PERSPECTIVES FALL 2017 the Magazine for the University of Minnesota Law School

PERSPECTIVES FALL 2017 The Magazine for the University of Minnesota Law School

COVER STORY CYBERSECURITY, PRIVACY, AND THE LAW Moving Targets in a World of Change

Strengthening Bar Exam Support

New Law Library Acquisitions

Theory at Work: Kevin Reitz

Faculty Profile: Fionnuala Ní Aoláin DEAN BOARD OF ADVISORS Perspectives is a general interest magazine published Garry W. Jenkins Amy C. Seidel (’98) (Chair) in the fall and spring of the academic year for the Daniel W. McDonald (’85) University of Minnesota Law School community of alumni, CHIEF OF STAFF (Chair-Elect) friends, and supporters. Letters to the editor or any other Jay L. Kim (’88) Jon McClanahan communication regarding content should be sent to (Immediate Past Chair) Cynthia Huff ([email protected]), Director of Communications, DIRECTOR OF COMMUNICATIONS Joseph M. Barbeau (’81) University of Minnesota Law School, 229 19th Avenue South, Cynthia Huff Jeanette M. Bazis (’92) Sitso W. Bediako (’08) 421 Mondale Hall, Minneapolis, MN 55455. EDITOR AND WRITER Amy L. Bergquist (’07) Jeff Johnson Karin J. Birkeland (’87) The University of Minnesota shall provide equal access to James L. Chosy (’89) and opportunity in its programs, facilities, and employment COMMUNICATIONS SPECIALIST John F. Hartmann (’87) without regard to race, color, creed, religion, national origin, Luke Johnson Gary J. Haugen (’74) gender, age, marital status, disability, public assistance The Honorable Natalie E. status, veteran status, sexual orientation, gender identity, Hudson (’82) DIRECTOR OF DEVELOPMENT or gender expression. David Jensen Rachel C. Hughey (’03) Nora L. Klaphake (’94) DIRECTOR OF ALUMNI RELATIONS Greg J. Marita (’91) ©2017 University of Minnesota Board of Regents AND ANNUAL GIVING Ambassador Tom McDonald (’79) Ellisa Ecklund Chaffee Christine L. Meuers (’83) Michelle A. Miller (’86) CONTRIBUTING WRITERS Cyrus A. Morton (’98) Dick Dahl Michael T. Nilan (’79) Kathy Graves Pam F. Olson (’80) Ryan Greenwood Roshan N. Rajkumar (’00) Jessica Griffith Mary S. Ranum (’83) Corrections and Clarifications Luke Johnson Stephen P. Safranski (’97) On page 7 of the spring issue, James H. Binger’s graduation Cathy Madison Michael P. Sullivan Jr. (’96) Todd Melby The Honorable John R. date was inadvertently listed as 1949 instead of 1941. Monica Wittstock Tunheim (’80) We regret the error. Bryn R. Vaaler (’79) COVER ILLUSTRATION Kevin Warren Stephen Webster

PHOTOGRAPHERS Jayme Halbritter Diana Minster Tony Nelson Rick Reinhard Tim Rummelhoff University of Minnesota Archives

DESIGNER Launch Lab Creative FROM THE DEAN

A FOCUS ON STUDENTS AND THEIR SUCCESS

As the 11th dean of the University of Minnesota Law the July administration of the Minnesota Bar Exam School, I can tell you that this is an exciting and important showed that 91% of University of Minnesota Law School time for our school. A key measure of our success is our first-time takers passed—the highest pass rate in the state, ability to successfully recruit, develop, and support our and our highest rate in several years. (Comparatively, students. first-time takers overall had a pass rate of 82%.) When I ask students why they chose Minnesota Law, To enhance career opportunities and preparation, the they often point to our academic reputation (including the Law School has developed a robust career advising program quality of their peers and faculty), the outstanding career and launched several new employment initiatives. Today, opportunities we afford alumni, and the strong sense of each law student is assigned an advisor in their first year— community. Accordingly, one of my top priorities upon an advisor who’ll stay with them through graduation. The becoming dean was to build on these strengths so that we Career Center staff has added effective new programming can continue to attract great students and prepare them efforts, too, such as the Professional Essentials Milestone for lives of leadership and service. training program for second- and third-year students. This Our admissions team is working hard to bring program offers a thorough grounding in the personal lead- outstanding individuals to the Law School. This year, ership and business skills needed to navigate 21st-century we welcomed 196 1Ls, 49 LL.M. students from 20 careers. In addition, we’ve partnered with corporate law countries, and 10 M.S.P.L. students. In addition to their departments to create a series of postgraduate Corporate substantial academic accomplishments, they have many Law Fellowships. Much like judicial clerkships, these early gifts and talents—from entrepreneurship to musicianship, career opportunities allow students to learn from and work from diplomacy to codebreaking, from teaching to alongside in-house counsel while making significant piloting airplanes—that make them truly exceptional contributions to the legal team. individuals. Like our alumni in their day, they are highly We’re proud of the speed and success with which our motivated to apply their talents to become the next 2016 graduating class has entered the legal profession and generation of lawyer-leaders and problem solvers. the working world. Our data shows that approximately 40% As for student life, our students know and feel the are employed by private law firms, 30% are in clerkships, 20% Minnesota Law difference. They value both our highly are with government and nonprofit organizations, and 10% collegial culture and that the administration supports are in business—and Minnesota Law graduates are hired into and empowers their development and growth. This year, high-quality jobs at rates much higher than the national the student services team has launched a new wellness average. Moreover, a recent study of our recent graduates initiative, aimed at promoting awareness about personal shows a marked improvement in student satisfaction in well-being and giving students tools and opportunities to career counseling, job search help, and overall employment prioritize taking care of themselves and of each other. Our support. It’s not surprising that the Career Center received student life offers a rich variety of activities and programs, the Outstanding University Unit award this year. including conferences, events and speakers, and an annual Best wishes for a happy, healthy, and peaceful new year. theater production. Through these activities, students are able to satisfy their professional and personal interests while connecting with our community. Another area in which we are focusing on student success is bar exam support. The Law School has stepped up our resources and programming to provide all students with bar-related support, information, and counseling under the leadership of Randall Ryder (’09), our new Garry W. Jenkins director of bar support. Earlier this fall, the results from Dean and William S. Pattee Professor of Law

law.umn.edu Perspectives FALL 2017 1 CONTENTS

20 CYBERSECURITY, PRIVACY, AND THE LAW Moving Targets in a World of Change

By Cathy Madison Illustration by Stephen Webster

26 THEORY at WORK

KEVIN REITZ: CREATING A NEW MODEL FOR CRIMINAL SENTENCING

2 Perspectives FALL 2017 law.umn.edu 1 DEAN’S PERSPECTIVE 6 A Focus on Students and Their Success

4 AT THE LAW SCHOOL 4 Law School Introduces Dedicated Bar Prep Program 5 Perspectives on Taxation 6 Commencement 2017: “To Be a Lawyer is a Privilege” 8 Orientation 2017: Female-Majority Entering Class is a Law School First 9 Conference Considers Events in Ferguson, Mo., in Exploring the Workings of Persuasion • Binger Center Seeks Pro Bono Attorneys 10 Fall 2017 Legal History Workshops • Fall 2017 Public Law Workshops 11 Career Center’s Sarah Rohne Receives Women’s Leadership Award • Employee Milestones 12 William B. Lockhart Club Dinner, Oct. 3, 2017 14 Law School Hosts National Conference on Legal Writing • Law School Hosts Takings Conference 15 15 MSNBC’s Ari Melber Outlines Trump’s “First Amendment Assault” • New Staff 16 Dean Fraser, Clarence Darrow, and More: New Law Library Acquisitions 17 New Library Faculty 18 Impact of Giving: Scholarships for Students With Real-World Experience 19 Scholarship Stories: Rudolph Dambeck (’17), Hannah Kim (’18)

28 FACULTY PERSPECTIVE 28 Faculty Awards, Grants, and News 31 Faculty Book 32 Law School Welcomes Visiting Faculty • Coming in April 2018: Family Law Conference 33 Professor Blumenthal Wins Two Major Book Awards • Professor Kitrosser Awarded Guggenheim Foundation Fellowship 34 Faculty Works in Progress • Kritzer and Shen Release Major Studies 35 Faculty Profile: Fionnuala Ní Aoláin 35 36 STUDENT PERSPECTIVE 36 Student Profiles 39 Student News • Supreme Impact 40 Presenting the Great TORT T.I.C.K.E.T. CONTEST 41 Chris Conway (’19): Locking in Career Plans • J.J. Pristanski (’19): Skating with the Sharks

42 ALUMNI PERSPECTIVE 42 Alumni Profiles 44 Alumni News and Awards 47 Paul G. Feinman (’85) Appointed to New York Court of Appeals • Minneapolis Names Middle School for Alan Page (’78) 48 We  TORT Save the Date • Alumni Weekend Save the Date 49 Partners in Excellence 39 50 Class Notes 52 University of Minnesota Day of Service • Class of 2017 Welcome to the Bar Breakfast 55 2017 Up & Coming Attorneys • 2017 Diversity & Inclusion Honorees • Fall 2017 Alumni Book Publications 56 Past Alumni Weekend 58 Tributes 59 In Memoriam 60 Why I Give: Phyllis Reha (’72)

law.umn.edu Perspectives FALL 2017 3 44 AT THE

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LAW SCHOOL INTRODUCES DEDICATED BAR PREP PROGRAM

OVER THE PAST ACADEMIC YEAR, School in 2009, and has been a highly and a significant increase in our the Law School has introduced successful adjunct instructor in the overall bar success,” said Erin Keyes, dedicated programming to enhance Maynard Pirsig Moot Court since assistant dean of students. “We’re bar exam preparation—an initiative 2010 and with the Law in Practice lucky to have him on board.” focused on supporting student success course since 2011. With a back- As director of bar support, Ryder and strengthening career outcomes. ground in consumer law practice, focuses on building and implement- The early returns have been substan- he founded his own solo practice— ing academic and bar support tial. The Minnesota Bar Exam results Ryder Law Firm—in 2011, where programming throughout the for July show that 91% of the Law he represents consumers on statutory- year—from presentations during School’s first-time takers passed—the based claims in federal court and orientation week and panels with highest first-time takers pass rate in provides expertise in student loan recent graduates to listening sessions the state, and 9% higher than the and debt collection issues. A featured with 2L and 3L focus groups and overall state rate. Part of the dedicated contributor for the Lawyerist since weekly outreach about practice exam programming has been the creation 2009, Ryder has written nearly 600 opportunities and study strategies. On of a new position on the student articles on practice management, law the whole, Ryder strives to foster a services team: director of bar support. school, and career development, and supportive academic environment— Randall Ryder (’09) began serving in has presented six Minnesota CLE in tandem with students, staff, and that role in June. With a strong sessions in 2016 alone. faculty—to allow students the personal and professional connection “Randall brings a wonderful opportunity to achieve their full to the Law School, Ryder is helping combination of practitioner and potential. to evolve how students are supported educator to this important new role. “Randall's program was instrumen- before and after graduation. His work in the bar support role has tal in my ability to pass the bar exam,” Ryder graduated from the Law yielded enthusiastic praise from grads, said Sam B. Ketchum (’17). “He

4 Perspectives FALL 2017 law.umn.edu 2 Left to right: Judge Mark J. Kappelhoff, 3 Left to right: Judge 1 Staff members of Donald M. Lewis, and Heidi S. Schellhas, Judge the Law School’s Career Professor Myron Orfield Jill Flaskamp Halbrooks, Center, which was named participating on a civil and Judge Michael L. Kirk Outstanding Unit by the rights and diversity panel (’75) of the Minnesota 4 A newly naturalized University’s Academic during the 2017 American Court of Appeals held United States citizen at Professionals and Legal Writing Directors oral arguments at the a ceremony held at the Administrators Senate conference Law School. Law School

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FALL 2017 PERSPECTIVES ON TAXATION

Perspectives on Taxation is offered periodically through the semester. Lectures are held in the Lindquist and Vennum Conference Room, Room 385, from 12:15-1:15 p.m. For more information, contact Professor Kristin Hickman at [email protected] or 612-624-2915. One CLE credit is typically offered.

Sam Ketchum (’17), Xinyu Yu (’17), Randall Ryder (’09), and Aaron Minster (’17)  at the Welcome to the Bar Breakfast OCTOBER 6 Andy Grewal brings thoughtfulness, energy, and program key. University of Iowa College of Law legal knowledge to his work with This summer, more than 20 students Phantom Regulations in the students, and this program is a great attended a single skills workshop Tax Law asset to the Law School.” and more than 30 students attended Moderator: Walter Pickhardt, Students and recent graduates also practice exams. Next summer, to Faegre Baker Daniels have individualized, one-on-one meet the growing demand, more  support opportunities designed to workshops and practice exam sessions DECEMBER create and implement personally will be offered. n 11 Kathleen DeLaney Thomas customized plans for success. Whether University of North Carolina in person, by phone, or by Skype, By Luke Johnson, communications Taxing the Gig Economy connection on a regular basis is the specialist

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COMMENCEMENT 2017: “TO BE A LAWYER IS A PRIVILEGE”

THE LAW SCHOOL HELD ITS 129TH Contribution Award, to Alysha memories.” Huang also observed that commencement ceremony May 13 Bohanon; and the William B. “some people said LL.M. students at Northrop Memorial Auditorium. Lockhart Award for Excellence in could not really get involved in Law Dean Garry W. Jenkins welcomed the Scholarship, Leadership, and Service, School activities like J.D. students. J.D., LL.M., and M.S.P.L. classes, their to Andrew Leiendecker. The Lockhart They are wrong. At least in this law families and friends, and several Award honors the Law School’s fifth school, LL.M. students are part of the special guests: commencement dean and 28-year faculty member for family and we made a big difference.” speaker Cathy Haukedahl (’79), his dedication in enriching the Mary Heath was chosen by her executive director of Mid-Minnesota curriculum, attracting leading classmates to give the J.D. graduation Legal Aid; David McMillan (’87), scholars, and sharing his gift for address. “I sought a school that would a member of the University of teaching. produce, as Dean Jenkins says, lawyer Minnesota Board of Regents and Matt Hart, vice president of leaders,” Heath remarked. “Three executive vice president at Minnesota the Law Council, announced that years later, J.D. (almost!) in hand, Power; and University Executive Vice the class of 2017, as its class gift, I’m pleased to report that President and Provost Karen Hanson. will make financial contributions I chose the right school.” After Dean Jenkins presented the Stanley to the Law School’s Diversity highlighting many of the accomplish- V. Kinyon Professor of the Year Scholarship Fund. ments of her class, including Awards for Excellence in Teaching Three people received a new volunteering with the Asylum Law and Counseling, established by family honor, the Minnesota Law Equity Project, arguing federal immigration and friends in honor of the late and Diversity Award. They were issues before the 8th Circuit, and cite Professor Stanley V. Kinyon (’33), a graduating students Jing Du and checking until the wee hours of the recognized commercial law scholar Maher Mahmood, and staff member morning, Heath concluded her and member of the Law School Nubia Esparza, the Law School’s speech: “After today, we will face faculty for 40 years. This year’s senior coordinator of diversity and challenges both in law and in life. Kinyon recipients were Kristin equity programs. To be a lawyer is a privilege. It is to Hickman and Oren Gross as Tenured The 2017 LL.M. class of 62 advocate for others; to be a leader Teachers of the Year and Ben Casper students from 20 countries selected in our communities; and to use our Sanchez (’97) as Clinical Teacher of Yan Huang to deliver a graduation power to stand up for what is right. the Year in Practice. address. Huang praised his classmates That’s a tremendous responsibility. Three special student awards were for overcoming linguistic differences, But it’s one we are prepared to face. presented: the Excellence in Public cultural differences, time differences, Because to be a graduate of the Service Award, to Nadia Anguiano- and homesickness to create “great University of Minnesota Law School Wehde; the Outstanding achievements” and “beautiful is to be a person of integrity.”

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Cathy Haukedahl began her strive to integrate the value of justice 5 commencement address by recalling into every aspect of our work as the moment, 38 years earlier, that she lawyers … is what leads us to a received her J.D. from the Law rewarding, satisfying career far beyond 1 Cathy Haukedahl (’79), executive director School and embarked on a lifetime having a meticulous legal practice.” of Mid-Minnesota Legal Aid, delivers the of satisfying work. “I’ve loved being After remarks on behalf of the commencement address. a lawyer ever since,” she said. Board of Regents, Regent McMillan 2 Ceremonies conclude with the singing of Haukedahl offered three keys to conferred degrees on the J.D., LL.M., “Hail! Minnesota” by class of 2017 members. her experience of “finding joy in the and Master of Science in Patent Law 3 Soon-to-be graduates celebrate in Northrop practice even when times are tough.” graduates. Diplomas were presented Auditorium. First: find mentors and, in turn, be by Professors Ann Burkhart and 4 Left to right: Professor Benjamin Casper mentors. Next: perform volunteer Bradley Clary (’75) for the J.D. class; Sanchez (’97), University of Minnesota work, particularly with legal aid Professor Karen Lundquist for the Regent David J. McMillan (’87), Mid- programs. Finally: “Do justice, not LL.M. class; and Program Director Minnesota Legal Aid Executive Director only in your pro bono work—which Chris Frank for the M.S.P.L. class. Cathy Haukedahl (’79), Dean Garry W. I know you will now do—but in The ceremonies concluded with Jenkins, University of Minnesota Executive every aspect of your law practice. the singing of “Hail! Minnesota” Vice President and Provost Karen Hanson, “Doing justice,” she added, “is by class of 2017 members William and Professor Oren Gross different from practicing law well. Coberly, Alexandra Holznecht, 5 Class of 2017 Student Award winners Justice is defined as ‘what is right and Timothy Michael Joyce, Gaowen Li, fair.’ The law, and the practice of law, Hannah C. Lomax-Vogt, and Walter are not always right and fair. But to Prescott. n

law.umn.edu Perspectives FALL 2017 7 AT THE LAW SCHOOL

ORIENTATION 2017: FEMALE-MAJORITY ENTERING CLASS IS A LAW SCHOOL FIRST

J.D. PROFILE CLASS OF 2020

196 9:1 29 Entering J.D. Students Student-to-Faculty Ratio States Represented + Washington, D.C. 15% WOMEN52% Students of Color 37% 15925% - -163 50% - 75%- 165 Minnesota Residents 48%MEN 9% LSAT Range* International Students 63% From Outside Minnesota 3.5025% - -3.75 50% - 75%- 3.87 GPA Range*

AT 9 A.M. ON AUG. 28, THE J.D. Minnesota’s Amy Klobuchar; worked broaden their experience. class of 2020 gathered in Mondale on Hillary Clinton’s presidential Class members’ backgrounds Hall for the start of their Law School campaign; started a clothing com- include government service, energy, orientation. The next four days would pany; drafted letters in Spanish to accounting, physics, journalism, and be a whirlwind: welcoming speeches, DREAMers in Texas; presented at a law enforcement. One student section assignments and meetings, no model U.N. conference; and worked translated his country’s constitution less than three legal writing sessions, with NGOs in places ranging from into various local dialects to help insights from professors, introductions Minneapolis to Cape Town. Students citizens better understand their rights to the Law Library and Career Center, have studied abroad in Norway, and responsibilities. Two others have a group photo, an ice cream social, Bangladesh, Rome, Hong Kong, and served as judges. Another was a patent mock classes, the Great Law School Morocco. Class members’ hobbies attorney for a large electronics Scavenger Hunt, and much more. include beekeeping, house flipping, manufacturer. The students’ legal The 196 members of the incoming ballet, horseback riding, designing interests range from judicial reform to 1L class come from 29 states and the movie trailers, winning medals at the finance law, from human rights to District of Columbia—and for the U.S. Pond Hockey Championships, administrative law, and from criminal first time in the Law School’s and playing music—which will no law to intellectual property. 129-year history, there are more doubt interest the producers of next women (52%) than men in the spring’s Theatre of the Relatively Master of Science in entering class. The students range in Talentless performance. Patent Law students age from 20 to 42; the average age is The Law School’s Master of Science 24. They hold undergraduate degrees LL.M. students in Patent Law program begins its from 100 U.S. institutions and 12 The 2017-18 LL.M. students began fourth year with a class of 10 new international institutions. The class their orientation in early August with students and 3 returning part-time includes Fulbright Scholars, a Marine an intensive three-week Introduction students from a diverse array of cryptologist, a pilot, a patent agent, a to American Law course. science and engineering backgrounds. special education teacher, a professor This year’s LL.M. enrollment totals M.S.P.L. candidates start their of comparative literature, and a 50 students—27 women, 23 men— academic year with a two-week student who met the president of from 20 different countries, with course introducing them to the South Korea because he—the the largest contingent (17 students) American legal system and the law student—was the first foreigner to from China. LL.M. students have each school environment. Their subsequent donate an organ in that country. completed a law degree in their home coursework will focus on patent law, Members of the class of 2020 have country and come to the Law School patent prosecution, patent portfolio interned for U.S. Senators, including to further their legal education and management, and persuasive writing. n

8 Perspectives FALL 2017 law.umn.edu *LSAT/UGPA percentiles were calculated by the University of Minnesota Law School and will be certified by the Law School Admissions Council. AT THE LAW SCHOOL

CONFERENCE CONSIDERS EVENTS IN FERGUSON, MO., IN EXPLORING THE WORKINGS OF PERSUASION

ON FRIDAY, OCT. 13, THE INSTITUTE and the development of solutions on Law and Rationality held a are adversely affected. one-day conference entitled The conference began with a “Ferguson as a Case Study in panel discussion that included the Persuasion” at the Law School. The authors of the Ferguson reports, conference was organized by moderated by Judge Mark Professor Claire Hill, holder of the Kappelhoff of Minnesota’s 4th James L. Krusemark Chair in Law Judicial District, who participated in and director of the Institute on Law the Ferguson investigation as a DOJ and Rationality. staff member. Participants included Fara Gold, Christy Lopez, Judge Mark Kappelhoff, The launching point for the Robert Moossy, deputy assistant Robert Moossy conference was the U.S. Department attorney general in the DOJ’s Civil of Justice’s reports on the Ferguson, Rights Division; Fara Gold, special Mo., police department, which were litigation counsel in the Civil Rights among other things, race, class, and prepared and presented in a context Division; and Christy Lopez of the the workings of the police and other where the findings were sure to be Georgetown University Law School government institutions—is both strongly challenged by people with faculty, former deputy chief in the warranted and productive. contrary prior beliefs and an enor- Special Litigation Section of the Additional conference sponsors mous amount at stake in maintain- Civil Rights Division. included the Law School’s Robina ing those beliefs. This symposium Attendees heard from members Institute of Criminal Law and examined the DOJ’s findings and of the national media who covered Criminal Justice, Human Rights used them as a case study in how the reports and the incidents in Center, and Office of Advancement, people are, or are not, persuaded Ferguson and from community as well as the University’s Center for regarding high-profile incidents that leaders. The “science” of persuasion the Study of Political Psychology raise complex and sensitive societal was also discussed, along with and the Hennepin County Bar issues. Since the events in Ferguson attempts, successes, and failures at Association. occurred, the American public has persuasion in other contexts from To view the complete agenda, list been engaged in an important the perspective of those involved in of speakers, and conference video, national dialogue about policing persuading and being persuaded in visit http://robinainstitute.umn.edu/ practices, race, community trust, legal, public, and academic arenas. events/ferguson-case-study- and public safety. The dialogue is The symposium attempted to persuasion. n affected, and too often impeded, by demonstrate that taking a more people’s assumptions and biases; critical perspective about one’s own By Monica Wittstock, Robina Insti- both the identification of problems assumptions and biases—about, tute communications coordinator

BINGER CENTER SEEKS PRO BONO ATTORNEYS

THE JAMES H. BINGER CENTER remain united with their families and Advocates for Human Rights. for New Americans is looking for have a better opportunity to obtain The Center will provide training, volunteer attorneys to represent legal representation and prepare guides, and a mentor attorney. immigrants in bond hearings. their cases. Bond hearings take place at Immigrants who are detained in The Center is looking for volun- Immigration Court in Bloomington, county jails have an opportunity to teers for initial bond hearings to Minn. For more information, please make a claim for immigration relief help immigrants lower bonds and contact the Center at 612-626-0938 before a judge. However, they are secure release. No prior immigration or visit the website at: www.law. often held on high initial bonds. This or criminal law experience is umn.edu/james-h-binger-center- is a critical juncture for these cases. necessary. This project is being new-americans/volunteer- Immigrants released on bond can managed in partnership with The opportunities. n

law.umn.edu Perspectives FALL 2017 9 AT THE LAW SCHOOL

FALL 2017 LEGAL HISTORY WORKSHOPS

Workshops are held on Thursdays from 12 Amy Dru Stanley 16 Richard J. Ross 4-6 p.m. in Room 473 of Mondale Hall University of Chicago University of Illinos at Urbana- and are open to the public. To receive the “The Sovereign Market and Sex Champaign College of Law paper in advance of the lecture, email Difference: Human Rights in “The Rule of Law and the Estado Jacquelyn Burt at [email protected]. America“ de Derecho in British and Spanish

19 Rohit De America”

 Yale University 30 Rowan Dorin SEPTEMBER “The Kenyatta Trial as an Stanford University 9 Sarah Seo International Legal Event: “Scribes, Synods, and Sermons: University of Iowa Decolonization, Civil Liberties, Legal Diffusion and the Rise of “Policing Everyman: How Cars and a Global History of Rebellious Mass Expulsion in Late Medieval Transformed American Freedom” Lawyering” Europe”

28 Laura Edwards

Duke University   “Only the Clothes on Her Back: NOVEMBER DECEMBER Textiles, Law, and Governance in 2 Will Hanley 5 Susanna Blumenthal the 19th-Century United States” Florida State University Law School

“Identifying with Nationality: “Playing the Part of the Madman:

 Europeans, Ottomans, and The Problem of Imposture in OCTOBER Egyptians” 19th-Century Insanity Trials” 5 Nathaniel (Nate) Holdren 9 Margot Canaday Drake University Princeton University “Blood Money: Law, “Pink Precariat: LGBT Workers in Commodification, and the the Shadow of Civil Rights, 1945- Human Truths of Injury in the 2000” Long Gilded Age”

FALL 2017 PUBLIC LAW WORKSHOPS

  Workshops are held from 4:05- OCTOBER NOVEMBER 6 p.m.—except Monday, Oct. 9, 5 Daniel Schwarcz 2 Richard Schragger from 12:15-1:15 p.m.—in room N202 Law School University of Virginia and are open to faculty and students “Ending Public Utility Style Rate “The Attack on American Cities” enrolled in the affiliated seminar. Regulation in Insurance” 9 Daphna Renan

9 Kendall Thomas Harvard University

 Columbia University “The Unwritten Law of Article II” SEPTEMBER “Brown v. Board of Education: 16 Mitu Gulati 14 Jill Hasday A Critical Race Judgment” Duke University Law School 19 Jamal Greene “Puerto Rico and the Right of “Intimate Lies and the Law” Columbia University Accession” 21 Michelle Wilde Anderson “A Private Law Court in a Public 30 Jessica Clarke Stanford University Law System” Law School “We are Not Dead: Local Gov- 26 Jay Wexler “Non-Binary Gender and the Law ernment in the Post-Industrial Age” Boston University 28 Christopher Yoo “Our Non-Christian Nation: How University of Pennsylvania Atheists, Wiccans, Satanists, “James Wilson as the Architect of and Other Non-Christians are the American Presidency” Demanding Their Rightful Place in American Public Life”

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CAREER CENTER’S SARAH ROHNE RECEIVES WOMEN’S LEADERSHIP AWARD

THE UNIVERSITY’S WOMEN’S alumni; she also manages national Center selected Sarah Rohne, and on-campus recruiting, diversity employer relations director and hiring, and other hiring programs. associate director of the Career For many years Rohne has been Center, as the recipient of the active in legal professional develop- 2017 Mullen-Spector-Truax ment organizations, and she Women’s Leadership Award. currently serves as the National Established in 1997, this award is Association for Law Placement given to a faculty or staff woman liaison to the ABA Commission on at the University who has made Women in the Profession, as well as outstanding contributions to the NALP regional representative women’s leadership development for law schools throughout the and has ensured the long-term Midwest. Rohne is also a leader in embodies the Law School’s sustainability of her programs and Minnesota, currently serving on the enduring commitment to women, initiatives. The award was named board of directors of Minnesota diversity, and the success of all in honor of Patricia Mullen, Janet Women Lawyers and chairing the members of our profession.” Spector, and Anne Truax for their Law School Liaison Committee of The mission of the Women’s contributions to women at the the Hennepin County Bar Center is to advance gender equity University in their positions in Equal Association. She received her B.A. across identities and to educate and Opportunity Affirmative Action, from the University of Minnesota inspire feminist leaders, advance an the Center for Advanced Feminist and her J.D. from Hamline University empowering intellectual environ- Studies, and the Minnesota School of Law. She joined the Law ment, and advocate for an equitable Women’s Center, respectively. School staff in 2012. University culture and community. Rohne manages employer “We are extraordinarily lucky to The award was presented at the relations for the Law School, have Sarah as a part of our commu- Women’s Center Celebrating including development of local, nity,” said Dean Garry W. Jenkins. University Women Awards and regional, and national employment “She is a terrific choice for this Recognition Program on Oct. 19 at opportunities for law students and award, and her creative leadership the McNamara Alumni Center. n

40 YEARS 10 YEARS Professor Richard Frase Connie Lenz, Associate Director Miza Ingrid, Library Assistant for Collection Development, EMPLOYEE Acquisitions, Law Library Law Library Carol Rachac, Director of AND FACULTY 35 YEARS Curriculum Administration, Professor Stephen Befort (’74) Law General Curriculum MILESTONES Professor Ann Burkhart Professor Daniel Schwarcz Professor John Matheson Professor Laura Thomas Seventeen members of the Law School Yuemo Zeng, System & Network community reached a years-of-service 30 YEARS Administrator, Law IT Services milestone during the year ending Oct. Samuel Goshorn, Software Services 15, 2017. We extend our sincere thanks Manager, CALI 5 YEARS to the following employees for their Professor Neha Jain commitment and contributions to the 25 YEARS Professor Francis Shen Law School. Professor Edward Adams Jean Wells, Administrative Professor Joan Howland Coordinator, Law Clinics

15 YEARS Professor Oren Gross

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WILLIAM B. LOCKHART CLUB DINNER OCTOBER 3, 2017

Stewardship events honor the Law School’s leadership donors and provide our alumni, faculty, and friends with a chance to reconnect with each other and with the Law School. In October, our leadership donors gathered at TCF Bank Stadium for the 2017 WILLIAM B. LOCKHART CLUB DINNER. Attendees were welcomed by Board of Advisors Chair-Elect Dan McDonald (’85) and heard from Dean Garry W. Jenkins, Professor Fionnuala Ní Aoláin, and current student Devin Driscoll (’18). The evening ended with a performance by the Law School’s own TORT singers.

12 Perspectives FALL 2017 law.umn.edu AT THE LAW SCHOOL

The Lockhart Club is the University of Minnesota Law School’s leadership annual giving society. The Lockhart Club brings together generations of alumni and friends who generously express their support of the Law School through an annual gift of $2,000 or more.

LOCKHART GOLD Graduates of the Last Decade Lockhart GOLD was created to engage a new generation of leadership donors. Alumni give at special giving levels based on their graduation year and enjoy all benefits of the Lockhart Club.

Graduation Year GOLD Giving Level 2017 $10/month ($120 annually) 2016, 2015, 2014 $25 per month ($300 annually) 2013, 2012, 2011 $50 per month ($600 annually) 6 2010, 2009, 2008 $100 per month ($1,200 annually)

For questions or for information about joining 1 Emily Wessels (’14), Karen Sieffert, Bridget Sieffert, Kent Sieffert (’88), the Lockhart Club, please contact Abigail Loyd, and Morgan Helme (’14) assistant director of annual giving, at 2 Dennis Nguyen (’98) and his daughter, Nadine (612) 625-6854 or [email protected]. 3 Allen Hinderaker (’74), Ronald Hunter (’18), and Kevin Sheys (’87) 4 Joe Barbeau (’81), Dan McDonald (’85), and Kim McDonald 5 Robert Owens (’69), Dean Garry W. Jenkins, and Charles Rubenstein (’55) 6 A special performance by the Law School’s own TORT singers

law.umn.edu Perspectives FALL 2017 13 AT THE LAW SCHOOL

LAW SCHOOL HOSTS NATIONAL CONFERENCE ON LEGAL WRITING

Albert, University of Minnesota vice diversity and civil rights issues. president for equity and diversity, Participants included Hennepin followed by a performance of the County District Court Judge Mark privilege- and race-themed play Kappelhoff, former deputy assistant Native Gardens. attorney general in the Civil Rights The conference programming Division of the U.S. Department of included plenary sessions focused on Justice and, until last year, a clinical bias, diversity, and inclusion. professor at the Law School; Donald Presenters Rachel Godsil (Rutgers Lewis, former dean of Hamline Law Professor Christopher Soper, Jeremy Francis Law School), Tom Romero School and a shareholder at Nilan (University of Denver Sturm College Johnson Lewis; Professor Myron of Law), Erin Kelly (M.I.T. Sloan Orfield, Earl Larson Professor of Civil THE ASSOCIATION OF LEGAL School of Management), and Russell Rights and Civil Liberties at the Law Writing Directors’ 2017 biennial McClain (University of Maryland School and director of the Institute conference, “Acknowledging Lines: Francis King Carey School of Law) on Metropolitan Opportunity; Talking About What Unites and each spoke to all conference attend- Minnesota Court of Appeals Judge Divides Us,” filled the Law School ees on issues of implicit bias, hidden Kevin Ross, a member of Scribes, a July 19-21. Professors Christopher barriers to success, and increasing legal writing organization; Sharon Soper and Brad Clary (’75) welcomed diversity. Concurrent sessions on Sayles Belton, vice president of more than 170 legal writing profes- teaching featured, among others, Law community relations and government sors from around the country as they School alumnus George Mader (’00), affairs at Thomsen Reuters and a gathered to explore issues of implicit now an associate professor of law at former mayor of Minneapolis; and bias, diversity, and inclusion both in the University of Arkansas at Little Ramsey County District Court Judge the classroom and the legal academy. Rock, who presented on best Nicole Starr (’03), recipient of the The conference kicked off at the practices in teaching law. 2017 Excellence in Diversity Award Guthrie Theater with a reception and An exceptional highlight of the from the Ramsey County Bar opening remarks from Dr. Katrice conference was a panel discussion on Association. n

LAW SCHOOL HOSTS TAKINGS CONFERENCE

diverse group of leading scholars years arguing takings cases on and experienced practitioners to behalf of the United States before discuss cutting-edge issues. the Supreme Court. Other topics An examination of the U.S. included important new develop- Supreme Court’s 2017 decision in ments in the application of the Murr v. State of Wisconsin and its Takings Clause to water manage- implications for the future of takings ment, the relationship between doctrine featured a panel that private property rights and housing included the primary oral advocates opportunity, and recent issues before the Supreme Court: associated with eminent domain for ON OCT. 6, THE LAW SCHOOL Wisconsin solicitor general Misha energy-related projects. hosted the 20th annual “Conference Tseytlin (representing the state of The conference also featured on Litigating Takings Challenges to Wisconsin), Harvard law professor Law School professors Alexandra Land Use and Environmental Richard Lazarus (representing St. Klass, Brad Karkkainen, and Myron Regulations.” The conference Croix County), and Pacific Legal Orfield; C. Ford Runge of the explored the takings issue as it Foundation attorney John Groen University’s applied economics relates to land use, environmental (representing the plaintiffs). department; and Law School alumni rules, and other forms of regulation. Edwin Kneedler, a deputy U.S. Howard Roston (’95) of Fredrikson In addition to offering a basic solicitor general, delivered the & Byron and Kathryn Hoffman (’06), education in modern takings law, keynote address, reflecting on his CEO at the Minnesota Center for the conference brought together a experience over the past 30-plus Environmental Advocacy. n

14 Perspectives FALL 2017 law.umn.edu AT THE LAW SCHOOL

MSNBC’S ARI MELBER OUTLINES TRUMP’S “FIRST AMENDMENT ASSAULT” NEW STAFF

broadcaster: “With all of the Fake Jon McClanahan News coming out of NBC and the joined the Law Networks, at what point is it appro- School as chief of priate to challenge their License? staff in August. Bad for country!” Since 2009 he A bigger concern for Melber is had served as a the president’s creation of another clinical associate professor at the communication method. “What University of North Carolina School I do think is new is a fifth catego- of Law and, for the past two years, Ari Melber ry—a desire to completely supplant as associate dean for administra- and replace the press,” Melber said. tion. He earned both his B.A. and “While it raises First Amendment J.D. from the University of North COMBATIVE POLITICIANS HAVE issues, it’s not unconstitutional.” Carolina at Chapel Hill; he gradu- always criticized the press, but Ari Melber claimed Trump supplanted ated Order of the Coif and as Melber, chief legal correspondent at the press during the 2016 cam- valedictorian of his law school class. MSNBC, told a Law School audience paign—and also since taking office— After law school, he clerked on the that President Donald Trump went by embracing Russian propaganda U.S. Court of Appeals for the 4th too far in asking FBI Director James and asserting it as fact. “There’s no Circuit. Comey to consider jailing reporters baseline fidelity about what’s true who published classified information. and what’s an original source,” “That alone is a tremendous Melber said. “We’re in a shock- Elissa Ecklund challenge to the First Amendment,” and-awe period.” Chaffee joined said Melber, speaking Oct. 24 at the Before joining MSNBC, Melber the Office of 2017 Horatio Ellsworth Kellar worked with First Amendment Advancement at Distinguished Visitor Program attorney Floyd Abrams at Cahill the Law School in Lecture. “That is a huge scandal.” Gordon & Reindel in New York. July as director of Trump made the suggestion to “The reason we have the First alumni relations and annual giving. Comey in February, shortly after Amendment is not because this She most recently served as former National Security Advisor might happen or this could happen,” development director at the Michael Flynn resigned. While the Melber said. “It is because the American Craft Council; previously, president’s comments on Flynn’s founders thought it would happen she held advancement leadership possible collusion with Russia (“I all the time. The antipathy towards positions at the Girl Scouts of hope you can let this go”) garnered the press … is something that is so Minnesota and Wisconsin, Gillette most of the attention from the challenging … but especially [from] Children’s Foundation, Macalester meeting, Melber worries that Trump’s those who would pursue autocratic College, and Carleton College, suggestion to put reporters in prison tendencies.” where she earned her B.A. hasn’t gotten the scrutiny it deserves. The late Curtis B. Kellar (’40) “We’re barely talking about it,” established the Horatio Ellsworth he said. Kellar Distinguished Visitors Kara Galvin Melber, who earned a J.D. from Program in memory of his father in joined the Law Cornell Law School, hosts The 1996. In keeping with his father’s School in August Beat with Ari Melber on MSNBC. many interests, Curtis Kellar’s desire as director of His speech, titled “First Amendment was to support an interdisciplinary international and Freedom in the Trump Era,” lecture series at the Law School that graduate pro- explored many of the challenges would connect emerging issues in grams. She was previously facing reporters covering the the law with other disciplines, such employed at Saint Paul College as president. as art, drama, and literature. Mr. director of two programs: College There are four ways politicians Kellar retired in 1981 as an associate Transitions and Student Success, grapple with the press, Melber said. general counsel for Mobil Oil Corp. and Gateway to College. A Gustavus “They engage, they discredit, they He served on the board of directors Adolphus College graduate, she censor, and they retaliate. The first of the Law Alumni Association and holds a master’s in counseling from two are fair game.” In an Oct. 11 the Board of Visitors at the Law the University of Minnesota. n tweet, Trump suggested censoring a School. n

law.umn.edu Perspectives FALL 2017 15 AT THE LAW SCHOOL

DEAN FRASER, CLARENCE DARROW, AND MORE: NEW LAW LIBRARY ACQUISITIONS

IN AUGUST, THE LAW LIBRARY “Minnesota Plan”—made him a several recent and notable acquisi- was fortunate to receive a donation recognized authority in innovative tions, including a copy of the Reply of annotated casebooks, manuscript legal education and the training of Brief and Argument for the State of notebooks, and other books of lawyers for effective client advocacy Tennessee from the famous Scopes former Dean Everett Fraser (1879- and public service. Of particular Trial (1925). In the summer of 2017, 1971). This generous donation was personal interest in the collection is the Library acquired four volumes of a gift from Hennepin County District an undergraduate notebook, from Herbert Spencer’s seminal Synthetic Court Judge Thomas Fraser, son 1901-03, containing Fraser’s Philosophy (1890-91), with Darrow’s of former U.S. congressman and “Autobiography,” a unique record of signature and bookplate in each Minneapolis mayor Donald Fraser his life growing up in Canada. The volume. The texts lay out Spencer’s (’48) and Humphrey Institute Senior donation also includes the typescript theory of evolution, similar to that of Fellow Emerita Arvonne Fraser, and of the speech Dean Fraser gave at the Darwin, which Darrow relied on grandson of Dean Fraser. University of Minnesota to mark the during the Scopes Trial and in A legendary figure, Dean Fraser led death of Franklin D. Roosevelt in speeches and debates through his the University of Minnesota Law 1945. Dean Fraser’s legacy as a scholar career. More generally, the Library’s School to national prominence from and educator, like that of other Riesenfeld Rare Book Center has the 1920s to 1940s and oversaw the former and current faculty members, strengthened its collection of histori- Law School’s move from Pattee Hall lives on in the Law Library’s Faculty cal works in American law with the to the newly constructed Fraser Hall Collection. acquisition of several items on key in 1929. Dean Fraser’s focus on The Law Library’s nationally Supreme Court cases—including a curriculum reform—culminating in preeminent Clarence Darrow copy of the first public printing, in what became known as the Collection also has expanded through an 1824 National Intelligencer

2 4

16 Perspectives FALL 2017 law.umn.edu AT THE LAW SCHOOL

NEW LAW LIBRARY FACULTY newspaper, of the landmark opinion in Gibbons v. Ogden. Beyond acquisitions, the Law Library has assembled a new rare books collection, representing the personal library of Hermann Kantorowicz, one of the most eminent legal scholars of the 20th century. Comprising more than 1,850 titles from the 16th through 20th centuries, Kantorowicz’s library was originally acquired from his widow, Hilda, in 1941. Now gathered Andrew Martineau joined the Sandra Jacobson joined the together in the Riesenfeld Center, Law School in September as the Law School in September as a the Kantorowicz Collection includes instructional services librarian. part-time reference librarian. rare and important works, particularly Martineau leads the Law Library’s Jacobson’s primary responsibili- in the fields of jurisprudence, legal legal research instruction pro- ties include providing reference history, and criminal law, many of gram, which includes teaching a service to Law School faculty and which feature the great scholar’s own two-credit Practice-Ready Legal students, as well as other library marks and annotations. n Research course, coordinating the patrons, and producing library Library’s research instruction for research guides. By Ryan Greenwood, curator of rare first-year law students, and giving Jacobson, a native Minnesotan, books and special collections presentations on specialized legal recently returned to the Twin research topics in upper-division Cities after an exceptional career seminars. He also provides as a law firm librarian in Chicago. reference and research assistance She served for 18 years as to Law School faculty and research and library services students, as well as other library manager for Jones Day’s Chicago patrons. office. Prior to joining Jones Day, Martineau earned a M.L.I.S. she was a research librarian at with a specialization in law Jenner & Block in Chicago. librarianship from the University Jacobson earned a M.L.I.S. from of Washington’s preeminent law Dominican University and a B.A. 1 Clarence Darrow's bookplate librarianship program, and from St. Olaf College. 2 Portrait of Dean Everett Fraser, courtesy completed a reference internship of University of Minnesota Archives at the University of Washington 3 Autobiographical notebook of Everett Fraser Law Library. He earned a J.D. from 4 Herbert Spencer, System of Synthetic DePaul University College of Law. Philosophy (1890-91) Prior to joining the Law Library 5 Spencer, The Principles of Biology, vol. 2 faculty, Martineau served as a (1891) research librarian and assistant professor at the University of Nevada, Las Vegas, William S. Boyd School of Law. At UNLV, Martineau developed and taught a highly successful advanced legal research course with a focus on intellectual property law. He also worked extensively with the school’s moot court teams.

law.umn.edu Perspectives FALL 2017 17 AT THE LAW SCHOOL

IMPACT of GIVING

SCHOLARSHIPS FOR STUDENTS WITH REAL-WORLD EXPERIENCE

BEFORE HE ATTENDED LAW it folded into Chicago’s Hinshaw & multiple years. He continues to school, Judge David S. Doty (’61) Culbertson in 1997. donate to the Law School’s Partners was a butcher’s apprentice, truck Doty left private practice in 1987 in Excellence Annual Fund and has driver, valet parking attendant, auto when President Ronald Reagan arranged a planned gift. factory assembly worker, and captain appointed him a judge in the U.S. Of the many honors Doty has in the U.S. Marines. So when he District Court for the District of amassed over the course of his career, chose to fund a scholarship, he Minnesota. Doty recently celebrated he is particularly proud of the directed it toward students with 30 years on the bench and now serves Distinguished Alumni Award he previous job experience. as a senior judge. His most famous received from the Minnesota Law “I’ve always had an affinity for cases have involved labor disputes Review in 2008. In his free time, he people who work with their hands,” between the National Football plays golf and bikes around the Twin he says. “It brings some maturity. Life League and its players’ union; Doty Cities. And when much of the and work experience help you learn has often, but not always, ruled in workforce takes a holiday on Labor from your mistakes and learn from favor of the union. Day, Doty comes into the office. other people.” New clerks sometimes bring “I do it out of respect for the Doty started his legal career in St. problems to Doty expecting that he people whom Labor Day was meant Paul, but soon moved to Minneapolis has handled similar ones in the past, to celebrate, the people who don’t get with Popham Haik, which became but he insists the work remains varied to work in a nice, clean office in nice, one of Minneapolis’s largest firms. even after three decades. clean clothes,” he says. n “[Wayne] Popham and [Raymond] “We are still solving new and Haik impressed the heck out of me,” interesting problems after 30 years,” By Jessica Griffith, a freelance writer Doty recalls. “They showed me you he says. based in the Twin Cities could make a living and still do things Doty established the scholarship in for people and the world. I was 2009, at the time of his 80th birthday; To learn more about how you, too, always in awe of them.” The firm to date, nine students have benefited can make an impact, please visit launched a number of spinoffs before from the fund, some of them over give.umn.edu/law.

18 Perspectives FALL 2017 law.umn.edu AT THE LAW SCHOOL

SCHOLARSHIP STORIES DONOR SUPPORT MAKES SO MUCH POSSIBLE AT THE LAW SCHOOL, INCLUDING MUCH-NEEDED SCHOLARSHIP FUNDING FOR OUR DESERVING STUDENTS.

RUDOLPH DAMBECK (’17) Law School. I also got the Justice practicing law. DOTY SCHOLARSHIP John Paul Stevens Public Interest RECIPIENT Fellowship for my 1L summer, FAVORITE CLASS: which allowed me to take an Property with Professor Judith unpaid internship with the federal Younger was the only class that had government. a closed-book final exam—it challenged me to do my best. The MOST REWARDING EXPERIENCE: most important takeaway from that At the National Moot Court regional class was on how to frame issues. tournament, my team won best Even with the same facts, how one petitioner’s brief and advanced to frames the issue could determine the semifinals. The only team that winning or losing the case. was able to beat us was the other I was also impressed by how the Law School team. law has developed and is develop- I HAD ALWAYS BEEN INTERESTED I also did TORT, Theatre of the ing—honoring and balancing the in helping people and making the Relatively Talentless. I was a reasonable expectations of the community I live in a better place. featured dancer—recruited not society. This aspect of the law I joined the Michigan National Guard for my moves, but for my ability enchanted me: that it could be in 2000 when I was 17. Halfway to lift people. intellectually satisfying while having through basic training, 9/11 hap- full practical application for real pened. I served until 2006, then got HANAH KIM (’18) people. an undergraduate degree and a DOTY SCHOLARSHIP master’s before working with the RECIPIENT INTERNSHIP AND U.S. Forest Service as a firefighter ASSOCIATE JOBS: and then the U.S. Park Service as a I was a summer intern at the New park ranger. York City Department of My grandfather said I would Environmental Protection, handling eventually want to work with my cease-and-desist hearings and brain instead of my back, and law drafting agreements between the school presented a chance to work department and environmental at my full potential. groups that receive city funding. Last fall, as a judicial extern with CURRENT WORK AND Judge David Doty, I attended and FUTURE PLANS: observed court proceedings, I am a clerk for Judge Patrick MY FATHER ALWAYS ENCOURAGED conducted legal research, and wrote Rohland in Minnesota’s 5th District. me to become a lawyer, but I wasn’t memos on a variety of issues, I’d like to be a criminal prosecutor sure I wanted to, so I joined the including securities fraud. or go back to ICE and work for Navy after graduating from high Homeland Security. I serve in the school and before attending New CAREER PLANS: U.S. Army Reserves and have York University. No specifics yet, but I’d like to applied for a commissioned position During my deployment in the work in employment law or in in the U.S. Army Judge Advocate Middle East in 2012, I read a book government. n General Corps. on the history of American law and was very impressed with judicial HOW SCHOLARSHIPS HAVE rulemaking and Supreme Court HELPED: Justice Benjamin Cardozo. He said Gifts to the Partners in Excellence In addition to the Doty scholarship, I judicial decision-making was not Annual Fund make a significant received Dean’s Distinguished and discovery but creation, and that was impact on the University of Dean’s Elite scholarships. Were it an inspiration that I could create my Minnesota Law School and our not for the generosity of Judge own way. I became convinced that if students. To give, contact the Doty and other donors, I would I were to contribute to society in Office of Advancement at not have been able to attend the any way, it would be through 612-626-8671.

law.umn.edu Perspectives FALL 2017 19 20 Perspectives FALL2017 law.umn.edu

Illustration by Stephen Webster CYBERSECURITY, PRIVACY, AND THE LAW Moving Targets in a World of Change

By Cathy Madison

If you’re among the 145.5 million people affected by the Equifax data breach, you’ve probably given the security of your personal information more than a passing thought. Chances are, however, that cybersecurity was not top of mind when you attended law school, nor were you hankering to settle down for long nights of studying privacy law, compliance, and regulatory concerns. Maybe you wanted to be a litigator instead?

CONT > Illustration by Stephen Webster Stephen by Illustration

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< CONT artificial, he contends. “If bad actors get to what we call industrial control systems, they can destroy or damage the “My mandate is figuring infrastructure and cause death and economic loss or out how to bring cyber collapse. How do we wake up the world to the fact that risk into the fold of cyber and physical worlds are merging, and how do we business risk, and incentivize everyday people to guard against risk? My how to talk about it in mandate is figuring out how to bring cyber risk into the ways that are accessible fold of business risk, and how to talk about it in ways that to lay people.” are accessible to lay people.” Finan works with the insurance industry to help assess, —Tom Finan mitigate, and transfer business risk. “Data breaches are a major threat and will continue to be. But public awareness of how bad cyber actors could, through OT, cause property So did most of the alumni we interviewed for this story. damage, death, and injury is only starting to become Yet today they find themselves immersed—happily so, they apparent,” he says. In the “Internet of things” era, how will say, despite occasional insomnia—in a brave new world of we cover the damage when hackers seize control of our exploding data, lagging legislation, and relentlessly rapid cars, thermostats, and refrigerators? progress as they work to protect the good guys from the While at DHS, Finan started the Cyber Incident Data bad guys while keeping their companies afloat and their and Analysis Working Group, a public-private forum government satisfied. seeking to establish an independent cyber incident data Back in the days he spent watching L.A. Law, Tom Finan repository that informs both insurers and cybersecurity (’96) fancied himself a litigator. He became one, working as professionals. In those early days, “it was like an eighth- an associate for East Coast firms until terrorist-controlled grade dance, with boys on one side and girls on the other. planes took down the Twin Towers. “9/11 changed every- The music was playing, but they didn’t know how to talk to thing for me. I was working in Washington, D.C., and a each other,” he recalls. friend perished in the Pentagon that day. It changed my “After 9/11, there was a huge rush to protect, fortify, and career,” says Finan, now chief strategy officer at Ark strengthen. Admitting that we could not fully protect Network Security Solutions in D.C. He decided to use his ourselves was seen as an admission of failure. I understand legal skills and telecommunications experience to focus on and respect that, but cyberterrorism changes the paradigm. security instead. In 2003 he joined the FBI, where, as We will not be able to prevent it. The bad guys will always assistant general counsel in the civil litigation unit, he got get in,” he says. “How we best mitigate the harm they do in his introduction to the world of counterterrorism. a world of limited resources, and how to most effectively “Lo and behold, I started hearing about this thing called transfer residual cyber risk through insurance, is something cybersecurity. It was a big issue, and I thought you needed a we have to parse out in the years ahead. I’m excited to be technical background to understand it,” he says. “As a law part of the process.” student, I was happy if I could successfully turn my computer on.” Fortunately, tech speak was not required. As staff director for the U.S. House of Representatives Committee on Homeland Security, then senior cybersecurity strategist More Than and counsel for the U.S. Department of Homeland Security, Finan plunged into information sharing, terrorism risk Meets the Eye assessment, and protection strategy. He describes how cyber risks have evolved and how we, MITCHELL GRANBERG (’98) IS THE CHIEF PRIVACY as individuals and business entities, might best deal with officer and deputy general counsel of Optum, a health care them. For many years, IT, information technology, got all data and analytics solutions company that did not exist in its the attention. Public policy focused on preventing data current form 10 years ago. Few CPOs were around then breaches and securing personal information, financial data, either, and privacy was hardly a magnet for young lawyers. and trade secrets. “That is very important, but there’s this Granberg understands that. whole other world called OT, operational technology, “Handling an incident isn’t very fun. It must be turned which exists in practically every sector. Historically, OT was around quickly, it generates lots of concern, and it always almost totally safe from attack because businesses housed it seems to happen on Friday night,” he says. His litigation on internal networks that were closed systems. Then they background serves him well, especially during investigations decided to connect to the internet, which was cheaper and of a breach or fraud attempt. But there is more to managing made OT easier to operate. But they were not thinking privacy in the health care industry than meets the eye. about security,” Finan explains. “It’s not just issues that arise when somebody loses a Teams focusing on cybersecurity are often separate from laptop. Other issues are really interesting, such as how those focusing on physical threats, but that distinction is health information can be used in a responsible fashion and

22 Perspectives FALL 2017 law.umn.edu CYBERSECURITY, PRIVACY, AND THE LAW

will take a fair amount of work to get that figured out.” In Granberg’s world, gone are the lone privacy officers; his team has surpassed 20. He says he likes being responsible for members’ and patients’ privacy and data, counseling businesses to better use data in respectful ways, and finding new ways to authenticate identities and communicate in a world where millennials want their doctors to text them. He does not like the increasingly sophisticated bad actors in the cyber world, but his philosophical take on that could be a mantra for his peers: “You never know when the next bad thing is going to happen, and you don’t know what you “Should the doctor don’t know.” know as much as possible about the patient, or does the individual have the right to keep things Bad Actors from their doctor? It’s a substantial issue.” are Very Good

—Mitchell Granberg at What They Do how data can be handled compliantly. You end up getting into big data, research, and many areas beyond. If you don’t “It’s changing so do it right, your company ends up in the headlines.” rapidly that we A former army captain, Granberg considered a can’t predict what Department of Justice career before landing in the litigation five years from now department at Dorsey & Whitney in Minneapolis, where he will look like…. handled securities fraud, class action, and breach of fiduciary We’re always dealing duty cases, among others. Working on a case in which with the future.” former Minnesota attorney general Mike Hatch sued Medica introduced him to the complex world of health —Gloria Lee care, where HIPAA (the Health Insurance Portability and Accountability Act) has reigned since 1996. “Health care is important to our society, and I became AT 10 YEARS OLD WITH 1,600 EMPLOYEES, SAN really interested in privacy and data issues from both a Francisco-based Fitbit is still a relatively young and human and a social policy standpoint. Lots of interests small company fighting for a voice among technology compete. Should the doctor know as much as possible behemoths like Facebook, Apple, and Google. Yet it about the patient, or does the individual have the right to has a vast library of health-related data for its 23 million keep things from their doctor? It’s a substantial issue,” active users. “We are so consumer-facing,” says Gloria Granberg says. Because medical records contain such Lee (’98), Fitbit’s vice president and associate general sensitive and voluminous data, health care companies are counsel. “Whenever any company has that much data, more heavily regulated than any industry except the they’re always dealing with concerns around privacy financial industry. Economic stakes are higher, too. and security. We deal with them at a much higher level. According to global statistics released annually by the Privacy is something that we take very seriously and pride Ponemon Institute, the average cost of a data breach in the ourselves on. Doing things in ways to protect our users medical field is $9.8 million, compared to $6.3 million for a while doing the best we can to keep their information financial company and $3.62 million for all companies. secure is the bedrock of what this company does and “Data is absolutely exploding,” he adds, citing the needs to do. We need to have their trust.” relatively recent advent of electronic medical records Although only one attorney at the company is dedicated together with advances in genetic testing and other to privacy work, privacy and cybersecurity are embedded potential sources. But balancing the use of health data to in many of the issues that arise as part of Lee’s job as head improve treatment and lower costs with the need to of the litigation department. She is no stranger to the maintain individual privacy is a major challenge. Current challenges involved. Before joining Fitbit in 2016, she social policy prevents sharing substance abuse information, was lead counsel at McKesson Corp., the largest pharma- for example, yet opioid addiction is epidemic. “It would be ceutical distributor in North America, where healthcare helpful for doctors to know their patients are addicted. It fraud, privacy breaches, and related policies and practices CONT >

law.umn.edu Perspectives FALL 2017 23 CYBERSECURITY, PRIVACY, AND THE LAW

Bad actors are forces that are typically abroad, and they are very devious. You see it in the political realm, but it’s not limited to that. It is really hard to have the ability to go after them. They’re very good.” The Value of Data is Rising

“Knee-jerk changes to established laws often have unintended impacts < CONT were her responsibility. Most breaches are the result of on industry. You can’t inadvertent disclosures or external bad actors hacking into make major infrastructure, the system, she says. application, and process Regulatory concerns regarding privacy are also ramping changes in a day.” up. As a global company, Fitbit is carefully watching the EU, where the General Data Protection Regulation goes — Evan Thimmesch into effect next May. It is designed to harmonize laws across Europe, where each jurisdiction has its own notion of how to deal with data transfer and information. The AN OUTLIER AMONG THOSE WE CONTACTED FOR law is stringent, and many companies are already struggling this story, Evan Thimmesch (’11) did not enter law school with questions. to become a litigator. His techno zeal originated in mid- “It’s perhaps a foreshadowing of what will happen dle school, where he did geeky things like writing custom in the U.S.,” Lee says. “How do you comply? Where modem initialization strings. “I lived in rural southeastern will the enforcement come from? What will the regulators Minnesota, and the connection was terrible,” he explains. really care about?” Now a client contracts manager within the global That the privacy field is evolving rapidly is no surprise. information security team at PwC (previously Before data was collected, legislators did not have to PricewaterhouseCoopers), Thimmesch launched his consider it. “Now there is more and more data out there, career with a bachelor’s degree in management information and the laws need to evolve to deal with it. Lawmakers systems. He managed IT for a small internet service must figure out how best to provide protection and, provider and a school district before earning a joint from a government perspective, what we need to be most J.D./M.S. in security technologies. Early experience taught worried about to make sure we have the kind of world him not only about infrastructure and security but also we want to live in. Government and industry need to how to apply technology and communicate effectively in work together,” Lee says. a leadership role. She chronicles how much has changed and how “When you’re addressing complex problems, having quickly, recalling college without email and law firms a broad base of knowledge across multiple disciplines without privacy professionals. Data generation and collec- is extremely helpful,” he says. He joined the International tion launched a new industry. “It’s a different world, and Association of Privacy Professionals and sought proficiency it’s changing so rapidly that we can’t predict what five years through certification “as quickly as I could. There is such from now will look like. We are not dealing with the past. a need that if you build the right skill set, many opportuni- We’re always dealing with the future.” ties exist. The value of data is rising, and companies are Her job is not for everyone, she admits—it requires being recognizing that handling it appropriately is essential scrappy and forgoing resources she had become accustomed to their business.” to—but it is the most fun she has had in the legal world. Well-versed in both technology and law, Thimmesch The work is fascinating and diverse. “Fitbit has created an is a rare commodity, as stints at Boston Scientific, Goodwill, industry of connected health and fitness devices, and it is Wells Fargo, and Pearson have proved. The evolution pace fun to be a builder, to be part of that. I’m dealing with in both fields creates uncertainty, and politically motivated issues that have not been dealt with before, and I have regulatory changes add to the unpredictability. “Knee-jerk to think about how to move the company forward in the changes to established laws often have unintended impacts midst of that uncertainty. That’s both the challenge and the on industry,” he says. “You can’t make major infrastructure, fun of it,” she says. “The other piece, of course, is the world. application, and process changes in a day. It may take several

24 Perspectives FALL2017 law.umn.edu CYBERSECURITY, PRIVACY, AND THE LAW

years, especially when you’re making global changes subject and intrigue of the cybersecurity side appeals to me. You to myriad compliance requirements.” know those TV shows about Washington, D.C., and spies Privacy and security are not synonymous, he notes, and nation-states attacking? That stuff is real. The first time I although the overlap is significant and they belong in a explained to someone that ransomware really is about unified community. Increasingly complex and interrelated malware that locks up your files until you pay a ransom, laws and regulations make separating the two difficult, they thought I was kidding.” but privacy attorneys should not be expected to fulfill all Allina was a client at Martin’s firm before the increasing security duties. More attorneys focusing solely on cyberse- number of cyberattacks and burgeoning regulatory curity would help meet the growing need, Thimmesch says. enforcement issues demanded an uptick in corporate Although he enjoys the rapid pace, it is challenging. resources devoted to privacy and cybersecurity. “It wasn’t “It often feels as though you need to spend a fifth of your a new area, but making it a dedicated program and time just staying up-to-date. It’s easy to fall behind,” he creating a stand-alone chief privacy officer position was adds. “I also enjoy the global aspect of the work. You’re not new,” says Martin, who was loaned to Allina, then decided just learning laws but also how different cultures view to stay. “I was lucky enough to come in at a time of privacy. Many countries see protecting data as a fundamen- increased and renewed organizational support. But once tal human right, while others see comprehensive protec- I got here, I had to demonstrate the importance of the tions as a potential hindrance to their economies and do program.” the minimum necessary to facilitate international business.” Martin now manages a team of six and says that He notes that because all companies are increasingly creating and building her new role has been both exciting data-reliant, their lawyers need a solid understanding and challenging. She has had to transition from a lawyer of information risk management to make timely and practicing law, expert at researching legal solutions, to targeted decisions. He often finds himself in a translator someone equally adept on the operational side, skilled role, making sure that those on the technical side under- at building privacy into programs whose managers may stand what those on the legal side are up against, and see compliance as an impediment. vice versa. In a world replete with galloping progress in “It’s not only about protecting data and ensuring that the cloud and beyond, “if you can’t speak the language, patients’ rights are honored, but also about recognizing your guidance won’t be heard.” that captured data has value and can be used to improve patient outcomes,” she says. Much of today’s medical research relies on big data. Yet medical records contain so much detail that the health care sector has moved into the top five hacker targets. Nobody is Immune “It’s one-stop shopping for thieves, with a higher dollar value on the black market,” she says. “Before, a hacker was someone sitting in a basement. Now we’re seeing professionals hired by nation-states for the purpose “Before, a hacker was of initiating attacks, working 9 to 5. Sometimes it keeps someone sitting in a me awake at night.” basement. Now we’re Although the recent Equifax breach reminded everyone seeing professionals that danger lurks, it also offered some solace. “Nobody is hired by nation-states for immune. Nothing is ever going to be perfect or 100% the purpose of initiating foolproof,” Martin points out. “It’s like the joke about two attacks, working 9 to 5.” hikers meeting a bear in the woods—you don’t have to run faster than the bear, you just have to run faster than —Careen Martine the other guy.” Most people have a limited view of privacy, Martin adds, although she was surprised to discover just how CAREEN MARTIN (’06), VICE PRESIDENT AND CHIEF pervasive that limited view is. “There is a privacy aspect privacy officer at Allina Health since 2016, set out to be a to most things we do. Whether it’s HIPAA, or the FTC, criminal defense attorney. But when the recession tanked or a million other things, we just don’t think about it,” the firm where she practiced construction law, she ended she says. Thinking about it is now her job, and she finds up in the Minnesota attorney general’s office, which placed protecting patient confidentiality “never boring and, her in its health licensing division. There she encountered in a strange way, fulfilling and exciting. I had no idea this health care privacy and regulatory enforcement issues, is where I’d end up or how much I’d enjoy it.” n which she later pursued in private practice at Nilan John- son Lewis in Minneapolis. “The longer I practiced, the more clients I had with both Cathy Madison is a Twin Cities writer and the author of privacy and cybersecurity issues,” she says. “The mystery The War Came Home With Him: A Daughter’s Memoir.

law.umn.edu Perspectives FALL 2017 25 THEORY at WORK

This article is part of an ongoing series highlighting professors’ community work at state, national, and international levels. For all the differences in the issues they tackle, the citizens profiled in this series have much in common. They trace the roots of their current service to early educational and professional experiences. They thrive on putting expertise and passion to work on causes in which they believe. They bring fresh perspectives back to students in hopes of inspiring them to put their own scholarship into practice.

Kevin Reitz: Creating a New Model for Criminal Sentencing

DEVOTING A DECADE AND A HALF OF HIS WORKING expert and former University of Chicago Law School dean, life to revising the American Law Institute’s 1962 Model weighed in. Penal Code was certainly not on Kevin Reitz’s road map “His take was, ‘How could you not do this? It’s such an when he earned his J.D. at the University of Pennsylvania in important project and likely to have more influence than 1982, clerked for Justice Jay A. Rabinowitz of the Alaska the books or articles you could write in an equivalent Supreme Court the following year, or became an associate period,’” Reitz recalls. “That resonated with me. As an in the litigation department of Saul, Ewing, Remick & academic, particularly at a public university, part of my job Saul, Philadelphia. But when he started teaching at the is to give back to the world of law and policy and help University of Colorado Law School in 1988, a new path people caught up in the legal system. It became an offer beckoned. that was impossible to refuse.” “Criminal justice in this country affects millions of lives,” says Reitz, who joined the Law School in 2005 and now holds the James Annenberg La Vea Land Grant Chair in “Kevin undoubtedly understands sentencing laws Criminal Procedure Law and serves as co-director of the better than anyone else in the country.” Robina Institute of Criminal Law and Criminal Justice. “As an academic, I followed my nose. I tried to figure out what subjects were important but neglected.” He began explor- Reitz characterizes the original 1962 Model Penal ing criminal law and policy areas that often got short shrift. Code as “the most influential criminal law reform project Media and academic worlds focus on the widely disliked, ever undertaken in this country.” Forty states adopted some headline-grabbing federal system, for example, instead of or all of its recommendations, and even in states that didn’t, paying attention to the states, which handle 95% of courts paid attention. Federal courts, to which it did not criminal cases and bear the economic burden of burgeon- apply, often referenced it as well. “It was an incredibly ing prisons. Meanwhile, U.S. incarceration rates quintupled successful project that persuaded people to change the from 1972 to 2009, far outpacing those in other countries. way they were doing things. To some extent it affected By the ’90s Reitz had stepped up, organizing the pilot all American criminal law jurisprudence,” says Reitz. “Now meeting of the National Association of Sentencing I had an opportunity to revisit it. If my work could have Commissions, serving as co-reporter for a new edition of half the impact of the original, it would be a lifetime the ABA’s Criminal Justice Standards for Sentencing, and achievement.” becoming widely recognized as an expert. What he calls the “phone book” or “big book” is the Yet when the ALI asked him in 2001 to be the lead final bound draft, the last of 29 such drafts, each subjected reporter for Model Penal Code: Sentencing, the final draft of to extensive review by ALI members and outside experts which was approved last May, he resisted. around the world. At least annually, a formal advisers’ group “My first impulse was, ‘Oh no! I’m trying to get away representing various disciplines met for a full day to critique from an exclusive focus on sentencing!’ I was thinking the latest manuscript. Reitz’s job was to apply their collec- about moving on to other things, like policing and juvenile tive feedback to his own extensive knowledge of current justice, and knew it would take 10 years,” says Reitz. He research, then draft suggestions that states could use to struggled with the decision until one of his mentors, the frame and adopt legislation. late Norval Morris, criminal justice and prison reform “I didn’t appreciate how difficult the job was until I got

26 Perspectives FALL 2017 law.umn.edu THEORY AT WORK

involved. It is very, very demanding,” says Judge Theodore McKee of the U.S. Court of Appeals for the 3rd Circuit, one of the project advisers. “Kevin is quiet but has a meticulous and tenacious intellect. He has a way of crystal- lizing what started out as theoretical concepts and seeing how they would be applied in the real world.” Creating a model statute from the experience of all 50 states combined with the best sentencing practices from past decades proved a formidable challenge. “There is tension built into it. What many social scientists agree should be required … has to be balanced by what is politically achievable,” McKee points out. “Kevin’s job was to take all those things into consideration and figure out what compromises could be made without jeopardizing the underlying principles.” Reitz says a primary goal of MPCS is to capture the attention of state legislatures and persuade them to revisit Left to right: Wallace Jefferson, Stephanie Middleton, Cecelia Klingele, their sentencing systems, in toto or piece by piece. “Even if Professor Kevin Reitz, Roberta Cooper Ramo, and Richard Revesz at the only four or five states make significant changes for the American Law Institute’s 2017 annual meeting better, it is worth the years of effort. Every time a state makes changes, it affects thousands of people coming through the system. Small innovations matter. The system release discretion and parole boards themselves, which are has so many problems, there are all sorts of ways that often very powerful but politically vulnerable. “Parole incremental changes can make real improvements,” he says. boards have been making prison policy in this country, and The project was divided into four large segments: the no one has been paying attention,” he says. He has also sentencing system structure as a whole; prison sentences; edited a book, American Exceptionalism in Crime and community sanctions such as probation supervision and Punishment, due from Oxford University Press in economic penalties; and procedure, such as sentencing November. He regularly fields speaking and consultation hearings, victims’ rights, and appellate sentence review. requests from judges, sentencing commissions, and state Minnesota’s model for creating judicial sentencing guide- legislators. He expects this to continue but is not sure how lines was widely viewed as the most successful, so Reitz much of a road show the newly approved MPCS will started there, supplementing with other states’ ideas and require. It is a matter of luck, he says. evolving principles as he went. Most of what ended up in “I hope the Code makes a large impact, but that depends the final draft achieved broad consensus within the ALI. on the politics of the moment. Right now, in a number of That result would been hard to predict, he says, given the cities such as Chicago and Baltimore, serious violent crime contentious nature of participants driven by differing is going up, although it has been dropping overall for almost politics and philosophies. He calls it a remarkable testament 25 years. When crime is down, people are more willing to to “just how careful the ALI process is.” think about reforming the system and spending resources “Kevin undoubtedly understands sentencing laws better differently. When crime is up or sustained at a high level, it than anyone else in the country,” says Cecelia Klingele, is politically harder to make changes,” Reitz explains. U.S. University of Wisconsin Law School associate professor of prison populations peaked in 2009, when 760 per 100,000 law and Robina Institute external director, who joined him people were incarcerated. But incarceration rates have been in 2012 as associate reporter. “It is rarely a one-person task, slowly declining since then, and Democrats and but Kevin singlehandedly carried this project for well over a Republicans find themselves reaching across the political decade. I can’t overemphasize the primary role he played aisle to discuss criminal justice reform. At the state level, both intellectually and in the drafting and execution. He they share an “enormous appetite for downsizing the always does more than his fair share.” system,” Reitz says. Klingele says she was impressed not only by Reitz’s “For the most part, timing has been incredibly good, at humble, unassuming nature and willingness to listen more least up to the presidential election and even afterward,” he than he talked, but also by his comprehensive approach. For adds, at least at state and local levels. “Sentiment about example, she says, “he wanted to address the rights of crime changing things doesn’t get you very far unless you have a victims, but he thoughtfully balanced their legitimate framework for change. The Code is an encyclopedia of concerns with the need for proportional sentencing not suggestions, and the optimist in me says it has arrived as a dependent on the character of the victim.” The two worked finished product at just the right time.” evenings, weekends, and holiday breaks for years, with Adds Klingele: “I think he has made an unparalleled Klingele contributing her expertise in community correc- contribution to the field.”n tions, sentence revocations, and collateral sanctions. Reitz has begun to turn his attention to other largely By Cathy Madison, a freelance writer and editor based in overlooked aspects of criminal punishment, such as parole the Twin Cities

law.umn.edu Perspectives FALL 2017 27 FACULTY

1 PERSPECTIVE

FACULTY AWARDS, GRANTS, AND NEWS

Stephen Befort “Can bias- or prejudice-reduction Linus Chan (’74) was elected programs lead to persisting change was awarded the to a second term in policing?” 2017 University as chair of the Outstanding United States Benjamin Community Section of the Casper Sanchez Service Award International (’97) was named for his work at Society for Labour and Social the winner of the James H. Binger Center for Security Law, and to a seat on the the 2017 Elmer New Americans. It is the highest board of the National Academy of Fried Excellence honor the University of Minnesota Arbitrators. in Teaching gives for service to the University Award by the American Immigration and community. Chan was also Eugene Lawyers Association. The Elmer promoted to the rank of associate Borgida Fried Award, established in 1997, is clinical professor. addressed the one of the most prestigious in the Minnesota field of immigration law. Casper Brad Clary (’75) Advisory Sanchez was also promoted to the was appointed to Committee rank of associate clinical professor and serve on the to the U.S. received the Stanley V. Kinyon Award Accreditation Commission on Civil Rights. As as Clinical Teacher of the Year in Committee of a member of the Policy-Makers/ Practice, presented at the 2017 the American Bar Judiciary Panel, he spoke on the topic commencement ceremony. Association’s

28 Perspectives FALL 2017 law.umn.edu 1 Left to right: 2 Professor Daniel 4 Professor Richard Professor Perry Schwarcz testifies before 3 Professor Jessica Painter introduces 2017 Moriearty, Professor U.S. House Committee Clarke at the 2017 Kellar Lecture speaker Joan Howland, Professor on Financial Services Kellar Lecture, “First Ari Melber, MSNBC chief Oren Gross outside regarding federal role Amendment Freedom legal correspondent and Mondale Hall in insurance industry in the Trump Era” host of The Beat

2 4

Council on Legal Education, the Oren Gross same regulatory principles to the official U.S. Department of was a co-recipi- same activity regardless of where the Education-approved accrediting ent, with Kristin test is developed. agency for the nation’s law schools. Hickman, of the Stanley V. Kinyon Kristin Jennie Green Award as Tenured Hickman was submitted a Teacher of the appointed to statement for Year, presented at the 2017 com- serve as one of Amnesty mencement ceremony. the 40 public International members of the USA to the Ralph Hall Administrative U.S. Congress led a coalition Conference of the United States. Subcommittee on Africa and Global to draft federal ACUS is an agency of the federal Health Policy hearing on April 5, legislation that government, charged with convening 2017. The statement urged Congress would provide expert representatives from the public not to repeal Section 1502 of the a predictable and and private sectors to investigate, 2010 Dodd-Frank Wall Street Reform timely path to deliberate, and recommend improve- and Consumer Protection Act, which market for innovative diagnostic ments to administrative process and requires companies to conduct due tests. The Diagnostic Accuracy and procedure. Hickman was also elected diligence and report on the source of Innovation Act addresses longstanding a Fellow of the American College of “conflict minerals” (tin, tantalum, issues with the regulation of diagnos- Tax Counsel by the college’s board of tungsten, and gold). The statement tic tests and is intended to bring regents. Hickman was a co-recipient, discussed the evidence that the much-needed certainty to patients, with Oren Gross, of the Stanley V. production of these minerals has providers, and industry. The legisla- Kinyon Award as Tenured Teacher of been linked to grave human rights tion would establish a flexible, the Year, presented at the 2017 violations. risk-based approach that applies the commencement ceremony. CONT >

law.umn.edu Perspectives FALL 2017 29 FACULTY PERSPECTIVE

< CONT Joan Howland bar who has demonstrated a signifi- companies. Drawing on empirical was elected to cant commitment and made an data and comparative analysis of U.S. the American Bar outstanding contribution to environ- experience in this area, the project Association’s mental, natural resources, or energy seeks to identify law and governance House of law in the state of Minnesota. reforms that can drive corporate Delegates, the energy transition in Australia. The policy-making Bernard expert reference group is composed body of the organization, for a Levinson of distinguished authorities on three-year term. Howland, who is delivered the corporate law, climate liability, and widely recognized for her work in opening corporate social responsibility in law and technology, American Indian keynote address, Australia, the United States, and other law, legal education, legal research, “Strategies for relevant jurisdictions. The group will and law librarianship, is one of two the Reinterpreta- guide the project’s implementation by delegates representing the ABA tion of Normative Texts within the validating findings, workshopping Section on Legal Education and Hebrew Bible,” at the First World proposals, and refining outcomes Admissions to the Bar. Congress of Legal Discourse & through peer feedback. Fifteenth International Conference Neha Jain is on Law and Language of the William working as a International Academy of Linguistic McGeveran visiting profes- Law. Levinson also co-edited a major was promoted sional at the international volume, The Formation to the rank of International of the Pentateuch: Bridging the Academic professor. Criminal Court Cultures of Europe, Israel, and North and assisting America (Mohr Siebeck, 2016). With Judge Geoffrey Henderson with the contributions from 45 specialists and trial of Laurent Gbagbo, former a particular focus on law, this volume Stephen Meili president of Côte d’Ivoire, and seeks to stimulate international presented his co-accused Charles Blé Goudé. The discussion about the Pentateuch in research on the accused have been charged with order to help the discipline move constitutionaliza- crimes against humanity in the toward a set of shared assumptions tion of human context of the post-electoral violence and a common discourse. rights law in in Côte d’Ivoire between Dec. 16, Latin America 2010, and April 12, 2011. The ICC Karen and the European Union at the operates a Visiting Professional Lundquist was annual conference of the Refugee Programme for purposes of engaging named the 2017 Law Initiative, held June 5-7 at the strongly motivated individuals with Volunteer of University of London’s School of outstanding academic qualifications to the Year by Advanced Study. At a panel entitled deepen and broaden their understand- LegalCORPS for “New Litigation Dynamics in the ing of the operations of the court. her outstanding Refugee Field,” Meili discussed his Visiting professionals’ duties include pro bono work for small business recent research on the use of consti- undertaking legal research and owners, small nonprofit organizations, tutionalized human rights law on analysis and assisting in the drafting of and low-income innovators in behalf of Colombian refugees in documents relevant to various matters Minnesota. Ecuador and how his findings from related to the trial proceedings. Jain that empirical study might be applied was also promoted to the rank of John H. in the current European context. associate professor with tenure. Matheson was Meili also presented a paper on invited to join the growing use of human rights Alexandra the expert provisions in national constitutions Klass was reference group at the annual meeting of the Law awarded the 2017 for an Australian and Society Association, held in Eldon G. Kaul Research Council Mexico City. Meili’s presentation Distinguished Discovery Project entitled “Devising a was part of a larger research project Service Award Legal Blueprint for Corporate Energy on the effectiveness of such human from the Transition.” The project will explore rights provisions in the constitutions Minnesota State Bar Association’s how corporate law mechanisms can of countries experiencing an increase Environmental, Natural Resource, incentivize improved climate risk in refugee migration, including many and Energy Law Section. The award management and the uptake of clean member states of the European recognizes a member of the bench or energy practices by Australian Union.

30 Perspectives FALL 2017 law.umn.edu FACULTY PERSPECTIVE

JaneAnne by the University Board of Regents. Murray pre- The designation is the highest level sented at the 26th of recognition given to faculty by annual Federal the University. Ní Aoláin was also Sentencing selected to the 2017 Irish Legal 100, Conference, an annual compilation of the most organized for distinguished legal professionals of practitioners by the ABA, the Federal Irish descent working in the Bar Association, and the National United States. Association of Criminal Defense FALL 2017 Lawyers. Murray’s topic was “Using Kevin Reitz Social Science at Sentencing,” and, served as FACULTY BOOK together with Laura Mate of the “reporter,” or BARRY FELD (’69) Federal Sentencing Resource lead drafter, for PROFESSOR EMERITUS Counsel, Murray gave an overview of the American The Evolution of the Juvenile Court: the most recent federal cases in which Law Institute’s Race, Politics, and the Criminalizing of judges are citing scientific insights to Model Penal Code: Juvenile Justice (NYU Press, 2017) support downward variances from the Sentencing, the proposed final draft of Federal Sentencing Guidelines. which was approved at the ALI’s 2017 Murray also received a presidential annual meeting. The project, launched commendation from the NACDL for in 2001, re-examines the sentencing her “commitment to ensuring justice provisions of the ALI’s 1962 Model with supplemental funding for a and due process for all” as a leader Penal Code in light of the many three-year period. Shen was also with two NACDL clemency efforts: changes in sentencing philosophy and promoted to the rank of associate Clemency Project 2014, an initiative practice that have taken place since its professor with tenure. spearheaded by the Obama adminis- original publication. Reitz, who holds tration, and the recently launched the James Annenberg La Vea Land Robert A. Stein NACDL/FAMM (Families Against Grant Chair in Criminal Procedure (’61) was among Mandatory Minimums) State Law, was the project’s reporter the recipients Clemency Project. throughout its duration. He was of the 2017 joined in 2012 by Cecelia M. University of Fionnuala Ní Klingele, an associate professor at the Minnesota Aoláin was University of Wisconsin Law School, President’s Award appointed by the as associate reporter. for Outstanding Service. The award United Nations as was established in 1997 to recognize the U.N.’s Special Christopher faculty and staff who have provided Rapporteur on Roberts was exceptional service to the University, the Promotion promoted to the its schools, colleges, departments, and and Protection of Human Rights and rank of associate service units; such service must have Fundamental Freedoms while professor with gone well beyond the regular duties Countering Terrorism. In this role, Ní tenure. of a faculty or staff member, and Aoláin will be charged with making demonstrate unusual commitment to recommendations on safeguarding Francis X. the University community. Each year, human rights while countering Shen was named approximately 12 individuals are terrorism and, at the request of states, a 2017-19 chosen to receive the award. providing advisory services or McKnight technical assistance on such matters; Presidential Mitchell E. investigating and reporting on alleged Fellow by the Zamoff was violations of human rights and Office of the promoted to fundamental freedoms; identifying Senior Vice President for Academic the rank of and promoting best practices on Affairs and Provost. This fellowship associate clinical counterterrorism measures that program is targeted at the University’s professor. n respect human rights and fundamen- most promising faculty who have tal freedoms; and reporting regularly been newly granted tenure and to the Human Rights Council and promotion to associate professor; the U.N. General Assembly, among it recognizes their scholarly To see a list of recent faculty other duties. Ní Aoláin was also accomplishments and supports their publications go to: law.umn.edu/ named a Regents Professor of Law ongoing research and scholarship our-faculty/recent-publications

law.umn.edu Perspectives FALL 2017 31 FACULTY PERSPECTIVE

LAW SCHOOL WELCOMES VISITING FACULTY

Kathy Moccio From Oct. 2014 school as student director of his will teach the to April 2017, he school’s federal tax clinic; and after Detainee Rights served as an law school as an attorney at low-in- Clinic in the attorney advisor come taxpayer clinics in Minneapolis James H. Binger in the National and Boston. In addition to directing Center for New Security Division the Law School’s federal tax clinic, Americans. She of the U.S. Smith will teach the federal tax has more than 25 years of experience Department of Justice, where his procedure course. practicing immigration law. From work focused on operational, legal, 2009 to 2017, Moccio served as an and policy issues relating to cyberse- Stacy Taeuber assistant Hennepin County public curity and foreign intelligence. He will teach the defender, a position in which she has also served as a special assistant Federal helped noncitizen defendants United States attorney for the District Immigration navigate the intersection of criminal of Maryland. After his graduation Litigation Clinic and immigration laws. She is recog- from Harvard Law School, in the James H. nized nationally as a researcher, Rozenshtein clerked for Judge J. Binger Center author, and educator of lawyers on Harvie Wilkinson III of the U.S. for New Americans. She has more such “crim-imm” issues. Moccio has Court of Appeals for the 4th Circuit. than 15 years of experience practic- worked in private immigration Prior to attending law school, he ing immigration law and criminal practice at a number of firms, studied philosophy at Balliol College, defense. In 2012, Taeuber founded the including Minneapolis-based Dorsey University of Oxford. Immigrant Justice Clinic at the & Whitney, and also worked for and University of Wisconsin Law School consulted with numerous immigra- Caleb Smith and served as its director until 2016. tion nonprofits. She has long been will direct and She has worked in private practice as active with the Binger Center’s teach the Ronald well as in the nonprofit sector, nonprofit partners, as well as such M. Mankoff Tax including as a staff attorney for the national organizations as the Clinic. He Legal Aid Society of New York; the American Immigration Lawyers worked most Catholic Legal Immigration Network Association and the American recently as a in Miami; and the Florence Project in Immigration Council. In 2015, the clinical fellow at Harvard Law Arizona, which provides free legal National Immigration Project of the School’s Federal Tax Clinic. He has services to people in immigration National Lawyers Guild selected given several presentations at national custody. She also worked as a public Moccio as the sole recipient of its ABA Tax Section conferences on defender in Cochise County, Ariz., annual award, in recognition of her low-income tax issues, and he and handled criminal appeals by outstanding contributions to the co-authored a chapter on the Earned appointment from the Wisconsin cause of immigrant justice. Income Tax Credit in the forthcom- State Public Defender’s office. ing seventh edition of the ABA’s Taeuber has appeared before the Alan Z. Rozenshtein will be Effectively Representing Your Client Arizona and Wisconsin Courts of teaching courses in cybercrime and Before the IRS. Since 2008, Smith has Appeal and Supreme Courts and has criminal procedure, among others. He worked with low-income taxpayer litigated cases before immigration taught most recently as an adjunct issues: prior to law school as program courts, the Board of Immigration professor at Georgetown University manager at Minnesota’s largest tax Appeals, U.S. District Courts, and Law Center in Washington, D.C. assistance nonprofit; during law U.S. Circuit Courts of Appeal. n

COMING IN APRIL 2018 How can the justice system adapt to a world of ever more diverse family structures? At this conference, leading family law experts from the Law School INEQUALITY and around the country will address that question. Organized by Professor AND THE FUTURE June Carbone and co-sponsored by the Center for Equitable Growth, the conference will be held April 27-28, 2018. Details will be forthcoming on the OF FAMILY LAW Law School website. n

32 Perspectives FALL 2017 law.umn.edu FACULTY PERSPECTIVE

PROFESSOR BLUMENTHAL WINS TWO MAJOR BOOK AWARDS CHEIRON: THE INTERNATIONAL other readers with an invigorated Society for the History of Behavioral understanding of the emergence of and Social Sciences awarded its 2017 refined notions of the individual Cheiron Book Prize to Professor (generally white men, at that time).” Susanna Blumenthal for Law and Blumenthal’s book was also named the Modern Mind: Consciousness and the winner of the 2017 Merle Curti Responsibility in American Legal Culture Award, presented by the Organization (Harvard University Press, 2016). of American Historians for the Since 2004, Cheiron has given the best book published in American prize biennially for an outstanding intellectual history. “Law and history are closely linked. monograph in the history of the Legal scholars have praised the Understanding the historical develop- social/behavioral/human sciences. book. Writing in The Los Angeles ment of legal rules and institutions In announcing the prize, Cheiron Review of Books, Meir Dan-Cohen, helps us understand the present and said, “Blumenthal’s book contributes a professor at University of the future directions of those same much to our understanding of the California, Berkeley School of Law, rules and institutions,” said Dean quandaries that lawyers and jurists called it a “thoughtful study of Garry W. Jenkins. “In her book, faced and explored as they considered American law’s confrontation with Blumenthal synthesizes the roots of the appropriate legal relations insanity during the 19th century.” our legal approach to assessing mental between human activity and culpabil- Sarah Barringer Gordon, a professor capacity with deftness and insight.” ity, particularly over the course of the at the University of Pennsylvania Law Blumenthal is the Law School’s 19th century. … Relying on extensive School, said the 400-page book was Julius E. Davis Professor of Law and knowledge of the primary sources an “extensive and exquisitely detailed an associate professor of history in the (including routine civil and criminal journey through a long overlooked College of Liberal Arts. She is also cases), Blumenthal provides historians, corner of 19th-century jurisprudence co-director of the Law School’s psychologists, anthropologists, and in America.” Program in Law and History. n

PROFESSOR KITROSSER AWARDED GUGGENHEIM FOUNDATION FELLOWSHIP

IN APRIL, PROFESSOR HEIDI program is renowned in the academy, Kitrosser was awarded a Guggenheim and one of its special characteristics is Foundation Fellowship. The highly that it honors creative artists, scholars competitive, national fellowship is in the humanities and social sciences, awarded annually to about 175 as well as scientific researchers.” scholars and artists selected from In 2015, the University of among more than 3,500 applicants. Chicago Press published Reclaiming This is the first Guggenheim Accountability: Transparency, Executive Fellowship awarded to a University of Power, and the U.S. Constitution, a Minnesota Law School professor. book by Kitrosser that won the Fellowship, now in its 93rd year, Kitrosser teaches and writes about IIT Chicago-Kent College of Law/ has granted more than $350 million government secrecy, the constitutional Roy C. Palmer Civil Liberties Prize. in fellowships to more than 18,000 separation of powers, and speech and Kitrosser has also written numerous individuals, among whom are scores press freedoms. During the fellowship, law review articles and testified of Nobel laureates, Fields Medalists, she plans to begin work on a new before the U.S. Congress on problems Turing Award winners, poets laureate, book, tentatively titled Dangerous associated with secret laws, and she members of the various national Knowledge: Whistleblowers, Leakers, serves on the boards of the Minnesota academies, winners of the Pulitzer and the Power of Information. Coalition on Government Informa- Prize, and other important, interna- “Professor Kitrosser earned this tion and Public Record Media. tionally recognized figures. From highly prestigious award through A member of the Law School its inception, the foundation has her steadfast commitment to the faculty since 2006, she received her sought to “add to the educational, intellectual rigor and the creativity J.D. from Yale Law School and her literary, artistic, and scientific power of her legal scholarship,” said Garry W. B.A. from University of California, of this country, and also to provide Jenkins, dean of the Law School. Los Angeles. for the cause of better international “The Guggenheim Fellowship The Guggenheim Foundation understanding.” n

law.umn.edu Perspectives FALL 2017 33 FACULTY PERSPECTIVE

FALL 2017 FACULTY WORKS IN PROGRESS

 Faculty Works in Progress (FWIP) OCTOBER 9 Bert Kritzer lectures are held in the Lindquist 5 Gregory Sisk Law School and Vennum Conference Room, University of St. Thomas School Political Struggles Over How States Room 385 from 12:15-1:15 p.m. of Law Select and Retain Judges: When on each Thursday listed below. For Holding the Federal Government and Why Does Change Happen? more information, contact Christa Accountable for Sexual Assault: 16 Ruti G. Teitel Daszkiewicz at [email protected]. Revising the Federal Torts Claim Act New York Law School 12 Arthur B. Markman Righting our Global Wrongs: University of Texas at Austin Presidential Visions of  The Psychology of Behavior Change Historical Justice SEPTEMBER and the Law: Six Ways to Help People 30 Karen Ho 7 William D. Henderson Change University of Minnesota Indiana University Mauer School Commentator: Alexander Rothman College of Liberal Arts of Law University of Minnesota, College From Shareholder Value to Private How Innovation Diffuses in the of Liberal Arts Equity: Finance, Culture, and a Legal Industry 19 Jamal Greene New Age of Inequality 14 Jill Hasday Columbia Law School  Law School A Private Law Court in a Public Law DECEMBER Intimate Lies and the Law System 7 William P. Jones 21 Sarah Seo 26 Rachel Sachs University of Minnesota University of Iowa College of Law Washington University Law College of Liberal Arts The Problem of Traffic with Law- The Uneasy Case for Patent Law Why Do Public Employees

Abiding Citizens  Have, and Why Are They Losing, 28 Richard Painter NOVEMBER Collective Bargaining Rights? Law School 2 Douglass Cassel 14 Myron Orfield The Emoluments Clause and University of Notre Dame Law School Law School President Trump Outlining the Case for Common Law The Rise and Fall of Racial Duty of Care of Business to Exercise Integration in the Citadel of Human Rights Due Diligence Civil Rights

KRITZER AND SHEN RELEASE MAJOR STUDIES

PROFESSOR BERT KRITZER PROFESSOR FRANCIS SHEN released “Polarization in American released two new studies: “Battlefield Politics: Does it Extend to the Federal Casualties and Ballot Box Defeat: Did District Court?” which examines the Bush-Obama Wars Cost Clinton whether there has been a pattern of the White House?” and “Minority increasing political polarization in Mens Rea: Racial Bias and Criminal Professor Bert Kritzer Professor Francis Shen decisions by federal district judges. Mental States.” The former posits a The study, which considered more “significant and meaningful relation- than 115,000 federal court decisions ship” between a community’s rate 2016. The latter examines whether between 1934 and 2014, showed that of military sacrifice and its support implicit racial biases affect jurors in increased polarization has occurred, for President Trump. It empirically the American criminal justice system. and the overall trend largely reflects explores the emerging divide The study suggests that, despite increasing conservatism by appointees between communities whose young common calls for the criminal justice of Republican presidents. The simple people have died in war zones—and system to improve its response to pattern does tend to break down, those whose have not—and finds racial bias, determinations of criminal however, when cases are disaggre- evidence that this divide contributed intent may be made without signifi- gated by subject matter. to Trump’s presidential victory in cant bias. n

34 Perspectives FALL 2017 law.umn.edu FACULTY PERSPECTIVE

FACULTY PROFILE: FIONNUALA NÍ AOLÁIN University Regents Professor Robina Chair in Law, Public Policy, and Society Faculty Director, Human Rights Center

Professor Ní Aoláin joined the Law intellect, experience, temperament, might structurally address it.” School faculty in 2004. She has also and determination to make tremen- Ní Aoláin’s involvement with the taught at Harvard, Columbia, and dous strides toward peace and justice United Nations dates back to 2003, Hebrew University in Jerusalem, in this post.” when she was appointed by the among others, and has received Ní Aoláin’s work is already under- secretary-general as Special Expert numerous academic honors, way. In October, she outlined her on promoting gender equality in including a Fulbright scholarship. priorities to the U.N. General times of conflict and peacemaking. Assembly. At the top of her list is a She also consults regularly with It was a big summer for Fionnuala review of the national security laws U.N. Women and the U.N. High Ní Aoláin. In June, she became the enacted worldwide since 9/11. “There Commissioner for Human Rights, first woman ever appointed U.N. has been an explosion of legal rules as well as the Council of Europe, Special Rapporteur on the and a normalizing of exceptional the U.S. Agency for International Promotion and Protection of Human powers,” she says. “It’s important for Development, and numerous domes- Rights and Fundamental Freedoms the U.N. to examine their effect on tic and international NGOs. while Countering Terrorism. She will legitimate dissent, assembly, and This past year, Ní Aoláin assumed hold the role for three years while speech.” She also will apply a gender leadership of the Law School’s continuing to teach full-time. lens to counterterrorism policies Human Rights Center. “I am She also was named a Regents affecting women around the globe. stepping into a huge footprint left Professor, the highest level of recogni- In the coming year, while provid- by [former HRC head] David tion given to University faculty, and ing expertise to multiple countries, Weissbrodt,” she says. “I want this she capped off the summer with a Ní Aoláin will identify at least two center to engage the depth and trip to Guantánamo Bay, Cuba, to countries where, due to security breadth of our human rights faculty. observe a 9/11 pretrial. challenges or conflict, human rights I want it to be a place where students “Fortunately, this flurry of amazing violations are being committed in the can be both formally and informally activity happened at the end of my name of national security. Upon mentored by faculty, and a supportive sabbatical, so I was rested,” says Ní acceptance of her request, she will place for faculty to have an impact, Aoláin. “When I heard the news meet with the countries’ government a place where they can go for about the U.N. appointment, I was ministers and top leaders. “This research funding.” literally at the airport on my way to position allows me to come in at the Ní Aoláin and colleagues Jennifer a family vacation in Greece. I knew leadership level,” she says. “The Green, Stephen Meili, and the vote was proceeding, but I was countries who agree to this process Christopher Roberts recently still surprised.” agree to provide access to military, received a seed grant to establish a In her new position, Ní Aoláin police, intelligence, and civil society.” Human Rights Laboratory as part is charged with identifying and Ní Aoláin grew up in Na Forbacha, of the HRC. The interdisciplinary promoting best practices on counter- a town of 130 people at the time, in initiative will investigate and model terrorism measures that respect the west of Ireland. She studied law at ways that cutting-edge research can human rights and fundamental Queen’s University of Belfast in be used to reduce inequalities in freedoms, and reporting regularly to Northern Ireland at the height of the human rights. “This is about practical the Human Rights Council and the country’s conflict, earning an LL.B. problem-solving,” Ní Aoláin says. U.N. General Assembly. and Ph.D. “When I was growing up, “We want to provide solutions-based “Fionnuala’s passion for service to human rights wasn’t a career you approaches. This is a completely new the Law School, the University, and chose,” she says. “I was surrounded by idea in human rights that we believe the global community—particularly conflict, so for me, human rights was can have a significant impact.”n its most vulnerable and threatened simply doing the right thing. I wanted members—truly sets her apart,” says to understand what caused violence By Kathy Graves, a writer based Dean Garry W. Jenkins. “She has the … and how people and countries in Minneapolis

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STUDENT PROFILES

When she was 14, the family Democratic Party member at the business suffered a financial setback. Japanese Diet, the country’s bicameral Jang transferred to a public institution legislature. She graduated in March and quickly discovered she also 2016 with a focus on international excelled at mathematics, writing, and law. Her thesis explored the ramifica- languages, including Japanese. She tions of the Foreign Corrupt began her college work at a Korean Practices Act of 1977, a U.S. federal school but enrolled at Waseda anti-bribery law aimed at preventing University in Tokyo after one companies attempting to meddle in semester. government affairs from doing “Learning Japanese wasn’t that business in the United States. difficult,” Jang says. “Both languages “The current corporate compli- YUNJIN JANG have similar grammar.” English, ance program in South Korea is fairly LL.M. CLASS OF 2018 however, isn’t grammatically similar undeveloped and lacks a solid legal to Korean or Japanese. But that didn’t basis,” Jang wrote in her personal YUNJIN JANG’S FIRST LOVE WAS stop Jang from diving into the statement. “It is time for South Korea the flute. The daughter of an entre- language as an undergraduate during to recognize the global anti-corrup- preneur and a jazz pianist, she began a study abroad program at the tion trend and take remedial action.” playing at age six. For years, she University of Pennsylvania in Six months after Jang’s graduation, practiced and performed classical Philadelphia. protests erupted in Seoul after it was pieces, both at home and at a private During her years studying law at revealed that a personal friend of music school she attended in Seoul, Waseda, Jang also interned with then-President Park Guen-hye South Korea. Tsukasa Akimoto, a Liberal influenced her decision-making while

36 Perspectives FALL 2017 law.umn.edu 4 Chief of Staff Jon McClanahan, Dean Jenkins, and 1 LL.M. students 3 Stephen Maier other University leaders en route to shop for 2 PAWS (Pet Away (’18) celebrates welcome students back winter clothing— Your Stress) visits Constitution Day for fall semester on West an annual tradition. the Law School. with James Madison. Bank Plaza.

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in office. She was later impeached. Her creations were giant, plate-sized “There is a back-scratching alliance behemoths of butter, sugar, and between business and government,” chocolate. Jang says. “It helped rapidly develop And since she excelled at science— the country, but now it’s a big Fox was a National Honor Society problem.” and National Hispanic Scholar— During her time at the Law School, her trips to Williams-Sonoma, the Jang plans to learn more about the popular kitchen supply store, were Foreign Corrupt Practices Act and filled with wonder. Unlike most other aspects of international law. other shoppers examining the newest When she’s not studying, Jang relaxes gadgets, she didn’t just daydream by leading yoga classes focused on about plugging them in and creating stress relief and weight loss. To do that, she soaked the coins new recipes. She wondered how in zinc and sodium hydroxide to they worked. turn them silver. Then she heated the So at the University of Notre zinc and copper atoms, thus turning Dame, she loaded up on science ISABEL FOX the pennies a brassy, gold color. “I classes, including physics, microbiol- M.S.P.L. CLASS OF 2018 always thought inventions were ogy, organic chemistry, cell biology, super cool,” she says. fermentation and distillation, and AS A CHILD IN RURAL The family seldom dined out. other courses. Earlier this year, she Sacramento, Calif., Isabel Fox loved Her mother, a certified public earned her bachelor’s degree in tinkering with her surroundings. The accountant who chose to stay at science-business from Notre Dame. inquisitive girl constructed a “tornado home and raise Fox and her two For a time, it looked like she might box” for a middle-school science siblings, cooked most meals. Fox soon pursue a career in health administra- project (it involved dry ice and a fan), picked up the skill. In high school, tion. But internships at a U.S. dreamed up a 2-in-1 shampoo/ she enjoyed baking oatmeal chocolate Department of Veterans Affairs conditioner bottle, and scientifically chip cookies for students celebrating hospital in Sacramento failed to altered the colors of pennies. birthdays. But not just any cookies. capture her imagination. CONT >

law.umn.edu Perspectives FALL 2017 37 STUDENT PERSPECTIVE

< CONT However, a business law course did. enrolled at the time. And as a practical That undergraduate course sparked matter, Conlin couldn’t really an interest in working as a patent imagine living anywhere else. Her agent. To Fox, the Law School’s love of Minnesota runs deep. “It’s Master of Science in Patent Law the best place in the world,” she says. program seemed like the perfect way “I love the Twin Cities. I love to help inventors bring their products Minneapolis.” to market. Conlin has thrived at the Law “It’s a really cool way to work with School, earning a spot on the dean’s people who have a creative mind,” list. She’s a member of the National she says. “I like science enough that I Moot Court Competition Team, want to stick with it and keep science tutors students in legal writing, and in my life.” serves as student director of the Civil Practice Clinic. As part of that clinic, On the day students moved into she worked on a divorce case, an dorms, he signed up nearly 100 unemployment benefits appeal, and a voters, which impressed the Obama debt collection case. team. They offered him a stipend to Conlin credits Professor Laura keep up the work. Ufkin seized the Thomas, who directs the clinical opportunity and gave up plans to program, for empowering students to become a teacher. After graduating take charge of cases and engage in with a history degree in 2009, he experiential learning. “It’s been my landed an internship at the White favorite part of the Law School,” she House Office of Legislative Affairs. says. “I knew it would be a lot of work Although he worked in the East and take a lot of time, but I didn’t Wing, not the West Wing where the know it would be so much fun.” president labors, he did see Obama in Conlin’s clinical experience the hallway one day. ERIN CONLIN boosted her confidence as a summer In 2012, he returned to Mankato CLASS OF 2018 associate working in the trial and and began volunteering on the employment departments at Briggs re-election campaign of Rep. Tim ERIN CONLIN’S PARENTS FELL IN and Morgan. After graduation in Walz, the Democrat who represents love at the Law School. As students, 2018, she’ll begin work at the Minnesota’s 1st Congressional Kathleen Marron (’82) and Thomas Minneapolis-based firm as a civil District, which spans the state’s Conlin (’82) got to know each other litigator. southern border. Several months while playing intramural softball. later, Walz hired him. “I stuck around They got married, had kids, and, for long enough and they paid me,” years, worked at the same firm. On Ufkin jokes. weekends, they brought Conlin and TONY UFKIN Ufkin’s first job with Walz was her brother to the office. CLASS OF 2019 as press secretary. Later, he was As the adults labored over briefs, promoted to communications the kids whipped Super Balls off walls AS A BOY GROWING UP IN director. He learned a lot about and pushed Slinkys down the stairs. Minneota, Minn., a small prairie town issues that affected farmers and That experience turned out to be near the South Dakota border, Tony veterans, two areas Walz focused on. more than just good fun for Conlin. Ufkin didn’t give politics much In 2015, he joined U.S. Senator Amy As a communications major at thought. He swept floors and Klobuchar’s staff as a deputy chief. Boston College, she enrolled in a delivered sofas at his parents’ furniture A year later, he switched gears and media law class, liked it, and began to store and built dirt-bike tracks near enrolled at the Law School. One think seriously about a law career. the cornfields behind his house. of his favorite classes during his After earning her undergraduate Then, in 2008, he noticed that 1L year was civil procedure, taught degree, she signed on as a paralegal at the man he’d seen on television by Professor Mitchell E. Zamoff. a Boston firm. four years earlier was running for “He had lots of energy, was super “I wanted to make sure I wanted to president. He’d watched Barack smart, and made it understandable,” do it,” she says. Obama’s keynote address at the Ufkin says. The experience solidified her 2004 Democratic National This semester, Ufkin is leading a resolve. Unsurprisingly, the Law Convention and been impressed. structured study group for 1Ls taking School was her top choice. Not only So he volunteered to register voters that course. He’s also a new staffer at were her Mom and Dad alums, her on his college campus at Minnesota the Minnesota Law Review. Although brother—Riley Conlin (’16)—was State University, Mankato. he’s not sure what type of law he’ll

38 Perspectives FALL 2017 law.umn.edu STUDENT PERSPECTIVE

practice after graduation, he doesn’t an individual I was committed to that plan to run for office or work as a kind of sacrifice.” After basic training, paid campaign staffer. his unit was sent to Afghanistan— “I went to law school to be a twice. During that second tour of lawyer,” he says. “I didn’t go to law duty, Flaa’s platoon leader stepped on school to go into politics.” a roadside bomb and severely injured his legs. Flaa was promoted to corporal on the spot. He survived the war and returned GABRIEL FLAA home to St. Paul, but not without CLASS OF 2020 mental scars. Talking to his father helped. So did studying. He zoomed GABRIEL FLAA IS DRIVEN BY through his undergraduate work at purpose. It’s why he joined the U.S. the University of St. Thomas in three lawyer,” he says. Marine Corps just days after graduat- years, sometimes taking as many as 24 Flaa, who is married and the father ing from high school. It’s why he credits in a semester. Somehow, he of a baby boy, isn’t sure what type of finished college in three years. And also found time to intern at the law he’ll practice. Among the it’s why he quit a cushy corporate job Citizen’s League, diving into local possibilities: criminal defense and in favor of reading legal tomes for public policy issues. international law. At St. Thomas, he three years. Says Flaa, “I was already used to not studied Mandarin Chinese and Flaa grew up on St. Paul’s East Side, sleeping much, so I said to myself, enjoyed it. the son of a warehouse worker and a ‘Let’s do this.’” No matter his path, it’s clear house cleaner. As a high school senior, After graduating with a bachelor’s Flaa’s career will be purpose-driven. he found himself watching YouTube degree in political science, Flaa took a “I’ve always wanted to help people,” videos produced by the U.S. Marine job at an insurance company, examin- he says. n Corps. The images of sacrifice ing legal contracts. Cubicle life didn’t “tugged at my heartstrings,” he says. suit him. The job lacked purpose. So By Todd Melby, a freelance writer So he enlisted. “I didn’t necessarily Flaa took the LSAT and scored well. and radio producer based in agree with the war,” he says, “but as “Since I was 10, I wanted to be a Minneapolis

STUDENT NEWS

ABIGAIL HENCHECK (’19) his life to AWARDED HUMAN RIGHTS advocating FELLOWSHIP for justice and This fall, second-year Law School peace around student Abigail Hencheck (’19) the world. was selected to receive a 2017-18 As a Ferencz Benjamin B. Ferencz Fellowship in Fellow, Hencheck Human Rights and Law. The fellow- will work on legislation to address ship, which is awarded by World gender discrimination Without Genocide, an organization and violence at local, state, national, Minnesota Law students based at Mitchell Hamline School of and international levels. “I am (left to right) Toni Ojoyeyi (’19), Law in St. Paul, is named in honor of so thankful to World Without Jonathan Jones (’18), and Bailey international human rights advocate Genocide and Benjamin Ferencz Metzger (’18)—with Professor Benjamin B. Ferencz. Ferencz, 97, for this incredible opportunity,” Jennie Green—have been prosecuted members of the Nazi said Hencheck. “Being able to see working on a policy paper on Einsatzgruppen—mobile killing firsthand the work that goes into the right to remedy for Amnesty squads responsible for the deaths advocating for women’s rights is International in a case heard at of more than a million Jews during an invaluable experience. For me, the United States Supreme the Holocaust—at trials in fighting for positive change in my Court earlier this month. Nuremberg, Germany, in 1947, community is what law school is all receiving convictions for every one about. I can’t imagine a more fitting of the accused. He has dedicated way to live out my passion.” n

law.umn.edu Perspectives FALL 2017 39 STUDENT PERSPECTIVE

esentin te eat TORT T.I.C.K.E.T.* CONTEST

*TESTING INHERENT COMPREHENSIVE KNOWLEDGE OF EVERYTHING TORT!

5-6 photos

1 2 3 4 5

Take this name-that-show quiz and win two free tickets to TORT’s Top Gunner, to be staged April 6 and 7, 2018, at the Ted Mann Concert Hall. The first two people to submit correct answers will each win a pair of tickets. Email entries to [email protected]. Good luck!

Question 1: Question 2: Question 3: Question 4: Question 5: At a law school This 2012 This show was Here’s a ______This troublesome far, far away, this production a monstrous for you! twosome hatched production took commemorated success. a plan to put the stage. the opening of on a TORT show a whole new guaranteed to flop. restaurant and bar in the 7 Corners neighborhood.

The year is 1986. With the Law School mock trial team headed for nationals, two competitors—Maverick, the loose cannon, and Iceman, the straight arrow— are destined to clash. Who will be the Top Gunner and bring gold to the U of M?

40 Perspectives FALL 2017 law.umn.edu STUDENT PERSPECTIVE

CHRIS CONWAY (’19): LOCKING IN CAREER PLANS FOR THREE MONTHS THIS PAST says. “It was a way to feel connected summer, Chris Conway worked to my culture.” alongside homicide prosecutors in At American University in the Kings County (Brooklyn, N.Y.) Washington, D.C., he shifted gears, District Attorney’s Office. As a law majoring in political science and clerk, he compiled evidence, listened justice. He found a constitutional to victim impact statements, and law class especially engaging and watched trials. began thinking about a law career. The experience crystallized a desire After graduation, he conducted about to pursue a career in criminal law. 300 investigations over three years made from inside Rikers Island, New “It feels meaningful in a way that for the Civilian Complaint Review York City’s biggest jail (all such calls other forms of law do not,” Conway Board, a New York City agency are recorded and admissible in court). says. “These are issues of life and that delves into accusations of He wanted to know whether the death. You feel you can do good in police brutality. inmate’s statements contradicted the world and make a difference in That work solidified his desire to those he made to police. people’s lives.” study law. And this summer’s experi- The biggest motivation for The summer internship also ence inspired him to become a Conway was listening to the sorrow served as a homecoming of sorts prosecutor. “The people I worked victims’ families expressed in closed- for Conway. He grew up in nearby with enjoyed their jobs,” he says. door meetings. “There’s an outcry for Ridgefield Park, N.J., playing the “They enjoyed getting up and going justice,” he says. “Some people feel piano, accordion, and tin whistle. to work and making society better.” society doesn’t care about them. I His parents taught at an Irish dance Conway also felt gratified by the want to break that. The law should be school and he competed at the work he did. For a case involving blind to the status of the victim.” n Music Festival of Ireland. the beating death of a man, Conway “I loved playing Irish music,” he monitored dozens of calls a defendant By Todd Melby

J.J. PRISTANSKI (’19): SKATING WITH THE SHARKS

IT’S A TRUISM THAT CANADIAN University in Ottawa, he chose the parents start kids skating as toddlers. Law School because of its excellent Still, it happened to J.J. Pristanski. reputation and, truth be told, “I was on the ice at three for sure,” Minnesota’s near-Canadian-level he says. love of hockey and winter. He Pristanski grew up in Ottawa within thought a U.S. school might help walking distance of two outdoor him access gigs with one of the rinks and spent many winter nights dozens of MLB, NFL, NBA, and competing in pickup hockey games. NHL teams based in America. In college, he played goalie for the This summer, Pristanski’s bet we liked it,” he says. And he loved it. Ottawa West Golden Knights, a junior paid off. He snared an internship Says Pristanski, “It was so fun to league squad. Knowing he wasn’t with the San Jose Sharks, one of the show up at the rink every day.” talented enough to play professionally, NHL’s most successful franchises. As a 2L, he’s enrolled in an array he quit after his sophomore year to Once he arrived in the California of business law classes—including concentrate on his studies. city, he noticed businesses sporting contract drafting and business “I had a blast,” he says of his “This Is Sharks Territory” signs. associations/corporations—that will time deflecting pucks. “But it was For his part, Pristanski spent most help him prepare for a sports-related a good move to focus 100 percent of his time with the team drafting legal career. “I want to pursue it,” he on school.” sponsorship contracts and conducting says. “I’m not applying to law firms.” A couple of undergraduate law legal research that touched on When he’s not studying, classes inspired him to take the LSAT. trademarks, copyright, contracts, Pristanski—you guessed it—skates And since hockey still excited him, and employment law. with the Fighting Mondales, the law Pristanski hoped a law degree might “As students, we were encouraged school’s intramural hockey team. n lead to an off-the-ice sports career. to choose an internship we were After graduating from Carleton passionate about so we could see if By Todd Melby

law.umn.edu Perspectives FALL 2017 41 ALUMNI

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ALUMNI PROFILES

they had been duped by the client Association of Professional into assisting in a fraud. The article Responsibility Lawyers. attracted attention, the argument His career at Bassford Remele gained traction, and, in 1985, the would span 35 years, until his Minnesota Supreme Court adopted retirement in 2015, when he Lundberg’s argument by incorporating launched a new professional phase as it into Professional Conduct Rule 1.6. an adjunct professor at the Law By that time, Lundberg had School and founded Lundberg Legal launched a legal career at the Ethics, a consulting firm. Minneapolis law firm now known as At the Law School, he has been Bassford Remele, focusing his work teaching courses on legal ethics and on defending and advising lawyers in malpractice; this past semester, he CHUCKMYRON LUNDBERGH. “MIKE” BRIGHT legal malpractice and legal ethics began teaching a blended course CLASS OF 19781947 matters. At the recommendation of that’s never been taught in Minnesota attorney William Wernz, then director before: Professional Responsibility IN 1977, AROUND THE TIME THE of the Minnesota Lawyers and Legal Malpractice. Law School was moving into its Professional Responsibility Board, His consulting firm, meanwhile, current Mondale Hall home, then-2L Lundberg began serving on the local provides services to attorneys ranging Chuck Lundberg wrote an article for ethics committee, and then on the from quick advice on a short phone the Minnesota Law Review that would Lawyers Board, including six years as consult to retention as an expert launch his career. In it, he argued that board chair. He has since served in witness to representation in disci- lawyers should have greater liberty to leadership roles in national groups, plinary proceedings. “The specialty is disclose client fraud, especially when including as president of the now called the law of lawyering,”

42 Perspectives FALL 2017 law.umn.edu 1 Ben Cooper, Professor Laura Cooper, Olivia 2 Amanda McAllister 3 Samuel L. (’60) and Cooper (’16), Kristen (’17) at Guantanamo Bay Sylvia K. Kaplan at the 4 San Francisco Day Letich (’16) Naval Base, Cuba Kellar Lecture reception of Service

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Lundberg says. “It includes legal looked back.” malpractice and legal ethics.” Today, Pedersen is the chair of the In addition, Lundberg is a frequent patent practice group at Patterson speaker at national conferences Thuente Pedersen in downtown on legal ethics topics and writes Minneapolis, and his career path has a monthly ethics column for not wavered much from the one his Minnesota Lawyer. father envisioned. He has remained “It was a lifelong dream to come consistently focused on patent law— back to the Law School as a profes- but his career has also been character- sor,” Lundberg says. “Some things ized by actual hands-on high-tech have changed, but the pursuit of experience. excellence remains strong.” It started after he got a B.S. degree in electrical engineering from South background and where there were no Dakota State University in 1981. He patent law courses whatsoever. By the BRAD PEDERSEN worked for a Control Data subsidiary time he got his J.D. in 1986, however, CLASS OF 1986 called Magnetic Peripherals, where he things were changing due to the was on a team that built the world’s work of the Federal Circuit, which IN 1976, WHEN BRAD PEDERSEN second one-gigabyte disc drive, Congress had created a few years was a high-school sophomore in which he describes today as “the size earlier to harmonize and improve the Brookings, S.D., his father, Jim, had a of a large refrigerator.” At the same patent legal system. Pedersen was suggestion for him. “He said, ‘You like time, he pulled together scraps from hired as an associate at Gibson, Dunn computers and you like debate. I that project to build his own personal & Crutcher in Los Angeles, where he think you should try to combine the computer—which weighed about launched his career in patent law. two,’” Pedersen recalls. “The combi- 60 pounds. A year later, not enamored of Los nation of the two, of course, is being After three years he followed his Angeles, Pedersen moved back to a patent attorney. So he set me on father’s advice, enrolling at the Law Minneapolis, where he has continued this path when I was just a sopho- School, where he was one of three to apply a heavy dose of hands-on more in high school and I’ve never students in his class with a technical experience to his work. In addition CONT >

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< CONT to his work on behalf of clients, she joined My Sister’s Place, a social Pederson is the CEO of services agency that had just received Bloomington-based QFO Labs, a grant to help immigrant victims of creator of a remote-controlled gaming domestic violence. When the grant drone called the Quad Fighter. He’s expired, she became the organiza- also worked closely with, and written tion’s legal director. applications for, inventors of heart Ahmad stayed at My Sister’s Place defibrillators and the world’s first for 12 years before taking a job as one-gigahertz supercomputer. executive director of the Hudson “I feel that as a patent attorney, I’m Valley Justice Center, an organization much more able to help new entre- that provides a range of legal services preneurs and startups to understand to immigrants and other New the challenges and issues that they’ll rights work and immigration law Yorkers. She stayed there for two go through,” he says. were my passion,” recalls Ahmad, years before joining Her Justice. Pedersen is a member of the whose parents emigrated to the In her new job, Ahmad oversees American Intellectual Property Law U.S. from Pakistan when she was a 13-lawyer staff and a broad-based Association and frequently returns a young child. “So that’s what I volunteer program that enlists the pro to the Law School to talk with pursued after graduation.” bono services of lawyers working in students about patent-law issues Ahmad’s career since then has 32 partner law firms plus dozens more. and potential careers. remained consistently on course. Although Her Justice doesn’t focus In early 2017, she became the legal on immigration law per se, many director of Her Justice, a New York of the firm’s clients are immigrants HAMRA AHMAD City nonprofit that provides pro who have been facing increased CLASS OF 2000 bono legal services to women who uncertainties and risks as the result can’t afford lawyers in Family Court. of policy changes under the Trump BY THE TIME SHE WAS A 3L AT It’s the fourth organization she’s administration. the Law School, Hamra Ahmad worked for since getting her J.D. “It’s a very challenging time,” was certain of the career path she Following law school, Ahmad was Ahmad says. “There’s more of an intended to follow. The immigration a staff attorney working on a newly ICE [U.S. Immigration and Customs law course she had taken as a 2L, launched project at the Legal Aid Enforcement] presence in family coupled with her work in the school’s Society of Minneapolis to assist courts, and that’s affecting our clients, Asylum Clinic during her second Somali and Ethiopian immigrants. who are fearful of going to family and third years, had made a lasting After two years, Ahmad and her court to file petitions.” impression. “I realized that human husband moved to New York, where It’s also added to the workload, she

ALUMNI NEWS AND AWARDS

ANDREA WALSH nonprofit with 1,700 physicians, corporate counsel and more (’88) NAMED CEO OF seven hospitals, 55 primary care recently as chief marketing officer. HEALTHPARTNERS clinics, 23 urgent care clinics, Ruth Mickelsen, chair of the and numerous specialty care HealthPartners board of directors, clinics. Walsh replaced Mary said the Law School graduate Brainerd, the previous CEO, “has deep experience and will who retired in June. capably lead HealthPartners as “I’ve been fortunate to work its next president and CEO. The closely with Mary for much of my organization is positioned well career,” said Walsh. “I look forward for the future.” to leading HealthPartners and Revenue at HealthPartners continuing our focus on providing topped $5.7 billion in 2015, more the best and most affordable care than triple its revenue in 2002. and coverage for our patients, Walsh is a native of Rochester, members, and the community.” Minn. Her father, grandfather, and Andrea Walsh (’88) was named Walsh has worked for two great-grandfather worked as chief executive officer of decades at HealthPartners, first physicians, and she previously HealthPartners, a Minnesota-based as senior vice president and served as assistant commissioner

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says, because the volunteer lawyers “As an attorney myself who has She left the Helgen firm in 2011 to need guidance and advice on how to had a nontraditional career, it brings become the director of career and deal with clients who are afraid to into focus the fact that Minnesota professional development at the proceed with their cases. Women Lawyers is not a one-size- University of St. Thomas School of The job is demanding, but Ahmad fits-all,” she says. “Many of us have Law, where she stayed for three years says she loves it. career paths that are different than until taking a job as executive “It’s an interesting and varied traditional practice.” director of the Twin Cities office of spectrum of work and I enjoy that,” Brodin need look no further than Special Counsel, a legal staffing she says. “I’m really happy and proud her own career to provide a good agency. In 2016, she joined the law to be where I am.” example. Since receiving her J.D. in firm of Merchant & Gould as the 2003, Brodin has worn many hats. client development manager in its She has practiced law, held adminis- Minneapolis office, and in October trative positions in nonprofit and 2017 she started a new job as director academic settings, worked as an of lawyer talent at Briggs and Morgan executive coach, and, most recently, in downtown Minneapolis, oversee- worked for law firms as a client ing the firm’s lawyer recruiting and developer and lawyer recruiter. associate training and development. She began her career in traditional Brodin says that she enjoyed fashion, as an attorney in the Coon practicing law, but has found that her Rapids, Minn., law firm Helgen & true professional practice is helping Helgen. She would remain there for the people who practice law. She also more than seven years, working wants other women lawyers in mostly part-time as she raised Minnesota who have followed similar KENDRA BRODIN children and served as administrative nontraditional courses to know that CLASS OF 2003 director of the Plymouth Center, a the 1,300-member Minnesota nonprofit regional organization Women Lawyers welcomes them. KENDRA BRODIN ASSUMED THE connected to her church. In 2007, she “We want it to feel like a place presidency of Minnesota Women took on a new role as a consultant, where every woman attorney in the Lawyers on July 1 with an expansive providing professional development state of Minnesota can find value and theme: “Welcome to the Big Tent.” and career development coaching to community,” she says. “It’s not The theme, Brodin explained individuals and guidance on strategic exclusive in any way.” n recently, is meant to suggest that for planning for nonprofits and law firms, women lawyers in Minnesota, the a side venture that she continued for By Dick Dahl, a freelance writer/ legal profession can mean many things. another nine years. editor based in St. Paul

at the Minnesota Department of commitment to public service” Health. Before attending the Law and said, “Minnesotans will be well School, she earned business and served by her sound judgment English degrees at the University and legal expertise.” of Kansas. At the time of her appointment, Maher was a shareholder at JESSICA J.W. MAHER (’99) Minneapolis-based Berg, Debele, APPOINTED JUDGE IN DeSmidt & Rabuse. Previously, she MINNESOTA’S 1ST DISTRICT clerked for Judge Gary Crippen, Minnesota Governor Mark Dayton Minnesota Court of Appeals, and appointed Jessica J.W. Maher (’99) in the Office of the General to serve as a district judge in the Counsel at the University of Committee, is vice chair of the state’s 1st Judicial District, which Minnesota. Before attending the Hennepin County Bar Association encompasses Carver, Dakota, Law School, Maher earned her Juvenile Section, is an American Goodhue, Le Sueur, McLeod, B.S. from Minnesota State Academy of Adoption Attorneys Scott, and Sibley counties. In University Mankato. She serves fellow, and is a founding member making the appointment, Dayton on the Minnesota Supreme Court of the local chapter of a charitable CONT > praised Maher for her “exceptional Juvenile Protection Procedure group. CONT >

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ALUMNI NEWS AND AWARDS

< CONT SHAN C. WANG (’02) ALEIDA ORTEGA APPOINTED JUDGE IN CONNERS (’13) NAMED MINNESOTA’S 7TH DISTRICT PRESIDENT-ELECT OF THE MINNESOTA HISPANIC BAR ASSOCIATION

Starr, a judge on Minnesota’s 2nd Judicial District bench since 2015, has been actively involved in human rights, diversity, and Minnesota Governor Mark Dayton inclusion issues at local, national, appointed Shan C. Wang (’02) to and international levels for many serve as a district judge in the years. Locally, she has organized Aleida Ortega Conners (’13) was state’s 7th Judicial District, which tours of law offices for students named president-elect of the encompasses Becker, Benton, Clay, of color. She served as vice chair Minnesota Hispanic Bar Association, Douglas, Mille Lacs, Morrison, Otter of the St. Paul Human Rights which was founded in 1991 to Tail, Stearns, Todd, and Wadena Commission from 2005 to 2010 organize Hispanic attorneys, judges, Counties. In making the appoint- and has been a legal consultant law students, and other concerned ment, Dayton praised Wang for the for the Indian Child Welfare members of the Hispanic commu- “diverse professional and volunteer Center. nity into a force for professional and experience he will bring to this Starr served as president of community benefit. Conners is an important role.” the Minnesota Asian Pacific associate with the Minneapolis law Wang had been assistant chief of American Bar Association in 2009 firm of Fredrikson & Byron, where the Criminal Division in the Stearns and on the Minnesota State Bar she specializes in corporate law and County Attorney’s Office, where he Association Assembly from 2005 helping businesses expand into supervised the adult criminal to 2008. She was a volunteer with Latin American markets. Her MHBA division. Previously, he was an the Lambda Legal Defense Fund term will extend through 2018. assistant Stearns County attorney from 2001 to 2011. She also was a Conners has been an active and clerked for Judge Regina M. member of the Twin Cities-based member of MHBA since 2011. She Chu. Before attending the Law PFund Racial Equity Initiative has served on the MHBA board of School, Wang earned his B.A. from Leadership Program. directors for three consecutive Chicago State University. He is In addition to her service to terms, most recently as vice president of the St. Cloud Public the local community, Starr has president. During that time, Conners Library Board of Trustees, serves on made an impact on national and worked with MHBA members to the board of directors of the international human rights. In 2013, prepare a winning bid package to Stearns-Benton Bar Association, is a she was a legislative fellow with host the 2020 Hispanic National Bar member of the Minnesota Asian Partners of the Americas in Haiti. Association annual convention in Pacific American Bar Association, In 2010, through Rotary International, Minneapolis. Since 2013, she has and is a past president of the John she participated in a group study been a volunteer attorney for E. Simonett American Inn of Court. exchange in India in which she Volunteer Lawyers Network Spanish examined the Indian legal system Legal Services. Conners is also a JUDGE NICOLE STARR and presented to professionals professional development commit- (’03) RECEIVES RAMSEY throughout the southwestern part tee member of Twin Cities Diversity COUNTY BAR ASSOCIATION of the country. In the early 2000s, in Practice, a nonprofit whose DIVERSITY AWARD she served as a judicial law clerk mission is to create an inclusive The Ramsey County Bar Association in the Constitutional Court of legal community that strengthens presented Judge Nicole Starr (’03) South Africa and worked for the the efforts of member organizations with its 2017 Excellence in Diversity country’s Institute for Democracy to attract, recruit, advance, and Award in a ceremony held May 16. as well. retain attorneys of color. n

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PAUL G. FEINMAN (’85) APPOINTED TO NEW YORK COURT OF APPEALS PAUL G. FEINMAN (’85) WAS before Judge Angela Mazzarelli, unanimously confirmed in June whose work he admired so much as a judge on the New York Court that he became her law clerk. “I of Appeals after serving two decades began to realize that a judge, in many in the state’s intermediate appellate instances, particularly in trial courts, and criminal and civil trial courts. is someone who has a great deal Yet back in law school, he says, of sway over how a case takes “if someone had told me I would shape and progresses. Juries have be a judge, I would have laughed.” the ultimate say, but judges often Public service was his goal, affect results.” they have greater faith in that however, and a judicial externship Described by colleagues as decision-making,” he says. “And with Minnesota Court of Appeals thoughtful, approachable, keenly sometimes we make progress.” Judge Susanne C. Sedgwick analytical, and funny, Feinman is the What is most exciting about influenced his path. “She was very first openly gay jurist on New York’s his new role, he says, “is how this encouraging,” he recalls. “We worked highest court. He’s had no special court sets precedents for the entire on a case in which she chose to role in highlighting LGBT issues state. We help answer questions that dissent, which was important to as a litigator or judge, although his haven’t been decided yet, and we learn and has played a role through- activism in LGBT organizations is do sometimes decide policy. On the out my judicial career. It was also longstanding. “It doesn’t change flip side, as the court of last resort, my first exposure to how courts how I decide cases, but it is important what we say is final. operate on the inside.” for the community to the extent “That is a tremendous responsibil- Feinman began to see a judicial that courts and government rely ity,” Feinman adds. “I am very, very career as possible during stints as on the buy-in of the citizenry. humbled by the whole endeavor.” n a public defender and trial lawyer When people see themselves reflected in Manhattan. He often appeared back in the people making decisions, By Cathy Madison

MINNEAPOLIS NAMES MIDDLE SCHOOL FOR ALAN PAGE (’78) DISTINGUISHED (AND ATHLETIC) study Minnesota history in sixth alumni such as Alan Page (’78) grade, have frequently objected to the seldom get blindsided. Accolades legacy of their school’s namesake. often accompany achievements such (Alexander Ramsey, Minnesota’s as becoming the first African- governor during the U.S.-Dakota War American justice elected to the of 1862 and the subsequent hanging Minnesota Supreme Court, being of 38 Dakota men, called for the inducted into the Pro Football Hall extermination of thousands of Dakota of Fame, and handing out more than and Sioux Indians.) Last year’s 6,750 Page Education Foundation students didn’t just object; they Prince. It was a student-driven scholarships. But the honor of having researched the name-change process, process, and his name was by far the his name attached to the former held community meetings, raised most recognizable on the list,” he says. Alexander Ramsey Middle School more than $17,000 to cover signage The students also chose to use caught Page by surprise. and record costs, and produced a list Justice rather than Alan, a selection Justice Page Middle School was of potential candidates. Page applauds. “To me, that adds formally dedicated in Minneapolis on “In a sense, this process validates special significance and meaning. As Sept. 1. “It came absolutely out of the things I believe in, and what I [late Law School professor] Don nowhere,” says Page, who had no have sought to accomplish in the area Marshall used to say, ‘Never whisper prior connection to the 86-year-old of education,” says Page, citing the justice.’ Their entire process was about school. “It would never have occurred diligence required to navigate a justice,” says Page. “It is indeed a to me. It’s not the kind of thing you complex system and effect change. “It singular honor. My sense is that go out and seek.” wasn’t as though I thought I’d be the having a school named after you is a Asked in early 2017 if he would one.” pretty rare thing—for anybody.” n agree to be considered, Page says he In fact, their choice caught him off didn’t hesitate. Ramsey students, who guard. “Among those names was By Cathy Madison

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WE  TORT SAVE THE DATE: FEB. 15, 2018

MARK YOUR CALENDAR AND WATCH FOR YOUR INVITATION!

Calling all TORT alumni and current cast! Show your love of TORT by joining fellow tortfeasors past and present. Celebrate your passion for judicial singing and legal drama! Share your fond memories and battle scars with the current cast. Those with TORT in their hearts will not want to miss out!

APRIL 20–22, 2018

SAVE THE DATES FOR SPRING ALUMNI WEEKEND: APRIL 20-22, 2018. DETAILS ABOUT THE WEEKEND WILL BE POSTED AS THEY ARE AVAILABLE THIS WINTER ONLINE AT Z.UMN.EDU/SAW18.

WE WILL BE CELEBRATING MILESTONE CLASS REUNIONS FOR THE CLASSES OF 1968, 1973, 1978, 1983, 1988, 1993, 1998, 2003, 2008, 2013, AND 2017.

NEW THIS YEAR: WE ARE INVITING ALL CLASSES OF 1968 AND EARLIER TO ATTEND A SUNDAY BRUNCH.

IF YOU HAVE QUESTIONS, PLEASE CONTACT ELISSA CHAFFEE, DIRECTOR OF ALUMNI RELATIONS, AT [email protected] OR (612) 626-8671.

Spring Alumni Weekend is about returning to remember your years at the Law School and the friendships you built here. We hope you will be able to attend to celebrate and to reconnect with the Law School. We look forward to seeing you in April!

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YOUR GIFT MATTERS!

The Partners in Excellence Annual Fund leverages the power of literally thousands of gifts of all sizes and the support of our alumni making a real difference in the life of the “I SUPPORT THE UNIVERSITY OF Law School and our students. MINNESOTA LAW SCHOOL EACH YEAR BECAUSE I AM GRATEFUL FOR THE SCHOLARSHIPS I RECEIVED AS A STUDENT AND WANT TO WE NEED YOUR HELP! PAY IT FORWARD TO FUTURE GENERATIONS. PLEASE JOIN ME Did you know that state funding IN HELPING THE LAW SCHOOL accounts for just a fraction of the INCREASE THE NUMBER OF ANNUAL FUND SUPPORTERS THIS YEAR. Law School’s budget? Let’s set the OUR COLLECTIVE IMPACT WILL bar high and increase alumni giving BE FELT ACROSS THE SCHOOL IN this year! AREAS SUCH AS SCHOLARSHIP SUPPORT, CAREER SERVICES, AND CUTTING-EDGE INSTRUCTION.” To make a gift, visit give.umn.edu/lawschool Danyll W. Foix (’88) 2017-18 Partners in Excellence national chair

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CLASS NOTES NEWS ABOUT YOUR CLASSMATES AND COLLEAGUES

SEND US YOUR NEWS Your classmates and the Law School would love to know what important things are going on in your life, and we welcome your submissions for the Class Notes section of Perspectives. To be included in the next issue, your items must reach us by March 1, 2018. Submit your news via email at [email protected], or via mail to the Office of Advancement, Suite 321, University of Minnesota Law School, 229 19th Ave. S., Minneapolis, MN 55455. We look forward to hearing from you, and thanks for keeping in touch!

1967 1973 1980 James Stewart of Fryberger, Buchanan, Smith & Alan Eidsness of Mary Foarde joined Stinson Leonard Street in Frederick in Duluth, Minn., was named a 2017 Minnesota Henson & Efron in Minneapolis as a partner in the firm’s health law Super Lawyer by Super Lawyers magazine. Minneapolis has been practice. Previously, she was general counsel for ranked by Super Lawyers Allina Health. Thomas Thibodeau magazine as one of the of Thibodeau, Johnson top 100 attorneys in 1981 & Feriancek in Duluth, Minnesota for 2017. He was also recognized by Gregory Fontaine joined Stoel Rives in Minneapolis Minn., has been ranked The Best Lawyers in America for 2018. as a partner in the firm’s environmental, land use, by Super Lawyers magazine and natural resources group. as one of the top 100 1975 attorneys in Minnesota for 2017. In addition, he has Kathryn Baerwald was awarded the Alumni Service 1983 been honored by the Wisconsin and Minnesota state Award by Valparaiso University. Stephen Gabrielson was chosen by the Expert Network bar associations. as a distinguished lawyer, based on peer reviews and 1976 ratings as well as achievement throughout his career. 1969 Stuart Gibson has joined the Washington, D.C., office of The Expert Network is an invitation-only service for Joseph Dixon of Henson Schiff Hardin as tax counsel. He is a former editor of Tax distinguished professionals. & Efron in Minneapolis Notes International and a former attorney at the U.S. was named a 2017 Department of Justice and the IRS. Arne Sorenson spoke Minnesota Super Lawyer at the Washington College by Super Lawyers 1977 Convocation and received magazine. He was also Judge Edward Cleary was recognized as an outstanding an honorary doctor of recognized by The Best Lawyers in America for 2018. alumnus by the University of Minnesota College of laws degree. He is Liberal Arts. currently president Joe Price, a partner at Faegre Baker Daniels in and CEO of Marriott International Inc. Minneapolis, has been named a Fellow of the American Thomas Shroyer received an honorary membership in College of Trial Lawyers. the Minnesota Society of Certified Public Accountants for 1984 his dedication and contributions to the MNCPA and the Kathryn Graves of 1971 CPA profession. Only four others have been granted Henson & Efron in William Forsyth of honorary membership in the society. Minneapolis was ranked Henson & Efron in by Super Lawyers magazine Minneapolis was named 1978 as one of the top 50 a 2017 Minnesota Super Alan Page, a retired Minnesota Supreme Court justice, women attorneys Lawyer by Super Lawyers received a lifetime achievement award from the in Minnesota for 2017. She was also recognized by magazine. He was also University of Minnesota Office for Equity and Diversity The Best Lawyers in America for 2018. recognized by The Best Lawyers in America for 2018. as part of its Polaris Awards. This award recognizes leaders who provoke change throughout Minnesota Paul Kilgore of Fryberger, Buchanan, Smith & Frederick and who have made extraordinary contributions to in Duluth, Minn., was named a 2017 Minnesota Super equity and diversity. Lawyer by Super Lawyers magazine.

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1985 1987 Scott Neilson of Henson & Efron in Minneapolis was Elizabeth Bransdorfer was elected treasurer of the Gary Debele joined Messerli & Kramer in Minneapolis as named a 2017 Minnesota Super Lawyer by Super Lawyers Family Law Section of the State Bar of Michigan. a shareholder in the family law group. magazine.

Gregory Brooker became the acting United States 1988 Theresa Schulz won the Minneapolis/St. Paul Business attorney for the District of Minnesota. He previously Stephanie Ball of Fryberger, Buchanan, Smith & Journal’s Women in Business Award for 2017. She has served as first assistant U.S. attorney. Frederick in Duluth, Minn., was ranked by Super Lawyers been general counsel at AmeriPride Services since 2016. magazine as one of the top 50 women attorneys in Previously, she was the company’s director of labor Paul Feinman, former associate justice of the Minnesota for 2017. relations and human resources. appellate division of the Supreme Court in Manhattan, was confirmed as a judge on the New York Court Andrea Walsh became the president and CEO of William Stock was of Appeals. He was nominated by New York HealthPartners in Bloomington, Minn. She has been with selected for inclusion in Gov. Andrew Cuomo. HealthPartners since 1994 and has held various Lawdragon’s 2017 Guide to leadership positions. Most Powerful Employment Jeff Saunders rejoined Dorsey & Whitney in Minneapolis Lawyers. He has practiced as of counsel in the firm’s corporate group. 1990 immigration law Deborah Amberg was promoted to chief strategy officer exclusively for more than 20 years, and he is the Patrick Seiter was selected of regulated operations at ALLETE Clean Energy in president of the American Immigration Lawyers Lawyer of the Year in Baton Duluth, Minn., and to president of its subsidiary Superior Association. He participated in AILA’s 2017 annual Rouge, La., in the health Water, Light & Power in nearby Superior, Wis. She joined conference in a strategy session on hot topics with other care law category, in the the company in 1990 as an attorney. AILA national officers and gave a presentation on the 2018 edition of Best Lawyers landscape in practicing immigration law. in America. This is the third Keith Ellison, U.S. representative for Minnesota’s 5th time he has received this recognition for the Congressional District, received the Polaris Award from the Thomas Tuft was honored representation he provides his health care clients. University of Minnesota Office for Equity and Diversity in by Minnesota’s 10th recognition of his work in government and public policy. Judicial District with the Bruce Wojack joined Honorable Robert Varco Pro Northern Trust in Chicago 1991 Bono Award. The award is as senior vice president/ Chad Baruch was a finalist for the presidency of the presented annually to an wealth strategist. State Bar of Texas, along with Joe K. Longley. He is a attorney whose work has shown a strong and shareholder in Johnston Tobey Baruch in Dallas and is long-standing dedication to serving the legal needs of board-certified in civil appellate law. the disadvantaged.

1986 Jim Cownie was appointed deputy chief counsel for the 1994 Benjamin Dille was Minnesota Department of Transportation. Daniel Rosen joined Kluger, Kaplan, Silverman, Katzen & appointed executive Levine. He serves as the partner-in-charge of the firm’s director of the U.S. 1992 Minneapolis office. Department of State’s Patricia Beety was appointed general counsel of the Bureau of African League of Minnesota Cities board of directors. 1995 Affairs. His Washington, Debbie Ellingboe of Faegre Baker Daniels in Minneapolis D.C.-based office provides support to 47 embassies 1993 received the Minneapolis/St. Paul Business Journal’s in sub-Saharan Africa. He previously ran the Gina DeConcini has joined Women in Business Award for 2017. administration of the U.S. Embassy in Astana, Moss & Barnett in Kazakhstan, and was a visiting professor at George Minneapolis in the firm’s Bruce Gerhardson was named director of regulatory Washington University. business law and mergers, affairs and compliance for Otter Tail Power Company in acquisitions, and corporate Fergus Falls, Minn. Paul Heiring joined Dorsey & Whitney in Minneapolis finance teams. as of counsel in the firm’s trial group. He has more Bethany Owen was promoted to senior vice than 30 years of experience and practices exclusively Lee A. Lastovich has president and chief legal and administrative officer in the area of ERISA litigation and other employee been appointed at ALLETE Clean Energy in Duluth, Minn. She joined benefits disputes. managing principal of the company in 2002 as an attorney and was the Minneapolis office promoted to senior attorney in 2004. She has worked David Johanson was named a Lifetime Achiever by of Jackson Lewis. His on a number of strategic generation, transmission, Marquis Who’s Who, the world’s premier publisher of practice focuses on and business development initiatives across the biographical profiles. employment defense litigation. ALLETE organization.

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CLASS NOTES

< CONT 1996 Jason Lien is a new the community for her pro bono work on a domestic Joseph Selbka joined Pluymert, MacDonald, Hargrove & member of the governance abuse case. She was also the winner of the 2010 Greater Lee in suburban Chicago as an attorney. committee at Maslon in Brandon (Fla.) Chamber of Commerce Small Business of Minneapolis. His litigation the Year Award in the Minority and Women Business Keiko Sugisaka of Maslon in Minneapolis received the practice focuses on category. Minneapolis/St. Paul Business Journal’s Women in representing clients from Business Award for 2017. the construction, real estate, and financial services 2001 industries. Katie Aune was appointed the development director at 1998 Reporters Committee for Freedom of the Press in Saud Al-Muraished has joined King Abdullah Petroleum Clara J. Ohr has joined East Coast Power & Gas in New Washington, D.C. In this role, she will lead fundraising Studies and Research Center in Riyadh, Saudi Arabia, as York. She will be acting as general counsel for the efforts and help build relationships with foundation, senior legal counsel. KAPSARC was founded as a energy service company. corporate, and individual supporters. nonprofit global institution for independent research into the economics of energy in order to contribute to Liwanag Ojala received the Minneapolis/St. Paul Business Joseph Ortiz, a partner at Best Best & Krieger in societal well-being and prosperity. Journal’s Women in Business Award for 2017. Ojala has Riverside, Calif., has been appointed to the California been the CEO of CaringBridge, a global nonprofit social Fair Employment and Housing Council. Nicole Johnson-Hoffman has been elected vice network, since 2016. president of the Global Roundtable for Sustainable Beef. 2002 Rinky Parwani was honored by the Florida 13th Judicial John Boelter has rejoined Mayer Brown in New York as a Circuit Pro Bono Committee for exceptional service to partner in its corporate and securities practice.

OCTOBER 14, 2017 UNIVERSITY OF MINNESOTA DAY OF SERVICE

More than 300 University of Minnesota alumni, students, and friends participated in the U of M Day of Service at sites in the Twin Cities and nationwide. The Law School was well represented with volunteers and organizers.

The Law School hosted two sites in the Twin Cities: painting at Southern Minnesota Legal Services and a cleanup with 1 2 the Mississippi Park Connection.

1 Jennifer Ciresi (’07), a Bay Area alumni ambassador, led the volunteers at St. Anthony’s Foundation in San Francisco. 2 Kenzie Gerber (’20), Kendra Fleming, Caleb Smith (faculty), Caroline Sell (’20), and Emily Thornton (’20) painting at Southern Minnesota Legal Services 3 3 Lauren Bergstrom (’13), middle, with UMN alumni in New York 4 1L students joined Professors John Matheson and Jessica Clarke for a fall cleanup at Coldwater Spring Park in Minneapolis.

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CLASS NOTES

Nate LaCoursiere has received the 20 Under 40 Award NFL Players Association. He is one of fewer than 2004 from the Duluth News Tribune. The annual award goes 800 certified agents. Catherine Berryman joined to local leaders who are recognized as young the Philadelphia office of “do-gooders” in the Duluth, Minn., community. Rebecca Bernhard Chamberlain, Hrdlicka, was named diversity White, Williams & Aughtry Margaux Soeffker was named a Minnesota Rising Star co-chair at Dorsey & as senior counsel. She for 2017 by Super Lawyers magazine. She practices family Whitney in Minneapolis. focuses her practice in the law at Terzich & Ort in Maple Grove, Minn. She will oversee the areas of civil and commercial litigation, employment firm’s efforts to law, and education law. Shan Wang has been appointed by Gov. Mark Dayton as promote diversity and inclusion in its offices around a district court judge in Minnesota’s 7th Judicial District. the world. Her practice includes labor and employ- Jaime Driggs of Henson & ment, immigration, federal contract compliance, Efron in Minneapolis was 2003 and audits. named a 2017 Minnesota Court Anderson has been selected as a Minnesota Rising Super Lawyer by Super Star for 2017 by Super Lawyers magazine. He is a litigator Nicole Narotzky was Lawyers magazine. He was with experience in contractual disputes, business torts, appointed to serve as also recognized by The Best employment, construction, and more. co-chair of the litigation Lawyers in America for 2018. practice group at Maslon in Dan Augustyn of Augustyn Law Office in Lincoln, Neb., Minneapolis. Zachary Mushkatel of Mushkatel, Robbins & Becker in has been certified as a contract advisor (agent) for the Phoenix has served as an instructor at the Arizona

OCTOBER 27, 2017 CLASS OF 2017 WELCOME TO THE BAR BREAKFAST

Graduates from the class of 2017, their families, faculty, and staff gathered to celebrate the newest members of the Minnesota Bar before the admissions ceremony at the St. Paul RiverCentre. Assistant Dean of Students Erin Keyes and Amy Seidel (’98), chair of the Law School’s Board of Advisors, congratulated the graduates on their achievements 1 and welcomed them officially to the Minnesota Bar and our alumni community.

1 Hannah Nelson (’17), Roxanne Thorelli (’17), Sanaa Assa (’17), Emily Hendricks (’17) 2,3 Family members and friends gathered to support and salute the newly admitted members of the Minnesota Bar.

2 3

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CLASS NOTES

< CONT College of Trial Advocacy, an intensive five-day Joshua M. Greenfield was promoted to counsel Theresa Bea Halverson joined Messerli & Kramer in workshop that serves as the flagship program of the at Riker Danzig Scherer Hyland & Perretti in Minneapolis as an associate in the family law group. State Bar of Arizona’s Trial Practice Section. Morristown, N.J. He practices in the firm’s real estate group, focusing on complex commerical real estate Joshua P. Oie joined Moss Aleava Sayre has joined Stoel Rives in Minneapolis as a matters. & Barnett in Minneapolis. partner in the firm’s environmental, land use, and His practice focuses on natural resources group. Jessica Johnson has joined Punch & Associates litigation and accountant in Edina, Minn., as a managing partner of the firm law. 2005 and head of the wealth strategies group. She will be Laura Coates is hosting a live, two-hour talk show on involved in all aspects of the design and delivery of SiriusXM. The Laura Coates Show features her analysis of wealth planning services for private clients. Aleida Ortega Connors was the trending news of the day and interviews with named president-elect entertainers, politicians, Washington insiders, and game 2008 of the Minnesota Hispanic changers on the topics of politics, pop culture, and Adam Ballinger was honored by Minneapolis/St. Paul Bar Association. She is an everything in between. Business Journal on its 40 Under 40 list of prominent associate at Fredrikson & leaders. Byron in Minneapolis. Michelle Horovitz, co-founder of Appetite for Change, received the prestigious Jaffee award for AFC’s Jesse Berglund was hired as the city prosecutor for Thomas Pryor joined Faegre Baker Daniels in innovative and successful efforts around grass-roots Eden Prairie, Minn. Minneapolis, helping clients resolve complex community-led food programs in north Minneapolis. commercial disputes. Beth A. Jenson Prouty Bart R. McIlonie has joined Philadelphia-based Steiker, joined Arthur, Chapman, 2014 Greenapple & Fusco. His practice focuses on employee Kettering, Smetak & Pikala Kirk Carter is part of Hall Booth Smith’s new stock ownership plans. in Minneapolis as an Jacksonville, Fla., team. He represents insureds in all attorney. phases of liability litigation. Anne Paape joined Meristem Trust Company in James Castle joined Bowman and Brooke in Minneapolis Minnetonka, Minn., as Amanda Reinitz was selected to be the assistant United as an associate. director of estate planning, States attorney for the Eastern District of Pennsylvania’s vice president, and general criminal division. John A. Sullivan joined counsel. She will work Best & Flanagan in alongside Meristem’s advisory team to provide internal 2009 Minneapolis as an associate expertise in the areas of estate, gift, trust, and wealth Noreen Sedgeman was elected to the board of directors in the firm’s ligitation, transfer. of the Children’s Theatre Company in Minneapolis, the intellectual property, nation’s largest and most acclaimed theater for construction, and Katharine Woomer Deters graduated from Leadership multigenerational audiences. She is currently a employment practice groups. NC, a leadership development program in which leaders corporate attorney at Winthrop & Weinstine in are selected from across North Carolina from a variety of Minneapolis. 2015 sectors, including business and education. She is a staff Caitlinrose Fisher joined attorney at the North Carolina Justice Center in Raleigh. 2011 Greene Espel in She also received the 2017 Gwyneth B. Davis Public Rachel Herder joined the faculty of Penn State Law as Minneapolis as an attorney. Service Award from the North Carolina Association of director of the Intellectual Property Clinic and assistant Women Attorneys. professor of clinical law. 2006 2012 Matthew Krueger was nominated to serve as United Elie Biel joined Faegre Baker Daniels in Minneapolis as 2016 States attorney for the Eastern District of Wisconsin. an associate with the product liability team. Erik Haslam joined Borden, Steinbauer, Krueger & 2007 2013 Knudson in Brainerd, Minn., Andrew Borene won the FBI’s Director’s Award for Peter Doely joined as an associate. His practice Exceptional Service in the Public Interest for coming to Maslon in Minneapolis focuses on family, real the aid of a woman who was being violently assaulted. as an associate in the estate, landlord/tenant, Borene is a Marine combat veteran and current member litigation group. estate planning, and probate law. of the U.S. intelligence community supporting the Intelligence Advanced Research Projects Activity as a Will Orlady joined Fish & Richardson in Minneapolis as senior advisor from Booz Allen Hamilton. an associate. n

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CLASS NOTES

2017 DIVERSITY & INCLUSION 2017 UP & COMING ATTORNEYS HONOREES

These Law School alumni were recognized by Minnesota These Law School alumni were recognized with Minnesota Lawyer as Up & Coming Attorneys, an honor given to Lawyer’s Diversity & Inclusion Award, which honors those lawyers who have distinguished themselves during their in the legal profession that go above and beyond in their first 10 years of practice. The criteria for selection are efforts to create a more diverse and inclusionary community. professional accomplishment, leadership service to the community and the profession, or achievement as Justice Paul Anderson (’68) in-house counsel. Senior Judge Michael J. Davis (’72) Senior Judge Salvador Rosas (’76) Sam Diehl (’01) Justice Alan Page (’78) Melvin Welch (’07) Joan Bibelhausen (’83) Kristin Zinsmaster (’10) Ann Anaya (’93) Melissa Muro LaMere (’12) Robin Ann Williams (’93) Jamie Buskirk (’13) Chang Wang (’06) Kelsey Rae Kelley (’13) Eikoku Ikeno (’14)

FALL 2017 ALUMNI BOOK PUBLICATIONS

TODD M. DAVID JON K. JONATHAN ROBERTA JOHNSON (’79) KEMPSTON (’92) LAUCK (’00) ROSE (’63) WALBURN (’83) Fatal Trust (Bethany That’s Why They From Warm Center Maintenance in Miles Lord: The House Publishers, Call It Practicing to Ragged Edge: Medieval England Maverick Judge 2017) Law (Self-published, The Erosion of Mid- (Cambridge Who Brought 2017) western Literary and University Press, Corporate America Historical Regionalism 2017) To Justice (University (The University of of Minnesota Press, Iowa Press, 2017) 2017)

For more alumni news or to submit a class note, go to: https://www.law.umn.edu/alumni.

law.umn.edu Perspectives FALL 2017 55 ALUMNI PERSPECTIVE

More than 500 alumni returned to the Law School for Spring Alumni Weekend, April 21-22, 2017, for a variety of all-alumni events as well as individual reunions for those classes celebrating milestone anniversaries.

www.law.umn.edu/spring-alumni-weekend

3 1 Class of 1997 gathered at the Minneapolis Woman’s Club 2 Taylor Stippel (’17), Katie Steffanides (’17), Bob Krizmanic (’16) 3 James Perez (’18), Tiffany Saez (’19), Dan Guerrero (’18) 4 Amy Bergquist (’17), Dianne Heinz (’73) 5 Professor Francis Shen 6 Ellen Yee (’97), Iris Lebowitz (’97), Kaitlin Hallett, Cecily Murray (’97), Scott Ihrig (’97), Susan Snyder (’98)

56 Perspectives FALL 2017 law.umn.edu ALUMNI PERSPECTIVE

THANK YOU, PARTNERS AT WORK

GROUP 1 (UNDER 15 ALUMNI)

Gaskins Bennett Birrell Schupp 100% Thank you to all volunteers, organizations, Greene Espel 100% and firms that participated in the tenth Hellmuth & Johnson 100% annual Partners at Work challenge, which Kaplan, Strangis and Kaplan 100% ended on June 30, 2017. Overall, 63% Lind, Jensen, Sullivan & Peterson 100% of alumni at 36 organizations made a gift to the Law School. This year, nine Schwebel, Goetz & Sieben 100% participating firms achieved 100% Vantage Law Group 100% alumni giving. Zimmerman Reed 100% The Partners at Work challenge is a friendly competition to increase alumni (15-25 ALUMNI) giving participation at organizations that GROUP 2 employ University of Minnesota Law School alumni. Nilan Johnson Lewis 100% Bassford Remele 94% Special thanks to those Maslon 73% organizations that finished Larkin Hoffman Daly & Lindgren 65% at the top of each respective Henson & Efron 57% group!

GROUP 3 (MORE THAN 25 ALUMNI)

Winthrop & Weinstine 88% Gray Plant Mooty 82% Dorsey & Whitney 76% Lindquist & Vennum 68% Stinson Leonard Street 62%

For the full results of the Partners at Work challenge, go to www.law.umn.edu/give/partners-work

law.umn.edu Perspectives FALL 2017 57 ALUMNI PERSPECTIVE

TRIBUTES

DAVID RYRIE BRINK work on the ABA Board of CLASS OF 1947 Governors and many of its sections and committees. Brink remained a vigorous and successful practitioner during this period as well, becoming a fellow and later a regent of the American College of Trust and Estate Counsel and the American College of Tax Counsel. He was a prolific writer and a frequent speaker on numerous legal topics. Throughout his long career, Brink found time to pursue painting and York City with the newly created sculpture. Following his retirement in National Employment Law Center. 1989, he became active in the ABA In 1974, he became a national staff DAVID RYRIE BRINK, A FORMER Standing Committee on Substance counsel with the ACLU, where he president of the American Bar Abuse and an advocate for Lawyers brought cases to integrate police Association and a nationally recog- Concerned for Lawyers, an organiza- departments around the country. nized expert in trusts, estates, and tion in which he mentored many In 1986, he joined the Los Angeles- probate law, passed away on July 20. other lawyers dealing with substance based Mexican American Legal He was 97. abuse problems. In his 80s, Brink Defense and Education Fund as its Brink was born in Minneapolis in became a poet, and in 2016, at the vice president for litigation. His work 1919 to Newbery Award-winning age of 96, he made his literary debut, there included leading the litigation author Carol Ryrie Brink (Caddie publishing a collection entitled of Garza v. County of Los Angeles, Woodlawn) and Raymond W. Brink, a Beyond the Delta. a voting rights case that resulted in University mathematics professor and the creation of a predominantly author. He received his bachelor’s E. RICHARD LARS0N Latino supervisorial district in the degree from the University in 1940 CLASS OF 1969 county. In 1997, Larson joined the and enrolled at the Law School, but NAACP Legal Defense & Education interrupted his legal education to E. RICHARD LARSON, A PIONEER- Fund, where he led a team imple- serve as a Navy cryptographer in ing civil rights lawyer with the ACLU menting the consent decree in World War II. Returning in 1946 to and the NAACP, among others, died Labor/Community Strategy Center v. finish his J.D., he served as editor of July 22 at his home in Los Angeles. Los Angeles County Metropolitan the Minnesota Law Review. He was 73. Transportation Authority. Over two He joined the Minneapolis firm Born and raised in Minneapolis, decades, that case resulted in billions that would later become Dorsey & Larson was a gifted student and of dollars of additional buses and Whitney in 1947 and worked in athlete. After graduating from service improvements for LA bus trusts and estates under Harry Dartmouth College, he followed his riders, who were mostly minorities. Blackmun, the future U.S. Supreme father—Earl Larson (’35), a federal Over the course of his career, Court justice. In 1953, Brink became judge and founder of the Minnesota Larson argued four cases before a partner at Dorsey, succeeding Civil Liberties Union—into the legal the U.S. Supreme Court and Blackmun as head of its trusts and profession. After graduating from the authored four books, including estates department. As he built his Law School, Larson clerked for Judge The Rights of Racial Minorities (1980) reputation in probate law, Brink was Gerald W. Heaney (’41) of the U.S. and Sue Your Boss (1981). He was also taking on leadership roles in the Court of Appeals for the 8th Circuit, an aficionado of the New York City profession. He served as president of who furthered his interest in civil Ballet, enjoyed attending classical the Hennepin County Bar rights. Indeed, Larson spent the rest music concerts at the Hollywood Association (1967-68), Minnesota of his life advocating on behalf of Bowl, and delighted in overseeing State Bar Association (1978-79), and racial minorities and the poor. renovations to his home under the the ABA (1981-82), after years of Larson began his career in New Hollywood sign. n

58 Perspectives FALL 2017 law.umn.edu ALUMNI PERSPECTIVE

IN MEMORIAM

CLASS OF 1940 Edward I. Haligman Ralph S. Tillitt CLASS OF 1964 Bradley C. Thorsen Leo Wolk March 19, 2017 September 8, 2017 Harry T. Neimeyer August 13, 2017 May 7, 2017 Greenwood Village, Alexandria, Minn. May 23, 2017 Golden Valley, Minn. Minneapolis, Minn. Colo. St. Paul, Minn. CLASS OF 1956 CLASS OF 1976 CLASS OF 1946 James H. Martin Paul W. Lohmann Michael J. Sauntry William S. Keller Richard L. Post March 6, 2017 August 1, 2017 July 14, 2017 May 10, 2017 June 30, 2017 Minneapolis, Minn. Sacramento, Calif. Minneapolis, Minn. Tracy, Minn. Minneapolis, Minn. CLASS OF 1952 Yoshiro Nakamura Ronald H. Schneider CLASS OF 1978 John M. Robinson George L. Mitchell March 25, 2017 July 10, 2017 Frederick R. Kopplin February 18, 2017 July 5, 2017 Wahiawa, Hawaii Spicer, Minn. May 24, 2017 San Diego, Calif. Clemson, S.C. Minneapolis, Minn. CLASS OF 1957 CLASS OF 1965 CLASS OF 1947 CLASS OF 1953 Michael J. Galvin Jr. Theodore K. Furber CLASS OF 1982 David R. Brink James Giller September 21, 2017 March 9, 2017 Jay L. Grytdahl July 20, 2017 April 18, 2017 Minneapolis, Minn. Eden Prairie, Minn. September 24, 2017 Minneapolis, Minn. Granite Bay, Calif. Las Vegas, Nev. CLASS OF 1958 CLASS OF 1966 CLASS OF 1948 William R. Koenig John P. Karos Dennis L. Olson CLASS OF 1983 Hosmer A. Brown August 27, 2017 July 8, 2017 September 23, 2017 Peter J. Scheuer October 3, 2017 Mound, Minn. Wayzata, Minn. Henderson, Nev. September 21, 2017 Minneapolis, Minn. Cloquet, Minn. CLASS OF 1954 Robert J. McGuire CLASS OF 1967 Robert S. Krause Dwight H. Lindholm April 18, 2017 Faith L. Ohman CLASS OF 1984 April 24, 2017 September 4, 2017 Minneapolis, Minn. April 8, 2017 Randy B. Evans Mill Spring, N.C. Thousand Oaks, Calif. Minneapolis, Minn. May 23, 2017 CLASS OF 1959 Minneapolis, Minn. CLASS OF 1949 K. Eugene Ronald O. W. Ylitalo CLASS OF 1968 David R. Milton Malmborg Jr. March 30, 2017 J. Steven Bergerson CLASS OF 1987 January 30, 2017 April 24, 2017 Grantsburg, Wis. June 20, 2017 Suzanne Brandon Austin, Texas St. Petersburg, Fla. Hermantown, Minn. March 23, 2017 CLASS OF 1960 Knoxville, Tenn. CLASS OF 1950 Raymond B. Ondov Leo J. Harris CLASS OF 1969 Richard H. Plunkett June 22, 2017 January 25, 2017 E. Richard Larson CLASS OF 1991 Sr. Hamilton, Mont. St. Paul, Minn. July 22, 2017 Robert P. W. Gough June 9, 2017 Los Angeles, Calif. September 18, 2017 Rochester, Minn. CLASS OF 1955 CLASS OF 1961 Rosebud Sioux William L. Devitt William E. CLASS OF 1972 Reservation CLASS OF 1951 July 3, 2017 Kretschmar Howard L. Kaibel South Dakota Robert W. Gislason Minneapolis, Minn. August 17, 2017 January 20, 2017 January 22, 2017 Venturia, N.D. Albuquerque, N.M. Brendan W. Randall Oro Valley, Ariz. Jack D. Gage July 9, 2017 September 13, 2017 CLASS OF 1963 CLASS OF 1974 Cambridge, Mass. Maple Grove, Minn. W. Scott Herzog Randall E. Kroening May 23, 2017 July 24, 2017 Alexandria, Minn. New Ulm, Minn.

law.umn.edu Perspectives FALL 2017 59 ALUMNI PERSPECTIVE

WHY I GIVE…

PHYLLIS REHA CLASS OF 1972

Phyllis Reha remembers the day She currently runs her own she started law school and her consulting firm and donates her conversation with a new friend time to energy-related matters, as they walked away from their including the Midwest Energy first classes. Storage Alliance, which is part of the Energy Transition Lab at “I confessed that I hadn’t even the University of Minnesota. known what a tort was,” she recalls. “I was feeling very HOMETOWN: Eagan, Minn. intimidated and I knew it would be a challenging three years.” CURRENT JOB: Owner of PAR Energy Solutions, a consultancy She describes her professors— that provides strategic advice to including William Lockhart, clients about energy policy and Carl Auerbach, and Robert Stein utility regulation. (’61), all future deans of the Law School—as “the legends.” Her GIVING: Reha is a longtime classmates were overwhelm- supporter of the Law School. ingly male; in Reha’s class, there At first, she earmarked dona- were 12 women out of 220 tions to the Legal Aid clinic graduates. Now, approximately where she served when she half of 1Ls are women. was a student. But as tuition rose, she pivoted her gifts Reha decided in high school toward scholarship funds. that she wanted to be a lawyer. WHAT YOU WON’T FIND ON “I wanted to be involved in HER RESUME: Reha enjoys changing the culture and skiing in northern Minnesota and helping the poor and disadvan- attending plays at local theaters. taged,” she says. Reha served as one of the student directors ADVICE TO FIRST-YEAR of the Legal Aid clinic; after STUDENTS: “Try to soak up the graduation, she moved to knowledge and the experience Michigan and provided legal of law school. You will learn services for migrant workers. about a different culture— She later spent two decades the legal profession—but with the state of Minnesota you’ll also learn about the wide as an administrative law judge, variety of opportunities in the specializing in public utility, legal community. Try to keep an telecommunications, and open mind. There are still great environmental regulations. She opportunities for public service.” was appointed to the Minnesota Public Utilities Commission in 2001 and served for 12 years, under three governors.

60 Perspectives SPRING 2017 law.umn.edu WAYS TO GIVE There are many ways to give back to the University of Minnesota Law School. For more information, visit www.law.umn.edu/giving. Or send your gift directly to the Office of Advancement, Law School, 229 19th Ave. S., Minneapolis, MN 55455.

PARTNERS IN EXCELLENCE ANNUAL FUND Student scholarships, clinics, journals, the Law Library, and faculty support are just a few areas that benefit from this current-use fund. It allows the Law School to provide core support while also giving us the flexibility to meet our greatest needs.

To make a gift, visit give.umn.edu/lawschool NONPROFIT ORG. U.S. POSTAGE PAID 421 Mondale Hall TWIN CITIES, MN 229 19th Avenue South PERMIT NO. 90155 Minneapolis, MN 55455

“Thank you for supporting the University of Minnesota Law School! Your support is an investment in future leaders. I aspire to follow your example and give back On Tuesday, Sept. 26, hundreds of students, faculty, and staff came together myself after to take part in the second annual Gopher Gratitude Day. This celebration I graduate.”

highlighted the numerous ways in which donors, alumni, and friends —Alex Walsdorf (’18) generously contribute to the University of Minnesota Law School each year. More than 250 students wrote thank-you notes to express their gratitude for the scholarships, experiential learning opportunities, career services, and more that donors make possible. Gold bows throughout Mondale Hall highlighted all things (including some faculty and staff) that would not exist in our community without donors like you. Thank you!