FALL 2004 DEAN Alex M. Johnson, Jr.
EDITORS Terri Mische Elizabeth Washburn
CONTRIBUTING WRITERS Jana Bruder Cheryl Casey Amber Fox Susan Gainen Matt Gehring Ann Hagen Katherine Hedin Joel Hoekstra FALL 2004 Kay Johnson Contents Steve Marchese Meleah Maynard Pat McGroarty 1 THE DEAN’S PERSPECTIVE Todd Melby Laurie Newbauer Ruth L. Okediji 2 FACULTY FOCUS Mickelene G.Taylor Mary Thacker Faculty Research & Development Suzanne Thorpe Al Vredeveld 19 FACULTY ESSAY PHOTOGRAPHERS Bobak Ha’Eri Copyright and the Court Dan Kieffer Ruth L. Okediji Terri Mische Tim Rummelhoff Kevin Washburn
24 FEATURES DESIGNER Jennifer Kaplan, Achieving Excellence Red Lime, LLC Meleah Maynard The Law Alumni News magazine is published twice a year, by the The Faegre and Benson Symposium University of Minnesota Law School Office of External Law, Information, and Freedom Relations.The magazine is one of the projects funded through the of Expression membership dues of the Law Alumni Association.
Correspondence should be to: 38 LAW SCHOOL NEWS [email protected] or Law Judge Doty Gives Keynote Address at Alumni News Editor, N160 Mondale Hall, 229 19th Avenue Minnesota Law Review Banquet South, Minneapolis, MN 55455-0400. Weekend Indian Law Course The University of Minnesota is Student Highlights committed to the policy that all persons shall have equal access to its programs, facilities and employ- ment without regard to race, col- 47 ALUMNI COMMONS or, creed, religion, national origin, sex, age, marital status, disability, Distinguished Alumni public assistance status, veteran Class Notes status or sexual orientation. In Memoriam Dean’s Perspective s I visit our alumni at various law firms, both in and out of state, I endeavor to provide them with current information regarding the Law School. One facet of our operation that I always make sure to mention is the state of our wonderful Law Library headed by Associate Dean Joan Howland. In this issue we celebrate a milestone as the University of Minnesota Law Library becomes only the eighth nationwide to accumulate aone million volumes.That is, indeed, a significant and worthy accomplishment. However, since we have several stories devoted to this accomplishment, I thought I would turn my attention to a larger issue involving our Law Library and its place in our Law School.You see, I am asked quite often why we continue to fund the Law Library at its current level given the advent of new technologies and the increasing use of the Internet for electronic retrieval and research.The questions are not critical of the Law Library or its opera- tion. Instead, I sense that the questions are indicative of a lack of information regard- ing the Law Library’s role in today’s law school. As the University of Minnesota Law Library celebrates the acquisition of its mil- lionth volume, it is appropriate to reflect on the relevance of libraries in this ever- evolving era of technology.Are libraries, and the books they contain, still applicable to scholarship as well as the study and practice of law? Libraries today are both a physical space and a virtual resource.When you enter the University of Minnesota Law Library, you will find a vibrant and diverse environment featuring books, reporters, statutes, computer terminals, ports for laptops, desks for studying, and com- fortable chairs for an occasional nap between classes. From early morning until mid- night (later during the exam periods) you will find a significant portion of the stu- dent body, alumni, members of the bench and bar, and faculty members utilizing the books, computer terminals, wireless network, legal research training areas, study spaces, or even picking the brain of one of our fine reference librarians.Although the majority of information needed is available via our wireless network and the DEAN ALEX M. JOHNSON, JR. Internet, students and faculty tend to be drawn to the Library as a place for not only assistance in their research, but also as a place for study and scholarly contemplation. Moreover, although most of the faculty instruction takes place in the classroom, a case can be made that the Law Library is the educational and intellectual center of the Law School. It is the one place where faculty, students, alumni and staff meet as equals in their search for information and knowledge. It is the one indispensable facility in the Law School. Can you imagine a world-class law school without a law library? I cannot. Indeed, the quality of a law school is often a reflection of the quality of its law library. It is interesting to note that the other seven law schools with which we share the million-volume status are: Columbia, Georgetown, Harvard, Iowa, New York University,Texas,and Yale. Suffice it to say, we are in fine company, indeed. While some futurists have predicted that technology will mark the end of book acquisitions, the reality is that we are unlikely to see this take place in the near future. It seems that rumors of the printed volume’s demise are greatly exaggerated. In fact, although our Law Library is acquiring as much information as possible in electronic format, the book collection is growing faster than ever before, at a rate of over 20,000 volumes a year.This is due, in part, to an increase in publishing as well as to the growing scope of our collection. Some sources simply are not yet available online.As books continue to be published and online resources become more accessible, the challenge for today’s law library is to provide seamless access to information in a variety of ways.The expansion of the Law School’s wireless network, increased electrical power throughout the building, and the institution of a laptop requirement for our law students beginning with the 1L class this year, is part of our strategy to provide access for our students to information in all formats. In closing, please join me in recognizing and congratulating our Dean Howland and her staff on the acquisition of the one-millionth volume. It is an accomplishment for which we should all be proud and bespeaks the considerable contributions that the Law Library has made to generations of law students, faculty, attorneys and members of the bench.
Dean and William S. Pattee Professor of Law uate student government and with collection at the Law School and it E.Thomas Sullivan members of a graduate student group. was absolutely natural for us to show- hen Tom Sullivan stepped case and feature the collection. So down as dean of the Law As dean of the Law School, Sullivan many scholars visit each year to use WSchool after seven years at kept a foot in the classroom, teaching that collection.” the helm, there were probably more one course per semester.“I never left than a few individuals who predicted the classroom,” he says.“So there wasn’t Sullivan says his role is to ensure that the professor wouldn’t be free of a gap between teaching and administra- the University’s academic programs are administrative duties for long.And they tion. I love to teach.” Following a year- of the highest caliber.And that’s not were right. long sabbatical where he taught for a just about teaching students well, he semester at Boalt Hall at notes. In a recent paper he published, In July, Sullivan was the University of Cali- he noted that Universities are a “public appointed the Universi- fornia-Berkeley, he good” that produce common benefits ty of Minnesota’s Senior returned to the Univer- for all of society through research and Vice President for Aca- sity to teach full-time in teaching. demic Affairs and the Irving Younger Pro- Provost. Handpicked by fessor of Law. It’s a tradi- Much work lies ahead, but Sullivan President Robert Bru- tion that, regrettably, he notes that, as in many professions, his ininks, he now serves as won’t be able to contin- training in law is an asset.“At the Law the chief academic offi- ue for the near time.“I School, we educate students to resolve cer for the University do plan to continue problems and conflicts and think and its coordinate cam- writing and research,” he strategically and creatively about issues. puses.“I have a lot of says, noting that he’ll still Those same skills are transferable into respect for Bob Bru- keep an office at the Law this position as well,” he says. ininks,” Sullivan says of his decision to School, as well as in Morrill Hall.“And take the job.“When he called, I was I hope to return and teach a course or surprised and honored. It was an a seminar next year.” Mary Louise Fellows opportunity to help him and to be the ary Louise Fellows has spent architect of academic planning and Although enjoying teaching, Sullivan the past five years reading supporting academic initiatives at the admits he found fulfillment in adminis- MBeowulf and Chaucer and University.” trative work.As dean, he says,“There sifting through Old English homilies was a part of me that enjoyed the and legal documents.This fall, Fellows, Sullivan’s tenure as dean of the Law strategic thinking and planning, the Everett Fraser Professor of Law, is School gives him a leg up in his new fundraising and putting it all together.” completing work on her dissertation position.“I already knew most of the He cites the hiring of 17 new faculty and will earn a Ph.D. in English litera- issues and most of the individuals,” he members, the addition of a major new ture in 2005. explains.“I knew the other deans as addition to the Law School building, my former colleagues and I knew the which was named Mondale Hall, and Fellows will return to the classroom central administration and a large the development of the library as next semester, teaching wills and trusts, number of the Board of Regents.” But among his proudest achievements as a specialty, along with estate planning, while a steady schedule of meetings dean.“I love books and I think the taxation, and feminist theory. She with Bruininks, vice presidents, deans, library is the heart and core of the Law believes that her teaching will be influ- and other members of the administra- School,” he says of his efforts to enced to some degree by the literary tion keeps him busy, Sullivan hopes to advance the successful creation of the studies in which she’s been engaged. stay in touch with students too: already, Riesenfeld Rare Books Research Cen- An interest in feminist literary criticism he’s met with the heads of undergrad- ter.“There’s a world-class rare books led her to begin her graduate studies in
2 Law Alumni News o FALL 2004 Faculty Focus
1999, but lawyers is experience.And what a stu- ultimately Carl M.Warren dent gains through experience is confi- her research arly on in his legal career, while dence,” he says.“My job is to get the zeroed in on working in the Civil Rights person to the point where they have a will written EDivision of the Minnesota the confidence to use theories and by an English Attorney General’s Office, Carl Warren presentation skills and analytical ability woman in (’75) learned that stance can be just as to solve problems.Then suddenly the the 10th- vital as skills when it comes to being light bulbs go on.” century. persuasive. Confidence, while not everything, plays no small part in an Each semester,Warren begins work Like letters, attorney’s success, he realized. with six new students, while continu- novels, plays, ing to work with the and essays, a Today, as a member of students that started the will can be read as a document that the University’s clinical two-term clinical pro- offers insight into its time and the faculty, he’s intent on gram the prior semester. world of its author, Fellows says.“It instilling Law School He meets with them needs interpretation. Just as literary students with similar regularly, developing a studies examine historical context and self-assuredness.“I’ve relationship that is both authorial intent to find the meaning of always been interested coach and critic.“The a poem, you can ask some of those in teaching young clinic is the one place in same questions about a will too.”The lawyers not only how to the law school where will Fellows is examining, unearthed in do things, but how to the student-faculty the early 1900s, includes a clause in be,” he says.The clinical ratios is one to one,” he which the writer bequeaths a treasured setting allows students says.“Part of my job is tapestry and some seat covers to a to put their theories to unlock students’ appreciation for monastery.The passage illuminates into practice and to test their personal how ready they really are to handle both the writer's values and the influ- style and approach to law in a real-life real matters.” ence of the church in medieval times, setting. Students learn how to deal Fellows says.“It’s not just an economic with such day-to-day issues as dealing Warren also organizes the annual document, which is how we’d view it with opposing council and judges, William E. McGee National Civil in the 21st century,” she adds.“To treat working through moral and ethical Rights Moot Court Competition. the will merely as an exercise of this issues, and understanding their own Next year’s contest, scheduled for woman’s economic power obscures the role in the process of justice. March 3–5, will mark the 20th spiritual dimensions of her gifts.” anniversary of the moot court. o Warren says he’s continually impressed Fellows joined the Law School in 1990 by the intelligence of his students. By Joel Hoekstra. Hoekstra is a freelance and became the first woman to receive “Often, the only difference I see writer, who writes for numerous regional and a permanent appointment to an between students and practicing national publications. endowed chair.“There are many women before me who should have UNIVERSITY OF MINNESOTA received it,” she says, noting that over the past decade the University has LAW SCHOOL done a better job of recognizing presents women’s achievements with appoint- ments and honors.“To be perfectly frank, I’ve tried to use that position to CONTINUING LEGAL EDUCATION help all women on campus.” In com- PROGRAM 2005 mittee meetings and other settings, she has championed the work of female SUPER CLE WEEK XXV colleagues; and she’s a strong supporter Featuring Professors Jesse Choper and Roy Brooks of women’s athletics. and all the Ethics and Bias Credits you will need Fellows looks forward to returning to Monday, March 14–Saturday 19, 2005 the classroom next semester.“My AND greatest joy comes when people take SUMMER CLE XXVI my classes in taxation or in wills and Featuring University of Minnesota Law School Faculty trusts because they thought that they had to know it, but then, to their sur- Tuesday, May 31–Friday, June 10, 2005 prise, they decide they like it,” she says. “They decide they’d enjoy practicing as an estate planner.” MARK YOUR CALENDAR!
Law Alumni News o FALL 2004 3 Faculty R&D
Law School Faculty Promoted Faculty R&D We are pleased to announce the following promotions Research and Development articles:“Public Sector Update 2003- DALE E. CARPENTER was award- EDWARD S.ADAMS ed tenure at the title of Associate 04” in Employment Law Handbook 2003 Professor Adams published a revision (paper presented at the 2004 Upper Professor of Law and named the to his book entitled Bankruptcy:A Fed- Midwest Employment Law Institute); Vance K. Opperman Research eral Practice Manual; an article entitled “The Americans with Disabilities Act: Scholar. “Cross-National Lessons after Enron The Most Troublesome Issues” in Labor and Global Crossing:A Comparative Arbitration Institute (paper presented at GUY-URIEL E.CHARLES was View of Corporate Governance” in the 2004 Chicago Program on Labor awarded tenure at the title of the Indiana Law Journal; an essay on Law and Labor Arbitration).Along Associate Professor of Law and “Dean E.Thomas Sullivan: Building a with Gregg Polsky, he authored a col- Stronger Foundation” in the Minnesota named the Russell M. & Elizabeth umn in the ABA’s Labor and Employ- Law Review; and an article entitled M. Bennett Professor of Law. ment Law newsletter entitled “Supreme “Contracting Around Finality:Trans- Court to Decide Contingent Fee Tax forming Price v.Neal from Dictate to Issue.” Professor Befort served as the PETER H. HUANG was awarded Default” in the Minnesota Law Review. Secretary of the Labor and Employ- tenure at the title of Associate In addition, Professor Adams lectured ment Section of the American Bar Professor of Law. on business law topics to the Oregon Association during 2003-04. In that State Bar Association in Portland, Ore- capacity, he made presentations at con- BRADLEY C. KARKKAINEN was gon; the New Jersey Bar Association in ferences held in Hawaii, Kentucky, awarded tenure at the title of Newark, New Jersey; the law firm of California, and Georgia. During this Professor of Law and named the McMillan Binch in Toronto, Canada; past summer, Professor Befort com- the Illinois State Bar Association in Julius E. Davis Professor of Law. pleted a four-year term as the Law Chicago and Collinsville, Illinois; the School’s Associate Dean for Academic law firm of Cassels Brock & Blackwell Affairs. BRETT McDONNELL was LLP in Toronto, Canada; the law firm awarded tenure at the title of of Alston & Bird LLP in Atlanta, Associate Professor of Law. Georgia; and the Pennsylvania Bar BRIAN BIX Institute in Pittsburgh and Philadel- Professor Bix has published A Dictio- DAVID MCGOWAN, formerly phia, Pennsylvania. nary of Legal Theory (Oxford University Associate Professor of Law, was Press). Recent paper presentations include “State Interests in Marriage, named Professor of Law. STEPHEN F.BEFORT Interstate Recognition, and Choice of Professor Befort continues to be active FIONNUALA NÍ AOLÁIN was Law,” for the Conference on Interjuris- on a number of projects relating to dictional Recognition of Same-Sex awarded tenure at the title of labor and employment law. He recently Marriages, held at Catholic University Professor of Law and named the completed work on three articles that in May 2004; and “The ALI Principles Dorsey & Whitney Professor have been accepted for publication:“At and Agreements: Seeking a Balance of Law. the Cutting Edge of Labor Law Pre- Between Status and Contract,” for the emption:A Critique of Chamber of Conference on the ALI Principles of Commerce v.Lockyer,” LAB. LAW. Family Dissolution, Harvard Law (forthcoming 2004) (with Bryan School, in October 2004. Professor Bix Smith);“Employment Discrimination was also a participant in a Roundtable Remedies and Tax Gross Ups, Iowa Discussion,“What Makes a Parent?,” Law Review (forthcoming 2004) (with held at the Cardozo Law School in Gregg Polsky);“The Labor and June 2004. Employment Law Decisions of the Supreme Court’s 2003-04 Term,” LAB. LAW.(forthcoming 2005). He also DAN L. BURK completed work on a 2004 Supple- Professor Burk has continued an inter- ment to his Empoyment Law and Practice national program of high-visibility lec- book published by West Group. In turing and scholarship in intellectual addition, Professor Befort has published property and high technology law. In the following professional education April of this year, Professor Burk visit-
4 Law Alumni News o FALL 2004 Comings & Goings
MICHAEL STOKES PAULSEN has returned to the faculty after visiting away last year. He has been appointed Associate Dean for Faculty Research and Development and has been named the McKnight EDWARD S.ADAMS STEPHEN F. BEFORT BRIAN BIX DAN L. BURK Presidential Professor in Law and Public Policy by the University of ed the George Washington School of he spoke on “Privacy and Property in Minnesota. Law at American University, where he the Global Datasphere: International participated as a presenter in the work- Dominance of Off-the-Shelf Models After four years of superb and shop on “Gender and Copyright:The for Information Control,” at the selfless service to the Law School Unmapped Connection” sponsored by Fourth International Conference on the Program on Intellectual Property Cultural Attitudes Toward Technology as Associate Dean for Academic and the Public Interest. He also trav- and Communication. In early Septem- Affairs, STEPHEN F.BEFORT has eled to the University of Illinois at ber Professor Burk visited both George returned to full time teaching. Urbana-Champaign, where he spoke Mason University and the University JIM CHEN was named the new on “Legal Limitation of Genetic Use of California, Berkeley.While at Associate Dean for Academic Restriction Technologies” at the Con- George Mason University, he spoke on Affairs. ference on Intellectual Property Pro- “Legal and Technical Standards in Dig- tection For Agricultural Biotechnolo- ital Rights Management” at Property DONALD DRIPPS left the Law gy: Seeds of Change; and to Berkeley, Rights on the Frontier:The Econom- School at the end of the spring California, where he spoke on “Law & ics of Self-Help and Self-Defense in Ethics of On-line Research,” at the Cyberspace, the inaugural symposium semester to join the faculty at the 14th Annual Conference on Comput- of the Journal of Law, Economics, and University of San Diego School of ers, Freedom, & Privacy. Returning to Policy.While at Berkeley, Professor Law. Professor Dripps, a nationally Minnesota, he spoke at a conference Burk spoke on “Copyright and Femi- known scholar in the areas of on Intellectual Property in the Public nism in Digital Media” as part of the criminal procedure, evidence and Interest organized by the UMN Con- Intellectual Property Seminar spon- criminal law, made many valuable sortium on Law,Values, and the Life sored by the Berkeley Center for Law contributions to the Law School Sciences.The next day he traveled to and Technology. During the same trip, during his time on the faculty and Washington D.C. to present his work, he visited Hastings College of Law in co-authored with Professor Mark San Francisco, where he presented a will be missed. Lemley of Stanford University, on faculty seminar on “Legal and Con- “Designing Optimal Software Patents,” ceptual Implications of Biological at the Symposium on Intellectual ‘Lock-Out’ Systems.” Professor Burk Property Rights in Frontier Industries: finished out September at Syracuse Software and Biotech, organized by the University College of Law where he Joint Center of the American Enter- delivered the Endries Distinguished prise Institute and Brookings Institute. Lecture on “Expression, Selection, Abstraction: Copyright’s Golden In May, Professor Burk spoke on Braid.”While in residence at Syracuse, “Understanding the DMCA Anti-Cir- Professor Burk also presented a faculty cumvention Provisions” at the Fifth workshop on “Feminism and Dualism Annual At the Crossroads of Law & in Intellectual Property Law” and Technology Conference and Mock appeared as a guest speaker in courses Trial sponsored by the Program for on intellectual property. Law & Technology at the California Institute of Technology. In July, Profes- Professor Burk’s publication schedule sor Burk visited the Max Planck matches the pace of his travel schedule. Institut für Geistiges Eigentum, His presentations at the conferences on Wettbewerbs- und Steuerrecht in “Seeds of Change,”“Cultural Attitudes Munich, Germany, where he presented Toward Technology and Communica- a short course on “Patents,Technology, tion,”“Property on the Frontier,” and and Society” at the Munich Intellectu- “Intellectual Property Rights in Fron- al Property Law Center. Professor Burk tier Industries,” will appear in the col- also visited Karlstadt, Sweden, where lected papers published from each con-
Law Alumni News o FALL 2004 5 Faculty R&D
Faculty Scholarship Presentation The Law School hosts a weekly luncheon by members of the Law School, faculty from other
departments of the University, DALE E. CARPENTER JIM CHEN CAROL L. CHOMSKY visitors from other universities, and practitioners.The Fall 2004 presentations are listed below. ference. His article on “Open Source Conservation as a Species of Informa- Patenting,” co-authored with Sara tion Policy” in the Iowa Law Review, Boettiger, is forthcoming from the “A Vision Softly Creeping: Congres- SEPTEMBER Journal of International Biotechnology Law, sional Acquiescence and the Dormant 9 Supreme Court Review while his article on “Quantum Claim Commerce Clause” in the Minnesota Professors Fred L. Morrison, Mechanics,” co-authored with Profes- Law Review, and “The Nature of the Jim Chen, and Barry C. Feld, sor Lemley is forthcoming in a sympo- Public Utility: Infrastructure, the Mar- University of Minnesota sium issue of the Lewis & Clark Law ket, and the Law” in the Northwestern Law School Review. His book on Tailoring Innova- University Law Review. Further work of tion Policy: Shaping Patent Policy for Spe- his is forthcoming in the Minnesota 15 Professor Michael Stokes cific Industries, also co-authored with Law Review, the Washington University Paulsen, University of Minnesota Professor Lemley, is scheduled for pub- Journal of Law and Policy, the Michigan State University Law Review, and the Law School lication by the University of Chicago Press in 2005. Professor Burk is cur- Duke Law Journal. Professor Chen has It’s a Girl (Co-Author, Erin Minkler) rently preparing for a Spring, 2005 presented papers on universal service semester visit to Cornell University subsidies, price-level regulation, and 23 Professor Peter H. Huang, School of Law. the measurement and use of inflation University of Minnesota Law in the law at meetings of the Interna- School tional Telecommunications Society in DALE E. CARPENTER The Unexpected Value of Litigation, Finland and Germany and at annual (Co-author, Joseph A. Grendfest, Professor Carpenter has recently pub- meetings of the Canadian Law and lished several articles and essays, includ- Economics Association. During a Stanford Law School) ing:“Is Lawrence Libertarian?,” Min- recent six-month span, he presented nesota Law Review (2004);“The Antipa- papers on the commerce clause (in 30 Professor Bradley C. ternalism Principle in the First both its affirmative and dormant mani- Karkkainen, University of Amendment,” Creighton Law Review festations), biodiversity conservation, Minnesota Law School (2004); and “Judicial Supremacy and Its and freedom of speech at seven law The Police Power Revisited: Phantom Discontents,” Constitutional Commen- schools—Colorado, Lewis and Clark, Incorporation and the Roots of the tary (2003). In addition, he has partici- Michigan State, Florida, Illinois,Alaba- Takings Muddle pated in numerous debates on the sub- ma, and Duke—and before the Associ- ject of gay marriage at the University ation of American Law Schools. Closer OCTOBER of Minnesota, the University of Vir- to home, Professor Chen has taught continuing legal education in the 7 Professor Meir Dan-Cohen, ginia School of Law, and other schools around Minnesota and the nation. In William E. McGee National Civil University of California, Berkeley September, he participated in a sympo- Rights Moot Court Competition and School of Law sium at the St.Thomas Law School, the University of Minnesota’s Summer Harmful Thoughts:Essays on Law, Self “The Federal Marriage Amendment: CLE Program and served as sympo- and Morality Yes or No?” sium moderator for two conferences sponsored by the University’s Consor- 14 Professor Carol Liebman, tium on Law and Values in Health, JIM CHEN Columbia University School of Law Environment & the Life Sciences Since the beginning of the 2003-04 Bioethics Mediations:A Guide to Shap- (“Environmental Threats to Children’s academic year, Professor Chen has Health: Legal and Policy Challenges” ing Shared Solutions, and A Mediation published a large number of articles: and “Intellectual Property Rights for Skills Model to Manage Disclosure or “The Price of Macroeconomic Impre- the Public Good: Obligations of U.S. Errors and Adverse Event to Patients cision: How Should the Law Measure Universities to Developing Coun- Inflation?” in the Hastings Law Journal, tries”).The fiftieth anniversary of the “Filburn’s Legacy” in the Emory Law Supreme Court’s epochal decision in Journal,“Webs of Life: Biodiversity Brown v.Board of Education has kept
6 Law Alumni News o FALL 2004 OCTOBER (continued) 21 Professor Frederick Schauer, John F.Kennedy School of Government, Harvard University Freedom of Expression Adjudication in Europe and America:A Case Study in Comparative Constitutional BRADLEY G. CLARY LAURA J. COOPER BARRY C. FELD Architecture
Professor Chen especially busy. He has serve on the Communications Skills 28 Visiting Professor Susan spoken on the significance of Brown at Committee of the American Bar Asso- Franck, University of Minnesota commemorative events sponsored by ciation Section of Legal Education. In Law School Carleton College, by the Minnesota September,Thomson/West released The Legitimacy Crisis in Investment Supreme Court, and by the Hennepin CiteStation, a series of interactive com- Treaty Arbitration: Privatizing Public County Bar Association and the Min- puter-based exercises authored by Pro- International Law Through Inconsistent nesota Association of Black Lawyers. fessor Clary with Sharon Reich Decisions One of his forthcoming articles,“May- Paulsen, Pamela Lysaght, and Danielle teenth,” addresses Brown’s legacy and Istl for use in legal writing and moot continuing impact. In July, Professor court courses. NOVEMBER Chen assumed new duties as Associate 4 Professor Stephen M. Dean for Academic Affairs. In addition Simon, University of Minnesota to continuing his role on the editorial LAURA J. COOPER Law School board of Constitutional Commentary, The Research and Education Founda- Speed of Adjudication,Administrative Professor Chen is the faculty editor-in- tion of the National Academy of Arbi- License Revocation and License Plate trators has awarded a grant to Professor chief of the Minnesota Journal of Law, Impoundment as Factors in Reducing Science & Technology. Cooper, along with colleagues Profes- sors Stephen Befort of the Law School Drunk Driving and Mario Bognanno of the Carlson CAROL L. CHOMSKY School of Business, to conduct what is 11 Professor Linda Bosniak, The second edition of Professor believed to be the largest empirical Rutgers,The State University of Chomsky’s book, Sale of Goods: Reading study ever undertaken of arbitration New Jersey School of Law, Camden and Applying the Code (with Christina awards in discipline and discharge The Citizen and the Alien: Dilemmas Kunz) was published by West cases.The two-year project, which will of Contemporary Membership Group/Thomson in July.The book examine the decisions of Minnesota offers a problem-based approach to arbitrators in public and private sector 18 Professor Nomi Maya teaching Article 2 of the Uniform cases, is designed to assess the validity Commercial Code, emphasizing read- of widely-held assumptions about the Stolzenberg, University of South- ing and interpretation of the Code factors that affect the outcome of arbi- ern California Law School itself rather than reliance on judicial tration awards. In September Professor Introduction:The Paradox of Tolerance interpretations. In addition to stream- Cooper submitted the manuscript for lining and improving the problems the second edition of her co-authored DECEMBER contained in the first edition, the new textbook, ADR in the Workplace, to be 2 Visiting Professor Kirsten edition incorporates text and problems published by West in 2005. In October, Matoy Carlson, University of focused on the revisions to Article 2 she chaired a conference in Chicago of Minnesota Law School adopted by the American Law Institute The Labor Law Group that brought Does Constitutional Change Matter? and the National Conference of together labor and employment law Commissioners on Uniform State academics and practitioners to redefine Assessing the Impact of the Laws in 2003. what law students should learn about Constitutional Recognition of Aboriginal labor law and how the subject should Rights on the Litigation of Aboriginal be taught. Title Claims in Canada BRADLEY G. CLARY Professor Clary has become President of the Association of Legal Writing BARRY C. FELD Directors for a one-year term ending Professor Feld published “Competence, in July, 2005. He has also been named Culpability, and Punishment: Implica- to the Vaughan G. Papke Clinical Pro- tions of Atkins for Executing and Sen- fessorship in Law, for a two-year term tencing Adolescents,” Hofstra Law ending in June, 2006. He continues to Review (2004), which is cited in amicus
Law Alumni News o FALL 2004 7 Faculty R&D
MARY LOUISE SUSAN D. FRANCK DANIEL J. GIFFORD OREN GROSS FELLOWS
briefs filed in conjunction with the Institute on Estate Planning, a presen- Supreme Court’s reconsideration dur- tation on estate tax issues at the 63rd Dorsey & Whitney ing the 2004–05 Term of the constitu- Annual Tax Institute sponsored by the Professorship in tionality of executing juveniles in Minnesota State Bar Association Con- Roper v.Simmons. In addition,West tinuing Legal Education and its Tax Law Lecture recently published the second edition Section, and a speech entitled “Æthel- PROFESSOR FIONNUALA NÍ of Feld’s Cases and Materials on Juvenile gifu’s Will:A Scion of Christian AOLÁIN delivered a lecture on Justice Administration (2005) and the Images” at the Conference on Text and September 21 entitled “Beyond accompanying Teacher’s Manual. In Image in Medieval England in honor Dealing with the Past:A Critical April, 2004, he gave the plenary of Calvin B. Kendall. She also organ- Assessment of Justice in Times of address to the meeting of the Ohio ized and moderated a symposium, Juvenile Defender’s Association on “Soundings from the Gaps:Theorizing Transition” upon her appointment “The politics of race and juvenile jus- and Teaching Women Writers of to the Dorsey & Whitney Profes- tice.” Feld recently was appointed to Color,” which Voices from the Gaps, a sorship in Law.The Dorsey & Whit- the Girls Study Group, a three-year website providing information about ney Professorship was established project funded by the Office of Juve- the lives and work of women of color in 1986 by the law firm of Dorsey nile Justice and Delinquency Preven- writers, sponsored. She has just com- & Whitney LLP to support a schol- tion, U.S. Department of Justice, to pleted four years as co-director of this ar of international renown at the examine the impact of gender on juve- website. Professor Fellows currently is Law School. nile justice administration. completing her work on her doctorate in English at the University of Min- nesota. She is writing a cultural study Professor Ní Aoláin is concurrently MARY LOUISE FELLOWS of a late tenth-century will of a the Dorsey & Whitney Professor in Professor Mary Louise Fellows com- wealthy English woman. Law and a Chair in Law at the Uni- pleted her work as Reporter on the versity of Ulster's Faculty of Law in Report on Reform of Federal Wealth SUSAN D. FRANCK Belfast, Northern Ireland. She is Transfer Taxes.The American Bar also co-founder and Associate Association’s Section of Real Property, Professor Franck joined the faculty as a Probate and Trust Law,The American Visiting Associate Professor. Her article, Director of the Transitional Justice Bar Association’s Section of Taxation, “The Legitimacy Crisis in Investment Institute at the University of Ulster. The American College of Tax Counsel Treaty Arbitration: Privatizing Public Professor Ní Aoláin received her and the American College of Trust and International Law Through Inconsis- LL.B. and Ph.D. in law at the Estate Counsel along with several tent Decisions,” will be published by Queen’s University Law Faculty in other organizations contributed the Fordham Law Review in March Belfast, Northern Ireland. She also resources and personnel to the devel- 2005 and has been submitted to the holds an LL.M. degree from Colum- opment of this report. It analyzes the U.S.Trade Representative, the U.S. 2001 changes to federal transfer taxes Department of State’s Office of the bia Law School. Professor Ní Aoláin and considers alternative approaches. Legal Advisor and Senator Max Baucus was a Visiting Professor at the Uni- She also published a 2004 Supplement, for consideration in conjunction with versity of Minnesota Law School in Law and Violence Against Women with the United States’ obligations to create 2003–04 and joined the faculty this Professor Balos, which updates the an appellate body for investment treaty fall. Her teaching and research casebook to include important devel- arbitration. Professor Franck will be interests are in the fields of inter- opments in the area of sexuality, batter- speaking about investment arbitration national law and human rights law. ing, sexual harassment, rape, and prosti- at the UC-Davis School of Law’s Sym- She has published extensively in the tution. Over the last year she has made posium on Romancing the Foreign a number of speeches, including a Investor BIT by BIT in March 2005 fields of emergency powers, conflict panel presentation on Report on the and the American Society of Interna- resolution, and sex-based violence Task Force on Federal Wealth Transfer tional Law’s 7th Hague Joint Confer- in times of war. Taxes at the 38th Annual Heckerling ence on Contemporary Issues of Inter-
8 Law Alumni News o FALL 2004 national Law at The Hague in July Oxford University Press); and “Provid- 2005. Professor Franck has also written ing for the Unexpected: Constitutional a piece entitled,“A Survival Guide for Emergency Provisions” Israel Yearbook of Small Businesses:Avoiding the Pitfalls Human Rights. In addition he has sever- in International Dispute Resolution,” al articles and book chapters forthcom- which will be published in the Min- ing:“Martial Law, State of Siege and nesota Journal of Business Law and Entre- the Fight Against Terrorism: Discretion, preneurship later this year. Regulation, and Emergency Powers Across the English Channel;” DANIEL J. GIFFORD “Leviathan’s Prerogative:What Can We Learn from Hobbes’ and Locke’s Theo- In June, Professor Gifford presented a ries of Emergency Powers?” and “The paper entitled “Imprecision and Fence and Self-Defense: International Incompatibility in Competition Laws Law and the War on Terror.” In in Chalkidiki, Greece,” at a conference December 2003 he presented a paper hosted by the University of Athens and “Counter-Terrorism and Law: Histori- the Athens Institute for Education and cal and Comparative Lessons” at the Research.That paper will be published Miller Center of Public Affairs, Uni- in the Conference Proceedings. Profes- versity of Virginia, in a workshop on The William B. sor Gifford has been participating in “Civil Liberties In Times of Stress:The the Sedona Conference Working USA PATRIOT Act, Its Precedents, Lockhart Lecture Group on the Role of Economics in and Their Consequences.” In January PROFESSOR MARY ANNE CASE Antitrust Law. During the spring, he 2004 he presented a paper on the pro- delivered the William B. Lockhart was the leader of a subgroup on the hibition of torture in a conference lecture on October 26.The lecture Use of Economic Evidence and Testi- organized by the Journal of Law and mony in Analyzing and Classifying was entitled,“Marriage Licenses.” Inequality at the University of Min- Commercial Arrangements. In May, the This annual lecture honors William nesota. In February he participated in subgroups met to assess their work B. Lockhart, who served as Dean of the highly prestigious Brennan Center products at a conference held in Jorde Symposium at the University of the University of Minnesota Law Sedona. Professor Gifford is now lead- California at Berkeley. In March he School from 1956 until 1972. ing the team that is providing the presented a paper in the Georgetown Introduction for the Working Group University Law Center Constitutional Professor Case is the Arnold I. report. In September, Professor Gifford Law Colloquium. In May he presented Shure Professor of Law at the Uni- presented a paper on patent policy at a paper in Onati, Spain in a conference the Annual Meeting of the Canadian versity of Chicago Law School on transitional justice. In June he took Law and Economics Association in where she teaches courses in femi- part in the second annual Holmes Toronto.Two of Professor Gifford’s nist jurisprudence, constitutional papers on intellectual property are Debates in the Library of Congress, law, European legal systems, and participated in the 20th Annual Philos- undergoing editing at law reviews. regulation of sexuality. Another paper that he and Humphrey ophy Conference of the Shalom Hart- Institute Professor Robert Kudrle have man Institute in Jerusalem, Israel on “Repentance and Forgiveness in Jew- Professor Case received her B.A. authored has recently been accepted from Yale University and her J.D. for publication by the Antitrust Law ish Tradition and Contemporary Phi- Journal. Professor Gifford is currently losophy” and presented a paper at a from Harvard Law School. She also working on a book on labor policy. conference on comparative anti-terror- studied at the University of Munich, ism law and policy, hosted by the and litigated for the firm of Paul, National University of Singapore. In Weiss, Rifkind,Wharton and Garri- OREN GROSS October, he presented a paper at a son in New York.She was the Class conference on the “Migration of Con- Professor Gross was appointed as the of 1966 Research Professor of Law Vance K. Opperman Research Scholar stitutional Ideas” at the University of in 2003 and Julius E. Davis Professor of Toronto Faculty of Law, and was invit- at the University of Virginia before Law in 2004. He became the second ed to a conference on justice and glob- joining the University of Chicago director of the Center for Legal Stud- al politics at the Social Philosophy and Law School Faculty in 1999. In the ies, succeeding Professor Dan Farber. Policy Center at Bowling Green State spring of 2004, Professor Case was Professor Gross recently completed University in Ohio. During Spring and the Bosch Public Policy Fellow and three articles:“Are Torture Warrants Fall 2004, Professor Gross ran the Law a recipient of the Berlin Prize at Warranted?: Pragmatic Absolutism and School’s Faculty Works-In-Progress the American Academy Berlin. Official Disobedience,” Minnesota Law seminar, bringing to the law school Review;“The Prohibition on Torture many leading legal (and non-legal) and the Limits of the Law” (a chapter scholars. He made a number of media in a book on torture published by appearances, including PBS’ program
Law Alumni News o FALL 2004 9 Faculty R&D
JOAN S. HOWLAND PETER H. HUANG BRADLEY C. MAURY S. LANDSMAN JOHN H. MATHESON KARKKAINEN
on Religion & Ethics, discussing ethi- serve as a lead investigator with the PETER H. HUANG cal issues related to use of torture Project on Public Problem-Solving against suspected terrorists. Professor Huang completed revisions (POPPS), an interdisciplinary research of “Moody Investing and the Supreme collaboration on innovative forms of Court: Rethinking Materiality of public governance that includes schol- JOAN S. HOWLAND Information and Reasonableness of ars at Columbia, Harvard, Berkeley, and Professor Howland recently published Investors,” forthcoming in Sup. Ct. Minnesota. Professor Karkkainen pre- an article “Let’s Not ‘Spit the Bit’ in Econ. Rev. (2005) and of “Regulating sented a paper entitled “Information- Defense of ‘The Law of the Horse’: Irrational Exuberance and Anxiety in Forcing Environmental Regulation: The Historical and Legal Development Securities Markets,” forthcoming in Penalty Defaults, Destabilization of American Thoroughbred Racing The Law and Economics of Irrational Rights, and Environmental Gover- Law” in the Marquette Sports Law Behavior. Both papers are part of an nance” at a conference on “New Gov- Review. She presented a paper at the ongoing research project about emo- ernance and Constitutionalism in 2004 Sovereignty Symposium, spon- tions and the law. He is presenting the Europe and the U.S.” held at Cam- sored by the Oklahoma Supreme first paper at the Securities Regulation bridge University (UK).A revised ver- Court, entitled “The Best of Times panel,Association of American Law sion of that paper will be published as and the Worst of Times:American Schools Annual Meetings, San Francis- a book chapter in an edited volume of Indian Communities, Sacred Knowl- co (Jan. 6, 2004). Professor Huang also the conference proceedings. Professor edge, and the Internet.” Professor co-authored “The Unexpected Value Karkkainen’s other recent publications Howland presented a paper at the of Litigation,”Working Paper No. 292, include “Post-Sovereign Environmental American Library Association 2004 Olin Program in Law and Economics, Governance” in the social science Annual Conference on “Diversity, Stanford Law School (with Professor journal Global Environmental Politics; Mentoring, and Leadership:The Essen- Joseph A. Grundfest). Professor Huang “Whither NEPA?” in the New York tial Trinity for Librarianship in the 21st is presenting this paper at the Faculty University Environmental Law Journal; Century.” In December she will speak Works-In-Progress, University of Min- “Marine Ecosystem Management and at the University of British Columbia nesota Law School; the Olin Confer- ‘Post-Sovereign’Transboundary Gover- on issues associated with indigenous ence on Real Options and the Law, nance,” in the San Diego International populations, libraries, and cultural University of Virginia Law School; and Law Journal (forthcoming);“‘New preservation. Professor Howland also at the Hoover Institution on War, Rev- Governance’ in Legal Thought and in has been asked to participate in a con- olution, and Peace, Stanford University. the World: Some Splitting as Antidote sortium of Latin American indigenous He spoke on a panel about “Decision to Overzealous Lumping,” in the Min- communities to develop strategies Making and Risk in Free Enterprise” nesota Law Review (forthcoming); and a related to libraries and technology. at the Behavioral Building Blocks of book chapter,“Transboundary Ecosys- Free Enterprise Symposium, Gruter tem Governance: Beyond Sovereign- Professor Howland continues to serve Institute for Law and Behavioral ty?” in Public Participation and Gover- as a member of the American Bar Research, Squaw Valley, California and nance in International Watershed Manage- Association Section on Legal Educa- “Law and Economics: Reports on ment, published by the UNEP Press. tion and Admission to the Bar Com- Current Research,” at the Law, Behav- mittee on Accreditation and as a mem- ior, and the Brain Conference, Gruter ber of the Association of American Institute for Law and Behavioral MAURY S. LANDSMAN Law Schools Committee on Curricu- Research, Squaw Valley, California. Professor Landsman is working on a lum and Research. Professor Howland new empirical/substantive research also continues to serve as Treasurer and project on the response of judges to as an Executive Board Member of the BRADLEY C. KARKKAINEN biased language and conduct by wit- American Indian Library Association. Professor Karkkainen completed a six- nesses at trial. In addition, she co-chairs the Ameri- week term as Guest Investigator at the can Association of Law Libraries Woods Hole Oceanographic Institu- George Strait Minority Scholarship tion Marine Policy Center in Woods Committee. Hole, Massachusetts, and continues to
10 Law Alumni News o FALL 2004 FRED L. MORRISON FIONNUALA NÍ GREGG POLSKY MARY RUMSEY FERDINAND P. AOLÁIN SCHOETTLE
Tax Review paper at the American JOHN H. MATHESON FIONNUALA NÍ AOLÁIN Bar Association Tax Section’s Fall Professor Matheson chairs the Univer- Professor Ní Aoláin published a num- Meeting in Boston, Massachusetts in sity’s Professional Sports Counseling ber of articles in the Spring 2004 connection with his participation as a Panel, which assists the University’s including,“Enforcing Social and Eco- panelist in a program titled “AMT student-athletes in maintaining their nomic Rights at the Domestic Level – Truths and Fictions.” collegiate eligibility while preparing A Proposal” in the European Human for and making the transition to pro- Rights Law Review;“Looking Ahead: fessional sports careers.Among the Strategic Priorities and Challenges for MARY RUMSEY services performed by the Panel in the United Nations High Commis- Professor Rumsey, along with April advising student-athletes about a future sioner for Human Rights” in the Schwartz, won the 2004 Lexis/AALL professional career include providing Columbia Human Rights Review;“Map- Call for Papers Award for the article an outlook at a professional career, ana- ping Transitional Justice” in the Journal “Paper vs. Electronic Sources for Law lyzing the chance of being drafted and of Social & Legal Studies (co-authored Review Cite-Checking: Should Paper possible placement within that draft, with Campbell and Bell) and “Assess- Be the Gold Standard?,” to be pub- gathering information on league salary ing the Human Rights Dimensions of lished in the Law Library Journal in figures, helping in the selection and International Legal Responses to Sep- 2005. She also published “Strangers in interview process with prospective tember 11th” in the Israel Yearbook of a Strange Land: How to Answer For- agents looking to represent the stu- Human Rights. She participated in the eign Law Research Questions,” in dent-athlete, reviewing and negotiating Hartman Institute Annual Philosophy AALL Spectrum, and published book agent contracts in terms of percentages Conference in Jerusalem Israel on the reviews in Legal Information Alert, Law and guarantees, and helping to com- theme of “Forgiveness and Redemp- Library Journal, and the International plete all of the necessary forms and tion” in June 2004.She was the princi- Journal of Legal Information. In addition, applications for insurance against a dis- pal organizer of a conference entitled she gave two presentations at the abling injury. Professor Matheson, Children and Young Persons Rights American Association of Law Libraries together with co-author Phil Garon of and Advocacy in Times of Conflict and Annual Meeting; one focused on Faegre and Benson, also finished work Transition, which took place in Belfast, researching foreign law, and the other on the second edition of his two-vol- Northern Ireland in May 2004. She on researching international law relat- ume treatise, Minnesota Corporation Law was also principal organizer and partic- ing to HIV/AIDS. and Practice, to be published by West ipant in a conference entitled “Transi- Group. tional Justice—Northern Ireland and Beyond” which took place at the Insti- FERDINAND P.SCHOETTLE tute for the Sociology of Law in Professor Schoettle will retire from FRED L. MORRISON Onati, Spain. teaching at the Law School in June, Professor Morrison delivered a com- 2005. Schoettle hopes not to actually mentary on the development of new retire but to work in the East closer to rules of international law at an interna- GREGG POLSKY his family. He continues to focus on tional conference in Kiel, Germany, in Professor Polsky recently finished work problems of state and local taxation. November. He also gave a presentation on two co-authored law review arti- His new text book, over 800 pages, on the nature of international legal cles. One, to be published in the Min- State and Local Taxation:The Law and rules at the University of Kansas. nesota Law Review in April 2005, is Policy of Multi-Jurisdictional Taxation Among other duties this fall, he is pre- titled “Taxing the Promise to Pay.” The (LexisNexis 2003), thoroughly lays out siding over the selection of health ben- other,“Another AMT Abomination: both the law and some of the public efit plans for the 16,000 employees of The Impact on Certain Litigation policy economics of the subject. In the University. Expenses,” will be published in the addition in the past year or two he has Florida Tax Review in a volume devoted published a few articles and a book to the federal alternative minimum tax. chapter. Professor Schoettle will lead a Professor Polsky presented the Florida panel and also present a paper laying
Law Alumni News o FALL 2004 11 Faculty R&D
on Judicial Conduct. He was appoint- ed Chair of the ABA Section of Legal Education Taskforce to review the rules of procedure of the Section and as Chair of the Section’s Nomination Committee. He joined the Drake Uni- versity Board of Trustees this fall and became also the first public member of the American Board of Orthopedic STEPHEN M. SIMON DAVID STRAS E.THOMAS SULLIVAN Surgery.Although serving as Provost of the University, he continues as the Irv- ing Younger Professor of Law at the out a new very complex mathematical technologies related to the presentation Law School. Finally, he gave a lecture model for tax incidence at this year’s of evidence and limiting or providing to a delegation of World Trade Organi- National Tax Association annual meet- access to the audio portion of trials. zation officials from Zhejiang, China in ing which will be held in Minneapolis Professor Simon worked on complet- early summer on the topic of competi- this November. ing a major research project he is con- tion law and free trade issues. ducting examining the relationship between speed of adjudication and STEPHEN M. SIMON DWI recidivism. During the summer MICHAEL TONRY Professor Simon continues to be active of 2004 he also began another research A number of new books appeared in in clinical education, judicial education project investigating the effect, if any the first half of 2004: Thinking about and DWI law reform and research. between vehicle forfeiture and DWI Crime—Sense and Sensibility in American Professor Simon and his clinic students recidivism. Over the summer of 2004 Penal Culture (Oxford), Punishment and completed a busy spring semester Professor Simon completed the 2004 Politics—Evidence and Emulation in the involving numerous court appearance update of the book he co-authored Making of English Crime Control Policy by both prosecution and defense clinic with Professor Richard Frase and Mar- (Willan), Youth Crime and Youth Jus- students in courts throughout the met- tin Costello on Minnesota Misdemeanors tice—Comparative and Cross-national Per- ropolitan area. He taught a one-day and Moving Traffic Violations. spectives (editor with Anthony Doob, course on Ethics and the Practice of Chicago), and The Future of Imprison- Criminal Law at the annual CLE pro- ment (editor, Oxford). Professor Tonry DAVID STRAS gram offered by the law school in the gave a series of lectures on the Ameri- early summer. Professor Simon taught Professor Stras is active on two projects can legal system at the Faculty of Law a course on Trial Practice as part of the relating to the Supreme Court of the of the University of Lausanne in Law School’s summer school program. United States.The first is a short biog- March. He made a presentation to the At the request of the Education & raphy of Justice Clarence Thomas, newly appointed Sentencing Guide- Organization Development Division of which will be co-authored with Pro- lines Council of England and Wales in the Minnesota Supreme Court, Profes- fessor Jim Chen, for the Yale Biographi- July on “Critical Choices in Sentenc- sor Simon developed and implemented cal Dictionary of American Law (forth- ing Policy.” He gave a public lecture in a hearing management training pro- coming 2005).The second project will Nuremberg, Germany in June,“Why gram for Minnesota Child Support examine the continuing controversy Aren’t German Penal Policies more Magistrates during the winter and surrounding certain provisions of the Repressive?” In July he lectured to the spring of 2004. Professor Simon taught Antiterrorism and Effective Death Strategic Command Course of sessions on Evidence in the Court- Penalty Act of 1996, with particular Britain’s national police college in room with Judge James Morrow dur- emphasis on the statute’s treatment of Bramshill, on “Race, Ethnicity, and ing the General Jurisdiction Course fragmented Supreme Court opinions. Crime” and “The Politics of Crime offered for new judges from through- Control in England and Wales.” In June out the country at the National Judi- E.THOMAS SULLIVAN he gave a keynote address to the Inter- cial College in July and October of national Conference on Penitentiaries 2004. He conducted Judicial Trial Skills Professor Sullivan recently published and Punishment in London on “The Training programs for new Minnesota the 2004 Supplement to Private Future of Imprisonment?” In Septem- judges in June, July, and September at Antitrust Actions (with D. Floyd) and ber he gave public lectures in London the Law School.This program, which the 2004 Supplement to Antitrust Law, on “Punishment and Politics in Eng- all new Minnesota trial court judges Policy & Procedure (with H. land and Wales,” in Amsterdam on are required to participate in, intro- Havenkamp). He has begun research “The Limits of Cost-Benefit Studies in duces new judges to the skills neces- on a book on the subject of the doc- Assessing Programs for High-risk Chil- sary to conduct a fair and efficient trine of proportionality in the United dren,” and in Mexico City on “Punish- trial.With Gene Danilenko, Professor States, co-authored with Professor ment and Human Rights in Federal Simon helped implement the renova- Richard Frase. He has finished his Political Systems.” tion of one of the law school’s court- work as Chair of the Minnesota rooms to include a variety of new Supreme Court’s Advisory Committee
12 Law Alumni News o FALL 2004 KEVIN K.WASHBURN Professor Washburn continues to pur- sue his interest in criminal justice and Indian tribes. In April, Professor Wash- burn presented a paper entitled “American Indians, Crime and the Law: De-Colonizing Indian Country Criminal Justice,” at the Federal Bar Association’s 29th Annual Indian Law MICHAEL TONRY KEVIN K.WASHBURN DAVID S.WEISSBRODT Conference,Albuquerque, New Mexi- co,April 15–16, 2004. Professor Wash- burn also teamed up with several state larly with tribal officials right here in nation. Later in March he lectured on and tribal judges to present a CLE at Mondale Hall. During his research economic, social, and cultural rights as the University of St.Thomas Law leave, Professor Washburn has also pro- well as the human rights responsibili- School in April and at the State Bar duced the following articles forthcom- ties of businesses in several Italian Convention in Duluth in June on the ing for publication in the next few cities, including Bologna, Florence, recent adoption by the Minnesota months:“Reconsidering the Commis- Padua, Rome, and Turin.While in Supreme Court of a rule that provides sion’s Treatment of Tribal Courts,” Fed- Rome he testified before the Human the procedures for state courts when eral Sentencing Reporter (forthcoming Rights Committee of the Italian Par- considering whether to recognize February 2005);“The Mechanics of liament on the human rights responsi- judgments from tribal courts. During the Indian Gaming Management Con- bilities of businesses. In early April, the summer, Professor Washburn spent tract Approval Process,” Gaming Law Weissbrodt gave a presentation on U.S. two weeks teaching a course entitled Review (forthcoming Fall 2004);“Lara, attitudes towards economic, social, and “Race, Crime and the Law” at the Lawrence, Supreme Court Litigation cultural rights at an Austria-Minnesota University of Nebraska College of and Lessons from Social Movements,” colloquium at the University of Min- Law. He also taught a course at the Tulsa Law Review (forthcoming Fall nesota Law School. He then embarked National Judicial College in Reno, 2004) (Essay in Symposium on United on a four-month, round-the-world trip Nevada.This fall, United States Attor- States v. Lara, 124 S. Ct. 1628 (2004)), during which he gave lectures at ney Tom Heffelfinger, who shares a and “A Legacy of Public Law 280: Monash University Law School in strong interest in Indian country crim- Comparing and Contrasting Minneso- Melbourne and at the University of inal justice and chairs the Native ta’s New Rule for the Recognition of New South Wales in Sydney. In June American Issues Subcommittee of the the Tribal Court Judgments with the he taught at the United Nations Uni- Attorney General Advisory Commit- Recent Arizona Rule,” William Mitchell versity and Keio University in Tokyo. tee, invited Professor Washburn to Law Review (forthcoming Fall 2004) He also gave lectures to bar associa- chair a committee of academics who (Essay in Annual Symposium Issue tions in Kyoto and Tokyo as well as to will advise the Department of Justice Addressing Developments in Minneso- nongovernmental organizations in and United States Attorneys on poten- ta Law) (with Chloe Thompson). Pro- Tokyo and Colombo, Sri Lanka. In tial legislative improvements in the fessor Washburn also wrote a book July he taught a three-week human Indian country criminal justice system. chapter entitled “Tribal Voting Rights rights seminar for Masters students at On September 24, 2004, Professor and Election Law,” Chapter 4.06 of the University of Oxford. In early Sep- Washburn and U.S.Attorney Heffelfin- Felix S. Cohen’s Handbook of Federal tember,Weissbrodt helped to organize ger addressed the Federal Bar Associa- Indian Law (2005 Edition) and gave an opening presentation at a tion’s Annual Conference in Washing- (forthcoming). colloquium in New York City on dif- ton, D.C., on the subject of “Taking ferences between the U.S. and the Back Criminal Jurisdiction.”While on European perspectives on human research leave during the fall semester, DAVID S.WEISSBRODT rights. In mid-September Weissbrodt Professor Washburn presented a course Professor Weissbrodt is on sabbatical for testified before the Human Rights and entitled “Indian law for Tribal Offi- the calendar year 2004. During 2004 Humanitarian Aid Committee of the cials” in which he has brought in lead- he has been teaching and lecturing German Parliament in Berlin; he spoke ing Indian law experts from around the throughout the world. In February he about the human rights responsibilities country to teach Indian law concepts taught a human rights course for Jor- of businesses in the context of armed to officials from the Mille Lacs Band of danian Government officials in conflicts in Africa. During 2004 Weiss- Ojibwe Indians and the Shakopee Amman. In late February—early brodt has worked with Adjunct Profes- Mdewakanton Dakota Indian Com- March he presented lectures on the sor Laura Danielson (Class of 1989) on munity.This course, which was origi- rights of non-citizens to a conference the fifth edition of the Nutshell on nally suggested and encouraged by organized by the Open Society Insti- Immigration Law and Procedure.The Mille Lacs Band Chief Executive tute in Geneva, Switzerland, as well as manuscript they submitted to Melanie Benjamin, has given Professor at U.N. meetings of the Committee on West/Thomson takes into account the Washburn and interested law students Migrant Workers and the Committee large number of developments in the unusual opportunity to meet regu- on the Elimination of Racial Discrimi- immigration law since the brutal
Law Alumni News o FALL 2004 13 Faculty R&D
Affliated Faculty TIMOTHY R. JOHNSON Professor Johnson published a book, Oral Arguments and Decision Making on the U.S. Supreme Court, in May 2004 with the State University of New York Press. It appears in the SUNY series in SUSAN M.WOLF JUDITH T.YOUNGER TIMOTHY R. JOHNSON American Constitutionalism. In August Professor Johnson published (with Jason Roberts, University of Minneso- attacks of September 11, 2001.Weiss- Humanities (ASBH); the Editorial ta) “The Use of Presidential Capital brodt has also completed a final report Board of the Journal of Law, Medicine & During the Supreme Court Confirma- on the human rights of non-citizens Ethics; the University’s Stem Cell tion Process” in The Journal of Politics. for publication by the United Nations. Ethics Advisory Board; and the Ethics He has also had two articles accepted Committee of the Minnesota Partner- for publication:“Choosing Wisely: ship for Biotechnology and Medical Reassessing the Politics of Supreme SUSAN M.WOLF Genomics, University of Minnesota Court Nominations,” at Congress and Professor Wolf published an article on and Mayo Clinic. In addition to chair- the Presidency, and “Passing and Strate- “Law and Bioethics: From Values to ing the Consortium, named in 2003 as gic Voting on the U.S. Supreme Violence” in the Journal of Law, Medi- one of President Bruininks’s Interdisci- Court” at Law and Society Review.In cine & Ethics. She and three co-authors plinary Initiatives, Professor Wolf April, Professor Johnson presented a published a letter in JAMA on “Preim- directs the Joint Degree Program on paper,“The Origins of the Norm of plantation Testing to Produce an HLA- Law, Health & the Life Sciences.The Precedent on the U.S. Supreme Matched Donor Infant.” She complet- Consortium and Joint Degree Program Court” at the Midwest Political Sci- ed an article on “Physician-Assisted sponsored ten events in 2003–04, ence Association meetings, and in Sep- Suicide” forthcoming in Clinics in including a symposium on children’s tember he presented “Legal Argumen- Geriatric Medicine. She lectured at Yale environmental health to be published tation before the U.S. Supreme Court” Law School on “The Doctor-Patient in the Journal of Law, Medicine & Ethics at the American Political Science Asso- Relationship:An Unfinished Revolu- and a conference on “Intellectual ciation meetings.The National Science tion,” to be published in a collection of Property Rights for the Public Good: Foundation continued Professor John- articles in honor of Professor Jay Katz. Obligations of U.S. Universities to son’s grant,“ITR SCOTUS:A She also delivered Grand Rounds on Developing Countries” to be published Resource for Collaborative Research implications of the genomic revolution in MJLST. The Consortium and Joint in Speech Technology, Linguistics, at the Children’s National Medical Degree Program will again sponsor ten Decision Processes, and the Law,” for Center in Washington, DC, and pre- events in 2004–05 including a Lecture $42,054, and provided Johnson with a sented at the Annual Bioethics Retreat Series on Law, Health & the Life Sci- $6000 undergraduate research assistant in Virginia on the changed relationship ences; a Lunch Series on the Societal supplement. of law and bioethics. Due to her work Implications of the Life Sciences; a on an NIH-funded grant to the Uni- national conference and national sym- versity’s Consortium on Law and Val- posium; and the Deinard Memorial JANE E. KIRTLEY ues in Health, Environment & the Life Lecture on Law & Medicine, cospon- Professor Kirtley was awarded a $4,072 Sciences (which Professor Wolf chairs) sored by the Center for Bioethics. Speaker and Specialist Grant by the on the societal implications of haplo- U.S. State Department in February type mapping of the human genome, 2004 to support her travel to Tallinn, she participated in an NIH meeting of JUDITH T.YOUNGER Estonia in early March 2004, where the Genetic Variation Consortium in Professor Younger published “Light she delivered the keynote address,“Pri- Bethesda, MD. Professor Wolf became Thoughts and Night Thoughts on vacy: Bad News for the Press” at “Pri- Executive Editor of the new Minnesota American Marriage,” Law Alumni News vacy of Individuals and the Media,” an Journal on Law, Science & Technology (Spring 2004), participated in a Con- international conference sponsored by (MJLST), whose inaugural volume will ference on the “Balkanization of Dis- Estonian TV,and delivered a lecture at be published in December. Professor ability: Examining the Disparities” on Tallinn Pedagogical University on Wolf continues to serve on the Ethics October 15, 2004, a program in the media ethics. Other selected lectures Committee of the American Society President’s 21st Century Interdiscipli- included a presentation on comparative for Reproductive Medicine (ASRM), nary Conference Series, and is working media law systems at a workshop on playing a significant role in drafting on some articles on the confluence of transparency in news reporting spon- Committee position papers for publi- trust and family law. sored by the World Press Institute in cation in Fertility & Sterility. She also Minneapolis on June 22;“Post-9/11 serves on the Board of Directors of the and the USA PATRIOT Act” at the American Society for Bioethics & Minitex Library Information Staff Day
14 Law Alumni News o FALL 2004 BERNARD M. LEVINSON Professor Levinson has just published Recht und Ethik im Alten Testament (Münster/London: Lit Verlag, 2004). The volume contains articles by a dozen international specialists in reli- gious law and ethics, with sections on the Decalogue, on ancient legal JANE E. KIRTLEY ROBERT T. KUDRLE BERNARD M. hermeneutics, and on the relevance of LEVINSON ancient texts for contemporary social ethics. In collaboration with Douglas on June 16;“Freedom of the Press” at Edition and All Things Considered, Dance, one of his graduate students, the Rotary Club of Golden Valley on MPR’s Midday,WCCO Radio’s The Professor Levinson contributed to the June 15; the keynote address at the sec- Jack Rice Show, the syndicated radio volume an article on the transforma- ond annual meeting of South Dakotans program The Mike Gallagher Show, tion of the prestigious University of for Open Government on May 20; Access Minnesota, New Hampshire Jena, Germany into a “stronghold of “The Privacy Pretext” at the Universi- radio’s The Arnie Arneson Show, CHML National Socialism” during the period ty of Rhode Island on April 22; the (Hamilton, Ontario) Radio’s Roy Green of 1934–1945.The full range of aca- keynote address,“Secrecy, Security and Show, The Mitch Albom Show, and demic disciplines at the university was the First Amendment” at the Society CNN Radio. She was also quoted in compromised, from the Law School, of Professional Journalists Region 10 the New York Times, Washington Post, Los which developed courses in Race and Conference in Troutdale, OR on April Angeles Times, Boston Globe, Daily Stan- Law, to promote Nazi ideology, 17;“Democracies Die Behind Closed dard, Atlanta Journal-Constitution, Rocky through the Medical School, whose Doors: Secrecy and Other Threats to Mountain News, Austin American-States- students trained in pathology at Free Expression in the Wake of man, Las Vegas Review-Journal, Tacoma Buchenwald concentration camp, 9/11/01” at Suffolk University Law (WA) News Tribune, Cape Cod Chronicle, twenty miles distant.The focus of the School in Boston, MA on April 15; Governing magazine, Salon, and by article is the impact of these changes “Important Questions about Journal- CBS Marketwatch, Cox News Service, upon the biblical scholarship of Ger- ists’ Behavior” at the New England the Associated Press, and Reuters hard von Rad, and the way that he Newspaper Association Spring Publish- News Service. conceptualized law. Making use of new ers’ Conference in Boston, MA on archival material available only since March 25; and “Television and 1989, the article is entitled,“The Democracy” at the University of Min- ROBERT T.KUDRLE Metamorphosis of Law into Gospel: nesota’s “Great Conversations on the Professor Kudrle is working with rep- Gerhard von Rad’s Attempt to Road” in Naples, FL on March 6. resentatives from Europe,Asia, and Reclaim the Old Testament for the Assisted by University of Minnesota Latin America to organize the first Church.” Professor Levinson also pub- law student and Silha Research Assis- research conference of the World Inter- lished a lengthy article on the dating of tant Andrew Deutsch, she prepared and national Studies Committee to be held the legal material of the Covenant filed comments on the Proposed Rules in Istanbul in August of 2005.The new Code (Exodus 21–23), showing its of Public Access to Records of the group is a consortium in which the relation to ancient Near Eastern law Judicial Branch with the Minnesota U.S.-based International Studies Asso- (Hammurabi’s Code).This article is Supreme Court on September 2, and ciation and the European Consortium entitled,“Is the Covenant Code an on the Department of Homeland for Political Research are the largest Exilic Composition? A Response to Security’s interim final rule on sensi- components. Professor Kudrle contin- John Van Seters,” in In Search of Pre- tive security information on July 16. ues his competition policy work with Exilic Israel: Proceedings of the Oxford Old Professor Kirtley also appeared on Professor Daniel Gifford, and their arti- Testament Seminar (John Day, ed. 2004). numerous panels, including “Fair Press cle “Competition, Efficiency, and Wel- Over the summer, he gave an invited versus Free Trial” at the 2004 Society fare in the Merger Standards of the plenary lecture at the XVIIIth Con- of Professional Journalists National United States, Canada, and the Euro- gress of the International Organization Convention in New York on Septem- pean Union” will appear in the for the Study of the Old Testament, ber 11, and “Contemporary Libel Law Antitrust Law Journal later this year. He Leiden, Netherlands (August 2004), and the Legacy of New York Times v. joined several colleagues in writing where he spoke on the need to rethink Sullivan” and “A Conflict of Laws: tributes to the late Professor Robert existing models for the composition American Media Coverage of Canadi- Hudec with “Original Approach and and dating of the Pentateuch, and the an Crimes” at the annual Association Original Insights” in the Minnesota importance of law for stimulating new for Education in Journalism and Mass Journal of Global Trade, Spring 2004. He approaches to these issues. Last spring Communication convention in Toron- also published “Globalization by the he presented “The Case for the Pre- to, Canada on August 6–7.Among her Numbers: Quantitative Indicators and Exilic Composition of the Covenant numerous media interviews, Professor the Role of Policy,” International Studies Code’s Altar Law” at the Upper Mid- Kirtley appeared on NPR’s Morning Perspectives,Vol. 5, No.4, 2004. west Regional Meeting of the Ameri-
Law Alumni News o FALL 2004 15 Faculty Focus
NEW FACULTY Three new faculty members appreciate the Law School’s collegial atmosphere Kristin E. Hickman She will use her combined expertise to teach both tax and administrative Kristin Hickman had been working as C. FORD RUNGE MAHMOOD A. ZAIDI law. Prior to taking the faculty posi- a certified public accountant for five tion, she clerked for Judge David Sen- years when she enrolled in Northwest- telle at the United States Court of ern University’s School of Law in can Academy of Religion, Society of Appeals for the District of Columbia 1996.Though she’d been drawn to Biblical Literature, and American Circuit, practiced at Skadden,Arps, accounting since childhood, she’d Schools of Oriental Research, St Paul, Slate, Meagher & Flom in Chicago, somehow always known it wouldn’t be MN (April 2004). and was a visiting associate professor at her life-long profession. Northwestern University for the 2003 academic year. C. FORD RUNGE “My dad was a banker,” Hickman Professor Runge is Distinguished recalls,“and when I was in elementary Hickman opted to take the faculty McKnight University Professor of and junior high school, my mom went position after visiting the Law School Applied Economics and Law. He serves to school to become a CPA. I saw her with her husband,Trey, an independ- as director of the Center for Interna- enthusiasm when she was studying and ent computer consultant, and enjoying tional Food and Agricultural Policy at I was really inspired by that. In some a warm welcome from faculty and the University of Minnesota. In ways it seemed like working with taxes staff.“I was looking for a tenure track August, his co-authored book, Ending was in my genes. But I always imag- position, so the University was appeal- Hunger in our Lifetime: Food Security and ined I’d end up doing something other ing for that reason,” she says.“But Globalization, won the Quality of than accounting, eventually.” Communication award from the then we got here and everyone was so welcoming and kind.We had break- American Agricultural Economics Her suspicions proved true when, a few fasts, lunches, and dinners with faculty Association. In November, he pub- years into her accounting career, she members and their spouses.A few lished “Enclosure, Intellectual Property became interested in pursuing a career junior faculty even and Life-Sciences Research” in The in tax law.“There are so helped me prepare for Journal of World Intellectual Property. many limitations placed my job talk and I on you when you are an thought, if they are this accountant and not a MAHMOOD A. ZAIDI willing to help me with lawyer,” she explains.“I my interview, this will be Under a grant from the Andrew W. saw a lot of the legal a wonderful and collegial Mellon Foundation, Professor Zaidi work that was being done place to work and I want continues to study management educa- for my clients and I to be here.” tion in transition economies.The first thought I could do a bet- book, Polish American MBA at the ter job, so I decided to go Though they liked living Warsaw School of Economics: Lessons to law school.” Learned from an International Partnership in Chicago, Hickman and her husband are published previously under this project In 2001 Hickman collab- enjoying their new home, a 1921 Arts was a case study. He is now preparing orated with Thomas Merrill, one of & Crafts prairie-style four square, in a monograph on the social, political, her law professors at Northwestern, on the Summit Hill neighborhood in St. legal and economic context of man- an article called Chevron’s Domain.The Paul.“It’s something of a fixer-upper,” agement education in Poland. It is an article identifies 14 unresolved ques- Hickman says, adding that she and empirical study and is expected to be tions regarding the scope of the Trey spend their free time working on ready for publication sometime during Chevron doctrine and proposes a the house and playing with their this academic year. Professor Zaidi is framework for their resolution.The infant son, Charles.“We love food, also doing research on global outsourc- article was published in the Georgetown wine, and opera and we hear those ing. Its focus is on a critical examina- Law Journal and also was cited by the tion of the available evidence on the U.S. Supreme Court in United States v. things are great here,” she says.“But extent of global outsourcing and its Mead Corp. Hickman’s current research right now we’re having fun just being possible impact on firms competitive- examines Mead’s application in the home with Charles.” ness, employee jobs, consumer prices tax context. and the countries living standards Peter H. Huang overtime. o This fall, Hickman joined the Law As Peter Huang puts it:“I came to law School faculty as an associate professor. school late in life.”After graduating
16 Law Alumni News o FALL 2004 Faculty Focus from Princeton in 1976 slower than they do on Stras earned both his law degree and and moving on to Har- television.” MBA from the University of Kansas in vard to earn a master’s 1999.While in school, he served as a degree and then a Ph.D. Huang is currently writ- summer associate for law firms in in applied mathematics, ing two chapters for a Washington, D.C.; Kansas City, Mo.; Huang taught economics book on law and popular Wichita, Kan.; and New York.In 2001 at a long list of schools culture. He is one of 11 he was an associate at the Washington, including: Stanford, law professors contribut- D.C. law firm of Sidley,Austin Brown UCLA, the University of ing to the book, which & Wood LLP,where he worked on Iowa,Tulane University, will be published in cases involving appellate and white- and the University of about two years. He also has two collar criminal litigation. California at Berkeley. forthcoming scholarly articles. One piece is on securities regulation and In addition to clerking for Clarence Having such an extensive economics emotions.The other is on the social Thomas, Stras also clerked for Judge J. background, it would have made sense psychology of investment decisions. Michael Luttig in the United States for Huang to pursue a law degree so Court of Appeals for the Fourth Cir- he could go into anti-trust law. But that He opted to take the faculty position cuit in Alexandria,Va., and Judge was not where his interest lay.“I’ve at the University after coming here in Melvin Brunetti in the United States always been interested in the behavioral February to give a talk on Supreme Court of Appeals for the Ninth Circuit side of economics,” he says.“The more Court cases.“I liked the collegial envi- in Reno, Nev.“I think it was my three I became involved with economics, the ronment here right away,” he says. years clerking in the federal court sys- more I thought about ways we should, “People seemed really interested in tem that got me interested in teaching perhaps, be better regulating the emo- hearing about my work, which I know federal courts,” Stras says.“I just natu- tional side of securities. By way of is not traditional at law schools.” rally gravitated toward that area.” example, he points to the recent trou- bles of Google execs who made the Huang is joined in Minnesota by his He is currently working on two arti- mistake of talking to Playboy about fiancée Gloria Diaz, an obstetrician. cles, which he hopes to publish in their upcoming initial public offering For now they are renting an apartment scholarly journals.“One has to do with during the quiet period. in St.Anthony’s Park and plan to the Supreme Court and the other is house hunt in the coming months. about a federal jurisdiction question,” “We have the quiet period because we he explains. don’t want people getting all excited David Stras about something and jumping to invest Stras moved to Minnesota with his David Stras joined the Law School fac- without really thinking about it,” wife, Heather, a geriatric social worker, ulty this fall after spending the 2003 Huang explains.“If you think about it, and their four-year-old son, Brandon. academic year as a Hugo Black Faculty there are lots of areas where regula- Though they’ve only been here a few Fellow teaching federal courts and law tions could help better protect people months and are just getting settled into and economics at the University of who get caught up in the emotional their Plymouth home, Alabama School of Law side of things.” they’ve already made in Tuscaloosa. their way to two Min- Huang, who earned his law degree nesota staples, the state In addition to teaching from Stanford in 1997, was an assistant fair and a Twins game. federal courts at the Uni- professor of law at Penn State for seven “We love the lakes and versity, Stras—who is an years before joining the Law School as the outdoor activities,” associate professor—will an associate professor this fall. Stras says.“We’ve never be teaching a course in lived in a place like this criminal law this spring. He is teaching a course in federal secu- where there’s so much He is also conducting a rities regulation, as well as a seminar for families to do.” called Law and Popular Culture.The Supreme Court seminar based on his experience purpose of the seminar, he explains, is Life at the University has as one of four clerks to look at how the legal system is por- been an equally positive experience.“A working for United States Supreme trayed in popular culture to help law lot of professors have stopped by my Court Justice Clarence Thomas during students understand how real-life law office to ask if I needed help with any- October Term 2002.“It was a great differs from fiction.“People see a lot of thing,” he says.“There’s such a sup- experience to work for him,” Stras movies and TV shows that portray the portive environment here among fac- recalls.“It was fascinating to be part of legal system in a certain way, so they ulty. I really appreciate that.” o think that’s how it works,” Huang says. the Supreme Court process and I really “This seminar is fun and it helps law enjoyed how he would light a fire in By Meleah Maynard. Maynard is a students learn ways to explain to clients his office and we [Thomas and all four Minneapolis-based freelance writer and 1991 how the system really works. For clerks] would gather around and talk graduate of the University of Minnesota. example, things move much, much about cases.”
Law Alumni News o FALL 2004 17 Faculty Focus
Professor Karkkainen with daughters, Emma and Sophie.
Julius E. Davis Chair in Law Oren Gross and Bradley C. Karkkainen
reception was held on Tues- Recent and past recipients of the Julius E. day, October 19 at the Min- Davis Chair in Law with Dean Alex M. neapolis Club honoring Johnson Jr. and Mrs. Julius Davis. Mrs. Julius Davis and Professor Gross Oren Gross and Bradley C. AKarkkainen, who share the Julius E. Davis Chair in Law.The first chair in the rank of Professor. Professor social science journals. Professor the Law School was established in Karkkainen teaches courses in environ- Karkkainen holds a B.A. in Philosophy 1980 in memory of Julius E. Davis, a mental law, international environmen- (1974) from the University of Michi- well-known Twin Cities lawyer and tal law, natural resources law, water law, gan, and a J.D. (1994) from the Yale civic leader.The Julius E. Davis Chair land use, property, administrative law, Law School. In 1994–95, he clerked rotates among the faculty on an annual and regulatory theory. He is the author for The Honorable Patricia M.Wald on basis and each academic year, a faculty of numerous monographs, book chap- the United States Court of Appeals for member is chosen to hold the Chair in ters, and articles in leading legal and the District of Columbia Circuit. o recognition of excellence in teaching, research, and scholarship. Now is the time to talk to your Professor Gross is an expert in interna- tional law, national security law, and organization about participating in the international trade and has published Career Services Office’s On and Off-Campus widely in the areas of International Interview Programs next fall. Law and Trade, National Security, Comparative Law, and International University of Minnesota students interview with employers in late Organizations. Professor Gross holds an August at programs held in four different locations throughout the LL.B. degree (magna cum laude) from Tel Aviv University, and obtained both United States: Chicago, IL; New York, NY;Washington, DC; and Los his LL.M. and S.J.D. degrees from Angeles, CA. In addition, starting in early September, the Law School Harvard Law School while a Fulbright hosts over 300 employers who wish to meet with students on Scholar. campus. Help build a strong connection to your alma mater by encouraging your organization to meet and hire University of Professor Karkkainen is a nationally Minnesota students through one of these programs. recognized authority in the fields of environmental and natural resources Information on registering for the U of MN’s On and Off-Campus Interview law.After visiting at the University of Programs will be available starting in January on the Law School website: Minnesota in the fall of 2003, Professor www.law.umn.edu/cso/employers.html or contact John Malecha, Employment Karkkainen joined the University of Manager, at 612-625-1866 (tel.) or [email protected] Minnesota faculty in January 2004 at
18 Law Alumni News o FALL 2004 Faculty Essay Copyright and the Court
BY RUTH L. OKEDIJI, WILLIAM L. PROSSER PROFESSOR OF LAW*
Introduction normative bias in considerations of how best the public interest might be served ongress’s mandate to advance by the design of copyright law.The public welfare by granting, imprecise limitations derived from the for limited times, exclusive Constitution’s mandate to “promote rights to authors over their progress” have been transformed by creativeC expression suggests a significant courts into specific limitations on the legislative role in the definition of copyright grant such as the copyright policy.And indeed, in the idea/expression dichotomy, the fair use highly publicized case of Eldred v. doctrine, scenes a faire and the merger Ashcroft,1 judicial deference to congres- doctrine.Two of these judicially created sional prerogative over copyright policy limitations, the idea/expression is plainly evident. In Eldred, the dichotomy and the fair use doctrine, Supreme Court ruled that a twenty- have long been codified in the Copy- year extension of the copyright term right Act.5 The idea/expression was consistent with the limits imposed dichotomy has also become a principle on Congress’s power by the Intellectual of international copyright law.6 Further, Property Clause of the Constitution.2 RUTH L. OKEDIJI courts have manipulated the standards The Court declined to second-guess of originality and authorship to con- the institutional competence evinced by passage of the strain claims that might impede copyright’s broad public Copyright Term Extension Act (CTEA),3 and analyzed the purpose by deterring subsequent creators, such as in the constitutionality of copyright term extension under the higher standard of originality used for derivative works,7 or low threshold of the rational basis test. Despite the Court’s in devising tests for infringement that consider only the posture of deference to Congress, Eldred stands out as a original contributions of an author rather than the alleged- case which wrested copyright law from the realm of spe- ly infringed work as a whole. cialized legal expertise and engendered a cultural move- ment that reduced the complex rules of copyright duration Throughout the history of copyright law in the United to a simple call to “Free the Mouse.”4 The extensive public States, the lower courts have been actively engaged in interest and involvement in the Eldred case, and the Court’s defining and maintaining the delicate balance between the historical role in safeguarding the constitutional purpose of rights of owners and the interest of the public in access to the copyright system, compel reconsideration of what creative goods.The Supreme Court was an integral part of Eldred and other cases portend for the future of domestic designing and sustaining the public interest equilibrium that copyright policy in a global environment. developed from a rigorous application of the early copy- right statutes.As in Eldred, courts in the nineteenth century The Way of “Progress”—Through were very literalist in their interpretation of the Copyright Act and in the evaluation of congressional discretion exer- the Courts cised to address new technologies.The nineteenth century The propensity to cast Eldred as a case of constitutional copyright cases reflect the courts’ struggle to draw distinc- interpretation by a neutral, deferential Court obscures the tions between the scope of congressional power and the traditionally significant role of the judiciary in infusing the means prescribed by Congress pursuant to the Constitu- standard of “progress” with substantive content.The pur- tion.8 The two were distinct in the eyes of the judiciary, and pose-driven constitutional clause has historically been ani- careful deference to the means was characteristic of the mated primarily by the courts, whose interpretation of the courts once there was satisfaction with the constitutionality copyright scheme necessarily admits varying degrees of of the legislation.As one judge expressed,“[u]ndoubtedly a
Law Alumni News ♦ FALL 2004 19 Copyright and the Court
large discretion is lodged in the congress with respect to the reason for eliding substantive analysis of the social welfare subjects which could properly be included within the con- effects of term extension, the Court in Eldred failed to stitutional provision; but that discretion is not unlimited. It engage in its most formidable and necessary task, namely is bounded and circumscribed by the lines of the general determining the appropriate scope of congressional powers object sought to be accomplished.”9 For example, in Clayton consistent with the basic premise of the Intellectual Prop- v.Stone & Hall,10 the court denied the copyrightability of a erty Clause.18 daily publication of current market prices.11 The court looked first at the Constitution to determine what was pro- A Balanced Deference tectible, and held that since the statute in question was The new jurisprudence of deference by the Supreme passed pursuant to the constitutional imperative, copyright Court dispenses with the fundamental problem of delin- protection had to be consistent with the promotion of sci- eating institutional roles by treating as one and the same ence.According to the court “it would certainly be a pretty the constitutional objective and the means by which Con- extraordinary view of the sciences to consider a daily or gress chooses to exercise its authority. I want to suggest, weekly publication of the state of the market as falling however, that the literalism employed through the early within any class of them….The act of Congress is ‘for the twentieth century is fundamentally at odds with the literal- encouragement of learning,’ and was not intended for the ism at issue in Eldred.The “old” literalism was utilized in encouragement of mere industry, unconnected with learn- the efforts to create the public domain—to wrest copy- ing and the sciences….”12 right from claims of perpetual, absolute and impermeable control rooted in the common law and guild privileges In other cases involving photographs, copper plates, and that had preceded statutory copyright. In insisting that all new forms of creative endeavor, courts carefully considered copyright interests could flow only from Acts of Congress, whether the new mediums could plausibly constitute and in interpreting those Acts strictly against claims that, “writings” as required by the Constitution, and whether Throughout the history of copyright law in the United States, courts have been actively engaged in defining and maintaining the delicate balance between the rights of owners and the interest of the public in access to creative goods.
more often than not, sought to assert greater control or protection of these new works was consistent with advanc- privilege than recognized by the statutory language, the ing “progress.” Rarely was judicial examination casual or early courts were engaged in precisely the kind of substan- presumptuous, although at times it produced a rigidity that tive evaluation of the copyright scheme that the petitioners scholars eschew.13 The interpretation in Clayton might be in Eldred asked the Supreme Court to consider.The old an example of judicial inflexibility, but a similar approach literalism, combined with a willingness to seriously consid- was evident in the Supreme Court’s modern resoluteness er the meaning of the Intellectual Property Clause, sup- about digital technology in New York Times v.Tasini.14 In plied an important tool for establishing limits on copyright Tasini, the Court held that a publisher’s electronic repro- and on Congress. In sum, the foundation for a policy of duction and distribution of its periodical in a database balance between creators and the public, between incen- where users could access the articles individually, did not tives and access, was the product of a judiciary that actively constitute a “revision” under section 201(c) of the Copy- policed the boundaries of the requirement that copyright right Act. Indeed, the Court’s statutory literalism in Tasini is must promote progress. remarkably consistent with its historic treatment of new technology in White-Smith Publishing Co. v.Appollo Co.15 The copyright balance is usually represented as a tension There, the Court held that a player piano roll was not a between owners who want maximum protection for their “copy” of the musical composition it represented.16 creative works, and users who want access to the work at little or no cost. However, as some commentators have Even outside of the technology context, nineteenth and noted, the distinction between authors and users is more early twentieth century judicial interpretations were quite appropriately understood as a continuum of creative inter- literal, often drawing on historicism to constrain the opera- actions that transform authors into users and users into tion of the Copyright Act, particularly with respect to the authors at different points.19 When properly viewed in this basic right to copy.17 In this sense, Tasini and Eldred are light, copyright’s balance is not simply about curtailing ostensibly consistent with a historical pattern even if the Congress’s response to rent-seeking by the entertainment inquiry into the boundaries imposed by the Constitution industries, but about preserving the conceptual space nec- was not given sufficient attention by the Eldred Court. In essary to ensure that the public—comprising authors/own- deferring to the institutional competency of Congress as a ers and consumers—will always have the resources to cre-
20 Law Alumni News ♦ FALL 2004 Copyright and the Court ate new works.This conceptual space is most commonly allow restoration of copyright for the length of time that a known as the public domain, and its preservation was work would have been protected had it not lost its copy- squarely at issue in Eldred. In a recent post-Eldred decision, right status.30 The plaintiffs in Golan also argued that copy- Dastar v.Twentieth Century Fox,20 the Supreme Court right restoration restricted their right to free speech affirmed this important role of the public domain as an because they could no longer publish works in which integral part of copyright’s design when it referred to the copyright had been restored, and violated their due process “public’s federal right to ‘copy and to use,’ expired copy- rights under the Fifth Amendment by unfairly trammeling rights.”21 on their expectations to be able freely to use works already in the public domain.31 The district court allowed all but “Progress” under the Treaty Power? the term extension claim to withstand the government’s motion to dismiss.32 Importantly, the court held that the Eldred was not as surprising and outrageous as it was disap- plaintiffs’ First Amendment argument was adequately dis- pointing. Many may have underestimated the path- tinguished from the one made in Eldred, thus suggesting dependency created by previous term extensions,22 and by that it may apply a higher standard of scrutiny to assess the the increased internationalization of copyright relations constitutionality of Section 104A of the Copyright Act.33 which inexorably raises standards of protection worldwide. Although the court expressed some skepticism about the These two factors in themselves exert significant force in due process argument, it considered seriously the claim two areas of constitutional jurisprudence where the Court that copyright restoration was a violation of the Copyright is also fairly deferential, namely Congress’ authority pur- Clause. Citing the district court opinion in Eldred, the …the Court’s role in copyright cases also speaks to the balance between Congress’s authority over domestic copyright matters, and the exercise of the Treaty power to negotiate bilateral and multilateral copyright agreements that may coexist uneasily with established copyright doctrines. Given the global pressures that influence domestic copyright legislation it is high time to embrace the search for permanent principles of constitutional probity that will sustain the public interest underlying copyright law. suant to the Commerce Clause and the Executive’s exer- court noted that the Supreme Court’s precedent in Graham cise of the Foreign Affairs Power.23 This said, however, it v.John Deere34 would preclude Congress from extending should be noted that there are zones of constitutional sen- copyright to a work in the public domain.35 The weight of sitivity even in these traditional areas of deference. For the Court’s acknowledgment of the public domain in Das- example, judicial sensitivity to the Intellectual Property tar, the importance of historical practice emphasized in Clause is likely to be heightened significantly in instances Eldred, and the culture of strict interpretation all suggest where legislation that implements treaty obligations intro- that the constitutional challenge in Golan is more likely to duces new rights unfamiliar to, or in tension with, domes- meaningfully address the constitutional questions that tic copyright law.24 In my view, such cases offer a stronger many hoped Eldred would answer. basis for assessing the boundaries of congressional power under the Intellectual Property Clause.An important case Indeed, in a recent decision one court has flatly denied to watch in this regard is Golan v.Ashcroft.25 Congress’s ability to utilize the Commerce Clause to ratify a treaty that cirumvents the constitutional purpose of the In Golan, the plaintiffs who are artists and suppliers of art Intellectual Property Clause. In United States v.Martignon materials challenged the constitutionality of the CTEA and (2004 WL 2149105 (S.D.N.U.)), the court held that the the Uruguay Round Agreements Act (URAA).26 Section anti-bootlegging statute, inspired by U.S. ratification of the 514 of the URAA27 amended the Copyright Act by restor- Agreement on Trade-Related Aspects of Intellectual Prop- ing copyright protection to qualifying works of foreign erty Rights (TRIPs Agreement), is unconstitutional.The origin whose authors lost their U.S. copyrights for failure court reasoned that the statute violates the constitutional to comply with then-existing copyright formalities.28 Pur- requirements of fixation and limited duration found in the suant to the URAA, the Copyright Act was amended29 to Intellectual Property Clause. It concluded that “by virtue
Law Alumni News ♦ FALL 2004 21 Copyright and the Court
of the fact that it regulates unfixed live performances, the FOOTNOTES anti-bootlegging statute is not within the purview of Con- 1. 537 U.S. 186 (2003). gress’s... power.” 2. U.S. Const. Art. 1, Sec. 8. cl. 8.
3. Pub. L. No. 105-298, § 102 (b), (d), 112 STAT. 2827, 2827-28 Copyright and the Constitution (1998). The Court’s constitutional jurisprudence in copyright law, 4. In reference to the Disney Corporation’s support for the and intellectual property more generally, is increasingly CTEA. Paul M. Schwartz & William Michael Treanor, Essay, linked to other values particularly separation of powers. It is Eldred and Lochner: Copyright Term Extension and Intellectual not just the public interest that is at stake given the Court’s Property as Constitutional Property, 112 YALE L.J. 2331, 2333 repose in the copyright arena. Rather, the Court’s role in (2003). copyright cases also speaks to the balance between Con- 5. Copyright Act of 1976, Pub. L. No. 94-553, 90 STAT. 2451 (codi- gress’s authority over domestic copyright matters, and the fied at 17 U.S.C. 101-801 (2000)). exercise of the Treaty Power to negotiate bilateral and mul- tilateral copyright agreements that may coexist uneasily 6.Agreement on Trade-Related Aspects of Intellectual Property with established copyright doctrines.36 Given the global Rights,Apr. 15, 1994, Marrakesh Agreement Establishing the pressures that influence domestic copyright legislation37 it is World Trade Organization,Annex 1C, 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994),Art. 9(2). high time to embrace the search for permanent principles of constitutional probity that will sustain the public interest 7. See, e.g., Judge Posner’s opinion in Gracen v. Bradford Exchange, underlying copyright law. 698 F.2d 300 (7th Cir. 1983). 8. See, e.g.,American Tobacco Company v. Emil Werckmeister, 207 Conclusion U.S. 284, 291 (1907); Bleistein v. Donaldson Lithographing Company, 188 U.S. 239, 249 (1903); Higgens v. Keuffel, 140 U.S. lthough the explicit constitutionalization of 428, 430-431, 433 (1891);Thompson v. Hubbard, 131 U.S. 123, copyright matters has focused primarily on the 151 (1889); Banks v. Manchester, 128 U.S. 244 (1888);Wheaton nexus between copyright and the First Amend- v. Peters, 33 U.S. 591, 642 (1834). ment,38 recent emphases on other constitutional concernsA39 have been a central part of efforts to insulate 9. J.L. Mott Iron Works v. Clow et. al, 82 F.316 (1897). traditional copyright (and for that matter intellectual prop- 10. 5 F. Cas. 999 (C.C.S.D.N.Y. 1829) erty rights generally) from the rapid encroachment of 11. Id. at 321. greater propertization.40 This movement to preserve the public domain and the public interest in copyright policy 12. Id. at 320. has not always been accompanied by careful examination 13. See, e.g, Marshall Leaffer, Life After Eldred:The Supreme Court and of the ways in which the appeal to constitutional jurispru- the Future of Copyright 30 Wm. Mitchell L. Rev. 1597 (2004). dence in any number of areas might actually affect or 14. 533 U.S. 483 (2001). influence the Court’s examination of intellectual property policy, nor of how they should.With the explicit politiciza- 15. 209 U.S. 1(1908). tion of copyright policy through interest group activities, 16. Congress responded to this decision by legislative change in the deferential posture of the Court in copyright further the 1909 Copyright Act, subjecting mechanical reproductions of complicates the significant public choice problem facing musical works to a compulsory licensing system. advocates of the public domain.A neutral repose to literal- 17. See, e.g., Stern v. Rosey, 17 App. D.C. 502 (1901) (holding that ism actually subverts the success of the judiciary’s notable mechanical reproductions of sounds of a performance of copy- role in creating the public domain as we know it today. It righted music was not an infringement of the copyright in the is Dastar, which ironically has been greatly criticized by composition; Ricordi and Co. v. Mason, 201 Fed. 184 (S.D.N.Y. most commentators, that offers a glimpse into the Court’s 1912) (construing ' 1 of the 1909 Copyright Act to allow respect for the public domain.Although it is too early to descriptions of various opera scenes of the plaintiff’s works tell, it is possible that the Court is open to adopting an because the descriptions were not abridgements, and did not approach of “dynamic deference,” reminiscent of the brief interfere with the exclusive right to “publish, reproduce or sell period in the early nineteenth century, that is faithful to the operas.”) congressional intent without abandoning constitutional 18.As Chief Justice Rehnquist has stated,“no doubt the political purpose. Certainly, the use of the Treaty Power to trans- branches have a role in interpreting and applying the Constitu- form domestic copyright law will require more oversight tion, but…this Court has remained the ultimate expositor of by the judiciary if the Intellectual Property Clause is to the constitutional text.” United States v. Morrison, 529 U.S. retain any role as the source of a public welfare oriented 598, 616 (2000). ♦ copyright system. 19. Jessica Litman, The Public Domain, 39 EMORY L.J. 965 (1990); Joseph Liu, Copyright Law’s Theory of the Consumer, 44 B.C. L. *This essay draws from a recent article and on-going research on Rev. 397 (2003). the relationship Treaty Power and the Intellectual Property 20. 539 U.S. 23 (2003). Clause. 21. Id. at 34.
22 Law Alumni News ♦ FALL 2004 Copyright and the Court
22. Id. at 210 (noting that previous term extensions did not cre- 38. See, e.g., Paul Goldstein, Copyright and the First Amendment,70 ate perpetual copyrights). COLUM.L.REV. 983, 1011-15, 1017-22 (1970); Robert C. Deni- cola, Copyright and Free Speech: Constitutional Limitations on the 23.With respect to the Treaty power, the Supreme Court held in Protection of Expression, 67 CAL.L.REV. 283 (1979); Neil W. Geofrey v. Riggs:The treaty power, as expressed in the Consti- Netanel, Locating Copyright Within the First Amendment Skein,54 tution, is in terms unlimited except by those restraints which STAN.L.REV. 1 (2001). are found in that instrument against the action of the govern- ment…and those arising from the nature of the government 39 Mark Lemley, The Constitutionalization of Technology Law,15 itself and the States. It would not be contended that it extends BERKELEY TECH. L.J. 529 (2000); Schwartz & Treanor, supra note 4 so far as to authorize what the Constitution forbids… 133 U.S. at 2390 (2003). 258, 267 (1890). Modern Supreme Court jurisprudence recog- 40 David McGowan, Why the First Amendment Cannot Dictate nizes constitutional limitations to the treaty power that apply Copyright Policy, 65 U. PITT.L.REV. 281 (2004) (rejecting the to all exercises of federal power, but remains very broad. See proposition that the First Amendment provides any rational e.g., Missouri v. Holland, 252 U.S. 416 (1920); see also,LOUIS basis for limiting copyright). HENKIN,FOREIGN AFFAIRS AND THE U.S. CONSTITUTION 185 (1996). 24.At the very least, legislation that destabilizes the traditional scheme of the copyright system is likely to give rise to a Correction: Professor Judith T.Younger, a performer in heightened standard of judicial review. See Eldred, 537 U.S. 186; both Law School musicals, was mistakenly omitted from see also, Bridgeman Art Library, Ltd. v. Corel Corp., 36 F.Supp. the article “Students Perform Second Annual Law School 2d 191 (1999). Musical” in the Spring 2004 issue.The Theatre of the Relatively Talentless apologizes for the omission and 25. 310 F.Supp. 2d 1215 (2004). greatly appreciates her continued support. 26. Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809 (1994) (codified as amended in scattered sections of 17 U.S.C. and 18 U.S.C. (2000). 27. 17 U.S.C. § 104A (2000). SAVE THE DATE 28. See 17 U.S.C. § 104A (h) (6) (C) (I) (2000). 29. Uruguay Round Agreements Act, supra note 26, § 514, 108 For The Stat. 4809, 4976, codified at 17 U.S.C. § 104A. 30. See 17 U.S.C. § 104A (a) (1) (B) (2000). Third Annual Law 31. Golan, F.Supp. 2d at 1220. 32. Id. at 1221. School Musical 33. Id. at 1220. 34. 383 U.S. 1, 6, (1966) (holding that “Congress may not author- ize the issuance of patents whose effects are to remove exis- tent knowledge from the public domain, or to restrict free access to materials already available.”) 35. Eldred v. Ashcroft, 239 F.3d at 377 (2002) (observing that Gra- ham “would indeed preclude Congress from authorizing under [the Patent and Copyright] Clause a copyright to a work already in the public domain”). 36 See Ruth Okediji, Toward an International Fair Use Doctrine,39 COLUM.J.TRANSNAT’L L. 75 (2000) (arguing that the fair use doctrine is in tension with the Berne three-step test and advo- cating for an explicit fair use principle in international copyright law). ( arguing that the fair use doctrine is in tension with the Berne three-step test and advocating for an explicit fair use principle in international copyright law ). 37. See, e.g., Graeme B. Dinwoodie, A New Copyright Order:Why National Courts Should Create Global Norms, 149 U. PA.L.REV. March 3, 4, and 5, 2005 469, 477 (2000) (“[a]lmost every significant reform of U.S. copyright law over the last twelve years, since the United States belatedly joined the Berne Convention in 1988, has reflected international influences”); Graeme W.Austin, Does The T.O.R.T. Copyright Clause Mandate Isolationism?, 26 COLUM. J.L. & ARTS 17, 39 (2002) (noting that “significant aspects of U.S. copyright law Theatre of the are influenced by international concerns, and important parts are dictated by a growing body of public international law Relatively Talentless obligations”).
Law Alumni News ♦ FALL 2004 23 Achieving Excellence Research centers and institutes enhance Law School’s reputation as a leader in legal education and scholarship
BY MELEAH MAYNARD
n the last several years, the Law School’s growing “john and I have collaborated number of research institutes and centers has helped extensively over the years.We distinguish the school as a leader in both education continue to work together on and academic research. Not only do the disparate numerous joint projects even missions of the centers and institutes draw prospec- today,” says Orfield.“john and I Itive students to the Law School, they also provide resources both have an intense interest in for extensive scholarly study of a variety of topics. what occurs at the intersection of race and poverty and law Law School Dean Alex Johnson describes the institutes and and social science.” centers as playing an integral role in the Law School, pro- viding service opportunities for students and faculty and Orfield’s legal research has been enhancing the school’s connection to the larger community. MYRON ORFIELD published in numerous peer- reviewed journals; at the same “Our institutes and centers are incredibly valuable to the time, his work is found to be highly relevant by activists Law School and make a novel and significant contribution seeking regional reforms across the country. He says he has to the life of the school by providing resources for intensive always aimed for a healthy balance between academic rigor study of special topics,” Johnson says.“They also allow us to and real world application in his work. tap into related disciplines and bring that expertise and related issues into the Law School and our curriculum.” Orfield graduated summa cum laude from the University of Minnesota; he completed his J.D. at the University of Here is a look at what’s going on currently at some of our Chicago on a full academic scholarship. His law review institutes and centers. comment there involved racial disparity and civil rights and ultimately became part of Yale Kamisar’s casebook on criminal procedure.This work thrust Orfield into the The Institute on Race and Poverty mainstream spotlight when his work was featured in niversity of Minnesota Law School professor john Newsweek magazine. Upowell founded the Institute on Race and Poverty (IRP) in 1993 to research the relationship between public Current research undertaken by Orfield and his staff at policy and racialized poverty.A law professor and former IRP includes an analysis of the suburbanization of com- national legal director of the American Civil Liberties munities of color in metropolitan areas across the United Union, powell made it the Institute’s mission to identify States.“Our research shows that black, middle-class families the ways in which existing policies and practices negatively are moving to suburbs because they want safe streets and impact low-income communities of color and create a good schools just like other middle-class people,” says greater understanding of the issues of race and poverty Orfield.“But jobs and opportunity are moving away from while advocating for positive change. these suburbs.We need to understand whether that’s because of steering or housing discrimination or other More than 10 years later, the Institute is well things and find ways to stop it.” known and widely praised for tackling a variety of complex issues, including disparities Orfield and IRP are also conducting significant legal in health care and incarceration, racial profil- research with assistance from third-year law student, Scott ing, school segregation, urban sprawl and Crain, regarding federal low-income housing tax credits and fair housing. the ways their application has calcified patterns of racial seg- regation in urban cores. Developers receive federal tax cred- powell left the Institute in late 2002 to direct the Kirwan its when they guarantee a certain number of low-income Institute on Race & Ethnicity at The Ohio State Universi- units in a development.The program is supposed to create ty. His vision is shared by his successor, Myron Orfield, mixed-income neighborhoods and help reduce the number who became IRP’s executive director in August 2003. of areas that are segregated and predominantly poor.
24 Law Alumni News o FALL 2004 Achieving Excellence
Reacting to the same factors as their white counterparts, many middle class African American households are moving to the suburbs. Racial diversity has increased dramatically in Twin Cities suburbs,especially northwest of Minneapolis.
“The problem is,” Crain explains,“developers are using economic disparities in large American regions.The direc- these credits in poor, segregated neighborhoods, so the tor and her film crew visited the Law School in October program is not making things better.Yet the developers are to film one of Orfield’s Local Government Law classes as getting a tax break.”The issue is currently working its way well as conduct private interviews with Orfield.The two- through the courts and the Institute has filed a brief, pro- part series will be released in 2006. posing ways the court could help solve the problem.
IRP is also conducting two commuting patterns studies, The Minnesota Center for one in the Twin Cities metro area and one in the Atlanta Legal Studies region, comparing the geography of economic growth he breadth of legal scholarship has expanded greatly in with access to affordable housing, social services and other Tthe last several years, increasing the need for strong life opportunities for residents of the regions. In a separate connections between far-flung legal and scholarly commu- legal research project, IRP is collaborating with nities that are often unaware of what each the Dorsey & Whitney law firm to explore the other is doing. settlement of the Minneapolis NAACP lawsuit against the state of Minnesota. Understanding this need for intellectual con- nection, law professor Daniel Farber founded Recently, the Institute completed a statewide the Minnesota Center for Legal Studies in racial profiling study. Most of IRP’s work con- 1991 to enhance relationships between Law sists of interdisciplinary, collaborative efforts School faculty and legal scholars across the with other University departments, community country through a combination of workshops, and advocacy groups, government agencies, publications and lectures. businesses, philanthropies and faith-based organizations. Many other projects are in the Professor Oren Gross, an expert in interna- works for IRP,including a national conference OREN GROSS tional law and national security law, took over on Race & Regionalism planned for May 6–7, as director of the center in the fall of 2004. 2005 in Minneapolis. He plans to continue much of what the center has been doing and he also has some new ideas of his own.“I want- Orfield’s research will be featured in a PBS documentary ed the job because I think there’s a lot of potential for this entitled The New Metropolis that will examine social and center,” he explains.“There’s a lot of room for creativity in
Law Alumni News o FALL 2004 25 Achieving Excellence
what we do and it’s a good opportunity to get the health research are addressed by the Consortium on Law University’s name out there as a leader in legal knowledge and Values in Health, Environment & the Life Sciences. and research.” Founded in the summer of 2000, the Consortium links 17 of the University’s leading centers and programs and is one It will take additional funding, but in the future—perhaps of President Robert Bruininks’s eight Interdisciplinary as early as next year—Gross would like to see the center Academic Initiatives. host an annual conference on diverse topics chosen by fac- ulty members at the Law School.“It’s a communal affair, so Through the Con- I think we should all get together and think about what sortium, interdiscipli- sorts of topics would be of interest to all of us,” he says, nary teams of Uni- adding that he’s thinking that, to get things rolling, the first versity researchers conference could be about his specialty, national security. and experts work on a variety of projects.Their work helps build public under- Gross would also like to see the center establish a fellow- standing of the issues and offers policymakers ways to think ship program through which resident scholars would about science from many different angles. receive scholarships to do research and publish under the auspices of the center.“A lot of law schools have similar “The most profound issues of the 21st century are those fellowships and this would put us in step with them,” he that obey no disciplinary borders,” says Susan Wolf, chair of notes. the Consortium and a professor in the Law School, Med- ical School and Center for Bioethics.“Issues raised by Currently, the center’s major activity is bringing in leading cloning, genetically modified organisms in the food supply, scholars to speak to Law School faculty on a range of top- and technology that aids reproduction all require collabo- ics over the noon hour every Thursday. Six speakers on this rative and interdisciplinary discussion because no single year’s list are from the University.The rest will be coming discipline can solve these complex problems.” from schools including Berkeley, Columbia, Harvard,Yale, Chicago, Michigan, Georgetown, USC, Emory, University Consortium members are grappling currently with projects of Toronto, and Rutgers and will cover topics involving on subjects ranging from mad cow disease and genetically criminal law, international law, constitutional law, law and modified foods to intellectual property rights and the economics, immigration, arbitration, and legal theory and developing world. history. Each year, the Consortium hosts a number of conferences Several of the speakers, however, will not be talking about and lectures (a total of 10 events per year) on engaging legal issues at all, says Gross.“Having non-lawyers come topics that draw audiences that include students and faculty and talk about their work in progress is good for us from all across campus, as well as scientists, attorneys, legis- because we don’t often get exposure to other fields and lators and community members. During the 2003–04 aca- this interdisciplinary experience will definitely help us with demic year, event themes ranged from human subjects our own work.The people we invite are doing cutting- research to children’s environmental health. edge research and the lectures are well attended because we all want to know what’s going on out there.” While the University of Minnesota is not the only univer- sity taking on the critical issues that come with today’s sci- The Consortium on Law and entific breakthroughs, Minnesota’s Consortium and its training program, the Joint Degree Program in Law, Health Values in Health, Environment & the Life Sciences, remain unique.The five-year-old Joint & the Life Sciences Degree Program, which allows students to n recent years, scientists have decoded the combine a law degree with a graduate or pro- Ihuman genome, explored ways to use stem fessional degree in health, environment, or the cells, and charted new territory in science- life sciences, involves eight colleges and more aided reproduction through in vitro fertiliza- than 400 faculty members. tion and cloning. “Students in the Joint Degree Program learn While all of these breakthroughs hold enor- to think across disciplines,” says Jeffrey Kahn, mous possibility, they also present challenging director of the University’s Center for legal and ethical questions: Just because we Bioethics, one of the centers involved in the can clone a human, should we? How can we Consortium.“For students who want to go ensure that information gathered through into something like intellectual property and DNA testing is not misused? If we are to make SUSAN M. WOLF new drug development, joint degrees will the most of scientific advances, questions like much better prepare them to understand the these must be examined in a meaningful way. issues they’ll face.The Joint Degree Program gives them a chance to pull together training from multiple disciplines.” At the University of Minnesota, questions surrounding the legal, ethical, and policy implications of life sciences and Each year, the Consortium awards “seed grant” funding to
26 Law Alumni News o FALL 2004 Achieving Excellence student and faculty researchers, as well as departments and incorporation and fill out papers to obtain tax identifica- centers.Ten awards were given in 2003–04 for a total of tion numbers. Recent clients include a Spanish immersion $62,550. Some of the funded projects include: Professor school, a commercial cleaning company, an ethnic chamber Murray Jensen’s “The Science and Politics of Genetics and of commerce, and an East African bread maker. Reproduction,” MS student Timothy Patronski’s “Interna- tional Regulation of Genetically Modified Fish: Navigating “There are 16 other clinics at the Law School. Ours is dif- Biosafety and Trade Policy Water,” and a joint project of ferent because we’re not doing litigation—we’re working professors John Song, Edward Ratner and Dianne Bartels with people who want to start their own businesses in the on “End-of-Life Planning for Homeless Persons.” community,” says John Matheson.“Students get the chance to practice their skills and we are able to further local entre- “Grants like these are very important because they encour- preneurial activity at the same time.” Matheson and Ed age interdisciplinary research and give our colleagues the Adams are the faculty directors of the clinic. opportunity to work on issues they might not otherwise have support to pursue,” says Kahn. Waiting lists are long for the popular clinic, which currently can accept only ten students In December, the Consortium will publish the each year. Increasing that number, as funding first issue of a new journal, the Minnesota Jour- allows, is a priority for Mary Alton, the center’s nal of Law, Science & Technology (MJLST).The program director.“The demand is there,” she new journal builds on the foundation of the explains,“but we can’t add sections without Minnesota Intellectual Property Review (MIPR), adding staff, and we can’t add staff without expanding the publication’s focus beyond additional funding.” intellectual property issues to address a broad range of topics. In the future,Alton also hopes to expand the EDWARD S. clinic’s client list to include businesses estab- “This new journal is ambitious in scope, tack- ADAMS lished through the University’s new Office of ling the full range of issues at the intersection Business Development.A co-venture between of law, science, ethics, technology and public the University’s office of patents and marketing policy,” says Wolf.“It is unique among law and the Carlson School of Management, OBD journals because it is faculty and student edited is an incubator for businesses arising from and peer reviewed.” University research and technology.
For more on MJLST, see www.mjlst.umn.edu. In addition to the clinic, the center hosts a For more on the Consortium and Joint speakers forum, inviting business leaders and Degree Program, see lawyers to address the University community www.lifesci.consortium.umn.edu and on issues involving business law and entrepre- www.jointdegree.umn.edu. neurship. Past speakers include Monica Nassif, JOHN H. founder of the Caldrea Company; Bernard The Kommerstad Center for MATHESON Marcus of Home Depot; and Vance Opperman Business Law and Entrepre- of Key Investments. neurship The center also offers an on-line publication called The fter earning his law degree form the University in Minnesota Journal of Business Law and Entrepreneurship.The A1952, Robert Kommerstad went on to build a suc- journal includes articles and essays on topics relevant to cessful entrepreneurial career in California. In 1999 he professionals interested in business law and entrepreneur- made a generous contribution to the Law School to estab- ship.The twice-yearly journal can be found at www.kom- lish the Kommerstad Center for Business Law and Entre- merstad.org/journal. preneurship, so that other law students could explore the rewards and challenges of entrepreneurship. The Human Rights Center Opened in 2001, the center’s key component is utside of Washington D.C. and New York,the Twin the year-long Minnesota Multi-Profession Busi- OCities has one of the most active human rights com- ness Law Clinic where third-year law students munities in the nation.A major contributor to that activity team up with volunteer attorneys and account- is the University’s Human Rights Center, which was found- ants to represent clients who are starting their ed in 1988 by David Weissbrodt, current co-director of the own businesses. Center and a Fredrikson and Byron Professor of Law.
Most of the clinic’s clients are referred by the Minnesota Through a variety of programs, the Human Rights Center Economic Development Association. Clients come to the helps train human rights professionals and volunteers. It center to meet with students and professional volunteers to also assists law students, lawyers, other advocates, educators, draft documents like employee agreements and articles of students, scholars and others in human rights activities
Law Alumni News ♦ FALL 2004 27 Achieving Excellence
around the world.
The most visible of the Center’s initiatives is the Universi- ty’s Human Rights Web Library (www.umn.edu/human- rts).“That’s definitely how people around the world know us best,” says Weissbrodt, adding that the on-line library currently offers about 18,000 core human rights docu- 200,000 people accessed the Library from 140 countries. ments in six languages:Arabic, English, French, Japanese, Russian, and Spanish. In addition to information, the Center also provides direct human rights work experience through its Upper Midwest “We have the largest hard copy documentation center on Fellowship Program. Each year, approximately 20 grants are human rights in the U.S.,” says Weissbrodt.“That informa- available to students, professionals, and individuals looking tion is extremely helpful to people working on human to gain firsthand experience doing human rights work in rights issues and we wanted to make it as accessible as pos- countries around the world.This year the Center is cele- sible, so we built the on-line Human Rights Library.”The brating its 15th anniversary with a Fifteenth Anniversary site keeps track of users. In March, for example, nearly Reflection Project that looks back over the work done by
The Human Rights Center Celebrates Fifteen Years of Advocacy The Human Rights Center at Over the past 15 years, the the University of Minnesota Human Rights Center has sup- Law School was founded in ported 222 students and 1988 on the fortieth anniver- activists in pursuing Human sary of the adoption of the Rights Fellowship projects in Universal Declaration of over sixty countries.Their work Human Rights. In the fifteen has ranged from interning at the years since its inception, the United Nations Sub-Commis- Center has become a fixture in sion on Promotion and Protec- the nationally known human tion of Human Rights in Gene- rights community of the Twin va, Switzerland, to working on Cities. death penalty cases in Illinois and South Africa, to helping 2004 Upper Midwest Human Rights Fellows The Human Rights Center has HIV/AIDS victims in Kenya, and created a Fifteenth Anniversary studying the effects of flooding Reflection Project to highlight on women in Bangladesh. Future this continuing commitment to lawyers, medical doctors, Ph.D. candi- human rights advocacy and to tell The 15th Anniversary Project can be viewed online at dates, and women’s advocates have the stories of people who have been all advanced their careers with Fel- integral to the Center’s history. Pre- http://www1.umn.edu/humanrts/ lowships from the Center. It is this sented through articles, pictures, and center/anniversaryproject.html impressive variety and depth of video clips of past and present and the Human Rights Center human rights accomplishment that Human Rights Fellows, the project main page is the Reflection Project seeks to has been published on the Human http://www1.umn.edu/ capture. Rights Library Website humanrts/center/.html (http://www1.umn.edu/humanrts/), The reach of the Human Rights Cen- where it will serve as a resource for ter has expanded over the course of those interested in pursuing future ty that were not being met.The peo- its fifteen year history, but providing Fellowships and those curious about ple who were out on the front lines hands-on Fellowship opportunities to the role that the Center has played of advocacy didn’t have the time or local human rights advocates, particu- in the local human rights community. the resources to do applied research larly students at the University of and field work. Our objective was to Minnesota, remains central to the Amidst prominent organizations such encourage Minnesotans, and Univer- Center’s mission. Roughly one third as Minnesota Advocates for Human sity students in particular, to get of the Fellowships granted each year Rights and the Center for Victims of involved and assist those already are awarded to University law stu- Torture, the Human Rights Center working in the field with support and dents, and many past fellows have has filled a much-needed niche for documentation,” said David Weiss- gone on to do prominent human both established and prospective brodt, Fredrikson and Byron Profes- rights work in the global community. human rights advocates. sor of Law at the University of Min- They have also become an integral nesota, founder of the Center, and part of Minnesota’s impressive “There were a number of important now co-director of the Human human rights community. needs in the human rights communi- Rights Center.
28 Law Alumni News ♦ FALL 2004 Achieving Excellence fellowship recipients over the years. (See side- tributes a Human Rights Education Series that bar for more information on the project.) includes titles like: Raising Children with Rights, Roots, and Responsibilities and Eco- “A lot of law students apply for these fellow- nomic and Social Justice:A Human Rights ships because they want to use their legal Perspective. It also distributes training guides, training to do human rights work,” says Kristi resource kits, curricula, posters, and videos. Rudelius-Palmer, co-director of the Center. “But I think human rights issues permeate Because most human rights workers don’t through all disciplines and all kinds of work. have the time or the resources to research situ- Whatever field you choose, you’re going to ations, the Center researches and develops ana- need to be able to think through a human lytical tools and guidelines for use in the field. rights context when making decisions. For DAVID S. Weissbrodt, for example, recently completed a example, in the business world, you’ll have to WEISSBRODT guide for the United Nation Sub-Commission think about the rights of workers.” on the Promotion and Protection of Human Rights on the rights While participating in human rights efforts on of non-citizens. He and oth- the international level, the center also main- ers at the Center have also tains a very active local presence. In May, for worked with the U.N. on example, the Minnesota Department of human rights guidelines for Human Rights asked the center to come up companies. with a K–12 human rights curriculum for state schools. In last ten years, the Center has also worked with U.N. to prepare A passionate promoter of human rights educa- guidelines for responding to trafficking in per- tion and training, Rudelius-Palmer is heading KRISTI sons, developing a Handbook of International up the curriculum project, which is currently RUDELIUS- Standards relating to Pre-trial Detention, and being piloted in more than a dozen schools. If PALMER helped with a Training Manual for all goes well, the curriculum will launch Human Rights Monitors. statewide in fall of 2005. To accomplish such a wide range of “The Minnesota Department of Human activities, the Center regularly partners Rights wanted to take a proactive with other University departments such approach rather than waiting to address as the Human Rights Program at the issues in schools once they arise,” says Institute for Global Studies and the Rudelius-Palmer, who points out that Center for Holocaust and when children feel respected and validated Genocide Studies at the University’s discipline problems drop and achievement History Department, community levels soar.“If you’re not creating a safe organization, activists, professionals learning environment for students, you’re and others. not giving kids the right to get an educa- tion,” she continues.“When kids know “For us,” says Rudelius-Palmer,“the their human rights they are less likely to question always is: How can the violate the rights of others and are more Human Rights Center serve Uni- likely to defend others rather than bully versity students and larger commu- them.” nities in Minnesota and throughout the world? I’d say that’s what has been so It’s not just kids who don’t know their exciting about our work.We’ve done a lot on the global human rights, says Rudelius-Palmer. In 1997 the Center level but, at the same time, we are always trying to con- conducted a national survey and found that only eight per- tribute to our local community and make the area of cent of adults had ever heard of the Universal Declaration international human rights practical and tangible in real of Human Rights. In response, the Center developed pass- terms for people’s lives.” ♦ port-sized versions of the Universal Declaration and the Convention on the Rights of the Child. Close to a million By Meleah Maynard. Maynard is a Minneapolis-based freelance writer of these passports have been distributed so far. and 1991 graduate of the University of Minnesota.
Over the years, the Center has become the primary source of human rights education materials in the country. Through its Resource Center, the center develops and dis-
Law Alumni News ♦ FALL 2004 29 Commencement 2004 ABOVE: Class of 2004; LL.M. Class of 2004
BELOW LEFT:Timothy E. Grimsrud, co-recipient of Most Promising Lawyer Award;Aaron Scott, J.D. Graduation Address; Jared Hager, Summa Cum Laude; Jeffrey A.Abrahamson, Law Council Representative presenting the Student Awards; Cheryl A. Gonzales, co-recipient of Most Promising Lawyer Award; Paul Alofs, LL.M. Graduation Address; Shannon M. Garrett, Excellence in Public Service Award.
Law Alumni News o FALL 2004 ABOVE TOP RIGHT: Professor Carl Warren received the Stanley V. Kinyon Clinic Teaching Award ABOVE BOTTOM RIGHT: Professor Dale Carpenter received the Stanley V. Kinyon Teacher of the Year Award
BELOW RIGHT: Dr. Christine Mazier, former Executive Vice President/Provost; Dean Alex M. Johnson, Jr.; Nadine Strossen, Nadine Strossen, Professor of Law at New York Law Keynote Speaker; and Patricia Simmons, University of Minnesota School and President of the ACLU, gave an Regent. inspirational commencement address on May 15, 2004. Strossen has written, lectured and practiced extensively in the areas of constitutional law, civil liberties, and international human rights. Since 1991, she has served as president of the ACLU, the first woman to head the nation’s largest and oldest civil liberties organization. Strossen received her A.B. from Harvard College and her J.D. from Harvard Law School. Before becoming a law professor, she practiced law in Minneapolis where she grew up. She also clerked for the Honorable John J.Todd on the Minnesota Supreme Court. Law Alumni News o FALL 2004 The Faegre & Benson Symposium Law, Information, and Freedom of Expression n October 22, 2004, the University of Minnesota Law School, with the generous support of the Faegre & Benson law firm, presented a one-day symposium, Law, Information, and Freedom of Expression. More than 200 students, faculty, attorneys, and other participants attended this stimulating and provocative program.The symposium, featuring several of the nation’s leading constitutional law scholars, was held to celebrate the acquisition of the University of Minnesota Law Library’s millionth volume.The papers presented will appear in a forthcoming symposium issue of the Minnesota Law Review.
The day opened with welcoming remarks from Dean Alex Johnson followed by a videotaped message from Governor Tim Pawlenty (’86) extending congratulations to the Law Library for acquiring its millionth volume. The Honorable Kathleen Blatz, Chief Justice of the Minnesota Supreme Court (’84), then set the stage for the symposium with remarks that highlighted the importance of freedom of expression in the Minnesota Constitution and the role of the courts and libraries in promoting access to information.
During the morning session, Frederick Schauer, Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government at Harvard University, gave a dynamic presentation challenging existing First Amendment doctrine for its reliance on the category “speech” and its reluctance to differentiate between speakers and communicative institutions. He proposed a new institution-based approach for courts to apply in Dean Alex M. Johnson Jr. freedom of speech and freedom of the press cases, argu- ing that failure to do so results in dilution of rights.
Daniel A. Farber, Sho Sato Professor of Law at the School of Law at the University of California, Berkeley, followed Pro- fessor Schauer with an astute examination of the tension between intellectual property and free speech rights in today’s digital world. He asserted that the current debate between the defenders of public domain and fair use rights and the defenders of rights holders replays the historical debates between Thomas Jefferson and Alexander Hamilton over the role of government. Neo-Jeffersonians find that pro- tecting rights holders suppresses free speech while neo- Hamiltonians find that protecting rights holders encourages free speech. Professor Farber explained these differences as the result of dissimilar baseline perspectives on the status quo. In the Supreme Court’s ruling in the Eldred case, he identi- fied support for the positions of both the neo-Jeffersonians and the neo-Hamiltonians. However, he noted that future doctrine remains uncertain as technology rapidly changes the status quo. The Honorable Kathleen Blatz, Chief Justice of the Minnesota Supreme Court (’84) Law Alumni News o FALL 2004 33 The Faegre & Benson Symposium: Law, Information, and Freedom of Expression
Professor Frederick Schauer Professor Daniel A. Farber
Responding to these two presentations, Robert C. Post, The symposium concluded with a lively panel discussion David Boies Professor of Law,Yale Law School, noted that of the day’s presentations. Professor Michael Hannon from technology has reduced communica- Duke University School of Law and tion to information that is measured Professors David McGowan, in bits and bytes and subject to own- Miranda O. McGowan, Dale ership claims. He agreed with Pro- Carpenter, and Guy-Uriel E. fessor Schauer’s institutional Charles from the University of approach to the First Amendment, Minnesota Law School contributed but emphasized the need to look at insightful responses to the speakers’ social institutions in the broader main points. context of First Amendment goals, most importantly the goal of collec- Symposium participants were then tive self-governance. He also com- joined by many additional alumni mended Professor Farber’s analysis of and friends in the Law School’s the tension between intellectual foyer for remarks by Joseph O’Neill property and First Amendment (’56),Vice President Walter Mondale jurisprudence, but suggested focusing (’56),Associate Dean Joan Howland, more on the function of First Provost E.Thomas Sullivan, Regent Amendment protections. Frank Berman (’65), and Michael Wilens, Chief Executive Officer of The afternoon session began with a West Group. Dean Howland and scholarly presentation by Lillian R. Regent Berman officially presented BeVier, John S. Shannon Distinguished Professor of Law at the 999,999th, 1,000,000th, and 1,000,001st volumes.A the University of Virginia School of Law. She challenged gala reception celebrating these acquisitions followed. the morning speakers’ criticisms of First Amendment doctrine, defending the rationale and need for the tradi- tional approach. She expressed particular concern that the balancing and proportionality analysis espoused by Justice Common Sense Breyer in a number of opinions would lead to unbounded The University of Minnesota judicial power. Law Library’s 999,999th Volume Robert C. Berring, Jr.,Walter Perry Johnson Professor of The Law Library purchased Common Sense by Thomas Law at the University of California, Berkeley, gave the final Paine as its 999,999th volume.The pamphlet is one of the presentation of the symposium. He focused on the evolv- first editions of the “Enlarged Version,” published by ing role of law libraries in the digital age. He illustrated William and Thomas Bradford on February 14, 1776.This that while law libraries continue to serve as laboratories of edition was authorized by Paine due to a dispute over roy- learning and repositories of our legal heritage, they no alties between the author and Robert Bell, the original longer are defined only in terms of physical places and publisher. It had been Paine’s intention to devote his share three-dimensional objects. of the profits from the sale of Common Sense to buy winter
34 Law Alumni News o FALL 2004 The Faegre & Benson Symposium: Law, Information, and Freedom of Expression
Michael Wilens, President and CEO of West Group Vice President Walter F. Mondale clothing for the Continental army, but Bell insisted that no phlet delivered a bold argument for freedom from the profit had been realized from the first printing. Paine then tyranny of monarchy. authorized William and Thomas Bradford to publish this enhanced Common Sense was published edition, which includes an appendix anonymously, and although Paine and “An Address to the People was eventually recognized as its Called Quakers.” Paine also lowered author, there were persistent rumors the price of the new edition from that the work was penned by John two shillings to one shilling, ostensi- Adams or one of the leading figures bly to make the pamphlet more in Congress. For his part, Paine accessible, but also to undercut viewed Common Sense as his most Bell’s price. significant work.When he later wrote American Crisis, he used the Thomas Paine’s Common Sense has sobriquet “Common Sense.” been called the “single most influen- tial political work in American his- Thomas Paine’s historic pamphlet is tory”1 and is credited with “turning a significant addition to the stellar the American mind toward the collection of early American law in thought of independence.”2 The first the Arthur C. Pulling Rare Books edition appeared in book stalls on Collection.The Collection includes January 9, 1776, and was an immedi- a particularly impressive number of ate publishing success. More than the early session laws of the original 120,000 copies of the forty-six page pamphlet were sold in thirteen colonies, early constitutions of the states, and just three months. Given a colonial population of around important documents of the American Revolution. three million, that would be equivalent to selling more than eleven million copies today.
The success of the pamphlet can be attributed to Paine’s ability to frame an argument that was embraced by the The Papers of Clarence Darrow masses. Understanding that the long road to independence The University of Minnesota would require sustained sacrifice and a shared vision, he Law Library’s Millionth Volume emphasized the common objectives of the disparate colonies.While others presented arguments filled with clas- The Papers of Clarence Darrow consist of letters, manuscripts sical references and legal terminology, Paine never forgot and other documents pertaining to the eminent American his intended audience, putting forth an impassioned dis- jurist Clarence Darrow, his clients, his friends and immedi- course written in the language not of the courthouse, but ate family. Preserved by Clarence Darrow’s direct descen- of the public coffee house. Printed at a time when some dants, this collection of letters and documents has remained were urging reconciliation with George III, Paine’s pam- inaccessible to scholars and to the public at large since
Law Alumni News o FALL 2004 35 The Faegre & Benson Symposium: Law, Information, and Freedom of Expression
Dean Joan S. Howland and Regent Frank Berman (’65) Katherine Hedin, Curator of Rare Books, with the Darrow family. L. to R.: Kenneth Chase, Judith Lyon,The Rev.William Darrow’s death in Darrow Lyon, 1938. Both in size Katherine Hedin, and in content, this Professor Donald collection surpasses Simonson, Judith all other compila- Besser, Marsha tions of Clarence Simonson.William Darrow material. Lyon (Palmyra,VA), The archive Judith Besser enhances the (Homewood, IL), knowledge and Donald Simonson understanding of (Albuquerque), and Clarence Darrow Kenneth Chase and illuminates the (Aiken, SC) are legal, historical, and social issues of his great-grandchildren time. Furthermore, of Clarence Darrow. this acquisition establishes the Uni- surviving letter of versity of Minneso- Clarence Darrow, ta Law Library as written in 1873 the nation’s premier when he was a repository of teenager, and Clarence Darrow ending with a letter material. written in 1936, two years before At the heart of the his death. collection are the 340 letters written Commemorative plate presented to the Law Library by These letters are by Clarence Dar- Thompson-West in celebration of the Law Library’s 1,000,001st volume: complemented by 110 letters written row. Personal and The Clarence Darrow Database. informal in tone to Clarence Dar- (and clearly not row. Darrow invari- written with an eye toward publication or posterity), these ably received letters of substance, often both intimate and letters possess an intimacy attesting to and revealing the revealing in content.Among the many persons who wrote essence of Clarence Darrow’s character and commitment to to Darrow are Jane Addams, Eugene Debs,Theodore social justice. Most of the letters are handwritten (some are Dreiser, Mother Jones, Helen Keller, Sinclair Lewis, H. L. typed) and all are signed by him.The letters span a period Mencken, Franklin D. Roosevelt, John Scopes, Upton Sin- of just over 60 years, beginning with the earliest known clair,Woodrow Wilson, and Frank Lloyd Wright.
36 Law Alumni News o FALL 2004 The Faegre & Benson Symposium: Law, Information, and Freedom of Expression
Provost E.Thomas Sullivan, Dean Joan S. Howland, and Vice Warren Spannaus (’63), Nancy O’Neill, Joseph T. O’Neill (’56) President Walter F. Mondale search full text documents for information related to Dar- The Papers of Clarence Darrow also contain a significant row’s life and career. number of other documents and materials concerning Clarence Darrow and the Darrow family.The letters from Officially the Law Library’s 1,000,001st acquisition, the and to Clarence Darrow are supplemented by letters Clarence Darrow database reflects both Thomson-West’s between members of the Darrow family, many of which and the University of Minnesota’s commitment to the mention or discuss Clarence Darrow. effective integration of traditional and electronic resources to create a rich, deep, and seamless research environment The collection’s letters are informative and substantive, for students, faculty, and the legal community.The Law revealing significant detail about the many legal cases and School would like to especially acknowledge Brian Hall, social causes that were central to Darrow’s career. In addi- President and Chief Executive Officer of Thomson Legal tion to providing a wealth of factual information, these let- & Regulatory, and Michael Wilens, President and Chief ters offer insights into Clarence Darrow’s thoughts, emo- Executive Officer of West Group, for their vision and sup- tions and reactions during many of the crucial events in his port in bringing this database to fruition. life: the Big Bill Haywood trial in Boise, Idaho; the McNa- mara brothers’ trial in Los Angeles, and Darrow’s own trials Thomson-West’s generous creation and donation of the for bribery there; the Leopold and Loeb trial in Chicago; Clarence Darrow database on this occasion exemplifies the the Scopes “Monkey Trial” in Dayton,Tennessee;the Sweet strong relationship that the University of Minnesota Law case in Detroit; the Massie trial in Honolulu; and the stock School has enjoyed with West for over one hundred years. market crash of 1929, which threatened to ruin Darrow Throughout this history,West has played an integral role in financially. celebrating the Law Library’s milestones.West donated the Library’s 500,000th volume, a rare copy of the first volume in the original series of the Northwestern Reporter dating to Thomson-West’s Clarence 1877. In 1996,West graciously donated the Library’s Darrow Database 800,000th volume, a CD-ROM title, Products Liability Pow- The University of Minnesota erlink.As the Law Library celebrates the acquisition of its Law Library’s 1,000,001st Volume millionth volume, we gratefully acknowledge that Thom- son-West, once again, has provided tremendous support. In honor of the Law Library’s acquisition of its millionth volume, The Papers of Clarence Darrow,Thomson-West has FOOTNOTES created a Clarence Darrow database specifically for the University of Minnesota.This exciting new resource is 1. SCOTT LIELL, 46 PAGES:THOMAS PAINE,COMMON SENSE, AND THE comprised of federal and state decisions in which Darrow TURNING POINT TO AMERICAN INDEPENDENCE 16 (2003). served as counsel or was cited, was mentioned or listed as 2. Id. at 21. counsel, and secondary materials that analyze or comment upon Darrow and his work.This database brings relevant material together in one place and will allow researchers to
Law Alumni News o FALL 2004 37 presented the Volumes 35 and 36 endowed awards to: Elizabeth Crouse, Andrea Martin, Ryan Miske, Ryan Scott, and Ryan Stai. Mary Pat Byrn, Volume 87’s Editor-in-Chief, presented the Leonard, Street & Deinard endowed awards to: Lauren Hancock, Kelly Pierce, and Anthony Sanders.The banquet has traditionally been a cele- bratory event for the successful publi- cation of another volume of Law Review. Because local firms, alumni, faculty, and administration have tradi- tionally attended, the event also offers an opportunity for members of the local legal community to reunite with friends from the Minnesota Law Review.
While several alumni have always attended the banquet in the past, the board of Volume 89 intends to make alumni a more integral part of future banquets.This year, several Distin- guished Alumni Awards will be pre- sented to individuals who have accom- plished particularly noteworthy and outstanding work since their time on Law Review.The banquet will be held Judge Doty Gives Keynote on April 21, 2005 at the Hyatt Regency Hotel in downtown Min- Address at Minnesota Law Review neapolis.All Minnesota Law Review alumni are welcome to attend the Banquet event and local alumni will receive official invitations in January.Those niversity of Minnesota Judge David S. Doty, Class of 1961 interested in nominating someone for Alumnus and Senior a Distinguished Alumni Award can go Federal District Court to the Minnesota Law Review website Judge David Doty was profession today, listing the top ten at http://www.law.umn.edu/lawre- in attendance at the things that he admires about lawyers. view/index.html to print out a nomi- o UMinnesota Law Review’s annual banquet nation form. last April. Judge Doty was the keynote Several writing awards were presented speaker, addressing a group of over one to members who contributed out- hundred Law Review board and staff standing articles to the 88th Volume of members, faculty, administration, alum- Minnesota Law Review. Stanley Efron, of ni, and attorneys. Judge Doty’s speech Henson & Efron, P.A.and Note and lightheartedly commented on the legal Book Review Editor of Volume 37,
38 Law Alumni News o FALL 2004 Law School News
of Students and Director of Interna- tional and LL.M. Programs for the past decade, was named to the position by Dean Alex Johnson.“Everyone says there are big shoes to fill, following Paulsen into the position, and I’m per- fectly aware of that,” McQuaid says. McQuaid will retain her duties as Director of International and LL.M. Programs. She hopes to expand the Law School’s international profile through the creation of an LL.M. pro- gram in Beijing, China. But for now, she’ll be focused on her new adminis- trative duties. She says she admired Paulsen’s “solid work, often behind the scenes” and her commitment to involving members of the bench and bar in the school’s activities. Both, she adds, are legacies she plans to build on.
Weekend Indian Law Course Elvira Embser-Herbert has been appointed as the new Circulation his semester, the Law School is Carole Goldberg, Professor of Law at Librarian at the Library. She holds a conducting a weekend course UCLA School of Law and Melanie B.A. in English from the University of Tentitled “Indian Law for Tribal Benjamin, CEO of the Mille Lacs Band Missouri–Columbia and an M.L.I.S. Officials.” Professor Kevin Washburn of Ojibwe Indians. degree from Dominican University. has brought in leading Indian law She also has extensive library experi- University of Oregon College of Law, experts from around the country to ence, including seven years managing Professor Carole Goldberg of the teach Indian law concepts to govern- circulation at the Warren E. Burger UCLA School of Law, and Professor ment officials from various tribes in Library at William Mitchell College Robert Anderson (’83) of the Univer- Minnesota including the Mille Lacs of Law. Band of Ojibwe Indians and the sity of Washington School of Law. o Shakopee Mdewakanton Dakota Indi- Pam Wilson joined the Law School an Community.The course, originally as the Director of Finance on October proposed by Mille Lacs Band Chief Law School Staff 4, 2004. She attended the University of Executive Melanie Benjamin, is Minnesota in Duluth and obtained a designed to provide tribal government Changes B.A. in Office Administration. She officials and employees with basic ssociate Dean Sharon Reich worked at UMD after graduation and understanding of the legal status of Paulsen recently accepted the joined the Natural Resources Research tribal governments in the United Aposition of Assistant Vice Presi- Institute in 1983 and most recently States. Students have been introduced dent and Chief of Staff to the Provost served as Associate to the Director. She to the basic concepts of tribal sover- of the University of Minnesota. replaces the very capable Jill Merri- eignty and the complex governmental Paulsen became a member of the Law am who has moved to the main cam- relationship between the United States, School administration in 1991 and pus of the University of Minnesota as the states and tribes. In addition, stu- supervised admissions, career services, the new Budget Director for the dents have been given the opportunity administration and the trial practice Office of the Senior Vice President for to gain an in-depth understanding of program. She holds a B.A. from Yale Academic Affairs and Provost. numerous legal issues affecting Indian University and a J.D. from Stanford tribes.The course meets six times dur- University and regularly lectured inside Steve Winckelman was hired for the ing the fall semester on Saturdays.The and outside the University community newly created position of Information instructors have included Professors on evidence, ethics, litigation, legal and Technology Director. He holds a Brad Clary, Joan Howland, Meredith writing and legal education issues. B.S. in Computer Science from Penn McQuaid, Fred Morrison, Kevin Paulsen has been an invaluable State University and a M.S. in Washburn and David Wilkins from the member of the Law School and will Computer and Information Science University of Minnesota Law School. be missed. from the University of Delaware. He It has also hosted nationally-known worked in various university settings scholars such as Sam Deloria, Director On September 1, Meredith prior to coming to joining the of the American Indian Law Center, McQuaid added the job of Associate University of Minnesota in the School Professor Rennard Strickland, Philip Dean for Administration to her portfo- of Mathematics. o H. Knight Professor of Law at the lio. McQuaid, who has served as Dean
Law Alumni News o FALL 2004 39 Law School News
requires tort reform efforts and pre- Deinard Memorial Lecture sented options for reform. Carol Ley, MD, Director of Occupational Medi- on Law & Medicine cine at 3M and Chair of the National Patient Safety Foundation, and Roby he Joint Degree Program in C.Thompson, MD,Associate Dean of Law, Health & the Life Clinical Affairs at the University of Sciences and Center for Minnesota Medical School and CEO Bioethics launched the and Chair of University of Minnesota TDeinard Memorial Lecture Series on Physicians, provided commentary Law & Medicine in the Spring of following Professor Brennan’s lecture. 2004.This lecture series is supported During his visit at the University of by a generous donation from the fami- Minnesota, Professor Brennan also ly of Amos S. Deinard, Sr. (1898–1985) presented a lecture on “Medical in honor of him and his brother, Bene- Errors, Patient Safety, and Medical dict S. Deinard (1899–1969).The Litigation” as part of the Medical Deinard brothers were founding part- School’s On Doctoring series for ners of the Minneapolis-based law firm BENEDICT S. DEINARD students and faculty. of Leonard, Street and Deinard. Both attended the University of Minnesota “The Crisis in Patient Safety and Mal- Professor Ellen Wright Clayton, MD, Law School and Harvard Law School. practice: Fixing Medicine and Law.” JD of Vanderbilt University will present Amos Deinard was a distinguished Professor Brennan is Professor of Med- the second Deinard Memorial Lecture attorney widely known for his icine at Harvard Medical School, Pro- on Friday, February 25, 2005 at 11:30 persistent work to eliminate discrimi- fessor of Law and Public Health at the a.m. in the Mississippi Room at nation in hiring.Appointed to the Harvard School of Public Health, and Coffman Memorial Union. Her pres- Minneapolis Fair Employment Prac- President of Brigham and Women’s entation will focus on the societal tices Commission in 1945 by Mayor Physicians Organization. Professor implications of progress in genetics Hubert H. Humphrey, he served on Brennan presented empirical evidence and genomics, including the implica- the Commission for 17 years, 15 of on the state of the malpractice crisis in tions for privacy, discrimination, and them as chairman. Benedict Deinard American medicine, but contended group identity. was a successful trial lawyer, an Adjunct that litigation bears little relationship to Professor of Law at the University of medical injury and error, and most Video of the Deinard Memorial Lec- Minnesota, a Deputy Attorney General medical errors that result in injuries do ture is available at www.jointdegree. in the U.S. Department of Justice dur- not result in claims. Professor Brennan umn.edu and www.lifesci.consor- ing World War II, and one of four argued that the malpractice crisis tium.umn.edu. o civilians asked to participate in the Nuremberg war crimes trials.A fund has been created in their memory to establish this lecture series on law and Seeking Talented medicine. Students and Alumni? If your organization has hiring needs for part-time law clerks, summer associates or full-time employees at any level, focus on the talent at the University of Minnesota Law School. The Career Services Office will post a job free of charge, and your listing will be accessible to U of MN students and alumni through www.eattorney.com.To post a job, go to the Law School’s website at http://www.law.umn.edu/ and click on CAREER SERVICES/Employers, or call John Malecha, Employment Manager, at 612/625-1866. Want to Share Your Insights and Experience? The Career Services Office has launched the Alumni-Student Connection AMOS S. DEINARD, SR. which allows alumni to share their experiences and insight with students through a number of activities.You may participate in the web-based information exchange, come to Career Options Night or host a Spring On February 26, 2004, Professor Break Shadows program, or volunteer to be a speaker or a mock Troyen Brennan, MD, JD, MPH, of interviewer. Go to http://www.law.umn.edu/ and click on CAREER Harvard University presented the inau- SERVICES/Alumni and register for the Alumni–Student Connection. gural Deinard Memorial Lecture on
40 Law Alumni News o FALL 2004 Law School News
Lecture Series on Law, Health & the Life Sciences The Consortium on Law and Values in Health, Environment & the Life Sciences (www.lifesci.consortium.umn.edu) and Joint Degree Program in Law, Health & the Life Sciences (www.jointde- gree.umn.edu) are pleased to announce their 2004–05 Lecture Series.
All lectures take place from 11:30am to 1:00pm in the Mississippi Room in Coffman Memorial Union on the East Bank Campus of the University of Minnesota.This year’s series focuses on cutting-edge issues in biotech- nology, stem cells, and genomics. One hour of CME and CNE credits has been approved for these courses. 1.5 CLE credits will be requested for each lecture.
WEDNESDAY, DECEMBER 8, 2004 Professor Evan Snyder, MD, PhD (Burnham Institute and University of California, San Diego) will present “Stem Cell Biology: Good Ethics Depend on Good Facts.” Professor Snyder is Professor and Director of the Program in Developmental & Regenerative Cell Biology (the Stem Cell Pro- gram) at The Burnham Institute, coordinator of The Southern California Stem Cell Consortium, as well as a faculty member in the Department of Pediatrics and Director of the Basic Science Pro- gram in Neonatology at the University of California, San Diego. Following this lecture, participants should be able to: • Understand the ethical debates surrounding stem cells. • Describe how a better understanding of fundamental biology may help resolve these debates.
WEDNESDAY, FEBRUARY 2, 2005 Professor Janet Rowley, MD (University of Chicago) will present “Stem Cell Therapy: Hype or Hope?" Professor Rowley is the Blum-Riese Distinguished Service Professor in the Departments of Medicine, Molecular Genetics and Cell Biology, and Human Genetics at the University of Chicago. She cofounded and is coeditor of Genes, Chromosomes and Cancer, the premier cancer cytogenetic journal worldwide. Professor Rowley is a member of the President’s Council on Bioethics. Follow- ing this lecture, participants should be able to: • Understand the ethical issues surrounding the use of stem cells for therapeutic purposes. • Describe the barriers to establishing ethical guidelines for the conduct of stem cell research.
WEDNESDAY,APRIL 20, 2005 Professor Alta Charo, JD (University of Wisconsin) will present “From Stem Cells to Jail Cells.” Professor Charo is the Elizabeth S.Wilson-Bascom Professor of Law and Bioethics at the University of Wisconsin at Madison, where she is on the faculty of the Law School and the Medical School’s Department of Medical History and Bioethics. She is a former member of the NIH Human Embryo Research Panel and the National Bioethics Advisory Commission. . Following this lecture, participants should be able to: • Articulate arguments about the legality and funding of embryo research. • Discuss the evolving nature of arguments concerning the moral status of embryos, in light of new research on genetic uniqueness, potentiality, and forms of conception.
All lectures are free and open to the public. Registration is required if you are attending for CME, CLE, or CNE. Parking is available in the East River Road Garage on Delaware Street behind Coffman Union. For more information call (612) 625-0055, e-mail at [email protected], or visit www.jointdegree.umn.edu. Maps may be found at http://onestop.umn.edu/Maps/index.html.
Law Alumni News o FALL 2004 41 Law School News
Lunch Series on the Societal Implications of the Life Sciences
The Consortium on Law and Values in Health, Environment & the Life Sciences (www.lifesci.consortium.umn.edu) and Joint Degree Program in Law, Health & the Life Sciences (www.jointdegree.umn.edu) announce their 2004–05 Lunch Series.All lectures take place from 12:15pm to 1:30pm in the Mississippi Room in Coffman Memorial Union on the East Bank Campus of the University of Minnesota.This year’s series focuses on medical devices & innovation. One hour of CME and CNE credits has been approved for these courses. One CLE credit will be requested for each lecture.
TUESDAY, NOVEMBER 2, 2004 Professor Michael Lysaght, PhD (Brown University) will lecture on “Risk, Reason and Regula- tion of Medical Devices.” Professor Lysaght is Professor of Medical Sciences and Engineering at Brown University and Director of Brown’s Center for Biomedical Engineering. His teaching and research focus on organ replacement therapy. Following this lecture, participants should be able to: • Evaluate arguments for and against increasing the scope and stringency of the regulatory process to decrease risks associated with medical devices. • Compare device regulation in the United States and in the European Union, both in terms of process and outcomes. • Understand the ethical questions raised by recent serious problems with fully approved devices.
TUESDAY, FEBRUARY 8, 2005 Professor Jonathan Moreno, PhD (University of Virginia) will lecture on “The Ethics of Innovative Surgery.” Professor Moreno is the Emily Davie and Joseph S. Kornfeld Professor of Biomedical Ethics and Director of the Center for Biomedical Ethics at the University of Vir- ginia. He is president of the American Society for Bioethics and Humanities and a member of the Institute of Medicine’s Board on Health Sciences Policy. Following this lecture, participants should be able to: • Describe the considerations involved in determining when an innovative surgical procedure is research. • Describe the attitudes and concerns of surgeons about innovative procedures, according to a national survey.
TUESDAY,APRIL 5, 2005 Alan Milstein, JD, MS (Sherman, Silverstein, Kohl, Rose & Podolsky) will lecture on “Human Subjects Protection:A Plaintiff’s Perspective.” Mr. Milstein is a nationally recognized litigator in the areas of products liability, bioethics, and clinical trials litigation. He has represented human subjects in gene therapy, melanoma vaccine, artificial heart, and other research trials as well as soldiers claiming harm from anthrax and smallpox vaccines. Following this lecture, participants should be able to: • Describe the past relationship between regulation and litigation in protecting human subjects in research. • Discuss how that relationship is changing and new forms of litigation.
All events are free and open to the public. To reserve a lunch, please register no later than one week before each event by calling 612-625-0055 or emailing [email protected]. Registration is required if you are attending for CME, CLE, or CNE.
Coffman Union parking is available in the East River Road Garage on Delaware Street behind Coffman Union. Maps may be found at http://onestop.umn.edu/Maps/index.html.
42 Law Alumni News o FALL 2004 to school after working as a clinical psychologist for over seven years. She graduated from Luther College with a B.A. in Psychology. Lisa also holds a Ph.D. in Clinical Psychology from the University of Wisconsin-Milwaukee. She is interested in pursuing a career in health law. o
New laptop requirement “I chose to attend the LL.M. program at the U of MN Law School partly because of my eginning in the fall semes- Students use their laptops in a class connection to the Twin Cities ter of 2004, the University taught by Professor Barry C. Feld. of Minnesota Law School through my work with Cargill in began implementing a China but also because I was new laptop program.This new and updated laptop.As part of our impressed by the school’s programB gives our first-year students first-year curriculum, it is a mandatory reputation, the great academic the opportunity to obtain a new com- program. atmosphere and the puter as they start their legal education. professionalism of faculty Each semester, the students are assessed “I appreciated the new laptop policy a technology fee which because it was one less thing members.” covers the lease of the lap- that I had to worry about as Yaohui “Stone” Lou, an LL.M. student top.The Law School will I began law school. I knew from Shanghai, China. Stone is 34 years provide all first-year law I would have to buy a lap- old and is married with a 7-year son. He students with a fully con- top when I started and it earned a bachelor of law degree from figured laptop, including all was very convenient to have the International Economic Law Depart- of the computing tools everything I needed already ment of China University of Politics and necessary for a successful loaded onto the laptop and Law. He has been working for Cargill law school education. ready to go. Prior to enter- Investments in China for the past nine Upon graduation, the stu- ing law school, I used a lap- years.When the LL.M. program finishes dents will have the option top occasionally but now I next May, Stone plans to return to China to buy the laptop.This program pro- use it all the time,” said Lisa Benrud and continue working as a corporate vides an excellent opportunity to get a Larson, Class of 2007. Lisa is returning lawyer at Cargill.
Law Alumni News o FALL 2004 43 Student Highlights
look at how the legal process works, which would help make me a better lawyer.” Bobak Ha’Eri Student Snapshots CLASS OF 2005 If something’s going on at the Law School, chances are Bobak Ha’Eri is Courtney Clixby something about how businesses work involved. Now in his third year of before making up her mind about school, Ha’Eri has served as president CLASS OF 2005 graduate school. of the Law Council, edited the Bar Courtney Clixby is always up for a Review Weekly for two years running, challenge.The more complex and dif- In March of 1999, she accepted a job and is a student representative to the ficult something is, the more she likes in the revenue management depart- Board of Regents. He also conceptual- it.That’s why she’s certain that getting ment at Northwest Airlines doing ized the idea for the Law School’s new a law degree was the right move for domestic price analysis. She liked the mascot, the Fighting Mondale, and has her.“There’s a lot to learn because job and the two years she’d planned to acted in and helped write the Law
COURTNEY CLIXBY BOBAK HA’ERI NICK WALLACE
there are so many components to work stretched into four.Then Sep- School’s last two musicals.This year he being a lawyer,” she says.“You need to tember 11th happened and “everything will be one of the musical’s producers. be able to research, write, negotiate changed” in the airlines industry and He is also a humor columnist for the and advocate. It’s difficult and frustrat- Clixby decided it was time to apply to Minnesota Daily. ing but you develop so much of your- law school at the University. self through the work. It’s great.” And that’s not all. During his second But she has not strayed far from the year, Ha’Eri started a program for pre- While she is interested in many differ- work world.The last two summers, law students at the University.The pro- ent areas of law, Clixby has always been Clixby worked as an associate at gram pairs undergrads with a law stu- fascinated with business, particularly Washington, D.C., law firms that spe- dent who acts as a mentor, answering business crime.When she graduates in cialize in antitrust and securities law. any questions they might have about 2005, she plans to pursue antitrust law. This summer, she also landed a highly classes and the law school in general. sought-after internship with the Clixby grew up in Michigan and grad- Department of Justice, working in the “I wanted to help pre-law students uated from the University of Michigan criminal section of their antitrust divi- understand what to expect once they in 1998, after spending a fifth year as sion.“I wanted to see what it was like start law school,” he explains.“If you’re an undergrad studying at the London to work for the government and I real- pre-med you know what classes to School of Economics.“I knew I want- ly enjoyed it,” she says. take, for example, but things like that ed to be involved in business somehow are very vague for pre-law students. It’s but I wasn't sure whether I wanted to Clixby is not sure what she will do really common to hear new law stu- be an economist or a lawyer,” she after graduation but has several out- dents say:‘Oh my God, I had no idea explains. standing offers.“I think I would like to it would be like this.’” work for a judge who could be a good After graduation, she took the LSAT mentor,” she says.“You learn a lot in Maintaining a schedule that would be and decided to get a job for a couple law school but a district court clerk- dizzying for most people is nothing of years, figuring she should learn ship would give me a whole new out- new for Ha’Eri. Born in Toronto,
44 Law Alumni News o FALL 2004 Student Highlights
Canada, Ha’Eri’s family moved to ly fit in with them.“At first I was a bit of counselors and tutors. On week- Bakersfield, California, when he was overwhelmed to see how qualified and ends, he stayed with host families in three.Always an exemplary student, he talented and amazing my classmates the area. earned his undergraduate degree in were,” he explains, adding that he’s international relations from the much more comfortable now.“Now Wallace’s mother still lives in the University of Southern California in that I can look back, the best thing Brooklyn home where he grew up. three years. about law school has been the people. They miss each other but both of It’s been really refreshing to be sur- them agree that leaving home to pur- While in school, he was drawn to the rounded by so many thoughtful and sue his education was the best thing subject of how Hollywood affects dedicated people.” for him.“She’s proud of me,” says Wal- world affairs. He thought about going lace.“I’m a first-generation college stu- into politics. He also considered copy- Like his peers,Wallace has packed an dent, so this is new for our family.” right law, so after graduation he extraordinary amount of learning and applied to “most of the big law achievement into his 24 years. He is Beyond doing non-profit management, schools.”Then he immediately went to currently the president of the Law Wallace would one day like to hold a work doing media logistics work for Council, which he participated in for political office, most likely something the Democratic National Convention, the last two years. He is also a member at the state level because “you can do which was in town at the time. From of the Black Law Students’Association. so many things at the local level that there, he was hired on as part of the Last fall he trained for, and finished, the you can't get done on a national scale,” national advance team for the Twin Cities Marathon. he says. Gore/Lieberman campaign.“The assumption was that we would be In addition to earning his law degree “It’s like that quote,” he continues.“To working for the vice president but in 2005,Wallace will also be complet- whom much is given, much is then the whole election was up in ing a degree in public policy through required. I definitely feel a sense of arms and the Supreme Court basically the joint degree program at the responsibility to give back.That’s what o fired us all.” Hubert H. Humphrey Institute of I plan to do in my life.” Public Affairs. He plans to use his He took a job with Planned Parent- interdisciplinary training to eventually By Meleah Maynard. Maynard is a hood, teaching sex education in south- Minneapolis-based freelance writer and 1991 head a non-profit working with youth graduate of the University of Minnesota. ern California high schools and got a or the elderly.“Those two groups are couple of bit parts in locally-produced underserved in our society and I’d like music videos. By the time he heard to see that change,” he says. he’d been accepted to the University’s law school, he’d been hired on as the Wallace earned his undergraduate Assistant to the Executive Director at degree in 2002 from St. Olaf College, the Los Angeles Jewish Symphony. where he triple-majored in Asian Studies, Political Science and Religion. With an eclectic background like this, Even as a kid, he knew he was inter- it’s easy to see why Ha’Eri has yet to ested in political science. But after settle on a plan for his future.“I chose studying German for several years, he law school because it seemed like a sta- decided it was time to learn another ble profession and I still believe that,” language, so he enrolled in Asian Stud- he says.“But even if I don’t go into ies. Religion, he says, became a focus law, this is a very flexible degree.The after he took a required theology skills I’ve learned will help me no mat- course. ter what I choose to do. I’m feeling very positive about my future.” Originally from Brooklyn, NY,Wallace ended up in the Midwest after finding Nick Wallace out about a national program called “A CLASS OF 2005 Better Chance,” when he was in eighth grade.The program, which has been Even though it was three years ago, around since the 1960s, refers academi- Nick Wallace remembers vividly his cally talented students of color to the first few days at the Law School.As he nation’s best schools.After considering listened to other students introduce several schools,Wallace chose Appleton themselves and recount their accom- West High School in Appleton,Wis- plishments, he couldn’t help wonder- consin.While there, he lived in a house ing whether he’d done enough to real- with six other students and a handful
Law Alumni News o FALL 2004 45 Student Highlights
Class of 2007 We enrolled the strongest class ever at the Law School this fall. Entering Class of 270 (2509 applications received) 44% Women 19% Minorities 31 states, the District of Columbia, and five foreign countries are represented Median LSAT of the entering class: 163 (90th Percentile) Median GPA of the entering class: 3.66 119 undergraduate institutions represented in the entering class 12% of the entering class graduated from the University of Minnesota’s (the single largest percentage of representation for any undergraduate school) 9% of the entering class has another graduate degree: 2 Ph.D’s, 2 MBA’s, 8 MS’s, 6 MA’s, and 1 MPH 41% of the entering class are Minnesota residents
46 Law Alumni News o FALL 2004 ors, philanthropy, and the arts,Weaver says.Tough economic times lessened Distinguished Alumni such involvement in recent years, he admits, but the recent formation of the lic service background and my private Itasca Project, headed by area employ- Charles Weaver sector background,” he says. Elected to ers interested in transit and other CLASS OF 1984 the Minnesota House of Representa- metro area issues, and similar endeavors may signal a renaissance.“The CEOs As the new head of the Minnesota tives in 1998,Weaver took a special interest in public safety issues and was in this community are more engaged Business Partnership, Charlie Weaver eventually appointed Commissioner of and more active than they’ve been in has to answer to 105 bosses—most of the state Department of Public Safety quite a while,”Weaver says.“They are them CEOs from the state’s leading by Governor Jesse Ventura. He shaped taking an interest in growth at the employers. But for Weaver, such super- the state Office of Homeland Security, University of Minnesota, and in public vision might seem a relief.After all, the created after September 11, 2001, and transportation, among other things.” Anoka native and 1984 Law School was tapped by Governor Tim Pawlenty graduate has spent much of his career in the early days of his administration “As we move to a global economy, I in public service, trying to please two to serve as chief-of-staff. Before com- think CEOs are seeing that it’s impor- governors and the state’s entire citizen- mitting himself full-time to public tant that we continue to grow this ry.A hundred-plus executives must service, joining the Anoka County region,”Weaver says.“The Minneapo- seem, well, almost manageable. attorney’s office in 1991,Weaver lis-St. Paul region needs to be strong to worked at the Minneapolis firm compete not only with Denver and Weaver took the helm at the nonparti- Lindquist & Vennum, representing Phoenix and Seattle, but also Singapore san business lobby in late 2004.“It was clients in matters ranging from civil lit- and Ireland. If we’re going to continue a chance to put together both my pub- igation to employment law. to compete as a region, business needs to be at the table.” Weaver is proud of the long- running tradition of public serv- ice in his family. His father, also a lawyer, served in the state legisla- ture—as did his uncle.And his Judith Oakes work on behalf of the business partnership, he says, will also CLASS OF 1969 benefit the state’s population—if “I like the aspect of helping people,” less directly than legislative work. Judith Oakes says of her work in fami- The group’s focus on education, ly law.“Clients come to us in a great healthcare, and the local econo- deal of stress, and if we’re successful in my ensures that any impact it has what we do, people will be able to on policy will have a ripple move through this difficult transition effect, shaping the workplace and and focus on what they’re going to do the lives of workers and their for the rest of their lives.” families. Her skill at handling such transitions— Minnesota’s business leaders have divorces, custody battles, and other a long tradition of promoting familial entanglements—has kept the state’s quality of life, involv- Oakes in business since she opened her CHARLES WEAVER ing themselves in civic endeav- own firm in 1974. J. Oakes & Associ-
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involved in numerous community His year-long-tenure at the White activities, serving as past president of House is only the latest chapter in Minnesota Women Lawyers, the Newcomb’s long career in federal gov- Minnesota State Bar Foundation, ernment.After serving in Vietnam and and the Hennepin County Bar obtaining both a B.A. and J.D. from Foundation.A few years ago, her the University of Minnesota, New- interest in providing for kids led her comb practiced law for a number of to serve on the board of Freeport years but found it dissatisfying.“One West, a nonprofit that works with day I found myself sitting in a room teens who don’t have families that with a handful of bored overpaid provide healthy home environments. lawyers—all of us saying, there must be more to life than this,” he recalls. Oakes says it is the personal impor- “Then someone said,‘My uncle was tance of her work that keeps her with the CIA’ and I thought,‘Well, focused on family law.“Every new why don’t I do that? I have a national client brings a whole different set of service itch and this may fix it.’” problems to solve,” she says. Despite Newcomb’s lack of overseas JUDITH OAKES experience, a meeting with a recruiter yielded a job: From 1981 through 1997, he worked as a case officer and chief of station in Europe and Africa, ates, based in Roseville and staffed by Thomas then as assistant general counsel for the Oakes, attorney Judith Rush, and two Newcomb Central Intelligence Agency. Jobs with administrative employees, isn’t large. the United States House Permanent But the firm’s reputation goes a long CLASS OF 1976 Select Committee on Intelligence and way with clients and judges.“I’ve prac- During the Vietnam War,Tom New- the Justice Department followed. ticed in the area for a long time and I comb often found himself debating the Before being tapped by the White know many of the judges,” says Oakes, importance of national service with House, Newcomb worked for the For- who graduated from the Law School other University of Minnesota stu- eign Intelligence Surveillance Court, in 1969.“I have been told that I have a dents.The questions raised by the dis- advising the court, whose ex parte good reputation among them. So cussion—and his answers to them— proceedings are not made public, on when I show up in court, the percep- would eventually propel him into pub- matters presented by the government. tion is that I’m prepared and that I’m lic service, working for the federal going to do a good job for my client.” government and, for the past year, the White House. A job well done has earned Oakes the praise of her clients on more than one Newcomb, who graduated from occasion. However, she has also seen the Law School in 1976, is a spe- the pain that the judicial process can cial assistant to the president and bring to people.Though she does her senior director of the National best to convey the needs and feelings Security Council’s Office of of her clients in the courtroom, she is Combating Terrorism.As such, he aware that the law cannot meet the supervises roughly a dozen NSC expectations of every client.“For some staffers working on terrorism people it’s an emotional time and matters, and answers to National they’re trying to have the legal system Security Advisor Condoleezza redress issues that it can’t,” she says. For Rice.The job primarily involves that and other reasons, Oakes is also serving as “facilitator, coordinator, careful not to become too close to her consensus-builder, and good lis- clients, even as she empathizes and rep- tener” at White House meetings resents them.“You have to stay involving terrorism experts from detached all along,” she says.“You have various government agencies, to set boundaries. I have to relate to Newcomb says.Though barred my clients but it’s not a friendship, from discussing the specifics of THOMAS NEWCOMB even if we’re working together over a those meetings, he adds,“I have matter of years.” seen the formulation of truly sig- nificant policy decisions and “I have spent the last 23 years working The courtroom is not the only place action plans in the defense of the in and with the intelligence, law where Oakes sets the bar high for her homeland and in the prosecution of enforcement, and military agencies and performance. She has also been the war against terrorism.”
48 Law Alumni News ♦ FALL 2004 Alumni Commons components now engaged in the but studying law was the greatest disci- have to work with partners in Africa to Global War on Terrorism,” Newcomb pline for me,” she says.“The way I get people on the ground. It is slow, says. He adds,“I think my skills have write, think, and analyze problems, it and it’s slower than you want it to be. been very well used by the govern- comes out of the Law School.” Could it be faster? It should be. But ment in ways I didn’t plan.” the process is the right process.” ♦ Problems like Sudan, however, are complex. Solutions take time.“You By Joel Hoekstra. Hoekstra is a freelance Constance Berry have to get the support of the world writer, who writes for numerous regional and for things that happen at the United national publications. Newman Nations,” Newman says.“And you CLASS OF 1959 Sub-Saharan Africa has seen its share of crises over the past few decades. But few were more dire than the one that Constance Newman faced when she assumed a job at the United States Department of State as the Assistant Secretary of State for African Affairs last June.The Janjaweed of Sudan were attacking villages, killing men and rap- ing women, and the nation’s govern- ment was doing nothing about it. Each morning, in regular meetings with Secretary of State Colin Powell, New- man found herself reporting on a situ- ation that continued to worsen.
“I’ve been spending a great deal of time on Sudan,” she said in an inter- James M. Lockhart, Greer Lockhart and Ann Lockhart Watson view this fall.
But Newman has had her eye on Africa for a long time. Prior to joining Upon graduation, Lockhart joined the the State Department, she served as Legacies firm he had clerked for that is today Assistant Administrator for Africa with known as Bassford Remele. He quickly the United States Agency for Interna- The Lockharts fell in love with courtroom advocacy. tional Development. She also served as fter two years of study, Greer In what Lockhart says will likely be the president’s personal representative Lockhart wasn’t sure he wanted remembered as the “golden age of liti- to the G-8 summit in Canada, a meet- Ato finish law school, much less gation,” he had the opportunity to try ing that laid out an ambitious path for practice. “hundreds and hundreds” of cases dur- eliminating debt and stimulating devel- ing his 50-year career with the firm. opment in Africa.“It’s the area that has “I was sick and tired of law school and In 1975, Lockhart was selected as a the greatest need to become part of musty, dusty books,” said Lockhart, Fellow of the American College of the global economy,” Newman says.“I who went on to become one of Min- Trial Lawyers. have had the chance to make a differ- neapolis’ best-known trial lawyers.“I ence there.And the Africans have was thinking of not practicing law. As national president of the School’s really moved me.They have such an Thank God I didn’t do that.” alumni association in the early 1970s, amazing culture, there’s a tenacity Lockhart led efforts to secure funding among the people.” A successful clerkship with the for a new law school building and venerable Minneapolis firm of convened the first “Board of Visitors” Newman, who grew up in Alabama Richards, Janes, Hoke, Montgomery to enhance the rigor of the school’s and graduated from the Law School in and Cobb led him to the discovery academic offerings. 1959, knows something of struggle and that “practicing law isn’t anything like opportunity.When she first arrived in law school,” so he completed his aca- Although he didn’t encourage the Washington in the 1960s, there were demic work, graduating in 1953 from notion, daughter Ann Lockhart Watson few opportunities for women or the University of Minnesota Law and son James M. Lockhart both opted minorities. She took a job as a typist, School. (The law school offered stu- for legal careers and graduated from then relied on skills learned in law dent three- and four-year program the University of Minnesota Law school to propel her way up through options at the time.) School. the federal ranks.“I’ve never practiced,
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Lockhart Watson, who was known as Ann Lockhart at the time, majored in French and political science as an undergraduate at Cornell College, Mt. Vernon, Iowa.While studying in France, a U.S. State Department recruiter encouraged her to pursue a foreign service career, but she wasn’t interested.
“I was totally gung ho on law school,” Lockhart Watson said.“I admired my father’s work. I think that was the pri- mary reason I wanted to become a lawyer.” She was also inspired by Don- ald MacLaughlin, her maternal grandfa- ther, who graduated from the Universi- ty of Minnesota Law School in 1923. Mary Keller and Liz Bransdorfer At the University of Minnesota Law School, she met and later married John S.Watson.They are both members of the Class of 1979.After graduation, for a career in the law.After graduating school and a full-time job at the Lockhart Watson snared a clerkship with majors in philosophy and urban Minneapolis firm now known as with Justice John Todd of the Min- studies at St. Olaf College in North- Lommen Nelson. nesota Supreme Court, intending to field, Minn., he won a scholarship to follow her father into litigation work. Yale Divinity School. However, he did He’s never left the firm, earning the take one year off, bummed around position of partner in 1991. Early in But the birth of her first child post- Europe and took an entry-level job at Jim Lockhart’s career, his father’s shad- poned that possibility. During the next his father’s law firm. ow sometimes followed him. eight years, Lockhart Watson practiced law only sporadically, choosing to focus One day, Jim Lockhart walked into his As Jim Lockhart presented his opening parenting the couple’s three young father’s office, closing the door behind statement in his first civil jury trial, he children. From 1988 to 1992, she him.“I’ve been thinking,” he told noticed Judge Harold Kalina leaning returned to the law, specializing in class Greer Lockhart.“I like the congenial back in his chair, eyes closed. It turns action litigation at Siegel Brill in Min- atmosphere here and I’ve signed up to out he wasn’t bored or sleepy. He was neapolis, where her husband also take the LSAT.” merely enjoying the sound of Jim works. She took another child-rearing Lockhart’s voice and the memories it hiatus, but is back at it again, assisting The elder Lockhart reminded him invoked. with Siegel Brill’s class action practice. about the company’s nepotism poli- cy—once he graduated, there would “I was listening to your opening state- “People presumed my primary focus be no position for him at the firm. ment and I was back in law school would be practicing law,” Lockhart with Greer,” the judge later told Jim Watson said.“They saw me as a career Jim Lockhart didn’t want or expect Lockhart. person. But I’m very happy with my any such treatment.And he says his decision.” inspiration to study the law was kin- “That’s nice, judge,” Jim Lockhart dled years earlier when, in junior high replied.“But I hope you were listening Ann Lockhart Watson and John S.Wat- school, he watched Greer Lockhart try to what I had to say.” son have hosted a pair of 1979 class a products liability case before federal reunions at their Twin Cities home. Judge Earl Larson. When Jim Lockhart began practicing The Class of 1979 eschews formal law 18 years ago,“just about everyone gatherings in favor of relaxed parties “It was impressive to watch him ques- knew my father, but that’s not true on summer afternoons hosted by class tion witnesses and present his case to a today,” he said. Early in his career, he members.That formula has boosted jury,” said Jim Lockhart.“He com- made the decision to take a different attendance. manded attention in that role.” path.“I wanted to break away and have my own career,” Jim Lockhart said. “We’ve had really well attended Jim Lockhart enjoyed the “intellectual reunions,” said Lockhart Watson. challenge” of law school, but by his While his father focused on personal second year, he was able to hold down injury cases, the younger Lockhart Unlike his sister, James M. (“Jim”) a part-time job at a firm. By his third works as commercial litigator in busi- Lockhart didn’t appear to be headed year of law school, he was juggling ness disputes, and real estate and pro-
50 Law Alumni News ♦ FALL 2004 Alumni Commons fessional liability cases. He doesn’t try as many cases as Greer Lockhart— that’s just a sign of the times
But there’s another, perhaps more important, difference in the practice of law.“There’s a lot of time spent on marketing now,” said Jim Lockhart, Class of 1986.“Dad practiced law and handled cases.Today, many lawyers have to recreate themselves many times, learning new specialties.That’s not necessarily a bad thing, but it is dramatically different from years ago.” The Kellers n the fourth grade, Liz Brandsdor- Gregg Orwoll and Tristen Lindemann fer became the unofficial typist of Ithe Chamberlain, S.D. high school debate team, tapping out notes for jobs at a downtown leasing company Grand Rapids, Michigan upon gradua- speeches on a salmon-colored IBM and at a local bar while watching her tion.“I interviewed with 20 of the 27 Selectric. Her mother, English teacher mother hit the books.“I learned very attorneys in one day and liked every Mary Keller, coached the squad, and good study habits,” Liz said. single one of them,” she said.“It was according to Liz, frequently mentioned an easy decision.” her desire to switch professions to Inspired, Liz soon took the LSAT, scor- become a lawyer. ing a single point lower than Mary. At the firm, Bransdorfer splits her time “There was some good-natured teasing between family law and Those two influences led Bransdorfer, about that,” Liz said. commercial/real estate law, working Class of 1985, who was known as Liz alone on divorces and as part of a team Keller while attending the University, After law school, the women’s careers on other civil litigation.The mix of to a legal career.“It’s what all the took separate directions. Mary Keller cases serves her well.“I like the auton- smart, articulate kids decided to do and joined husband John W.Keller in omy and the team work,” she added. I decided I wanted to be one of Huron, S.D. and practiced with him for them,” Bransdorfer said. two years before winning election to Nearly two decades after finishing law become Beadle County State’s Attor- school, Bransdorfer is still quick to cite Little did she know that her mother ney.As the area’s top prosecutor, Keller her mother as a role model.“There would enroll first.At age 41, Mary handled a variety of criminal cases, were no women lawyers or judges in Keller gazed into the future and real- including child molestation. rural South Dakota when I was grow- ized,“I don’t want to be teaching ing up,” she said.“I wouldn’t have seen sophomores for another 25 years.” So “Those were the worst ones,” Keller it as an option for me if I wouldn’t she scored well on the LSAT and said.“It breaks your heart to have to have seen her do it.” earned admission to the University of put those poor little girls on the wit- Minnesota Law School.When she ness stand.” arrived on the Minneapolis campus, The Orwolls she was relieved to learn she wasn’t the Keller served 12 years as county attor- regg Orwoll considers himself oldest student in the program. ney, unafraid to proceed to trial in a lucky man,“I’ve always been cases where she was unsure of the out- Gfortunate,” he said.“I always “I wasn’t intimidated,” Keller said.“It come.“There are way too many plea seem to be in the right place at the was fun.The professors were wonder- bargains,” she said.“I like to try cases right time.” ful, especially Donald Marshall. I don’t and let the public decide.That’s what think Harvard or Yale could touch juries are for.” Orwoll was raised in North Branch, him. He was terrific.” Minnesota, where his father worked Since 1997, Keller has worked in pri- as superintendent of schools. Keller, Class of 1981, shared an apart- vate practice, working in probate, fami- Attending a small school gave him the ment with her husband during the first ly law and as a criminal defense attor- chance to participate in just about two years of school, but when he ney, representing juveniles and indigent everything: track, football, mixed cho- returned to South Dakota to establish a adult clients. rus and theater. new law practice (he’s also an attor- ney), Liz moved in.A recent B.A. grad- Meanwhile, Bransdorfer landed a job Even when he was fooling around, uated from the university, Liz juggled with Mika Meyers Beckett & Jones in things seemed to fall in place for
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Orwoll. During rehearsal for a high case resulted in a Minnesota “I liked that role,” she said.“It goes to school play, he nearly missed his cue Supreme Court ruling in favor of the my values of wanting to improve because of shenanigans taking place Mayo Clinic. things and avoid conflict as much as behind the curtain.As a result, he was possible. By preventing problems, late slipping into costume, which con- During his three decades at the Mayo you’re serving the client well.” sisted of a sports coat and tie. Orwoll Clinic, Orwoll and his wife raised five quickly pulled on the jacket, but ended children, two of whom became Lindemann’s work in Duluth inspired up fastening the necktie as he strolled lawyers.Tristen Lindemann, Orwoll’s her to return to school to study special on stage. Instead of a rebuke, the direc- daughter, remembers visiting her education.A 1992 master’s degree in tor exclaimed,“I like that! Do it that father’s office on weekends. education gave her the expertise to way from now on!” work in a Twin Cities suburban school Although Lindemann never had a district and the Minneapolis Public After his 1944 graduation from high “really good idea of what he did,” the Schools as an early childhood specialist. school, he enlisted in the Army Air impression was positive.“Growing up, I Corps, but World War II ended before saw lawyers as positive people who got The birth of her first child temporarily his flight training began, sparing him things done,” she said brought career plans to a halt. Linde- from battle. mann’s two children, ages 8 and 5, are As an undergraduate, Lindemann now old enough for her to return to A member of Class of 1953, Orwoll majored in political science, graduating work at least part-time, but she's an had been working for several years at from the University of Minnesota. She active volunteer on the PTA, which is Dorsey & Whitney in Minneapolis worked at a variety of odd jobs before more work than one might imagine. when one of the firm’s clients, the taking the LSAT “at the last minute” Mayo Clinic in Rochester, Minnesota, and winning admission to the law “My law school experience was very needed additional legal assistance.An school. positive,” Lindemann said.“I met a lot attorney by the name of A.M.“Sandy” of amazing people. It’s special to be in Keith, who went on to become a Boyd Agnew Dryer & Storaasli, a a place where there are so many intel- Minnesota lieutenant governor, had Duluth, Minnesota firm, hired Linde- ligent people.” ♦ just won election to the state senate, so mann after she graduated in 1988. Her Mayo needed an assistant for its chief favorite client was the local public By Todd Melby. Melby is a Minneapolis-based legal counsel. His name was Harry school system, where she served as an freelance writer and independent radio Blackman. advisor and consultant. producer.
“[Blackman] was just about as honor- able as you can imagine,” Orwoll said. “He had a wry sense of humor and he was a very hard worker.”
About six months after Orwoll’s arrival, Blackman was appointed to the United States Eighth Circuit Court of Appeals. He later became a United States Supreme Court justice and is best known for writing the majority opinion in the landmark Roe v.Wade decision in 1973.
Blackman’s departure opened the door for Orwoll to become the clinic’s gen- eral counsel in 1963. During 31 years at Mayo, Orwoll worked in many areas of the law, including tax, corporate, On October 23, 2004, Dean Alex Johnson was joined by alumni and friends at immigration and medical malpractice. the Minnesota Gopher's Homecoming game: (Front Row) Prof. John Matheson, “It was a wonderful variety of legal Dean Johnson,Tim MacDonald, Regent Lakeesha Ransom, (Back Row) Judy work,” he said. Matheson, Scott Davies ('69), Judge Joan Ericksen ('81), Judge James Dickinson ('65), Rick Pepin ('67),Tom Newcomb ('76), Chris Chaput ('85), Jean Chaput ('60). One of his most memorable cases: pro- tecting the clinic’s name by suing the owner of a medical products firm called Mayo’s Drug + Cosmetics.The
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1972 JUDGE MICHAEL J. DAVIS has been awarded the 2004 Judicial Professional- Class Notes ism Award by the Hennepin County Bar Association.This award recognizes Judge Davis for exemplifying professionalism, competence, integrity and ethical con- 1957 1968 duct in the justice system. The Ramsey County Bar Association WILLIAM ECKLUND has awarded MICHAEL GALVIN with a of Felhaber, Larson, Former Minnesota Supreme Court distinguished Humanitarian Service Fenlon and Vogt, P.A. Justice JAMES H. GILBERT is returning Award.The award is given to an attor- was inducted as a Fel- to private practice, opening James H. ney who demonstrates substantial low of the American Gilbert Law Group in Minnetonka. length of service to the bar and com- College of Employee Gilbert will focus on real estate, munity. He has spent his 46-year legal Benefits Counsel. Elec- corporate and employment law. career at Briggs and Morgan. tion to the College reflects a careful judgment by promi- nent employee benefits practitioners with demanding criteria, emphasizing 1973 1958 both excellence in the quality of prac- Hennepin County District Court Judge WILLIAM E. MULLEN, attorney with tice and serious contributions to the CATHERINE L.ANDERSON became Maslon Edelman Borman & Brand L.L.P., public’s understanding and appreciation the new chairperson of the American was the co-recipient of the Second of employee benefits law.The induction Bar Association’s Criminal Justice Judicial District Pro Bono Award, given took place in Atlanta, Georgia on August Section. in conjunction with the Minnesota State 7, 2004. Bar Association Legal Assistance to the THOMAS M. SIPKINS recently joined Disadvantaged Committee’s Subcom- ROBERT J. HENNESSEY has been the law firm of Maslon Edelman Borman mittee on Pro Bono and the Judiciary named the chair of the Fund for Legal & Brand LLP as a partner. He is a mem- and the Ramsey County Bar Associa- Aid Society, which raises private sector ber of the litigation group, practicing in tion. He was nominated on behalf of support for the Legal Aid Society of the areas of commercial litigation and Children’s Law Center of Minnesota for Minneapolis. employment and labor matters on his dedicated representation of children behalf of management. in the foster care system in Ramsey County. 1969 ROBERT SCHWARTZBAUER, Manage- 1974 ment Assistance Program (MAP) board MARY L. GREINER has been fully 1961 chair, recently received Dorsey & Whit- credentialed as a Substance Abuse MURRAY L. GALINSON has been ney’s The Scales of Justice Award for Professional, able to evaluate and elected Chair of the California Universi- Distinguished Service for his leadership recommend the level of care require for ty Board of Trustees. He was appointed for MAP and For the Kids Foundation. USDOT-regulated workers who have to the California State University Board He is a partner in Dorsey’s litigation positive drug screens. of Trustees by Governor Gray Davis in department and head of the firm’s 2001 and elected chair of the 26-mem- antitrust/distribution law group. ber board in June 2004.The California State University system consists of 23 1976 campuses throughout California. TOM PUGH has been appointed to the 1971 five-member Minnesota Public Utilities MICHAEL V. CIRESI as been reelected Commission. Commissioners regulate to the executive board of Robins, the rates and services of electric, natu- 1963 Kaplan, Miller & Ciresi, LLP.He also con- ral gas and telephone companies. Pugh MARVIN C. GUTHRIE has joined the tinues to serve as chairman of the resigned from his District 39A House firm of Sterne, Kessler, Goldstein & Fox board. seat on August 31 and started his job in New York as Of Counsel. the next day.
DAVID STOFFERAHN was recently reappointed by Governor Tim Pawlenty as a judge on the Workers’ Compensa- tion Court of Appeals. He joined the WCCA in 2002.
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1982 JAN M. CONLIN has been appointed to a one-year seat on the board at Robins, Kaplan, Miler & Ciresi, LLP. 1983 MARY S. RANUM was recently elected to serve on the Board of Directors of Fredrikson & Byron, P.A.Ranum is Chair of the Real Estate group and works with a broad range of clients including lending institutions, major retailers and real estate developers on acquisitions, financings, and leasing.
The Class of 1969 Reunion was held on Friday,August 27 and Saturday, August 28, 2004. Members of the class posed for this picture in front of the newly remodeled Coffman Memorial Union on Friday evening. 1985 GREGORY W. JACKSON has become the chief executive officer of Valeo Intellectual Property, Inc., formally 1978 1980 RSiCopyright. ERIC P.JOHNSON has been appointed ROBERT J. DWYER recently accepted PAMELA OLSON has rejoined the law to serve as a military judge in the Naval the position of Partner-in-Charge of firm of Skadden,Arps, Slate, Meagher & Reserve. Dorsey & Whitney’s New York Office. Flom in New York as a partner in the tax section. RONALD J. RAPP has joined the firm of CHRISTOPHER S. HAYHOE has been Vedder Price in the Chicago office. He named Vice President of the Board of will serve as Counsel in the Equipment Directors at Felhaber, Larson, Fenlon & Finance Practice Group, concentrating Vogt, PA. 1981 BRENT BOSTROM recently joined in the area of corporate finance and Growmark, Inc. as corporate counsel. securitization.
1979 WILLIAM M. HABICHT has been elect- Minnesota Court of Appeals Judge G. ed president of Messerli & Kramer, P.A. 1986 BARRY ANDERSON was appointed to He is a member of the business, banking NANCY ONKKA has joined William the Minnesota Supreme Court by Gov- and real estate sections of the Minneso- Mitchell College of Law as assistant ernor Tim Pawlenty on August 27, 2004. ta State and Hennepin County bar dean of career services. Anderson served on the Court of associations. Appeals since August 1998. MICHAEL R. SAVRE was recently TERESA B. BONNER, director of the appointed by Governor Tim Pawlenty to 1987 U.S. Bancorp Foundation and vice presi- the 1st Judicial District Court. Minnesota Racing Commission member dent of corporate community relations, DARCY L. HITESMAN has been was recently named one of The Business RONALD J. SCHUTZ has been reelect- appointed as its Chair by Governor Tim Journal’s Women in Business honorees ed to the board at Robins, Kaplan, Miler Pawlenty. She was appointed as a mem- for 2004. & Ciresi, LLP. ber of the Commission in October 2003; she began her chair appointment GREGORY P.BULINSKI, of Bassford The Supreme Court of Minnesota on July 1, 2004. In addition, Hitesman Remele, P.A.,has been elected vice pres- recently reappointed MICHAEL W. has joined her law firm with Andrew Ky ident of the Minnesota Defense Lawyers UNGER, a partner at Rider Bennett, to Haynes, creating HaynesHitesman P.C. Association. a three-year term on the Advisory with offices in Kansas City, Missouri and Committee on the Rules of Civil Minneapolis. Procedure.
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JEFFREY A. SEPESI joined the firm of NICOLA HESKETT has been named a 1989 Briggs and Morgan, P.A.in Minneapolis partner with the law firm of Shook, as an associate in the environmental Hardy & Bacon, L.L.P.in Kansas City, CHARLES W. GOULD, national presi- practice. Missouri. Her practice focuses on prod- dent of Volunteers of America, was ucts liability defense, primarily in the recently awarded the Excellence in DAVID SWENSON has rejoined the areas of tobacco and pharmaceutical liti- National Executive Leadership Award by law firm of Robins, Kaplan, Miller & gation. the National Assembly of Health and Ciresi, L.L.P. as a partner. Human Services Organization.The STUART SORENSON has joined the award was presented at the National law firm of Duane Morris L.L.P.as a Assembly of Health and Human Ser- partner in the San Diego office. He vices Organizations’ Essence of Leader- 1995 focuses his practice in the area of cor- ship Awards event in Washington, D.C. PAUL A. BANKER of Lindquist & Ven- porate law with an emphasis in corpo- num PLLP has been appointed to a two- rate finance, mergers and acquisitions, year term on the Minnesota Supreme public and private securities offerings, 1990 Court’s Advisory Committee for the joint ventures and general corporate Rules of Civil Procedure. JAMES N. BOUDREAU has joined the matters. firm of Littler Mendelson in its Philadel- HEIDI N. CHRISTIANSON has joined phia office. His practice focuses on Moore, Costello & Hart, PLLP.She trade secrets law and class actions. served as an assistant attorney general 1997 in the Charities Division of the Min- AMY E. ERSKINE has been elected a nesota Attorney General’s Office from shareholder at Briggs and Morgan, P.A. 1992 1996 to 2001. She is a member of the Business Law SHAUN R. FLOERKE was appointed to Section and has extensive experience the 6th Judicial District trial court AMYLYNNE HERMANEK was recently providing corporate legal counsel to bench in St. Louis County by Governor selected as one of five people to receive public and privately held companies Tim Pawlenty.He will be chambered in the Jay and Rose Phillips Award, which is across a variety of industries. Duluth. given annually to people with disabilities who have achieved outstanding success JOANN EVENSON has joined the law GREGORY P.RAYMER recently won in their vocations. She is a staff attorney firm of Neils, Franz & Chirhart of St. the 2004 World Series of Poker. with Central Minnesota Legal Services, Cloud as an associate. She will be prac- focusing on family matters, including ticing in the area of family, business and divorce, child custody and abuse. She employment law. also spends a considerable amount of 1994 time helping people with disabilities LEE M. FRIEDMAN has been elected a GREGORY GISVOLD has a new secure government benefits and aid. shareholder at Briggs and Morgan, P.A. position as Senior Manager of Rule He is a member of the Labor and of Law Chemonics International in MARSHA STOLT has joined Moss & Employment Law section and concen- Washington, D.C. Barnett as an associate attorney in its trates his practice primarily in employ- business law practice group. She will ment litigation defense and counseling SUSAN C. GLEN has been elected to counsel clients on a variety of intellec- human resources professionals, execu- the Oregon State Bar House of Dele- tual property issues including trade- tives, and in-house counsel on a wide gates in Portland, Oregon. Her term mark, copyright, and unfair competition. range of legal matters. started in August and will end in April 2007. SCOTT A.WOLFSON, a partner at HOYT R. STASTNEY of Quarles & Detroit-based law firm Honigman, Brady L.L.P.has been elected to serve as CHRISTINE L. MENNEN has joined Miller, Schwartz, and Cohn, L.L.P.,has a director of the Business Law Section Beisel and Dunlevy, PA as an associate. been elected to a three-year term in of the State Bar of Wisconsin.As direc- She will practice in the areas of real the State Bar of Michigan’s Representa- tor, he will be a member of the board estate litigation and related matters. tive Assembly. responsible for overseeing the activities of the nearly 2,000 Wisconsin attorneys CHARLES SCHOENWETTER has who are members of the Business Law joined Bowman and Brooke as an asso- Section. ciate. He will focus his practice on busi- 1996 ness and construction litigation and KATHERYN A.ANDRESEN has been product liability. named a partner at Bonnabeau, Salyers, Stites and Doe, joining the firm’s infor- mation technology law practice.
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CHRISTOPHER GRENGS has accepted 1998 2000 an appointment as an Attorney Advisor at the Federal Trade Commission’s NEAL BLANCHETT has joined Tradi- CLAYTON W. CHAN has joined the Office of Policy Planning.The Office of tion Development, a real estate devel- law firm of Winthrop & Weinstine, P.A. Policy Planning develops the FTC’s long- opment company in Edina. as an associate. He will practice in the range policy and legal objectives; pro- estate planning and business succession vides legal advice on new issues; and ANDREW M. CARLSON has joined group. provides comments and analysis on the St. Paul office of Briggs and Morgan state, federal, and international competi- as an associate in the telecommunica- MARK IRELAND has joined the law tion issues. tions practice group. firm of Robins, Kaplan, Miller & Ciresi, L.L.P.as an associate. He focuses his KAREN TERESE OLSON has joined the BRIAN A. MANSON has opened his practice in the areas for business and firm of Lubov & Associates. Olson will own law practice in Sherman Oaks, trial litigation. be practicing primarily in the area of California, focusing in business and real domestic relations law. estate transactions, litigation and estate planning. He can be reached through ANTHONY SCLAFANI has joined the www.mansonlaw.com. 2001 MARK BERHOW has joined the law District Attorney’s Office for the 1st Judicial District in Santa Fe, New SHANE SWANSON was recently firm of Hinshaw & Culbertson as an Mexico. named partner at Parsinen, Kaplan, associate in the firm’s litigation practice. Rosberg & Gotlieb, P.A.He is part of CHRISTY SZITTA recently joined the the firm’s personal legal planning team. JOEL A. HILGENDORF has joined the law firm of Hellmuth & Johnson PLLC law firm of Faegre & Benson as an asso- as an associate attorney. He will be ciate in the real estate group. practicing in the areas of real estate and 1999 community association law concerning PAUL KOHLS of Rider Bennett and a residential and commercial real estate 2003 legislator in the Minnesota House of matters, as well as condominium and KIM JODENE DONAT has joined the Representatives has been named to the townhouse associations. law firm of Best & Flanagan as an associ- Business Journal’s 2004 Forty Under 40 ate.As a member of the firm’s real list of peer-nominated young profession- ANNE MURPHY has joined Merchant estate section, she will be practicing pri- als who have made significant business & Gould as an associate. She works pri- marily in the area of commercial real accomplishments and contributions to marily in the areas of patent prosecu- estate lending. their communities. tion, litigation and client counseling in applied chemical arts, pharmaceutical JEREMY L. JOHNSON has joined Mans- ANDREW P.MULLER has joined Peter- arts and biotechnology. field,Tanick & Cohen as an associate. He son, Fram & Bergman, PA, as an associ- will be working primarily in the areas of ate. He will practice primarily in the LUIS RESENDIZ of Fredrikson & Byron, class action, employment law and com- areas of business, finance and commer- P.A.has been named to the Business plex litigation. cial litigation. Journal’s 2004 Forty Under 40 list of peer-nominated young professionals RYAN W. MARTH has joined the law JIM SANKOVITZ has accepted a who have made significant business firm of Robins, Kaplan, Miller & Ciresi, position with a hedge fund management accomplishments and contributions to L.L.P.as an associate. His areas of prac- company in Minnetonka, EBF & their communities. tice include antitrust and trade regula- Associates. tion, business trial and litigation, and mergers and acquisitions. REBECCA (HANSEN) SIMONI has been 2002 MOLLY McKEE has joined Larkin Hoff- named a Principal CHAD DROWN recently joined the man Daly & Lindgren in Bloomington as Associate at the law law firm of Faegre & Benson as an asso- an associate. firm of von Briesen & ciate in the intellectual property group. Roper, s.c. in Milwau- kee,WI. She practices in the firm’s Banking, Bankruptcy and Business Restructuring Practice Group.
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M.TANVIR RAHMAN has joined the law firm of Hollins Schechter in Santa In Memoriam Tributes Ana, California as an associate in the Bad Faith Insurance Defense Group.
ANGELA SAMEC has joined the law firm of Barna, Guzy & Steffen in Min- neapolis as an associate. She will prac- tice commercial real estate.
ROBERT J. SHAINESS has joined Fredrikson & Byron as an associate in the firm’s litigation group.
ELIZABETH STUVA has joined the law firm of Barna, Guzy & Steffen in Min- neapolis as an associate. She will prac- tice corporate law.
ELIZABETH E.TOBIN has joined the law firm Stueve Siegel Hanson Woody LLP in Kansas City, Missouri. Leonard Lindquist speaking at the annual William B. Lockhart Dinner, October 16, 2003. 2004 DAWN M. HOLICKY recently joined In October 2003, he received the Out- the law firm of Faegre & Benson as an Leonard E. Lindquist standing Achievement Award from the associate in the corporate group. CLASS OF 1939 University of Minnesota.This award is Leonard E. Lindquist, beloved alum of the highest honor bestowed upon SARA K.VAN NORMAN recently the Law School, passed away on Sep- alumni by the Regents and recognizes joined the law firm of Faegre & Benson tember 10, 2004, at the age of 92. He graduates who have attained unusual as an associate in the construction law graduated from the University of Min- distinction in their chosen fields or group. o nesota Law School in 1939. professions or in public service, and who have demonstrated outstanding In 1946, Mr. Lindquist helped found leadership on a community, state, the law firm of Larson, Loevinger, national or international level. Lindquist, Freeman & Fraser, now Lindquist & Vennum. He was a promi- He is survived by his second wife, nent national labor mediator and arbi- Bernardine Ann Walsh; sons Lowell, trator who devoted his career to repre- Larry and L. Kelley; a brother,Walter; senting working people. He had an four grandchildren; and one great- extensive background in labor, civil grandchild. Mr. Lindquist’s first wife, rights and community leadership. He Elsie Kelley, passed away in 1979. also served two terms in the Minneso- ta House of Representatives. Leonard Lindquist was a remarkable person, who significantly influenced Though he “retired” from active legal the law and the Minnesota legal com- practice in 1977, it did not stick until munity. He leaves behind an indelible 1988. Even then, he continued to mark on this world. work from his downtown office and at the age of 90, Mr. Lindquist spent 20 to 30 hours a week as an arbitrator Lee Loevinger and mediator. CLASS OF 1936 Lee Loevinger, notable alum of the Mr. Lindquist’s private life was no Law School, passed away on April 26, less exemplary than his public work. 2004 at the age of 91.A native of St. In recent years, he devoted much of Paul, he graduated from the University his time to various non-profit of Minnesota in 1933 and from the organizations. Law School in 1936.
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From 1946 to 1960, Mr. Loevinger was and wrote Statland took a leave of absence from a partner in the Minneapolis, Min- numerous books the University of Minnesota and nesota, law firm of Larson, Loevinger, and articles in worked for the FDA for two years. Lindquist, Freedman, and Fraser, except the area of clin- from 1941 to 1946 when he served as ical pathology. In 2002, he returned to Minnesota to an attorney for the Antitrust Division After working complete his last year of law school. of the U.S. Department of Justice. Mr. in various hos- Upon graduation, he accepted an offer Loevinger was also an associate justice pitals and labo- to join the Washington, D.C. law firm on the Minnesota Supreme Court in ratories around of Arent Fox in its regulatory and 1960 and 1961. the country, he health law practice. decided to pursue a new profession Mr. Loevinger was perhaps most and attended law school at the Univer- In addition to his wife,Alexandra Stat- famous for serving as the chief of the sity of Minnesota. land, he is survived by two children, Antitrust Division in Bobby Kennedy’s Beverly Statland and Eli Mark Statland, Justice Department from 1961 to During his first year of law school, he and two sisters. 1963. He also served on the Federal took a job with the Food and Drug Communications Commission from Administration in Washington, D.C. as Dr. Statland is remembered fondly and 1963 to 1968. the director of the office of device missed by his classmates, professors and evaluation in the FDA’s Center for the staff at the University of Minnesota In 1968, Mr. Loevinger joined the law Devices and Radiological Health. Dr. Law School. o firm of Hogan & Hartson, becoming a partner in 1970. He officially retired in 1985 but maintained an office at the firm until his death. SAVE THE DATE! He was the author of some 150 pub- lished books and articles in the field of law, economics, antitrust, communica- tions and science. Several of his publi- cations have been translated and pub- lished in several foreign languages.
His wife of 54 years, Ruth Howe Loevinger, passed away last December. He is survived by two sons, Eric and Peter; a daughter, Barbara; a sister, Jane Weissman; a brother, Robert; and two granddaughters.
Lee Loevinger’s passing evoked tributes from many individuals who had worked alongside him over the years. He is gone but his spirit is still with us. Bernard Statland CLASS OF 2003 Bernard Statland, a recent graduate of APRIL 17, 2005 the Law School, died on October 19 in Rockville, Maryland. He was 62 and RACE FOR JUSTICE 5K Fun Run/Walk had been battling brain cancer.
Dr. Statland was a native of St. Paul, Mark Your Calendar NOW to attend the Minnesota. He graduated from the Law School’s largest public interest fundraiser!!! University of Minnesota with an undergraduate degree in 1963, a degree in medicine in 1968 and a doc- The Race for Justice is coordinated each year by the Public Interest torate in biochemistry in 1970. Law Students’ Association. If you would like more information, including how your organization can be a recognized race sponsor, Dr. Statland spent much of his early E-Mail: [email protected] professional life as a clinical pathologist
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CLASS OF 1952 Myron D. Molander In Memoriam Minneapolis, MN September 21, 2003 CLASS OF 1931 CLASS OF 1941 Floyd E. Nelson Edwin F. Ringer CLASS OF 1962 Minneapolis, MN Minneapolis, MN Edward A. Kutcher May 4, 2004 October 12, 2004 Minnetonka, MN December 2, 2002 CLASS OF 1935 CLASS OF 1943 Allan W.Adams Calvin J. Lerman CLASS OF 1966 Bloomington, MN St. Paul, MN Bruce E. Hanson April 29, 2004 May 20, 2004 North Oaks, MN October 5, 2004 CLASS OF 1936 CLASS OF 1946 Lee Loevinger Honorable Leonard M. Paulson CLASS OF 1967 Washington, DC Milaca, MN William van Zandt Lahr April 26, 2004 November 25, 2003 St. Paul, MN . October 4, 2004 CLASS OF 1938 CLASS OF 1948 Saul T.Benjamin Stan D. Donnelly, Jr. CLASS OF 1970 Sacramento, CA St. Paul, MN Stephen Refsell April 23, 2004 June 25, 2004 Little Rock,AR August 23, 2004 John H. McAllister, III Merlin G. Dutcher Cleveland, OH Fullerton, CA CLASS OF 1975 May 30, 2004 May 6, 2003 Patricia D. Cepican Davenport, IA William J. Powell Henry M. Grether January 23, 2004 Cohasset, MN Sandy, UT September 25, 2004 September 8, 2003 John J. Murphy Elk Point, SD CLASS OF 1939 Hartley A. Nordin March 19, 2003 Leonard E. Lindquist Minneapolis, MN Minneapolis, MN October 4, 2004 CLASS OF 1978 September 10, 2004 George O. Ludcke CLASS OF 1949 Minneapolis, MN Cole Oehler Walter W. Laidlaw September 12, 2004 Minneapolis, MN Naples, FL June 9, 2004 April 23, 2004 CLASS OF 2003 Bernard Statland Wallace C. Sieh CLASS OF 1950 Rockville, MD Winona, MN Sherman Bergstein October 19, 2004 April 23, 2004 Minneapolis, MN April 30, 2004 As of October 29, 2004
Walter C. Gustafson Edina, MN March 31, 2004
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Now you can send your Class Notes or contact changes to us on-line. Go to www.law.umn.edu/alumni/submit.html for Class Notes or www.law.umn.edu/alumni/change_address.html for contact information updates or send to: External Relations; N160 Mondale Hall; 229 19th Avenue South Minneapolis, MN 55407; (fax) 612-626-2002 Class Notes News NAME ______CLASS YEAR ______NEWS/COMMENTS ______Change of Address
NAME ______CLASS YEAR ______FRIM/COMPANY ______BUSINESS ADDRESS ______BUSINESS PHONE ( ) ______FAX ( ) ______E-MAIL ______HOME ADDRESS ______HOME PHONE ( ) ______
I prefer my mail be sent to my: K HOME K WORK
60 Law Alumni News o FALL 2004 University of Minnesota Law Alumni Association
OFFICERS Stacy L. Bettison ’99, President Stephen F.Befort ’74, Treasurer
DIRECTORS Term Ending 2005 John R. Beaulieu, ’97, Miami, FL Philip C. Carruthers ’79, St. Paul, MN Tracey B. Davies ’97, Austin,TX Sylvester James, Jr. ’83, Kansas City, MO R. Hugh Magill ’85, Chicago, IL Erica D. McGrady ’96, Washington, DC Lynn M. Roberson ’79, Atlanta, GA Brian J. Schoenborn ’95, St. Cloud, MN Michael R. Sieben ’72, Hastings, MN Paul D. Swanson ’82, Seattle,WA Mary L.Wegner ’86, Santa Monica, CA Gail L.Weinstein ’83, New York, NY
Term Ending 2006 Stacy L. Bettison ’99, Minneapolis, MN Elizabeth Bransdorfer ’85, Grand Rapids, MI Joseph T. Carter ’83, Apple Valley, MN Christopher J. Chaput ’85, Chatham, NJ A. James Dickinson ’65, St. Paul, MN Neil Fulton ’97, Pierre, SD Natalie Hudson ’82, St. Paul, MN Brian L. Johnsrud ’96, Palo Alto, CA Edmundo D. Lijo ’86, St. Paul, MN Charles Noerenberg ’82, St. Paul, MN
Term Ending 2007 Grant D.Aldonas ’79, Washington, DC Thomas A. Clure ’63, Duluth, MN Joan Ericksen ’81, St. Paul, MN Joan L. Heim ’68, Washington, DC Thomas R. Hood ’73, New York, NY David M. Kettner ’98, Madison,WI LaJune T. Lange ’78, Minneapolis, MN David V.Lee ’70, Los Angeles, CA James M. Neville ’64, Ladue, MO Judith L. Oakes ’69, Minneapolis, MN Edward J.Wallin ’67, Orange, CA Ann L.Watson ’79, Minneapolis, MN
Alex Johnson, Jr., Dean UNIVERSITY OF MINNESOTA LAW SCHOOL N160 Mondale Hall Nonprofit Org. 229 19th Avenue South U.S. Postage Minneapolis, MN 55455 PAID Minneapolis, MN Permit No. 155