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Pacific Law Spring 2010 the publication of the university of the pacific mcgeorge school of law 2010 Spring Spring Ethics: Legal Education’s Greatest Challenge Together we can make a difference. Support the McGeorge Fund today. Connect with your alma mater Engage with students and other alums We will be in touch with you throughout the year: • Expect exclusive event invitations throughout the year. • Alumni Calling Program in the Spring and Fall. • Alumni Biographical and Alumni Comment form mailed Inspire the next generation of leaders twice a year – share your latest news! • Participate and invest in today’s students! • Pacific Law magazine mailed in the Spring and Fall. Pacific McGeorge Office of Advancement | 3200 Fifth Avenue, Sacramento, CA 95817 | 916.739.7300 On the Move with Pacific McGeorge nnovative, visionary, global, diverse – these are just a few adjectives that describe Pacific McGeorge. IPacific McGeorge is building on these strengths with innovation and advancements including: • Creating an international curriculum that has become a national model for excellence; • A continued commitment to increasing diversity in our legal community; • Expanding outstanding programs such as our legal clinics, Global Lawyering Skills program, and competition teams; • Attracting an exceptional group of students whose work is being recognized nationally and internationally for their lawyering skills; and • A faculty that continues to excel in both their academic scholarship and teaching excellence. It is no surprise that Pacific McGeorge is solidifying its role as a national center of excellence in producing practice ready graduates who will lead the way now, and in the future. We ask you to join us and help continue Pacific McGeorge’s rise as a nationally recognized center of excellence in legal education. Simply put, there is no better time to be affiliated with Pacific McGeorge! alumni.mcgeorge.edu/makeagift alumni successes emerging as a result their Pacific McGeorge education, including impressive leadership roles in state Message from and local government, transnational business agreements, jury verdicts in the millions of dollars, and other obvious The Dean demonstrations of excellence. But i also hear about unseen victories — such as when an alum recently thanked me for advice given long ago that changed the course of his career. His words made a powerful impact, “You gave me a life.” while i may have offered the catalyzing words, it is clear that his success is owed to the preparation he received at Pacific McGeorge. with all of this, what changes do i hope to see? Only this —that law students and alums alike recognize the gift our community represents — and to tell others about it, as well! That will build a reputation to equal the law school’s true capability, one step at time. in years past, law schools were often notorious for advising their new students, “look to the left, look to the right: two of you won’t be here next year.” These days this advice has changed dramatically. it’s now, “look to the left, look to the right and get to know those students. They will be the colleagues who help you succeed in law school and your careers!” it’s no longer just about competition. it’s now ecently i was asked, “what makes Pacific about connection, commitment and compassion — these McGeorge so special? what makes it different?” are what make the difference and ensure our success — as My response was that it’s a law school uniquely individuals and as a community. focused on producing the best prepared lawyers of Rthe next generation of our profession. “How does it do that?” with warm regards, My answer: it’s a place where students are the focus, where our teacher-scholars are accessible to them in ways not true at many other schools; where staff cares and alumni respond. Dean Elizabeth Rindskopf Parker “Do you really think the students know this?” my questioner asked. in fact, i believe they do. i reported how one student recently rushed across the street as i walked up the drive of the Dean’s cottage to say, “Thank you, Dean Parker! i’m not a number here!” Students come to Pacific McGeorge because they believe they will receive the type of individualized attention — in class and out — to ensure their success. increasingly, i see our alumni, too, demonstrating concern for the members of our Pacific McGeorge community; showing a commitment to the success of one another. This is what our reputation will be built on: the success of each individual in our community, step by step. This is what will increase the reputation of Pacific McGeorge so that it will eventually be identical with the underlying reality. Illustration: Jack Unruh Illustration: Jack for me, the best part of being dean of Pacific McGeorge is hearing stories of alums and others that demonstrate this support and commitment to the success of each other and to the law school. i enjoy hearing about many exciting Spring 2010 Pacific Law 1 PACIFIC LAW f e at u r e s cover story 14 Entertainment Law Attorneys 4 Ethics — Legal They’ve Got Your Back Education’s in the Hollywood’s wild, Greatest wild west Challenge 18 Baseball’s Superstar Agent: Scott Boras 7 Ethics Across the UnivERSity Of THE Pacific Professions Symposium Scott Boras 20 It All Starts Here His career’s profound impact 8 Global Ethics on sports can be measured arriving at One Goal is the by the multi-million dollar Starting Point to another salaries of his clients. Page 18 10 National Ethics Trial Competition 27 Groundbreaking Kennedy, Eibeck Turn In a family of medical 12 Expansion of Ethics professionals, Ashley Tanaka’s Shovels On Legal Studies path could easily have veered in Curriculum center Project into medicine. Page 21 2 Pacific Law Spring 2010 Spring 2010 A Publication of the University of the Pacific McGeorge School of Law Office of Strategic PACIFIC LAW Marketing and Communications Departments 74 The Last Word 1 Message from the Dean Social Media inside back cover 24 School News calendar of Events citizenship fair Helps immigrants 28 Faculty News cherry, wong article Looks at clawbacks 32 Faculty Profile amy Landers 34 Message from the Alumni Board President 36 Alumni News Legal Studies Center Groundbreaking, page 25 David Mastagni Michael Ravn Pat Lundvall christina Geremia Emily Barrett 50 Donor Rolls Spring 2010 Pacific Law 3 Legal Education’s Greatest challenge Photography: Steve Yeater Steve Photography: Teaching ethics isn’t for the faint-hearted. as a review article in the Journal of Legal Education last winter noted, the mandatory professional responsibility class in most law schools is resented by students who simply expect the course to prepare them for the Professor Paul Paton Multistate Professional Responsibility Examination, a two-hour multiple-choice test that is more a rite of passage than a guarantee that budding lawyers know the rules and will be “ethical.” Professor Bill Simon of columbia University wrote in 1991 that “at most law schools, students find the course in legal ethics or professional responsibility boring and insubstantial, and faculty dread having to teach it.” Students often consider the rich literature of sociological, economic, historical and cultural studies of lawyers and the legal profession extraneous or not important to the central task of preparing for the test; yet the course is the one sure place that law schools have to ensure that they are invested in not only teaching students the rules but in developing sound professional judgment. By Professor Paul D. Paton — Director, Ethics across the Professions initiative Ethics4 Pacific Law Spring 2010 nd it’s here where law schools have both the to articulate output measures of what results in a student’s greatest challenge and the greatest opportunity. character and abilities, not just what courses are taught. The landmark 2007 carnegie Report, Educating How this is to be done is controversial, unsettled and very Lawyers, spoke of three “apprenticeships” political. How can we measure ethics and values in a diverse for law students: cognitive apprenticeship population? Shouldn’t that be the job of the state bar? isn’t every (things like learning analysis of judicial professional discipline hearing evidence that we’ve somehow reasoning, which the report said law schools do very well); an failed? and will putting the onus on law schools only worsen the apprenticeshipa of skills (which is often denigrated within the problem? These are critical questions, but for now i think the academy but which is core to the practicing bar and which goes more important signal is that the profession and the public are far beyond a mere deductive application of theories students looking to law schools to both place greater emphasis on ethical learn); and an apprenticeship of “identity and purpose.” it’s and professional formation, and to measure it. There’s even the this last one where ethics and professionalism come in, and in suggestion that the feared and loathed U.S. news law school which the carnegie Report’s authors said that law schools are rankings will in a few years include some input measure that the weakest: they found that the inculcation of a professional takes account of ethics training. identity upon a foundation of professionalism was being The good news for Pacific McGeorge is that the faculty and significantly neglected in U.S. law schools. community remain committed to the mission of educating The carnegie Report identified a non-exhaustive list of effective and ethical professionals needed in today’s world. professional traits that law schools should promote, including integrating ethics education both into the traditional competence, knowledge, skill, honesty, trustworthiness, podium courses and seminars, into the new Global Lawyering reliability, respect for legal obligations, responsibility, civility Skills program, and in clinical and externship settings in dealings with others, personal integrity and empathy.
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