FALL 2005 DEAN Alex M

IN THIS ISSUE Partners in Excellence 2004–2005 Annual Report New Institute Brings Energy and Focus to Crime and Punishment The Toughest Job You’ll Ever Do for Free

The Magazine of the University of Minnesota Law School FALL 2005 DEAN Alex M. Johnson, Jr.

EDITOR Elizabeth Rodke Washburn

ASSISTANT EDITORS Sara Jones Scotty Mann

EDITORIAL ASSISTANCE Marci L. Windsheimer

CONTRIBUTING WRITERS Jason Adkins Beverly Balos Jim Chen Anita Cole Mary Louise Fellows Amber Fox Richard Frase Ann Hagen Katherine Hedin Kristin Hickman Kay Johnson Erin Keyes Nico Kieves Maury Landsman Steve Marchese Martha Martin Todd Melby Scott Russell Mark Swanson Mary Thacker Juan Vega Karla Vehrs Kim Walsh Leslie A. Watson Beverly Wilson Susan M. Wolf

PHOTOGRAPHERS Peter Bastianelli-Kerze Mike Habermann Dan Kieffer Dan Marshall Tim Rummelhoff

DESIGNER Jennifer Kaplan, Red Lime, LLC

This is a general interest magazine pub- The University of Minnesota is committed to the policy that all persons lished throughout the academic year for shall have equal access to its programs, facilities and employment the University of Minnesota Law School without regard to race, color, creed,religion, national origin, sex, age, community of alumni, friends, and marital status, disability, public assistance status, veteran status or sexual orientation. supporters. Letters to the editor or any other communication regarding content should be sent to Editor, University of Minnesota Law School, 229 19th Avenue South, Room N221, Minneapolis, MN 55455.

Copyright 2005 by University of Minnesota Law School. Dean’s Perspective n this issue of the alumni magazine, we feature the study of criminal law at the University of Minnesota Law School. Criminal law has always captured the attention of people throughout the nation. Indeed, over the past few Idecades,America has adopted a CNN mentality that compels people to watch criminal trials as they unfold. Recent trials involving individuals as dis- parate as Michael Jackson and Dennis Kozlowski received continuous national attention. Since the terrorist attacks of September 11, law enforcement is receiving greater scrutiny with renewed calls for greater use of police power by some and complaints by others that such use is a violation of constitutional rights. Many of our most popular movies and television dramas continue to depict courtroom and crime scenes, and the enduring and seemingly endless versions of Law & Order sit atop the Nielsen ratings. Criminal law is, and always has been, one of the most important areas in legal education. The Law School has a rich tradition of devoting resources to the development of criminal legal education and has continued this trend in recent years. I think everyone would agree that a three-hour criminal law course could not begin to cover everything related to “criminal law” today.This is why the Law School offers a variety of courses to our students, ranging from criminal law and criminal procedure to specialty classes emphasizing domestic violence, social justice, race, gender, poverty, legal ethics, and many other relevant topics. At the University of Minnesota, we also believe that law students should develop skills that lawyers need to practice criminal law. This includes such skills as negotiation, interviewing, and trial practice. Indeed, several of our clinics help prepare students for careers in criminal law. DEAN ALEX M. JOHNSON, JR. This magazine showcases the richness of our criminal law faculty and programs.We also profile several important alumni who are making a difference in the field of criminal law. Finally, we reveal the new name for the alumni magazine—Perspectives. Our new name goes along with our new vision and bold new look.The University of Minnesota is a top public urban law school.As a public law school that is part of a larger research university, we are committed to serving the Bench, the Bar, and the greater community.As an urban law school, we have a comparative advantage in integrating the practice of law into the daily teachings of law. I hope that you enjoy reading about what we are doing at the Law School in this issue.We look forward to seeing you at our upcoming events.

Dean and William S. Pattee Professor of Law CONTENTS FALL 2005

COVER 21 New Institute Brings Energy and Focus to Crime and Punishment BY SCOTT RUSSELL Features

Law School’s Leadership Helps 26 Put Brakes on Drunk Driving BY SCOTT RUSSELL

Proportionality Principles in the 28 American System of Criminal Justice BY PROFESSOR RICHARD S. FRASE

Changing Evidentiary Standards in 33 Domestic Violence Prosecutions: The Minnesota Supreme Court Responds to Crawford v. Washington BY PROFESSOR BEVERLY BALOS Departments

FACULTY PERSPECTIVE 2 FIRST PERSON: Estate Planning in the First Millennium: A Path to Salvation BY PROFESSOR MARY LOUISE FELLOWS Faculty Profile: Joan S. Howland

AT THE LAW SCHOOL 36 Minnesota Law Review Celebration Commencement 2005

STUDENT PERSPECTIVE 50 Student Profiles Student Scholarship

ALUMNI PERSPECTIVE 61 Distinguished Alumni Profiles Class Notes In Memoriam

Partners in Excellence

2004-2005

Message from the Dean 75 Report from the National Chair 77 Endowed Chairs, Professorships and Fellowships 78 Scholarships, Academic Awards and Special Assistance Funds 80 Faculty and Program Support 82 Partners in Excellence Honor Roll Leadership Lifetime Giving 84 Annual Giving 88 Giving by Source 90 Memorial Gifts 103 Ways to Give 105 FACULTY PERSPECTIVE At the University of Minnesota Law School, we are dedicated to recruiting and retaining one of the most productive and influential law faculties in the country. During the past ten years, we have added dozens of members to the faculty, including some of the nation’s top legal minds in the areas of criminal law, environmental law, intellectual property, and law and economics. In this issue, we include information about our faculty, including a synopsis of their most recent work, a profile of Associate Dean Joan Howland, summaries of our recent lectures, tributes to Professors Donald Marshall and Andy Schoettle, who retired last year, our recurring First Person piece featuring Professor Mary Louise Fellows, a summary of recent groundbreaking research conducted by Professor Susan Wolf, a memorial to Adjunct Professor Bill Kampf, and a schedule for the faculty works-in-progress for the fall semester.

2 Perspectives FALL 2005 Faculty R&D The following is a partial list of the many accomplishments and activities of the Law School’s faculty. March 1, 2005 through September 30, 2005

left to right Stephen F. Befort, Brian Bix, Dan L. Burk THE JOHN DEWEY LECTURE IN THE STEPHEN F. BEFORT His recent presentations include “Raz, PHILOSOPHY OF LAW Authority, and Conceptual Analysis,” for Professor Befort has been busy with a On September 29, 2005, Professor Joseph Raz number of projects relating to labor and the Conference,“Natural Law and Natur- employment law. Since last Spring, he has al Rights in Contemporary Jurispru- gave the annual John Dewey Lecture in the published the following articles and book dence,” at Princeton University; and two Philosophy of Law. The title of his lecture was reviews:“A Reprise of a Classic: Gorman papers,“Universal Theory in Family Law” “The Problem of Authority.”Professor Raz is & Finkin’s Basic Text on Labor Law: and “The Problem of Persuasion,” given at Professor of the Philosophy of Law and Fellow Unionization and Collective Bargaining,” the International Society of Family Law and Tutor in Law at Balliol College at Oxford in the University of Pennsylvania Journal of World Conference in Salt Lake City. University, and Professor of Law at Columbia Labor and Employment Law,“The Labor University. He has made major contributions to and Employment Law Decisions of the DAN L. BURK jurisprudence, political philosophy, ethics, and Supreme Court’s 2003–04 Term,” in the Professor Burk has spent the past several American Bar Association’s GP Solo Maga- practical reason, and he is one of the most dis- months engaged in intellectual exchange tinguished moral and political philosophers of zine, and “What has Changed in Federal with scholars across the European Union. Discrimination Law?” in the Upper Mid- In May, Professor Burk was hosted at our time. Professor Raz has written numerous west Employment Law Handbook.” He also Oxford University by the Oxford Intel- books including Engaging Reason (2000), Prac- has completed work on the following lectual Property Research Centre, where tical Reasons and Norms (1999), and Ethics in materials that are about to be published: a he spoke on “A Comparative Contempla- the Public Domain (1995). His book The Morality 2005 Supplement to his Employment Law tion of Patentability Decisions.” During of Freedom (1986) won the W.J.M. Mackenzie and Practice book published by West the same visit, he spoke at the Oxford Group, a law review article entitled Book Prize from the Political Studies Associa- Internet Institute on “An Information tion of the United Kingdom, as well as the “When Quitting is Fitting:The Need for Ownership Approach to Spyware.” In a Reformulated Sexual Harassment/Con- June, he spoke on “Autonomy and Moral- Elaine and David Spitz Book Prize from the Con- structive Discharge Standard in the Wake ity in DRM Anticircumvention Law” at ference for the Study of Political Thought in of Pennsylvania State Police v.Suders,” which the Third Annual European Conference New York. Professor Raz earned his Magister will be published in the Ohio State Law on Computing Into Philosophy, held at Juris summa cum laude from the Hebrew Uni- Journal (with Sarah A. Gorajski), and a Mälardalen University in Västerås,Swe- book chapter entitled “The Story of Sut- versity of Jerusalem in 1963 and his Ph.D. from den. Professor Burk spent the first two Oxford University in 1967. ton v.United Air Lines, Inc.: Narrowing the weeks of July in Germany lecturing on Reach of the Americans with Disabilities “Technical Protections for Authors” at the The John Dewey Lectureship is named in honor Act,” which will be published by Founda- Munich Intellectual Property Center at tion Press in Employment Discrimination of John Dewey (1859–952), American philoso- the Max-Planck Institute for Intellectual Stories. Professor Befort recently made pher, educator, and scholar. A proponent of Property, Competition, and Tax Law. Dur- presentations at conferences sponsored by legal realism, Dewey’s philosophy of pragma- ing the latter part of July he traveled to the Federal Mediation and Conciliation the Netherlands to speak first on “Ethical tism related his conception of a moral life to a Services, the International Society for Approaches to Robotic Data Gathering” variety of contemporary social, economic, and Labor and Social Security Law, and the at the Sixth International Conference on political issues. Dewey spent one year as a pro- Labor Arbitration Institute. Computer Ethics: Philosophical Enquiries, fessor of philosophy at the University of Min- at the University of Twente; then to speak nesota (1888–89). The John Dewey Lectureship BRIAN BIX on “Feminism and Dualism in Intellectual is funded by a grant from the John Dewey Professor Bix’s forthcoming publications Property,” at the 14th Biennial Meeting of Foundation and is sponsored by the University include two edited collections,“Philoso- the Society for Philosophy and Technolo- of Minnesota Law School to provide a forum for phy of Law: Critical Concepts in Philoso- gy, at the Technical University of Delft. phy” (four vols., Routledge Press); and Professor Burk’s scholarship continues to significant scholarly contributions to the devel- “Law and Morality,” co-edited with Ken- appear in a variety of peer review and law opment of jurisprudence. neth Einar Himma (Ashgate Publishing). review journals. His article on “Legal and

Perspectives FALL 2005 3 Faculty R&D

left to right Dale Carpenter, Bradley G. Clary, Laura Cooper

Technical Standards in Digital Rights the faculty of the Association of American Management Technology” is forthcoming Law Schools workshop for new full-time in a symposium on “The Information legal writing professors. He continues to Society” in the Fordham Law Review, and serve on the Communication Skills Com- his work on “Copyright and Feminism in mittee of the American Bar Association THE ROGER F. NOREEN CHAIR Digital Media” is forthcoming in the Jour- Section of Legal Education, and is a prin- REAPPOINTMENT LECTURE nal of Gender, Social Policy & Law.Together cipal contributor to the second edition of with Professors Gove Allen of the Free- the ABA Sourcebook on Legal Writing Pro- On October 11, 2005, Joan S. Howland was man School of Business at Tulane Univer- grams which is expected to go to press this reappointed to the Roger F. Noreen Chair in sity and Gordon Davis of the University fall. He is currently serving another term Law. She also serves as the Associate Dean for of Minnesota’s Carlson School of Man- on the governing council of the Minneso- Information and Technology and is recognized agement, he has written on “Academic ta State Bar Association Appellate Practice for her work in law and technology, American Data Collection in Electronic Environ- Section. Professor Clary and Sharon Reich Indian law, legal research, and law librarian- ments: Defining Acceptable Use of Inter- Paulsen this past summer completed an net Resources” in an upcoming issue of updated edition of CiteStation, an interac- ship. She was appointed to the Roger F. Noreen MIS Quarterly.An article by Professor tive electronic product for teaching cita- Chair in 1996. Associate Dean Howland received Burk on “Electronic Gaming and the tion practice published by Thomson/West. a B.S. from the University of California at Davis, Ethics of Information Ownership” is Professor Clary, Sharon Reich Paulsen, an M.A. in History from the University of Texas, forthcoming in the International Review of and Michael Vanselow are also preparing Austin, and an M.L.S. in Library Science from Information Ethics and he has authored a the second edition of their Successful First California State University. She earned her J.D. chapter on “Privacy and Property in the Depositions text, due in November to degree from the University of Santa Clara Law Global Datasphere” to appear in the edit- Thomson/West for publication. ed collection Information Technology Ethics: School and her M.B.A. degree from the Carlson Cultural Perspectives from Idea Press. School of Management at the University of LAURA COOPER Minnesota. In 2002, she completed the Acade- Professor Cooper presented an Invited DALE CARPENTER Address at the Annual Meeting of the mic Leadership Program at the Harvard Univer- Professor Carpenter has published National Academy of Arbitrators in May sity Institute for Higher Education. “Lawrence Past,” in The Future of Gay in Chicago. Her paper discussed the his- The Roger F. Noreen Chair in Law was estab- Rights in America, edited by H.N. Hirsch torical development of procedure in labor (forthcoming), and “Bad Arguments arbitration.The paper will be published by lished by a generous gift from Law School Against Gay Marriage,” in Florida Coastal the Bureau of National Affairs in the alumnus Roger F. Noreen, Class of 1948. Mr. Law Review (forthcoming 2005). Professor Academy’s Proceedings.At the same confer- Noreen’s gift continues a long-standing com- Carpenter is currently writing a book ence, she also co-chaired a workshop on mitment to Law School excellence. He was a entitled Sex, Lies, and the Law:The Story of the intersection of work and family life. member of the Law School Board of Visitors Lawrence v.Texas,which will be pub- The second edition of her book, Workplace and the Law Alumni Association Board of Direc- lished by W.W.Norton in early 2007. Pro- ADR Simulations and Teacher’s Guide, co- tors, and served as the 1975 National Chairman fessor Carpenter spoke at a conference on authored with Carolyn Chalmers, was gay marriage at the University of Georgia, published in September by West.The of the Partners in Excellence Campaign. At the and has debated the subject in Houston at book offers roleplaying exercises for arbi- Law School commencement ceremony in 1992, both the University of Houston Law tration and mediation of union and non- Mr. Noreen received the Regents’Outstanding Center and the South Texas College of union employment disputes. Professor Achievement Award, which is the highest Law. He also debated Professor Michael Cooper recently completed four years as award the University of Minnesota bestows on Paulsen on the constitutionality of the Chair of the Labor Law Group, an inter- its alumni. Mr. Noreen spent a number of years Solomon Amendment, which denies fed- national non-profit association of scholars in private practice and was a Minnesota State eral funds to universities that bar military that authors textbooks in labor and recruiters, before a packed audience in the employment law. She remains on the Representative before joining the West Publish- Law School’s Lockhart Hall. Group’s Executive Committee, which also ing Company, where he served as Vice Presi- serves as the Group’s editorial board. dent in charge of the Law School Division. In BRADLEY G. CLARY addition to his generosity in establishing the Professor Clary finished a one-year term ALLAN ERBSEN Roger F. Noreen Chair in Law, Mr. Noreen and as President of the Association of Legal Professor Erbsen recently completed an his wife endowed the Roger and Violet Noreen Writing Directors at the end of July 2005, article entitled “From ‘Predominance’ to Scholarship for law students. after presiding at the organization’s tenth ‘Resolvability’:A New Approach to Reg- anniversary conference. In June, he was on ulating Class Actions,” which will be pub-

4 Perspectives FALL 2005 left to right Allan Erbsen, Mary Louise Fellows, Richard S. Frase lished this Fall in the Vanderbilt Law and Delinquency. He also has articles on Review. He presented the “Predominance” punishment purposes, the Minnesota Sen- article at the peer-reviewed Stanford/Yale tencing Guidelines, and the Warren Junior Faculty Forum at Stanford Law Court’s criminal law decisions forthcom- School. Professor Erbsen also recently ing in the Stanford Law Review, the Federal wrote a chapter of a book:“The Sub- Sentencing Reporter, and The Ohio State stance and Illusion of Lex Sportiva, in The Journal of Criminal Law. Professor Frase is Court of Arbitration for Sport—1988–2004, working on several comparative criminal THE WILLIAM B. LOCKHART LECTURE edited by Rob Siekmann et al., (forth- procedure projects, and is writing a book Professor William Eskridge, Jr. delivered the on proportionality principles in American coming 2005). His current research focus- annual William B. Lockhart lecture “Lessons es on interstate federalism, and in particu- law, to be co-authored with Provost lar on how the Constitution constrains E.Thomas Sullivan. In September 2005, from Thirty-Five Years of the Same-Sex Mar- the power of legislatures and courts in Professor Frase participated in a meeting riage Debate”on October 23, 2005. The lec- one state to regulate actors or activities in of the American Law Institute Members ture series honors William B. Lockhart, who other states. Consultative Group for the project to served as Dean of the Law School from 1956 revise the Model Penal Code sentencing until 1972. Instrumental in enriching the Law and corrections provisions. He also made a School curriculum and in attracting highly MARY LOUISE FELLOWS presentation to the Minnesota Sentencing Professor Fellows recently was a commen- Guidelines Commission, tracing the histo- qualified faculty and students, he also culti- tator on a panel on Perpetual Trusts at the ry and evolution of the Guidelines since vated a strong relationship with the Minneso- Trust Law in the 21st Century Confer- they were first proposed in the mid-1970s, ta Bar, which continues to provide essential ence at Benjamin N. Cardozo Law and comparing Minnesota’s approach with support to the Law School. Over the course of School. She also presented a paper, Æthel- guidelines that have been adopted in other his 28 years as a professor at the Law School gifu’s Will:A Quest for Orderliness, at the states and in the federal system. (1946–1974), Dean Lockhart shared his gifts Workshop at The University of Minneso- ta’s Center for Medieval Studies and of excellent teaching and scholarly leadership another, Æthelgifu’s Will—What’s Beowulf DANIEL GIFFORD with students and faculty. Following his Got to Do with It?, at the 40th Meeting of The June Issue of the Antitrust Law Journal retirement at Minnesota, Dean Lockhart the International Congress on Medieval carried an article,“Rhetoric and Reality taught on the faculty of the University of in the Merger Standards of the United Studies. She is completing her work on California, Hastings College of Law from States, Canada, and the European Union,” her Ph.D. in English at the University of 1974–1994. Minnesota this fall semester and both written by Professor Gifford and his co- papers are chapters in her dissertation, author, Humphrey Institute Professor Professor Eskridge is the John A. Garver Pro- Robert Kudrle.As its title indicates, the Æthelgifu’s Will as Spiritual Practice. fessor of Jurisprudence at Yale Law School. He authors examined the law in these three jurisdictions and attempted to pierce the was educated at Davidson College (B.A., His- RICHARD S. FRASE rhetoric to determine the actual policies tory), Harvard University (M.A., History), and Professor Frase’s article,“State Sentencing that were being pursued. He and Professor Yale University (J.D.). He is the author of 10 Guidelines: Diversity, Consensus, and Kudrle are now doing initial work on a books on gay rights and constitutional law Unresolved Policy Issues,” was published manuscript that will examine price dis- issues and is widely recognized as one of the in the Columbia Law Review.Another arti- crimination as an issue in the laws of the nation’s leading scholars on legal issues sur- cle,“The Impact of Contextual Factors on United States and the European Union. rounding gay rights. His work was cited by the the Decision to Imprison in Large Urban Professor Gifford spent the summer work- Jurisdictions:A Multilevel Analysis,” co- ing on a book-length manuscript dealing United States Supreme Court in its 2003 deci- authored with Robert R.Weidner and with labor-law reform, which is now sion in Lawrence v. Texas, which declared state Jennifer S. Schultz, was published in Crime nearing completion. In November, he will anti-sodomy laws unconstitutional.

Minnesota Women Lawyers recently honored Professor Carol Chomsky with its Service to MWL Award at its Annual Meeting. This award honors individuals who provide high levels of ongoing service to the organization, the mission of which is to secure the full and equal participation of women in the legal profession and in a just society. Each year for over a decade, along with a professor from each of the other Minnesota law schools, Professor Chomsky has devoted her time and energy to reviewing scholarly papers by law students who compete for MWL’s annual Equal Justice Award. In addition, Professor Chomsky has served MWL as President, and as a board member and volunteer in numerous other capacities. Congratulations to Professor Chomsky for her contributions in this area and her richly deserved award.

Perspectives FALL 2005 5 Faculty R&D

left to right Daniel Gifford, Jill Elaine Hasday, JULIUS E. DAVIS CHAIR IN LAW Kristin Hickman RECEPTION be a faculty member at the Sedona Con- ference will be published later this year in A reception was held on Monday, September ference’s fall meeting on Antitrust Law the Georgetown Journal of Law & Public Pol- 19, 2005 at the Minneapolis Club to honor and Litigation. icy. Professor Hickman will contribute an Professor Brett McDonnell. Provost E. Thomas essay to that series and, as organizer of the conference, will co-author the forward Sullivan has been appointed the permanent JILL ELAINE HASDAY with Sarah Bunce. Professor Hickman is Professor Hasday recently published, or holder of the Julius E. Davis Chair, and Professor currently doing research on a project con- will soon publish, three articles:“Intimacy McDonnell will share the professorship with cerning the justiciability of pre-enforce- and Economic Exchange,” Harvard Law him for the 2005–2006 academic year. ment challenges to Treasury regulations Review (forthcoming Dec. 2005);“The and will present the results of that effort Canon of Family Law,” Stanford Law The first chair in the Law School was estab- in March 2006 as part of the faculty Review (2004);“Mitigation and the Ameri- lished in 1980 in memory of Julius E. Davis, a workshop series at the University of San cans with Disabilities Act,” Michigan Law well-known Twin Cities lawyer and civic leader. Diego Law School. Review (2004). She gave a lecture on Sep- Although the Chair will be held on a perma- tember 16 entitled “Equal Protection” for nent basis by Provost Sullivan, it will also con- Constitution Day at the University of JOAN S. HOWLAND tinue to rotate among the faculty on an annual Minnesota Law School.This fall, Professor Professor Howland recently presented a basis. Each academic year, a faculty member is Hasday is organizing a Public Law Work- paper entitled “A Wife’s Home Should be chosen to hold the Chair in recognition of excel- shop at the University of Minnesota Law her Castle Too:The Transformation of a lence in teaching, research, and scholarship. School.This workshop brings nationally Woman’s Right to Control Property Dur- recognized scholars to Minnesota to pres- ing the Gilded Age” at the 9th Annual ent their current research on public law Conference on Cultural and Historic topics, such as constitutional law, adminis- Preservation. In addition, Professor How- trative law, antidiscrimination law, criminal land recently presented a paper on the law, environmental law, and family law. She information needs of indigenous popula- also appeared on Odyssey, a nationally-syn- tions at a symposium sponsored by the dicated Chicago Public Radio program, to National Library of Argentina. She also discuss the Social Meanings of Disability. delivered one of the keynote speeches at the Institute of Museum and Library Ser- KRISTIN HICKMAN vices program “Serving Diverse Commu- nities: Staffing, Organization Climate, Ser- Professor Hickman has been and is active- vices, and Collections.” Professor How- ly involved in a number of projects in the land’s article “Expressing Our Values tax and administrative law areas. Professor Through Our Actions” appeared in a Hickman’s article,“The Need for Mead: ABOVE: Provost Sullivan, Stephen Davis, and book published in 2005, The Spirit of Law Rejecting Tax Exceptionalism in Judicial Angelyn Davis. Librarianship. Her paper “Time to Hold Deference,” will be published as the lead TOP: Past recipients of the Julius E. Davis Chair with ’em or Fold ’em?:American Indian Gam- article in the June 2006 issue of the Min- Babe Davis. ing and the Explosion of Internet Gam- nesota Law Review. Professor Hickman also bling” appeared in the published proceed- organized a tax policy conference on state Provost Sullivan was named Senior Vice Presi- ings of the 2005 Sovereignty Symposium, tax incentives for economic development sponsored by the Oklahoma Supreme dent for Academic Affairs and Provost of the that drew participants and attendees from Court. She continues to serve as a mem- University of Minnesota on July 1, 2004. Prior across the country as well as the Twin ber of the American Bar Association Sec- to this appointment, he served as the eighth Cities.The conference highlighted the tion on legal Education and Admission to case of Cuno v.DaimlerChrysler in which Dean of the Law School, from 1995 to 2002. He the Bar Accreditation Committee, and as a the Sixth Circuit invalidated an Ohio finished his term as Dean in July 2002 and was member of the Association of American investment tax credit provision as an named the Irving Younger Professor of Law, an Law Schools Committee on Curriculum impermissible, discriminatory interference appointment he held until July 2005. Previous- and Research. with interstate commerce in violation of ly, he served for six years as the Dean of the the “dormant commerce clause” of the University of Arizona College of Law, and as United States Constitution but upheld a BRADLEY C. KARKKAINEN Associate Dean at Washington University in St. local property tax exemption against a Professor Karkkainen published the fol- Louis. Provost Sullivan's teaching areas include similar challenge. Shortly before the con- lowing articles and book chapters:“Panar- antitrust, civil procedure, regulation of ference, the United States Supreme Court chy and Adaptive Change:Around the agreed to consider issues raised by the Loop and Back Again,” in the Minnesota Cuno case. Essays from the tax policy con- Journal of Law, Science and Technology (forth-

6 Perspectives FALL 2005 left to right Joan S. Howland, Bradley C. Karkkainen, Robert Levy coming 2005);“The Police Power Revis- JOHN H. MATHESON ited: Phantom Incorporation and the Professor Matheson will be teaching at Professor Brett McDonnell, Babe Davis and Dean Roots of the Takings Muddle,” Minnesota Bucerius Law School, the first private law Alex M. Johnson, Jr. Law Review (forthcoming 2006);“Infor- school in Germany, this fall. He will teach mation-Forcing Environmental Regula- a course on Comparative Corporate Julius E. Davis Chair in Law Reception, cont. tion,” Florida State University Law Review Governance. (forthcoming 2005);“Information-Forcing business, complex litigation, and trial practice. Environmental Regulation: Penalty He is a nationally recognized authority on Defaults, Destabilization Rights, and Envi- BRETT McDONNELL antitrust law and complex litigation, having ronmental Governance,” in New Gover- Professor McDonnell visited at the Uni- authored or co-authored 8 books and more versity of California, Hastings College of nance and Constitutionalism in Europe and than 30 articles and essays on antitrust. Provost the U.S. (Grainne de Burca & Joanne the Law in the fall of 2004 and the Uni- Sullivan graduated magna cum laude from Indi- Scott eds., forthcoming 2005);“Trans- versity of San Diego School of Law in the boundary Ecosystem Governance,” in spring of 2005, and has now happily ana University School of Law in 1973, where he Public Participation in the Governance of Inter- returned to Minnesota. He was appointed served as Articles Editor of the Indiana Law national Freshwater Resources (Carl Bruch, the 2005 Julius E. Davis Professor of Law. Review. He then served as a law clerk to a fed- Libor Jansky, Mikiyasu Nakayama & Kaz- Professor McDonnell recently published eral district judge in Miami, Florida; was a trial imierz A. Salewicz eds., 2005); and”Trans- several papers:“Is There a Text in this attorney in the Criminal Division of the United Class:The Conflict Between Textualism boundary Ecosystem Governance: Beyond States Department of Justice in Washington, Sovereignty?,” Environmental Law Report and Antitrust,” a joint work with Dan D.C. (Attorney General’s Honors Program); and (2005). In addition, Professor Karkkainen Farber published in the Journal of Contem- produced a discussion paper for the Inter- porary Legal Issues;“Two Cheers for Cor- was a senior associate at Donovan, Leisure, national Joint Commission Science Advi- porate Law Federalism” in the Journal of Newton, and Irvine's Washington, D.C. office. sory Board entitled “Science-Based Gov- Corporation Law;“Corporate Constituency He began his teaching career in 1979 at the ernance of Complex Aquatic Ecosystems: Statutes and Employee Governance” in University of Missouri, Columbia. Lessons from Beyond the Great Lakes the William Mitchell Law Review, and Basin,” as part of the IJC’s periodic review “SOx Appeals,” part of a Michigan State Professor McDonnell joined the law faculty in of the U.S.-Canada Great Lakes Water DCL Law Review symposium on the Sar- 2000. He teaches and writes in the areas of Quality Agreement, the principal treaty banes-Oxley Act. He also has forthcoming business associations, corporate finance, law governing joint U.S. and Canadian envi- articles on shareholder bylaws and on the and economics, securities regulations, mergers ronmental stewardship of the Great Lakes. conduct of officers and directors following and acquisitions, contracts, and legislation. In Professor Karkkainen also made scholarly Sarbanes-Oxley. Professor McDonnell has 1985, he received his B.A. in economics and presentations at the University of the made a variety of presentations. He pre- Pacific McGeorge School of Law in sented the forthcoming paper on share- political science magna cum laude from Sacramento, CA, in February, 2005, on holder bylaws to the Law and Society Williams College, and became a member of Phi “Transboundary Aquatic Ecosystem Gov- Association annual meeting in Las Vegas in Beta Kappa. He earned a Herschel Smith ernance: Lessons from the Great Lakes”; June 2005 and to faculty workshops at Fellowship for two years of study at Cambridge and at the Florida State University Col- Hastings and San Diego in the fall of University and received his M.Phil. in Economics lege Law in Tallahassee, FL in March, 2004. He presented a paper entitled from Emmanuel College, Cambridge University 2005, on “Information-Forcing Environ- “Delaware, Federalism, and the Expertise- in 1987. Professor McDonnell completed his mental Regulation.” He also served a six- Bias Tradeoff” to the Berkeley Law and Ph.D. in Economics at Stanford University in week term as Guest Investigator at the Economics seminar in October 2004, a Woods Hole Oceanographic Institution Duke Law School workshop in February 1995, and received his J.D. from the Boalt Hall Marine Policy Center in Woods Hole, 2005, the USC Center for Law, Econom- School of Law, University of California at MA, in July and August, 2005. ics, and Organization workshop in April Berkeley, in 1997. He clerked for The Honorable 2005, and the Canadian Law and Eco- Alex Kozinski of the United States Court of ROBERT LEVY nomics Association (CLEA) annual meet- Appeals for the Ninth Circuit from 1997 to Professor Levy has published a book and ing in Toronto in September 2005.At the 1998. He then practiced as an associate at an article: Mental Health Aspects of Custody CLEA meeting Professor McDonnell also Howard, Rice, Nemerovski, Canady, Falk & Law (for the National Interdisciplinary presented a paper entitled “Employees v. Rabkin in San Francisco, where he concentrated Shareholders in Economics and Civic Colloquium on Custody Law), Carolina on general corporate counseling and public Academic Press (2005) and “The Dynam- Republicanism,” which paper he also pre- ics of Child Sexual Abuse Prosecution: sented at the Sloan Program for the Study offerings and acquisitions. Two Florida Case Studies,” in Journal of of Business in Society Retreat in June Law and Family Studies (2005). 2005 and the Midwestern Law and Eco-

Perspectives FALL 2005 7 Faculty R&D Retirements THEY TAUGHT US… Donald G. Marshall retired at the end of the 2004–2005 academic year. Professor Marshall is an outstanding teacher as well as an expert left to right on torts and evidence. He taught evidence, John H. Matheson, torts, products liability, medical malpractice, Brett McDonell, insurance, and media law. Professor Marshall Mary Rumsey was selected as Teacher of the Year in 1971 and 1979. He was also honored with the Stanley V. nomics Association annual meeting in O’Connor Retires with Dignity” and Chicago in October 2005. McDonnell “Hail to the Chief.”The Minneapolis Star- Kinyon Teaching and Counseling Award in also attended a conference on the twenti- Tribune also published an op-ed entitled 1983, 1989, 1991, and 1995. In 1995, he was eth anniversary of Robert Clark’s corpo- “Give Court Doors a Nudge,” which rate law treatise held at the University of argued that the Supreme Court should Iowa in September 2005. consider increasing its caseload. In addition, he appeared three times this summer on MPR’s Midmorning program with MARY RUMSEY Kerri Miller to discuss the retirement of Professor Rumsey has written two Justice O’Connor, the death of Chief Jus- research guides: Basic Guide to Research- tice Rehnquist, and the nomination of ing Foreign Law, GlobaLex (Sept. 2005), John Roberts to be Chief Justice. Profes- http://www.nyulawglobal.org/globalex sor Stras was interviewed on a number of Foreign_Law_Research.htm.; and A other radio and television programs to Guide to Fee-Based U. S. Legal Research discuss the nomination and confirmation Databases, GlobaLex (Aug. 2005), process of the Supreme Court. Finally, on http://www.nyulawglobal.org/globalex/ September 11, 2005, Professor Stras was a US_Fee-Based_Legal_Databases.htm. In panelist for the North American Securi- addition, she has written a book chapter: ties Administrators Association on the “Bibliography on Non-State Actors in topic of preemption and the Courts. International Law”, in Non-State Actors and Human Rights, edited by Philip Alston (Oxford University Press, 2005) and a E. THOMAS SULLIVAN book review, reviewing The Future Compe- Tom Sullivan published an op-ed in the appointed as the first Law Alumni Distin- tition Framework, in the International Journal Baltimore Sun in September entitled “Judi- guished Teacher. Professor Marshall earned a of Legal Information (2005). cial activism, from the left or right, under- B.A. degree from Williams College and an LL.B. cuts the rule of law.” In June, he gave the keynote speech at the ABA Section of degree from Yale University, where he was Note DAVID STRAS and Comment Editor of the Yale Law Journal. Legal Education’s Law School Develop- Professor Stras is active on several projects ment Conference in Jackson Hole, After receiving his LL.B. degree, Professor Mar- relating to the Supreme Court of the Wyoming. In October, he spoke at the shall clerked for Justice Haydn Proctor of the United States. Professor Stras’ coauthored University of California, Irvine at a con- New Jersey Supreme Court. From 1961 to 1967, article “Retaining Life Tenure:The Case ference on recruiting international gradu- he was an associate and then partner of the for a Golden Parachute,” written with ate students and issues in United States law firm of Lowenstein and Spicer in Newark, Ryan W.Scott, will be published as the immigration policy. During August, Sulli- New Jersey. Professor Marshall joined the Law lead article in the February 2006 issue of van taught several classes on procedure in the Washington University Law Quarterly.In School faculty in 1967. He has been a consult- the American Law program to new addition, he has written a short biography LL.M. students. His recent article,“The ant to the New Jersey Corporation Law Revision of Justice Clarence Thomas, co-authored Supreme Court and Private Law:The Commission and to the Minnesota Association with Professor Jim Chen, that will appear Vanishing Importance of Securities and of Juvenile Court Judges. In the former capacity, in the Yale Biographical Dictionary of Ameri- Antitrust,” in the Emory Law Journal he drafted much of the New Jersey Business can Law (Roger K. Newman ed., forth- (2004) was selected for reprinting in the Corporation Act; in the latter, he authored the coming 2005). Professor Stras presented Corporate Practice Commentor. He continues Rules of Procedure and Official Forms for Min- his paper,“Supreme Court Justices and to serve as Provost of the University nesota Probate-Juvenile Courts. Professor Mar- the Incentives Approach to Retirement,” of Minnesota. at the Minnesota Law Review symposium shall is a member of the Minnesota and New on October 21, 2005.This essay will be MICHAEL TONRY Jersey Bar Associations. Professor Marshall published in the May 2006 issue of the influenced many law students during his years Minnesota Law Review.As a co-organizer Since last reporting on his activities in these pages, Michael Tonry has resigned at the University of Minnesota and will be of the symposium, he will co-author the from his positions as professor of law and foreward to the symposium issue with greatly missed by students, faculty, and staff at public policy and director of the Institute Karla Vehrs, Class of 2006. Professor Stras the Law School. We wish him all the best in of Criminology in the University of has also been active in the local and his retirement. Cambridge and returned full-time to national community.This summer, the St. Minnesota. In September, 2004, he gave Paul Pioneer Press published two op-eds the annual Eva Saville lecture of the Insti- written by Professor Stras, entitled “Justice

8 Perspectives FALL 2005 …THEY INSPIRED US. Ferdinand P. Schoettle retired at the end of the 2004–2005 academic year. Professor left to right Schoettle is a nationally recognized scholar of David Stras, federal and state tax law and policy. He joined E. Thomas Sullivan, the Law School faculty in 1967, and taught Michael Tonry numerous courses over the past several decades, including state and local taxation, fed- tute for the Treatment and Study of from the Senator about small tribes Pro- eral taxation, law and public policy, and eco- Delinquency, Kings College, London on fessor Washburn wondered whether North “English Crime Control Policies in Inter- Dakota was large enough to qualify as a nomics for lawyers. Professor Schoettle national Perspective.”Also in September, state; Senator replied that it was “ten times received his A.B. from Princeton University. He in Mexico City, he gave a lecture at an the size of Massachusetts”). Professor received his LL.B. degree with high honors and international conference on federalization Washburn also traveled to Albuquerque, his M.A. and Ph.D. degrees in economics from of criminal law on “Should Mexico Har- New Mexico, and presented a paper on Harvard University. During law school, he was monize its Substantive Criminal Law and federal criminal justice in Indian country an Editor of the Harvard Law Review. After Sanctions Systems?” In October, 2004, he to the faculty of the University of New graduating from law school, Professor Schoet- gave a lecture at a European Union-spon- Mexico School of Law. Here in Minneso- tle clerked for Judge Learned Hand of the Unit- sored conference in Leuven, Belgium, on ta in April, Professor Washburn served as a “The Prospects for Institutionalization of moderator in a heated panel discussion on ed States Court of Appeals for the Second Cir- Restorative Justice Initiatives in Western Governor Pawlenty’s gaming proposals cuit. He then worked for the United States Trea- Countries.” In December, at a conference that included the Governor’s Chief of Staff sury Department in the Office of Tax Legislation sponsored by the Ontario Department of Dan McElroy, Shakopee Mdewakanton Corrections, he lectured on “Incorporat- Dakota Community Tribal Attorney Willie ing Systematic Knowledge in Corrections Hardacker (Class of 1988), and Mille Lacs Policy.” In January at a symposium on Band of Ojibwe Special Counsel Tadd M. state sentencing systems sponsored by the Johnson (Class of 1985). In early June, Columbia Law Review, he presented a lec- Professor Washburn traveled to Oklahoma ture on “Obsolescence and Immanence in City to participate in the Oklahoma Penal Theory and Practice.” In May, at the Supreme Court’s Sovereignty Symposium University of Cambridge’s annual Crop- and also traveled to Berkeley, California, as wood Conference, he lectured on “Vic- a guest of Professor Philip Frickey, for an tims’ Policy and Politics in the United informal faculty colloquium at Boalt Hall. States and England.” In September 2005, In July, Professor Washburn presented a he gave the keynote address at the Fifth paper on “Indian Country Criminal Jus- Annual Meeting of the European Society tice” at Mondale Hall’s informal but of Criminology in Krakow, Poland, on vibrant summer “Squaretable” luncheon “Penal Policy and Political Culture in colloquium series. In late August, Professor Western Europe.” Several articles were Washburn presented a lecture on “Ameri- published, including one in the Columbia can Indian Tribes and the United States Law Review, as well as Crime and Justice, Constitution” to the entering class of Counsel, and for Senator Joseph Clark. From Volume 32 (2005) and Cross-National LL.M. students at the Law School and Studies of Crime and Justice (2004), edited 1963 to 1966, Professor Schoettle practiced law then prepared a short essay on the subject at Morgan, Lewis & Bockius in Philadelphia. He with David P.Farrington and Patrick Lan- as a contribution to the University’s cele- gan. In the summer of 2005, he was elect- bration of Constitution Day in early Sep- has been a Guest Scholar at the Brookings Insti- ed president of the American Society of tember. In September, Professor Washburn tution, a Visiting Professor at Uppsala Universi- Criminology, to serve as president-elect also traveled to Helena, Montana, to pres- ty in Sweden, and a visiting scholar at Harvard for a year beginning in November 2005 ent a lecture on criminal justice in Indian Law School. Professor Schoettle is a member of and as president for the year beginning country at the Federal Practice CLE, the Tax Economists Forum, the American Law November 2006. He continues to serve as sponsored by the Federal Bar Association Institute, and the National Economics Club. He editor of Criminology in Europe and Crime of Montana. During the fall semester, Pro- and Justice—A Review. has been Chairman of the American Bar Associ- fessor Washburn presented various papers ation Taxes and Revenue Committee, consult- to the law faculties at the Universities of KEVIN K. WASHBURN Arizona, Colorado and North Dakota. ant to the United States Comptroller General on In April, Professor Washburn traveled to Professor Washburn was invited back for a state income taxation of multijurisdictional Washington to testify before the United return engagement at the United States corporations, Special Counsel to the United States Senate Committee on Indian Affairs Senate to testify about a court decision States Senate Select Committee on Equal Edu- where he tangled with Senator John that undermined the regulatory authority cational Opportunity, and Special Counsel to McCain (R-AZ) about the role of states of the National Indian Gaming Commis- the Subcommittee on Intergovernmental in the enactment of the Indian Gaming sion, the independent federal regulatory Relations. Professor Schoettle’s contributions Regulatory Act and debated with Senator agency for which Professor Washburn have been invaluable to the Law School and we Byron Dorgan (D-ND) about small tribes once served as General Counsel. Professor and small states. (In response to a query Washburn has been working to get many wish him well.

Perspectives FALL 2005 9 Faculty R&D FACULTY WORKS-IN-PROGRESS

FALL 2005 left to right Kevin K. Washburn, David Weissbrodt, SEPTEMBER Susan M. Wolf 8 Professor Chad M. Oldfather, of his ideas into print. In April, his article SUSAN M. WOLF Visiting Professor, Marquette University entitled,“The Federal Criminal Justice Professor Wolf received a grant from the System in Indian Country and the Legacy Law School National Institutes of Health (NIH) to of Colonialism,” appeared in The Federal lead a two-year national project on “Man- Remedying Judicial Inactivism: Lawyer, the magazine of the Federal Bar aging Incidental Findings in Human Sub- Association.The piece was a prelude to Opinions as Informational Regulation jects Research.” Co-Investigators are Pro- two forthcoming works: an article fessors Jeffrey Kahn and Frances Lawrenz 15 Vasan Kesavan, styled,“American Indians, Crime and the from the University of Minnesota and Law” which will be appearing in the Professor Charles Nelson from Children’s Managing Director, D.B. Zwirn & Co. Michigan Law Review in February of Hospital, Boston.The award of $587,559 The Three Tiers of Federal Law 2006, and “Federal Criminal Law and will fund empirical and normative work Tribal Self-Determination” appearing in based at the University’s Consortium on 21 Professor Alexandra Klass, the North Carolina Law Review in March Law and Values in Health, Environment & of 2006. Professor Washburn will also William Mitchell College of Law the Life Sciences, which Professor Wolf contribute an essay on tribal chairs.A national working group will Pesticides, Children’s Health Policy, and self-determination to the Connecticut Law meet periodically to analyze data and Review. In addition to pursuing his own Common Law Tort Claims develop consensus recommendations. Pro- research agenda, Professor Washburn has fessor Wolf collaborated with colleagues 22 Professor Mark Rosen, contributed to the forthcoming 2005 edi- on two other Consortium grant proposals tion of the Felix S. Cohen Handbook of Visiting Professor University of pending. Professor Wolf published four American Indian Law, the leading Indian articles:“Are We Making Progress in the Minnesota Law School law treatise, and has been invited to join Debate Over Racial and Ethnic Cate- the six-member Executive Board of Edi- Was Shelley v. Kraemer Incorrectly gories in Biomedical Research?” in Nature tors of the book. Genetics;“Assessing Physician Compliance Decided? Some New Answers with the Rules for Euthanasia and Assist- 28 Professor Daria Roithmayer, DAVID WEISSBRODT ed Suicide” in Archives of Internal Medicine; Professor Weissbrodt received notification “Bioethics Matures:The Field Faces the Visiting Professor, University of in July 2005 that he has been named a Future” (with Jeffrey Kahn) in the Hast- Minnesota Law School Regents Professor by the University of ings Center Report; and “Death and Dying Minnesota Board of Regents.The in America: Schiavo’s Implications” in “Them That Has, Gets,” Regents Professorship was established in Minnesota Medicine. She has been working Chapter 3 from forthcoming book, 1965. It is the highest recognition given on further articles, including with Dr. Locked in Apartheid by the University to a member of its fac- Judy Illes (Stanford University) and others ulty for outstanding academic distinction on incidental findings in research and in scholarly or artistic work, teaching, or with Professor Mildred Cho (Stanford) contributions to the public good.There and others on reporting research results to are only 20 Regents Professors and Weiss- human subjects. Professor Wolf is also brodt is the first law professor to be editing a symposium for the Journal of selected as a Regents Professor. Professor Law, Medicine & Ethics on “The Responsi- Weissbrodt has completed work on a ble Use of Racial and Ethnic Categories study relating to the rights of noncitizens in Biomedical Research,” growing out of in international law, for publication by the a Consortium conference.The Consor- United Nations. Further, the Human tium will sponsor ten events this year, Rights Quarterly has accepted for publica- including a lecture series on the societal tion a related article on the rights of state- implications of developments in neuro- less persons. Professor Weissbrodt also co- science, a lunch series on energy and the authored an article entitled “Extraordinary environment, a conference on the law and Rendition:A Human Rights Analysis,” ethics of protecting the food supply from which has been accepted by the Harvard bioterrorism, and a symposium on analyz- Human Rights Journal. In addition, Profes- ing and regulating the risks of new bio- sor Weissbrodt taught a seminar at the medical technologies.The Consortium University of Ulster and a three-week continues to publish the Minnesota Journal human rights seminar for Masters students of Law, Science & Technology; Professor Wolf at the University of Oxford where he has serves as Executive Editor.The Joint been named a Visiting Fellow. Degree Program in Law, Health & the

10 Perspectives FALL 2005 Faculty Works-in-Progress, cont. OCTOBER 6 Professor Cynthia Williams, University of Illinois College of Law left to right Judith T. Younger, Engage, Embed, and Embellish: Eugene Borgida, Timothy R. Johnson Theory Versus Practice in the Corporate Social Responsibility Movement Life Sciences, which Professor Wolf site catholique de Louvain, Louvain-la- 20 Professor J.B. Ruhl, directs, has 26 students this year.The Pro- Neuve, Belgium, in May 2005. In addi- gram is cosponsoring the Deinard Memo- tion, Professor Borgida and colleagues Florida State University College of Law rial Lecture on Law & Medicine this have produced four recent and forthcom- The Effects of Wetland Mitigation spring featuring Professor David Kaye ing chapters pertinent to issues in the (Arizona State Law School) on scientific social science, law, and public policy arena: Banking on People evidence in the courtroom. Professor “Social psychology and the law,” in Social 27 Professor Heidi Kitkrosser, Wolf’s recent lectures have included the Psychology,Twelfth Edition, with J.S. Hunt, Lilianna Sauter Lecture at the New York edited by S.E.Taylor, L.A. Peplau, & D.O. Visiting Professor, University of Academy of Medicine. Sears (Prentice Hall Publishers) with A. Minnesota Law School Kim, E. Stark, and C. Miller (forthcoming).“Consumers and the allure of ‘safer’ Secrecy and Separated Powers: JUDITH T. YOUNGER tobacco products: Scientific and policy Executive Privilege Revisited Professor Younger spent part of the issues,” to appear in Handbook of Consumer summer in Europe, specifically in London, Psychology, with E. Kim, edited by Luxembourg, and Paris.Among the Haugtvedt, Kardes, & Herr (Lawrence highlights of the trip were informal Erlbaum and Associates) (forthcoming). NOVEMBER reunions with several graduates of the “The legacy of Brown v.Board of Education LL.M. program and dinners and discus- for sex discrimination litigation,” to 2 Professor Francesco Parisi, sions with them and their law, and other, appear in Fifty years after Brown v. Board George Mason School of Law partners. She is back, teaching Wills and of Education: Social psychological research Trusts this semester, and hard at work on applied to the problems of racism and discrimi- The Hidden Bias of the Vienna Convention two on-going projects in Family Law and nation, with E. Kim, edited by Adams, on the International Law of Treaties Property. Biernat, Branscombe, Crandall, & Wrightsman (APA Publications) (forth- 10 Professor Claire Hill, AFFILIATED FACULTY coming);“Reflections on being an expert Visiting Professor of Law University of witness in class action sex discrimination EUGENE BORGIDA litigation,” in Sex discrimination in the work- Minnesota Law School Professor Borgida delivered an invited lec- place, edited by F.J. Crosby, M.S. Stockdale, What The New Economics of Identity Has ture on gender stereotyping and discrimi- & S.A. Ropp (Blackwell Publishing). In nation at Brooklyn Law School in addition, Professor Borgida and Professor to Say to Legal Scholarship November 2004 in the “Science for Susan Fiske (Psychology, Princeton Uni- Judges” Program. He and his colleagues versity) are under contract with Blackwell 17 Professor John Yoo, published a paper in the Journal of Law and Publishing for an edited volume due late Professor of Law, Policy on the use of gender stereotyping in 2006 entitled: Psychological science in University of California at Berkeley School research in sex discrimination litigation. court: Beyond common knowledge. Finally, of Law (Boalt Hall) Along with graduate student Brad Lipp- Professor Borgida served as an expert wit- mann, Borgida presented a paper on ness for the plaintiffs and litigation con- Rational War and Constitutional Design “Electronic Media Coverage of the court- sultant for the defense, respectively, in two room:What does social science tell us nationally visible class action sex discrimi- about the effects of ‘Publicity/Transparen- nation cases—Mary Beck, et al. v.The Boe- cy?’” at the International Workshop on ing Company, et al. in U.S. District Court DECEMBER “Publicity in Democratic Decision Mak- in the Western District of Washington at 1 Professor Larry Cunningham ing: Bringing social scientists and political Seattle, and Betty Dukes, Patricia Surgeson, philosophers together” at Chaire Hoover Cleo Page, Christine K.Wapnoski, Deborah 8 Professor Thom Lambert d’ethique economique et sociale Univer- Gunter, Karen Williamson, and Edith Arana

On September 22, 2005, affiliated faculty member Eugene Borgida, Professor of Psychology and Law in the Department of Psychology, was inducted into the Academy of Distinguished Teachers. He was one of sixteen Horace T. Morse—U of M Alumni Association Award Winners from past years to receive this honor.

Perspectives FALL 2005 11 Faculty R&D

MEMORIAL TO ADJUNCT PROFESSOR BILL KAMPF, CLASS OF 1967 BY MAURY LANDSMAN left to right Jane E. Kirtley, Bill Kampf was a force of nature. Everybody Scott McLeod, who knew him will tell you that. Bill was born David E. Wilkins in New York in 1943, and even after 40 years in Minnesota, he was still a quintessential New vs.Wal-Mart Stores, Inc. in U.S. District JANE E. KIRTLEY Yorker. I am sure he never really understood Court, Northern District of California, Professor Kirtley delivered the keynote “Minnesota nice.”He was direct and unsparing San Francisco Division. address,“The Odd Couple: Judges and in both his love and his criticism. He loved com- Journalists,” at the 2005 Media and the Law Seminar of the Law Society of bat and the courtroom was the perfect place TIMOTHY R. JOHNSON Alberta (Canada) in Calgary on April 9. Professor Johnson has published two for him. He always said that if he had become a Other lectures include the 2005 Society doctor, he would have spent recent articles (with Jason M. Roberts, of Collegiate Journalists Lecture at Simp- his life in the emergency University of Minnesota) on the Supreme son College in Indianola, Iowa on April room, and for him, bankruptcy Court nomination and confirmation 23;“Secrecy, Privacy and the PATRIOT processes.The first article, in the Journal of practice was the legal ER. Act” at the Minnesota Library Associa- Politics (August 2004) explores how presi- tion’s conference “Libraries and the Bill wanted his students to dents can wield political capital to secure PATRIOT Act:Your Loss of Privacy” in have a passion for the law. He confirmation for their chosen nominees. St. Paul on May 16; and “Citizens’ Right wanted them to understand The second, published in Congress and the to Know, the First Amendment and a Presidency (Spring 2005), examines how the distress of those forced Responsible Press” at the “We the People: presidents can overcome ideological con- The Citizen and the Constitution” Sum- into bankruptcy by medical straints that the Senate may impose on mer Institute sponsored by the Learning bills, by lost jobs, by divorce. presidents as they seek to make their mark Law and Democracy Foundation in St. When we practiced together on the High Court.Additionally, Professor Paul on June 15. She was one of two U.S. in the mid 1980s we represented the first round Johnson has published an article in Law invited participants for a conference of family farmers trying to navigate through and Society Review (June 2005, with James “Freedom and Security:An Appropriate Chapter 11 bankruptcy to save farms that had F.Spriggs, U.C. Davis and Paul Balance?” at Ditchley Park, Oxfordshire, been in their families for generations. In our J.Wahlbeck, George Washington Universi- England, Sept. 30–Oct. 2, and an invited participant at the Media Law Resource conference room in downtown St. Paul, huge ty) on strategies justices employ during the Supreme Court’s conference discus- Center’s London Conference 2005, Sept. men in overalls would break down in tears at 19–20 in London, England, where she the thought of losing their way of life. Unlike sions. Finally, Johnson has a forthcoming article (with Spriggs and Wahlbeck) in the gave a short presentation on the U.S. others, Bill would never put his fees at the top American Political Science Review, which Freedom of Information Act. She was also of the creditors list: he would always say: “We demonstrates that the quality of oral argu- an invited participant in the 5th Annual Hurley Symposium,“The Seduction of can wait if it will help them to save their farm.” mentation before the U.S. Supreme Court Secrecy” at the National Press Club in affects the choices justices make. Professor Bill was my friend, and I feel like I lost a brother Washington, DC on March 17, and at the Johnson is engaged in three new research when he died so unexpectedly. You can read Annenberg Foundation’s Commission on projects.The first examines the dynamics the Role of the Press in a Democracy in about his accomplishments in the articles that of the Court’s agenda setting process.This appeared after his death. Those do not do him Philadelphia June 12–14. Her many panel project examines why the Court contin- presentations include “Journalists Under justice. Until his memorial service, the full ues to follow the Rule of 4.The second Fire” at the University of Miami’s Com- enormity of Bill’s life, all of his interests and project focuses on how justices begin to munication Week on March 3;“Access to accomplishments were never together in one build coalitions with one another during Courts” at the 2005 National FOI Day place for us. Those of us who knew and loved oral arguments. Finally, he is beginning to Conference in Arlington,VA on March him will miss his intelligence, his love of the explore the evolution and establishment 16; the American Bar Association Section law, his passion for justice, his passion for of stare decisis in the U.S. judiciary from of Dispute Resolution conference,“The music, his passion for the little guy, his devo- the early 19th century to the present day. Golden State of ADR” in Los Angeles, tion to his family, friends and community. We will miss his bear hugs, his love of the out- doors, his wit and his lectures; we will miss his ability to listen and understand us; we will miss 1st his knowledge and his impatience with us when we could not keep up; we will miss his The University of Minnesota Law School was one of the first emails and phone calls that made a Heming- way sentence seem verbose. We will miss his law schools to offer a Master of Laws (LL.M.) program (in 1890). brightness and the way he could fill a room. We will miss his great and good heart.

12 Perspectives FALL 2005 where she appeared on the panel “Dealing Learning Communities grant and the Gleaned from Deloria’s Prose,” that will with the Press in Multi-Party Environ- Northwest Minnesota INFOCON con- be published in an edited volume by mental Disputes” on April 15; at the Asso- sortium’s Enhancing Education Through Daniel R.Wildcat and Steve Pavlik, titled ciation for Education in Journalism and Technology grant from the Minnesota Destroying Dogma:Vine Deloria’s Legacy on Mass Communication annual convention Department of Education.This August Dr. Intellectual America (Fulcrum Publishing in San Antonio,“Court-ing News: Essen- McLeod returned to Illinois to continue Co., 2005). He was a panelist on a round- tials for Journalists and Those Who Teach helping the Chicago Public Schools with table titled “The Metaphysics of Modern them to Cover the Courts” on August 9 its Principals Technology Leadership Insti- Existence:A Twenty-Five Year Retrospec- and “FOI and Scientific Data Since 9/11” tute. In September CASTLE unveiled a tive,” at the 47th Annual Meeting of the on August 11; and the Asian American new web resource for K-12 educators, Western Social Science Association, held Journalists Association convention in Min- www.SchoolDataTutorials.org. In October in Albuquerque, NM,April 13–16, 2005. neapolis,“Ethics, Schmetics:What’s Going CASTLE and the American Institutes for He delivered a dinner talk titled “Federal Wrong?” on August 19. Professor Kirtley Research will release the Principals Tech- Indian Law & Policy:Walking Into the is sole author of “Legal Evolution of the nology Leadership Assessment the nation’s 21st Century,” at a conference Walking on Government-News Media Relationship,” first psychometrically-validated assessment Common Ground: Pathways to Equal Jus- and co-author of “The First Amendment of K-12 building-level leaders’ technology tice 2005 National Gathering for Tribal- Tradition and Its Critics,” two chapters in inclinations and activities. Recent publica- Federal-State Court Relations, organized the book, Institutions of American Democra- tions include Data-Driven Teachers and Tech- by the U.S. Department of Justice’s cy:The Press, published by Oxford Univer- nology Tools for Data-Driven Teachers,two Bureau of Justice Programs and Fox Valley sity Press in April 2005. She was co- white papers for Microsoft, and School Technical College.The conference was author and co-counsel on an amicus brief Technology Leadership:Theory to Prac- held at the Oneida Nation’s Radisson filed on behalf of the Silha Center and the tice, an article in Academic Exchange Quar- Hotel, Green Bay,WI, July 27–29, 2005. Student Press Law Center in Mink v.Buck, terly. Dr. McLeod continues to teach the He also served on a planning committee No. 04-1496, filed on March 31 in the College of Education and Human Devel- titled the “Treaty Exhibit Project” that is a U.S. Court of Appeals (10th Cir.).Togeth- opment school law course for preservice project of the National Museum of the er with University of Minnesota Law stu- principals and superintendents and is cre- American Indian,Washington, DC.He dent and Silha Center research assistant ating a 1-credit school law course for the conducted a half-day workshop at the Andrew Deutsch, she prepared and filed College’s preservice teachers. North Carolina Commission of Indian Comments on Proposed Local Rules of Affairs in Raleigh, NC on June 23, 2005 the U.S. District Court for the District of DAVID E.WILKINS devoted to the examination of tribal sov- Rhode Island on August 1. She was wide- ereignty and state-recognition of Indian Professor Wilkins is the Gordon Russell ly quoted in (or appeared on) numerous tribes. He also delivered a keynote address Visiting Professor in the Native American media outlets, including MSNBC Live titled “The Red Lake Tragedy:The Studies Program at Dartmouth for the fall with Alison Stewart, the New York Times, Rights, Responsibilities, and Reasoning of term of 2005–2006. In June, he taught a the Los Angeles Times, the International Her- Native Youth,” at the 33rd Annual Sympo- two-week course at Wake Forest Univer- ald Tribune, the Associated Press, Cox sium on the American Indian, held at sity titled “American Indian Sovereignty News Service, Reuters, the Wall Street Northeastern State University,Tahlequah, in Interdisciplinary Perspective.”The Journal, Atlanta Journal-Constitution, Des OK,April 14, 2005. ● course included Wake Forest students and Moines Register, Colorado Springs Gazette, tribal members from across the state. He is Oregonian (Portland), St. Petersburg Times, completing the revisions for his textbook Boston Phoenix, LA Weekly, Milwaukee Jour- American Indian Politics and the American nal, Newsday, New York Sun, Seattle Times, Political System, originally published in the Calgary (Alberta) Herald, and the Min- 2002.The new edition is due for release neapolis Star-Tribune and the St. Paul Pio- 1st in early summer 2006. He has also neer Press. Other radio appearances include reached agreement with the University of Minnesota Public Radio’s Midday,Access Oklahoma press which will publish an The University of Minnesota, Radio Times (WHYY important legal memorandum written by Philadelphia),To the Point (KCRW Los the noted federal Indian law expert, Felix Minnesota Law School Angeles),Wendy Wilde Show (Air Ameri- S. Cohen, in the 1930s.Wilkins will write ca), as well as a live online chat with Uni- an introduction and annotate the work. versity of Chicago Professor Geoffrey was one of the first law He is also continuing his research for a Stone sponsored by Court TV on July 7, book tentatively titled Documents of Indige- archived at http://www.courttv.com/ nous Political Development: 1500s to 1933 schools to create a talk/chat_transcripts/2005/0707sources- that will most likely be published by debate.html Oxford University Press.Wilkins co- clinical component authored a short article with a graduate SCOTT McLEOD student, Heidi Stark, titled “Indian Voters: Dr. McLeod continues his directorship of Awakening A Sovereign Capacity,” that to legal education the UCEA Center for The Advanced was published in The Unfinished Agenda of Study of Technology Leadership in Educa- the Selma-Montgomery Voting Rights March, (in 1913). tion (CASTLE). Other continuing proj- edited by Dara N. Byrnes (John Wiley & ects include a grant to study the data- Sons, 2005).And he wrote an essay titled driven decision-making readiness of Min- “Forging a Political, Educational, and nesota educators and evaluations of the Cultural Agenda for Indian Country: Rochester Public Schools’ federal Smaller Common Sense Recommendations

Perspectives FALL 2005 13 Faculty Perspective

❯ First Person

Estate Planning in the First Millennium: A Path to Salvation

BY MARY LOUISE FELLOWS, EVERETT FRASER PROFESSOR OF LAW

The law intersects with many other specialties and the Law School has long recognized that perspectives from disciplines other than the law are essential when teaching our students. The Law School is affiliated with many other departments and colleges within the University of Minnesota which allows us to offer a wide range of courses and opportunities targeted to specific individual interests. This article briefly describes Professor Mary Louise Fellows’dissertation, “Æthelgifu’s Will As Spiritual Practice,” which was recently submitted in partial satisfaction of the requirements for a Ph.D. in English from the University of Minnesota. This is one example of interdisciplinary work that is occurring at the University of Minnesota Law School.

14 Perspectives FALL 2005 Faculty Perspective

ne day in 1939 T. E. sions—she was a Christian widow aspiration for orderliness, which it asso- Sherwood-Hale led who had significant connections to ciates with goodness and salvation, and James Fairhurst to an royalty and religious foundations and its aversion to disorderliness, which it outbuilding on land at who had substantial land holdings in associates with evil and the Fall, . Alderley in Glouces- Northamptonshire, Bedfordshire, and uncovers yet another aspect of the spir- Otershire, England.There Fairhurst Hertfordshire. itual dimension of Æthelgifu’s will. found himself inspecting a collection The absence of historical evidence of rare muniments and knew immedi- My examination of Æthelgifu’s will about Æthelgifu encouraged me to ately that finally he had found the lost also extends beyond religious art, adopt an analytical framework that antiquarian books and papers of Lord music, and literature, and instead focus- looks to the lived experience of late John Selden (1584–1654). Fairhurst es on the set of cultural beliefs and tenth-century Anglo Saxons as gleaned had surmised that Selden’s collection practices that the will and the epic from late tenth-century art, music, and had come into the hands of Selden’s poem Beowulf share. Beowulf permits a literature. My approach shows how her executor, the Chief Justice of the study of the Anglo-Saxon understand- will embodies late tenth-century aes- King’s Bench, Matthew Hale ing of treasure as a tool for the creation thetics and the attitudes and belief sys- (1609–76), which explains why of memory and as a challenge to death tems that undergird those aesthetics Fairhurst had made his way to Alder- itself, which in turn demonstrates that and transforms chance archival preser- ley—Hale’s birthplace—to meet with Æthelgifu used her will to represent vation into an opportunity to portray a the members of the Hale family who herself as a worthy Christian widow community from the standpoint of one had continued to live there. It was not deserving of her community’s respect of its members and the artifact she left until November 1942, with the help of over the generations and also of salva- behind. academic experts, that Fairhurst came tion through her community’s prayers. to recognize the importance of one of the many antiquarian documents that the Hale family had tucked away. With the distance of a thousand years and Sometime between 985 and about 1000 a scribe had written 66 lines of with economic history as a foil, I map a Anglo-Saxon minuscule on a sheet of parchment measuring 560 x 350 mm. world view based on salvation history. The document’s first words—“Æthel- gifu cyth hire cwide”—establish it as Æthelgifu’s testament.The will, with My discussion of Æthelgifu’s self-rep- My study of late tenth-century reli- more than 4,000 words, is the longest resentation as a virtuous Christian gious prose, poetry, and sculpture dis- of the approximately sixty extant widow worthy of salvation includes an lodges Æthelgifu’s will from the pre- Anglo-Saxon wills. Scholars had investigation of the gendered nature of dominant view of Anglo-Saxonists that known of Æthelgifu’s Old English will the cultural practices and beliefs under- it operates exclusively in the economic from a Latin abstract of it found in a lying her will and shows how a rigid realm and demonstrates how Æthelgi- thirteenth-century book of charters gender order led to a will in which fu’s will bears a closer resemblance to a compiled by St.Albans, a Benedictine Æthelgifu proves herself worthy of sal- spiritual practice than to an economic monastery and the will’s most promi- vation by reinforcing, rather than dis- convention.An investigation of late nent religious beneficiary. Fairhurst’s lodging, male domination. tenth-century crucifixion drawings discovery of the complete Old English representing Christ’s will from the version generated much excitement With the distance of a thousand years cross shows how Anglo-Saxons used among Anglo-Saxonists once Lord and with economic history as a foil, I Christ’s will as a model and recovers Rennell had it superbly reproduced map a world view based on salvation the relationship Æthelgifu’s property under the auspices of the Roxburghe history.The general failure of Anglo- and disposition of her property had to Club in 1968.The Scheide Library at Saxonists who are steeped in late her faith and her religious practices. I Princeton University (MS M140) now tenth-century religious and political also consider sacred music in England’s owns the will, which stores it away matters and in that period’s art, music, late tenth-century monastic reform from harsh sunlight and boasts about and literature to consider the potential movement. I extend the analysis of the good luck to own a will of a spiritual dimensions of Anglo-Saxon Christian iconography and reveal woman who lived near and around St. wills indicates the degree that eco- another spiritual aspect of Æthelgifu’s Albans over a thousand years ago. nomics has supplanted religion and will.The analysis substantiates the undergirds our society’s cultural beliefs Scholars, who have combed through proposition that Æthelgifu’s will, with and practices.The spiritual dimensions charters, chronicles, and other Anglo- its many references to the singing of of Æthelgifu’s will continue to have an Saxon materials, have not been able to masses and psalters, transforms her impact many generations after she had recover any biographical information property into music devoted to eternal it written, because it teaches us as about Æthelgifu beyond what they can life for her and her late husband. Late much about ourselves as about Æthel- surmise directly from the will’s provi- tenth-century Anglo-Saxon society’s gifu and her world. ●

Perspectives FALL 2005 15 Faculty Perspective

❯ Faculty Profile

Joan S. Howland Associate Dean for Information and Technology and Roger F.Noreen Professor of Law

Joan S. Howland joined the Law School faculty as a tenured Professor of Law and Director of the Law Library have more than 1,000,000 items in its in 1992. She currently serves as the Associate Dean for Information and Technology and overses the Admis- collection.The Library is highly sions Office. She is also the Roger F. Noreen Chair at the Law School. Howland is recognized for her work in regarded for its rich and deep law and technology, American Indian Law, legal research and law librarianship. She teaches American Indian resources, including its world Legal History, and Law in Cyberspace. renowned rare book collection. oan Howland is a renaissance “It’s the finest academic legal library in woman. Before becoming a Uni- the country,” said Edward Adams, a versity of Minnesota Law School member of the law school faculty and professor in 1992, she earned a frequent user of the law library. Jgraduate degrees in history, library “The customer service is incredible.” science and, of course, the law. Since Adams recalls requesting an “obscure, then, she’s also added an MBA from difficult to find” paper pertaining to the Carlson School of Management at nanotechnology that he wasn’t sure the University. anyone could track down.Within “My father told me he would support hours, one of the library’s reference me as long as I stayed in school,” she librarians had fulfilled his request. said. He didn’t have to. Howland’s intellectual pursuits have always had practi- “Joan Howland is one of those rare cal applications.A fourth generation individuals who people work hard for Californian, she worked at several pres- out of respect,”Adams added.“It’s hard tigious law schools (including Stanford, and truly enjoy my fellow faculty to be liked and also get stuff done, but Harvard, and the University of Califor- members. I’ve worked for incredible Joan does it.” nia at Berkeley) earlier in her career.As deans here.The University of Min- In addition to her other scholarly pur- a member of the University of Min- nesota has a great legacy, and it’s suits, Howland is an expert on equine nesota Law School faculty since 1992, becoming an increasingly exceptional law. In 1998, she co-authored the she directs the University of Minnesota law school.” book The Law of American Thoroughbred Law Library, serves as Associate Dean The intellectual curiosity of the Racing for Scholars, Practitioners, and Par- for Information and Technology, and is school’s students also stimulates How- ticipants. Sketches of famous race horses a productive legal scholar. She also land.That’s one reason she continues adorn the walls of her office and, in teaches “American Indian Legal Histo- to serve as Chair of the Admissions part, remind her of childhood. ry” and “Law in Cyberspace.” Committee. She wants to help attract Her grandfather bred world class thor- In 2005 Howland was reappointed as the best, brightest, and most diverse oughbreds and quarter horses. Even as the Roger F.Noreen Chair of Law. In student body to our great law school. a small child, Howland spent an inor- her recent reappointment lecture, “The students here are engaged, criti- dinate amount of time at the race- Howland explored censorship and cal thinkers,” she said. track.At age eight, she was tested at banned books in a speech entitled, Although her responsibilities are ninth grade level in math.“That’s “Bibliocide: Banned in Boston, Burned extremely varied, directing the Law because she’s been handicapping since in Berkeley: Silenced Authors and the Library remains central to Howland’s she was five years old,” her mother Freedom of Expression.” position. In 2004, the Law Library quipped to her teachers. ● “What motivates me is working at an acquired its millionth volume, The By Todd Melby. Melby is a Minneapolis-based excellent law school that’s productive Papers of Clarence Darrow. It is one of freelance writer and independent radio and collegial,” Howland said.“I respect only a handful of such institutions to producer.

16 Perspectives FALL 2005 Faculty Perspective

ments in biotechnology and the development of pharmaceuticals shape contemporary biomedical science and its approach to race and ethnicity.Yet Duster advocated not rejecting entirely Are We Making Progress in the Debate Over the use of race in biomedical research, but asking under what conditions to use race and how to report the data. Racial and Ethnic Categories in The danger is that if researchers use conventional racial categories and then find a genetic difference, they may Biomedical Research? “reinvigorate 19th century ideas of racial differences.” Professor Charles Rotimi, Ph.D., of the BY SUSAN M. WOLF, J.D. Faegre & Benson Professor of Law; Professor of Medicine; National Human Genome Center at Chair, Consortium on Law and Values in Health, Environment & the Life Sciences Howard University went further in his rejection of race as a category in bio- ebate over the proper of communities participating in medical research. He argued that cur- use of racial and ethnic research in determining the proper role rent data on genomic variation do not categories in biomedical of racial and ethnic categories and support the existence of races. Racial research has raged in debated legal constraints on the cate- categories arbitrarily segment more recent years.With the gories that can be used. continuous human variation and ignore relevant variables. Skin color is Human Genome Pro- The University of Minnesota was a jectD showing that human beings are “not a good representation of what is natural home for this conference, as actually relevant in…genetic studies,” over 99.9% alike genetically, exhibiting University Professor Jay Cohn, M.D., more genetic variation within sup- including ancestral history, geographi- was lead investigator and inventor on a cal location, and environmental factors. posed “races” than between them, patent for BiDil (combining isosorbide many have come to doubt that scien- dinitrate and hydralazine), which could tific utility of such categories.Yet fed- soon become the first drug eral edicts such as Directive 15 from approved by the Food and the Office of Management and Budget Drug Administration (FDA) for (OMB) mandate the continued use of patients of a particular racial such categories in research. Moreover, or ethnic group, in this case researchers studying health disparities African-American patients argue that data collection using racial with heart failure. Substantial and ethnic categories is necessary to controversy surrounds the determine whether conditions and drug and the FDA’s action. care vary by race and ethnicity. Epi- Beyond that, researchers at demiologists, too, defend the use of any major university must racial and ethnic categories to under- meet federal research stand contributors to disease such as requirements, while addressing the the stress of experiencing racial preju- concerns of research participants and He suggested that ethnicity was a more dice and reduced access to care generating solid data.Yet using OMB appropriate term, capturing culture, because of bias. Directive 15 categories may violate language, religion, and lifestyle.While To make progress in this debate, the community expectations and generate racial categories wrongly suggest that University of Minnesota’s Consortium data sorted by categories with ques- different groups have unique genetic on Law and Values in Health, Environ- tionable scientific validity. characteristics, ethnicity admits group fluidity and overlap, facilitating the ment & the Life Sciences with the Professor Troy Duster, Ph.D., of New study of subtle group differences in University’s Center for Bioethics con- York University and the University of gene frequencies. vened a conference on April 18 to California, Berkeley began with histor- consider “Proposals for the Responsi- ical perspective. He argued that while Professor Mildred Cho, Ph.D., of Stan- ble Use of Racial and Ethnic Cate- scientists and physicians can easily see ford University conceded that some gories in Biomedical Research:Where that their fields were affected by social studies might appropriately use racial Do We Go From Here?”The confer- forces in the past (e.g., slavery compro- or ethnic categories as a proxy for ence was co-sponsored by the Office mising mid-19th century science and exposure to certain social interactions. of Minority Health and Multicultural eugenics compromising early 20th However, using those categories to Affairs at the Minnesota Department century science), it is harder to recog- define populations genetically is likely of Health. In addition to comparing nize social forces at work now. Duster to be inaccurate. She urged care in proposals, conferees discussed the role suggested that huge research invest- defining population groups; if a

Perspectives FALL 2005 17 Faculty Perspective research population is actually defined outcome cross racial and ethnic cate- incentive to do further research to pin- by geographical location, it should be gories.” Professor Foster noted that point the relevant genetic, physiologi- described that way rather than by race. community members themselves may cal, or environmental variations pro- Care in study design and interpretation be concerned that larger categories of ducing differential response by racial or means that if researchers “find differ- race or ethnicity will be used against ethnic group, as pinpointing those ences between populations…unex- them and may fail to capture impor- variations may risk shrinking the mar- plained by factors other than the pop- tant aspects of their lives relevant to ket for the drug. Public funding for ulation membership,…that doesn’t health status.At the same time, com- such research may be needed. Professor necessarily mean that those differences munity members may be aware of the Cohn countered with the history of are genetic or racial.” significance of racial and ethnic cate- BiDil. Once data showed lesser response to standard therapy with Professor Raj Bhopal, M.D., M.P.H.,of gories in showing health disparities and claiming resources. drugs to inhibit the rennin-angiotensin Edinburgh University urged the system among those heart failure importance of racial and ethnic cate- Professor Dorothy Roberts, J.D., of patients identifying themselves as gories in epidemiology and public Northwestern University analyzed the African-American, he reanalyzed trial health. Conceding that these categories legality of using racial and ethnic cate- data and found a striking benefit have not functioned well as epidemio- gories in research. She acknowledged a among those individuals from the drug logical variables, he argued that “we number of requirements and incentives combination in BiDil that increases should improve them.” Indeed, given to use racial categories in research, nitrous oxide activity. Ideally, all groups health inequalities around the globe, including OMB Directive 15, the NIH would then have been studied in a “it’s irresponsible not to use these con- Revitalization Act of 1993, and rules confirmatory trial, but the apparent cepts….It’s irresponsible not to tell the from the Food and Drug Administra- response difference between those world what’s going on.” He pointed to tion. However, she also suggested a role identifying as African-American and studies of smoking and of coronary for law in constraining the use of such those identifying as white would have heart disease to show the importance categories, in order to disapprove a bio- mandated separate randomization and of analysis by race and ethnicity. Pro- logical definition of race but further funding constraints limited the study to fessor Bhopal suggested that the goal research on health disparities. Under the group thought most likely to ben- should be to reduce health disparities the U.S. Constitution, for example, race efit.The study was “dramatically posi- by racial or ethnic group, while avoid- is a suspect category and courts careful- tive, and I would like to see ing racism and ethnocentrism.“There ly scrutinize its use by federal and state people…get the benefit of the drug in is no reason why the white population government.Applying this approach to the real world.” Bloche agreed that should be the norm. In my view, the biomedical research would require that those who could benefit should receive population with the best health should any use of racial categories further a either BiDil or the cheaper, generic be the norm.” compelling state interest and be nar- form of the drug combination. Cohn Dr. Margaret Winker, M.D., Deputy rowly tailored to accomplish that goal. and Bloche also agreed that more federal funding for drug research and less Editor of JAMA, argued that “the use Finally, Professor Gregg Bloche, M.D., of race as a proxy is inhibiting scientists dependence on pharmaceutical com- J.D., of Georgetown University and panies would be a step forward. from…identifying the real environ- Professor Cohn of the University of mental and genetic causes of dis- Minnesota discussed the desirability of This conference found areas of unex- ease….Race or ethnicity should not be developing race-specific therapeutics, pected agreement as well as continued used as an explanatory variable when such as BiDil. Professor Bloche said disagreement, in an effort to make the underlying constructs can and that considering race in prescribing progress.The full symposium will should be measured directly.” She medication may be useful pending appear in the Journal of Law, Medicine & described efforts by JAMA to encour- more precise identification of predic- Ethics.The conference video is at age authors using racial categories to tors of therapeutic efficacy. However, . race was ascertained (preferably by self- tory incentives that have driven the designation), to articulate the rationale emergence of this race-specific drug. Acknowledgments when race is used as a proxy, and to By obtaining a patent for a race-specif- This meeting was funded by the Consor- measure directly variables such as ic use of a drug already patented, the tium on Law and Values in Health, Environ- socioeconomic status. company delayed by 13 years market ment & the Life Sciences and the Law entry by competing generic drugs.Yet School at the University of Minnesota. Pro- Professor Morris Foster, Ph.D., of the fessor Jeffrey Kahn, Ph.D., M.P.H., assisted University of Oklahoma argued for the research has not established “that extensively in the planning and execution of importance of analyzing health prac- adding [BiDil] to conventional treat- the conference. Jaime Hoffman provided tices at the community level. Commu- ment yields greater benefits for blacks research assistance for the conference and nity variation “can be glossed over by than for other racial or ethnic groups.” Larina Brown for this paper. ● aggregative racial and ethnic cate- Further, once a drug is patented and Reprinted by permission from Nature Publishing Group: Nature gories.”Yet “[s]ome local practices that approved for a race-specific use, the Genetics (Wolf SM. Are we making progress in the debate over racial may contribute to health status and pharmaceutical company has little and ethnic categories in biomedical research? 37:789-90) (2005).

18 Perspectives FALL 2005 LOCKHART DINNER

C. Paul Jones, Class of 1950, and his daughter, Sara Jones, Class Suzanne Efron and Stan Efron, Class of 1953. of 1988 (the Law School’s Director of Alumni Relations & Annual Giving).

Curtis Roy, Class of 1950, and Babe Davis. Sally Friedell and Gerald Friedell, Class of 1951.

Greer Lockhart, Class of 1953, Mary Lou Lockhart, and William R. Provost E. Thomas Sullivan and Warren Spannaus, Class of Pearce, Class of 1952. 1963.

Perspectives FALL 2005 19 FEATURES This issue of the alumni magazine is devoted to criminal law and showcasing one of the best criminal law programs in the country. Think tanks such as the Institute on Crime and Public Policy are needed to focus on the constantly evolving issues of law, crime, and justice around the world. The Features section contains pieces about the newly created Institute and the work of Professors Michael Tonry, Richard Frase, Barry Feld, Kevin Reitz, and Steve Simon. It also contains faculty essays by Professors Frase and Beverly Balos.

20 Perspectives FALL 2005 New Institute Brings Energy and Focus to Crime and Punishment

BY SCOTT RUSSELL

he Law School’s achievements in criminal law With Professors Tonry, Reitz, Frase, Feld and others,“we research, already strong, are about to take a huge have a strong group of scholars who get involved with the leap forward. Professor Michael Tonry, an interna- details—do the research and produce the numbers and tionally known scholar and research entrepreneur, is examine the data—and it is a better law school and a bet- Tlaunching the Institute on Crime and Public Poli- ter profession as a result,” he said. cy, an effort to bring together the best thinking on sentencing and punishment.The Institute will fund independ- “With the Institute, Minnesota is poised to be at the very ent research, help attract top speakers, faculty and students top of American law schools in its criminal justice pro- and create an institutional focus for criminal law projects. gramming.We’ll offer our students not only the academic and the theoretical, but also teach Consider the following. what the law does in practice, and the impact it has on real people and real lives.” Professor Kevin Reitz is in the middle of the single biggest American criminal law reform initiative of the last 20 years—one that will shape state penal codes for Birth of an institute decades to come. He is analyzing sentencing systems Professor Tonry has been the Sonosky around the country to develop model legislation that Professor of Law at the University of is fair, deterrent and capable of reigning in soaring Minnesota since 1990, but for the past prison costs. six years he spent most of his time at the University of Cambridge, United Professor Barry Feld is analyzing data from 40,000 Kingdom as a Professor of Law and Minnesota juvenile court cases to determine whether Public Policy and Director of the the law mandating legal representation for children in Institute of Criminology. juvenile court, a law he helped pass, has made a difference. It is one of three major research projects now on He is a prolific writer and has a long his desk. history of getting big things done. He ran the Cambridge Institute of Criminol- Professor Richard Frase has tracked Minnesota’s pio- ogy, raised money for its new building and neering sentencing guidelines system since its 1980 grew the staff from 30 to 65. He raised $52 launch. He has probed politically tough questions, such million to launch the MacArthur as why the state has incarcerated blacks at much higher Foundation/U.S. Department of Justice research on rates than whites and what role, if any, the guidelines human development and the causes of crime still under- play in such disparities. way in Chicago. Over a period of 30 years, he has raised Dean Alex M. Johnson, Jr. said criminal law faculty mem- more than $6 million to support Crime and Justice—A bers are poring over data, studying the legal system’s real Review of Research, which is widely regarded as the world’s world operations and seeking ways to make them work pre-eminent criminal justice scholarly journal with 32 vol- better.The research produces first-rate scholarship, inspiring umes in print and more in the works. better teaching and benefiting the state and nation by shaping public policy. Professor Michael Tonry was recently elected president of the A number of criminal justice leading lights 3000-member American Society of Criminology Association for have graced the Law School’s halls over the the year 2006–2007, taking office as president-elect in November years: Maynard Pirsig, Monrad Paulsen and Yale 2005 and becoming president in November 2006. Professor Kamisar to name a few. Dean Johnson said the Tonry is the first lawyer to be elected the multidisciplinary current criminal law faculty has continued and group’s president in 40 years. improved upon that tradition.

Perspectives FALL 2005 21 Crime and Punishment

CRIMINAL LAW FACULTY AT THE LAW SCHOOL

BEVERLY BALOS DAVID P. BRYDEN BARRY C. FELD Clinical Professor of Law Professor Emeritus Centennial Professor of Law

The Law School’s Institute on Crime and Public Policy is sors, a legislator and others. It met twice a year for three a work in progress, he said. It will bridge two worlds. years, with each participant committing to intellectual While its exact activites have not been detailed, it will do inquiry and writing a discussion paper. intellectually serious and honest research and already has a clear agenda. Participant Jeremy Travis, then head of National Institute of Justice (NIJ), called it “a life changing experience.” It start- “The Institute has a clear premise that U.S. crime control ed when Tonry asked him for his discussion paper. He ini- policy has been fundamentally misconceived for a very tially tried to beg off, noting that NIJ had funded the pro- long time—wasteful of money, wasteful of human lives, gram, but Professor Tonry pressed. Shortly after,Attorney and not effective in altering offenders’ behavior,”Tonry General Janet Reno asked Travis what the country was said.“The bread and butter issue is going to be to get sen- doing about the surge of inmates leaving prison. He fum- tencing and punishment straightened out.”As one exam- bled for an answer, and Reno told him to get back to her ple, he points to the trend towards mandatory minimum in two weeks. sentences and three-strikes-and-you’re-out legislation. Society doesn’t benefit from holding “some doddering old Reno’s question became the center of Travis’ discussion guy,” he said. In fact, it ends up picking up significant costs paper,“But they all come back: Rethinking prisoner reen- unnecessarily. try.” Travis, now president of John Jay College of Criminal Justice, spent the next five years working to improve the As it now stands, the Institute will: ways ex-offenders reconnect with society. He recently published a book with the same title. • Have an annual budget of $400,000–$500,000, employing three or four early to mid-career social sci- “It is not a stretch to say that the very robust national con- ence post-doctorate students and/or new lawyers to do versation on prisoner reentry can be tied back to the fertile research. environment of the executive session and the catalytic • Host conferences. question by Janet Reno,” he said. • Create a formal framework to promote collaborative research, both within the Law School and with sociolo- From the Corn Belt, an gists, criminologists, psychologists and others in related international reach fields. The Institute has already held two conferences. One, held • Hold executive sessions, high-level strategy and man- in May, drew participants from 12 countries to discuss agement training sessions for heads of federal and state differing approaches to rising crime. From agencies, academics and policy makers. 1970–1995, crime rates tripled in every West- The Institute’s first-year goals include starting an executive ern country. Globalization and economic session, which brings together leaders in all areas of the changes affected each country, yet criminology community. the United States and The Netherlands became vast- Consider the results from executive sessions on sentencing ly more punitive, and corrections sponsored by the U.S. Department of Jus- while Finland tice that Professor Tonry led at the Law School in the late 1990s.The group included heads of state prison systems, probation and parole directors, criminologists, law profes-

22 Perspectives FALL 2005 Crime and Punishment

reduced its imprisonment rate by two-thirds and most Parsing the sentencing other countries kept their prison rates flat. Professors Tonry, Reitz and Frase all share a passion for “Why is that? What is it about countries that made them sentencing studies. Professor Reitz had taught at the Uni- respond to similar set of stimuli in very different ways?’” versity of Colorado since 1988 and in 2001 became an Professor Tonry asked. (The answers to these questions American Law Institute (ALI) reporter, taking on the piv- will be published in book form by the University of otal role in rewriting the ALI’s Model Penal Code. He said Chicago press.) a number of things attracted him here. The newly hired Professor Reitz said the Institute would Minnesota has one of the strongest criminal law programs make the Law School an exciting place to be.“There are in the country, he said. Further, Minnesota’s sentencing many of us who know a great deal about American crimi- guidelines system is significantly influencing his sentencing nal justice policy, but a truly ambitious, intellectual center proposals. He has worked with Minnesota criminal justice has to be international in its scope,” Reitz said.“I expect it community for 15 years—including sentencing commis- to be a vibrant crossroads of international thinking on pol- sion members, judges, prosecutors and defense lawyers.“I icy issues that every government in the world grapples have more good friends in Minnesota than in any place with—in criminal law, in sentencing and policing.” that I have never lived,” he quipped. Professor Frase has taught in France and Germany, and in The Model Penal Code is a unified statement of criminal addition to his Minnesota sentencing studies he has done law and sentencing rules recommended for all states. Pro- comparative law research. One area of interest is the Euro- fessor Reitz compared overhauling the Code’s sentencing pean use of “day fines” as a sentencing alternative for prop- recommendations to writing an eight-volume book, but erty crimes.A day fine is based on a person’s daily net harder.“You literally work with hundreds if not thousands income, he said.A less serious crime such as shoplifting of people,” he said.“You are not an individual author.You might carry a 10-day fine, while a more serious crime such are interacting with knowledgeable people throughout the as a garage burglary might carry a 30-day fine.“Day fines legal community, in the mental health field, in criminology, are calibrated both to the seriousness of your crime and and in political science.” your means,” he said, scaling the punitive bite to a person’s ability to pay. Professor Reitz has investigated various sentencing systems and compared prison growth rates.Among his findings, While the Institute promises an international reach, Profes- states with parole boards tend to have faster prison growth sor Tonry sees a big advantage to its heartland location. than states that have abolished them, such as Minnesota. New York and Washington generate most of the high-pro- “That is an important empirical finding, because most file crime policy research. However, 95 percent of the peo- people believe exactly the opposite,” Professor Reitz said. ple in prison are in state prisons elsewhere in the country. “Most people believe that a parole board lets people out “There could be a real advantage, a credibility gain, to early, that it works towards leniency.” being closer to the real world of practice,” he said. Roughly two-thirds of all states have parole boards, Profes- Locating at the University of Minnesota had another big sor Reitz said. He does not know why they have faster upside. It has professors, such as Reitz, Frase and Feld, prison growth, but speculates politics plays a role. Gover- doing empirical research and data analysis, uncommon in nors appoint parole board members; they may decide to law schools.“There are only two or three other law profes- hold prisoners longer to avoid the political fall-out from an sors in the entire country doing work like them,” he said. early-release prisoner who reoffends.

KEVIN R. REITZ MARY LOUISE FELLOWS RICHARD S. FRASE James Annenberg Levee Land STEPHEN M. SIMON Everett Fraser Professor of Law Benjamin N. Berger Professor of Criminal Law Grant Chair in Criminal Procedure Law Clinical Professor of Law

CRIMINAL LAW FACULTY AT THE LAW SCHOOL

Perspectives FALL 2005 23 Crime and Punishment

CRIMINAL LAW FACULTY AT THE LAW SCHOOL

DAVID STRAS MICHAEL TONRY KEVIN K. WASHBURN Associate Professor of Law Marvin J. Sonosky Professor of Law and Public Policy Associate Professor of Law

Barbara Tombs,executive director of the Minnesota Sen- Guidelines give judges sentence ranges for specific crimes, tencing Guidelines Commission, said the parole board issue but also allow them to depart based on circumstances. Pro- is reemerging in the state.“I think oftentimes the legisla- fessor Frase analyzed when judges departed from the rec- ture will pass sentences that are very long.Then, when we ommendations, looking for trends and where the guide- start to face the fiscal reality of the sentences, they look for lines might need changes. a mechanism to reduce our prison population,”Tombs said. One of Professor Frase’s most significant contributions “I see the battle coming up again possibly in the next year came in the area of racial disparities research, he said. On or so. I would rely very heavily on Professors Reitz’s and the surface, the data suggested that Minnesota’s sentencing Frases’s experience…to make legislators understand that system had serious bias.A 1991 study said that Minnesota might not be the best direction.” incarcerated black offenders at 19 times Written in the 1960s, the present Model Penal Code has the rate of white offenders, the high- had little impact on current sentencing debates, Professor est ratio in the nation. Reitz said. It made rehabilitation the overarching goal of “In New York State, when they punishment, an assumption long out of favor. were deciding against sentenc- “The mistake we made in the 1950s and 1960s was that ing guidelines, they specifically we were too optimistic in thinking that just about anyone pointed to the racial disparity who was convicted of a crime could be changed for the in prison rates in Minnesota,” better, and we knew how to do that,” he said.“It turns out Professor Frase said.“They that rehabilitation is a harder project than we thought.” said,‘that is why we don’t want to have sentencing Professor Reitz said he hopes the updated Code will pro- guidelines.’” mote rehabilitation, but based on solid research about what programs actually work.“These judgments end up not Professor Frase’s research sug- being simply empirical judgments, they are also moral gests it is not a sentencing problem, but a problem that judgments, about how hard you try, knowing that you will starts earlier in the criminal jus- succeed only in the minority of cases,” he said.“I try to tice cycle.“The same huge dis- make sure that, before people start disagreeing on moral parities appear at the point of issues of this kind, they at least look at the best knowledge arrest and then follow through the and research we have, so that the facts give some basis for system,” he said.“So if blacks are 20 discussion.” times more likely to be arrested per capita, it is not surprising they end up 20 Guiding the guidelines times as likely to be in prison.” Professor Frase has followed, monitored, and number- Professor Reitz’s research shows guidelines vary state to crunched Minnesota’s sentencing guidelines system since state, and not all states use them.The federal government 1980, when Minnesota became the first state in the nation uses its own system and it has created backlash, making to adopt them. He arrived at the law school three years ear- non-guideline states skeptical about adopting them. lier and came with an empirical research background, stem- ming from his undergraduate days.“I was a social psycholo- “The federal guidelines have helped drive federal prison gy major, and that was very heavily data oriented,” he said. populations up at a very fast rate,” he said.“The federal

24 Perspectives FALL 2005 Crime and Punishment guidelines are extremely punitive, especially for drug gations of 16- and 17-year-olds charged with felonies,” he offenders. Some of the drug offenders get sentences that said.“I have the tapes and the transcripts and the police are far greater than people who commit homicide, or reports and the court filings.” He knows of only one other aggravated rape or other serious violent crimes.” empirical study of police interrogation in the last 30 years, and he is the first one to look at juvenile cases. Fixing juvenile injustice Professor Feld said the Institute would bring new energy Impacts felt on campus, to the Law School and give his juvenile justice research in the classroom more visibility. Professor Frase said the new Institute will spur networking A mid-1980s scholarly conundrum spurred one of his cur- across the University.“Having an institute, access to rent projects, he said. He was writing an article on how research grants and an institutional structure will make it often juveniles waive their Miranda rights.The standard for easier for us to work with people in other departments waiving Miranda rights is the same standard used for right- who have overlapping criminal justice interests,” he said. to-counsel waivers,“knowing, intelligent, voluntary under “There are a number of criminologists in the sociology the totality of the circumstances,” he said. He wanted to department who are serious empiricists and have more add a footnote about how often kids waive the right to sophisticated research tools than any of us law professors counsel in juvenile proceedings.“I discovered that we did- have,” he said. n’t know anything,” he recalled. Research also has direct benefits for students. Professor After years of research covering a half a dozen states, he Feld said his research renews his enthusiasm to teach.“I found that most kids waived the right to counsel.“That know, for example, that the way I will teach police interro- included Minnesota, where half the kids in the juvenile gation, both in criminal procedure and juvenile justice, will justice system never saw a lawyer, including a third of the be informed in very different ways than it was even last kids who were removed from their homes and a quarter of year because of my research.” the kids who were placed in training schools,” he said. Professor Reitz said he challenges his students to read That research triggered state and federal law changes. In empirical studies on drug treatment programs or evalua- 1995, Minnesota mandated counsel for juveniles. John Stu- tions of prevention programs for juvenile offenders.“It is art, administrator of the Minnesota State Public Defender’s not the kind of reading you typically do in a law school office, said Professor Feld’s work had a big influence. classroom, but students find very quickly that this is important to the work they do as lawyers, policy makers or “Barry was one of the first and smartest people in the members of the community,” he said. country to realize that juvenile court was being trans- formed from an informal, benevolent, child-helping sort of Dean Johnson said there is a growing emphasis on teaching an institution to one of the front lines in the political bat- the next generation of lawyers about the importance of tles around crime control,” Stuart said. empirical research.“There are jokes about lawyers being afraid of statistics and math and empirical work,” he said. Professor Feld is doing a before-and-after study to find out “If you want to be a first-rate lawyer, and you are going to whether the juvenile court system followed the law and if have a first-rate law school, you have to address and be able it improved the quality of justice. He has data for every to engage in empirical research.” Such scholarship animates child who went through a Minnesota juvenile court in and sharpens students’ persuasive skills, he said,“They are 1994 (the year before the law changed) and in 1999, along not talking supposition.They are not speculating.They with their prior records going back a couple of years.“We have documentation and proof.” ● are talking about data sets with well over 20,000 cases in each one,” he said. Scott Russell is a freelance writer and full-time reporter, covering Minneapolis city government for Skyway News and Southwest Journal. He has two other major investigations underway.Violent crime committed by girls has increased in the past decade, he said. He belongs to a study group researching whether the increase stems Congratulations to Professor Barry Feld on his recent selection as a from changes in girls’ behavior or changes in Fellow of the American Society of Criminology Association “in how the juvenile justice system treats girls’ recognition of his outstanding contributions to the intellectual life behavioral problems. of the discipline.” Following his induction on November 16th in Toronto at the Annual Meeting, Professor Feld will join Professor He also is reviewing juvenile interrogations, Michael Tonry as a Fellow in the largest professional criminology what techniques police use and the responses association in the world. In the last fifty or so years only one hun- they elicit. Minnesota is one of two states that requires police to tape record criminal defen- dred criminologists have been so honored (the by-laws limit the dant interrogations, including juveniles, he said. number of inductees to three or fewer per year). “I have obtained 66 case files of police interro-

Perspectives FALL 2005 25 Law School’s Leadership Helps Put Brakes on Drunk Driving

BY SCOTT RUSSELL ou might not have noticed, but your Minnesota improve DWI apprehension, prosecution, adjudication and motor vehicle title has a tear-off postcard to treatment. It then works with the legislature, law enforce- mail to the State when you sell your car.To ment and the courts to get the “fixes” or improvements some, it’s an odd appendage.To Professor Steve adopted.The postcard is one tangible example of its work. Simon, it’s a drunk driving prevention device. Y Separate from the new Institute on Crime and Public Poli- A clinical professor and DWI researcher for 25 years, cy, the DWI Task Force’s work is critically important. More Simon founded the DWI Task Force in 1982 and contin- than one third of all Minnesota’s alcohol-related crash ues as its volunteer director.The law school received feder- deaths involve repeat DWI offenders, Simon said.That al funds to operate the Task Force when federal funding means the system has had its hands on them before.“So was available for state DWI task forces during the late 80s the question is, what can we do to keep them from com- and early 90s. Currently the Task Force members and Pro- ing back?” he asked. fessor Simon volunteer their time.The Law School provides a meeting site, some administrative support and a A decade ago, the Task Force found that 35 percent of portion of Professor Simon’s research assistant’s time. Pro- repeat DWI offenders were rearrested driving cars regis- fessor Simon shares his own DWI research and his knowl- tered to someone other than themselves or their spouse. edge of empirical DWI research from around the world Interviews with DWI offenders revealed the system they with the Task Force, which includes 15–20 police officers, used to avoid detection by officers doing routine license prosecutors, probation officers, judges and drivers license plate checks.The chronic offenders would buy cheap used administrators, and a broader e-mail list.The Task Force cars with recently renewed license tabs, telling the seller identifies problems with Minnesota’s DWI laws or enforce- they would transfer the title.They would leave the car in ment practices that need to be “fixed.” It also identifies the seller’s name, remaining invisible to vehicle registration new laws and enforcement practices that it believes will files, repeating the process as needed.

26 Perspectives FALL 2005 Law School’s Leadership Helps Put Brakes on Drunk Driving

Research at hand, Professor Simon, representing the Task Force, successfully worked with the legislature to get it to adopt a change in the state’s vehicle registration laws to UNIVERSITY OF MINNESOTA include the title transfer postcard notification to the state. At the time of the sale a private person selling their vehicle LAW SCHOOL detaches and mails the card, alerting the state to the sale. PRESENTS The sold vehicle’s registration file is “flagged,” and the new owner then has 10 days to request a title transfer of the vehicle into their name. If they don’t, the state revokes the CONTINUING LEGAL registration, a red flag for officers checking plates.This “tear off post card” discourages repeat DWI offenders EDUCATION PROGRAM from driving because it is less likely that they can do so with anonymity. 2006 Hennepin County Attorney Amy Klobuchar credits Simon, the Task Force and its research with helping pass legislation creating the crime of felony DWI (four or more offenses in 10 years), extending chronic offenders’ proba- SUPER CLE tion period and pressing for speedier DWI adjudication, which reduces recidivism. “Sometimes it doesn’t seem like research affects everyday WEEK XXVI lives,” Klobuchar said.“This was very useful to us.” Including all the Ethics and Bias Credits Currently, a major focus of the Task Force is encouraging officers to request a Breathalyzer rather than a blood or you will need for the Reporting Period. urine alcohol test. Its research found a significant number of officers preferred using a blood or urine test; it spared Mon., March 13–Sat., March 18, 2006 them a courtroom grilling, putting a lab tech on the hot seat instead. However, because of the complicated process involved in handling, analyzing and transmitting the results AND of blood or urine test to the officer who must then submit the results to the state, a blood or urine test takes one to two months longer to process compared to a breath test. SUMMER This is substantial because the state, acting through the arresting officer can revoke the DWI offender’s driver’s license at the time of the breath failure, which is within hours of the impaired driving and subsequent arrest. CLE XXVII Because of the longer processing time for a blood or urine sample, the driver’s license of a DWI offender who takes a Featuring University of Minnesota Law blood or urine test is typically not revoked for seven or School Faculty eight weeks. Professor Simon’s research shows that a delayed license revocation increases DWI recidivism. Tues., May 30–Fri., June 9, 2006 The Task Force brings practitioners together to analyze DWI laws and current research and discuss what does and doesn’t work, Simon said. “Then we go to the legislature, we go to the courts, we go MARK to law enforcement and say:‘You should make this change,’” he said.“This is what universities should be doing, serving as a catalyst for the combination of research, community outreach and societal change.” Simon says that YOUR CAL- “in small and big ways, the Law School has made the roads a little safer for Minnesota drivers by getting out of our ivory tower and working with criminal justice professionals ENDAR! and policy makers.” ● Scott Russell is a freelance writer and full-time reporter, covering Minneapolis city government for Skyway News and Southwest Journal.

Perspectives FALL 2005 27 ❯ Faculty Essay

Proportionality Principles in the American System of Criminal Justice

PROFESSOR RICHARD S. FRASE Benjamin N. Berger Professor of Criminal Law

otwithstanding recent pronouncements and narrow rulings of the U.S. Supreme Court, proportionality principles are well established in the Court’s Eighth Amendment jurisprudence, and are implicit in many other areas of American criminal justice, both in constitutional and in non-con- stitutionalN law doctrines.1 This essay surveys the many ways in which proportionality principles have been applied in criminal cases, and argues that these principles deserve broader recognition and application. In the recent three-strikes case, Ewing v.California, two justices declared that the Eighth Amendment imposes no proportionality limits on criminal sentences.2 Three other justices were willing to recognize only a very narrow proportionality principle3 which, to judge by the facts and result in Ewing, affords almost no protection against extremely severe prison sentences. (In Ewing, the Court refused to invalidate a sentence of twenty-five- years-to-life given to a repeat property offender convicted of shoplifting three golf clubs.) As this essay will demonstrate, there is nothing novel about federal constitutional proportionality review, and no reason why the Court should not explicitly endorse such review.There is even more reason to recognize proportionality principles when state courts interpret state constitutional provisions, and when courts and legislators deal with issues of non-constitutional law, since these decisions confront fewer issues of federalism and democratic legitimacy.The widespread use of proportionality principles in American law reflects the deep moral and philosophical roots of these principles.The variety of ways in which these principles have been formulated also shows that they can be adapted to many different legal contexts.

28 Perspectives FALL 2005 Faculty Essay

A major impediment to broader recognition of these principles is semantic—proportionality principles are often applied but rarely labeled as such. Even in areas of the law, such as sentencing, in which proportionality is explicitly invoked, the concept is often defined narrowly in terms of retributive or other fault-based criteria, or is not defined at all. However, if we look at the substance of legal doctrines we can see that there are several non-retributive proportionality principles which have been applied—not only to sentencing issues but also in other areas of criminal justice. Moreover, concepts akin to retributive proportionality can be found outside of the sentencing context.These retributive and non-retributive principles take a variety of forms, and serve a variety of functions, depending on the context, but they have one thing in common—they all help courts and legislators decide when a given public or private measure is excessive. But, excessive compared to what? Proportionality analysis requires a normative framework. Retributive proportionality compares a penalty or civil remedy to the actor’s degree of fault or blameworthiness—in particular, the harm which the actor has caused or threatened, and the actor’s culpability as measured by his intent, motives, capacity to choose, and where multiple actors are involved, the importance of his role in the activity. Although pure retributivists view blameworthiness as the sole evaluative criterion, most penalty schemes take a hybrid approach known as limiting retributivism (or modified just deserts), in which retributive proportionality principles set outer limits—and especially, upper (maximum) limits—on sanction severity.4 In criminal justice, retributive proportionality limits govern who may be held criminally liable (only those who are sufficiently blameworthy), and how severely they may be punished (not more than they deserve). In this essay these two limiting retributive (“LR”) proportionality limits will be referred to as LR liability principles, and LR severity principles. Two other widely-employed proportionality principles define excessiveness not in terms of fault or blame, but in relation to the pursuit of practical purposes such as crime control or the prevention of police illegality.These two principles, which have been central features of utilitarian philosophy since the 18th Century (and of Just War principles long before that)5 recognize that a measure can be excessive in two distinct ways: 1) the measure can be unnecessarily severe relative to effective, less costly and burdensome means of achieving the same purposes; and 2) the measure can be excessive relative to those purposes—the costs or burdens imposed by the measure may exceed the likely benefits. In this essay, these two concepts will be referred to as “alternative-means” proportionality and “ends- benefits” proportionality (or “means” and “ends” proportionality, for short). The retributive and utilitarian proportionality principles summarized above have each been used in a variety of ways, and American legal doctrines often incorporate more than one of the principles. Depending on the context, a proportionality principle can be applied in categoric fashion (as a rule), on a case-by-case basis (as a standard), in a hybrid approach located anywhere along the rules-standards continuum or in combina- tions, with both rule- and standard-like elements.6 Courts may use stricter or looser formulations of any of these principles,

Perspectives FALL 2005 29 Faculty Essay again depending on the context.As illustrated by the two tailored to achieve the asserted interest (a case-specific, limiting retributive principles summarized above, propor- means proportionality standard).8 Similarly, under “inter- tionality analysis (whether retributive or utilitarian) can be mediate scrutiny,” such as that applied to gender-based applied to the question of whether a measure is permitted classifications, the state’s interests must be “important,” and at all, as well as the question of whether the measure is the means used must be “substantially related” to the excessive in scope, intensity, or duration.A finding of dis- achievement of those interests. Even under the Court’s proportionality is usually viewed as problematic per se, but normal, highly deferential review standard, requiring only a in some areas of the law it merely plays an evidentiary “rational basis” between the state’s interest and the means role, for instance, implying the existence of an impermissi- chosen, the Court has several times struck down laws by ble government purpose. Finally, proportionality analysis finding that the asserted state interest was not a legitimate can benefit a wide variety of litigants. In criminal justice basis for criminal prohibition9 (a categoric, ends propor- and many other contexts, the proportionality principles tionality rule). cited above have usually been used by courts to protect citizens from excessive government measures. But utilitari- Proportionality principles are also applied by courts seek- an proportionality principles have also been used to deny ing to decide whether a nominally non-criminal, regulato- citizens’ rights or protective procedures, or to balance ry measure is sufficiently punitive to trigger the substantive other competing rights or interests. In these contexts, a Due Process ban on punishment without compliance with finding of disproportionality favors the government, or criminal procedure safeguards.The Supreme Court has one citizen over another (or, in some non-criminal con- held that such procedural safeguards are required whenever texts, one government entity over another). there is a legislative intent to inflict punishment, and that such intent can be inferred, inter alia, if a measure is dispro- In all of these contexts, proportionality principles have portionate to all legitimate administrative and regulatory proven to be highly adaptable and useful analytic tools goals.10 It appears that the Court is using a means dispro- when courts and other policy makers are called upon to portionality test (the measure is more severe than necessary decide whether a governmental or private measure is to achieve the asserted non-punitive (regulatory) goal). excessive.These principles would be even more useful if However, the concern here is not with disproportionality their ubiquity, variable forms, and common features were itself, but rather with the inferred punitive intent—dispro- more widely recognized, and the principles were more portionality serves an evidentiary function. clearly defined.This would permit borrowing of useful formulations developed in other legal contexts, and would Numerous non-constitutional limitations on criminal liability reflect one or more proportionality principles. Prohi- encourage more frequent, more precise, and more consis- 11 tent application of these principles. bitions on strict liability reflect LR liability principles. Traditional use-of-force defenses incorporate both means The remainder of this essay will briefly survey the many and ends proportionality principles, and a violation of examples of retributive and utilitarian proportionality prin- either principle results in denial of a complete defense. In ciples which have been employed in American criminal the law of self defense, for example, alternative-means pro- law, sentencing, and criminal procedure.The emphasis will portionality requires that defensive force not be unneces- be on constitutional doctrines, but some examples from sarily harmful—you can’t kill to avoid being killed if the non-constitutional law will also be cited. threat could also be avoided by non-deadly means. Ends- benefits proportionality in self defense requires that the I. Criminal Law: Limitations on defensive force must not be excessive relative to the threatened harm—you can’t kill an attacker to avoid receiving a Criminal Liability minor battery, even if killing is the only effective available Several federal constitutional limitations on state and fed- means of prevention.12 eral criminal laws embody one or more of the proportionality principles described above. LR liability principles II. Sentencing and (no liability without sufficient blame) underlie constitutional prohibitions on “status” crimes (“being an addict”) Quasi-criminal Penalties: and punishment without fair notice that the conduct Limitations on Sanction would be punished (vague criminal laws, certain crimes of Severity omission, ex post facto laws, and other retroactive exten- sions of liability).7 The Supreme Court has explicitly or implicitly recognized several proportionality principles when reviewing criminal The Supreme Court has also invalidated criminal laws and other sanctions for excessiveness.The Court has stated which do not appropriately serve important state interests. that the death penalty “is excessive and unconstitutional if When such laws burden First Amendment or other funda- it (1) makes no measurable contribution to acceptable mental rights, or target racial minorities or other suspect goals of punishment and hence is nothing more than the classes, the Court’s “strict scrutiny” review imposes both purposeless and needless imposition of pain and suffering; alternative-means and ends-benefits proportionality limita- or (2) is grossly out of proportion to the severity of the tions: such laws must serve a compelling state interest (a crime.”13 In practice the second standard focuses almost categoric, ends proportionality rule), and must be narrowly entirely on retributive factors, consistent with the LR

30 Perspectives FALL 2005 Faculty Essay severity principle.The first standard might only stand for Apart from the LR theory, ends as well as means propor- the minimum constitutional requirement of a rational basis tionality have long been seen as essential features of non- for state action. In the United States, this would not usually retributive sentencing policies. Classic utilitarian philoso- be thought of as a question of proportionality, although it phers and some court opinions19 view punishment as itself is in Europe.14 Alternatively, the first standard could implic- an evil (costly, and usually harmful to the offender); it should therefore be used efficiently and as sparingly as possible (means proportionality). Utilitarians also see great value in maintaining at least rough proportionality between sentence severity and the harms caused or threatened by the offense (ends proportionality).20 Proportionally-graded penalties help to match punishment costs itly incorporate a means proportionality concept. On this with crime control benefits, reinforce social norms of view, which finds some support in the Court’s cases, the offense severity (which guide behavior even when detec- death penalty is excessive relative to the next-most-severe tion and punishment rates are low, as is often the case), and penalty (life with or without parole) if death adds no give offenders an incentive to chose a less harmful form of measurable deterrent or other social benefits beyond those crime. Finally, to the extent that LR-severity, means, and achieved by a life sentence. ends proportionality principles all reflect widely-held values, respecting these principles in sentencing helps to Proportionality principles have been applied but poorly maintain public respect and support for the criminal law defined in the Court’s prison-duration cases.A three-factor and the criminal justice system. test announced in Solem v.Helm,15 and still at least loosely applied by a majority of the Court, directs courts to first compare the sentence to the gravity of the offense, and III. Criminal Procedure: then to compare sentences imposed for other crimes in the Limitations on Police Powers, same jurisdiction, and for the same crime in other jurisdic- Rights, and Remedies tions.The Solem Court’s analysis of the first factor clearly incorporated LR severity principles, and those principles, Many rules of constitutional and nonconstitutional crimi- as well as means and ends proportionality, may be implicit nal procedure reflect alternative-means and/or ends-bene- in the second and third factors. But the Court needs to fits proportionality principles.21 Fourth Amendment stan- more clearly explain what kinds of proportionality those dards defining “unreasonable” searches and seizures give the two factors measure, and how.Alternatively, state courts, police fewer powers to investigate minor crimes or pursue applying state constitutions, should develop their own less important regulatory goals (ends proportionality). review standards, as some have already done. Illinois courts, These standards also sometimes take into account the avail- for example, have developed standards for reviewing ability of less intrusive measures to achieve the govern- lengthy prison terms which more clearly reflect LR severi- ment’s purposes, and/or require a showing that the meas- ty and ends proportionality principles.16 ures used were necessary (means proportionality). The Supreme Court has been much more willing to The Eighth Amendment Excessive Bail Clause has been recognize proportionality limits on quasi-criminal interpreted to prohibit bail set at an amount higher than sanctions imposed via punitive damage awards and necessary to reasonably assure the appearance of the forfeitures of property used in crime.17 Under the Due accused at trial (means proportionality).22 Similarly, non- Process Clause, punitive damages are subject to LR severity constitutional pretrial release laws often define a range of limits, and possibly also means proportionality review. For- increasingly restrictive release conditions, and direct courts feitures, which have been evaluated under the Eighth to choose the least restrictive option which will reasonably Amendment Excessive Fines Clause, are subject to LR assure appearance and public safety. severity limits and possibly also both means and ends proportionality limits. In several cases the Supreme Court has invalidated rules or practices which placed a substantial burden on the defen- Proportionality has often been explicitly invoked in non- dant’s exercise of constitutionally-protected trial rights. In constitutional sentencing law and policy.As noted above, one case23 the Court noted that the state interests cited in some writers have viewed retribution as the primary or support of the burdens could be satisfied in other, less bur- sole criterion in sentencing, while others (and most practi- densome ways—a means proportionality argument. In tioners) have endorsed the LR severity principle, recogniz- other cases24 the Court has seemed to invoke ends propor- ing upper and occasionally lower retributive limits on sen- tionality—the state’s interests are not of sufficient weight to tence severity.Within these limits, crime-control and other justify the substantial burden on important rights. non-retributive sentencing purposes are applied, along with a means proportionality principle known as “parsimony”— Sometimes the government seeks to forcibly administer a preference for the least severe sanction that will ade- powerful medications to defendants, to render them com- quately serve all of those purposes.18 petent to stand trial or to make them easier to manage in

Perspectives FALL 2005 31 Faculty Essay jail or prison.The Supreme Court has placed both means 2. Ewing v. California, 538 U.S. 11, 31 (2003) (Justice Scalia con- and ends proportionality limits on these practices; the curring); id. at 32 (Justice Thomas concurring). charged offense must be serious, the medication must be 3. Id. at 23–24, 30 (opinion of Justice O’Connor, joined by Chief medically appropriate and effective, and there must be no Justice Rehnquist and Justice Kennedy). See also Harmelin v. less intrusive means of administering the drugs or of Michigan, 501 U.S. 957 (1991) (upholding sentence of life achieving the desired effects.25 without parole imposed on a first-time offender convicted of drug possession). Ends proportionality analysis has often been invoked to limit the scope of the exclusionary rules which enforce 4. See generally Richard S. Frase, Limiting Retributivism, in: THE Fourth and Fifth Amendment rights; the Court concludes FUTURE OF IMPRISONMENT (M. Tonry, ed., 2004). that the cost of excluding additional evidence outweighs 5. Frase, Excessive Prison Sentences, supra note 1, at 627; Sullivan, the likely additional enforcement benefits. In this context, a supra note 1, at 415. finding of disproportionality favors the government, not 6. Cf. Kathleen Sullivan, The Justices of Rules and Standards, 106 the citizen. HARV. L. REV. 22 (1992). Sixth Amendment rights to appointed counsel and jury 7. The Court’s status crime and fair notice decisions are dis- trial have been limited to non-petty offenses,26 a categoric cussed in Richard S. Frase, The Warren Court’s Missed Opportu- ends proportionality rule based on the assumption that in nities in Substantive Criminal Law, 3 OHIO ST. J. CRIM. L. (forth- minor cases the costs and administrative burdens of these coming 2005). safeguards outweigh the benefits (here again, a finding of 8. See, e.g., Boos v. Barry, 485 U.S. 312 , 321–2 (1988) (content- disproportionality favors the government). By the same based speech restriction). reasoning, nonconstitutional criminal procedure codes 9. See, e.g., Lawrence v. Texas, 539 U.S. 558, 578 (2003) (majority often grant fewer procedural safeguards in less serious cases public view that conduct is immoral is insufficient basis for (thereby “making the procedure fit the crime”). criminal prohibition). 10. See, e.g., United States v. Salerno, 481 U.S. 739, 747–8 (1987), Conclusion and cases cited therein. Despite the Supreme Court’s narrow endorsement of pro- 11. See, e.g., Model Penal Code, Sec. 2.02(1) (requiring at least portionality review in recent cases involving lengthy prison negligence); id., Sec.2.04(3) (recognizing limited mistake of terms, the use of explicit and implicit proportionality prin- law defense); Frase, Warren Court, supra note 7 (discussing ciples is widespread in American criminal justice. Retribu- Supreme Court cases reading intent requirements into feder- tive proportionality principles recognize that it is funda- al criminal statutes). mentally unfair to punish a person more severely than he 12. See JOSHUA DRESSLER, UNDERSTANDING CRIMINAL LAW 49, 222 (3rd or she deserves. Nonretributive means and ends propor- ed. 2001). tionality principles likewise reflect important, widely- shared moral and practical values—efficiency, narrow tai- 13. Coker v. Georgia, 433 U.S. 584, 592 (1977). loring of intrusive measures, matching of costs and burdens 14. See Emiliou, supra note 1, at 23-26; Sullivan, supra note 1, at with expected benefits, and affirmation of the relative seri- 417. ousness of crimes. In a number of contexts, one or more of 15. 463 U.S. 277, 290–92 (1983). these retributive and non-retributive proportionality principles has been deemed of sufficient importance to be 16. See Frase, Excessive Prison Sentences, supra note 1, at 605–6. given constitutional stature. Proportionality analysis will be 17. Id. at 602–3, 607–9. even more useful and widespread in the future if courts 18. See Frase, Limiting Retributivism, supra note 4, at 90–104. and scholars recognize the many ways in which these principles have been applied. ● 19. See Frase, Excessive Prison Sentences, supra note 1, at 592–96. FOOTNOTES 20. See Richard S. Frase, Punishment Purposes, 58 STAN. L. REV. 671, 678–9 (2005). This essay draws from several of Professor Frase’s recent articles, and from research for a book exploring proportionality princi- 21. See Frase, Excessive Prison Sentences, supra note 1, at 603–4, ples in many fields of American law, to be co-authored with 609–17. Provost E. Thomas Sullivan. 22. Stack v. Boyle, 342 U.S. 1, 5 (1951). 1. Proportionality principles have also been widely applied in 23. United States v. Jackson, 390 U.S. 570, 583 (1968) (needless other fields of law besides criminal justice, and in foreign and burden on jury trial right). international law. See NICHOLAS EMILIOU, THE PRINCIPLE OF PROPOR- TIONALITY IN EUROPEAN LAW: A COMPARTIVE STUDY (1996); Richard S. 24. See, e.g., Brooks v. Tennessee, 406 U.S. 605 (1972) (excessive Frase, Excessive Prison Sentences, Punishment Goals, and the burden on decision whether and when to testify). Eighth Amendment: “Proportionality” Relative to What? 89 MINN. 25. See, e.g., Sell v. United States, 539 U.S. 166, 179-80 (2003). L. REV. 571, 598–627 (2005); E. Thomas Sullivan, Antitrust Remedies in the U.S. and the E.U.: Advancing a Standard of Pro- 26. Scott v. Illinois, 440 U.S. 367 (1979); Baldwin v. New York, 399 portionality, 48 ANTITRUST BULL. 377, 414–20 (2003). U.S. 66 (1968).

32 Perspectives FALL 2005 ❯ Faculty Essay

t about 3:00 A.M. on November 24, Changing Evidentiary Standards in 2002, the Minneapolis Police Depart- ment received a 911 hang-up call orig- Domestic Violence Prosecutions: inating from the apartment shared by David Wright and his girlfriend, R.R. When R.R.’s sister tried to dial 911, The Minnesota Supreme Wright pulled the phone from the wall and smashed it.After he left R.R. Court Responds to Acalled 911.When police officers arrived at the apartment around 3:45 A.M. they saw that R.R. was crying and shak- ing uncontrollably. She was having difficulty breathing. Crawford v. Washington R.R.’s sister also was crying. R.R.’s sister told the officers she was scared to death and believed Wright would return BEVERLY BALOS to shoot her. During the 911 call and subsequent conversa- CLINICAL PROFESSOR OF LAW tions with the police officers, R.R. and her sister told the following story:Wright and R.R. argued. He said “I’ll show you” and retrieved a gun from his backpack and

Perspectives FALL 2005 33 Faculty Essay pointed it at R.R.’s sister. R.R. believed the gun was announced its decision, half of the domestic violence cases loaded as he subsequently pointed the gun at R.R. and set for trial in Dallas County,Texas,were dismissed due to said “little girl, shut your mouth.”After he pointed it back evidentiary problems.6 A survey of prosecutors’ offices in at R.R.’s sister,Wright left with keys to the apartment California, Oregon, and Washington found that 63 percent leaving R.R. to worry that he would return. of those that replied indicated that Crawford made it more likely that prosecutors would drop domestic violence The state charged and convicted Wright of two counts of charges when victim/witnesses recant or refuse to cooper- felony assault and one count of being a prohibited person ate.7 In this same survey, 65 percent reported that domestic 1 in possession of a firearm. Neither R.R. nor her sister violence victims are less safe than they were prior to the appeared at the trial to testify. Until 2004, a court would Crawford decision.8 have analyzed the question of whether to admit into evidence R.R.’s and her sister’s statements at Wright’s trial by Without the ability to call the police officer as a witness to determining whether the declarant was unavailable and relate the domestic violence victim’s excited utterances explaining what happened Whether a victim has experienced a single incident of intimate during the assault, prosecutors will likely either partner violence or has been subjected to years of violence and have to call a victim to testify against her abuser, even though she rightfully may be fearful about intimidation, the unique relationship she shares with her abuser testifying, or dismiss the case.With exceptional access to their victims, abusers are in a unique makes her particularly vulnerable to him, and greatly complicates position to intimidate their victims and their her involvement in any prosecution. families. If courts treat as testimonial and therefore inadmissible domestic violence victims’ 911 whether the statements the prosecutor sought to have calls and excited statements to the police arriving at the admitted were reliable.2 “Where the evidence falls within a scene, defendants will be able to get their cases dismissed firmly rooted hearsay exception” courts have found suffi- by simply intimidating their victims into their not testify- cient reliability to admit the evidence without violating ing if they can do so undetected.9 the defendant’s right to confrontation.3 On March 8, 2004 in its decision of Crawford v.Washington, the United States The reasons victims of intimate partner violence choose Supreme Court substantially changed the analysis of the not to participate in the prosecution of their abusers are admissibility of out-of-court statements. Under Crawford, manifold. Reasons include past failures of the criminal jus- the Sixth Amendment right of confrontation takes prece- tice system, financial dependence on the abuser, fear of dence in determining the admissibility of hearsay.The adverse custody determinations, and confusion over her Court decided that the admission against the accused of responsibility in the violence. Clearly, however, many testimonial out-of-court statements violates the confronta- domestic violence victims recant or fail to appear because tion clause unless (1) the declarant is unavailable as a wit- they fear their abusers.“Many victims who become witness and (2) the defendant had a previous opportunity to nesses in criminal cases against their abusers are subject to cross-examine the witness.The Crawford requirements only threats, retaliation, and intimidation to coerce their nonco- apply to those statements that are testimonial, but the operation with prosecutors.”10 Often the victim is in more Court did not provide a comprehensive definition of testi- danger when she chooses to leave the relationship or when monial. Rather the Court provided some examples of tes- she participates in the criminal prosecution. Given that it is timonial hearsay, which included ex parte testimony at a beyond the scope of the criminal justice system to mean- preliminary proceeding, statements taken by police officers ingfully mitigate most of these collateral consequences of a in the course of interrogations, and statements that would victim’s participation, including guaranteeing a victim’s lead an objective witness reasonably to believe that the safety should she testify or appear at trial, communities statement would be available for use at a later trial.5 throughout the United States have instead focused on how to effectively prosecute this crime without the participa- This shift in the standard for the admission of hearsay evi- tion of the victim/witness. dence has a significant effect on the prosecution of domestic assault cases, because victim/witnesses often do not Whether a victim has experienced a single incident of inti- appear at trial, leaving prosecutors to depend on hearsay mate partner violence or has been subjected to years of statements to prove their cases.The Crawford decision has violence and intimidation, the unique relationship she the potential to undermine years of law reform efforts by shares with her abuser makes her particularly vulnerable to advocates and public policy makers who have worked to him, and greatly complicates her involvement in any prose- make the criminal justice system more responsive to cution. In either instance her abuser has easy access to her, domestic violence cases by promoting prosecutorial poli- and the likelihood of retaliation or reoffense is especially cies and practices that hold abusers accountable for their great. In many cases the abuser has access to her home, actions and foster the safety of victims.The serious conse- family, friends, children, work and finances. If the violent quences for prosecuting domestic violence cases emerged incident is part of a pattern of violence and coercion, these almost immediately after the Crawford decision.According complications are intensified. More than in other criminal to one scholar, not long after the Supreme Court prosecutions, conflict between the state’s interest in holding

34 Perspectives FALL 2005 Faculty Essay a perpetrator accountable and a victim’s self-identified safe- abusers accountable for their assaultive behavior.The deci- ty concerns may arise. sion in Wright acknowledges the importance of the defendant’s right of confrontation while at the same time recog- On behalf of the University of Minnesota Law Clinics, I nizing the need for the criminal justice system to respond represented the Minnesota Coalition for Battered Women, adequately to domestic violence cases.While granting the who along with the Battered Women’s Justice Project, filed primacy of the constitutional right of confrontation, the an amici curiae brief with the Minnesota Supreme Court in court is aware that domestic violence cases have unique the Wright case to bring the perspective of advocates and characteristics that require a nuanced analysis in order to victims of domestic violence before the court.The amici continue society’s progress toward accountability for supported the position of the respondent, the Hennepin abusers and safety for victims. ● County Attorney’s Office, by arguing that both the 911 statements and the statements to the police officers when FOOTNOTES they initially arrived at the scene were not testimonial. * Some of the material in this article is taken from the Amici Curiae Brief of the Minnesota Coalition for Battered Women In August of 2005, the Minnesota Supreme Court decided and the Battered Women’s Justice Project co-written with the Wright case. It held that R.R.’s and her sister’s state- Carolyn Ham and filed in the case of State v. Wright in the ments to the 911 operator and to police officers were not Minnesota Supreme Court. testimonial. It determined that while courts need to evaluate statements made during a 911 call on a case-by-case 1. State v. Wright, 701N.W.2d 802, (Minn. 2005); 2005 WL basis, it doubted that in the “face of immediate danger a 1903860, (Minn. Aug. 11, 2005). The factual summary is taken from the Minnesota Supreme Court decision caller is contemplating how her statements might later be used at a trial.”11 In the Wright case, the court found that 2. See Ohio v. Roberts, 448 U.S. 56 (1980). given the demeanor of the victims/witnesses, the closeness 3. Id. at 66. in time to the violent assault, and the nature of the exchange between the victims and the 911 operator, the 4. Crawford v. Washington, 541 U.S. 36 (2004) statements made were nontestimonial, did not violate the 5. Wright, supra note 1, citing Crawford, supra note 4. defendant’s right to confrontation, and were therefore 6. See Tom Lininger, Prosecuting Batterers After Crawford, 91 Va. admissible.With respect to the statements made to the L. Rev. 747, 749 (2005). police officers at the scene, the court again looked at the context within which the statements were made. It looked 7. Id. at 750. at the emotional state of the victims/witnesses, the level of 8. Id. formality of the conversation, and the purposes of the 9. If defendants intimidate victims into not testifying and the exchanges between the officers and the witnesses.12 In ana- state proves the wrongful conduct, the intent to procure the lyzing these factors, the court concluded that the witness’s unavailability and that the wrongful conduct actual- victims/witnesses’ statements to the police on the scene ly did result in the witness’s unavailability, defendants risk a were not testimonial. Finally, referring to the amici curiae court ruling that their intimidation amounts to a forfeiture by brief, the court recognized the particular difficulties of wrongdoing. Forfeiture by wrongdoing is the ability of the prosecuting domestic violence cases, because of the fre- court to admit evidence after the state has shown that the quency of intimidation of the victim by the abuser.The defendant forfeited his right to confront a witness by secur- court provided guidance to the trial courts by suggesting ing the witness’s unavailability. See Wright, supra note 1. that a forfeiture by wrongdoing analysis may be appropriate 10. Naomi R. Cahn & Lisa G. Lerman, Prosecuting Woman Abuse, in domestic assault cases when the defendant seeks to in Woman Battering: Policy Responses 102 (1991) In the Wright exclude out-of-court statements on the basis that the state- case, a victim advocate told the trial court that R.R. did not ment is testimonial. appear at trial because she was concerned for her safety and the safety of her sister. She told the victim advocate that Domestic violence continues to be a widespread problem Wright had been telephoning her from jail and told her that in Minnesota and throughout the United States. National- “if she doesn’t do what he wants someone will come over to ly, estimates range from 960,000 incidents of violence her house and do something to her.” See Wright, supra note against a current or former spouse, boyfriend, or girlfriend 1. per year to three million women who are annually physi- 11. Wright, supra note 1. cally abused by their husband or boyfriend.13 The first criminal justice policies and statutes specifically addressing 12. See id. domestic violence developed in the early 1980s. Prosecu- 13. See U.S. Department of Justice, Violence by Intimates: Analysis tion units throughout the United States, however, experi- of Data on Crimes by Current or Former Spouses, Boyfriends, and enced great difficulty prosecuting domestic violence cases Girlfriends (March 1998); The Commonwealth Fund, Health because of the especially high rate of recantation among Concerns Across a Woman’s Lifespan: 1998 Survey of Women’s victim/witnesses. One national survey of prosecutors Health (May 1999). revealed that nearly half of the prosecutors reported that 14. See Donald J. Rebovich, Prosecution Response to Domestic they had nonparticipating victims in at least 41 percent of Violence: Results of a Survey of Large Jurisdictions in Do Arrests their domestic violence cases.14 Prosecutorial practices have and Restraining Orders Work? 176 (Eve S. and Carl G. Buzawa, evolved to address this obstacle and more effectively hold eds. 1996)

Perspectives FALL 2005 35 AT THE LAW SCHOOL Through the amazing work of our faculty and staff, and our diverse and academically astute student body, the Law School is advancing the field of law. We are committed to upholding our tradition of excellence through pro- gressive instruction and influential scholarship. During the year, we encourage discussion and investigation into legal principles and the context in which they develop. We hope you will take the time to attend some of the upcoming Law School events scheduled for this year. Some of the activities and events that have already occurred include Commencement 2005, the Minnesota Law Review Banquet, and the State Tax Symposium. This section includes an in-depth piece on the University of Minnesota law journals, new directions for the Career and Professional Development Center, the announcement of a generous gift from Robins, Kaplan, Miller & Ciresi, a brief synopsis of Constitu- tion Day, and details about the Law Library’s recent award.

36 Perspectives FALL 2005 At the Law School

Robins Kaplan Miller & Ciresi endows two new distinguished research fellowships WIN CITIES-BASED ROBINS, KAPLAN, Miller & Ciresi law firm is contributing T$1,000,000 to create and endow two Solly Robins Distinguished Research Fel- lowships at the University of Minnesota Law School, the first fellowships of their kind for the Law School. Minnesota Law Review Celebrates The gift is made to honor Solly Robins, a founder of Robins, Kaplan, Miller & Ciresi. Solly Robins The 50th Anniversary of Volume 39 with First Annual was recognized nationally as one of America’s Distinguished Alumni Awards finest trial lawyers, who tried precedent-setting cases in the areas of negligence, products liabili- NIVERSITY OF MINNESOTA ty, and medical malpractice. He was the recipi- alumnus Walter F.Mondale, ent of the Minnesota Trial Lawyers Association’s UClass of 1956, was the keynote Lifetime Achievement Award. He earned his B.A. speaker at the Minnesota Law Review’s in 1934 from the University of Minnesota, and 2005 banquet, held at the Hyatt graduated in 1936 from the Law School. Solly Regency in downtown Minneapolis. Robins was born in 1913, of Latvian and Russian In addition to serving as an annual cel- immigrant parents, and died in 1999. ebration for the successful publication Creation of the Solly Robins Distinguished of a volume, this year’s banquet provid- TOP: Recipients of the Minnesota Law Research Fellowships represents a significant ed a forum for the first annual Min- Review first annual Distinguished milestone that will invigorate and set an exact- nesota Law Review Distinguished Alum- Alumni Awards: Richard G. Lareau, ni Awards, which were sponsored by ing new standard for scholarly achievement by Honorable William C. Canby, Profes- Gray, Plant, Mooty, Mooty & Bennett. recognizing exceptional research and scholarship sor Joyce A. Hughes, Honorable Awards were presented to the Honor- Walter F. Mondale, and Stanley Efron. occurring after tenure has been attained. No lim- able William C. Canby, Jr. (Class of itation is imposed upon subject matter, thus 1956) of the U.S. Court of Appeals for ABOVE: Walter F. Mondale, a Law enabling selection of faculty members who are the 9th Circuit; Stanley Efron (Class of Review alumnus, delivered the in the forefront of developing areas in law. The 1953) of Henson & Efron; Professor keynote address at the spring Law Solly Robins Distinguished Research Fel- Joyce A. Hughes (Class of 1965) of Review banquet. lowships will be awarded for either a two- or Northwestern University School of and political participation.Ten mem- three-year period at the discretion of the dean of Law; Richard G. Lareau (Class of 1952) the Law School. of Oppenheimer,Wolff & Donnelly; bers of Volume 39’s staff and editorial and the Honorable Walter F.Mondale board were present to reunite and “These fellowships are a tribute to the founding of Dorsey & Whitney.The awards were commemorate the proud history of the partner of the law firm and one of the finest trial presented before 225 Law Review Minnesota Law Review. lawyers in the nation’s history. Solly fully under- board and staff members, faculty, Finally, the Volumes 35 and 36 stood and embraced the principle that the pur- administration, alumni, attorneys, and Endowed Writing Awards were present- pose of law is to serve all Americans regardless friends. Distinguished Alumni Awards ed by Richard Lareau to Andrew Davis, of position or power. It is an honor for the firm to will continue to be a tradition of the Matthew Krueger, David Leishman, recognize our founder and one of the great annual banquet. Nominations for next and Shaw Scott for their outstanding lawyers to come out of the University of Min- year’s banquet, to be held on April 6, article contributions to the 89th Vol- nesota Law School,”said Michael V. Ciresi, Class 2006, can be made via the Law ume of the Minnesota Law Review.The of 1971. Review’s website: http://www.law. Leonard, Street & Deinard endowed umn.edu/lawreview/index.html. writing awards were presented by Vol- Robins, Kaplan, Miller & Ciresi supports the Law The banquet also celebrated the 50th ume 88 Editor-in-Chief Alyn Bedford School in numerous ways, including partner anniversary of Volume 39.Volume 39 to Angela Behrens, Daniel Moore, and Elliot Kaplan’s chairmanship of the recently con- proudly claims keynote speaker Walter Laura Young for their exceptional pub- cluded capital campaign. Past major gifts from F. Mondale as its own. Mondale spoke lished student scholarship. ● the firm include an endowed professorship, and eloquently about his experience at the By Nico Kieves (Class of 2006), along with help from Matt a $1.5 million gift designated for a building Law School, and the role of its gradu- Krueger (Class of 2006), Ryan Miske (Class of 2005), and Ryan addition, public interest programming and ates in advancing civil rights, liberties, Stai (Class of 2005). legal clinics. ●

Perspectives FALL 2005 37 At the Law School

welcomed Vic Massaglia as a full-time Career Advisor. Massaglia was formerly Associate Director for Learning and New Directions for the Development at the Center for Busi- ness Excellence at the University of St. Thomas and a Career Coach at the Law School’s Career & College of Business at St.Thomas. He has an M.A. in human resource devel- Professional Development opment from the University of St. Thomas and brings more than 20 years HIS FALL INTRODUCED SOME staffing. Susan Gainen and Steve of human resources, career counseling important changes to the Law Marchese are now Co-Directors of the and professional development experi- TSchool’s career development CPDC, a change that acknowledges ence to the CPDC. Massaglia will services.As of August, the official name the team effort each of these directors focus primarily on working with stu- of the office, which provides guidance, makes to the goals of the office. dents, as well as developing CPDC direction and advice to our students Marchese and Gainen have planned programming. His arrival is an exciting and alumni in the area of career devel- many programs to assist students and development which, in light of his opment was changed from the Career alumni in their career searches, and background, understanding of career Services Office to the Career and Pro- will continue to provide direct servic- development, energy and good nature, fessional Development Center es, as well. Both Gainen and Marchese should add greatly to the services (CPDC). In addition to more accu- continue to increase the list of employ- offered by the CPDC. ers and contacts available to our stu- rately reflecting the wide range of Starting this spring, the CPDC will services provided by the hardworking dents, both inside and outside of Min- formally introduce new programming CPDC staff, the name change formally nesota. In addition, Dana Bartocci, designed to assist students in making acknowledges the Center’s role as a who is Special Assistant to Dean John- the transition to their new roles in the resource for professional development son and has served as part-time Career legal profession.Alumni will play a training and advice for the school and Advisor since last December, will con- major role in these programs. Please legal community at large. tinue to be an important part of the office, offering her expertise, guidance, contact Steve Marchese or Susan Along with the name change have and energy to students and employers. Gainen at 612-625-1866 if you have come some important changes in Finally, on August 29, 2005, the Center questions or would like to assist. ●

SAVE RACE FOR JUSTICE THE DATE! April 17, 2005, was the perfect spring day for the Law School's Third Annual 5K Race for Justice. Nearly 500 participants helped raise more than $10,500 to support public interest law at the Law School. The proceeds will help University of Minnesota graduates in low-paid public interest jobs make ends meet through the Loan Repayment Assistance APRIL 9, 2006 Program (LRAP) of Minnesota. RACE FOR JUSTICE Many thanks to our generous sponsors, donors, volunteers, and race participants from the University of Minnesota Law School community 5K Fun Run/Walk and beyond. We hope you'll join the annual tradition on Sunday, April 9, 2006, for our Fourth Annual Race for Justice. Teams are already forming, so talk to your friends, co-workers, and classmates now!

38 Perspectives FALL 2005 At the Law School

LECTURE SERIES ON LAW, HEALTH & THE LIFE SCIENCES

The Consortium on Law and Values in Health, Environment & the Life Sciences and Joint Degree Program in Law, Health & the Life Sciences are pleased to announce their 2005–06 Lecture Series, focusing on the ethical, legal, and social issues emerging from neuroscience.

All lectures take place from 11:30 am to 1:00 pm in the Mississippi Room in Coffman Memorial Union on the East Bank Campus of the University of Minnesota. CME, CNE, and CLE credits will be requested for each lecture.

Wednesday, November 2, 2005 Wednesday, December 7, 2005 Wednesday, March 1, 2006

PROFESSOR PROFESSOR OWEN PROFESSOR MICHAEL JONES, JD (Vander- MARTHA FARAH, GAZZANIGA, PhD bilt University) will PhD (University of (Dartmouth College) present “The Impli- Pennsylvania) will presented “The Ethi- cations of Behavioral present “Develop- cal Brain.” Professor Biology for Law: mental Neuroethics: Gazzaniga is the Evolutionary Per- Neuroscience, David T. McLaughlin Distinguished spectives.” Professor Jones holds a Childhood and Society.” Professor University Professor and Director of dual appointment in Law and Biologi- Farah is Professor of Psychology and the Center for Cognitive Neuroscience cal Sciences at Vanderbilt University. Director of the Center for Cognitive at Dartmouth College. His lecture He specializes in issues at the intersec- Neuroscience at the University of explained that neuroscience can tion of law and human behavioral Pennsylvania. Her work spans many either help or hinder how we should biology. In this lecture, Professor topics within cognitive neuroscience, think about everyday ethical issues Jones will argue that many long-held including visual perception, attention, that range from when we should con- understandings about where behav- mental imagery, semantic memory, fer moral status on embryos to hold- ior comes from are rapidly obsolesc- reading, prefrontal function, and most ing people responsible for their ing as a consequence of develop- recently, neuroethics. She will argue actions. ments in the various fields constitut- that advances in the study of brain ing behavioral biology. By helping to development, along with the growing The goal of his lecture was for refine understandings of behavior’s demands that society places on chil- participants to: causes, behavioral biology can help to dren and adolescents, present us with improve law’s effectiveness and a host of neuroethical issues. • Understand the neuroscientific efficiency. findings that underlie moral and Following this lecture, participants ethical behavior. Following this lecture, participants should be able to: should be able to: • Explain how neuroscience • Discuss issues in neuroethics that contributes to our understanding of • Understand findings in behavioral arise from neurologic findings and everyday ethical issues. biology that are relevant to law. social pressures in children and adolescents. • Describe how law can be made more effective through a biological • Understand the scientific findings understanding of human behavior. that underlie neuroethical issues in children and adolescents.

All lectures are free and open to the public. Registration is required if you are attending for CLE, CME, 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 [email protected], or visit . Maps may be found at

Perspectives FALL 2005 39 At the Law School

LUNCH SERIES ON THE SOCIETAL IMPLICATIONS OF THE LIFE SCIENCES

The Consortium on Law and Values in Health, Environment & the Life Sciences and the Joint Degree Program in Law, Health & the Life Sciences are pleased to announce their 2005–06 Lunch Series, focusing on “Energy and the Environment: Science, Ethics & Policy.” CLE credit will be requested for each lecture.

Thursday, November 10, 2005 Tuesday, February 7, 2006 Tuesday, April 11, 2006 12:15–1:30pm, Saint Paul Student Center, Theater 12:15–1:30pm, Coffman Memorial Union, 12:15–1:30pm, Coffman Memorial Union, Mississippi Room Mississippi Room

DONALD A. BROWN, PROFESSOR RICHARD L. Esq. (Pennsylvania RICHARD B. SANDOR, PhD, Consortium for Inter- HOWARTH, PhD (Chicago Climate disciplinary Environ- (Dartmouth College) Exchange) will pres- mental Policy) pre- will present “Climate ent “The Conver- sented “An Ethical Change and Inter- gence of Environ- Framework for Analyz- generational Fair- mental and Capital ing Global Warming.” Mr. Brown is ness—Reconciling Ethics and Markets.” Dr. Sandor is Chairman and currently Director of the Pennsylvania Economics.” Professor Howarth is Chief Executive Officer of Chicago Cli- Consortium for Interdisciplinary Envi- Professor of Environmental Studies at mate Exchange, Inc., a self-regulatory ronmental Policy and Senior Counsel Dartmouth College. He is an environ- exchange that administers a voluntary for Sustainable Development for the mental economist who studies issues greenhouse gas reduction and trad- Pennsylvania Department of Environ- of energy use, climate change, and ing program for North America. Most mental Protection. His lecture identi- ecological conservation. His lecture recently, he has designed revolution- fied the major ethical questions raised will explore and seek to resolve the ary market mechanisms for market- by climate change policy making and tensions that exist between moral based environmental protection pro- explained why express ethical reflec- theories emphasizing the importance grams. In his lecture, he will discuss tion on climate change policy options of stabilizing the Earth’s climate to the development of market-based urgently needs to be integrated into protect the rights or interests of future mechanisms to address global climate the scientific and economic matters generations and economic models changes, with special emphasis on that are currently framing climate that imply that comparatively emissions trading. change debate. little weight is attached to the benefits of climate change mitigation to Following this lecture, participants The goal of his lecture was for future generations. should be able to: participants to: Following this lecture, participants • Understand current industry • Discuss ethical questions raised by should be able to: perspectives on the intersection of climate change policy. energy and the environment. • Explain how these questions have • Understand the contrasting points • Propose environmentally friendly been addressed in existing policy of view on how best to mitigate solutions for industry energy use. and literature. climate change. • Propose and analyze legal and • Discuss specific proposals to policy responses to new climate stabilize climate change that change findings. reconcile differing views.

All lectures 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 e-mailing [email protected]. Registration is required if you are attending for CLE. St. Paul Student Center parking is available in the Gortner Ramp on Gortner Avenue, across Buford Avenue from the Student Center. Coffman Union parking is available in the East River Road Garage on Delaware Street behind the Union. Maps may be found at . For more information call 612-625-0055, e-mail [email protected], or visit .

40 Perspectives FALL 2005 At the Law School

The Toughest Job You’ll Ever Do For Free Growth, change, and constant excellence are the order of the day at the Law School’s journals

BY LESLIE A. WATSON cutting-edge topics.This new genera- better writers and critical thinkers. tion of journals welcomes diverse voic- AW REVIEW. DEPENDING Sarah L. Brew, Class of 1990, was a staff es to the academic conversation and member and primary editor of Law on whom you ask, that phrase reflects the ever-increasing complexity and Inequality. Now a partner with prompts very different respons- of the profession. Les. For the general public, it Greene Espel in Minneapolis, she con- may provoke a blank stare. For a sec- Thanks to these specialty journals, centrates on medical products liability. ond-year staff member who just spent more students now have a chance to “My journal experience was very posi- 42 of the last 48 hours cite-checking gain the skills that a traditional law tive,” she recalls.“It emphasized for me in the dustier regions of the library, it review experience offers.“Yeah,like that there is a role for scholarly writing may elicit a shuddering sigh. Mean- abbreviating case names according to throughout my career, which I have while, for lawyers who never worked the Bluebook,” a cynic may mutter. found both beneficial and a nice on a journal, the phrase conjures up But this common misperception of law change of pace from my regular prac- classmates who devoted themselves to review as an extended exercise in edit- tice.” Since graduating, Brew has con- law review in their spare time, as if law ing misses the point by a country tinued to publish in scholarly and prac- school weren’t already hard enough. mile—including the value of the tice-oriented publications. painstaking editing itself. For the Law School, the pages of its According to Jim Poradek, Class of law journals reflect the entire institu- Law journals provide students with 1998, working on a journal can be an tion’s prestige and academic excellence. valuable practical training and pave the invaluable dry run at life in a typical The Law School is one of the few way for lifelong scholarship. Besides law firm, with its frequent demand that schools in the country to publish both cite-checking the work of professional lawyers work under pressure to meet student and faculty-edited law journals, scholars, second-year staff members difficult deadlines. Poradek was the edi- all of which have achieved notable write their own articles, which under- tor-in-chief of the Minnesota Law prominence. Its flagship journal, the go exhaustive review by the journal’s Review during law school and now Minnesota Law Review, approaches its note and comment editors. In essence, practices intellectual property litigation 90th year as one of the leading law staff members run the very editorial with Faegre & Benson.“Law review journals in the country. In recent gauntlet that they will someday oversee teaches you that working as a team, decades, the Law School has broadened as third-year student editors. Given the under those conditions, can be really the avenues for legal scholarship by intensity of the writing and editing fulfilling,” he says,“which is something introducing specialty law journals that requirements, students who serve on that the best and most successful law feature wide-ranging perspectives and journals simply can’t avoid becoming firms absolutely know and understand.”

Perspectives FALL 2005 41 At the Law School

Both Brew and Poradek agree that law University’s 2004 list of most-cited need for credible voices,” says Krueger. review articles can be an indispensable legal periodicals, MLR placed 17th in “People may go to legal blogs for the practical tool in their own right, espe- the country. quick fix on the latest case, but the cially in emerging areas of the law. profession also needs resources that are As might be expected from an institu- “Many practitioners use law review more deliberative and more rigorous tion with so many years of tradition, analytically.The process that we go materials all the time, especially when MLR runs a tight ship, with time-test- through, checking every citation they are dealing with a practical, yet ed systems to manage the prodigious against hard copy sources, lends incred- novel, issue in litigation.” Poradek says, task of publishing its six issues every ible integrity to the work. In this age “Surprisingly, they frequently look to year. But as this year’s editor-in chief, of fractionalized and overwhelming student articles, because students tend Matt Krueger, points out, MLR has information sources, people are going to write about the more quotidian had to adapt to the demands of evolv- to continue to want to know what the issues that are nonetheless novel.” ing technology, especially in its efforts Minnesota Law Review says.” Finally, student-run law journals create to deal with the escalating volume of a critical forum for academic debate, submissions.With the help of the Krueger is particularly enthusiastic while providing the intense labor Internet, submitting an article has about the symposium MLR hosted, required to shepherd scholarly works become a simple, cost-free procedure, sponsored by Lindquist & Vennum, on into coherent, publishable form. and prospective authors now broadcast October 21, 2005, entitled “The According to Associate Dean Jim their articles to multiple law reviews at Future of the Supreme Court: Institu- Chen, who is involved in some capaci- once. By September 2005, MLR had tional Reform and Beyond.”With a ty with most of the Law School’s jour- received over 1,700 articles for consid- panel of high-powered scholars, the nals, students are uniquely equipped for the job of editing legal scholars. The Law School is one of the few schools in “Many legal authorities, and in particular legislators, do not have law the country to publish both student and degrees, but they are the givers and faculty-edited law journals, all of which have makers of law,” he points out.“What we need to do in our discipline, in a achieved notable prominence. way that many other disciplines do not, is to communicate our message to eration for the upcoming year; of symposium achieved a broad-reaching the educated but perhaps non-expert those, it will publish around 20. examination of the Court, from its public at large.What better group to Prompted by the demands of review- cert. petition review procedures to the do that than law students?” Chen also ing this mountain of material, MLR’s impact of its increasingly long-lived admires the tenacity of student editors. editorial board successfully lobbied the justices. MLR will publish materials “Student editors are relentless in a way faculty to increase the publication’s related to the symposium in issue 5, that professional editors rarely are,” he total staff and board to a record 73 due out in May 2006. says,“both in tracking down sources members. and making sure that a source really says what you said it does.” Krueger also sees the Internet forcing MINNESOTA JOURNAL OF LAW, subtler changes in the field of legal SCIENCE & TECHNOLOGY The Law School is fortunate to be able scholarship.“Many top professors are The Minnesota Journal of Law, Science & to provide these many benefits through pouring their hearts out on blogs every Technology (MJLST) is the school's its superior collection of law journals. couple of days,” he points out.The youngest scholarly journal, having While each of the journals has a result is a fresh and ongoing legal dia- debuted in December 2004. MJLST unique history and a distinct scholarly logue, in marked contrast to the continues and expands upon the work flavor, they share a core mission of timetable for a typical law review arti- of Minnesota Intellectual Property Review, carving out a coherent field of aca- cle.“The articles we receive in spring an online, student-edited journal demic debate at the evolving intersec- of ’05 may not hit the newsstands until founded in 2000. Publishing two issues tion of law and society. In so doing, the spring of ’06, and were probably per year, MJLST is a peer-reviewed, they contribute immeasurably to the written in the fall of ’04,” he says. multidisciplinary journal that focuses intellectual life of the school and the “That counsels that the nature of the on policy and ethical issues at the inter- greater legal community. law review article should be less time section of law, science, and technology. sensitive.” Unlike any of the Law School’s other MINNESOTA LAW REVIEW But Krueger is quick to refute any student-edited journals or its predeces- Founded in 1917, the Minnesota Law suggestion that the law review is sor, MJLST has a dual masthead - one Review enjoys a prominent position becoming less relevant in this age of of students, the other of faculty.The among the nation’s law reviews. In the broadband and blogs. If anything, the faculty board reflects MJLST’s multi- world of legal periodicals, one measure opposite is true.“In general, we are so disciplinary nature, and it includes rep- of prestige is a publication’s frequency saturated with information these days, resentatives from the Law School, the of citation. On Washington & Lee much of it mediocre, that there’s a real School of Medicine, the School of

42 Perspectives FALL 2005 At the Law School

Public Health, the College of Biologi- tional trade law. Building on that foun- and the languages they speak,” says cal Sciences, and the Humphrey Insti- dation, the Journal of International Law Laudon,“the journal has a very diverse tute.While maintaining its editorial will broaden its focus to include all and interesting group of students.” independence, MJLST provides a pub- things international, including compar- lication venue for the Consortium of ative law. LAW AND INEQUALITY: Law and Values in Health, Environ- As co-editor-in-chief Kelly Laudon A JOURNAL OF THEORY ment & the Life Sciences.The Con- AND PRACTICE sortium is a collective of University observes, JIL’s expansion recognizes programs that supports work on the the rapidly blurring lines between Founded in 1981, the school’s longest- legal, ethical, and policy implications of global trade and other areas of inter- running specialty journal is Law and problems in health, the environment, national law, such as human rights and Inequality: A Journal of Theory and Prac- and the life sciences. intellectual property.“These different tice. Now approaching its 25th anniver- fields are becoming increasingly con- sary, the journal remains committed to “MJLST has a much broader scope nected as the interaction among coun- its mission of exploring the nexus than the Intellectual Property Review tries and people increases globally, and between law and inequality, and the did, and it includes media communica- as we trade more and more on the ways in which law can both perpetuate tions, intellectual property, biotech, and global market,” Laudon explains. and remedy systemic exploitation and science,” says MJLST student editor-in- “Because of these developments, we discrimination. Originally published as chief, Sarah Bunce.With recent articles realized that an expanded focus on a feminist journal, Law and Inequality’s on subjects as diverse as voice-over international law would be appropri- focus has gradually expanded to Internet protocol and chloroplast engi- ate, and even necessary.” include inequality in many forms, from neering in plants, the journal takes a environmental justice to economic dis- broad, holistic view of its mission, In this year’s volume, JIL will feature advantage to criminal law.According according to Jim Chen, faculty editor- Law School faculty who specialize in to editor-in-chief Jenny Gassman- in-chief. Bunce says that she is excited international law, showcasing the Law Pines, the journal consciously pushes about leading MJLST during this peri- School’s breadth of legal research and the boundaries of both the legal pro- od of evolution, as it seeks to reach a scholarship in the field. Laudon says fession and legal academia in terms of greater audience and to delve into the that drawing on faculty scholars during the questions it asks and the areas of limitless number of topics under the this first year of transition will give the law it examines.As its name implies, umbrella of law, science, and technolo- journal some breathing room as it plots one of Law and Inequality’s goals is to gy. She believes that the expanded its future direction. In subsequent forge a meaningful connection focus will result in a much more issues, the journal will publish articles between theory and practice, and so it dynamic publication. by other leading scholars doing inno- routinely draws from a wide range of vative work in multiple areas of inter- authors, including scholars, students, The journal also hopes to reach a national law. practitioners, and activists. greater audience within the legal community through features like its Recent The journal has 25 staff members and Law and Inequality’s commitment to Developments section. Often written 18 editors, and publishes six student diversity resonates with prospective by practicing lawyers, Recent Develop- articles per year. Laudon thinks that the students, and its existence can influ- ments articles provide a five to ten-page journal’s expanded focus will prove ence their decision to attend the Law highlight of a significant case or trend especially attractive to students as they School.“There are students who came in each of the journal’s primary focus choose topics for their own articles. to this school because of this journal, areas.“One goal of Recent Develop- “The University of Minnesota attracts and because they knew that it was ments is to make the journal more many international students and people going to be a place that valued a accessible to the practicing lawyer, both with international interests,” she says, diversity of background and diversity for readers and for those who aspire to “and the JIL will provide a much of ideas,” says Gassman-Pines.“If [the contribute,” Bunce explains. She says broader forum for people to explore Law School] can attract students from that while MJLST remains a legal jour- those interests and to research the mer- different backgrounds by virtue of nal at heart, it will also someday its of things that interest them on a the journal, then that only adds to the include regular, substantive contribu- more scholarly level.” profession.” tions from non-lawyers, consistent with From a personal perspective, Laudon its multidisciplinary nature. Unlike most law journals, Law and appreciates the flexibility and opportu- Inequality selects its 25 staff members nity for change that a smaller, newer without regard to grades. Instead, JOURNAL OF journal affords.“With a more tradi- members are chosen based on their INTERNATIONAL LAW tional publication that’s steeped in his- written petition, a personal interview, This year, the Journal of Global Trade is tory, you may not always have the and a written statement about their being remade as the Journal of Interna- option of trying things that are new commitment to eliminating inequality. tional Law (JIL). Under the guidance of and innovative,” she points out. She Gassman-Pines says that this process is Professor Robert E. Hudec, the Journal also values being part of JIL’s niche important because of Law and Inequali- of Global Trade concentrated on the community.“In terms of where people ty’s specific ideological focus.“We want study of economic policy and interna- have lived, their experiences abroad, people on the journal who really value

Perspectives FALL 2005 43 At the Law School the work that we’re doing, as opposed to students who just generally want journal experience.” During the upcoming year, Gassman- Constitution Day Pines is looking forward to working with Professor Chen, who recently became the journal’s new faculty advi- We the People of the United States, in Order to form a more perfect Union, sor.“Professor Chen is very tapped into the other journals across the establish Justice, insure domestic Tranquility, provide for the common defense, country, and he has great ideas about where the journals should be going,” promote the general Welfare, and secure the Blessings of Liberty to ourselves she says. During her tenure as editor- in-chief, Gassman-Pines plans to work and our Posterity, do ordain and establish this Constitution for the United on increasing the journal’s readership, and on developing future events and States of America. symposia to enhance its visibility. United States Constitution, preamble No article about law school journals would be complete without a footnote HE UNIVERSITY OF ston, Duluth, Morris, and Rochester or two of its own. Perhaps one of the Minnesota Law School, on with this event. most amazing, yet little-recognized, T behalf of the entire University True to its standing as one of the qualities of the Law School’s journals is of Minnesota system, presented a pro- twenty finest law schools in America, that they consistently produce such a gram on Friday, September 16, com- the University of Minnesota Law wealth of scholarship from such memorating the United States Consti- School has boasted a strong tradition in cramped physical quarters.The Min- tution.The United States Constitution constitutional law and in scholarship nesota Journal of Law, Science & Technolo- is not only the basic law of the United on constitutional issues. In addition to gy has the dubious distinction of States, it has also inspired politicians, publishing journals related to constitu- “worst office space,” occupying a room philosophers, and ordinary people tional law, the Law School is home to that is best described as a closet. Kelly around the world. Scholars have devot- Constitutional Commentary, the Laudon of the Journal of International ed intense attention to the Constitu- nation’s leading peer- Law thinks that the strength of her tion, its interpretation by the Supreme reviewed journal on con- journal’s tight-knit community may Court of the United States, and its stitutional law. Its consti- actually be impaired by the limitations impact on the people of the United tutional law scholars rank of its space.“Our office is also very States.Although the Constitution and among the nation’s most small, and it simply cannot physically its interpretation are most intensely productive and insightful.The Law accommodate the journal meeting and studied at law schools, faculty members School is home to numerous events interacting as a group,” she says. On throughout the University of Min- related to constitutional law, ranging cite-checking weekends, the journal’s nesota system engage in scholarship on from “In Order To Form a More Per- 25 staff members must work long all aspects of the Constitution and of fect Union” to the Minnesota Law hours in a room designed for less than constitutional law. For its part, the Law Review’s 2005 symposium on institu- half that number.“The smell of Chee- School serves as a focus for the Uni- tional reform of the Supreme Court, tos can get a little overpowering,” versity of Minnesota system’s examina- Professor Jill Hasday’s public law work- Laudon says wryly. tion of the Constitution and its social shop, Professor Kristin Hickman’s con- understanding among ordinary people Even the Minnesota Law Review, which ference on state tax incentives for eco- throughout the United States. enjoys the largest offices of any of the nomic development, and “With All journals, is feeling the pinch.“One of The centerpiece of Constitution Day Deliberate Speed: Brown II and my headaches right now is trying to 2005 was a two-hour presentation at Desegregation’s Children,” the Law find enough office or carrel space for the Law School by members of the School’s conference commemorating our members, especially since we have Law School faculty on recent and the 50th anniversary of the second increased our staff,” says Matt Krueger. forthcoming Supreme Court contro- Supreme Court decision styled Brown “The Law School tries to reserve versies and on the nomination of Judge v.Board of Education. enough carrel space for 1Ls, but the John Roberts to serve as the next The Law School has also created a result is that many people on law Chief Justice of the United States.The Web site offering materials and inter- review, who are sometimes the busiest Law School’s presentation was called active lessons that focus on the Consti- people in law school, aren’t guaranteed “In Order to Form a More Perfect tution and constitutional law.To access any personal space in the building.” ● Union: Constitution Day 2005.” these materials, go to Leslie A. Watson is a freelance writer and a Streaming video delivered over the www.law.umn.edu/constitutional 1999 graduate of the Law School. She can be World Wide Web connected the East law/conday2005.html. ● found online at www.thebusypen.com. Bank, the Saint Paul campus, and the coordinate UMN campuses in Crook-

44 Perspectives FALL 2005 At the Law School

premier collection of this eminent jurist’s public and personal records.The heart of the archive consists of more than 300 letters written by Darrow to his family and friends.The richness and diversity of Darrow’s life are reflected in the depth and breadth of this collection, which also includes letters written to Darrow by Woodrow Wilson, Helen Keller, Sinclair Lewis, and Franklin D. Roosevelt. The kick-off event for “March to a Million” was a “Love the Library” Ice Cream Social for students and faculty on Valentine’s Day in 2004.This was followed by “Bat a Million for Minnesota”—a festive celebration of University of Minnesota Law the Law Library’s upcoming millionth volume and the opening of the Twins’ Library receives prestigious award baseball season. Events such as a weekly exhibit of students’ donations HE UNIVERSITY OF The Staff of the University of for the millionth volume—titles such Minnesota Law Library is hon- Minnesota Law Library as Aliens Ate My Homework and I Won- T ored to have received the presti- Row 1: Bonnie Johnson, Katherine der Why My Body Needs Sleep—were a gious Excellence in Marketing Award Hedin, Suzanne Thorpe, Joan Howland, vital part of the “March to a Million” sponsored by West Publishing and the Connie Lenz, Michael Hannon, Mila Rush campaign.The centerpiece of the cam- American Association of Law Libraries. Row 2: Cathy Heltemes, Mary Rumsey, paign—the life and career of Clarence The award, which recognizes the Law Cu Nguyen, Tae Macke, Gene Danilenko, Darrow—was highlighted in many Library’s “March to a Million” Cam- Timothy Fay, Vic Garces, Elvira ways, including an extensive exhibit on paign as the most effective campaign Embser-Herbert Darrow and a very popular “Clarence during the past year, was presented in Row 3: Brian Lake, Claire Stuckey, Craig Darrow Quote of the Day” featured in July at the Annual Meeting of the Olson, George Jackson, Edward Gale the Fredrikson & Byron Lobby of the American Association of Law Libraries Law Library. in San Antonio,Texas. several of the University of Minnesota’s The “March to a Million” celebration constitutional law experts, including “March to a Million” was a year-long provided the opportunity to acknowl- Professors Dale Carpenter, Guy-Uriel celebration that culminated in the edge that the University of Minnesota Charles, Miranda McGowan, and Faegre & Benson Symposium,“Law, Law Library’s collection stands among David McGowan. The papers of the Information and Freedom of the strongest collections in the country. Faegre & Benson Symposium were Expression,” and the presentation of In addition, the campaign highlighted published in the Minnesota Law Review the Law Library’s millionth volume, the many services the Library provides (May 2005). The Papers of Clarence Darrow, on to its constituencies, including faculty, October 22, 2004. The Papers of Clarence Darrow, acquired students, attorneys, and the general by the University of Minnesota Law public. Most importantly,“March to a The symposium featured many leading Library as its millionth volume, were Million” was planned to provide the constitutional law scholars: Frederick formally presented on October 22 by Library several opportunities to Schauer, John F.Kennedy School of Associate Dean Joan Howland and acknowledge the exceptional support Government, Harvard University; University of Minnesota Regent Frank of the Law School administration, fac- Daniel A. Farber, School of Law, Uni- Berman.The papers are the world’s ulty, students, and alumni. ● versity of California, Berkeley; Robert Post,Yale Law School; Lillian BeVier, In Memoriam Tribute Fatima Velagic University of Virginia School of Law; Law School accounts specialist Fatima Velagic passed away this sum- and Robert C. Berring, Jr., School of mer after being diagnosed with liver cancer in May. Velagic, who was Law, University of California, Berkeley. an attorney in Bosnia, started working at the Law School’s finance The symposium was enhanced by a office six years ago. Velagic’s friends and coworkers started a fund to panel consisting of Michael Hannon, raise money to help support her and her two sons—Vernes Velagic, a Class of 1997 (formerly of Duke Uni- sophomore at the University, and Veldan Velagic, a senior in high versity School of Law, and currently school—raising over $10,000 for the Fatima Velagic Trust at a July 20 Associate Director for Library and benefit that included an auction with items donated by faculty members, staff members and students. She is remembered and missed by Educational Technology at the Univer- everyone at the Law School. sity of Minnesota Law Library) and

Perspectives FALL 2005 45 COMMENCEMENT 2005 J.D. Class of 2005

LEFT: Debra Wallace with her son, Nicholas W. Wallace; CENTER: Joost van Hout, Abdi Abdulahi, and Nadege Reyhn; RIGHT: Professor Jean Gerval (Stanley V. Kinyon Clinic Teaching Award recipient), Dean Alex M. Johnson, Jr. and Professor Donald Marshall (Stanley V. Kinyon Teacher of the Year recipient)

LEFT: The Honorable Norm Coleman, United States Senator for Minnesota, delivered the 2005 Commencement Address. Pictured left to right: Regent Frank Berman, Provost and Dean Emeritus E. Thomas Sullivan, Senator Norm Coleman, Associate Dean Meredith McQuaid, Associate Dean Joan Howland. Aaron Knott delivered the 2005 J.D. Class Graduation Address. LL.M. Class of 2005

LEFT TO RIGHT: Ryan W. Scott, recipient of the Most Promising Lawyer Award and the William B. Lockhart Award for Excellence in Scholarship, Leadership, and Service; Aaron Knott, J.D. Graduation Address; Matthew C. Helland, Soloist; Nicholas L. Wallace, Law Council Representative presenting the Student Awards; Sara K. Sommarstrom, recipient of the Excellence in Public Service Award; and Muzikayise Motsa, LL.M. Graduation Address.

CENTER: Sasithron Sarutiangkul, Man Zhang, Aimei Xi, Deger Boden, and Silvia Ontaneda; RIGHT: Members of the J.D. Class of 2005. At the Law School

STATE TAX SYMPOSIUM On October 7, 2005, the University of Minnesota Law School joined the Tax Subcommittee and Minneapolis Lawyers Chapter of the Federalist Society for Law and Public Policy Studies in co-hosting a tax policy conference on state tax incentives for economic development. Organized by Professor Kristin Hickman with assistance from Associate Dean Jim Chen and Professor Myron Orfield, the conference highlighted issues raised by the case of Cuno v. Daimler- Chrysler Inc., in which the Sixth Circuit invalidated the state’s granting of an investment tax credit as violating the Dr. Arthur J. Rolnick of the Federal Reserve Bank of Minneapolis presenting at the “dormant commerce clause” of the conference. United States Constitution but upheld a local property tax exemption against a similar challenge. Most states, including Minnesota, utilize tax incentives, credits, or exemptions to attract businesses and jobs; and litigation alleging claims similar to those raised in the Cuno case is pending in Minnesota and elsewhere. Meanwhile, Congress is considering the Economic Development Act of 2005, which would expressly allow states to continue granting development-oriented tax incentives to businesses. Shortly before the conference, the United States Supreme Court granted certiorari in the Cuno case. A distinguished group of leading scholars from across the United Brannon P. Denning, Associate Professor of Law at Samford University’s Cumberland States—Peter Enrich, Walter Heller- School of Law joins the audience after his presentation. stein, Edward Zelinsky, Brannon Den- ning, Kirk Stark, Peter Fisher, and James Rogers—joined local experts Arthur Rolnick of the Minneapolis Federal Reserve Bank and Joel Michael of the Minnesota House Research Department, along with Kevin Thompson of the Council On State Taxation, to discuss Cuno and its implications, including the proposed federal legislation. The conference utilized the Law School’s new webcasting capacity to broadcast the event live to viewers all over the country. Essays from the tax policy Dr. Peter Fisher, University of Iowa, conference organizer Professor Kristin Hickman, conference will be published next University of Minnesota Law School and Professor Peter Enrich, Northeastern year in the Georgetown Journal of University School of Law. Law & Public Policy.

48 Perspectives FALL 2005 Thank you to all our 2005 Race for Justice sponsors

Perspectives FALL 2005 49 STUDENT PERSPECTIVE Our law students comprise a wide range of cultural, professional and educational backgrounds and are distinguished by their talent, creativity and commitment to humanity. Their varied backgrounds and interests encourage the development of ideas and provide a rich foundation for the study of law at the University of Minnesota. You will learn more about this interesting group of people in the following pages through profiles of members of the Class of 2006, a brief summary of the Human Rights Center’s Fellowship Programs, a spotlight on the Leonard Street and Deinard Foundation Scholarship, a brief summary of The Federalist Society student organization; and student scholarship pieces.

50 Perspectives FALL 2005 Student Perspective

❯Student Profiles

In depth look at three members of the Class of 2006 BY LESLIE A. WATSON

MATT KRUEGER Call to Renewal, a national, faith-based DIVYA RAMAN IKE MANY THIRD-YEAR LAW anti-poverty organization, and then as VER SINCE CANADIAN DIVYA students, Matt Krueger worries a legislative aide for Wisconsin Senator Raman was 17, the question has Labout finding a job after he fin- Alberta Darling. He arrived at law Enot been whether she should ishes school.With an eye-catching school torn between wanting to serve practice law, but when she could start. resume, including a current stint as people in need directly, and working as Her enthusiasm surprised her family, editor-in-chief of the Minnesota Law their advocate in some policy-related who expected to see her in a white lab Review, his anxiety seems a bit capacity. Not surprisingly, Krueger was coat, rather than something blue and unfounded at first glance. drawn to the intricacies of the law, and he now envisions a career interacting double-breasted.“My dad is a comput- But Krueger’s anx- with public law. He is also intrigued by er engineer, and my sister went to iety has nothing to faith-based initiatives and the constitu- medical school and now does research do with his tional and policy challenges they pres- in public health, and so it was a given employability, and ent.“As someone who has a passion that I would do something computer he is uninterested for seeing the church minister to these or science-related,” she says. But in the in exploiting his communities, and yet has some sophis- 12th grade, in the midst of physics and degree for maxi- tication working with government calculus classes, Raman took a voca- mum prestige or entities, I could maybe become a tional aptitude test that confirmed financial gain. Instead, Krueger is con- bridge between those two camps,” says what she had long suspected: science cerned about building a career that Krueger.“I’m not sure what it would was not her calling. Instead, the test somehow benefits others, without look like yet, but that would be a very suggested a strong aptitude for law, impairing his deep commitment to exciting role to play.” with business a close second.Then and his community, family, and faith.“My there, Raman began planning a career wife would say that I agonize over it a Krueger is acutely aware of the pres- in corporate law. lot, and it’s a constant dialogue,“ he sure that law school can exert on his Since that revela- says.“I know that at end of the day, I brand of idealism, and he knows that tory moment, want to do work that I find meaning- a challenging career can strain close Raman has ful.” For this thoughtful, contemplative connections to family and community. remained fixed on man, that sensibility seems less a “It’s a battle that I’m continuing to that goal. She youthfully idealistic cliché than a fight,” he admits. So far, Krueger is raced through her solemn promise. pleased with his career-related choices. He had a rewarding summer clerkship undergraduate In high school, Krueger experienced a at Covington & Burling, and views program at the dawning realization of the stark con- the chance to serve as editor-in-chief University of Ottawa in just two years, trast between his suburban Milwaukee as a great opportunity. But he worries completing a double major in Philoso- upbringing and the lives of disadvan- about the cumulative impact of the phy and English. (Because the Canadi- taged people.After his first year of col- small decisions he must make to an school system includes a 13th year lege, he volunteered for a program that accommodate his demanding of high school, an undergraduate serves families in need in the Chicago schedule. degree typically takes three years.) area.“The differences that the kids “It wasn’t a time when I was unsure faced, and the home lives they had, Still, Krueger remains hopeful that he about what I wanted to do,” says really shocked me,” he recalls,“and it will forge a fulfilling career that still Raman mildly. raised within me a strong sense of allows him to inhabit his own life.“If Barely pausing for breath, she immedi- stewardship.” Shortly after that, he nothing else, the skills that I’ve gained ately started law school and has been abandoned a business major and in everything that I’ve been involved speeding through her coursework, tak- switched to political science, with a in so far throughout law school have ing extra classes in the summer.The focus on the interplay between law been phenomenal,” he says.As for this result? Raman will finish law school a and public policy. next busy year, his goal is simple:“To finish the year with my marriage semester early, and will take the bar After graduation, Krueger worked for intact,” he laughs. exam this February. Having accepted

Perspectives FALL 2005 51 Student Perspective an offer from Briggs & Morgan P.A., “I was having problems with my leg,” that family apart,” he says.“The ability she will become a full-fledged, practic- he explains,“and it got to a point to stay neutral and do the right thing ing attorney at the advanced age of 22. where I realized that I’d rather walk within state law was really crucial.” Somehow, she has also found time to than play.”That eminently practical practice her commitment to pro bono decision, and the apparent lack of At his wife’s urging,Williams eventual- work by volunteering for various regret attached to it, seems consistent ly revisited his aspiration to attend law programs and co-teaching a Street for a pragmatist like Williams, whose school. He has been busy since he Law class at an alternative school in balanced perspective serves as his bal- arrived in Minnesota, serving on Law south Minneapolis. last as he moves through the world. and Inequality, participating in the Black Law Students Association, and Given her single-mindedness, it’s no Fortunately, welcoming his second child. He’s surprise that Raman has experienced Williams had no quick to chalk up his success at man- few doubts about her decision.“I shortage of career aging these demands to his incredibly briefly considered going to cooking alternatives, thanks supportive wife.“She’s a saint,” he says school before I started law school, to to his history of gratefully. the Cordon Bleu in Ottawa,” she academic achieve- recalls. She was drawn by the school’s ment. He attended This year,Williams is serving as the French style of cooking, with its Fresno State Uni- president of BLSA, and he looks for- emphasis on method and precision. versity on a football scholarship, but he ward to working on initiatives to “But I realized that I didn’t want to was a “student-athlete” in the fullest improve channels of access for African- work as a chef because it’s too sense.“I encountered a few raised eye- Americans interested in legal careers. high stress,” says the future lawyer brows when I had night classes and He sees many obstacles to achieving with a laugh. had to miss a practice, or had a lab that diversity goals, from the astronomical was in afternoon, since you were sup- Raman’s gift for making a plan and see- cost of a legal education to the limited posed to keep your afternoons free,” he ing it through has served her well, but it availability of part-time programs. He recalls.“The coaching staff doesn’t can sometimes interfere with simple also thinks that if law firms are serious mean to react like that, but the bottom pleasures. On vacations, she likes to fol- about promoting diversity, they should line is that their livelihood depends on low a detailed daily schedule, to the take a cue from their corporate coun- winning football games, and your not occasional disgruntlement of her com- terparts and develop recruiting pro- being around does not help them win panions.“And it happens on vacations grams that target high-achieving high football games.”Williams transcended that I never get to sleep in because I school and college students, and incor- that subtle resistance and was named always want to see the sunrise,”she porate them into the firm’s culture long an Academic All-American during his admits.“It’s the one thing that I don’t before they ever interview for a career senior year, much to the delight of get to do in my usual life because, position.While he is cautiously opti- FSU’s administration. although I’m up at that time, I’m not mistic about the future, he thinks it will just sitting to watch the sunrise.” After retiring from football, he be another generation before the pro- returned to Fresno and took a position fession achieves widespread diversity. With a busy career beckoning, with Child Protective Services as a Raman’s opportunities for sleeping in As for his personal career prospects, social worker.There he encountered or watching sunrises may be limited wrenching instances of abuse, neglect, Williams takes a characteristically level- for a while. But for someone who has and families gone horribly awry. For headed view.“Honestly, I haven’t been accomplished so much, so quickly, it’s him, the work underscored the need to in the practice of law yet, so I can’t say not hard to believe that if she makes take a neutral, balanced approach when how I’m going to react,” he says.“But either one a priority, it will happen.All becoming professionally involved in I’d like to think that with my back- she needs is a plan. other people’s lives.“The fact is, at that ground and the high intensity jobs that level, as workers, you can go above and I’ve had, I’ll be able to handle it.” ● PAYTON WILLIAMS beyond the call of duty to bring a fam- Leslie A. Watson is a freelance writer and a AYTON WILLIAMS CAME TO ily back together; you can go above 1999 graduate of the Law School. She can be law school already knowing a and beyond the call of duty to keep found online at www.thebusypen.com. Pthing or two about performing under pressure.As a defensive back in the NFL,Williams experienced per- formance expectations that few other careers ever demand. 1st He played for the Indianapolis Colts The University of Minnesota Law School was the first law school and the Pittsburgh Steelers from 2000 to 2002, and then briefly in Canada, to establish an international human rights internship program before giving up football for good (in 1976). because of the mounting physical toll.

52 Perspectives FALL 2005 Student Perspective

national elections. George Fordam Wara (Class of 2003) is working with the International Leadership Institute to protect the rights of street children in Kenya. University of Minnesota Human Not only have these Fellows made a significant contribution to the human Rights Center Offers Two rights organizations for which they worked, but their experiences will also Fellowship Programs better prepare them to address human rights issues in their home communities.The Human Rights Center would UPPER MIDWEST INTERNATIONAL Human Rights Documentation Centre like to thank the Otto Bremer Founda- HUMAN RIGHTS FELLOWSHIP (SAHRDC) in New Delhi, India. tion, the Mansfield Foundation, the PROGRAM Leonardo Filippini (Class of Laura J. Musser Fund, Samuel D. Heins, he Upper Midwest International 2004–05 Humphrey/Law Fellow) Allen and Linda Saeks, Chacké and Human Rights Fellowship Pro- had an internship with Juan Mendez, Stephen Scallen, Bill Tilton, and other Tgram encourages residents of the the Special Advisor to the U.N. Secre- individual donors for their generous Upper Midwest—including students, tary-General on the prevention of support of the Upper Midwest Fellow- teachers, lawyers, health professionals, genocide. Franklin Reed (Class of ship Program. For further information community leaders, and others—to 1994 and Adjunct Professor) worked about previous years’ Fellows, please undertake practical experiences/intern- in Kigali, Rwanda, on a micro-lending visit: http://www1.umn.edu/ human- ships in human rights organizations, program with Kingdom Oil and the rts/center/uppermidwest/index.html locally, nationally, and internationally. The Fellowship Program is designed to Over the past 16 years, the Human Rights Center has promote human rights by providing practical training in the varied aspects sponsored 300 interns and fellows to work with human of human rights work worldwide.The fellowship placement provides both training for the individual and assis- rights organizations in more than 70 countries and awards tance to the host organization, as well as fosters links between communities approximately 25 fellowship grants each year. in the Upper Midwest and human rights organizations around the world. Participants return with a stronger Great Lakes Regional Task Force to commitment to a lifetime of work in foster economic recovery for mothers INTERNATIONAL HUBERT H. human rights and contribute to bring- and their children who survived the HUMPHREY FELLOWSHIP ing human rights concerns home to 1994 genocide. David Johnson (Class PROGRAM communities in the Upper Midwest. of 2006) worked with the United he International Hubert H. Nations High Commissioner for Over the past 16 years, the Human Humphrey Fellowship Program Refugees Regional Office for the Rights Center has sponsored 300 Twas initiated in 1978 to honor United States and the Caribbean in interns and fellows to work with the late Senator and Vice President Washington, D.C. Jennifer Johnson human rights organizations in more Hubert H. Humphrey and his life-long (Class of 2006) worked with Ms. Bar- than 70 countries and awards approxi- commitment to international coopera- bara Frey, Human Rights Program mately 25 fellowship grants each year. tion and public service.The program Director at the Human Rights Pro- In 2005, the Human Right’s Center’s brings accomplished mid-career program of the University of Minnesota Upper Midwest Human Rights Fel- fessionals from designated developing Institute for Global Studies; and trav- lowship Program awarded grants to 28 nations and emerging democracies to eled to Belfast and London to research individuals committed to the promo- the United States for a year of profes- notions of self-defense in international tion of human rights. Many of the sional development and related aca- law, thereby assisting Ms. Frey’s work applicants demonstrated their interest demic study and cultural exchange. on a report to the U.N. Sub-Commis- in law as it relates to human rights, and This people-to-people approach to sion on the Promotion and Protection several of the selected Fellows are stu- international understanding provides a of Human Rights. Mara Michaletz dents, alumni, and faculty from the basis for lasting ties between U.S. citi- (Class of 2006) spent her summer in University of Minnesota Law School. zens and their professional counterparts Atlanta, Georgia, working with the in other countries and strengthens the Our fellows have worked in a variety Voting Rights Project, helping Ameri- global exchange of knowledge and of settings. Elizabeth Braun (Class of can Indians in North and South Dako- experience that is essential to a sustain- 2006) worked with the South Asian ta secure a real voice in local, state, and able world. Perspectives FALL 2005 53 Student Perspective

Fellowships are granted competitively ❯ to mid-career professionals with a Student Organization Spotlight commitment to public service. The program is sponsored by the United States Department of State and is administered by the Institute of International Education (IIE), which The Federalist Society assigns Fellows to a host university based upon each Fellow’s interests and The Federalist Society Continues to Foster Debate needs. This year’s program includes 165 Fellows from 70 countries, being at the Law School hosted by 15 universities throughout The Federalist Society’s speaker lineup the United States. HE FEDERALIST SOCIETY, A national coalition of conservative included lectures from Judge Michael In 2005–06, sixteen Humphrey Fel- Tand libertarian lawyers, law stu- McConnnell, United States Court of lows are being hosted by the Universi- dents, and law professors, seeks to pro- Appeals for the Tenth Circuit, on “Dis- ty of Minnesota Law School, the mote intellectual diversity in the legal establishment of Religion at the Human Rights Center, and the academy.To this end, the society pro- Founding,” and Robert P.George of Humphrey Institute to pursue studies duces a number of publications, and Princeton University, whose speech and professional development work in sponsors lectures and debates around was entitled “The Clash of Orthodox- the areas of public administration, law, the country on the most important ies: Liberalism, Religion & Public and human rights. legal issues.The society also provides a Reason.” Both spoke to capacity audi- network through which conservatives ences.Their presentations were co- The sixteen International Humphrey sponsored by the MacLaurin Institute. Fellows for this year are: Jorge Luis and libertarians can share ideas and Caceres Neyra (Peru); Sadanand opportunities in the legal profession. The student chapter also scored a Date (India); Fatimata Diakite The local student chapter at the Law major coup when it hosted Dana (Niger); Sarath Jayamanne (Sri School had a successful last year, host- Berliner of the Institute for Justice, Lanka); Sanjay Kundu (India); Punt- ing provocative lectures and debates. plaintiffs’ counsel of record in the land- heara Lay (Cambodia); Alexandra Attendance at Federalist Society events mark eminent domain case Kelo v.New Medina (Philippines); Rattana Non- ranged from 20–275 persons, and often London, for a debate on the meaning of tapattamadul (Thailand); Sharad included members of the Law School “public use” under the Takings Clause Paudel (Nepal); Dragan Paunovic faculty. of the Fifth Amendment.The event, (Serbia & Montenegro); Adrianna held two days after oral arguments, also Rizzotta (Brazil); Chittaphone San- Phyllis Schlafly, who spoke last year to featured local attorney John Baker, of tavasy (Laos); Sonam Topgay a packed audience in room 50, kicked Greene Espel, PLLP,who provided a (Bhutan); Truong Tung (Vietnam); off our fall events in a lecture entitled: spirited defense of a municipality’s Florien Uzuzemwaho (Rwanda); “The Supremacists: Responding to right to use eminent domain for pur- Youping Zhang (China).The Fellows Judicial Activism.”A major opponent poses of private economic develop- are studying such topics as Alternative of the Equal Rights Amendment in ment. Needless to say, the debate will Dispute Resolution and Conflict the 1970s and 1980s, Ms. Schlafly, now continue on this important and hot- Mediation, Children’s and Women’s 80, responded to very good student button issue. questions with skill and grace. Rights, Civic Education and Engage- For more information on the student ment, Criminal Procedure, Employ- Another highlight from last year was a chapter of the Federalist Society, con- ment Law, Global Citizenship and panel “Islamic Law and Democracy: tact chapter president Jason Adkins at International Ethics, Intellectual Promise or Peril,” featuring David F. [email protected] society also Property Law, International Business Forte, Professor of Law at Cleveland has a Twin Cities Lawyers’ Division for Transactions, and International State University and advisor to both practicing attorneys. Contact Kimberly Human Rights. the Bush Administration and the Vati- Crockett at kimberlycrockett@ The Law School, the Human Rights can.The Law School’s own adjunct mchsi.com for more information on Center, the Humphrey Institute, and Professor Abdi Sheikhosman was also a the Division’s activities. ● panelist.The provocative event was the University of Minnesota are work- By Jason Adkins, Class of 2006. ing together to fulfill the program attended by students from across the goals for each of the Fellows. Collabo- University campus. ration among University faculty, alumni, an extensive network of affiliated professionals, host families, and the Fel- 1st lows creates an extraordinary environment for cross-cultural learning. ● The University of Minnesota Law School was the first library in the nation to install a computer lab for students (in 1981).

54 Perspectives FALL 2005 Student Perspective ❯ Scholarship Spotlight Charitable gifts from alumni and friends of the Law School are moving the University of The Leonard, Street and Deinard Minnesota Law School forward. Endowed scholarships Foundation Scholarship originate with gifts of $25,000 or more. Such gifts have EONARD, STREET AND In 2001 a second and complementary Deinard, one of Minnesota’s fund was conceived to support the unequalled value in improving Llargest and oldest law firms, gen- Leonard, Street and Deinard erously supports two scholarship funds Foundation Scholarship. It provides the Law School’s future and at the Law School. Law School repre- three $10,000 scholarships per year, to the lives of individual students, sentatives also are privileged to be a first-, second-, and third-year student. included in a very special annual din- The Leonard, Street and Deinard alumni and society for years to Foundation contributes, and the Law ner celebrating the achievements of come. Endowing named Leonard, Street and Deinard Minority School expends, the full amount every Scholars from all four of the Twin year. Selection considerations include, scholarships also provides Cities law schools. but are not limited to, students with demonstrated leadership qualities, stu- donors and the Law School “The Leonard, Street and Deinard with a means to inspire others Foundation Scholarship plugged me in to to engage in important philan- the Minneapolis legal community which thropy. Many donors choose to perpetuate the memory gave me a head start in ultimately finding and good works of loved ones a summer job. Leonard, Street and Deinard or esteemed colleagues in this forms a close, ongoing relationship with manner. Such investments are its Scholars that begins before the first day of law school and tax-deductible as charitable continues through commencement. The generous financial gifts and may be made assistance of the Scholarship was also a major factor in my through gifts of cash, property decision to attend the University of Minnesota Law School. In or other assets, or through essence, the Scholarship helps the Minneapolis area recruit charitable trusts or bequests. law students and retain their talent in the Twin Cities legal Currently, the University of community upon graduation.” Minnesota President’s Scholar- —John R. Brennan, Class of 2007 ship Match Program will dou- Leonard, Street and ble the impact of a gift of The first dents of color, and students who wish Deinard Scholarship at the Univer- to practice law in Minnesota. $25,000 or more to a new or sity of Minnesota Law School was established in 1969 and particularly Leonard, Street and Deinard was existing endowed scholarship founded in 1922; the firm is equally honors Amos S. and Benedict S. fund by matching the payout Deinard, both graduates of the Class of well known for its illustrious profes- 1921.The income from this endow- sional reputation and its deeply rooted amount. The program, ment fund has benefited 35 students commitment to improving the lives of throughout its important history. In disadvantaged citizens.The Law School announced in summer 2004, is addition, the fund supports a $1,000 enjoys a many-faceted partnership with in effect until matching funds award for distinguished legal publica- Leonard, Street and Deinard—and tion, presented each year at the Min- profoundly appreciates each aspect of are exhausted. nesota Law Review Banquet. that partnership. ●

Perspectives FALL 2005 55 Student Perspective

❯Student Scholarship

China’s Economic and Political Clout Grows in Latin America at the Expense of U.S. Interests

BY JUAN VEGA, CLASS OF 2006

MAGINE A SITUATION WHERE Juan Vega graduated from Virginia Tech in 1994 and earned an M.B.A. from the China invades Taiwan and the United University of Florida in 2002. He worked in the electronic-security industry for States moves to protect Taiwan. China nine years, focusing on Latin America and the Caribbean. He provided consulting would call on President Chavez of I services to police departments, militaries, seaports, and airports. In the late Venezuela and others to impose a Latin American oil embargo on the United 1970s, he and his family escaped communist Nicaragua and relocated to States.They would comply. Latin Ameri- Arlington, Virginia. In the summer of 2005, Mr. Vega worked as a Legal Intern on can countries may eventually be econom- ically attached to China and may not be the Committee on International Relations at the U.S. House of Representatives. able to defy China. Indeed, changing pub- He presented his Note to staff attorneys from various committees and subcommittees, including the Energy lic opinion might make it easier for these and Commerce Committee. He also met with policy analysts at various think tanks, such as the Heritage countries to comply with such a request. In a recent international poll, communist Foundation and Atlas Economic Research Foundation. For further information please contact Mr. Vega at China is viewed more favorably than the [email protected]. For a reprint of the article, please contact the Minnesta Journal of International Law at United States. (http://pewglobal.org). [email protected]. The current and future administrations, as well as members of Congress, must see • China is stealthily using its economic necessary infrastructure (railroads, high- the big picture—national security impli- strength to further its world-wide ways, and bridges) to secure oil and cations regarding the supply of region- interests. For example, it is forcing other commodities. al oil.As China increases and solidifies Latin American countries to not recog- • China’s record on human rights is economic ties to the region and secures nize Taiwan by threatening to invest deplorable but the world continues to oil, minerals, and other commodities, it elsewhere. give it a free pass.This is evidenced by gains economic and political influence at • China is creating military alliances in France and other European countries the expense of U.S. interests. If Chinese the region by hosting joint military wanting to lift the ban on selling cer- economic power surpasses that of the exercises with the Venezuelan military tain high-technology weapons to United States, Latin American countries and the militaries of other countries.As China. It would be a most hideous out- may no longer feel the need to cooperate Latin American military leaders travel rage if the United States was to commit with U.S. initiatives in trade, human to China, young military officers are the same human rights atrocities on its rights, antinarcotics, environmental safe- forming bonds and relationships with citizens and also impose unreasonable guards, and U.S. national security. If the their Chinese counterparts. Further- journalistic restrictions. On the interna- United States does not counter China’s more, China has established a presence tional front, China has created road activities, China may eventually form eco- in the Panama Canal and it now con- blocks in the United Nations with nomic satellite countries in Latin Ameri- trols both major ports—ports through regards to Sudan and Iran because it has ca, that would have no choice but to side which U.S. nuclear submarines and oil lucrative natural gas and oil deals with with China in the event of a conflict with tankers pass. Chinese military personnel those countries. China does not care the United States. Recent trends in the and communication experts have about human rights at home nor will it region suggest a foundation for such a moved into the Cuban base from care about them in Latin America. scenario. where the former Soviet Union inter- The United States can counter China’s • The social conditions in Latin America cepted U.S. military communication. growing influence in the region by having are deteriorating. Labor groups, • China is the number two consumer of a free-trade hemisphere.When I wrote indigenous groups, and unions con- oil in the world and it is driving up its my Note in the fall of 2004, the Free stantly demonstrate and force presidents price. It is making deals with politicians Trade Area of the Americas (“FTAA”) did to resign.There is an increase in the and securing oil for itself in Venezuela, not have momentum and I recommended number of left-leaning leaders, such as Ecuador, and Mexico.These are not just shelving it until three policies were imple- Chavez in Venezuela and Lula in long-term purchasing contracts, but mented. Now that there is more momen- Brazil.These leaders are eager to find actual joint partnerships with local gov- tum and that there will be too much an alternative to dealing with the Unit- ernments and companies for the extrac- political damage to delay it, the United ed States and they foment anti-Ameri- tion, distribution, and transportation of States must implement these three recom- can sentiment. oil. China is funding and building the mendations or else the FTAA will fail,

56 Perspectives FALL 2005 Student Perspective and with it, the chance to counter China’s ing subsidies and import restrictions. For work, within which the United States influence.The United States should: example, one characteristic of the Agree- wants to negotiate, clearly provides the ment is that it converts non-tariff barriers United States with an unfair competitive 1) Establish country-specific to tariffs, while prohibiting further non- advantage which Latin American coun- consultative committees. tariff barriers. Developed countries evaded tries recognize. If the United States insists these objectives by setting of tariff equiva- on installing the Agreement as the legal These consultative committees would lents for non-tariff barriers at an exces- framework for the FTAA, key players such comprise citizens of the United States and sively high level. In essence, they created as Brazil and Argentina will not join the each Latin American country. Members tariff equivalents with higher levels of FTAA and ultimately the FTAA will not would analyze each sector of that particu- protection than under the old system of be formed. lar country’s economy, share information quotas and variable import levies. with other country groups, and imple- The refusal of the United States to open ment social policies that address potential Another way that the Agreement benefits its markets to Latin American agricultural stumbling blocks that create short-term agricultural producers in developed coun- products is the major stumbling block to pains. By addressing issues such as worker tries is by allowing them to pick and the creation of the FTAA and it brings retraining, transportation, short-term choose which tariffs to reduce. Naturally, Latin America closer to China. China has housing/displacement benefits, and others, developed countries made large tariff to feed 1.5 billion people and is eager to they can reduce the occurrence of disrup- reductions on items that were not pro- buy what Latin America has to sell, espe- tive violent demonstration and strikes that duced domestically. Developed countries cially oil.There is a rise of leftist, anti- lead to the wavering of Latin American were also able to use the Agreement’s spe- American presidents in Latin America politicians. cial safeguard provision.This allowed them who have vowed to nationalize the petro- to impose additional duties in the event of leum industry. China is securing for itself an import surge or of particularly low regional oil, which the United States des- 2) Develop Latin American prices compared with 1986–88 levels.The perately needs.The current administration Infrastructure developed countries would then set the and members of Congress cannot afford The United States should do this, not nec- trigger prices far above this average.This to not connect the dots. essarily out of goodness of its heart, but for safeguard provision, though, is not avail- Thus far, analysts and scholars have failed selfish reasons. China, for example, seeks able to most developing countries. It is to connect these dots and appear to be agricultural goods from Brazil and available only to those countries that his- oblivious to this potentially volatile situa- Argentina and copper from Chile. In fur- torically engaged in “tariffication” (those tion. In April of 2005 the House Sub- therance of this goal, it will build a railroad that converted all their non-tariff barriers committee on the Western Hemisphere from Brazil to the Pacific coast of Chile. In to tariffs). held a hearing entitled China’s Influence in the process, it will create jobs, trading the Western Hemisphere. None of the pan- posts, and communities and bring The Agreement does not prohibit the use of export subsidies in the agricultural sec- elist noted these critical points.The Con- telecommunications, electricity, and drink- gressional Research Service did not men- ing water.The railroad will create the nec- tor. Developed countries are able to use export subsidies to their advantage over tion these points in its May 2005 publica- essary infrastructure to allow Brazilians, tion entitled China-US Relations: Current Argentines, and Chileans in these remote developing countries because developed countries have historically subsidized agri- Issues and Implications for US Policy.The regions to help themselves grow, prosper, United States-China Economic and Security and escape poverty. China will bring eco- cultural production, whereas developing countries have historically needed to tax Review Commission did not address these nomic opportunity to the region in its points in its yearly report to Congress. quest to secure oil and other goods. the agricultural sector. In fact, only twenty-five out of 135 countries have the right Constant squabbles on Capitol Hill about to subsidize exports.With regards to protecting U.S. sugar growers is further 3) Agricultural subsidies domestic subsidies, the Agreement evidence that politicians do not realize the The United States cannot protect its sugar requires countries to reduce them.The magnitude of this potentially devastating growers, its textile industry, and other Agreement requires countries to reduce scenario. industries while demanding free trade. domestic subsidies based on an Aggregate When the stakes are this high—China Latin American leaders have already Measure of Support (AMS), but the developing economic satellite countries in expressed their disdain under the same Agreement also exempts many of the sub- Latin America—the situation must be breath as praising China.The United sidies traditionally utilized by developed addressed at the national security level. States is resolute about maintaining agri- countries. The WTO Agreement on Agriculture and cultural subsidies off the FTAA negotiat- The Farm Bill (Pub. L. 107–171), which the Farm Bill should be revisited with ● ing table, insisting that it be addressed provides certain subsidies, introduces national security implications in mind. only through the World Trade Organiza- counter-cyclical payments.These pay- FOOTNOTES tion Agriculture Agreement (“Agree- ments are controversial because the Unit- ment”).1 If members of Congress see the big 1. Available at http://www.wto.org/english/tratop_e/ ed States claims that counter-cyclical pay- agric_e/agric_e.htm picture, they would realize that there is more at ments fall under the “green box” exemp- stake than trade. tion since the money is not linked to A closer examination of the Agreement is what the farmers grow, nor to how much in order.The WTO legal framework is they grow. Critics argue that counter- extremely beneficial only to developed cyclical payments should not be exempt countries.Although the goal of the because they are indeed linked to produc- Agreement is to liberalize agricultural tion because counter-cyclical payments trade, the Agreement has enabled devel- affect the fair price that farmers should be oped countries to maintain trade-distort- able to obtain.The WTO legal frame-

Perspectives FALL 2005 57 Student Perspective

❯Student Scholarship

Minnesota Rails-to-Trails on the Line in State v.Hess

BY KARLA VEHRS, CLASS OF 2006

N 1898, THOMAS AND HARRIET Karla Vehrs graduated from the University of Wisconsin-Madison in 2002 with a Walker,1 along with W.T. and Clotilde B.A. in German and International Relations. Following undergraduate, she spent Joyce, granted a tract of land to be a year in Bonn, Germany as a fellow of UW-Madison, taking coursework in Russ- Iused as a “right-of-way” for a new railroad through part of northern Min- ian and Political Science. In her second year of law school, Ms. Vehrs volunteered nesota.The corridor remained active until as an intern for Minnesota Advocates for Human Rights, where she successfully 1985, when its owner discontinued serv- represented a family of six from Kenya, enabling them to avoid deportation on ice on the route. In 1991, the State of Minnesota acquired title to the corridor technical grounds. In the summer of 2005, Ms. Vehrs was a summer associate and opened the Paul Bunyan State Trail. with the Minneapolis law firm of Lindquist & Vennum, where she plans to return after she graduates next As a recreational trail, the land is now spring. As a 3L, Ms. Vehrs is serving as Symposium Editor of the Minnesota Law Review, for which she used primarily for hiking, cycling, in-line skating, and snowmobiling. recently planned the journal’s 2005 symposium, “The Future of the Supreme Court: Institutional Reform and In 1998, two landowners with property Beyond.”Ms. Vehrs can be contacted at [email protected]; reprints of the article are available by contact- abutting the strip of land began to block- ing the Minnesota Law Review at [email protected]. ade the trail, intending to build a private driveway along the former rail line.The by 1916 that number had grown to specified for a land conveyance.“A ‘deter- DNR intervened in 2002, filing suit 254,000 miles.2 As the industrial era blos- minable fee’ is a fee-simple estate to a per- against the two property owners and somed and the nation’s border pushed son and his heirs, with a qualification obtaining a temporary injunction.Two westward, railroads provided affordable annexed providing that it must terminate years later, the Minnesota Supreme Court and efficient access to places not reach- whenever the qualification is at an end.” issued its decision on the matter in State v. able by waterway. Railroad companies An easement, on the other hand,“is a Hess, finding that the deed granted a fee acquired much of their land at first right to make use of the land of another simple determinable and that a state prop- through congressional grants of private for some definite and limited purpose or erty statute had thus extinguished the pri- condemnation authority, purchased other purposes.”4 vate property owners’ interest in the cor- tracts from private landowners, and won Two main reasons exist for the difficulties ridor.While perhaps laudable for trails much of the remainder from holdout that courts face in deciding what type of enthusiasts, the court’s reasoning and out- property owners through “formal con- come create a dilemma for future dis- demnation proceedings.”The result was a property interest a deed conveyed to rail- putes. Courts may now be forced either to haphazard set of conveyances and interests roads. First, state laws supply the substan- follow the mistaken Hess reasoning or to with a wide variety of granting language tive standards that courts must use in conform to the necessary original intent and intentions, covering 272,000 miles of interpreting railroad conveyances or any of grantors, creating the possibility that rail lines by the peak of the railroad other property law issues. Because state individuals will be deprived of the real boom in 1920.3 laws vary greatly, the result has been property that should lawfully belong to widespread “diversity of treatment of such B. General Principles for them.As a result, the State of Minnesota cases.” Second, due to the nature and Interpreting Railroad Deeds should consider revisiting Hess and use it speed with which many thousands of to begin an examination of the legal issues Disputes about the nature and scope of miles of railroad rights-of-way were presented by old railroad deeds and the the property interests acquired by railroads pieced together, such deeds often differ unique public and private interests inher- arise today in rails-to-trails cases, utility significantly in their choice of language ent to them today. easement challenges, and other quiet title and detail.The most important universal actions in which surrounding landowners principle for interpreting deeds, however, I. Background seek a determination that they are the dictates that courts first “look to the deed rightful titleholders to such lands.The to ascertain and give effect to the inten- A. A Brief History of Railroads in types of land interests and rights estab- tion of the parties to the instrument.” the United States lished through railroad deeds range from Because courts must necessarily interpret From the mid-nineteenth through the fee simple absolute to easements. Courts the intent of old deeds that relied upon early twentieth centuries, railroads in the have most commonly found railroads’ land the contemporaneous state of the law, United States grew and developed rapid- interests to consist of either a fee simple “settled rules of construction should have ly. In 1830, there were only twenty-three determinable or an easement, which often more weight than a court’s conjecture as miles of railway in the United States, but appear very similar when a purpose is to the intent of the parties.”

58 Perspectives FALL 2005 Student Perspective

C. Minnesota Cases Interpreting remains imperative that courts evaluate state’s purported ownership of rail-trails. Railroad Conveyances each deed individually to discern the By working so hard to distinguish the ele- Four main Minnesota cases addressed original parties’ intent. Nevertheless, an ments in Hess from past precedent, the right-of-way conveyances to railroad examination of various deed elements only principle likely to be of use in future companies prior to Hess. First, Chambers v. mentioned in Norton and Zahner as com- cases is the well-established rule of inter- Great Northern Power Co., decided in 1907, pared with their treatment in Hess reveals pretation that “[t]o determine the nature held that “[t]he language employed… that the supposed intent of the original of the conveyance at issue, we look to the clearly imports that a mere easement was grantors in Hess cannot be easily recon- deed to ascertain and give effect to the granted for so long a time as the land ciled with the intent afforded to similarly intention of the parties to the instru- should be occupied and used for the pur- situated grantors in Norton and Zahner. ment.”The results may range from pose of operating a railroad.”The Min- Regardless of whether one believes that unforeseeable litigation costs for the state nesota Supreme Court then decided Nor- Norton and Zahner were decided correctly, at best, to a mandated and prohibitively ton v.Duluth Transfer Railway Co. in 1915, their precedent is of undeniable value in expensive compensation regime for abut- which held that the deed created an ease- forming a clearer picture of how the law ting landowners at worst. Indeed, the ment and noted factors such as “so long of railroad deeds was understood in that overwhelming cost of reimbursing as” in the granting clause, the width of the time period. In addition, analysis of vari- landowners would likely shut down the strip, the purpose for the grant, and the ous unique elements of the Hess deed as trails permanently. absence of “forever” in the habendum compared with treatment of those subjects clause.The third case, Chicago Great West- in contemporaneous property treatises Conclusion ern Railroad Co. v.Zahner, decided in 1920, points to the conclusion that the original State v.Hess succeeded in holding the Paul held that “[w]ithin the principle of our grantors most likely intended to create Bunyan State Trail together for now, holdings there was no intent to grant a an easement. drawing significant praise from many cor- fee, but an intent to grant a railroad right- Though claiming to be consistent with ners of the press and public. However, to of-way easement, which would revert precedent, the Minnesota Supreme the extent the Minnesota Supreme Court upon abandonment.”The final case, State Court’s examination of the deed, the sur- hoped to save the Paul Bunyan State Trail by Washington Wildlife Preservation, Inc. v. rounding circumstances, and relevant case and shield the State’s recreational trails State, avoided the question altogether and law reveal a clear policy preference in from similar attacks in the future, its held that, regardless of what interests were favor of the trail.The court analyzed ele- analysis and reasoning may actually dis- created in the railroad, the original lan- ments of the deed capable of interpreta- serve the public policy it seeks to protect. guage was broad enough to allow for tion as a fee simple determinable and dis- The court’s decision will likely have the application of the so-called shifting public tinguished them from similar analysis in unforeseen effect of encouraging greater uses doctrine:“[u]se of the right-of-way as precedent cases by discrediting the prece- property dispute litigation, while at the a recreational trail is consistent with the dent as incomplete and uninformed. In same time leaving the State’s courts with purpose for which the easement was addition, the court adopted a myopic few answers to the problems presented in originally acquired, public travel, and it view of external circumstances to deter- such cases. By examining the parties’ orig- imposes no additional burden on the mine that the parties intended to create a inal intent but reaching different conclu- servient estates.” fee simple determinable rather than an sions on nearly all factors than contempo- easement.A closer look at precedent, the raneous cases or property law doctrines II. Holding of State v. Hess language of the deed, and the surrounding would instruct, the court created a legal The Minnesota Supreme Court in State v. facts reveals that the court misinterpreted void. It did not overrule Norton and Zahn- Hess analyzed whether the 1898 deed the original intent of the 1898 deed and er, yet strayed too far from such case law from the Walkers and Joyces to the rail- arrived at the wrong legal conclusion. to afford lower courts any sound notion road company created a fee simple deter- While this outcome may have served an of how to interpret similar deeds in the minable or an easement. Because no Min- important public interest in saving the future. nesota case has established a uniform Paul Bunyan State Trail, the court’s devia- A more desirable approach would have summary of the principles with which to tion from settled law is troubling and will been the presentation of a principled set evaluate disputes concerning old railroad likely have the unforeseen effect of forc- of guidelines with which to evaluate conveyances, the court undertook an ing courts in future cases either to decide future rails-to-trails cases or, alternatively, examination of several elements within in favor of the original parties’ intent or an honest acknowledgement of a public and without the 1898 deed.The court to follow its Hess ruling. policy preference.At this time, though, it ultimately reached the conclusion that the is vital to the future of Minnesota’s trail railroad, and thus the DNR, received a fee IV. Consequences of the system that the State’s legislature take up simple determinable to the corridor, and Court’s Interpretation the issue and examine creative solutions that the failure of the abutting landowners While the Minnesota Supreme Court for such cases.As the nation’s leader in to record their possibility of reverter in succeeded in holding the Paul Bunyan rails-trails, Minnesota is now at an oppor- the property resulted in that interest State Trail together in State v.Hess, the tune juncture to pave the way for unique being extinguished under the Marketable long-term effect of its analysis will be to responses to the growing cost of rails-to- Title Act. send a message to the state’s landowners trails litigation. and courts that deed interpretation need As our standard of living grows ever more III. The Court Misconstrued the not rely on settled law, and that the out- comfortable and individuals are increas- Original Parties’ Intent come of a case may well depend on the ingly able to choose greater recreation However willing landowners may or may public policy preferences of a given judge. time over more work, the demand for not have been at the end of the nine- This will do little to prevent countless scenic and historic trails will only contin- teenth century to grant a fee simple landowners from retrieving the old deeds ue to increase.“[G]eneration Xers have determinable for a railroad right-of-way, it relevant to their lands and challenging the certain expectations…to have a large

Perspectives FALL 2005 59 Student Perspective amount of free time.They don’t want to be workaholics…And what do they want to do with that free time? They’re going to spend it at the Y[MCA].They’re going to spend it on the bike paths.”5 At the ORDER OF THE COIF same time, however, old deeds and claims to title will continue to be brought for- 2005 ward and into the courts, inevitably neces- sitating a more principled approach to adjudicating competing interests. Conse- Collette Adkins-Giese quently, Minnesota and other states should consider this big picture and search for Katherine Bennett innovative alternatives that reconcile legitimate public and private interests in for- Joshua Bleet mer railroad rights-of-way. ● Michael Casper FOOTNOTES 1. Thomas Walker was born in 1840 in Ohio and came Elizabeth Crouse to Minnesota in 1862. State v. Hess, 684 N.W.2d 414, 417 n.1 (Minn. 2004). Walker purchased vast Joseph Devlin acres of pinelands and later opened lumber mills in Erin Emmons various locations including Crookston, Minnesota. Id. Throughout his life, Walker kept a valuable art Jennifer Fischer collection, which later formed the beginnings of the well-known Walker Art Center in Minneapolis. Id. Christopher Geise 2. PBS AM. ESPERIENCE, STREAMLINERS: AMERICA’S LOST TRAINS, Britt Gilbertson at http://www.pbs.org/wgbh/amex/ streamliners/timeline/index.html (last visited Dec. Jacy Jasmer 22, 2004). 3. See Preseault v. ICC, 494 U.S. 1, 5 (1990). Victor Jonas 4. WILLIAM F. WALSH, A TREATISE ON THE LAW OF PROPERTY § John Kelly 282 (2d ed. 1937). 5. Jonathan Roos, City Views Super-Y as Major Draw, Maribeth Klein DES MOINES REG., May 15, 2000, at 1B. Stuart McFarland Sarah McLaren Ryan Miske 1st Nathan Nelson The University of Minnesota Harry Niska Douglas Peters Law School was one of the Meghan Ryan first law schools to require Ryan Scott Hannah Stein training not only in the Patrick Stura theory of law but also in its David Weber practice. The Law School Anne Whiting Chad Wickman has devoted more time to Alex Yap trial practice than most other law schools in the

60 Perspectives FALL 2005 ALUMNI PERSPECTIVE Alumni involvement is a hall- mark of a great law school, and the Law School’s graduates are our greatest resource. Our alumni play a vital role in the success of the Law School by providing support that makes it possible for us to offer a diversity of valuable programs and services, and by serving as role models and leaders for the current generation of students. Our graduates have blazed paths of excellence in a wide variety of areas including law, public policy, and business. We strive to connect alumni with each other and the Law School through intellectual and social events, reunions, and volunteer activities. In this issue, you will find a piece about our new partnership with the University of Minnesota Alumni Asso- ciation; profiles of distinguished alumni; memorials to several notable alumni who have passed away; and the customary Class Notes section. A calendar is included on the back of the magazine to inform you of upcoming events at the Law School. ABOVE: Alumni and friends enjoy the Golden Gophers’ Homecoming victory on September 24, 2005 with Dean Alex M. Johnson, Jr.

Perspectives FALL 2005 61 Alumni Perspective

❯ Although the occupation isn’t clear, Distinguished Alumni Profiles Erickson is confident the road will someday lead home.“I’ve always said I’d return to South Dakota,”Erickson said. SUSAN GAERTNER CLASS OF 1980 N COLLEGE, IT DIDN’T APPEAR Susan Gaertner’s career would Ibecome intertwined with science. The only undergraduate class she completed in the area was called “Physics for Poets.” However, in 1989, while working as an assistant county attorney in St. Paul, Minnesota, she became the first lawyer in the state to present DNA evidence to a jury.The data pinpointed the identity of a suspect in the rape and strangulation of a 17-year-old murder victim and resulted in a conviction. JANET ERICKSON JANET ERICKSON Five years later, she was elected Ram- CLASS OF 1995 sey County Attorney.Today, she’s a legislation and reviews court cases, nationally recognized legal expert on FTER GRADUATING FROM including U.S. Supreme Court deci- DNA evidence, having co-authored the University of Minnesota sions, involving laws that outline the the National District Attorneys Associ- ALaw School in 1995, Janet government’s relationship with the 563 ation (NDAA) policy statement on the Erickson worked for a Minneapolis federally recognized tribes. subject.“It’s an area where you have to firm specializing in Indian legal affairs. keep learning every day,” she said. It seemed like a natural fit. For the past several decades, tribes have more successfully exercised their sover- As a member of the Sisseton-Wah- eignty to the benefit of their members peton Sioux tribe in South Dakota, and the surrounding communities.This Erickson had insight into many of the needs to continue, she said. challenges facing Indian Country.And she was passionate about improving the One important matter that Erickson lives of people. works on is criminal justice in Indian country.“We are looking at ways to In private practice, Erickson could help enhance tribal jurisdiction” in criminal individual tribes, but she couldn’t impact government policy toward the matters, Erickson said.That may 3.1 million people who are members include more tribal authority in of American Indian or native Alaskan regards to homeland security and laws tribes.That’s why Erickson felt the pull involving violence against women. of the Beltway.“I knew I wanted to Ask Erickson what she plans to do come to Washington, D.C.,” she said. next and she erupts in laughter.“I have SUSAN GAERTNER In 1999, Erickson was appointed as no idea,” she said.“That’s the big ques- Democratic staff counsel with the U.S. tion. I enjoy my job, but I don’t see In 2001, Gaertner ordered a compre- Senate Indian Affairs Committee.“This myself in D.C. long-term.” hensive review of past convictions—a is where it all starts,” she said.“What The Sisseton-Wahpeton Sioux have total of 116 cases—in which DNA happens in Washington, D.C. affects all tried to woo her back to the Lake Tra- evidence could determine guilt or of Indian country.We need someone verse reservation in northeast South innocence. One man who had been here who understands the cultural Dakota. Erickson is committed to convicted of rape was exonerated as a result of the DNA project. impact of drafting Federal laws.” going home to work for the Sisseton- Senator Bryon Dorgan (D-North Wahpeton Sioux Tribe, but not neces- “There is no justice if an innocent per- Dakota) serves as the ranking Democrat sarily as an attorney. She’s confident son is behind bars,”Gaertner said.“It’s on the committee. In her role as legal that there are other ways to make a just as important to convict the right counsel, Erickson writes statements and contribution to her tribe and Indian person as it is to get a conviction. DNA policy briefs for Dorgan. She also drafts country. is a unique check on the system.”

62 Perspectives FALL 2005 Alumni Perspective

As the county’s top prosecutor, Gaert- about advocating tough sen- ner initiated a prosecution unit that tences for those convicted of focuses on domestic assaults where crimes. children are present.A partnership “I believe in accountability,” he with the St. Paul City Attorney’s said.“Very rarely do we prose- Office, the unit handles all domestic cute drug users [in federal abuse cases—from misdemeanors to court].We prosecute dealers felonies.With this cross-jurisdictional who have made conscious approach, cases are now three times choices to break the law.” more likely to result in a felony conviction, according to a university study. But Heffelfinger also understands that arrests and convic- Gaertner also started a truancy pro- tions alone won’t solve Ameri- gram that intervenes with students TOM HEFFELFINGER ca’s crime problem.That’s why his after as few as three unexcused office has helped coordinate the cre- absences. By prodding teenagers (and said Tom Heffelfinger, the U.S.Attor- ation of a new medical clinic for vic- sometimes younger kids) to attend ney for Minnesota.“It added a compo- tims of child abuse, domestic violence school, graduation rates increase and nent of prevention that’s much greater and sexual assault in Bemidji, Min- future crime rates may drop as a result. than before.” nesota. “Only rarely does one find a social Heffelfinger takes that new responsibil- “We hope this will be a model for intervention as effective as [this one],” ity seriously. During a bicycle ride near tribal and rural communities nationally, wrote a University of Minnesota his Eden Prairie, Minnesota home, he including Minnesota,” he said. Hef- researcher in 2002. pedaled through an open gate at Flying felfinger doesn’t expect the center to Gaertner, a 1980 graduate of the Uni- Cloud Airport, a small facility.At no reduce crime in the area for at least versity of Minnesota Law School, had point was he stopped or questioned for another generation. But the investment two jobs before becoming a prosecu- security purposes.The experience is needed.“We’re never going to solve tor. She clerked for Eighth Circuit underscored in his mind the need for crime by simply locking people up. It’s Court of Appeals Judge Gerald W. heightened security at all airfields, not enough.” Heaney, Class of 1941, and worked as a regardless of size.“Anti-terrorism defense attorney for the Mauzy Law efforts are a new top priority,” he said. C. PAUL JONES Firm in Minneapolis. By 1984, she had Heffelfinger was appointed to the posi- CLASS OF 1950 signed on with the Ramsey County tion in August 2001. He served as U.S. URING HIS LENGTHY LEGAL Attorney’s Office, promising her boss Attorney for Minnesota from career, C. Paul Jones worked as she would stay at least two years in the 1991–1993. (U.S.Attorneys serve at Da prosecutor in the offices of position. the pleasure of presidents; Heffelfinger the Hennepin County Attorney and Twenty-one years later, Gaertner is still is a Republican.) He also served as an the U.S.Attorney. But Jones is best there.“It’s very ironic,” she said, laugh- assistant prosecutor in Hennepin known for establishing the Minnesota ing.“At the time, I couldn’t imagine County, Minnesota from 1976–1982 Public Defender’s office in 1965. and Assistant U.S.Attorney from being in any job for more than a cou- Perhaps it’s no surprise then that he 1982–1988.Together these two posi- ple of years.” arrived at a coffee shop interview tions, plus 10 years in private practice, brandishing a brochure from the Gaertner stayed because she loves the prepared him for his current position. work.“As a prosecutor, there are so Criminal Justice Institute, a group he many opportunities to accomplish jus- “It’s been central to my ability to be a co-founded 40 years ago, that provides tice,” she said.“If I can in some small U.S.Attorney,” Heffelfinger said.“I educational seminars to all the major way vindicate a victim who has been come at it from the perspective of a players in the criminal justice system— harmed or make a neighborhood safer, trial attorney. I enjoy [trial work] and prosecutors, police, judges and defense that’s a good feeling.” have tremendous respect for those who attorneys. do it on both sides.” TOM HEFFELFINGER “It’s unusual in this country for prose- Administrative duties prevent him from cutors and defenders to get together,” CLASS OF 1975 trying many cases these days. However, Jones said.“What we’ve tried to do is ROSECUTING DRUG Heffelfinger was able to squeeze in one ask [the question],‘How do we dealers and white-collar crimi- low-profile arson prosecution since his improve criminal justice in the interest Pnals has always been a part of most recent appointment.The down- of the public?’” the job description of a U.S.Attorney. side:After a long day in court, he A native North Dakotan, Jones studied But since the attacks on New York found employees queued up with business and boxed as an undergradu- City and Washington, D.C., the office’s questions for him. ate at the University of Minnesota. responsibility has broadened. As a prosecutor, Heffelfinger admits to He soon retired from the ring, choos- “9/11 changed the job fundamentally,” a “fairly aggressive style” and isn’t shy ing to channel his competitiveness into

Perspectives FALL 2005 63 Alumni Perspective

coerced him into committing the crime. “Big Mike” never testified at trial and no one really knows if he exists. Meshbesher told the jury his client had acted under mental duress.When the “not guilty” verdicts were announced, the defendant’s wife fainted.“I think it’s fair to say I was surprised,” Meshbesher said. A trio of wins followed that victory in 1975 that catapulted him to the top ranks of criminal defense attorneys in the state if not the nation.The trials had Meshbesher defending an NHL hockey player accused of gashing another player’s eye with his stick, a businessman who allegedly starved his C. PAUL JONES era when sex discrimination was com- horses during a harsh winter and a monplace.The female lawyers that man charged with murder at a notori- criminal law.“I loved the courtroom,” worked there became known as “the ous Minneapolis bar. he said. Jones girls” and from 1967–1973 “It was a great year for me,” he said. included future Minnesota Supreme After a stint with a Duluth, Minnesota “They were all front page stories and Court Justice Rosalie Wahl as well as firm after law school, Jones spent most they all ended in acquittals.” of the 1950s serving as a public prose- other future Minnesota trial and appel- cutor at the county and federal level. late judges. When a visitor points out that the trial of the hockey player ended in a hung (He also found time to earn a master’s “I have a very high regard for C. Paul jury, Meshbesher is quick with a degree in 1955 from St. Paul College Jones,” said Wahl.“He is a quiet, unas- comeback.“Nobody ever went to jail of Law, which later became William suming man. He is one of the giants on a hung jury,” he said. Mitchell College of Law.) He returned that people don’t know about.” to private practice in 1959 and Meshbesher is one of those rare people Wahl and many other women in the became a partner at a Minneapolis who always knew what he wanted to office were allowed to work part-time, firm in 1961. do in life.An uncle, Si Meshbesher, was flexible schedules, a concept that was a successful (and wealthy) attorney. So Two years later, the U.S. Supreme decades ahead of its time.Asked about young Ron decided that’s what he Court ruled in Gideon v.Wainwright his liberal hiring practices, Jones was wanted as well.As a Minneapolis that indigent defendants are entitled to matter-of-fact.“The talent was there,” teenager, he watched trials after school free legal counsel. States hustled to he said. comply with the decision. Minnesota and during summer breaks. In college, created a state public defender’s office Jones, 78, still teaches criminal law, he enrolled in a four-year law program to offer those defendants who could criminal procedure, and constitutional that allowed him to begin taking legal not afford a lawyer free legal aid. Jones law at William Mitchell, but his advice classes in his junior year. took charge of the tiny office, housed to aspiring attorneys remains based in In those days, students were assigned in the basement of the University of the practical. seats in alphabetical order at the Law Minnesota Law School in 1965. “Find out what really happens,” Jones School. Meshbesher was wedged “There were very few appeals by said.“Talk to colleagues as distinguished between Harry McLaughlin and Walter defendants before the PD system was from page 2012 in some dusty book.” Mondale, who were good friends. set up,” Jones said. However, with Meshbesher in the RON MESHBESHER middle, they found it difficult to con- Jones served as Minnesota Public CLASS OF 1957 verse. One day, Mondale asked Defender for 25 years, securing an Meshbesher if he would be willing to LL EVIDENCE SEEMED TO increasing amount of support from the switch seats; Meshbesher obliged. Legislature to represent prisoners.That point to a guilty verdict. Federal funding, which Jones described as Aagents had nabbed Ron Decades later, after McLaughlin was “adequate,” helped the office to fight Meshbesher’s client with $200,000 in appointed to the federal judiciary, for reduced sentences and occasionally, ransom money in connection with Meshbesher argued a case in his court- overturn convictions. the 1974 kidnapping of a Minnesota room. He asked permission to banker’s wife.The defendant claimed approach the bench and whispered, Among attorneys, the office became a Chicago gangster named “Big Mike” “Do you realize that if I wouldn’t have known as a place that hired women in

64 Perspectives FALL 2005 Alumni Perspective

After law school, Meshbesh- million settlement for women who er learned the art of criminal suffered injuries from the Dalkon trial work in the Hennepin Shield birth control device. County Attorney’s Office. Still, it’s clear his passion is criminal During his three and a half defense. One part of Meshbesher years as a prosecutor, he sel- argues about the importance of fair tri- dom sought plea bargains, als in a free society. preferring to try 45 felony jury trials (yes, he remem- “The presumption of innocence is a bers the exact number). lofty principle, but in reality, it’s a fiction,” he said.“Most people who “I became known as a tough talk about it don’t really believe it. If prosecutor,” he said.“One of they read an article in the newspaper the reasons I wouldn’t plea about someone accused of a crime, bargain [often] is because I they automatically assume the person wanted to try cases.” is guilty.” Today, Meshbesher is presi- And yet, there’s another, showy side to dent of a Minneapolis firm the man who continues to practice law (Meshbesher & Spence) that after 48 years in the business. If he ever focuses on both criminal and writes a book, Meshbesher says he civil cases.Although RON MESHBESHER already has the perfect title:“Not Meshbesher is best known for his Guilty Ain’t Innocent.” ● changed seats with Mondale, I’d be up criminal defense work in the Congdon there now and you’d be down here?” murder trial, Piper kidnapping case and By Todd Melby. Melby is a Minneapolis-based McLaughlin reportedly chuckled at the Bicek bombing trial, he was also one freelance writer and independent radio wry observation. of five attorneys who secured a $300 producer. Partnership with UMAA

HE LAW SCHOOL IS EXCITED TO ANNOUNCE THAT THAT THE LAW who have made a tax-deductible Alumni Association (LAA) Board of Directors recently approved a new, donation to the Law School during Tbeneficial partnership with the University of Minnesota Alumni Associa- that timeframe will receive a compli- tion (UMAA). As in the past, the Law School’s office of Alumni Relations will mentary two-year membership in the continue to plan, implement, and provide the alumni programs, events, bene- UMAA and its new UMAA Law Alum- fits, and services to which you are accustomed (and more). In addition, the ni Society. All other alumni may UMAA will now provide support and services to the Law School to enhance choose to join the UMAA and the our abilities to serve our graduates’ needs and interests. Law Alumni Society as well. All members of the UMAA will have access to As the Law School and the University degrees from the University of Min- the UMAA’s programs, events, dis- of Minnesota enter a new, exciting nesota. Another of our graduates, counts, and benefits in addition to era of strategic evolution, it is a par- Bruce Mooty, currently serves as a those provided directly by the Law ticularly good time for this arrange- Vice-President of the UMAA Board as School to all alumni. ment with the UMAA. The Law an at-large member. Additionally, School, one of the jewels in the under the new partnership, the Law Alumni of the Law School will receive crown of the University of Minnesota, School’s Alumni Board will designate more detailed information regarding has many opportunities to take its one of its members to serve as a vot- the new opportunities this beneficial reputation, leadership, and service to ing member of the UMAA Board. partnership offers. Any questions its alumni to a higher level of excel- Thus, we will have several outstand- may be directed to Sara Jones, Direc- lence. The Board believes this is one ing advocates for the Law School as tor of Alumni Relations and Annual of those opportunities. this partnership begins. Giving for the Law School ([email protected] or 612.626.1888). The In fact, the timing is ideal because As a result of these changes, the Law Law School Alumni Relations Office the UMAA’s new Board President for School no longer will solicit dues for and the UMAA look forward to doing 2005–2006 is former Law School membership in the LAA. All alumni more for you! ● Dean Robert Stein, who received who have paid dues for the LAA this both his undergraduate and law past fiscal year as well as all alumni

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1975 Judge Michael Kirk, of the Seventh Judicial Dis- trict, headlined the July 5th Star Tribune article, Class Notes “Rocori case on docket of well-admired district judge;”Judge Kirk presided over a Stearns County case involving a shooting at Rocori High School in Send us your news Cold Spring on Sept. 24, 2003. Tell us about the important things that happen in your life! We welcome submissions for 1976 inclusion in the Class Notes section of the Law Alumni News. Submit your news through John Goetz , a partner at our Web site at: www.law.umn.edu/alumni/submit.html Schwebel, Goetz & Seiben, You can also send your update to Scotty Mann via e-mail at [email protected], regular P.A., was chosen as one of mail at N160 Walter F. Mondale Hall, 229 19th Avenue South, Minneapolis, MN 55455, or Minnesota’s Top 40 personal fax at (612) 626-2002. We need your submissions by March 1, 2006 for inclusion in the injury lawyers. next issue. Lisa Runquist’s first book, The ABC’s of Nonprofits, Thank you for keeping in touch! was published by the American Bar Association in April 2005. The proud parent of two standard poo- 1936 Hennessey has appeared in the publication for more dles that compete in agility, she continues to prac- Myer Shark is still actively practicing, representing than ten years running. A partner at Lindquist & tice law in Los Angeles at the firm of Runquist & utility customers; in March he was featured in a Vennum P.L.L.P., he handles a wide variety of litiga- Zybach LLP. KSTP Channel 5 report on his battle with Excel Ener- tion matters for both individuals and corporations, Tom Newcomb is teaching at Tiffin University in gy (you can see and hear at: including suits in the areas of antitrust, contract, Tiffin, Ohio. He has a rambling old (circa 1830) farm- http://www.kstp.com/article/stories/s6756.html). energy, insurance, minority shareholder rights, negligence, patents, reinsurance, securities and white- house, 23 acres, and a neighbor’s herd of cattle out 1941 collar defense. back. He is proud of his very cool new John Deere. Judge Gerald Heaney was nominated in May James Schwebel was cho- 1977 2005 for the Duluth Hall of Fame for his contribu- sen as one of Minnesota’s Top Rebecca Egge Moos was elected Chief Executive tions to the University of Minnesota Duluth, the 40 personal injury lawyers Officer of Bassford Remele in Minneapolis. She rep- Humphrey Institute for Public Affairs, and the Sea- for the fifth straight year, as resents health care professionals, hospitals, and way Port Authority. listed in Minnesota Law & clinics in medical malpractice and board matters Politics magazine. He is Presi- 1954 and local and national insurers and corporations in dent of Schwebel, Goetz & complex commercial claims. William Buhler was elected Seiben, P.A., Minnesota’s largest law practice focus- chair of the Southwestern ing on personal injury lititgation. 1977 Area Workforce Development Robert Tennessen was appointed Chair of the Peter Riley, a partner at Board in Truth or Conse- Legislative Committee of the National Conference of Schwebel, Goetz & Seiben, quences, NM. Commissioners of Uniform State Laws. The commit- P.A., was chosen as one of 1955 tee’s primary responsibility is to secure passage of Minnesota’s Top 40 personal uniform acts by the legislatures of the states and injury lawyers for the fifth Philip Oltfelt received the Douglas K. Andahl Pub- territories. He is also a member of the Executive, straight year and his $12 mil- lic Career Achievement Award. He spent his entire Scope, and Program Committees. lion recovery on behalf of a 16-year old client was career in the public sector, including as Assistant one of “The Top Personal Injury Recoveries of the Minnesota Attorney General, where he worked for 1970 Year”in Minnesota Law & Politics magazine. Riley the Natural Resources Division. Judge Raymond Erickson was selected to be the was also elected to the Board of Directors of the 1965 new Chief Magistrate Judge for the Minnesota Fed- Brain Injury Association of Minnesota, the only non- eral District Court, effective September 21, 2005. He profit organization in Minnesota devoted solely to Rolf Nelson was unanimously elected Chair of the was first appointed in 1992, and serves in Duluth. serving the needs of the 94,000 Minnesotans who Exam Committee of the National Elder Law Founda- live with disabilities due to brain injury. tion in May 2005. Nelson is one of just over 300 Cer- Justice Michael Wolff has tified Elder Law Attorneys in the U.S.; he became been named the Chief Justice Tom Shroyer was elected as Minnesota’s first Elder Law Specialist in 1997. Nel- of the Supreme Court of Mis- the Chairman of the Board of son’s firm, Estate Crafters®, is based in Brooklyn Cen- souri. Justice Wolff was Trustees of Courage Center ter, MN. Nelson is active in the Brooklyn Park Rotary appointed to the Missouri Foundation; he will serve Club and served ten years in the Minnesota legisla- Supreme Court in 1998. from 2005–2007. Courage ture. He and his wife Phoebe live in Brooklyn Center. Center, in Golden Valley, MN, 1974 provides rehabilitative health 1968 Mark Wilson was elected to a first term on the care and developmental programs to persons of dis- Robert Hennessey was selected to be included in Minnesota Community Foundation Board of Direc- ability, including traumatic spinal cord and brain the 2006 edition of The Best Lawyers in America; Mr. tors. He is President of Weisman Enterprises II,Inc. injuries. Shroyer is the CEO of Moss & Barnett.

66 Perspectives FALL 2005 Alumni Perspective

Adviser, a publication of the American Institute of OUTSTANDING ACHIEVEMENT AWARD RECIPIENT Certified Public Accountants. WILLIAM R. PEARCE Ann Huntrods received the Graven Award in recog- illiam R. Pearce (Class of 1952) Trade Reform Act of 1974, which directed nition of her contributions to the profession and her U.S. negotiators to trade off concessions Wrecently received the University of public service work. The David Graven Public Service Minnesota’s highest recognition—the Uni- from the U.S. in the industrial sector in versity of Minnesota Outstanding Achieve- exchange for concessions to the U.S. in the Award is presented annually to the lawyer who best ment Award. Pearce is also a dedicated agricultural sector. exemplifies the high standards of the profession in member of the Hubert H. Humphrey Insti- combination with a commitment to public or com- Following this service to his country, Pearce tute of Public Affairs Advisory Council and munity service. Huntrods has been recognized as rejoined Cargill, became Senior Vice Presi- was nominated for the award jointly by the one of the "Best Lawyers in America," and she is dent for Corporate Affairs in 1986, and sub- Law School and sequently served on the corporate board of currently chair of the Labor and Employment Law the Humphrey directors and as President of the Cargill Practice Group at Briggs and Morgan. Institute. Foundation. Pearce retired from Cargill in Gregory Madsen joined Kennedy & Graven, Char- In 1952, he took 1993, and charted a new course for himself tered, where he specializes in education law. a position in the and, again, for the economic landscape.As Law Department President and Chief Executive Officer of 1983 of Cargill, Inc., IDS Mutual Group from 1993–1999 he moving to the helped guide Minneapolis-based financial Joan Bibelhausen accepted a position as Executive Public Affairs giant IDS through consolidation with Director of Lawyers Concerned for Lawyers, a non- Department in American Express Financial Services. profit 501(c)3 organization founded in 1976 to help 1957 and becoming Vice President for Pub- those affected by alcohol, drug abuse and other The Law School is proud to point to lic Affairs in 1963. President Richard Nixon William Pearce as an outstanding alumnus addictions; depression and other mental illnesses; appointed Pearce in 1971 as Deputy Special and exemplar of the responsible use of legal stress and other life-related problems; and any con- Representative for Trade Negotiations in the expertise, ethical business leadership and dition which negatively affects the quality of one’s Executive Office of the President of the political power, and is deeply appreciative of life at work or at home. United States with the rank of Ambassador, his advocacy and generous financial support. a position in which he served until 1974. Mary Vasaly, a partner with Maslon Edelman Bor- Most significantly, Pearce engineered the man & Brand, has been named president-elect of Minnesota Women Lawyers. She also received the John Lunseth has been elected a shareholder at Responsibility Board for 12 years, the last six of Ramsey County Bar Association Pro Bono Award for Briggs and Morgan, P.A. in Minneapolis. He is a those years as its chair. her service with the Children’s Law Center of Min- member of the Trade Regulation Section and Chair nesota and became a Fellow of the American Bar of the Intellectual Property Practice Group. Lunseth 1979 Foundation, an honor limited to no more than the joined Briggs and Morgan in 2002. Gregory Bulinski was elected chief operating offi- top one-third of one percent of attorneys in each cer of Bassford Remele. state. Vasaly has taught legal writing at the Law 1978 School and teaches appellate practice at the Univer- Gregory Dose joined the firm of Goldstine, Skrodz- Deanne Greco, a shareholder at Moss & Barnett in sity of St. Thomas Law School. ki, Russian, Nemec and Hoff, Ltd. in Burr Ridge, Illi- Minneapolis, became President of Ordway Circle of nois as a partner. He practices in the areas of land Stars, a non-profit that supports the programs of 1984 use, municipal, and eminent domain law. He was the Ordway Center for the Performing Arts. Marie Skinner joined Kennedy & Graven, Char- selected as a 2005 Illinois Super Lawyer by Law & tered. She frequently presents at training seminars Charles Lundberg received the 2005 Minnesota Politics. for school districts and professional organizations on State Bar Association (MSBA) Professional Excel- 1980 such subjects as sexual harassment, data privacy, lence Award in recognition of outstanding efforts to and other school and employment topics. advance the legal profession and the administration Joseph Finley was voted managing partner of of justice. The award was presented by MSBA Presi- Leonard Street & Deinard. 1985 dent David Stowman on June 17, 2005, during the Karen Finseth Nancy Erbe’s article “The Global Popularity and association’s annual convention in Brainerd. For is Assistant Vice President of U.S. Promise of Facilitative ADR”was published in the fall more than 25 years, Lundberg has been writing and Bank in Duluth. edition of the Temple International and Comparative publishing scholarly works on professional ethics 1981 Law Journal and her book, Holding These Truths: and professionalism, and in the past 10 years he has Empowerment and Recognition in Action (an interac- taught more than 40 CLE courses on the subject. He Thomas Boman is the vice president of finance in tive case study curriculum for multicultural dispute practices at Bassford Remele in all areas of the law the St. Louis office of Advantage Capital Partners, a resolution) is available at amazon.com of lawyering and in appellate law. Recently he venture capital firm based in New Orleans. Tom recently completed his fifth year as an adjunct spear-headed an effort to assist judges facing con- 1987 tested appellate judicial elections by organizing instructor in the LLM in Tax Program at the Law President George W. Bush intends to nominate Ben- support for sitting judges on the Minnesota School at Washington University in St. Louis, where son Whitney to be Ambassador Extraordinary and Supreme Court and Court of Appeals among the 100 he teaches partnership taxation. His article on Plenipotentiary of the United States of America to leading appellate lawyers in the state. Lundberg has avoiding penalties for late filing of partnership tax the Republic of Norway. Whitney currently serves been on the Minnesota Lawyers Professional returns appeared in the July 2004 issue of The Tax

Perspectives FALL 2005 67 Alumni Perspective as President of Argus Management, LTD and as 1992 in the firm’s entertainment and media practice, Chief Executive Officer for Whitney Management Tona Dove resigned her partnership at Levander, Mulcahy represents studios in television and movie Company. Gillen & Miller, P.A. to start Paideia Academy, a char- development, production, finance and distribution. 1989 ter school that opened in Apple Valley this fall. She Margaret A. Thickens has joined the Duluth law is currently acting as School Board Chair and Startup firm of Andresen & Butterworth, P.A. as an Associate Bassford Remele elected Kevin Hickey its chief Coordinator. Attorney. Prior to joining the firm Ms. Thickens financial officer. Jennifer Reedstrom Bishop, a principal at Gray worked as in-house counsel for the Home and Doug Lahammer has been elected as a fellow in Plant Mooty, was elected to the firm’s Board of Building Control business unit of Honeywell, Inc. in the American College of Mortgage Attorneys. Directors; she will serve as Secretary. Minneapolis. Ms. Thickens will practice in the areas of Real Estate, Corporate and Business Law, Estate Julie Ritz-Schlaifer and her husband David wel- Planning and Probate. comed Miles Cole Schlaifer on November 30, 2004; 1993 Miles joins his big brother Leo Jacob Schlaifer. Michael Lafeber was elected shareholder at Briggs 1995 and Morgan, P.A. He practices in the firm’s Intellec- Barry Rosenzweig opened a second office in tual Property Section. Lafeber is a member of the DeAnne Dulas is a name partner in the Eagan firm Roseville for Century Title, Inc., of which he is Presi- planning committee for the Minnesota State Bar of Strandemo, Sheridan & Dulas, P.A. Her practice dent. Association’s Annual Midwest Intellectual Property focuses on family law issues; she also practices in the areas of residential and commercial real estate 1990 Institute, a past member of the board of directors of the Minnesota Defense Lawyers Association, and and small business law Joan Humes received the MSBA's Public Attorney past chairperson of that organization’s New Lawyers 1996 Award of Excellence. Humes, an Assistant United Committee. State Attorney, serves on the Law Alumni Associa- Nathan Bjerke became a partner at Bowman and tion Board of Directors. Father Jim Mason is a Catholic priest in the Dio- Brooke LLP in Minneapolis. cese of Sioux Falls, covering the eastern half of Tracy Kochendorfer has formed a solo practice in South Dakota. Richard Erstad was named General Counsel and Minneapolis, TK Law, PLC, focusing on serving the Secretary of BUCA, Inc., a publicly traded company needs of lenders in commercial loan transactions. Daniel Vande Loo left this world on July 8, 2005 that owns and operates 107 restaurants under the She was formerly a partner with Rider Bennett, LLP. after a courageous struggle against cancer. He is names Buca di Beppo and Vinny T's of Boston. survived by his beloved wife Tracy and daughter Greg Perleberg, a member of Maslon Edelman Addie. Thomas Finan works for the House Committee on Borman & Brand’s Intellectual Property and Technol- Homeland Security in Washington, D.C, as ogy Services Group, joined the editorial advisory 1994 Counsel/Coordinator of the Subcommittee on board of ALM’s Law Technology News. Ben Mulcahy was chosen one the country’s lead- Intelligence, Information Sharing, and Terrorism Risk Assessment. Previously, he litigated civil Henry Van Dellen was appointed senior vice presi- ing attorneys by The National Law Journal; the pub- matters for the FBI’s Office of General Counsel in dent of the Minneapolis office of Aon Consulting, a lication named him to its annual “40 Under 40”list Washington, D.C. leading provider of risk management services, of leading lawyers under the age of 40. As a found- insurance and reinsurance brokerage, human capital ing member of the Sheppard, Mullin, Richter & Brian Johnsrud was named a partner at Morgan and management consulting, and specialty insur- Hampton advertising practice group and a partner Lewis & Bockius. He practices employment law in ance underwriting. 1991 In Memoriam Tribute Association Board of Directors and on Mohammed Khaled Asfour has become the John S. Pillsbury the Law School’s Managing Partner of Ali Sharif Zu’bi & Sharif Ali Class of 1940 Board of Visitors Zu’bi, Jordan’s largest law firm. John S. Pillsbury, Jr., passed away on March and was a generous Chad Baruch was elected Chair-Elect of the Con- 28, 2005 at the age of 92. Pillsbury, who supporter of the University and the sumer Law Section of the State Bar of Texas. He is served as a lieutenant commander in the U.S. Navy during World War II, graduated Law School; he and Assistant Principal of Yavneh Academy of Dallas, and his wife of 68 years, maintains a part-time law practice. from the Law School in 1940. From 1956 to 1977, he served as chief executive of Katharine Clark Pillsbury, provided substan- Duane Hagerty has joined the Transactional Northwestern National Life Insurance Co., tial funding for the Centennial Professorship Department and Real Estate Practice of the Chicago now ING-ReliaStar. in Law, held since 1990 by Professor Barry Feld. office of Wildman Harrold as Of Counsel. Hagerty Pillsbury was the great-grandnephew of was formerly a partner with the Des Moines, Iowa 1870s Governor John S. Pillsbury. He ran for He is survived by his wife Katharine; sons firm Brown, Winick, Graves, Gross, Baskerville & governor himself in 1966. He served on the John S. Pillsbury III, Donaldson Pillsbury, Schoenebaum, P.L.C. boards of such organizations as Twin Cities Dr. L. Harrison Pillsbury, and daughter, Public Television, the Community Chest Katharine Jose; a sister, Ella Crosby and a Chris Larus was named a partner of Fulbright & (the predecessor of the United Way), the brother, George Pillsbury. Jaworski; he practices in the firm’s Minneapolis University of Minnesota Foundation, the We at the Law School are proud to count office. Minnesota Orchestra, Dunwoody Institute, John S. Pillsbury as one of our graduates. and Orono Schools. Pillsbury served on both the Law Alumni

68 Perspectives FALL 2005 Alumni Perspective

practices primarily in the areas of securities regula- In Memoriam Tribute nesota politics to tion, finance and corporate governance. the day he died. Patrick J. O’Connor Amy Seidel, of Faegre & Benson LLP, received an Mr. O’Connor Class of 1945 Outstanding Volunteer Award from Milestone had also served as Patrick J. O’Connor, Sr., prominent graduate a former Director Growth Fund. of the Law School, died of heart failure on of the Kennedy May 8, 2005 at the age of 85. He was born Center for the 1999 in Eden Valley, MN and graduated from Performing Arts; Barak Babcock is an in-house employment litiga- Creighton University in 1942 and the Law Director of the tor with FedEx in Memphis, TN. School in 1945. He began his legal career Washington Sym- with the Fowler Youngquist firm in Min- phony; member of the Board of Visitors for Stacy Lynn Bettison has taken a hiatus from prac- neapolis. In 1956, he founded the law firm the Law School and the Law Alumni Asso- ticing law; in May 2005, she left her law practice to of O’Connor & Green. He eventually ciation Board of Directors; member of the explore other ways to be a passionate advocate. moved his practice to Washington, D.C. Minneapolis Chamber of Commerce; and a Bettison is currently the Director of Communications where he opened the nationally recognized long-standing member of the American Bar and Development for the Landscape Plant Develop- law firm of O’Connor & Hannan. He Association. Both Mr. O’Connor and his ment Center, a national, nonprofit research institute served as the Treasurer and on the board of law firm generously supported the Law that develops plants and trees that are tolerant of directors of the Democratic National Com- School and other University departments, mittee and was a former Chair of the biological and environmental stresses. Art classes and he served on the Law School’s Cabinet and entrepreneurial pursuits also occupy her time, Democratic House and Senate Finance during Campaign Minnesota Council, the only non-member of the U.S. as do her two-year old daughter, Nina, and her House and Senate to fill that position. He He was preceded in death by his wife Patri- world-traveling litigator husband, Stephen Safrans- was a member of the Carter-Mondale Presi- cia Duffy O’Connor. He is survived by his ki, Class of 1997. Stacy was named a “Rising Star” dential Committee; a Director of the Mon- second wife Evelyn O’Connor; sons Patrick by Minnesota Law and Politics. dale-Ferraro Committee; a Finance Com- O’Connor, Jr. and James Duffy O’Connor; mittee member of the Dukakis-Bentsen two stepsons; and eight grandchildren. Vija Brookshire, an associate with Messerli & Kramer in Minneapolis, was recognized by Minneso- Presidential Committee; a member of the Mr. O’Connor made an unforgettable mark ta Law & Politics as among Who’s Who in Family Law Clinton-Gore National Finance Committee; on this world and he will be remembered at and a general counselor to the 1999–2000 the Law School for years to come. and as a Rising Star for 2005. Gore campaign. He remained active in Min- Patryk Drescher is an associate with Ropes & the firm’s Palo Alto and San Francisco offices. The Twin Cities Lawyers Group elected Seema R. Gray in Washington, D.C. He focuses on commercial Shah its first Executive Director. The Twin Cities matters. Mark McGinnis was elected Circuit Court Judge in Lawyers Group is a collaboration of major Twin Cities Outagamie County (Appleton, Wisconsin). He Emily Rome has joined the Minneapolis firm of law firms and corporations dedicated to identifying, defeated the incumbent by nearly a 2-1 margin. Maslon Edelman Borman & Brand, LLP as a litiga- recruiting, advancing and retaining lawyers of color tion associate. Bill Reichert joined the in the Twin Cities’legal community. Prior to joining Russian practice group of the Twin Cities Lawyers Group, Shah was a Trade- Rebecca Simoni is a mem- Salans, where he will be mark Counsel for General Mills, Inc. ber of the Banking, Bank- working in both their Paris ruptcy, and Business Restruc- Thomas Trachsel became of shareholder at Fel- and Moscow offices. His prac- turing practice group at von haber, Larson, Fenlon and Vogt, P.A. in the Twin tice focuses on international Briesen & Roper, S.C. in Mil- Cities. He practices labor law. mergers and acquisitions and waukee, WI. She is currently commercial real estate trans- Laura Walvoord was elected as partner to Maslon serving a three-year term on actions. Prior to joining Salans, Reichert was with Edelman Borman & Brand, LLP. She is a member of the Milwaukee Bar Associa- the Brussels office of Weil, Gotshal & Manges. the firm’s litigation group, practicing complex com- tion Bench/Bar Bankruptcy Committee. mercial litigation and other business matters. 1997 2000 Jill Brown is the managing director of Wolpoff & 1998 David Bateson is Director of the Mentor Externship Abramson, L.L.P’s new Minnesota office (in Min- Mike Booher joined Barker, Wilson, Reynolds and Program at the University of St. Thomas School of netonka). Wolpoff & Abramson, L.L.P. is one of the Burke, a litigation boutique firm in Rapid City, South Law. He previously practiced at Rider Bennett LLP. nation’s largest and most prestigious creditor’s Dakota. Previously Booher worked for Husch & rights firms dedicated to the collection of consumer Eppenberger in St. Louis, MO and then spent three debt; its main office is located in Rockville, Mary- years at the Rapid City Attorney’s Office. land and it has fifteen regional offices. Laura Ferster joined Jackson Lewis LLP as an asso- 1st Ryan Burt became a shareholder at Halleland ciate representing management exclusively in work- The University of Minnesota Law Lewis Nilan & Johnson in Minneapolis; he practices place law and related litigation. in insurance legal matters and handles compliance School was the first library in the Christopher Kopka now resides in Denver, and public policy issues for the health and long- Colorado. country to allow 24/7 access to term care industries. Chris Rauschl joined the General Mills Law Depart- law students (in 1965). ment as Corporate and Securities Counsel, where he

Perspectives FALL 2005 69 Alumni Perspective

Tiffany Brown joined the Minneapolis office of was responsible for the coor- tual Property Moot Court team to victory at the Meagher & Geer P.L.L.P. dination and development of Northeast Regional Competition. She is an associate economic development ini- at Merchant & Gould in Minneapolis. 2001 tiatives within the 3ID’s area Nell Keenan loves her new job in the Las Vegas of operation. Dahlberg Law Ruby Hou Alexander has joined Perkins Coie’s District Attorney’s office. According to Keenan, Office is a general practice Seattle office focusing on corporate governance and another MN grad, Byron Thomas, ’01 is in Las Vegas firm with an emphasis in transactions. She will work with a team of 170 busi- at a private bankruptcy firm, which she says is kind business law, family law, wills and trusts. Dahlberg, ness lawyers working from 10 offices across the of fun. country. a trained Mandarin Chinese linguist from the military’s Defense Language Institute, is married to Krisann Kleibacker Lee and Joe Lee were married Robert Bell left the U.S. Securities and Exchange Catherine Dahlberg (Wei Zifeng), a native of Nan- on May 7, 2005. Commission in Washington, DC and is now practic- jing, China who is a trained interpreter/translator Nicole Morris was elected Vice President of the ing securities law in the New York office of Clifford from the Monterey Institute of International Studies. Minnesota Association of Black Lawyers. She is an Chance US LLP. Dahlberg plans to expand his practice into assisting attorney with Robins, Kaplan, Miller & Ciresi. Thomas Cobb joined the University of Washington Minnesota businesses wishing to enter the Chinese Law School faculty in 2004 to teach in the Basic market. Erica Weston practices at the University of Col- orado’s Office of University Counsel in Denver. Legal Skills program. Before joining the faculty, Pro- Marshall Lichty accepted a position as the Major fessor Cobb clerked for Justice Susan M. Leeson of Gifts Director for the Northern Star Council of the 2004 the Oregon Supreme Court and practiced civil and Boy Scouts of America in St. Paul. criminal appellate law in the Appellate Division at Alyn Bedford joined Faegre & Benson in the Oregon Department of Justice. He worked at Adam Morris accepted a clerkship for Judge H. Minneapolis. Sprenger & Lang, PLLC (a Minnesota law firm spe- Emory Widener, Jr., of the U.S. Court of Appeals for Rjay Brunkow was named relationship manager cializing in class action civil rights cases), the Federal the 4th Circuit. for Wells Fargo Native American Business Services in Public Defender, Minnesota Advocates for Human Tuft & Arnold, PLLC, in Maplewood, MN, named the Midwest. Brunkow, an enrolled member of the Rights, and the University of Minnesota Human Scott Rodman as an associate. He was a clerk for Turtle Mountain Chippewa Tribe, will lead Wells Far- Rights Center. His research interests include legal Hennepin County District Judge Cara Lee Neville and go work on behalf of tribal nations throughout Min- rhetoric, statutory interpretation, jurisprudence, an attorney editor for Thomson West Publishing. nesota, Wisconsin, Michigan, Iowa, North Dakota, criminal law, Indian law, and conflicts of law. Tony Sclafani is Deputy General Counsel for the South Dakota, and Nebraska. David Harold Day died April 19, 2005, after a New Mexico Corrections Department in Santa Fe, Intesar Elder accepted a position with Comerica courageous eight-year battle with an illness at age New Mexico. Incorporated in Detroit, MI. 33. After law school, he moved to Immokalee, Flori- da to begin his career as a lawyer, and later returned 2003 Jenny Norenberg is an associate with Matushek, to Minnesota and Southern Minnesota Legal Nilles & Sinars, L.L.C. in Chicago, IL. She concen- Rebecca Hasse practices with Allina Hospitals and Regional Services to represent low income people trates her practice on product liability, toxic torts, Clinics in Minneapolis. struggling with legal troubles. and occupational injury claims. Rachel Hughey coached the Law School’s Intellec- Julianne Emerson joined the law firm of Newby, Lingren & Westermann Ltd. in Cloquet, MN. Prior to this, Emerson practiced with the law firm of In Memoriam Tribute sented the government of El Salvador in the Mahoney & Emerson Ltd. in Wayzata, in the areas of late 1980s despite protests from groups that business and corporate law, specializing in civil liti- Joe Walters objected to that government’s activities dur- gation and appellate practice in both state and fed- Class of 1947 ing El Salvador’s Civil War. eral court; other areas of practice include personal Distinguished alum Joe Walters passed away injury, DWI defense and general practice. on May 11, 2005 at the age of 85. He was He is survived by his son, Bill Wal- Daniel Yabut has worked as an attorney with the born in Youngstown, Ohio, and raised in Wisconsin.After serving as an Army ser- ters, daughters Illinois State Treasurer’s Office since 2003. Also an geant on the front lines in the Pacific during Susan Holmes and actor, he recently starred in Door Shakespeare Festi- World War II, he earned a bachelor’s degree Ann Walters, five val’s “The Comedy of Errors,”and in September made in 1946 and his law degree in 1947, both at grandchildren, and his feature film debut co-starring as Roy, Bow Wow’s the University of Minnesota. two great-grand- loud-mouthed rival, in the ’70s rollerskating come- children. dy “Roll Bounce”by Fox Searchlight Pictures. Mr.Walters is remembered as a tough litigator, practicing alone for several years and Along with his 2002 then becoming a partner in the O’Connor family, Mr.Walters established The Walters Family Scholarship Fund to support Law Christopher Dahlberg, president of Dahlberg Law & Hannan firm. He also served as the attorney for the Hubert Humphrey family. School students with financial need. Mr. Office, P.A. of Duluth, Minnesota is redeploying Walters’ passing evoked tributes from many home from Iraq. Dahlberg, a captain in the 407th Known for taking difficult cases, in 1986 Mr.Walters was involved in the ownership individuals who had worked alongside him Civil Affairs Battalion out of Arden Hills, has been squabbles of the Minnesota Vikings,repre- over the years; he will be missed by the serving as Team Chief on the 3rd Infantry Division's senting the founding families, which wanted Law School and greater Minnesota legal (3ID) Governorate Support Team-Economics. Work- to retain control of the team. He also repre- community. ing out of the U.S. Embassy in Baghdad, Dahlberg

70 Perspectives FALL 2005 Alumni Perspective

Dennis Puzz left his practice at Best & Flanagan on In Memoriam Tribute eral District Court; September 2nd. Starting September 19th, he will he later served as be the new Executive Director of the Yurok Tribe in The Honorable Harry H. Chief Judge for the MacLaughlin district during California. Class of 1956 1992 before Bryan Smith works at the Minneapolis office of Lit- assuming senior On May 3, 2005, Judge Harry H. tler Mendelson. He recently co-authored an article status in October with Professor Stephen Befort, Class of 1974, that MacLaughlin, beloved alumnus of the Law 1992. Judge was featured in The Labor Lawyer. School, passed away from complications MacLaughlin from pneumonia. He was 78 years old. taught as a lecturer Eva (Mannoia) Weiler joined the law firm of From 1945 to 1946, he served in the U.S. at the Law School for many years, and he Shook, Hardy & Bacon in Orange County, California Navy. He received his bachelor’s degree in also served on both the Law Alumni Associ- and will work in the area of product liability business administration in 1949 from the ation Board of Directors and on the Law defense. She married Brandon Weiler, IT ’01, on School’s Board of Visitors. In 1995 the University of Minnesota and his law degree March 26, 2005. in 1956.After law school he practiced with Regents presented Judge MacLaughlin with the firm of Larson, Loevinger, Lindquist, the Outstanding Achievement Award of the Amelia Wilson accepted an associate position Freeman & Fraser. In 1957, he and Walter University of Minnesota for serving with with Davidson & Schiller, an immigration firm in Mondale established the firm of MacLaugh- distinction and honor in his field. Chicago, IL. lin & Mondale; in 1960 it became the firm Judge MacLaughlin is survived by his wife, of MacLaughlin & Harstad. He continued Mary, and sons, David, Class of 1990, and 2005 with the practice until 1970 when he was Doug. Nathan Nelson is the 2005 recipient of the Federal appointed as an associate justice to the Min- nesota Supreme Court. In 1977, he was Judge Harry MacLaughlin was a remarkable Bar Association’s Judge Edward J. Devitt Award. Each appointed to the federal bench for the Dis- individual who significantly influenced the year, the Minnesota Chapter of the Federal Bar Asso- trict of Minnesota, becoming the only judge Minnesota legal community. He will be ciation sponsors an award for an outstanding third to have served on both the Minnesota missed. year law student who best exemplifies excellence in Supreme Court and the United States Fed- courses and activities related to trial work and Fed- eral practice. ●

CORRECTIONS SPRING 2005 In the Spring 2005 issue of the Law Alumni News, we failed to acknowledge that Associate Dean Jim Chen was appointed to the Julius E. Davis Chair in Law in 2000. Dean Chen was honored to hold the Julius E. Davis Chair and we deeply regret the omission.

FALL 2005 In the Fall 2004 issue of the Law Alumni News, we were delighted to include a picture of members of the Clarence Darrow family who were able to attend the Faegre & Benson Symposium: Law, Information, and Freedom of Expression and The Celebration of the Law Library’s Millionth Vol- ume:The Papers of Clarence Darrow on October 22, 2004.We regret that we incorrectly identified a member of the Darrow family.The following is the original picture and the corrected caption.

Katherine Hedin, Curator of Rare Books, with the Darrow family. L. To R.: Kenneth Chase, Judith Lyon, The Rev. William Darrow Lyon, Katherine Hedin, Professor Donald Simonson, Judith Besser, Marsha Simonson. William Lyon (Palmyra, VA) and Judith Besser (Homewood, IL) are great grandchildren of Darrow, the children of Darrow’s granddaughter, Jessie Darrow Lyon. Kenneth Chase (Aiken, SC) is a great grandchild of Darrow, the son of Darrow’s granddaughter, Blanche Darrow Chase. Donald Simonson (Albuquerque) is a stepson of Darrow’s granddaughter, Mary Darrow Simonson.

Perspectives FALL 2005 71 Alumni Perspective

In Memoriam CLASS OF 1933 CLASS OF 1947 CLASS OF 1962 Paul Hamerston Joe Walters Ernest “Ernie” Gellhorn Stuart, Florida Minneapolis, Minnesota Washington, D.C. May 20, 2005 May 11, 2005 May 7, 2005

CLASS OF 1937 CLASS OF 1948 CLASS OF 1967 Frank Graham, Sr. James L. Wanvig William Kampf Saint Paul, Minnesota San Francisco, CA Saint Paul, Minnesota March 2004 April 12, 2004 September 16, 2005

CLASS OF 1939 CLASS OF 1948 CLASS OF 1967 George Korbel Daniel D. Wozniak William V. Lahr Moorhead, Minnesota Saint Paul, Minnesota Minneapolis, Minnesota 6/06/2005 Augusut 18, 2005 October 4, 2004

CLASS OF 1940 CLASS OF 1949 CLASS OF 1969 Virginia Ritt Fabian James E. Crowley Howard Groves Oakland, California Slayton, Minnesota Burnsville, Minnesota August 13, 2005 December 9, 2004 June 29, 2005

CLASS OF 1940 CLASS OF 1952 CLASS OF 1972 Joseph Gitis Loren M. Barta Rick Enga Edina, Minnesota Apple Valley, Minnesota Edina, Minnesota September 2005 May 3, 2005 September 8, 2005

CLASS OF 1940 CLASS OF 1953 CLASS OF 1988 John S. Pillsbury Jr. Phillip Schwab William A. Blodgett Wayzata, Minnesota Santa Ana, California Duluth, Minnesota March 28, 2005 August 28, 2005 September 27, 2004

CLASS OF 1943 CLASS OF 1954 CLASS OF 1993 Arthur F. Gillen J. Earl Cudd Daniel J. Vande Loo White Bear Lake, Minnesota Edina, Minnesota Green Bay, Wisconsin July 15, 2005 April 20, 2005 July 8, 2005

CLASS OF 1945 CLASS OF 1956 CLASS OF 1995 Patrick J. O’Connor Harry H. MacLaughlin Maureen B. Cavanaugh Minneapolis, Minnesota Pompano Beach, Florida Natural Bridge, Virginia May 8, 2005 May 3, 2005 April 4, 2005

CLASS OF 1947 CLASS OF 1956 CLASS OF 2001 G. Jean Berman James A. Smith David Harold Day Minneapolis, Minnesota Falcon Heights, Minnesota Randolph, Minnesota April 23, 2005 April 2, 2005 April 19, 2005

CLASS OF 1959 As of October 31, 2005 Eugene Keating Bayport, Minnesota April 6, 2005

72 Perspectives FALL 2005 Partners in Excellence

2004-2005

Recognizing Law School Donors July 1, 2004 to June 30, 2005 Alex M. Johnson, Jr. Dean (612) 625-4841 [email protected]

OFFICE OF EXTERNAL RELATIONS N160 Walter F. Mondale Hall 229 19th Avenue South Minneapolis, MN 55455

Phone: (612) 626-5363 Fax: (612) 626-2002

Martha Martin Director, External Relations (and Development Director) (612) 625-2060 [email protected]

DEVELOPMENT Terri Mische Major Gifts Officer (612) 625-6584 [email protected]

Bev Wilson Assistant to Development Director, Donor Relations (612) 625-5387 [email protected]

Mark Swanson Executive Assistant, External Relations (612) 624-0097 [email protected]

ALUMNI RELATIONS & ANNUAL GIVING Sara Jones Director, Alumni Relations & Annual Giving (612) 626-1888 [email protected]

Scotty Mann Assistant Director, Alumni Relations & Annual Giving (612) 626-5899 [email protected]

Anita Cole Program Associate, Alumni Relations & Annual Giving (612) 626-5363 [email protected] Messagefrom the Dean Dear Friends,

Thank you for your continuing support of the University of Minnesota Law School. It is with great pleasure that I present you with the 2004–2005 Annual Report.

The Law School continues to rise in national prominence. In 2005, we enrolled the strongest class ever at the Law School. When the academic profile of our students advances, the value of a University of Minnesota Law School degree increases for all our graduates. Recruitment of renowned faculty has surpassed our expectations as we added five tenured and tenure-track and two clinical and library faculty members to our ranks this year. I am happy to report that our entire faculty maintains a high profile, writing and lecturing extensively on leading academic and public policy issues around the country and the world.

We have been sustained this past year by crucial financial support from alumni and friends. As I have said many times over the last three years, our state subsidy has decreased significantly and the Law School depends almost entirely on tuition and private giving for support. I urge you to help us provide our students with a quality legal education by contributing to the Law School in the coming year at a level that is meaningful and comfortable for you.

You will notice that we are for the first time combining the Annual Report and the Law School magazine. This is both an experiment and a means of conserving financial resources in a time of budget cuts. The money saved in printing and extra postage costs for our Annual Report will be used on essential academic programs. We hope you will find this new format informative and convenient.

Again, I extend my sincere thanks to you for your support. You have helped make the University of Minnesota a truly excellent law school.

With sincere gratitude,

Alex M. Johnson, Jr. Dean and William S. Pattee Professor of Law

Partners in Excellence ANNUAL REPORT 2004–2005 75 FY05 Sources of Philanthropic Dollars (cash): 11% Alumni and Friends (Individuals) $865,904 40% Law Firms $596,536 27% 22% 40% Private Foundations & Organizations $475,927 22% Corporations/Corporate Foundations $243,500 11% 27%

Expenditures from Philanthropic Dollars ($5,405,488): 7% Academic Program & Faculty Funds $2,724,585 50% 19% Scholarships & Academic Awards $1,254,286 23% 50% Research Initiatives $1,040,937 19% Facilities, Marketing, Contingency $ 385,680 7% 23% Report from the National Chair Dear Partners in Excellence,

I am pleased and honored to report that the Law School received 2,956 gifts totaling $2,636,082 between July 1, 2004 and June 30, 2005. Cash donations accounted for $2,181,867, while $454,215 came in the form of new pledged and deferred gift commitments. Thirty percent of alumni supported the Law School.

It is also exciting to note these FY05 highlights:

• The Partners in Excellence Annual Fund Drive surpassed its goal, topping a half-million dollars for the first time; 1,934 donors (20% over FY04) contributed $508,164 (23% over FY04) for operating support.

• The Donald G. Marshall Scholarship was created by alumni, colleagues and friends on the occasion of Professor Marshall’s retirement. He is a major influence in the lives of countless graduates who cite him as the absolute exemplar of challenging, inspiring and principled teaching. Commitments honoring his extraordinary gifts and dedication now approach the quarter-million dollar mark.

•Eight endowed funds eligible for the President’s Scholarship Match were created by generous lead gifts from four law firms and five individuals. Additional gifts were designated to these funds by alumni and friends for a total of $627,438 to support scholarships.

• The Law School’s endowment increased 7% over FY04, to a market value of $82,987,586.

Your investment in the Law School advances a rigorous curriculum and world-class teaching, a remarkable range of public interest work, a legal clinical program of unmatched depth, exceptional writing and moot court programs, important scholarly and applied research—and vital scholarship support. On behalf of students, faculty and alumni, thank you for your indispensable role in providing superb legal education at the University of Minnesota! Warmest regards,

R. Hugh Magill, Class of 1985 Senior Vice President, The Northern Trust Company

Partners in Excellence ANNUAL REPORT 2004–2005 77 Endowed Chairs, Professorships and Fellowships

The University of Minnesota requires a gift endowment level of $2,000,000 to establish a named academic Chair; $1,000,000 to create a Professorship; and $500,000 to name a Distinguished Research Fellowship. The extraordinary caliber of teaching and scholarly achievement enabled by endowment of the following academic positions brings great honor to the Law School. We are privileged, in turn, to recognize the individuals and organizations whose names they bear.

The Russell M. and Elizabeth M. Bennett The Henry J. Fletcher Professorship in Law Chair in Excellence Donor: The Miriam Fletcher Bennett Family Donor: The University of Minnesota Foundation Holder: Professor Bradley C. Karkkainen Holder: Asssociate Professor Guy-Uriel E. Charles The Everett Fraser Chair in Law The Benjamin N. Berger Chair in Criminal Law Donor: James H. Binger Donor: Benjamin N. and Mildred Berger Holder: Professor Mary Louise Fellows Holder: Professor Richard S. Frase The Fredrikson & Byron Professorship in Law The Briggs and Morgan Professorship in Law Donor: Fredrikson & Byron Foundation Donor: Briggs and Morgan Holder: Regents Professor David Weissbrodt Holder: Professor Michael Stokes Paulsen The Gray, Plant, Mooty, Mooty & The Howard E. Buhse Professorship in Finance Law Bennett Professorship in Law Donor: Howard E. Buhse Donor: Gray, Plant, Mooty, Mooty & Bennett Foundation Holder: Professor Edward S. Adams Holder: Professor Stephen F. Befort

The Centennial Professorship in Law The Curtis Bradbury Kellar Chair in Law Donors: Law School Alumni Donor: Curtis B. Kellar Holder: Professor Barry C. Feld Holder: Professor Ann M. Burkhart

The Julius E. Davis Chair in Law The James L. Krusemark Chair in Law Donors: Friends of Julius E. Davis Donor: Estate of Lucille Dondore Holders: University Provost and Law School Holder: Professor Jim Chen Dean Emeritus E. Thomas Sullivan Associate Professor Brett McDonnell The Earl R. Larson Chair in Civil Rights and Civil Liberties Law The Dorsey & Whitney Professorship in Law Donor: The Honorable Earl R. Larson Donor: The Dorsey & Whitney Foundation Holder: Professor Fionnuala Ní Aoláin The James Annenberg Levee Chair in Criminal Procedure Donor: James A. Levee The Faegre & Benson Professorship in Law Holder: Professor Kevin R. Reitz Donor: Faegre & Benson Holder: Professor Susan M. Wolf The J. Stewart and Mario Thomas McClendon Professorship in Law and Alternative Dispute Resolution The John K. and Elsie Lampert Fesler Fellowship Donor: J. Stewart and Mario Thomas McClendon Donors: David and Elizabeth Fesler Holder: Professor Laura J. Cooper Elsie Lampert Fesler Holder: Associate Professor Dale Carpenter

78 Partners in Excellence ANNUAL REPORT 2004–2005 Endowed Chairs, Professorships and Fellowships

The Roger F. Noreen Chair in Law The S. Walter Richey Professorship in Corporate Law Donor: Roger F. Noreen Donor: The Lee and Rose Warner Foundation/ Holder: Associate Dean Joan S. Howland Donald G. McNeely

The Oppenheimer Wolff & Donnelly Professorship in Law The Robins, Kaplan, Miller & Ciresi Professorship in Law Donor: Oppenheimer Wolff & Donnelly Donor: Robins, Kaplan, Miller & Ciresi Holder: Professor Dan L. Burk Holder: Professor Daniel J. Gifford

The Vance K. Opperman Research Scholar The Harlan Albert Rogers Professorship in Law Donor: Vance K. Opperman Donor: Annabel R. Cornelison Holder: Associate Professor Gregg Polsky The Marvin J. Sonosky Chair in Law The Vaughan G. Papke Clinical Professorship in Law Donors: Marvin and Shirley Sonosky Donors: Vaughan and Eleonore Papke Holder: Professor Michael Tonry Holder: Professor Bradley G. Clary The Melvin C. Steen and Corporate The William S. Pattee Chair in Law Donors Professorship in Law Donors: Pattee and Flavis Evenson Donors: The Sherman Fairchild Foundation Isabel and Vincent Fryer Cargill Foundation Holder: Dean Alex M. Johnson, Jr. 3M Company Foundation and its employees Northwestern National Life Insurance The Maynard E. Pirsig Chair in Law West Publishing Company and its employees Donor: Louise H. Saunders Holder: Professor John H. Matheson

The Popham, Haik, Schnobrich & Kaufman, Frederick W. Thomas Professorship for the Ltd./Lindquist & Vennum Professorship in Law Interdisciplinary Study of Law and Language Donors: Popham, Haik, Schnobrich & Kaufman, Ltd. Donors: O’Connor & Hannan and Lindquist & Vennum Friends of Frederick W. Thomas Holder: Professor Fred L. Morrison Holder: Professor Brian Bix

The William L. Prosser Professorship in Law The Joseph E. Wargo and Anoka County Bar Association Donors: Best & Flanagan Professorship in Family Law Doherty, Rumble & Butler Donors: Family and Friends of Joseph E. Wargo and Felhaber, Larson, Fenlon & Vogt Anoka County Bar Association Henson & Efron Holder: Professor Judith T. Younger Kaplan, Strangis and Kaplan Moore, Costello & Hart The Irving Younger Professorship in Law O’Neill, Burke, O’Neill, Leonard & O’Brien Donors: Family, Friends and Colleagues of Irving Younger Winthrop & Weinstine Holder: Professor Oren Gross Holder: Professor Ruth L. Okediji

Partners in Excellence ANNUAL REPORT 2004–2005 79 Scholarships, Academic Awards and Special Assistance Funds

Each of the following funds created by generous alumni and friends is of immeasurable value in helping the Law School attract and retain outstanding students.

Joseph S. Almas Memorial Scholarship Sherman Fairchild Foundation Minority Law Student Fund Hugh H. Barber Memorial Scholarship David Forman Memorial Scholarship Roger Barrett Scholarship Fredrikson & Byron Scholarship William J. Baudler Memorial Scholarship Harold M. Fredrikson Memorial Scholarship (Founder, Fredrikson & Byron, P.A.) Lee Bearmon Award in Legal Ethics and Professional Responsibility Edward T. Fride and Patricia A. Fride Scholarship Russell M. Bennett Scholarship Charles and Lillian Gay Scholarship Erling Berg Memorial Scholarship Sidney P. Gislason Scholarship Lorraine O. Berman Memorial Scholarship Peter F. Greiner Memorial Scholarship Steven M. Block Memorial Award Halleland, Lewis, Nilan, Sipkins & Johnson Scholarship Earl C. Borgeson Library Scholarship Gerald and Eleanor Heaney Scholarship Walter D. Boutell Memorial Scholarship Henson & Efron, P.A. Scholarship Harlow E. and Jeanne K. Bowes Scholarship Marshall W. Houts Memorial Scholarship Caroline Brede Scholarship The Eric W. Ingvaldson Scholarship Briggs and Morgan Scholarship Curtis L. Jensen Scholarship Montreville J. Brown Memorial Scholarship Patricia A. Johnson Scholarship Charles E. Carlsen Memorial Scholarship C. Paul Jones, Helen F. Jones, Katie & Sara Jones Scholarship Wilbur H. Cherry Memorial Scholarship The Elliot and Eloise Kaplan Scholarship Theodore Christianson, Jr. Memorial Scholarship Sidney J. Kaplan Award Melvin S. Cohen Scholarship Sidney J. Kaplan Legal Scholarship Mary Jeanne Coyne Scholarship James L. Krusemark & Lucille DondoreFamily Scholarship Thomas P. Cranna Memorial Scholarship John Kukowske Memorial Scholarship Norris Darrell Scholarship Dorothy O. Lareau Legal Writing Award Roger L. Dell Scholarship Richard G. Lareau Diversity Scholarship Deloitte & Touche Tax Law Scholarship Law Class of 1924 Memorial Scholarship Homer B. Dibell Scholarship Law Faculty Scholarship James E. Dorsey Scholarship Law Review Memorial Award Everett A. Drake Scholarship Law School Endowment Scholarship Lucy W. Elmendorf Scholarship The Russell Lederman Memorial Scholarship Endowment for Excellence Scholarship Leonard, Street & Deinard Award Faegre & Benson Scholarship Leonard, Street & Deinard Foundation Scholarship

80 Partners in Excellence ANNUAL REPORT 2004–2005 Scholarships, Academic Awards and Special Assistance Funds

Leonard, Street & Deinard Scholarship James E. O’Brien Scholarship Avis and Russell Lindquist Scholarship William R. and Barbara A. Pearce Family Scholarship The Leonard E. Lindquist Scholarship Lloyd R. Peterson & Evelyn Peterson Scholarship William B. Lockhart Scholarship Arthur T. Pfefer Memorial Scholarship Mackall, Crounse & Moore Scholarship Harold J. Richardson Scholarship George E. MacKinnon Scholarship Rider, Bennett, Egan & Arundel Founders Scholarship William M. Mahlum Family Scholarship The Millard H. and Barbara Daily Ruud Scholarship Donald G. Marshall Scholarship Frank G. Sasse Scholarship The Albert & Anne Mansfield Foundation Summer Irving Shapiro Fund to Assist Law School Students Fellowship Program Kenneth and Lillian Smith Scholarship Ralph M. McCareins Memorial Award A. W. Spellacy Memorial Scholarship Kevin D. McCary Memorial Scholarship Melvin C. Steen Scholarship Michael McHale Memorial Scholarship Robert A. Stein Scholarship Gale R. Mellum Scholarship The Mary and McCants Stewart Minority Scholarship Merchant & Gould Scholarship Royal A. Stone Memorial Scholarship Simon Meshbesher Memorial Scholarship Robert Kincade Stuart and Anna Maude Stuart Scholarship Andrew E. Miner Scholarship Faith Thompson Scholarship MIPLA Scholarships for Intellectual Property Graham MacFarlane Torrance Memorial Scholarship Howard W. Mithun Scholarship Walter J. Trogner Scholarship Thomas O. Moe Scholarship William Reynolds Vance Scholarship The John W. Mooty Scholars Fund The Walters Family Scholarship Edmund Morris Morgan Scholarship Judge Betty W. Washburn Scholarship Colonel Charles M. and Elizabeth S. Munnecke Scholarship David K. and Mary G. Wendel Scholarship Weed Munro Scholarship Kent Wennerstrom Memorial Award Edward L. Murphy, Jr. Scholarship The Brig. Gen. Rodger D. Young and Charles Elihu Nadler Award Dorothy L. Young Scholarship Ronald J. Nemer Law Scholarship Gustav E. & Jeannette Zwick Scholarship Roger and Violet Noreen Scholarship

Michael P. Sullivan, Jr., Class of 1996, Gray Plant Mooty “I’m extremely grateful to the University of Minnesota Law School. Besides receiving a great education, which has afforded me a challenging and satisfying career, the Law School introduced me to an incredible group of people, including my wife, Rachna, who I met on the first day of orientation.”

Partners in Excellence ANNUAL REPORT 2004–2005 81 Faculty and Program Support

Donor-supported faculty and program funds advance excellence in teaching, expand learning opportunities for students and faculty, promote scholarly research and stimulate fresh thinking through activities including distinguished visitors programming.

William Anderson Memorial Annuity Trust Fund Leonard, Street & Deinard Wireless Network Caroline Brede Law Library Fund Ronald M. Mankoff Federal Taxation Clinic Ronald E. Budd Memorial Fund Vance K. Opperman Endowment for Excellence Curtis L. Carlson Fund for Swedish Exchange Students Vance K. Opperman Research Scholar Award Philip C. Carruthers Public Interest Law Clinic William L. Prosser Endowment Fund Robert J. Christianson Faculty Fund Robins, Kaplan, Miller & Ciresi Civil Litigation Clinic John Dewey Lectureship in the Philosophy of Law Robins, Kaplan, Miller & Ciresi Public Service Program Excellence in Teaching Fund Melvin C. Steen Faculty Fund Faegre & Benson Lecture Series on Law, Wargo-Workman Audio/Visual Fund Health & the Life Sciences Wells Fargo Law Alumni Mentorship Endowment John K. & Elsie Lampert Fesler Fellowship West Group Legal Art Collection Maynard B. Hasselquist International and Comparative Earl Davis Woolery Law Library Fund Business Law Fund Zimmerman Reed Family Law Faculty Fund Maynard B. Hasselquist Memorial Faculty and Education Fund Horatio E. Kellar Distinguished Visitors Program Fund Stanley V. Kinyon Endowment Fund Robert M. Kommerstad Center for Business Law and Entrepreneurship The Law Alumni Distinguished Teacher Award Leon Liddell Law Library Fund including: Edward and Genevieve Bade Library Fund Caroline Brede Library Fund Maynard and Harriet Pirsig Library Fund Arlette M. Soderberg Library Fund

82 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence ANNUAL REPORT 2004–2005 83 Partners in Excellence Honor Roll Leadership Lifetime Giving

The University of Minnesota Law School gratefully honors its benefactors, whose extraordinary vision and generosity have elevated the quality of legal education and scope of service to society provided by the Law School. Their vital support has enhanced immeasurably the stature of the Law School and its ability to remain a leading force in legal education.

These donors are recognized with deepest appreciation for outright, pledged and deferred giving of $10,000 or more, cumulatively, to the Law School. $2,000,000 OR MORE The Joyce Foundation Jeanne K. Bowes William Anderson Memorial Annuity Trust Lavina Rose Lesser Cargill Incorporated James H. Binger J. Stewart and Mary T. (Mario) McClendon Mary P. Carlsen Eileen H. Buckley The McKnight Foundation Curtis L. Carlson Edna McConnell Clark Foundation Roger F. Noreen Mr. and Mrs. A. W. Clausen Lucille K. Dondore Oppenheimer Wolff & Donnelly Dain Rauscher Foundation Robins, Kaplan, Miller & Ciresi Mr. and Mrs. Marvin J. Sonosky Roger L. Dell Charitable Trust West Group David S. Doty $1,000,000–$1,999,999 Mathilde R. Elliott Mr. and Mrs. Benjamin N. Berger $250,000–$499,999 Lucy W. Elmendorf Otto Bremer Foundation Mr. and Mrs. Russell H. Bennett Exxon Educational Foundation Dorsey & Whitney Edward H. Borkon John K. and Elsie Lampert Fesler Mr. and Mrs. Pattee Evenson Howard E. Buhse Cassius E. Gates Sherman Fairchild Foundation Michael V. and Ann C. Ciresi Keith T. Harstad Mr. and Mrs. Vincent Fryer Annabel R. Cornelison Patricia A. Johnson Curtis B. Kellar Mr. and Mrs. Julius E. Davis Kaplan, Strangis & Kaplan Robert M. and Lila M. Kommerstad Everett A. and Ruth D. Drake Stephen F. and Mary D. Keating The Kresge Foundation The Ford Foundation W. M. Keck Foundation James Annenberg Levee/Polly Annenberg Levee Charles R. and Lillian R. Gay David A. and Barbara G. Koch Charitable Trust Elliot S. Kaplan Paul W. and Helene R. Lohmann John W. Mooty Foundation Trust Earl R. Larson and Cecill C. Larson Ronald M. Mankoff John and Jane Mooty Leonard, Street & Deinard Dennis M. Mathisen and Gail Mathisen Bruce W. Mooty Lindquist & Vennum Merchant & Gould Gray, Plant, Mooty, Mooty & Bennett Catherine A. Ludden Walter F. and Joan Adams Mondale Charles Stewart Mott Foundation The Albert & Anne Mansfield Foundation Charles M. and Elizabeth S. Munnecke Vance K. Opperman William J. McGinnis Emily Abbott Nordfeldt Louise H. Saunders Donald G. McNeely/Lee and Rose Warner Northwest Airlines Irving S. Shapiro Foundation O’Connor & Hannan Kenneth R. Smith Northwest Area Foundation Evelyn M. Peterson Toyota Motor Corporation Open Society Institute John S. Pillsbury, Jr. Vaughan G. Papke Maynard E. Pirsig $500,000–$999,999 The Pew Charitable Trusts Popham, Haik, Schnobrich & Kaufman Caroline Brede Frederick L. Thorson Paula Karen Richey and S. Walter Richey Briggs and Morgan West Publishing Company Clinton A. Schroeder Faegre & Benson Shaler Adams Foundation Fredrikson & Byron Foundation $100,000–$249,999 Smith Richardson Foundation Harold M. and Rada N. Fredrikson Russell M. Bennett II Street Law, Inc. Alfred and Ingrid Harrison Sanford Berman E. Thomas and Susan Sullivan

84 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Leadership Lifetime Giving

Edith P. Wargo Gerald E. Magnuson David M. Beadie Jeffrey H. Wessel Maslon, Edelman, Borman & Brand Lee and Barbara Bearmon Winthrop & Weinstine Meagher & Geer James Ford Bell Foundation Mike and Judy Wright The John Merck Fund Peter H. Benzian Judith T. Younger Joyce Mertz-Gilmore Foundation Erling Berg Zelle, Hofmann, Voelbel & Gette Howard W. Mithun Steve and Sara Bergerson Zelle & Larson Fred L. Morrison Michael S. Berman Moss & Barnett Alfred W. and Katharine P. Bowen $50,000–$99,999 The Laura Jane Musser Fund Richard A. Bowman Kenneth M. Anderson Northwestern National Life Insurance Company David R. Brink Best & Flanagan Lucile Sasse O’Connor John P. Byron E. T. Binger and Rebecca Rand Dwight D. Opperman C F I Proservices System Patrick & Aimee Butler Family Foundation William R. and Barbara Ann Pearce C T Corporation System Philip C. Carruthers Mildred C. Peterson The Annie E. Casey Foundation Melvin S. and Eileen Cohen Reliastar Foundation Ralph D. Casey Consortium of the University of Washington Rider, Bennett, Egan & Arundel Robert J. and Louise B. Christianson Metropolitian Area Jean Roberts Citicorp-Citibank DePaul University College of Law-International Ruth Roberts Charles M. Dale Doherty, Rumble & Butler Solly Robins Mr. and Mrs. Norris Darrell J. F. & B. F. Dyer Foundation The Rockefeller Foundation Lawrence A. Davis Exxonmobil Foundation Millard H. and Barbara D. Ruud Deloitte & Touche Foundation First Bank National Association Richard M. and Sandra J. Schulze John Dewey Foundation Murray L. Galinson/Weingart Foundation The Stanley Foundation William E. Drake General Mills Foundation Mr. and Mrs. Melvin C. Steen Stanley Efron Richard L. Gill Robert A. Stein Alan C. and Lollie Eidsness Halleland, Lewis, Nilan, Sipkins & Johnson Ralph L. Strangis Frank S. Farrell Terrance and Ruth Hanold 3M Foundation David and Elizabeth Fesler Ronald S. Hartwick US Bancorp Foundation John F. Finn, Jr. and Mary A. Finn Gerald W. and Eleanor R. Heaney Joe A. and Lois C. Walters Katherine Stewart Flippin Henson & Efron I. S. Weissbrodt David C. Forsberg Honeywell Foundation Wells Fargo Bank Minnesota/ Donald M. and Arvonne S. Fraser IBM Corporation Wells Fargo Foundation Robert D. Furst/ Samuel L. Kaplan WMX Technologies The Furst Foundation Richard S. and Elizabeth L. Kinyon Working Assets F. Kelton Gage David V. Lee Gislason, Dosland, Hunter & Malecki Matthew J. & Jeanne L. Levitt $25,000–$49,999 John C. Goetz Leon M. Liddell Lauress V. and Chloe Ackman Polly W. and Frank N. Graham Russell W. and Avis Lindquist ADC Telecommunications Jim and Sharon Hale Helen E. and Daniel T. Lindsay American Bar Association George E. Harding Walter S. Lundeen Mr. and Mrs. Carl M. Anderson Charles J. Hauenstein John D. and Catherine T. MacArthur Foundation Beverly Balos and Mary Louise Fellows Louis W. Hill, Jr. Betty MacKinnon Andris A. Baltins Mr. and Mrs. Marshall W. Houts

Stephen Befort, Class of 1974, University of Minnesota Law School

“Remembering the generous financial assistance that made Law School possible for me, makes it all the more important to help provide for a new generation of University of Minnesota students.”

Partners in Excellence ANNUAL REPORT 2004–2005 85 Partners in Excellence Honor Roll Leadership Lifetime Giving

C. Paul and Helen Jones Arthur Andersen & Company Richard J. FitzGerald Harvey F. Kaplan Lincoln L. Arnold Noel C. Fleming Sheldon Kaplan The AT&T Foundation Ford Motor Company David Karan Ronald Aucutt Reginald B. Forster Thomas R. King BankAmerica Foundation William E. Fox Mr. and Mrs. Victor H. Kramer Roger S. and Barbara J. Barrett Leland J. Frankman James W. Krause Katherine E. Baudler Patricia A. Fride John Kukowske Timothy W. Bellows Gerald H. Friedell Richard H. Kyle Patricia L. Belois Terence M. Fruth and Mary McEvoy Lexis Document Services Nancy S. Bender-Kelner and Barry A. Kelner Mr. and Mrs. Stephen F. Gallagher Librasoft G. Jean Berman Joseph Gallo Greer E. and Mary M. Lockhart Bertin A. Bisbee Michael J. Galvin William M. Mahlum James J. Blanchard Thomas W. Garton John and Judy Matheson Edward J. Blomme Henry J. Gette George T. McDermott/ Raymond A. Bogucki Edward M. Glennon McDermott Private Foundation E. Lawrence Brevik Richard D. Goff Daniel W. McDonald Lawrence C. Brown Mr. and Mrs. Richard B. Goode The Michael McHale Memorial Scholarship Fund Mr. and Mrs. Eli Budd Avron and Bari Gordon Gale R. Mellum Linda J. Budd John D. Gould Peter A. Michalski John R. Bultena Graco Foundation The Miller & Chevalier Charitable Foundation Arthur A. and Rutilia Burck Vinod Gupta The Minneapolis Foundation Burlington Resources Foundation Gregory D. Gustafson Minnesota Intellectual Property Law Association Bruce Burton Robert A. and Jean A. Guzy Mitakuye Oyasin (All My Relations Fund) David R. Busch Emanuel Gyler Thomas J. Moore Castine Research Corporation Earl L. and Sara F. Hacking Edward L. Murphy, Jr. Frank C. and Ingrid Claybourne Elie Halpern Joseph T. O’Neill Bruce E. Clubb C. Blaine Harstad and Karyne Harstad Gregg and Laverne Orwoll Ralph H. and Zola Comaford Lorraine S. Hasselquist Kirk A. Patrick Commercial Finance Association Maynard B. Hasselquist Edward J. Phillips Jan M. Conlin and Eugene F. Goetz Gary J. Haugen Curtis L. Roy James Patton Corson Eugene L. Heck The Saint Paul Foundation Martin J. Costello John C. Hedberg Robert P. Sands Charles A. Cox Robert A. Heiberg Frank G. Sasse Barbara Jean D’Aquila Samuel D. Heins Ronald L. Seeger R. Scott Davies Robert J. and Mary Ellen Hennessey Michael R. Sieben Stephen J. Davis Lawrence T. Hofmann Mr. and Mrs. Henry N. Somsen The Decade of Human Rights, Inc. Thomas E. Holloran Gretchen and Dan Starks Deluxe Corporation Foundation Dennis A. Homerin Harold E. Stassen Charles F. Diessner Thomas R. Hood Michael P. and Marilyn Sullivan Joseph T. and Eugenia C. Dixon Larke L. Huntley John J. Swenson William T. and Mary Dolan R. Ann Huntrods George J. Tichy II Robert F. Donlan Charles T. Hvass, Sr. Carol B. and Lynn G. Truesdell Terence N. and Judith Doyle Don G. and Lynn Jacobson William A. Whitlock Gerald S. Duffy Jeanne M. Jensen Elizabeth A. Woolery Dun & Bradstreet Corporation Michael H. Jeronimus Rodger D. Young Mr. and Mrs. Hyman Edelman Alex M. Johnson, Jr. and Karen J. Anderson William T. Egan Paul O. Johnson $10,000–$24,999 Donald E. and Lydia K. Engebretson William A. Johnstone Michael J. Adams Robert A. Engelke Duane E. Joseph Air Products & Chemicals, Inc. Ernst & Young Foundation William J. Keefer Richard B. Allyn Raymond J. Finley David E. Kelby Milton H. Altman First Bank System Foundation John D. Kelly

86 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Leadership Lifetime Giving

John B. King National Center for Human Rights Education Ronald L. Simon Mrs. Marian S. Kinyon James M. Neville John G. Skogmo Peter R. and Patricia D. Kitchak D. James and Jo Nielsen Smikis Foundation Frank T. Knox Michael T. Nilan Dean E. Smith Frank B. Krause Northeast Securities Corporation Sonoma County Community Foundation Robert S. and Elaine V. Krause Mr. and Mrs. Francis J. O’Brien Warren R. Spannaus Richard E. Kyle Patrick J. O’Connor Leo G. Stern Alan Lareau Cole Oehler The Mary McCants Stewart Foundation James P. Larkin Patricia A. O’Gorman Edward C. Stringer Stig A. Larson Pam Olson and Grant Aldonas Marcus G. Sundheim Donald C. Levin Michael F. Orr Burt E. Swanson Lexis-Nexis Philip J. Orthun James S. Swenson D. Kenneth Lindgren, Jr. Robert J. Owens Maurice C. Swope Mr. and Mrs. Leonard E. Lindquist Joseph R. Parker/The Joseph R. Parker Foundation Pieter J. Teeuwissen William B. Lockhart Richard G. Pepin, Jr. Thompson & Klaverkamp Mackall, Crounse & Moore Mrs. Frances Perkins Helen B. Tormoen Harry H. MacLaughlin Linda and Lawrence Perlman Tozer Foundation Richard G. Mark Family Foundation Robert H. and Ruth Tucker Phillip H. Martin Felix M. Phillips United Nations Children Fund Jack and Vivian Mason Delila F. Pierce Uppsala University Joseph Mast James B. Proman U S West Foundation Mr. and Mrs. Joseph A. Maun Richard S. Prosser Richard L. Voelbel Max-Planck-Institut Dean D. Ramstad James L. Wanvig Richard C. Maxwell Walter C. Rasmussen Frank B. Weck Mayer, Brown, Rowe & Maw Paul H. Ravich David K. and Mary G. Wendel Mrs. Jeanne McCareins James D. Rogers Benjamin S. West The Medtronic Foundation Stuart Rothman Dobson and Jane West Joseph S. Micallef Charles Rubenstein R. Sheffield West Russell V. Michaletz Steven M. Rubin Weyerhaeuser Family Foundation Martha A. Mills Theophil and Florence Rusterholz Robert B. Whitlock Shuichi and Pearl Miyasaki The Ryan Companies Arthur B. Whitney Glen Moe Mr. and Mrs. Moe Sabes O. Meredith Wilson James D. Moe Mr. and Mrs. Robert Sabes John W. Windhorst Thomas Moe Allen I. Saeks Linda I. and Stephen B. Workman Moore, Costello & Hart Eric F. Saltzman Lawrence Zelle Rebecca Egge Moos Jack and Joyce Sampson Zimmerman Reed J. P. Morgan & Co. John T. and Lorraine R. Schueller C. Robert Morris Ronald J. Schutz William E. Mullin Walter R. Severson Daniel H. Mundt Owen E. Shaffer Lois A. Murray Jeffrey F. Shaw Donald M. Murtha Harold H. Sheff

John J. Swenson, Class of 1967, Gibson Dunn & Crutcher “The University of Minnesota Law School has always been a unique place for me. Its professors taught me the fundamentals of the profession I have loved for thirty-eight years. It gave me friendships that have lasted a lifetime. It is a place of which we can all be proud.”

Partners in Excellence ANNUAL REPORT 2004–2005 87 Partners in Excellence Honor Roll Annual Giving

The William B. Lockhart Club was established in 1973 by the Law School to honor individuals who contribute an annual gift of $1,000 or more The Law School gratefully recognizes the 2004–05 members of the William B. Lockhart Club whose gifts were received between July 1, 2004 and June 30, 2005.

FRASER SCHOLARS SOCIETY Rodger D. Young James J. Bender David S. Doty $10,000 + Lawrence Zelle Nancy S. Bender-Kelner and William E. Drake Anonymous Donor Barry A. Kelner Gerald S. Duffy Michael V. Ciresi BARRISTERS CIRCLE Robert Bennett Charles A. Durant Isabel J. Fryer* $2,500–$4,999 Russell M. Bennett William T. Egan Murray L. Galinson James J. Bender Michael S. Berman Robert A. Engelke Richard L. Gill Eugene T. Binger and Rebecca Rand Norman P. Bjornnes, Jr. Jonathan D. Eoloff Stephen F. Keating* and David R. Brink James J. Blanchard James C. Erickson Mary D. Keating Jan M. Conlin Edward J. Blomme Larry S. Fields James W. and Roselyn Krause Stanley Efron Raymond A. Bogucki Bruce A. Finzen William M. Mahlum Alan C. and Lollie Eidsness Earl C. and Barbara J. Borgeson Bradley A. Forrest Dennis M. and Gail Mathisen Lawrence J. Field Thomas H. Borman Leland J. Frankman J. Stewart and Mary T. Robert D. Furst Lawrence C. Brown Gerald H. Friedell (Mario) McClendon Eugene F. Goetz William B. Brown Terence M. Fruth and Mary McEvoy Daniel W. McDonald Jon M. Hopeman John R. Bultena Eugene R. Gaetke Jacqueline S. Mithun Alex M. Johnson, Jr. and Ann M. Burkhart Michael J. Galvin Paula K. Richey and S. Walter Richey Karen J. Anderson John P. Byron Philip S. Garon David D. and Martha E. Kadue Philip C. Carruthers Charles A. Geer DEANS CIRCLE Samuel L. Kaplan Dale A. Chapman Richard D. Goff $5,000 + Curtis B. Kellar James R. Cho Steven H. Goldberg Peter H. Benzian Russell V. Michaletz James L. Chosy Joseph C. Gonnella Valerie K. Doherty Thomas O. Moe James B. Clark and Maura B. O’Connor Gerald P. and Patrice A. Halbach Henry J. Gette Thomas J. Moore Alden W. Clausen Elie Halpern Gregory D. Gustafson Patricia A. O’Gorman Bruce E. Clubb Jean E. Hanson James T. and Sharon Hale Kirk A. Patrick Thomas A. Clure George E. Harding Samuel D. Heins Richard G. Pepin, Jr. Melvin S. and Eileen Cohen Richard A. Hassel Lawrence T. Hofmann Ronald J. Schutz Elizabeth M. Collins and Charles J. Hauenstein Thomas R. Hood John G. Skogmo George F. Stroebel Gary J. Haugen Patricia A. Johnson William L. Tilton Martin J. Costello Eugene L. Heck Duane E. Joseph Terry L. Wade J. Kevin Costley Carrie A. Hefte Lila Kommerstad Barbara Jean D'Aquila Robert A. Heiberg Peter A. and Jo Michalski LOCKHART MEMBER R. Scott Davies Joan L. Heim Allen L. and Linda Saeks $1,000–$2,499 Mrs. Julius E. Davis Robert J. and Mary Ellen Hennessey Michael R. Seiben Michael J. Adams Steven D. De Ruyter Joseph F. Herrick Daniel J. and Gretchen Starks Grant D. Aldonas and Pamela F. Olson Robert E. Dean Thomas E. Holloran Robert A. Stein Anonymous Donor Patrick J. Delaney Joan Howland Maurice C. Swope Ronald D. Aucutt Joseph T. Dixon, Jr. and Larke L. Huntley Richard L. Voelbel William L. Ball Eugenia C. Dixon Don Jacobson Elizabeth Woolery* Lee Bearmon Jill T. Doescher Gary R. Johnson Michael and Judy Wright Stephen F. Befort Robert F. Donlan William A. Johnstone

88 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Annual Giving

C. Paul Jones Walter F. and Joan A. Mondale Jon Sabes Randall E. Kahnke Rebecca Egge Moos Robert P. Sands Harvey F. Kaplan John W. Mooty Mahlon C. Schneider William J. Keefer C. Robert Morris Clinton A. Schroeder David E. Kelby William E. Mullin Robert J. Schroeder John D. Kelly Daniel H. Mundt Harold H. Sheff Jay L. Kim Edward L. Murphy Ronald L. Simon Thomas R. and Jean King Charles N. Nauen and Patti Jo Pofahl Richard B. Solum Richard S. and Elizabeth L. Kinyon James M. Neville Warren R. Spannaus Muria Kruger Judith L. Oakes Ralph L. Strangis E. Richard Larson Kevin T. O'Malley James Strother and Denise Mollen Raymond M. Lazar Joseph T. O'Neill Mary E. Stumo David V. Lee Dwight D. Opperman E. Thomas Sullivan Jeannine L. Lee Vance K. Opperman Michael P. Sullivan David L. Lillehaug Gregg S. and Laverne F. Orwoll Michael P. Sullivan, Jr. and Russell W. and Avis Lindquist Robert J. Owens Rachna Bhatia Sullivan William A. Lindquist Penny L. Parker Burt E. Swanson Greer E. and Mary Lockhart Jeffrey S. Paulsen John J. Swenson Catherine A. Ludden William R. and Barbara Pearce Tony J. Tanke Charles E. Lundberg Daniel R. Pennie Catherine A. Taylor Harry H. MacLaughlin* Robert R. Pflueger George J. Tichy II R. Hugh Magill Richard L. Post Ralph S. Tillitt Gerald E. Magnuson James B. Proman Carlton A. Varner Ronald M. Mankoff Gregory J. Pulles George F. Vogel Richard G. Mark Paul H. Ravich Thomas M. Vogt Phillip H. Martin Karen Reierson James Von Geldern Vivian Mason Liza G. Ring William A. Whitlock John and Judy Matheson Lynn M. Roberson John W. Windhorst Richard C. Maxwell Paul E. Rockne Bruce J. Wojack William J. McGinnis James D. Rogers Richard P. Wright Gale R. Mellum Curtis L. Roy Ronald I. Meshbesher Charles Rubenstein *Deceased Martha A. Mills Steven M. and Wendy Rubin Shuichi and Pearl Miyasaki Stacy D. Rubsam and Betsy Draxten Laura K. Mollet Barbara D. Ruud

Douglas R. Nemec, Class of 1996, Skadden, Arps, Slate, Meagher & Flom LLP

“From my very first day of practice, my Law School education prepared me to deal with the most sophisticated legal issues. And to this day, I continue to draw on the wisdom my Law School professors imparted.”

Partners in Excellence ANNUAL REPORT 2004–2005 89 Partners in Excellence Honor Roll Annual Giving by Source

ANNUAL GIVING KEY James G. Miles Mary G. Lee Aaron Blower Lockhart Fraser Scholars Society...... $10,000+ Vernon A. Nordaune Martha A. Martin Erin Blower Laura Ranum Louis J. Moriarty Mr. and Mrs. William Bomash Lockhart Deans Circle...... $5,000–9,999 Bruce C. Recher Ann Moynahan Reggie Bowerman Lockhart Barristers Circle ...... $2,500–4,999 Emily F. Seesel Franklin L. Noel Melanie Bradshaw Lockhart Member...... $1,000–2,499 Paul D. Weill Thomas R. O’Brien Mychal A. Braggeman Counselor ...... $500–999 Claire Olson Catherine Brown Associate ...... $250–499 Associate Myron Orfield Heidi Lynn Brown Mark S. Abner Fellow ...... $100–249 Sandi K. Peaslee Darcy Gilbert Burke Brian Bix Mr and Mrs. Howie Pfefer Dana Buska Advocate...... $1–99 Laura J. Cooper Mr. and Mrs. George Pillsbury Liz Callahan FRIENDS Mary Ellen Hennessey John J. Cound Dori Benesh Refling Nathan Campeau Joan Howland Lois I. Cruikshank Paul J. Rocheford Julie Carpenter Lockhart Fraser Jean King Matthew E. Damon Martha P. Rogers Katherine Castille Scholars Society Elizabeth L. Kinyon Mary L. Fellows Eldo J. Spencer, Jr. Aaron Chapin Donor Anonymous David L. Lillehaug Cynthia M. Johnson David P. Weill Paul Chausse Isabel J. Fryer* Avis Lindquist John McCareins David S. Weissbrodt John H. Choi Mary D. Keating Mary Lockhart R. Mark McCareins Sandy Choi Roselyn Krause Vivian Mason Andrea Nordaune Advocate Carol Chomsky Gail K. Mathisen John and Judy Matheson Arlette M. Soderberg Lori J. Abbott Tom Church Mary T. (Mario) McClendon Mary McEvoy Lydia J. Vaias Anjali Aggarwal Michael Chutich Jacqueline S. Mithun Pearl Miyasaki Mr. and Mrs. William F. Walker Allison Albritton Margaux K. Coady Denise Mollen Kathleen Westover Ian Alexander Michael Cockson Lockhart Deans Circle Joan A. Mondale Elicia Allen Colleen Coleman Sharon Hale C. Robert Morris Fellow Amy Anderson Richard Coller Patricia A. Johnson Dwight D. Opperman Myrna Aldrich Ryan Anderson Rina M. Cooper Lila Kommerstad Laverne F. Orwoll Michele Alwin Brian L. Aust Sean Copeland Jo Michalski Jeffrey S. Paulsen Katherine H. Anderson Josh Avery Ana Corson Linda Saeks Barbara Pearce Angela Bursch Jill Baker Sarah Crangle Gretchen Starks Patti Jo Pofahl Marcia Canin Jeannine Balfour Dawn Currier Elizabeth A. Woolery* Wendy Rubin Amanda M. Cialkowski Leiah M. Balsis Tom Daigle Judy Wright E. Thomas Sullivan Richard F. Corson Barney Barrie Michelle Dawson Richard P. Wright Dale C. Dahl Anna Bartholome Brad Delapena Lockhart Barristers Circle Nancy Devine Dana Bartocci Rob Delaune Lollie Eidsness Counselor Charles S. Ferrell Alissa Basil Frank DeLeon Alex M. Johnson, Jr. and Eli Budd John A. Fitchette Ashley J. Beasley Jennifer L. Derryberry Karen J. Anderson Linda J. Budd David Gehring Caroline Beckman Katharine Deters Rebecca Rand Maureen Cosgriff Anne K. Gilbert Dennis Beckman Donna J. Dingle Bari Gordon Mr. and Mrs. Douglas Gillespie Scott Beers Jonathan Drewes Lockhart Members Douglas A. Hedin Kent Handel Abigail Benson C. Elaine Dunbar Barbara J. Borgeson Steven J. Johnson Karyne K. Harstad Amy L. Bergquist Elizabeth Duncan Ann M. Burkhart Victor H. Kramer Angela Huckleby John Bevan Katrina Eggink Eileen Cohen Steven P. Lapinsky Matthew E. Johnson Jacque Biebe Jennifer Eichten Mrs. Julius F. Davis Anthony A. Lusvardi Vanessa L. P. Johnson Paul Biestek PJ Eichten Eugenia C. Dixon Pamela Maloney William N. Kelly Diane Blocher Bischel Ann Ekisola Betsy Draxten Jeanne K. McCareins Carl B. King Brooke Bishop Nancy Elliott Bruce A. Finzen David M. Lebedoff

90 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Giving by Source

Sara Elliott Christopher Hawes Dianna L. Kennedy Betty Fletcher Mast Kamie B. Page Elizabeth Eyre Megan Healy Sarah Kenner Monica McNaughton Brenna Peterkin Thomas W. Eyre, Sr. Douglas A. Hedin Vladimir Kezuikov Cheryl L. McBride Scott Peterkin Thomas W. Eyre, Jr. Nora Hedling Kristen A. Kingsbury John McCarthy Hannah Peterson Sheila Fahey Christopher Heeb Brooke Kirkham Maureen McDonnell Kris Peterson Nichole J. Farago Carl E. Heiberg Colleen E. Klungseth Lawrence R. McDonough Renee Peterson Patricia Feghali Laura Henderson Tove J. Kooda-Bolin Kimberly McHugh Shaun Pettigrew Carla Ferrucci Ben Hendrick Michael J. Kuffel Patrick H. McLoughlin Julie B. Pfefer Sherri Feuer Phillip S. Hensley Brita B. Kukich Tanya Mears Julie Pierce Nick Filer Darren R. Hepper Chris Kunz Bryce Miller Frank Pitsoulakis Ric Fohrman Rebecca R. Hepper Elizabeth A. Kuusisto Jessica Molyneaux Thomas Pokora Jacquelyn C. Forrette Richard R. Herod III Andrea L. LaNasa Brian Morrison Katherine Pollex Amber M. P. Fox F. Allen Hester Janine A. Laird Rachel Morrison Sarah Pollex Greg Gaffaney Renee C. Hickerson Maury S. Landsman Shilesh Muralidhara Susan Pollex Susan R. Gainen Melissa Hill Kathleen Laramy Neil T. Naftalin Teri Pullen Abby Gambrel William D. Hittler William Laramy Amanda Nagel Lesli Rawles Lucas Garrett Joseph D. Hodler Erik Larson Bennett Nason Lindsay Read Jenny Gassman-Pines Trisha Hoel Brian Laule Jay Nelson Michael Reif Carolyn Gauff Roseanne M. Hope Joe Lee Jeremy Nelson Atlee Reilly Matthew A. Gehring Jennifer Huang Holly M. Leighton Scott Nelson Kelly Reisdorf Elizabeth Geiger Sara J. Hunt David Leishman Angela Ni Nancy Reszetar Steve A. Gelinske Brian D. Husbands Dorothy H. Lesher Erin Nichols John Rhodes Bridget C. Gernander Jason Illstrup Robert J. Levy Julie Nilsson Elizabeth Riedl Alex Gese Corinne Ivanca Marta K. Lewinski Jenny Nolin George Riedl Eric Geurkink Blake Iverson Talis Lin Tracey Nooner Joan Riedl Natalie Gille Harriet R. Jardine Steven B. Liss Dar Nubson Jennifer Rogers Kirt Goetzke Jeremy R. Jenkins Chia-Yin Lo Kristin A. Odegaard Les P. Rogers Deb J. Gormley Jesse J. Johannesen Maggie Lockner Gail E. Ohly Louise Rogers Anna Gram Christine Johnson Jim Lokensgard Paul M. Ohly Martha P. Rogers Jeffrey Gram Jessica Johnson Linda Lokensgard Rachel A. Ohly George Rosar Daniel Gray Mary Swigart Johnson Sara E. Lommel Jennifer Ohme Jerry Rosenzweig David G. Gray Robert Johnson Nathaniel Longley Erin O’Leary Constance J. Russell Kathleen Gray Kristin Johnstad Rebecca A. Lucero Gregory A. Olson Kelly Russell Christopher C. Grecian Katherine Jolly Liberty Lucken Tom R. Olson Hassan Saffouri Jason J. Grinstead Anthony F. Jones Jennifer Luhrs Annie Kathleen O’Neill G. H. Salmi Leah Gruenke Mark Julin Mark Macevicz Tim O’Neill Jarred L. Sampson Scott Gruenke Phyllis Kahn Mark Mah Mark Oreschnick Samuel Sands Rachel L. Gruidl Jenna Kalfsbeek Joan Maharas Pam Oreschnick James Sanft Bonnie Grzeskowiak Amol H. Kavathekar Scotty Mann Shirley M. Osborne Gregory P. Sautter Gordon Hage Kelly Keegan Brian Manning Carol Osborne-Sheets Dean Schiro Shawn Haghighi Noah J. Keitel Steven Marchese Heather Ostergren Dave Schmerfeld Katie Hahn Laurie Kellogg Rob Martin Justin Page Erica J. Schmidt Jessica Halter Scott Hammel Christina M. Szitta, Class of 2002, Associate Attorney, Faegre & Benson LLP Steven B. Hanke Steven Hanson “I started contributing to the law school financially shortly after I graduated because the school Julia Harrington gave so much to me. I received a great education from professors who love to teach. My Will Harrington classmates are already starting to do great things in private practice and public service. The Law Nicole Harris School prepared us to be great lawyers and active, thoughtful members of the legal community.” Marie Harvat Barbara R. Hauser

Partners in Excellence ANNUAL REPORT 2004–2005 91 Partners in Excellence Honor Roll Giving by Source

Evy Schneider Richard Van Sickle Law Firms Corporations and V. H. Designs Nick Scholer Heather Van Vugt Best & Flanagan, LLP Corporate Foundations Wells Fargo Foundation Kari Schott Michael Vicklund Briggs and Morgan, PA American Express Foundation West Group Scott Schraut Jason T. Villar Dorsey & Whitney Amerisure Companies Xcel Energy Clinton J. Schult Harriet Van Vleck Faegre & Benson, LLP ConocoPhillips Co. Erin R. Schulte Heather R. Vlieger Fish & Richardson, PC Deloitte & Touche Foundation Private Foundations and Sarah Schwenker Ed Vogel Flynn, Gaskins & Bennett, LLP Deluxe Corporation Organizations Shaw W. Scott Jane Vogel Fredrikson & Byron, PA Foundation American Association of University Women– Kathryn J. Sedo Al Vredeveld Gray, Plant, Mooty, Dow U.S.A. Minnesota Branch Emily F. Seesel Rick Wachsmuth Mooty & Bennett Eli Lilly and Company Foundation Bill and Marcia Ball Laura Severson David Wakefield Greene Espel, PLLP Ernst & Young Foundation Charitable Fund-Ayco Ryan Shannon Sam Walling Gregerson, Roscoe, Charitable Foundation Johnson & Nilan, LTD Exxon Educational Foundation Larry Shelley Azur Walters Lee and Barbara D. Bearman ExxonMobil Foundation Jessica Sherman Diane R. Walters Halleland Lewis Nilan & Family Charitable Fund Johnson PA First Data Western Union Eugene C. Shermoen, Jr. Kris Wammer Bolder Options Hansen, Dordell, Bradt, Foundation Anna E. Shimanek Kevi K. Washburn Otto Bremer Foundation Odlaugh & Bradt, PLLP Ford Motor Company Shayna Sigman Jonathan Weill Chomicz Family Foundation Henson & Efron General Mills Foundation Seth Skiles Michelle Weinberg Class of 2005 Larkin, Hoffman, Daly & General Motors Foundation Aine Skow Greta Weiss Melvin S. Cohen Foundation Lindgren, LTD GMAC-RFC Employee Gregory Smith Mary Wellman Leonard, Street and Deinard Charitable Giving Program Committee to Re-Elect Judge Greenberg Tony Smith Kevin Wells LeVander, Gillen and Miller, PA IBM Corporation CTR-Computer Assisted Legal Rochelle Snell Margery Wells Lindquist & Vennum, PLLP J. P. Morgan Chase Foundation Instruction J. M. Bo Snuggerud Ashley A. Wenger Maslon, Edelman, Borman Kimberly-Clark DePaul University College of Cherie M. Sohnen-Moe Bonnie West & Brand, LLP Foundation, Inc. Law–International Human Timothy Spence Jennifer Westendorf Mayer, Brown, Rowe & Maw Minnesota Intellectual Rights Institute Eldon J. Spencer, Jr. Diane M. Weyrens Property Law McQuireWoods LLP Elmore Foundation of The Association, Inc. Bruce Stahlberg Adam White Meagher & Geer, PLLP Saint Paul Foundation Mississippi River Trail Inc. Eric Stephens Terri R. White Merchant & Gould, P C Endowment Foundation UJA Bradley Stish Robert L. Whitener Moss & Barnett, PA Northern Trust Co. Federation of Northern Charitable Trust Alison K. Stover Miles Widstrom Oppenheimer Wolff & New Jersey Mark Strahar Marisa Wiesman Donnelly, LLP Northwestern Mutual Life Zabel and Charles A. Geer Insurance Co. Shata Stucky Jeanne M. Wiger Patterson, Belknap, Webb & Family Fund of The Olympic Wall Systems Inc. Joni Sucket Robert G. Wilkinson, Sr. Tyler, LLP Minneapolis Foundation P P G Industries, Inc. Amanda Svedarsky Elizabeth M. Will Ravich, Meyer, Kirkman, Terence Fruth & Mary McEvoy Pella Corporation Family Fund of the Andrew Sveen Audra Williams McGrath & Nauman, PA RBC Dain Rauscher Inc. Minneapolis Foundation Erik Swanson Robert Williams Rider, Bennett, LLP Sentry Foundation Ing Foundation Paula Swanson Robert Q. Williams Robins, Kaplan, Miller & Ciresi, LLP Shell Oil Company Institute of International Thomas Swanson Beverly Wilson Winthrop & Weinstine SPX Foundation Education Alison Talley Daniel J. Winderl Zelle, Hofmann, Voelbel & Tate & Lyle North America International Leadership Steve Tang Joseph Windler Institute Gette, LLP The AT&T Foundation Rhoda Tenuta Phil Winger Jared M. Lans Donor Advised Zimmerman Reed, LLP The Ford Foundation Peter L. Tester Kent G. Wood Fund of the Endowment The Johnson Wax Fund, Inc. Katie Thiele Nick Woomer Foundation of USA The Medtronic Foundation Federation of Bergen Lisa Thompson Halina Yarr Thomson-West County and North Hudson Thomas Thoresen Alice Yi 3M Foundation, Inc. Maxwell School of Syracuse Kristine Toguchi Scott Young Thrivent Financial Lutherans University Nathan Tourville Rosemary A. Zarrella Toyota Motor North Mankoff Family Foundation Martha Trowbridge Scott D. Zieman America, USA Minnesota State Bar Tony Trowbridge James P. Zimmerman United States Steel Association Roy Tschida Foundation, Inc. Laura Jane Musser Fund Paul J. Urbanski Universal Entertainment Joseph T. O’Neill Fund of The Sage Van Voorhis Saint Paul Foundation

92 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Giving by Source Pepin Family Fund of The Faculty and Staff ALUMNI BY CLASS Fellow Lockhart Member Minneapolis Foundation Dana Bartocci Class of 1927 Leroy S. Merrifield Joseph F. Herrick Public Interest Law Students Stephen F. Befort Fellow Advocate Richard C. Maxwell Association Brian Bix Benno F. Wolff John F. Thoreen Counselor Wendy and Steve Rubin Ann M. Burkhart Laura H. Miles Family Fund of The Saint Paul Foundation Carol Chomsky Class of 1930 Class of 1942 Associate Allen and Linda Saeks Family Bradley G. Clary Fellow Lockhart Fraser Gene W. Halverson Fund of The Minneapolis Laura J. Cooper Robert M. Russell Scholars Society Roderick A. Lawson John J. Cound Stephen F. Keating* Foundation Fellow Dale C. Dahl The Furst Foundation Class of 1932 Fellow John A. Bauman Barry Feld The Freddie Mac Foundation Associate Fred W. Fisher Myron H. Bright Mary Louise Fellows The Hays Group Thomas A. Flynn William Seltz Maurice O. Nelson The Albert & Anne Mansfield Amber M. P. Fox Advocate Advocate Foundation Susan Gainen Class of 1937 J. Kenneth de Werff Robert M. Austin The McKnight Foundation Barbara R. Hauser Associate Bernard Mogol Roy W. Holmquist The Minneapolis Foundation Joan Howland Edward E. Coleman Joseph A. Katz The Saint Paul Foundation Angela Huckleby Class of 1943 The Sissel Charitable Fund of Alex M. Johnson, Jr. Class of 1938 Associate Class of 1948 the Ayco Charitable Sara Jones Foundation Advocate Elsie M. Wolf Counselor Erin M. Keyes The Strangis Family Fund of Brantly P. Chappell Fellow Sheldon J. Gensler Victor H. Kramer The Minneapolis Frank Claybourne Associate Foundation Janine Laird Class of 1939 Ruth J. Harris George X. Connor United Nations High Maury S. Landsman Fellow Advocate Donald M. Fraser Commission Robert J. Levy Donald E. Engebretson Mary L. Soddy William T. Hedeen Weingart Foundation Scotty Mann Robert L. Speeter Martha Martin James H. Kamo Advocate Class of 1944 Steven Marchese Robert I. Lang Bernard W. Levander John H. Matheson Lockhart Member David J. Markun Irving J. Wiltrout Meredith McQuaid John W. Mooty Fellow Maurice P. Wolk Terri Mische Barbara D. Ruud Richard W. Anderson Fellow Hosmer A. Brown C. Robert Morris Class of 1940 Julie Nilsson Harold J. Rosen Milton W. Kelly Lockhart Fraser Warren W. May Myron Orfield Scholars Society Class of 1945 Warren F. Plunkett Kathryn S. Sedo J. Stewart McClendon Shayna M. Sigman Lockhart Member Romaine R. Powell Lockhart Barristers Circle Robert A. Stein Russell W. Lindquist George P. Wetzel Curtis B. Kellar E. Thomas Sullivan Fellow Lawrence R. Yetka Lockhart Members Paula Swanson John S. Warren Advocate Edward L. Murphy Nicholas Wallace Robert S. Krause Diane R. Walters Associate Class of 1946 Arnold H. Martinsen Carl M. Warren Virginia M. Fabian Lockhart Member Vernon A. Nolte Kevin Washburn Fellow William A. Lindquist David S. Weissbrodt Marion E. Newman Richard L. Post Class of 1949 Beverly Wilson Lydia E. Prachar Counselor Lockhart Member Donald C. Levin, Sr. Earl C. Borgeson Class of 1941 Associate Alden W. Clausen Lockhart Member L. Frederick Barnes Eugene L. Heck Melvin S. Cohen Robert R. Pflueger Associate Class of 1947 Counselor William B. Randall Lockhart Barristers Circle Gerald R. Walsh David R. Brink

Partners in Excellence ANNUAL REPORT 2004–2005 93 Partners in Excellence Honor Roll Giving by Source

Associate Class of 1951 Jerome B. Simon Dwight H. Lindholm John R. Hetland James O. Juntilla Lockhart Member David K. Wendel Winston E. Munson Felix M. Phillips John D. Robb Gerald H. Friedell Marvin J. Pertzik Fellow Class of 1953 John A. Spellacy Counselor Advocate John G. Engberg Fellow Curtis C. Gilmore Lockhart Deans Circle Vincent A. Doyle C. Blaine Harstad Duane E. Joseph Conrad F. Gaarenstroom Associate Bernard P. Friel Donald H. Lamm Robert W. Johnson George W. Hinshaw Lockhart Barristers Circle Connor F. Schmid Francis X. Nelson John L. McKenzie Thomas G. Lovett Stanley Efron Honnen S. Weiss James A. Smith* Gerard J. Ochs O. Russell Olson Lockhart Member Lawrence J. Vaubel Lauren Ashley Smith Class of 1955 Fellow Greer E. Lockhart Advocate John A. Yngve Lockhart Member Charles W. Arnason Gregg S. Orwoll Richard M. Erdall Thomas E. Holloran Advocate Henry M. Bissell William A. Whitlock David A. Joerg Charles Rubenstein Sydney A. Gross Richard A. Bodger Counselor Robert N. Stone Clinton A. Schroeder Norman Perl William L. Boyd Joaquin C. Arriola Ronald H. Swanson Burt E. Swanson G. Alan Cunningham Mitchel I. Kirshbaum Class of 1950 Ralph S. Tillitt Class of 1957 Edward I. Haligman Arthur S. Nelson Lockhart Barristers Circle Robert C. Lester Robert W. Winsor Counselor Lockhart Member E. T. Binger Malcolm K. MacKenzie Associate James E. Good Michael J. Galvin Lockhart Member Edward I. Niles C. Allen Dosland Associate Ronald I. Meshbesher William T. Egan John E. Simonett Edward J. Foley William D. Birch Shuichi Miyasaki Ronald L. Simon George E. Harding Advocate Richard E. Grunert William E. Fox C. Paul Jones Duane W. Foss Wayne G. Popham Melvin I. Orenstein Associate Curtis L. Roy Robert E. Granrud Fellow Cornelius P. Powell Milton Sidley Associate Andrew K. Krogh Robert H. Cornell Mark J. Raabe Fellow Charles H. Clay Page F. Moulton Morris Dickel Fellow Lawrence D. Cohen Richard H. Darby Robert D. Schreiner William R. Koenig Thomas M. Libera Milan M. Dostal Lorene W. Youngquist Stanley F. Staples, Jr. Wayne H. Olson Donald L. Maland Thomas T. Dwight Fellow Mayo H. Stiegler Oren N. Westling Roger A. Pauly Paul A. Kief Edmund P. Babcock Advocate Bruce N. Reuther Ralph S. Schneider Robert C. Bell Class of 1952 William R. Koenig Walter A. Tofteland Ross A. Sussman Herbert R. Drews Lockhart Member John R. Koller Rollin J. Whitcomb James A. Edman Russell M. Bennett Advocate Class of 1958 F. Kelton Gage Raymond A. Bogucki Class of 1954 C. David Lundin Lockhart Member Eugene L. Grimm John P. Byron Lockhart Fraser Erling W. Nelson Bruce E. Clubb Thayer K. Gudmestad William R. Pearce Scholars Society Philip J. Olfelt William E. Mullin Kenneth B. Jones Associate James W. Krause Thomas M. Vogt Neal A. Lano Donald D. Alsop Lockhart Member Class of 1956 Counselor Howard N. Ledin T. Jerome Halloran Gerald E. Magnuson Lockhart Deans Circle Edward H. Borkon David R. Leslie Maylon G. Muir Ronald M. Mankoff Allen I. Saeks Delila F. Pierce Arthur C. Roemer Fellow Daniel H. Mundt Lockhart Member Associate Richard A. Rohleder Alfred R. Appelgren James D. Rogers Lee Bearmon Guenter S. Cohn Irene F. Scott William L. Converse Counselor Robert F. Donlan Richard G. Hunegs Kenneth E. Tilsen Donald E. Engle James P. Larkin* Harry H. MacLaughlin* Fellow Advocate Hans W. Johnson Associate Walter F. Mondale Austin G. Anderson Arnold I. Feinberg Richard G. Lareau John J. Daly Joseph T. O’Neill Thomas P. Gallagher James L. Hetland Adrian Blake MacDonald Robert M. Skare Counselor Ronald G. Gandrud Allan R. Lund Raymond J. Marshall Fellow Thomas M. Gordon Danforth H. Leach C. Harold Peterson Thomas R. Mulcahy Roy A. Bogen Joseph Mast D. Kenneth Lindgren Noah S. Rosenbloom William I. Buhler Associate Howard I. Malmon Robert G. Sether James E. Garvey William C. Canby, Jr. John M. Miller

94 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Giving by Source

Richard E. Miner Lockhart Deans Circle Lockhart Deans Circle Roberta K. Levy Advocate Paul D. Tierney Robert A. Stein Michael W. Wright Harry T. Neimeyer John B. Albrightson Advocate Lockhart Member Lockhart Barristers Circle Michael P. Perry Theodore K. Furber Bernard Dinner David S. Doty Thomas O. Moe John H. Strothman Phillip J. Murphy Herman A. Friess Counselor Lockhart Member Advocate Class of 1966 Alden H. Gjevre Philip J. Orthun Thomas A. Clure Richard R. Bauer Lockhart Fraser James L. Sifferle Associate Terence M. Fruth David R. Bergerson Scholars Society Ralph T. Smith Curtis L. Melberg Warren R. Spannaus Edward M. Christian Dennis M. Mathisen Stephen B. Swartz Counselor Loren R. Knott Class of 1959 Lockhart Member Lynn G. Truesdell David M. Beadie Lockhart Deans Circle Class of 1965 William B. Brown Fellow David E. Kelby Lawrence Zelle Lockhart Fraser William E. Drake William F. Brooks Associate Scholars Society Leland J. Frankman Counselor Justin Dingfelder Paul T. Birkeland William M. Mahlum Richard A. Hassel Lawrence E. Nerheim Harold A. Frederick Gary W. Wolf Lockhart Deans Circle Counselor Associate J. Bruce Hartigan Fellow James T. Hale Albert O. Andrews, Jr. Jack L. Chestnut Paul O. Johnson Jonathan G. Lebedoff Lockhart Member William J. Cosgriff Fellow Paul H. Klaverkamp Robert A. Minish Charles A. Geer Avron L. Gordon Arland D. Brusven William E. Kretschmar James M. Neilson Charles J. Hauenstein John J. Sampson Miles E. Efron Howard S. Marker David R. Olson Don Jacobson George A. Sissel Gerard D. Hegstrom Noor Mohammad Jonathan Rose Thomas R. King Associate Thomas C. Rieke William L. Orr Robert J. Wagner Richard S. Kinyon Charles H. Andresen Robert E. Willow William J. Platzer Harry M. Walsh Martha A. Mills Larry G. Brown Advocate Thomas J. Shannon Advocate Robert P. Sands Roger E. Erickson William J. Yaeger Advocate James R. Becker John W. Windhorst Albert A. Woodward Michael J. Sheahan Charles H. Gauck Counselor Fellow Class of 1960 Steven Z. Lange Roy Y. Kawamoto Gerald J. Brown Lockhart Barristers Circle Class of 1962 Douglas D. Reid David D. Meyer David J. Bryon Samuel L. Kaplan Lockhart Member Jerome J. Segal Robert W. Cheatham Lockhart Member Michael P. Sullivan Associate Otis F. Hilbert Lawrence C. Brown Counselor Class of 1964 James E. Broberg Rodney E. Jedlicki Paul E. Rockne John J. McGirl Lockhart Member John H. Krohn Barry M. Lazarus James F. Lammers Ralph L. Strangis Fellow Michael S. Berman James F. Wagemaker John R. Lemke Ernest A. Gellhorn Richard D. Goff Associate John C. Lindstrom Rodger D. Weisman Maclay R. Hyde Harvey F. Kaplan Fellow Peter L. Adomeit J. Lawrence McIntyre Fellow Jerome R. Jallo Raymond M. Lazar Thomas K. Berg Richard P. Moe Robert E. Beck Charles R. Kennedy Phillip H. Martin Rollin H. Crawford Michael J. Mollerus Floyd E. Boline Norman J. Laboe James M. Neville A. James Dickinson Noel P. Muller Melvin L. Burstein Spencer J. Sokolowski Paul H. Ravich Roger H. Frommelt Garrett E. Mulrooney Gary L. Crippen Advocate Mahlon C. Schneider George W. Greene, Jr. Mark H. Rodman Jack Davies Philip W. Aaron Associate Gordon V. Johnson Roger V. Stageberg Robert T. Gustafson Robert B. Danforth David B. Eide David G. Larson J. Dixon Tews Stanley R. Stasel Thomas W. Healy Leo F. Feeney G. Thomas MacIntosh III Stephen Winnick Walter R. Thompson Seth R. Phillips Loren E. Gross James E. O’Brien Advocate Sigurd Ueland James D. Wiese Advocate John O. Ostenso Robert J. Alfton Edgar K. Yucel Fellow Kenneth H. Holmes Richard A. Peterson Bryce S. Chase Bryan J. Baudler Michael Prichard K. John Cheung Class of 1961 Class of 1963 G. Bart Bontems Peter J. Schmitz Joel C. Dobris Lockhart Fraser Robert J. Curnan Lockhart Fraser Arnold Stern John P. Flatten Scholars Society Scholars Society David W. Johnston Arthur D. Walsh James Metchnek Walter Richey Karen S. Lee Murray L. Galinson Richard W. Swanson

Partners in Excellence ANNUAL REPORT 2004–2005 95 Partners in Excellence Honor Roll Giving by Source

Class of 1967 Frank L. Garner Robert H. Magie Robert J. Lindall John K. Kallman Lockhart Barristers Circle Darrel A. Talcott Richard A. Wexler Robert M. Moore, Jr. David D. McMillan Richard G. Pepin, Jr. John P. Tuohy Leslie H. Novak Anthony T. Rozycki Class of 1969 Lockhart Member Robert J. Walerius Elliott P. Pinck Class of 1971 Patrick J. Delaney Lockhart Deans Circle Glenn E. Purdue Class of 1968 Elie Halpern Maurice C. Swope Terryl K. Qualey Lockhart Fraser Scholars Society William J. Keefer Lockhart Member Lockhart Member Robert W. Reutiman, Jr. Michael V. Ciresi John J. Swenson James J. Blanchard R. Scott Davies Robert J. Schmit Richard L. Gill George J. Tichy II Steven H. Goldberg Joseph T. Dixon, Jr. Jeffrey H. Schwartz George F. Vogel Robert A. Heiberg Gerald S. Duffy Reginald D. Steer Lockhart Deans Circle Joan L. Heim Peter S. Wattson Gregory D. Gustafson Counselor Robert A. Engelke Robert J. Hennessey Peter A. Michalski Robert J. Silverman Larke L. Huntley Advocate Gale R. Mellum William A. Johnstone Robert D. Larson Lockhart Barristers Circle Associate Counselor E. Richard Larson Jeffrey A. Levy Patricia A. O’Gorman Peter D. Anderson William K. Ecklund Judith L. Oakes Martha M. Licke James R. Casserly Lockhart Member James A. Ginsburg Vance K. Opperman Philip A. Okney James B. Druck Steven D. De Ruyter Thomas M. Kelly Robert J. Owens Gary C. Reiter William S. Lapp Richard G. Mark William R. Tempest Steven M. Rubin Gerald T. Laurie Counselor John W. Thiel Richard B. Solum Class of 1970 Lawrence A. Lokken J. Charles Bruse Lockhart Deans Circle James W. Rustad Associate Counselor William F. Forsyth Peter H. Benzian Richard E. Shinofield Paul H. Anderson Richard B. Allyn Allan W. Klein Richard A. Wilhoit Lawrence T. Collins Robert P. Larson Lockhart Member Associate Terry M. Erskine William J. McGinnis Dale Chapman Fellow John D. Berchild, Jr. Kenneth I. Jonson Mark M. Nolan David V. Lee David B. Anderson John F. Beukema Frank R. Krohn Marshall J. Besikoff Associate Counselor Frederick C. Brown Richard C. Lundell Frederick J. Casey Brian P. Bennett John C. Brink Jerry K. Fellows Stephen H. Marcus Allan R. DeBoer Anthony G. Beyer Phillip A. Erickson Marc W. Freimuth Michael L. Schwab John E. Drawz William W. Cameron Associate Barry A. Gersick James R. Schwebel Arthur A. Drenckhahn Richard C. Dennis Robert P. Abdo Fellow Edward L. Winer John F. Gilsdorf Charles F. Diessner Robert R. Beutel Stephen C. Aldrich Kurtis A. Greenley Fellow Gordon L. Eid David H. Gregerson Harold R. Berk Jeffrey S. Halpern Russell A. Anderson James C. Erickson Fellow Terry R. Farmer Ronald J. Henke James J. Barnett Barry C. Feld George A. Beck Thomas R. Hughes Franz P. Jevne David E. Christensen Alden C. Hofstedt Bernard E. Borene Joseph Kaminsky Don A. Johnson Kendall J. Ellingson Timothy M. O’Brien Patrick V. Hart David P. Lamm Jerome R. Klukas Robert J. Hauer, Jr. James M. Rosenbaum William S. Herbert Timothy J. McCoy Gary R. Larson William J. Jones Gerald L. Seck Eldon G. Kaul Richard A. Moore Richard D. Manthei Ronald L. Laumbach Gary L. Stenson Harriet Lansing William A. Neiman Jerold O. Nelson Reed K. Mackenzie Frederick L. Vescio Jerome V. Lavin David T. Peterson Richard J. Nygaard Robert G. Mitchell, Jr. Robert R. Weinstine Michael B. McShane Daniel D. Plauda John D. Parsinen David G. Nelson Robert H. Zalk Roger W. Meyer Michael A. Posnick Stephen A. Peterson James H. Paulsen Fellow John J. Michalik John E. Rolig Richard F. Richards Patrick J. Roche John R. Arlandson Michael J. O’Rourke Bonnie M. Ross Ford M. Robbins James A. Schultz David B. Arnold Camilla L. Reiersgord William P. Studer Douglas A. Schroeppel Harry A. Sieben Donald J. Buresh Leo G. Stern Robert E. Toftey Edward L. Schwarz Robert J. Tennessen Thomas E. Chomicz Michael A. Wolff William C. Zucco John B. Winston Benjamin J. Smith Myron S. Greenberg Advocate Advocate Thomas L. Yaeger Advocate Grant O. Gullickson Randolph T. Brown Norman A. Christensen Joseph R. Carroll Advocate Lawrence M. Hall L. Franklin Dennis Joseph W. Ettel John A. Ellefson Jack D. Elmquist Arthur W. Katzman John A. Halpern Frank D. Henefield Richard M. Evans Darwin K. Klockers

96 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Giving by Source

Howard L. Kaibel Mark E. Fuller Robert J. Molstad Richard C. Luis Associate Ernest T. Lindberg Paul R. Jennings Sherry J. Nichols Ann D. Montgomery Lawrence M. Baill Bruce A. Johnson John W. Riches Richard A. Nelson Craig W. Conrath Class of 1972 Jon C. Keckonen Richard L. Ronning Jeffrey F. Shaw J. Michael Dady Lockhart Deans Circle Leszek S. Kuczynski Donald E. Rysavy Dobson West Richard J. Gabriel Samuel D. Heins Jeffrey B. Nelson Thomas J. Salmen Edward S. Wilson Gary Hagopian Michael R. Sieben John C. Provinzino Alan E. Sommerfeld Fellow Neil J. Jensen Rodger D. Young Edward J. Shawaker John H. Stevens Mark A. Anderson Lawrence R. Johnson Lockhart Barristers Circle Robert A. Simons James H. Taylor Stephen J. Beatty Thomas G. Jovanovich John G. Skogmo Peter W. Ulmen Joseph F. Wieners Gregory A. Bonovetz Jacques C. Lewis Lockhart Member James R. Wilson Robert P. Christensen John W. MacMorris Class of 1973 Michael J. Adams Edwin M. Wistrand Michael K. Donovan Paul W. Wilson James C. Erickson Lockhart Deans Circle Keith A. Witter Michael O. Freeman Fellow Philip S. Garon Thomas R. Hood Michael A. Young Joseph M. Goldberg Stephen D. Alexander Daniel R. Pennie Lockhart Barristers Circle Advocate Thomas I. Hara John A. Carlson Carlton A. Varner Alan C. Eidsness Robert M. Altman Lee W. Mosher Bradley G. Clary Counselor Lockhart Member James E. Anderson Steven C. Pundt Virginia K. Ekola-Reeves Charles J. Suk James B. Proman Charles A. Bird Stephen F. Rufer Stephen R. Erickson Steven A. Wellvang Gregory J. Pulles Thomas S. Deans Randy K. Schwickert Cynthia G. Fischer Russell C. Felt James A. Shuchman Gary Hagopian Associate Harold H. Sheff Mark J. Freidson Karin L. Wille Frederick E. Kaiser Gerald R. McKay Counselor Mark E. Haggerty Michael L. Kirk R. Jeffrey McLeod Catherine L. Anderson Advocate Thomas J. Kalitowski William J. Brudvik Robert A. Levy Fellow Edward A. Anderson Robert W. Kettering Francis J. Eggert Mark A. Madsen Toni A. Beitz Richard M. Ihrig W. John Licke Donald C. Erickson Richard C. Mattson Brian T. Carlson Judith B. Langevin Stephen L. Liebo Peter C. Erickson Craig W. Nelson Nicholas A. Casper Stephen R. Litman Michael J. Marchand C. Richard Farmer Frederick W. Niebuhr Gregg M. Corwin Roger R. Roe Michael Milgrom Stephen E. Forestell James A. Payne Lionel L. Crowley Associate Kent E. Nyberg Allen H. Gibas Alan I. Silver Terrence J. Garvey James H. Clark Kent E. Richey Mary L. Greiner Theodore J. Smetak Jean Heilman Grier Ronald J. Fischer Louis K. Robards Judith A. Harrigan Franklin A. Wells Thomas W. Harnisch John H. Kaul Thomas G. Hodel Advocate Timothy M. Heaney David A. Libra Class of 1974 Randy Johnson Stanley P. Jacobson Edward A. Hiner William H. Lindberg Lockhart Barristers Circle Leland W. Kampinen Paul R. Kempainen John W. Kanniainen Susan F. Marrinan Thomas J. Moore George H. Smith Phillip A. Kohl Richard H. Massopust Katherine E. Sasseville Kirk A. Patrick Bradley C. Thorsen Thomas P. Macken Lee R. Mitau Thomas M. Sipkins Lockhart Member Thomas C. Vasaly Paul A. Nelson Theodore F. Neils John K. Steffen Stephen F. Befort Michael D. Williams Carl M. Warren Stephen L. Nelson Fellow Martin J. Costello Gerald A. Norlander Frank Abramson Eugene R. Gaetke Class of 1975 Class of 1976 Stephen R. O’Neil John B. Arnold Gerald P. Halbach Lockhart Deans Circle Lockhart Fraser Charles A. Parsons, Jr. John M. Benzian Gary J. Haugen Henry J. Gette Scholars Society John E. Rode Michael J. Bradley Gary R. Johnson Lawrence T. Hofmann Paula K. Richey Warren R. Sagstuen Earl H. Cohen John D. Kelly Richard L. Voelbel Lockhart Barristers Circle John J. Sommerville Patrick J. Craig Robert D. Furst Steven J. Tierney Gordon O. Hansen Counselor Lockhart Member Jon M. Hopeman Ronald A. Zamansky Michael A. Hatch K. Thor Lundgren Ronald D. Aucutt Michael L. Meyer William L. Ball Terry L. Wade Advocate Dale R. Johnson J. Kevin Costley Lockhart Member M. Gay Conklin Keith O. Jones Associate Larry S. Fields Robert Bennett Kimball J. Devoy David Karan Eric L. Chase Tony J. Tanke Norman P. Bjornnes, Jr. James B. Early Thomas M. Keegan Joel S. Corwin Edward J. Blomme Van D. Fishback Thomas W. Kreen Allen W. Hinderaker

Partners in Excellence ANNUAL REPORT 2004–2005 97 Partners in Excellence Honor Roll Giving by Source

Thomas H. Borman James Strother Catherine A. Taylor Lynn M. Roberson Lois J. Lang John R. Bultena Counselor Counselor George F. Stroebel Terry A. Lynner Robert E. Dean Mark S. Doman Robert L. DeMay Counselor James L. Myott Joseph C. Gonnella William M. Fishman Kareen R. Ecklund Allan J. Baumgarten Mary R. Watson Jean E. Hanson Paula Winkler-Doman Willliam D. Foster David W. Kelley Class of 1980 Kevin T. O’Malley Associate Deanne M. Greco Spencer H. Kvam Counselor Larry D. Espel George G. Hicks Matthew K. Peterson Lockhart Barristers Circle Gregory A. Kvam Donna E. Hanbery Associate Diane O. Stockman Lawrence J. Field Rodney J. Mason James E. Lindell John M. Anderson Associate Lockhart Member Mark S. Olson Juanita Bolland Luis Ivy J. Bernhardson Kent B. Hanson Nancy S. Bender-Kelner Fred H. Pritzker Nancy Arneson McClure Joanne E. Hinderaker Carol A. Hay Barbara Jean D’Aquila Associate Andrea F. Rubenstein Robert H. Sondag Susan L. Jacobson Patrice A. Halbach Bruce A. Boeder Fellow Fellow Randolph W. Peterson Charles N. Nauen Daniel J. Greenwald III Theodore L. Bletko Robert E. Canfield Amy B. Sadoff Pamela F. Olson Robert H. Jackson Kurt V. BlueDog Catherine A. Cella Richard A. Stenberg Penny L. Parker Gregory G. Johnson Edward J. Cleary Michael H. Daub Bryn R. Vaaler Mary E. Stumo D. William Kaufman Stephen G. Dennis Robert J. Dwyer, Jr. William P. Volkner Counselor Michael C. Lindberg David M. Gilbertson John K. Ellingboe Peter B. Wold Peter H. Van Veen Robert L. Loberg Gary S. Hess Michael L. English Fellow Associate Thomas M. Newcomb Richard T. Holm Janet A. Forest Susan A. Bathory Virginia A. Dwyer Richard A. Riemer Thomas F. Hutchinson Todd I. Freeman Ronald R. Christensen Karen J. Garvin Marilynne K. Roberts Thomas J. Kigin Joanne K. Garrison David M. Cremons Lucinda L. Hruska-Claeys William A. Schlossman Arthur J. Madden Sally A. Johnson Gregory L. Dose Joseph A. Nilan Gregory J. Soukup David J. Malban Richard J. Kruger Karen A. Dudley Laura K. Nyquist Fellow Kurt J. Marben Theresa M. Lauterbach Edward F. Fox Megan K. Ricke Randall R. Burg M. Susan Murnane Alan C. Page David M. Jacobs William J. Utermohlen Frederic W. Bursch Ann K. Newhall Diane Rapaport Jane N. Johnson Catherine J. Wertjes Scott D. Eller Daniel G. Rodgers Lisa R. Tiegel Mitchell W. Johnson Fellow Eric W. Forsberg Thomas J. Shroyer Benjamin Vander Kooi, Jr. Mitchell W. Kiffe David A. Allgeyer Louis A. Friedman Bradley Smith Susan G. Williams David J. Lenhardt George E. Antrim Thomas D. Hayes Charles A. Upcraft Advocate Richard C. Monks Charles H. Becker Pamela McKinney Advocate Timothy P. Brausen Norman K. Nystrom Keith J. Broady Susan A. Richard Nelson Justin Cummins Thomas E. Brever James P. Paciotti Michael L. Brutlag John D. Rukavina Kevin J. Hebl Ronald S. Goldser Bruce N. Ringstrom Susan G. Loitz David A. Stofferahn Barbara J. Kuhn Marc W. Larson Reid G. Rischmiller Mary E. Miller Advocate Barbara-Ann A. March Wayne L. Mehrkens Donna L. Roback Roselyn J. Nordaune Thomas S. Darling Mary K. McCormick Lois A. Murray Charles W. Singer Catherine A. Polasky Richard F. Deuser Patrick C. Meade Janet L. Sass Michele S. Timmons David B. Potter Stuart D. Gibson Walter S. Mohn Richard L. Thomas Peter J. Timmons Ann Remington Jeffery W. Lambert Friedrich A. Reeker Stephanie J. Wilbanks Jennifer R. Wellner Judith G. Schotzko James T. Swenson Jeffrey B. Ring Steven J. Wolfe Marie L. Wilson Aaron S. Springer Bruce C. Young Kathleen M. Roer Richard W. Wilson John R. Tunheim Catherine A. Thatcher Class of 1979 Advocate Barry G. Vermeer Class of 1977 Michael G. Torgerson Lockhart Deans Circle Andrews Allen Paul E. Widick Lockhart Barristers Circle Valerie K. Doherty G. Barry Anderson Peter J. Withoff Russell V. Michaletz Class of 1978 Daniel J. Starks Thomas L. Baynham Advocate William L. Tilton Lockhart Barristers Circle Lockhart Member Alice O. Berquist Charles L. Bathke Lockhart Member David D. Kadue Grant D. Aldonas George T. Chresand Philip D. Bush Barry A. Kelner Martha E. Kadue Phillip C. Carruthers Logan N. Foreman III John L. Krenn Rebecca Egge Moos Lockhart Member Elizabeth M. Collins Catharine F. Haukedahl Robert J. Schroeder Charles E. Lundberg Catherine A. Ludden Herbert C. Kroon

98 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Giving by Source

Class of 1981 Bonnie E. Raquet William M. Hart Kari E. Nelson Counselor Lockhart Barristers Circle Paul D. Swanson Mary R. Vasaly Polly J. Nelson Jared M. Lans James J. Bender Associate Fellow Barbara E. Reinsma Jonathan S. Parritz Ronald J. Schutz Leonard W. Glewwe Robert T. Anderson Alice R. Senechal Stephen M. Phillips Lockhart Member Sally S. Grossman Kenneth Corey-Edstrom Associate Class of 1985 Jill T. Doescher Julie E. Hofer Scott P. Drawe Paul S. Moe Bradley A. Forrest Natalie E. Hudson Deirdre C. Elliott Lockhart Fraser Richard M. Noack Scholars Society Jeannine L. Lee Patrick C. Leung Betty A. Friesen Julie A. Oseid Daniel W. McDonald Counselor Mary K. McLeod Linda L. Holstein Fellow Lockhart Member Joseph M. Barbeau Jonathan J. Oviatt John D. Jeffrey Donald P. Brewster R. Hugh Magill Patricia A. Beithon Michael D. Zalk Scott M. Lilja William A. Cumming Liza G. Ring R. Ann Huntrods Fellow Calvin L. Litsey Karim G. El-Ghazzawy Bruce J. Wojack Dennis P. Reis Bradley S. Abramson Kim Buechel Mesun Ruth Grunke Debra K. Page Counselor Associate Frank B. Bennett Paul W. Heiring Barbara L. Shiels Christopher J. Chaput Donald J. Brown Alan D. Chute Teresa J. Kimker K. Bennett Smukler Craig A. Carlson Gary C. Eidson Associate John K. Lampe James M. Strommen K.I.M. Greene Thomas A. Enerva Paul G. Feinman Paul A. Livgard John A. Taft Mark A. Lindgren Michael W. Gill Fred R. Puglisi Tami L. Lopez-Glover Janice M. Nelson Advocate Christina R. Palme-Krizak Fellow Fellow Timothy L. Nolde Martin A. Cole Sara Rosenbloom Phillip I. Finkelstein Jeffrey D. Anderson Sherrill R. Oman Janet N. Poston Mark D. Savin Stephen R. Francisco Jeffrey R. Ansel Dana B. Rebelein Elaine S. Shriver Eileen A. Scallen Richard J. Harden Louise D. Bjorkman Nancy A. Rystrom Keith R. Wingad Robert K. Shaw-Meadow Mary G. Keller Robert C. Boisvert Roy A. Sjoberg Robert D. Sicoli Ivan M. Levy Gregory G. Brooker Julie A. Sweitzer Class of 1984 Mark V. Steffenson Mark D. Meyer Martin A. Culhane Laurie A. Zenne Lockhart Member William S. Sternberg Terri Mische Richard R. Gibson Carrie A. Hefte Robert H. Torgerson Douglas J. Shiell Advocate Ann L. Iijima Ida L. Traschen David C. Vanney Kari L. Anderson Counselor William A. Kvas Hubert J. Zyvoloski Patrick J. Wielinski Timothy M. Barnett Bradley W. Hanson Robert C. Long Doris E. Yock Anthony R. Battles Dorian Samskar Jordan C. David Messman Advocate Joseph F. Chase William P. Jordan Michael J. Meurer William M. Altman Advocate Martin L. Gunderson Karen E. Sletten Carol A. Baldwin LaRae L. Bradley Associate Einar E. Hanson Derek L. Sorenson Andrew S. Bergman Nancy J. Conison Craig A. Johnson Karl K. Heinzerling Julie A. Vergeront Jeffrey C. Braegelmann Wendie J. Doyle Bradley S. Keil Priscilla A. Herbison Lyndon W. Vix Margaret M. Horsch Don B. Eppler James J. Long William P. Kain Jeffrey T. Weikert Richard C. Ikka Joan N. Ericksen Martin D. Munic Leo P. Martin Jan M. Zender F. Emil Jalonen Robert C. Kieffer Fellow Ellen W. McVeigh Zara Kiva Kinnunen Michael J. Koshmrl James R. Eben Advocate Shannon M. O’Toole Paul A. Livgard Eric Malinen Gordon L. Gidlund Katherine R. Carlson David W. Perez Nancy R. Menzel Mary K. Martin Eric A. Johnson Paul W. Fahning Joseph R. Rodriguez Nancy I. Onkka Elizabeth D. Moran Christina Melloh Janet P. Hope Kenneth R. White Karna M. Peters Michael R. Savre Richard G. Morgan Gail T. Kulick Daniel T. Zimmerman Barbara A. Taylor Mark M. Starr Timothy M. Murphy Douglas W. Peterson Mark J. Peschel Phillip C. Reid Jeffrey W. Thone Sharon L. Wildfang Class of 1983 David J. Steingart Frank C. Tenuta David J. Torgelson Counselor Bonnie S. Wilkins Class of 1982 Advocate Barbara M. Widen David A. Gotlieb Lockhart Member Carol S. Cooper Robert K. Ranum Class of 1986 Class of 1987 Stacy D. Rubsam Guy T. Dam Associate Lockhart Member Counselor Counselor Mark R. Geier Alan E. Bernick Pati J. Pofahl Alain M. Baudry Scott G. Knudson Michael A. Gershel Gayle H. Cramer Laura K. Mollet Rebecca L. Greenan

Partners in Excellence ANNUAL REPORT 2004–2005 99 Partners in Excellence Honor Roll Giving by Source

Associate Fellow Paul Y. Feng Kathryn E. Sherwood Meredith M. McQuaid Gregory J. Anderson Steven L. Baron Charles W. Gould Timothy C. Theisen Sarah E. Morris Caesar A. Tabet Thomas L. Bray Daniel C. Guerrero Richard R. Ward Brendan W. Randall Heather S. Woodson Karen Duncan Jodie E. Hagstrom Advocate Steven J. Rothberg Fellow Mark D. Fiddler Mark J. Isaacson Paul E. Benson Thomas L. Stafford Jennifer A. Allen Lee H. Johnson Douglas E. Lahammer Mullen J. Dowdal Rina M. Stopsky-Cooper Wade T. Anderson Sara H. Jones Colleen A. Lomax Daniel L. Kennedy Karin J. Birkeland Tristan A. Lindemann Susan D. Mangum Ronald J. Kind Class of 1992 Barbara A. Bombaci Vincent D. Louwagie Timothy K. Masterson Tracy F. Kochendorfer Lockhart Member Elizabeth P. Fesler Steven L. Mackey Stephen O. Plunkett Steven G. Lentz Karen Reierson Carolyn K. Gerwin Charles W. Ott Heidi A. Schneider Linda M. Mealey-Lohmann Associate Cary B. Johnson Mario C. Rodriguez Sarah J. Shella-Stevens Jill A. Poppe Steven C. Cox Ellen Banovetz Kaiser Lawrence P. Schaefer Kevin K. Shoeberg Gerald C. Robinson Fellow Christina E. Koehn Gregory A. Sebald M. Gregory Simpson Timothy C. Theisen Jeanette M. Bazis David A. Mans Tracy M. Smith Hoang K. Tran Mary Larson Webster C. Christopher Bercaw Theodore J. May Julie D. Hagen Showers Thomas A. Walker Kerry Wilson David Dormont Kevin M. Sheys Robert E. Tunheim Advocate Maureen A. Harms John A. Sutter Ellen Trout Van Iwaarden Marc C. Bertram Class of 1991 David B. Kempston Michael J. Wentworth Andrea M. Walsh Daniel W. Blake Counselor Jeffrey G. McGuire Advocate Advocate Timothy J. Dolan Jeffry D. Anderson Aaron M. Rodriguez Jerrold E. Anderson Jeffrey S. Alch Jon K. Hoppensteadt Deborah J. Ruosch Elizabeth A. Schading Christopher Campion Mark A. Baloga Michael W. Jonak Associate Sandra M. Sedo Jeff Lerner Jean G. Binkovitz Grant C. Killoran E. Michael Johnson Jonathan O. Steen Mark A. Lindahl Kristi K. Carlson Michael W. Levinsohn Scott M. Knutson Advocate Alexander T. Pendleton Christopher E. Celichowski Carl P. Luckadoo Philomena N. Nzegge Jill S. Bergquist Barbara M. Ross Wynn C. Curtis Tara D. Mattessich Fellow Joseph P. Burke James C. Searls Monica L. Dorow Elizabeth A. Mitchel Chad Baruch Theodore C. Cadwell, Jr. Daniel M. Sheridan Klara M. Huesers Thomas M. Ross Sara J. DeSanto Shaun R. Floerke Annette C. Spencer William E. Kennedy Jeanette M. Sobania John C. Fang Sean C. Gibbs Julie A. Stenberg Janel E. Pozarnsky Laboda Eric H. Galatz Trevor V. Gunderson Class of 1990 Dennis M. Twiss Jay M. Quam Jane F. Godfrey Marla A. Hoehn David J. Yarosh Sara J. Ruff Counselor Robert S. Goedken Karen A. Janisch David A. Schwartz Wayne D. Anderson Paul M. Hattenhauer Igor S. Lenzner Class of 1988 Tracy M. Smith Matthew K. Entenza Jordan S. Kushner Christopher R. Morris Lockhart Barristers Circle Carolyn V. Wolski Associate Jeffrey L. Levy Ian L. Nemerov Jan M. Conlin Joan D. Humes Jonathan M. Redgrave Henry T. Reimer Class of 1989 Eugene F. Goetz Jay T. Kinn Susan D. Steinwall Jason D. Topp Lockhart Member Lockhart Member Mary M. Krakaw Holly A. H. Williams David P. Trummel James L. Chosy James B. Clark Jessica M. McGlynn Advocate John M. Wightman, Jr. Charles A. Durant Jay L. Kim Mitchell W. Quick Bradley H. Birnberg Randall E. Kahnke Maura B. O’Connor Fellow Susan C. Davis Class of 1993 Counselor Counselor Shirlyn A. Adkins Susan W. Drechsel Associate John T. Williams William L. Davidson Kenneth M. Alwin Jill E. Fedje Bryan B. House Associate Associate Sarah W. Anderson Ann L. Garvey Michael P. Hutchins Beth M. Andrus Linda L. Boss Heidi L. Atkins Brian D. Johnson Peter J. Kinsella Dwight D. Lueck Steven M. Hunegs Scott P. Cameron Katherine M. Kowalchyk Fellow Charles E. Rhodes Paul H. McDowall Gregory V. Davis Cheryl A. Hood Langel Karlyn V. Boraas Scott E. Rosenow Eric Olsen Karin E. Glennert-Cameron Jacqueline A. Layton Sheila D. Corbine Tim A. Staum Fellow Kristine A. Kubes Todd C. Lowry Holly Brod Farber Carolyn V. Wolski John T. Arnason Jon Erik Mueller Therese M. Marso Vanya S. Hogen Peter H. Doherty Jack Y. Perry Timothy C. Matson Frank Kara

100 Partners in Excellence ANNUAL REPORT 2004–2005 Partners in Excellence Honor Roll Giving by Source

Andrew W. Lawrence Associate Sarah Duniway Mitchell Gordon Patrick D. Robben John J. Oxley Stephanie A. Carter Barton C. Gernander Gretchen Harders Joseph P. Rogers Eric J. Rucker Jonathan B. Cleveland Martha H. Heidt William K. Hlavac Kevin David Schluender Susan R. Stockdale Rachel E. Johnson Ronald J. Howard Christoper J. Kahler Aaron A. Scow Daniel R. Wilson Sonja L. Lengnick Matthew B. Johnson Delphine C. Kahler David M. Sullivan Advocate Grace S. Rai Mark R. Lageson Cynthia M. Klaus Bard D. Borkon Philip R. Schenkenberg Gina L. Lombardo Lori J. Marco Class of 1999 Lisa M. Brown Fellow Todd Matha Gregory W. Munson Lockhart Member Sachin J. Darji Timothy J. Allison Ann C. O’Reilly Rebecca L. Orttel James R. Cho Anthony C. Fernandes Lynn P. B. Bebeau Michael J. Pape Caroline Ostrom Counselor David E. Flotten Pamela Siege Chandler David H. Patzer Roshini Rajkumar Emily M. Rome Andrew M. Friedman DeAnne L. Dulas Nicole M. Putnam Christopher Rediehs Associate Margaret C. Galvin Margaret C. Hobay John B. Schulte Wendy Reiner Stacy Lynn Bettison Joseph C. Hohenstein Timothy S. Mangan Jennifer A. Stohl Cathlene A. Tharp K. Andrew Hall Keith N. Jackson Patrick R. Martin Charles D. Wilson Ellen Y. Yee Greg A. McAllister Jenneane L. Jansen Advocate Estella Jane Schoen Class of 1997 Class of 1998 Krister D. Johnson Daniel J. Ballintine Fellow Lockhart Member Counselor Sean P. Kearney Becky L. Erickson Eric S. Berggren Jon Sabes Kevin J. McGrath Steven J. Morgans Jennifer L. Frisch Paul D. Curtis Amy C. Seidel Lee A. Riehle H. Allen Hagen Associate Rebecca Diane Hess Jean B. Rudolph Melissa A. Hortman Anthony W. Bagnette Associate Todd Lee Gretchen R. Severin Ellen Y. Hwang John J. Bursch Brian A. Manson Jason Scott Mills Christopher H. Yetka Bryce J. Johnson Laura Drake David A. Schultz Sujit M. Ramchand Scott H. Leuning Neil K. Fulton Cameron R. Seybolt James R. Sankovitz Class of 1994 Rebecca S. Simpson Stephen P. Safranski Dennis R. Weirens Adam K. Simpson Associate Ethan L. Wood Daniel JM Schally Fellow Marlo Weber Turcotte Crystal O. Glynn Fellow Steven D. Buchholz Jason K. Walbourn Timothy Glynn Class of 1996 Stephanie A. Asheim Anna Krause Crabb Advocate Andrew E. Plesko Lockhart Member Staci M. Barry Stacey L. Drentlaw Jacqueline Beaulieu Fellow Michael P. Sullivan, Jr. Tracey B. Davies Timothy D. S. Goodman Joey Chbeir Holly A. Gimbel Rachna Bhatia Sullivan Dalen T. Duong Mitchell W. Granberg Paul B. Civello Michael J. Kane Counselor Inger C. Hansen-Corona James MacGillis Michael L. Dolan Mimi Lee Brian L. Johnsrud David M. Jaffe Clara J. Ohr Rory Patrick Durkin A. Lisa Merklin Lewis Stephen F. Simon Noah Jussim Jessica E. Price Cynthia J. Frost Kristi L. Skordahl Joseph T. VanLeeuwen Jason R. Kraus Lisa H. Randall Eileen Day Graton Advocate Leslie A. VanLeeuwen Philip H. Lee Marcus J. Thymian Michael A. Hellwich Jeanette W. Burbridge Fellow Peter V. Michaud Advocate Jennifer Jameson Daniel S. Fisher Hilary Lindell Caliguri John J. Moore Timothy H. Burdick Thomas A. Jensen Cynthia A. Haugen Peter J. Carlton Jennifer Nestle Angela M. Crandall Eric M. Johnson Erik M. Johnson Neil M. Kliebenstein John E. Nowak Mitchell Craveiro Jason Lonstein Sandon C. Kallstrom Gregory TJ Madson, Jr. Steve Price Scott G. Hamak Kevin M. Magnuson Ingrid Kane-Johnson Jennifer B. Mattson Matthew D. Rowe Takeyoshi Harada Joseph A. Mandernach Katie Kimlinger Joshua S. Mattson Advocate Janelle M. Johnson Brenna E. Nelson Nora L. Klaphake James J. McConnell Daniel O. Aryeetey Ann K. Lamoureux Thayer H. Thompson Paul D. Meichert Jerry D. Perron Paul W. Cairns Ethan B. Lauer Eve Clarian Zamora Todd L. Nissen Jeffrey W. Post Grace L. Chan Kristen M. Ludgate Dana K. Nyquist Robert W. Roe Andrew Y. Chiu Christine Middleton Class of 2000 Shelley A. Roe Justin D. Cummins John Munger Associate Class of 1995 Robert J. Terry Laurie J. Dechery David C. Murphy Cynthia P. Arends Counselor Advocate Amy E. Erskine Christopher A. Rauschl Fellow Michael H. Harper III Jeffrey Diebel Lee M. Friedman Yolanda L. Ricks Davi E. Axelson

Partners in Excellence ANNUAL REPORT 2004–2005 101 Partners in Excellence Honor Roll Giving by Source

Joo Hyang Kim Class of 2002 Class of 2004 Nadege N. Reyhn Thuong Tri Nguyen Associate Lockhart Member Jennifer M. K. Rogers Mark Schroeder Kristina L. Carlson Jonathan D. Eoloff Jeffrey T. Sealey Amy J. Standefer Christina M. Szitta Fellow Brittany Stephens R. Jason Straight Fellow Timothy E. Grimsrud John Stern Advocate Corey J. Eilers Martha Ingram Brandon E. Thompson Rebecca A. Chaffee Richard A. Latterell Pamela Joy Jensen Joost Franciscus Christian Van Hout Ryan D. Chandlee Teresa A. Lavoie Kristine K. Kroenke Nick Wallace Jennifer C. Dailey Paul E. Welling Amanda M. Martin Philip A. Duran Andrew P. Schaffer Advocate *Deceased Jeffrey M. Erickson Katie R. Hughes Bednark Advocate Erin M. Keyes Julie L. Brotzler Jeffrey A. Abrahamson Theodore A. Kittila Meghan Cooper Doug Bayley Margaret K. Kirkpatrick Morgan L. Holcomb Catherine Berryman Bryce A. Nixon Jonathan M. Holson Shervon J. Cassim Victoria O’Duffy Kelly W. Hoversten Christopher K. Chinn Jill R. Radloff Troy J. Hutchinson Alfred W. Coleman Sheila M. Stuhlman John O. C. Moss Valerie A. Darling Christina A. Svalstad Jessica Servais Katherine G. Deibert Justin L. Templin Linda K. Thompson Matthew R. Fluegel Kari A. Wallace Sandra Yue Jason R. Greenlee Darin S. Wieneke Jared Hager Alysia B. Zens Class of 2003 Alex J. Hildebrand Fellow John R. Kindschuh Class of 2001 Kathleen A. Austin Jessica H. Kwak Lockhart Member Eric C. Boughman Margaret A. Luger-Nikolai Muria Kruger Sandra G. Dobbles Daniel T. Lund Harry A. Frankman Matthew JS Graham Jennifer J. Olson Counselor Jeremy L. Johnson Ericka Schmidt Dinesh R. Badkar Ryan W. Marth Sarah E. Seljeskog Fellow Rhoda E. Shwaid Jonas M. Walker Carrie M. Lambert Matthew A. Taylor Jennifer O. Whitener Alan D. Poff Todd S. Werner Michael L. Skoglund Advocate Class of 2005 Carrie M. Smith-Lambert Nathan A. Brennaman Lockhart Member Scott K. Springer Dorothy M. Gause James Von Geldern Advocate Elizabeth R. Johnston Advocate Troy E. Arnlund Melissa L. Klick Sofia Andersson Robert D. Bell, Jr. Anne T. Regan Divya R. Arora Benjamin R. Elwood Amy M. Salmela Catherine Biestek William Anders Folk Aaron M. Simon Barbara E. Cole Matthew J. Franken James E. Springer Erin G. Emmons Cameron M. Gulden Shannon N. Stokes Debra Frimerman Alicia K. Hughes Ryan E. Strom Chirstopher Geise Sarah L. Nelsen Elizabeth Tobin Eric Joseph Gottwald Heather D. Redmond Michael C. Wilson Jigang Jin D. Marc Sarata Amanda S. Yarusso Jonathan D. Krieger Petra D. Thompson Laura J. Zlotowski Yaohui Lou Erica L. Volkir Nigel Henry Mendez Sarah J. Wasmundt Patricia Perez

102 Partners in Excellence ANNUAL REPORT 2004–2005 Memorial Gifts

Memorial gifts are lasting tributes to loved ones, friends, classmates, colleagues and professors. Donors may choose to designate memorial gifts to a specific fund or to support current needs. The Law School is honored to list memorial gifts received between July 1, 2004 and June 30, 2005.

In memory of Bert Anschel In memory of William V. Lahr, 1967 In memory of Ralph M. McCareins, 1925 Ina and Howard Pfefer Mississippi River Trail, Inc. Jeanne K. McCareins Mr. and Mrs. John McCareins In memory of Ronald E. Budd, 1969 In memory of The Honorable Mr. and Mrs. R. Mark McCareins Eli N. Budd Harry H. MacLaughlin, 1956 Linda J. Budd Donald D. Alsop In memory of Forrest Meyer Alain M. Baudry Ina and Howard Pfefer In memory of Richard L. Cesario, 1971 William C. Canby, Jr. Michael Chutich Michael J. Adams In memory of deceased members of the editori- Martin J. Costello J. Kevin Costley al boards of volumes 35 and 36 of the Minnesota Matthew K. Entenza Law Review In memory of The Honorable Joan N. Ericksen Thomas E. Holloran M. Jeanne Coyne, 1957 Bruce A. Finzen The Medtronic Foundation Barbara Jean D’Aquila Bonnie G. Gainsley Shannon N. Stokes Cynthia M. Johnson Joseph C. Gonnella William A. Whitlock Meagher & Geer C. Blaine and Karyne Harstad Steven J. Johnson In memory of Howard W. Mithun, 1936 In memory of Asher Danton Donald H. Lamm Jacqueline S. Mithun Ina and Howard Pfefer Donald P. Lay Julie Pfefer David M. Lebedoff In memory of Donald E. Nelson, 1931 Jonathan G. Lebedoff Stanley Efron In memory of Harold M. Fredrikson, 1936 David L. Lillehaug Fredrikson & Byron Foundation Anthony A. Lusvardi In memory of Norman L. Newhall, 1940 Gerald E. Magnuson Stanley Efron In memory of The Honorable Maslon, Edelman, Borman & Brand Jerry Rosenzweig Robert B. Gillespie, 1928 William E. Mullin John H. Strothman Mr. and Mrs. Douglas D. Gillespie Martin D. Munic Franklin L. Noel In memory of O. Jerome Newsom, 1936 In memory of Eric W. Ingvaldson, 1976 Jonathan S. Parritz John J. Michalik Robert Bennett Jeffrey S. Paulsen Norman P. Bjornnes, Jr. Bruce C. Recher Thomas H. Borman Susan A. Richard Nelson Flynn, Gaskins & Bennett LLP Jerry Rosenzweig Robert D. Furst Allen I. Saeks Stuart D. Gibson Clinton A. Schroeder Mark S. Olson Emily F. Seesel Ronald H. Swanson In memory of Professor Stanley V. Kinyon University of Minnesota Law School Richard S. and Elizabeth L. Kinyon

Partners in Excellence ANNUAL REPORT 2004–2005 103 Memorial Gifts

In memory of Patrick J. O’Connor, 1945 In memory of Kristin J. Allard Vollmers, 1997 In memory of Jeffrey J. Weill, 1989 Jack L. Chestnut Daniel O. Aryeetey Caroline Beckman Lois I. Cruikshank Stephanie A. Asheim Diane Blocher Bischel Barbara Jean D’Aquila Anthony W. Bagnette Heidi Lynn Brown Faegre & Benson Stacy Lynn Bettison Amanda M. Cialkowski Theodore K. Furber John J. Bursch William L. Davidson Kent Handel Grace L. Chan Donna J. Dingle The Hays Group Andrew Y. Chiu Ric Fohrman William N. Kelly Tracey B. Davies William D. Hittler Carl B. King Laurie Dechery Roseanne M. Hope Ronald L. Laumbach Amy E. Erskine Cary B. Johnson Russell W. Lindquist James L. Forum Matthew E. Johnson Maslon, Edelman, Borman & Brand Neil K. Fulton Vanessa L. P. Johnson John W. Mooty Inger C. Hansen-Corona Robert W. Kettering Louis J. Moriarty Noah J. Jussim Teresa J. Kimker Thomas R. Mulcahy Jason R. Kraus Andrea Nordaune Olympic Wall Systems, Inc. Lori J. Marco Vernon A. Nordaune Pella Corporation Jennifer Nestle Thomas R. O’Brien Mr. and Mrs. George Pillsbury Rebecca L. Orttel Gregory A. Olson Martha P. Rogers Caroline Ostrom Paul J. Rocheford Roshini Rajkumar Eugene C. Shermoen, Jr. In memory of Arthur T. Pfefer, 1967 Christopher Rediehs Thomas M. Sipkins Ina and Howard Pfefer Stephen P. Safranski J. M. Bo Snuggerud Julie Pfefer Daniel J. M. Schally Thomas Thoresen Cathlene A. Tharp V. H. Designs In memory of Gary Quick Ellen L. Yee Various Donors Mitchell W. Quick David P. Weill In memory of Joe A. Walters, 1947 Paul D. Weill In memory of Maurice H. Strothman, 1932 Lawrence C. Brown Mr. and Mrs. Daniel J. Winderl Richard F. Corson Jeremiah Kearney Richard P. Wright Lindquist & Vennum Dorie Benesh Refling Neil T. Naftalin In memory of Art Summerfield Ina and Howard Pfefer Julie Pfefer

In memory of Luke H. Terhaar, 1986 Zara Kivi Kinnunen

104 Partners in Excellence ANNUAL REPORT 2004–2005 Ways to Give

Thank you for making the Law School a part of your charitable giving plans. You may wish to discuss with your legal and financial advisors the tax benefits to you and your family or business that may be derived from various giving vehicles. A professional gift planning staff also is available at the University of Minnesota Foundation, 612-624-3333 or 800-775-2187.

GIFTS OF CASH Cash contributions are deductible on your income tax return for the year in which the contribution is made, for the amount of the gift above a threshold amount and up to specific levels. If you give more than the maximum allowed deductible in one year, you may deduct the excess over the next five years. APPRECIATED PROPERTY Gifts of appreciated property, such as real estate or securities, often provide attractive tax benefits for the contributor. Capital gains tax on long-term holdings may be eliminated, and the full market value claimed as a tax deduction in the year of the gift. GIFTS IN KIND Valuable art, objects, books, historical documents, equipment, and other items that might be subject to estate tax upon the owner’s death, can be gifted to the Law School. You may take a charitable income tax deduction for the gift, and know that the items will be treated with care. PLANNED GIFTS Planned gifts can provide guaranteed or flexible income for you and others, provide tax-free income, or help reduce estate and gift taxes, as tailored to suit your individual circumstances. Income-producing gift vehicles include charitable remainder unitrusts, annuity trusts, pooled income funds and gift annuities. Bequests, living trusts, charitable lead trusts and life insurance policies also can help you organize your finances, provide for family members, and make a significant gift to the Law School.

Please make checks payable to the University of Minnesota Foundation, with a note indicating the Law School as the gift designation. Inquiries may be directed to: Martha Martin, Director of External Relations, University of Minnesota Law School, at 612-625-2060.

2005–06 IS A GREAT YEAR TO GIVE FOR SCHOLARSHIPS! A University of Minnesota Scholarship Match Program will double the impact of any gift of $25,000 or more to a new or existing endowed scholarship fund by matching the payout amount! Here’s an example of how it works:

An endowment of $225,000 would produce income of $10,688; the income payout would be matched by the University to provide a total of $21,376—enough to support a full tuition scholarship for one year for a MN resident law student.

MN resident 2005–06 annual tuition: $17,059 + $4,269 fees = $21,328 Non-resident 2005–06 annual tuition: $27,443 + $4,269 fees = $31,712

Normally, it would take an endowment level of $450,000 to generate the annual income payout noted above. The program, announced in summer 2004, is in effect until funds are exhausted. The payout match on the gift amount made during the program enrollment period will continue in perpetuity.

Partners in Excellence ANNUAL REPORT 2004–2005 105 Oﬃce of External Relations N160 Walter F. Mondale Hall 229 19th Avenue South Minneapolis MN 55455 University of Minnesota Law Alumni Society

OFFICERS Stacy L. Bettison ’99, President Professor Brad Clary ’75, Secretary Professor Stephen F. Befort ’74, Treasurer

DIRECTORS

Term Ending 2006 Elizabeth Bransdorfer ’85, Grand Rapids, MI Joseph T. Carter ’83, Apple Valley, MN Christopher J. Chaput ’85, Chatham, NJ Judge 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 Judge Joan Ericksen ’81, St. Paul, MN Joan L. Heim ’68, Washington, DC Thomas R. Hood ’73, New York, NY Dave M. Kettner ’98, Madison, WI Judge LaJune T. Lange ’78, Minneapolis, MN David V. Lee ’70, Los Angeles, CA Judith L. Oakes ’69, Minneapolis, MN Judge Edward J. Wallin ’67, Orange, CA

Term Ending 2008 Leslie M. Altman ’83, Minneapolis, MN J. Charles Bruse ’71, Washington, DC James Cho ’99, Chicago, IL Tracey Davies ’97, Austin, TX Dan Goldfine ’88, Scottsdale, AZ Joan Humes ’90, Minneapolis, MN Nora Klaphake ’94, Minneapolis, MN Marshall Lichty ’02, St. Paul, MN Judge Peter Michalski ’71, Anchorage, AK Paul Swanson ’82, Seattle, WA Nick Wallace ’05, Minneapolis, MN Ann Watson ’79, Minneapolis, MN Mary L. Wegner ’86, Santa Monica, CA Carolyn Wolski ’88, Minneapolis, MN

Alex M. Johnson, Jr., Dean UPCOMING EVENTS DECEMBER 7, 2005 JANUARY 31, 2006 FEBRUARY 7, 2006 JANUARY 4, 2006 Lecture Series on Law, Health Deinard Memorial Lecture on Lunch Series on the Societal Implications Law School Alumni of the Life Sciences & the Life Sciences Law & Medicine p Owen Jones, Vanderbilt University Reception Sponsored by the Joint Degree Program Richard Howarth, Dartmouth College Sponsored by the Consortium on Law and Values in Washington, D.C. in Law, Health & the Life Sciences and the Sponsored by the Consortium on Law and Values in Health, Environment & the Life Sciences Center for Bioethics in Health, Environment & the Life Sciences FEBRUARY 7, 2006 FEBRUARY 14, 2006 MARCH 1, 2006 MARCH 2–4, 2006 Everett Fraser Chair in Law Irving Younger Professor of Law Lecture Series on Law, Health Theatre of the Relatively Talentless Reappointment Lecture Appointment Lecture & the Life Sciences (T.O.R.T.) Mary Louise Fellows, Oren Gross, Martha Farah, University of Pennsylvania University of Minnesota Law School University of Minnesota Law School Sponsored by the Consortium on Law and Values St. Paul Student Theatre in Health, Environment & the Life Sciences

MARCH 11–26, MARCH 13–18, 2006 MARCH 28, 2006 2006 Super CLE Week XXVI Horatio Ellsworth Kellar Distinguished APRIL 6, 2006 Alumni Trip to China Visitor Program Including all the Ethics and Bias Credits Minnesota Law Review Scott Turow, Sonnenschein, Nath, Sponsored by the Law you will need for the Reporting Period. Alumni Society and Rosenthal, LLP Banquet

APRIL 6–9, 2006 APRIL 9, 2006 APRIL 11, 2006 APRIL 11, 2006 Race for Justice 5k Popham, Haik, Schnobrich & Kaufman, Lunch Series on the Societal Spring Alumni Fun Run/Walk Ltd./Lindquist & Vennum Professorship of Implications of the Life Sciences & Reunion Law Reappointment Lecture Richard Sandor, Chicago Climate Exchange Fred L. Morrison, University of Sponsored by the Consortium on Law and Values Weekend Minnesota Law School in Health, Environment & the Life Sciences

APRIL 21, 2006 MAY 13, 2006 MAY 19, 2006 This is not an exhaustive list of the events occurring at the Law School. For a complete CONFERENCE:Terrorist Threats to our SYMPOSIUM listing, refer to: Food Supply: Food Protection and http://www.law.umn.edu/events/index.html. Defense—Science, Ethics & Law Risk: Understanding, Communicating, and Regulating the Risks Alumni can also contact Sara Jones at Sponsored by the Consortium on Law and Values Commencement 2006 Posed by New Biomedical Technologies (612) 626-1888 or [email protected] in Health, Environment & the Life Sciences for additional information.

Nonprofit Org. U.S. Postage N160 Mondale Hall 229 19th Avenue South PAID Minneapolis, MN 55455 Minneapolis, MN Permit No. 155 p