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This Book is brought to you for free and open access by the Law Publications at EngagedScholarship@CSU. It has been accepted for inclusion in Law Notes by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. Vo lume 8 • Issue 1 Cleveland-Marshall Law Alumni Association News

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Court Reporting • Document Retrieval • Legal Videography • Service of Process • Litigation Support Erieview Tower 1301 E. Ninth Street Cleveland, OH 44114 Dear Fellow Alumni:

Now that the millennium furor has subsided and everyday life is pretty much back to normal, it is reassuring to realize that some things never change. Two such Cleveland-Marshall Law Alumni Association traditions that will always be unchanged are the Annual Recognition Luncheon and Student Scholarship Program.

Each year at the Annual Recognition Luncheon, we recognize two alumni whose legal contri­ butions warrant special acknowledgement. This year, the Association will honor the Honorable Francis E. Sweeney and the Honorable Ralph J. Perk. I have appeared before Justice Sweeney, and as Magistrate worked closely with Judge Perk. They are both excellent Judges and most worthy of this prestigious honor. I Ii.ope that you plan to support this event to be held on May 25th at the Renaissance Hotel.

The Cleveland-Marshall Law Alumni Student Scholarship Program was established in 1990 to assist outstanding Cleveland-Marshall College of Law students who have completed their first year. Funded by the Life Members of the Association, the Program awards a maximum of ten scholarships of up to $500 annually. The following are some of the criteria the Committee con­ siders in the selection process: scholastic achievement in law school; participation in law school' organizations/activities; participation in community activities/organizations; unique life experiences; financial need and employment. Recently, the scholarship Committee con- , vened and selected ten exceptional recipients.

The above are two examples of the rewarding activities of the Cleveland-Marshall Law Alumni Association. My term is drawing to an end. It has been a privilege to serve the Association. I would like to thank all of you who gave your time and effort in support of our mission. Remember,. those of you not yet involved, it is never too late to join, participate and enjoy.·

~~lm~OMV'Laura Ann Williams Cleveland-Marshall Law Alumni Association News-Spring 2000

On the cover: Cleveland-Marshall College of Law celebrates the law school's first women graduates. Clockwise from top: Eleanor Farina N 0 T E S '25, Anna Maher '23, Ohio Appellate Court fudge John f. CONTENTS Sullivan swears in Genevieve Cline 3 '21, Ethel Kest Rippner '25, Frances Dean's Column M. Smith '23; center: Leona Marie 4 Esch '24. CMLAA Honors Justice Sweeney and Judge Perk 12 Background picture: Mary Grossman '12 National Advisory Council 14 Life Members Cover artist: William Szilagyi 18 CMLAA Honors its Life Members and Mentors 20 Visiting Scholar Gordon S. Wood 23 Special Feature: Remember The Ladies 40 Volume 8, Number 1 Spring 2000 Criminal Justice Series Editor: 42 Mary McKenna Associate Editor: My Pro Bar Experience by Ann Vaughn Louise F. Mooney 43 Graphic Design: Szilagyi Communication Design Bar Results Printer: 44 Legal News Publishing Company Photo Credits: Human Rights Activist Ratna Kapur Mary McKenna, Bill Rieter, Greg Hildebrandt and Steve Zorc 45 We hope you enjoy this new issue of Law Notes Remembering Violet Tarcai '43 and ask that you continue to contribute and respond to information in this and future issues 46 of Law No tes. Special than ks to Leon M. Plevin '57, Donald F. Traci '55, Susan L. Gragel '80, Baker & Hostetler Visiting Professor Peter Fitzpatrick Daniel R. McCarthy '54 and Sheldon Sager for 47 their commitment in support of this publica­ tion. Special thanks to Re-Orienting Law and Sexuality Rosa M. De!Vecchio for her assistance. The CMLAA Board of Trustees is dedicated to 50 serving the alumni, students, faculty and staff Library Titles of Interest of the College of Law. For comments and suggestions, please feel free 53 to contact the Law Alumni Office Alumni Happenings at 216-687-2368. Law Notes, issued by the Cleveland-Marshall 59 Law Alumni Association, 1801 Euclid Avenue, Faculty and Staff Happenings Cleveland, Ohio 44l15

Spring 2000 1 ..... I I I I ~ SEPTEMBER I I: I I I == Graduating ...... ,..___ Classes I Ending in ~I Dean's Column

Practical Legal Education by Dean Steven H. Steinglass

n the days before the creation of the residents of Northeast Ohio. ment officials to develop a model law schools, the traditional man­ Through this clinic, with the guid­ zoning ordinance to protect the qual­ ner of preparing for the legal ance of Assistant Director Ken ity of the Chagrin River from harmful I profession was to "read law" in Kowalski and clinical faculty mem­ spillage and development projects the office of a veteran practitioner. In ber Gordon Beggs, students represent menacing the quality of river water. many ways this apprenticeship tradi­ clients alleging employment discrimi­ Students emerge from the Clinic with tion survives in clinical legal educa­ nation based on race, national origin, a greater understanding of the fragili­ tion, externships, and other pro­ exercise of First Amendment guaran­ ty of the earth as well as with an abil­ grams that remove students from the tees, age, religion, color, protected ity to use their legal training to pro­ classroom and place them in a num­ tect the environment. ber of real-world settings. There, Professor Stephen R. Lazarus under the supervision of faculty and supervises students in the Fair practicing attorneys, Cleveland­ Housing Clinic in their work for Marshall students "practice" law. Housing Advocates, Inc., a public The Strategic Plan commits the interest law firm that seeks to resolve law school to providing students landlord-tenant disputes and other with a rigorous professional educa­ housing law matters. As with all clin­ tion. In addition to recent curricular ical education, students' involvement changes that expand and strengthen with clients is personal and immedi­ the Legal Writing and Research ate, and, because the clients are gen­ Program, that add more skills and erally unable to afford private legal simulation courses, and that provide counsel, our students are sensitized to the opportunity for more drafting the needs of a vulnerable segment of and critical review in first-year cours­ our community. es, the Plan provides students with Under the direction of Professor more real world experience. This col­ Alan Weinstein, who has joint umn focuses on practical legal educa­ appointments at Cleveland-Marshall tion and describes some of the set­ and at the Maxine Goodman Levin tings in which our students learn the College of Urban Affairs of Cleveland law while also learning the impor­ State University, the Law & Public tance of serving the community. immigration status, and physical or Policy Clinic provides students with mental disability. Recently, students an exceptional clinical experience. Real-World Law: the Clinics have begun to provide representation This Clinic, which is an extension of in cases involving pension and bene­ the Law & Public Policy Program, Many Cleveland-Marshall graduates fit claims, overtime compensation, functions like a "think tank," and stu­ today are grateful for the insights and workers' compensation retalia­ dents perform research and policy they gained and the skills they devel­ tion. analysis for citizens groups, non-prof­ oped as students in the law school's In 1991 Professor David it agencies, and state and local gov­ five clinics: the Employment Law Barnhizer founded the law school's ernments. Students have worked Clinic, the Fair Housing Clinic, the Environmental Law Clinic, and under directly on a study of "ethics in gov­ Environmental Law Clinic, the Law the direction of David and co-director ernment" legislation in other states, & Public Policy Clinic, and the Professor Heidi Gorovitz Robertson, made recommendations for the Ohio Community Advocacy Clinic. Of students provide legal support on Ethics Commission, and analyzed these, the oldest is the Employment environmental issues to private citi­ minority set-aside programs for local Law Clinic. Founded in 1972 by zens, organizations, legislators, and governments. Professor Jane Picker as the Sex other government officials. In this The Community Advocacy Discrimination in Employment clinic, Cleveland-Marshall students Clinic, another extension of the Law Clinic, the Employment Law Clinic have worked with the Chagrin River & Public Policy Program, is also has a remarkable record of serving Watershed Partners and local govern- Continued on page 51

Spring 2000 3 On May 25, the Cleveland-Marshall Law Alumni Association salutes two of Ohio's most capable jurists: the Honorable Francis E. Sweeney Sr. '63, Justice of the Ohio Supreme Court and the Honorable Ralph /. Perk Jr. '83, Judge of the Cleveland Municipal Court. Both graduates are inheritors of the law school's record as the principal educator of the state's judiciary, and both are representative of the law school's legacy as Northeast Ohio's primary educator of the children and grandchildren of immigrants. Our honorees' histories are intimate with the history of Cleveland and with the city's rich cultural heritage.

4 Law Notes Cincinnati. "I had eight years with the Jesuits," he says. "They formed my thinking: their philosophy, their logic." Sweeney graduated from Xavier in 1956 with a degree in business. But he did not turn toward a career in business. One of his former football coaches was in Canada and he path the Honorable Francis E. Sweeney Sr. induced him to Ottawa to play professional football with has followed to the state's highest court was one the Ottawa Rough Riders. Sweeney was perhaps the only well worn by Cleveland's new Irish American Jesuit-trained football lineman in all of Canada! In 1957 citizens in the first decades of the past century: he was drafted by the U.S. Army and found himself again The road begins on Achill Island in County on the football field, this time playing for the U.S . Army. TMayo on Ireland's west coast, the rugged, impoverished, He recalls that because of the military draft a number of and dazzlingly beautiful region from which so many Irish professional players or former college stars played with immigrants departed for Cleveland and their new homes military teams. "It was almost a semipro league," he says. and new jobs in the city's foundries, factories, and mills or "The caliber of football was really that good." In 1958 he on the huge iron-ore barges navigating the twisting returned to Ottawa and finished the season. Cuyahoga. Others, men only of course, new to America, But "I decided there had to be an better way to found work on the police force, for in Cleveland, as else­ make a living," the Justice recalls. There was a better where in the states, the Irish cop was an institution. James way, his brother Michael, a graduate of the law school Sweeney, the father of Francis Sweeney, was a Cleveland at Case Western Reserve University, assured him: There policeman-the first of the Sweeney public servants. When were the tantalizing promises of a career in law. Michael he was well settled, Sweeney was at that he sent for his 1 time a partner in sweetheart, Mary St. Ignatius s football teams have the firm of Kilbane, Joyce. The couple McDonald and married, had five historically been the best in the city, Sweeney, practicing children, and raised with James Kilbane their three boys and and Francis 1 a tackle1 became one of and Daniel two girls on Delora McDonald. Eventu­ Street in Old the school's football heroes. ally Michael Sweeney Brooklyn. The would serve in the Justice's two sisters, Margaret Kleinpell and Mary Sweeney, Ohio House and on the Cuyahoga County Common Pleas still live in the family home; his two brothers, Michael and bench. James, are deceased. Francis was the By 1958 there was another pow­ fifth and last child. erful incentive for relinquishing his A church on a hillock in Old career in professional football. Francis Brooklyn, Our Lady of Good had met a young Ursuline College Counsel-by local standards an enor­ school teacher, Lee Yezbak, on a blind mous church with an unconquer­ date. They married that year, and able echo-was built and adorned by Francis went to work in the legal immigrant artisans at the turn of the department of Allstate Insurance century. In the school attached the Company. The following year he youngest Sweeney began his school began his legal studies at the old days; in the church he served as an Cleveland-Marshall Law School altar boy. From there he entered St. under Dean Wilson Stapleton '34. Ignatius High School, the school run "I worked all day at Allstate and by Jesuit fathers that had been a three nights a week came downtown to school of opportunity for genera­ the law school. Everybody was in the tions of immigrants' sons. "My same boat," says Justice Sweeney. "We father was determined that I would all had separate work. There was the study with the Jesuits. It was the best kind of camaraderie you have when all experience," says the Justice. St. come from the same background-all of Ignatius's football teams have histor­ us working to get ahead and get an ically been the best in the city, and education." The Sweeneys had two Francis, a tackle, became one of the children by then: Francis E. Sweeney school's football heroes. Graduating Jr. '89 and Susan Sweeney. Two other in 1952, he won a football scholar­ sons, Terrence and John, followed. ship to yet another Jesuit strong­ In the meantime, at Allstate, he hold, Xavier University in Francis Sweeney, St. Ignatius football star was having educational experiences

Spring 2000 5 tantamount to contemporary courses in its heavy reliance on revenues taken from excerpts of the Justice's in clinical legal education. Beginning from property taxes, had created vast opinion: one-half of Ohio's school as a claims adjuster, by the time he inequities between rich and poor buildings were 50 years old or older, finished law school, he was appearing schools. The case split the court's and though a little over half of these in Common Pleas Court, handling all Republican majority and found buildings contained adequate electri­ suits filed in Cuyahoga County Republican Justices Paul Pfeifer and cal systems, only 17 percent of the against Allstate clients. Then in 1963 Andy Douglass siding with heating systems and 31 percent of he was presented with an opportuni­ Democratic Justices Alice Robie the roofs were satisfactory. ty to work alongside legendary Resnick and Sweeney. Justice In Buckeye Local, Belmont County, County Prosecutor John T. Corrigan. Sweeney, who wrote the majority 300 students were hospitalized when­ Justice Sweeney considers his seven opinion, considers his part in the carbon monoxide leaked from years as an assistant prosecutor decision one of his "proudest heaters and furnaces; another school among the most valuable of his moments because it did the greatest was sliding down a hill at a rate of an career. good for the greatest number of peo­ inch per month. In the Dawson­ In 1970, with the endorsement ple." Bryant School system, students were of the County Democratic Party, the What moved Justice Sweeney breathing coal dust emitted from a 36-year-old Sweeney ran for and was and the concurring Justices were such coal heating system, and they elected to the Court of Common disquieting data as the following, returned each day to find their desks Pleas; there for the next 18 coated with a film of years, the Judge presided coal dust. Apart from over thousands of His decisions reflect an apolitical these indecencies in cases-both civil and crimi­ the physical plants, nal-involving the lives of regard for the working classes that students in poorer thousands of his fellow cit­ school districts often izens. In 14 of those years, were his first neighbors and family had to rely on outdat­ he received the ed text books; in Outstanding Judicial and an attentiveness to the needs other schools there Award from the Ohio were lotteries for Supreme Court. In 1988 of the voiceless-the poor and books, and in yet oth- Judge Sweeney entered ers there were no text­ and won the race for a seat their children. books at all. None. on Ohio's Eighth District Poorer schools, more­ Court of Appeals. In 1992 he was over, were often unable to offer elected to a seat on the Ohio Supreme advanced-placement or honors Court and reelected in 1999, the only courses that help students qualify Democrat to win a state-wide election for college scholarships. In short, as that year and one of only two the Justice stated in his opinion, Democratic Justices on the court. many Ohio schools were "starved for In Cuyahoga County, Sweeney is money." And, when the Justice says a highly electable name. The Justice the DeRolphe decision affected "the also admits that being named greatest number of people," he was "Francis" is no handicap because, he speaking of over one million Ohio reasons, some persons probably think school children, the poorest of he's a woman and vote for him on whom were starving for education. that account, and, indeed, he does Despite the acrimonious reaction quite well with the female vote. But DeRolphe provoked, Justice Sweeney that is not the whole story. The was handily reelected to his second Justice has had an unsullied record of term on the high court in 1999. public service, and often even in the In 1999 the unpredictable bi-par­ hostile climate of Ohio politics, he tisan Sweeney, Resnick, Douglass, has yet to find an opponent who can and Pfeifer coalition once again register a genuine complaint against brought down upon themselves the him. wrath of Republican legislators and Not that he doesn't have his influential segments of the public detractors. Take for instance the fury when, in Ohio Academy of Trial aroused by the court's 1997 ruling in Lawyers v. Sheward, they outnum­ DeRolphe v. State of Ohio, which found bered the three remaining Justices in that Ohio's school funding formula, The future Justice Sweeney, Assistant voting to strike down 199 7 tort County Prosecutor

6 Law Notes reform legislation that would have needs of the voiceless-the poor and Czech father and an Italian mother, limited damage awards against com­ their children. And in the records of Lucille Gagliardi Perk. He has lived panies. Supported by labor and the his law alma mater, he is representa­ his entire life in the predominantly trial attorney bar, the concurring tive of the post-war generations who Czech and Polish neighborhood Justices were criticized for allegedly attended the old law school on bounded by East SSth Street and overstepping the court's authority by Ontario and Lakeside, a class of men Broadway where his grandparents set­ business leaders, the insurance lobby, and women whose lives were not tled, where his parents grew up, met, and legislators. Said Victor Schwartz, cushioned by any resources other married, and raised their daughter general counsel of the pro-business than their own stamina and commit­ and six sons. He has, as well, his American Tort Reform Association, ment. These men and women helped father's deep commitments to com­ when interviewed by Michael rebuild the troubled city and state of munity service. Most evenings, leav­ Hawthorne of the Cincinnati Enquirer the 1960s and 1970s. Justice Sweeney ing his office in the Justice Center, on August 22 of last year, "This court ranks high among those remarkable Judge Perk heads out across the city completely disemboweled the funda­ servants of the public good. to attend a meeting of any of the 30 mental principles of constitutional or so community and professional law." But, in the same article, organizations that have seated him Cleveland-Marshall Professor Kevin on their boards or solicited his mem­ O'Neill pronounced such criticism bership, or he may well turn up at a ill-founded: "Part of the blistering political rall y or charitable benefit, or tone you see in the tort decision," perhaps on a Wednesday, he may said O'Neill, "refl ects the frustration stop at Carlin Hall, the cultural center of justices forced to clean up the mess e is indisputably his of the Czech community, for an knowingly left by the legislature father's son: Th e evening of music and dancing. It working on behalf of those groups." Honorable Ralph J. Perk might be his evening for the Knights In spite of the Justices ' some­ Jr. looks, walks and of Columbus or the Italian Sons and times virulent philosophical clashes, speaks like his father, Daughters of America. And then Sweeney says that his fellow Justices Hthe late Ra lph J. Perk, three-term there is his long involvement with are "all really great people," and, he Mayor of Cleveland, and like his Our Lady of Lourdes on East 53rd points out that no matter how father he is a product of Cleveland's Street, where he received his primary intense the discourse may be in the rich ethnic heritage, the son of a and secondary education-13 years in afternoon, they frequently sit down the same parish school, in the church together in the evening where he was an altar and enjoy a conflict-free boy, where he still attends dinner. In fact, it is diffi­ Mass, and where he chairs cult to believe that his col­ the parish's Finance leagues could harbor for Committee. In Cleveland long much enmity toward the maxim "all politics is this good-spirited and ami­ local" has its own reso­ able Justice. nance, and the Perk father ••• and son are its truest Now, at the turning of the expression; politics became century, Francis E. the family business. Sweeney Sr. has dedicated Ralph J. Perk Sr. almost half of his 66 years dropped out of high school to serving the people of to take a job as the area ice Ohio conscientiously and man. According to long­ scrupulously as lawyer, time family friend Karin assistant prosecutor, Judge Mika '89, Perk was drafted and Justice. He once into Republican politics by remarked "I am not a Joseph Dolesh, a Cleveland politician. I am a judge," Coucilman. Dolesh was and he wears the cloak of impressed with the genial seasoned jurist well. His iceman's rapport with his decisions reflect an apoliti­ customers. Perk's brother, cal regard for the working George, was also inclined classes that were his first toward politics, but he neighbors and family and became a Democrat at the an attentiveness to the urging of Democratic politi- The Perk family - 1967

Spring 2000 7 cian and future U.S. Congressman ken chair-throwing President George and he withdrew from school to Charles Yanik. "Not the typical histo­ Forbes '62, mirrored the hostilittes devote himself full time to serving his ry for what's become one of the best besetting the city. In 1971 the Mayor constituents. known Republican families in the announced he would not seek a third In 1979 Ralph Perk was defeated area," says Karin. term, and Republican Ralph Perk Sr. in his bid for a fourth term in the Ralph Sr. worked his way through surprised every newspaper and politi­ Mayor's office, and his son was the Republican ranks, from precinct cal pundit in town by defeating two defeated in his bid for a sixth term on committeeman to the staff of the Cleveland veteran politicians: inde­ the Council. "It was a brutal year," he Ohio Attorney General to Cleveland pendent candidate Arnold Pinkney, recalls. And City Council member to it was a brutal race, Cuyahoga County pitting scrappy Council Auditor to three-term He has lived his entire life in the member Dennis Mayor of Cleveland, all Kucinich, a Democrat, along mindful of the predominantly Czech and Polish against the Republican ethnic community that Mayor he had helped nourished him and his neighborhood bounded by East elect. The men had family. "Was it hard to clashed bitterly over be without a father so SSth Street and Broadway where Perk's attempt to sell much of the time?" I ask the city's failing him. "Politics was just his grandparents settled, where his Municipal Power Plant our way of life," the to the giant CEI in order Judge recalls. "We all parents grew up, met, married, and to alleviate the knew that." city's growing debts. After high· school, raised their daughter and five sons. Kucinich was vicious in Ralph Perk Jr. enrolled at his opposition to Perk Ohio State and majored and spared no words in in accounting. "I am very good in President of the Cleveland School condemning his rival. Says the former math," he says, but as it turned out, "I Board and Stokes's own pick for the Mayor's son about the man who didn't like accounting." That is not job, and Democratic candidate James defeated his father: "To give him the hard to understand given the rough Carney. And thus the family business benefit of the doubt, he was just too and tumble allure of the political found both father and son working young, too rash." The two men have world where his father's career was together in the same shop. long since made peace, and when ascendant: In 1962, he had been "It was terrible," says the son, Mayor Perk died in 1999, Kucinich, elected County Auditor. In Ralph Jr.'s "trying to separate family responsibil­ now U. S. Representative from the last year of college, the dissatisfied ities from city responsibilities. We (i.e 10th Congressional District, eulo­ accountant ran for and won a seat on father and son) never clashed but it gized the man he had defeated 22 Cleveland City Council representing was difficult being an advocate if it years earlier and spoke of Mayor Cleveland's 15th ward, the same blue had anything to do with being nega­ Perk's work on behalf of the ethnic collar ethnic ward where he had tive to the administration." Despite and minority communities: "The grown up and whose residents his his personal struggle, Judge Perk is world could use the message of his father had previously represented on proud of his accomplishments. As life .... For generations he led us in the Council. representative of a ward that encom­ celebrating the beautiful mosaic that Returning to Cleveland following passed a portion of the industrial flats is our inheritance in greater his graduation, Ralph Jr. enlisted in and a large residential segment on the Cleveland." the Army Reserve and enrolled in west side, "I worked on two major air After his departure from the Cleveland-Marshall, but his life was pollution code revisions, really for­ Council, the younger Perk returned to quickly consumed by the demands of ward-thinking revisions. I worked on private life, working first as an admin­ the Council, for his years in City Hall updating the zoning-from 1929 istrative auditor for the Ohio Bureau coincided with some of the most statutes-to have the zoning reflect of Employment Services and then as a tumultuous Councils in Cleveland what was happening in the commu­ Hearing Officer for the Cuyahoga history. Carl Stokes '56, Cleveland's nity, and I worked on cleaning up the County Board of Revision, the agency and America's first African American ward and coordinating city services to that rules on challenges to property Mayor, struggled to govern a city help in the clean up." But his work on taxes. And in 1980 he returned to wracked with racial strife, contention the Council, the constant bickering Cleveland-Marshall as a part-time law over the education of its black chil­ of its members, and public pressure of student. He graduated in 1983, dren, and major financial problems, his constituents and the media took remained with the Board of Revisions and the City Council, under the their toll on his law studies. " I was and set up a private practice with direction of its flamboyant, outspo- working too hard, " he remembers, Mark Miller '83 "It was a natural pro-

8 Law Notes gression," he says. care. 1985 and 1989, when he served as its But politics was still thick in his "I did not think the busing of President. He is proud of his partici­ blood, and in 1983 he won a seat on children away from their homes was pation in negotiating two labor con­ the Cleveland Board of Education. In right," recalls the Judge, who today tracts with relatively little teacher­ 1983 there was perhaps no city's resides with his mother in the home and-staff unrest and of his work on board of education so politically where he was raised, in walking dis­ the Board's Legal Affairs Committee. charged and so at odds with itself as tance to the school he attended for 13 Moreover, Perk, the uncle of 16 nieces Cleveland's; Perk's move from the years. "But we could not defy the and nephews and the father of one, City Council to the Board was a leap court order, and we would never be says that anything that had to do from the frying pan into with the district's chil- a major conflagration, a dren directly was won­ bonfire, in fact! And what does he like best about derful. As a member of In 1976 U.S. District the Curriculum Court Judge for the the job? "Performing marriages. Committee, he went Northern District of every month into a dif­ Ohio Frank]. Battisti had Marrying people. I believe in the ferent grade to observe found the Board of the children's response Education guilty of de family unit so it's a privilege to be to their teachers and facto and de jure segrega­ 11 their assignments. What tion and had subse- a part of a new life. he discovered, he says, quently issued the his- was "astonishing. The toric order that created teachers were great, the the Department of School free of it unless we implemented it." curriculum was great, the children Desegregation Relations and initiated The Judge recalls that despite the were great, but they weren't learn­ cross-town busing of the city's young­ difficulty of "getting seven persons to ing." His conclusion? The parents sters. Parents from both sides of town agree on any policy and then trans­ had to be integrated into their chil­ began picketing the Board and the lating it into the classroom through dren's educational program, and he schools to which their students were the bureaucracy," he had much per­ proposed the Board produce videos assigned and holding sit-ins at the sonal satisfaction during his seven instructing parents how to help their Board's headquarters. Its long-time years there, including the two years, children become successful students Superintendent, Paul Briggs, an and future citizens. His proposal opponent of busing, resigned was not supported by the admin­ in 1978, and a new istration. Superintendent, Peter Carlin, In 1991 Governor George V. was appointed with great fan­ Voinovich appointed Perk to fill a fare; four years later the Board vacated seat on the Cleveland refused to renew his contract. Municipal Court. He was elected Perk arrived on the Board to the court at the end of the year a year after the arrival of and reelected in 1997. On the yet another Superintendent: court he is a rarity: the only Frederick Holliday. Holliday, an Republican among 13 Muny African American, appeared to Judges. The court's case load is be precisely the person to notoriously onerous with juris­ implement Judge Battisti's rul­ diction in both civil and criminal ing and to pour oil on the trou­ matters, but it is a job the Judge bled waters engulfing the city's finds "immensely rewarding. It is schools. Two years later, an rewarding," he explains, "when embittered Holliday killed you fashion a sentence or disposi­ himself with a gunshot to the tion on a case-and of course you head in a hallway of Aviation do it believing it will assist both High School, leaving behind a parties-and you find, especially in letter critical of the "fighting a criminal case, you help them among school board members move in a more responsible direc­ and ... petty politics." It was a tion. The relationship is personal. I hard time to serve a Board, know they can be positively influ­ which, by rights, should have enced because I run into people all been a model of deportment the time who are thankful. People for the children entrusted to its Ralph Perk fr. pedals through Ward 15 Continued on page 52

Spring 2000 9 + + •

•• CONGRATULATORY • --- ANNOUNCEMENTS I ------,

YES. I would like to reserve space in the 2000 Cleveland-Marshall Law Alumni Association Annual Recognition Program! Honoring Alumni of the Year Honorable Ralph J. Perk, Jr. '83 Justice Francis E. Sweeney '63 The Cleveland-Marshall Law Alumni Association Annual Recognition Luncheon will be held on Thursday, May 25, 2000 • 11 :30 A.M. at the Renaissance Cleveland Hotel

D Full Page (5-1/2 x 8-1/2) ...... $300.00 Name ------D Half Page (5-1/2 x 4-1/4) ...... $150.00 D Qtr. Page (2-3/4 x 4-1/4) ...... $ 75.00 Address ______Please provide camera ready art work. City ___ _ State __ Zip ___ _ Make checks payable to CMLAA and submit to: Phone ______Mary McKenna Cleveland-Marshall Law Alumni Association 1801 Euclid Avenue For further information, contact Cleveland, Ohio 44115 Mary McKenna at (216) 687-2368. L------~ CCfhe CQeveQaVtdvl\AaftghaQQ ~aw c.JlQumVti c.JlggociatioVt cohdiaQQy iVttJiteg you to atteVtd itg

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vhe CQeveQand~a1tshaQQ ~aw l.Muwitti ~ssociaH011 ~miuaQ CRecog11Wo11 ~uncheon vhu1tsday, vUay 25, 2000 gncQosed is my chec~ payabQe to CQeveQand~a1tshaQQ ~aw ~Quwitti ~ssociaHon i11 the amou11t Ob $ ___ bOll tabQe(s) Ob I 0 at $goo pell tabQe oil 1tese1tt1aH011s at $go pell pe1tso11. u\lame cpho11e ------gillm .Quite ------~ ------~ ~d~ess ______~

cpQease p1tepay 1tese1tt1aH011s by vUay 17, 2000, to the CQeveQa11d~a1tshaQQ ~aw ~Qum11i ~ssociaH011, 1801 gucQid ~t1e11ue, CQeveQa11d, ©hio 44115, oil ba~ 1tese1tt1aH011 at (216) 687-6881. go/! bu1tthe1t i11bo1tmaH011, caQQ (216) 687-2g68. The National Advisory Council is chaired by James A. National Advisory Thomas '63, Chief Executive Officer of the Thomas Properties Group, a major investment builder that special­ izes in the development of corporate headquarters and Council Helps Forge mixed-use commercial properties. Born in Pembroke, North Carolina, he grew up in Cleveland and earned his BA with honors from Baldwin-Wallace College. He is a magna the Future Of cum /aude alumnus of Cleveland-Marshall. Thomas's com­ munity and civic commitments disclose a devotion to the Cleveland-Marshall arts and to improving the quality of life in metropolitan Los Angeles. He serves on the Board of Governors of the Music Center of Los Angeles County and was Chair of the Board of Governors for the 1992-93 term. He also served as Chair of the L.A. 2000 Regional Partnership, a diverse com­ mittee devoted to addressing regional urban issues in Southern California. By March of this year, the National Advisory Council included 37 of the school's most influential graduates and friends. From the judiciary, Dean Steinglass invited United States District Court of the Northern District of Ohio Senior ~-...... leveland-Marshall College of Law is the foun­ Judges Ann Aldrich, former Cleveland-Marshall Professor dation of the legal community in Northeast of Law, and John M. Manos 'SO; United States District Ohio. Its graduates dominate the area's judi­ Court of the Northern District of Ohio retired Chief Judge ciary, figure prominently in Cleveland's legal George White 'SS, now Director of the Cleveland Browns community, and occupy high positions in Foundation; United States District Court, Northern District .._....,,,_.... the world of business, government, and non­ of Ohio Judge Dan A. Polster; United States Court of Federal profit organizations. In this part of the country the law Claims Judges Francis M. Allegra '81 and Bohdan Futey school's reputation is sound. It is a mistake, however, to '68; Ohio Supreme Court Justice Francis E. Sweeney '63. think of Cleveland-Marshall as exclusively a regional law Members who have served or are serving in state and school. For it is a law school to which students now come federal government include United States Representative from over 100 undergraduate colleges and universities year­ Steven LaTourette '79; former United States ly, whose faculty publishes articles and books on the Representatives Louis Stokes 'S3, now with the nation's most pressing legal issues, and whose graduates, Washington, D.C., office of Squire Sanders & Dempsey, and spread throughout the United States, are bringing distinc­ Dennis Eckart '74, now with the Washington, D.C. firm of tion to themselves and their alma mater. In short, having Bakes & Hostetler; Ohio Lieutenant Governor Maureen been a formidable regional presence for O'Connor '80 and Anthony J. over 100 years, Cleveland-Marshall Celebrezze, Jr., '73, former Ohio has, in its second century, a well­ Attorney General, now a member of regarded national presence as well. Dinsmore & Shohl in Columbus. During the 1998 strategic plan­ Robert T. Bennett '67, Chair of the ning process the law school reformu­ Ohio Republican Party, is also a mem­ lated its mission, reexamined its cur­ ber of the law school's National riculum, and rededicated itself to the Advisory Council. traditional, core values of legal educa­ The Council includes members tion. Among goals set by the faculty, who are well known to many law staff, students, and alumni involved in school faculty, staff and alumni: the process was a commitment to former Cleveland-Marshall Dean assert forcibly its national presence. Robert L. Bogomolny, now General With this in mind, Dean Steven H. Counsel at G.D. Searle & Co.; former Steinglass last year created the Cleveland-Marshall Interim Dean Cleveland-Marshall National Advisory and Professor of Law Lizabeth A. Council from Cleveland alumni and Moody, Dean Emerita of Stetson Law from alumni throughout the country. School; Tulane Law Professor and Its purpose is to provide counsel on the former Cleveland-Marshall Professor law school's direction in this new and Marjorie Kornhauser '79; and former challenging century as well as to Cleveland-Marshall Professor Janice emphasize our school's national pres­ Toran, now attorney at G.D. Searle & ence. Co. fames A. Thomas

12 Law Notes The Council has three journalists Kleinman '70, partner in the Tampa Counsel and Assistant Secretary of of note: Tim Russert '76, Senior Vice firm of Holland & Knight, LLP; Daniel Ferro Corp; and the Council's most President, NBC News Washington R. McCarthy '54, partner in the recent graduate, Oscar Romero '93, is Bureau, is moderator of "Meet the Cleveland firm of McCarthy, Lebit, Core Legal Process Manager of 1 Press," Carl Stern 661 former Crystal & Haiman; Thomas L. Motorola Inc. in Chicago. spokesperson for Attorney General Peterson '81, partner in the In 1897 when Judge Vickery Janet Reno, now teaches in the School Washington, D.C., firm of Banner & opened his small proprietary night law of Media and Public Affairs at George Witcoff LTD; William E. Powers '68, school, he could not have imagined Washington University, while Gary partner in the Tallahassee firm of the large university-affiliated College Hengstler '83 is editor and publisher Powers, Quaschnick, Tischler, Evans & of Law that has outlasted over ten of the ABA Journal in Chicago. Dietzen; John J. Sutula '53, partner in decades of unpredictable economic A majority of the Council mem­ the Cleveland firm of Chattman, and political shifts. The law school has bers are in corporate or private prac­ Gaines & Stern; David C. Weiner, part­ prospered, in part, because it has tice: William L. Bransford '75, part­ ner in the Cleveland firm of Hahn always been able to rely on a coalition ner in the Washington, D.C., firm of Loeser & Parks; Margaret Wong, part­ of alumni, friends, and community Shaw, Bransford & O'Rourke; David ner in the Cleveland law firm of leaders who powerfully advocated its Paul Burke '81, partner in the Tampa Margaret Wong & Associates Co. LPA; cause and its future. The new firm of Carlton, Fields, Ward, and B. Casey Yim '75, partner in the Cleveland-Marshall National Advisory Emmanuel, Smith & Cutler; Thomas Los Angeles firm of Pivo, Halbreicht, Council members, with their vast E. Downey '74, partner in the Denver Cahill & Yim. expertise and years of service to the firm of Downey & Knickrehm; And, finally, Council member profession, are the inheritors of that Thomas 0. Gorman '73, partner in Robert Goldberg '65 is President of tradition of generous men and women the Washington, D.C., office of Porter, the Ohio Savings Bank; Steven Percy who guided the law school steadily Wright, Morris & Arthur; Ronald E. '79 is former CEO of BP America; Jack through the last century and prepared Hurst '87, partner in the Philadelphia Staph '73 is former Senior VP Secretary the foundation for the work that must firm of Montgomery, McCracken, and General Counsel of Revco; be accomplished in the first decades of Walker, &, Rhoads, LLP; Leonard Leonard Young '74 is General the new century. •

Tim Russert Louis Stokes Margaret Wong

Robert Goldberg Oscar Romero Hon. Steven LaTourette

Spring 2000 13 life Meml:>ers

1940 Hon. William T. Gillie Norman T. Musial Richard W. Sander 1941 Paul J. Hribar 1961 Hon. Anthony 0. Calabrese, Jr. Walter A. Rodgers 1942 Hon. August Pryatel Fred Lick James H. Peak J. David Horsfall Paul S. Sanislo Theodore R. Klammer 1949 Richard J. Moriarty Richard J. Bogomolny Leslie J. Spisak 1950 Bernard Mosesson Robert Wantz Lucian Rego Charles Ipavec Esther S. Weissman Joseph A. Valore 1951 Dr. Bernice G. Miller Winifred A. Dunton Robert M. Phillips Hon. Eugene M. Fellmeth Leon G. Nagler Stephen J. Brown Francis E. Kane Kevin B. Fergus John C. Kikol Hon. Lillian Burke 1962 Clarence L. James, Jr. Judge C. Ellen Connally George Nyerges Lucien B. Karlovec Harry Greenfield 1952 Hon. Thomas Lambros Sheldon E. Rabb 1971 Dharminder L. Kampani Hon. Edwin T. Hofstetter Stanley E. Stein James E. Melle Hon. Joseph A. Zingales Arthur R. FitzGerald James J. Komorowski Philip R. Brodsky 1963 Joseph A. Coviello Thomas P. Hayes 1953 John J. Sutula Lester T. Tolt Timothy M. Bittel William T. Monroe Thomas J. Scanlon William Thomas Plesec Walter L. Greene Thomas W. Gray Joyce E. Barrett 0 lga Tsiliacos Robert W. Haskins Bert Tomon Phillip J. Braff James A. Thomas M. Lee Graft 1954 Daniel R. McCarthy 1964 Harry L. Griffith Thomas L. Aries Edward C. Hawkins Henry B. Fisher 1972 Gary N. Holthus Howard E. Egert Howard M. Rossen Jam es A. Lowe John J. McCarthy Joseph T. Svete John V. Jackson II Russell T. Adrine Raymond J. Schmidlin Michael L. Climaco William F. Sweeney 1965 David S. Lake William P. Farrall Marvin H. Hersch June W. Wiener William P. Gibbons George J. Frantz 1966 Edward T. Haggins Joseph Gibson 1955 Hon. George W. White 1967 Charles B. Donahue II Ronald H. Mills Hon. Robert E. Feighan Norman D. Tripp 1973 Mary Agnes Lentz Charles J. Gallo, Sr. Theodore R. Kowalski W. Frederick Fifner Donald P. Traci Kenneth Montlack 1974 Hon. Lesley Brooks Wells Glenn J. Seeley William M. Wohl Michael C. Hennenberg Peter W. Moizuk Stanley Morganstern Stephen 0. Walker Carol Emerling Michael R. Gareau Thomas E. Downey Irene M. Kotulic 1968 Hon. John E. Corrigan Timothy G. Kasparek William D. Carle III Herbert Palkovitz William R. Fifner Samuel Laderman James R. Kellam Barbara Stern Gold 1957 Leon M. Plevin Richard Moroscak Leonard D. Young Maynerd Kimball Robert I. Zashin David R. Knowles Richard T. Reminger William E. Powers J. Michael Monteleone Thomas J. Brady Gerald Broski 1975 Dr. Gregory J. Lake Joseph C. Domiano Hon. Bohdan Futey B. Casey Yim 1958 Charles R. Emrick, Jr. 1969 Wendel Willmann Dale H. Markowitz James Patrick Conway Marc J. Bloch Gerald L. Steinberg Aaron Jacobson William L. Summers Richard S. Koblentz Julian Kahan Hon. John J. Donnelly L. Richard Musat 1960 Hon. Hans R. Veit 1970 Blaise C. Giusto John M. Richilano Don C. Iler Joseph H. Weiss, Jr. William C. Hofstetter Donald L. Guarnieri Kenneth A. Bassin Deborah Lewis Hiller Donald M. Colasurd Robert J. Sindyla John B. Gibbons William A. Wortzman David J. Skrabec

14 Law Notes Michael E. Murman Vincent T. Lombardo Lillian B. Earl Jam es F. Szaller Dennis R. Lansdowne 1993 Gloria S. Gruhin Joseph Jerome Frederick N. Widen Peter A. Russell Alan L. Zmija Michael V. Kelley 1994 Jean M. Hillman Alan J. Ross Sherrie Noble Marc D. Rossen 1976 Charles G. Deeb 1982 Jam es Lee Reed Matthew V. Crawford David Ross K. Ronald Bailey Megan Hensley Bhatia Keith E. Belkin Laura A. Williams Lisa Ann Meyer Michael J. Nath 1983 John L. Habat Shawn P. Martin Steven H. Slive Paul Brickner 1997 Anthony T. Nici Deborah R. Akers Peter Marmaros Sam Thomas III Patrick Bianconi Donna J. Taylor-Kolis Stacey L. McKinley Harold W. Fuson, Jr. Elizabeth Haque 1998 Tonya Eippert 1977 Charles T. Simon Kevin J.M. Senich NIA John Makdisi Jack W. Bradley Frank Aveni Marshall Nurenberg Lawrence J. Cook Susan J. Becker Maurice L. Heller Robert M. Wilson Anthony P. Dapore Stephen]. Werber Roger M. Synenberg 1984 Carl F. Asseff Victoria Plata Anne L. Kilbane Joseph G. Stafford Stephen R. Lazarus Kathleen M. Carrick M. Elizabeth Monihan Steven R. Smith Linda M. Rich Carol Rogers Hilliard Louise F. Mooney Rita S. Fuchsman Michelle L. Paris Hon. Solomon Oliver, Jr. Sumner E. Nichols II 1985 Laurie F. Starr Frederic P. White, Jr. Harvey Berman Tina Ellen Wecksler Paul Carrington John D. Wheeler Joseph R. Gioffre Steven H. Steinglass 1978 David M. Paris 1986 James E. Tavens Louis B. Geneva Ronald F. Wayne Laura J. Gentilcore Lloyd B. Snyder Elisabeth T. Dreyfuss Jane B. Marciniszyn James G. Wilson Sally M. Edwards 1987 Gary Lichtenstein Earl M. Curry, Jr. Mary Llamas Courtney John T. Hawkins David Barnhizer 1979 Laverne Nichols Boyd Scott C. Finerman David Goshien Hon. Janet Burney Barbara Silver Rosenthal Joel Finer Louis C. Damiani Mary D. Maloney Jack Guttenberg Sheryl King Benford Schuyler Cook Carol Barresi William J. Day Thomas L. Feher Mary McKenna Maria Quinn Michael P. Harvey Laverne Carter H. Jeffrey Schwartz 1988 Melody]. Stewart 1980 Culver F. Eyman III Judith Arcoria DeLeonibus Geoffrey M. Schumer John P. Luskin Gerald R. Walton Christopher Malumphy WELCOME NEW LIFE MEMBERS Howard Mishkind 1989 Raymond Gurnick Richard C. Alkire Scott Spero Thomas L. Aries '71 Susan L. Gragel Sheila McCarthy Phillip J. Braff '53 Phillip E. Thomas Barbara Tyler Tonya Eippert '98 Kemper Arnold Karin Mika Shawn P. Martin '94 Kenneth R. Roll Diane Hamalak Stacey L. McKinley '97 James H. Hewitt III Sheila M. Brennan Lisa Ann Meyer '94 Floyd]. Miller Lori White Laisure Ronald H. Mills '72 Lynn Arko Kelley Anthony A. Logue Michelle L. Paris '84 1981 David Paul Burke 1990 Sonia Winner Hermine G. Eisen Carol A. Roe Louise P. Dempsey Brian G. Ruschel Sandra]. Kerber 1992 Kevin P. Foley

Spring 2000 15 Give Sbfueone the chaffce to follow in your footsteps. LIFE MEMBERSHIP In The Cleveland-Marshall Law Alumni Association Your contribution to the Cleveland-Marshall Law Alumni Association LIFE MEMBERSHIP FUND gives someone the opportunity to follow in your footsteps.

LIFE MEMBERSHIP DUES FUND A STUDENT SCHOLARSHIP PROGRAM.

------~------~------~

Please make checks payable to the Name ______Cleveland-Marshall Law Alumni Association and send to: Address ______Cleveland-Marshall Law Alumni Association Attn: Mary McKenna City State Zip 1801 Euclid Avenue• Cleveland, OH. 44115-2223 ---- ·-- --- 216/687-2368 Class______0 $1 ,000 - One time payment 0 $1,250 - ($250 per year for 5 years) Home Phone ______0 $1 ,500 - ($150 per year for 10 years) 16 Law Notes Timothy (Tim) W. Hughes, cum and Secretary-Treasurer. Mr. Hughes Association. He serves on the laude '73, is Senior Vice President, is also a member of the Boards of Governor's Housing Commission Administration of Cox Enterprises, a Visitors of Emory University and and is a Senior Life Director of the privately held media company Clark Atlanta University and a mem­ National Association of Home ber of the Board of the Kentucky Society of Georgia. He also serves on the Advisory Counsel of the State of Georgia's Intellectual Capital Partnership Program. Mr. Hughes is married to the for­ mer Gail Coutcher, a CPA who is an executive search consultant specializ­ ing in financial management. They live in Atlanta, Georgia.

Timothy W Hughes • Philip f. Braff Builders and a member of its based in Atlanta, Georgia. In this Phillip J. Braff graduated from Executive Committee. position he is responsible for a Cleveland-Marshall in 1953. He has Mr. Braff is also a member of had a distinguished career as a number of departments and func­ many civic and charitable organiza­ builder and developer. He is a tions and boards including the tions, including legal, human Past President of the Home Builders resources, corporate security, materi­ Mobile Home Advisory Commission Association of Greater Cleveland of HUD. He and his wife live in als management, corporate services, and a Past President and Life Gates Mills and have three children fleet, corporate travel, and the Director of the Ohio Home Builders and seven grandchildren. administration of the company's foundations. He began his career with the Olin Corporation and held positions of increasing responsibili­ ty in labor relations, human resources, and labor law with Mobil home ... Corporation, The Sherwin Williams Company, and Wells Fargo. in Cleveland Heights Mr. Hughes is admitted to the "I lived in Cleveland Bars of Ohio and Georgia and is a Heights when I was member of the Labor Law Sections in school; buying a of the Georgia and American bar house here felt like Associations. He is a member of the Board of Directors of the Labor I was coming home." Policy Association and the Consider Cleveland Washington-based Corporate Health Heights. You will Care Coalition. He also serves on find your home here. the American Press Institute's General Management Advisory Committee and on the Newspaper Association of America's Human Resources Committee. Mr. Hughes serves on the C1£VELAND Executive Committee of the Atlanta HEIGHfSl!J Chapter and the National 216.291.5959 www.ClevelandHe ights.com Resolutions Committee of the American Red Cross, where he has also served as Atlanta Chapter Chair

Spring 2000 17 Cele bra tin the H Iidays!

The Law Alumni Association honored its life members and members of the mentor program at the ninth Annual Holiday Reception at the College of Law in December. Professional Opportunities Co-Chairmen Dick Ambrose '87 and Vince Lombardo '81 extended their sincere thanks to the following attorneys for lending their time and expertise to the Cleveland-Marshall students: Kenneth A. Affeldt Hon. Janet E. Burney William Day Frances F. Allington Hon. Anthony 0. Calabrese, Jr. Jeffrey Duber Donna M. Andrew Henry Chamberlain David Dvorin Mark S. Bennett Robert Chernett Virginia Egan Fisher Edward Brice Mary L. Cibella Nicole L. Farone John C. Bucalo Gregory F. Clifford Hon. Peggy Foley Jones Stephen Bucha Cassandra Collier-Williams Douglas R. Fouts Brent M. Buckley Michael Corrigan John B. Gibbons Charl.ett R. Bundy Ann D'Amico Kristin Going

Dick Ambrose and Prof Lou Geneva Christina Hronek, Vince Lombardo and Erin Sheehan

Weldon Rice, Mike O'Neil, Tom O'Donnell, and Dick Ambrose, Bill Day, Steven Steinglass, Fred Widen and George Maloof Dennis Lansdowne

18 Law Notes Mike 0 'Neil and Dr. Bernice Miller Kevin Butler and Doug Fouts

Kelly Grigsby Nicholas G. Rennillo Nancy Q. Walker Michael P. Harvey Stephen Rowan Robert S. Walker W. Andrew Hoffman, III Hon. Nancy Margaret Russo Stephen Walker Elizabeth Howe Kate Ryan Jodi M. Wallace Richard Jablonski Joe Saponaro Gerald R. Walton Joseph B. Jerome Thomas J. Scanlon Lori White Laisure Lenore Kleinman Thomas J. Sheehan Frederick Widen Richard S. Koblentz David J. Skrabec Laura Williams Janice Konya-Gross Jack Starkoff Robert Willis Frederick J. Kreiner Stanley E. Stein Leonard D. Young Trish D. Lazich Melody J. Stewart Michael J. Zidar John Lombardo John Sutula Stephen G. Macek Kelley Sweeney Ryan Magnus Ellen B. Tamulewicz Colleen Majeski James R. Tanner Susan Majka Randy L. Taylor Sheila McCarthy Heather L. Tonsig ShannonMcEaneney Jennifer Lynn McKeegan James L. Miller Howard D. Mishkind Daniel L. Montenaro Suzanne M. Nigro Thomas O'Donnell Herbert Palkovitz William Plesec Laurence Powers Ann Ramsey Irene Holyk Rennillo Mentor Co-chairs Dick Ambrose Greg Clifford and Kristie Sosnowski and Vince Lombardo

Spring 2000 19 Pulitzer Prize Historian Gordon S. Wood Delivers the Sixty-Ninth Cleveland-Marshall Visiting Scholar Lecture

istinguished historian and Alva 0. Way Brown never act as "judges in their own causes." According to University Professor Gordon S. Wood delivered Professor Wood, the Federalist vision excluded "ordinary D the Sixty-Ninth Cleveland-Marshall Visiting middling sorts- artisans, traders, commercial farmers, Scholar lecture·in October in the Moot Court Room of the businessmen," who would, the Federalists believed, be law school. He was welcomed to the podium by Professor incapable of setting aside private interests in order to gov­ David Goshien, Chair of the Cleveland-Marshall ern dispassionately. Enrichment Fund Program. Professor Goshien, the origi­ Anti-Federalists challenged the notion that a class of nator of the lecture series, has supervised the program for disinterested men who could feel "sympathetically the over a quarter of a century. wants of the people" was at all possible. As we know, the Professor Wood, who teaches and writes on American Anti-Federalists were right. For, as Professor Wood rea­ colonial history, the era of the American Revolution and sons, "[h]owever liberally educated and elevated such the formation of the Constitution, and the early years of independent gentry might be they were no more free of the Republic, spoke on "The Origins of the American the lures and interests of the marketplace than anyone Democracy or How the else." And it was precisely People Became Judges in those "ordinary middling Their Own Causes." His sorts" who were to become address focussed on the emer­ the most effective legislators gence of our contemporary in the model of democratic model of democratic politics government practiced today. from the Jeffersonian ideal of "One of the crucial disinterested leadership. moments in the history According to Professor of American politics- maybe Wood, Federalists such as the crucial moment," accord­ Jefferson and Madison envi­ ing to Wood- occurred in sioned a patrician republic the Pennsylvania Assembly ruled by men whose self­ of 1786 during a debate on interests would not cloud the re-chartering of the their obligations to act always bank, when William Findley, for the public good. Their an ordinary self-educated model presumed a govern­ Scots Irish weaver, pointed ment not of and by the peo­ out that the genteel men ple but a government of edu­ arguing for the charter­ cated and virtuous gentry­ Robert Morris, for one-were men, such men who, in members of the bank's board Madison's phrase, would Gordon Wood and David Goshien or stockh olders, and thus

20 Law Notes the succeeding generation, what we came to know as democracy: the increased electioneering and compet­ itive politics, the open promotion of interests in legislation, ... the emer­ gence of political parties," and the extension of representation in gov­ ernment to religious and racial minorities. Finally, Wood argues that the Jeffersonian republican model of a government uncluttered by private Luke Karlovec, Steven Steinglass, and interests exists today in the "presum­ Tim Cosgrove ably disinterested judiciary." Gordon Wood and Vincent Lombardo strengths of their advocacy of their Professor Wood's doctoral degree their partisanship was compromised constituents' interests, not as repre­ in history is from Harvard. He has by self-interest. Surprisingly, Findley sentatives of the Jeffersonian "classic taught at Brown University since did not take the men to task for "act­ tradition of disinterested public lead­ 1967. His 1993 Pulitzer Prize in ing as judges in their own cause" -he ership." Findley, Wood believes, "set History was for RADI CA LI SM OF THE threw the patrician Madison 's words forth a rationale for competitive AMERICAN REVOLUTJO (1992), Other at them- but for posing as disinter­ democratic politics that has never works include THE MAK ING OF THE ested parties. Findley understood that been bettered," one that anticipates AMERICAN CONSTITUTION (198 7) and delegates were elected on the "all of the political developments of numerous other books and articles. •

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Spring 2000 21 CLEVELAND-MARSHALL LAW ALUMNI ASSOCIATION MILLENNIUM MEMBERSHIP DRIVE

Be the current member of CMLAA to sign up the most new or renewed members by November 30, 2000 and WIN A 6 DAY - 7 NIGHT TRIP FOR TWO TO BARBADOS!

' . ~· ~,>,y .. ~.., . ~·"''' ~- Ii .... 11j - \'1 d· - • ~• . CONTEST RULES

- All participants must be members of the CMLAA - The contest runs from June 1, 2000 through November JO, 2000 - Any person or organization that has not already paid membership dues to the CMLAA for the year beginning July 1, 2000 may be recruited - The recruited member's dues must be paid in full for the recruiter to get credit - The recruiter's name must appear on the completed membership application or renewal form submitted to the CMLAA

For more information, forms or materials, please contact: Mike O'Neil, Membership Coordinator 216-621-5240 or at [email protected]

22 Law Notes REMEMBER THE LADIES Our Remarkable First 100 Women Graduates

I am deeply gratified that this story will now be brought to · public attention. The achieve-­ ments of women in the legal pro-­ fession (a pin--stripe fraternity which took far too·long to grow up to the reality of .the genera-­ tive intelligence of women) were memorable ·to a youngster who grew. UJ? in a world filled with lawyer 'aunts.' ·

James T. Maher, son of Anna Marie Ry.an Maher '23 .

Spring 2000 23 n the last issue of Law Notes in preparation for a · gala Women's History Month Celebration in March, we printed a list of the women we believe were our first 100 alumnae and we asked our readers for any information they might have about the lives and careers of these pioneering women attorneys. Subsequently, the story was picked up by The Plain Dealer. The response was overwhelming. Daughters, sons, brothers, sisters, grand­ children, friends, and neighbors contacted us, and we learned a lot about the women and the pride of tqeir descendants. In addition, law librarians Marie Rehmar . and Laura Ray searched the city's archives to find more information about our first alumnae. The librarians had several obstacles: Maiden names inhibited the search when ·the alumnae had -married after graduation; more­ over, like Portia, women often sought to disguise their gender, usually by replacing their first names,with initials. The editors of'Law Notes are grateful to Marie and Laura and to all those who contacted us. For some of these women we have only bits and pieces of information. Nevertheless, we inclµde these fragments because our alumnae, however incompletely we· know them, were important to our law school, to the legal pro­ fession, and to the larger history of the American woman asserting her right to a place in the world of her male peers. Someday the pieces may be gathered into a whole. That is ·our hope. Gertrude Handrick '11 n 1897 American women could not vote, hold pub­ lic office, or serve on a jury; often they did not have he first alumna we can identify positively is 1908 equal property rights or joint custodianship of their graduate Elizabeth Williams, the only attorney children, and in many banks they could not open a T with a . recognizable female name in the 1909 checking or savings account without the approval Cleveland phone book! Like many of our early alumnae, pf their husbands or fathers. There was one place, she was active in the National Women Lawyers' Ihowever, where Ohio women were equal with men: the' Association, and during the first decades of the century, classrooms of the Cleveland Law School. her name appears among the Association's list of. Ohio Our predecessor law school, the Clev~land Law representatives. Williams joined the law firm of Smith, School, founded in 1897, was the first law school in Ohio Taft, ·and Arter and in 1915 married the firm's senior part- to admit women, and during 'the first decades of the 20th ner, J.A. Smith. She died iri 1920. - · . century most 'of the region's prominep.t women attorneys were its graduates. And what an exemplary group of mong early graduates, Gertrude Handrick over­ women they were! In Cleveland, as·elsewhere in the coun­ came family' opposition and tragedy to establish try, neither the public nor the courts wholeheartedly wel­ A herself as one of the city's first women attorneys. comed women, and the environment in which they prac- . The daughter of Common Pleas Judge and U.S. ticed was often hostile. Yet these pioneefing women per­ Congressman Martin A. Foran, Gertrude was graduated in severed: They practiced law, led the suffrage movement, 1899 from Georgetown Visitation C01~vent in won seats on the judiciary, entered government and busic Washington, D.C. She married at 28, was widowed at 30, ness, created and headed charitable and rehabilitative and at 36 suffered the death of her seven-year-old daugh- organizations, and often married and raised children as . ter, Martha. Left on her own, she defied her father who well. More important, despite cultural, gender, and racial opposed her desire to become a lawyer . and secretly prejudice, they enriched and diversifie.d the profession enrolled at the Cleveland Law School, graduating in and changed for all times the ways men and women 1911-the only woman in a class of 37. Writing in the . regarded one another. · Women Lawyers Journal in 1917, she remarked that a

24 Law Notes - l

· Eva Leah Jaffa '15 Rachel Shapiro '18

female attorney must "be a psychologist; must be a hard Mariam Jaffa married Dr., Alfred Fingerhut, and Eva mar­ worker, and . above all have· the courage to encounter ried John Arthur Fitzmartin. Eva's son, Arthur Fitzmartin, defeat without losing hearf" Gertrude Handrick did not recalls that Cuyahoga County prosecutor Edward Stantor{, · lose heart. A successful practitioner, she was also active in great uncle of former U. S. Congressman James Stanton the suffrage· movement, serving as a ward captain in the '63, hired Mrs _, Fitzmartin, perhaps the first woman to campaigns and parades in Cleveland and Columbus in serve in the prosecutor's office. Stanton allowed her the 1912 and · 1914. She chaired the Business Women's unprec.edented opportunity-for a woman-to take part Suffrage League, the Wage Earners" League, and the in the murder trial of husband-killer Eva Kaber, whom Women's and Girl~' Protective League. She was the first Clevel~nd . historian John Bellamy has dubbed woman admitted into the Cleveland Bar Association. She "Lakewood's Lady Borgia." The trial was one of tht; most died in 1937, age 66. sensational in Cleveland history, overshadowed only in the 1950s by the Sheppard trial. · ontemporary s.ources tell us that by 1915 there were Active in the Republican party, Mrs. Fitzmartin was 18 women attorneys in Cleveland; we do not know chosen in 1920 to second the nomination of Warren G. C. who they were or if they were all our graduates. we Harding as the Party's Presidential candidate during its do know, however, that by 1915 the law school had grad­ national convention_. Two younger 'brothers, Moses Jaffa uated precisely that number. Lillian M. Westropp, Eva '21 and Samuel Jaffa '25, followed their sisters to law Leah Jaffa, Meta Marie Brueggemann, and Harriet Jean school and into the profession. Mrs. Fitzmartin died in Willis were members of the 1915 graduating class. Eva · 1948, age 55. Jaffa went right from Lincoln High School to law school and in 1915 be.came the youngest practicing attorney in ~ta Marie Brueggemann, class of 1.915, was born · Cleveland. Three years after her graduation, she was in Cleveland in 1890. According to her nephew, joined in practice by her sister Mariain Jaffa, Class of M Reverend Eugene V. Brueggemann, she entered iaw' 191~. school after completing her undergraduate degree at Flora · Eva and Mariani Jaffa were two ;f the ten children of Stone Mather College of Western Reserve University in 1913. She did not· actively practice law but worked in the County Meyer C. anti Sarah K. Jaffa, and1 according to an early hisc tory of Cleveland's community leaders (CLEVELAND AND ITS court system tmtil 1932 when the Democrates swept into ENVIRONS (1918)), the women were the only practicing office .. She never married and died in 1971, age 81. attorney-sisters in Cleveland and possibly in the U.S.

Spri!}g 2000 25 illian M. Westropp a prejudice toward men . . . was among the rarest but to prove . to women Lof pioneering women, their equality with men." boldly asserting ·herself in Ms. Strawn notes that dur­ the male-dominated worlds iqg the Depression, the of both law and business. Women's Savings and Loan Lllliari . and her younger Compariy "paid 100 cen.ts , sister, Clara, were the on every dollar." By 1979 daughters of Clevelanders the Women's Federal Thomas and Clara Stoeckel . Savings and Loan bank's Westropp. A graduate· of assets totaled $534,808,458. Dyke School of Commerce Both sisters were com- · and a magna c.um laud~ munity activists: Lillian ' alumna · of the Cleveland helped · organize the Law School, Lillian special­ Women Lawyers' Club of ized in real estate and Cleveland, the Women's finance law. She was an City Club, and the League early member of the of Women Vote.rs. Unlike Cleveland Bar Association most of the. suffragists, she and the first woman elected was a ,Democrat and served to serve on its executive on the executive committee committee. In'I931 she was of the Cuyahoga County appointed to the Cleveland Democratic Club. She died Municipal Court and was in 1968, age 84. continually reelected until her 195 7 retirement. She mong the ancestor~ was an innovative jurist of 1915 graduate who in 1938 attached a psy­ .....11....a...;.w...,... · A Harriet J. Willis was chiatrfc clinic to her · court. Lillian M. Westropp '15 Charles Willis, one of the In· 1922. she, Clara, and daring dissidents who other professional women founded the Women's Savings threw tea into Boston Harbor in 1773. Such a lineage and Loan Co. (later the Womeh's Federal Savings Bank), boded well for a woman .who would brazenly enter the the first bank founded and operated by women. Lillian dominantly male sphere of lawyering. Born ip. Ashland, was Chairwoman and Clara was President o'f the bank. Ohio, Harriet Jean Willis attended local schools and the Law Notes received a copy of a letter from Carol Euclid Avenue Business College. She had established her­ Strawn who worked at the bank as morfgage loan process­ self as a stenographer and a newspaper reporter and was ing supervisor during the 1970s. The letter, sent to her already heading two court-reporting offices before begin ~ father during that time, details the history of the wo'men's ning. her legal studies at the Cleveland Law School. ' association and recalls conversations with Thomas According to a 1918 history of prominent Clevelanders, Westropp, nephew of the Westropp sisters and eventually (CLEV ELAND AND ITS ENVIRONS), she was "a woman of the bank's CEO. , indomitable energy and mental and will power" .. .who Ms. Strawn writes "Knowing nothing about banks "exemplified the possibilities of the legal profession as a .. except she'd · never seen a woman in one, suffragette factor in social services." She was apparently a woman of Lillian was convinced by a stock salesman to start a sav­ wide-ranging interests as well: She spent several years ings and loan company." Moreover, Ms. Strawn continues, learning Esperanto and studying at the Chatauqua School when the sisters founded the bank, "banks were starting of Expression. The excitable author of CLEVELAND AND ITS and.failing with some manner of regularity," and accord­ ENVIRONS mentions that she was "offered a chair at the ing to Lillian, in raising capital for the bank, "We had to . University of Dakota and an important position in the sell ourselves twice-once .as an organization and again as United States Civil Service at Honolulu, Hawaii." He also · women." notes that she once won a memory contest ·in which for " When a salesman was unable to sell the company's two h_ours she was required to recite "instantly any pas­ stock, Clara sold the stock herself- almost a million dol­ sage of Scripture called for." Miss Willis never married and lars worth. The sisters reluctantly agreed that the bank , continued to practice law in Cleveland. We last hear of would be better. received if there were men on its board, her in a 1949 Cleveland Press column as one of reporter Joe but when only one man appeared at . a me~ting, the · Collier's "Cleveland Personalities." Collier describers .her Westropps dismissed the Board and 'began again with 15 as "a shy little white-haired lady" fussing over an anti­ women-homemakers and professional women. Ms. quated typewriter in "an artlessly cluttered office in the Strawn quotes Lillian: "Our object ... was not to declare Perry-Payne Building."

26 Law Notes anford Cone, nephew of Rose Cone '16, reports that avy Notes was contacted by M~s. Robert Forchneiiner, his aunt's parents emigrated from Hungary and that the daughter of Rachel Shapiro '18. Mrs. S. of their ten children 'Rose Cone was the "brightest and LForchheimer tells a story of a woman who was a most intelligent. Prejudice being what it was" says Mr.

Spring 2000 2 7 dren to feed and the real which the country's most estate, practice was faihrig. unfort\mate citizens were The Gelfands turned from warehou ~ ed , in orphan- law to open a coal business, ages, poorhouses, and the Raymor Co., managed workhouses, Bell Greve ini­ almost single-handedly by tiated some of the rehabili­ Rachel Gelfand. She died in tative sciences most innov- 1972, age 77, but she is · ative reforms, · including a remembered with pride by , workshop for disabled her daughter, her grand­ • adults and a Curative daughter, and her great - Playroom for disabled pre­ granddaughter, Jody schoolers, and she gath­ Forchheimer, a graduate of ered the work of several the Harvard Law School. Her social service agencies great grandmother's law under one roof. In addition degree from the Cleveland to her responsibilities at Law School hangs · in her the Cleveland great granddaughter's office Rehabilitation Center, she at Fidelity Corp. in_Boston . simultaneously directed the Cuyahoga County f Bertha Askenas~ Relief Bureau, establishing Class oJ 1918, her the · county's first nursing 0 daughter Lois Bruck home for the aged: In reports that "my mother's 1953, when Cleveland name does not come up Mayor Anthony J. often, and I was thrilled to Celebrezze appointed her see it in The Plain Dealer." · Bell Greve '18 Director of the city's Her mother was born in Department of Health and Aust ~ ia and came as a baby to Cleveland. She put herself Welfare, she became the first woman city cabinet member through law s~hool and her sistet through normal school. in 20 years. The corrections system was also a concern of She married Samuel Feierman, who had also come a's a hers; she was instrumental in raisillg $2.4 million for a baby to America from Hungary, ar;id the couple had two new correctional facility. Greve's reputation was interna­ daughters, Mrs. Bruck and her sister Frances Polit. Though tional: She participated in the establishment of rehabilita­ their mother never practiced law, . she was active within tive and relief agencies in the West Indies, Mexico, and the community and often spoke' publicly on behalf of Greece. She died in 1957, age 63, leaving behind a legacy world peace. "When the horror in Europe began," recalls of compassionate concern for the disabled and zealous Mrs. Bruck, her mother joined an effort begun by co~edi-·. . advocacy on behalf of children, the elderly, and all those an Eddie Cantor to raise money to bring Jewish children whom wars and natural disasters had robbed of their to America. Bertha Askenas Fei ~ rman d ~ed in 194Q, age 42. homes and families. The Bell Greve wing of MetroHealth Hospitals and the Bell Greve Award of the National s a young woman Bell Greve, perhaps Cleveland's Rehabilitation Association hon,or. her memory. most highly regarded .humanitarian and interna­ Ational social-services reformer, hoped to become a y 1919 the law school had graduated 35 females. missionary, but following a summer internship at Hiram Those 35 could enter a court of law but could not House settlement, she determined on a career in social ser­ Bvote for the judge before whom they practiced. Once vices and earned her undergraduate degree from Case enfranchised, many of these women beg?n to vote for Western Reserve University. Her first job was as a charity themselves: Among those who were the first to seek public visitor in Cleveland's red-light district. She graduated from office was Mary Grossman '12. One of nine children of the Cleveland Law School in 1918. ,On the day she took Hungarian Jews1 she was advocating the rights of women the lawyer's oath of office, she was hired by the state to as a member of the League of Women's Suffrage and work­ inspect childrenls institutions. In 1921, in the devastating ing as a stenographer in her cousin's law office when she aftermath of the Great.War, she was sent by the Red Cross had the novel idea that she was as smart as the men she to Czechoslovakia to establish child-health centers and to worked for. Smarter, in fact. Entering the Cleveland Law Armenia to head an orphanage responsible for the lives of School, she was graduated in 1912. In 1918; two years 2,000 children. In 1924 Ohio Governor Vic Donahey before the ratification of the 19th amendment, she became appointed her superintendent of the Ohio Division of pne of the first two women .admitted into the ABA. Charities, and in the depression-haunted 1930s she head­ Cleveland-Marshall Professor of Law Arthur ed the Cleveland Rehabilitation· Center. In an age in Landever, who has written on several of Ohio's eafly

28 Law Notes women lawyers, quotes Grossman reminiscing on her par­ Judge Mary Grossman, it would not have been possible for ticipation in the emancipation movement: "I was on so a woman to have gone this far. This is not Genevieve many committees and our campaigning took up a great Cline's honor. It is our honor. It is given in recognition of deal of our time, but we felt that we were citizens subject woman and woman's right to participate in public office." to the laws of society and it wasn't right to be denied a Cline was a member of the Women's Suffrage Party in voice because we were women ... . All of us suffragettes East Cleveland, President of the Women's Republican were so happy, so delighted that the.fight for the vote was League, President of the Cleveland Federation of Women's finally won. It was a great day for women. We all went Clubs, a member of the Women's City Club and the right down to register." National Women Lawyers' Association. She retired from In 1923 Mary Grossman became the first woman in the court in 1953, returned to Cleveland, and died in America elected to a municipal court. She quickly distin­ 1959, age 82. guished herself as a no-nonsense judge, feared especially by those who came before her on criminal charges, for, as one writer described her style, 11 A trip to her courtroom leveland's first African American school principal was rued as a certain ticket to the Big House." Criminals Hazel Mountain . Walker had already earned a called her "Hard-Boiled Mary"; but voters called her Cbachelor's and a master's degree from Case Western Judge-re-electing her again and again for 36 years to the Reserve University and was teaching third graders at bench of the Cleveland Municipal Court. She retired reluc­ Mayflower Elementary School when she graduated from tantly in 1959· at the age of 80 and died in 1977, age 98. the Cleveland Law School in 1919. Walker never practiced law. She served as the principal first-of Rutherford B. Hayes nother Cleveland-Marshall woman challenging the Elementary School and later of George Washington Carver limitations imposed on her sex was ardent feminist, Elementary School. Alvin Anthony was a second or third­ Asuffragist, and prohibitionist Genevieve Cline, the grade pupil at Rutherford B. Hayes Elementary school first woman ever appointed to a federal court in America. when Hazel Walker was principal. He remembers her as a Born in Warren, Ohio, and raised in Cleveland, she tall, "stately woman of great strength and dignity." attended Oberlin College and was graduated from the Another caller, Olivia Scott, who is now 86, reports that Cleveland Law School in 1921. In 1922 President Harding Hazel Walker taught her algebra at Quincy School summer appointed her U.S. Appraiser of Merchandise to the port of school. Another former student at the Rutherford B. Hayes Cleveland, the first woman in America to have been a fed­ school, Isabelle Hendricks, recalled being sent to Mrs. eral appraiser. Her nomination seems not to have aroused Walker's office for discipline and remembers the princi­ male indignation, in part b.ecause it was reasoned that pal's delight. to discover her pupil was not frightened of some of the items she would be appraising were female her. And Ione Biggs, whose aunt taught with Mrs. Walker undergarments! Six years later, however, when President and who was a close family friend, disputes Coolidge nominated her to the United States Customs the DICTIONARY OF CLEVELAND Court in New York, the New York Customs Bar BIOGRAPHY'S statement that Mrs. was outraged. Ohio Senators Simeon Fess Walker never wanted to practice and Frank J. Willis rose to her defense, law-only to prove that a black and in 1928 she became America's first woman could earn a law degree. woman federal judge. "Hazel had her heart set on On July 5, 1928, Ohio Court of joining the Cleveland Law Appeals Judge John J. Sullivan Department. They wouldn't administered the oath of office to have her," says Ms. Biggs. Judge Cline before a large crowd Mrs. Walker's niece, of well-wishers that included Mrs. Clemence Elizabeth Mary Grossman and Ohio Wright, sent us an inter­ Supreme Court Justice Florence view from a 1979 ~ss ue of Allen, who would in 1934 the Call and Post. Though become the first woman appoint­ Mrs. Walker's kindness was ed to a United States Court of legendary, the interviewer , Appeals. At that time Ohio was the hailed her as "a militant only state in the union with three powerful leader" as well, women judges. who, in response to Brown Later that evening at a dinner v. Board of Education, at the Allertori Hotel, Justice Cline announced that "abolish­ acknowledged her two predecessor ing separate schools with­ women judges and remarked, "Had Genevieve Cline being administered out abolishing slums and it not been for the high standards the oath of office by Ohio Appellate ghettos will not usher in set by Judge Florence Allen and· Court Judge John J. Sullivan the millennium." Later

Spring 2000 29 Rosalind Goldberg '20 she commented on the historic Cleveland busing order: "It is fantastic to think that school boards will provide Anna Kumin '20 buses to transport white and colored children beyond their geographic boundaries." Instead, she advocated of 1921 began practicing law together. "housing and redevelopment of our cities. Housing must In the 1960s and 70s Miss Kumin was an observer for be interracial so that schools and other community facili­ the International Federation of Women Lawyers at ses­ ties will become interracial by evolution rather than by sions of the United Nations Commission on Human legislation." · Rights. In this capacity she attended meetings in New York In 1961 Hazel Walker was elected to the Ohio Board of and Geneva. In a 1970 column in The Cleveland Press by Education. In her private life, she was an ardent supporter' Bob Seltzer, Anna Kumin describes the Federation's con­ of the arts and an actor and singer in the Playhouse cerns as "equality in the administration of justice, racial Settlement's Gilpin Players, later Karamu House~ which discrimination, violations of human rights and funda­ she is reported to have · named. She was the first black mental freedoms, including policies of racial discrimina­ woman accepted into the Women's City Club; she· served tion and segregatio11 and apartheid.!' How welcome would on the Executive Committee of the ·Cuyahoga County be her services in this troubled new century. Miss Kumin Republican Party and was a member of the NAACP and practiced law for .70 years and died in 1996, age 96. the Urban League, which honored· her in 1958. She out­ lived two husbands, both mailmen, both named Walker. osalind V. Goldberg emerges tantalizingly froin She died in Cleveland in 1980, age 81. Mrs. Wright and newspaper clippings in The Cleveland Press archives her sisters, Mrs. Elsie Voorhies and Mrs. Alice Hurse; "all of Rat Cleveland State. What we find is that she was born us 80 and over" survive their aunt. in 1899, graduated from law school in 1920, became the first woman assistant police prosecutor in Cleveland and nna Kumin '20 was born in Kovno, Lithuania, and ran unsuccessfully for municipal court judge in 1929. She came as a child to Cleveland. She grew up in an , was also a violinist of some accomplisliment-and, perhaps Aobservant Jewish household with her parents, two ' most intriguing, the archives has a picture of her in, the sisters, and a bro'ther. "~y aunt had a very strong sense of pilot's seat of a small airplane. She is wearing an aviatrix family duty," her niece, Ruth Kumin Lamm, remembers, hat. What became of her we have been unable to discover. "and she and her younger brother, Harry Kumin, who became a physician, rushed through school in order to complete their studies and help their family." Anna worked her way through high school and law school as a stenographer. In 1921 she and Evelyn Cohen of the class

30 Law Notes \ '

Frances Tetlak '21 (center)

ccording to Carol Lucic, niece of Frances Tetlak '21, and Mrs. Lucie's mother, Mary Warren, Frances Tetlak A was the ,oldest of the four children of Catherine and Louise Johnson Pridgeon '22 Joseph Tetlak, who had met and married in Poland· before immigrating to the Tremont area of Cleveland. Joseph and ouise Johnson Pridgeon was born in 1891 in ,his brother Stanley owned the Joseph and Stanley Hardware Gallipolis, Ohio. She attended high school in Store in Tremont, and eventually the family established the LSpringfield, Ohio, and in 1913 came to Cleveland to Joseph, Frances; and Violet Steamship Travel Agency, also in work as a bookkeeper._Though she would eventually earn Tremont. Mr. Tetlak was instrumental in arranging passage a law degree and distinguish herself as the city's first to America from Poland for many families wishing to immi­ African American woman lawyer, she began her profes­ grate. According to Mrs. Lucic, her grandfather acted as an sional life as a social worker. In 1917 she enrolled in a spe­ informal banker for the area's new Polish Americans citizens. cial social science course offered by Western Reserve He held money in trust until they had saved enough to University; she then continued her studies' at bring family members from Poland to this country. Frances Northwestern University and Ohio University and graduated from Lincoln High School and received first a returned to Cleveland to work at two venerable Cleveland degree in library science from Flora Stone Mather College community organizations: the Goodrich-Gannett. ' and then, in 1921, a law degree from the Cleveland Law Settlement and Karamu House. Later she volunteered with School. Like her father she was entrepreneurial, and before . the Women's Protective Association and worked as a pro­ she earned her law degree, she operated the Frances Tetlak bation officer at the Central Police Station. According to Insurance Company. After law school she continued work­ the DICTIONARY OF CLEVELAND BIOGRAPHY, she served as a . ing at the Scranton-Clark branch of the Cleveland Public field worker in the U.S. Interdepartmental Social Hygiene Library, while practicing law part time on Professor Street in Board during World War I. Perhaps it was a growing Tremont. Mr~. Lucic recalls, "She spoke fluent Polish and awareness of the needs of city residents that social service carried on her father's profession of helping Polish · immi­ organizations could not rrieet or' perhaps it was a height­ grants bring their family members to Cleveland. She would ened awareness of the plight of follow­ handle the legal immigration and transportation matters." ing the Great War that persuaded her to study law at the Eventually Miss Tetlak moved her office to her home on Cleveland Law School. She began her legal studies in 1919 Scranton Road, where she specialized in wills, estates, and and graduated in 1922 at the age of 31. ):5uring the 1920s probate work. She died in 1976, age 82, and was buried from and 30s, as a partner in the law firm of Frey and Pridgeon, St. John Cantius Roman Catholic Church in Tremont where she established a federal practice with Thomas Frey, a she had spent almost her entire life. She never ma.rried and well-known black activist, founder of the Harlan Law left her estate of $240,000 to Marymount Hospital, which Club, the predecessor organization of the Norman Minor was operated by a Polish order of nuns. Bar. In 1931 she ran unsuccessfully for Cleveland City

Spring 2000 31 Council. Though she lost administer her father's the election, she was not estate, which involved a without influential advo- · great deal of property. My cates: An October 12, 1931, grandmother had left home letter from Fred D. Roseb to at an early age, and I expect Louis Seltzer, Editor of The she wanted to prove to her Cleveland Press, praising ner college-educated .sisters candidacy, notes that "she (teachers) that she was a has been practicing law in capable intelligent woman all the courts of th.is district and not just a wife and and stands high in the mother." She graduated respect of the Bench and from law .school the same Bar. She specializes 1n week that her daughter Federal Court practice." The graduated from high school. letter continues, "She is Mrs. Montgomery, who is president of the Harlan Law named for her grandmoth­ Club, composed of fifty col­ er, continues, "I a:m very ored lawyers, a member of proud of her accomplish­ the Cleveland Federation of ments, but most of all I am Colored Women's Clubs, glad she was my grand­ and supporter of the Phillis mother." . Wheatley Association and member of St. Andrews Episcopal Church." Louise rom New York City Pridgeon died the following Frances M. Smith '24 James. T. Maher wrote year, age 40. Fto us about the woman of valor who was his mother: Anna Marie Ryan ccording to Judith Nacey Rapp, daughter of 1923 Maher '23. alumna Helen Chew, "My mother was totally bril- ' James Maher went to work a:s a sports writer for the A liant." Born in Martins Ferry, Ohio, Helen graduated Plain Dealer on June 1, 1934, one day after magna cum laude in political science from Flora ' Stone his graduation from Lakewood High School; later he Mather College in 1918. Mrs. Rapp reports that her mother worked as a Public Service Director for the "big ten" had also served as an army nurse-perhaps after her college Western Conference in college athletics. Following service graduation-but returned to Martins Ferry at the outbreak of , with the Army in World War II, he settled in New York as the Spanish Influenza epidemic. · head of Public Relations for Texa~o. He left the "world of We know from her Cleveland Law Scho()l transcript PR" in 1958 and for 22 years free-lanced for Saudi Arabian sent to us by her daughter that Helen Chew's law school oil businesses and the Saudi government. He has written record, with an average grade of 90.S, was as distinguished documentary films, short stories, and books, including as her undergraduate record. She passed the bar the year of THE TWILIGHT OF SPLENDOR: CHRONICLES OF THE AMERI CAN her graduation and received a letter from the clerk of the PALACES, for which he was awarded a Guggenheim Ohio Supreme Court notifying her of her success and of Fellowship in architectural history, arid THE DISTANT MUSIC arrangements in three cities where the oath of office would OF SUMMER, a novel, loosely based on his and his mother's be administered. The Clerk advises that "Each applicant has life, for which he received an American Association of the privilege of choosing which one of these places he will University Women award. attend to receive the oath and his certificate of admission to Mr. Maher writes that though the recollection of the bar" (italics added). Helen married classmate James H. some of the difficulties his mother faced in pursuit of a Nacey and the couple had six children. According to Mrs. legal career and during the· Depression were unsettling, Rapp, her mother was discouraged in her efforts to find a the "payoff was a carillon of memories that rang from 'the job in law but worked for the Cleveland Foundation at one names in the Plain Dealer." He recalls: "Wilma Bachman time. She died in 1974, age 80. ('23)-a small woman, petite really; always with a hat and never without her gloves. And Mary Grossman, a child­ ranees B. Montgomery, granddaughter of class of hood icon of ours." 1923 alumna Frances M. Smith, responded to .our From Mr. Maher's work notes and chronology, we Frequest for information. Mrs. Montgomery noted have these details from. the life of his mother. Born in that her grandmother was the daughter of Christian Wellsville1 Ohio, in 1881, Anna Marie Ryan was the first Latrobe Motley, reported to be tl}e first African American of the nine children of Michael and Elizabeth Ryan. She doctor in Cleveland. Mrs. Montgomery recalls, "My was graduated from Wellsville High School in 1899, and grandmother never practiced law as her purpose was to in 1903 she moved with her family to Cleveland where

32 Law Notes she worked in the business her, house to the bank and department of the Cleveland had her wages garnisheed." Daily World. In 1904 she Yet she persisted: In married James T. Maher, 1934, following an unsuc­ Secretary of his father's cessful campaign for a seat Maher Wheel & Foundry in the Ohio House of Company. An ardent sup­ Representatives, she was porter of Cleveland's appointed first a Deputy Progressive Mayor Tom Clerk of the Cuyahoga Johnson, Maher was County Probate Court and appointed by Johnson an several years later a Referee. Inspector in the Cleveland By 1939 Anna Maher Department of Safety, had become a fixture in Departmen·t of Buildings. Democratic ward politics Anna Maher was not and late in her career was a without her own ardent member of the Democratic passions, chief among County Executive which was her dedication to Committee. In 1943 she was the suffrage movement. Mr. invited. by Eleanor Roosevelt Maher notes that in 1914 with other Party women to she and other suffragists tea at the White House. For held a reception "with James Maher, the memory of speeches in Bohemian, his mother's invitation to Hungarian, and English." the White House evoked the Another news report long-ago story of his great announces "Suffragists grandmother's visit to the l{old Open House: 150 White House at the close of Converted" and another Anna Marie Ry;an Maher '23 the War Between the States, clipping places her among the "Homemakers Division" as when "she got a hand-written pass from Lincoln to visit . "Part of the White and Yellow Line Marching on Euclid . . a hospital, claim her husband's body, and take it home. Avenue" during the city's great suffrage parade onOctober She sat on his coffin on a flat car on the way back into 18, 1914. Washington." · But Mrs. Maher's days in the "homemaker division" Anna Maher remained with the Court for the next 22 were numbered. In 1917 her husband was stricken with years, retiring in 1956. She died the following year, age 76. brain cancer and died, leaving her with four children; the Her involvement with women's issues was life long. youngest, seven-month-old James, was the future w_riter, In addition to her work in the suffrage movement, in novelist, and chronicler of his mother's life. In 1919, at 1916 she was a founding member of the Women's City the age of 3 7, Anna Maher began her brave new life, work- Club; in 1923 she was a founding member of Ohio's Alpha ing during the day as ari assistant housekeeper at the Alpha Chapter of Kappa Beta Pi, the supportive legal Statler Hotel and studying law during the night as a stu- sorority that was to figure greatly in the lives of the dent at the John Marshall School of Law. women graduates of the law school for the next four On January 25, 1924, Mrs. Maher and her law partner. decades; and she was a founder of the Portias, an informal Nana McQtiade '21, announced the opening of their but influential group of women attorneys. office in the Schofield Building, and Mrs. Maher began.her long association with the County Democratic Party. Two eona Marie Esch, according to her cousin Sue . years later she joined the law firm of Holliday, Grossman McKinley and her nephew Ed Esch, was born in & McAffee as its office manager. In 1929, Mr.. Mah.er LCleveland on March 29, 1893, the daughter ·Of Dr. writes, City Prosecutor Ray T. Miller, after being booed by and Mrs. William J. Esch. She graduated from East High 200 women at a 1928 campaign rally, appointed Mrs. School, took a business course and was working in Maher to the prosecutor's office. She was assigned to work Chicago as a secretary when she began the study of law. un,der Assistant County ·Prosecutor .Lee A. · Leighly. 'Three She returned to Cleveland, enrolled in the Cleveland Law months later, Miller fired Mrs. Maher in a fit of rage, School and graduated in 1924. Two years before her grad­ shouting, "One thing we don't need around her is anoth­ uation, however, she was already distinguishing herself in er woman lawyer!" For Anna Maher, her son reports, "it a very unwomanly workplace as the office manager for was a devastating blow both professionally and financial­ the Cleveland Association for Criminal Justice; in 1927 ·ly. She then undertook for several years to sell insurance as she was named the organization's Executive Director. In the Depression deepened. How she brought us through that post she dedicated herself to the reform of the crimi­ those exceedingly rough times I'll never know. _She lost nal justice system and was instrumental in . establishing

Spring 2000 33 the criminal records bureau for her 45 years of service to of the Court of Common the court by the Cuyahoga Pleas, in installing two-way County - Court Bar radios in police cars, in Association at its annual passing the Juvenile Court public servant testimonial Act, and in creating both luncheon. Miss Berger the Bureau of Criminal retired in 1958. In a book of Investigation in the Police testimonials from her retire­ Department and the ment party, some of the Psychiatric Clinic attached great names of the to the Common Pleas Cleveland Bar hailed her. Court. According to her Judge Samuel Silbert '06 April 22, 1954, obituary in wrote, "You ·have been one the Cleveland Plain Dealer, of the most "efficient public "at the height of her powers servants the Domestic she was simultaneously Relations Department of the working on a penal history our County ever had. You of Ohio, delivering about have by your conduct, judg­ 100 speeches and lectures a ment and wisdom earned year, and personally follow­ the respect of the judiciary, ing the city's 9000 criminal the Bar Associations, and the cases annually from start of public you served so long, so finish." Moreover, she was a well and so capably. '.' And harsh critic of the parole William K. Thomas of the system which she dubbed a County bench, later of the. "racket," and she did not · U.S. District Court, Northern hesitate to fire away at the District of Ohio, ·wrote, City Council, police chiefs, Leona Marie Esch '24 "How you have heard so and any other public offi- many people's problems and cials she believed to be derelict in their duties. In 1937 she yet kept a balanced view of life is a testimonial to you and quit her post to marry Price Russell, an insurance execu­ living evidence of your devoted qualities as a public ser­ tive and one-time Democratic floor leader in the Ohio vant of real merit and worth." Miss Berger died in 1974, House of Representatives. The couple met when Russell age 91. served as the Chairman of the Ohio Board of Clemency. Mr. Russell died only a few months after the wedding. - A caller W Law Notes with fond memories of Leona ccording to Barbara Winters, grand niece of Lillian Marie Esch Russell is Henry Dietrich. He met her when he Orloff '23, her aunt was one of the first women in was a paperboy and later worked part time in her office. A the office of the Cleveland district attorney. An He recalls she used to worry about him when he worked accomplished watercolorist, she gave up law to devote late at night and would send him home in a cab. herself full time to painting. She moved to. New York City, Mrs. Russell remai.ned in the public eye after her hus­ where she had sev.eral successful shows and toured Europe band's death and in.1953 published in the Cleveland Plain with her brother Charles Orloff, also a painter. She died in Dealer an impressive ·series of op-eds on Great Lakes water . her 50s. levels. She died of a stroke in 1954, age 61. llen M. Goldenbogen and her . husband, Noman ue Hall contacted us . about her great aunt Grace Goldenbogen, both graduated in the class of 1923. Berger '25. In 1908 Miss Berger went to work as a EIn 1926, a mere six years after the enfranchisement Sdeputy county clerk in the Cuyahoga County Court of women, Mrs. Goldenbogen entered the political arena of Common Pleas. When the court created the and became the first woman City Council President of Department of Domestic Relations, she was named assis- Lakewood, at that time Cleveland's largest suburb. "You . tant chief to the director, according to a December 1958 know," she is quoted in an October 30, 1926, Plain Dealer clipping from The Plain Dealer. Working at the court article, "women are 200 years behind men in politics, but throughout the day, she studied law by night at the John it won't take us 200 years to catch up." Outspoken and Marshall School of Law. The PD article continues, "That aggressive, she relentlessly harangued the Mayor and (her LL.B.) qualified her to begin hearing a good share of councilmen surrounding her, accusing them of dubious troubles that afflict marriages that are on the rocks politics and ineptitude. It is perhaps for this reason that attempting to work out custody and financial details her campaign for the Mayor's job failed miserably. before the cases get into.court." In 1954 she was honored Thereafter, we find no ~ore.

34 Law Notes ccording to Bert and M.A. Chemin, the sons of Esther A. Brown, Cleveland Law School class of A 1925, their mother was born of Jewish parents in Russia and emigrated with her widowed mother and six brothers and sisters to St. Paul, Minnesota, early in the last · century. Following her graduation from high school, the family moved to Cleveland. Under the influence of an English teacher who had instructed her to become a lawyer so "no one could take advantage of her," Esther Brown was determined to study law and, over the opposition of her mother, enrolled in the Cleveland Law School. Studying law at night, she joined her brothers by day in their pro­ duce concession at the West Side Market, sometimes even driving the truck for them. At law school she met Joseph Chemin '23, her future husband, also a child of the Jewish emigration from Russia. They began their honeymoon in Columbus the day before she was to take, and pass, the bar. Under the name of E.A. Brown and Joseph Chemin, the couple practiced together in the Schofield Building for over 50 years, specializing in real estate, investments, and acquisitions. Mrs. Chemin died in 1992, age 89.

nformation about Florence Johanna Dicker '25 comes to us from her niece, Jean M. Manary, who recalls that I following Miss Dicker's graduation from law school, she . "worked for the Diocese of Cleveland for several years. When she left there, she opened an office on Broadway in Bedford." She retired reluctantly at the age of approxi­ Sadie Joan Gelb '25 mately 80, "not that she wanted to, but because she· had two health problems that took her out of the office · for Joan and Harry Mier were world travelers and in later extended periods." Miss bicker never married and died at years wrote several books together, including IF THE SHOE her niece's home in 1994, age 92. FITS, BUILDING OUR OWN RAI NBOWS, HAPPINESS BEGINS BEFORE BREAKFAST, You Too CAN WORK WONDERS, and THE POWER adie Joan Gelb's sister, Judith Marks, contacted Law · You HAVE. Joan Mier died in 1989, age 85. Notes from her home in Los Angeles. According to SMrs. Marks, the Gelb sisters were two of a family C>f ten ike Bell Greve, Jane Edna Harris Hunter was a social children living on Earl Avenue in Cleveland when Sadie services pione~r. Only Jane Hunter was an African Gelb graduated from the Cleveland Law School in 1925. In LAmerican woman born in 1882 to a South Carol,ina 1928 the new lawyer moved to Los Angeles where she met sharecropper. She was educated as a nurse at the Hampton her husband, Harry A. Mier, also a transplanted Institute in Virginia. Following her graduation in 1905, Clevelander. Adopting her middle name, Joan Gelb Mier she traveled to Cleveland where she held several nursing practiced with the Los Angeles firm of Chenowith & jobs. In 1911 she founded the Working Girls' Association, Whitehead. It is, however, for her involvement in charita­ an organization providing safe living quarters for African ble and community organizations that she is best remem­ American girls and women. She later renamed the organi- bered. Through the non-profit Joan and Harry Mier · . zation the Phillis Wheatley Association after America's Foundation, she and her husband established Camp Hess slave poet Phillis Wheatley. Kramer, with a mission to encourage citizenship and Law Notes received an affectionate testimonial from enrich the values of California youth, on 110 acres near one of Miss Hunter's "girls" Katherine Gilbert Chavers, Malibu. In 1960 the Miers founded Camp Joan Mier, who is "almost 94" and retired from a 35-year career in another oceanside camp. Camp Joan Mier is a low-altitude teaching. Mrs. Chavers recalls, "A great deal of my life was haven designed for crippled children further handicapped spent with Miss Hunter at the Phillis Wheatley by cardiac and respiratory conditions. The Miers donated Association. I really grew up in the daily activities there the camp to the Crippled Children's Society of Los and Miss Hunter was my mentor during my Central High Angeles.Joan Mier was the first woman president of the School years. After I graduated from Kent State she gave Society. · me my first job." Later, Mrs. Chavers's two children par­ The. Miers had no children, but in 1976, the Helping ticipated in Wheatley activities, while their mother Hand of Los Angeles Inc., which helps support the Cedars­ remained active in the Association, sometimes playing Sinai Medical Center, honored her as "Mother of the Year." the pi~no or speaking at annual meetings.

Spring2000 35 Jane Edria Hunter '25 Ethel Kest Rippner '25

Miss Hunter's byline ofte~ appeared in the editorial she published her autobiography, A NICKEL AND A PRAYER. pages of the Call and Post. The image that emerges from Doris James, Miss Hunter's first cousin once removed, called those editorials is of a woman fashioned somewhat in the Law Notes to share this recollection: "I proofread her book," Booker T. Washington mold (Washington was also a grad­ says Mrs. James. "She wanted me to be a lawyer. I became a . uate of the Hampton Institute). In the midst of the school teacher and principal instead," which must have Depression, she writes, "Let us within our own race seek to pleased Hazel Mountain Walker whom Mrs. James also help each other; let those of us who are more fortunate knew. "Hazel taught me to cook!" says Mrs. James. reach down and help the . .. laboring classes . . .. This is a The Phillis Wheatley Association survives today as a chance for those who have the mental ability and the . music school, an elder care facility, and ,a children's day moral courage to step out and make an opportunity that care center. The Jane Edna Hunter Social Services Building will give these people a better chance than they have had on Euclid Avenue honors Miss Hunter's memory. She died during the past four years. Let each of us think less of our­ in 1971, age 88. selves and more of the fellow who is farther down the lad­ der and who carries the burden of our cause." Miss Hunter's ccording to Marleen Rippner Brown, the daughter writing often discloses an inclination toward the socialistic of Ethel Kest Rippner '25, her mother earned her movements of the day. She was especially concerned with A law degree in order to assist her lawyer father black women working in domestic service, and she spilled Samuel Kest '20 in his law· practice. "He adored her and much ink exhorting them to unionize. · always wanted her with him," says Mrs. Brown. The - Jane Edna Hunter received her law degree from the Rippner family history is intimate with the history of Cleveland Law School in 1925 and held honorary degrees Cleveland-Marshall: Ethel Kest Rippner graduated in June from in Tennessee, in from law school and married classmate .William C. South Carolina, and in Ohio. She Rippner. William was the brother of Natwin Rippner '23 founded the Women's Civic League and was a member of and long-time Cleveland-Marshall Law School professor the National Association for the Advancement of Colored Ellis Rippner '29. Ethel and William Rippner's son, Louis People and vice-president and executive committee mem­ Rippner, is also a Cleveland-Marshall alumnus. -Ethel ber of the National Association of Colored Women. In 1940 Rippner died in 1980, age 79.

36 Law Notes Eleanor Farina '25 Grace Bernardina Doering '25

ccording to Carmen Farina Koch, daughter of times. She also assisted in the United Fund for the 10 years Eleanor Farina '25, her mother's life was far from that Tony served on the Board of Directors. She was a char­ ordinary: She was the first woman deputy sheriff in ter member of the Albuquerque Lawyers Club and later A 1 Cuyahoga.County, perhaps in' the state. And for a woman, served as its president. ' In 1975 the couple returned to the she probably had one of the state's most dangerous jobs Cleveland area to be with their family. Mrs. DeCola was 83 when in the 1930s she worked in the office of the when she died. Cleveland Police Prosecutor during the Elliot Ness days and was assigned to issue warrants for bootleg-raids on l925 headline in The Cleveland Press announces members of the Capone gang. Police Prosecutors are sel­ "Courageous Lass, Injured in Theater Collapse, dom out of reach of the media, and so' it is not surprising A Makes Record Grade." The courageous 'lass' was that she would meet and marry a young reporter, A. C. Grace Bernardina Doering, c:i woman who doubtless "Tony" DeCola, who at that time worked for the Cleveland would have preferred to be called just that: a woman. In News. According to her obituary in the Albuquerque Tribune, 1925 she graduated from the Cleveland Law School with in 1934 she was appointed a special attorney general of "the highest grade (a gpa of 99.25) ever made by any stu­ Ohio and handled bank liquidation cases in Cleveland deqt at the school for the entire course." And she had during President Roosevelt's bank holiday period. done it for the most part flat on her back wearing a brace In 1940 the couple moved to Albuquerque; the fol­ to correct a spinal injury. A brother, Roy Doering, had lowing year Mrs. DeCola was admitted to the New Mexico graduated from the Cleveland Law School in 1918 and Bar. Tony DeCola was the Albuquerque Tribune's political another brother, Milan Doering '25, studied law along­ editor and editorial page editor for 31 years. Eleanor side his sister, bringing home her assignments while she DeCola was a judge for 44 years: In 1950 she served as lay in bed. This was no ordinary lass. Bernadillo County Probate Judge, and in 1957 she was Barbara C. Megery, the daughter of Grace Doering's appointed by Governor Edwin L. Mechem to serve a full cousin, writes, "She was an exceptional woman: a pioneer term as Small Claims Court Judge. Mrs. DeCola, according in women's rights in the first half of the last century." As to her daughter, "loved her work, but she made sure she we shall see. was involved in community service wor):<. She was cited Grace Doering was born in Cleveland, attended for her work with the Albuquerque USO a number of Central High School, and was a 1911 Phi Beta Kappa grad-

Spring 2000 3 7 uate of Western Reserve University. Following her college Psychology from Riverside, California, ·writes that his graduation she taught for several years in Ohio high Aunt Grace helped a nephew of Jack McCord's write a schools and subsequently pursued a career in journalism. book about Jack, titled McCORD OF ALASKA. And Dr. In 1920, while working in New Mexico with Carl Magee, Doering gtves us this fetching memory: "Aunt Grace the editor who exposed the Teapot Dome scandal, s_he was dressed up and played Santa Claus for me when I was a tot attending a play at a theater at the University of New growing up in Cleveland in the 1940s." Mexico when the ceiling collapsed and seriously injured Grace_ Doering McCord died in East Cleveland in her back. Returning to Cleveland, she determined on a 1983, age 93. career in law. For the next three decades, she was seldom out of the t is a bit of serendipity to be able to close with Grace local limelight. She began her legal career as an assistant and Jack McCord's 41-year-long courtship. For how in the office of Ohio Court of Appeals Judge Willis I does one end a story so full of the courage and tri­ Vickery, principal founder and second dean of the ' umphs of so many women? Perhaps Anna Maher's son, Cleveland Law School. Of his former student the Judge James Maher, has provided the answer: He writes of "the noted, "She has one of the best legal minds in Ohio." generative intelligence of women." Not only their gener­ After earning her LL.B. , Doering returned twice to tier ative intelligence but their acts of generative boldness and alma mater, first in 1927 as a student in the school's new their generative confidence in their own worth are their LL.M. program, and then in 1933 as the first woman law legacy to the succeeding · generations · of women who professor in Ohio. From 1935-42 she served as a City of aspired to study law. This fall the Dean of Admissions Cleveland Assistant Law Direetor. During World War II admitted 120 women into the beginning class, more than she was a regional attorney for the office of Price half the total first-year enrollment. They are the descen­ Administration, and afterwards she practiced law with her dants of Cleveland-Marshall's first alumnae and of .the brothers in the firm of Doering, Doering, and Doering. In gener?tive intelligence of the women who knew, like 1957 she became the first woman elected to the American Genevieve Cline, that no triumph by a woman was a sin- Bar Association's House of Delegates; in 1958 she was gle. triumph. · · · elected President of the National Association of Women Lawyers (NAWL). . Grace Doering was not content to let the country rest on the laurels of the 19th Amendment: For women she In addition to all those relatives and friends whose names appear demanded much more from the· laws of the land. In a above, Law Notes wishes to thank these correspondents who 1958 Plain Dealer article by Marilyn Swanton, Doering wrote, phoned, or e-mailed about our alumna·e: .William took state governments to task, accusing them of having Batchelder Sr. who called about Mabel Miller '16; Barbara Renstrom who called about Mary Grossman; Thomas Jacobs who the same regard for women·as they did fot "dogs, slaugh­ called about Lillian Orloff; Ruth Wortzheim who called about terhouses, and chickens." Next she boxed the ears of the Sadie Gelb, her husband's aunt; Lillian Turjanick who called U.S. Supreme Court, claiming that the Court's rulings about Bell Greve and Jane Edna Hunter; Lois Applegate who "repeatedly declared that women are not reasonable per­ <;ailed about Grace Doering; Mary Bethel whose father was a sons." classmate of Mary Grossman; Sanford Silverman, who called In summer 1957, Doering traveled to London to be about Rachel Shapiro, his mother~in-law; Ben Bonanno who installed as the NAWL President and, surprisingly, to called about Bell Greve; Stuart Nelson who, as a child in Rocky marry 77-year-old Jack McCord, a wealthy Alaskan farmer River, lived next door to Bessie Wolf; Ruth Fulgenzi who knew and miner, the model for one of the characters in mystery · Helen Acs '20; Helen Sillia who called about Bell Greve; Phillip Rowell who called about his aunt Anna Maher; Mrs. Charles writer Rex · Beach's novels. McCord had been courting Clark who knew Mary Anderson '25; Jim Nemec who called Doering for 41 years, making the 10,000 mile journey about Bell Greve; Marilyn Clark Bartkiewicz who wrote to say her from Alaska to _Ohio each year since 1917 to ask for mother, Mrs. Charles Clark, was a cousin of Mary Anderson '25, Grace's hand in marriage. Her wedding picture appeared who was killed in an automobile accident. in April 1978. in the August ·5, 1957, edition of Life magazine-she in flowing white and he in a top hat and cutaway and both Law Notes thanks CSU Librarian William Barrow and CSU flanked by an honor guard of U. S. Marines. Archivist William Becker for photographs from the archives of Grace D9ering McCord's nephew, . Dr. Richard the Cleveland Press. Doering, a retired university Professor of Clinical

38 Law Notes Ms. Patricia W. Pribisko '79 CLEVELAND-MARSHALL COLLEGE OF LAW Vice President, General Counsel & Corporate Secretary RANKS HIGH IN NUMBERS OF LESCO, Inc. GENERAL COUNSEL Rocky River, OH Ms. Shawn Rae Russell '86 General Counsel, Credit Card recent Supplement to the ASPEN DIRECTORY OF CORPORATE COUNSEL ranked Services the top 5 7 law schools according to the numbers of graduates who Bridgestone/Firestone, Inc. Abecame general counsel. The editors found that 22 law schools dominat­ Akron, OH ed the list with 41 percent of the country's general counsel. They were not sur­ Mr. Gregory L. Rutman '69 prised to learn that Harvard and New York University have superior numbers, Vice President, General Counsel, but they were surprised to discover that a handful of "less well known" schools Secretary & Assistant Treasurer The Gean Company had a significant presence; moreover, the school holding the 21st place among Avon Lake, OH the 57 contenders was Cleveland-Marshall College of Law! Below are the names of alumni who we believe are now serving as gen­ Mr. Michael J. Scott '78 VP, General Counsel & Secretary eral counsel. If you know of others or have corrections, please notify Mary OM Group, Inc. McKenna at the law school (1801 Euclid, Cleveland, Ohio 44115) or e-mail her Cleveland, OH at [email protected] Mr. David J. Sherriff '70 Secretary and General Counsel Mr. Steven L. Baden '84 Mr. Robert Gandal '54 Cole Vision Corporation General Counsel Vice President, Corporate Cleveland, OH The Suarez Corporation Industries Counsel & Secretary North Canton, OH CD! Corporation Mr. David J. Skrabec ' 75 Philadelphia, PA Vice President, Mr. Joseph A. Balog '76 & General Counsel General Counsel Ms. J. Julie Jason '74 Eltech Systems Corp. Dalad Group Managing Director & Chardon, OH Independence, OH General Counsel Jackson, Grant & Co. Mr. Martin J. Strobel '66 Mr. Charles A. Bittenbender '79 Stamford, CT Vice President, General Vice President, General Counsel & Secretary Counsel & Secretary Ms. Debbie Kackley '90 Dana Corporation NACCO Industries, Inc. Vice President, General Toledo, OH Mayfield Heights, OH Counsel & Secretary Scott Technologies, Inc. Mr. Raymond E. Theiss '85 Mr. Alvin Brauman '54 Cleveland, OH Executive Vice President President & General Counsel & General Counsel Brouman's Inc. Mr. Joseph M. Kraus '80 Transtar Industries, Inc. Pepper Pike, OH Vice President, Secretary and Cleveland, OH General Counsel Mr. Ernest A. Carpenter '65 Central Vermont Public Mr. P. Kelly Tompkins '81 Vice President, General Service Corporation Vice President, General Counsel and Secretary Rutland, VT Counsel & Secretary Tippins Incorporated RPM, Inc. Pittsburg, PA Mr. Loren J. Margolis '81 Medina, OH General Counsel Mr. Richard M. Cozart ' 76 M. Weingold & Co. Mr. Raymond A. Varcho '84 Vice President & General Counsel Cleveland, OH Vice President, General Chrysler Capital Corporation Counsel & Secretary Stamford, CT Mr. James J. McMonagle '70 National Auto Credit, Inc. Vice President and Solon, OH Mr. Dale E. Creech, Jr. '78 General Counsel Senior Vice President & University Hospitals of Cleveland Mr. Michael F. Waiwood '71 General Counsel Cleveland, OH Executive Vice President & Miami Valley Hospital General Counsel Dayton, OH Mr. Peter D. Miller ' 78 Midland Title Security Inc. General Counsel Cleveland, OH Mr. William Judson Cull '54 Dairy Mart Convenience Stores, Inc. Vice President, General Hudson, OH Mr. Mark D. Weller '81 Counsel & Secretary General Counsel Picker International, Inc. Mr. John D. Moran '83 AGA Gas, Inc. Highland Heights, OH General Counsel Cleveland, OH Corrpro Companies, Inc. Mr. Jeffrey L. Dean, CAE '80 Medina, OH Mr. Lawrence H. Wilhite '80 Executive Director and General General Counsel Counsel International Society Mr. Robert J. Peterson '81 Lansing Board of Water and Light of Explosives Engineers Vice President & General Counsel Lansing, MI Cleveland, OH Park Corporation Cleveland, OH Mr. Leonard D. Young '74 Mr. Mark S. Feldheim '73 General Counsel and Assistant General Counsel Secretary JMW Settlements Ferro Corporation Washington, DC Cleveland, OH

Spring 2000 3 9 Criminal Law Faculty Sponsors Criminal Justice Series

tudents, faculty, and members of the bar have had an opportunity this year to hear some of the country's leading experts in criminal law address issues confronting social workers, law enforce­ ment officers, psychologists, scholars and practi­ tioners of criminal law in a series of programs focussed on these issues. The Criminal Justice Forums were organized by Cleveland-Marshall Criminal Law Professors Phyllis L. Crocker, Patricia J. Falk, Joel J. Finer, Peter D. ·Garlock, Lolita Buckner Inniss, Adam Thurschwell, and Associate Dean Jack Guttenberg, with the support of the Student Criminal Law Society and Dean Steven H. Steinglass. In early October, a panel of speakers involved in the trial of Terry Nichols presented "Trying a High-Profile Death Penalty Case: Lessons from the Oklahoma City Bombing Trial of Terry Nichols." Panelists describing the challenges unique to litigating under pressure of intense media scrutiny included Edward Killam, founder and manager of Alliance Services of Boulder, Colorado, the investigative firm hired by the Terry Nichols defense team; Geoffrey S. Mearns, partner in the Cleveland law firm of Thompson, Hine & Flory and special prosecuting Prof David Cole

Adam Thurschwell, Edward Killam, Geoffiey Mearns and Steven Steinglass

Albert Hehr and David Cole

40 Law Notes attorney to the United States Attorney Association of Criminal Defense General in the Nichols trial; and Lawyers, discussed "Juvenile Justice: Adam Thurschwell, Professor of Law An Oxymoron." And Caroline M. and member of the Nichols defense Roberto, who has a wide-ranging team. practice in Pennsylvania representing A second Criminal Justice Forum clients in both federal and state courts in late October, sponsored by the on matters ranging from criminal Cuyahoga County Bar Association RICO, homicide, and death penalty to and organized by Adjunct Professor narcotics and theft, spoke on Gordon Friedman, partner in "Preparing the Client to Testify." Friedman & Gilbert, presented "Circle In February, Georgetown Univer­ the Wagon Trains: Criminal Defense sity Law Center Professor David Cole in the New Millennium," a sympo­ commanded a large audience for his sium considering various aspects of address on "Racial Profiling and Class criminal defense work. Injustice: How Our Criminal Justice Cleveland-Marshall Professor System Depends Upon Inequality." Phyllis Crocker, former Staff Attorney Professor Cole is a volunteer staff at the Texas Resource Center, a feder­ attorney and member of the board of ally funded death penalty resource the Center for Constitutional Rights agency, spoke on "Childhood Abuse, and is the legal affairs commentator for NPR's "All Things Considered." He Capital Punishment, and the Cycle of Prof Phyllis Crocker Violence." Psychologist, Dr. Deborah is the author of No EQUAL JUSTICE A. Koricke, Vice President of the (1999) and numerous other articles Center for Effective Living, Inc., spoke and books. on "Stalking: Is There a Defense?" The final Criminal Law Forum of while Cleveland criminal defense the year occured in April when former attorney Gerald A. Messerman spoke Cleveland-Marshall Professor Lynne on "Representing Lawyers and Other Henderson spoke on "Gender and Professionals." Virginia attorney Victims' Rights." Professor Henderson Marvin D. Miller has specialized in is now on the faculty of the criminal defense for over a quarter of University of Indiana at Bloomington a century and is a founding member School of Law. She has published of the Virginia College of Criminal widely on the law of rape, victims' Defense Attorneys. His topic was rights, and feminist jurisprudence. In "Criminal Ethics or Ethically 199 7 she testified on the proposed Criminal." William Rittenberg, a vet­ victims' rights amendment before the eran civil and criminal law practition­ United States Senate Committee on er and President-elect of the Louisiana the Judiciary. •

fudge foseVillanueva

Sarah Pillard, David Cole, Adam and Walter Thurschwell fack Guttenberg and fudge Daniel Polster

Spring 2000 41 Russia. It was very disheartening and I vowed never again to take for grant­ My ProBar Experience ed the freedom that America offers. Listening to their story and complet­ By Ann Vaughn ing their personal declaration taught me a great deal about displaying patience with clients who just want ver winter break from law of age who was escaping a harsh exis­ to get their story out replete with school, I participated in the tence in El Salvador. He traveled of irrelevant details. I also learned from O Pro Bono Asylum Represen­ his own initiative up Central America our many hours together about the tation (ProBAR) Project in Harlingen, through Mexico and into the U.S. dynamics of real Russian life. In addi­ Texas. ProBAR is funded through the where Immigration and Naturaliza­ tion, I developed a basic understand­ American Bar Association, the Texas tion Services (INS) detained him. ing about Russian law which is cur­ Bar Association, and the American Listening to his story about being an rently of great use in my studies in Immigration Lawyers Association. I, orphan and escaping gang recruit­ law school. Not only am I enrolled in 2L Linda Griffin, 2L Donald ment was both h eartbreaking and a Russian Law course and Russian Amirault, 3L Oscar Rodriguez, and simply astounding. I could not help language lessons this semester but I Cleveland-Marshall Professor Beverly but contrast what I was doing at the am also focussing on their claim for Blair '85 all spent one week working age of fourteen in comparison with political asylum as the topic of an at the ProBAR offices processing all that this young boy had gone impending paper. applications and doing whatever was through. In addition, I vowed never The last clients that I helped with necessary to aid refugees seeking again to complain about having to the political asylum process were two political asylum in the United States. walk too far anywhere. men from Pakistan who were escap­ This experience was significant I also worked with a Russian cou­ ing political persecution and the mil­ for me in a number of ways. First, it ple escaping ethnic cleansing and itary government that has taken over allowed me to beat a retreat from the rampant discrimination that was their country since the coup in harsh Ohio winters to the south of occurring in their native countries of Pakistan in October 1999. This expe­ Texas where the weather is unbeliev­ Uzbekistan and Russia. This portion rience was also quite meaningful as I ably warm to the point of being of my experience was particularly am Indian by birth. To help my own almost surreal. Second, this was the meaningful as I had spent the previ­ people (granted Indians and first time that I actually left the law ous summer in St. Petersburg, Russia, Pakistanis are officially mortal ene­ offices and courtroom of "LA.Law" studying international law. I was so mies but to me we are all the same) and "Ally McBeal" and journeyed happy to practice my Russian again even if in some small way made my into an actual law office where I saw and wax nostalgic about my Russian whole trip worthwhile. real live breathing clients! From what experience. I was quite dismayed, While I worked some very long Professor Blair tells me, however, however, to hear of all this couple hours and endured some very stress­ these law offices were not representa­ went through because the side of ful and emotional moments during tive of a typical traditional law firm. Russia that they described was a side my week in Harlingen, I did manage Last, I was able to put my first year that I never really saw or experienced a trip to Matamoros, Mexico, ironi­ and a half of legal training to actual during my five weeks abroad. I was cally travelling the same route but in use helping people gain legitimate astounded that the ethnic cleansing the opposite direction that two of my and lawful entry into the United this couple was escaping was occur­ clients traveled illegally in gaining States. ring at the very time that I was enjoy­ entry into the U.S. And in addition to During the orientation to the ing the white nights and culture of the nice weather, I also enjoyed program in the weeks preceding my superb Tex-Mex cuisine and margari­ actual trip, I learned that ProBAR was tas unmatched by any restaurant in dealing heavily with orphaned Northeast Ohio. Overall, my experi­ minors from Central America who ence with ProBAR has reinvigorated were escaping gang recruitment and me in my law school studies. I plan to seeking asylum in the U.S. through volunteer this summer with the the political asylum process. Since Immigration Services Center in Spanish was the native language of Cleveland, as immigration law has, these refugees, I prepared by brushing not surprisingly, become a possible up on my Spanish and familiarizing area of practice for me when I finally myself with immigration law and the become a lawyer.• political asylum process in general. Note: Ann Vaughn is a second-year One of the first clients I encountered law student. was a young boy about fourteen years Don Amirault, Linda Griffin, Ann Vaughn, Prof Beverly Blair

42 Law Notes Matthew Palmer Katrina Parker Donald Pashayan Robert Pelunis Jeffrey Peters Jennifer Peters Congratulations to the fol­ Joseph Hatina Mary Poland lowing alumni who were Robert Hicks Therese Powers successful applicants to the Pamela Houston Julie Price July 1999 Bar Exam: Kelly Hunt Maia Puryear Michele Jakubs Patrick Quallich Genevieve Adamo Robert Jambois Nicole Quathamer Terese Adomaites Susan Jankite John Regginello James Balazs William Johnston Kathryn Regnery-Vadas David Bartos Vickie Jones Jennifer Ricer Christopher Blake Andrea Julian Jennifer Riester Todd Bobka Rebecca Kelley Patrick Roche Tammy Bogdanski Patricia Kidd Robert Rohrbaugh II Pamela Bolton Lisa Klammer Heather Ross Linda Bosu William Kline III Andrea Russo Julia Bourdeau Darci Knight Gena Russo Anne Brigham Paul Kocsis Christopher Sammarone Andrei Calciu Paula Kuhn Joseph Saponaro Ryan Callender Laszlo Kulin James Scharville Rebecca Chrostowski Antionette Kwiatkowski Courtney Schmidt James Colabianchi, Jr. Mary Lindenmuth Angela Scott Patrick Condon Kristen Lusni Douglas Sergent Victoria Corrigan John Lysenko William Sheehan Stacy Cozart Matthew Madzy James Sheridan Melissa Day Rebecca Maggiano Zinaida Shulman Melissa Dean Mary Matheney Salvatore Sidoti Nicholas DeBaltzo, Jr. Timothy Mayle Samantha Snyder Brian Deckert Allison Mccallum Danielle Somrak Matthew DeVicchio Michael Menefee Marylouise Stevens-Walther Raymond Dugger Lilia Merecicky Sean Sweeney Nicole Ellis Mark Miller Harsh Tandon Mark Engling Michael Morgan Kenya Taylot Danielle Fekete Jeanne Murphy Elizabeth Thomarios Jeanine Fisher Gregory Neddenriep Alicia Torrado Antonio Franceschini Andrea Nelson Deborah Turner David Freeburg Jeffrey Neville Gary Vick, Jr. Richard Geiger Benjamin Neylon Jeffrey Wade Christopher George Matthew Norman Verne Waldow, Jr. Matthew Golish Jenifer Novak David Weilbacher Sarah Graham Kelly O'Neil Jennifer Whitney Carol Grasgreen Linda O'Toole Christine Yoon David Gray II Nancy Oliver Robert Zulandt III Angelique Hartzell Kevin Ondrey

Spring 2000 43 beneath "the surface of the discourse Human Rights of equality and secularism is an unapologetic appeal to brute majori­ Activist Ratna tarianism and an assault on the very Kapur Delivers legitimacy of minority rights." - --•--- & the 1999 Baker Professor Kapur's B.A. and M.A. in law Hostetler Lecture are from Cambridge University; her LL.M. is from Harvard Law School. She has worked as a practicing lawyer in India and has been a Visiting Professor at the National Law School in India. She is co-author of Stephen Petras and Ratna Kapur SUBVERSIVE SITES: FEMI NIST ENG AGEM ENTS n October the 1999 Joseph C. WITH LAW (with B. Cassman 1996) and Hostetler-Baker & Hostetler SECULARISM'S LAST SIGH? HI NDUTVA AND I Visiting Professor Ratna Kapur, THE (MIS)RULE OF LAW (with B. Cassman Director of the Centre for Feminist 1999). Legal Research in New Delhi, India, Apart from her scholarly accom­ spoke on "The Fundamentalist Face of plishments, Professor Kapur is an Secularism and Its Impact on engaging and gracious personality, Women's Rights. in India." Professor much admired by her students and Kapur is a leading figure in the strug­ her faculty colleagues. gle for equal gender rights in her The Joseph C. Hostetler-Baker & native India and she has a growing Hostetler Chair at the law school was international reputation in the larger created in 1988 by John Deaver struggle for human rights among the Drinko, Senior Advisor to the Policy Aaron Jacobson and Steven Steinglass nations' disenfranchised peoples. Committee at Baker & Hostetler, and According to Professor Kapur, the by friends and alumni at the firm. • greatest hindrance to equal civil, gen­ der, and religious rights in India is the political dominance of the Hindu Right and its insidious dismissal from the body politic of minorities and women through the discourse of secu­ larism. According to Professor Kapur, the model for secularism since Indian independence was proclaimed in 1947 has been Ghandi's concept of secularism as a policy of equality for all. Through the interpretive contor­ tions of the Hindu Right, equality for all religions has been transformed into a policy of treating all religious communities the same regardless of their minority status or of any histor­ ical legacy of persecution. Any "pro­ tection of the rights of religious minorities is cast as appeasement and a violation of the 'true spirit' of secu­ larism," according to Professor Kapur; as a consequence, secularism is "no longer about protecting the rights of minorities but, rather, about the assimilation of minorities." For

Ratna Kapur

44 Law Notes diminutive; she was short but she was And I also did not know about Remembering substantial. In that respect she was ill Violet's passionate concern for the Violet Tarcai '43 named. Yet both women's names rights of animals, but I am not sur­ belonged to the fashion of the last prised. (1917-2000) century's first decades when their par­ In 1963, undeterred by her sum­ ents crossed the ocean to America, and mons before the committee that e first time I met Violet Tarcai, both names seem to me to bespeak Truman had scorned as a "Red he marched into the office of their confidence in the generosity of Hearing," she boldly served as a dele­ Tier sister Elsie Tarcai '42, their new home, in a welcoming gate to the Women's Peace slammed her briefcase down on a desk assimilation in the land of the free. Conference in Moscow and in 1964, and declared, "There is no justice." I I did not know until I read according to her obituary, "took part liked her immediately. Violet's obituary by Alana Baranick in in the civil rights demonstrations at In fact, I liked and admired both the Plain Dealer on February 29, 2000, the Cleveland Board of Education sisters immensely, for they shared an that their reception in the new world Building." irresistible history, a history that was was not always welcoming. In 1962, In recent years, she and Elsie lived intimate with the great historical perhaps due to her involvement in together. I believe, when I met her, movements of their times. Their high­ many peace and civil rights demon­ that Violet's union years were long ly politicized parents, Louis and Mary strations in the 1960s, Violet was past, and the two sisters were practic­ Tarcai, had met on a picket line in labeled a Communist by an FBI infor­ ing together. Elsie died two years ago; Hungary, married, and emigrated with mant and called before the House Un­ Violet lived to see the new century Elsie, first to New York, then American Activities Committee in and the new millennium. I regret we Philadelphia, Chicago and finally to Washington. Could anyone have did not have an opportunity to Cleveland's Buckeye Road neighbor­ doubted that Senator McCarthy was remark on the passage of the era. I hood, where they operated an influ­ any match for Violet Tarcai whose would have liked to ask this remark­ ential Hungarian newspaper, Az Ujsag. understanding of the guarantees of able woman who had seen and lived Violet was born in America. Both girls the Constitution was far more pre­ through so much of the past century's helped in the press, and their father's scient than his? "I don't have to state political upheavals whether this was influence was such that they met my beliefs and my religion," she told to be the century which would call many of the local political heros of a reporter. "I'm an attorney and I forth justice. Louise Mooney the day-men like Frank Lausche '21 believe in the Constitution." Hooray whom they idealized-who came for Violet. courting their father's endorsement. Following their graduation from law school, the sisters were unable to find legal employment and both held MOOT COURT TRIUMPH! jobs on factory assembly lines. Elsie rofessor Stephen J. Werber, Richmond claims this was either the was fired from her factory job when Faculty Advisor to the C-M first or second time in the 14-year employees began organizing a union PMoot Court Board of history of the Competition that a because, it was reasoned, she was the Governors, and Legal Writing school placed both of its teams in the most educated and therefore the most Instructor Sandra Kerber '81 are final round. In the Northeast likely instigator of the union move­ pleased to announce the results of the Regional Competition of the ABA ment. Elsie went on to establish a suc­ Nova Southeastern University Round National Appellate Advocacy cessful practice; Violet, however, Robin National Moot Court Competition held in late February, stayed with the labor force and for a Competition, which was held in Ft. the C-M teams of Maria A. Citeroni, time did indeed work for the union. Lauderdale in early February. The C­ James B. Kenney, John A. In size, manner, and dress, the M team of Marvin Fete and Matthew Mugnano, Victor D. Radel, Lauren two sisters were polar opposites. Senra won the competition, while P. Smith, and Kelly L. Summers Diminutive Elsie, the first time I met the team of Jon Pinney and Carrie advanced to the fifth round, but were her and ever after, was neat as a pin; Saylor placed second. eliminated by margins of approxi­ Violet, in rumpled dungarees and Yes, Cleveland-Marshall faced mately two points or less. wrinkled blouse, roared like a locomo­ Cleveland-Marshall in the fi.nal round! Congratulations to all on a job tive into the room. Violet was not Competition director Michael well done!

Spring 2000 45 "advancing law as a putative settle­ Peter Fitzpatrick on "Life, ment of the space in-between these dimensions" of law!s self-sufficient Death and the Law-and why autonomy and its expansive depen­ dence on society and history and psy­ capital punishment is chology. But capital punishment can­ not accomplish such a settlement; it legally insupportable" cannot navigate the "space in­ between.11 And since the justness of the death penalty is "ultimately unknowable, . . . inevitably partial and arbitrary" and cannot accommo­ date with certainty the claims to n February, the law school's Spring digms. It cannot be rendered with equal protection of the 'other,' it 2000 Joseph C. Hostetler-Baker & complete certainty or objectivity: should be abandoned as legally I Hostetler Visiting Professor Peter "[T]he scene of legal judgment ... is Fitzpatrick delivered an academically inevitably arbitrary," ... "inevitably insupportable. • toned, well-reasoned and well­ discriminatory"; a judgment is ever a wrought lecture on the death penalty. matter of individual discretion that Law, says Professor Fitzpatrick, in might always be other than what it an allusion to Sevigny, is life-affirm­ is. Moreover, Professor Fitzpatrick ing; its "existential imperative" is "an asserts that arguments of death integral commitment to life." And penalty abolitionists invoking the thus when called upon to "deal compassionate responsiveness of law death," law inevitably manifests a are complicit with the arguments of "fundamental dissonance, even a ter­ death penalty advocates: Once minal incoherence, 11 and the law claims of mental incapacity, youth, must be neither dissonant nor inco­ defective legal representation, cor­ herent. Yet such, according to rupt procedures, or racial discrimina­ Professor Fitzpatrick, is the discourse tion are dismissed, the death penalty surrounding the death penalty in the remains intact and inviolate. United States. A sentence of death, according Law, he continues, must, even in to Professor Fitzpatrick, denies "the the Hobbesian model, pay equal trib­ protean promise held out by the rule ute to antithetical paradigms of of law," and thus he proposes inflexibility and responsiveness. The death penalty confounds both para-

Peter Fitzpatrick *** Peter Fitzpatrick is a member of the faculty of laws of the University of London's Queen Mary and Westfield Carol Shockley, Jim Kadlubak, and College. His LL.B. is from the Robert Glaser University of Queensland, Australia, and his LL.M. is from University College, the University of London. A scholar of international renown, Professor Fitzpatrick has lectured throughout the world on such issues as postcolonialism, nationalism, racism, and the rule of law. •

Carmen Marino Veronica Dever and Molly Sammon

46 Law Notes digm in a panel on "Reconstructing Re-Orienting Families: Adoption of Children by Same-Sex Partners," while Dr. Amalia Law and Sexuality: Lucia Cabezas of the Humanities Research Institute at the University of A Cleveland-Marshall California, Irvine, and Professor April Cherry examined the continuing Seminar debate on the criminalization, volun­ tariness, and trafficking in prostitu­ tion or sex work in an examination of n the past three decades the law of Rebecca Isaacs, Political Director "Legal Challenges to/by Sex the land has increasingly been of the National Gay & Lesbian Task Workers/Prostitutes." Finally, in I called upon to address legal issues Force in Washington, D.C., opened "Revisiting Legal Victories: Gains and arising from alternative sexuality and the seminar with a keynote address Losses," University of Michigan family structures: Sexual orientation, on "The Beltway and Beyond: The School of Law Professor Martha M. gender-identity discrimination, hate Struggle for Gay, Lesbian, Bisexual, Ertman and Ms. Isaacs summarized speech, adoption and custody of chil­ and Transgender Identity." Ratna and evaluated the legal reforms and dren, punitive sex laws, and repro­ Kapur, the 1999 Joseph C. Hostetler­ litigation strategies pursued on behalf ductive technologies are among the Baker & Hostetler Visiting Professor of sexual minorities. • provocative issues challenging and Director of the Centre for domestic and international legal sys­ Feminist Legal Research in New tems. Affected communities have Delhi, India, presented "Law and the sought redress through human rights Sexual Subaltern: A Comparative mechanisms, the courts, legislatures Perspective." University of Utah and ballot initiatives. In October, College of Law Professor Karen ]. "Re-orienting Sexuality and the Law," Engle, Professor Kevin O'Neill, and a conference organized by Cleveland­ University of Toledo Professor of Law Marshall Professors Susan J. Becker Robert S. Salem formed a panel on '83, April L. Cherry, Patricia J. Falk, "Local Human Rights Initiatives: Ratna Kapur, Kevin J. O'Neill, and Prospects and Perils," which consid­ Conference Coordinator Professor ered various human rights initiatives Tayyab Mahmud brought together challenging discriminatory ordi­ legal scholars, practitioners and nances, rules, and practices. activists to evaluate these legal strate­ Professors Susan Becker and gies and propose fair and equitable Patricia Fa lk discussed the law's solutions to some of contemporary response to family units that do not society's most troubling questions. fit the dominant heterosexual para- April Cherry

Robert Salem, Karen Engle and Patricia Falk Joyce Dove, Susan Becker, Tayyab Mahmud and Patricia Falk

Spring 2000 4 7 LEITER TO THE EDITOR FROM RETIRED ASSOCIATE DEAN CARROLL SIERK

Dear Editor:

In the Fall 1999 issue of LAW NOTES, there appear a couple of items relating to the Christiansen Deanship at 1 11 Cleveland-Marshall-one in "Centennial Feature: Cleveland-Marshall in the 70 s 1 the other in "Faculty Profile: David Goshien"-which suggest to me that more about the era needs to be said either by Professor Tabac or by me. Professor Tabac has suggested that I write first. I of course welcome any additions or corrections he may care to add.

Late in the spring of 1971, Dean James K. Gaynor, advancing in years and in poor health, resigned. The next fall he was replaced by Craig W. Christensen, who while bright and energetic, was also young, impatient, and inexpe­ rienced in law college administration. The day division at Cleveland-Marshall had opened in 1967, at the time of the break-off from Baldwin Wallace, but the night division would continue to be considerably larger for many years. During Gaynor's administration, it was essentially a night law school with a local orientation, and Gaynor himself was inclined to go along with the status quo.

Assistant Dean James Flaherty had proceeded with the established approach to 1971-2 scheduling. As with the night school, the day courses were arranged to accommodate those students who were working their way through law school. The times were almost ideal for working students, their employers, and (incidentally) moonlighting law facul­ ty. Dean Christiansen, however, noted that both ABA and AALS rules required that full-time law students and full-time law faculty should devote substantially full-time to their respective obligations, and that school class schedules should further these ends. As a result, he fired Flaherty as Assistant Dean almost immediately. Since Flaherty was popular, this did not make any friends for the new young dean. To compound matters, after conferring not with the whole faculty, but only a few like-minded associates, the impatient Christiansen then decided that the schedules should be .,radically changed as soon as possible, effective winter quarter, 1972. This affected not only working students and their employ­ ers, but also the plans of some moonlighting and part-time faculty whose class meeting times were changed.

It should have come as no surprise that there would be some sort of protest at the January 14, 1972, faculty meeting. The surprise was that it took the extreme form it did. Personally, I was ready to support a motion letting the Dean know that his faculty was unhappy with the way he was running things, but not one that would, in effect, take his job away from him. My mild support of the Dean got me named Assistant Dean. I believe I was most helpful in helping make peace with the self-proclaimed "loyal opposition."

To be fair to both sides, we could say that that one was looking back to the glory days of the good old local night law school; the other forward to the great, new-and predominately day-national law college that was just beginning.

Today at Cleveland-Marshall with our very diverse faculty and courses we do have it both ways. About 20 years after Christiansen, Steve Smith became Dean of Cleveland-Marshall, and he too found changes necessary in order to bring policies and schedules in line with ABA and AALS requirements. The big difference was patience. Smith did not find it necessary to act immediately, let alone fire anyone. Instead, over the course of two years, he persuaded his faculty and staff to make the needed changes.

Carroll Sierk Senior Trustee The William H. Thomas Foundation of Delta Theta Phi Law Fraternity, Inc.

Note: Retired Cleveland-Marshall Associate Dean Carroll Sierk taught at the law school from 1968 until 1996.

48 Law Notes learned as a clerk or a practitioner. And Farewell to the League of the League was successful in encourag­ ing collegiality among the faculties of Ohio's law schools. In the case of the Ohio Law Schools Cleveland-Marshall Law School, formed in 1946 by the union of the Cleveland Law School and the John Marshall School of Law, the League's accreditation was an important factor in strengthening the law school's cred­ ibility within the profession. The Cleveland-Marshall faculty played a significant role in the life of his year the League of Ohio schools formed the League of Ohio the League. According to retired Law Schools was disbanded Law Schools. Its objectives as stated in Associate Dean Carroll Sierk, "Going T by its remaining members. its first article were "improvement of back to about 1960, Interim Dean During the early critical years follow­ legal education in the State of Ohio" Howard Oleck and Professors Sam ing its founding in 1934, the League and "cooperation with its duly quali­ Sonenfield, Kevin Sheard, and I each fulfilled an important need as an fied bar." served on the League Executive accrediting agency for law schools, Committee for several years, each being President at one time." Dean such as our parent schools the In the case of the Sierk recalls that "Kevin conducted the Cleveland Law School and the John Cleveland-Marshall Law last meaningful LOLS law school Marshall School of Law, which were School, formed in 1946 inspection-that of the reopened not accepted into membership of the University of Dayton." Association of American Law Schools by the union of the Other Cleveland-Marshall person­ or accredited by the American Bar Cleveland Law School nel who represented the law school in Association. various League activities were former Although both the ABA and the and the John Marshall Financial Aid Administrator Marlene AALS regarded the part-time legal edu­ School of Law, the Shettel and Professor Stephen cation programs of proprietary law League's accreditation Werber. schools as inferior, in Cleveland these A press release issued by Paul programs were fortunate in the advo­ was an important factor Richert (University of Akron), Hugh cacy of many prominent attorneys, in establishing the law Ross (Case Western Reserve judges, and politicians who had University), Lance Tibbles (Capital), earned their law degrees in night law school's credibility within William Evans (Ohio Northern) schools. Furthermore, according to the profession. Sanford Caust-Ellenbogen (Ohio State) Cleveland-Marshall Dean Steven H. and Cleveland-Marshall's Dean Sierk Steinglass, "Part-time programs, with Charter members of the League states that, "By 1984 all Ohio law their greater accessibility to working included the Cleveland Law School, schools had obtained membership in men and women, were considered law the Cincinnati YMCA Evening Law the Association of American Law schools of the people," that is, more School, Columbus College of Law, Schools, and the League was no longer egalitarian in nature than the univer­ Ohio Northern University College of needed as an accrediting agency. The sity-affiliated and private not-for-prof­ Law, Ohio State University College of Ohio Supreme Court ceased to require it law schools. And, in fact, during the Law, University of Cincinnati College that Ohio law schools be members of first decades of the 20th century the of Law, Western Reserve University the League. While the League contin­ Cleveland Law School and the John School of Law, Canton-McKinley ued to sponsor a few regional lectures Marshall School of Law were the pri­ School of Law, and Youngstown and seminars on legal subjects their mary educators of the area's women College of Law. Later, the John usefulness was perhaps too limited and minority attorneys. Marshall School of Law joined the and too obvious." By 1934, in Cleveland and else­ League. The release concludes, "So after 66 where in the state, the status and effec­ The League established minimum years the League passes into Ohio tiveness of part-time legal education standards for admission to and gradu­ Legal history as a long chapter rather had sparked a heated debate among ation from law schools, conducted than as a mere footnote. Well done." lawyers on both sides of the issue. The inspections, and worked to reform the The papers and correspondence of conflict was resolved when the deans Ohio Bar Examination in order to test the League of Ohio Law Schools are of several of the AALS schools and sev­ what was actually taught in law housed in the law library of the eral of the deans of part-time law schools rather than what was better University of Akron.•

Spring 2000 49 1 . ~ llBRARY TlllES OF INTEREST----..l! by Schuyler M. Cook, MLS, JD '87, Reference Librarian

ach issue, I'll be providing a few Bar Association, cl999. RA 785 .K38 sort out what has and has not been words about the Law Library's 1999. This item encourages attorneys to addressed by the Ohio Supreme Court. recent acquisitions that may step back from the day-to-day grind and Specific chapters cover funding from interest practitioners. All titles focus on the broader picture of their the various levels of government. It also E lives as well as their careers. The author contains specific sections of the Ohio are available in the Cleveland-Marshall Law Library. You are welcome and attempts to put forward some strategies Administrative Code for easier refer­ encouraged to come by and use our col­ to deal with everyday pressures because, ence. lection. as he writes in his introduction, I was drawn to create my own work because OTHER TITLES OF INTEREST: CONTRACTS FOR THE FILM & TELEVISION too many books on the market accu­ INDUSTRY, 2nd ed. Mark Litwak. Los rately describe the overwork syndrome EMPLOYEE LEAVE RIGHTS UNDER STATE AND Angeles, CA: Silman-James Press, cl998. common in our culture without provid­ FEDERAL LAw: WHAT EVERY OHIO Employer KF 4302 .L58 1998. Like all books writ­ ing alternatives by which we can teach NEEDS TO KNow. Eau Claire, WI: National ten by attorneys, the first thing you read ourselves to be well. We all may need Business Institute, Inc., 1998. KFO 334.5 is a disclaimer page. Yes, the book is this author's advice. .F37 1998. authored by a California entertainment attorney who also teaches at Loyola of PUN!TlVE DAMAGES AND BUSINESS TORTS, A COMPLYI NG WITH TH E FAIR DEBT LA. So how can this book be useful to PRACTITIO NE R'S HANDBOOK. Thomas J. COLLECTION PRACTICES Ac r IN OHIO. Eau our alumni here in Cleveland? We do Collin, Editor. Chicago, IL.: Section of Claire, WI: National Business Institute, have an entertainment industry and a Antitrust Law, American Bar Inc., 1998. KFO 167 .C6 A84 1998. media market. This item partially fills Association, cl998. KF 3195 .Z9 P86 the virtual absence of sample contracts 1998. The preface to this title explains AMEIUCAN PUBLIC SCHOOL LAW, 4th Ed. and releases that have been heretofore that the origins of the book stem from Kern Alexander & M. David Alexander. unavailable through the standard form. the interrelationship of antitrust laws' Belmount, CA: Wadsworth Publishing treble damages and punitive damages. Company, 1998. KF 4118 .A39 1998. CARING FOR THE DEAD. Lisa Carlson. The focus is on business litigation, and Hinesburg, VT: Upper Access, Inc., the intended audience includes judges University ofBaltimore Intellectual Property cl998. GT 3203 .C36 1998. On the off­ as well as litigators. As an aside, the fore­ Law Journal. Baltimore, MD: University chance that general probate and estate word contains a thank you to the secre­ of Baltimore School of Law, 1992-. planning attorneys get questions about tarial and word processing staff at the K25.N56765. funeral laws such as, "Couldn't we just Cleveland office of Thompson Hine & bury Uncle Mortimer in the back yard? Flory. DOCUMENTI NG THE ATTORNEY-CLIENT It's really what he wanted," this item RELATIONSHIP: LAW FIRM POLICIES ON makes a good starting point. Everything CUSTOMER SATISFACTION IS WORTHLESS, ENGAGEMENT, TERMINATION, AND and more than you want to know about CUSTOMER LOYALTY IS PIUCELESS. Jeffrey DECLINATION. Committee on Law Firms. dealing with dead bodies appears to be Gitomer. Austin, TX: Bard Press, 1998. Chicago, lL: Section of Business Law, included here. It even includes a break­ HF 5415.525 .G58 1998. This title chal­ American Bar Association, cl 999. KF3 l l down by state (also D.C.). lenges us to be good to those we serve. .D63 1999. We call them clients; the book calls NAFTA JN A NUTSHELL. Ralph H. Folsom. them customers, but the difference is KIRSCH'S GUIDE TO THE BOOK CONTRACT. St. Paul, MN: West Group, cl999. KDZ only semantic. For those of you who FOR AUTHORS, PUBLISHERS, EDITORS, AND 944 .F653 1999. To the extent that attor­ never answer your own phone at work, AGENTS. Jonathon Kirsch. Los Angeles, neys in Cleveland, Ohio, represent this work may seem beneath you. For CA: Acrobat Books, cl999. KF 3084 .Z9 clients whose businesses are, or could those of you who do answer your own K57 1999. be, affected by NAFTA, this secondary phone, you will have a greater apprecia­ source provides a logical starting point. tion for the importance of interpersonal UNDERSTAN DING, PREVENTI NG AND The work provides some historical back­ contact and will probably recognize a LITIGATING YEAR 2000 ISSUES. New York, ground and some analysis of the treaty. greater benefit from these pages. NY: Practicing Law Institute, Inc., 1998- Further, the NAFTA treaty is contained . KF 390.5 .C6 U53. in one of the three Appendices. Like OHIO SCHOOL FINANCE, A PRACTITIONER'S most recent editions of the Nutshell GUIDE, 2nd ed. Richard E. Maxwell, Dale series, ask for this item at the Law Baughman & Donald E. Overly. Library's Circulation Desk. Cincinnati, OH: Anderson Publishing Co., cl996. KFO 2826 .03 055 1996. THE LAWYER'S GUIDE TO BALANCING LIFEAND Though published prior to the DeRolph WORK, TAKING THE STRESS OUT OF SUCCESS. decision, this overview of the law is George W. Kaufman. Chicago, IL. : Law extremely helpful to understand the Practice Management Section, American state of financing before DeRolph and to

50 Law Notes Dean's Column from page 3 University Hospitals, the Cleveland acknowledged each spring during the Chapter of the American Civil annual Academic Awards directed by Professor Weinstein along Liberties Union of Ohio, the Convocation, and students with out­ with Assistant Director Kermit Lind Ashtabula County Public Defender, standing pro bono service records are '84 and Staff Attorney Pamela Daiker Cleveland Works, and the U.S. eligible to receive one of the Dean's Middaugh '88. Students in this clinic Bankruptcy Trustees. Finally, a cre­ Community Service Awards. serve as legal counsel to community ative student may develop, with the The generosity of our students organizations and non-profit agen­ approval of the faculty committee, an and their willingness to apply the cies. A recent project involved a pro­ independent externship with a non­ lessons of the classroom to others are ject with our alumna, the Honorable profit or public organization. gratifying to all of us who care about Lillian W. Burke '51. Judge Burke the future of the profession. For the lives in a co-op built at the turn of the Doing Good Deeds for the Good past two years, Legal Writing century in an area designated by the of the Law Instructor Beverly Blair '75 has trav­ Cleveland Landmarks Commission as eled with students to Harlingen, the East Boulevard Historic District Pamela Daiker Middaugh of the Texas, where, under the auspices of and listed on the National Register of Community Advocacy Clinic also the South Texas Pro Bono Asylum Historic Buildings. Clinic students serves as Coordinator of the law Representation Project, a project of worked with Judge Burke and resi­ school's highly successful Pro Bono the ABA, the State Bar of Texas and dents of the co-op where she lives to Program. Large numbers of students the American Immigration Lawyers, convert the homes into condomini­ understand that community and pro she and her students have provided ums. Their efforts included several bono service are an important part of legal counsel and representation to meetings with co-op residents in their law school education and have immigrants and asylum applicants order to explain the legal benefits of responded enthusiastically to the detained by the INS at the South the conversion to them and their opportunity to provide legal and Texas Valley borders. Elsewhere in heirs. other services to underrepresented this issue of Law Notes, Ann Vaughn, groups, individuals, and organiza­ a second-year student, describes her Learning the Law in the Offices tions. In the last academic year more experiences this spring as a member and Courts of Law than 150 students and faculty mem­ of the ProBar team. bers volunteered approximately 8,000 For several years, we have placed our hours of services to agencies such as Parting Words students as externs in a variety of gov­ Habitat for Humanity, Cleveland ernmental, judicial, and community Public Schools, the Women's Re-entry In all these programs the law ceases to settings: The law school currently Program, and other organizations. be theoretical or abstract; the lessons offers a U.S. Attorney Externship, a Students do not receive academic our apprentice lawyers learn are Judicial Externship, a Public Interest credit for their pro bono work, but immediate and intimate and involve Externship, and an Independent they develop a commitment to ser­ them in the world where their future Externship. Each of these external vice that will be a component of their begins. In these settings, they learn placements is challenging, and each careers throughout their professional the skills and ethics upon which the dramatically supplements the class­ lives. Our students' pro bono and profession depends. • room experience. other community services are Students electing externships in the U.S. Attorney's Office are assigned ·to the criminal division during the fall semester or the civil division dur- . ing the spring semester. Students par­ l.l YOU KNOW. .. ticipating in Judicial Externships · work for 24 hours a week for federal That Felix De Weldon, the sculptor who sculpted the statue and appellate court judges. Students of the U.S. Marines hoisting the American flag on lwo Jima in the Public Interest Externship pro­ and the bust of John F. Kennedy in Boston's Kennedy gram may work for a range of legal Library, is also the sculptor who created the law school's organizations, including the Federal bust of Justice John Marshall? Public Defender, the Legal Office of

·-- Spring 2000 5 1 Recognition Lunch from page 9 ance in court." whose stewardship he has inherited In the Judge's chambers, stacks of from his father. listen to a judge when they're in front photographs are piled on the tables, Because he is such a dedicated of him. And then it's rewarding too if and many are of the couples he has public servant and because he is every­ you find you can't help someone and married. For taking pictures is a con­ where and because he is his father's you have the authority to put him suming interest of his, the closest look-alike, he is one of the city's most where he can't hurt anyone else. That's thing to a hobby he allows himself, recognizable public officials. According what jails are for." and that is what he likes to do on his to Karin Mika, "I have never gone any­ "Are you a stern judge?," I ask vacations. Visiting his daughter, where with him without a half-dozen him, but I know the answer. "If it's Victoria Perk, a mass transportation people stopping to say hello. This requiring everyone to act in a proper specialist living in St. Petersburg, includes mounted police officers com­ manner in court or life, I'm very stern. Florida, and watching the Indians in ing by at traffic lights, people in any If it's sending people to jail, when I spring training are also high on his list restaurant, and people who wave from review the numbers, I find I'm average of ways to spend his free time. inside buildings. Any time of the day or a little above." But the truth of the matter is that or night. Never once has he been less And what does he like best this Judge doesn't have a great deal of than gracious." about the job? "Performing marriages. spare time. In the Perk family code, That geniality of person and open­ Marrying people. I believe in the fami­ politics is not a part-time business: It ness to his fellow citizens are part of his ly unit so it's a privilege to be a part of doesn't begin or end in the Judge's father's legacy. a new life. It's also a privilage to be in courtroom. Beyond the Justice Center "And what about his father?" I ask the place where the average citizen is is that great community of need he the Judge. His valedictory? "He didn't exposed to the justice system. My has been taught to serve, the multiple have a mean bone in his body," replies responsibility is therefore to see that civic, professional, and charitable the Judge simply. Now that's the way they get a fair deal in their only appear- organizations and the individuals to raise a son and school a judge. •

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52 Law Notes 5, Alumni Happenings

1952 law as reported in the last issue of 1970 Hon. Joseph A. Zingales completed Law Notes. Mr. Donahue 's Robert M. Phillips joined the office is located at 827 Brick Mill his sixth and final six- year term as a Cleveland law firm of Faulkner, Run Rd., Westlake, Ohio 44145. He municipal court judge in Bedford. can be reached at 440-331-3232 and Sackett & Muskovitz as a partner. his fax is 440-331-5656. Law Notes 1953 apologizes for the error. 1971 Former U.S. Congressman Louis Dennis Dowdell joined The Stokes was the keynote speaker for Theodore R. Kowalski is currently Longaberger Co. as vice president of Columbus, Ohio's 15th Annual King serving his third two-year term on human resources. Birthday Breakfast at the Greater the Fairview Park City Council. Mr. Columbus Convention Center. Kowalski has been the chair of the CMLAA Board member John J. finance committee each term. Lombardo joined the firm of Joseph Marcus Gleisser celebrated his SOth B. Jerome and Associates as Of anniversary as a reporter for The CMLAA Life Member Stanley Counsel. Mr. Lombardo will practice Plain Dealer. Morgan stern was certified as a spe­ in the areas of title policy claims and cialist in Family Law and retained by real estate matters. 1958 West Publishing as the General CMLAA Life Member James P. Editor of The Domestic Relations 1972 Conway received the Honorary foumal of Ohio. Basil Russo was featured in Alumnus Award from Case Western "Cleveland's Italian-Americans: The Reserve Frances Payne Bolton School Hon. Kenneth D. Stern is a judge in ew Century," the Italian American of ursing. Palm Beach County Court, Florida. Cultural Foundation's supplement to Cleveland Magazine. 1961 1968 CMLAA Life Member Judge Anthony CMLAA Honorary Trustee Hon. Ann Keith A. Savidge was appointed 0 . Calabrese Jr. and his wife, Dyke was named Administrative director of the litigation division in Denise, are the proud parents of a Judge of the Ohio Eighth District the Cleveland law firm of Seeley, baby boy, Orlando, born in Court of Appeals for the year 2000. Savidge & Ebert. December. Judge Calabrese was pro­ filed as a cornerstone of the commu­ CMLAA Life Member Hon. Bohdan 1973 nity in "Cleveland's Italian­ A. Futey delivered "Political Andrew Bemer of the Cleveland law Americans: The ew Century," the Questions: on-Justiciable Issues for firm of Seeley, Savidge & Ebert was Italian American Cultural the Courts to Decide" at the elected President of the Rocky River Foundation's supplement to Supreme Court of Ukraine's Board of Education for 2000. He also Cleveland Magazine. International Foundation for serves as the Board's Legislative Election Systems Conference in Kyiv. Liaison to the Ohio School Board Albert P. Sharpe III was awarded the Judge Futey was also a lecturer on Association. highest honor an Eagle Scout can "The Rule of Law and the Judiciary receive: the Distinguished Eagle in Ukraine" at the Seminar in 1974 Scout Award. Ukrainian Studies Series, presented Former U.S. Congressman Dennis E. by the Ukrainian Research Institute Eckart joined the Baker & Hostetler 1963 at Harvard University. law firm as a partner in its Henry Hentemann joined the Washington, D.C., and Ohio offices. Cleveland law firm of Davis & Young Robert D. Monnin is head of the as a principal. Mr. Hentemann prac­ product liability group in the William L. Evans joined the law tices insurance law, including unin­ Cleveland firm of Thompson Hine & firm of Vinson & Elkins as Director sured motorist coverage and bad­ Flory. Mr. Monnin's practice focuses of Administration of its Dallas, faith claims. on product liability, commercial law, Texas, office. and representation of businesses and 1967 corporations in contract disputes. 1975 Correction: Charles B. Donahue II Gary A. Ebert was appointed direc­ has not retired from the practice of tor of the land use, governmental

Spring 2000 53 Alumni Happenings and public law division in the 1978 1983 Cleveland law firm of Seeley, Savidge Leslie J. Croland is a partner with Linda S. Glassman joined the toxic & Ebert Co. the law firm of Steel Hector & Davis tort practice of the Cleveland law in Miami, Florida, where he practices firm of Buckley King & Bluso in the CMLAA Honorary Trustee Jose C. international securities law. asbestos litigation defense area. Feliciano was honored by the American ationalities Movement Randee S. Schatz was appointed to Michael D. Pokorny is the for his civic, community and profes­ the Palm Beach County Health Care Administrative Counsel to the sional achievements. District's Board by Governor Jeb Cuyahoga County Board of Health, Bush. Ms . Schatz is the second and a Councilman in the city of 1976 woman to serve on the seven-mem­ Parma Heights. The Commerce Group Inc., the ber Board. Webster, Massachusetts-based parent Stephen G. Sozio joined the company of property and casualty 1979 Cleveland law firm of Jones Day insurer Commerce Insurance Co., Jennifer Weiler was sworn in as a Reavis & Pogue in the corporate named Thomas D. Jungeberg senior Garfield Heights Municipal Court criminal investigation section of the counsel in its legal department. Judge in January. litigation group. Eugene A. Kratus joined the 1980 1984 Cleveland firm of Spieth, Bell, Terrance R. Ahem was appointed to Former Cleveland Press environmen­ McCurdy & Newell as a partner prac­ the Board of Directors of Developers tal reporter Betty Klaric was induct­ ticing estate planning, probate, tax, Diversified Realty Corp. ed into the Press Club of Cleveland's and corporate law. Journalism Hall of Fame. Ms. Klaric Carl J. Dyczek joined the Cleveland is credited with making the Frank j. Kundrat opened a new office of Jones, Day, Reavis & Pogue Cuyahoga River and Lake Erie sym­ office in St. Cloud, Minnesota, for as a staff attorney. bols of the degradation of America's the general practice of law, with a waters. concentration in labor, employment, 1981 municipal and business law. CMLAA Vice President and Life Robert E. Kmiecik joined the Member Dennis Lansdowne's article Cleveland law firm of Kaman, Ott & Deborah Sesek was named Woman "Arguments for Tort Reform Just Cusimano where he will practice in of the Year from St. Hilary Parish in Don't Hold Up" was published in the area of condominium covenant Fairlawn, Ohio, at the Summit Grain 's Cleveland Business. enforcement, developer construction Regional Council of the National and contractual disputes. Council of Catholic Women's Margaret E. Stanard announced the Annual Christmas Luncheon. opening of her new law practice, Michael Stinn was appointed man­ Stanard & Corsi, with offices at 55 ager of the Insurance Defense Group 1977 Public Square. of the Cleveland law firm of Seeley, Chardon attorney Paul ewman Savidge & Ebert. was featured in the Metro section of 1982 The Plain D ealer for his landscape Karen L. Greco was elected a princi­ 1985 photography. pal in the law firm of Brouse & J. Michael Creagan joined the McDowell where she practice estate Cleveland law firm of Davis & Young Jana Sigars-Malina is Of Counsel in planning and probate law. where he will practice insurance law the Miami, Florida, law firm of and insurance coverage. Sandler, Travis & Rosenberg. Stephen G. Macek joined Metropolitan Bank & Trust as assis­ Richard G. Witkowski is a member Patricia Vail is the statewide director tant vice president and associate of the Pittsburgh based law firm of of pro bono services for Florida Legal counsel. Doepken Keevican & Weiss in its Service and the Florida Bar Cleveland office. Mr. Witkowski's Foundation based in Jacksonville. practice is concentrated in account­ ing and legal malpractice, insurance

54 Law Notes coverage, general business, and lia­ Paul Janis was appointed the chief Christopher Holecek was appointed bility defense litigation. city prosecutor for Toledo. to the city of Twinsburg's Planning Commission. Susan H. Lefferts joined the Cleveland law firm of Buckley King Eric M. Simon joined the Akron law & Bluso where she will practice firm of Buckingham, Doolittle & asbestos litigation defense, health Burroughs, where his practice will care, hospital law and medical mal­ focus on health law. practice defense. The Cuyahoga County Board of Charles G. Pona, a partner at the Cleveland law firm of Weitman, Weinberg & Reis, was re-elected to a M. Patricia Culler third term as a vice president of the National Association of Retail M. Patricia Culler, Of Counsel with Collection Attorneys (NARCA). Mr. the Cleveland firm of Hahn Loeser & Pona was also re-elected president of Parks, was elected a Fellow of the Mayfield Heights City Council. American College of Trust and Estate Counsel. 1987 Mary Kaye Bozza was elected a Thomas M. Wilson judge in the Lyndhurst Municipal Commissioners appointed Craig Court. Tame as permanent director in the Department of Justice Affairs. Sherry A. Croyle is an associate with the Cleveland law firm of Janik & Thomas M. Wilson joined the Forbes. Cleveland law firm of Kelley & Ferraro, where he will practice CMLAA Life Member Thomas Feher asbestos, tobacco, and commercial was featured in the Cuyahoga real estate litigation. County Bar Association's Law & Fact f ack Weisensell magazine for his volunteer work as 1988 Chair of the Make A Wish Charity Allan G. Churchmack is associated Jack Weisensell, a partner with the Committee. with the Cleveland law firm of Akron law firm of Amer Nischwitz, Pembridge & Chriszt, Cunningham Brennan Co., L.P.A., And then there were FIVE! CMLAA where he practices in the areas of was appointed to the Cuyahoga Falls Life Member and Past President employment law and real estate. Board of Zoning Appeals. Scott C. Finerman and his wife, Laurie, are the proud parents of Cleveland State University's Chief of 1986 triplets, Brooke Ashley, Brittney Police David R. Moughan is retiring Deanna L. DiPetta joined the Lauren, and Brett Tyler, born on and will pursue other areas of inter­ Cleveland firm of Zashin & Rich February 2. est. where she will practice in the areas of divorce, dissolution, child cus­ C-M Adjunct Professor and CMLAA 1989 tody, support issues and marital Life Member Michael P. Harvey's CMLAA Trustee Ellen M. McCarthy property settlements. article "Essential E-Law: Electronic was named a principal in the Mail Creates New Legal Issues in the Cleveland firm of Nurenberg, Plevin, Davin R. Gustafson was appointed Workplace" was published in Ohio Heller & McCarthy. Director of Valuation and Litigation Lawyer, Vol. 13, No. 6. Advisory Service for Spector & Paul Psota was named a principal in Saulino/S&S Business Services Inc., the Cleveland law firm of Buckley an independent certified public King & Bluso. accounting firm in Akron.

Spring 2000 55 Alumni Happenings

Stephen C. Sutton joined the Tremco, Inc., a construction sealants Cleveland law office of Duvin, Cahn, and roofing materials manufacturer. & Hutton as a partner. Scott T. Wakeman was elected a part­ Ronald J. Ziehm is an associate with ner in the Arlington, Virginia intellec­ the Cleveland law firm of Davis & tual property firm of Dennison, Young. Scheiner, Schultz & Wakeman. 1992 1993 Randi Marie Ostry Gregory S. Costabile and his wife, Adam E. Carr and his wife, Valerie Wax Carr, are proud to announce the Assistant Cuyahoga County birth of their first child, Colin James, Prosecuting Attorney Randi Marie born on December 25 at Akron Ostry is a candidate for Judge of the General Hospital. Cuyahoga County Court of Common Pleas. William LaMarca joined the Solicitor's Office as an associate solic­ 1990 itor for the U.S. Patent and Kirk R. Henrikson became a partner Trademark Office. Mr. LaMarca previ­ in the Cleveland firm of Rademaker, ously served as a Patent Examiner in Matty, McClelland & Greve, where Gregory S. Costabile the examining corps. Mr. LaMarca he concentrates his practice on Carmel, celebrated the birth of a was commissioned as a U.S. Naval worker's compensation law. daughter, Gabriella Rose, on Officer in 1993 and currently serves November 8. Mr. Costabile, an asso­ in the USNR Engineering Duty Patrick J. Leddy was named a part­ ciate attorney with Phillips & Mille, Officer Program supporting Naval ner in the law firm of Jones Day was also elected to the Mayfield Hts. Sea Systems Command in Arlington, Reavis & Pogue, where he practices City Council. Virginia. After earning his J.D. from in mergers and acquisitions, securi­ Cleveland-Marshall, Mr. LaMarca ties and general corporate law. David J. Finnerty was appointed to received an LL.M. in Patent and the office of Magistrate of Seven Intellectual Property Law from the Michael McPhillips is a new mem­ Hills. George Washington University ber of the Euclid School Board. ational Law Center. Laura Mimura joined the public Cornelius J. O'Sullivan is an associ­ relations and investor relations firm 1994 ate with the Cleveland law firm of of Dix & Eaton as an account execu­ Mark Avsec was named a Justice-For­ Davis & Young. tive in the media relations group. All Volunteer of the Month by the 1991 Cleveland Bar Association. Robin J. Peterson was named a prin­ Lois]. Cole was elected a partner in cipal in the Cleveland law firm of Lisa S. Friedman joined the civil liti­ the Cleveland law office of Arter & urenberg, Plevin, Heller & gation law firm of Krantz, Powers & Hadden. Ms. Cole practices in the McCarthy, where he chairs the work­ Friedman as of counsel concentrat­ areas of product liability, drug and ers' compensation department. ing in premises-liability litigation. medical devices, medical malpractice and general litigation. Daniel A. Richards, a partner in the David H. Gunning II was elected Cleveland law firm of Weston Hurd President of the Board of Trustees for Dennis R. Fogarty has rejoined the Fallon Paisley & Howley, was the Goodrich-Gannett Neighbor­ Cleveland law firm of Davis & appointed chairman of the firm's hood Center in Cleveland. Young. appellate practice. CMLAA Trustee Michelle Sheehan Philip J. Germani has joined the James L. Tierney II was named a and her husband, Brendan '93 employee benefits group of the corporate vice president, general and big sister, Erin, announce the Cleveland law firm of Ulmer & counsel, and assistant secretary of birth of Makayla, born on ovember Berne. 24 at nine pounds.

56 Law Notes ~lumni Ha enin s

1995 for homeless men that stresses exten­ their practice together in the Sun Suzanne M. Conroy joined the sive alcohol and drug rehabilitation News. Cleveland office of Arter & Hadden and life-skills training. as an associate in the real estate prac­ 1999 tice group. 1998 Christopher S. W. Blake is an asso­ Mark S. Abood is practicing estate ciate in the Cleveland firm of Hahn Wendy West Feinstein is an associ­ and business planning, corporate Loeser & Parks, practicing business ate in the Cleveland office of and real estate law in the Broadview and corporate law. Doepken Keevican & Weiss where Hts. firm of Oakar, Ruffa & Abood. she will focus on litigation matters. Danielle Fekete Swisher is an asso­ James Doran is an associate in the ciate in the Cleveland law firm of Stephen P. O'Keefe is a partner at Cleveland law firm of Weitman, Koblentz & Koblentz. Reminger & Reminger in Cincinnati Weinberg & Reis in the credit union where his practice focuses on med­ services department. John D. Goodman is an associate in ical malpractice and professional lia­ the health care practice group at the bility. Cleveland law firm of Ulmer & Berne. 1996 Robert C. Psaropoulos joined the Sarah S. Graham joined the Cleveland office of Benesch, Cleveland firm of Krantz, Powers & Friedlander, Coplan & Aronoff as an Friedman. associate in the litigation practice group. David E. Gray II joined the Cleveland law firm of Rademaker, Daniel A. Romaine joined the Matty, McClelland & Greve as an William E. Corie Cleveland Law firm of Sindell, Young, associate practicing workers' com­ Guidubaldi & Sucher, where he will pensation defense, municipal law, practice in the areas of personal William E. Gorie joined the and general civil litigation. injury and general civil litigation. Cleveland law firm of Kelley & Ferraro as an associate. M. Terrell Menefee joined the 1997 Cleveland law office of Scott S. Allen practices labor and Rachel Kabb-Effron was named a Thompson Hine & Flory as employment law with the Miami, Justice-For-All Volunteer of the an associate. Florida, law firm of Muller, Mintz, Month by the Cleveland Bar Kornreich, Caldwell, Casey, Crosland Association. Melanie W. Mohar was named an & Brannick. associate at the Cleveland firm of Scott Kreighbaum recently returned Millisor & Nobil, where she practices Megan J. Corsi announces the open­ to Cleveland from Washington, D.C. in the areas of employment litiga­ ing of her new law practice, Stanard and practices securities law at tion, labor relations, and human & Corsi, at 55 Public Square. Cowden, Humphrey & Sarlson. resources management.

William R. Hanna joined the Sean O'Toole is an associate with Jenifer E. Novak is a staff attorney Cleveland law firm of Walter & the Cleveland firm of Weitman, in the business litigation practice of Haverfield as an associate practicing Weinberg & Reis, where he focuses the Cleveland firm of Thompson in the public law and telecommuni­ on probate and special collections. Hine & Flory. cations groups. Gabriella Russo Rosalina and hus­ Nancy A. Oliver is an associate with Chip Joseph was featured in a Plain band, Joseph '01, announce the the Cleveland firm of Hahn Loeser & Dealer commentary column as the birth of their first child, Joseph Parks, where she practices in the liti­ 1999 Local Unsung Good Guy of the Kenneth, born in September. Ms. gation area. Year for his work as executive direc­ Rosalina and her father, Basil '72, tor of Y-Haven, a residential facility were featured in an article about

Spring 2000 5 7 Alumni Happening

Therese M. Powers joined the IN MEMORIAM Cleveland firm of Rademaker, Matty, Gena M. Russo is an associate mem-, ber of the litigation practice group in McClelland & Greve as an associate Violet J. Tarcai '43 practicing in the areas of workers' the Cleveland office of Buckingham Mary Sotak Franek '46 compensation defense, municipal Doolittle & Burroughs. J. Vaughan Byrne 'SO law, and general civil litigation. Donald B. Mccann '51 Douglas R. Sergent is an associate in Philip V. Capuano '52 Jennifer A. Riester is an associate the Cleveland office of Baker & Hon. William J. O'Neill '52 with the Cleveland firm of Weston Hostetler. Donald W. Peters '53 Hurd Fallon Paisley & Howley. Richard N. Ganger '54 Jason R. Sussman and Gary A. Vick, Eugene A. Kamps '60 Patrick M. Roche is an associate Jr. are associates with the Cleveland Walter R. Wagner '61 Daniel W. Feldman '67 with the Cleveland law firm of Davis law firm of Weston Hurd Fallon Daniel J. Goldman '67 & Young. Paisley & Howley. Neil Hamad '79 Nancy F. Fingerhut '86 Eric Rothgery is the safety service Karla Springman '93 director for the city of Elyria.

WORD OF THANKS ... TheCleveland-Marshall Alumni Association wishes to acknowledge and thank William E. ers '68 for his generous contributions to the Law Alumni Association.

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58 Law Notes by Rosa M. DelVecchio Austin & Winfield. Professor Forte Tayyab Mahmud published lectured on "Pervasive Religious "Postcolonial Imaginaries: Alternative Linda L. Ammons published Persecutions: A Violation of Development or Alternatives to "What's God Got to Do with It? International Law" at a program Development?" in Transnational Law Church and State Collaboration in sponsored by the International Law & Contemporary Problems. This essay the Subordination of Women and Students Association and the is a response to the papers presented Domestic Violence" in Rutgers Law Christian Legal Society. at the session on Law, Race & Review. Professor Ammons presented International Development at the "Visions: Following the Light, An Deborah Geier was appointed Chair Critical Race Theory Conference at African-American Photographic of the AALS Tax Section for 2000. Yale University in 1997 and forms Journey" as part of the CSU Black parts of a Symposium issue of the Studies Program Curtis Wilson A CSU graduate with a B.A. in journal. Public Radio WORT, Colloquium Series. Three of her pho­ Philosophy, Aaron Germ accepted Madison, Wisconsin, broadcast two tos were selected in juried competi­ the position of Circulation Assistant detailed interviews with Professor tions in Cleveland and Columbus. in the Law Library. Mahmud regarding the coup de e'tat The CSU Art Gallery hosted the in Pakistan and its national, regional Woman's Invitational Show, which The Faculty Enrichment Program, and international implications. included four pieces by Professor organized by Jack Guttenberg, Ammons. She chaired the Ohio included presentations by Peter Patricia McCoy accepted a visiting Supreme Court Futures Commission Fitzpatrick on "Enacted in the appointment at the University of Public Hearing in the Moot Destiny of Sedentary Peoples: Connecticut College of Law for Courtroom, taught Advanced Racism, Discovery and the Grounds Spring 2000. Administrative Law at the National of the Law"; Arthur Landever on Judicial College in Reno, Nevada, "Constitutional Law-A Legal In December Louise Mooney and and delivered a keynote address on Methods Approach"; Kunal Parker Ohio State University Professor of Domestic Violence at LaSierra on "Citizenship, Property and Slavic Languages George Kalbouss University in Riverside, California. Territory: Legal Construction of were facilitators for a CLE law and Professor Ammons was appointed to Immigrants in Ante-bellum literature program, "Booked for the the Advisory Board of the Ohio Massachusetts," and James Wilson on Day," jointly sponsored by the Ohio Justice Institute for the Legal "The Evolution of Equal Citizenship Humanities Council and the Ohio Profession and to the AALS with America's Imperial Republic." State Bar Association. Committee on Bar Admission and Lawyer Performance. Mary Ann Jarochovic, formerly Kevin F. O'Neill was interviewed by Word Processing Specialist, has Time Magazine regarding the Fourth David Barnhizer traveled to Thailand moved up to the position of Amendment implications of "zero where he presented "Codes of Administrative Secretary in the tolerance" policies that public Conduct for Responsible Aquaculture" Department of History at CSU. schools have been adopting in the at a meeting organized by ISA Net wake of the Columbine shootings. and "Creating Effective Regulatory Stephen Lazarus taught an Professor O'Neill and Rebecca Zirm Systems for Sustainable Coastal Zone American Politics and Government spoke to the Pre-Law Society at Aquaculture in Shrimp Producing class at Willoughby South High Mount Union College in Alliance, Countries" at the NACA/FAO School, a U. S. History and American Ohio. After Ms. Zirm gave a brief Conference on Aquaculture in the Government class at Southview High overview of the admissions process, Third Millennium. School in Lorain and a Civil Rights Professor O'Neill spoke to the stu­ class at St. Ignatius High School in dents about his involvement in the Dena S. Davis served on a Religion Cleveland. He lectured on "Ethical ACLU's challenge to an Ohio prison and Bioethics panel at the Issues in Labor Law Practice" at a system regulation prohibiting the Association for Practical and Region 8 Labor Law CLE Seminar for utterance of "last words" by death Professional Ethics Annual Meeting. the National Labor Relations Board row inmates prior to execution. and Ohio State Bar Association in Patricia Falk accepted a visiting Cleveland, and on the "Historical Marie Rehmar published "Law appointment at the University of Bases for Immigration Law and Dictionary Reborn-Black's 7th," a Westminster in London for Spring Ethical Issues Relating to the review of BLACK'S LAW DICTIONARY, in 2000. Representation of Aliens in Criminal Ohio Lawyers Weekly. Cases" for the Garfield Heights David F. Forte published STUDIES IN Municipal Court and Cuyahoga Heidi Gorovitz Robertson published ISLAMIC LAW: CLASSICAL AND County Bar Association in Chapter 15: Controlling Existing CONTEMPORARY APPLICATION with Independence. Facilities in THE LAW OF ENVIROMENTAL

Spring 2000 5 9 Faculty & Staff Happenings

JUSTICE: THERIES & PROCEDURE TO Becker on "Sexual Orientation and Steven H. Steinglass received an ADDRESS DISPROPORTIONATE RISKS (ABA) the Law: An Overview," April Cherry Outstanding Contributions Award and also "One Piece of the Puzzle: on "Race, Gestational Surrogacy and· from the Ohio Hispanic Bar Why State Brownfields Programs the Ideology of Motherhood," David Association at its First Annual Can't Lure Businesses to the Urban Snyder on "Trial by Combat and Scholarship Benefit luncheon. Cores without Finding the Missing Other Tales of the Common Law," Pieces" in Rutgers Law Review. and David Forte on "Islamic Law: It's WCPN broadcast April Baer's inter­ Professor Robertson chaired a panel not what you think." view of Alan Weinstein regarding on "Economic Development: the future .of the 1-X Center and Brownfields Project" at the David V. Snyder published a book Hopkins expansion. Conference on Sustaining review of Peter Stein's ROMAN LAW IN Neighborhoods: An Antidote to EUROPEAN HISTORY. The review, "Roman Frederic White was the main speak­ Urban Sprawl, presented by the Law after the Fall of Rome," was pub­ er at a panel discussion on "Decanel Countywide Financial Institutions lished electronically at http://www.h­ and Administrative Opportunities in Advisory Committee and co-spon­ net.msu.edu/reviews. Professor Snyder the New Millennium-Roundtable sored by the law school. also published "The Law of Contract II" at the 6th Annual Mid-Atlantic and the Concept of Change: Public People of Color Scholarship Alan Miles Ruben was appointed and Private Attempts to Regulate Conference at Widener University Editor-in-Chief for the 6th edition of Modification, Waiver, and Estoppel" School of Law. Dean White was also How ARBITRATION WORKS at the Mid­ in the Wisconsin Law Review. His arti­ a panelist for "The New Debate Over Winter meeting of the ABA cle "Comparative Law in Action: Standardized Tests" at the National Committee on Alternative Dispute Promissory Estoppel, the Civil Law, Bar Association Wiley Branton Resolution of the Section on Labor and the Mixed Jurisdiction," original­ Symposium in Atlanta. He served on and Employment Law. ly published in Arizona Journal of the University of Arkansas School of International and Comparative Law, was Law site evaluation team. The spring Faculty Speaker Series, published as Chapter 10 of LOUISIANA: organized by Michael J. Slinger, MICROCOSM OF A MI XEDJURISDICTION by included presentations by Susan J. Carolina Academic Press. I I YOU KNOW. ..

That U.S. Administrative Law Judge Paul Brickner '83 (LL.M.), Cuyahoga County Common Pleas Judges Carolyn B. Friedland '78 and Eileen T. Gallagher '87 attended a pro­ gram on France's Civil Law System, conducted by the National Judicial College in May 1999.

Picture, left to right: Judges Brickner and Friedland, Chief Justice of France Pierre Truche, and Judge Gallagher. YOU DO NOW!

60 Law Notes I I

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