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1994 In Brief

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/^7r inLaw Alumni News Bulletin briefSeptember 1994 in brief Number 62 Inside this issue ... Published three times a year by the Case Western Reserve University School of Law for alumni, students, faculty, and friends.

Editor Kerstin Ekfelt Trawick Commencement 1994 Director of Publications Faculty Editor Wilbur C. Leatherberry Professor of Law Associate Dean for Academic Affairs Contributing Editor John M. Nolan Director of Alumni Services Topping Off Photographers Mike Sands Kerstin Ekfelt Trawick

Focus on Phoenix Law School Administration Peter M. Gerhart (216) 368-3283 Dean Daniel T. Clancy (216) 368-3308 Associate Dean for External Affairs Wilbur C. Leatherberry (216) 368-3585 Associate Dean for Academic Affairs JoAnne Urban Jackson (216) 368-5139 1 A Eastwood ’96 Associate Dean for Student At on a Trip to China and Administrative Affairs Barbara F. Andelmcm (216) 368-3600 Assistant Dean for Admission and Financial Aid Debra Fink (216)368-6353 Director of Career Services Kerstin Ekfelt Trawick (216) 368-6352 Director of Publications 18 New Benchers Elected John M. Nolan (216) 368-3860 Director of Alumni Services Cheryl Lauderdale (216) 368-6363 Coordinator of Continuing Legal Education 1994 Alumni Weekend Betty J. Harris (216) 368-3280 Registrar ^\J and Building Dedication Ann Marcy (216) 368-6350 Director of Budget and Human Resources

Cover: The building addition received its highest steel girder just about the time the Centennial Initiative Case Western Reserve Campaign reached its successful conclusion. University See page 6. A School of Law Copyright © Case Western Reserve University All rights reserved. Designed and manufactured by the Schaefer Printing Company, Cleveland, Ohio. Printed on recycled paper. The Dean Reports

I write this time about change and boxes. Let me first give Law does not come in tidy packages. A client does not you the context. walk in and say; “1 have an environmental problem.” Even a problem that seems easy to label is usually wrapped up We are a law school blessed with great resources. Thanks in many other legal issues. Yet too often a law school to the generosity of alumni and friends, we have com­ curriculum is conceived as a series of boxes, or at least pleted our Centennial Initiative Campaign in grand style: students understand it that way. They take courses in as reported elsewhere in this issue, the $28 million we modules, without always understanding the connections raised exceeded our original goal by more than $13 between them. We require some of the modules and we million, and exceeded our “stretch” goal by $3 million. highly recommend others (business associations and tcix, for example), but in general we don’t highlight the Our faculty is energetic and talented; it is so loaded with relationships. stars that the loss of any one would not seriously dimin­ ish the constellation. It is large enough to give us the This is unfortunate. It has led to curricula that have lost flexibility we need to be intensive and comprehensive in focus. It has led to the proliferation of courses and the our J.D. program and at the same time advance the splintering of concepts. It exacerbates the move toward profession through scholarship and post-J.D. education. specialization and makes it harder to create what our law school should produce: generalists who can construct We have a beautiful environment in which to do our work, bridges between specialists. and it will be even better with the addition to Gund Hall. Our alumni base, now national in scope, is steadily Yet if there is one characteristic that underlies curricular gaining power and influence in the profession. Our staff changes at our law school, it is a movement to break out has grown to support a broader and richer mission. We of the boxes. We have seen this in our professionalism have all the excitement and opportunities of being in a program, which successfully integrated professional renaissance city. responsibility problems throughout the first-year curricu­ lum and created a comprehensive focus on professional­ We could, 1 guess, declare victory and take a rest. But ism. We have seen legal research leap the bounds of the with all of our resources comes a special responsibility. first-year program and make its way into significant Not ail law schools are as fortunate as we are. Some are portions of the upper-class curriculum. We have designed retrenching; some are hopelessly torn by internal warfare; our growing international programs around a comprehen­ others are rudderless. We have a special responsibility to sive, integrated theory of transnational methodology that rethink legal education precisely because we may be one is also beginning to inform many courses outside the of the few schools in a position to do so effectively. traditional international curriculum. That thought naturally brings me to the subject of The entire movement toward interdisciplinary studies is change. In my years as dean 1 have been primarily an attempt to break out of the box that would separate concerned with the growth of the law school—building law from allied disciplines. On this front our faculty have our endowments, expanding our physical space, adding been especially aggressive. Our course in Russia/U.S. to our faculty and staff, building our reputation, and Business Planning was team-taught by legal and business strengthening our alumni community. Now 1 expect that experts. Next year. Professor Dent will co-teach his my role will evolve from being an agent of growth to being Mergers and Acquisition course with a professor of an agent of change. That is, all the building that we have finance from the Weatherhead School of Management. done has not been an end in itself, but a means to the 1 could cite many other examples of ingenious interdisci­ improvement of legal education. We must now see how plinary teaching. we can use our resources to meet the demands of a changing profession. But even more significant box-breaking may be in store. This year four teachers—Chris Corcos, Mel Durchslag, It is the faculty who must be the agents of change; Andy Morriss, and Wendy Wagner—have crafted a curricular development and educational reform are their splendid new course that will give us new experience in domain. Fortunately, among our many assets is a faculty transcending boundaries. Its official title is Selected that wants to think seriously about how to keep our Problems in Environmental Law and Policy. It is a six- curriculum vital and progressive in a changing world. credit, two-semester megacourse that combines environ­ Over and over, we have seen the ingenuity of our faculty mental law, state and local government law, translated into real advances in legal education. This fall administrative law, international law, and legal research. It initiating a formal planning process to assess the will allow students to view the world from all of the additional change that may be necessary and to sculpt perspectives that a practitioner must have in order to new processes to manage it. address environmental problems for a client. It is a welcome example of how faculty can work together to Although it is premature to predict where that assess- transcend disciplines, learn from each other, and create ^ overarching theme is emerging and better courses for our students. wi 1 likely influence our future deliberations. And that orings me to boxes. And 1 think this is just the beginning.

— Peter M. Gerhart

September 1994 Commencement 1994

Two things were different about this The following graduates—the top 10 Elected to the Order of Barristers, a year’s Commencement Day; (1) it did percent of the class—were elected to national honor society recognizing not rain, and (2) the law school’s the Order of the Coif; excellence in advocacy, were; diploma exercises, held following the Bruce P. Batista Hugh D. Berkson university ceremony, were not at Keith Colton Lisa Coates Severance Hall, but at the landmark Bradley S. Corsello Keith Colton synagogue on Ansel Road known Cathryn C. Dakin Mark J. A. Demian simply as The Temple. Bradley 1. Dallet Melissa Doll Rebecca Frank Dallet Amanda M. Seewald There were 176 J.D. graduates in May Lisa Ruthann Duffett Nedra Shannon Shurbet 1994, and 8 LL.M. recipients. Joining Julie Erin Ginsberg Martha A. Stevens them for the ceremony were 15 Mark Griffin Seth Wolf January grads (14 J.D., one LL.M.) John Alan Hnat and 8 from August 1993 (6 J.D., 2 Kathleen D. Huryn Most winners of individual awards LL.M.). Of the year’s LL.M. recipients, Daran P. Kiefer and prizes are pictured on the pages three were from the taxation Eric E. Kinder following. Not pictured, however, are program. The rest were foreign Arthur H. Lundberg winners of the Sidney H. Moss Award lawyers—representing Canada, Lisa Marie Ruda in Evidence; Gregory Bays, Thomas Thailand, Russia, Papua New Guinea, Michelle R. Slack Cunniff, Jeffrey Kalinowski, and Eric Japan, Latvia, Indonesia, and the Mitchell S. Thompson Kinder. Czech Republic—who came to CWRU Lisa Lee Waltz for the LL.M. in U.S. Legal Studies. Lizbeth L. Wright The law school’s principal speaker was Bonnie Erbe, legal affairs correspondent for the Mutual/NBC Radio Networks. The Class of 1994 named Charles J. Kerester the Teacher of the Year; Kerester was the founding administrative director of the taxation LL.M. program. Beverly J. Coates, department assistant to the RAW (Research, Advocacy, and Writing) program, won the award now known as the Dennis J. Jenks Administrator of the Year.

I '»■ 4^ . •

Trevor Guy’s Dixieland Band leads the law graduates across Euclid Avenue. Carrying the flag is Thomas Swafford ’ president of the Student Bar Associatio

Case Western Reserve University School of Law The Class of 1994 commemorated this Year of Construction by donning hard hats.

Teacher of the Year: Professor Charles J. Kerester.

Gund Hall, where destruction/con­ struction began in earnest the minute exams were finished, was in no condition for a party. After the ceremonies, graduates and their families repaired to a festive tent.

Beverly Coates, the Dennis Jenks Administrator of the Year, is with Gregory Yakaboski.

Margaret Amer and Mark Griffin Profs Henry King, were winners of the Paul J. Erik Jensen, and Peter danger. Hergenroeder Award in Trial Black-and-white photo reproduction does not do Tactics. Griffin also won the justice to the resplendent gloriousness of the law Society of Benchers Award, faculty on this occasion. Think RED. “Cum Studiis turn Moribus Principes."

The Class of 1994 named Shelley Tregor its Steven Virgil (left) is the 1994 recipient of the Saul S. Biskind Student of the Year. Fellowship in Public Interest Law. With him: Dean Peter Gerhart, Eve Biskind Klothen (who presented the award named in honor of her father, a 1931 CWRU law graduate), and Rosalind (Mrs. Saul) Biskind.

September 1994 The award presented by the International Academy of Trial Lawyers to “the outstanding student in the trial advocacy program ” went to Mark Demian.

Kristen Stamile (left) won the Banks- Baldwin Award for excellence in the clinical program. Lisa Ruda, in 1993, won the Theodore T. Sindell Award in tort law. In 1993 Charrise Fraccascia won the Stanley I and Hope S. Adelstein Award in environmental law; in 1994 she won the Theodore T Sindell Award in tort law.

Diane Hughes was the In 1993 Cathryn Dakin’s essay on tort 1994 winner of the Stanley I. law won her second place in the and Hope S. Adelstein Award Theodore T. Sindell competition. in environmental law.

Marc Beckman was runner-up for the Banks-Baldwin Clinical Program Award.

Rhonda Smith won the John Wragg Kellogg Award as the minority student with highest academic achievement at the end of the^ first year.

Mary-Beth Moylan (right) won two awards: the Martin Luther King (given by classmates) and the award given by the National Association of Women Lawyers to “a woman graduate who has achieved academic distinction and promises contribution to society and to the profession. ” With her are—you guessed it—her sister (Amy) and mother (Elisa).

Case Western Reserve University School of Law Winners in 1993 of the Arthur E. Petersilge Award in wills and trusts were Leigh Carter (above), Keith Colton (who also won the Sherman S. Hollander Award Shapiro ’63 and grandson of Helen Shapiro, in real estate law), and—not pictured here -James a 1927graduate of Western Reserve’s Piotrowski and Helena Rubinstein (’95). Mather College.

Brothers Lee (’94) and Jeff (’90) Trepeck.

The Harry A. and Sarah Blachman Award is given “to the student who prepares the best essay on improving the local, state, or national government. ’’ Carol Garner was the 1994 winner. She is with her husband, Robert Williams, and their children—Colin, Meredith, and Chloe.

September 1994 Topping Off

by Daniel T. Clancy ’62 New Endowments Associate Dean for External Affairs Here are just a few of the campaign’s last-minute t the time of the May In Brief we were holding our highlights. collective breath: Would our law school make its $25 million campaign goal? Judge Harry Jaffe ’33 gave us $10,000 for an endowment A and then created an annuity that eventually will augment YES! More than $3 million came in during the final months that fund. Robert C. Weber ’56 created an endowment of the campaign. The unofficial attainment figure is that will provide student financial assistance, with $27,173,415. preference to be given to graduates of Kent State Univer­ sity. The new Mary and Moses R. Dickey Endowment Fund will provide scholarships to (preferably) gradu­ ates of Lake Erie College. Perhaps the best news of all is the funding of our eleventh named professorship, the Arthur E. Peter- silge Chair. Arthur E. Petersilge ’27 had a successful legal career in Cleveland for many years, mainly practicing civil and corporate law—though his most famous case was the 1954 murder trial of Dr. Sam Sheppard (he was one of Sheppard’s lawyers). He and his wife Gladys (a graduate of Western Reserve’s Flora Stone Mather College) were generous to the university throughout their lives. Two experienced climbers and one terrified novice scaled the heights of the new addition When Arthur died in 1977, his will to plant the law school flag. Left to right: Rich Jordan of the Simms Steel Company: George provided for an endowment fund at Kason, project superintendent of the Emerson construction company; and Associate Dean the law school. Gladys later created Dan Clancy. the Arthur E. Petersilge Award Fund, which supports prizes to the top student in each section of Wills and The campaign’s all-alumni phase, which we named Trusts, and she continued to be vitally interested both in Building for a Better Profession, has been a great success. the law school and in the undergraduate college. She had 6 As this issue goes to print we have 55 names to inscribe told us long ago that she hoped one day to endow a law on the plaque in the new Centennial Student Lounge, 115 school professorship, and her bequest—more than $2 named bricks on order for the Alumni Courtyard, and 60 million—was clearly sufficient for that purpose. names that will go on different plaques in the student offices. The Alumni Courtyard bricks may continue to be available, but we particularly thank the charter sponsors!

And while we were topping off the campaign, we were topping off the building addition. That last highest steel beam was set in place early in the summer. Though the hard winter set the work behind, the determined con­ struction crews are finishing almost on schedule. At this writing, the Moot Courtroom and the student offfces are expected to be ready by the beginning of the fall semester, and classrooms should be ready by October 1. Meanwhile workmen were busy in the main building. If you visited us during the summer, you saw Gund Hall as a disaster area. By the time you read this, we will have cleaned up the mess and we’ll be enjoying such amenities as an expanded computer lab, a redesigned library circulation area, and—perhaps the best news of all—a completely renovated mechanical system. The days of “Disaster area” is an understatement. Yes, this is the library’s freezing/roasting classrooms should be over. former circulation desk.

Case Western Reserve University School of Law Focus on Phoenix

by Kerstin Ekfelt Trawick He remembers the law school of the “the lack of open disclosure and 1950s as an exciting place: “The discovery—we have to fight for When word got out that In Brief was remarkable thing was that the school everything we get.” He notes that planning a Focus on Phoenix, the gave you the opportunity to think “the criminal defense bar is becom­ reaction in some quarters was shock for yourself and express your own ing quasi-public. Most people just and disbelief: Are there REALLY views; there was hardly a professor don’t have the resources to defend enough CWRU law graduates in who had a static idea of what the law themselves adequately. So they’re Arizona to be worth noticing? should be.” He was in the first law- represented by a public defender medicine class (“Ollie Schroeder was or assigned counsel who all too The answer is yes. Nearly 40 alumni a young Turk then”) and watched an often has a large caseload and live in Phoenix and Maricopa County, autopsy “at a godawful early hour— cannot provide adequate repre­ most of them actively engaged in the people kept disappearing!” He sentation. Only two percent of the law. Three Superior Court judges are remembers that Professor Robert criminal work goes to private CWRU graduates: Ruth Harris Hilliard Bensing always kept an eye on the lawyers like myself.” 77, Robert Hertzberg ’64, and William receiving entrance of the newly Schafer III ’57. (A fourth is a former constructed Coroner’s Office next Finally, there’s “the politicalization of faculty member, Joseph Howe.) Charles door and would stop class to the criminal law—the only field of Stevens ’58 is a former president of the announce, “Another deposit today!” law, other than tort reform, that county bar association; Allen Bickart politicians get excited about. We’re ’56 is perhaps the city’s preeminent After law school, Bickart stayed in polarizing the criminal justice criminal defense attorney. Cleveland and practiced law with the system. I recently argued to a jury firm of Diehm & Farber. (Lester that three-strikes-and-you’re-out is a So filling a March day with interviews Farber ’31 was his uncle.) “It was racist law: it’s designed for the inner was no problem: the problem was not strictly civil work, but Judge Matia— city. It’s not that I’m a bleeding having a second day in Phoenix—and now deceased, the father of my heart—I believe in law and order. But maybe a third day to spend in Tucson. classmate David—appointed me to locking everybody away for life is not two or three criminal cases. That’s the solution to our societal problems. how I got interested in criminal law.” The violent crime we see is an effect, Allen B. Bickart ’56 not a cause; and until we treat the In 1959 he decided to move back to cause, we’ll have the effect.” Arizona. “What prompted me, more than anything else, was a survey Bickart shares an office with five done by the Cuyahoga County Bar other attorneys, all “former prose­ Association that showed the high cutors who have seen the light.” ratio of lawyers to population in It is not a partnership: “the space­ Northeast Ohio, and the fact that the sharing is good from an economic peak earning years were age 55 to 65. point of view—and especially for the I was only 26! In Arizona there was exchange of ideas.” Occasionally just one lawyer for every 1,500 people. Bickart gets a colleague’s assistance It was one of the few places where with research, or to second-chair a you could do what I did—open my large case, but essentially he is a own office the day I was sworn in.” solo practitioner: “When someone engages your services, they want For many years Bickart’s practice has YOU.” Most of his clientele, he says, been limited to criminal defense. You comes by word-of-mouth referral; could say that he and the law have newspaper or TV publicity has less grown up together. “Back when I effect than you might think. And he started, we were at square one. There has a certain amount of repeat had been no Escobedo v. Illinois, no business—“families like Rumpole’s When Allen Bickart’s father developed Mapp V. Ohio, no Miranda v. Arizona. Timsons, incorrigible criminals arthritis in the mid-1940s, he moved We could make law, be creative. And who just keep coming, generation the family from Cleveland to Phoenix. the Warren Court listened. It was a after generation.” Allen spent his high school years in glowing beacon for the criminal Phoenix, then returned to Cleveland defense bar—the protections of the About 40 percent of Bickart’s practice to enroll in Western Reserve Univer­ Fourth Amendment, the right to is federal, he says, “and of course sity’s Adeibert College. When he counsel, all the fundamental rights of one federal case can quickly become graduated in January 1954, he had a defendants. Now the pendulum is 100 percent.” He prefers the federal choice of law schools but elected swinging the other way, of course, work: “the cases are much more Western Reserve because he could but that doesn’t disturb me a great interesting—drug conspiracies, begin at midyear: “The Korean War deal. It still boils down—hopefully— money laundering, securities viola­ yas going on, and I needed to be to a search for the truth.” tions—and I like the more controlled, •n school.” formal environment; maybe I’m a Other trends do disturb him. He throwback.” He travels a lot, and has mentions “the odious mandatory found that “essentially it’s the same sentences.” In federal procedure, it’s all over—with the exception of Texas, which is a world unto itself.”

September 1994 Some of the travel is international, Setting forth to and in recent years Bickart has visit Phoenix, become actively interested in the Albuquerque, International Bar Association. He and San Diego, remarks that “the world is getting Stevens found smaller not only in terms of trade, himself seated but also in terms of criminal law— on the airplane prisoner exchanges, extradition, and next to a so on. Extradition is perhaps the gentleman who trickiest issue of all—did you know introduced that Bruno Ristau [’58] and his himself as Barry partner, Michael Abbell, are probably Goldwater. In the country’s leading experts on 1958 that was international extradition?” almost an unknown name, Bickart hopes that one day the law but Stevens school’s International Law Center recognized it: he will have a criminal law component. had recently He says: “It wouldn’t be hard to read something about Estes Kefau- “Neither of us is cut out to adminis­ implement. I’d be happy to help. So ver’s Senate Rackets Committee, of ter a law firm,” says Stevens. “We would Bruno.” which Goldwater was a junior don’t want headaches.”) member. As Stevens tells the story, “He asked me what 1 was going to do By 1970, Stevens was a major player Charles T. Stevens ’58 in Phoenix, and 1 told him the whole in the legal community. He was a Stevens & Leibow story. He started pulling charts and special assistant attorney general, graphs out of his briefcase. He was a legal counsel to the Arizona Medical Charlie Stevens told In Brief: “1 was traveling salesman for Arizona! One Board, legislative counsel to the City born in Cleveiand, raised in Cleve­ of his charts showed more boats per of Phoenix. He represented the land, and 1 never went outside the capita in Maricopa County than any Arizona Judges Association as legal city limits until 1 was a sophomore in other place in the U.S. That was and legislative counsel. In 1973 he high school and went with the impressive to a fisherman!” Even was president of the Maricopa basketball team to Canton.” His more impressive was the chart County Bar Association. athletic prowess helped him win a showing the rate of population scholarship to Ohio Wesleyan, where growth. Finally, the Senator gave him One of the judges that Stevens was he graduated in 1953. After a military the names of six persons to call. representing was a former state stint in Korea, he entered the law senate majority leader, a woman school: “1 had always wanted to go to named Sandra Day O’Connor. It was law school, but without the G.l. bill 1 One was a judge of the Superior Court, Larry Henderson, who hired she who recommended him to the wouldn’t have made it.” He finished Stevens as his law clerk. When the mayor of Phoenix and thus launched in two and a haif years. clerkship ended, Stevens was invited him as a lobbyist. Stevens says: “1 to join the practice of an older started what 1 thought was lobbying in 1963, representing the medical His parents were Greek immigrants: attorney who “had terrible ulcers and the family name was Tsoukalas, and wanted to get out of trial work.” board. I filed some bills, and 1 that was Charlie’s name when he Although Stevens says he “butchered” thought 1 was carrying the ball.” He I his first trial, he won that case with a says he became a real lobbyist only began law practice in Cleveland. He after a disastrous first year represent- i expected that clients would flock to record high verdict and was launched him: after all, he had been a famous upon a successful career as a trial ing Phoenix—“The legislators killed attorney. One notable client was me, just wiped me out. 1 said to the j high school athlete! When, despite mayor: ‘If you want to succeed at the | his famous name, only two small Sherry Finkbein, whose case made 8 matters came through the door in the national news. (Mrs. Finkbein, while legislature, here is a structure and a ] first eight months, he decided to join pregnant, had taken Thalidomide; she plan, and I’ll do it for you if you’re j the Anglo mainstream as Charles T. had a hospital board’s approval for serious.’” Stevens represented the , Stevens (after his father, Steven). (He an abortion—illegal in those days— city three more years, then “figured j thought iater: it should have been until the zealous county attorney got out that there was more money in ‘ Stevenson.) wind of the story.) private lobbying.” Nowadays his client list includes Dun & Bradstreet, Beginning while he was in law school, When his law partner became a judge the State Bar of Arizona, and six his mother had a series of strokes. in 1962, Stevens inherited the prac­ major oil companies. The physicians at the Cleveland Clinic tice and began scouting for a new ' thought a warmer climate might help partner: “1 went through the book of As the 1970s wore on, Stevens was her. (Or else, Stevens now speculates, lawyers in the county and found tiring of trial work—“it can be hard, they just wanted to get rid of that three thkt 1 thought 1 couid practice and very demanding.” Around 1977 son of hers who questioned their with. My first choice was Bill the presiding judge inaugurated a treatment plans and generally made a Rehnquist; we had tried a number of fast-track system: firm trial dates, no i pest oT himself.) It was decided that cases together, because 1 represented continuances, and a cadre of pro tern the entire family would move to the the Arizona Medical Board and he judges (the first group included Southwest: Steven Tsoukalas told his represented Blue Cross/Blue Shield.” Stevens) to staff the process. Stevens son to pick the spot. It turned out that Stevens got his decided at that point to give up the third choice, which perhaps was just personal injury cases and limit his 1 as well: Stevens & Leibow have been trial work to probate and divorce. I together now for more than 30 years. “Then in 1985 another presiding 1 (They are still a two-man firm. judge decided to put divorce trials on

Case Western Reserve University School of Law the fast track. So I stopped handling Johnson’s story of how he happened He has worked particularly hard to divorces.” He told In Brief: “1 still to choose Phoenix begins with the develop the Gilbert practice: “1 just represent the First Interstate Bank’s fact that the swimsuit issue of Sports went in there and hung up a shingle trust department: my partner and 1 Illustrated in January 1967 featured and began to make myself known in do all their litigation.” But increas­ Scottsdale as backdrop. When he the community. 1 thought 1 could ingly he concentrates on lobbying. mentioned to Dean Louis Toepfer make a contribution there.” that he was thinking of going to A recent laudatory profile in the Arizona at spring break to enjoy the In the beginning Johnson took Arizona Republic made the point sunshine and perhaps do a little “whatever walked through the door.” that even people who on principle interviewing, Toepfer gave his name As soon as he could, he declined detest lobbyists like and trust to an old Harvard friend who criminal cases—“1 didn’t sleep well Charlie Stevens. As for Stevens; “1 promptly offered Johnson a base for when 1 had a criminal case under love lobbying, just love it. It is so the week in his law office and set up way”—and nowadays he handles few easy for me, so natural. One thing a complete itinerary of interviews for divorces. “But I’m still a generalist,” 1 love: we start in January, and in him. One of those contacts gave him he says. “1 do wills, any kind of real April 1 can close all the files and an introduction to Lorna Lockwood, estate, a fair amount of personal throw them away. Next year we start then the chief justice of the Arizona injury, a little bit of medical malprac­ from scratch.” Supreme Court, who interviewed tice. If 1 have any sort of subspecialty, Johnson and, a day or two later, it’s employment litigation. This is one offered him a clerkship. of the iast places where you can get Rodney G. Johnson ’67 away with pursuing a general Even as a child (in Fairborn, Ohio) After some 30 years Johnson is still a practice.” With a laugh: “1 don’t think Rod Johnson intended to become a little dazed as he tells the tale: “Can I’m very good at anything.” lawyer. At Ohio State, his faculty you imagine? I’m a stranger in town, 1 adviser in political science particu­ have no political connections, and 1 Two employment cases were on his larly recommended the Western walk into the chambers of the state’s mind when In Brief visited. “I’m Reserve law school; when WRU chief justice and I’m offered a job!” representing a former chief of police accepted him, says Johnson, he Since then, Johnson has done his who was on a three-year contract and simply forgot about his other law best to befriend others in turn; many was doing just fine until he began school applications. of the younger CWRU law graduates investigating political corruption in in Phoenix have the town. Some members of the city had his help council decided he had to go, and in getting when the city manager refused to fire established. him, they put in a new city manager who did what they wanted. So we’ve During his filed suit; as a violation of public clerkship year policy the case fits within one of the Johnson caught narrow exceptions to employment at the eye of the will in this state.” state’s attorney general. “He Another was an age discrimination hired me to join claim: “My client was 47 when he was the Highway separated from his job; he was a very Department staff. productive store manager for a The state was nationwide retailer.” Johnson’s tone acquiring a lot of becomes a little grimmer; “It’s not my land to build first go-round with this retailer.” highways and complete the Johnson confesses to “some unful­ The iaw school more than satisfied interstate system, and the Highway filled ambitions that I’m going to his expectations. “1 have nothing but Department was the litigation section fulfill one of these days.” One: “I’ve fond memories,” he told In Brief. of the AG’s office. That’s where 1 always wanted to spend a year or “Those three years were the best of learned to try cases. It was great. two in Washington, perhaps with a my young life.” He particularly We were all over the state, in one member of Congress or a trade remembers “the sense of collegial little town after another, and every­ association.” Another; “I’d really involvement among faculty and one would come to see the trials. like to teach the law. Pretty soon I students: for instance, about a month We called ourselves the Traveling will have had 30 years of practice, into our first semester we thought Trial Show.” and I think I could do a pretty good we’d have a party and invite our job of teaching civil procedure, or instructors. We did, and they came.” After a year and a half of show biz, evidence, or trial tactics. I have Johnson’s enthusiasm for his alma Johnson was ready for private law enough war stories!” mater extends even to the old law practice. He joined forces with two building. Though other alumni of the other attorneys in a partnership that mid-1960s may remember a decrepit lasted about five years. Since then he structure that (in the immortal words has been in and out of other coopera­ of Ollie Schroeder) was held together tive arrangements, but he says he I ^/-°'^kroaches clasping hands, has always been “essentially a sole ohnson says: “That old building had practitioner.” He maintains three so much charmr offices—one in Phoenix, where he generally spends three days a week, and others in Scottsdale and Gilbert.

September 1994 Mainly, she says, in law school she In September 1990 she decided to go Joanne Landfair ’74 learned “the basic way of learning— it alone. It was not a wildly risky venture: “I had about fifteen juvenile Joanne Landfair’s childhood was the process of studying, researching information. Those are the skills that cases (dependency cases). And 1 had divided between Maryland and my city court contract, handling Florida. She spent her undergraduate have counted. Sometimes I wish 1 had taken a trial tactics course, but I’m a misdemeanor criminal defense. years at Gettysburg College, majoring Basically you’re in court several days in sociology and anthropology and firm believer that you get the prac­ tical skills once you’re out.” a week, taking whatever you are intending to become a social worker. assigned. And 1 was in juvenile court A senior-year internship convinced When she finished law school, about every third weekend, serving her that “this was not for me; what as a pro tern judge; the court sched­ the caseworkers were doing was Landfair—like many women—did not immediately put her foot on a career ules initial appearances every day of referring people to services, includ­ the week, with part-timers doing the ing legal services, and I wanted a ladder and begin a steady, purposeful more tangible skill to offer—I wanted ascent. Between 1974 and 1983 she weekend calendar. held jobs in Washington, Cincinnati, to provide the services.” She thought “After a while I gave up the city court of graduate work in child psychology and Tucson; experienced a marriage and a divorce; and spent some years contract so 1 could pro tern in city and decided, instead, on law school. court. And I also have a probate A college counselor recommended as a full-time mother. Let’s pick up the story in 1983, when her part-time contract, to represent the proposed CWRU, and an attractive financial aid ward if someone is seeking guardian­ package clinched the deal. work with the Maricopa County Attorney’s Office ship; so I visit a lot of nursing homes mushroomed and hospitals. And there are special into a full-time appointments, including some in job. federal court. I like the bank rob­ beries best! Right now I have a “I had never federal habeas corpus case, a death imagined myself penalty case.” in a prosecutor’s office,” she says. Hers, she says, is “a quasi-private “1 started there practice.” The private side of it is in research, then mainly criminal defense and family moved into the law matters (such as adoptions). The juvenile unit, criminal defense work, she says, which I really includes “a lot of sexual offenses, enjoyed. I spent child molestation charges. Many about two and a attorneys don’t want to deal with half years there, that, but I don’t have a problem with and then 1 those cases. I’m getting more and decided I wanted more referrals.” The public side she to do jury trials. finds equally gratifying. “In a lot of (Here our juve­ places, an assigned counsel is paid a nile trials are all small lump sum. One reason Mari- ‘ to the bench.) So copa County does so well for indigent I moved down­ clients is that here you get an hourly town, first into the traffic unit and rate. The rate goes down after 80 She almost dropped out in the first hours, but still, you’re not really semester. “1 had never had to study then into one of the trial groups. (There are specialty units like major penalized for putting time into a case. before, and 1 really didn’t know how. 1 You do whatever is needed.” wanted to quit, but I would have had felonies, organized crime; everything to pay back the scholarship, so it was else is divided geographically among four trial groups.)” She says: “I’m very content with my preferable to flunk out.” She did not practice. 1 like being in different . flunk out, however, and in fact she In January 1989 Landfair entered areas, moving around physically. steadily brought her grades up. “I Basically I have a criminal practice think 1 was eleventh in the class,” she private practice with a small sub­ urban firm. “It was a general practice and a juvenile practice. 1 limit it on told In Brief. “If only I had had a purpose, because it’s impossible to fourth year!” firm—bankruptcy, personal injury, criminal, domestic relations. 1 stay up in more than one or two areas, but I have enough variety. Not surprisingly, given her back­ learned that I don’t like bankruptcy, and I really don’t like domestic My work in juvenile court has ground, she elected such courses as blended law with my longtime Family Law (“1 still remember some relations. P.I. I wouldn’t mind, if I had a support staff.” interest in child psychology. Really, j things about common law mar­ a lot of it comes down to psychology riages”) and The History of the and social work.” American Family, both with Professor Hugh Ross. And she took a course in the School of Applied Social Sciences. “1 was not interested in corporate law,” she says, “and I really didn’t think about criminal law.”

Case Western Reserve University School of Law Ruth Harris Hilliard ’77 Her first “permanent” job lasted only a few months: she left when the Maricopa County firm’s senior partner was arrested. Superior Court She had better luck with Johnson, Ruth Harris Hilliard is a twice- Tucker & Jessen, where she stayed transplanted New Englander. She about five years. No longer in grew up just outside Boston and at­ existence, it was “a tremendous firm” tended Connecticut College, where of some ten lawyers. “I had the she majored in psychology. Then for opportunity to do as much litigation three years she was a civilian em­ as 1 wanted. I had all kinds of cases— ployee in a U.S. Navy research lab, wrongful death, personal injury, applying her psychology background medical malpractice—and I handled to the design of equipment. The Navy, them by myself. It was a wonderful she says with a certain ironic tone, background in trying cases.” was an “interesting” place for one who had protested the Vietnam War. That firm usually represented defendants, and Hilliard wanted more Hilliard says she was much influ­ experience on the plaintiffs’ side. enced by the women’s movement of “I went to another firm, and that the 1970s. She helped to organize a didn’t work out, and then I went off women’s rights group at the Navy on my own, briefly. Then I did some research lab: “We tried to get women work as a pro tern commissioner and in low-paying jobs retrained and a pro tern judge, and I found that 1 domestic relations,” Hilliard told us, rerouted on career paths that had loved the bench. So I applied to be a “and you can choose assignment to some potential, and we had consider­ full-time court commissioner." She the juvenile division. I began doing able success.” It was mainly women’s was appointed in November 1984 and civil cases, then domestic relations, issues, she says, that interested her began work in January. and now criminal. Usually you stay in law school. two years, but 1 stayed an extra year She explains: “The commissioner is a on domestic relations, and this is my Having no desire to remain in New judicial officer, not constitutionally third year on criminal. I like the rota­ England, she studied the various mandated, who serves at the plea­ tion: it’s healthy to have a change, guides to law schools and, in the end, sure of the appointing judge and and I like to keep my hand in all decided on Case Western Reserve. handles uncontested matters like the areas.” She says of it; “My recollections of civil defaults, divorces, criminal law school are not the memories I arraignments. You also serve as a Is she happy in her work? “I can’t cherish most. It was an experience I pro tern judge, handling contested believe they pay me to do this. It’s had to get through. But certainly I matters as well. You work for all the the best job I’ve ever had, but ‘job’ learned skills and techniques that different departments, and we had a isn’t the right word for it. To be in a have served me well—including basic month hearing trials. For some position to evaluate the law, to make survival skills. reason, I had two or three months rulings that may become new law, to of trials, and 1 loved it. As soon have an impact on people’s lives, to “I was on the National Moot Court as there was an opening on the be fair— It’s a responsibility, and an Team; that was a terrific experience. Superior Court, I applied, and luckily immense challenge. I feel privileged I liked Austin’s classes a lot, and I was appointed.” to be in this position.” Shanker was excellent in his analyti­ cal skills. 1 certainly learned some­ (Under a modified Missouri plan, a She notes that her career might have thing from Ollie Schroeder’s commission screens applications for been different in another city: “In insistence on looking at ‘the big a judgeship, interviews candidates, Phoenix there’s no old establishment, picture’: 1 can still hear his voice!” then presents three names to the to speak of. You can break into the state’s governor, who selects one of legal community and be accepted As do all law students, she found them for appointment. Every four and established fairly quickly. I some areas of the law that she liked years the judge goes on the ballot, could get appointed to the bench (“I knew I was interested in trial and the electorate decides whether even though I came in from the work”), and she ruled out others. to retain on the bench or dismiss.) outside.” She regrets that the city’s Asked which areas she had ruled out, legal world is “a little more cutthroat she laughed: “I ruled out criminal law We asked Hilliard whether it had than it used to be: once lawyers and family law.” See below. been difficult to make the adjustment could do everything with a hand­ from advocate-in-the-trenches to shake, and that’s not true any more.” After law school, Hilliard left Cleve­ judge-above-the-fray. She said: “I was But Phoenix is still “a comfortable land to seek her fortune in Phoenix. lucky to have the intermediate step place to practice.” She is still grateful to Rodney of being a court commissioner. That Johnson (above) for giving her work gave me a chance to slowly divorce We asked Hilliard whether she had that tided her over the summer. “I myself from the advocate position, thought about a next career move. did an appellate brief for him,” she and focus on becoming the decider She said: “I’ve certainly thought ®ays, “and put my moot court experi­ rather than the arguer. And it has about the possibility of moving up ence to work right away.” (Johnson is become easier.” to the appellate bench, but I’ve also grateful to Hilliard; as he tells decided I don’t want to do that.” he story, “she saved my bacon.”) Judges of the Superior Court rotate Federal court? “That would be a from one section to another. “The dream, but I have no political con­ standard rotation is civil/criminal/ nections. It’s just not realistic. I think I’ll stay right here.”

September 1994 He says, “1 took Criminal Procedure senting the Appie Computer Com­ Daniel C. Barr ’85 wondering, ‘What in the world do 1 pany in an insurance case concerning Brown & Bain need this for?’ But now 1 wind up coverage over a 1989 lawsuit filed intervening in a lot of high-profile against Apple by Apple Corps Dan Barr’s father practices law in (holding company for the Beatles). New York with Cravath, Swaine & criminal cases trying to get access— get a camera in the courtroom, get Under a 1981 agreement with Apple Moore, and to Dan it seemed natural Corps, Apple Computer could use the to gravitate toward the iegal profes­ copies of the search warrant apple logo except on machines sion. He majored in history at papers—and 1 really do use my knowledge of those rules.” dedicated to making music. “No one Hamilton College, finished there in foresaw, in 1981, that a few years 1978, and decided to take a break later—attached to a synthesizer and before starting law school. “1 thought In his first week at Brown & Bain, a libel case came in: “The Arizona using third-party software—comput­ it would be fun to work on a newspa­ ers would be making music!” per,” he told In Brief, “though 1 had Republic was being sued in Los Angeles by a couple of strike force never in my life written a news He said: “The technoiogy is changing story.” He applied to newspapers all prosecutors. The case started in the so quickly. My practice is merging in over the country, and he was hired state courts, was bounced from judge to judge, was removed to federal with peopie doing high tech and by the Arizona Republic. court, was up to the Court of Appeals utilities practices and the like. and back down again. It’s finally Everybody talks about the informa­ When he ended his reporting career tion superhighway, but no one knows in 1982 and headed for law school, he going to trial in August. That case that that means and exactly where thought he was leaving Phoenix for has been here my entire career, and I’ve gone from being low man on the it’s going. In this, even more than good. He spent one law school most areas, the law drags behind summer in Chicago, and he sent totem pole to being in charge of the trial. It has to do with an article technology. For instance, what sort of written in 1984—ten years ago! The constitutional protection is there for reporter left the paper in 1986. Two interactive video? Do we use the of my witnesses who were lawyers newspaper modei? The broadcast then are judges now.” model? Is there a cable TV model? Is a cable system more like a newspa­ The firm has all sorts of media per that selects which information it clients—newspapers, book publish­ will disseminate? Or is it like a ■ ers, television stations, cable televi­ telephone system that conveys sion systems, and so on. It also information without selecting j represents the First Amendment anything? Is the distinction between | Coalition, an Arizona organization print and broadcast still meaningful i that combines newspaper publishers, when deciding the extent to which broadcasters, cable TV companies, government may regulate either and individual journalists. “The medium? We have been operating on coalition pays us a retainer,” explains the old assumption that the broad­ Barr, “and then we give ‘free’ advice cast medium is a scarce commodity, to any reporter or editor who calls but that’s no longer true.” us.” Barr is used to taking phone calls at all hours and in odd places. He continued: “1 spoke to a group last “A newspaper’s request for prepubli­ week about school districts joining cation review of an article can’t wait the Internet and other computer net- . till the next morning.” works. Someone said to me, ‘This is i something the schools have to do— | Brown & Bain is a big law firm, the kids have to be prepared to live ! especially by Phoenix standards. in the 21st century.’ But teachers are ‘ frightened out of their minds: how of Arizona; when he graduated, he Bruce Babbitt is a former partner. “We do much more business out of can they censor the bulletin boards? joined Brown & Bain. town than most firms do,” Barr told They think they’ll have angry parents shouting about all the pornography In Brief “I’ve had several cases in Now a partner in the firm, this former the kids are getting access to. It’s the journalist practices mainly media law California. [The firm has an office in high-tech version of debating and is the head of the media depart­ Palo Alto.] A few years ago 1 worked whether or not to take The Catcher in ment. It sounds like careful career on a major price-fixing case in planning, but he says: “1 sort of fell Chicago, and about ten of us just the Rye off the library sheif.” into it, because when 1 came back to lived there for several weeks. Within Phoenix, 1 knew a lot of people and the next few months 1 expect to be in they started to call me.” England, Australia, and Taiwan.”

From his own experience, he advises Barr’s tsravels in the law also take him law students not to select courses to the farther reaches of technology. acjcording to what they think their He talked with In Br/e/'about repre­ area of practice will be, because “you just don’t know what will be useful.”

Case Western Reserve University School of Law Kimberly Robinson one’s focus. I didn’t realize how much I would miss it. I missed being in a Fatica ’89 group of specialists, all learning from Steptoe & Johnson each other. And I missed the ongoing When Kim Robinson told her family relationships with clients: a lot of my in Circleville, Ohio, that she intended counseling practice went away.” to go to law school in Cleveland, they feared for her life: “My brothers She says: “When this position opened viewed Cleveland as the crime capital up, I knew it was a great opportunity. of the North. They bought me a gun!” Larry Katz—he’s THE labor guy in She continues: “I enjoyed law school, Arizona—had just come to Steptoe, as weird as that sounds. I liked being bringing a huge employment law a student, and I made good friends. 1 practice with him, and they were lived in Little Italy and loved it. 1 grew staffing associate positions.” What to love Cleveland—I spent a lot of made Steptoe especially attractive to time discovering the city.” Fatica was a reduced (80 percent) schedule. “I believe that SS&D would Intending to become a corporate have accommodated me if I had asked lawyer, she took Corporate Tax, for part time, but it would have been Business Planning, Securities. She an ad hoc arrangement. I like the fact happened to take Labor Law, with that Steptoe has an established Professor Sharpe, and she thought it policy, and it has the support of the about the Americans with Disabilities was a good idea to take Evidence, partnership. You can make partner Act and the Family Medical Leave “though I really wasn’t going to on a reduced-hour schedule, and it Act. I hope I can keep people awake litigate.” Then when she went to can be temporary or permanent.” right after lunch! It’s a nice oppor­ work for Squire, Sanders & Dempsey tunity for exposure for me; I still and was put through the firm’s Fatica is one of three associates in don’t have the sort of network I standard rotation, she decided to the office whose practice is exclu­ had in Cleveland.” choose the labor and employment sively in labor and employment. “I section “partly because it wouldn’t have a lot of employment-related Fatica has absolutely no regrets all be litigation.” Pause. “Now discrimination cases, always repre­ about her career moves. “I’m glad to litigation is what I do, and really it’s senting management. Perhaps 20 to be where I am. I really like to practice the most fun.” 30 percent of my time is counseling. law. It’s hard to find a place in the I’m surprised that I’ve gotten expo­ ’90s where people are optimistic, but As a business major at Ohio State, sure to some traditional labor that’s true in this office: people are she had focused on marketing and issues—union organizing, bargaining happy and enthusiastic. Steptoe human resources: employment law agreements: I didn’t do much of that opened here in 1987—the only other was not totally unknown territory. in Cleveland, except in the public branch office is in Moscow—and we And she was happy with her choice. sector, and I’m glad to be able to still feel that we’re part of creating The dozen or so attorneys in that expand my knowledge.” something. 1 feel really lucky every section were a collegial, supportive, day I come to work. I used to think and stimulating working group. She When In fine/'visited, Fatica was about doing something different, like says: “My big firm fears never came working on a speech she would government work. But now I really to fruition. I’ve realized that it’s not give that afternoon: “A big human want to make partner; I can see law big versus small—it’s the people you resources consulting firm is putting firm practice as my longterm goal.” work with.” on a daylong update on personnel law for their clients. I’m going to talk In the fall of 1991 her husband—they had married right after law school— decided on a radical change of careers: he would quit his job at a Cleveland bank, move to Phoenix, and open a catering/delicatessen business. Though it was “a scary An Important Notice high-risk venture,” Kimberly went along with the plan. The business About Alumni Address Records has been a great success. Among The Case Western Reserve University School of Law NEVER other steady clients of Capistrano’s makes alumni addresses and telephone numbers available Italian Deli are the Phoenix Cardi­ for general commercial purposes. nals—“which is great, because they However, we do share such information with other alumni eat a lot.” and often with current students, and we respond to tele­ Squire Sanders was quite willing to phone inquiries whenever the caller seems to have a transfer Kim Fatica to the firm’s legitimate purpose in locating a particular graduate. In Phoenix office, with an intervening general our policy is to be open and helpful, because we maternity leave. “I knew the Phoenix believe the benefits to everyone outweigh the risks. office would be different,” she says, and indeed there was “a bit of an If you want your own address records to be more severely adjustment.” The office had about 20 restricted, please put your request in writing to the attorneys, and no separate labor Associate Dean for External Affairs, Case Western Reserve fatica went into the commercial University School of Law, 11075 East Boulevard, Cleveland, •tigation section. “Some labor work Ohio 44106-7148. comes through there,” she told In r'e/; ‘but not enough to make that

September 1994 Connecting with China

by John Eastwood ’96 Asian export markets. But 1 also saw an opportunity for odern department stores, rebuilt nightclubs, my law school to establish preliminary contacts for and neon lights lined a street filled with exchange programs with Chinese law schools, as we have Volkswagens, Audis, and the occasional done with law schools in the former Soviet Union. Mercedes-Benz. As 1 walked down Nanjing Through the help of Professor Hiram Chodosh and Dean MRoad, it was hard to think of Shanghai as the birthplacePeter Gerhart, 1 was able to get a grant from the CWRU of the Chinese Communist movement. School of Law that went a long way toward getting me to the conference and establishing a foothold for our Just days before, 1 had been in the somewhat stuffier government center of Beijing for ICDI’94, the International programs. My bags packed with CWRU brochures and letters of introduction, 1 left for the airport straight from Conference on Development and Interaction of Economy, Science and Technology, and Law. Although the office my last final exam on May 6. buildings springing up around the capital are a portent of Although the turbulent breakup of Communism in Eastern things to come, market reforms there had seemed mostly Europe is not likely to be replicated in strongly agricul­ limited to stalls and small shops selling clothes and food. tural China, the rapidly industrializing Chinese economy 1 had almost gotten blase from all the surprises (cultural, is at a crossroads that may determine the future of more culinary, and otherwise). Perhaps it was seeing Shang­ than just the one-fourth of the world’s population living hai’s capitalistic explosion firsthand that drew together there. In response to concerns about China s future, the the experience for me, for here 1 could clearly see the China International Economy, Science and Technology, changes that both captivate and frighten the Chinese Law and Expertise Society (CIESTLES), the China Associa­ legal community. tion for Science and Technology (CAST) and the China Law Society held ICDI’94 to discuss the integrated study I had been invited by a member of the conference’s of economy, science and technology, and law. The academic committee who knew of my interest in the Pacific Rim and my past work as a journalist covering the conference ran from May 10 to May 13. “As we know, in the world, although development of economy, science and technology, and law in different countries and regions is different, the three disciplines are interacting in coordinated development,” said Zou Yu, president of both the China Law Society and CIESTLES, in his opening address at the Beijing New Century Hotel. Economic development necessarily calls for “an objective law proved by the history of human society,” said Zou. Just as Tang Dynasty laws interacted with the economy to promote the handicraft industry s development from slavery to a feudal era, Zou said, the progress of Western law and the development of the Western economy have been inextricably linked. Much of the discussion concerned the growing pains China and other developing nations have experienced. Behind John Eastwood is the Taihedian (Hall of Suprem^ Harmony) within the The development of new laws to Forbidden City. Eastwood notes that the price of admission was once instant death handle intellectual property and but has dropped to a mere 60 yuan. environmental concerns was of special interest to Chinese and foreigners alike, and practical examples abounded. A Chinese lawyer next to me at one intellectual property session wore white socks with a familiar swoosh mark and the word NIKF above in bold letters. A drink sold as Coca-Cola by one street hawker tasted of camphor.

Case Western Reserve University School of Law Another main concern was the future of legal education, While 1 met with the Chinese law faculty, they were often for the lack of multidisiciplinary training has been candid in expressing their needs and hopes. China is still a substantial problem in the formulation and interpreta­ feeling its way through its economic reforms, but it was tion of effective commercial laws in many nations. apparent to me that the legal community there seeks Although U.S. law students have received a comparatively guidance and help from the United States as crucial broad education while pursuing undergraduate degrees, decisions are made. A strong Canadian and European in most countries students begin law study right after presence was evident both at the conference and on the secondary school. Professor Rao Geping of Beijing University advocated a broadening of the Chinese legal education to include such conventions of U.S. law schools as case law study, moot courts, and admission strategies aimed at attracting students with diverse, even interdisci­ plinary backgrounds. Professor Terry Berreen, a lawyer and engineer at Monash University in Australia, presented his school’s dual-degree and combined-degree programs. Faced with a legal community ill equipped to deal with economic issues, China and other nations in the Pacific Rim are looking to Western legal educators to reshape their law schools. To highlight the Chinese government’s emphasis on easing its economic transition and addressing the concerns of foreign legal professionals, we were invited to the Great Hall of the People to meet with Chiao Shi, a member of the Central Committee expected to take over eventually from the aging Deng Xiaoping. Accompanied by cameramen and photographers from the state-run TV and print media, we foreigners were ushered into a much smaller chamber to meet privately with Chiao. As tea was served, Chiao candidly discussed the many challenges China will face in its efforts to feed and employ the world’s largest population. streets, but where were the Americans? We have thought The ICDl conference was the first of its kind, but the of the Chinese as a hard-luck case for the past 150 delegates and the organizing committee voted over­ years—mostly the result of foreign invasions, civil war, whelmingly to convene again within the next two years to and an economically disastrous isolationist policy. continue the international dialog. During a final informal What we lost sight of, and now must deal with, is a session, attendees were invited to critique the confer­ nation with a much vaster history as a world economic ence, and many speakers supported the establishment of and military power, of which the past 150 years were a a standing ICDI committee and ICDl centers to support brief interruption. better interaction between the legal, economic, and scientific communities. About the author: John Eastwood graduated in 1990 from At the open session. Dr. Richard Lanz of Switzerland the University of Missouri School of Journalism and enrolled strongly urged the attendees to help support interna­ at the law school in the fall of 1993. In between, he worked tional exchanges for students once the conference was for Wordright Enterprizes in Evanston, Illinois, as intern over. “It is my firm belief that before the age of 25, each copy editor for several of the Asian Sources trade journals; person should spend a year living abroad,” Lanz said. was a music swinger for the daily paper in Saginaw, “They should learn the native language, eat the food, and Michigan; and edited, wrote, and designed publications for live as do the people in their host country. Cultural Eortune 500 clients of M. L. Berner, Ltd., an internal- 15 immersion is vital, for it is only through such experiences communications contracting agency. As a law student, he is that we can really understand one another.” For my part, 1 editor of the school’s weekly newsletter, The Docket, and was trying my best to do just that. has involved himself in the Student Bar Association and the Journal of International Law. He is the Cleveland point Following the conference’s farewell banquet at the contact for China Business Sources, the Beijing affiliate landmark Roast Duck Restaurant, 1 began a series of office of Rice, Eowler, Kingsmill, Vance, Elint & Booth. meetings with school officials at Beijing University, Renmin University, and the Foreign Affairs College. After a harrowing flight to Shanghai on the government- run airline, 1 met with Fudan University law faculty and administration as well. Although school budgets are constricted, the people 1 spoke with were enthusiastic about beginning programs to engage in joint research projects, hold seminars and conferences together, and exchange students and faculty. Whenever 1 had a few hours free between meetings, 1 took advantage of every opportunity to walk the streets, sightsee, and sample different foods from the vendors and restaurants.

September 1994 More About Russia working with him in the area of business planning. For the by Sidney Picker, Jr. month of September we also have Professor Vladimir Professor of Law Popondopulo, who was Ron’s host in St. Petersburg last Director, Russian Legal Studies Program year. Later this semester we will have two members of the am delighted to report that our Russian Legal Studies Volgograd law faculty (not yet named, as of this writing), Program received its first federally funded grant each for one month, under our two-year USIA grant. specifically designed for student exchanges—$100,000 Finally, we just learned that the Junior Fulbright program from NAFSA Association of International Educators, it (designed to help young Russian faculty in course will bring ten Russian law students to Case Western development) has awarded us a grant to host two Russian I law teachers at CWRU for a year. Reserve and Cleveland State, beginning this fall, for a one- year residency. Only sixteen NAFSA grants were provided for law students throughout the U.S., and ten of them Faculty and student exchanges are not the only news. went to us. Our students—nine from St. Petersburg and CWRU and CSU are the first two U.S. law schools to one from Volgograd—are working toward the Russian provide computer access to all national Russian parliamen­ tary and presidential legislation and decrees, by arrange­ equivalent of the J.D. ment with KODEKC, the most comprehensive of Russia’s Meanwhile our third-year student Richard Grant is three computerized legal services. With weekly updates by spending the fall semester at St. Petersburg University. electronic transfer, we can now provide comprehensive With him is his wife. Holly, a second-year law student at legal research in the original Russian; any computer at CSU. We expect these Cleveland-to-Russia exchanges to either of the two law schools can use the system. We were increase because our program is attracting more and greatly assisted in all of this by Sergei Voitenko, the more Russian-speaking students: about half a dozen in the international programs director at St. Petersburg Univer­ sity, and by Ilya Nikifirov, a St. Petersburg law student who current first-year class. is one of our current visitors in Cleveland. In November Hiram Chodosh, who joined our faculty a year ago, will spend a month at Volgograd University and Finally, we hope to have a fully accredited summer school a week at St. Petersburg University. In return, we are host­ up and running in St. Petersburg in June 1995. The three ing faculty visitors from Russia. Mikhail Krotov, professor law schools—CWRU, CSU, and SPU—have a formal of law at St. Petersburg, is at CWRU for the entire fall agreement in principle to open a summer school there semester under a grant from the ABA’s CEELI (Central and with a curriculum focusing principally on the U.S./Russia Eastern European Law Initiative) program. Ron Coffey is economic relationship.

Hosting a Russian Visitor

The U.S.-Russia Information Resource Institute, of whose advisory board Yakovlev is a member, co-sponsored Yakovlev’s visit here; it was formed in 1993 to help Americans invest successfully in the emerging Russian market and to help Russia in its transition to a Western-style economy and government. The link between the IRl and the CWRU School of Law was Sandusky (Ohio) attorney Thomas J. Murray, founder of New Russian Enterprises, Inc.

Cheering on the Tribe: Peter Gerhart, Alexander Yakovlev, and Thomas Murray. Russian statesman Alexander N. From 1985 to 1991 Yakovlev was Yakovlev visited the law school in secretary to the Central Committee June under the auspices of our of the Soviet Communist Party and a InteThational Law Center and its member of Gorbachev’s Presidential Russian Legal Studies Program. He Council. He masterminded the new, spoke to a large audience at CWRU’s liberal policy known as Perestroika Amasa Stone Chapel and afterwards and was one of those who urged was taken out to a ballgame at brand- sweeping reforms of the social order. new Jacobs Field. The Cleveland After the coup of August 1991 he Indians, at the instigation of Gary became state counsellor under Boris Bryenton ’65, rolled out the red Yeltsin. Now he is head of the carpet and arranged for scoreboard Russian television and radio network. recognition of the Architect of Russian Freedom.

Case Western Reserve University School of Law Remarks to an Entering Law Class

by Robert D. Storey ’64 Does this sound vaguely familiar to 3. Presume that your colleagues, the lawyer-bashing that is so preva­ professional or nonprofessional, lent today? Or dating back even to are worthy of respect, unless or the time of Shakespeare? Let’s face it, until they prove otherwise. you may all have been decent, lovable citizens thus far in life. But 4. After you learn how to think like a now you are about to undertake a lawyer, speak like a lawyer, and course of study that many of your write like a lawyer, forget it when friends and neighbors earnestly in the company of normal people. believe will transform you into dreaded and damnable creatures who 5. Focus right now on how impor­ are, as we used to say in the Marine tant money is to you, and what Corps, lower than a snake’s belly. you will not do to get it. It cannot be that the kindly, warm, 6. Be prepared, whether you and patently huggable men and deserve it or not, to have people women who make up the faculty of look to you for wise, thoughtful Bob Storey addressed the law this user-friendly school will turn you leadership that has nothing to do school’s Class of 1996 on into omnivorous overpaid ogres of with billable hours. August 19, 1993, the first of two the marketplace. Maybe it’s the water orientation days. He is a you’ll drink in the student lounge. Or partner in the Cleveland firm of 7. Pick the right role models within Thompson, Mine & Flory. perhaps the air you’ll breathe in the profession. Ask yourself: Who Torts or Family Law class. Whatever. do I want to be when I grow up as a lawyer? My purpose here this morning— The fact of the matter is (as you’ll other than to take advantage of the learn to say repeatedly, however 8. Consider that you will become a irresistible offer of free doughnuts murky the situation may be) there is standard by which many will and coffee—is to join those who indeed a problem of how you will be judge the profession. welcome you to the study of law. perceived by the public from this day forward. 9. Bear in mind that the study of I was invited to do so as an alumnus law, like the practice of law, is a of this law school and as a trustee of In all fairness, you didn’t create the process whereby ideas are always this university, but the remarks that I problem, and maybe—just maybe— in contention and that your task am about to make are entirely my some among you will be part of the will be to select among them with own. I issue this disclaimer to protect solution. good reason. innocent persons living, dead, or otherwise, some of whom may be How so? you properly may ask. Let 10. Above all, remember that before enrolled here even as we speak. me suggest ten ways that you may you undertook to become a make the world safe for lawyers, and lawyer you were a human being. 17 In preparing for this occasion, I must vice versa. I pick the number ten Maybe or maybe not made in confess that I did a little research. because it has a nice authoritative God’s image, but nevertheless Specifically, I watched the 1939 movie ring. Though they are not handed with the potential for decency, Jesse James starring Tyrone Power down on stone slabs, I hope you will thoughtfulness, trustworthiness, and Henry Fonda. I hasten to add give the words that follow due and charity within you. In other that I did so not because I liken the consideration. words, a real Mensch. conduct of that infamous bandit to future acts you may perform as 1. Remember that the law—like Thank you very much, ladies and lawyers—or even as students—but to teaching, the military, the gentlemen, and bon voyage! confirm a line uttered by actor Henry ministry, and even medicine—is Hull, who portrayed a feisty news­ fundamentally a service profes­ paper editor in the film. sion, not a money machine. Hull’s memorable line was: “If we’re 2. Consider that filing a lawsuit 6ver going to have law and order in should be a last resort, and not the West, we have to take all the the first play called at the line of awyers and shoot ’em down scrimmage. I'ke dogs.”

September 1994 Nine New Benchers

Frances Floriano Goins ’77 (B.M., Fredrick S. The law school’s Society of Benchers Myers ’48 (B.A. elected nine new members in 1994— M.M. Cleveland Institute of Music) clerked for U.S. District Court Judge Western six graduates of the school, two Reserve public (i.e., nonalumni) members, Frank Battisti before joining University) and one faculty member. They were the firm of practiced law in inducted June 17 at the society s Squire, Sanders Akron with the annual meeting, where Fred D. firm of Musser, Kidder ’50, chairman, presided. & Dempsey, where she is Kimber & now the Huffman before Also elected were new officers for the joining the year 1994-95; Blanche E. Krupansky ’48, partner in charge of the Goodyear Tire chairman; Charles R. Ault 51, vice & Rubber chairman; and Stanley 1. Adelstein corporate control and Company in 1953. Except for five ’47, treasurer. Professor Emeritus securities years (1965-70) with the Kelley Oliver C. Schroeder, Jr., was reelected Springfield Tire Company in Mary­ litigation group. as secretary. She is a member of the law school s land, he remained with Goodyear until he retired in 1987; at that time Ronald J. Coffey (B.A. Xavier Univer­ Visiting Committee. he was vice president, general sity, LL.B. University of Cincinnati, counsel, and secretary. He promptly LL.M. Harvard University) joined the Nathaniel S. Jones (A.B., LL.B. Youngstown State University) was an joined the law office of Weick, Gibson law school’s assistant U.S. attorney in Cleveland & Lowry in Cuyahoga Falls. Since faculty in 1966 then he has held special appoint­ after practicing when he was ments with the Office of the U.S. in Cincinnati appointed Attorney for the Northern District of assistant with Taft, Ohio. Stettinius & general counsel Hollister. He to President Leslie Crocker Snyder ’66 (A.B. teaches Johnson’s Radcliffe College) Is an acting justice National Business of the Supreme Court of New York. Associations Advisory She began her legal career With the and Securities, Commission on New York firm of Kaye, Scholer, advises law Civil Disorders Fierman, Hays & Handler, then spent firms and (the Kerner eight years with the Manhattan corporations on securities matters, Commission). district attorney. From 1976 to 1979 and regularly participates in the In 1969 he she was chief of Cleveland Bar Association’s annual became general counsel of the NAACP, a position he held for ten trials in the Securities Institute. years. In 1979 he was appointed by Office of the President Carter to the U.S. Court of Special Prose­ Stephen C. Ellis ’72 (B.A. Denison cutor [John F. University) is managing partner of Appeals for the Sixth Circuit. He is a former member of the law school s Keenan] Arter & Hadden; he has been with the Against firm since his Visiting Committee. Corruption in graduation George J. Moscarino ’58 (A.B. Ohio the Criminal from law Justice System. school, practic­ University) began his legal career with the Ohio attorney general, then From 1983 until ing in the area January 1986, spent nine of corporate when she went and business years as an to the state Supreme Court, she was law with an assistant a judge of the Criminal Court of the emphasis on county prose­ City of New York. She was president acquisition, cutor before' joining Jones, of the New York Women’s Bar in finance, and 1982-83. commercial Day, Reavis & Pogue in 1970. law. He has chaired the Corporation, Banking, Currently he and Business Law Section of the chairs the CleveTand Bar Association, and he firm’s corpo­ serves on the Chairman s Council of rate criminal the Council of Smaller Enterprises. investigations He is a member of the CWRU Law section; he also has had considerable Alumni Association’s Board of sxperience in general business and commercial litigation. He is a fellow Governors. of the American College of Trial Lawyers and has lectured widely on litigation techniques and white-collar crimes practice.

Case Western Reserve University School of Law Thomas C. Stevens (B.A. State Cleveland Roundtable, and he chairs Hopkins, Burke & Haber. Since 1993 University of New York, Albany; J.D. the Professional Division of the 1994 he has been a partner of Thompson, Duke University) joined Thompson, United Way Campaign. Hine & Flory. He is a trustee of Mine & Flory Case Western Reserve University, upon his Robert D. Storey ’64 (A.B. Harvard the Kresge Foundation, and the graduation University) began his legal career Cleveland Council on World Affairs; a from law school with East Ohio Gas Company, then former trustee of Cleveland State in 1974; he has spent a year University, Phillips Exeter Acadeny, been managing with the Legal and University Hospitals of Cleve­ partner since Aid Society of land; and a former overseer of 1991. His is a Cleveland. Harvard University. general From 1967 to corporate, 1992 he was securities, and with Burke, banking law Haber & Berick practice. He is and its succes­ a trustee of the Greater Cleveland sor firm, Growth Association and the Greater McDonald,

Tax Program Gets New Director

Cleveland attorney Thomas I. Kleinman, Yanowitz & Arnson; he Hausman will teach Advanced Cor­ Hausman has joined the law school’s still maintains an office there and an porate Tax Problems this year, as faculty as administrative director of of-counsel relationship. well as Partnership Tcix, but he the LL.M. in Taxation, succeeding expects his administrative duties to Charles J. Kerester, who helped to Hausman has published several occupy most of his time. He is clearly extablish the program and now articles in specialized tax journals excited about taking the leap, full retires for the second time. (He had and has been a regular speaker at the time, into academe after many years retired from Jones, Day, Reavis & Cleveland Tax Institute on such of adjunct teaching. Pogue when he joined us, full time, topics as the partnership tcix alloca­ in 1992.) tion rules, partnership basis rules, at- Announcing Hausman’s appointment, risk and passive activity loss rules, the program’s director, Professor Hausman is by no means new to the interest deductions, and partnerships Leon Cabinet, said; “Tom Hausman’s school: since the tax LL.M. was having tax-exempt partners. For the experience and enthusiasm, as well established in 1992, he has taught ABA’s Section of Taxation, of which as his vision of a rigorous and sound Partnership Tcix and Federal Tcixation he has been an active member, he is academic approach to graduate tax of Property Transactions as an a vice chair of the Individual Invest­ education, will be invaluable to us in adjunct lecturer. He has also been a ments and Workouts Committee and the development of our program.” member of the adjunct faculty of the chairs its Subcommittee on Tcixation Cleveland-Marshall College of Law, of Workouts, Bankruptcies, and Cleveland State University. Insolvencies.

Originally from Toledo, Ohio, Haus­ Hausman told In Brief that he hopes man received his B.A. degree in 1970 to use his wide acquaintance with the from the University of Colorado tcix world to increase the school’s (where he became an enthusiastic LL.M. enrollment significantly and, skier) and his J.D. in 1973 from Ohio ultimately, to give the program State University. He began his legal national visibility. His first project career as an assistant Ohio attorney will be to convince more managing general (special litigation and adminis­ partners of Cleveland law firms that trative agencies sections), then spent it makes sense to invest in their the 1975-76 year earning an LL.M. in human capital. He deplores the short­ taxation from New York University. sighted view that a lawyer’s pursuit of the LL.M. degree costs the firm He practiced with two firms in billable hours and is therefore no Cleveland, Kadish & Krantz and more to be encouraged than, say, an McDonald, Hopkins & Hardy, before inordinate interest in tennis or opening his own office in 1983. In tiddlywinks. 1988 he joined the firm of Kahn,

September 1994 1994 Law Alumni Weekend October 7 & 8

by John M. Nolan ’87 run into one of their classmates 1964 Director of Alumni Services almost any time they walk down Euclid Avenue. Remember that many people come in from out of town for Tom and Kathy Heffernan have This year the Law Alumni Weekend, agreed, once again, to host the class usually scheduled for September, has the Law Alumni Weekend. That will be especially true this year—to see at their Shaker Heights home. Those been moved to October to coincide who attended the 25-year reunion at with our building dedication. (See the new building and the renovations to the existing iaw school. They will the Heffernans’ are looking forward next page.) At this writing some to a return engagement; those who details are still being finalized, but be looking forward to seeing those of us who stayed in Cieveland. Let’s were unabie to attend in 1989 are there is already much to report. If encouraged to be there this time. you need an update, please call me at make them ali feel welcome back by attending the festivities and encour­ Committee members include Harry 216/368-3860. aging local friends to join us. Hanna, Tom Heffernan, Ed Kancler, and Charlie Zumkehr. The traditional all-alumni luncheon will begin at 11:30 on Saturday, What follows is a status report, as of October 8, following the morning August 1, 1994, on the individuai meeting of the alumni Board of ciass reunions. As of this date plans Governors. At that luncheon we will are still being made, and committees 1969 announce the Alumni Association are still meeting. Bill Allport and the 1969 committee award recipients and elect new have gone all out planning for their officers and board members. We 25-year reunion. The evening will especially welcome law school 1949 include a clambake at the Cleveland graduates of 50 years and more, and Yacht Club in Rocky River, a program in particular we hope to see The class will celebrate its 45-year with awards, and a lot of fun. Besides members of the 55- and 60-year Allport, the planners are John Brown, i classes, 1939 and 1934. reunion with a dinner at the Play­ house Club, near the CWRU campus. Steve Buescher, Ken Cohen, Bill Committee members include Howard Edwards, Joel Makee, Jim McKee, We are planning a full program of Steve O’Bryan, and Bob Sheahan. Continuing Legal Education: classes Broadbent, Wilson (Bud) Chockley, on Friday morning, Saturday morn­ Ben Roth, Joe Sontich, Bill Welty, and ing, and Saturday afternoon. For Bennett Yanowitz. more information about the CLE 1974 programs, please call Cheryl Lauderdale at 216/368-6363. The class will hold its 20-year 1954 reunion at the Shaker Heights home Saturday afternoon the law school of David and Nancy Parham, who will will be open for tours. And, as The 40-year reunion will be a catered buffet supper at the home of Mort benefit from the experience of always, Saturday evening will be the committee member Stephanie Tubbs time for gatherings of the reunion and Marcia Stone in Shaker Heights. 20 The Stones are looking forward to Jones, who hosted the reunion in classes: 1949, 1989, and all the 1989. Other committee members classes in between ending in -9 or 4. hosting the class. Committee members include Jim Giivary, Jerry inciude Brian FitzSimons, Lee and Please give me a call if you would like Marge Koosed, John Muiligan, and to attend one of those parties and Gold, Rudy Henderson, Herb Levine, have not received information. And Forrest Norman, Shelly Portman, and John Pyle. please give me a call if you would like (of course) Mort Stone. to help: all of the reunion committees can use last-minute assistance. 1979 One final thought: Cleveland alumni 1959 On Friday evening, after the law sometimes wonder why they should school cocktail reception, the class bother with a reunion—after all, they Jim and t*amela Sweeney will host the 35-year reunion at their home in will gather for an informal evening at Mayfield Village. Other committee the home of Kurt and Mary Beth members helping with the plans are Bill Baird, Dominic Failon, Harold Friedman, Bob Hiil, Ed Kaminski, Norm Pomerantz, Leo Speilacy, and Harold Witsaman.

Case Western Reserve University School of Law Karakul. Plans for Saturday evening include a light dinner at one of the clubs in Cleveland’s lively Flats area. Building Dedication Committee members inciude Steve The dedication ceremony for the eventually, computers and Belden, Roy Hulme, Kurt Karakul, Jan new law school building will be connections to the Internet will Roller, and Art and Elaine Tassi. Friday, October 7, at 4 p.m. in be available. CWRU’s Strosacker Auditorium. Following the ceremony you are We have six new classrooms on invited to a cocktail reception the first floor of the new building. 1984 and open house at the new Each holds about 30 students, but building. four of the classrooms can be The 10-year reunion will most likely made into two, each with a be a chance to see classmates in a Some alumni, especially those capacity of 60. The classrooms casual evening of fun. Final plans will who remember the old law school will provide state-of-the-art be forthcoming. Committee members building, have asked about the technology—even the ability, at include Jim Aronoff, Sue Demaskey, need for renovation of the current some point in the future, to Fran Gote, Bob Linton, and Patrice law school and the 20,000-square- broadcast by satellite from the Yarham. foot addition. The need reflects classroom. important changes in legal education since George Gund Hall The new building will also have a was built in 1971: small classes seminar room, a kitchen that will 1989 and seminars have replaced many provide cold lunch selections, large classes, clinical education is and new offices for the student Plans are still being finalized for the now an integral part of the organizations and publications. 5-year reunion. It looks like a casual curriculum, and computer and night out in the Fiats or the Ware­ video technologies are essentiai Graham Gund, the Boston house District; volunteers for in the learning process. architect who designed the new planning are welcome. Committee addition, carefully matched its members (thus far) include Dave So what will the new building exterior to that of the original Basinski, Kathy Brandt, Michele Cold, provide? Quite a bit. building. One of the more striking Patrick Lenaghan, Laura Meagher, aspects of the addition, which and David Webster. First, we have completely has been called a “living sculp­ renovated the Hostetler Moot ture,” is the amount of light that Courtroom, moving the entrances will be provided by an entire wall to the back of the room and of windows and several skylights. wiring each station so that.

Celebrating our HERitage

21

An April symposium—Celebrating right: Marilyn E. Shea-Stonum ’75, our HERitage—commemorated the Associate Dean JoAnne Urban 75th anniversary of women’s admis­ Jackson, Ruth W. Woodling ’72, Joyce sion to law study at this university. A Neiditz-Snow ’71 (the moderator), panel of (mainly) alumnae shared Paula S. Klausner ’90, H. Alberta memories, observations, and some Colclaser ’36, Donza M. Poole ’87, and thoughts on the future. From left to Lillian J. Greene ’74.

September 1994 Faculty Notes

Editor’s Note: These notes are fewer students from the two schools can Association of University than usual—not because the law fac­ training in both the business and the Professors, of liability issues facing ulty have been less active, but because legal issues in mergers and related university teachers. so many of them fled Gund Hall and transactions, rather than artificially were more or less incommunicado separating the two sets of issues.” The ABA Guide to International Busi­ during the summer construction. News ness Negotiations, just published, will be thicker in the next issue. The Hastings Center Report for includes a chapter by Henry T. May-June 1994 includes an article by King, Jr.: “Selecting and Dealing with Foreign Lawyers.” With Marc Forthcoming publications by Arthur Rebecca S. Dresser, “The Public Context of Private Medical Deci­ LeForestier ’94, his research assistant D. Austin II; “The Top Ten Politically during the past academic year. King Correct Law Reviews” in the Utah sions.” In June she took part in the Law Review and “Orwellian Lawspeak Hastings Center’s 25th Anniversary wrote an essay, “Arbitration in Conference as a panelist on “The Ancient Athens,” that will appear Infiltrates Legal Education” in the in the Dispute Resolution Journal, Vermont Law Review. Public and the Private: Redrawing Boundaries.” published by the American Arbitration Association. Austin continues frequent appear­ ances in the Daily Legal News: “The Dresser was a reviewer for U.S. Judge Wants to Know What’s So Congress, Office of Technology Scandalous About Tonya Harding,” Assessment Draft Report, The Human Kathryn S. Mercer presented a “Don’t Call Him a Sloppy Journalist,” Genome Project and Patenting DNA workshop at the Legal Writing Sequences (forthcoming, 1994). In Institute’s conference. The Future of “Is There a Merger Wave Sneaking Up Legal Writing, held in Chicago in July. on the Clinton Administration?” and May she traveled to Philadelphia for “Can Justice Breyer Tidy Up the Anti­ a steering committee meeting for a trust Mess in the Supreme Court?” conference, Reexamining the Defini­ tion and Determination of Death, and And now, some news of emeriti to Chicago for a meeting of the faculty. George W. Dent, Jr., reports: “I have Committee on Bioethics of the American Academy of Pediatrics. Oliver C. Schroeder, Jr., traveled to largely completed an article trying to San Antonio last spring for the annual explain why convertible securities meeting of the American Academy of are used in corporate finance. This is In Cleveland, she spoke on “Legal Issues” at a Conference on Medical Forensic Sciences, of which he is a an issue that has been tackled past president. He has developed a (unsuccessfully, in my opinion) more Futility: Ethical, Medical, Legal, and by financial economists than by legal Economic Implications, and she took series of programs which he is happy part in a Regional Maternal-Infant to present to church or other social scholars. I’ve been asked to give a groups; topics range from “The Dead talk about the paper in the fall at the Case Review Conference. She spoke to a CWRU Conference on People Sea Scrolls” to “The U.S. Supreme University of Pittsburgh’s Katz Court: Judicial Tribunal or Political Graduate School of Business. 1 have with Disabilities on “Dementia from the Patient’s Perspective” and spoke Institution?” He pays a daily visit to also been writing about venture his wife, Gladys, now a resident at capital financing—why venture on “Justifications for Research” at the university’s Institutional Animal Care the Heather Hill nursing home in capital transactions are structured as Chardon, and enjoys all the Cleveland 22 they are—and have organized CLE and Use Committee’s retreat. Indians’ home games as a season programs to convey this knowledge ticket holder. All of the law school’s to practicing lawyers.” A member of tbe law school’s adjunct foreign LL.M. students, one by one, were his guests at Jacobs Field in Dent has had a role in the Executive faculty, Peter G. Glenn, has been Management of Technology Program named dean of the Dickinson School the spring. set up by the CWRU Center for the of Law in Carlisle, Pennsylvania. Management of Science and Technol­ Glenn was a partner in the Cleveland Lindsey Cowen is a resident of the ogy. “The purpose of the program,” office of Jones, Day, Reavis & Pogue. Maple Ridge Health Care Center, 22 Maple Ridge Drive S.E., Cartersville, he explains, “is to offer a one-year He taught several classes in Profes­ sional Responsibility. Georgia 30120, where he receives course (four weeks of which are in frequent visits from his wife, Eleanor, residence at the university) to young executives on the special problems of and their children and grandchildren. He particularly enjoys hearing from management in high technology Erik M. Jensen has dispatched to the business projects. 1 have participated publisher the 1994 Supplement—due friends and former students. by corTducting classes on legal issues out in November—to Bruen, Taylor & in ‘strategic alliances’—the fashion­ Jensen, Federal Income Taxation of From Simon Goren: “I have been able term for joint enterprises.” Oil and Gas Investments. His review of busy with reading the proofs of two James D. Gordon Ill’s Law School: A books I had worked on the last three years. One is the second edition of Here at the law school Dent has Survivor’s Guide, is being published by the West Virginia Law Review. the German Civil Code I authored teamed with Professor Robert Kauer with Forrester and Ilgen in 1975. The of CWRU’s Weatherhead School of Locally, the Plain Dealer published Management to teach a new Mergers his op-ed piece, “New Players Break other is the German Condominium Up the Old Law Game,” and he took Law, done by me alone. Both books and Acquisitions course. “The will be published in September by purpose,” says Dent, “is to give part in a panel discussion, sponsored by the CWRU chapter of the Ameri­ Fred B. Rothman & Company.”

Case Western Reserve University School of Law Class Notes

by John M. Nolan ’87 chairman of the Anti-Defama­ Director of Alumni 1951 1958 tion League. He will lead ADL Robert J. Grogan was re­ The January issue of ARTnews efforts in combating discrimi­ Services elected to a third term in the magazine features Eugene Lyndhurst (Ohio) Municipal Stevens as a prominent nation in Northeast Ohio and tracking extremist activity. Court. Grogan practiced law in collector of contemporary art. Cleveland for 30 years before going on the bench in 1981. 1973 1932 1959 has been Aubrey M. Billings recently Saul Eisen, a partner with Gregory G. Binford elected chairman of the closed his Cleveland law office Javitch, Block, Eisen & 1952 Cleveland Bar Association’s after 62 years of practice. The Cleveland law firm of Rathbone, was featured in the Health Law Section after Berick, Pearlman & Mills Plain Dealer as a wide- serving as vice chair. Binford announced that Joseph G. traveling bankruptcy trustee. is a partner of Benesch, 1945 Berick has become of counsel He chaired the Cleveland Bar Friedlander, Coplan & Aronoff. The legacy of Margaret Joan to the firm. Association’s Bankruptcy and Spellacy, the second woman Commercial Law Section in Formerly with Jones, Day, to serve as a Cuyahoga County Sara J. Harper of the Ohio Court of Appeals spoke on The 1991-1992. Reavis & Pogue, Charles D. judge, was honored by the Weller has joined Baker & National Association of History of Women in the Judiciary as part of John Hostetler as a partner. He will Women Judges at their district Carroll University’s celebration 1960 concentrate his practice in convention, held in Cleveland Jerry F. Whitmer of Akron of Women’s History Month. antitrust, health care, and in June. was elected to the Board of health benefits. Governors for the Ohio State 1954 Bar Association, District 11. 1948 Fred D. Gray, a former presi­ Robert H. Jackson, of 1974 Blanche E. Krupansky of the In La Jolla, California, Mitchell Ohio Court of Appeals is dent of the National Bar Kohrman Jackson & Krantz, B. and Julie Portnoy Oubick retiring from the bench after Association, received the was elected vice chair of the NBA’s Wiley A. Branton Issues Cleveland Institute of Music welcomed Gabrielle, their 32 years. Krupansky was the third child, on January 27, Symposium Award last fall. It and named co-chair of its first woman to sit on the 1994. Eighth District Court of is given for “leadership on the Development Committee. Appeals. She served in the cutting edge of law for civil, early 1980s as a justice of the social, and economic justice.” 1975 Ohio Supreme Court and as a 1962 Governor Voinovich has Edward G. Kramer was judge in both the Cuyahoga invited to testify before the appointed Thomas Patrick County Common Pleas Court 1956 Glass Ceiling Commission at Theodore S. Mandeville, Jr., Curran to the Cuyahoga and the Cleveland Municipal Cleveland City Council announced his retirement from County Court of Common Court. Chambers on April 22, and the State of Vermont Trial Pleas. Curran will serve out excerpts of his testimony were Court at the end of December. the term of Lesley Brooks subsequently published in the Mandeville is not planning to Wells, recently appointed to 1950 slow down much: besides Daily Legal News. John J. Monroe was named to the U.S. District Court. the Lake/Geauga Committee of continuing to work part time the Cleveland Foundation and as a judge, he says that his honored as an Outstanding post-judicial labor may include 1972 a partner in Hospital Trustee by the teaching, skiing, and even a Howard A. Levy, the Cleveland firm of Benesch, Greater Cleveland Hospital stab at running for the Friedlander, Coplan & Aronoff, Association. legislature. has been appointed regional civil rights committee

It isn’t too early to start thinking about: 19S5 Law Alumni Weekend In Philadelphia, Gregory P. If your law class year is ... Miller, a founding partner of Miller, Alfano & Raspanti, has been appointed to the Disci­ plinary Board of the Supreme Court of Pennsylvania. In April IMS, m, ms, m, m, mi, Miller took part in a workshop. Starting Your Own Firm, at the Mideast Regional Convention • •. we wouldms, like your im, help m,in planning or m a class reunion. of the Black Law Students Association. Write or call the Office of External Affairs, CWRU School of Law, 11075 East Boulevard, Cleveland, OH 44106-7148—216/368-3860.

September 1994 He is co-chair of the ATLA Terry D. Zimmerman of Akron In Chicago, Mari Henry Leigh, Publications Committee. 1986 was elected to the Council of formerly of Lord, Bissel & Deborah A. Geier reports that Delegates for the Ohio State Brook, has joined the law firm Jenner practices law in she is an associate professor Bar Association, District 11. of Bates Meckler Bulger & Bethesda, Maryland. of law with tenure at Cleve- Tilson. She will concentrate in land-Marshall College of Law, product liability and commer­ effective September 1, 1994. cial litigation. 1985 1978 The law firm of Arter & For the 1995 spring semester Richard G. Hardy was Hadden announced that she has a visiting appointment nationally certified in at the University of Florida, consumer bankruptcy law by Gregory V. Mersol has been 1984 named partner in the firm’s teaching in the graduate tax the American Bankruptcy Anthony J. O’Malley has program. Board of Certification. Hardy been named partner in the Cleveland office. practices with Ulmer & Berne Columbus office of Vorys Sater John C. Flckes was elected Kirsten Hotchkiss has gone in- house: she is vice president in Cleveland. Seymour & Pease. shareholder of the Akron firm and associate general counsel of Brouse & McDowell. Milton A. Marquis is now for Prudential Securities in working for the U.S. Depart­ Formerly with Agency Rent-A- New York. 1981 ment of Justice in Washington Car, Scott L. Baker announces On February 13, 1994, Linda as a senior counsel to the the opening of his law office in Inese A. Neiders spoke to Rhone Enion and her assistant attorney general in Century Park, Los Angeles. Ohio criminal defense laviryers husband, Steven, welcomed charge of the Antitrust The firm’s practice includes at a death penalty seminar and daughter Alexandra Allison, Division. His primary responsi­ general civil litigation, insur­ spoke on jury selection at a who joins an older sister, bility is to coordinate ance, real estate, sports, enter­ public defenders’ training Kymberlee. Enion is a vice federal/state cooperative tainment, and business law. conference, in addition, she president of the Pittsburgh recently had an article antitrust enforcement efforts. Lisa C. Thayer is holding National Bank. published by the Harris was recently down two part-time positions, Robert K. Jenner County [Texas] Criminal Michael L. Malkin and his re-elected to the Board of both of which, she reports, wife, Annette, co-chaired a Defense Attorneys Association. Governors of the Maryland should be full-time. She is still benefit—HIT the Boat—for the Trial Lawyers’ Association, the deputy state’s attorney for Randall B. Shorr has left the AIDS Taskforce of Greater and was re-appointed as MTLA Garrett County, Missouri, and Cleveland firm of Kahn, Cleveland (formerly the Health delegate to the Association of has added an appointment as Kleinman, Yanowitz & Arnson Issues Taskforce). Trial Lawyers of America. standing master for the Circuit and opened his own office After nine years with Digital Court, hearing all child across the river, in Ohio City. Equipment Corporation, support enforcement and He will concentrate in real Lianne Mongeau White has other domestic cases. left to lead the intellectual property department of Glass, McCullough, Sherrill & Harrold, in Atlanta. Cleveland’s chief assistant law director, Kathleen Ann was elected vice Alumni Publications Mttrtin, Dry,” forthcoming in the president of the Cuyahoga Now on the faculty of International Relations Federal Circuit Bar Journal. County Law Directors’ Widener University, (Wadsworth, 1994). A Association. James O. Castagnera ’81 Cleveland attorney, Book review, A Practical Guide to Patent Law, Bryan J. Holzberg reports has sent our library the Lampert regularly that he recently concluded a new, revised edition of teaches a course. forthcoming in the European nine-month trial in Nassau Workers’ Compensation, Intellectual Property Review his Employment Law and the George Washington County, New York, in which his Answer Book: Forms S at the law school. clients, a consortium of banks University Journal of and a developer, were awarded Checklists, just published Brian R. Henry ’87 has International Law and judgments in excess of $40 by Aspen as one of its recently had two articles Technology. million. The trial involved Panel Answer Book published: “Benchmark­ “Re-Interpreting Plurality: multiple issues arising from a Series. ing and Antitrust,” in the An Alternative Viewpoint,” failed conversion of a school Robert K. Jenner ’85 is Antitrust Law Journal, and in Journal of the Patent (6 into condominiums, and “Competitor Benchmark­ Trademark Office Society. 24 included contract, surety, lien, co-author of “The Timing Competitive “Rule 26 and Mandatory lender liability, and architect of Fetal Death: New ing,” in the Intelligence Review. Discovery,” forthcoming in malpractice concerns. Strategies for the Trial Attorney, ” recently A long list of recent Sidebar. published in Trial publications by Irah H. “Round Up from the Courts: 1982 magazine. The article Donner ’91: District of Columbia Intellec­ D. Benj^unin Beard, professor tual Property Cases” in of law at the University of deals with causation “Will the New Information issues in obstetrical Intellectual Property Litigation Idaho, has been elected a Super Highway Create (June & December 1993). member of the American Law medical negligence cases.« ‘Super’ Probletns?” forth­ “Patenting Mathematical Institute. Jenner practices law in coming in The Albany Law Bethesda, Maryland. Journal of Science & Algorithms in ‘Real’ Life Technology. Systems Which Are 1983 His academic past has Engineering Approximations Michael A. Axel was named come back to haunt “Contributory Infringement: of Laws of Nature,” in the Software Architects Beware” viqe president and assistant Donald E. Lamport ’86. Computer Law Reporter. counsel of the Society (in two parts) and “Should A chapter from his co­ “Should Some Mathematical Management Company in Non-Precedential Opinions authored The Web of Algorithms Be Patentable? Cleveland. Establish New Precedent?” World Politics: Nonstate Response,” and “A New-and- in The Computer Lawyer. Diane Vulich Jennens was Actors in the Global Improved Formula to named partner in the law firm System has been “BIC Leisure v. Windsurfing: Calculate Statutory Subject of Shumacker, Loop & The Federal Circuit Catches Matter for Inventions with reprinted in Williams, the ‘Big One’ and Leaves the Kendrick in Toledo, Ohio. Algorithms” in the European Goldstein, and Shafritz, Supreme Court on Shore to Classic Readings of Intellectual Property Review.

Case Western Reserve University School of Law estate and business law. He Joseph W. Deighton has been also tells us that he has been 1990 News from the Czech Repub­ named assistant dean of appointed to the Cleveland students at Walsh University in Landmarks Commission. lic: Alexander Keviczky is In Memoriam CEO of the City of Prague North Canton, Ohio. Development Corporation, a Ktu-en Nancy Hairston has Bruce Homer ’23 1987 real estate development and been admitted to practice in April 18, 1994 Kathleen A. Welgand has investment company. At the the District of Columbia. joined Corppro Companies, same time he operates the law She is employed as an William G. Blower ’28 Medina, Ohio, as general offices of Keviczky & Associ­ investigative researcher for June 6, 1994 counsel. She has gained ates in Prague and Cleveland. the Fairfax Group in Falls Lyle F. Merritt ’30 national recognition for her Church, Virginia. Douglas S. Mervis is now Mays, 1994 knowledge of Section 16 of the practicing in Mayfield Heights, George N. Gamota, Jr., has Securities and Exchange Act Ohio, in the law building of joined Nathan Associates, Inc., Kenneth V. Nicola ’30 of 1934 and has been a Carr, Feneli, and Carbone. in Arlington, Virginia. In May June 23, 1994 member of the American Bar Gamota began working with Association’s Task Force on USAID’s Market Environment Andrew C. Section 16. 1991 in the Newly Independent Kistemaker ’33 In Washington, Brian R. Henry Irah H. Donner has been busy! States; he will be working on April 2S 1994 He writes: “I have recently recently joined the antitrust antimonopoly and antitrust executed a contract with the and trade regulation section of issues in Kiev, Ukraine. Maurice Collier, Shannon, Rill & Scott. Bureau of National Affairs to Maschke, Jr. ’33 write a legal research book on Victoria L. Wendling has June 3, 1994 Harold L. Horn has opened his patent law, to be entitled joined the law firm of own law firm in Middleburg “Patent Prosecution: Practice Altheimer & Gray in Chicago. Christian E. Heights, Ohio. and Procedure Before the She will be working in the Rhonemus ’34 After a few years in private United States Patent Office.” I firm’s litigation department, April 12, 1994 primarily in the labor and practice, Mary Timpany have proposed a patent law employment group, but Miller is now clerking part course to American University William H. Harris ’36 time for Judge William D. School of Law, which will likely continuing to do some general May 22, 1994 commercial litigation as well. Hutchinson (U.S. Court of be scheduled for spring 1995. William W. Bolin ’50 And I have been appointed as Appeals, Third Circuit), for March 3, 1994 whom she clerked in the year a contributing editor of IEEE following her graduation. The Computer Magazine. My 1993 Keith J. Barton recently Stephen J. Franko ’50 contributions will relate to part-time position gives her completed recruit training and March 14, 1994 more time with her son, legal developments affecting was promoted to private first Christopher, born in 1993. the computer industry.” class in the U.S. Marine Corps. Roby L. Grubb ’53 Donner is practicing in April 19, 1994 Alexandria, Virginia, with John S. Harrison is a trust 1989 Lowe, Price, LeBlanc & Becker. account coordinator for the Dennis G. Fedor ’63 Having supervised Nationwide First Fidelity Bank in April 22, 1994 Insurance’s litigation in Debra S. Hill has joined the Philadelphia. legal department of the Arthur western Pennsylvania since Treacher’s Corporation in Ellssa Beth Morganti was 1991, Marc S. Katz has Jacksonville, Florida. married to William Donald returned to private practice, Banas on June 4, 1994. She is joining the Pittsburgh firm of James M. Guelcher, a captain employed by the Brockway S. James Goldman, which in the U.S. Army JAG Corps, Law Offices in Cheektowaga, handles plaintiff personal has been assigned as brigade New York. injury and workers’ compensa­ judge advocate for the First tion cases. Katz writes: “My Recruiting Brigade (U.S. Army Julie Elizabeth Chiodo has focus is on personal injury Recruiting Command) at Fort joined Abraham Cantor [’73] & litigation and first party Meade, Maryland. Associates in Willoughby, benefits cases. In addition, 1 Ohio. Kimberly A. Shuck has joined provide training and seminars the Jewish Community LaVonne Renee Dye is with upon request to medical Federation in Cleveland. the law office of Herbert practitioners and other Palkovitz in Cleveland. attorneys on how to handle Andrew R. Kass was recently In Chicago, Richard P. first party benefits claims, sworn in as assistant district McArdie has joined the law drawing on my years of attorney in Westchester County, New York. firm of Murphy, Smith & Polk. experience with Nationwide.” David M. Santoni has joined Orly Hazony Rumberg is with Michael N. Merctintl has Sebaly, Shillito & Dyer in become associated with the the Toronto office of Skadden, Da}4on, Ohio. New York law firm of Stein­ Arps, Slate, Meagher & Flom. berg, Raskin & Davidson. His Dean E. Weaver is now with practice continues to be the law firm of Shumacker, limited to intellectual property 1992 Loop & Kendrick in Toledo, David M. Benson lives in matters. Ohio. Hudson, Ohio, where he is Andrew A. Paisley has joined associated with the law firm of the law firm of Joondeph & Benson & Benson. Shaffer in Akron, Ohio, where he will be practicing labor and Hedy Schuster Chatfield is working with the Child employment law. Support Enforcement Agency in Norwalk, Ohio.

September 1994 Happy New Year! Continuing The headline above is a reminder that the law Legal school’s fiscal year is tied to Education the academic calendar: it The law school’s fall CLE begins July 1 and ends on program will include such June 30. topics as . . . ■ Traffic Law THANK YOU for your gifts to last^ year’s Annual Fund, and please ■ Bankruptcy respond generously when you are ■ Intellectual Property asked for this year’s contribution. ■ Immigration ■ Construction Law ■ Environmental Law Avoid the phone . .. Perhaps you have already received a flyer in the mail that ■ Litigation encourages you to avoid a telephone solicitation by ■ Securities Law

responding quickly with an increased gift. It’s not that we The Securities Law program don’t want to talk to our graduates! But a stamp costs less includes an ethics compo­ than a phone call. By reducing fundraising costs, we have nent. We will also offer other courses satisfying the Ohio more dollars to spend for the benefit of our students. So we requirements: give special thanks to early givers. ■ Ethics in Marketing Legal Services ■ Negotiation Ethics OUR GOAL FOR THE 1994-95 YEAR is $600,000. We think the figure is realistic though challenging. Last year we ■ Ethics in Criminal raised more than $603,000 through a combination of the Practice Annual Fund and the special bricks campaign—Building for ■ Developments in Legal Ethics a Better Profession. CWRU law graduates in Northeast Ohio will receive a flyer with all the details; other graduates may receive it on request. 26 For further information, call . . . and speaking of bricks .. . Cheryl Lauderdale, our CLE We closed that campaign early in August because we had to coordinator, at 216/368-6363. be sure that all bricks would be in place before the building dedication on October 7. But there will be future opportuni­ ties for adding names. Class reunion coming up? A son or daughter graduating from the law school? To commemorate such an occasion, please consider an qnduring memento in the Alumni Courtyard.

Case Western Reserve University School of Law Calendar of Events

Washington, D.C., Alumni Dinner Honoring Charles R. Richey ’48 Oct Judge, U.S. District Court Address

Correction

October 7 and 8 Requested LAW ALUMNI WEEKEND Dedication of Building Addition Dean’s Cocktail Reception Alumni Awards Luncheon Class Reunions See pages 20-21

20 Sumner Canary Lecture Alex Kozlnski Judge, U.S. Court of Appeals, 9th Circuit

Norman A. Sugarman Tax Lecture Eric Solomon Nov Assistant Chief Counsel, Internal Revenue Service

12 Dedication Fred K. Cox International Law Center

CLE in Washington, D.C. Negotiation Ethics and Strategies Dec Instructors: Wilbur C. Leatherberry ’68 Kathryn S. Mercer ’83

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For further information; Office of External Affairs ' _ ^ Case Western Reserve University School of Law 11075 East Boulevard Cleveland, Ohio 44106-7148 216/368-3308