SPRING 2005 DEAN Alex M
IN THIS ISSUE New LL.M. Program in American Law for Chinese Lawyers in Beijing “Beyond Dealing with the Past”: A Critical Assessment of Justice in Times of Transition Learning to be a Lawyer
SPRING 2005 DEAN Alex M. Johnson, Jr.
EDITOR Elizabeth Rodke Washburn
ASSISTANT EDITORS Sara Jones Scotty Mann
EDITORIAL ASSISTANCE Marci L.Windsheimer
CONTRIBUTING WRITERS Cheryl Casey Brad Clary Matt Gehring Joseph Gratz Bobak Ha’Eri Kay Johnson Vasan Kesavan Steve Marchese Andrea Martin Martha Martin Meleah Maynard To d d M e l b y Susan Miller Ryan Miske Fred Morrison Debbie Nelson Fionnuala Ní Aoláin Julie Nilsson Michael Stokes Paulsen Scott Russell Ryan Stai Mickelene G.Taylor Mary Thacker Carl Warren Kevin K.Washburn
PHOTOGRAPHERS Karen J.Anderson Bobak Ha’Eri Dan Kieffer Dan Marshall Tim Rummelhoff
DESIGNER Jennifer Kaplan, Red Lime, LLC
The Law Alumni News magazine is pub- lished twice a year, by the University of Minnesota Law School Office of External Relations.The magazine is one of the projects funded through the membership dues of the Law Alumni Association. The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities and employment Correspondence should be sent to: without regard to race, color, creed,religion, national origin, sex, age, [email protected] or marital status, disability, public assistance status, veteran status or sexual orientation. Law Alumni News Editor N160 Mondale Hall 19th Avenue South Minneapolis, MN 55455-0400. Dean’s Perspective s the legal environment of the 21st century continues to evolve, the lines of distinction between traditional legal education disciplines are blurring, and law schools are devel- oping new and innovative teaching tools. In response to this increasing globalization of Athe legal profession, the University of Minnesota Law School is working to develop programs that will enhance its reputation nationally and internationally.We are fortunate to have faculty who are known worldwide, as well as entities like the Human Rights Center that have already established our school as a leader in the area of international study. I predict that ten years from now, the University of Minnesota will occupy a special niche in the legal world. We have already begun to stake our claim by developing a new law program in Beijing, China.As you will read in the Features section of the magazine, we are in the process of establishing a Master of Laws (LL.M.) Program in American Law in Beijing. University of Minnesota President Robert Bruininks recently signed an agreement with the China University of Political Science and Law to create an international legal education program within the next 12 months.This program will cement the Law School’s reputation as a leader in international law, and will reinforce the University of Minnesota name in China. As an essential part of our vision, we are working to enlarge our geographical sphere by drawing in more high-quality international students, and by devel- oping creative partnerships with educational institutions around the world. There are many collaborative possibilities for students and faculty at the University of Minnesota.The Law School already operates seven formal study abroad programs, and has well-established relationships with numerous other DEAN ALEX M. JOHNSON, JR. foreign universities. Our law students and faculty can tap into the worldwide network that the Law School has created, in order to explore new relationships and opportunities that greatly deepen and enhance the international law experience. I am struck by the long list of our prominent graduates who have gone on to make their marks around the world.This issue includes a few of those success stories.We are privileged to be so connected to the world. Finally, this issue introduces an updated design and new format.The changes begin on the front cover, and are evident throughout the magazine. In these pages you will find expanded in-depth faculty articles, more news and profiles, and student scholarship. There have also been some rumblings around the Law School that it is time to change the name of the Law Alumni News.We have not yet decided whether to do so, but we are exploring our options and would like to solicit some ideas from our readers.What’s in it for you? If we choose the name you submit to us, we will send you a free one-day pass to the Summer Super CLE Program. Honorable mentions will receive University of Minnesota coffee mugs. Send your ideas to [email protected] is no firm deadline; submissions will be accepted until we find a name we like, or decide to risk using one of our own ideas.Thank you for helping us with this important task—good luck and have fun!
Dean and William S. Pattee Professor of Law CONTENTS SPRING 2005
COVER 30 Destination:Beijing Master of Laws (LL.M.) Program in American Law in Beijing, China
BY SCOTT RUSSELL
Features ❯First Person 23 Minnesota Professor Helps Draft Sudan Constitution
BY FRED MORRISON Faculty Essay 26 “Beyond Dealing with the Past”: A Critical Assessment of Justice in Times of Transition
BY PROFESSOR FIONNUALA NÍ AOLÁIN Departments
FACULTY FOCUS 2 Faculty Research & Development Faculty Profile: Jim Chen Faculty in Print Let’s Mess with Texas
@ THE LAW SCHOOL 38 Learning to be a Lawyer Adjunct Professor Profiles Intercollegiate Competition Moot Courts
STUDENT HIGHLIGHTS 52 “Walter Wonka” Rocks the Casbah Student Profiles Student Scholarship
ALUMNI COMMONS 68 Distinguished Alumni Profiles Class Notes In Memoriam Faculty Focus
One of the greatest strengths of the University of Minnesota Law School is its distinguished faculty.This Law School, perhaps more than any other, has a reputa- tion for producing superb teachers and scholars who are leaders in their areas of expertise.Their accomplishments and scholarly productivity are matched by few law faculties, and are recognized by legal scholars and educators around the world. More recently, the Law School has become known for having one of the best clinical programs—and clinical faculty—in the country.This outstanding fac- ulty is one of the most significant factors in the continued recognition of the Law School’s quality and growth. In this issue, we offer the following faculty announce- ments and features: the appointments of several endowed professorships and chairs; a summary of the faculty’s most recent work; an index of newly published books, articles, and other pieces; a profile of Jim Chen; a reprint of a faculty-writ- ten op-ed piece that appeared in the Wall Street Journal; and a tribute to Bart Koeppen, a former colleague who passed away this winter. Finally, we include the schedule for the spring semester of the faculty works-in-progress program. Law school professors support and challenge each other’s work through this impor- tant program, which is organized by the Minnesota Center for Legal Studies.
2 Law Alumni News SPRING 2005 Faculty R&D The following is a partial list of the many accomplishments and activities of the Law School’s faculty.
left to right Beverly Balos, Stephen F. Befort, Brian Bix Bradley G. Clary and Dean Alex M. Beverly Balos Work: Lessons from the Americans with Johnson, Jr. Professor Balos has published the follow- Disabilities Act and Possibilities for Alle- ing articles:“The Wrong Way to Equali- viating the American Worker Time Bradley G. Clary has been ty: Privileging Consent in the Trafficking Crunch,” in the Cornell Journal of Law appointed the Vaughan G. and Public Policy; and “Employment Dis- of Women,” in Harvard Women’s Law Jour- Papke Clinical Professor. nal (2004);“A Man’s Home is His Castle: crimination Remedies and Tax Gross How the Law Shelters Domestic Vio- Ups,” in the Iowa Law Review (with A reception was held on lence and Sexual Harassment,” in St. Gregg Polsky). He also authored a November 30, 2004 to cele- Louis University Public Law Review (2004). 2004–05 Supplement to his Employment brate the appointment.As the She also co-authored three amici curiae Law and Practice book, published by West Director of Applied Legal briefs, which were submitted to the Group. In addition, Professor Befort has Minnesota Supreme Court on behalf of published the following professional edu- Instruction, Professor Clary the Minnesota Coalition for Battered cation articles:“Advanced Supreme coordinates and supervises the Women. She made the following presen- Court Update,” in Labor and Employment legal writing and moot court tations:Advanced Advocacy for Victims Law Institute 2004 (Minnesota CLE); and programs. He regularly teaches of Domestic Violence, Minnesota Coali- “Public Sector Update 2003-04” in Pub- tions for Battered Women Annual Con- lic Sector Labor & Employment Law (Min- courses in legal writing, appel- ference; and Child Custody,Visitation, nesota CLE).A frequent labor arbitrator, late advocacy, and deposition the Courts and Domestic Violence, Min- Professor Befort was inducted into the skills, and serves as a faculty nesota Supreme Court Listening Panel. National Academy of Arbitrators in advisor to the National Moot October 2004.Along with Professors Laura Cooper and Mario Bognanno, he Court team. He also teaches Stephen F.Befort has been awarded a grant by the Nation- civil procedure. Professor Befort continues to be active al Academy of Arbitrators to conduct an on a number of projects relating to labor empirical study of more than 2,000 dis- and employment law. During the current The Vaughan G. Papke Clinical cipline and discharge arbitration awards Professorship in Law was made school year, he has published four arti- on file with the Minnesota Bureau of cles:“A NewVoice for the Workplace:A Mediation Services. possible by the generous bequest Proposal for an American Works Coun- of Vaughan Papke (Class of cils Act,” in the Missouri Law Review;“At the Cutting Edge of Labor Law Preemp- Brian Bix 1940).The Professorship carries a tion:A Critique of Chamber of Commerce Professor Bix’s recent publications two-year appointment. v.Lockyer,” in The Labor Lawyer (with include Family Law: Cases,Text, Problems Bryan Smith);“Accommodation at (fourth edition, LexisNexis, 2004) (co-
U of M Professor Receives the Sheila Wellstone Gold Watch Award
WATCH, a volunteer-based, nonprofit organization dedicated to improving the justice system’s response to violence against women and children recently honored Professor Beverly Balos for her work in drafting Min- nesota’s Domestic Abuse Act, one of the first statutes in the country concerning domestic violence. Professor Balos is also being recognized for her work in the areas of violence against women, domestic violence and feminist jurisprudence.The Sheila Wellstone Gold WATCH Award is given annually to recognize leadership on behalf of women and children who are victims of sexual assault, domestic abuse, or child abuse.
Law Alumni News SPRING 2005 3 Faculty R&D
left to right Dan L.Burk, Dale Carpenter, Laura Cooper
authored with Ira Ellman, Paul Kurtz, In April, Professor Burk spoke on spy- Elizabeth Scott, and Lois Weithorn) and ware and intellectual property at the “State Interests in Marriage, Interstate symposium on “Spyware:The Latest Recognition, and Choice of Law” in Cyber-Regulatory Challenge” sponsored Creighton Law Review. Recent paper pre- by the Berkeley Center for Law and sentations include “Everything I Know Technology, at U.C. Berkeley. He then About Marriage I Learned from Law traveled to New Haven, Connecticut, Vance K. Opperman and Professors,” presented at a Conference on where he spoke at the Yale Law School Dale Carpenter the Meaning of Marriage, at the Univer- conference on“Global Flow of Informa- sity of San Diego in January 2005;“Con- tion,” presenting his competitively select- Dale Carpenter was tract Law Theory,” presented at the Ana- ed paper on “Law as a Network Stan- recently appointed the Vance lytic Legal Philosophy Conference, Uni- dard.” Later in the month, Professor Burk versity of Texas,Austin, in April 2005; presented his work on “Open Source K. Opperman Research and “Natural Law and the Constitution,” Genomics” at the Fordham University Scholar.A reception was held a Lecture given for the 29th Annual conference on “Law and the Information on December 3, 2004 to com- Midwest Philosophy Colloquium, at the Society. memorate the appointment. University of Minnesota-Morris. Professor Burk also maintains a vigorous Professor Carpenter teaches pace of scholarly publication.With Pro- fessor Mark Lemley of Stanford Univer- and writes in the areas of con- Dan L. Burk Professor Burk is currently visiting at sity, he co-authored the chapter entitled stitutional law, the First Amend- Cornell Law School, in Ithaca, New “Designing Optimal Software Patents,” ment, commercial law, and sex- York,where he has presented his recent in a new AEI-Brookings Institute book ual orientation and the law. scholarship to audiences around the Cor- on Intellectual Property Rights in Frontier nell campus. In February he presented Industries. Professors Burk and Lemley have also written an article on “Inheren- The Vance K. Opperman Research his paper on “Legal and Technical Stan- dards in Digital Rights Management” to cy,” forthcoming in the William & Mary Scholar Award enables the Law workshops at the Cornell Information Law Review, and another on “Quantum School to retain emerging faculty Science Program and at the Cornell Law Patent Mechanics,” forthcoming in an stars by recognizing their scholarly School Faculty Colloquium. He also invitational Lewis & Clark Law Review symposium issue that will mark the tenth interests and helping them pursue spoke on “Spyware:An Information Ownership Approach,” at a campus-wide anniversary of the Supreme Court’s land- their research.The Award is made lecture sponsored by the Cornell Com- mark decision in Markman v.Westview possible by an unrestricted gift puter Policy & Law Program. Instruments. Professor Burk’s 2004 Endries Distinguished Lecture on “Expression, from Vance K. Opperman (Class In addition to his presentations at Cor- Selection,Abstraction: Copyright’s Gold- nell, Professor Burk in March presented a of 1969), an outspoken civic and en Braid” is forthcoming in the Syracuse faculty workshop at Northwestern Uni- business leader whose knowledge Law Review, and his Fordham conference versity Law School on “Biotechnology and influence extend into legal, paper on “Open Source Genomics” will Patenting:A Comparative Approach.” He appear in a symposium issue of the Ford- intellectual, political, technological, also participated in the Stanford Law ham Law Review. and economic arenas. School conference on “Biotechnology and Intellectual Property: Current Con- troversies,” where he spoke on patent Dale Carpenter law’s written description doctrine and on Professor Carpenter has published the future directions for biotechnology. following articles:“Four Arguments Against the Federal Marriage Amend- ment,” in St.Thomas Law Review (forth- coming 2005);“The Unknown Past of Visiting Associate Professor Susan Franck (Class of 1998) will Lawrence v.Texas,” in Michigan Law be joining the faculty at the University of Nebraska Law Review (2004);“The Federal Marriage Amendment: Unnecessary,Anti-federal- School.We wish her the best as she begins a productive and ist, and Undemocratic,”The Cato Insti- illustrious career in academia. tute, September 23, 2004 (located at http://www.cato.org/pubs/wtpa- pers/040923paper.html);“Bad Argu-
4 Law Alumni News SPRING 2005 left to right Susan Franck, Richard S. Frase, Daniel Gifford ments for Gay Marriage,” in I Do/I Franck published her article “The Legiti- Don’t: Queers on Marriage (Suspect macy Crisis in Investment Treaty Arbitra- Thoughts Press, 2004). tion: Privatizing Public International Law Through Inconsistent Decisions” in the Fordham Law Review. She also participat- Laura Cooper ed in a conference at the University of Professor Cooper has three co-authored California, Davis, School of Law’s Sym- Dr. David Metzen, Chair of the Board of or co-edited books in the publication posium on “Romancing the Foreign Regents, Michael Stokes Paulsen, and process. In February,West published the Investor BIT by BIT.”She will be speak- second edition of her textbook, ADR in ing at the Institute for Transnational University President Robert Bruininks. the Workplace. She is also a contributor to Arbitration and the American Society of and co-editor of Labor Law Stories, to be International Law’s conference entitled published in May by Foundation Press. Michael Stokes Paulsen “Arbitration and the Involvement of was appointed the McKnight The book presents original historical Non-Parties:Transparency, Intervention research and analysis of fourteen impor- and Appeal.”This summer, Professor Presidential Professor in tant labor law cases. One of her chapters Franck will be speaking at American Law and Public Policy on in the book, written with University of Society of International Law’s 7th Hague South Carolina Law School Professor February 8, 2005. He presented Joint Conference on Contemporary a lecture entitled “The Consti- Dennis R. Nolan, is about the case of Issues of International Law on the sub- Gissel Packing Co. v.NLRB.The chapter ject of ICSID reform. She also has an tution of War.” Professor is based, in part, on archival records of article forthcoming in the American Paulsen teaches and writes in the NLRB and Supreme Court, and on Journal of International Law on the con- the areas of civil procedure, interviews with many of the case partici- troversial case of Occidental Exploration and criminal procedure, legal ethics, pants. It reveals surprising information Production Company v.Republic of Ecuador. about the background and litigation of Professor Franck currently has two works constitutional law, and law and the case.The third book, a collection of in progress:“Into the Woods: Fair and religion. Professor Paulsen also role-playing simulations for teaching Equitable Treatment in Investment Arbi- serves as Associate Dean for mediation and arbitration of workplace tration” addresses the meaning of sub- Faculty Development, and disputes, will be published this summer stantive rights in investment treaties; and, by West. Professor Cooper and Suzanne “Paying The Piper:The Impact of Cost holds the Briggs and Morgan Thorpe co-authored an essay entitled, Shifting and Frivolous Claims in Invest- Professorship in Law. “Researching Labor Arbitration & Alter- ment Treaty Arbitration,” evaluates the native Dispute Resolution in Employ- impact of legal costs and fee shifting on The McKnight Presidential Profes- ment,” which was published in the Fall investment arbitration. 2004 issue of The Employee Advocate and sorships are assigned at the Presi- has also been posted on the web sites of dent’s discretion, and are intended the National Employment Lawyers Asso- Richard S. Frase to attract or retain the best faculty ciation, the AFL-CIO Lawyers Coordi- Professor Frase’s article “Explaining Sen- tencing Severity in Large Urban Coun- in fields of critical importance nating Committee, and the Labor and across the University.These profes- Employment Law Section of the Ameri- ties:A Multilevel Analysis of Contextual can Bar Association. It can also be found and Case-Level Factors,” co-authored sorships are made possible by a at
Law Alumni News SPRING 2005 5 Faculty R&D
left to right Jamie A. Grodsky, Joan S. Howland, Peter Huang
attended the annual meeting of the dealing with the implications of new National Association of Sentencing genetic technologies for environmental Commissions, where he chaired a panel law and regulation. She is also the co-edi- discussion of punishment purposes under tor of a forthcoming book, Genomics and Attorneys from Fredrikson & Byron sentencing guidelines. He also gave a Environmental Policy. Professor Grodsky’s attended the lecture. Pictured left to presentation on the ways in which the recent article,“Genetics and Environ- right are Anne Radolinski (Class of proposed Model Penal Code revisions mental Law: Redefining Public Health,” 1984), Professor David Weissbrodt, build on the lessons learned from a quar- is the first environmental law article to be ter century of successful guidelines published by the California Law Review in Dean Alex Johnson, Laura Danielson reforms in the states. In January 2005, the past four years. Professor Grodsky has (Class of 1989), and Mary Ranum (Class Professor Frase presented a paper on sim- been invited to speak at universities of 1983). ilarities and differences in state guidelines around the country. In February, she systems, at a conference sponsored by the spoke at Stanford Law School, and she is David S. Weissbrodt was Columbia Law Review. scheduled to speak at Duke University, reappointed the Fredrikson the U.C. Davis Law School, and the Uni- versity of Washington Law School. In & Byron Professor of Daniel Gifford January, she co-organized and spoke at a Law on March 2, 2005. He Professor Gifford has been active in the national conference on genetics and envi- addressed “Business and Sedona Conference Working Group on ronmental regulation. In June, Professor the Role of Economics in Antitrust Law. Human Rights” at the reap- Grodsky will present her scholarly work He is currently the team leader that is at a national gathering of environmental pointment. He is a distin- preparing the Introduction to the Work- and natural resources law professors in guished and widely-published ing Group Report. His article,“Govern- Santae Fe, New Mexico. She is also scholar on international human ment Policy Towards Innovation in the involved in state and local environmental United States, Canada, and the European rights law. Professor Weiss- affairs. In May, Professor Grodsky will Union as Manifested in Patent, Copy- speak to the Hennepin County Bar Asso- brodt teaches international right, and Competition Laws,” was ciation. Previously, she provided scholarly human rights law, administrative recently published by the SMU Law perspective on the Reserve Mining case at law, immigration law, and torts. Review and his article,“How do the the thirty-year retrospective on Reserve His first appointment to the Social Benefits and Costs of the Patent Mining sponsored by the Minnesota State System Stack Up in Pharmaceuticals?,” Bar Association.The lawyers, judges, and Professorship was in 1998. was recently published by the Journal of scientists involved in this landmark case Intellectual Property Law. He has been were present at the event. The Fredrikson & Byron Professor- working with Humphrey Institute Pro- ship in Law was created in 1990 fessor Robert Kudrle on a comparison of the merger standards used by the antitrust Joan S. Howland by the law firm of Fredrikson & enforcement authorities in the United Professor Howland will present a paper Byron, with the aim of helping the States, Canada, and the European Union. entitled “Time to Hold’em or Fold’em?: Law School attract and retain a Their article “Rhetoric and Reality in American Indian Gaming and the the Merger Standards of the United Explosion of Internet Gambling” at the legal scholar of great stature. 2005 Sovereignty Symposium, sponsored Established in 1948, the firm is States, Canada, and the European Union” has just been published by the Antitrust by the Oklahoma Supreme Court. She now one of the largest in the Law Journal. Currently Professors Gifford also will be a keynote speaker on issues Upper Midwest and is recognized and Kudrle are undertaking two projects, associated with the technological and one exploring how aggregate national information needs of indigenous popula- internationally. Fredrikson & Byron tions at an upcoming symposium spon- and its lawyers also fund a major economic interests may affect approaches to antitrust and the other exploring the sored by the National Library of scholarship endowment at the legal and economic impact of bundling. Argentina. She will serve as a delegate Law School. Professor Gifford is also currently com- from the American Indian Library Asso- pleting a study of labor policy. ciation to the Fourth International Indigenous Librarians Forum being held in September in Regina, Saskatchewan, Jamie A. Grodsky Canada. Professor Howland has complet- Jamie Grodsky is a Co-Investigator and ed a forthcoming article “Diversity, Men- the Principal Investigator for the Univer- toring, and Leadership:The Essential sity of Minnesota on a major NIH grant Trinity for Librarianship in the 21st
6 Law Alumni News SPRING 2005 left to right Robert Levy, John H. Matheson, Fionnuala Ní Aoláin
Century.” Professor Howland continues nesota Corporation Law and Practice (with to serve as a member of the American Philip S. Garon). He also published sev- Bar Association Section on Legal Educa- eral articles, including “The Limits of tion and Admission to the Bar Accredita- Business Limited Liability: Entity Veil tion Committee and as a member of the Piercing and Successor Liability Doc- Association of American Law Schools trines,” in William Mitchell Law Review Committee on Curriculum and (2004) and authored the “American Bar Guy-Uriel Charles with Beth and Research. In addition to serving as Trea- Association,”“Common Law,”“Directed surer and an Executive Board member, Verdicts,”“Freedom of Contract” and Russ Bennett she is Co-chair of the Scholarship and “Summary Judgment” entries in The Nominations committees for the Ameri- Encyclopedia of Civil Liberties in America Guy-Uriel E. Charles was can Indian Library Association. (M.E. Sharpe, Inc. 2005), David Schultz named the Russell M. and and John R.Vile, editors. He was induct- ed into the Illinois State University (his Elizabeth M. Bennett Peter Huang Professor of Law on April Professor Huang’s article “Moody Invest- undergraduate alma mater) College of ing and the Supreme Court: Rethinking Arts and Sciences Hall of Fame. 6, 2005. Charles addressed Materiality of Information and Reason- “Democracy and Defect:Why ableness of Investors,” has just been pub- Fionnuala Ní Aoláin Single-Member Districting is lished in 13 Sup. Ct. Econ. Rev 99 This Spring, Professor Ni Aolain has Unconstitutional” at his instal- (2005). He also published the book acted as a consultant to the International lation to the Russell M. and chapter “Regulating Irrational Exuber- Council of Human Rights Policy (an ance and Anxiety in Securities Markets,” influential Geneva-based think tank) on Elizabeth M. Bennett Chair of in The Law and Economics of Irrational the issue of Human Rights in Peace Excellence. He is an Associate Behavior 501 (Francesco Paresi & Vernon Agreements. She has also been asked by Professor at the Law School Smith eds., 2005). He made the follow- the International Center for Transitional and a Faculty Affiliate at the ing presentations:The Unexpected Value Justice in New York to provide expert of Litigation:A Real Options Model of advice on the relationship between polit- Center for the Study of Politi- Litigation, with Joseph A. Grundfest, at ical violence and gender in Transitional cal Psychology. Professor Marquette University Law School (Feb. Societies. She has published an article Charles teaches and writes in 4, 2005); Regulating Moody Investing in entitled “The Paradox of Democratic the areas of constitutional law, Securities Markets, at the Securities Reg- Transitions” in the Human Rights civil procedure, election law, ulation panel,Association of American Quarterly. Law Schools Annual Meetings, San Fran- law and politics, and race. cisco (Jan. 6, 2005); and The Unexpected Michael Stokes Paulsen Value of Litigation, with Joseph A. The University of Minnesota Foun- Grundfest, at the University of Southern This fall, Professor Paulsen was named California Law and Economics Work- the McKnight Presidential Professor of dation created this University chair shop (Dec. 6, 2004). Law and Public Policy, a prestigious Uni- to recognize Russ and Beth Ben- versity-wide chair. On February 8, Pro- nett’sextraordinary volunteer serv- fessor Paulsen presented his inaugural ice to the University of Minnesota, Robert Levy chair lecture as McKnight Presidential Professor Levy is teaching Family Law at Professor, entitled “The Constitution of and specifically to honor Russ for Florida International University Law War.” During academic year 2004–2005, serving as the chair of both of the School this Spring. He has also written a Professor Paulsen presented papers or lec- University’s highly successful capi- chapter of a book on sexual abuse that tures at the Harvard Law School (Feder- tal campaigns. Russ and Beth will be published at the end of March. In alist Society national student symposium) May, Carolina Academic Press will be (“The Lawfulness of the Geneva Con- earned undergraduate degrees publishing a new version of the Mental vention and Torture Memos”), NYU from the University of Minnesota, Health Aspects of Custody Law book that Law School (same), Fordham Law School and Russ graduated from the Law Professor Levy wrote with two lawyers (same), the University of St.Thomas Law and six child psychiatrists. School in 1952.The chair is School (same), Michigan State University designed to support a rising schol- Law School (“Beyond the Ten Com- John H. Matheson mandments: Religious Liberty Under the ar with an interdisciplinary focus Professor Matheson published the second Constitution”), Northwestern University who demonstrates excellence in edition of his two-volume treatise, Min- School of Law (“The Judicial Activism teaching, advising, and research.
Law Alumni News SPRING 2005 7 Faculty R&D
Faculty Works-in-Progress left to right Michael Stokes SPRING 2005 Paulsen, E.Thomas January Sullivan, Kevin K. Washburn 20 Professor Kent Roach University of Toronto Abolition Act”) the University of Penn- ciation conference on gaming law, held School of Law sylvania Law School (“Four Constitu- in Las Vegas, Nevada. He also made a Miscarriages of Justice in the War tional Questions About Vouchers—and presentation to academics and attorneys Against Terror their Right Answers”), and the University at the Indian Country Law Conference of Minnesota Law School faculty works- in Miami, Florida, sponsored by the 27 Professor Heidi in-progress program (“It’s a Girl,” co- Miccosukee Tribe of Florida and the authored draft with attorney Erin Min- Center for Indigenous Law, Governance Kitrosser kler, Class of 2002). & Citizenship of the Syracuse University Brooklyn Law School College of Law. In January, the Federal Containing Unprotected Speech Sentencing Reporter published a mini-sym- E.Thomas Sullivan posium on Professor Washburn’s proposal This summer the 2005 Supplement to that tribal convictions be respected treat- February Professor Sullivan’s Antitrust Law, Policy & ed like federal and state convictions for 3 Professor Kathryn Procedure (with H. Hovenkamp) will be purposes of evaluating a defendant's published.The book is the leading Sikkink criminal history at sentencing. Following antitrust casebook used in American law Professor Washburn’s article were University of Minnesota, Political schools. In January, Professor Sullivan Science Department response pieces by two federal district joined the LexisNexis Editorial Advisory court judges, a federal circuit court U.S.Compliance with International Board. He continues to work on a book judge, and a federal public defender. In Human Rights Law on the subject of the doctrine of propor- March, Professor Washburn participated tionality in the United States, co- in the Center for Civic Education’s 10 Professor Myron Orfield authored with Professor Richard Frase. annual Scholar’s Conference in Santa University of Minnesota and On March 17, his article “Access to Monica, California. Professor Washburn Excellence” appeared in the St. Paul Pio- is working with the Center to improve Director, Institute on Race and neer Press. In April, he chaired the ABA Poverty its national civics curriculum by incor- reinspection team at the University of porating discussion of the nation’s “third Racial Integration and Community Chicago Law School. He also continues sovereign,” i.e., Indian tribes, into their Revitalization:Applying the Fair to serve as Provost of the University. materials, which teach principles of Housing Act to the Low Income American government to elementary, Housing Tax Credit Kevin K.Washburn middle school, and high school students. In September, Professor Washburn pub- During the last few months, Professor 17 Professor Reva Siegel lished an op-ed piece in the Star Tribune Washburn saw several works previously Yale Law School on the Governor’s proposal to obtain a mentioned in these pages finally make it into print, including pieces in the Gam- Roe as a Sex Equality Opinion share of Indian gaming revenues. He appeared on Twin Cities Public Televi- ing Law Review, the New Mexico Law sion’s Almanac program in early Octo- Review, the Tulsa Law Review and the 24 Professor Kirsten ber, and later that month was inter- William Mitchell Law Review. His current Carlson, University of viewed by Greta Cunningham on the scholarly agenda involves a series of arti- Minnesota Law School “All Things Considered” program on cles on the dysfunctional aspects of the Does Constitutional Change Matter? Minnesota Public Radio. In December, federal criminal justice system in Indian A Preliminary Assessment of the Professor Washburn discussed some of his country, and an exploration of the broad- ideas about federal sentencing at a er implications of these problems—not Impact of the Constitutional only for federal Indian policy, but also for Recognition of Aboriginal Rights on national conference in Palm Springs (sponsored by the United States Depart- federal criminal justice. the Litigations of Aboriginal Title ment of Justice) for victims of crimes, Claims in Canada prosecutors and victim-witness advo- David Weissbrodt cates.At the annual conference of Min- Professor Weissbrodt began teaching in nesota judges, he made a presentation on January 2005 after finishing his sabbatical the new Minnesota rule on recognition during the calendar year 2004. In January of tribal court judgments. He also Professor Weissbrodt was informed by addressed the annual Human Rights Day the U.N. Secretary-General that he had Forum in St. Paul, sponsored by the State been appointed to serve as a Member of of Minnesota Department of Human the Board of Trustees of the United Rights. In February, Professor Washburn Nations Voluntary Trust Fund for Con- addressed an annual American Bar Asso- temporary Forms of Slavery for the peri-
8 Law Alumni News SPRING 2005 Faculty Works-in-Progress, cont. March 3 Professor Eric A. Posner University of Chicago Law School left to right David Weissbrodt, Should Coercive Interrogation Be Susan M.Wolf, Legal? Jane E. Kirtley 10 Professor Alan Sykes od 2005–07. In mid-January, Professor ed Suicide” to the Archives of Internal University of Chicago Law School Weissbrodt helped to organize and par- Medicine. She published an op-ed in the Public vs.Private Enforcement of ticipated in a conference in Copenhagen St. Paul Pioneer Press on “What ‘Million entitled “Transatlantic Dialogue on Dollar Baby’ Says About Disability and International Economic Law:Of Human Rights,” in which scholars from Death.” She served on the planning Standing and Remedy Europe and the United States considered committee for and led a working group how to bridge the gap that is developing at a meeting jointly sponsored by the 24 Professor David Luban between the perspectives of the United National Institutes of Health (NIH) and Georgetown University States and Europe on human rights, ter- Stanford University on “Detection and Law Center rorism, and national security. Professor Disclosure of Incidental Findings in Lawyers As Upholders of Human Weissbrodt prepared a paper on national Neuroimaging Research,” which will security and terrorism which became produce a number of publications. Pro- Dignity (When They Aren’t Busy part of the basis for the conference dis- fessor Wolf was reappointed to another Assaulting It) cussion. In February,Weissbrodt was the two-year term as Chair of the Universi- keynote speaker at the 19th annual sym- ty’s Consortium on Law and Values in 31 Professor Brian Bix posium on corporate law at the Univer- Health, Environment & the Life Sciences University of Minnesota Law sity of Cincinnati Law School. He was and Director of the University’s Joint School invited to speak on corporate social Degree Program in Law, Health & the Contract Law Theory responsibility and human rights.Weiss- Life Sciences.The programs are sponsor- brodt’s remarks will appear in the next ing eleven events this year, including two volume of the Cincinnati Law Review.In upcoming conferences: an April 18 con- April ference on “Proposals for the Responsi- March,Weissbrodt presented a lecture at 8 Professor A.W.Brian the Law School on “business and human ble Use of Racial and Ethnic Categories rights,” in recognition of his reappoint- in Biomedical Research:Where Do We Simpson ment as the Fredrikson & Byron Profes- Go From Here?” co-sponsored by the University of Michigan Law sor of Law at the University of Minneso- University’s Center for Bioethics and the School ta.As a result of Weissbrodt’s work with Minnesota Department of Health’s Shooting Felons: Law,Practice, Adjunct Professor Laura Danielson (Class Office of Minority and Multicultural Official Culture andPerceptions of 1989) during 2004,West/Thomson Health, and a May 20 conference on of Morality published the fifth edition of the Nutshell frontier issues in law and science, on on Immigration Law and Procedure.The which she has collaborated with Profes- fifth edition takes into account the large sor Jim Chen and others. In May, she 14 Professor Vikramaditya number of developments in immigration and Professor Jeffrey Kahn, Director of Khanna law since the brutal attacks of September the University’s Center for Bioethics, University of Michigan Law 11, 2001.Weissbrodt also published a will co-host an invitational meeting for School brief article in Constitutional Commen- approximately 50 directors of leading Corporate Defendants and the tary on the Supreme Court’s use of bioethics and health law efforts around Protections of Criminal Procedure: treaties and other international sources. the country on the future of the field. That meeting is slated to result in a con- An Economic Analysis sensus publication. Professor Wolf contin- Susan M.Wolf ues to serve on the Ethics Committee of 20 Professor Stanley L. Professor Wolf published “Physician- the American Society of Reproductive Paulson Assisted Suicide” in Clinics in Geriatric Medicine (ASRM) and play a significant Washington University Medicine. She also submitted an article role in drafting Committee position entitled “Doctor and Patient:An Unfin- School of Law papers for publication in Fertility & Steril- The Theory of Public Law in ished Revolution” for a symposium in ity; she is now leading work on a paper honor of Professor Jay Katz, based on a on therapeutic innovation. Germany 1914–1945+ Fall 2004 talk she gave at Yale Law School. Professor Wolf published “The 21 Professor Jose Alvarez Minnesota Journal of Law, Science & Technol- Affiliated Faculty Columbia University ogy:A New Kind of Interdisciplinarity” School of Law in the inaugural issue of the Minnesota Jane E. Kirtley Journal of Law, Science & Technology,of Professor Kirtley gave a lecture entitled The Promise and Perils of which she is Executive Editor. She sub- “Libraries, the First Amendment and International Organizations (chapter mitted “Assessing Physician Compliance Intellectual Freedom,” at the Minnesota of forthcoming book) with the Rules for Euthanasia and Assist- Library Association’s annual meeting on
Law Alumni News SPRING 2005 9 Faculty R&D
left to right Elizabeth Heger Boyle, Bernard M. Levinson, Scott McLeod
Oct. 6, 2005. Paper presentations include: law in the United States. She published “Plus Ça Change, Plus C’est La Meme “Formal Legality and East African Immi- Chose:A Reflection on Reporter’s Priv- grants’ Perceptions of the War on Terror” ilege in the United States,” Canadian in Law & Inequality and presented “Legal National Media Law Conference,Toron- Pluralism & Legal Consciousness: Mus- to, Nov. 20, 2004;“Comity, Shmomity: lim Migrants in America,” at the Ameri- Will U.S. Courts Continue to Refuse to can Sociological Association meetings in Tribute to Professor Enforce Foreign Libel Judgments?” at San Francisco. Professor Boyle received Bart Koeppen “New York Times v.Sullivan Forty Years the Robert and Clarissa Rees Alumni After,” University of Oregon School of Award from the University of Iowa for Bart Koeppen passed away on Law, Oct. 8, 2004. She participated on her research in the area of women’s November 15, 2004, at the age of the following panels:“Between Security human rights. Her book on female geni- 71. He was a professor at the Uni- and Openness: Should There be Limits tal cutting will be reprinted in a paper- versity of Minnesota Law School to Freedom of Expression and Freedom back edition in 2005. Professor Boyle is from 1968 to 1996, and was con- of Information?” at the International on the Board of Trustees of the Law & sidered an expert in corporate Conference on Freedom of Expression Society Association. She is also currently and securities law. in Cyberspace, UNESCO, Paris, France, the Book Review Editor of the Law & February 4, 2005;“What Do E-Voting Society Review. Professor Koeppen received a Machines Know About My Vote?” at “E- B.A. degree from the University of lection 2004: Is e-voting ready for prime Bernard M. Levinson time?” at John Marshall Law School, Oregon, and an LL.B. degree Phi Professor Levinson is currently on sab- Oct. 1, 2004. She was also a facilitator for Beta Kappa from Stanford Law batical, conducting research on his next two separate workshops on “Hot Issues School, where he served as Note book, Revelation and Redaction:The Role of in Ethics” at the 10th Annual Confer- Editor of the Stanford Law Review Intellectual Models in Biblical Studies.The ence of the American Bar Association’s and was a member of the Order intellectual history of law in the ancient Forum on Communications Law, Boca of the Coif. Professor Koeppen Near East plays a central role in this Raton, Florida, Jan. 14–15, 2005. Profes- was admitted to the California study. In the meantime, Professor Levin- sor Kirtley was the recipient of the bar in 1963 and clerked for the son has had a very successful year of Matrix Foundation Edith Wortman First Honorable Ben C. Duniway of publication and conference presentations. Amendment Award at the Association for the United States Court of A new volume that he co-edited has just Women in Communication annual appeared, and contains leading interna- Appeals for the Ninth Circuit in meeting in Charlotte, NC, Oct. 7, 2004. tional scholarship, including the signifi- San Francisco. She has also been widely quoted in (or cance of the Decalogue and the role of appeared on) numerous media outlets, Professor Koeppen was an associ- biblical law and ethics in contemporary, including CNN’s Paula Zahn Now, Los ate attorney with Brobeck, secular society.This volume is entitled: Angeles Times, San Francisco Chronicle, Phleger & Harrison in San Fran- Recht und Ethik im Alten Testament (Mün- Chicago Tribune, Chicago Sun-Times, New cisco for five years before joining ster/London: LIT Verlag, 2004). His own York Sun, Boston Phoenix, Hollywood the faculty at the University of contribution to the volume is entitled: Reporter, Bloomberg Wire Today, Minneapo- Minnesota Law School.At the Law “The Metamorphosis of Law into lis Star Tribune, National Catholic Reporter, School, he taught business organi- Gospel: Gerhard von Rad’s Attempt to Louisville Courier-Journal, Reuters,Amer- zations, corporations, governmen- Reclaim the Old Testament for the ican Public Media’s Future Tense, Slate, tal regulation of banking, and Church” (Douglas Dance, co-author). Associated Press, Quill magazine, ABA Drawing on archival material that has securities regulation. He was a Journal, New York Law Journal, Fulton become available only since Germany’s Visiting Professor at the Universi- County Daily Report, Minnesota Public reunification, the article investigates the ty of California at Davis from Radio’s Midmorning and Midday shows, transformation of the University of Jena 1973–74. He was on leave from KARE-11 and WCCO newscasts. Pro- into “a stronghold of National Socialism” the Law School beginning in 1996. fessor Kirtley was also profiled as one of during the period 1934–45 in Gemany. “10 Minnesotans Who Are Changing Professor Koeppen’s wit enlivened Under duress, Gerhard von Rad fought Our Lives” in March 2005 issue of Min- countless conversations, and he to maintain academic integrity.This nesota Monthly magazine. will be remembered by his stu- famous scholar’s understanding of biblical dents, the faculty, and the staff at law was strongly influenced by this situa- the University of Minnesota Law Elizabeth Heger Boyle tion.This year also saw another one of School. Elizabeth Heger Boyle continues to Professor Levinson’s co-edited volumes explore immigrants’ experiences with appear in paperback format: Gender and
10 Law Alumni News SPRING 2005 30, 2005 as part of their Indian Week fes- tivities. He appeared on a panel discussing tribal sovereignty and federal recognition at the University of Virginia on March 18, 2005.The event was the Fifth Annual Virginia Indian Nations Summit on Higher Education, co-sponsored by the left to right American Indian Studies Program at Vir- William Scheuerman, ginia Tech,the Virginia Council on Indi- David E.Wilkins ans, and the University of Virginia. He was on a panel discussing tribal sover- Law in the Hebrew Bible and the Ancient about to begin a new study of technolo- eignty and gave a dinner address at the Near East (T. & T. Clark).An extensive gy coverage in Educational Leadership 2nd Annual Ivy Native Council Confer- analysis of the earliest legal code in the preparation programs’ school law courses. ence,“Honoring Our Ancestors: Bible and its relationship to the famous Strengthening Our Communities:A Call law “code” of Hammurabi was also pub- to Action,” hosted by Native Americans lished:“Is the Covenant Code an Exilic William E. Scheuerman Professor Scheuerman’s book Liberal at Brown.The event was held at Brown Composition? A Response to John Van University, Providence, Rhode Island, Seters,” in In Search of Pre-Exilic Israel. Democracy and the Social Acceleration of Time, which focuses on the impact of February 18–20, 2005. Professor Wilkins Professor Levinson received a Summer was the featured guest at the National Research award from the National increasingly high-speed social and eco- nomic practices on liberal democratic Museum of the American Indian’s Native Endowment for the Humanities, and had Writer Series on December 1, 2004. He the great honor to offer an hour-long political and legal institutions, appeared with Johns Hopkins University Press also gave two talks at Michigan State plenary lecture to the International University, East Lansing, MI on October Organization for the Study of the Old during the summer of 2004. Professor Scheuerman also published an essay on 21, 2004.The first was noon speech at Testament,in Leiden, Netherlands, in the MSU College of Law on Indigenous early August. In November, at the Soci- the German theorist Carl Schmitt’s cri- tique of international law in the political political participation in American elec- ety of Biblical Literature’s Annual Meet- toral politics; the second was an evening ing in San Antonio, in light of the cur- theory journal Constellations (December 2004), as well as an essay on regulatory address to the larger MSU intellectual rent Supreme Court case, he chaired a community emphasizing the distinctive special panel discussion on the issues law and democratic politics,“Democratic Experimentalism or Capitalist Synchro- relationship between tribal nations and raised by the public display of the Ten state governments. ✷ Commandments. nization?,” in the Canadian Journal of Law and Jurisprudence (January 2004). He is presently writing a monograph on Hans Scott McLeod Morgenthau, an influential critic of tradi- Dr. Scott McLeod was named as the tional liberal models of international law. Director of the new Center for the Advanced Study of Technology Leader- ship in Education (CASTLE) by the David E.Wilkins University Council for Educational Professor Wilkins will be the Gordon Administration (UCEA). Dr. McLeod Russell Visiting Professor in the Native also was named as a finalist for Cable in American Studies Program at Dartmouth the Classroom’s Leaders in Learning University for the fall term of the General Excellence Award because of his 2005–06 academic year. In June, he will work with the university’s federally- teach a two-week course at Wake Forest funded School Technology Leadership University,Winston Salem, NC, titled Initiative. Dr. McLeod received over “American Indian Sovereignty in Inter- $350,000 in external funding, including disciplinary Perspective” from June grants to study K–12 virtual schools and 13–June 30.The course will include col- the data-driven decision-making readi- lege students and tribal members from ness of Minnesota educators. He also is across the state. He has several book man- serving as the evaluator of the Rochester uscripts in progress, including The Legal Public Schools’ federal Smaller Learning Universe, co-authored with Vine Deloria, Communities grant and the Northwest Jr. (anticipated completion date Spring Minnesota INFOCON consortium’s 2006) and Documents of Indigenous Political Enhancing Education Through Technol- Development: 1500s to 1933 (anticipated ogy grant from the Minnesota Depart- completion date Fall 2005). Professor ment of Education. Dr. McLeod gave Wilkins was the discussant for three numerous presentations at UCEA’s papers on a panel session titled “Activists annual convention and at the annual & Manipulators:Twentieth-Century TIES state educational technology con- American Indian Politics II,” at the 2004 ference, and is serving as a mentor for Annual Meeting of the American Society the university’s Next Generation of the for Ethnohistory that took place in Professoriate program. He continues his Chicago, IL in October 27–31. He gave a work with the Chicago, Minneapolis, St. keynote address at New Mexico State Paul, and Osseo school districts and is University, Las Cruces, NM on March
Law Alumni News SPRING 2005 11 Faculty Focus
❯ Faculty Profile
Jim Chen Associate Dean for Academic Affairs and James L. Krusemark Professor of Law
rofessor Jim Chen’s lectures have Jim Chen is the James L. Krusemark Professor of Law. Lucille Dondore spanned 13 countries, four conti- created the James L. Krusemark Chair in Law to honor her brother, James Pnents, and three languages Krusemark (Class of 1926).After graduation from Law School, Krusemark (French, German, and English). But on entered private law practice in the Twin Cities for four years then served a recent morning, the language that seemed to matter most to his students as Assistant United States Attorney in St. Paul.When World War II arrived, at the University of Minnesota Law he was selected for Officer Candidate School, entered the Army Air School was American English’s south- Corps, and served in the Office of the Judge Advocate General and in nine ern dialect—or at least the Chen varia- different countries overseas. He later moved to the foot of the Rocky tion thereof. Mountains, working for the Drake Hotel and Dunkee Realty Company in Denver, Colorado. He returned to Minnesota in the 1970s, again doing During a discussion of the 1964 Civil private practice work near his birthplace of Truman, Minnesota. Lucille Rights Act in his statutory interpreta- Dondore’s generous gift in her brother’s name enables the Law School to tion class, Chen jotted the word “Mis- sissippi” on the chalkboard, and strengthen its nationally renowned faculty, benefiting the students and the warned his charges against pronounc- continued quality of the institution. ing it with a Yankee-inflected four syl- lables when traveling south of the court might use to decide a case, you professor. In 1998, he was designated a Mason-Dixon line.The correct pro- will lose and be exposed as an inade- Vance K. Opperman Research Scholar. nunciation there? “Miss-Hippy.” quate lawyer,” Chen said. He was appointed the James L. Kruse- mark Professor of Law in 2001. Last “How you like Miss-Hippy?” he Professor Chen has considerable insight year, Chen was named associate dean, drawled, by way of demonstration.“I into how courts decide cases.After which means he’s now involved in the like it just fiiiiine, suh.” graduating magna cum laude from Har- coordination of the law school’s cur- vard Law School in 1991, he served as riculum, faculty resources, and research The moment elicited giggles from a law clerk for Judge J. Michael Luttig agenda. Professor Chen is also director dozens of students happy to take a at the U.S. Court of Appeals for the of special projects for the University’s brief respite from studying filibusters, Fourth Circuit, and then for Justice Consortium on Law and Values in cloture, and other intricacies of the Clarence Thomas at the U.S. Supreme Health, Environment & the Life Sci- legislative process. Court.The latter experience, during ences and faculty editor-in-chief of the the high court’s October 1992 term, new Minnesota Journal of Law, Science & A few moments after the “Miss- was a rare chance to witness a justice Technology. Hippy” lesson, Chen launched into an pondering constitutional complexities. imitation of the staunch segregationist Chen was impressed. “I’m very pleased to be working on Senator James Eastland.While equally issues that are central to the faculty and, entertaining, the blustering served an “No former clerk would agree with by extension, to the law school’s mis- educational purpose by shining light him on everything,” Chen said.“But I sion,” he said. on the tenor of the times. Professor think [Thomas] would make an effec- Chen wants his pupils to know there’s tive Chief Justice. He has good legal During the past twelve years, Chen has more to understanding legislation than and human instincts, and a deep taught and written in the areas of admin- memorizing the text of a statute. knowledge of the law.” istrative law, agricultural law, constitu- tional law, criminal law, economic regula- “If you ignore legislative history or In 1993, the University of Minnesota tion, environmental law, industrial policy, other pertinent information that a Law School hired Chen as an associate and legislation/statutory interpretation.
12 Law Alumni News SPRING 2005 Faculty Focus
“I’m not terribly focused,”he confesses.
Perhaps that’s why his favorite U.S. Faculty In Print Supreme Court case is Wickard v.Fil- burn, a 1942 decision on grain subsidies Publications by the full-time, visiting, that involved several legal issues, library and affiliated faculty. including how much power the federal government has to regulate interstate January 1, 2004 through January 30, 2005 commerce. Others might be drawn to “hot-button” First Amendment cases, Edward S.Adams Louise Fellows). but Chen finds himself attracted to Books Articles and Book Chapters (among other things) agriculture cases. Bankruptcy Practice Manual (2004 The Wrong Way to Equality: Privileging ed.). In an Emory Law Journal article on the Consent in the Trafficking of Women for Sex- Articles and Book Chapters ual Exploitation, 27 Harv.Women’s L. J. 37 subject, he wrote,“Those who suc- (2004). cumb to a wealthy society’s ‘intellectual Contracting Around Finality:Transforming hostility…to the study of “farm” law’ Price v. Neal from Dictate to Default, 89 A Man’s Home is His Castle: How the Law Shelters Domestic Violence and Sexual will fail to appreciate the numerous Minn. L. Rev.163 (2004) (with Christo- pher M. Grengs). Harassment, 23 St. Louis U. Pub. L. Rev. constitutional landmarks that have aris- 77 (2004). en from seemingly humble disputes.” Beverly Balos Stephen F.Befort Chen’s intellectual curiosity also led Books Books him to organize a symposium on envi- Law and Violence Against Women: ronmental law at the University in Cases and Materials on Systems of Employment Law and Practice (Supp. 2002, and to edit a book on the topic: Oppression (Supp. 2004) (with Mary 2004) The Jurisdynamics of Environmental Pro- tection: Change and the Pragmatic Voice in Environmental Law. Law and Violence Against Women Cases and Materials on Systems of Oppression In that work, the former executive (Supplemented in 2004) editor of the Harvard Law Review By Beverly Balos and Mary Louise Fellows argues against legal tunnel vision:“Law Carolina Academic Press can never fully insulate itself from the This book grew out of the authors experience co-teach- impact of societal and technological ing a seminar on gender and the law.As the seminar change.” evolved over the years, the authors realized that concen- trating on violence against women brings into sharp focus No matter his subject area, Chen how violence operates on a continuum to inflict harm and believes he’s making a contribution to constrain women’s lives. Isolating women’s experiences society.“I hope what I’m doing con- into separate categories of battering, sexual harassment, tributes to the alleviation of misery,” rape, prostitution, and pornography tends to obscure the he said. ✷ pervasiveness of violence—or the threat of violence—in women’s lives. Centering wholly on violence uncovers the interrelationships between harms that traditionally are By Todd Melby. Melby is a Minneapolis-based freelance writer and independent radio viewed as separate and distinct phenomena. It shows how producer. one form of violence supports other forms and how all forms share the same social dynamics. It also shows how legal and social responses to one form of violence against women may influence, negatively and positively, behavior ❯ and attitudes about other forms. Materials are brought 200 together that provide a context for extended thought and discussion about the operation of the continuum, the More than 200 interconnections among the various forms of violence, and the particular forces functioning within each form. The issues are raised in the context of the intersection of legal texts and class, gender, race, and sexuality and, to a lesser extent, questions any analysis that does not take into account the 2,000 articles perspectives of women with disabilities.This book gives a fascinating historical view of how women have been per- published by ceived in the western world, and how those notions are changing. It is excellent for any course on women and the faculty members. law, gender and the law, feminist theory, or how society and laws control women.
Law Alumni News SPRING 2005 13 Faculty Focus
Ann M. Burkhart A Dictionary of Legal Theory Books Fundamentals of Property Law (2nd Edited by Brian H. Bix ed. 2004) (with teacher’s manual) (with Oxford University Press Barlow Burke & R.H. Helmholz). Modern legal theory contains a wide range of approaches Real Property in a Nutshell (5th ed. and topics: from economic analysis of law to feminist legal 2005) (with Roger Bernhardt). theory to traditional analytical legal philosophy to a range Black Letter on Property (5th ed. of theories about justice.This healthy variety of jurispru- 2005) (with Roger Bernhardt). dential work has created a problem: students and theo- rists working in one tradition may have difficulty under- standing the concepts and terminology of a different tra- Dale Carpenter dition.This book works to make terminology and ways of Articles and Book Chapters thinking accessible. The Value of Institutions and the Values of This dictionary covers topics from the “autonomy of law” Free Speech, ___ Minn. L. Rev.___ to the “will theory of rights,” from “autopoiesis” to (forthcoming 2005). “wealth maximization,” and from “John Austin” to “Ludwig Four Arguments Against the Federal Marriage Wittgenstein.” The most important concepts and ideas Amendment, ___ St.Thomas L. Rev.___ are presented in a simple dictionary format.There are (forthcoming 2005). also many longer entries, where the initial definition gives an accessible explanation, but the entry goes on to give The Unknown Past of Lawrence v Texas, more detailed information about the history of an idea 102 Mich.L. Rev.1464 (2004). and the debates currently surrounding it. Is Lawrence Libertarian?, 88 Minn. L. Rev.1140 (2004). Articles Encyclopaedia of Jurisprudence, Legal The Antipaternalism Principle in the First Theory, and Philosophy of Law (Alek- Amendment, 37 Creighton L. Rev.579 A New Voice for the Workplace:A Proposal (2004). for an American Works Councils Act, 69 Mo. sander Peczenik, ed.), http: L. Rev.607 (2004). www.ivr.encyclopedia.2003.net The Federal Marriage Amendment: Unneces- At the Cutting Edge of Labor Law Preemp- Legal Positivism, in Blackwell Guide to sary,Anti-federalist, and Undemocratic,The tion:A Critique of Chamber of Com- the Philosophy of Law and Legal Cato Institute, September 23, 2004 merce v. Lockyer, 20 Lab. Law. 107 Theory 29–49 (Martin P.Golding & (located at (2004) (with Bryan Smith). William A. Edmundson, eds., 2004) http://www.cato.org/pubs/wtpa- pers/040923paper.html). Employment Discrimination Remedies and The Public and Private Ordering of Tax Gross Ups, 90 Iowa L. Rev.67 Marriage, 2004 University of Chicago Bad Arguments for Gay Marriage, in I Do/I (2004) (with Gregg Polsky). Legal Forum 295. Don’t: Queers on Marriage (2004). Background Rules, Incompleteness, and Inter- Other vention: Comment on Kostritsky, 2004 Guy-Uriel E. Charles Advanced Supreme Court Update, Labor Wisc.L.Rev.37. and Employment Law Institute 2004 § 2 Articles and Book Chapters (Minnesota CLE). Colored Speech: Crossburnings, Epistemics, Dan L. Burk and the Triumph of the Crits? __ Geo. L. J. The Americans with Disabilities Act: The Articles and Book Chapters Most Troublesome Issues, Labor Law and __ (forthcoming). Labor Arbitration 2004 ch. 18 (Labor DNA Rules: Legal Implications of Biological Judging Politics, __ Mich. L. Rev.__ Arbitration Institute 2004). “Lock-Out” Systems, 90 Cal. L. Rev.__ (forthcoming). (2004). Public Sector Update 2003–04, Public Colorblindness from the Original Position, __ Sector Labor & Employment Law § 3 Intellectual Property and the Firm, 71 Tul. L. Rev.__ (forthcoming) (sympo- (Minnesota CLE). U.Chi. L. Rev.3 (2004). sium). Supreme Court to Decide Contingent Fee Open Source Patenting, 1 J. Int’l Biotech. Law, Politics, and Judicial Review, __ J. Tax Issue, 32 Lab. & Emp. L. 7, (2004) L. 221 (2004) (with Sara Boettiger). Legis. __ (forthcoming). (with Gregg Polsky). Biotechnology’s Uncertainty Principle, 54 Reexamining Section 5 of the Voting Rights Case W.Res. L. Rev.691 (2004) (with Act, in Pildes and De LaGarza,The Brian Bix Mark A. Lemley). Future of Section 5 (forthcoming). Books Legal Constraint of Genetic Use Restriction Congressional Representation of Black Inter- Technologies, 6 Minn. J. L. Sci. & Tech. 254 A Dictionary of Legal Theory (2004). ests: Recognizing the Importance of Stability, (2004). 66 J. Pol. 2004(with Vincent Hutchings Family Law: Cases,Text, Problems, (4th Feminism and Copyright in Digital Media, & Harwood McClerking) (forthcoming). ed., 2004) (with Ira M. Ellman, Elizabeth in Intellectual Property Rights in a Scott, Paul Kurtz & Lois A.Weithorn) Networked World:Theory and Prac- Articles tice 161 (Richard Spinello & Herman Tavani eds., 2004). Legal Theory—Types and Purposes, IVR
14 Law Alumni News SPRING 2005 Faculty Focus
Jim Chen Laura J. Cooper ine L. Fisk, eds., 2005) (with Dennis R. Articles and Book Chapters Book Nolan). Conduit-Based Regulation of Speech, 54 ADR in the Workplace (2nd ed. 2005) The Enduring Power of Collective Rights, in Duke L.J. (forthcoming 2005). (with Dennis R. Nolan and Richard A. Labor Law Stories (Laura J. Cooper & Bales). Catherine L. Fisk, eds., 2005) (with Legal Mythmaking in a Time of Mass Catherine L. Fisk). Extinctions: Reconciling Stories of Origins Workplace ADR Simulations and with Human Destiny, 29 Harv.Envtl. L. Teacher’s Guide (2nd ed. 2005) (with Rev. (forthcoming 2005). Carolyn Chalmers). Barry C. Feld Mastering Eliot’s Paradox: Fostering Cultural Labor Law Stories (2005) (ed. with Books Memory in an Age of Illusion and Allusion, Catherine L. Fisk). Cases and Materials on Juvenile Jus- 89 Minn. L. Rev. (forthcoming 2005). tice Administration (2nd ed. 2004). Articles and Book Chapters Clarence Thomas, in The Yale Biographi- Teacher’s Manual to Accompany Cases Researching Labor Arbitration & Alternative cal Dictionary of American Law and Materials on Juvenile Justice Admin- Dispute Resolution in Employment, The (Roger K. Newman ed., forthcoming istration (2nd ed. 2004). 2005) (coauthored with David R. Stras). Employee Advocate 67 (2004) (with Suzanne Thorpe) Also posted on web Articles and Book Chapters Biodiversity and Biotechnology:A Misunder- site including:
Law Alumni News SPRING 2005 15 Faculty Focus
ration and Production Company v.The Kent Roach eds., 2005). Republic of Ecuador (forthcoming Am. Are Torture Warrants Warranted: Pragmatic J. Int’l L. 2005). Absolutism and Official Disobedience, 88 The Legitimacy Crisis in Investment Treaty Minn.L.Rev.1481(2004). Arbitration: Privatizing Public International The Prohibition on Torture and the Limits of Law Through Inconsistent Decisions, 73 the Law, 229 Torture (Sanford Levinson Fordham L. Rev. 1521 (2005). ed. 2004). A Survival Guide for Small Businesses: Enemy Among Us (review of David Cole, Avoiding the Pitfalls in International Dispute Enemy Aliens), New York L. J. Mag. 37 Resolution, 3 Minn J. Bus. Law & Entrep. (2004). 14 (2004). Barbara R. Hauser Richard S. Frase Articles and Book Chapters Articles and Book Chapters Private Antitrust Actions: Trust Law Development in the United States, The Structure and Process Explaining Sentencing Severity in Large in Papers of The International Acade- Urban Counties:A Multilevel Analysis of my of Estate and Trust Law (2004). of Civil Antitrust Litigation Contextual and Case-Level Factors, 84 The (Supplemented in 2005) Prison J. 184 (2004) (with Robert R.Weidner and Iain Pardoe). Joan S. Howland By C. Douglas Floyd and Books E.Thomas Sullivan Limiting Retributivism, in The Future of Imprisonment (Michael Tonry, ed. 2004). Retention and Promotion of Minori- Aspen Publishers ties in America’s Libraries (2004) (with (formerly Little,Brown and Company) Daniel J. Gifford Teresa Neely). Private Antitrust Actions is the leading Articles and Book Chapters Articles and Book Chapters single volume of work on antitrust The Best of Times and the Worst of Times: that helps litigators evaluate and suc- Government Policy Towards Innovation in the United States, Canada, and the European American Indian Communities, Sacred cessfully bring or defend a private Knowledge and the Internet, Proceedings of antitrust suit.With this book, the Union as Manifested in Patent, Copyright and Competition Laws, 57 SMU L.Rev. the XVII American Indian Sovereignty reader will know exactly what it takes Symposium 1 (2004). to determine if a party has standing to 1339 (2004). bring a civil antitrust suit, take advan- How do the Social Benefits and Costs of the Let’s Not “Spit the Bit” in Defense of the tage of (or overcome) available Patent System Stack Up in Pharmaceuticals?, “The Law of the Horse”:The Historical and exemptions and immunities, and coun- 12 J. Intell. Prop. L. 75 (2004). Legal Development of American Thorough- sel any business on effective antitrust bred Racing, 14 Marq. Sports L. Rev. 473 (Spring/Summer 2004). strategy.With detailed information on Jamie A. Grodsky how the amount of the award is calcu- lated, the reader will be able to evalu- Books Peter H. Huang Genomics and Environmental Policy ate each case for potential recovery Articles and Book Chapters (or costs) and attorney’s fees.And the (co-editor)(forthcoming). reader will also see how the federal Moody Investing and the Supreme Court: courts are now interpreting and apply- Articles and Book Chapters Rethinking Materiality of Information and ing standards governing such matters Genes and Toxins: Merging Public and Pri- Reasonableness of Investors, 13 Sup. Ct. as:Antitrust injury and standing; Feder- vate Risk? (forthcoming). Econ. Rev.99 (2005). al preemption; Insurance exemption After the Genomic Revolution; Rethinking Regulating Irrational Exuberance and Anxi- for HMOs and managed care plan; “Public” and “Health” in Environmental ety in Securities Markets, in The Law and Labor exemption and professional Law, in Genomics and Environmental Policy Economics of Irrational Behavior 501 sports; State action immunity; Statute (forthcoming). (Francesco Paresi & Vernon Smith eds., of limitations and fraudulent conceal- Risk Information and Regulatory Design, in 2005). ment; Class certification and settle- Genomics and Environmental Policy Lawsuit Abandonment Options in Possibly ment; summary judgment and judg- (forthcoming). Frivolous Litigation Games, 23 Rev.Litig. ment as a matter of law; expert testi- 47 (2004). mony in establishing damages; and in- Genetics and Environmental Law: Redefining depth exploration of areas where con- Public Health, 93 Cal. L. Rev.1 (2005). flicting authority and unresolved ques- Bradley C. Karkkainen tions persist. Oren Gross Articles and Book Chapters Articles and Book Chapters Transboundary Ecosystem Governance: Oppression (Supp. 2004) (with Beverly Martial Law and the Fight Against Terrorism: Beyond Sovereignty?,35 Envtl. L. Balos). Discretion, Regulation, and Emergency Pow- Reporter 10094 (2005). ers (forthcoming). Marine Ecosystem Management & A “Post- Stability and Flexibility:A Dicey Business, Sovereign”Transboundary Governance, 6 San Susan Franck Diego International L.J. 113 (2004). Articles and Book Chapters in Global Anti-Terrorism Law and Policy (Victor Ramraj, Michael Hor & “New Governance” in Legal Thought and in International Decisions: Occidental Explo- the World: Some Splitting as Antidote to 16 Law Alumni News SPRING 2005 Faculty Focus
Overzealous Lumping, 89 Minn. L. Rev. Looking Ahead: Strategic Priorities and Chal- Comment on Robert Bullard’s, The State 471 (2004) [reply to Orly Lobel, The lenges for the United Nations High Commis- of Environmental Racism, special issue of Renew Deal:The Fall of Regulation and the sioner for Human Rights, 35.3 Colum. the Journal of Law and Medical Rise of Governance in Contemporary Legal Hum. Rts Rev. (2004). Ethics (forthcoming). Thought, 89 Minn. L. Rev.342 (2004). Creating a Consituency for Regional Equity, “Plain Meaning”: Justice Scalia’s Jurispru- Ruth L. Okediji in Race and Regionalism (Robert dence of Strict Statutory Construction, 17 Articles and Book Chapters Bullard, ed. , forthcoming 2005) Harv.J.L.& Pub. Pol’y 401 (1994), Title VIII versus the Tax Credit:Can Civil reprinted in 3 Sutherland Statutes Sustainable Access to Copyrighted Digital Informational Works in Developing Rights and Community Development and Statutory Construction (Nor- Coexist? man J. Singer ed., 7th ed., 2004). Countries, in International Public Goods and Transfer of Technology Post-Sovereign Environmental Governance, 4 Under a Globalized Intellectual Michael Stokes Paulsen Global Envtl. Politics 72 (2004). Property Regime (Jerome Reichman Articles and Book Chapters Transboundary Ecosystem Governance: and Keith Maskus eds. 2004/2005). Beyond Sovereignty?, in Public Participa- The Constitution of Necessity, 79 Notre Rules of Power in an Age of Law: Process Dame L. Rev.1257 (2004) (symposium tion and Goverance in International Opportunism and TRIPs Dispute Settlement, Watershed Management (Carl Bruch on “The Constitution after September in Handbook of Int’l Trade & L. (James 11”). et al. eds., 2004). Hartigan and Kwan Choi, ed. 2004). Whither NEPA?, 12 N.Y.U. Envtl. L.J. Let’s Mess With Texas, 82 Texas L. Rev. Through the Years:The Supreme Court and 1587 (2004) (with Vasan Kesvan). (2004). the Development of Copyright Law, 30 Wm. Mitchell L. Rev.1633 (2004). Book Reviews Maury S. Landsman The Institutions of Intellectual Property: New The Civil War as Constitutional Interpreta- Articles and Book Chapters Trends in an Old Debate,A Response Essay, tion, 71 U. Chi. L Rev.691 (2004) (reviewing D. Farber, Lincoln’s Consti- Moral Judgment of Law Students across Three 98 ASIL Proceedings 216 (2004). tution). Years: Influences of Gender, Political Ideology Back to Bilateralism? Pendulum Swings in and Interest in Altruistic Law Practice, 45 International Intellectual Property Agreements, South Texas L. Rev.891 (with Steve 1 Ottawa J. of L. and Tech. 125 (2004). Gregg D. Polsky McNeel) (2004). Articles and Book Chapters Myron Orfield Taxing the Promise to Pay, 89 Minn. L. John Matheson Articles and Book Chapters Rev.__ (forthcoming 2005) (with Brant J. Hellwig) Books Racial Integration and Community Revital- Corporation Law and Practice,(Two ization: Squaring the Low Income Housing Litigation Expenses and the Alternative Min- Volumes) (2nd ed. 2004) (with Philip S. Tax Credit with the Fair Housing Act, imum Tax, 6 Fla.Tax Rev.__ (forthcom- Garon). Vand.L.Rev.(forthcoming 2005). ing 2005) (with Brant J. Hellwig). Articles and Book Chapters The Limits of Business Limited Liability: Punishment and Politics Entity Veil Piercing and Successor Liability Evidence and emulation in the making of Doctrines, 31 Wm. Mitchell L. Rev.411 English crime control policy (2004) By Michael To n r y Fred L. Morrison Willan Publishing Company Articles and Book Chapters Labour has embarked on a root and branch remaking of Public International Law:An Anchor in the criminal justice system of England and Wales. New Shifting Sand, 22 J. of L. & Inequality proposals and initiatives tumble out weekly and major leg- 337 (2004). islation is enacted every year. Despite Government claims to engage in evidence-based policy-making, the evidence Robert Hudec: Scholar, Diplomat, Mentor, on which many changes are based is uncertain and con- Innovator, and Friend, 13 Minn. J. of troversial.American-style mandatory minimum sentence Global Trade 193 (2004). laws, correctional boot camps, and zero-tolerance policing have all been adopted, despite their well documented fail- Fionnuala Ní Aoláin ures in the US. England has the highest imprisonment Articles and Book Chapters rate, the most crowded prisons, the severest sentencing practices, the most hyperbolic anti-crime rhetoric, and the Exploring Multiple Conceptions of Human worst racial disparities in imprisonment in Europe. In this Rights Norms in Divided Societies, in hard-hitting book, Michael To n r y disentangles the influ- Human Rights Advocates and Con- ences of evidence, ideology and self-interest in New flict Resolvers (Lutz ed. 2004) (forth- Labour’s crime policies. He shows why many recent coming). changes are doomed to fail and how they can be recast The Paradox of Democratic Transitions, __ to be made more effective, less costly, and less damaging Hum. Rts. Quarterly __ (forthcoming). to offenders, their loved ones, and their communities.
Law Alumni News SPRING 2005 17 Faculty Focus
Cases, Issue No. 2 at 73-75 (2004). The Supreme Court and Private Law:The Contingent Fees:Why the Partnership Theory Vanishing Importance of Securities and Won’t Work, 104 Tax Notes 1089 (2004). Antitrust, 53 Emory L.J. 1571 (2004) (with Robert B.Thompson). Treasury Should Not Have Promulgated the Check-the-Box or INDOPCO Regulations, Global Trade Law: Present at the Creation, 23 ABA Section of Taxation 13 Minn. J. of Global Trade 199 (2004). Newsquarterly 14 (2004). Supreme Court to Decide Contingent Fee Michael To n r y Tax Issue, 32 Lab. & Emp. L. 7 (2004) Books (with Stephen F.Befort). Punishment and Politics: Evidence The Contingent Attorney’s Fee Tax Trap: and Emulation in the Making of Ethical, Fiduciary Duty & Malpractice Impli- English Crime Control Policy cations, 23 Va.Tax Rev. 615 (2004). (2004). Can Treasury Overrule the Supreme Court?, The Future of Imprisonment (ed. 84 B.U. L. Rev.185 (2004). 2004). Thinking about Crime Thinking About Crime: Sense and Sense and Sensibility in American Sensibility in American Penal Cul- Penal Culture Ferdinand P.Schoettle Books ture (2004). By Michael To n r y State and Local Taxes and Finance Cross-national Studies of Crime and Oxford University Press (forthcoming 2005). Justice (U.S. Bureau of Justice Statistics 2004) (ed. with David P.Farrington & Crime is an American preoccupation. Articles and Book Chapters Patrick Langan). Campaigns such as “the war on Does the Tax Injunction Act Allow a Federal Youth Crime and Youth Justice: Com- drugs,” zero tolerance policing, and Court to Enjoin the Granting of a State parative and Cross-National Perspec- three strikes and you’re out—not to Income Tax Credit, __ Preview __ (2004). tives (2004) (ed. with Anthony Doob). mention the ever-shrill coverage of crime stories—all suggest a perpetual- Articles and Book Chapters ly outraged nation determined to keep Shayna M. Sigman Why Aren’t German Penal Policies Harsher its criminal element at bay, no matter Articles and Book Chapters and Imprisonment Rates Higher?, German the cost. But is this really what aver- Kosher Without Law:The Role of Nonlegal L. Rev.5: 1187–1206 (2004). age Americans think about crime and Sanctions in Overcoming Fraud in the Kosher crime control measures? Or is the “no Has the Prison a Future?, in The Future Food Industry, 31 Fla. St.U.L.Rev.509 of Imprisonment (ed. 2004). holds barred” approach merely anoth- (2004). er oscillation in an ongoing cycle of Crime, in Handbook of Social Prob- intolerance and tolerance in American lems (George Ritzer ed., 2004). thinking? Michael To n r y argues that Douglas Smith Criminology and Criminal Justice Research those responsible for crafting Ameri- Articles and Book Chapters in Europe, in Developments in Crimi- ca’s criminal justice policy have lost Order (for Free) In the Courtroom: Re-con- nology and Criminal Justice their way in a forest of good inten- ceiving Law as a Dynamic Complex daptive Research (Gerben Bruinsma, Henk Elf- tions, political cynicism, and public anx- System, (forthcoming). fers, & Jan de Keijser eds., 2004). ieties.American crime control politics over time have created a punishment Professionalism In Fund-Raising: Ethical Varieties of Youth Justice, in Youth Crime system no one would knowingly have Issues Regarding the Receipt of Attorneys’ and Youth Just. (Michael Tonry & chosen yet one that no one seems Fees By Law School Clinical Programs, Anthony Doob eds., 2004). able to change. Fueled by knee-jerk (forthcoming). rhetoric and moral panics, the current Professionalism as Efficacy: Empirical Assess- Kevin K.Washburn crime control regime is founded on ment of the Effectiveness of a Novel Law Articles and Book Chapters short-term thinking and the personal School Clinical Program, (forthcoming). ambitions of politicians terrified of American Indians, Crime and the Law: Spirals of Learning and the Teaching of Skills Evaluating Federal Indian Country Criminal appearing “soft on crime,” rather than and Values in a Clinical (forthcoming). on policies that work.Tonry demon- Justice Against Constitutional Standards strates that attitudes toward crime in (forthcoming 2005). America are cyclical and proposes tan- E.Thomas Sullivan Tribal Self-Determination and Federal Crim- gible, specific solutions that can serve Books inal Justice: Reconsidering the Major Crimes as a platform for criminal justice Private Antitrust Actions (2005 Act in an Era of Tribal Self-Determination reform. Supp.) (with C. Douglas Floyd). (forthcoming 2005). Antitrust Law, Policy, and Procedure Book Chapter, Tribal Voting Rights and Employment Discrimination Remedies and (2004 & 2005 Supps.) (with Herbert Election Law, Section 4.06 of Felix S. Tax Gross Ups, 90 Iowa L. Rev.67 Hovenkamp). Cohen’s Handbook of Federal Indian (2004) (with Stephen F.Befort). Law (forthcoming 2005). Articles and Book Chapters What are the Tax Consequences for Plaintiffs Reconsidering the Commission’s Treatment of Who Hire Their Attorneys on a Contingency Access to Excellence, St. Paul Pioneer Tribal Courts, 17 Federal Sentencing Fee Basis?, Preview of U.S. Sup. Ct. Press (2005). Reporter __ (forthcoming 2005).
18 Law Alumni News SPRING 2005 Faculty Focus
The Federal Criminal Justice System in Indi- (forthcoming). Connie Lenz an Country and the Legacy of Colonialism, Physician-Assisted Suicide, 21 Clinics in Articles and Book Chapters 52 The Federal Laywer 40 Geriatric Med. 179 (Linda L. Emanuel (March/April 2005). Faculty Services in Academic Law Libraries: ed. 2005). Emerging Roles for the Collection Develop- A Different Kind of Symmetry, 34 New The Minnesota Journal of Law, Science & ment Librarian, 96 Law Libr. J. 283 Mexico L. Rev.263 (2005). Technology:A New Kind of Interdisciplinari- (Spring 2004). Tribal Courts and Federal Sentencing, 36 ty, 6 Minn. J.L. Sci. & Technol. 1 (2004). Enhancing Collection Development Through Ariz. St.L.J. 403 (2004). Law & Bioethics: From Values to Violence, 32 Reference Participation, The CRIV Sheet, Federal Law, State Policy and Indian Gam- J.L. Med. & Ethics 293 (2004). Feb.2004, at 5. ing, 4 Nev.L. J. 285 (2003/2004). Ethics Committee of the American Society for Lara, Lawrence, Supreme Court Litigation Reproductive Medicine, Informing Offspring Mary Rumsey and Lessons From Social Movements, 40 of their Conception by Gamete Donation, 81 Articles and Book Chapters Tulsa L. Rev.25 (2004). Fertility & Sterility 527 (2004) (com- mittee member). Paper vs. Electronic Sources for Law Review A Legacy of Public Law 280: Comparing Cite-Checking: Should Paper Be the Gold and Contrasting Minnesota’s New Rule for Other Standard?, 97 Law Libr. J. 31 (with April the Recognition of Tribal Court Judgments Schwartz) (2005). with the Recent Arizona Rule, 31 Wm. Preimplantation Testing to Produce an HLA- Mitchell L. Rev.479 (2004) (with Matched Donor Infant, 292 JAMA 803 Strangers in a Strange Land: How to Answer Chloe Thompson). (2004) (letter with John E.Wagner, Foreign Law Research Questions, AALL Jeffrey P.Kahn & Jeffrey M. Lipton). Spectrum, July 2004, at 16. The Mechanics of Indian Gaming Manage- ment Contract Approval, 8 Gaming Law What Million Dollar Baby Says About The Virtual Chase:A Case Study on Trade- Review 333 (2004). Disability and Death, St. Paul Pioneer mark Due Diligence, in Introduction to Press, Feb. 13, 2005 (op-ed). Online Legal, Regulatory & Intellec- tual Property Research (Genie Tyburs- David Weissbrodt Judith T.Younger ki ed., 2004). Books Articles and Book Chapters Introduction to Foreign Legal Research. Immigration Law and Procedure in a Chicago: Center for Computer-Assisted Light Thoughts and Night Thoughts on Nutshell (5th ed. 2005) (with Laura Legal Instruction, 2004. Denielson). American Marriage, U. Minn. L.Alumni News 18 Spring 2004. Book Reviews Human Rights in the Democratic People’s Republic of Korea (2004) Academic Contributor to Black’s Law 96 Law Libr. J. 749 (2004) (reviewing (Preface in Japanese). Dictionary (8th ed. 2004). Jordan Paust, International Law as Law of the United States, 2nd ed.). Other Articles and Book Chapters Legal Info.Alert, May 2004, at 13 (review- Matter of the Trusteeship under Trusts Human Rights Responsibilities of Businesses ing International Environmental created Dec. 31, 1974 and Dec. 30, 1980 as Non-State Actors, in Non-State Actors Law). (with others). and Human Rights 553 (Philip Alston 32 Int’l J. Legal Info. 504 (2004) Appellants’ Brief, Minnesota Court of ed., forthcoming 2005) (with Muria (reviewing The International Criminal Appeals, resulting in reversal of lower Kruger). Court: Recommendations on Policy court ruling, Feb.3, 2004, 674 N.W.2d United Nations Nontreaty Procedures for and Practice—Financing,Victims, 222. Dealing with Human Rights Violations, in Judges and Immunities). Respondents’ Opposition to Petitions Guide to International Human 96 Law Libr. J. 554 (2004) (reviewing For Review, Minnesota Supreme Court, Rights Practice 65 (4th ed. Hurst Han- Deli Yang, Intellectual Property and resulting in denial of review,Apr. 20, num ed., 2004) (with Nigel S. Rodley). Doing Business in China). Die Erarbeitung der UN-Menschenrecht- 2004. snaormen für Transnationale Konzerne und Brief in Opposition to Petition for Cer- andere Wirtschaftsundernehmen, in tiorari, U.S. Supreme Court, resulting in Suzanne Thorpe Unternehmen in der Welpolitik denial of certiorari, Oct. 12, 2004, Berens Articles and Book Chapters (Tanja Brühl, Heidi Feldt, Brigitte v.C.W.M. and A.M.P.v.C.W.M.,73 Researching Labor Arbitration and Alternative Hamm, Hartwig Hummel & Jens U.S.L.W.3234, 3235. Dispute Resolution in Employment, in ADR Martens eds., 2004) in the Workplace (2d ed. 2004) (with International Human Rights Law Perspective Library Faculty Laura Cooper). on Grutter and Gratz, 21 Const. Comm. Vicente E. Garces 275 (2004). Affiliated Faculty Articles and Book Chapters Study on Independence and Impartiality of John W. Budd Amnesty International (2004). Minnesota Practice Materials:A Selective Annotated Bibliography, in State Practice Books Materials:Annotated Bibliographies, Employment with a Human Face: Bal- Susan M.Wolf (Frank G. Houdek, ed. 2002). ancing Efficiency, Equity, and Voice, Articles and Book Chapters Open House: Open Opportunity, Law (2004). Genetic Testing and Disability Insurance: Librarians in the New Millennium,7,no. Labor Relations: Striking a Balance, Ethics, Law & Policy (with Jeffrey P.Kahn) 2 (March–April 2004): 1–7. (2005).
Law Alumni News SPRING 2005 19 Faculty Focus
Articles and Book Chapters Matthews and Tikva Frymer-Kensky, Nations (Eric LeMont ed.) (forthcoming Non-Wage Forms of Compensation, [Sym- eds.). 2006). posium on “What Do Unions Do?:A Articles and Book Chapters Exiling One’s Kin: Banishment in Indian Twenty-Year Perspective”] J. of Lab. Country, in Indian Identity (Suzan S. Research, vol. 25, no. 4 (Fall 2004). Is the Covenant Code an Exilic Composi- Harjo ed.) (forthcoming 2006). tion? A Response to John Van Seters, in In Why a Balance is Best:The Pluralist Indus- Search of Pre-Exilic Israel: Proceed- Indigenous Voting:Acting in Their Sovereign trial Relations Paradigm of Balancing Com- ings of the Oxford Old Testament Capacitiy?, in The Unfinished Agenda peting Interests, in Theoretical Perspec- Seminar (John Day, ed.). of the Selma-to-Montgomery Voting tives on Work and the Employment Rights March (with Heidi Stark)(Dara Relationship (with Rafael Gomez & The Metamorphosis of Law into Gospel: Bryne ed., 2005). Gerhard von Rad’s Attempt to Reclaim the Noah M. Meltz) (Bruce E. Kaufman ed. Westward Movement and Native Americans: 2004). Old Testament for the Church, in Recht und Ethik im Alten Testment (Bernard 1790–1920, in The Cambridge History Are Profits Shared Across Borders? Evidence M. Levinson & Eckart Otto, eds.) (with of Law in America,Vol. 2 (Christopher on International Rent Sharing, J. of Lab. Douglas Dance). Tomlins & Michael Grossberg eds.) Econ., vol. 22, no. 3 (July 2004) (with (forthcoming 2005). Matthew J. Slaughter). The Manumission of Hermeneutics:The Slave Laws of the Pentateuch as a Challenge Forging a Political, Educational, & Cultural Unions and Unemployment Insurance Bene- to Contemporary Pentateuchal Theory, in Agenda for Indian Country: Common Sense fits Receipt: Evidence from the CPS, Indus- Conress Volume Leiden (André Recommendations Gleaned from Deloria’s trial Relations, vol. 43, no. 2 (April Lemaire, ed.) (forthcoming). Prose, in One Indian & His Influence: 2004) (with Brian P.McCall). Vine Deloria’s Legacy on Intellectu- al America (Daniel R.Wildcat and Labor Policy and Investment: Evidence from Scott McLeod Canada, Industrial & Lab. Relations Steve Pavlik eds.) (forthcoming, 2005) Articles and Book Chapter Rev., vol. 57, no. 3 (April 2004) (with Other Yijiang Wang). Get Answers: Using Student Response Sys- tems to See Students’Thinking, Learning & Elias C. Boudinot: Wily Schemer or The Trade Unions and Family-Friendly Policies Most Intelligent Indian in North Ameri- in Britain, Industrial and Labor Rela- Leading With Technology, 32(4) (with D. Johnson) (2004). ca, in 100 Americans Making Consti- tions Review, vol. 57, no. 2 (January tutional History (Melvin I. Urofsky 2004) (with Karen Mumford). Help Your District Meet Data-Driven Deci- ed.) (2004). Mind Maps as Classroom Exercises, Jour- sion-Making Challenges, Managing School Business, 8(21) (2004). Wildenthal, Bryan H., Native American nal of Economic Education, vol. 35, Sovereignty on Trial:A Handbook with no. 1 (Winter 2004). Cases, Laws, and Documents (Santa Bar- William E. Scheuerman bara, CA:ABC/CLIO, 2003) Book Elizabeth Heger Boyle Books Review in Great Plains Research, vol. 14, no. 2 (Fall 2004): 360–362. Articles and Book Chapters Liberal Democracy and the Social Jerry Stubben, Native American Political Formal Legality and East African Immi- Acceleration of Time (2004). Participation (Foreword) (forthcoming grants’ Perceptions of the War on Terror, 22 L. Articles and Book Chapters 2005). & Inequal. 301 (2004) (with Fortunata International Law as Historical Myth?, in Ghati Songora). John M. Meyer, ed.,American Indians Constellations (2004). and U.S. Politics:A Reader (Foreword) Review of What is Sexual Harassment? Democratic Experimentalism or Capitalist (2002). From Capitol Hill to the Sorbonne, by Abi- Synchronization?, in Canadian J. of L. & gail Saguy, 33 Cont. Soc. 719 (2004). Visionary Thinker and Wordsmith Par Excel- Jurisprudence (2004). lence, Indian Country Today,Vol. 24, Globalization: Processes of Legislation, L. & No. 31 (January 12, 2005). Society Encyclopedia (forthcoming). David E.Wilkins Pawlenty’s Assault on Tribal Nations Doesn’’t Pass Constitutional Muster, St. Jane E. Kirtley Articles and Book Chapters Native Studies and the Academy, Wicazo Paul Pioneer Press, November 11, Articles and Book Chapters Sa Rev. (forthcoming 2005). 2004. Criminal Defamation:An “Instrument of African Americans and Aboriginal Peoples: Indigenous Voices and American Politics, Destruction”, in Ending the Chilling Similarities and Differences in Historical Indian Country Today,Vol. 24, No. 11 Effect:Working to Repeal Criminal Experiences, 90 Cornell Law Rev. 2 (August 25, 2004). Libel and Insult Laws (Ana Karlsreiter (2005). Justice Thomas and Federal Indian Law: Hit- and Hanna Vuokko eds., 2004). ting His Stride?, Indian Country Today, Indigenous Self-Determination and Sover- ✷ eignty:A Comparative Perspective, in Sover- Vol. 23, No. 47 (May 5, 2004). Bernard M. Levinson eignty Speaks:Toward an Indigenous Books Millennium (Ulrike Wiethaus ed.) Recht und Ethik im Alten Testment (forthcoming). (2004) (with Eckart Otto). Seasons of Change: Of Reforms, Melees, and Gender and Law in the Hebrew Bible Revolutions in Indian Country, in Contem- and the Ancient Near East (2004 porary American Indian Constitutional- Paperback edition) (with Victor H. ism and the Rebuilding of Native
20 Law Alumni News SPRING 2005 Faculty Focus
Let’s Mess with Texas
The following op-ed was adapted from a recent Texas Law Review article.It appeared in The Wall Street Journal on August 19, 2004, under the title “Austin Powers.”
BY VASAN KESAVAN AND MICHAEL STOKES PAULSEN
hat would you say if we told you we have a entitled way to add as many as to admis- eight new Republican sion under the Wsenators to Congress? We could also provisions of the federal add eight right-leaning votes to the constitution.” Electoral College. It’s simple, it’s fun, and it’s perfectly constitutional:Texas The “New States of convenient size” politics. should divide itself into five states. provision is the constitutionally required consent of Congress to carv- The Constitution’s Article IV,Section 3 of the U.S. Con- ing a new state out of an existing one. requirement that stitution says that new states may be And it is still in effect:There is each state have equal created out of existing ones, but only absolutely no reason to believe that this representation in the U.S. Senate with the consent of “the States con- provision—a U.S. statute—expires on means that huge Texas—the nation’s cerned as well as of the Congress.” its own without being repealed. So all second largest state in both people and that remains is for Texas to say “yes” land—has the same representation in These days, a partisan Congress would and act to divide itself into five.This the Senate as puny Vermont.“Jumpin’ never agree to a Texas carve-up, since will necessitate some Texas politicking, Jim” Jeffords can throw control of the any resulting new states would surely but probably not much more than the Senate by shifting party loyalties, as he be politically conservative. But Con- redistricting drama of 2003.Then, did in 2001. How anti-democratic is gress need not take any action at all Democratic legislators holed up in that? Texans could prevent such Yankee today: It granted its consent to Texas’s Oklahoma and New Mexico in a chicanery by wielding their proper potential subdivision 159 years ago. failed attempt to stymie a GOP redis- weight in the nation’s councils. This made sense, as those had been the tricting plan that eliminated a decade- terms that Texas,a sovereign nation at old pro-Democrat distortion. So what are y’all waiting for? Can any- the time, had negotiated for entering one think of a good reason why we the Union. One provision of the 1845 But wouldn’t it be kind of sad to see shouldn’t mess with Texas? For the Joint Resolution for Annexing Texas, the Lone Star State dismembered, good of America, for the good of passed by Congress and signed into merely for political fun and profit? Austin, for the good of the GOP,now’s law by President John Tyler, reads as We’ve all met Texans who think that the time for Texas to become five follows: there’s something “national” and sacred Texy-Tots.Yee-haw! ✷ about Texas being,well,Texas.But sen- “New States, of convenient size, not timental schlock shouldn’t prevail over Kesavan is a recent graduate of Yale Law exceeding four in number, in addition rugged western realism (not to men- School. Paulsen is the McKnight Presidential to said State of Texas,and having suffi- tion self-interest).Texas has grown too Professor of Law and Public Policy at University of Minnesota Law School. cient population, may hereafter, by the big for its britches (in a good way). consent of said State, be formed out of The ironic consequence is that Texas is Reprinted from The Wall Street Journal © 2004 the territory thereof, which shall be woefully underrepresented in national DowJones & Company, Inc. All rights reserved.
Law Alumni News SPRING 2005 21 Features With the increasing globalization of the legal profession, the University of Minnesota Law School has made it a priority to develop more opportunities for its students. In the past decade, the Law School has emerged as a leader in international legal education among major U.S. law schools.This is, in part, because of the outstanding and internationally respected faculty, the world-class Law Library, the exchange relationships with numerous universi- ties abroad, the esteemed LL.M. program for Foreign Lawyers, and the global- ly renowned Human Rights Center.The Law School attracts top-notch stu- dents from the United States and around the world because of all of the courses, programs, and opportunities that we have to offer. In the following Features section, you will find a reflective piece by distinguished faculty mem- ber Professor Fred Morrison that recounts his efforts to peacefully resolve the conflict in Sudan.There is also a scholarship essay by Professor Fionnuala Ní Aoláin, a highly regarded new member of the faculty. Both Morrison and Ní Aoláin teach and write on international issues.There is also an in-depth piece about our new and innovative LL.M. program in Beijing, China that will open its doors in 2006.The Beijing LL.M. program will solidify the Law School’s reputation as a leader in international legal education.
22 Law Alumni News SPRING 2005 ❯First Person
Minnesota Professor Helps Draft Sudan Constitution
BY FRED MORRISON
First Person is a new feature of the alumni magazine that offers million are refugees. Great human tragedy has engulfed the personal essays about the first-hand experiences of our law school country.The war was in part fought over religious issues: professors.This article showcases Professor Fred L. Morrison’s work the majority in the North appeared prepared to impose in the Sudan. Professor Morrison is the Popham, Haik, Lindquist strict Islamic Sharia law over all of the country. It was in & Vennum Professor of Law and a recognized scholar of interna- part fought over economic issues involving the right to tional law and comparative public law. He teaches constitutional law, exploit the great potential oil reserves located in the area international law, local government, and comparative public law. claimed by both groups.
or the past two years, I worked with a team of Four years ago, at the urging of the United Nations and professors and diplomats to help resolve one part under the auspices of an international organization called of one of the longest-running civil wars in the the Intergovernmental Agency for Development (IGAD) world, the conflict between the Government of which coordinates relief efforts in the area, representatives Sudan (GOS) and the Southern People’s Libera- of GOS and SPLM began meeting to try to find common Ftion Movement (SPLM). ground for a settlement of their differences.Their interest in settlement may also have been spurred on by the fact Sudan, which lies to the south of Egypt, was once a that the fighting made it impossible for either of them fully province of the Ottoman Empire.At the end of the 19th to develop the oil reserves. IGAD sponsored talks between century it became a condominium, jointly administered by the two sides, which were held in Kenya, presided over by the British and Egyptian authorities. It acquired independ- General Sumbeyo, chief of staff of the Kenyan army. ence in 1956. Independence did not bring Sudan peace and prosperity. Instead, it was accompanied with the out- In 2002, the parties reached a major breakthrough in a break of dissent and eventually violence.The northern part protocol signed in Machakos, Kenya. They agreed to of the country is largely Arabic and Islamic; the southern establish a modified federal system for a period of six years. part is Black and adheres either to the Christian faith or to The agreement restricted the application of Islamic law in local tribal religions.War between the two groups has con- the non-Islamic southern areas. At the end of the six year tinued for over 40 of the last 50 years. More than two mil- period, the people of the South are to hold a referendum lion people have been killed in the fighting; another four to decide whether to become independent. While this was
Until 1899 1956 Sudan a province Sudan acquires it’s 1972–1982 of the Ottoman independence: admission Period of relative Empire into United Nations peace
1899–1956 1956–1972 Becomes a condominium, 1982–2004 Civil war between the jointly administered by the Civil war breaks out North and South due to British and Egyptians after again between North economic and religious World War I and South differences
Law Alumni News SPRING 2005 23 ❯First Person a major step forward, it left many questions unanswered, ing, wealth sharing, security arrangements, and the special especially how the country would be governed during the arrangements necessary for two highly disputed areas. six year interim period. Negotiation over these subjects Those agreements will also inform the final constitutional continued over the past two years. draft.They contain elements that appear to be drawn from the Heidelberg draft.After those agreements were com- Both parties agreed to call upon Professor Rüdiger Wol- pleted, the Heidelberg team redrafted its proposed docu- frum, director of the Max Planck Institute for Foreign ment to reflect all of the explicit agreements of the parties. Public Law and International Law at Heidelberg, Germany Professor Wolfrum and I prepared another “Heidelberg to aid in the preparation of a draft for a constitutional draft” reflecting the changes that had been made, but also framework for the interim period. (Some alumni may raising a few additional questions that appeared not to have remember Professor Wolfrum; he was twice a visiting pro- been resolved at a political level. fessor at Minnesota, teaching courses on the Law of the Sea and on International Environmental Law.) Professor Settlement of this conflict did not, of course, resolve Wolfrum assembled a team of international experts, includ- another newer conflict in the Dafur region of western ing Dr.Abdel Salam Jamali, the former prime minister of Sudan, which has more recently been the subject of world Jordan, Dr.Thomas A. Mensah, the former chairman of the attention.That fighting appears to continue unabated. Constitutional Commission of Ghana, now a judge at the International Tribunal on the Law of the Sea, and myself, The agreements between the North and the South provide to advise the parties.The other experts were neatly bal- a very complex set of rules and relationships. Sudan will anced. Both had extensive governmental experience; one remain a single country for at least six years, at the end of came from the Arabic world and one from Africa. In these which the people of Southern Sudan will hold a referen- discussions, however, both of them took a global view of dum on possible secession. For the interim period the gov- issues.The participants in the Heidelberg meeting were not ernment will be based on power sharing.At the national asked to establish a constitution for Sudan; that task would level there will be a Presidency at the head of the execu- be done by a joint commission of the two parties to the tive branch, with a nationally chosen President, but in conflict and ratified by their respective legislative bodies. which the First Vice President comes from the South.The Instead, we provided a suggested draft to be used by that First Vice President will have a veto over major appoint- body when it did its final drafting. Meetings were held in ments, declarations of a state of emergency, and other Heidelberg in the fall of 2002 with official representatives important governmental decisions. For a substantial time of both sides of the conflict.The result was a preliminary there will be two armies, one commanded by the President draft document designed to provide a constitution for an and the other by the First Vice President, supplemented by interim period.The document was not complete; it identi- a common security force. Eventually, they should merge fied some issues upon which the parties still needed to into a single force. reach political agreement.The parties then resumed their direct negotiations. Sudan will be a federal system, but the southern states will be grouped into a Southern Region, which will be an By late summer of 2004, the GOS and SPLM had reached additional level of government.The Southern Regional five more separate agreements on subjects like power shar- government may modify national laws based on the Islam-
Fall 2002 2002 Wolfrum assembles team 2003 The parties agree to a of experts to prepare a Continued fighting modified federal system draft for a constitutional in the Dafur for a period of 6 years framework during the region of western interim period. Sudan
2000 Summer 2004 Representatives of GOS 2002–2004 GOS and SPLM reach five 2005 and SPLM begin Negotiations continue more agreements which Peace agreement meeting in hopes of in regard to how the will inform the final between GOS finding common government will run in constiturion. Heidelberg and SPLM ground to settle their the interim 6 years team redraft proposal differences document.
24 Law Alumni News SPRING 2005 ❯First Person ic Sharia code if they are to be applied in the South. It will representatives from different sides of the controversy rec- act as an intermediary between the southern states and the ognized one another in the course of the deliberations. central government. Because of Islamic resistance to the They had been law students together at the University of concept of interest, there will be two separate divisions of Khartoum during one of the brief intervals of peace in the the central bank, one operating on Islamic economic prin- middle of this war.Another of the delegates had been their ciples and one operating on Western principles. Revenue professor there! and control over oil resources in the Southern region will be shared by the central government and the South. When asked whether the draft interim constitution would meet all of the standards for a transitional government dis- This might sound relatively simple, but its integration into a cussed in another article in this magazine, I often point out single document is a highly complex operation. Questions that our primary concern was resolution of the fighting. can arise.Would the Islamic laws of family status apply to Sometimes there are difficult moral choices between an southerners who are temporarily at the capital of Khar- imperfect arrangement that will stop fighting now and a toum, which is in the northern area? Which powers will be superior one that might do a better job but cannot imme- exercised by the central government for the country as a diately be achieved.The solution here is aimed at stopping whole and which will be administered separately in the the violence now and using the interim period of six years Southern Region? As a result, the proposal is a highly com- to build toward a permanent and stable arrangement. plex and detailed document, running to 75 pages. While the documents were still under negotiation, I was The draft on which I worked is only a suggestion to the unable to discuss the process in much detail. I was able to parties in Sudan.A joint commission of the two parties is involve my research assistants in some of the issues though. now preparing a final document for ratification by the Now that the results have been published, I can discuss the legislative assemblies of both sides. Under the final peace process and the outcome more freely. agreement, the joint commission has only six weeks to complete Jason Ilstrup (Class of 2005) was My participation also con- its task, so the suggestions from in Professor Morrison’s class and tributed to my classroom teach- the earlier Heidelberg group may recalls the experience. ing. In the spring of 2004, I play an important part. taught a seminar on Comparative “Professor Morrison helped me to garner Constitutional Law.While I We played a very small role in couldn’t then talk freely about trying to help solve a small aspect a unique, real-world understanding of Sudan, I could talk about another of a very large problem, but each Constitutional Law in other countries. I was similar constitutional issue then little piece was another small step challenged and expanded my knowledge of being faced by another group of to the solution. If we helped in international issues.To take this course while drafters—preparation of an inter- ending the war that killed thou- the Iraq crisis was unfolding brought to life im constitution for Iraq. In the sands of people every year, it was many of the issues, debates and theories and seminar, I could indirectly bring well worth the effort. some of my experience in the made it more personal. I know that I will use Sudan process to bear in dis- There were some touching the skills and knowledge that I gained from cussing issues like the role of reli- moments at the Heidelberg dis- Professor Morrison in my future career, gion and religious law in that cussions.Two of the Sudanese whatever that might be.” part of the world. ✷
Number of international study abroad law programs. Students can pursue academic interests in other countries through 7 exchange programs in France, Germany, Ireland, the Netherlands, Spain, and Sweden.The Law School is also starting an LL.M. program in Beijing, China.
Law Alumni News SPRING 2005 25 Faculty Essay
“Beyond Dealing with the Past”: A Critical Assessment of Justice in Times of Transition
PROFESSOR FIONNUALA NÍ AOLÁIN, Dorsey and Whitney Professor in Law, University of Minnesota Law School
he concepts of “transition” and “transitional Times of Transition might encompass.To start I suggest that justice” have come to occupy a prominent the term “transitional justice” means more in conceptual position in legal scholarship in recent years. and policy terms than simply dealing with the human rights The term “transitional justice” was first asso- abuses of a previous regime. I also suggest that a distinctive ciated with societies who made the difficult relationship exists between law and politics in contemporary moveT from authoritarianism to some form of democracy, transition.The starting point of transition is one in which but has also come to be used when describing the societal the rule of law is either entirely absent or is significantly transformations experienced in places as diverse as South impaired, while the end goal is one in which law plays its Africa and Northern Ireland, and is now synonymous with full role in a functioning liberal-democratic state. Simultane- societies seeking to move from violent internal conflict to ously, in such contexts, international law can play a vital role peaceful co-existence. in determining the pace and shape of transition by provid- ing frameworks that respond to the diverse needs of frac- Much of the legal literature on transitional justice has con- tured societies.Thus, the totality of legal reform is part, or centrated on what can be termed “dealing with the past.”1 ought to be part, of the Transitional Justice paradigm. By this I mean that it focused almost exclusively on the important question of how societies and nations ought to The dominance of Iraq in our newspapers has highlighted deal with the legacy of systematic human rights violations. the contemporary significance and importance of transi- Criminal prosecution, corrective justice and retribution tion. However, transition in contemporary global law and have been a major focus of this literature, as has been, politics concerns more than simply the process of change more broadly, the critical tension between demands for at play in Iraq. First, societies in transition are neither few accountability for violations of human rights and the need in number nor inconsequential to the peace and security to allow for rapid reconciliation that may better protect of this region and the world.They include the post-Soviet and safeguard newly established democratic institutions. Eastern European states, the Latin American countries still struggling with the legacy of authoritarianism, South This brief article will sketch out a critical assessment of Africa’s rebirth from Apartheid, Northern Ireland after the conceptual and policy thinking in and on the field of Tran- Good Friday Agreement, Israel and the Palestinian Author- sitional Justice and offer some proposals on what Justice in ity’s internal societal struggles since the signing of the Oslo
26 Law Alumni News SPRING 2005 Faculty Essay
Accords, the new states which emerged from the bloody Transitional justice discourse was originally modelled conflict in the Balkans, and numerous African states with around examples of societies that had experienced authori- various shades of participatory government. tarian government and were evolving towards a more democratic political framework. Concurrently in such soci- Second, in the wake of the September 11th terrorist eties there may also have been a transition from a situation attacks and of the invasions of Afghanistan and Iraq, and of violent conflict to peace.3 with the global and seemingly omnipresent and all-pervad- ing “war on terrorism,” the world has changed. One aspect I have argued elsewhere that the “tent” of Transitional Jus- of that change is the current phenomenon of U.S. unilater- tice is big enough to hold a substantial expansion of its alism, founded on unprecedented military and economic existing capacity.4 As a starting point, if we think of restitu- pre-eminence, which has important implications for inter- tion in a broad way, and not simply as criminal accounta- national law, most obviously for the capacity of such law to bility for singular acts there are a wide array of transitional bind the United States in any real sense.The position is processes which could be considered to be part of the further complicated given the United States’ appropriation transitional justice rubric. Most obviously it is possible to of the language of “transition” and “democratization” with think of socio-economic adjustments as part of the transi- a view to global export, with few effective international tional justice rubric, where socio-economic disadvantage legal constraints countervailing. In the longer term, it is not has been structurally entrenched by elite and unrepresenta- clear how these dynamics will play out. It may be that U.S. tive political regimes. unilateralism will produce a seismic shift in international law, or it may be that countervailing pressures will emerge Thus, justice in the transitional context is forward looking, with time, producing a new international legal consensus. pragmatic, focused on future outcomes as well as past lega- None of this is entirely clear at the present moment. How- cies. In this view, justice in transition can operate to ever, what it tells us is that our understanding of “transi- “undo” wider individual and groups harms, through imagi- tion” is shifting and widening.This article maps some of native deployment of legal rules and reform of legal insti- that shifting terrain. tutions.A striking example of this comes from the new South African constitution which not only strikes a new A.What is the Justice Part of Transition? political compact within the state, but seeks to address his- torical exclusion through, for example, the inclusion of To conceptualize this expansion of transition, the first certain socio-economic rights within its framework. move is to think about the “justice” part of transition.The notion of “justice” in the context of transitional societies Furthermore, if we think of “justice” as a forward looking has traditionally been concerned with past focused concept that encompasses some notion of both procedural accountability.There are a number of features of such a and substantive equality then we can accommodate a conception. First, it takes for granted that accountability much broader range of issues within the transitional justice for past wrongs is a morally legitimate starting point from rubric than just the vexed problem of past human rights which to assess the moral and political standing of any new violations. If we understand justice to encompass a notion regime. Second, following the principles set by the of meaningful equality—then it becomes possible to argue Nuremberg Tribunal,2 the accountability discourse is that in the transitional context, equality is a sine qua non focused on the individual, and does not countenance for realigning historic exclusions and discriminations group punishments. Third, in this context outcomes are in including a guarantee of place for persons/groups previ- a sense assumed, namely that there will be some form of ously excluded from legal and political process. accounting/punishment for the actions undertaken in the past by persons who have committed egregious human But, the place where most academics and policy makers rights violations. In other words, justice here has a restitu- have placed their emphasis has been the legal and non- tion function—it restores equilibrium in the political legal settings/practices that operate to satisfy both the need sphere by ensuring that accountability takes place through for restitution as well as the need to move forward in tran- legal norms. sitional societies. It makes sense that trials, courts, truth commissions, amnesties, punishment forms and terms However, when we look more closely we discover that jus- should all be a part of this debate.As I will outline below, tice in transitional contexts is significantly richer, multifac- there are other elements which form part of the transition- eted and more complex concept than is generally accept- al justice landscape and to which legal regulation and form ed.Thus, it can facilitate the operation of the transitional rightly ought to apply. political sphere by absolving the need for absolute accountability through a variety of means.These include B. Conflict and Law the controversial arena of amnesty for crimes committed, forgiveness, reconciliation and truth telling. If we take a The first site for by this expanded notion of transition formal view of justice as requiring some form of legal takes into account the contemporary reality that transition- process coupled with punishment for previous “wrongs” al processes most often apply to societies that have experi- committed, the practice of transitional “justice” often falls enced significant internal violence. In such societies where short of the supposed ideal. politically motivated violence is part of the cause for trans-
Law Alumni News SPRING 2005 27 Faculty Essay formation (both as a matter of identifying the root causes ment of the previous regime, and diverging views about the of violence, as well as simply seeking to prevent its recur- necessity and capability of reform. First, there is likely to be rence) the success of the transitional project is intimately a lack of shared narrative by all parties on the causes of con- tied to understanding and addressing the root causes of dis- flict or the status of the prior regime and its manifestations, sent and violence.This is not just a matter of political leading to markedly different views on the role and legiti- recognition but has a firm legal aspect. International law macy of the actions of institutions and actors during the defines and regulates conflict, both of the international and previous regime/conflict. Second, there may also emerge a internal variety.5 State acceptance of the applicability of debate about the extent to which legal reform needs to be legal regulation and form to define internal violence is tied to a particular constitutional settlement. highly politically significant and can function as a conduit for facilitating the forms of political accommodation nec- Take the Chilean example. Because of the managed nature essary to end the violence from which a transition is of the political handover from Pinochet there were sharply required. Legal categorization of conflict is one means to divergent political views about the neutrality of the legal achieve this, though it is often resisted by states, concerned system during the dictatorship.This includes legislative about their own legitimacy (a thorny current example processes, courts, and agents of enforcement such as the 6 would be the conflict in Chechnya). The reasons for state police.9 Political scientists Hite and Morlino have argued, resistance are multiple but it should be noted that interna- in an interesting exploration of what is termed authoritarian tional law here has a certain autonomous quality—mean- legacies, that three variables affect the capacity of societal ing that it is not just the recognition of the state experi- (and thus institutional) change.10 They include (a) the 7 encing the violence that is determinative. What this issue durability of the previous regime; (b) the institutional generally tells us is that the narrative of law and the status innovation of the previous regime; and—(c) the mode of it may bestow is enormously significant in the transitional transition from authoritarianism.As a result, legal reform is context. Further, without a willingness to address the reali- debated not just in terms of the intrinsic value of reassert- ty of status and causes of any pre-existing conflict the tran- ing the rule of law, but also as a form of broader political sitional project itself may founder. affirmation or denial of certain constitutional and political pasts and futures.The consequences of this bargaining C. Political Accomodation dynamic around legal reform can be significant, indicating a need to maintain law’s stability while simultaneously At one level, political accommodation and the move acknowledging its failings during the previous regime, and towards compromise among competing groups over access redressing these institutional revisions. to governmental power may seem to have little to do with law or transitional justice.Yet,deals about governmental Transitional processes frequently include legal and other form dominate the negotiation of change in many transi- institutional reforms that take account of this reality.As tional societies and are consistently legitimized by refer- practice in multiple jurisdictions has demonstrated, the ence to legal and regulatory frameworks which draw some of their traction from the inclusion of self-determination as totality of reform cannot be contained in a peace agree- ment, and instead such reform tends to constitute part of a right within international human rights instruments.This 12 is particularly true in transitional societies which have to the post-negotiation landscape. Thus, institutional reform come to terms with prior exclusions of particular individ- can occur incrementally outside the initial, formal, negotiat- uals, groups and minorities demanding inclusive political ing process, and work to address the causes of conflict on a space and reform of political process by law.Thus the argu- more piecemeal basis.This practical reality means that insti- ments in Iraq about the composition of its interim govern- tutional reforms become intrinsically tied up with the ment and the representation of a wide variety of ethnic ongoing experiment of political accommodation.This can and religious groupings on the Council are a good exam- operate to the detriment of a coherent reform process, as ple of this dynamic.8 This can therefore be seen as an parties embrace or reject legal reform not on its own terms, expansion of the restitution component of transitional jus- but because of its capacity to reshape critical elements of tice—meaning that restitution is no longer about resolving the initial agreement towards their own vision of transition. direct individual harms (which has often simply meant dealing with direct physical harm to the person)—but These realities have substantial impact on the politics of extends to include resolution of harms to the political self institutional reform. If, on the one hand, the institutions of and the citizen self. the state are viewed as having “done a good job in difficult circumstances,” then demands for reconfiguration are seen D. Institutional Transformation as charged political assault on the integrity and neutrality of legal form and structure. Change can only be counte- Transitional justice claims invariably implicate legal institu- nanced as necessary when couched in managerialist lan- tions.Any conflicted or post-authoritarian society generally guage, with an emphasis on “professionalism,”“efficiency” exhibits sharp differences between communities in the con- and modernisation, and tied to developments in other fidence displayed in legal structures and processes.There may jurisdictions. On this view, change is not linked to the prior be conflicting views over the extent to which legal institu- societal experience but rather to the kind of on-going eco- tions have been complicit in the maintenance and manage- nomic or management imperatives that exist anywhere.
28 Law Alumni News SPRING 2005 Faculty Essay
In conclusion, this indicates the centrality of institutional deficits are evident. In doing so, I would assert that this reform to transitional societies and the hurdles both ideo- does not limit the capacity of law and legal process to logical and practical that can be encountered along the way. become a site of contestation in a post-conflict society, but it underscores the need for a degree of a priori legal legiti- E. Gender Deficits in Transitional Contexts macy in order for that ‘normal’ contestation to take place.
Transitional processes including peace processes are typical- In building the legitimacy of domestic law and legal insti- ly deeply gendered, raising awkward questions about the tutions, international law has a particularly important role neutrality of the transitional project.This is particularly true to play by virtue of its externality to the parties to the when the transition is one from war/violence to peace. conflict.This externality is directly related to the While women will often have been at the forefront of autonomous quality of international law—it is not an infi- peace initiatives throughout a conflict or the face of a call nitely malleable set of standards, the meaning of which for state accountability for human rights violations (see the states are free to appropriate according to their whims at Mothers in Argentina), peace agreements are usually nego- any particular time. Rather than being related to well tiated predominantly, if not exclusively, by men.The con- established notions of order, stability and continuity, law in duct of violence and war is predominantly male, leading to transitional societies must engage with the imperatives of a male bias in negotiations, and mediators are usually men. moving between radically different political contexts.The Such exclusion has a double effect.Arguably, it operates to need to compensate for domestic rule of law “gaps,” cou- narrow the problems faced to a “male” conception of con- pled with internationally imposed imperatives means that flict revolving around allocations of power and territory, international law typically forms a heightened and impor- and stopping certain forms of violence.These questions tant legal reference point during transition by virtue of its may impact only peripherally on many women’s day-to- externality to the parties to the conflict. day lives.They may leave untouched socio-economic exclusions, and even violence, which women may not see Finally, in a context where the successes and failures of as compartmentalized into “conflict” and “non-conflict” transition are measured in the short timeframe of media related, but rather experience as a continuum, only partially pre-occupations, it remains important for academics and addressed by cease-fires. It also means that women rarely sit policy makers to remain attuned to glacial pace of social at the tables where the issues of post-conflict transition and change in many societies, and to remember that the results reconstruction are addressed.There is also little understand- of successful transitions may take generations to take root.✷ ing (academic or policy oriented) on what a gendered notion of change might mean. Some preliminary research FOOTNOTES carried out concerning women’s experience of conflict in 1. As Bell has noted dealing with the past generally has had two aspects1:(1) “undoing the past,” (typically by attempting to “undo” the displacement of Northern Ireland, tends to suggest that women have an people and dispossession of land which occurred during the conflict), and expansive notion of what and where transformation is (2) “accounting for the past” (e.g. through the use of truth commissions required, and it is not limited to the public domains which and domestic or international courts and tribunals). However, that so often dominate peace agreements and transitional description only partially explains what we mean by justice in the transi- tional context. Bell, Peace Agreements and Human Rights (2000 Oxford “deals” between internal political factions. Rather, women University Press) at 233. experience both the public and private aspects of an 2. See generally Antonio Cassesse, International Criminal Law (2003 Oxford authoritarian society and/or conflicted society, and articu- University Press). late the need to transform politics and practice in both 3. Campbell and Ní Aoláin,“The Paradox of Transition in Conflicted Democ- contexts. Once again, the lived experience of women in racies” Human Rights Quarterly (2005) (forthcoming). 4. See Campbell, Ní Aoláin and Harvey,“The Frontiers of Legal Analysis: conflicted societies suggests that the term “transition” has Reframing the Transition in Northern Ireland” 66 Modern Law Review much more territory to occupy that it has hitherto. 317–345 (2003) See also Bell, Campbell and Ní Aoláin:“Justice Discours- es in Transition” 13 Social and Legal Studies 1, 305–328 (2004). Conclusion 5. See Geneva Conventions 1–4 of 12 August, 1949, regulating, inter alia, the treatment of armed forces, civilians and prisoners of war during interna- tional armed conflict. See also Additional Protocol 1 & II to the Geneva I conclude where I began—with an assertion of the need Conventions (1977). for a much broader conception of transitional justice than 6. See “Glad to be deceived: the International Community and Chechnya” one that focuses solely on “dealing with the past” (particu- Human Rights Watch World Report 2004, available at www.hrw.org. larly where this past is viewed in terms of male concep- 7.Ní Aoláin,The Politics of Force: Conflict Management and State Violence in Northern Ireland (Belfast, Blackstaff Press 2000). tions of harm). Hence the demand for a theory of law in 8. See “Kurds campaign for federal state” The Guardian, January 28, 2004, transition that is not past-specific and that avoids the pitfalls available at www.guardian.co.uk/international/story/0,,1132652,00.html of a gendered approach. See also “Iraqi ministries to be allocated on ethnic lines” The Irish Times, Dublin:August 29 2003. 9. See Amnersty International,“Chile-Transition at the crossroads: Human Part (though by all means not all) of the solution may lie rights violations under Pinochet rule remain the crux.” March 1996,AI in seeing the transitional process in terms of the reversal of index AMR/22/01/96.Available at the delegitimation of domestic law and of legal institutions www.web.amnesty.org/library/index/engAMR220011996. that occurred during the prior regime.Thus the transition 10. Hite et al,Authoritarian Legacies and Democracy in Latin America and becomes a project of building and re-building the legiti- Southern Europe (University of Notre Dame Press 2004). 11. Bell, Supra note 1, pp 25–32. macy of law across the range of sites where rule of law
Law Alumni News SPRING 2005 29
Destination:Beijing Master of Laws (LL.M.) Program in American Law in Beijing, China
BY SCOTT RUSSELL
ithin the next 12 months, the Law School Afortuitous visit will launch a Master of Laws (LL.M.) Pro- W gram in American Law in Beijing, China. Dr. Hong Yang, head of the University of Minnesota’s Chi- na Center, deserves the credit for jumpstarting and pro- The Beijing LL.M. program will give Law School faculty, moting the Beijing LL.M. program. It all began when a students, and alumni the unique opportunity to train and Hong Kong businesswoman stopped by his office in Feb- share ideas with Chinese attorneys, as well as learn first- ruary 2003. hand about the country’s rapidly evolving legal system. For their part, Chinese lawyers will get critical preparation to She had gone to the Minnesota Trade Office to make busi- guide their country’s explosive international trade growth. ness contacts, a side trip during a visit to her IBM- employed son in Rochester.The Trade Office staff referred The Law School already has exchange programs with uni- her to the China Center, an organization the university cre- versities in Ireland, the Netherlands, Spain, Sweden, Ger- ated in 1979 to promote educational exchanges and collab- many and France. However, the Beijing LL.M. program is orative research with China,Taiwan, and Hong Kong. the Law School’s first off-campus degree program. Law School professors will travel from Minneapolis to teach The woman was a friend of Wang Guangfa of the Fazheng most classes. Chinese students will receive a University of Group. (Chinese convention puts the family name first, Minnesota LL.M. degree. then the given name, so he is known as Mr.Wang. Hong Yang has lived in the United States for 20 years and uses “We are very proud of what we do in international law,” the U.S. convention; his last name is Yang.) As Yang tells it, said Law School Dean Alex Johnson.“This will only add the woman told him he needed to meet Mr.Wang and to that strength and cement our reputation as being the gave him a phone number.“’I’m sure he would be inter- preeminent school in the Midwest if not the country.” ested in what you are doing here,” she said, referring to the China Center’s work in educational exchanges. The Beijing LL.M. program is a three-way partnership between the Law School, the China University of Political Yang called, and the two discussed the university’s law and Science and Law, and the Beijing Fazheng Group, a Chi- computer science programs.The conversation went well nese firm with diverse businesses lines. Fazheng Group and Wang planned to visit Minneapolis in May 2003. Chi- Board Chair,Wang Guangfa, is catalyst and benefactor, pro- na’s outbreak of the respiratory disease SARS delayed his viding the money, energy, and connections to make the trip. He arrived in August and met with Yang, Meredith program work. McQuaid, the Law School’s Associate Dean of Administra- tion and Director of International & Graduate Programs, The Law School is starting small in spite of high demand. and Professor Fred Morrison, an expert in international “There is a thirst, a hunger for this kind of program in law who had previously taught in China. China,” Johnson said.“If we allowed, we could probably enroll 500 students.We are starting with 50 because we Morrison remembered scheduling the first meeting as a want to make sure we get it right.” courtesy visit.“We thought nothing would come of it,” he
Law Alumni News SPRING 2005 31 Destination: Beijing said.“We did it to be good citizens, because of our rela- of Minnesota was “a known player” to officials they met in tionship with the China Center, because of the Beijing, Morrison said. good work they do.” “We were an organization who had Wang arrived in the United States been around and had been planning to discuss partnership doing as much as could ideas with the University of be done up to that Minnesota and a prominent point,” Morrison east coast law school,Yang said.“That made said.The four-day Min- talks much easier.” neapolis trip extended to six days.Yang’s sales- In November manship and the 2004, 21 months Law Schools assets after the Hong impressed Wang Kong business- enough that woman first vis- he cancelled ited Yang’s the east coast office, Presi- trip and dent Robert decided to Bruininks work with led a Uni- the Uni- versity dele- versity of gation to Minnesota Beijing for on the spot. formal cere- monies. Ulti- Two months lat- mately leading to er, in October, the opening of an Yang flew to China to LL.M. program. visit the Fazheng Group’s The trip made companies and to talk with Wang national television in about how the educational partner- China. ship could work. In November,Wang traveled to Minneapolis to set up the Fazheng Guangfa Educational Fellowship Fund, a $150,000 three- year gift to the China Center. In part, that money paid Seeking experienced lawyers McQuaid’s and Morrison’s travel expenses.They made For nine years, foreign students have come to Minneapolis multiple trips crossing the 6,284 miles between Minneapo- for its on-site LL.M. program.This year’s class of 24 lis and Beijing to negotiate program details. includes students from Ethiopia,Turkey, France,Armenia, and Thailand as well as four from China. Their work was invaluable.“The establishment and future success of this program is due almost totally to the effort of Helen (Yanhang) Hu of Shanghai is a recent LL.M. gradu- Dean McQuaid and Professor Morrison,” Johnson said. ate and her story is symbolic of the economic changes “Those two clearly lead the way and have done the bulk underway in China. Her father worked for a steel compa- of the work.Without them, and without Yang’s help, we ny, retired at 55 and started his own steel trading company, would not be where we are today.” Hu said. She wanted to be a sports journalist, but her par- ents encouraged her to go to law school, a highly competi- The Law School’s two emissaries also benefited from the tive field that, in the not-to-distant past, had nearly died University’s history with China.The University accepted out in China. its first Chinese student in 1914 and has more than 8,000 Chinese alumni, according to University data. In 2001, the Unlike the United States, Chinese schools offer law as an Carlson School of Management started an executive MBA undergraduate degree, as well as masters and doctoral program in Guangzhou near Hong Kong, in partnership degrees. Undergraduate students who pass the Chinese bar with Sun Yat-Sen University. exam may practice law. Fewer than ten percent pass, but Hu was among them. She worked for three years for a Morrison said former Law School Dean Robert Stein Shanghai-based law firm that handled mergers, acquisitions (1979–1994) was among the most aggressive U.S. law and foreign investment.After working with U.S. clients, she school deans to reach out to China in the 1980s, after the decided she needed more education. Cultural Revolution ended and U.S.-Chinese relations improved. Politics limited the dialogue, but the University “When you are talking to lawyers here, you really want to
32 Law Alumni News SPRING 2005 Destination: Beijing
Snapshot: Chinese law and law schools China’s legal system has gone through dramatic changes in the past century, reflecting the country’s own turbulent history. The Qing government founded China’s first law school in 1907,wrote Wang Weiguo, a dean at the China University of Political Science and Law. Legal education continued rapid development during the first half of the 20th century. Follow- ing the Revolution of 1949, the legal system “experienced a tortuous journey,” he wrote for the 2000 International Con- ference for Legal Educators. In the 1950s, China began a Soviet-influenced legal education system. During the Cultural Revolution (1966–1976), almost all law schools were closed and dissolved.“In 1976, the legal know what they are talking about,” she said.“When they education system was at its last gasp,” graduating a mere 49 give you a contract to review, you want to know what the law students from two law schools,Wang wrote. meaning is—between the lines.” In 1978, China began restoring its law schools. By 1999, it had 330 law schools with 70,000 students on campus and 90,000 Young,single, and able to travel, Hu applied to top 20 U.S. out-of-campus. schools and chose the University of Minnesota. She gradu- ated with an LL.M degree in 2002. She will finish her J.D. China’s 1982 Constitution has 138 articles; the National here this year and go to work for a Dallas-based firm. People’s Congress has amended it four times. A 1988 amendment allowed the private sector economy to exist. The Law School’s Beijing LL.M. Program in American On March 14, 2004, the most recent constitutional Law targets experienced lawyers such as Hu, but those amendment changed Article 13 to read: who have commitments that prevent them from studying abroad, McQuaid said.The program will accommodate “Citizens’ lawful private property is inviolable.The State, in working students with evening and weekend classes. It may accordance with law, protects the rights of citizens to private eventually grow to 100 students, twice the size of the Min- property and to its inheritance.The State may, in the public neapolis campus program. interest and in accordance with law, expropriate or requisi- tion private property for its use and shall make compensa- Each year, the Beijing LL.M. program will offer a theme, tion for the private property expropriated or requisitioned.” such as international law, business law, comparative law, or even human rights.The first year will have a transactional For the English version of the Chinese Constitution, focus, including a course on contracts, similar to a first-year published by the People’s Daily, go to: J.D. program. In the first segment, McQuaid will teach http://english.people.com.cn/constitution/constitution.html Introduction to American Law and Professor John Mathe-
Law Alumni News SPRING 2005 33 Destination: Beijing
The University of Minnesota Beijing Master of Laws (LL.M.) Program in American Law
The 24-credit, 15-month program will give students intensive instruction in legal analysis, research and communications as practiced in the United States. It will start in June 2006 with 50 students, and eventually grow to 100 students.The program includes:
• Two six-week-long summer terms (4–6 credits per term) • Individual two-and-a-half week courses taught during the academic year, evenings and weekends (8–10 credits) • A three-course May–June term, taught on the University of Minnesota campus (4–6 credits) • Theme-based curriculum, e.g., a program focus on international law, corporate law or comparative law. • A two-credit Introduction to American Law course and one research paper. University law school professors will teach the majority of the courses and teach them in English. Some courses taught during the academic year will coincide with the University’s winter or spring break to make it easier for professors to travel to China without affecting regular coursework. Professors from the China Uni- versity of Political Science and Law, the partner university, also will teach some classes.
son will teach contracts. Matheson said he was one of 15 While his class would focus on U.S. contract law,“I am professors who attended a meeting about teaching in Chi- going to do it as a comparative contract law course, too, so na. He noted he put in his request to go “early and often.” that the students have a base of comparison and so they also see that I care enough to have learned some of their law.” Matheson wants to teach in China both to improve his legal scholarship and for the fun of it, he said.The Chinese The Beijing LL.M. program has been on a fast track and students he has had in class always are active and engaged. Law School officials are still refining details and making “I expect I will be overwhelmed with questions,” he said. improvements. For instance, Matheson, director of the “There is nothing a teacher likes better than to have inter- Continuing Legal Education (CLE) program, is looking for ested students.” faculty and alumni opportunities to teach CLE courses in China. Johnson would like to bring an alumni contingent He and his wife Judy have started taking basic Chinese les- to participate in either the opening segment of the pro- sons and he has started studying Chinese contract law. gram or perhaps the first commencement ceremony.
34 Law Alumni News SPRING 2005 Students in the Beijing LL.M. program will study on the initial $150,000 he donated to the University of Minneso- Minneapolis campus during a May term. In the near future ta’s China Center, McQuaid said he would pay for the Law School officials plan to add a Beijing summer study program’s building and start-up costs and cover operating costs if tuition does not meet expenses. Who is Wang? Wang is a member of China’s growing number of entre- preneurs, an attorney and, as Morrison describes him, Chi- na’s version of Radisson founder Curt Carlson. He is someone with a purpose and a mission, which includes improving his country’s educational system.
Wang founded the forerunner to the Beijing Fazheng Group in 1993 and by 2002 it had assets of $150 million, according to a recent China Center newsletter.The Fazheng Group Web site says it employs 500 people and does work in real estate, legal services, construction, hotel program for U.S. J.D. students, increasing the cultural and restaurant management and private education. exchange. Long-term, the Law School plans to bring Chi- nese law professors to the Minneapolis campus as part of a Johnson describes Wang as “a dynamic fellow, a smart and teacher exchange. aggressive businessman” and “very personable.” McQuaid calls him “an entrepreneur such as I have never seen Those expanding international opportunities should make before,”“a true philanthropist” and someone “living at a the Law School more attractive for all prospective students. time in China where he is being encouraged to be what Morrison noted today’s law students are very focused on he is—which is a deal-maker.” the international dimension of everything. Chinese law required the University of Minnesota to part- “Many of them have traveled to strange places in the ner with a Chinese university.Wang is a graduate and sub- world and they expect to do business with people in stantial benefactor of the China University of Political Sci- strange places in the world,” he said.“The law schools that ence and Law.“He has installed most of the computer labs are looking to the future are looking to that group of stu- at his expense and is very much appreciated by that uni- dents, and we want to be one of them.” versity,” Morrison said.“It’s one of the reasons that he could open the doors for us to have a relationship.”
Driving force The China University of Political Science and Law was While the LL.M. program is a three-way partnership, with- originally part of China’s Ministry of Justice, Morrison out Wang there would be no program. In addition to the said. Its single purpose was training lawyers and civil ser-
Law Alumni News SPRING 2005 35 Destination: Beijing
Outstanding Achievement Award
Zhao “Alex” Zhang (Class of 1989), a dis- tinguished graduate of the University of Front row:Yang Yang (LL.M. 2006); Back row (left to right): Karen Anderson, Dean Minnesota Law School, received the Uni- Alex Johnson, Dr. Margaret Carlson, Dr. Susan Hagstrum, President Robert versity of Minnesota’s Outstanding Bruininks,Vice President Al Sullivan, Dan Gilchrist, and Dr. Hong Yang. Achievement Award in October 2004. vants.Today, it has thousands of students, all studying law.“It is one of the Zhang is a partner at Jones Day’s Shanghai leading universities in China but only in this narrow field,” he said. Office. He is a cultural ambassador and valued adviser, who has educated Chinese entrepreneurs in the U.S. legal systems Sea change in politics, law, economy and the rule of law, and has offered insight Johnson, McQuaid and Morrison all expressed confidence that Law on Chinese commerce, legal systems, and School professors could teach the same course content in China as they international trade to U.S. entrepreneurs. do in Minnesota.“Nothing is off limits. Nothing is forbidden,” Johnson He is a dedicated leader and internation- said.“We will not censor ourselves.” ally recognized expert in cross-border corporate and commercial transactions, Their confidence reflects a dramatic change within Chinese politics, they especially involving China and Hong Kong. said. McQuaid recalled studying in China in 1980.“It’s like night and Zhang speaks frequently at seminars and day,” she said.“Even in the last five years, particularly with regard to edu- cational institutions, the level of discussion has really freed up.” business conventions in the United States and Asia to educate business people on The university has no reason to believe it will have to submit its course the complexities of transnational transac- lists for government approval, and it already has gone through extensive tions and international trade. He has negotiations, she said. She anticipated the program possibly venturing served as the trade representative for the into politically sensitive topics, such as human rights or civil rights laws, State of Minnesota in Hong Kong to pro- discussing U.S. history and how it has affected the evolution of U.S. laws. mote the interest of U.S. business in Asia. “We want to be provocative to our students,” she said.“Law is always on As an alumnus, he has worked with Uni- the edge of provocative, or it should be.” versity departments to strengthen the University’s exchange and alumni relation- However, the program’s goal is not to steer China to replicate the U.S. ships. He has coordinated University dele- legal system, McQuaid said.The goal is to give sophisticated Chinese gation visits and has been very helpful to lawyers a foundation in American law so they can participate in interna- the Law School in the development of tional trade.Any influence the LL.M. program might have on the Chi- their LL.M. degree in Beijing. nese laws would grow out of educational give and take.“We will teach them what we know.They will teach us what they know, or criticize or ask questions. I think we all move forward in that discussion,” she said. Dr. Dave Metzen, Chair of the Board of Regents, and President Robert Bruininks That said, China faces great pressure to revamp, rewrite and recodify its present Alex Zhang with the University of laws as it becomes a greater player in world trade.The LL.M. program Minnesota Outstanding Achievement Award. gives anyone in the Law School with an interest in comparative law a first-hand opportunity to observe and discuss the dynamic changes underway.
36 Law Alumni News SPRING 2005 Destination: Beijing
President Bruininks and his delegation in Beijing at the official signing ceremony for the LL.M. Program. China joined the World Trade Organization in 2001.The country now accounts for more than 6 percent of world trade. China has adopted a number of new laws to mesh with the world economy and develop its own internal legal system, but work remains.“They are probably 60 percent of the way there in writing the codes and 30 percent of the way there in getting them implemented,”Morrison said.
For instance, the United States has had bankruptcy law since the 1850s, Morrison said. Until recently, China hasn’t needed them.“Suddenly moving into a more entrepreneur- ial society, they need it. So they are interested in it,” he said. Dean Alex Johnson,Wang Guangfa, and Professor Fred Morrison.
Starting a new Law School program half-a-world away creates challenges. For instance, the University needs to make sure it maintains control of standards on content, pace and examinations, McQuaid said.An LL.M. degree from the Beijing program should mean the same thing as an LL.M. degree from the Minneapolis campus.
Yet the upside is large.
For example, the LL.M program could give the University of Minnesota a springboard to create a mini campus in Beijing, which could include computer science and health care education, McQuaid said.
Some see the program as critical to the school’s long-term success.“The law schools of the future that are successful Law School J.D. student Chang Wang (Class of 2006) and will be global,” Morrison said.“They will be the law Associate Dean Meredith McQuaid. schools that provide connections and under- standing of legal issues all around the world.” Please Join us for an Alumni Scott Russell is a freelance writer and full-time reporter, covering Minneapolis city government for Trip to China in March 2006 the Skyway News and Southwest Journal. Contact Sara Jones at (612)626-1888 or [email protected] for more details.
Law Alumni News SPRING 2005 37 @ the Law School
Every day, new and exciting activities and events occur at the Law School as we sponsor programs that educate our students and inform the out- side world.The spring semester brought us the Horatio Ellsworth Kellar Distinguished Visitors Lecture and the John Dewey Lecture in the Philoso- phy of Law, and the Kommerstad Center for Business Law and Entrepre- neurship recently sponsored a lecture by Bob Sparboe.This semester we also inaugurated two new clinics, adding to the already impressive clinical program.We are also pleased to report that we had a record number of students receive federal appellate court clerkships this year.And in this section, you will find brief profiles of some new and important administra- tive staff at the Law School.We encourage you to drop by or attend one of our upcoming events and meet these new members of the Law School family. Finally, we offer an in-depth piece on the Law School’s superb Legal Research and Writing Program.
38 Law Alumni News SPRING 2005 @ the Law School
bringing the total number of clinics The Horatio Ellsworth Kellar available to second- and third-year law Distinguished Visitor Lecture students to 17. The new Workers’ Center Clinic is a fter orchestrat- community-based project that was ing the biggest developed in partnership with the ANative Ameri- Twin Cities Religion and Labor Net- can celebration ever to work.According to Visiting Professor occur in Washington Doug Smith, the director of the new D.C.,W.Richard West, clinic, it aims to bring together lawyers Jr. traveled to the Uni- and workers in ways that will help versity of Minnesota improve workers’ lives. Law School to deliver the Horatio Ellsworth The clinic plans to focus on helping Kellar Distinguished workers who typically lack traditional Visitor Lecture on legal- or trade-union protection, such November 16, 2004. as day laborers and immigrant workers. West, a member of As a result, the assistance provided Cheyenne and Arapa- through the clinic will often be ho tribes of Okla- unconventional. homa, is the founding director of the Nation- “One of our goals is to create connec- al Museum of the tions among workers, so they can American Indian advocate for themselves,” Smith (NMAI), the most explains.“To do this,we might do recent addition to the things like help them organize, or Smithsonian Museum work to create some kind of coopera- system. tive structure they could work under, rather than going through a temporary West graduated from agency that will take a good share of the University of Red- their wages.” lands in 1965, and then earned a master’s in history from Har- W. Richard West, Jr. Director of the In addition to meeting a pressing com- vard University. Upon graduating from National Museum of the American munity need, this alternative approach Stanford Law School, he joined the Indian. to lawyering gives students an opportu- law firm of Fried, Frank, Harris, Shriv- nity to explore legal practice options er & Jacobson in Washington, D.C. In Kellar’s vision drives the interdiscipli- outside of litigation.“This clinic differs 1988,West and several colleagues start- nary nature of the program, in keeping from most of the other clinical pro- ed their own firm in Albuquerque, with his father’s many interests.The grams because it departs from the stan- NM. In 1990,West become the first highly popular lecture series offers dard model of practicing law, where director of the NMAI. Since then, he thought-provoking explorations that lawyers act like technicians who fix the has faced innumerable challenges in connect emerging issues in the law to problems of clients who come to them. opening the museum, raising hundreds other disciplines such as art, drama, and Instead, we’re out there talking with of millions of dollars, and working literature. ✷ workers about the issues they face and with Congress and numerous tribes in letting them tell us how we can help.” order to open the doors by September 21, 2004. This hands-on approach appeals to Enhancing Legal Andrew Hamilton, a third-year student Everyone wants to talk with Rick West who has been participating in the these days, and the Law School was Education Workers’ Center Clinic since last sum- fortunate to have him give a visionary The Law School’s Clinical mer.“I have been involved in the labor lecture entitled “Native America in the movement, so I’m aware of the limita- 21st Century: Out of the Mists and Education Program launches tions of labor laws,” he explains.“I Beyond Myth.” took this clinic because I want to learn two new live-client clinics new ways to help people like day Curtis B. Kellar established the Horatio n January, the Law School added the laborers who have non-traditional Ellsworth Kellar Distinguished Visitor Workers’ Center Clinic and the work situations that make it impossible Lecture in memory of his father, a IInnocence Clinic to its nationally for them to get any sort of collective banker in Albert Lea, Minnesota. recognized clinical education program, bargaining agreement, or other protec-
Law Alumni News SPRING 2005 39 @ the Law School tion, when employers are not treating them right.” The John Dewey Lecture in Like the Workers’ Center Clinic, the the Philosophy of Law Innocence Clinic offers law students a unique opportunity to help clients n April 7, 2005, who have few resources but significant John Ferejohn, need. Students will work in conjunc- the Carolyn S. tion with the Innocence Project of O G. Munro Professor of Minnesota (IPMN), which provides Political Science at Stan- pro-bono investigative and legal assis- ford University, gave the tance to prisoners trying to prove they annual John Dewey Lec- have been wrongfully convicted.The ture in the Philosophy of Innocence Clinic will investigate Law.The title of his lec- claims of innocence brought by ture was “Democratic inmates in Minnesota, North Dakota, Constitutionalism.” He is and South Dakota.The clinic is direct- also a senior fellow at the ed by adjunct instructor Julie Jonas, Hoover Institution Grad- IPMN’s managing attorney. uate School of Business, and a regular visiting The establishment of the clinic comes professor at New York at a time of national recognition of the University Law School. prevalence of wrongful convictions, as Ferejohn’s primary areas well as reconsideration of the death of scholarly interest are penalty.According to IPMN’s website, positive political theory more than 146 wrongfully convicted and the study of political inmates around the country have been institutions and behavior. freed after successfully establishing their His current research innocence. focuses on Congress and policymaking, political Working with a staff attorney, students campaigns and election in the Innocence Clinic will begin returns, and the philoso- their investigation of a case by obtain- phy of social science. He earned his John Ferejohn, Carolyn S. G. Munro ing all of the relevant documents, such Ph.D. in political science at Stanford Professor of Political Science at as police and forensic reports and court University. Stanford University. transcripts.They may also speak with trial and appellate attorneys who have The John Dewey Lectureship is named worked on the case. Once a case is ophy at the University of Minnesota in honor of John Dewey (1859–1952), deemed viable, students will visit (1888–89).The John Dewey Lecture- American philosopher, educator, and inmates in prison to talk with them ship is funded by a grant from the scholar.A proponent of legal realism, about their claims. In many instances, John Dewey Foundation, and is spon- Dewey’s philosophy of pragmatism students may also search for new evi- sored by the University of Minnesota related his conception of a moral life dence to support their clients’ claims. Law School to provide a forum for to a variety of contemporary social, significant scholarly contributions to economic, and political issues. Dewey Those who want to participate in the the development of jurisprudence. ✷ spent one year as a professor of philos- clinic must first take the Law School’s Wrongful Convictions course, says Maury Landsman, director of the Law Clinics.“That course will give them a good foundation for what they’ll be working on,” he explains, adding that The University of several students were eager to sign up Minnesota Law School for the new clinic.“There are many students who are very interested in recently ranked 19th in helping people who have been wrong- 19th fully convicted, so we’re glad to be able the 2006 Edition of the U.S. News & World to offer them this opportunity.” ✷ Report’s America’s Best Graduate Schools. By Meleah Maynard. Maynard is a Minneapolis freelance writer and a 1991 graduate of the University of Minnesota.
40 Law Alumni News SPRING 2005 @ the Law School
Thank you to the sponsors, student and staff voluneteers, professors, alumni and participants who made this year’s race a success!
Kommerstad Center for Business Law & Entrepreneurship Lecture
n February, the Robert M. Kom- Bob Sparboe, President of Sparboe SAVE merstad Center for Business Law Companies. Iand Entrepreneurship sponsored a THE lecture by Bob Sparboe titled “The Entrepreneurial Organization.”The nesota, and by making generous con- lecture drew a large crowd of students tributions to the Carlson School of DATE! interested in corporate law and busi- Management to further the study of ness.Also in attendance were several entrepreneurship. visitors from the Carlson School of APRIL 9, 2006 Management and the business Sparboe shared some of the expertise community. he has developed over the last fifty RACE FOR JUSTICE years. He left the audience with several Sparboe is the founder and president book recommendations and a philo- 5K Fun Run/Walk of Sparboe Companies, which owns sophical look at being a successful Sparboe Farms, Sparboe Foods Corpo- entrepreneur. ration, Center National Bank, Center Mark Your Calendar NOW to Insurance Agency, and AGRI-TECH. The Kommerstad Center for Business attend the Law School’s largest He was recently inducted into the Law and Entrepreneurship also pub- public interest fundraiser!!! Minnesota Business Hall of Fame. lishes the Minnesota Journal of Busi- ness Law and Entrepreneurship and The Race for Justice is coordinated In 1954, with $5,400, Sparboe formed operates the Multi-Profession Business each year by the Public Interest Law Sparboe Farms—a company that is Law Clinic, which assists small busi- among the largest egg producers in the nesses with transactional legal work.✷ Students’ Association. If you would like United States. He has also donated his more information, including how your time and resources by establishing the By Ryan Miske. Miske (Class of 2005) is the organization can be a recognized Shirley Sparboe chair in Breast Cancer Editor-in-Chief of the Minnesota Law Review. race sponsor, E-Mail: [email protected] Research at the University of Min-
Law Alumni News SPRING 2005 41 @ the Law School
joining the External Relations Office, he was Staff Additions and Changes Assistant Director of Development at the University of Chicago Law School. DANA BARTOCCI is the new Special he served for seven years as the registrar Assistant to the Dean and Career Advisor. and graduate admissions manager for the TERRI MISCHE (Class of 1981) has Bartocci splits her time between working on University School of Nursing, and most assumed the position of Major Gifts Offi- special Admissions projects, including diversi- recently worked in faculty support at cer, after serving as the Director of Alumni ty recruiting, and advising students in the Capella University, an online university with Relations & Communications for the last Career Services Office. She received her J.D. headquarters in downtown Minneapolis. nine years. She received her B.A. and J.D. and her M.S. in Educational Administration from the University of Minnesota. Prior to from the University of Wisconsin-Madison. SARA JONES (Class of 1988) is the new joining the Law School, Mische worked for Prior to joining the Law School, she worked Director of Alumni Relations & Annual Giv- the University Attorney’s Office, the Hen- at William Mitchell College of Law as the ing. Jones received a B.S. from Northwest- nepin County Attorney’s Office, two private Associate Director of Career Services. ern University and her J.D. from the Uni- law firms, the University of Minnesota Pro- versity of Minnesota. She fessional Development and Conferences served for six years as an Services Department, and the University of Assistant Attorney Gener- Minnesota Alumni Association. al for the State of Min- nesota, followed by sever- JULIE TIGGES returns to Law School al years in private practice administration after a decade of raising at Popham, Haik, Schno- twins and developing websites for small brich & Kaufman and Hal- businesses, among other things. She received leland Lewis Nilan Sipkins her B.A. and J.D. from the University of & Johnson. Inspired by her Iowa. She clerked for The Honorable Myron years of service as a H. Bright, Senior Circuit Judge for the Eighth board member and Presi- Circuit Court of Appeals and The Honor- dent of Minnesota able James B. Loken, Chief Judge for the Women Lawyers, she Eighth Circuit Court of Appeals. She cur- transitioned into the rently is working with the Admissions Com- development profession, mittee. She previously worked at the Law earning a Mini-MBA for School as Assistant Dean for a semester and Nonprofit Organizations as an adjunct legal writing instructor. from the University of St. Thomas. Jones worked at ELIZABETH “LIBBY” the Walker Art Center WASHBURN is the new Director of and as the planned giving Communications and Special Assistant to The Office of External Relations is expanding alumni pro- officer at William Mitchell gramming and ramping up annual fundraising, thanks to the the Dean.Washburn works part-time and College of Law before serves as the primary editor for Law School addition of one new position and relocation of Communi- joining the University of publications. She is responsible for all media cations as its own department at the Law School. New Minnesota in February. and government relations, and is also in and newly assigned staff members noted in this article: charge of preparing documents and reports Sara Jones (top right), Scotty Mann (top left) and Terri Mis- ERIN KEYES (Class of required by accrediting bodies and the Uni- che (bottom left). Also pictured: Martha Martin (Director 2000) is the new Assistant versity.Washburn has a B.A. from the Uni- Dean of Students. Keyes of External Relations and Development Director, bottom versity of Oklahoma, an M.A. from Texas earned her B.A. in History Woman’s University, and a J.D. from the Uni- center), Bev Wilson (Assistant to the Development Direc- at Carleton College, versity of New Mexico. Before joining the tor for Donor Relations, bottom right) and Mark Swanson where she worked for a Law School, she had a varied legal career as (Executive Assistant, External Relations, top center). Please year after graduation at an Honor’s Program attorney at the U.S. contact us at 612-624-0097 to help engage alumni and the Learning and Teaching Department of the Interior, an associate Center and Office of Resi- friends in the life of the Law School and increase crucial attorney at Sonosky, Chambers, Sachse, dential Life.After earning Endreson & Perry, and Legislative Counsel philanthropic support! her J.D. from the Universi- for the Chairman of the U.S. Senate Energy ty of Minnesota, Keyes & Natural Resources Committee. MIKE GALEGHER is the new Registrar clerked for Judge Diana Eagon in Hennepin for the Law School. He has a B.A. from the County, and then joined Central Minnesota KATHLEEN WESTON is the new Law University of Minnesota-Morris with a Legal Services as a Staff Attorney, practicing Clinics Administrator. She earned a B.A. in major in English and a minor in Chemistry. in the areas of family and housing law. English Literature from the University of As an undergraduate, he studied pre-med Southern Indiana.After teaching a year of and briefly attended University Medical SCOTTY MANN is the new Assistant high school English at in Evansville, Indiana, School after graduation. He left medical Director of Alumni Relations & Annual Giv- she moved to the Twin Cities. Before join- school after a year to enter the Ph.D. pro- ing. He received his B.A. from Southern ing the Clinics, she worked at Minnesota gram in English literature at the University Methodist University and his J.D. from the Public Radio in the Membership/Develop- of Minnesota.While in graduate school, he University of Chicago Law School. Mann’s ment Division and for William Mitchell Col- taught literature and humanities for ten diverse experience includes running his own lege of Law as the Administrative Coordi- years at Metro State University and also sports memorabilia business during college nator for Clinics and Externships. ✷ began working in the student service area and working as an associate attorney at as an undergraduate advisor. More recently, Hughes & Luce, LLP in Dallas,Texas.Prior to
42 Law Alumni News SPRING 2005 @ the Law School
uation, one of our students will work University of Minnesota Law for a judge on the U.S. Court of Appeals for the Tenth Circuit in Salt Students Receive Record Lake City, Utah—a judge who is wide- ly known to send former clerks on to Number of Federal Appellate clerkships with U.S. Supreme Court Justices. Other notable placements Court Clerkships include three students who will clerk for Judge Roger Wollman on the U.S. he University of Minnesota Law gramming by the Faculty Judicial Court of Appeals for the Eighth Circuit School has a long history of Clerkship Committee and the Career in Sioux Falls, South Dakota (constitut- Thaving one of the highest per- Services Office helped to explain the ing the entire stable of clerks for Judge centages of graduates who work as application and hiring process to stu- Wollman for the 2005–2006 term); one judicial law clerks after graduation. For dents, and provided strategies for select- student who will clerk for a judge on more than a decade, approximately ing judges and scheduling interviews. the U.S. Court of Appeals for the one-quarter of any given class has gone Ninth Circuit in San Francisco, Cali- on to take a judicial clerkship. In large The net result of these efforts has been fornia; and another student who will part, this phenomenon has been due to quite positive. Seven graduates of the clerk for a judge on the U.S. Court of the practice of hiring entry-level law Class of 2004 were able to secure Appeals for the Sixth Circuit in Lex- clerks at the Minnesota state trial court clerkships with federal appellate court ington, Kentucky.These clerkships are level.The Law School enjoys strong judges. In addition to the U.S. Court of in addition to continued success by our relationships with many state district Appeals for the Eight Circiut, where graduates and students in securing courts, but has also begun a concerted our graduates always have a strong clerkships with judges on the local fed- effort to increase the placement of showing, we have two graduates who eral district and court of appeals bench- graduates with federal district and cir- are currently working for judges on the es, as well as the state appellate courts. cuit court judges. In addition, two U.S. Court of Appeals for the Ninth years ago, an ad hoc committee of fed- Circuit in Seattle,Washington and We are pleased with the recent suc- eral circuit court judges recommended Reno, Nevada, respectively; one gradu- cesses of our graduating classes, and are the adoption of a uniform time frame ate who is working for a judge on the committed to improving our efforts to for law clerk hiring—one that coin- U.S. Court of Appeals for the Federal assist students with the judicial clerk- cides with the fall semester of the third Circuit in Washington, DC; and anoth- ship hiring process.As alumni, you play year of law school. (In prior years, fed- er graduate who is working for a judge a vital role with your continued sup- eral judicial law clerks were hired as on the U.S. Court of Appeals for the port for the Law School and its initia- early as the fall of their second year.) Seventh Circuit in West Lafayette, Indi- tives. If you have questions about the The combination of these two devel- ana.The geographic reach of graduates Law School’s judicial clerkship efforts, opments has enabled the Law School taking clerkships at the federal trial please contact me at the Career Ser- to increase the geographic reach and court level also expanded, with place- vices Office at 612-625-1866, or via e- ✷ prestige of the clerkships offered to the ments on district courts in New York, mail at [email protected]. Classes of 2004 and 2005. Pennsylvania, and Virginia.This past fall, the Class of 2005 was even more suc- By Steve Marchese, Associate Director of the Career Services Office. Starting with the Class of 2004, the cessful, with eight placements at the Law School took several steps to federal appellate court level.After grad- increase the numbers of successful fed- eral judicial law clerk candidates.With assistance from the faculty, the Law School assisted students with the most interest and encouraged them to con- Number of University of Minnesota Law sider applying for federal judicial law School publications, including Minnesota clerk positions.The Career Services Office increased its capacity to advise 7 Law Review, Law and Inequality:A Journal candidates by hiring staff with prior of Theory and Practice, Minnesota Journal of Global judicial law clerk experience, and by more closely tracking where students Trade, Minnesota Journal of Law, Science & Tech- were applying and the timing of their nology, Constitutional Commentary, Crime and Jus- applications.The Law School commit- ted additional administrative resources, tice, and the Minnesota Journal of Business Law including hiring temporary secretarial support during the late summer, in and Entrepreneurship. order to ensure the timely completion of faculty recommendations. Joint pro-
Law Alumni News SPRING 2005 43 @ the Law School
Learning to be a Lawyer neys to learn how to write well,” says Professor Brad Clary.“Good lawyers The Law School’s Legal Research and Writing Program spend a lifetime learning.” is much more than just a handful of writing courses. It’s a Clary took over as director of the Law three-year experience that equips student attorneys with School’s Legal Research and Writing Program six years ago.The program is the skills they need to be standouts in their fields. clearly superior to many at other schools. For example, classes are co- t’s true what they say about the first from running for the door, she says, is taught, with practicing attorneys like year of law school, says Betsy an educational environment that is Hoium pairing up with upper-level Hoium (Class of 1995).“It’s sup- “scary to the point of being challeng- law students who have already com- Iposed to scare you to death.”After ing, but not devastating.” pleted the course.That way, students all, law students are training to repre- get the dual benefit of learning from a sent clients who expect exemplary Hoium’s thoughts on the rigors of law working attorney, and the chance to legal services and advice on life-chang- school aren’t based solely on her own get advice from someone who very ing issues. So before students can experiences as a student. For the past recently knew exactly what it felt like become poised, well-spoken attorneys seven years, in addition to being a staff to be in their shoes. who appear in court as a matter of attorney for the Metropolitan Airports routine, they must first endure rigorous Commission, she has taught first-year “Legal writing is one of the most writing instruction, learn how to argue legal writing and research as an adjunct hands-on classes I had at the Law persuasively, and struggle to overcome instructor. School,” says Kristi Warner (Class of any fears they may have about public 1995), a partner with the Minneapolis speaking. Because writing is an essential skill for law firm Brownson & Ballou who has lawyers, all law schools offer some kind also been an adjunct legal writing “Law school teaches you a whole new of legal writing coursework. But the instructor for the past seven years.“I way of thinking and writing,” Hoium University of Minnesota Law School remember thinking the class would be continues,“and it’s definitely frighten- requires students to take at least one easy for me because I’d been an Eng- ing to stand up in front of people and intensive writing course during each of lish major before going to law school,” take questions and argue a point.”The their three years of study.“It takes she recalls.“But it was very difficult to thing that keeps first-year students more than one year for student attor- write in a way that proved and sup-
44 Law Alumni News SPRING 2005 @ the Law School ported the legal arguments I was mak- “I think the fundamental role of a lem. Students in the Maynard Pirsig ing. I keep that in mind when I’m lawyer is to solve problems for people Moot Court are currently working on teaching my students, and I’m con- through logic and communication,” an affirmative action issue. stantly telling them that what they’re says Clary.“These classes are helping doing will be very effective in the students learn to think about legal Though the moot courts are quite future.” problems, and to develop the skills challenging, even students who write they’ll need to hit the ground running for law journals may choose to partici- In addition to experienced and empa- when they start working somewhere pate in them in order to gain experi- thetic instructors, one of the key rea- after graduation.” ence that will be invaluable, regardless sons for the legal writing program’s of the type of law they choose to prac- success is class size. Clary views the THE MOOT COURT PROGRAM tice.“All lawyers should be able to writing program as a series of devel- Training in legal writing intensifies in think on their feet, whether they are opmental steps for law students. the second year, when students must litigators or not,” says Clary. Because the first-year course is essen- choose between becoming a staff mem- tially a way to help stu- After the first-year writing program ends, dents with different THE LAW SCHOOL’S EIGHT MOOT PROGRAMS INCLUDE: backgrounds and skill students submit appli- cations for the moot sets acquire a common ABA National Appellate Advocacy Competition Team foundation, the class is court programs in divided into 22 separate Civil Rights Moot Court which they most want sections of 12 to 14 to participate.Appli- students. Each section is Environmental Law Moot Court cants are evaluated on taught seminar style. the quality of the Intellectual Property Moot Court revised trial court brief they wrote in their “The small classes are International Law Moot Court legal writing course, as one of my favorite well as on recommen- things about teaching at Maynard Pirsig Moot Court dations they receive the Law School,” says from legal writing Hoium.“I can give the National Moot Court instructors. students the individual Wagner Labor and Employment Law Moot Court attention they need.” Those who are not The informal class selected for invitational structure also allows ber on one of the law school’s four stu- moot courts are auto- Hoium and her co-instructor to matically assigned to the Maynard Pir- answer questions that students are dent-edited journals, or participating in one of eight moot court programs. sig Moot Court.While this may make often afraid to ask elsewhere. it sound like the court of last resort, In many law schools, moot courts are the two top participants in each sec- “Law school can be overwhelming considered extracurricular activities. tion are given the chance to compete when you’re just starting,” she says. But the University of Minnesota Law in an intramural honors tournament. “Students in my classes talk about School treats them as graded courses, Four additional members of this court things they’re worried about and ask believing that the hands-on skills the are invited to join the Law School’s all kinds of questions, like which classes moot courts offer are integral to stu- ABA National Appellate Advocacy they should take.They would be much dents’ learning. Competition Team.In the past four- less likely to bring those things up in a teen years,ABA teams have advanced more formal setting.” The moot courts build on students’ six times beyond regional competition, newfound ability to understand and to the ABA national final rounds. In class, students tackle writing assign- communicate legal issues, by requiring ments of varying difficulty.The assign- them to practice their skills in a simu- All of the moot courts field intercolle- ments are designed to lead them lated court setting. Using mock prob- giate competition teams, made up of through the steps involved in spotting lems involving current legal issues, stu- students selected from the second-year a potential legal issue, analyzing and dents hone their written and oral program.The Law School’s teams have researching it, and communicating advocacy skills by arguing cases to been very successful over the years.The their findings and opinions in well- faux appellate courts. Cases are tailored Intellectual Property Moot Court team crafted and persuasive ways. One to fit the theme of each particular was the undefeated national champion recent assignment, for example, asked court. For example, students on the in 1996, and finished second nationally students to give legal advice to home- Intellectual Property Moot Court in the Giles Sutherland Rich Competi- owners who were considering cancel- worked on a trademark issue in the tion in 2004.The Environmental Moot ing a roofing project with a company fall, and then switched gears in the Court team won the national Best that expected to get the job. spring to address a trade secrets prob- Brief trophy in 2001, and the Best
Law Alumni News SPRING 2005 45 @ the Law School
Intervenor Brief trophy in 2003 in the Stakes are high at the national compe- the moot courts with helping him Pace Competition.The McGee Civil tition. But Hobbs figures he endured learn to work as a team.“In law Rights Moot Court team was the less stress than some of his peers. He school, you do most of your work national champion in 2002, the nation- gained confidence from his experience yourself. But the moot courts require al runner-up in 2000, and finished arguing a case before the Minnesota you to work together, which is what third in the nation in 2004. Court of Appeals during law school, as you have to do at a firm.You can’t just well as from his participation in his say to someone you’re working with: But one of the most stunning recent high school debate team. Still, he con- ‘Well, my part’s good, so I’m done.’” wins happened last year, when the cedes, the environment was very National Moot Court team placed sec- nerve-wracking.“I’m used to going to Betsy Hoium, who participated in the ond in the National Moot Court tournaments and spending a lot of International Moot Court while in Competition. Each year, the team, time in rounds,” he says.“But at the Law School, agrees that the moot court which argues mock United States nationals we didn’t start competing program helped her career immensely. Supreme Court cases, competes with until early evening because New York “I’d have to say that moot court was approximately 150 law schools in the City attorneys were acting as our the best thing I did in law school,” she national competition.The judges.We had to wait until they got says.“We worked on a human rights competition is sponsored issue, and the oral argu- by the American College AWARDS AND HONORS ment training was phe- of Trial Lawyers and the nomenal.Anybody can Young Lawyers Commit- In the past 15 years, the Law School’s moot court teams anticipate softball ques- tee of the Association of have achieved high honors at both group and individual tions, but moot court the Bar of the City of levels. Here’s a glance at their successes: taught me how to antici- New York. pate questions and be pre- Championships: three national and nine regional. pared to answer them.” In the last 23 years, Next year, Hoium will National Moot Court “Best Brief” awards: five national and seventeen regional. revisit her moot court days teams from the Law when she takes a break School have advanced 12 Oral advocacy awards: two national and ten regional. from teaching legal writ- times from the regional ing to teach International competition to the nation- Moot Court. al final rounds in New York.But last off work, so we sat around all day year, an historic first was reached when being nervous.” The success of the moot court compe- the Law School’s team not only tition teams clearly indicates that the emerged as one of 28 teams—out of an And pressure mounts as the week goes Law School’s approach to helping stu- original group of 198—to make it to on.“There’s no audience at first,” dents learn to be effective communica- the national finals, but also went on to Hobbs continues.“But by the final tors is working, says Clary. He coaches argue for the national championship rounds there are people everywhere, the national competition team, along against a team from South Texas Col- including several judges, and the whole with adjunct co-advisor Kristin lege of Law. thing is being videotaped. It’s over- Sankovitz (Class of 1997).“The train- whelming, but it’s also very exciting.” ing students are getting is obviously Nathan Hobbs (Class of 2003) was one helping because when we go head-to- of three members of the Law School’s Hobbs, who now works an associate head with other teams, our students are team, which also included Devon attorney with Minneapolis-based successful.” Mickelson (Class of 2003) and Todd Heins, Mills & Olson, P.L.C., received Sorenson (Class of 2003).“This was an American College of Trial Lawyers Ultimately the program Clary directs really exciting,” recalls Hobbs,“because prize for being the second best speaker may be called Legal Research and the Law School often goes to the in the national championship. Of all Writing—but it is really a series of national competition, but we had never the things he did during law school, courses on how to be a lawyer.“I prac- advanced past the final eight teams.” Hobbs thinks his work in the moot ticed law for 24 years full-time and I court program was the most beneficial really liked it,” he says.“I want our Each team tackles the same legal ques- to his career. graduates to come out of the Law tions at the national competition. Last School with the skills they need to feel year, Hobbs and his teammates took “The brief writing process is fairly confident as they pursue whatever area on the issues of whether actual confu- intense and you’re not allowed to get of law they choose. It’s an increasingly sion is required as the only evidence of help from instructors, so you have to competitive environment out there and likelihood of confusion in a trade figure things out for yourself,” he they need to be prepared for it.” ✷ name infringement case, and whether a explains.“That’s extremely useful particular kind of statute constituted a because no one is going to figure those By Meleah Maynard. Maynard is a Minneapolis valid regulation of speech under the things out for you on the job.” Hobbs freelance writer and a 1991 graduate of the First Amendment. also credits the collaborative nature of University of Minnesota.
46 Law Alumni News SPRING 2005 @ the Law School
❯Adjunct Professor Profiles
Lawyers Who Teach Students often think their teachers have no idea what they’re going through. Meet three first-year legal writing instructors who know exactly what it’s like to be in their students’ shoes. BETSY HOIUM doing transactional work, such as han- final reports on how recently-passed Betsy Hoium (Class of 1995) learned a dling leases for all of the airlines, stores, legislation would affect hospitals.“A lot lot of useful skills while participating in restaurants, and car rental companies. of the legislation I was reading sound- the International Moot Court at the It’s my job to put a lot of positive ed like mumbo-jumbo,” she says,“so I Law School. One of the most valuable things together, and if they’re done decided to go to law school and, hope- was how to tell when someone is talk- right, the traveling public doesn’t see fully, all that legal language would ing around a question, rather than anything but the result.” Even though make more sense.What I found out directly answering it.“I can really tell she does not litigate, she has found her was that they were just badly written when someone is not giving me an moot court training to be very valu- to start with!” answer, or trying to get around provid- able when she gives presentations at ing the information I’ve asked for,” she Commission meetings and airport For this reason, Hoium really empha- says, before adding with a laugh: conferences. sizes the use of plain language to her “That’s not only helpful to me as an writing students. Prior to joining the attorney. It’s helpful in my life.” Commission, she clerked for the Hon- orable James C. Harten at the Min- For the past seven years, Hoium, who nesota Court of Appeals. graduated magna cum laude, has worked as an adjunct instructor in the Law RACHEL CLARK HUGHEY School’s Legal Research and Writing Rachel Clark Hughey (Class of 2003) program.“One of the things I like to enjoyed her first-year legal writing do is have students bring in 10 ques- course so much, she returned after tions that they think a judge on a case graduation to teach the class as an they’re writing about might ask them,” adjunct instructor.“Learning to write she explains.“I try to teach them to be like a lawyer is so important,” she ready to handle anything that comes explains.“I had a great experience in their way.” that class, and I really want to help others have the same.” In addition to participating in moot Recently, Hoium accepted a two-year court when she was in law school, assignment as Contract and Project Hughey, an associate specializing in Hoium also served on the staff of Law Manager for Airport Operations, dur- intellectual property law with the Min- and Inequality:A Journal of Theory and ing which she will be responsible for neapolis law firm Merchant & Gould, Practice. Her student article examined managing a $1.5 million annual budg- also co-teaches the Intellectual Proper- whether airport chapels were constitu- et, as well as negotiating and oversee- ty Moot Court class and co-coaches tional under the Establishment Clause ing contracts for light rail transit, air- the Intellectual Property Moot Court of the First Amendment.The article craft fueling, and loading dock man- competition team. Last year, her IP was later published in the University of agement.The move, she says, will help Moot Court competition team placed Northern Ohio Law Review. her gain valuable management experi- second at the national competition. ence, which will come in handy as her Hoium became interested in airport career advances. During her years at the Law School, law during her second year of law Hughey opted to work on a journal, school, when she took an intern posi- Hoium earned her undergraduate rather than participating in moot tion at the Metropolitan Airports degree in history summa cum laude court.“I chose to work on the Min- Commission. For the past eight years, from the University in 1991. She nesota Law Review because I enjoy aca- she has worked for the Commission as decided to go to law school after demic writing, and I thought it could a staff attorney. She likes the fact that working for the Minnesota Hospital help open doors for me if I decided to the job allows her to do a little bit of Association, a trade association repre- go into academia,” she explains, adding everything.“Airport law is a very small senting all of the hospitals in the state. that she still considers someday field of practice,” she says.“But I like Working alongside lawyers, she wrote becoming a law professor.
Law Alumni News SPRING 2005 47 @ the Law School
Believing that a technical degree wracking. But it was something I really would make her more valuable to needed to learn how to do.” future clients, Hughey pursued a chemical engineering degree as an Warner, who has been with Brownson undergraduate at the University of & Ballou since 2001, was formerly Wisconsin-Madison.“Clients trust you with the law firm of Stich,Angell, more if you really understand the Kreidler, Brownson & Ballou, P.A., issues they’re dealing with,” she which she joined in 1995. Currently, explains. she is putting her moot court training to work as lead counsel for several dif- Hughey accepted her current position ferent manufacturers and distributors at Merchant & Gould after interning involved in asbestos litigation. with the firm during law school. Next Looking back now, Hughey sometimes year she plans to take a leave of Though she specializes in civil litiga- finds herself wishing she’d added a absence to go to Washington, D.C., to tion, with an emphasis on products lia- moot court to her busy student sched- clerk for judge Alvin A. Schall of the bility, toxic torts, and premises liability, ule.“Now that I teach moot court, I United States Court of Appeals for the Warner likes the fact that litigation can see how much students learn by Federal Circuit. practice allows her to always be doing doing. Moot court is really the best something different. For example, she way to learn how to do the things KRISTI WARNER might represent Asian and European you’ll have to do as a lawyer.” After seven years of teaching first-year companies in jurisdictional disputes, or legal writing as an adjunct instructor at defend local businesses and individuals All regrets aside, it’s obvious that the Law School, Kristi Warner (Class of involved in personal injury claims. Hughey is in no way lacking in legal 1995) is used to having bleary-eyed know-how.As a second-year staffer on students throw up their hands in frus- the Law Review, she wrote an article on tration over assignments and beseech collateral estoppel of claim interpreta- her to “just give us the answers.” Hav- tion in patent law. Published in Volume ing gone through the class herself, she 86 of the Minnesota Law Review, the empathizes with their plight; but she article won the Volume 85 & 86 doesn’t give in.“Legal writing really is Memorial Fund Award for Outstanding a trial-by-error class,”she explains.“I Note. During her third year, she served always tell them that they’ve got to go as a Note and Comment editor. out and find their own answers, because if I give them everything they Since graduating magna cum laude, need to write a persuasive brief, what Hughey has continued her commit- will they do when they get a job in the ment to legal scholarship, publishing real world? By the end of class,” she articles on subjects ranging from patent continues,“I really think they get that.” In June of last year,Warner won her litigation to trademarks and licensing. first Minnesota Supreme Court case, This past summer, an article she co- Warner, a partner at the Minneapolis Juelich v.Yamazaki Mazak, a personal wrote on patent claim interpretation law firm Brownson & Ballou, was on jurisdiction case in which a Japanese was featured on the cover of The Fed- the National Moot Court team during company argued that it was not subject eral Lawyer. her second year of law school. In her to suit in Minnesota.“An interesting third year, she became director of that aspect of the case was that the Min- Hughey’s interest in intellectual prop- court.“The experience was an honor nesota Supreme Court refused to exer- erty law began when she was 15, when for me,” she says, adding that moot cise personal jurisdiction over the for- a family friend told her how much he court was one of the most valuable eign defendant, even though the enjoyed working as a patent attorney. experiences she had in law school. defendant maintained an international ✷ “I remember him talking about how website,”Warner points out. interesting and fulfilling his work was,” “I knew I was interested in litigation, she recalls.“After that day I did some and moot court was definitely a confi- By Meleah Maynard. Maynard is a Minneapolis dence builder for me, because standing freelance writer and a 1991 graduate of the research and decided that’s what I University of Minnesota. wanted to do, too.” up in front of judges was so nerve-
Rank of the Minnesota Law Review in a list of most-cited law 17th reviews in the country.
48 Law Alumni News SPRING 2005 @ the Law School
2004–2005 INTERCOLLEGIATE COMPETITION MOOT COURTS
ABA MOOT COURT out of eighteen teams.They competed sentiments:“The students work dili- The Law School fielded two teams in the National Competition in Wash- gently to learn the problem, prepare that competed in the regional rounds ington D.C. on April 13–15. Jarom quality briefs and argue persuasively. of the National Appellate Advocacy Kesler (3L) and Divya Arora (3L) also Because of that, they are successful.” Competition.The four students were argued for the University of Minnesota 3Ls Daniel Ventura and Bridget at the Northeast Regional Competition INTERNATIONAL MOOT McCauley and 2Ls Laurence Reszetar and did very well. Unfortunately, only COURT and Amber Windschitl.The team was one team per school can advance. After many hard weeks of practice, 2Ls coached by adjunct advisor Michael Peter Scott,Yuliya Mirzoyan, Sulejman Vanselow. Rachel Clark Hughey and Will Dizdarevic, Lesli Rawles, and Michael Schultz, attorneys at Merchant & Vellon competed in the Phillip C. Jes- ENVIRONMENTAL MOOT Gould, have been co-coaching the sup International Law Moot Court COURT Intellectual Property Moot Court Regional Competition in St. Louis, The Law School again fielded a team competition team for the past two Missouri, February 25–27.The team in the Environmental Moot Court years.“I am really proud of the compe- made an impressive showing and Competition held at Pace Law School. tition teams—they worked very hard returned with a number of awards.The During the preliminary rounds, team and earned their success.This will be a Applicant’s Memorial, written by Sule- member Mark Ryberg (3L) earned the valuable experience that they will be jman Dizdarevic,Yuliya Mirzoyan, and Best Oralist designation for the second able to draw on for the rest of their Peter Scott, received First Place. Merely of three rounds. The team advanced to careers,” Rachel stated.Will echoed her two points behind, the Respondent's the quarterfinal round, where Nick “Carl”Velde (2L) argued new issues after being debriefed earlier that after- ABA MOOT COURT noon.The Minnesota team advanced National Appellate Advocacy Competition Regional Competitors past Arizona State and Rutgers to enter the semifinal round, along with CIVIL RIGHTS MOOT COURT eight other teams.Although the team McGee Competition Quarterfinalists was ultimately defeated, it performed well against competitors North Caroli- LABOR LAW MOOT COURT na and Boston College, highlighted by Wagner Competition Competitors the argument by team member Josh Welle (3L).The team was coached by INTELLECTUAL PROPERTY MOOT COURT adjunct advisors Richard Duncan and Giles S. Rich Competition Northeast Region Champions, National Elizabeth Schmiesing. Competitors (April, to be determined)
INTELLECTUAL PROPERTY INTERNATIONAL MOOT COURT MOOT COURT Jessup Competition Regional First Place Applicant’s Memorial, For the second year in a row, the Min- Regional Second Place Respondent's Memorial nesota Law School Intellectual Property NATIONAL ENVIRONMENTAL LAW MOOT COURT Moot Court competition team has been very successful.The team of Pace Competition Semifinalists Audrey Babcock (3L) and Peter Sid- NATIONAL MOOT COURT doway (3L) won the Giles S. Rich National Moot Court Competition Regional Third Place Petitioner Team, Northeast Regional Competition in Boston earlier this month, placing first National Quarterfinalists
Law Alumni News SPRING 2005 49 @ the Law School
2004–2005 INTERCOLLEGIATE COMPETITION MOOT COURTS Memorial, written by Lesli Rawles and Michael Vellon, received Second Place. Additionally, out of the approximately 60 contestants, Peter Scott received the Fourth Best Oralist award while Lesli Rawles received the Fifth Place Oralist award.The team was coached by adjunct advisor Michael Dolan.
MAYNARD PIRSIG MOOT COURT In the Law School’s own Maynard Pir- sig Moot Court Competition, the first place oral argument trophy went to Divya Raman (2L) who argued as Respondent in the final championship round.The second place oral argument trophy went to Chang Wang (2L), arguing as Appellant in the final cham- pionship round.The best brief trophy Maynard Pirsig Moot Court Competition. From left to right: Minnesota and Dorothy O. Lareau Award went to Supreme Court Justice Barry Anderson, Chang Wang, Divya Raman, and SooJung Han and the second place Minnesota Supreme Court Justice Russell Anderson. trophy went to Peter Franke. New York Law School.The team fin- public interest groups who claimed NATIONAL MOOT COURT ished 17th out of 37 teams, missing the that the concentration of low income The Law School’s National Moot octofinal round by only one place.The housing in areas already populated Court Competition teams had another team was coached by adjunct advisors primarily by people of color perpetu- stellar year in 2004–05.The Law Kai Richter and Leslie Watson. ates segregation and, thereby violates School fielded two teams for regional Title VIII of the Fair Housing Act of competition.The Petitioner team con- TWENTIETH ANNUAL 1968 and New Jersey’s Mount Laurel sisted of 3Ls Ryan Meikle, Nathan WILLIAM E. MCGEE NATIONAL Doctrine. Nelson, and Brandon Thompson, while CIVIL RIGHTS MOOT COURT the Respondent team consisted of 3Ls COMPETITION Chief Judge Edward Toussaint,Jr. and Shay Agsten, Maribeth Klein, and The Twentieth Annual William E. Judge Natalie E. Hudson of the Min- Adam Trampe.The Petitioner team was McGee National Civil Rights Moot nesota Court of Appeals, Hennepin undefeated until the regional semifinal Court Competition was held March 3, County District Court Judge Lloyd rounds (finishing in third place), and 4 and 5, 2005 at the University of Zimmerman, Counsel for the Min- was invited to the national finals in Minnesota Law School.Thirty-nine nesota Housing Finance Agency,Assis- New York.Brandon Thompson was teams from law schools across the tant Attorney General James E. Diner- named the region’s second best oralist. nation submitted briefs and then trav- stein and Jack Cann, Esq. of the Hous- Ryan Meikle was named the region’s eled to the Law School to argue orally ing Preservation Project presided over third best oralist. In the national final regarding the obligation, if any, of a the final argument in Lockhart Hall. rounds, the team was undefeated until housing mortgage finance agency to the quarterfinals.This was the third include racial integration as a goal in The University of California at Davis straight year, the fifth year out of the its efforts to develop low income hous- School of Law won First Place. Stetson last seven, and the sixth year out of the ing.The competition case was In re University College of Law came in last nine that a team from the Law Adoption of the 2003 Low Income Hous- second.The University of Detroit School has advanced to the national ing Tax Credit Qualified Allocation Plan, Mercy School of Law won Third Place finals.The teams were coached by clin- 369 N.J. Super. 2, 848 A.2d 1 (N.J. as well as Best Brief honors. Ohio ical professor Brad Clary and adjunct Super. Ct.App. Div. 2004), a decision State University Moritz College of co-advisor Kristin Sankovitz. of the Superior Court of New Jersey, Law Team 2 finished fourth.Andrea Appellate Division, affirming the New Fazel of the University of California at WAGNER MOOT COURT Jersey Housing and Mortgage Finance Davis School of Law won the Best 3Ls Jonathan Norrie, Joe Schmitt, and Agency’s plan for allocation of federal Oral Advocate of the Preliminary Jesse Sitz represented the Law School low-income housing tax credits to Rounds award and Stuart Bray of the at the 29th Annual Robert F.Wagner projects that would develop low University of Wisconsin Law School National Labor and Employment Law income housing in the inner city.This Team 2 won Best Oral Advocate Moot Court Competition held at the decision was challenged on appeal by Overall honors.
50 Law Alumni News SPRING 2005 @ the Law School
Other teams that advanced to the the Civil Rights Moot Court offered community organizer, and Timothy Quarter-Finals included: the University the volunteer judges the free Continu- Thompson, Esq., Litigation Director of of Minnesota Law School Team 2, ing Legal Education program,“Rx for Mid-Minnesota Legal Assistance, Inc. New York Law School, Georgia State the City:The Obligation, If Any, to Following the panel discussion, Profes- University College of Law, and Univer- Consider the Integrating/Segregating sor Orfield spoke concerning the stan- sity of Wisconsin Law School Team 2. Effect in Making Decisions Regarding dards and appropriate method of ana- Other teams that advanced to the the Type and Location of Low Income lyzing the Title VIII and Mount Laurel Round of Sixteen included: Norman Housing.”The program included a issues. Then, Justin Cummins, Esq. of Adrian Wiggins School of Law, Camp- panel discussion about the issues and the Miller-O’Brien law firm talked bell University Team 1,Norman Adrian policy considerations involved in deci- about the ethical issues raised by struc- Wiggins School of Law, Campbell sions regarding the form and location tural reform litigation brought on University Team 2,Southern Illinois of low income housing; in particular, behalf of individual claimants. University School of Law Team 1,Uni- to what extent such decisions should versity of St.Thomas School of Law be affected by their potential impact For more information about the Team 2,Brigham Young University on trends in the community toward McGee competition, photos, and addi- Law School, University of Minnesota racial integration or segregation.The tional 2005 highlights including top Law School Team 1,William Mitchell panel consisted of Professor Myron ten briefs and best oral advocate lists, College of Law Team 2,and the Uni- Orfield of the Institute of Race and go to: http://www.law.umn.edu/ versity of South Dakota School of Law. Poverty at the University of Minnesota mootcourt/index.htm.The competi- Law School, Ms. Caty Royce of the tion is run by clinical professor Carl One hundred and sixty-six members Community Stabilization Project, Ms. Warren, and the Civil Rights Moot of the bar and bench served as brief Tonja Orr,Assistant Commissioner for Court at the Law School is also and/or oral argument judges. Prior to Housing Policy at the Minnesota advised by adjuncts Ben Butler and the competition, on February 4, 2005, Housing Finance Agency, Jackie Byers, Jessica Merz. ✷
The University of Minnesota Human Rights Center recently held an event entitled “Paths to Sustainable Peace:Accountability, Reconciliation and Problem Solving” on February 3 and 4, 2005.The purpose of the Professor David Weissbrodt, workshop was to look at ways communities throughout the world are Co-Director, University of Minnesota Human Rights resolving conflicts through problem-solving, reconciliation, and trans- Center parency in accountability strategies and methods.
Above (L to R): Dick Bernard, President of MN Alliance of Peacemakers; Ketty Luzincourt, International Humphrey Fellow, Haiti; George Lopez,The Joan B. Kroc Institute, University of Notre Dame; Zainab Hassan, MPA Student Manoj Lall, International Humphrey Fellow, India
Law Alumni News SPRING 2005 51 Student Highlights We are fortunate to have a diverse group of talented and intelligent law stu- dents who continually challenge the faculty and bring new perspectives to the Law School.This section of the magazine features several examples of student achievements.The Law School recently held its annual musical, pro- duced by the Theater of the Relatively Talentless (T.O.R.T.).This year’s show, Walter Wonka and the Lawyer Factory, boasted record attendance.This issue contains profiles of three unique and motivated students who are graduating this May.There are two new aspects to this section that will become regular features; profiles of student organizations and student scholarships. In this issue, we highlight the Public Interest Law Students’ Association (PILSA),a group that is working hard to promote public interest careers and opportu- nities.You’ll also find photos from the recent Race for Justice 5K Fun Run/Walk, which benefited the Loan Repayment Assistance Program and a list of students from the Class of 2005 that were recently honored for their public service while at the Law School.There is also a piece on the Mike McHale Scholarship Fund. Finally, this issue includes award-winning student scholarship.
52 Law Alumni News SPRING 2005 Student Highlights
TOP: 1L Anna Pia Nicolas, center, strikes a pose after delivering “Saving Their World.” BOTTOM LEFT: A surprising amount of lighting and technical skill went into this year’s show. BOTTOM RIGHT:Walter Wonka wel- comes students to his Lawyer Factory.
ulty and staff: Dean Alex Johnson, Dean Erin Keyes, Professors Judith T. Younger, John Matheson, Jim Chen, Brad Clary, Laura Cooper, Maury Landsman, with additional appearances by Susan Gainen, Collins Byrd, Steve Marchese and Linda Lokensgard.
Directed by Joe Gratz (3L), the script was written by a team of law students “Walter Wonka” Rocks the Casbah led by head writer Patrick Stura (3L), choreography arranged by Laura Taken TORT’s 3rd Annual Production its Best Yet (2L), and set design by Marissa Wies- man (2L) who also helped as assistant he Theatre of the Relatively As luck would have it, his application director. Musical Direction was by Tom Talentless (TORT) hit the stage coincides with the reopening of the Anderson (2L), and the business side Tfor a third year with its best mysterious “Law Factory” run by an of things were handled by co-produc- show to date. eccentric recluse,Walter Wonka (Ryan ers Bobak Ha’Eri (3L) and Al Vrede- Scott, 3L).Along the way Charlie veld (2L) as well as treasurer Andrea “Walter Wonka and the Lawyer Facto- meets and befriends a number of other Martin (3L). ry” was written, directed, performed, potential law students who want to go and produced entirely by the law stu- to law school for various, traditional The performances proved that the Law dents of the University of Minnesota legal goals. However, both the entry School, by way of TORT, continues to Law School. Staged to three sold-out into law school and the process of get- hold an iron grip on the all-important performances at the 327-seat St. Paul ting through prove to be far more dif- “Best Law School Musical” rankings— Student Center Theater, the show ficult—and dangerous—than anyone a category glaringly omitted from “tra- wowed audiences with crowd-pleasing anticipated. ditional” Law School rankings. humor and musical numbers that crossed all lines of lawyer, law student, Continuing the proud tradition of par- High-quality DVDs of the perform- law professor, and lay individual. ticipation by notable members from ances will be available by May. Infor-
the legal community, the performances mation will be posted on the Law Loosely based on the children’s book- included special cameos by Vice Presi- School website when DVDs become turned-‘70s classic film Willy Wonka dent Walter F.Mondale, Hennepin available and further questions can be and the Chocolate Factory, the musical County Attorney Amy Klobuchar, and handled by contacting TORT at centered on Charlie Bucket (Trevor Hennepin County District Court [email protected]. ✷ Helmers, 1L), a young idealist who Judge Stephen Aldrich. decides to help his poor family by By Bobak Ha’Eri, Class of 2005. going to law school in order to help The show also included cameos by the little guy. numerous prominent Law School fac-
Law Alumni News SPRING 2005 53 Student Highlights
❯Student Profiles
In depth look at three members of the Class of 2005
new owners to participate in the con- little something about the U.S. legal Jennifer Fischer struction of houses, and that, Fischer system. He doesn’t. Unlike most Americans, Jennifer Fisch- said, turned out to be a good balance er doesn’t travel in two-week incre- between “sharing knowledge and let- “I didn’t take an evidence or criminal ments. She’s labored on a ranch in ting people work for themselves.” procedure class,” Ilstrup said, glancing Wyoming, built houses in Botswana around a South Minneapolis coffee and Ethiopia, and worked as a secre- Although the experience proved shop and chuckling.“Somebody could tary in Paris. rewarding, Fischer realized she was break a law in here and I wouldn’t “more passionate about social justice know it.” “Things are a little issues than community development too easy here,” Fis- issues.”That led her to law school, Instead of focusing on the United cher said.“We take where the topics that have fascinated States, the 28-year-old Ilstrup is smit- for granted what her the most are the ones that directly ten with all things African. His love we have.” affect people’s lives. affair started at Boston University.A professor focused on the continent That’s why study- Family tragedy led her to explore dis- during a world politics class, and ing law for three ability law.A few years ago, Fischer’s Ilstrup’s interest was piqued. Not a years at the University of Minnesota brother, who was suffering from schiz- semester passed without a course on would have been just, well, too much ophrenia, committed suicide. She’s the subject. of a breeze for the 32-year-old Fischer. written three articles on mental illness, Instead, she is finishing her last semes- including “The Americans with Dis- After completing ter of law school at the international abilities Act: Correcting Discrimination his undergraduate university ESADE in Barcelona, despite of Persons with Mental Disabilities in studies, he spent lacking fluency in Spanish.“It was the Arrest, Post-Arrest, and Pretrial three years in a actually my reason for going,”she said. Processes,” which was published in Law village in Niger as and Inequality:A Journal of Theory and a Peace Corps Fischer’s life has been full of adventur- Practice. volunteer. Ilstrup ous choices.After completing her favors the pronun- undergraduate degree in political sci- In addition, as a participant in the Asy- ciation “KNEE-jair”—the country is a ence at the University of Puget Sound, lum Law Project, Fischer traveled to former French colony—over the long she worked in the Washington, D.C. Texas to advocate for a Mexican- “i” sound Americans tend to employ. offices of Amnesty International for American man accused of being in the one year. But the traveling bug was country illegally. Because immigration During his stay, Ilstrup learned Hausa, a buzzing inside her, so she quit to work law is so complex, Fischer noted, her language spoken by about 39 million at the Wyoming ranch before bumming client simply would not have been able people in Niger, Nigeria, Ghana and around Europe for several months. to sort through the maze of govern- Cameroon.A native of the Twin Cities, ment rules without her assistance. Ilstrup returned home after the Peace And then she “got serious,” taking a Corps.While his body has been in job with Habitat for Humanity, the “It was the first time I thought I Minnesota for the last three years, por- nonprofit housing developer. For two could use this degree to really help ing over law books, it sometimes seems years, Fischer served as Director of people,” Fischer said. It certainly won’t like his heart is still in Africa. Operations in Botswana and Country be the last. Director in Ethiopia. Referring to a 2003 meeting between Niger President Tandja Mamadou and “Sometimes it can be very depressing Jason Ilstrup President George W.Bush, Ilstrup because you can’t do everything for As a 2005 graduate of the University inserts the phrase “our president” people,” she said. However, Habitat for of Minnesota Law School, you’d think before Tandja’s name. Point out the Humanity’s building model requires Jason Ilstrup would want to know a discrepancy and Ilstrup shrugs his
54 Law Alumni News SPRING 2005 Student Highlights shoulders.“I’d like to get back to criminal justice system.“That’s a very Niger,” he said, wistfully. Imad Al-Deen tough area in my opinion,” he said.“I wouldn’t want to be a prosecutor or Niger is a desperately poor nation.At Abdullah defense attorney. I couldn’t do either about $800, its per capita gross domes- There was never any doubt in Imad and sleep at night.” tic product is one of the lowest in the Al-Deen Abdullah’s mind about the world. Most people grow their own type of law he would practice. He Early in his academic career, it food, depending on what economists plans to work as a commercial litigator. appeared that Abdullah might pursue a refer to as “subsistence agriculture,” to Ph.D. in sociology.A stellar student, he get by. Life expectancy is just 42 years, “I’m a very com- was accepted into the department’s ranking it 217th among 225 nations. petitive person,” honors program. During a summer Abdullah said.“I session, he learned SPSS, an analytical “The people I met there are the nicest don’t like people statistical software application, well in the world.They live in destitute defeating me at enough to teach three sessions of it to poverty. In my village of 700 people, I anything.The other undergraduates. He also led an lived in a mud hut with no running adversarial nature Introduction to Sociology class. water. I slept outside.Yet in spite of of litigation suits that, people there will give you any- my personality. I don’t shy away from Abdullah also won a spot in the Multi- thing,” Ilstrup said. controversy.” cultural Undergraduate Research Pro- gram, which allows students to con- For Ilstrup’s part, he taught literacy The 25-year-old Abdullah will join the duct academic research under the courses, educated locals on the dangers Memphis office of Baker, Donelson, guidance of a faculty member.Working of HIV/AIDS, and started a communi- Bearman, Caldwell & Berkowitz, one with Joachim Savelsberg, an associate ty garden. But his most successful of the fastest-growing firms in the professor of sociology,Abdullah chose effort, he said, was as a soccer promoter. nation.As a junior associate, he will to explore the difference between the begin trying cases with limits of way police departments and the media “It was the best thing I did,” Ilstrup $20,000 or less. But with success, he identify criminal suspects and victims. said.“Villages played each other in could quickly move up to more His research culminated in a paper matches. It provided a distraction from important cases. called “Race and Newspaper Report- everyday living.” ing on Crime.” Wal-Mart, which is headquartered in In addition to Africa, the 28-year-old nearby Bentonville,Arkansas, is one of Ask Abdullah why he chose the law Ilstrup is also passionate about politics. the firm’s biggest clients. In addition to over sociology, and there’s not an easy In college, he interned with a member being the world’s largest retailer, the answer.“That’s kind of tough,” he said. of the British House of Commons. company generates enough work to “There were very few students of col- Today, he serves as an aide to U.S. keep commercial litigators at Baker or in my high school [in Lincoln, Congressman Martin Sabo, a Democ- Donelson busy. Nebraska]. My mother was a math rat.While he’s attracted to government teacher there, and whenever something service because it can improve people’s Abdullah chose Baker Donelson for came up, I was made to be the lives, the fast-talking, intense Ilstrup other reasons, too. During a summer spokesman. I’d get a pink slip, go to the also enjoys speculating about what internship, he felt an affinity for the principal’s office and they’d say,‘Can positions local politicos might run for people working at the firm, and his you go and do this for us?’” in upcoming elections. wife liked being close to relatives already living in Memphis. In high school, the towering Abdullah So, what’s next for Ilstrup? (he’s six feet, six inches tall) focused his The couple has a one-year-old son, competitive energies on athletic pur- There are two answers to that ques- which has resulted in a few restless suits such as basketball. He didn’t join tion, really. Ilstrup views law school as nights during law school. But better the debate team, he said, because that “the last great liberal arts education,” to be sleepless now than as a working just wasn’t something jocks did. and squeezed as many international- attorney,Abdullah argues.“I can just focused classes into his studies as possi- sit at the back of the class if I’m tired,” Those oral and intellectual skills will ble.That philosophy might help he said.“I can’t do that when I’m soon take center stage, though, in explain why he has no plans to prac- working.” courtrooms in Tennessee and Arkansas. tice law. Other than that, though, he’s “I can’t imagine being a lawyer and ✷ not sure what’s next.“I don’t know,” he As an undergraduate at the University not getting into court,” he said. said.“And that’s the brilliant part.” of Minnesota,Abdullah was a sociology By Todd Melby. Melby is a Minneapolis-based major, which might make criminal law freelance writer and independent radio seem like a natural fit. But Abdullah producer. sees too many problems with the U.S.
Law Alumni News SPRING 2005 55 Student Highlights
During the fall of 2004, PILSA was Student Organization Spotlight extraordinarily active at the Law School.A new lunchtime speaker series brought public interest practi- he Public Interest Law Students’ “the U” and the legal community as a tioners to the Law School to share Association (PILSA) is a relative- whole.The ultimate goal is to make “real world” experiences, and to pro- Tly new student group at the public interest/public service a viable, vide practical advice for students inter- University of Minnesota.Yet from its desirable career option for all, by sup- ested in similar paths. Organizations beginning, PILSA has taken on issues porting current students as well as represented included the Minnesota of public interest education and advo- those already working in the field.The Legal Aid Society and the Minnesota cacy with full force. PILSA has taken breadth of “public interest” allows PIL- AIDS Project. an active student leadership role, not SA to recognize and serve a diverse only in furthering public interest cur- range of student ambitions, while at PILSA is also proud to work closely ricular development, but also in the same time connecting those stu- with Dean Johnson in developing new fundraising, awareness, and developing dents with others who may choose a public interest programs at the Law a strong public interest mission and different career, but not a different mis- School, as well as improving those that vision for the Law School. sion. PILSA serves all who are motivat- already exist.The PILSA board’s regu- ed to serve the community before lar meetings with the Dean have estab- PILSA believes that a strong, visible themselves. lished an important connection public interest commitment enhances
The University of Minnesota Law School recently held its 3rd Annual Race for Justice 5K Fun Run & Walk. This year’s race was held on Sunday, April 17, 2005 at the Nicollet Island Pavilion in Minneapolis.All proceeds benefit University of Minnesota stu- dents and graduates pursuing careers in public interest law.
56 Law Alumni News SPRING 2005 Student Highlights between public interest students and the school’s administration, a relation- ship that benefits the entire Law School community. PILSA is actively working with the Dean and other members of the administration on sev- eral proposals for new public interest- related programs.
In addition to awareness and advocacy efforts, PILSA also has a fundraising role. One of PILSA’s primary annual projects is coordination of the “Race for Justice” 5K Run/Walk, held each spring in downtown Minneapolis. In its second year, the 2004 “Race for Jus- tice” attracted more than 300 people to the starting line. Students, faculty, alumni, and friends teamed up to raise Law Students Honored for Public Service more than $7,000 for the Loan Repay- The Sixth Annual Law School Public Service Program recognition ment Assistance Program (LRAP).As a ceremony was held on April 5.The event was co-sponsored by the result of the event’s growth and suc- cess, proceeds from the 2005 event will Minnesota Justice Foundation, the University of Minnesota Law School, support two constituencies: LRAP will Hamline University School of Law, the University of St.Thomas School of continue to be a “Race for Justice” Law,William Mitchell College of Law, and the Minnesota State Bar beneficiary, and, for the first time, PIL- Foundation.The ceremony honored graduating students from all four SA has teamed up with the Law Minnesota law schools who have completed 50 or more hours of School’s Minnesota Justice Foundation volunteer legal service during their time in law school. student chapter to provide financial support for the newly established Pub- These University of Minnesota law students, together, lic Interest Clerkship (PIC) program for current students. volunteered 7,760 hours! Mark Benjamin Abbott Michael Allen Gehret Patricia Perez The future of PILSA appears very bright. Public interest groups have Paige Lindsay Abramson Sarah Gorajski Sarah Katharine Peterson Stensrud grown at law schools across the coun- Collette Lucille Eric J. Gottwald try, and the University of Minnesota is Adkins-Giese Emerald Ayrhart Gratz Jessica Leigh Phares no exception. More than 70 students Shay Alanna Agsten Julia Halbach Peter Rasmussen created a “standing-room-only” envi- Rachel Anderson Benjamin Paul Hewitt Elizabeth E. Rein ronment at PILSA’s organizational Sofia Birgitta Andersson Michelle Laura Horovitz Christianne A. Riopel meeting this past fall, and attendance at Divya Arora Josh Caleb Houston Jennifer Rogers successive meetings has consistently Gulzar Babaeva Amanda Johnson Sarah Elizabeth Ruter doubled that of just one year ago.The Amanda Beaumont Meghan Justine Ryan success of the Race for Justice shows John Joseph Kelly the wider legal community’s receptive- Angela Marie Behrens Patricia Sue Kickland Juliana Salcedo Steven Carl Schoenberger ness and willingness to contribute to Catherine Biestek Jonathan Krieger Drew Smith under-supported, but vital, public Jennifer Bond Noriko Kurotsu Gregory William Smock interest programs, and the success of Mychal Andrew Bruggeman Brent Elliot LaSalle Sara Sommarstrom PILSA suggests that the legal commu- Megan Anne Burroughs R. Reid LeBeau John Matthew Stern nity’s future is in good hands.Aware- Peter A. Carlson Thomas Earl Lockhart ness of and emphasis on the public Patrick M. Stura Matthew Cavell Sarah Mae Lofgren interest and public service fulfills not Rebecca Bates Verreau Joshua Paul Dau Daniel Thomas Lund just the mission of PILSA, but the mis- Hema L.Viswanathan sion of all who choose to practice law Katharine Deters Andrea Lyn Martin Jeremiah Michael Wagner as it was originally intended to be Joseph Devlin Bridget Rebecca McCauley Nicholas Collins Woomer practiced—to serve the public good. ✷ Josh Alan Dubois Sarah McLeran Laura Ann Young Brandon Dale Finke Nigel Mendez By Matt Gehring, Class of 2006 and Lu Zhou Jennifer Anne Fischer Ryan Richard Miske co-president of the Public Interest Law Students Association. Debra Holly Frimerman Kirsten Olson
Law Alumni News SPRING 2005 57 Student Highlights ❯ Scholarship Spotlight Charitable gifts from alumni and friends of the Law School are moving the University of Minnesota Law School for- ward. Endowed scholarships originate with gifts of $25,000 or more. Such gifts have unequalled value in improving the Law School’s future and the lives of individual students, alumni and society for years to come. Endowing named schol- arships also provides donors and the Law School with a means to inspire others to Mike McHale Scholarship Fund engage in important philan- thropy. Many donors choose to o attract and retain a talented Mike McHale’s uncle, Kenny McHale, and and diverse student body, the his parents, Ernie and Patti, with the first perpetuate the memory and TUniversity of Minnesota Law McHale Scholar,Anthony Jacono (Class of good works of loved ones or School uses scholarships, fellowships, 2000). and other forms of financial aid to esteemed colleagues in this attract intelligent and motivated stu- Despite his commitment to his studies, manner. Such investments are dents from around the country and the he worked hard to find the balance world. Scholarships make it possible for between career and home life. Halfway tax-deductible as charitable students to pursue their legal education through his second year at the Law gifts and may be made through at the Law School regardless of their School, his sudden death prevented the gifts of cash, property or other financial circumstances.This is why fulfillment of his life’s brilliant promise. scholarships such as the Mike McHale assets, through charitable Scholarship Fund help maintain the In 1997, his family and friends estab- trusts or bequests. Currently, Law School’s tradition of excellence lished a scholarship fund in his name and enhance its future. to celebrate his life and extraordinary the University of Minnesota accomplishments.They wished to give President’s Scholarship Match Mike McHale entered the University support and encouragement to other of Minnesota Law School in 1995 and promising and gifted law students who Program will double the aspired to a career in Intellectual Prop- embody some of McHale’s characteris- impact of a gift of $25,000 or erty Law, specializing in matters related tics. His family and friends felt that this to medical science. He was building an was the best way to continue the con- more to a new or existing exciting future at a busy Minneapolis tribution to the community that endowed scholarship fund by intellectual property firm.A gifted sci- McHale’s life promised. He was a lover entist, McHale also possessed fine of golf and much of the money for the matching the payout amount. communications skills and personal scholarship has been raised through The program, announced in golf tournaments in his memory. charm that made him uniquely effec- summer 2004, is in effect until tive in translating technical scientific ideas for his legal colleagues. He had Hundreds of people have made contri- funds are exhausted. earned a Ph.D. from the University of butions to the scholarship fund over Minnesota in Biochemistry, Molecular the years. Mike McHale’s presence is Biology and Biophysics following his missed every moment by those who ceeding in Law School in part because summa cum laude graduation from the knew him. His memory is even of the Mike McHale Scholarship University of St.Thomas with a B.A. stronger as we look at all of the bright Fund.The 2004–05 scholarship recipi- in Chemistry and Biology. and dedicated students that are suc- ent is Victor Jonas (Class of 2005). ✷
58 Law Alumni News SPRING 2005 Student Highlights
❯Student Scholarship
Reform in The “Brave Kingdom:” Alternative Compensation Systems For Peer-To-Peer File Sharing
BY JOSEPH GRATZ
INTRODUCTION Joseph Gratz,* a third-year student at the University of Minnesota Law School, is In act three, scene two of The Tempest, Articles Editor of the Minnesota Journal of Law, Science, and Technology. He holds a Stephano, a drunken steward, has just BA in English and Theatre and a Certificate in Technical Communication from the crowned himself mock-king of the island on which he and his master are stranded. University of Wisconsin–Madison. Following graduation, he will clerk for Judge He hears music, but he cannot tell where John T. Noonan of the Ninth Circuit Court of Appeals in San Francisco, California. the music is coming from.“This will Reform In The Brave Kingdom, an excerpt of which appears below, was the winner prove a brave kingdom to me,” he says, of the 2004 Nathan Burkan Memorial Competition at the University of Minneso- “where I shall have my music for ta Law School, sponsored by the American Society of Composers,Authors, and nothing.”1 Publishers, and was published in the Minnesota Journal of Law, Science, and Like Stephano, millions of Internet users stand amazed at the variety of music Technology, vol. 6 (2004). available to them “for nothing.”Technol- ogy has made instant distribution of chase; if they don’t like it, they can sim- to the amount each work is used.The music to home computers widely avail- ply delete it.The problem is that much proposals diverge on the best methods able. Most people do not pay for their of this P2P downloading is illegal. Since of measuring usage and dividing up downloads.The peer-to-peer file sharing neither artists nor record companies proceeds. world teeters on the edge of legitimacy. profit from P2P downloads, as down- This article presents an alternative com- Users are unsure of whether to start pay- loading becomes a popular alternative to pensation system that is technically feasi- ing for music or keep downloading with purchasing CDs the viability of the ble, economically sound, and does not hope the music will keep playing. music industry’s current structure is require modifications to international The instability of the current peer-to- threatened. agreements to which the United States peer file sharing situation, is captured by Licensing under the current regime is a party. the story of Brianna LaHara.2 After using makes legitimate peer-to-peer distribu- KaZaA to share her favorite songs, Bri- tion of commercial recordings very diffi- AN ALTERNATIVE anna was sued for copyright infringe- cult. Unlike traditional broadcasting and COMPENSATION PROPOSAL ment, and she settled for $2,000.3 Brian- webcasting, no compulsory license is na is twelve years old.4 What combina- available for distribution via P2P.To dis- A. Mechanics of the Proposal tion of fear, desperation, and hubris tribute a song legally via a P2P service, 1. Goals could drive the Recording Industry one would have to negotiate directly The compensation schemes proposed by Association of America (RIAA) to sue a with the owner of the copyright in the Fisher and Netanel focus on compensat- child on behalf of its member record sound recording (usually the record ing copyright holders for lost revenues companies? company). due to CD sales.The systems are The answer is the popularity of peer-to- Several scholars have proposed alternative designed to simulate a world without peer file sharing.Among young music compensation systems. Neil Weinstock P2P copying. But we no longer live in a fans, peer-to-peer file sharing (“P2P”) is Netanel,William W.Fisher III, and Jessica world without widespread P2P copying, an exceedingly popular way to consume Litman, among others, have proposed and it is simply not possible to put that music. For some, P2P is the only way to systems through which copyright holders particular cat back in that particular bag. access music.5 P2P certainly owes much could be compensated for the use of If we are to give copyright holders the of its popularity to its price. It is free, but their songs without regaining control choice to opt out, they do not opt out other factors also contribute to its wide- over distribution.6 A levy would be into a world of perfect control over their spread use.The selection is unbeatable; placed on all good used to consume copyrighted works.They opt out instead any music ever released on compact disc media—particularly on broadband inter- into a world in which uncompensated (CD) is likely to be available on a P2P net access. Fisher’s analysis indicates that copying is socially accepted and routine network.The most popular songs are a $5 per month tax on broadband would in all segments of society, in which law- widely available and, because of their more than replace all revenues copyright suits against hundreds of consumers have popularity, download in a flash. Because holders lose from P2P downloads.The failed to make an appreciable dent in file each song is downloaded at zero margin- money would be distributed to copy- sharing activity, and in which Digital al cost to the consumer, music fans can right holders (or, in Litman’s proposal, Rights Management technologies are try music they would otherwise not pur- to the artists themselves) in proportion cracked routinely. Law Alumni News SPRING 2005 59 Student Highlights
Our system does not need to make the registered and deposited before the com- work will be the number of peers mak- record companies whole; all it must do is pulsory license scheme registration will ing it available for download.This has a provide an environment more attractive issue.This requirement forces the owners number of advantages. First, it fairly than the one that exists today. Given the of the underlying copyrights to bargain, accurately reflects whether the user lis- dire straits in which the record industry because no compulsory license revenue tens to the song or watches the movie; has lately found itself, this should not be accrues until a valid registration issues—a disk space being scarce, unwanted media too difficult.There is room for a scheme penalty default rule.9 are likely to be deleted. Because users that improves on the status quo without At first, this does not seem like much of will have no incentive to disable the reaching the status quo ante bellum. a penalty default rule.After all, if the par- sharing function of their P2P software 2. Scope ties refuse to bargain and/or fail to regis- once file swapping is legal, the musical The compulsory license will be limited ter, they all retain exclusive, proprietary tastes of the vast majority of P2P users to musical works. Only noncommercial rights enforceable against the world. But will be reflected. By refusing to share, all they accomplish is denying compensa- use will be privileged; however, the how enforceable are those rights, really, tion to their favorite musical artists; they commercial distribution of copies for against noncommercial home use? Home do not pay any less, but they lose the noncommercial use will be allowed.The use is difficult to detect and deter. Once power to control where part of their services of these “download service a compulsory license scheme is in place, money goes. providers” will be heavily levied, and P2P networks will become legitimate profits will be small because such servic- avenues for the distribution of all sorts of Second, it is by its nature public and ver- es will have to compete with legal content. No longer will copyright hold- ifiable. P2P networks function by accu- downloads from peers; the presence of a ers be able to argue that the majority of rately returning a list of the hosts on free alternative will tend to depress content swapped on P2P networks is which a particular file can be found; this prices and provide incentives for value- infringing.There will be at least a “sub- method exploits that feature. In fact, a added services, like organization of stantial noninfringing use” for any soft- version of this popularity measurement music, information about artists, com- ware or device used to store, copy, share, method is already being used by a pri- munity features, and other popular serv- or play back audio or video.10 Lawsuits vate company to generate data on the ices.This will also allow artists, record against operators of second-generation popularity of MP3 files on behalf of companies, and their affiliates to distrib- P2P networks have failed so far, and they major record companies.13 Third, it is ute the music they produce directly to are likely to continue to fail.11 easy to implement in existing systems, since all P2P networks natively include consumers, though, as described below, By shifting the context in which P2P the required functionality. only peer-to-peer shares will be meas- networks operate from one of presump- ured for purposes of compensation. tive infringement to presumptive nonin- Finally, it can be implemented while Noncommercial derivative works will be fringement, we make it much more diffi- allowing the use of open-source software allowed.To the extent that they are sub- cult for copyright holders to stop unau- and without violating e2e.When the stantially similar to the original, they will thorized sharing.While copyright holders copyright holder registers the work, she have the same or a similar audio finger- are nominally offered a choice, the most includes a deposit copy of the work in print as the original, and will be counted profitable option should be participation digital form.The copyright office, using a in the popularity of the original.7 To the in the compulsory licensing regime. publicly-available, royalty-free audio fin- gerprinting algorithm, generates and extent that it is not substantially similar, So why not just say what we are doing? posts the audio fingerprint of the song.14 the use of the original will not be count- Why not throw open the gates and ed for purposes of compensation. The measurement authority runs a num- refuse to allow copyright holders to opt ber of computers that crawl P2P net- If a musician wishes to create a derivative out? First, allowing this nominal choice works, querying randomly-selected hosts for commercial use, she will have to keeps us from violating treaty obliga- for a list of the audio fingerprints of the negotiate with the copyright holders, as tions. Second, the appearance of a choice files they’re sharing.The hosts cannot she would now. Commercial derivatives will make the implementation of com- send audio fingerprints of files they are would be counted just like originals, and pulsory licensing more politically feasi- not in fact sharing, since the measure- private contracts between the creator of ble. Finally, this system allows the owners ment servers periodically download ran- the derivative and the copyright holder of underlying copyrights in the work the domly-selected files as a spot-check in the original would govern what por- opportunity to privately bargain and mechanism, and it is impossible to derive tion of the derivative author’s revenues agree on how to split up the money they a corresponding audio file from an audio from the levy system would be passed on receive.This system of private ordering fingerprint.There will be criminal penal- to the copyright holder in the original. will set prices more accurately than a ties for causing a host to falsify its government-mandated system of splitting reports; violators will be caught through 3. Participation up proceeds among copyright owners. Copyright holders may opt out of the these spot-checks. system. If they do, they will have the 4. Collection If the audio fingerprint of a download- same rights they do today. If copyright A levy will be placed on products used able file matches that one file with the holders choose to opt in, they must reg- to consume digital media; a levy on copyright office, the work will be credit- ister and deposit a copy of the work with home broadband internet access alone is ed with one “availability.” If it does not the Copyright Office.8 This registration likely to produce the necessary revenues. match, no credit will be given.This will will be separate from all subsisting copy- Fisher and Netanel have performed good encourage copyright holders to make rights, and the registration will not be analyses of the types of goods that should “official” versions of their works widely valid until it is approved by all owners of be levied and what levy amounts would available on P2P networks, to make it 12 copyright in the underlying works, such be necessary. even more likely that each host sharing as musical works, scripts, and sampled 5. Measurement the file results in an “availability.” P2P works.All underlying copyrights must be The sole measure of the popularity of a servers run by copyright holders or their
60 Law Alumni News SPRING 2005 Student Highlights
affiliates will be required to identify in his collection. B has 2 songs in his NOLOGY,LAW, AND THE FUTURE OF ENTERTAIN- themselves to the measurement crawler; collection. C has 5 songs in her collec- MENT 202–3 (2004); Jessica D. Litman, Sharing failure to do so will result in stiff penal- tion.A and C are both sharing “Baby and Stealing,27 Hastings Comm. & Ent. L.J. ties, including contributory and vicarious (forthcoming 2004), available at One More Time.” B is sharing “Saint http://www.law.wayne.edu/litman/papers/shar- liability. Simon” by The Shins.A, B, and C are all ing&stealing.pdf. This way, the measurement authority sharing “Say Yes”by Elliott Smith.A is 7.An audio fingerprint is a unique identifier of receives an accurate picture of the popu- sharing “Come Home, Baby Julie” by the audio content of a song. It does not larity of each file without placing meas- The American Analog Set. C is sharing change when the audio is converted from one urement in the network itself, without “The District Sleeps Tonight”by The file format to another. Since the audio finger- trusting each individual host to report Postal Service,“Fox in the Snow” by print is shorter than the audio file itself, there Belle and Sebastian, and “Allison” by necessarily exists more than one audio file information that is not immediately veri- that generates a given audio fingerprint. How- fiable, and without supplanting existing Elvis Costello.Thus, Britney receives ever, the chances of such a collision are so P2P protocols. 12.8% of the pool,The Shins receive small that it is unlikely that one will occur in 25.6%, Elliott Smith receives 15.4%,The many hundreds of years. Rob Kaye, founder of 6. Distribution American Analog Set receives 15.4%, and MusicBrainz, a community-based music meta- The market has already decided the rela- The Postal Service, Belle and Sebastian, data project that relies on audio fingerprinting tive value of works by their popularity. and Elvis Costello each receive 10.3%.15 technology, has pointed out that the present The regulatory system should not alter state of audio fingerprinting technology is these results. However, if registrants were Thus, this method of measurement does unlikely to provide the reliability needed for simply paid a set amount per availability, not allow any one user or class of users the proposed system.While this is true now, people with large music collections to have a disproportionate effect on the the political obstacles preventing the imple- distribution of funds, can be calculated mentation of an alternative compensation sys- would have more influence on the dis- tem seem likely to allow time for technology tribution of funds than people with small using publicly available data, and distrib- to catch up. utes funds based entirely on the popular- music collections. Because there are only 8.The “work” here means the sound recording so many hours in a day, we can assume ity of the work. or audiovisual work that is the final product that a person with a small music collec- of the production process. tion listens to each song more often than CONCLUSION 9.A penalty default exists when the law sets a a person with a large music collection. An alternative compensation system default rule that neither party will want, forc- For this reason, the ability of each host based on taxation and compulsory ing the two parties to reveal information to to influence the distribution of the pool licensing will retain the efficiencies of a each other and to decide on bargained terms. should be the same regardless of the See Ian Ayres & Robert Gertner, Filling Gaps in market while eliminating the negative Incomplete Contracts:An Economic Theory of number of files it makes available. Stated effect of property rights on semiotic Default Rules, 99 YALE L.J. 87,91(1989) (intro- differently, each host gets the same num- democracy. Further, implementing such a ducing the concept of the penalty default). ber of “votes,” and those votes are divid- system will compensate copyright hold- 10. See Sony Corp v. Universal City Studios, Inc., ed up equally among all works in that ers who currently receive no remunera- 464 U.S. 417 (1984) (establishing that devices host’s collection. tion for noncommercial P2P sharing of “suitable for substantial noninfringing use” do For work x, the overall share of the pool their works. No alternative compensation not give rise to contributory copyright infringement liability). (Sx) is: system will mollify all stakeholders, but by making policy choices that are tech- 11. See Metro-Goldwyn-Mayer Studios Inc. v. nologically feasible, economically sound, Grokster, Ltd., 380 F.3d 1154 (9th Cir. 2004), (holding that vendors of P2P software are not and in accordance with international contributorily or vicariously liable for users’ treaties, such a system will improve con- acts of copyright infringement). But cf. In Re sumers’ access to culture and creators’ Aimster Copyright Litigation, 334 F.3d 643 incentives to create. ✷ (7th Cir. 2003) (Posner, J.) (upholding grant of where n is the total number of works in preliminary injunction to plaintiff copyright the sample, A measures the number of * J.D. expected 2005, University of Minnesota holders against continued distribution of Aim- hosts on which the work is available, F Law School; B.A. 2002, University of Wiscon- ster, a P2P application). measures the total number of works sin–Madison.Thanks to David McGowan, Rob 12. See supra note 6. Kaye, and discussants on the Pho listserv for shared by the hosts sharing the work, 13. See Jeff Howe, Big Champagne Is Watching You, comments on earlier drafts. and S is the percentage of the total pool WIRED 11:10, available at http://www.wired.com/wired/archive/11.10/file to be distributed to the registrant of x. FOOTNOTES To determine the amount paid to each share.html (October 2003) (last visited Octo- 1. See WILLIAM SHAKESPEARE,THE TEMPEST act 3, sc. ber 17, 2004) (describing P2P metrics compa- registrant, we simply multiply by the 2. ny BigChampagne and its relationship with total pool of money to be distributed, so 2.Adam Liptak, The Music Industry Reveals Its Car- major record labels). rots and Sticks,N.Y.TIMES, September 14, 2003, 14. See supra note 7. § 4, at 5. 15.Ax/Fx for each of the works is 0.25, 0.5, 0.3, 3. Id. 0.3, 0.2, 0.2, and 0.2, respectively.The sum of 4. Id. A1…n/F1…n, then, is 1.95.The percentage of the pool for each work is found by dividing its 5. See http://whatacrappypresent.com (last visited Ax/Fx value by 1.95. October 17, 2004) (humorously warning par- where T is the total pool of money to ents against giving CDs as gifts because kids be distributed and P is the payment to routinely download music). the registrant of x. 6. See Neil Weinstock Netanel, Impose a Noncom- So, for example, imagine three users, mercial Use Levy to Allow Free Peer-to-Peer File Sharing,17 HARV. J.L. & TECH. 1, 4 (2003); Arthur, Boris, and Carrie.A has 3 songs WILLIAM W. F ISHER III, PROMISES TO KEEP:TECH-
Law Alumni News SPRING 2005 61 Student Highlights
❯Student Scholarship
Balancing State Budgets at a Cost to Fairness in Delinquency Proceedings
BY ANDREA L. MARTIN Andrea L. Martin is a third year student serving the Minnesota Law Review as a rates of representation for juveniles vary dramatically across jurisdictions.6 The Managing Editor.This article is adapted from a Note appearing at 88 MINN.L.REV. American Bar Association has cited 1638. Last spring, the Law Review awarded Martin’s Note a Volumes 35 & 36 waiver as a cause of inadequate counsel Memorial Fund Award for Outstanding Staff Publication. Martin is uncertain what for juveniles. her future holds beyond graduation. Minnesota created an Advisory Task Force on the Juvenile Justice System in magine a twelve-year-old child of juveniles separately—even a revised 1992, which studied juveniles’ right to average intelligence who is charged statute would be unconstitutional as counsel and waiver.The 1994 waiver Iwith a felony count of damage to applied to juveniles. Further, if future statute resulting from the Task Force’s property.The child and parent arrive at courts find a revised statute constitutional efforts requires knowing, intelligent and juvenile court on the day of arraignment as applied to juveniles, the legislature voluntary waiver, but also has improved and apply for court-appointed counsel. should reconsider applying co-payments protections.7 The juvenile must be The court administrator determines the to juveniles. child qualifies for appointed counsel and advised by an attorney of the risks of informs the child’s parent that she must self-representation and counsel must pay a $100 fee.While waiting to meet I.THE RIGHT TO COUNSEL confirm to the court the consultation with the appointed counsel, the parent FOR JUVENILES AND occurred. If the child waives his or her tells the child that she will not pay the PAYMENT FOR THAT RIGHT right to representation, the statute $100 fee and suggests the child should A. The Right to Counsel for requires court-appointed stand-by coun- consider waiving the right to counsel. Juveniles sel for certain juveniles. The child is torn, but abides by the par- In 1967, the Supreme Court addressed B. Recoupment Through ent’s wishes.This intense conflict of some of the inadequacies of juvenile Reimbursement Statutes interest between parent and child repre- courts in In re Gault.3 The Court held The requirement that states provide rep- sents only one of many problems with a that pursuant to the Fourteenth Amend- co-payment statute requiring parents of ment juveniles have a right to counsel resentation for many adult and juvenile juvenile respondents to make a co-pay- for delinquency proceedings in which defendants means states must also fund ment for court-appointed counsel. the juvenile faces a loss of freedom.The the representation. Every state in the country, as well as the federal govern- In summer 2003, the Minnesota legisla- Court found counsel necessary to assist ment, has statutes providing for recovery ture raised public defender co-payment juveniles in preparing and presenting a of funds spent on court-appointed repre- fees in an attempt to generate revenue to defense, questioning the facts, dealing sentation.While the statutes vary, they balance the ailing state budget.1 The with the complexities of the law, and Minnesota Supreme Court invalidated insisting that proceedings are handled generally require defendants to repay the co-payment statute in State v.Tennin lawfully. Following Gault, most states costs of representation if they later because it failed to include a judicial codified the right to counsel for juve- become able to pay. waiver provision.2 Unfortunately, com- niles.Whether juveniles exercise that The Supreme Court found reimburse- mentators and courts, including the right raises the issue of waiver.4 ment statutes permissible in Fuller v.Ore- court in Tennin, have said little, if any- Similar to adults, juveniles can waive gon.8 The Court held that reimbursement thing, about the impact of co-payment their right to counsel,5 but the Court has statutes do not infringe on indigent or reimbursement statutes on juvenile never addressed waiver of this in juvenile defendants’ exercise of their Sixth respondents. Unlike adults, juveniles face delinquency proceedings. Despite juve- Amendment right to counsel, reasoning a system with fewer procedural safe- niles’ constitutional right to counsel, that the state provided free counsel dur- guards that is increasingly punishment- many questions still exist concerning the ing all stages of the criminal proceedings oriented; are susceptible to adult coer- application of waiver. Legal experts have as required by Gideon v.Wainwright.The cion; and more frequently lack the conducted significant research regarding Court stated the knowledge of possible capacity to make good legal decisions. the effectiveness and application of waiv- future liability does not affect eligibility This Article concludes that the Minneso- er requirements. Professor Barry Feld of to obtain counsel and noted that Ore- ta Supreme Court erred in failing to the University of Minnesota and the gon’s statute only applied to those able to analyze the co-payment’s application to General Accounting Office have found pay without “manifest hardship.”
62 Law Alumni News SPRING 2005 Student Highlights
The Supreme Court has never deter- defendant or his immediate family.’” Amendment when applied to juveniles. mined to whom the state can extend lia- After comparing Minnesota’s co-pay- Thus, a Minnesota co-payment statute bility for costs of court-appointed coun- ment statute to the Fuller statute, the would continue to suffer constitutional sel, but the Minnesota Court of Appeals court found “the Minnesota co-payment defects if only reformed to include judi- has addressed the issue. In In re Welfare of statute had no similar protections for the cial waiver. M.S.M., a Minnesota district court indigent…”Thus, the court invalidated Imposing a parental co-payment require- ordered the juvenile and/or his parents to the entire statute as amended. ment with judicial discretion may seem reimburse the county $3,191 for costs of 9 B. Constitutionality of the similar to applying a reimbursement the juvenile’s representation. The appel- statute to a parent. However, the tempo- late court affirmed, noting that the par- Co-Payment Statute as Applied to Juveniles ral difference in the application of these ents had a reasonable opportunity to be statutes provides a significant distinction. heard by the court concerning their abil- While correct in eliminating the statute’s Because the co-payment is determined at ity to pay. application to juveniles and adults, the the time of representation, the possibility decision in State v.Tennin made no men- C. Recoupment Through of a co-payment motivating a parent to tion of the portion of the co-payment interfere with his or her child’s represen- Co-Payment Statutes statute that applied to juveniles’ parents. States also use co-payment statutes to tation is much greater than the more The court failed to recognize the two remote possibility of reimbursement. recover the costs of appointed counsel. ways the statute applied differently to In June 2003, the Minnesota State Leg- juveniles than it did to adults. First, juve- islature passed significant amendments to niles’ right to counsel is based on the III. POLICY IMPLICATIONS OF a statute that had required a $28 co-pay- Fourteenth Amendment, not the Sixth THE MINNESOTA-TYPE ment for public defender services unless Amendment. Next, because the statute CO-PAYMENT STATUTE AS a judge waived such payment.As required that the juvenile’s parents pay APPLIED TO JUVENILES amended, the statute eliminated the the $100 co-payment, additional legal If the courts validate a Minnesota co- judicial waiver provision and provided questions arise about imputing liability payment statute amended to include new tiered amounts for the co- to the parent. judicial discretion, the legislature should payment.10 The amount depended on still reconsider a co-payment statute’s 1. Application of the Co-Payment Statute the severity of the charge and the juris- application to juveniles’ parents. diction of the court. For a juvenile fac- to Parents of Juvenile Respondents Legally, the doctrine of necessaries (and Social scientists question whether juve- ing delinquency charges, the statute niles can truly make informed, intelligent required a $100 co-payment from the other situations involving parental liabili- ty for their children) support application legal decisions.While many older adoles- juvenile’s parents.The amended statute cents have acquired problem-solving and still allowed representation regardless of of a co-payment to parents.While the co-payment statute invalidated in Tennin reasoning skills similar to adults, their defendants’ (or juvenile respondents’) judgment is quite dissimilar. Juveniles ability to pay immediately. presented due process problems for par- ents, revising the statute to provide for evaluate risk differently than adults by judicial discretion as prescribed by valuing possible positive outcomes more II. STATE V.TENNIN:THE Tennin, would probably resolve this par- than possible negative outcomes, and CONSTITUTIONALITY OF ticular problem. they discount the impact of their deci- CO-PAYMENTS sions on the future more than adults. 2. Application of the Co-Payment Statute Additionally, juveniles are subject to A. The Minnesota Supreme to Juveniles Court’s Holding in State v.Tennin parental influence, and generally make Even though adding a judicial waiver less independent decisions.13 In early September 2003, an adult chal- provision would cure the statute’s appli- lenged the constitutionality of the cation to parents, it would not cure the In addition, introducing parents into the amendments to the co-payment statute statute as applied to juveniles.At a mini- representation process reverses some of in State v.Tennin.11 A Minnesota district mum the Fourteenth Amendment the progress made by the 1994 amend- judge ruled the statute unconstitutional requires counsel as “part of a fair hearing ments to the waiver procedure.Applying because it did not allow judges to waive required by due process.”12 The co-pay- the co-payment statute to parents of the fee.The Minnesota Supreme Court ment imposes a hurdle to this compo- juveniles reintroduces the problem of granted accelerated review of the statute nent of due process for the juvenile by coercive parents, which the amendments specifically to address the question: implicating parental liability.The co-pay- sought to resolve.Application of a co- “Does Minn. Stat. § 611.17, subd. 1(c), as ment statute frustrates the juvenile’s payment statute to parents of juveniles amended, violate the right to counsel straightforward due process right to creates a new conflict of interest between under the United States and Minnesota counsel by making a parent, whose inter- the financial interests of the parent and Constitutions?” In affirming the trial ests may conflict with the juvenile’s the legal best interests of the juvenile, court decision, the court relied exclu- interests, responsible for paying for the which the waiver statute was not sively on the United States Supreme juvenile’s right to counsel. Even with the designed to address.Therefore, a co-pay- Court’s holding in Fuller, reasoning that possibility of judicial waiver, this statute ment statute applying to parents conflicts the Oregon statute contained two waiver creates a financial incentive for parents to with an underlying purpose of existing components: (1) defendants can only be coerce their children into waiving coun- state law and compromises the progress ordered to repay legal expenses if they sel. Because co-payment statutes impli- of the waiver amendments. have the ability to pay; and (2) the repay- cating parents, even with judicial waiver, Finally, the application of this statute pro- ment costs may be remitted “if payment compromise a juvenile’s right to counsel, duces absurd results in two regularly ‘will impose manifest hardship on the such statutes violate the Fourteenth occurring situations in juvenile court.
Law Alumni News SPRING 2005 63 Student Highlights
First, the statute is difficult to apply to niles facing delinquency hearings, (2) adheres to the guidance given by State v. families in the child protection system applying the co-payment directly to juve- Tennin, the resulting statute would still when the child commits a crime while niles, or (3) not applying a co-payment violate juveniles’ right to counsel under in the custody of the state. Because the statute to juveniles. Optimally, the legisla- the Fourteenth Amendment. Even if later statute does not define “parents,” liability ture should eliminate the application of courts found such a revised statute con- for the co-payment could potentially the co-payment statute to juveniles. stitutional, juveniles face challenges that extend to a number of unintended par- Ultimately, however, if the courts validate adults do not encounter, and thus the ties.The definition of “parent” could a co-payment statute that imposes liabili- legislature should reconsider applying a include the biological parent, legal ty on parents for their children’s co-pay- co-payment statute to juveniles and their guardian, custodial parent, step-parents, ments and the legislature refuses to parents. foster parents, or even a county social remove the parental burden, future courts Amending a statute to not apply to juve- services agency! should broadly construe Tennin in favor niles and relying on the reimbursement Another absurd application of the statute of juveniles and cautiously apply such a statute would be most effective. Other, manifests when a parent is the victim of statute.The court in Tennin held a co- perhaps less effective or more costly a juvenile’s misconduct.The statute payment should not be enforced if it options also exist, such as making counsel would require the victimized parent to imposes “manifest hardship” on the mandatory for juveniles or making a co- fund the defense of his or her assailant. defendant.The court, however, did not payment waivable while eliminating a This situation presents an enormous provide a clear definition “manifest hard- parental burden. In the event that the leg- conflict of interest and unfair burden for ship.”While the court did not explicitly islature re-enacts the co-payment statute the parent. In light of these policy impli- say that “manifest hardship” refers only to with parental liability, future courts may cations, the legislature should carefully financial hardship, this is a logical infer- be able to curb some of the absurd con- reconsider the operation of a co-pay- ence.“Manifest hardship” for a juvenile sequences of such a statute by interpret- ment statute. and the juvenile’s parent, however, may ing “manifest hardship” broadly. However, include contexts outside of the financial many negative impacts on juveniles realm. Carefully assessing individual juve- would remain. Not subjecting juveniles IV.ALTERNATIVES niles’ situations and applying a liberal to co-payment statutes is the only fool- Assuming that the legislature amends the understanding of “manifest hardship” proof way to avoid the negative impacts co-payment statute to include judicial could provide additional needed protec- of such a statute on juveniles, and perhaps waiver, there are three ways that such a tion to juveniles. the value of fairness in the system is co-payment statute or the juvenile waiver worth the financial cost to the state. ✷ statute could be further amended or reformed to make the operation of a co- CONCLUSION Andrea extends her gratitude to Professor payment statute more fair as applied to The Minnesota legislature should pro- Barry Feld for his assistance, the Volume 88 juveniles.Viable alternatives include (1) ceed with caution in redrafting the co- Board and Staff for their patience and Andrew making counsel non-waivable for juve- payment statute. If the legislature strictly Martin for his enduring support.
FOOTNOTES 1. MINN.STAT. § 611.17(c) (Supp. 2003). Seeking Talented 2. State v.Tennin,674 N.W.2d 403 (Minn. 2004). 3. 387 U.S. 1 (1967). 4.The Minnesota rule codifying juveniles’ right to Students and Alumni? counsel explicitly states a “child has the right to be represented by an attorney.” MINN.R. If your organization has hiring needs for part-time law clerks, JUV.P.3.01. summer associates or full-time employees at any level, focus 5. See Fare v. Michael C., 442 U.S. 707 (1979). 6. Barry C. Feld, The Right to Counsel in Juvenile on the talent at the University of Minnesota Law School. Court:An Empirical Study of When Lawyers Appear and the Difference They Make, 79 J. The Career Services Office will post a job free of charge, and your CRIM.L.& CRIMINOLOGY 1185(1989); U.S. Gen. listing will be accessible to U of MN students and alumni through Accounting Office, GAO/GGD-95-139, Juve- www.eattorney.com.To post a job, go to the Law School’s website at nile Justice: Representation Rates Varied as Did Counsel’s Impact on Court Outcomes http://www.law.umn.edu/ and click on CAREER SERVICES/Employers, or call (1995). John Malecha, Employment Manager, at 612/625-1866. 7.MINN.R.JUV.P.3.04. Want to Share Your Insights and Experience? 8.417 U.S. 40 (1974). 9. 387 N.W.2d 194 (Minn. Ct.App. 1986). The Career Services Office has launched the Alumni-Student Connection 10. MINN.STAT. § 611.17(c) (Supp. 2003). which allows alumni to share their experiences and insight with students 11. See State v.Tennin,674 N.W.2d 403 (Minn. through a number of activities.You may participate in the web-based 2004). information exchange, come to Career Options Night or host a Spring 12. In re Gault, 387 U.S. at 38–40. Break Shadows program, or volunteer to be a speaker or a mock 13. Elizabeth S. Scott et al., Evaluating Adolescent interviewer. Go to http://www.law.umn.edu/ and click on CAREER Decision Making in Legal Contexts, 19 LAW & SERVICES/Alumni and register for the Alumni–Student Connection. HUM.BEHAV. 221 (1995).
64 Law Alumni News SPRING 2005 Student Highlights
❯Student Scholarship
Counteracting Theft and Fraud:The Applicability of RICO to Organized Retail Crime
BY RYAN STAI or thirty years, Donnie Ellis terror- Ryan Stai is a third year student and the Lead Note and Comment Editor of the ized financial institutions in the Minnesota Law Review.This excerpt is adapted from an article of the same title Minneapolis-St. Paul metropolitan F1 published at 88 MINN.L.REV. 1391 (2004).The Law Review awarded Stai’s article a area. During the 1990s, Ellis ran his own criminal ring of over thirty mem- Memorial Fund Award for Outstanding Staff Publication. He will be clerking for bers.According to law enforcement offi- the Minnesota Court of Appeals following graduation. cials, Ellis’s ring earned an astounding $500,000 per year from its fraud and for- nationwide financial loss of $32.9 billion.5 prospect for professional criminals,”14 and gery activity, and caused another Crimes in which a victim’s existing credit the power of traditional organized crime $250,000 in burglary damage to homes account is misappropriated annually affect groups greatly decreased.15 and vehicles. more than six million Americans and While criminal RICO contains four “Ellis [was] the kingpin,” said one of the produce a financial loss of $14 billion. substantive offenses, the most applicable law enforcement investigators responsible Retailers annually lose $31.8 billion due to organized retail crime is the prohibi- for Ellis’s arrest in February 2004. Ellis to shoplifting,6 and organized retail theft tion of running an enterprise through oversaw a theft and fraud ring in which represents “the most pressing security racketeering activity.16 each member played an independent problem confronting retailers.”7 Theft role.The ring first obtained stolen credit losses from organized groups are estimat- B. The Elements of RICO and its cards, checking accounts, and driver’s ed to be as high as $15 billion per year.8 Application to Organized Retail licenses to create false identities.“Middle Crime Rings management,” composed of individuals RICO requires three general elements: a working directly under Ellis, recruited II. FEDERAL RACKETEER pattern of racketeering activity, the exis- people to make fraudulent purchases at INFLUENCED AND CORRUPT tence of an enterprise, and an effect on retail establishments. Different people ORGANIZATIONS ACT interstate commerce. returned the merchandise for a full cash A. The History and Purpose of 1. Pattern of Racketeering Activity refund. RICO The statutory definition of RICO In many ways, Ellis’s ring is reminiscent In 1970, Congress passed the Racketeer requires a “pattern of racketeering activi- of traditional organized crime groups, Influenced and Corrupt Organizations ty,” consisting of defined predicate complete with a kingpin, middlemen, Act.9 The purpose of RICO was to offenses committed within a ten-year and runners.While it appears that Ellis’s “seek the eradication of organized period.17 Supreme Court jurisprudence, group has finally been eviscerated, the crime…by strengthening the legal tools however, renders the statutory definition question arises as to whether an in the evidence-gathering process…and virtually meaningless. In Sedima, S.P.R.L. approach under the federal racketeering by providing enhanced sanctions and v.Imrex Co., the Supreme Court noted statutes could have eliminated the ring new remedies to deal” with organized “while two acts are necessary, they may well before it amassed $5 million in prof- criminals.10 The difficulty in prosecuting not be sufficient.”18 The Court later elab- its. Just as the federal criminal Racketeer organized crime leaders prior to RICO orated that a pattern involves a relation- Influenced and Corrupt Organizations rested in their insulation from the activi- ship between the predicate acts and the Act (RICO)2 was successfully imple- ties of the organized group.11 The leaders threat of continued activity.19 Illegal acts mented against the mob, perhaps it can of the rings,“when caught, were only of a ring that “have the same or similar also be used against major theft and penalized for what seemed to be unim- purposes, results, participants, victims, or fraud rings. portant crimes,” and criminal prosecu- methods of commission” establish the tions of the overall organization were necessary relationship between the predi- I.THE ECONOMIC IMPACT inhibited.12 cate acts.20 The Court also decided that a ORGANIZED RETAIL CRIME The advent of RICO allowed prosecu- “series of related predicates extending RINGS tors to charge and present evidence over a substantial period of time” fulfills 21 Losses from check fraud exceed $20 bil- against the organization as a whole, the “continuity” requirement. lion each year3 and are expected to resulting in the indictment of key leaders Several of RICO’s predicate offenses increase at a rate of 2.5 percent each of the organized group.13 Subsequent apply in the context of organized retail year.4 Annually, more than three million successful prosecution resulted in the crime. For example, organized rings that Americans are victims of crimes in which removal of organized crime leadership. steal from retail establishments in differ- a new fraudulent credit account is As a result, membership in organized ent states violate federal laws if they opened in their name, resulting in a criminal groups became a “fearful transport stolen merchandise between Law Alumni News SPRING 2005 65 Student Highlights states.22 Rings that perpetrate cargo theft individual envisions a lucrative criminal III.THE PRACTICALITY violate statutes prohibiting theft of inter- endeavor and recruits members to assist.35 OF APPLYING RICO TO state shipments of merchandise.23 Finan- While many financial fraud and theft ORGANIZED RETAIL cial fraud rings utilizing fake identifica- rings conduct their activity in local met- CRIMINALS tion cards violate laws involving identifi- ropolitan areas, highly profitable groups RICO is rarely used against organized cation documents or “access devices.”24 operate on a multistate or national level.36 retail crime. Because of the requirement Rings that defraud financial institutions of predicate offenses, different statutes 25 The majority of circuits additionally violate additional federal laws. demand that an enterprise entail a sepa- already cover acts committed by organ- Organized retail crime is not profitable rate and distinct structure “beyond that ized retail criminals.46 Under certain cir- unless several acts of theft and fraud are which is necessary merely to commit cumstances, RICO may actually compli- committed.26 Due to transactional price each of the…predicate racketeering cate a prosecution due the concepts of limits and the desire to minimize atten- offenses.”37 Evidence that the ring is enterprise, racketeering, and pattern. tion to their activity, fraud rings generally involved in multiple predicate acts and However, identifying, catching, and pros- engage in numerous small fraudulent other functions on a continual basis,38 or ecuting the high-ranking members of an purchases. In doing so, these rings typi- that the organizational structure stretches organized ring is extremely difficult.47 cally pass fraudulent instruments over a beyond what is necessary to effectuate the Removing the hierarchical leadership prolonged period. predicate offenses,39 is sufficient to satisfy generally results in dissipation of the 2.The Existence of an Enterprise the separate and distinct requirement. ring, most often through prosecution of RICO defines an “enterprise” as either a The Supreme Court has acknowledged all of its identifiable members.48 Prose- legal entity or “group of individuals asso- that, in accordance with RICO’s legisla- cuting only the predicate acts proves ciated in fact.”27 RICO’s definition tive history, the enterprise requirement is inadequate, as it fails to implicate the includes both legitimate and illegitimate to be broadly construed.40 RICO charges individuals responsible for the group’s enterprises and is “equally applicable to a have been brought against criminals organization. Overall, prosecution of the criminal enterprise that has no legitimate whose racketeering activity consists of a predicate acts alone would only end the dimension.”28 An enterprise has two “series of crimes having looser connec- activity of a few unimportant, easily requirements: a common purpose among tions than have traditionally been permit- replaced members of the group. Donnie a group of individuals and evidence of ted even in conspiracy prosecutions.”41 Ellis provides the perfect example of an “ongoing organization” of individuals how a ringleader, and the ring itself, can Organized retail crime rings frequently that function as a continuous unit.29 survive efforts directed at its individual exist for other purposes, such as drug Organized retail criminal rings exist for a criminal acts, but crumble when law trafficking. It is common for rings enforcement focuses on the entire ring. common purpose, and their economic engaged in retail crime to partake in motivations are well documented.That other illegal acts, such as weapons, prosti- RICO further provides a means for the these rings commit illegal acts as a means tution, car theft, and burglary.42 An centralization of often complex and mul- of profit while a hierarchy exists to increasing trend is the funneling of theft- tijurisdictional crimes.A unified focus is divide the proceeds evidences this com- and fraud-related profits to fund foreign required to effectively combat retail 49 mon purpose.An additional common terrorists groups.43 Lastly, these groups crime. RICO centralizes investigation purpose is proven through the ring’s goal serve as social units, often composed of and prosecution of these rings in entities of acquiring profits.30 individuals who have known each other capable of handling them, such as the Donnie Ellis’s group typifies the general for several years. United States Attorney’s Office and the FBI.50 While criticism of the federaliza- structure of a financial fraud ring. Often, Theft and fraud activities of organized the leader of the ring organizes the tion of state crimes exists, it is important rings often extend beyond the requisite to recognize that RICO attaches only to members and coordinates their fraudu- acts of the predicate offense. For exam- lent activity, producing and dispersing the predicate acts that have already been ple, theft of merchandise from a retail federalized.51 counterfeit checks to “runners,” distrib- establishment or an interstate shipment uting the profits from fraudulent activity, of goods does not require an organiza- and recruiting individuals to pass coun- tional aspect that involves middlemen, CONCLUSION terfeit and stolen checks.31 Generally, repackaging, and distribution. Moreover, Historically, RICO has proven its worth. members below the leader conduct the financial fraud rings that acquire coun- Enacted as a means of eliminating the fraudulent activity, in a role similar to terfeit identification also engage in an strength of the mob, RICO enabled the “mules” in the drug trafficking world.32 enterprise unit involving a complex government to strike at organized crimi- In a theft ring, a “booster” steals specifi- scheme of creating and passing counter- nal activity.While the creators of RICO cally requested merchandise and sells it feit checks. may have envisioned removing tradition- 33 al mob influence as RICO’s sole pur- to a “fence.” The fence then sells the 3. Effect on Interstate Commerce pose, they had the foresight to develop a merchandise either to legitimate con- Finally, RICO requires an effect on powerful and versatile weapon capable of sumers or to an illegitimate repackaging interstate commerce.44 The predicate combating all forms of organized crimi- entity. Illegitimate repackaging entities offenses, however, need only have a min- nal activity.The broad and liberal con- sell the merchandise to legitimate retail- imal impact on commerce.45 Organized struction of RICO proves that an exten- ers or to wholesalers who mix the stolen retail crime groups affect interstate com- sion of RICO into the realm of organ- merchandise with legitimate products. merce in several ways.Their criminal acts ized retail crime is within the intent of Regardless of the type of ring, someone often reach a regional or national level. its drafters. RICO is a viable weapon to sits at the top of the hierarchy and over- Groups engaging in acts of identity theft counteract the tremendous growth of sees the entire organization.34 A ring is victimize individuals, financial institu- organized theft and fraud rings. ✷ formed either from associations within a tions, and businesses throughout the prior criminal syndicate or when an country. The author is grateful for the assistance
66 Law Alumni News SPRING 2005 Student Highlights provided by his wife, Carrie Lucking, Professors 14.Attack on La Cosa Nostra, supra note 12, at 29, 2003) [hereinafter Nelson]. Kevin Washburn and Jeff Grell, and former 13. 35. See Nelson, supra note 34; Rogers, supra note Law Review Editors Jeff DeBruin and Scott 15. See Walter N. Hansen, Combating Check Fraud, 33, at 20. Carlson. 68 FBI L. ENFORCEMENT BULL. 10 (May 1999). 36. See Press Release, supra note 26. 16. 18 U.S.C. § 1962(c) (2000). FOOTNOTES 37. See, e.g., United States v. Riccobene, 709 F.2d 17.18 U.S.C. § 1961(5). 214, 224 (3d Cir. 1983). 1. See Jim Adams, Alleged Theft Kingpin Caught, STAR TRIB. (Minneapolis), Feb. 27, 2004, at A1; 18.473 U.S. 479, 496 n.14 (1985). 38. See Montesano v. Seafirst Commercial Corp., 818 F.2d 423, 427 (5th Cir. 1987). Mara H. Gottfried, Alleged Leader of ID-Theft 19. H.J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. Ring Is Arrested,PIONEER PRESS (St. Paul), Feb. 229, 239 (1989). 39. See Atlas Pile Driving Co. v. DiCon Fin. Co., 27, 2004, at 1A. 886 F.2d 986, 996 (8th Cir. 1989). 20. Id. at 240. 2. 18 U.S.C. § 1962 (2000). 40. See Sedima S.P.R.L. v. Imrex Co., 473 U.S. 479, 21. Id. at 242. 3. Greg Litster, Check Fraud Security and System 499 (1985). 22. See 18 U.S.C. § 2314; id. § 2315. Defenses,PAYTECH, Nov. 2002, at 29. 41. Id. 23. See id. § 659; id. § 2314; id. § 2315. 4. NAT’L WHITE COLLAR CRIME CTR., ORGANIZED 42. See U.S. DEP’TOFHOMELAND SEC., INVESTIGA- CRIME 2 (Sept. 2002). 24. See id. § 1028; id. § 1029. TIVE PROGRAMS:PROTECTING AMERICA’S FINAN- 5. FED.TRADE COMM’N,IDENTITY THEFT REPORT 7 25. See id. § 1344. CIAL SYSTEMS 4(July 8, 2003); Nelson, supra note 34; Hanson, supra note 15, at 11. (Sept. 2003). 26. See Press Release, U.S. Dep’t of Justice, Five 6. Richard C. Hollinger & Jason L. Davis, 2002 Women Arrested on Financial Fraud Charges 43. See NAT’L WHITE COLLAR CRIME CTR., supra National Retail Security Survey Final Report,UNIV. Allegedly Scammed $600,000 in Merchandise note 4, at 3; Nelson, supra 34. OF FLA.SEC.RES.PROJECT 4 (2003). at Retail Stores Using False IDs (Oct. 2, 2002). 44. 18 U.S.C. § 1962(c) (2000). 7.CHARLES I. MILLER,FOOD MKTG.INST.,A REPORT 27.18 U.S.C. § 1961(4) (2000). 45. See, e.g., United States v. Miller, 116 F.3d 641, ON ORGANIZED RETAIL THEFT 1 (2003). 28. United States v.Turkette, 452 U.S. 576, 587, 674 (2d Cir. 1997). 8. Id. 591 (1981). 46. See Coffey, supra note 11, at 1045. 9. Organized Crime Control Act of 1970, Pub. L. 29. Id. at 583. 47. See Hansen, supra note 15, at 12; Coffey, supra No. 91-452, 84 Stat. 941 (1970). 30. See United States v. London, 66 F.3d 1227, note 11, at 1038. 10. 84 Stat. at 923. 1244 (1st Cir. 1995). 48. See MILLER, supra note 7,at 5–11;Attack on 11. See Paul E. Coffey, The Selection,Analysis, and 31. See, e.g., United States v. Hunter, 323 F.3d La Cosa Nostra, supra note 12, at 12. Approval of Federal RICO Prosecutions, 65 NOTRE 1314, 1316 (11th Cir. 2003). 49. See Attack on La Cosa Nostra, supra note 12, DAME L. REV. 1035, 1038 (1990). 32. See E-mail from John McCullough, Director, at 17–19. 12. Press Release, U.S. Gen.Accounting Office, Retailers Protection Association, to Ryan Stai 50. See G. Robert Blakey & Thomas A. Perry, An Effectiveness of the Government’s Attack on (Oct. 1, 2003) (on file with author). Analysis of the Myths That Bolster Efforts to La Cosa Nostra 14 (Apr. 11, 1988) [here- 33. King Rogers, Organized Retail Theft:From Prison Rewrite RICO and the Various Proposals for inafter Attack on La Cosa Nostra]. Training Grounds to a Store Near You,LOSSPRE- Reform:“Mother of God—Is This the End of 13. See Richard L.Worsnop, Mafia Crackdown:Has VENTION, Fall 2001, at 20. RICO?”, 43 VAND.L.REV. 851, 909–12 (1990). Relentless Prosecution Fatally Weakened the U.S. 34. Interview with Chris Nelson, Dir. of Investiga- 51. See id. at 920–24. Mafia?,2 CQ RESEARCHER 265, 268 (1992). tions,Target Corp., in Minneapolis, Minn. (Oct.
Dean Alex Johnson and Associate Dean Joan Howland at Students enjoying the food and live music the Law Library’s annual celebration of the opening of the at the Law Library baseball kickoff Minnesota Twins baseball season. celebration.
Law Alumni News SPRING 2005 67 Alumni Commons
Perhaps the greatest assets of the Law School are its alumni, who simultaneously represent and support the high quality of a University of Minnesota Law School education.The Law School could not be a premier teaching facility without the support of our loyal and generous graduates. We profile several distinguished alumni in this issue, and offer a story about The Honorable William C. Canby, Jr. of the U.S. Court of Appeals for the Ninth Circuit.You also will find the customary Class Notes section and memorials to several notable alumni who have passed away. Finally, be sure to check the new Alumni Events Calendar that we hope will make it easier for you to attend events at the Law School. We look forward to seeing you.
ABOVE: Members of the Class of 1974.
68 Law Alumni News SPRING 2005 Alumni Commons ❯Distinguished Alumni Profiles Ruilin Li CLASS OF 2001 Like many talented immigrants to the United States, Ruilin Li couldn’t make full use of her skills when she arrived completed her undergraduate degree at here from China.After graduating with Shinobu the University of Colorado at Boulder a bachelor’s degree in law from Tian- in—what else?—International Affairs. gin Normal University in 1989, she Garrigues practiced law for that city’s first, and CLASS OF 1998 With an eye on attending the Univer- largest, firm. Like many children, one of Shinobu sity of Minnesota Law School, Gar- Garrigues’ earliest memories is of play- rigues moved to the Twin Cities in ing with a dog. But in her case, the big, 1992 to establish residency. She helped black dog was on board a freighter that edit a trade magazine for a few years, was making its way across the Atlantic was admitted to the Law School, and Ocean. She also remembers a sailor made a point of enrolling in interna- named Zlatko who enjoyed pinching tional human rights courses. and patting the cheeks of the four- year-old Shinobu and her older sister. Although she speaks some Portuguese, Japanese,Tongan,and French, Gar- rigues is fluent in English and Spanish, including Spanish legal terminology. That knowledge has made her the firm’s key associate in deals involving the establishment of a wireless com- But upon arriving in Minnesota five munications system in Bolivia, a years later, Li wasn’t able to continue Guatemalan hydroelectric plant, and a her career in exactly the same manner. Brazilian-Bolivian natural gas pipeline. She needed to obtain a J.D. and pass the bar exam first.And, at least for a “I’m one of the few people who speak while, those moves were out of the Spanish legalese [at the firm],” she said. question.
Garrigues is upbeat about her pro bono “I didn’t even dare to think about law After arriving in Europe, the Gar- work, which includes serving on the school,” Li said.“I needed to work on rigues family piled into a Volkswagen board of the Washington,D.C., chapter my language skills.” van (which they’d brought along with of the Society for International Devel- them) and endured the bumpy roads opment, an organization dedicated to Li had studied English for years in of eastern Europe,Turkey, Iran, equitable economic progress worldwide. China, but lacked fluency. She could Afghanistan, and Pakistan, before read an English-language newspaper, arriving at their final destination: “Many people think economic devel- but needed to improve her speaking India.The trip wasn’t a vacation.They opment alone will lead to better lives skills. Living in Minnesota provided stayed for four years before moving to for everyone, but that’s not necessarily her with plenty of opportunities to do the island nation of Tonga and,even- the case,” she said. just that. tually, South Korea. Garrigues keeps abreast of internation- In 1995, she landed a job at Fredrikson It’s little wonder then, that Garrigues, al events by reading the Financial Times, & Byron in Minneapolis as an office 35, is now an attorney specializing in Latin Lawyer, American Journal of Inter- clerk.Two years later, she became the international and project finance law at national Law, International Financial Law first foreign legal consultant licensed to Hogan & Hartson in Washington, D.C. Review, and the Nikkei Weekly, an Eng- practice Chinese law in the Minnesota. “I enjoy traveling,” Garrigues said.“I lish language periodical. love learning new cultures.” At the time, many U.S. businesses were Don’t be surprised if someday she ends just beginning to explore the advan- Garrigues attended high school in the up dumping that publication in favor tages of doing business in China.The U.S., won a Rotary Club scholarship of a Japanese-language version of the move helped Fredrikson & Byron to study for one year in Spain, and same newspaper. expand the services its International
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Group could offer clients, and allowed games, and honed his skills.Along the Li to write and negotiate business con- way, he employed the math and logic tracts between U.S. and Chinese firms. skills he learned in biochemistry and She also traveled to Beijing to repre- the law. sent the firm in an arbitration case. In 2001, Raymer decided he was ready It didn’t, however, allow her to practice for the World Series of Poker (WSOP), U.S. law.And that urge persisted. So, a an annual competition.Three years lat- year later, Li began studying at the Uni- er, he won the event and $5 million of versity of Minnesota Law School.“I the $25 million pool (approximately really loved law school,”she said, fondly. 225 players were paid amounts ranging from $10,000 up to $5 million for first In 2001, she completed work on her place). J.D. and returned to Fredrikson & on hold his plans to earn a doctorate Byron.While international law is a degree. “Most people think it’s luck,” Raymer natural fit for her, Li also handles secu- said.“But they’re too lazy to study. rities, mergers and acquisitions, and “I was looking around for something They don’t go to the casino to work. corporate governance matters. else to do,” Raymer said. They don’t go there to think. But that’s not my style.” Li particularly enjoys working with the A friend suggested becoming a patent Sarbanes-Oxley Act of 2002, which attorney; Raymer investigated the mat- Rather, his style is to win. In the 2004 gave the U.S. Securities and Exchange tourney, the player known as “Fossil ter and decided his friend was right. Commission more power to crack Man” (he uses a rock with a small After graduating from the Law School down on corporate malfeasance.While fossil as a placeholder, instead of the in 1992, the Michigan native worked some people find it hopelessly com- traditional poker chip) defeated 2,575 for firms in Chicago and San Diego plex, the intellectual tangles of securi- other card sharks, who each paid a before moving to Groton, Connecti- ties law appeal to her. $10,000 entry fee to compete in the cut, to work for the pharmaceutical weeklong event. giant Pfizer. “It’s very challenging,” Li said.“It’s so complicated. I didn’t know anything Although the victory allowed him to End of story? Hardly. about securities law before coming to quit his day job, Raymer is under no the United States. Some people find it illusion that he’ll win the WSOP this As a law student, Raymer earned boring because there are so many rules year—or ever extra cash betting on blackjack at Trea- and because it’s so complicated. But I sure Island Casino. Unlike most gam- like complicated.” “I don’t expect to win every year,” blers, he didn't rely on luck to win. Raymer said.“I’m an above-average She also enjoys volunteering at the law Instead, he carefully counted cards, cal- player, but my chances of winning any school.As an attorney mentor for the culated the odds and then decided given World Series of Poker are 1,500- school’s Professional Development what to do next. to-1. I’m still 50-to-1 against winning Clinic, Li works with third-year stu- it ever again.” dents on drafting basic corporate doc- “When there are more 10s [and face uments.“I want to contribute whatev- cards] in the deck, you bet more mon- Endorsements, however, earn him er I can to the Law School,” Li said. ey,” Raymer said. Counting cards gave money whether he wins or loses. him only a “small advantage over the Raymer is a paid representative of Pok- casino,” earning him about $7 an hour. erStars.com, a poker website based in Greg Raymer San Jose, Costa Rica.And he recently Raymer, 40, found he enjoyed games finished filming an instructional DVD CLASS OF 1992 of chance.At his first job after law that will be sold in stores nationwide. Life seldom turns out the way one school, he discovered that Chicago- expects. Greg Raymer came to the area riverboat casinos didn’t offer “There are lots of ways to make mon- University of Minnesota as a biochem- blackjack, so he switched to poker. ey other than at the table,” he said. ✷ istry graduate student, with dreams of earning a Ph.D. and a life in academia. “I thought,‘If I’m going to do this, I’m By Todd Melby. Melby is a Minneapolis-based He did earn his master’s degree in the going to do it right,’” Raymer said.“I freelance writer and independent radio discipline, but he didn’t care for the lab don’t play to lose.” He read books on producer. work.That pretty much meant putting poker, began playing in low-stakes
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judge, Canby has also been asked regu- larly by Congress to testify about fed- eral Indian law and policy.Along with Ninth Circuit Judge Celebrates all of these accomplishments, the judge is widely appreciated within the 25 Ye a r s on the Bench national Indian law community for his congenial nature, his sharp intellect, and his lack of pretension. illiam C. Canby, Jr. (Class of Carter appointed him to the Ninth 1956), a Senior Judge on Circuit, he taught Indian law at Ari- Judge Canby’s international experience Wthe U.S. Court of Appeals zona State University. Professor Canby has also been noteworthy.As a young for the Ninth Circuit, celebrates his did not leave his passion for Indian law lawyer in the early 1960s, he left the 25th year on the bench in 2005. Judge behind when he ascended to the United States for four years to help Canby has come a long way since his bench. He continues to author West’s establish fledgling Peace Corps pro- childhood in St. Paul and his years at Nutshell on American Indian Law, which grams in Africa, ultimately managing the University of Minnesota Law is now in its fourth edition.Though the Peace Corps offices in Ethiopia School.As he has traveled the world, he law professors usually tend to discour- and Uganda.There he worked with has carried with him his Midwestern age student use of such “study aids,” other idealistic young public servants— sensibilities and his public service ethic. professors across the country have two of whom, Harris Wofford and Paul Tsongas, eventually became United After graduating from the Law States Senators. Shortly after School almost fifty years ago, Canby becoming a law professor, Canby embarked on a career that included, returned to Africa as a Fulbright among other things, service as an Professor in Uganda. He was in Air Force officer, a clerkship at the Uganda when the notorious Idi U.S. Supreme Court, a stint as an Amin took control of the govern- associate at the Oppenheimer firm ment, causing the young professor in Minneapolis, work in the Peace to cut short his fellowship and Corps in Africa, and a law professor- return, with his family, to the Unit- ship at Arizona State University.As a ed States.Thirty years later, he law professor, he argued an impor- returned to Africa in 2001 to tant First Amendment case in the attempt to facilitate peace during U.S. Supreme Court that established the war in Ethiopia that began the right of lawyers to advertise when Eritrea broke away and assert- their services. ed its independence.Though Can- by’s shuttle diplomacy during the Despite this varied experience, Judge 2001 visit did not produce an Canby’s most significant imprint immediate end to the dispute, the may have been in the field of Indian broader efforts eventually succeeded law. He was clerking for a justice on in producing peace in the region. the United States Supreme Court when it held, in Williams v.Lee, that made Canby’s Nutshell on Indian law a Though he and his wife Jane now live Navajo tribal courts, rather than state required text in Indian law courses. in Scottsdale,Arizona, they return to courts, have exclusive jurisdiction over The classic little book offers an insight- the Twin Cities often to visit family, civil disputes involving American Indi- ful and pithy exposition of Indian law, and the judge joins old friends from ans on the Navajo Reservation. and is viewed as a learned treatise. It this area on an annual hunting trip to Williams v.Lee ushered in the modern has been cited in numerous federal Canada each fall. ✷ era of tribal self-determination. It also appellate decisions and even by the sparked Canby’s life-long interest in Supreme Court. In a somewhat unusu- Indian law. Before President Jimmy al role for a sitting federal appellate
Percentage of our students who passed the 99.18% Minnesota bar exam on the first attempt in July 2004.
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Court bench after 18 years of service. He will remain active in the legal community through mediation/arbitration pursuits, international legal training and other Hen- Class Notes nepin County affiliated efforts. E. Richard Larson was voted one of the 2005 Southern California Super Lawyers in the February 2005 issue of the Law & Poli- Send us your news tics publication of the same name. Larson Tell us about the important things that happen in your life! We welcome submissions for was honored for his work in Civil Rights inclusion in the Class Notes section of the Law Alumni News. Submit your news through law, particularly with the NAACP Legal our Web site at: www.law.umn.edu/alumni/submit.html Defense and Educational Fund. You can also send your update to Scotty Mann via e-mail at [email protected], regular mail at N160 Walter F.Mondale Hall, 229 19th Avenue South, Minneapolis, MN 55455, or 1971 fax at (612) 626-2002.We need your submissions by September 1, 2005 for inclusion in Richard G. Mark was named President of the next issue. Briggs and Morgan for 2005. In the future we are hoping to greatly expand the Class Notes section.To that end,we are interested in finding a volunteer from each class who would be willing to serve as a class 1972 reporter.The Class Reporter will gather information from classmates and write a class Former Minnesota Supreme Court Justice report for each of the two yearly issues of the Law Alumni News. If you volunteer we’ll James H. Gilbert was awarded the Dis- provide you with contact information for your classmates and we’ll send them a postcard tinguished Jurist Award from the Academy (to be returned to you) asking for their news; if you like we’ll also give them your phone of Certified Trial Lawyers of Minnesota. number and e-mail address so that they can contact you directly. If you are interested, or Upon retiring from the bench in 2004, know of a classmate who you think would be right for the job, please e-mail Scotty Mann Judge Gilbert founded the James H. Gilbert or call him at (612) 626-5899. Law Group, PLLC, in Minnetonka. Thank you for keeping in touch! Nicholas C. Lindahl was appointed direc- tor of Koepke & Daniels’ estate planning department. Before joining the firm he prac- ticed with Coopers & Lybrand in Minneapo- lis and Honolulu and for 12 years in his own firm in Honolulu. His practice focuses on estate and income tax planning for individu- als, families and related businesses. The Government Lawyers Division of the State Bar of Wisconsin recently honored Dennis J.Verhaagh for his pro bono work. Verhaagh is an environmental engineer for the Wisconsin Department of Natural Resources and lives in Green Bay. 1973 Class of 1954 Reunion J. Patrick Plunkett was elected as the managing partner of Moore, Costello & Hart, PLLP in St. Paul. 1954 previously he was a partner with Rider Bennett. O’Brien represents management Thomas M. Sipkins joined the law firm Bernard P.Friel recently earned an award in labor law and labor relations, including of Maslon Edelman Borman & Brand in for distinguished service from the National labor relations and collective bargaining, Minneapolis as a partner. He practices in Association of Bond Lawyers. Friel is of employee discipline and discharge and the area of commercial litigation, employ- counsel at Briggs and Morgan, practicing in employment litigation. ment and labor management. the firm’s Business Law section. 1968 1965 1974 James R. Schwebel Joseph M. Goldberg has been named Thomas K. Berg is the director of the was selected as one of Assistant General Counsel—Director of Minnesota region for Hinshaw & Culbert- “The Best Lawyers in Legal Services of Sentry Insurance in son, LLP.Prior to joining the firm in 1997, America” as published Stevens Point,WI, supervising attorneys and Berg served as the U.S. attorney for Min- by Woodward/White, staff of Sentry’s General Counsel Office, as nesota and for four terms in the Minnesota Inc.’s Best Lawyers in well as its Compliance Department Staff. House of Representatives. America 2005–2006. Goldberg joined Sentry in 1993 after prac- ticing insurance defense and coverage litiga- 1967 1969 tion in Minneapolis. J. Dennis O’Brien joined Littler Mendel- Judge Myron (Mickey) S. Greenberg is son’s Minneapolis office as a shareholder; retiring from the Fourth Judicial District
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In Memoriam Tribute passed away in 2002. His son, James M. and Skatvold, was one of three finalists Binger; daughter, Cynthia Binger Boynton; announced by Governor Tim Pawlenty, ’86, James H. Binger four grandchildren; and four great-grand- for a 7th Judicial District trial court bench children survive him.Another daughter, vacancy. Class of 1941 Judith Binger Billings, died in 1989. James H. Binger, a respected and loyal grad- Mr. Binger was a remarkable man whose 1981 uate of the Law School, passed away on support of his alma mater touched each and William M. Habicht is the president of November 3, 2004 at the age of 88.All of every facet of what we endeavor to accom- Messerli & Kramer in Minneapolis, where the members of the Law School family felt plish at the Law School: training ethical he practices in the Business Law his loss. lawyers who are committed to the public Department. interest. He was one of the law school’s Mr. Binger grew most philanthropic alumni, but chose to 1982 up in St. Paul. give without recognition and to keep the William C. Hicks was elected to the After attending magnitude of his contributions private. Yale University, board of directors at Messerli & Kramer in he obtained his Mr. Binger’s generous support of our Law Minneapolis; he is chair of the firm’s Credit law degree from Library was integral in establishing it as one and Collections Department. the University of of the best in the world. His endowment of Lauren E. Lonergan will serve on Briggs Minnesota. He one of our most prestigious chairs, the and Morgan’s Board of Directors for 2005. worked at a Min- Everett Fraser Chair in Law, allowed the neapolis law firm Law School to recruit and retain Mary 1983 that later became Dorsey & Whitney, and Louise Fellows, the first tenured, chaired later joined Honeywell Inc., becoming its female professor of law at the Law School. Leslie M.Altman joined Littler Mendel- president in 1961 and chairman in 1965. His generous support was essential in estab- son’s Minneapolis offices as a shareholder; Mr. Binger served on the board of the lishing this Law School as one of the pre- previously she practiced with Rider Ben- McKnight Foundation from 1974 to 1996, mier public law schools in the country. nett. Altman concentrates her practice in and was instrumental in steering the Foun- the area of workers’ compensation. We at the Law School are extremely proud dation’s efforts in international dispute reso- to count Mr. Binger as one of our gradu- Robert A. Gust published a legal thriller, lution and the arts. His keen business acu- ates. His humility, generosity, and genuine Liars Dice.You can find Bob’s book in major men and bold spirit rendered him successful kindness belie the notion that lawyers are bookstores and online from the publisher, in activities as diverse as skilled equestrian greedy, rapacious, and inimical to the best www.itascabooks.com. Liar’s Dice is set in and owner of major Broadway theatres, yet interests of society. James H. Binger exem- Minnesota and is inspired by actual events. this dashing figure was equally respected for plifies those attributes that we hope to instill his gracious, unpretentious manner and James J. Long was named Secretary of in all of our students and graduates, and we anonymous philanthropy. Briggs and Morgan in Minneapolis. know that he will continue to serve as a role Mr. Binger was married for more than 60 model for the next generation of lawyers in Mary S. Ranum was elected to the board years to Virginia McKnight Binger, who Minnesota. of directors at Fredrikson & Byron in Min- neapolis. She is the chair of the Real Estate John D. Kelly has become a Fellow of the Mark S. Larson was recently elected to group and a member of the Banking Prac- American College of Trial Lawyers. Kelly the board of directors at Messerli & tice group, and works with lending institu- practices with Hanft Fride, P.A. in Duluth. Kramer in Minneapolis. Larson chairs the tions, major retailers and real estate devel- firm’s General Business and Banking opers on acquisitions, financing and leasing. 1975 Department. 1984 Frederick E. Kaiser has become a gener- Mark A. Rosen has become Of Counsel Jill I. Frieders is one of three finalists for al partner at the law firm of Hansen, to Davidson & Grannum, a New York/New the Minnesota Court of Appeals vacancy Dordell, Bradt, Odlaug & Bradt in St. Paul. Jersey based firm; Rosen has opened the that will occur with the retirement of Judge His practice consists of alternative dispute firm’s Boston office. resolution, personal injury and workers’ James C. Harten on March 31, 2005. compensation. Frieders is the managing partner with the 1977 O’Brien and Wolf law firm in Rochester; 1976 Peter W. Riley was her practice is primarily in the area of fami- selected among “The ly law. John C. Goetz was Best Lawyers in Ameri- recently selected among ca” as published by 1986 “The Best Lawyers in Woodward/White, Inc.’s Elena L. Ostby has been appointed to the America” as published by Best Lawyers in America 2nd Judicial District trial court in Ramsey Woodward/White, Inc.’s 2005–2006. He was also County by Governor Tim Pawlenty, ’86. Best Lawyers in America honored as one of 15 Judge Ostby had been in private practice in 2005–2006. “2004 Attorneys of the Year” in Minnesota Roseville since 2001; prior to that she was by Minnesota Lawyer. Gregory A. Kvam was named Vice-Presi- a shareholder with Briggs and Morgan. dent of Briggs & Morgan, P.A.in Minneapolis for 2005. 1979 Timothy J. McLarnan, a partner with the Moorhead law firm of McLarnan, Hannaher
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his practice on trademark, copyright, In Memoriam Tribute Mrs. Fryer had a patent, trade secret, and other complex sharp mind well business disputes at the firm’s Minneapolis Isabel Pattee Fryer into her later office. Granddaughter of the First Dean of the years, and was University of Minnesota Law School making the deci- Fredrikson & Byron elected Susan D. Steinwall to serve on its foundation Isabel Pattee Fryer passed away on Decem- sions on her own board. Steinwall is a shareholder in the ber 31, 2004 at the age of 97. farm land until just a year ago. firm’s Real Estate group and practices real She was a kind estate, land use and environmental law in Isabel Pattee was born in 1907 in St. Paul, and gentle person, Minneapolis. Minnesota, to Charles S. Carl and Una Pat- and will long be tee Carl. She graduated from the University remembered for her generosity to many of Minnesota School of Business Adminis- 1992 local organizations, and as a benefactor to tration in 1929, and worked at the Conti- Sean C. Gibbs has been appointed to the the Law School. Mrs. Fryer and her cousin, nental Illinois Bank in Chicago, IL until 10th Judicial District trial court; Gibbs will the late Pattee Evenson, grandchildren of 1938. She returned to Minnesota to join fill the vacancy created by the resignation the first dean of the Law School, established Archer-Daniels-Midland Company in Min- of the Judge Lynn C. Olson in Anoka Coun- the William S. Pattee Professorship in Law. neapolis, working there until World War II. ty. Prior to his appointment, Gibbs was an Many at the Law School fondly remember She served for three years in the Women’s attorney in the criminal division of the her modesty and wit. Army Corps, stationed in New Guinea, the Anoka County attorney’s office, where he southern Philippines and Luzon during her had worked since 1995. tour of duty. Mrs. Fryer is survived by a cousin, Elizabeth Farnell; close friends, Mirl and Eunice Foster James K. Lee has joined the Los Angeles and their children; and a host of friends and office of Kirkpatrick & Lockhart in the On March 14, 1960, she married Vincent neighbors. She was preceded in death by her business litigation practice. Lee is a litigator Fryer, and they farmed in South Dakota parents and her husband. who has represented numerous Korean until his death in 1988. Isabel remained on companies in complex business disputes the farm for several years until moving into involving industries such as electronics, Britton, SD, in 1991. semiconductors, automotive, and telecom- munications. Mavis Van Sambeek was one of only 55 1989 Minnesota attorneys elected as a Fellow of Kendal H.Tyre was recently appointed the American College of Trust and Estate chair of the National Bar Association’s Counsel. She is the chair of the Trusts and (NBA) corporate diversity initiative task Estates Practice Group at Lindquist & Ven- force; he previously served as chief of staff num in Minneapolis. to the President of the NBA.Tyre practices corporate and franchising law at Nixon 1990 Peabody, LLP in Washington, DC, where he co-chairs the firm’s Diversity Action Matthew J. Goggin has become an equity Committee. partner at Carlson, Caspers,Vandenburgh & Gail M. Daly was recently sworn in as a Lindquist in Minneapolis. 1993 member of the National Museum and The Law Offices of Peter L. Klenk & Jenneane Jansen is a new board member Library Services Board by Justice Sandra Associates continues to grow beyond for the Fund for the Legal Aid Society of Day O’Connor. Daly is Associate Dean for Philadelphia, with two new associates and Minneapolis Library and Technology and Associate Pro- new offices in Bucks County, PA and South fessor of Law at Southern Methodist Uni- Jersey, PA; the firm also has offices in New Cindy B.Tapper was elected to the versity’s Dedman School of Law. She was York State. Klenk was recently named to a Board of Directors of the University Pedi- formerly the Associate Director of the Uni- select list of “Super Lawyers” in the prac- atrics Foundation. She worked as an estate versity of Minnesota Law School Library. tice of Trust and Estate Planning by a survey planning attorney for several years before choosing to be a full-time mother to her In addition to his private practice at the law of Pennsylvania lawyers. three sons. firm of Boyle & Voss in Bloomington, Katherine L. McGill joined the University Steven P.Katkov has become a frequent of Minnesota Libraries as the Director of 1994 adjunct faculty member in the College of Development. She was previously with Fae- Business at the University of St.Thomas, gre & Benson in Minneapolis where she Jeffer Ali was named a board member for where he teaches Legal Studies in Business provided legal counsel as an attorney with the Fund for the Legal Aid Society of Min- and Real Estate Law. Recently, classmate the Construction Group. neapolis. Ali is the Hiring Partner at Mer- John M. Dornik joined one of Steve’s chant & Gould and focuses his practice on classes as a guest speaker. Gregory B. Perleberg has joined the IP patent litigation, counseling clients regarding and technology services group of Maslon patent enforcement and licensing. Stephen O. Plunkett, a partner in the lit- Edelman Borman & Brand in Minneapolis. igation department of Rider Bennett in Jessica (Hughes) Jackson has join the Minneapolis, has been named managing 1991 law firm of Mackall Crounse & Moore in partner of the firm. Steve’s practice focuses downtown Minneapolis as a partner and on health litigation, insurance defense, and Christopher K. Larus has become a visionary leader on their employment prac- products liability. partner of Fulbright & Jaworski . He focuses tice group.
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Timothy T.Mulrooney has been named a Paul J.Yechout joined the corporate legal Ellen Yee has accepted a tenure track fac- shareholder of Henson & Efron in Min- department of Select Comfort Corpora- ulty position at Drake University Law neapolis. Prior to joining Henson & Efron, tion as Corporate Counsel, Employment School; she will join the faculty in the Sum- Mulrooney practiced with the Minneapolis Matters. mer of 2005 as an Assistant Professor of city attorney’s office and the Hennepin Law, teaching criminal law and legal ethics County attorney’s office. 1997 and professional responsibility. Drake’s John J. Bursch was Dean David Walker said that he and his 1995 recently named a part- colleagues are “thrilled to have her.” Andre T.Hanson has joined Fulbright & ner at Warner Norcross Jaworski’s Minneapolis office as a senior & Judd in the firm’s 1998 associate; he focuses his practice on con- Grand Rapids, MI, office. Christopher L. Lynch of Lindquist & Ven- tract law, products liability, and litigation. Bursch is the founder num was recently named partner at the and chair of the firm’s firm’s Minneapolis office. AmyLynne Hermanek received a Rose Appellate Practice and Jay Phillips Award at the Courage Cen- Group, concentrating his practice in appel- David Schultz recently published a new ter’s Celebration of Courage event.The late and business litigation. book titled, the Encyclopedia of Civil Liberties award recognizes individuals with disabili- in America.The book examines the history ties for success in their field. Hermanek has Michael P.McNamee of Meagher & and hotly contested debates surrounding been a staff attorney with Central Min- Geer in Minneapolis has been admitted to the concept and practice of civil liberties. It nesota Legal Services since 1998. practice before the United States Supreme provides a detailed history of court cases, Court. events, Constitutional amendments and Thomas C. Mahlum was recently named rights, personalities and themes that have as a partner at Robins, Kaplan, Miller & Daniel J.M. Schally had an impact on civil liberties in America. Ciresi in Minneapolis. He practices in the was appointed to the areas of intellectual property litigation and Valdez District Court in Erik G. Swenson is now a shareholder at business and trial litigation. Valdez,Alaska. Governor Merchant & Gould in Minneapolis. Frank M. Murkowski Lora E. Mitchell has been appointed said “Daniel has been Mark H. Zitzewitz of Lindquist & Vennum chair of the Intellectual Property Litigation serving the people of was recently named partner at the firm’s Group at Fredrikson & Byron in Alaska in Ketchikan [as Minneapolis office. Zitzewitz was also Minneapolis. an assistant district attorney]…I am confi- named a Rising Star in the December/Janu- ary 2005 issue of Minnesota Law & Politics. Jeffrey H. Rutherford has joined Light- dent that he will make an excellent judge.” foot,Vandevelde, Sadowsky, Medvene & Judge Schally serves on the board of direc- Levine in Los Angeles, CA, as a partner. He tors of Community Connections and 1999 will litigate criminal and civil matters in the KRBD community radio, and is a member Raymond P.Hoffman (Ray) became a federal and state courts of the Ketchikan Area Arts & Humanities principal at Gray Plant Mooty in Council. Minneapolis. 1996 James J. Sticha was recently elected as a Jason S. Mills joined Morgan, Lewis & Katheryn A.Andresen joined shareholder in the corporate law depart- Bockius in Los Angeles in the litigation sec- Bonnabeau, Salyers, Stites and Doe in Min- ment at Leonard, Street and Deinard’s Min- tion. Recently Jason completed a seven- neapolis as a partner. She will practice in neapolis office. month tour in Iraq, where he prosecuted the areas of information, technology law, contracts, and intellectual property law. In Memoriam Tribute sister, Karen Allard and Katherine David H. Patzer is a Kristin J. (Allard) Vollmers Allard. Her father new shareholder in Roger “Max” Godfrey & Kahn’s Estate Class of 1997 Allard preceded Planning Practice Group Kristin J. (Allard) Vollmers passed away on her in death. in the firm’s Milwaukee January 5, 2005, at the age of 34. She was office. His areas of prac- born in 1970 in Grand Forks, North Dako- She was loved by tice include fiduciary ta, received a B.A. summa cum laude from the many people, lived income taxation, estate University of North Dakota and a J.D. from life joyfully, and and gift taxation, probate administration, the University of Minnesota with honors. touched countless numbers of people with and the preparation of marital agreements, She married Todd Vollmers (Class of 1998) her kind and loving spirit. She especially wills, trusts and other estate planning and the couple moved to Washington, D.C. enjoyed spending time with her husband instruments. where she worked for the law firm of Green, Stewart, Farber & Anderson, which and sons, and looked forward to trips home Michael J. Rugani is now an assistant city soon merged with Akin, Gump, Strauss, to Grand Forks to be with her parents, sis- attorney in the Minneapolis City Attorney’s Hauer & Feld. She later joined the firm of ter, and relatives. She loved being a mother Office. Previously Michael practiced in Cali- Latham and Watkins.The couple and their and was devoted to her sons.The faculty fornia and St. Paul. two children had just moved back to Min- and staff at the Law School and former classmates will miss her unforgettable laugh, Stephen F.Simon was elected to the neapolis, where she was joining the legal staff at Medtronic, Inc. irrepressible spirit, and uncommon kindness. Minnesota State House of Representatives. Gifts can be made to the Law School in her Mark T.Skoog is now a shareholder at She is survived by her husband Todd and memory through the Kristin J. (Allard) Merchant & Gould in Minneapolis. sons John and Joseph; and her mother and Vollmers Memorial.
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Melissa B. Maloney joined Fryberger, Buchanan, Smith & Frederick P.A. in Duluth as an associate attorney practicing real estate law Michael S. Rosow is an associate at Winthrop & Weinstine in Minneapolis, where he practices in the Creditors Reme- dies and Bankruptcy practice groups. Sarah Sonsalla (Wasmundt) is an associ- ate with Kennedy & Graven, Chartered, in Minneapolis. She practices municipal law. Kathleen E. Stendahl practices in the Franchise and Distribution group of global behemoth DLA Piper Rudnick Gray Cary, in their Chicago office. 2002 Jessica J. Clay is an associate at Nichols, Kaster & Anderson, PLLP in Minneapolis. The firm represents employees in employ- ment discrimination, sexual harassment, and On February1, the Minnesota Supreme Court held an oral argument at the Law School. overtime violations matters. Pictured from left to right:Associate Justice Sam Hanson,Associate Justice Russell Ander- son (Class of 1968),Associate Justice Alan Page (Class of 1978), Chief Justice Kathleen Karen T.Olson has joined the law firm of Blatz (Class of 1984),Associate Justice Paul Anderson (Class of 1968),Associate Justice Lubov & Associates in Minneapolis. She will Helen Meyer, and Associate Justice Barry Anderson (Class of 1979). practice primarily in the area of domestic relations law. courts-martial in a hostile combat environ- Timothy M. Kelley joined Leonard, Street Colleen “Kelley” Pulkrabek joined the ment for the 1st Marine Division operating and Deinard in Minneapolis as an associate Law Offices of Peter L. Klenk & Associates in the Al Anbar province. in the environmental law and litigation in Philadelphia, PA, after completing her groups. Ranga S. Nutakki has joined the law firm LL.M. in estate planning at the University of of Maslon Edelman Borman & Brand in Roshan N. Rajkumar of Bowman and Miami Law School. Minneapolis as an associate. He will focus Brooke LLP was named one of 15 Up-and- Greta M.Tackebury has joined Clark Hill on business and securities law Coming Attorneys by Minnesota Lawyer as an associate in the Litigation Practice (March 21, 2005).To be eligible, attorneys Scott B. Paxton practices as an associate Group in the Birmingham office.Tackebury must have been admitted to the bar within was previously with an international law in the business and commercial litigation the last six years. group of Leonard, Street and Deinard in firm in Phoenix,Arizona, where she repre- Minneapolis. Christopher D. Stall is now an associate sented clients in a variety of litigation areas, in the business law practice group at Moss including business and commercial law, Robert L. Schumann joined the St. & Barnett in Minneapolis. ethics and professional liability, and eminent Cloud office of Leonard, Street and domain. Deinard as an associate in the corporate 2001 law section. 2003 Krista D. Barrie joined Leonard, Street Minnesota Lawyer (March 21, 2005) named 2000 and Deinard in Minneapolis as an associate. She is in the business and commercial litiga- Emily J. Good of Minnesota Advocates for Clayton W.Chan has been selected as a tion group. Human Rights and Carolina A. Lamas of “Rising Star” by Minnesota Law & Politics. the Ramsey County Public Defender’s Chan practices at Winthrop & Weinstine in Benjamin L. Felcher recently married Office as Up-and-Coming Attorneys. Minneapolis in the Estate Planning and Busi- Amy Coxey Williams at Wave Hill, the Approximately 15 attorneys were chosen ness Succession Planning Department. public garden in Riverdale, the Bronx. Felch- to receive the honor; to be eligible, attor- er is an associate at Storch Amini & Munves neys must have been admitted to the bar Ryan D. Chandlee joined Robins, Kaplan, in Manhattan. within the past six years. Miller & Ciresi in Minneapolis as an associ- ate. He is focusing his practice in the area Mark A. Hamre joined Leonard, Street Jeremy L. Johnson joined Mansfield,Tan- of business litigation. and Deinard in Minneapolis as an associate. ick & Cohen in Minneapolis as an associate He practices construction law. attorney. He will work in the areas of class Erik F.Hansen joined Hellmuth & John- action litigation, antitrust litigation and real son PLLC in Eden Prairie, where he will Bradley J. Hintze recently joined the law estate. concentrate on civil litigation, construction firm of Michael Best & Friedrich. He is a litigation, and appellate practice represent- member of the Land & Resources Practice ing businesses and homeowners. Group in the Milwaukee office and will concentrate his practice in all aspects of real estate law.
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Ryan W. Marth is an associate at Robins, Mary Elizabeth Mackey received the Kaplan, Miller & Ciresi in Minneapolis. His annual Tarlton Fellowship from the Tarlton areas of practice include antitrust and Law Library at The University of Texas trade regulation, business trial and litiga- School of Law and the University of Texas tion, and mergers and acquisitions. School of Information.The fellowship is Benjamin L. Schneider is at Quarles & for scholars with JD degrees pursing Brady LLP in its Chicago office. He prac- careers in law librarianship. tices in the bankruptcy & creditor’s rights Heather Ichel Olson joined the law and litigation areas firm of Gray Plant Mooty as an associate Ryan E. Strom joined Fruth, Jamison & in the St. Cloud office focusing her prac- Elsass, P.A. in Minneapolis. tice on business and general litigation. Dean D.Willer practices at Winthrop & Dennis S. Puzz, Jr. is with Best & Flana- Weinstine in Minneapolis as an associate in gan in Minneapolis, where he is an associ- the General Corporate Practice Area, ate. His practice areas include business among others. law, Native American law, and real estate law. Bor Yang joined Central Minnesota Legal Services as a staff attorney. Her practice Anthony B. Sanders recently published focuses on family law and government “In Defense of Vote Buying: How ‘Nader benefits. Traders’ Can Defeat Rent Seeking” in the Hamline Journal of Public Law and Policy. 2004 Kell L. Schoff now practices at Choate, Busola A.Akinwale, Kate E. Jaycox, Hall & Stewart in Boston, doing IP and Kelly K. Pierce,and David B. Zucco corporate work. joined Robins, Kaplan, Miller & Ciresi in Bryan Smith joined Littler Mendelson’s Minneapolis as associates. Busola and Minneapolis office, where he practices David are in the IP litigation section, Kate employment and labor law. practices in the areas of medical malprac- tice, mass tort, and personal injury, and Mollie M. Smith joined Fredrikson & Kelly is in business trial and litigation. Byron in Minneapolis as an associate in the firm’s litigation group. She represents Jeffrey A.Abrahamson, Katie M. clients in a broad range of commercial dis- Connolly,and Devon Shuster have putes. joined Briggs and Morgan as associates. Jeff, Katie, and Devon are members of the Business Litigation Section; Katie is also in 2005 the Labor and Employment sections. Nathan Nelson is the 2005 recipient of the Federal Bar Association’s Judge Jennifer L. Haluptzok joined the law Edward J. Devitt Award. firm of Michael Best & Friedrich. She is a member of the Litigation Practice Group The Minnesota American Indian Bar Asso- in the Milwaukee office. ciation awarded scholarships to Andrea Yardley, Oglala Sioux Tribe, and R. Reid Joshua P.Hill, Rebecca E. Molloy,and LeBeau II, Cheyenne River Sioux Tribe. Jenny Winkler joined Dorsey & Whitney in Minneapolis. Josh and Jenny are associ- ates in the trial group and Rebecca prac- tices in the banking group. Jeremy Howard and his wife Katie Howard have opened a chocolate store, Winans Fine Chocolates and Coffees, in Norman, OK; anyone passing through can find them at 207 E. Main Street. Joshua Lim is an associate at Cohn Lifland Pearlman Herrmann & Knopf in Saddle Brook, New Jersey, practicing in the commercial litigation department.
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In Memoriam
CLASS OF 1931 CLASS OF 1941 CLASS OF 1954 Donald E. Nelson James H. Binger Donald E. Price Edina, MN Minneapolis, MN Wilmington, NC January 28, 2005 November 3, 2004 November 26, 2004
CLASS OF 1932 CLASS OF 1947 CLASS OF 1957 Maurice H. William D. Hawkland Frederick A. Hein Strothman Baton Rouge, LA Brunswick, GA Bloomington, MN November 7, 2004 January 14, 2005 January 9, 2005 CLASS OF 1948 CLASS OF 1966 CLASS OF 1933 O. Paul Lund Robert L. Nys Lincoln L.Arnold Hayward, CA Minneapolis, MN Arlington,VA October 4, 2004 November 2, 2004 November 3, 2004 CLASS OF 1948 CLASS OF 1997 CLASS OF 1935 John E. Kristin J.Vollmers James F.Ryder MacGibbon, Sr. Minneapolis, MN Franklin,TN Monticello, MN January 5, 2005 May 27, 2003 January 30, 2005 CLASS OF 2000 CLASS OF 1937 CLASS OF 1949 John S. MacEachern Frank N. Graham David C. Donnelly Minneapolis, MN Mendota,MN St. Paul, MN February 11, 2005 March 4, 2004 February 3, 2005 As of March 5, 2005 CLASS OF 1938 CLASS OF 1951 Stanford Dodge John H. Demoully Moose Lake, MN Salem, OR October 28, 2004 February 13, 2003
CLASS OF 1940 CLASS OF 1952 Norman L. Newhall James D. Simpson Minneapolis, MN Washington, DC February 5, 2005 October 15, 2004
CLASS OF 1953 Richard C. Stassen Muncie, IN February 26, 2005
CLASS OF 1954 James P.Larkin Cumberland,WI February 26, 2005
78 Law Alumni News SPRING 2005 The UNIVERSITY OF MINNESOTA LAW SCHOOL Presents
THE TWENTY-SIXTH ANNUAL University of Minnesota SUMMER PROGRAM OF CONTINUING Law Alumni Association LEGAL EDUCATION SEMINARS May 31–June 10, 2005 OFFICERS Stacy L. Bettison ’99, President Stephen F. Befort ’74, Treasurer Featuring University of Minnesota Law School Faculty DIRECTORS May 31 The Constitution in the Rehnquist Court Term Ending 2005 8:30–4:30 Professor Dale A. Carpenter John R. Beaulieu, ’97, Miami, FL Philip C. Carruthers ’79, St. Paul, MN June 1 Understanding the Current State of the Law in Tracey B. Davies ’97, Austin,TX 8:30–4:30 Trademarks, Copyright and Related Areas of Sylvester James, Jr. ’83, Kansas City, MO Intellectual Property R. Hugh Magill ’85, Chicago, IL Professor Daniel J. Gifford Erica D. McGrady ’96, Washington, DC Lynn M. Roberson ’79, Atlanta, GA June 2 War, National Security, and the Constitution:The Brian J. Schoenborn ’95, St. Cloud, MN 8:30–4:30 Constitution after September 11 Michael R. Sieben ’72, Hastings, MN Professor Michael Stokes Paulsen Paul D. Swanson ’82, Seattle,WA June 3 Trends in International Estate Planning and Mary L.Wegner ’86, Santa Monica, CA Gail L.Weinstein ’83, New York, NY 8:30–4:30 Offshore Trusts Professor Barbara Hauser Term Ending 2006 June 4 The Latest Word in Regulation of Professional Stacy L. Bettison ’99, Minneapolis, MN 9:00–3:00 Conduct: Rules, Statutes and Cases(morning)* Elizabeth Bransdorfer ’85, Grand Rapids, MI and Dealing with Bias in the Courtroom Joseph T. Carter ’83, Apple Valley, MN Christopher J. Chaput ’85, Chatham, NJ (afternoon)** A. James Dickinson ’65, St. Paul, MN Professor Maury S. Landsman Neil Fulton ’97, Pierre, SD June 6 War Crimes Natalie Hudson ’82, St.Paul,MN 8:30–4:30 Professor Fred L. Morrison Brian L. Johnsrud ’96, Palo Alto, CA Edmundo D. Lijo ’86, St. Paul, MN June 7 M.B.A. Concepts for Lawyers Charles Noerenberg ’82, St. Paul, MN 8:30–4:30 Professor Edward S.Adams Term Ending 2007 June 8 Systematic Statutory Interpretation Grant D.Aldonas ’79, Washington, DC 8:30–4:30 Professor Jim Chen Thomas A. Clure ’63, Duluth, MN Joan Ericksen ’81, St. Paul, MN June 9 Election Reform Joan L. Heim ’68, Washington, DC 8:30–4:30 Professor Guy-Uriel E. Charles Thomas R. Hood ’73, New York, NY June 10 Patents for the Business Lawyer David M. Kettner ’98, Madison,WI LaJune T. Lange ’78, Minneapolis, MN 8:30–4:30 Professor Dan L. Burk David V. Lee ’70, Los Angeles, CA James M. Neville ’64, Ladue, MO 6.5 General credits have been requested for each course, Judith L. Oakes ’69, Minneapolis, MN May 31–June 3 & June 6–10. Edward J.Wallin ’67, Orange, CA *3.0 Ethics credits have been requested for June 4 (morning). Ann L.Watson ’79, Minneapolis, MN **2.0 Elimination of Bias credits have been requested for June 4 (afternoon). Alex M. Johnson, Jr., Dean For more information www.law.umn.edu/cle/, please call 612-625-6674, or email [email protected]
$195 per seminar or Use the SuperPass and save! Take up to 7 courses for only $695! ALUMNI EVENTS CALENDAR 2005 May 5 University of Minnesota Law School Conference—With All Deliberate Speed: Brown II and Desegregation’s Children The Depot, Minneapolis May 6–7 Institute on Race & Poverty’s Race & Regionalism Conference 2005 The Depot, Minneapolis May 7 Reunion for the Class of 1994 May 14 Commencement 2005 May 20 Where are Law, Ethics & the Life Sciences Headed? Frontier Issues Full-day symposium sponsored by the Consortium on Law and Values in Health, Environment & the Life Sciences and Minnesota Journal of Law, Science & Technology, Mondale Hall, Room 25 May 23 Professor Donald Marshall’s Retirement Celebration Great Hall, Coffman Memorial Union, 5 to 8 p.m. May 31–June 10 Twenty-Sixth Annual Summer Program of Continuing Legal Education Seminars June 16 Alumni Reception during the Minnesota State Bar Association’s Convention in Brainerd, MN August 2 Alumni Event in Washington D.C. August 5 Alumni Reception at the ABA Convention in Chicago, IL September 22 William B. Lockhart Club Dinner September 23 Law Alumni Association Board of Directors Annual Meeting,Walter F. Mondale Hall September 24 Homecoming 2005 Law Alumni Association Homecoming CLE October 21 Minnesota Law Review Symposium October 25 William B. Lockhart Lecture—William Eskridge, Jr, John A. Garver Professor of Jurisprudence,Yale Law School
Please contact Sara Jones at (612) 626-1888 or [email protected] for additional information about these events.
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