Fall 2008 – Volume IV, Issue 1 Law Review Alum to Clerk for U.S

¡¤ ¦¡¤¥ Alumni Newsletter of the Minnesota Law Review ¢¡¤£¦¥¨§ © ¨ ! "£¦#$¡¤¥ Fletcher Files Fall 2008 – Volume IV, Issue 1 Law Review alum to clerk for U.S. Supreme Court Amy Bergquist (vol. 90-91), class of 2007, essential for clerking. The attention to detail recently accepted a clerkship for the 2010-11 that is important for citechecking an article is term with U.S. Supreme Court Justice Ruth just as important for reviewing and editing Bader Ginsburg. Bergquist just completed a opinions before they are published.” Of clerkship with Judge William A. Fletcher of greater significance to Bergquist, however, the U.S. Court of Appeals for the Ninth was the collegiality and professionalism of the Circuit. She plans to work for a year at Faegre Law Review. She remarks that she gained & Benson in Minneapolis before clerking in experience collaborating with others, and that 2009 for Judge John Tunheim (vol. 63-64) skills she developed like “collaborative of the U.S. District Court for the District of problem-solving, critical thinking, and Minnesota. diplomatic advocacy” have served her well as At the Law School, Bergquist was editor-in- a clerk. chief of volume 91 of the Law Review. She Bergquist is grateful for the opportunities remarks that many of her experiences with the she enjoyed at the Law School, including “a Law Review contributed to her clerkship great legal writing program, outstanding success. “Nearly all of the skills I developed Amy Bergquist, editor- in-chief of vol. 91 while working on the Law Review have been CONTINUED, page 4 e d i s n I s l i a t e D h t 7 1 r e b o t c O , y a d i r F ” y r u t n e C t s 1 2 e h t n i s c i t i l o P d n a w a L “ m u i s o p m y S l a u n n A w e i v e R w a L a t o s e n n i M 5 5 4 5 5 N M , s i l o p a e n n i M h t u o S e u n e v A 9 1 9 2 2 h t l l a H e l a d n o M 5 5 2 l o o h c S w a L a t o s e n n i M f o y t i s r e v i n U w e i v e R w a L a t o s e n n i M 2 • Fletcher Files www.law.umn.edu/lawreview/ Fall 2008 Catching Up With… Robert Sheran Robert Atmore Volumes 22-23 Volumes 46-47 Few people have had a larger impact on It is not often that victory comes after the Minnesota Supreme Court than former four losses in four different courts. But Chief Justice Robert Sheran (vol. 22- that is precisely what occurred when Bob 23). None have had a longer impact. Atmore’s (vol. 46-47) client prevailed at Born in Waseca, Minnesota, in 1916, the U.S. Supreme Court in Plains Comm- Sheran graduated from the Law School in erce Bank v. Long Family Land & Cattle 1939. Sheran received his first experience with the Minnesota Co. Atmore and his firm, Lindquist & Vennum, represented the Supreme Court as a law clerk to Chief Justice Henry Gallagher, bank throughout the protracted litigation. “The client is elated,” himself an attorney from Waseca. says Atmore. Following his first year at the Court, Sheran joined the Long Family recovered damages against the bank in Tribal Federal Bureau of Investigation. He served in the FBI until the Court after the bank foreclosed on land leased by Long Family, end of World War II, then relocated to Mankato. He joined the which had an option to purchase, and sold the land to nontribal Farrish Johnson Law Firm, which was formed by pioneering members. The bank challenged tribal jurisdiction over the female attorney Charlotte Farrish (vol. 9-10). Sheran was plaintiffs’ discrimination claim, but the Tribal Court, the Tribal also reunited with his mentor, Henry Gallagher, who joined the Court of Appeals, the Federal District Court, and the Eighth firm that same year. In 1946, Sheran was elected to the Circuit all concluded that the Tribal Court had jurisdiction. Minnesota House of Representatives, where he served for four After four losses, the bank finally succeeded in 2008 before years. the U.S. Supreme Court. The Court held that while tribes may Sheran was appointed to the Minnesota Supreme Court in regulate nonmember conduct inside tribal territory if it 1963. He remained at the Court until 1970, when he resumed implicates the tribe’s sovereign interests, tribes may not private practice at Lindquist & Vennum in Minneapolis. Four regulate the sale of non-Indian fee land to non-Indians. Thus, years later, Sheran returned to the Minnesota Supreme Court as the Tribal Court had no jurisdiction because the claims arose its Chief Justice. In 1981, Sheran returned to Lindquist, where from the bank’s sale of non-Indian fee land to non-Indians. he remained until his retirement from daily practice in 1991. While Atmore enlisted colleague Paul Banker to argue before He later spent two years as Dean of the Hamline Law School. the U.S. Supreme Court, he reflected on his own lengthy And now, almost 60 years after his first experience with the involvement in the case as he moves toward retirement, joking, Court, Sheran’s imprint has not waned: his former law clerk, “maybe I’ll develop a new niche practice and focus on losing Eric Magnuson, was recently named its Chief Justice. 8 cases just to posture them for Supreme Court review.” 8 Remembering… George MacKinnon Congressman, Richard Nixon. MacKinnon and Nixon helped Volumes 12-13 draft the Taft-Hartley Act and investigated whether Alger Hiss passed government secrets to the Soviet Union. Judge George MacKinnon’s career After losing his bid for reelection, MacKinnon returned to started on rough footing – he was sworn private practice. In 1953, he was appointed United States into the bar on the day of the 1929 stock Attorney for Minnesota. He ran for governor in 1958 but was market crash. It did not phase him. defeated by Orville Freeman (vol. 25). MacKinnon returned Born in St. Paul in 1906, Judge again to the mutual funds industry until 1969, when then- MacKinnon starred at the University in President Nixon appointed MacKinnon to the U.S. Court of football, track, and basketball. After law school, he became Appeals for the District of Columbia. One of Nixon’s first two assistant general counsel for Investor’s Syndicate, a major judicial appointments, MacKinnon stayed on the court until his mutual fund, and served in the Minnesota House of death in 1995. He also presided over the Foreign Intelligence Representatives from 1935 through 1942. While in the state Surveillance Court after its inception and served as a member legislature, MacKinnon helped get his close friend from law of the U.S. Sentencing Commission. school, Harold Stassen (vol. 12), elected governor in 1938. Judge MacKinnon was “fiercely independent,” as the New At the outbreak of World War II, MacKinnon joined the York Times noted, a trait that was frequently vindicated. Over United States Navy. After the war in 1946, he was elected to one period, the U.S. Supreme Court reversed 25 of the 29 the U.S. House of Representatives. He served only one term, decisions it reviewed from MacKinnon’s court. In all 25, but made a lasting friendship with another first-term MacKinnon was in the dissent. 8 Fall 2008 www.law.umn.edu/lawreview/ 3 • Fletcher Files Primed for the Election, Law Review The Editor’s Desk st To Explore 21 Century Politics Volume 93 is up and running! Since hosting the annual banquet in April, On October 17, 2008, the Law Review will host its annual symposium, the Law Review has transitioned to its new “Law & Politics in the 21st Century,” at the Law School. The event will take board, solidified our symposium agenda place less than three weeks before the general election. The discussion will and roster, filled our volume, accepted 39 examine the ways in which political factors increasingly affect the new staff members, and approved eight development of the law, and will feature two keynote speakers: D.C. Circuit new student notes for publication – all Judge Brett Kavanaugh and The New Republic columnist Benjamin Wittes. before publishing our first issue. Here is a The symposium will also focus on three panel topics: “Politics and the sneak preview of the Judiciary,” “Current Issues in Election Law,” and “Beyond Bush: The Future Volume 93 high- of Executive Power.” lights: Several of the country’s - A lead article most distinguished scholars from Professor Jack will participate. Professors Balkin, Yale Law Lee Epstein (Northwestern), School. Ward Farnsworth (Boston - Articles from the University), Nancy Staudt most distinguished (Northwestern), and Tim scholars in the Johnson (Minnesota) will nation, including Professors Martin Redish address issues regarding the (Northwestern), Steven Schwarcz (Duke), politicization of the judic- and Ilya Somin (George Mason). iary. Discussion will include - Articles from some of Minnesota’s top the merits of various modes scholars, including Professors Alan Erbsen of judicial selection, the and Jill Hasday. political economy of judg- - Our annual symposium. ing, and factors that cause - A continued emphasis on student U.S. Supreme Court justices publication, with a strengthened editing to dissent from the bench.

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