advocateUniversity of San Diego School of Law

Called to Service USD School of Law supports veterans with new initiatives

Plus: Highlights from Fall 2013 Commencement 2013 ( MAsthead

advocateUniversity of San Diego School of Law Joshua Poulsen, SBA President (ex officio) Jack R. McGrory ’81 Kristin E. Rizzo ’06 Lann G. McIntyre Hallen D. Rosner ’83 Gerald L. McMahon ’64 Andrew B. Serwin ’95 A. John Murphy Jr. ’72, ’75 Jeff A. Silvestri ’95 Virginia C. Nelson ’79 Called to Catherine L. Tran ’08 Honorable Louisa S. Porter ’77 Honorable Robert J. Trentacosta ’79 Donald G. Rez ServiCe Noel B. Vales ’97 Michael J. Rider ’83 USD School of Law supports veterans with new initiatives Honorable Timothy R. Walsh ’91 Paul E. Robinson ’73 Honorable Thomas J. Whelan ’61, ’65 Lynn Schenk ’70 Jessica Wilson ’02, ’06 Gary W. Schons ’73, ’76 Alan Schulman Plus: Highlights from Fall 2013 Commencement 2013 2012–13 Board of Visitors Brian T. Seltzer ’77 — Susanne Stanford ’75 On the cover, from left: Director of USD’s Elaine A. Alexander Jeffrey T. Thomas ’82 Initiative to Protect Student Veterans Michael A. Alfred ’83 Michael T. Thorsnes ’68 Clayton M. Anderson ’76 Honorable Robert J. Trentacosta ’79 Col. Patrick Uetz (ret.), Vincent LaPietra G. Edward Arledge ’73 Vickie E. Turner ’82 ’07 (JD), and USD’s Veterans Clinic Richard M. Bartell ’75 Michael J. Weaver ’73 Supervising Attorney Robert F. Muth. William G. Baumgaertner ’75 Richard A. Bayer ’83 Editor 2012–2013 Law Alumni Robert W. Blanchard ’80 Ashley Vitale Association Board of Directors Alan K. Brubaker ’76 Contributors — Elizabeth Carson Shari Baurle President David S. Casey Jr. ’74 Tara Murphy Chad R. Fuller ’97 Steven J. Cologne ’84 Guylyn R. Cummins ’85 Debbie Rider ’84 Patrick Riedling President-Elect Dennis J. Doucette ’86 Tina Safi ’14 Honorable Ronald F. Frazier ’82 Stephen P. Doyle ’84 Ambassador Nancy Ely-Raphel ’68 Photographers Immediate Past President Michael A. Ferrara Jr. ’72 Alan Decker Lann G. McIntyre ’82 Dean Stephen C. Ferruolo Grace Goodale Thompson Fetter ’67 Sanders Hall Karin L. Backstrom ’92 John I. Forry Tim Mantoani Robert K. Butterfield ’77 Professor C. Hugh Friedman (1932–2013) Cpl. Emmanuel Ramos, USMC Honorable Carolyn M. Caietti ’83, ’86 Gordon L. Gerson ’76 Lance Cpl. Jackeline M. Perez Rivera, USMC E. Scott Dupree ’77 Honorable David M. Gill Allen Wynar Susan S. Gonick ’86 Michel J. Duquella ’94 Design Honorable J. Richard Haden ’74 (ret.) Buck Endemann ’07 Diablo Custom Publishing Honorable Ana Espana ’79, ’82 John R. Henkel ’77 Dean Stephen C. Ferruolo (ex officio) Karen P. Hewitt ’89 Douglas J. Friednash ’87 Denise M. Hickey ’94 The Advocate is published by the University Honorable Harlan G. Grossman ’75 Honorable Richard D. Huffman of San Diego School of Law Communications Andrew R. Haden ’08 Peter J. Hughes Department. Ashley T. Hirano ’09 Steven R. Hunsicker ’75 Knut S. Johnson ’86 Michael B. Kaplan ’72 Please address all correspondence to: John (Jay) A. Jurata Jr. ’00 Harri J. Keto ’76 The Advocate Professor Michael B. Kelly James C. Krause ‘75 University of San Diego School of Law Lynne R. Lasry ’79 Alex L. Landon ’71 5998 Alcalá Park Dennis L. Livingston ’77 Stanley W. Legro San Diego, CA 92110-2492 Marty B. Lorenzo ’93, ’96 Honorable Frederic Link ’68 Phone: (619) 260-4207 Amos “Alex” Lowder ’09 Patrick W. Martin Email: [email protected] Professor Shaun P. Martin Honorable Judith McConnell © 2013 USD School of Law contents 12

24 Departments

2 Dean’s Message Dean Stephen C. Ferruolo talks about achievements of USD law faculty, students and alumni.

16 4 Discovery Noteworthy moments from the past year.

8 campus briefs Achievements, events, new programs Features and more.

Called to Service 28 Faculty footnotes 16 USD School of Law expands its support for the military Updates on faculty members’ scholarly with the launch of the Initiative to Protect Student Veterans. publications and activities.

COMMENCEMEnt 2013 41 calendar 24 At the law school’s 56th Conferral of Law Degrees, Justice Save the date for upcoming events. Michael J. Streit, ’75, recipient of the 2012 John F. Kennedy Profile in Courage Award, urged the new graduates to “do justice to all.” 42 IN MEMORIAM USD School of Law mourns the passing of these alumni and faculty.

46 class action Catch up with the personal and professional lives of alumni.

52 scene of the crime Were you there? Candid photos from recent alumni events.

5

USD school of law | 1 Dean Stephen C. Ferruolo and 2012 Rising Star Recent Alumni Award recipient Laurie G. Rowen, ’04.

Footnotes section of this issue tells of some of the scholarly achievements that place our faculty among the Social Science Research Network’s (SSRN) Top 25 World Law Schools. This entire issue tells of the impact that our faculty’s teach- ing (in the broadest sense) has on our students and of the valuable ways in which our graduates use the education they receive in our classrooms and clinics to be leaders in both law practice “THEY CARED THAT I DID WELL” and public service. There is currently much discussion about his issue of the Advocate provides a how legal practice is changing. Our 2012 Rising glimpse into the remarkable level of Star Recent Alumni Award recipient, Laurie T activity here at USD and the many Rowen, ’04, is at the forefront of these changes ways in which our alumni are using their legal as the co-founder of the Montage Legal Group, educations to serve their communities and a network of highly experienced freelance advance justice and the rule of law. Since I attorneys providing contract legal services became dean two years ago, not a day has gone for leading law firms nationwide. Among our by that I have not been inspired hearing about more than 100 alumni who have served on the achievements of our faculty, our students the judiciary, two are recognized here for their and our alumni. exemplary leadership: our 2013 Commencement “They cared that I did well,” says Vincent speaker, Michael J. Streit, ’75, former associ- LaPietra, ’07, praising the support he received ate justice of the Iowa Supreme Court, and from our faculty as they helped him to complete Robert J. Trentacosta, ’79, presiding judge of law school successfully despite the disruptions the San Diego Superior Court. The two alumni of a three-year deployment to lead a platoon who received USD’s Author E. Hughes Career in Kosovo and activation to fight wildfires in Achievement Awards, San Diego City Attorney Southern California during his last semester. Jan Goldsmith, ’76, and James Waring, ’73, exec- Like so many of the alumni I meet, LaPietra utive chairman and co-founder of CleanTECH emphasizes the vital role of our faculty of San Diego, evidence other notable examples of scholar-teachers to his success. The Faculty outstanding public and community service.

2 | Fall 2013 dean’ s message )

“I use a lot of the international law experi- Competition and Vis International Commercial ence I gained at USD,” says Lt. Col. Christopher Arbitration Moot; the events sponsored by Shaw, who received his LLM degree in inter- our Institute for Law and Religion, Center for national law in 2009 and currently serves as Corporate and Securities Law, and Center for special assistant to the secretary of the Navy Intellectual Property Law and Markets, where for legislative and legal matters. USD has major legal issues are being publicly addressed; long been committed to teaching interna- and the vital advocacy work being done by tional and comparative law and to providing our Children’s Advocacy Institute and our new opportunities for our students to gain valu- Initiative to Protect Student Veterans. able international legal experience. The new Our alumni have every reason to be proud semester exchange programs we are establish- of the achievements and growing legacy of this ing with leading law schools around the world great law school. I certainly am. (discussed in Campus Briefs) are expanding and enriching those opportunities. This issue of the Advocate also highlights other activities that show the success of our students, the academic vibrancy of our commu- nity and the impact of our law school on society. Stephen C. Ferruolo These include challenging competitions like Dean, USD School of Law the Paul A. McLennon, Sr. Honors Moot Court

JD candidate Rosibel Mancillas Lopez giving the invocation at Commencement 2013. decker alan

USD school of law | 3 discovery

Honors and Highlights noteworthy moments from the past year

March 1, 2012 Student Victory at Moot Court Competition

Sara Belvill

Second-year law student Sara Belvill took top The final-round oral argument was presided honors at the 2012 Paul A. McLennon Jr. Honors over by the Honorable M. Margaret McKeown, Moot Court Competition. Belvill argued for the circuit judge for the U.S. Court of Appeals, Ninth respondent in a fictional case, inspired by a Circuit; the Honorable Thomas C. Ludington, recent Seventh Circuit decision, that focused on district judge for the U.S. District Court, Eastern an association of atheists and agnostics who sued District of Michigan; and the Honorable Ronald F. to invalidate the National Day of Prayer statute. Frazier, San Diego Superior Court judge. decker alan

4 | Fall 2013 discovery )

Honorable Diarmuid O'Scannlain gave the 2012 Hugh and Hazel Darling Foundation Lecture on Constitutional Originalism.

USD School of Law’s Center for the Study of Constitutional Originalism presented the September 5, 2012 Hugh and Hazel Darling Foundation Lecture on Constitutional Originalism with distin- guished speaker the Honorable Diarmuid An Originalist O’Scannlain, United States circuit judge for the Ninth Circuit Court of Appeals. Judge O’Scannlain’s lecture, “The Role of Perspective the Federal Judge in the Constitutional Structure: An Originalist Perspective,” on the Role of discussed the structure established by the Constitution, the roles that each branch plays in that structure, and the respect that the Federal Judges federal branches owe to the states and to the people. More specifically, he examined the structure and features using an originalist perspective on the federal judge’s role in the constitutional structure. decker alan

USD school of law | 5 ( discovery

October 4, 2012 California Bar Foundation Awards Students

Claude Durden Jr.

The California Bar Foundation selected first-year and commitment to the community. student Claude Durden Jr. from a competitive The foundation also named third-year pool of more than 220 applicants to receive one student Lisa Heng Charukul the Jim Pheiffer of only 19 diversity scholarships, which support Scholar, recognizing her commitment to chil- incoming law students from historically under- dren’s issues. Named in honor of the California represented ethnic or racial groups in the legal Bar Foundation’s founding executive director, the profession. The scholarship is awarded based on scholarship is given to students who aspire to be a student’s academic excellence, financial need public interest lawyers.

6 | Fall 2013 discovery )

Law and religion experts from across the country gathered October 12–13, 2012 to discuss “Freedom of the Church in the Modern Era.” This event served as the official launch of USD School of Law’s new Institute for Law and Religion. Institute for Law The institute’s inaugural event featured Professors Richard Garnett from Notre Dame Law School and Andrew Koppleman from Northwestern Law School debating “Is and Religion Hosts Religious Freedom in America at Risk.” During the two-day conference, jurists and scholars debated whether there is any Inaugural Event constitutional commitment to freedom of the church and if it is derived from the more fundamental constitutional commitment to freedom of religion.

November 16, 2012 Distinguished Alumni Awards

Honorable Robert J. Trentacosta A. John Murphy Jr.

USD School of Law presented the 2012 co-founder and co-owner, Montage Legal Group. Distinguished Alumni Awards to the Honorable Both awards are presented to law school Robert J. Trentacosta, ’79, San Diego Superior alumni who have distinguished themselves in Court presiding judge, and A. John Murphy Jr., their chosen profession at an exemplary level and ’72 (BA), ’75 (JD), managing partner at the embody the high ethical standards and commit- Palo Alto, Calif., office of Wickersham & Murphy. ment to community service that USD School of The law school also presented the Rising Star Law seeks to instill in its graduates. Recent Alumni Award to Laurie G. Rowen, ’04,

USD school of law | 7 campus briefs

Children's Advocacy Institute

Children’s Advocacy Institute Wins Sweeping Victory for Children

an Diego Superior Court Judge Judith F. welfare agencies, the petitioners argued that it is SHayes struck down regulations issued by the critical for the public and the media to discover California Department of Social Services (DSS) these circumstances and causes to help prevent that blocked the ability of the public and media future deaths of endangered children. to discover why child welfare agencies failed to Judge Hayes ruled that the department’s act to prevent deaths from child abuse or neglect. regulations were inconsistent and in conflict Based on research by the University of San with Senate Bill 39 (Migden), a landmark 2007

Diego School of Law’s Children’s Advocacy California law enacted to promote and encourage i

Institute (CAI) that shows most of these fatali- public scrutiny of child welfare practices when oan ties were preceded by reports of abuse to child those practices fail to prevent a child’s death. TIm man t TIm

8 | Fall 2013 campus briefs )

SB 39, co-sponsored by CAI and the The lawsuit succeeded in overturning DSS National Center for Youth Law, has facilitated regulations that excluded deaths caused by public scrutiny and news reporting of systemic individuals such as the mother’s current boy- child welfare problems throughout the state, friend, the babysitter, the child care provider, but especially in Sacramento and Los Angeles or anyone other than the parent or guardian. counties. Other challenged limitations included “Public scrutiny of local child welfare reporting only deaths that were directly caused practices when our most precious and vul- by an abuser through a single act or event. The nerable citizens tragically die is something petitioners argued that the reporting require- everyone who cares about the well-being of ment properly applied when earlier abuse and children should embrace,” said Executive neglect may have contributed substantially to Director of CAI and University of San Diego the death. The petition and granted writ adopt School of Law Professor Robert Fellmeth, who the broader causation interpretation to allow served as co-counsel in the lawsuit along with public examination of factors that lead to Morrison & Foerster. deaths from child abuse or neglect.

“Public scrutiny of local child welfare practices when our most precious and vulnerable citizens tragically die is something everyone who cares about the well-being of children should embrace.” —Robert Fellmeth, Executive Director of CAI and University of San Diego School of Law Professor i oan TIm man t TIm

USD school of law | 9 Left: Cherie Blair; below: Blair with with Fekadu Senbeta.

herie Blair—human rights barrister, part- time judge and wife of former British Prime CMinister Tony Blair—delivered the Jane Ellen Bergman Memorial Lecture on September 19, 2012. Co-sponsored by the law school and USD’s Joan B. Kroc School of Peace Studies, the series invites students, faculty, staff and the community to hear distinguished lecturers speak about women, children and human rights issues. In her speech, “Forging the Future: Human Rights, Justice and the Law,” Blair shared lessons from her life as a lawyer, from the early challenges of being a female lawyer in the 1970s to the uncommon decision to continue working while her husband served as prime minister. Blair emphasized her firm belief that a robust legal education is a huge force for good in the world, noting that her own education not only opened doors but also gave her the confidence to walk through them. She encouraged lawyers to value their role in a worldwide community of Cherie Blair lawyers, sharing a commitment to human rights and justice. “People say all the time that they don’t see Delivers Bergman Lecture, lawyers as change makers,” said Blair. “But the role of law and lawyers is to help bring stability. All Meets First AJF Student lawyers share something in common, and that’s a commitment to justice. The law is my passion, and I see it as being crucial to a just and stable world.” Senbeta received his LLM in comparative law from Before the lecture, Blair visited with USD School USD in 2012. He returned to the Ethiopian Ministry of of Law LLM student Fekadu Senbeta, the first Justice to head the Gulele Federal Justice Office. scholarship recipient of the law school’s partner- In her opening remarks, Blair expressed her delight ship with the Africa Justice Foundation (AJF). USD to meet Senbeta in person and acknowledged the gen- is the first U.S. law school to partner with AJF, a erosity of USD in teaching him new principles of law to global initiative co-founded by Blair to support the implement in his home country’s legal system. development of government systems and judicial Visit law.sandieg.edu/blair2012 to see Cherie Blair’s decker process in African nations. full lecture. alan

10 | Fall 2013 campus briefs )

Investment Compliance and Operational Risk; and Carolyn CCSL Events Miller, former chief legal officer of Galleon Group and now counsel at Goodwin Procter LLP. The panel discussed the increasing number of insider Bring Big Names trading civil actions brought by the U.S. Securities and Exchange Commission (SEC), which have increased by more than 50 percent from 2009 through 2011. Many of those to Campus cases involved financial professionals, hedge fund manag- ers, corporate insiders, attorneys and even government Federal Prosecutor employees who unlawfully traded on material nonpublic Preet Bharara spoke information, undermining the integrity of the capital markets. on financial fraud On January 27, 2013, CCSL presented “Regulatory and enforcement at CCSL. Legal Issues in the Year Ahead: What Directors, Shareowners and Management Should Know,” a bonus session for the annual Directors Forum. The event welcomed noted corpo- rate and securities experts SEC Chief Accountant Lynn Turner; Cooley LLP partner Koji F. Fukumura; Robbins, Geller, Rudman & Dowd LLP partner Darren J. Robbins; and the Honorable Ronald S. Prager of the San Diego Superior Court. On January 28, 2013, U.S. Attorney for the Southern School of Law’s Center for Corporate and District of New York Preet Bharara discussed prosecutions USD Securities Law (CCSL) helps enrich scholarly under President Obama’s Financial Fraud Enforcement and popular debate on a wide range of issues related to cor- Task Force, the broadest coalition of law enforcement, porate governance, financial regulation and other business investigatory and regulatory agencies ever assembled to law topics. CCSL continued to bring top-name practitioners combat fraud. Over the past three fiscal years, the Justice and policy experts to campus throughout the 2012–13 Department has filed more than 10,000 financial fraud cases school year. against nearly 15,000 defendants, including more than On October 24, 2012, CCSL brought together a panel of 2,700 mortgage fraud defendants. Bharara also provided financial and trading experts for a candid and lively discus- career advice and conducted a Q&A session with students. sion about the “Wild World of Insider Trading.” On February 4, 2013, Commissioner Troy A. Paredes of Moderated by Mark Anson, managing partner at Oak Hill the SEC gave a presentation to law school faculty and led a Investment Management in Menlo Park, Calif., the panel discussion of securities law topics at a dinner attended by a included Joshua Klein, co-founder of Petrillo, Klein & Boxer small group of CCSL members, law school alumni and local LLP; Carol Moody, senior portfolio manager for CalPERS securities lawyers. decker alan

USD school of law | 11 ( campus briefs

New Semester Back row, from left: USD School of Law Vice Dean Mary Jo Wiggins, USD School of Law Director of International and Comparative Exchange Programs Law Programs Michael Ramsey; front row, from left: USD School of Law Dean Stephen C. Ferruolo, EBS Associate Dean of International Relations Axel Schumacher.

School of Law expanded its international EBS Law School (Germany) USD reach by launching five new semester Hosted by EBS Law School, this program combines legal exchange programs with schools in Argentina, China, and business studies to deliver top-level research, teach- Germany, Israel and Singapore. The programs allow USD ing and executive education of high practical relevance, students to attend law school abroad for one semester, not only in the legal field but also at the intersection of and allow students from partner institutions to attend business and law.

USD for one semester. Hebrew University of Jerusalem (Israel) “These exchange programs provide USD law students Set to begin in the fall of 2013, USD law students will the opportunity to learn about global issues from a differ- attend Hebrew University to explore international ent perspective and prepare them for legal practice in the law from an interdisciplinary approach, with a special ever-expanding global market,” said Michael Ramsey, law emphasis on human rights, intellectual property and professor and director of international and comparative international business law. law programs at USD. Singapore Management University School Universidad Torcuato Di Tella (Argentina) of Law (Republic of Singapore) Hosted by the Universidad Torcuato Di Tella School of Set to begin in the fall of 2013, USD exchange students Law, USD law students study economics, tax and interna- will attend Singapore Management University School of tional law, with a special focus on European Union, civil Law to explore an emphasis on international law and the and criminal law. intersection of law, business, economics and politics. Peking University School of Transnational USD launched its first semester exchange program Law (China) in 2004 at the University of Copenhagen Faculty of Law Hosted by Peking University School of Transnational Law, in Denmark, where USD students study European Union USD law students focus on common-law subjects with laws relating to intellectual property, constitutional, a transnational and comparative law emphasis. Upper- business and corporate, and human rights law. division courses mix more advanced electives with a full Learn more about the law school’s semester abroad curriculum of Chinese law courses. programs at law.sandiego.edu/studyabroad. decker alan

12 | Fall 2013 First Post-Grad Training Program

uring the fall 2012 semester, USD Hong Kong, site of the annual competition. School of Law hosted its first post- Dgraduation training program for alumni. Funded by the generous gift of law school alumnus George Strong, ’74, Professor VICAM Team Allen Snyder led a six-week practical training program focused on oral advocacy trial skills. Advances to The program was free for all recent graduates and provided 36 hours of continuing legal Final Round education (MCLE) credit. The recent graduates who attended the n March 2012, USD School of Law’s Vis International program were enthusiastic about the training Commercial Arbitration Moot (VICAM) team advanced they received. I to the final round in the 2012 Willem C. Vis International “I thought the group of instructors was Commercial Arbitration Moot competition in Hong Kong. spectacular. I truly felt like I was working with The team also received an honorable mention for the world-class professionals,” said one attendee. claimant’s brief. Another stated that participants learned “there Each year, the law school’s VICAM team competes is really no substitute for preparation and against more than 275 law schools from 70 countries in critical thinking about the case and about the the annual competition in Vienna and Hong Kong. Teams particular activity.” compete in the area of international commercial law and The program faculty was composed of arbitration, also known as alternative dispute resolution. exceptional volunteer practitioners who have The law school’s VICAM 2012 team included second- substantial experience representing a range of year law students Alex Willett, Stephanie Parazo, Giorgio clients in criminal and civil matters. Instructors Sassine and Matthew Carter. Michael McDonald, also a included the Honorable Judy Hayes, ’77; Alan second-year student, served as the team’s student coach. Brubaker, ’76; Monique Carter, ’05; Bibi Fell, “The chances of making it into the advanced rounds ’04; Michelle Ialeggio, ’04; Knut Johnson, ’86; is 17 percent,” said team advisor and mentor Michael T. Lynne Lasry, ’79; Virginia Nelson, ’79; Jim Thorsnes, “but against those odds, [our] team has Sandler, ’75; and Jessica Wilson, ’06. Linda advanced in three out of the past four years.” Lane, a graduate of the University of Colorado Law School, also joined the volunteer faculty.

USD school of law | 13 Joan B. Kroc Institute rotunda during the Patent Law Conference at USD.

Third Annual USD School of Law Patent Law Conference

n January 17, 2013, USD Circuit, delivered the event’s keynote School of Law’s Center for address after joining the Honorable OIntellectual Property Law Marilyn L. Huff and the Honorable Janis and Markets hosted its third annual L. Sammartino for the judges’ panel. Patent Law Conference at the Joan B. Judge Huff and Judge Sammartino Kroc Institute for Peace & Justice. both are from the U.S. District Court, Co-hosted by the San Diego Intellectual Southern District of California, and part Property Law Association (SDIPLA), of a 10-year congressionally funded the event featured a series of panels pilot program training judges in the and presentations by judges, professors, complexities of patent law. prominent corporate counsel and law The attorneys’ panel, moderated firm attorneys. by Professor John H. Duffy from the Titled The Future of Patent Law University of Virginia, included well- Remedies, the conference addressed known attorneys Fred Berretta from landmark changes in patent law rem- Knobbe Martens, James Isbester from edies taking place at the federal circuit, Kilpatrick Townsend, David Kleinfeld Supreme Court and global levels. from Goodwin Procter, Michael M. The Honorable Jimmie V. Reyna Rosen from Fish & Richardson, and of the U.S. Court of Appeals, Federal Chris Longman from Qualcomm. The

14 | Fall 2013 campus briefs )

School Launches panel discussed how recent seminal pat- on recent developments and a compari- New Intellectual ent case decisions affect the availability son of the U.S. system with other major Property Law Clinic of injunctive relief and other remedies. patent systems. USD Professor of Law David The conference provides attorneys, USD School of Law launched its McGowan and DLA Piper partner academics and guests the opportunity new Intellectual Property Law and law school Adjunct Professor to network and participate in the dis- Clinic in August 2012. Led by Erin Gibson hosted the ethics panel cussion. This year’s conference was Professor Ted Sichelman and on newly proposed U.S. Patent and sponsored by Qualcomm, DLA Piper, Adjunct Professor Dana Robinson, Trademark Office professional responsi- Fish & Richardson PC, Goodwin Procter, the clinic pairs law students with bility rules. USD Professor of Law Kilpatrick Townsend & Stockton, local law firms to provide pro Ted Sichelman and University of Knobbe Martens Olson & Bear, Wilson bono legal services to individu- Minnesota Professor of Law Thomas Sonsini Goodrich & Rosati, and SDIPLA. als and companies in the areas of Cotter concluded the first day of the Watch the full conference at patent, trademark, copyright and conference with the professors’ panel law.sandieg.edu/plc2012. trade secret law.

Adjunct Professor Michael Attanasio Victory in Roger Clemens Case

n June 18, 2012, USD School of Law of sports fans all over the world. OAdjunct Professor Michael Attanasio, “Clemens deserved nothing less,” Attanasio said. alongside lead attorney Rusty Hardin, “The case against him was riddled with profound prob- achieved a complete trial victory representing lems. This jury wasn’t taken in. It’s been an epic saga, and former Major League Baseball pitcher Roger we are all thrilled that such a decisive verdict has been Clemens. Clemens was found not guilty of all six charges delivered. Roger is innocent, and he should never have brought by the U.S. Attorney’s Office contending that been charged.” Clemens lied to Congress in 2008 when he testified that he Attanasio teaches white collar and corporate crime law never took performance-enhancing drugs. at the law school. He is partner-in-charge of the San Diego The trial, which lasted more than two months, was office and vice chair for the firmwide litigation department the focus of media attention across the United States and of Cooley LLP.

USD school of law | 15 Vincent LaPietra, '07 (JD) , , all anders H , S ani s o o am ant R

Nicole Hudspeth, '03 (JD) im M : T p mmanuel m To . E . o pl r C F

Christopher Shaw, '09 (LLM)

16 | Fall 2013 By Leslie A. Gordon

For these three alumni who have achieved stellar legal careers in the U.S. military, USD School of Law provided the ideal foundation

With its distinguished faculty, Station Miramar and naval Nicole Hudspeth, ’03; and nationally renowned legal bases in Coronado and San Christopher Shaw, ’09 (LLM)— education programs and unique Diego, University of San Diego who have taken the exceptional proximity to several of the School of Law is a top choice legal education they gained at country’s most recognized for active, retired or aspiring USD School of Law and applied military bases—including military service members it to achieve standout military the Marine Corps Base Camp to study law. Meet three and civilian careers in the Pendleton, Marine Corps Air alumni—Vincent LaPietra, ’07; United States and abroad. Vincent LaPietra ’07 (JD)

Balancing a criminal law career and service for the JAG Corps

After graduating from the Virginia Military Institute, where he studied philosophy, Vincent LaPietra debated between returning to a commission in the National Guard or attending law school. “I was sure I wanted to be a prosecutor. Criminal law was the one thing I knew I wanted to do.” So he took the LSAT “to see what opportuni- ties arose.” With his career direction set and law school acceptance letter in hand, LaPietra took a commission in the California Army National Guard and moved to San Diego, where he enrolled at USD School ani of Law. But after spending just one year in law school, he was ant o

deployed to Kosovo, where he started off as platoon leader and left M im T 18 | Fall 2013A The professors were very helpful in my transition. I got a sense they cared that I did well. I was very impressed with the level of support.

as an executive officer. He was gone for three semesters. “As a JAG Corps reservist, I handle administrative law, “When I came back to law school in the third week of trials and medical reviews,” he says. “It runs the gamut.” the second semester, the professors were very helpful in LaPietra now works as a deputy attorney general in San my transition,” LaPietra says. “I got a sense they cared that Diego, handling criminal appeals, writs and trials before I did well. I was very impressed with the level of support.” the California Court of Appeal as well as federal habeas In 2007, during his last semester, the National Guard corpus petitions. activated him once again to help battle the Southern LaPietra was recently sent to Alabama for a year California wildfires. “I missed over a week of classes,” to handle criminal matters for a brigade commander. LaPietra recalls. “I didn’t fall too far behind, though, because Whenever he is deployed, he receives 30 days of paid [Assistant Dean of Student Affairs] Carrie Wilson arranged military leave from the Attorney General’s Office. Although for lecture notes to be taken for me. That kind of help was the rest of the leave is unpaid, his seniority and retirement truly instrumental in getting me through the program.” benefits are unaffected. Upon graduation, LaPietra transferred to the National When not formally deployed for the JAG Corps, LaPietra Guard’s inactive reserves and took the first step in his goal devotes one weekend a month to a legal operations detach- to become a prosecutor by working as a law clerk at the ment to support local reserve units. He also attends two San Diego District Attorney’s Office. weeks of extended training during the summer. “We pro- After completing his clerkship, he interviewed at the vide any kind of legal help,” he explains, including drafting Attorney General’s Office, where he met a lawyer—also wills and trusts for service members. “We are a starting a USD School of Law graduate—who encouraged him to point, even if they have civilian legal problems.” explore the Judge Advocate General’s (JAG) Corps reserves. LaPietra enjoys applying his legal skills “back and forth” The JAG Corps provides legal counsel to commands, and between criminal law and the military. “It allows you to defends and prosecutes military law. So in February 2010, broaden the scope of your proficiency as a lawyer,” he says, LaPietra traveled to Charlottesville, Va., to do just that. “and you don’t get pigeonholed into one aspect of law.”

USD school of law | 19 The law school Nicole Hudspeth ’03 (JD) is an Adjudicating for the Navy-Marine Corps excellent choice for military When Nicole Hudspeth began her undergraduate studies at the University of North Carolina at Charlotte, a military career was the personnel. furthest thing from the mind of this self-described “total sorority girl.” But when she graduated in 1993 with a criminal justice degree, she knew she wanted to work in federal law enforcement and was confident that a sure-fire way to meet her career goal was to join the Marines. “I was impressed with the ethics and physical fitness standards set by the Marines,” Hudspeth recalls. “I’m an overachiever, and I think it’s the most difficult of the services. I wanted to be part of the best.” She joined the Marine Corps in 1994, serving as an air defense control officer as well as handling many other collateral duties. First stationed at Camp Pendleton and later at Marine Corps Air WStation Miramar, Hudspeth began to feel that “it was difficult enough being a woman in what is literally a man’s world, and I was ready to leave the Corps to pursue a career in law enforcement.” In 2000, she decided to go to law school and set off across the country to attend USD School of Law. “The law school’s stel- lar reputation coupled with the convenience of USD to the area bases make it an excellent choice for military personnel,” she says. “Military support was nearby, and I was always guaranteed a sum- mer internship. Plus, there is the pure beauty of the campus. I was lucky to attend USD Law.” Hudspeth describes serving as chair of the law school’s moot court board as an outstanding experience, recalling that the competitions were a highlight of her law school years. “I learned hands-on advocacy. It took law out of the realm of theory.”

She recalls how her professors often described the poor qual- all ity of briefs they saw from attorneys in the field compared with the H

high-level writing they demanded from students. “I always kept that anders S

20 | Fall 2013 The law school From left: Robert F. Muth, Veterans Legal Clinic is an supervising attorney, and Patrick Uetz, director of the Initiative to Protect excellent choice Student Veterans. for military personnel. New Initiative to Aid Military

in the back of my mind,” she says. “I didn’t want to become one of Veterans those attorneys.” Even today, Hudspeth still thinks about her profes- sors and how they would view the quality of her work. USD School of Law strives to develop resources After graduating in 2003 with a JD degree, Hudspeth served and clinics that will make it possible for stu- as an attorney at nearby Camp Pendleton. Before long, she was dents to give back to the community—and with deployed to Iraq, where she worked for Iraq’s Central Criminal San Diego County’s estimated veteran popu- Court handling cases involving terrorist threats, and for the lation of 250,000 and more than 2 million embassy in Baghdad, where her team juggled hundreds of cases. veterans living in California—there is no doubt Her husband, a Marine infantry officer on active duty, remained that many will benefit from the Initiative to home in the states with their infant daughter. Protect Student Veterans. After six months in Iraq, Hudspeth returned to the United Launched in August 2012, the initiative— States and earned an LLM degree at the Judge Advocate General’s the first of its kind in the nation— joins the (JAG) Legal Center and School in Charlottesville, Va. With a hus- efforts of military leaders and elected officials band and two kids in tow, she returned to North Carolina in 2008 to educate and protect veterans from the often with an assignment to work on federal employment law cases for misleading practices of many for-profit schools the Eastern Area Counsel office. In 2011, she returned to criminal and lenders. Under the direction of Patrick Uetz, law, becoming a judge in the Navy-Marine Corps Trial Judiciary in ‘93 (LLM), a retired colonel and judge advocate the Eastern Judicial Circuit. “The Marines want you to be well- in the U.S. Marine Corps, the initiative takes a rounded,” Hudspeth explains. “You’re not on a track. They want multipronged approach, focusing on research, you to be a jack-of-all-trades.” advocacy and providing free legal services Handling criminal and court martial cases has always been a through the Veterans Legal Clinic. The initiative favorite assignment for Hudspeth. “I was born for it,” she says. advocates on both the state and national levels Eligible to retire from the Marines next year, Hudspeth is to educate legislators and policymakers, raise considering her options. Her husband was recently granted a awareness of issues related to veterans’ educa- tion, and propose changes in current laws and

ani promotion, so she is unsure where they will be stationed. But no matter where they end up, Hudspeth knows she will “do law for- regulations to prevent future abuses. ant o

M ever,” she says. “I want to stay in the courtroom. I’m a litigator.” continued on page 23 im T

USD school of law | 21 Christopher Shaw ’09 (LLM)

Applying an international perspective to military law

As a Marine lawyer and former infantry officer, Legal Team Echo, the busiest military trial team in the Christopher Shaw likes to say that he has been “trained Department of Defense. During this time, he was also to use both the pen and the sword.” But his experiences deployed for 13 months in Iraq, working on detention serving the United States, both at home and abroad, have operations and criminal cases, and helping Iraqis follow taught him an invaluable lesson about which is mightier. the rule of law. “The pen,” he says, “when honed by rigorous legal study, is It was then that Shaw, who had always been interested not only the strongest spear but also the strongest shield.” in government and politics, decided to pursue a master’s He came to this realization after attending the U.S. in international law at USD School of Law. “I thoroughly Naval Academy and Boston College Law School, where he enjoyed the experience” he recalls, “mainly because of the ani graduated in 2004. As a new lawyer, Shaw was assigned students, faculty and facilities. Everyone was very welcom- ant o

to Camp Pendleton, where he served as a prosecutor with ing to a military member.” M im T A22 | Fall 2013 I used a lot of the continued from page 21 international Law school Professor Robert Fellmeth’s long-established efforts and success in law experience increasing consumer protection through regu- latory reform also provided a ready framework I gained at USD. to assist the initiative. He coordinated col- laborative efforts among longtime consumer protection partners leading to coalitionlike Professor Jorge Vargas, in particular, encouraged Shaw to write a support. This provides the opportunity to now scholarly paper, “The International Proscription Against Torture and champion changes in regulations to provide the United States’ Categorical and Qualified Responses,” which was student veterans with accurate and transpar- published in 2009 by the Boston College International and Comparative ent information, increasing their ability to Law Review. “Professor Vargas pushed me to greater academic pur- make well-informed choices about using their suits,” Shaw recalls. GI Bill benefits. After earning his LLM degree in 2009, Shaw served in the U.S. The initiative also conducts research studies Marine Corps Forces, Pacific, as the deputy staff judge advocate. aimed at identifying and documenting institu- He was later promoted to lieutenant colonel and advised the com- tional practices as well as veterans’ experiences manding general on legal issues related to the employment of more in the for-profit and post-secondary sectors. than 74,000 Marines and sailors from Arizona to India. Shaw also Led by supervising attorney Robert F. instructed senior military officers at international conferences and Muth—also a Marine Corps veteran—and bilateral engagements on international human rights law and the operated by upper-level USD School of Law law of armed conflict. In that role, he says, “I used a lot of the inter- student interns who work under the supervi- national law experience I gained at USD.” sion of the clinic’s staff attorneys, the Veterans Last year, Shaw was assigned to Marine Corps Base Quantico Legal Clinic provides free legal assistance to as the staff judge advocate. In this role, he advises the commander veterans and military family members in dis- on all tenant commands, including military justice, fiscal law and putes with for-profit institutions over the use administrative law matters. He also supervises a team of six attorneys of GI Bill funds and related loans. If veterans and paralegals. Recently, he was selected to serve as the secretary of have been defrauded of their benefits or mis- the Navy’s special assistant for legislative and legal matters. led, the clinic can sue on their behalf or handle Without question, Shaw says, the alternative dispute resolution cases through alternative dispute resolution. and the international human rights courses he took at USD School The clinic also offers free legal advice, includ- of Law profoundly influenced his practice. “The classes were fasci- ing assistance in navigating a school’s contract nating, and I gained a keen understanding of cultural and gender before signing on the dotted line. The Veterans differences in how we approach problems. We are all looking for Legal Clinic is one of USD School of Law's security, fairness, opportunities and getting to yes,” says Shaw. 11 legal clinics, which are devoted to both “I draw on what I learned at USD today when I interact not only training law students through hands-on legal with the people I work with, but also in cross-cultural negotiation. experience and providing free legal services The courses I took there were incredibly powerful.” to the community.

USD school of law | 23 I prayJ theeusti do ce

In a stirring address to the class of 2013, Justice Michael J. Streit, ’75 (JD), encouraged the new graduates to uphold the Constitution without fear, favor or hope of reward

24 | Fall 2013 JusticeTo All

ER CK N DEN ALA niversity of San Diego School of Law alumnus, 2012 recipient of the John F. Kennedy Profile in Courage Award and former Iowa USupreme Court Associate Justice Michael J. Streit, ’75, addressed graduates at the 56th Conferral of Law Degrees on Saturday, May 18, 2013, at the University of San Diego’s Jenny Craig Pavilion. Justice Streit offered his congratulations and urged the new graduates to be the force—the hope of our people—to understand and support the rule of law in our system of justice. Justice Streit opened his address with a story about Iowa Judge Charles Clark Bradley, who served at a time when the Great Depression and the agricultural damage caused by the Dust Bowl were driving farmers throughout the Midwest into foreclosure. In April 1933, a crowd of nearly 100 farmers stormed into the Plymouth County Courthouse and demanded that Judge Bradley stop signing decker foreclosure actions. The judge refused, stating that he had to follow the law alan according to his oath of office. Outraged at his refusal to waive these foreclosures, the farmers dragged him into the square, where the judge again refused to abandon his oath. So the farmers threw him into the back of a truck and took him to the outskirts of town, where the judge was blindfolded, smeared with axle grease and forced into a noose. The farmers then tossed the noose over an electric pole and lifted him up off the ground. They lowered him and then asked the judge to pray. “I do that gladly,” he replied. “Oh Lord, I pray thee do justice to all men.” Interpreting his prayer as sarcasm, they lifted Judge Bradley off the ground again. Luckily a newspaper reporter stepped in and warned the mob that going any further would be murder. The judge was released. The next day, Judge Bradley wasn’t on the bench, but another judge was there to carry out the rule of law. “Bradley could not have done more to uphold our court system, a system of justice that you graduates now join,” stated Justice Streit. Nearly 80 years later, Justice Streit faced a different type of mob in his own efforts to uphold the rule of law. In November 2010, Justice Streit and two fellow Iowa Supreme Court justices were dismissed by Iowa voters for their unanimous decision in Varnum v. Brien to strike down a statutory same-sex marriage ban as unconstitutional in the state of Iowa. The judges knew that their decision would be unpopular with some people and understood that they could lose their jobs because of their vote. “But we took an oath of office, promising to uphold the Constitution without fear, favor or hope of reward. And that is what we did.”

26 | Fall 2013 Left: Justice Michael J. Streit and Dean Stephen C. Ferruolo. Above: USD President Dr. Mary E. Lyons. Above right: Professor Laurence Claus accepting the Thornes Award for Excellence for Outstanding Legal Scholarship. Below: Graduates celebrate.

We only In May 2012, Caroline Kennedy presented Justice Streit and two fellow former justices with the John F. Kennedy Profile in Courage Award. The award is given wanted to to public servants who have made courageous decisions of conscience without do our job to regard for the personal or professional consequences. “The Profile in Courage Award was unexpected because when we cast our protect the votes in the marriage equality case, we weren’t thinking about being courageous. equal rights We only wanted to do our job to protect the equal rights of all people.” of all people. Today, Justice Streit is of counsel in the litigation, dispute resolution and investigations practice areas at the Des Moines, Iowa, office of Ahlers & Cooney PC. Justice Streit concluded his address by laying out how our founding fathers wisely created a government based on the rule of law, but warned that the rule of law cannot exist without judicial independence. “Judicial independence does not give judges the freedom to rule as they want or they wish,” he said. “It gives them the freedom to rule as they must.” The preservation of our system of fair and impartial justice is not solely the responsibility of judges, but of all citizens, especially lawyers. “To do otherwise weakens the ability of our courts to uphold the rule of law, to protect social, political, economic and civil rights of all citizens, not just those of the most vociferous, the most popular, the most organized and the most powerful.” At the end of the day, Justice Streit suggested, the debate about controversial court decisions and the people who make them boils down to a simple question: What kind of court system do Americans want—a court system that issues rulings based on public opinion polls, campaign contributions and political intimidation, or a court system that issues impartial rulings based upon the rule of law? “Remember what Judge Bradley said just before he was pulled up by a noose around his neck. ‘Oh Lord, I pray thee do justice to all.’” faculty footnotes

From publishing scholarly articles and books to organizing conferences, the USD School of Law faculty is committed to advancing the study and practice of law. In these pages, learn how our professors are impacting law at national and global levels.

Larry Alexander Reason: The Jurisprudence of Robert Alexy (Klatt, ed.) O( xford University Larry Alexander’s book chapter Press, 2012). “Voluntary Enslavement” was published Alexander published numerous in Paternalism: Theory and Practice articles, including “Other People’s (Coons and Weber, eds.) (Cambridge Errors” in Ethical Theory and Moral University Press, 2013). Other book Practice (January 2013); “You Got What chapters published include “Reply: You Deserved” 6 Criminal Law and Fletcher on The Fault of Not Knowing” Philosophy (June 2012); “Danger: The in Fletcher’s Essays on Criminal Law Ethics of Preemptive Action” in 9 Ohio (with Ferzan) (Christopher, ed.) State Journal of Criminal Law 637 (with (Oxford University Press, 2013); “Self- Ferzan) (2012); “The Method of Text Defense” in The Routledge Companion and ?: Jack Balkin’s Originalism with to Philosophy of Law (Marmor, ed.) No Regrets” in Illinois Law Review 611 (Routledge, 2012); “Risk and Inchoate (2012); and “What’s Inside and Outside Crimes: Retribution or Prevention?” the Law?” in 31 Law & Philosophy 213 in Seeking Security: Pre-Empting the (2012). His forthcoming articles include Commission of Criminal Harms 103 “What Are Principles and Do They (with Ferzan) (Sullivan et al., eds.) (Hart Exist?” (forthcoming 2014); “Recipe for a Publishing Ltd., 2012); “Precedential Theory of Self-Defense: The Ingredients Constraint, Its Scope and Strength: A and Some Cooking Suggestions” (forth- Brief Survey of the Possibilities and Their coming 2014); “The Means Principle” in Merits” in On the Philosophy of Precedent Criminal Law & Philosophy (forthcom- (Bustamente et al., eds.) (2012); and ing 2014); “The Objectivity of Morality, “Legal Objectivity and the Illusion of Rules and Law: A Conceptual Map” Legal Principles” in Institutionalized in Alabama Law Review (forthcoming

28 | Fall 2013 In the News: On June 24, 2013, Professor of Law

2013); “Originalism, the Why and the Commissioner” in 40 American Bar Gail Heriot, a What” in 82 Fordham Law Review (forth- Association Preview of United States member of the coming 2013); “Redish on Freedom of Supreme Court Cases 201 (with Darnell) U.S. Commission Speech” in 107 Northwestern University (2013); “Explanation of the Anti- on Civil Rights, Law Review (forthcoming 2013); “The Injunction Act Issue in HHS v. Florida appeared on PBS Ontology of Consent” in Analytic (Affordable Care Act Litigation)” in Philosophy (forthcoming 2013); “Yaffe 39 American Bar Association Preview NewsHour to dis- on Attempts” in Legal Theory (forth- of United States Supreme Court Cases cuss the Supreme coming 2013); and “Disparate Impact: 15 (with Camp) (2012); and “Is the Court’s decision Fairness or Efficiency” in 50 San Diego Individual Mandate Really Mandatory?” in on Fisher v. Law Review (forthcoming 2013). 135 Tax Notes 1633 (with Camp) (2012). University of Texas. Alexander attended confer- Barry delivered presentations includ- ences as a presenter and participant ing “On Derivatives Markets and Social In a 7-1 vote, the including Analytic Legal Philosophy Welfare: A Theory of Empty Voting and justices remanded Conference, New Haven, Conn. (April Hidden Ownership” at William and the case to the 2012); Conference on the Philosophical Mary School of Law (January 2013) Fifth Circuit, Foundations of Intellectual Property, and University of San Diego School rather than rul- San Diego (May 2012); Southeastern of Law (May 2012); “Moral Coaxing” Association of Law Schools Conference, at the 16th Annual Conference of ing on whether Amelia Island, Fla. (August 2012); the International Society for New affirmative-action Roundtable on Federalism and Institutional Economics, University of policies at pub- Secession, San Diego (September 2012); Southern California Law School (June lic colleges are Conference on Freedom of the Church, 2012); “Electing Simplicity” at the unconstitutional. San Diego (October 2012); Conference annual meeting of the Law and Society on the Philosophical Foundations of the Association (June 2012); “The Law and Heriot discussed Law of Torts, Camden, N.J. (November Economics of Campaign Contributions” recent research 2012); Roundtable on Theories of at Arizona State University Legal Scholars and public opin- Complicity, San Diego (February Conference (March 2012); and “Young ions on the value 2013); Originalism Works-in-Progress Leadership Panel” at the International of racial prefer- Conference, San Diego (February 2013); Youth Fellowship World Camp (August and Conference on The New Originalism 2012). Barry was a panelist at ClassCrits ences in college in Constitutional Law, New York, N.Y. V at University of Wisconsin Law admissions, (March 2013). School (November 2012) and at the echoing the con- International Tax Policy Roundtable at curring opinion Jordan Barry the Annual Meeting of the California Tax written by Justice Bar and California Tax Policy Conference Jordan Barry published three articles, (November 2012). Thomas. “Explanation of PPL Corporation v.

USD school of law | 29 In the News: In a May 9, 2013 post by Paul

Caron on the Abraham Bell in Translation” to the Property Works- TaxProf Blog, in-Progress Conference at Fordham Abraham Bell’s book chapter “Property USD School of University Law School (May 2012) Law” was published in The Economic and at the Third Annual Meeting of Law ranks 23rd Approach to Law (with Parchomovsky) the Association for Law, Property and worldwide in (Procaccia, ed., in Hebrew) (Stanford Society at Georgetown University Law University Press, 2012), and his position all-time faculty Center (March 2012). downloads paper “Reinvigorating the Discussion of Israel’s Rights in the West Bank” on the Social Laura Berend appeared as BESA Center Perspectives Sciences Research Paper No. 176 (2012). His forthcom- Laura Berend published the teacher’s Network (SSRN). ing articles for 2013 include “Economic manual for Criminal Litigation in In addition to its Analysis of the Law of Territorial Action, 2nd Ed. (with Ramirez) (Carolina placement among Sovereignty” in Research Handbook on Academic Press, 2012). the top 25 in the Economics of Public International Law Berend’s professional activities (Kontorovich, ed.) (forthcoming 2013) included event coordinator for Science the latest SSRN and “Property Lost in Translation” in 80 or Schmience: You Be the Judge at the world law school University of Chicago Law Review (with University of San Diego (January 2013) faculty rank- Parchomovsky) (forthcoming 2013). and event coordinator and co-moderator ings, USD ranks Bell presented “The Case Against for Sentencing in a New Age at the 21st in all-time Tit-for-Tat Proportionality” at the University of San Diego (January 2012). American Society of International Law Berend also supervises a legal clinic for SSRN downloads Mid-Year Conference at University of the chronically homeless at the First among American Georgia Law School (October 2012); United Methodist Church in Pacific Bar Association “The International Laws of Terrorism Beach, which offers dinners and com- (ABA)-accredited and the Arab States” at the Fifth munity resources through the Welcome law schools and Annual Association for the Student Door Foundation. of Middle East and Africa Conference fifth among in Washington, D.C. (October 2012); Roy L. Brooks California law “Toward a Theory of State-Owned Roy L. Brooks published Structures of Property” at the 16th Annual Conference schools—behind Judicial Decision Making from Legal of the International Society for New only Stanford, Formalism to Critical Theory, 2nd Ed. Institutional Economics at University UC Berkeley, (Carolina Academic Press, 2012) and The of Southern California (June 2012); Law of Discrimination (supplement) (with UCLA and USC. “The Problem of State-Owned Land” Carrasco and Selmi) (LexisNexis, 2012). at the conference Israel as a Nation Brooks delivered numerous pre- State at Bar Ilan University Faculty of sentations, including “A Demographic Law (May 2012); and “Property Lost

30 | Fall 2013 faculty footnotes )

Culture of Post-Racial America” at the recent conference presentations include New Mexico Court of Appeals Library “U.S. DHHS Enforcement of Child Welfare in Albuquerque, N.M. (October 2012) Standards” at the National Association and “The New Civil Rights Scholarship: of Counsel for Children, Chicago (with Focusing Less on Discrimination and Harfeld and Riehl) (August 2012) and More on Subordination” at Maryville “Training Social Workers for Thorny University (April 2012). Legal Concepts: 4th Amendment Joint Investigations” at American Association Karen Burke of Public Welfare Attorneys, San Diego (with Seiser) (September 2012). Karen Burke published Federal Income Fellmeth is involved in two ongo- Taxation of Partners and Partnerships, ing cases: Butterfield v. Lightbourne 4th Ed. (West Group, 2013). Burke in San Diego Superior County Court presented the article “Passthrough (37-2011-00097858CUMCCTL) Entities: The Missing Link in Business Tax Reform” at Pepperdine University Law School (January 2013). The article will be published in 40 Pepperdine Law Professor Jordan Barry Interviewed Review (forthcoming 2013). on Radio and TV About San Diego’s

Laurence Claus Tourism Tax

Laurence Claus published Law’s n November 27, 2012, Professor Jordan Barry appeared Evolution and Human Understanding Oon KPBS-FM “Midday Edition” and KPBS-TV “Evening (Oxford University Press, 2012). Claus Edition” to discuss recent changes to San Diego’s tourism tax. was named University Professor at USD At issue were the legality and merits of a 2 percent tax charge to for 2013. San Diego hotel guests that would finance the city’s tourism pro- motion. Funds raised would be managed by individual hotels, Robert Fellmeth which could set a precedent of private individuals determining Robert Fellmeth’s article “Victims of tax rates without oversight or accountability. The designation of Corporate Crime Compensation” con- tax funds to private entities raised many concerns. cerning SB 2015 and other changes to “Normally we have a vote of the people or elected representa- this compensation fund, which has been tives to decide these things. Some people are very nervous about a subject of controversy, was published the idea that private companies can set tax rates,” said Barry dur- by Lexis in March 2013. The article is ing the KPBS interview. “[In] this election that the hoteliers had, linked to the statute in Lexis as part of it’s not even clear exactly how many votes each hotel had, so it’s a the recently created Research Solutions lot of concern about power being allocated in private hands.” scholarly comment system. Fellmeth’s

USD school of law | 31 ( faculty footnotes

challenging the Department of Social retransmission as it decides—without Services Regulations to implement SB effective prior consent from either the 39—a bill sponsored by the Children’s child or his/her parent. Fellmeth also Advocacy Institute—as unlawfully published an op-ed in the San Diego restricting disclosure of child abuse Union-Tribune, “California Falls Behind in deaths contrary to the statute’s Child-Abuse Death Disclosure” (May 30, intent, and Fraley v. Facebook, the San 2012) and is now working on the fourth Francisco Federal District Court case (CV edition of California White Collar Crime 11-01726) (July 12, 2012) objecting to (with Papageorge) (Tower Publishing, a proposed settlement that would allow forthcoming 2014). Facebook to expropriate child postings and photos for its commercial use and Ralph Folsom

Ralph Folsom authored or co-authored books and shorter works, including International Business Transactions Professor David Brennan Helps Mexican (IBT): A Problem Oriented Casebook, Law Schools Create New Programs 11th Ed. (West, 2012); IBT: Contracting Across Borders, 2nd Ed. (West, 2012); rofessor David Brennan continued his work with four Baja IBT: Foreign Investment, 2nd Ed. PCalifornia law schools to implement two programs for (West, 2012); IBT: Trade and Economic Mexican law students: a series of courses called the “Academy” Relations, 2nd Ed. (West, 2005); “The that prepare students for the legal realities of the new Mexican History of Growth of the European criminal justice system in Baja California, and the Universidad Union: Part One” USD Legal Studies Autónoma de Baja California (UABC) Clinical Intern Program Research Paper Series, No. 12-089 that places students in legal offices throughout Mexicali for (July 2012); International Trade and school credit. Economic Relations in a Nutshell, 5th “These programs enable the Baja California law school Ed. (West, 2012); International Business students to actually experience a new level of skills training Transactions in a Nutshell, 9th Ed. that will be required for future participation in their reformed (West, 2012); International Business criminal justice system,” said Brennan. Transactions Practitioner Treatise, 2012– Academy students were handpicked from four participating 13, 3rd Ed. (Thomson Reuters, 2012). law schools—UABC in Mexicali, Tijuana and Ensenada as well Folsom‘s 2012 treatise supplements as University Ibero-American. Training was provided to develop include State Antitrust Law (Matthew the students’ skills in making opening and closing statements, Bender, two volumes) and five volumes conducting direct and cross examinations, using experts, learn- in the Connecticut Estates Practice Series ing trial strategies and understanding practices that are part of (Thomson Reuters, 2012). the new trial system.

32 | Fall 2013 In the News: In January 2013, Frank Partnoy,

Karl T. Gruben of the Thirteenth Amendment, Hate George E. Barrett Crimes Legislation, and Academia’s Professor of Law Karl T. Gruben has a forthcoming article, Favorite New Vehicle for the Expansion and Finance and “Working at the Law Library: A Practical of Federal Power” in 13:3 Engage (with Guide” in Law Librarianship in the 21st co-director of Somin) (October 2012); online Fisher Century (Scarecrow Press, forthcoming the Center for symposium: “Is the era of race-prefer- November 2013). Gruben served as a ential admissions drawing to a close?” in Corporate and panelist at Finding the Future: Position SCOTUSBlog (with Eastman) (September Securities Law, Your Organization for Long-term Viability 5, 2012). Professor Heriot delivered a co-authored a at the American Association of Law commissioner statement in the U.S. Libraries and presented his paper “Roller cover story in Commission on Civil Rights report Coaster Planning” (July 2012). the January/ titled “School Discipline and Disparate Impact” (April 2012). Heriot was a February issue Walter Heiser presenter and roundtable participant at of The Atlantic Walter Heiser published the third edition conferences, including Civil Rights: Who magazine with of his casebook California Civil Procedure Benefits from Affirmative Action and Pulitzer Prize- (LexisNexis, 2012) and his book Race and Gender Consciousness? at the winning reporter Understanding Civil Procedure–California National Lawyers Conference, Federalist Edition (with Raven-Hansen and Society, Washington, D.C. (November Jesse Eisinger. Gardner) (LexisNexis, 2013). Heiser’s 2012); Colloquium: Liberty and the “What’s Inside recently published articles include “Can Logical Foundations of Constitutional America’s Banks?” the Tolling of Statutes of Limitations Democracy: James Buchanan’s The summarizes an Based on the Defendant’s Absence for Calculus of Consent after Fifty Years in investigation the State Ever Be Consistent with the Charlottesville, N.C. (September 2012); Commerce Clause?” in 76 Missouri Law and Colloquium: Liberty, Responsibility of the financial Review 385 (2011) and “Using Anti- & the Legal Profession in Los Angeles statements of Suit Injunctions to Prevent Interdictory (February 2012). Wells Fargo Bank Actions and to Enforce Choice of Court to gauge whether Agreements” 2011 Utah Law Review Paul Horton it is possible to (2012). Heiser also was named USD Paul Horton created the follow- School of Law Class of 1975 Endowed make informed ing unpublished course materials: Professor in 2013. judgments about “Trademarks 2012: Lectures and the financial risks Supplemental Readings,” 8th Ed. and Gail Heriot “Business Torts: Course Materials on a bank may carry. Gail Heriot published “The Sad Irony of Commercial Litigation” (2012). Affirmative Action” in 14 National Affairs (2013); “Sleeping Giant?: Section Two

USD school of law | 33 William Lawrence Prevention: How Behavioral Research at Seton Hall (February 2013); and Informs Policy Design” at Citizen “Whistleblowing and Privatization” at William Lawrence published Employees: Whistleblowers and the Israeli Law and Society Conference Understanding Secured Transactions, Other Employees Acting in the Public (December 2012). 5th Ed. (with Henning and Interest, University of Houston School Freyermuth) (LexisNexis, 2012). of Law (March 2012); “Comparative Miranda McGowan Administrative Law in Asia” at the Orly Lobel Miranda McGowan has a forthcoming Sinica Institute in Taipei (August article “Lifting the Veil on Rigorous Orly Lobel is working on the comple- 2012); “The Talent Pool: Human Rational Basis Scrutiny” in 97 tion of her book Talent Wants to Capital, Knowledge Creation, and Marquette Law Review (forthcoming be Free: Why We Should Learn to the Reach of Intellectual Property” 2013). Professor McGowan published Love Leaks, Raids and Free-Riding at the International Association “Defense Lawyer Tries out Freedom (Yale University Press, forthcoming for the Study of Commons confer- Argument” with her analysis in the San 2013). In addition, Lobel published ence at the Université Catholique de Diego Union-Tribune (March 2012). “The Talent Commons: Human Louvain, Belgium (September 2012) McGowan served as a panelist for The Capital Knowledge Creation and the and at the United Nations Industrial Health Care Cases: What Happens Reach of Intellectual Property” in Development Organization Networks Next? at the San Diego Lawyer’s International Journal of Commons for Prosperity Initiative (September Chapter of the American Constitution (2013); “Talent Wants to be Free: 2012); “Innovation Motivation” at Society, San Diego (July 2012). She Human Capital & Knowledge Flows” the Midwestern Law and Economics presented “Issues Facing Diverse in Networks for Prosperity: Connecting Conference at Washington University Women Lawyers” at The Lawyers Club, Development Knowledge Beyond (October 2012) and at a faculty work- San Diego (March 2012) and “The 2015 159 (United Nations Industrial shop, University of Denver (February Constitutionality of the Affordable Development Organization, 2012 2013); “Risk Management for the Care Act” at the University of San [special U.N. invitation]); “A Comment Future, Insurance and Consumer Diego Constitution Day, San Diego on Orin Kerr’s ‘A Theory of Law’: Law Section” at the Conference on (September 2012). McGowan also The Cognitive-Citation App™” in 16 Empirical Legal Studies at Stanford made numerous appearances on pro- Green Bag 213 (2012) and 2 Journal University (November 2012) and grams, including “The Supreme Court of Law; A Periodical Laboratory of at the Association of American Law Grants Cert. in Perry v. Hollingsworth Legal Scholarship 497 (2012). Her Schools (AALS) National Conference and Windsor v. United States” on article “Linking Prevention, Detection, (January 2013); “Human Capital Law” KUSI-TV, San Diego (December 7, and Whistleblowing: Principles at the Law and Economics Workshop 2012), and “The Dissents in the for Designing Effective Reporting at Tel Aviv University (December Health Care Cases” on KUSI-TV, Systems” will be published in 54 South 2012), the Law and Business Speakers San Diego (June 29, 2012). Texas Law Review (forthcoming 2013). Series at University of Colorado Lobel delivered presentations, (February 2013) and the Works- including “Linking Detection and in-Progress Intellectual Property

34 | Fall 2013 faculty footnotes )

John Minan University of San Diego (January 2013); the keynote address at the BrandFinance John (Jack) Minan updated his book, The India, India (January 2013); Little Green Book of Golf Law–The Real “Encumbered Shares in Context” at Rules of Golf, 2nd Ed. (2013). the American Bar Association Business Law Section fall meeting, Washington, Frank Partnoy D.C. (November 2012); “How Fast Is Frank Partnoy published various articles, Too Fast?: High Frequency Trading and including “What’s Inside America’s the Role of Delay” at the Liquidnet U.S. Banks?” in The Atlantic (January/February Conference, New Orleans (November 2013, cover story with Jesse Eisinger); 2012), the Liquidnet EMEA Conference, “Why a Long Presidential Race Is Good London (October 2012), the Council for Democracy” in the Washington Post for Institutional Investors conference, (October 5, 2012); “Should Lunch Breaks Seattle O( ctober 2012), and the PIRC Be Mandatory?” in BBC News Magazine Seminar, London (September 2012); (September 6, 2012); “Who Are the True Villains of the Stan Chart Tragedy?” in the Financial Times (August 8, 2012); “Make Banks Pay If They Cheat on Libor” in the Professor Miranda McGowan Publishes Financial Times (July 15, 2012); “Act Fast, but Not Necessarily First” in the Harvard Op-Ed on Obamacare in the San Diego Business Review (July 13, 2012); “Beyond Union-Tribune the Blink” in the New York Times (July 6, 2012); “Waiting Game” in the Financial n op-ed by Professor Miranda McGowan titled “Obamacare’s day Times (June 22, 2012); and “Rebuild Ain court: What kind of conservatism will win?” was published the Pillars of 1930s Wall Street” in the on March 28, 2012, by the San Diego Union-Tribune. The piece, which Financial Times (May 13, 2012). was published prior to the U.S. Supreme Court’s Obamacare ruling, Partnoy also attended numerous described the legal battle over the Affordable Care Act in terms of two conferences and presented “The Political differing views of what it means to be a conservative judge. Economy of Financial Regulation” at “The legal battle over health care reform is often portrayed as a George Washington University Law battle between liberals and conservatives. It is that, but the most tell- School (February 2013); “The Financial ing conflict is more likely to be between two different views of what it Industry: How Has It Performed means to be a conservative judge.” McGowan continued, “A lot turns Since 2008?” at the Directors Forum, on this case, but even more turns on what kind of conservatism the University of San Diego (January 2013); conservative justices decide to embrace.” “What to Expect in Litigation: 2013” In the op-ed, McGowan correctly predicted Chief Justice Roberts’ at the Directors Forum Pre-Session, reluctance to overrule federal law.

USD school of law | 35 In the News: In January 2013, USD’s

Don Weckstein “Financial Innovation and Law” at the Jean Ramirez Professor of Labor Kauffman Conference, Laguna Niguel, Jean Ramirez published Criminal and Employment Calif. (July 2012); “The Future of Finance” Litigation in Action, 2nd Ed. (with at the Osher Lifelong Learning Institute, Law Orly Lobel Berend) (Carolina Academic Press, University of California, San Diego (May was named one of 2012). Ramirez also served on various 2012); and “Lawyers and Delay” at the committees, including Il Curriculum “The 50 Sharpest Association of Business Trial Lawyers, Review (2012–2013); Law School Space Minds of Israel” San Diego (April 2012). Planning Taskforce (2011–2013); and by The Marker Partnoy presented “Wait: The Art the Institutional Review Board—ad hoc and Science of Delay” around the world Magazine, Israel’s consultant regarding prisoner-related at investment conferences in Sweden, leading business research in 2012 and 2013. Norway and Denmark (January 2013); journal. Featured University of San Diego Student Affairs Lisa Ramsey in the maga- Development (December 2012); zine’s January Sempra, San Diego (December 2012); Lisa Ramsey attended several confer- 2013 issue, Lobel Thomas Jefferson Law School O( ctober ences in 2012 where she presented “An discussed her 2012); Southern Festival of Books, Impersonation Theory of Trademark Nashville, Tenn. (October 2012); Say: Law” at the Works-In-Progress career choice, Create Conference, Carmel, Calif. Intellectual Property Law Colloquium, connections to (September 2012); Google, Mountain University of Houston (February 2012); Israel, upcoming View, Calif. (August 2012); STAR, La the Second Internet Law Works-in- book and current Jolla, Calif. (July 2012); Warwick’s, La Progress Symposium, New York Law research. Jolla, Calif. (July 2012); USD Executive School (March 2012); the Intellectual Leadership Program, San Diego (July Property Scholars Conference at 2012); Town Hall, Seattle (July 2012); Stanford Law School (August 2012); Securities and Exchange Commission, and the Intellectual Property Scholars Washington, D.C. (July 2012); Royal Roundtable on intellectual property Society for the Arts, London (July and the Constitution, University of New 2012); Behavior Decision Research in Hampshire (September 2012). Ramsey Management conference, Boulder, Colo. also presented “Mechanisms for Limiting (June 2012); ProPublica, New York (June Trade Mark Rights to Further Competition 2012); Council on Foreign Relations, and Free Speech” at the International New York (June 2012); and the Directors Intellectual Property Scholars College at Boston College Law School, Roundtable, Marquette University Law Boston (June 2012). School (April 2012) and the Trademark Works-in-Progress Colloquium, American University Washington College of Law

36 | Fall 2013 faculty footnotes )

(September 2012). Ramsey also gave Maimon Schwarzschild lectures titled the “Trademark Year in Maimon Schwarzschild’s forthcom- Review” at the Los Angeles Intellectual ing articles include “A Class Act? Social Property Law Association Spring Seminar Class Affirmative Action and Higher (June 2012) and “Trademark Defenses Education” in 50 San Diego Law Review in the Internet Domain Name Space” at (forthcoming 2013); “How Much the Conference on International Aspects Autonomy Do You Want?” in Journal of Intellectual Property Law at Arizona of Contemporary Legal Issues (forth- State University (November 2012). She coming 2013) and in the symposium is currently the chair of the law school’s issue of Freedom of the Church and curriculum committee. published in a slightly different form in 14 Conversations 32. Schwarzschild Michael Ramsey was a presenter at the Conference on Michael Ramsey published “American the Ethics of Secrecy, University of Federalism and the Tragedy of Gonzales Pennsylvania Law School (May 2012) v. Raich” in 31 University of Queensland and at the Conference on the Competing Law Journal 203 (2012) and co-authored “Foreword: After Kiobel: International Human Rights Litigation in State Courts under State Law” in 3 UC Irvine Law Criminal Procedure Expert Yale Review 1 (with Whytock and Childress III) (2013). Kamisar Named Professor Emeritus

nown as the “Father of Miranda,” retired Professor Yale Michael B. Rappaport KKamisar was named Professor of Law Emeritus in 2012, as Michael B. Rappaport will publish voted by the law school’s faculty and approved by the universi- “Originalism and the Colorblind ty’s Board of Trustees. Kamisar joined the school of law in 2002, Constitution” in Notre Dame Law where he taught and wrote in the areas of criminal procedure, Review (forthcoming 2013). His book, criminal law and the administration of criminal justice before Originalism and the Good Constitution his retirement in 2011. (with McGinnis) will be published by Kamisar is one of the nation’s foremost authorities on Harvard University Press (forthcoming criminal procedure, having written a large number of the 2013). Recently, Rappaport spoke on seminal articles and texts on the subject, many of which have “Originalism and Affirmative Action” been quoted or cited by the U.S. Supreme Court. He is also the at the Constitutional Law Colloquium, Clarence Darrow Distinguished University Professor of Law Georgetown Law School and University Emeritus at the University of Michigan Law School, where he of Kent at Canterbury in England. began teaching in 1965.

USD school of law | 37 ( faculty footnotes

Claims of Law and Religion: Who Should TheContested Contours of IP (Dreyfuss, Influence Whom?, Pepperdine University Ginsburg and Rose, eds.) (forthcoming School of Law (February 2012). In 2013); “Startups & The Patent System: A addition, Schwartzschild was visit- Narrative” in Law & Society Perspectives ing professor of law at the University in Intellectual Property (Halbert and of Paris/Sorbonne in December 2012, Gallagher, eds.) (forthcoming 2013); teaching a course on the American con- and “The Vonage Trilogy: A Case Study stitutional system. in ‘Patent Bullying’” in Perspectives on Patentable Subject Matter (Abramowicz, Ted Sichelman Duffy and Kieff, eds.) (forthcoming 2013). Ted Sichelman’s forthcoming book Professor Sichelman published chapters include “Funk Forward” “Patents as Promoters of Competition: in Intellectual Property at the Edge: The Guild Origins of Patent Law in the Venetian Republic” in 49 San Diego Law Review 1267 (with O’Connor) Professor Frank Partnoy Acclaimed (2012); “Paving the Path to Accurately Predicting Legal Outcomes: A Comment for Recent Book on Decision Making on Professor Chien’s Predicting Patent Litigation” in 90 Texas Law Review 97 rofessor Frank Partnoy released his book Wait: The Art (with Kesan and Schwartz) (2012); “High and Science of Delay (PublicAffairs, 2012) in June 2012 to P Court Case Could Change IP Litigation widespread praise and national press coverage, including an Strategies” in Daily Journal (November appearance on CBS This Morning. The book weaves together 2012); and “5 Things to Do Before the hundreds of studies in fields ranging from neuroscience and New Patent Law Takes Full Effect” in psychology to finance and law, developing a picture of deci- Xconomy (May 2, 2012). Sichelman sion making with a surprising conclusion: Slowing down our also has an article, “Enforcement as response time when making almost any decision consistently Substance in Tax Compliance,” in 70 yields better results. Washington and Lee Law Review (with Partnoy’s national media appearances continued when on Lederman) (forthcoming 2013). October 22, 2012, 60 Minutes producers turned to him when Sichelman presented “Purging Goldman Sachs would not speak on camera about former Patent Law of Private Law Remedies” Goldman Sachs investment banker Greg Smith’s new book titled at the University of California, Los Why I Left Goldman Sachs: A Wall Street Story. When asked by host Angeles, Entertainment, Media and Anderson Cooper if he felt Goldman Sachs has ethical business Intellectual Property colloquium work- practices, Partnoy responded, “Wall Street ethics is a sort of ani shop, UCLA School of Law (November oxymoron, but you can trust Goldman Sachs more than just ant o 2012); Solutions to the Software Patent M im

about anyone else.” T

38 | Fall 2013 Problem conference, Santa Clara Jordan Barry); “The Transition from and Genetic Diagnostic Testing at University School of Law (November First to Invent to First Inventor to File” the University of San Diego School 2012); IP In the Trees speaker series, at the Intellectual Property Counsel of Law (March 2012) and the AIPLA Lewis & Clark School of Law (January Forum, San Jose, Calif. (March 2012); Electronic and Computer Patent Law 2012); DePaul University College of “High Technology Entrepreneurs Summit, University of San Diego Law (February 2013); Washington and the Patent System: Results of School of Law (April 2012). University School of Law (February the 2008 Berkeley Patent Survey” at 2013); and The Future of Patent the American Intellectual Property Steven Smith Remedies conference, University of Law Association (AIPLA) Electronic Steven Smith published the chapter San Diego School of Law (January and Computer Patent Law Summit, “That Old-Time Originalism” in The 2013). Sichelman presented “Patents University of San Diego School of Law Challenge of Originalism: Essays in as Promoters of Competition: The (April 2012); “Funk Brothers’ Myriad Constitutional Theory (Huscroft, ed.) Guild Origins of Patent Law in the Failures” at the Intellectual Property (Cambridge University Press, 2012). Venetian Republic” at the Foundation on the Edge conference, Columbia His book chapter “Religious Neutrality: of Intellectual Property conference, University School of Law (April 2012); Imperative and Impossible” will University of San Diego School of “A Panel Discussion Markets for Patent be published in Religious Diversity, Law (May 2012); the IP Scholars Scope” at Pat Con 2, Boston College Politics, and Law (Schilbrack, ed.) conference, Stanford Law School Law School (May 2012); “How the (Blackwell Series, forthcoming (August 2012); and Qualcomm New Patent Law Affects Engineers” at 2013). “The Constitution and the (November 2012). the San Diego Institute of Electrical Goods of Religion” was presented Sichelman also presented “Some and Electronics Engineers (IEEE) at the Conference on Dimensions of Reflections (and a Suggestion) on the (July 2012); “Intellectual Property Goodness, organized by Notre Dame’s America Invests Act” at the Second Rights” at the World Resources Sim Institute for Humane Studies, and Annual University of San Diego Center High Noon lunch series (August will be published with the conference School of Law Patent Law Conference 2012); “The Patent Wars” at the Osher proceedings (forthcoming 2013). (January 2012); “Communities of Institute, University of California, Professor Smith also published “Law Innovation: A Critique” at the Law & San Diego (August 2012); “Minding as Language” in 63 Mercer Law Review Entrepreneurship Retreat, Indiana Patent Infringement” at the Works- 891 (2012). University School of Law (February in-Progress in Intellectual Property 2012); “Third Party Participation in conference, Seton Hall Law School, Thomas Smith the America Invents Act” at the Patent Newark, N.J. (February 2013); and Office Visits San Diego conference, “The Mathematical Structure of Thomas Smith published “The Zynga University of San Diego School of Law the Law” at Harvard Law School Clawback: Shoring Up the Central Pillar (February 2012); “Moral Coaxing” (February 2013). of Innovation” in 53 Santa Clara Law at the International Conference on Sichelman was a co-organizer Review (forthcoming 2013). Contract Law, Thomas Jefferson School of the conference U.S. Patent & of Law (March 2012) (presented by Trademark Office Public Hearing

USD school of law | 39 ( faculty footnotes

Jorge A. Vargas

Jorge A. Vargas’ article “The 2012 U.S.- Mexico Agreement on Transboundary New Faculty Join USD Hydrocarbon Reservoirs in the Gulf of Mexico: A Blueprint for Progress or a his spring the law school confirmed the appointments Recipe for Conflict?” was published in T of seven tenured and tenure track faculty. The hires 14 San Diego International Law Journal include five highly regarded law professors and two junior 3 (2012). Other forthcoming publi- faculty members. “These appointments solidify the status of cations include “California Marina: our tax program and strengthen important parts of our core Myths, Explorers and Gray Whales”; curriculum,” said Dean Stephen C. Ferruolo. “International Civil Litigation between Howard Abrams (Emory University): Partnership and corporate Mexico and the United States”; and taxation and director of tax programs. “Introduction to Mexico’s Legal System.” Miranda Fleischer (University of Colorado): Individual taxation, federal estate and gift tax, and tax-exempt organizations. Mary Jo Wiggins Victor Fleischer (University of Colorado): Partnership and Mary Jo Wiggins had a transcript of her corporate taxation, deals, tax policy and private equity. March 2012 speech at the Business Dov Fox (Entry level): Biotechnology, bioethics and health law. Law Center’s Symposium on Business Adam Hirsch (Florida State): Wills and trusts, creditors’ rights and Commercial Law published in 39 and American legal history. Western State University Law Review. Dean Wiggins continued her service Sharmila Sohoni (Entry level): Civil procedure, administrative as vice dean of the law school. She was law and legislation. selected for “GROW USA,” a senior- Horacio Spector (Universidad Torcuato Di Tella, Buenos Aires): level leadership development program Legal theory, law and economics, and international law. for high-level university administra- tive talent who have demonstrated Dalton and Devitt Awarded Clinical Tenure the ability to exceed expectations and who have a reputation as a leader. She Effective September 2013, Professors Margaret Dalton and Michael served as faculty advisor and coach for Devitt will become tenured members of the full-time faculty. According the law school’s Duberstein Bankruptcy to Dean Ferruolo, “These promotions are well deserved and express the Moot Court team for the ninth con- faculty’s commitment to enhance and expand our already strong clinical secutive year. She also served on the and advocacy programs.” university-wide faculty development For more information about USD’s new and existing faculty, go to committee and the university-wide law.sandiego.edu/faculty. search committee for the associate provost for diversity and inclusion.

40 | Fall 2013 calendar

Visit the alumni calendar for a complete listing of events and registration information: law.sandiego.edu/alumni-events October 17 February 28–March 1 Washington, D.C. USD Law Alumni Event Institute for Law and Religion Conference Regional alumni events are regularly held in 6 – 8 p.m. Time TBA San Diego/North County, Los Angeles, Orange Location TBA Warren Hall County, San Francisco, Silicon Valley, Sacramento, Riverside/San Bernardino, Washington, D.C., October 24–25 MARCH 2014 New York, Phoenix, Las Vegas, Denver, Dallas, 9th Annual Procopio International Tax Houston, Boston, Chicago and Seattle. Law Institute March 24 Joan B. Kroc Institute for Peace & Justice Campus Visit Day Luncheon with Admitted Students SEPTEMBER 2013 NOVEMBER 2013 12 – 1:30 p.m. Hahn University Center Forum C September 5 November 3 Houston USD Law Alumni Happy Hour 5th Annual Climate and Energy Law APRIL 2014 6 – 8 p.m. Symposium Location TBA Time TBA April 7 Mother Rosalie Hill Hall September 6 Campus Visit Day Luncheon with Admitted Students USD in the Bay November 22 12 – 1:30 p.m. Time TBA Distinguished Alumni Awards Luncheon Hahn University Center Forum C Hotel Nikko 11:30 a.m. – 1:30 p.m. Westin Gaslamp Quarter September 11 April 10 San Diego USD Law Alumni Reception Dallas USD Alumni Happy Hour DECEMBER 2013 6 – 8 p.m. 6 – 8 p.m. La Gran Terraza Location TBA December TBA September 19 State Bar of California Swearing-In April 11 Los Angeles USD Alumni Networking Night Luncheon Center for the Study of Constitutional 6 – 8 p.m. 11 a.m. – 1 p.m. originalism Conference The Daily Grill Tom Ham’s Lighthouse Time TBA Warren Hall September 19 December 11 New York USD Alumni Lifelong Learning San Diego USD Law Alumni Holiday April 25 Event Happy Hour Campus Visit Day Luncheon with 6:30 – 9 p.m. 5:30 – 7:30 p.m. Admitted Students Cosmopolitan Club O’Toole’s 12 – 1:30 p.m. Hahn University Center Forum C September 28 JANUARY 2014 San Francisco Giants vs. San Diego Padres MAY 2014 Baseball Game & Pre-Game Party January 31 11 a.m. – 4 p.m. 4th Annual USD School of Law Patent May 16 Pete’s Tavern & AT&T Park Conference Graduation Mass Time TBA 4 p.m. OCTOBER 2013 Joan B. Kroc Institute for Peace & Justice Founders Chapel

October 4 FEBRUARY 2014 May 17 USD Law Alumni Milestone Reunions School of Law Commencement Classes of 1963, 1973, 1983, 1988 February 5 9 a.m. Various USD Campus Locations Careers in the Law Jenny Craig Pavilion 5:30 – 7:30 p.m. October 5 Warren Hall JUNE 2014 USD Law Alumni Milestone Reunions Classes of 1993, 2003, 2008, 2012 February 21–22 June TBA Various USD Campus Locations Hugh & Hazel Darling Foundation State Bar of California Swearing-In originalism Works-in-Progress Luncheon October 7 Conference 11 a.m. – 1 p.m. Red Mass Time TBA Bali Hai 6 – 8 p.m. Joan B. Kroc Institute for Peace & Justice Founders Chapel

USD school of law | 41 in memoriam Faculty Casil Hugh Friedman, a prominent San Diego business until his passing in January 2013. attorney, legal advocate and University of San Diego He had many publications and articles on education School of Law professor, passed away on January 29, 2013, and law, but perhaps his greatest contribution was his two- following a prolonged illness. He was 81. volume California Practice Guide: Corporations, which was “Hugh’s passing is a terrible loss both to USD School of published in 1984 and printed its 28th edition in 2012. It’s Law and the San Diego community,” considered a “standard desk reference for practitioners.”

said Dean Stephen C. Ferruolo. Friedman was active in the local community in lead- adres

“During his 55-year association ership and supporting roles at the American Red Cross, o P ieg with USD School of Law, Hugh was Boys Club of San Diego, Civic Light Opera Association, San an D beloved by his faculty colleagues Diego Hospice, American Heart Association and Eagle he S

and inspired generations of stu- Scouts Alumni Association. He also was part of a group /T dents. As a lawyer, he compiled that successfully brought the San Diego Padres from achter an exemplary record of service at the Pacific Coast League into Major League Baseball as a tt W o the local, state and national lev- 1969 National League expansion team. Just last season, c els, always giving generously of Friedman threw out a ceremonial first pitch before a Padres : 2012 S his time and talents. Hugh was game at Petco Park. ight a trusted advisor to his clients; a Other notable achievements include an appointment R great teacher and mentor; a dedi- by former President Bill cated husband, father and grandfather; and a talented jazz Clinton to the White House’s musician—in all, a wonderfully vibrant man. Hugh lived a Conference on Small very rich life and leaves an enduring legacy.” Business Commission and A graduate of Yale University in 1953 and Stanford an appointment by former Law School in 1956, Friedman began his legal career as a California Gov. Gray Davis deputy attorney general for the state of California. In 1958, to the California State Air he moved to San Diego to become in-house corporate Resources Board. Friedman counsel with Westgate-California Corp. He then practiced was a former director for business law as a senior partner with Friedman, Kahan, the San Diego County Bar Dysart & Frasier. Foundation and a mem- Friedman, who was married to former Congresswoman ber of the American Bar and 1970 USD School of Law alumna Lynn Schenk, began Association, International his association with the law school in 1958. He became Bar Association and the a full-time law faculty member in 1977 and received an American Law & Economics Professor Hugh Friedman's honorary LLD from USD in 1976. Friedman taught and Association. first pitch at a San Diego wrote on corporate, business planning and securities law Padres game.

42 | Fall 2013 In Memoriam )

USD School of Law Professor of Law Emeritus Joseph J. Darby cherished his long Darby passed away on June 13, 2013, after a battle with career at USD. He remarked at a amyotrophic lateral aclerosis, or Lou Gehrig’s disease. fall 2012 celebration of his USD He was 82. career, “Future generations of Darby joined the USD School of Law faculty in 1965, students, teachers and admin- teaching and writing in the areas of international and istrators will surely make our comparative law for more than 40 years before retiring beloved USD [School of Law] an in 2012. During that time, he also taught as part of the even better place, building on International Faculty of Comparative Law in Strasbourg, the accomplishments already France, and lectured by invitation at universities in made. But the hard work, sac- Professor of Law Emeritus Austria, Belgium, China, France, Germany, Israel, rifice and belt-tightening of the Joseph J. Darby. Poland and South Africa. In 1996, Darby received a old-timers back in the 1960s Fulbright grant to teach American law in Russian to should not be forgotten.” law students, prosecutors, attorneys and judges in the Darby was active in the com- Russian Federation. munity, including Rotary Club, Thomas More Society of “Joe Darby ranks among the great scholar-teachers San Diego and Mary Star of the Sea Catholic Church who built the reputation of USD School of Law,” says in La Jolla. Dean Stephen C. Ferruolo. “He was a leader in recognizing Darby will be greatly missed. He is survived by his wife the importance of international law and training lawyers of 49 years, Ursula, and his four children: Christiane Darby to have a global perspective. Several generations of our of San Diego; Gabriella Hennington of Spokane, Wash.; students benefited from his legal expertise and from the Thomas Darby of Annapolis, Md.; and Heidi Zadeyan of values that he exemplified in his life and teaching.” La Jolla. Darby, a native of New Jersey, received his BS In December 2012, the law school established degree from Georgetown University and his JD degree the Darby Endowed Scholarship Fund with a gener- from Fordham University Law School. He also earned ous gift from the Avery-Tsui Foundation at the request MA and PhD degrees from Columbia University and of Natasha Wong, ’04 (LLM), made in recognition of a Doktor Juris (Dr. iur.) degree from the University of Darby’s outstanding scholarship and inspirational Cologne in Germany. impact on law students. The annual recipient, known Prior to entering academia, Darby served for three as the Darby Scholar, will be an LLM student with an years as a cryptologic officer in the U.S. Navy on assign- interest in international law. To contribute to the Darby ments in Turkey, Germany and the Mediterranean region. Endowed Scholarship Fund, please call the USD School He transferred to the Judge Advocate General Corps as of Law’s Office of Development and Alumni Relations at a reserve officer and served in various positions over 26 (619) 260-4692. years before retiring as a captain in 1990.

USD school of law | 43 ( In Memoriam

Harvey Levine, 68, died on February 5, 2013, in San ’75 Diego following a lengthy illness. Levine had a high- James Krause, 62, light-reel legal career that included work outside the died from pan- courtroom as an adjunct professor at USD School of creatic cancer on Law and a stint as a liaison for the United Nations in August 16, 2012, Italy. Known for representing a diverse set of clients, in San Diego. Levine was elected by the State Bar of California to the During his suc- Trial Lawyer Hall of Fame in 2007 and inducted into the cessful legal career, Consumer Attorneys of San Diego Hall of Fame in 2008. he specialized in Levine’s legal career focused on representing clients securities fraud, in bad-faith claims against insurers. His San Diego law and at the time of firm also represented numerous clients in personal his death, he was injury cases. a senior partner at Krause Kalfayan Benink & Slavens.

In 2003, Levine won a $12 million settlement for He also served as an adjunct professor at USD, teaching ranscript the San Diego Padres from Lloyd’s of London for a dis- securities law. aily T

ability claim over relief pitcher Randy Myers. The Padres Krause joined USD’s Board of Trustees in 2009 and o D contended they were owed the money for two contract served on the audit and student affairs committees. He ieg years Myers could not pitch because of injuries. graduated from USD School of Law in 1975, became an In 2007, Levine won a $16.5 million judgment in adjunct professor in 2007 and was a longtime member f the san D Sacramento for the family of Jennifer Strange. Strange of the law school’s Board of Visitors. died from water intoxication after “Jim was a distinguished alumnus and generous urtesy o participating in a radio station’s benefactor of the law school,” said Dean Stephen C. M: Co O

on-air drinking contest. Ferruolo. “For several years, he also capably taught TT O

“The insurance industry knew securities regulation as an adjunct professor. He will ; B that if he took a case, they had be fondly remembered, among other things, for the better look at it closely before they passion, energy and commitment so evident in both fought it,” said USD Professor of his teaching and his service to the law school and the

Law Robert Fellmeth, executive University of San Diego.” , benink & slavens director of the school’s Children’s Classroom 2B in USD’s Warren Hall was named for Advocacy Institute. Fellmeth says Gale and James Krause in 2005 in recognition of their , kalfayan Levine was selective with cases, generous support of USD School of Law’s endowment lacked bombast in the court and campaign. rause f K put clients’ interests first. urtesy o o P: c O T

44 | Fall 2013 In Memoriam )

Alumni

’64 defense attorney who zealously represented his Richard Neely, 73, passed away on February 18, clients throughout the United States for more than 2013, from complications of cancer. As a prosecutor, 40 years. While at USD, Demassa was a member of he tried death penalty cases, ran a special award- the San Diego Law Review and Appellate Moot Court winning unit and lobbied Sacramento to strengthen team. sentences. By the mid-1980s, he’d become the No. 2 man in the District Attorney’s Office, under ’76 then District Attorney Ed Miller. He later moved to Daniel Bergman, 69, the vice president of the judicial bench to be a juvenile court referee, Environmental Affairs at Dallas Fort Worth Airport, where he oversaw cases involving children who had passed away on December 1, 2012. Bergman dedicated been removed from their homes. his life and career to public service and to inspiring others to achieve their maximum potential. ’66 Kenneth L. Hake, 71, a retired Sacramento Superior ’77 Court judge, died April 25, 2012, after a brief illness. A George “Woody” Clarke, 61, a nationally recognized former prosecutor with little name recognition outside expert on DNA evidence who helped prosecute the legal community, Judge Hake won competitive O.J. Simpson and David Westerfield, passed away races to serve on the bench. He joined the judiciary on November 13, 2012. Clarke spent 21 years as in 1985 after scoring an upset win for a municipal a prosecutor in San Diego County, handling many court seat over heavily favored Sam Jackson, who high-profile cases. He was appointed to the bench later became Sacramento city attorney. Three years in October 2003 by Gov. Gray Davis. later, Judge Hake defeated prominent defense lawyer ’97 Michael Sands for the Superior Court. He presided over Beverly I. Ward, 54, a commission counsel at the many criminal cases and had a reputation for integrity. Massachusetts Commission Against Discrimination He retired in 2005 but continued working as a retired (MCAD) for nearly 15 years, died on August 6, 2012. An judge until 2009. expert on the agency’s legislative history and a staunch ’70 advocate of its civil rights work, Ward made a signifi- Philip Arthur Demassa, 67, passed away on May 27, cant contribution to the body of law preserving the 2012, in a scuba diving accident off the coast of MCAD’s jurisdiction and discretion. Prior to her tenure Hawaii. Demassa was a prominent San Diego criminal with the MCAD, she was an assistant attorney general in the Civil Trial Division of the Government Bureau.

USD school of law | 45 class action

Class Action compiles personal and professional news about USD School of Law alumni from independent update submissions and international media resources. Tell us what’s new with you. Submit your news online at law.sandiego.edu/keepintouch, or email your update and photo (jpg or tif format, 300dpi) to [email protected].

’69 ’76 Nevada Gov. Brian Sandoval appointed Kerry Earley to Stephen Ronald Cloud was Sandy Arledge was named the Eighth Judicial District named president of Fresno the newest member of the Court in Clark County, Nev. Distributing Co. and RV American Quarter Horse Cloud Co. in Campbell, Calif. Association Executive ’80 Committee. ’70 Karen Rooney joined Miller ’79 Law Group as partner in its California Gov. Jerry Brown recently opened Los Angeles reappointed former U.S. Irma Poole Asberry, the first office. Rep. Lynn Schenk to the African-American woman California High-Speed Rail appointed as judge to the ’81 Authority, where she has Riverside Superior Court, served since 2003. She gave the 2013 Athena Hazel Aker was named senior is vice chairperson of the Lecture at Riverside City vice president, general coun- board. College in March. sel and corporate secretary of Cadence Pharmaceuticals ’74 Sacramento City Council Inc. in San Diego. member Steve Cohn was Steve Daitch joined Catapult named vice chair of the Jeffrey E. Thoma was Growth Partners, LLC as Sacramento Area Council re-elected to the board of senior consultant and of Governments Board of directors of the National managing director of Directors. Association of Criminal thought leadership events Defense Lawyers. and research.

46 | Fall 2013 Alumni Honorees

Jan I. GOldsmith ’76 and James T. Waring ’73 celebrated at Honors Gala USD School of Law presented Jan I. Goldsmith, ’76, and USD’s Joan B. Kroc School of Peace Studies presented James T. Waring, ’73, with the Author E. Hughes Career Achievement Jan I. Goldsmith, ‘76 James T. Waring, ‘73 Award at the 2013 Alumni Honors Gala on April 27, 2013. The award recognizes out- standing career achievement and exemplary Retired San Diego County Entertainment, Sports representation of USD’s ideals. Superior Court Judge Luis R. and IP Law Conference Vargas joined the San Diego in Cancun, Mexico, and Goldsmith was appointed as a San Diego Superior County District Attorney’s “Handling Celebrity Court judge in 1998 and spent his first six years on Office, where he will provide Stalkers” for the Beverly Hills the bench handling criminal and civil trials and his expertise in several areas of Bar Association. final years assigned to an independent civil calendar. the law, including civil liti- He retired in December 2008 to assume the office gation, appellate cases and ’85 of city attorney for the City of San Diego. Goldsmith cross-border issues. served as deputy mayor of Poway from 1989 to 1990, Larry Murnane was and then as mayor from 1990 to 1992, until he was named senior strategist at ’82 elected to the state Assembly, where he served three Breakwater Equity Partners, terms representing the Northern San Diego City Orange County, Calif., a commercial real estate District. Deputy District Attorney workout consultancy and Waring is the executive chairman and co-founder George McFetridge pub- investment firm in San Diego. of CleanTECH San Diego, a not-for-profit formed to lished his second novel, The stimulate the creation and expansion of a clean tech- White Rose, under his pen ’86 nology business cluster in the San Diego region. Prior name, Mary Ann Cook. Gov. Jerry Brown appointed to CleanTECH, Waring worked for San Diego Mayor Paula S. Rosenstein to San Jerry Sanders as the deputy chief operating officer for Ed McPherson, a partner Diego County Superior land use and economic development. Waring was a with McPherson Rane LLP Court. practicing attorney for more than 20 years and has in Los Angeles, presented been a principal in FI Financial, a real estate invest- “Disaster Planning and ment firm, since 1991. In 2012, Gov. Jerry Brown War Stories: Tales From appointed Waring to the California Transportation The Trenches” at the 24th Commission. Annual North American

USD school of law | 47 Animal Advocate

Activist Sarah Speed ’07 challenges incumbent for PA State House seat In 2012 Democrat Sarah Speed, ’07, campaigned to represent the 47th State House District, which covers northern York County in Pennsylvania. Speed ’88 member of the Woman challenged five-term Republican Keith Advocate Committee of the Gillespie for the seat. Speed’s campaign Susan K. Chelsea was ABA Section of Litigation, prioritized access to health care for appointed to the State Bar Beck is the co-chair of the women and children, public education of California’s Real Property Work-Life Management reform, property tax relief and eco- Law Section Executive Subcommittee. She also nomic expansion for small business job Committee. serves on various commit- development. tees with California Women Paul G. Klockenbrink, part- Lawyers. Although Speed lost the seat to incumbent Gillespie, ner with Gentry Locke Rakes she remains active in her animal rights advocacy as & Moore, Roanoke, Va., ’92 secretary for the State Animal Response team and is was named a Virginia Super Michael A. Cordier joined the animal law legislative chair of the Pennsylvania Lawyer for 2012 in employ- Murphy Karber PLC, a Bar Association. Speed dealt a serious blow to ment and labor. Phoenix construction, real Pennsylvania’s puppy mill industry by coordinating estate and business law the efforts between the Humane Society of the United Jeffrey S. Schroer was firm, as a third partner. The States, American Society for the Prevention of Cruelty named chief child sup- firm also announced its to Animals and numerous other animal-related port attorney for the new name, Murphy Karber organizations to pass HB 2525. Speed also serves as San Bernardino County Cordier PLC. executive director of Bringing Animals Restitution Department of Child and Care, the nation’s first psychological counseling Support Services. Jeff Mazur, former chief program targeted specifically at animal abusers. of political and economic As a student at USD School of Law, Speed ’90 affairs of the United States advocated for animal protection legislation in her Teresa Beck was elected to Embassy in Trinidad and native California. She was the driving force behind the National Conference of Tobago, was reassigned to California’s SB 353, which was signed into law in Women’s Bar Associations the U.S. Embassy in Kabul, August 2007. The legislation made it possible for Board of Directors follow- Afghanistan. Mazur is a

California judges to include animals in protective ing a three-year term on ani career diplomat with the orders related to domestic violence. the board of the Lawyers ant o

U.S. Department of State. M

Club of San Diego. As a im T

48 | Fall 2013 class action ) JAG Star

’93 Christopher C. Hoffman was selected by his peers Heather Henderson ’04 is Celia A. Brewer was for inclusion in The Best one of the Navy’s leading appointed city attorney Lawyers in America 2013. of Carlsbad, Calif. environmental law experts Hoffman is the founding Lt. Cmdr. Heather C. Henderson, ’04, has and managing partner of spent the past nine years of her career as Adam Springel, managing the Fisher & Phillips LLP a federal service attorney in the U.S. Navy partner at Springel & Fink, San Diego office. Judge Advocate General’s (JAG) Corps. In this was one of the featured capacity, she has skillfully and expertly served speakers at the 2013 Annual Rich Kim joined Duane as officer in charge of a detachment office at Conference of the Claims Morris’ Intellectual Property a remote duty station as appellate defense and Litigation Management Practice Group as a partner counsel, representing service members before Alliance. in its San Diego office. the military’s first- and second-level courts of appeals and as a specialist in environmental ’94 ’96 law for the Navy’s southwest region. Dean Gonsowski was Craig Cherney and Laura named associate general After graduating from USD School of Law in 2004, Jane Edwards partnered to counsel and senior director Henderson began her naval legal career at a branch open their own family law of business development office of Naval Legal Service Office Central in Corpus firm, Edwards & Cherney at Recommind, a San Christi, Texas, where she served both as a legal assis- LLP, in Scottsdale, Ariz. Francisco-based leader in tance attorney and trial defense counsel, as well as unstructured data man- officer in charge of the branch. In 2007, she moved Real estate and land-use agement, analysis and to Washington, D.C., to serve as an appellate defense attorney Kenneth A. Kecskes governance technology. counsel at the office of the Judge Advocate General, was named partner in Navy and Marine Corps Appellate Review. Fox Rothschild LLP’s Real Goods Solar Inc. Looking for her next challenge, Henderson left the San Francisco office. named Scott Schumacher JAG office to attend George Washington School of Law, operations manager in where in 2010 she earned her LLM in environmental ’97 San Diego, Riverside and law, graduating with highest honors. Today, she is rec- San Bernardino, Calif. Wade B. Gochnour was ognized as one of the Navy’s foremost environmental named to the 2012 law experts. ’95 Mountain States Super Captain and Commanding Officer David M. Lawyers. Harrison says that Henderson’s “daily contributions to Neel Grover was appointed the Navy’s mission, the welfare of its people and the to Coastal Contact’s Board community at large have made a lasting and substantial of Directors. He left his impact on the Department of the Navy and the law.” chief executive position at Buy.com.

USD school of law | 49 ( class action

’98 ’03

William J. Garrison joined Laurie A. Avedisian was Entrepreneurial Dallas-based Bell Nunnally promoted to partner at & Martin LLP as a partner. Lozano Smith in Fresno, Calif. She was also named Spirit ’99 president of the Fresno County Bar Association. Neil Willian joined Edgewood Partners Cepideh Roufougar joined Kayvon Pourmirzaie ’10 Insurance Center as an Jackson Lewis LLP’s San wins UCSD Challenge account executive in its Francisco office as partner. USD School of Law alumnus and Nasseo Inc. San Francisco construction co-founder Kayvon Pourmirzaie, ’10, was practice. Kahn Scolnick joined Gibson, awarded the first-place prize of $57,000 at the Dunn & Crutcher LLP as one Sixth Annual University of California, San Diego ’02 of 11 new partners. (UCSD) Entrepreneur Challenge Business Plan Alain Mégias (LLM) joined competition in late June. The company also Baker & McKenzie in San ’04 received the first-place prize of $7,500 in cash Francisco as a partner for and legal services at the UCSD Entrepreneur Eva K. Wojtalewski joined the firm’s international Challenge’s Executive Summary competition Bousquet Holstein PLLC as commercial practice. in April, making Nasseo Inc. the first startup an associate attorney. Scott Rahn, shareholder to win both the UCSD Entrepreneur Challenge at Greenberg Traurig, Executive Summary and Business Plan compe- ’05 LLP in Los Angeles, pre- titions in the same year. sented “Securities Law: James Bond was elected Nasseo’s initial product, the TiArray™ dental implant Fraud-on-the-Market as one of four new direc- system, integrates a proprietary surface modification Theory Demystified” for tors at Fennemore Craig in technology to create significantly stronger bone-to- the Knowledge Group/the Phoenix, Ariz. implant bonding at the molecular level. By developing Knowledge Congress live this dental implant system, Nasseo hopes to create webcast series. ’06 new treatment options for previously unreached Joseph Bolmarcich was Benjamin A. Thinnes patients who are discouraged from receiving implants named director of gov- was named a shareholder because of poor circulatory and bone growth issues. ernment contracts and at Tiffany & Bosco in Winning the entrepreneurship challenge has Department of Defense Phoenix, Ariz. proved to be a turning point for a number of success- compliance at Remington ful San Diego-based startup companies. Defense in Madison, N.C.

50 | Fall 2013 Rebecca A. Brophy joined ’10 the firm of Smith Anderson. Freshly Minted Lawyers Diana Malhis has joined the Law Offices of Rosenstein The law school’s newest attorneys, who were sworn Laura Keegan was featured and Hitzeman in Temecula, in The Hockey News as an into the bar in June and December of 2012, were Calif. upcoming sports agent at honored at luncheons at Tom Ham’s Lighthouse. CAASports in Los Angeles. Kayvon Pourmirzaie co- founded Nasseo, a medical ’07 device startup with new Conor Hulburt joined the San technology to treat dental Diego office of Pettit Kohn and orthopedic implant Ingrassia & Lutz. failures. Nasseo won first prize in the sixth annual Kate E. Payerle, an attorney University of California, with Robinson Bradshaw, San Diego Entrepreneur received the Outstanding Challenge competition. Pro Bono Service Award for her pro bono legal work for ’11 low-income families with Catherine Gonzaga (LLM) Legal Aid of North Carolina in joined the tax law firm of Charlotte. Brown, PC in Fort Worth, June 2012 swearing-in Texas. ’08

Venar Ayar (JD/LLM) Michael Nalan joined the announced the grand open- professional liability practice ing of the Ayar Law Group, group of Klinedinst PC in a boutique tax law firm San Diego. serving metro Detroit and the greater southeastern ’12 Michigan community. David N. Israel joined Stutz Artiano’s San Diego office.

December 2012 swearing-in

USD school of law | 51 ( Scene of the crime

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Spotlighting members of the USD School of Law community at reunions, receptions and other special events

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Careers in the Law at warren hall

1. Law Alumni Board member

Buck Endemann, ’07; Monica M. 6 Sullivan, ’02; and Career Services Assistant Director for Employer 2012 Distinguished Outreach and Communication Alumni Awards at the Scott Morris. westin gaslamp quarter 2. Kristen Haden, ’08, and 4. Career Services Assistant Dean Warren K. Den, ’02. Cara Mitnick; Bill G. Baumgaertner, 3. Law Alumni Board member ’75; and Steve R. Hunsicker, ’75. 2 Rob K. Butterfield Jr., ’77, and 5. 2012 Distinguished Alumni Award Chris S. Cooke, ’88 (BA), ’03 (JD). honoree the Honorable Robert J. Trentacosta, ’79; 2012 Rising Star 1 Recent Alumni Award honoree Laurie G. Rowen, ’04; and 2012 Distinguished Alumni Award honoree A. John Murphy Jr., ’72 (BA), ’75 (JD).

6. 2011 Rising Star Recent Alumni Award honoree and Law Alumni Board member Kristin Rizzo, ’06; the Honorable Ken J. Medel, ’79; 3 and Debra Medel.

52 | Fall 2013 class action )

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2012 MILESTONE REUNIONS

7. Class of 1962 (50th reunion). 8 8. Class of 1972 (40th reunion).

9. Class of 1982 (30th reunion).

10. Class of 1987 (25th reunion).

11. Class of 1992 (20th reunion).

12. Class of 2002 (10th reunion).

13. Class of 2007 (5th reunion).

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12 NONPROFIT ORG U.S. POSTAGE PAID SAN DIEGO, CA PERMIT NO.365

5998 Alcalá Park San Diego, CA 92110-2492

Change Service Requested Distinguished USD School of Law Alumni Awards Milestone Alumni November 22, 2013 Reunions Westin Gaslamp Quarter 11:30 a.m.

1963 1973 1983 1988 Friday, October 4, 2013 1993 2003 2008 2012 Saturday, October 5, 2013

Reunion news will be sent by email, so please update your contact information: law.sandiego.edu/alumniupdate.

For more information and for sponsorship For more information, contact the Office of Development opportunities, call (619) 260-4692 or email and Alumni Relations at (619) 260-4692 or [email protected]. [email protected]. Visit the Distinguished Alumni Awards website at law.sandiego.edu/daa. View updated reunion information: law.sandiego.edu/reunions. Platinum Sponsor

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