Celebration and Mourning: the Valparaiso University School of Law

Valparaiso University Law Review

Volume 53 Number 4 Summer 2019: Tribute to Valparaiso pp.843-868 University Law School (1879-2019)

Summer 2019: Tribute to Valparaiso University Law School (1879-2019)

Celebration and Mourning: The Valparaiso University School of Law

Michael L. Swygert

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Recommended Citation Michael L. Swygert, Celebration and Mourning: The Valparaiso University School of Law, 53 Val. U. L. Rev. 843 (2019). Available at: https://scholar.valpo.edu/vulr/vol53/iss4/5

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[T]he University Chapel was crowded with three Essays thousand students and instructors. . . . The organ began to play, and I read the only words that could matter at CELEBRATION AND MOURNING: that moment: “I am the Resurrection and the Life.” We THE VALPARAISO UNIVERSITY SCHOOL OF sang a few hymns and resolved to have a memorial service four hours later. Soundlessly, the students left the LAW Chapel [an appropriate sanctuary for prayer].3 Michael I. Swygert* On a spring day in 1964, VU’s Chapel was packed with an estimated RECE ECIL VIRUE CHLLEE O VUL 3200 people (1800 of whom were guests) to celebrate the dedication of the law school’s new home, Wesemann Hall. Chief Justice Earl Warren spoke his is a synopsis of the 140year history of the Valparaiso Uniersity on being called to the law—a noble and ethical profession that helps VU) chool of Law VUL), a small school located in orthwest Indiana, 4 people and businesses resolve serious problems. which has graduated oer 5000 men and women lawyers. Besides Chief Justice Warren, U.S. Secretary of State Dean Rusk; U. S. 198 merican ar ssociation ) report included a list of the Senators Birch Bayh and Vance Hartke; U.S. Congressman Charles law school’s special virtues: “Alumni hae deep loyalties students Halleck; Indiana Governor Matthew Welsh; two jurists of the U.S. Seventh develop warm and lasting friendships; there’s a strong and supportive Circuit Court of Appeals, Judges John Hastings and Luther Swygert; religious culture; and there’s a sense of caring and responsibility that judges of various U.S. District Courts; and justices of the Indiana Supreme pervades the school’s atmosphere . . . special adantages that together and Appellate Courts attended. Some thirty-seven colleges and create an environment valuable in American legal education.”1 hese universities sent representatives, including the presidents of Notre Dame, special irtues notwithstanding, the Report also listed significant Indiana, and Purdue. The two-day celebration ended in the VU Chapel “deficiencies” including: comparatively small number of students (300); with an Ecclesiastical Convocation. Theologians Jaroslav Pelican of the inadeuate facilities need for additional professors a larger curriculum Yale University Divinity School, and the Rev. Oliver Harms, President of and insufficient financial resources. ark clouds were moing in. the Lutheran Church Missouri-Synod, participated. I. OURI REIE JOH . EE’ IIO II. CELEBRATING THE 125TH ANNIVERSARY OF VUSL AT CHICAGO’S FIELD CELERI U.. CHIE JUICE ERL WRRE’ RE MUSEUM OF NATURAL HISTORY In oember 1963, VU students and faculty mourned the In 2004, VUSL celebrated its 125th anniversary. Hundreds of alumni, assassination of resident John . ennedy. hen, in pril 1964, VU faculty, students, staff, and friends attended the black-tie event at a unique students and faculty celebrated the dedication of a new building for venue—the Chicago Field Museum of Natural History, considered one of VUL. oth the mourning and the celebration occurred in a common the finest archeological museums in the world. The Museum website sanctuary, the University’s Chapel of the Resurrection. 5 indicates it houses nearly forty million artifacts in its archives. Upon learning of Kennedy’s death, students and instructors streamed Upon entering the museum, all were overwhelmed by the spectacular out of classrooms, unsure what they should do. hen, miraculously as three-story atrium and, even more so, by the largest assembled many perceied it) students and faculty began walking toward the chapel. Tyrannosaurs Rex in the world, prominently displayed on the main floor. here, Uniersity resident O.. retmann welcomed all. He wrote

3 RICHARD BAEPLER, FLAME OF FAITH, LAMP OF LEARNING: A HISTORY OF VALPARAISO UNIVERSITY 262–63 (2000) [hereinafter BAEPLER, FLAME OF FAITH]. 4 See Dedicate Wesemann Hall, THE TORCH (SPECIAL ED.) 3, Apr. 25, 1964. * VU .., 1964 VU J.., 196. 5 See About the Field Museum: A Little History, FIELD MUSEUM, https://www.field 1 See Council on Legal Education and dmissions to the ar, Report on museum.org/about [https://perma.cc/A6LC-WZE5] (noting that its collection has grown Valparaiso Uniersity chool of Law 198). from the original 65,000 exhibits of natural wonder on display at the 1893 World’s Columbian Id. Exposition in the “White City”). 843

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Essays CELEBRATION AND MOURNING: THE VALPARAISO UNIVERSITY SCHOOL OF LAW

Michael I. Swygert*

RECE ECIL VIRUE CHLLEE O VUL

his is a synopsis of the 140year history of the Valparaiso Uniersity VU) chool of Law VUL), a small school located in orthwest Indiana, which has graduated oer 5000 men and women lawyers. 198 merican ar ssociation ) report included a list of the law school’s special virtues: “Alumni hae deep loyalties students develop warm and lasting friendships; there’s a strong and supportive religious culture; and there’s a sense of caring and responsibility that pervades the school’s atmosphere . . . special adantages that together create an environment valuable in American legal education.”1 hese special irtues notwithstanding, the Report also listed significant “deficiencies” including: comparatively small number of students (300); inadeuate facilities need for additional professors a larger curriculum and insufficient financial resources. ark clouds were moing in.

I. OURI REIE JOH . EE’ IIO CELERI U.. CHIE JUICE ERL WRRE’ RE

In oember 1963, VU students and faculty mourned the assassination of resident John . ennedy. hen, in pril 1964, VU students and faculty celebrated the dedication of a new building for VUL. oth the mourning and the celebration occurred in a common sanctuary, the University’s Chapel of the Resurrection. Upon learning of Kennedy’s death, students and instructors streamed out of classrooms, unsure what they should do. hen, miraculously as many perceied it) students and faculty began walking toward the chapel. here, Uniersity resident O.. retmann welcomed all. He wrote

* VU .., 1964 VU J.., 196. 1 See Council on Legal Education and dmissions to the ar, Report on Valparaiso Uniersity chool of Law 198). Id. 843

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[T]he University Chapel was crowded with three his mammoth dinosaur of the riassic period (nearly 300 million years thousand students and instructors. . . . The organ began ago) was nicknamed “Sue.” Amidst the ancient reptiles stood scores of to play, and I read the only words that could matter at dinner tables, each adorned with white tablecloths, fine china, polished that moment: “I am the Resurrection and the Life.” We dinnerware, and beautiful flowers. he onorable eorge . . ush, sang a few hymns and resolved to have a memorial the fortyfirst resident of the United tates, was eynote speaer. service four hours later. Soundlessly, the students left the resident ush was the evening’s highlight. Following his speech, the VU Chapel [an appropriate sanctuary for prayer].3 rchestra performed, while guests strolled throughout the useum viewing its ehibits. t was an evening to be remembered. he th On a spring day in 1964, VU’s Chapel was packed with an estimated celebratory anniversary of the U, looing bac, may have been the 3200 people (1800 of whom were guests) to celebrate the dedication of the high point in the law school’s long history. The guests left the Museum law school’s new home, Wesemann Hall. Chief Justice Earl Warren spoke that evening with good feelings and high hopes about the school’s future. on being called to the law—a noble and ethical profession that helps people and businesses resolve serious problems.4 . : AARA UR Besides Chief Justice Warren, U.S. Secretary of State Dean Rusk; U. S. : AARA C A Senators Birch Bayh and Vance Hartke; U.S. Congressman Charles Halleck; Indiana Governor Matthew Welsh; two jurists of the U.S. Seventh y the midnineteenth century, ethodist parishioners constituted Circuit Court of Appeals, Judges John Hastings and Luther Swygert; the largest religious denomination in the nation. he ethodist Church judges of various U.S. District Courts; and justices of the Indiana Supreme started numerous colleges and more than a doen universities, including and Appellate Courts attended. Some thirty-seven colleges and orthwestern, anderbilt, and oston University. ermane to this essay, universities sent representatives, including the presidents of Notre Dame, in , ethodist clergy opened the Valparaiso Male and Female College, Indiana, and Purdue. The two-day celebration ended in the VU Chapel one of the earliest colleges to accept women. he school closed in , with an Ecclesiastical Convocation. Theologians Jaroslav Pelican of the largely due to fewer students conseuent to the ar etween the tates. Yale University Divinity School, and the Rev. Oliver Harms, President of An educator named enry aer rown purchased the campus and, in the Lutheran Church Missouri-Synod, participated. due course, opened a renamed Northern Indiana Normal School and Business Institute. ater it was renamed Valparaiso College and, later still, Valparaiso II. CELEBRATING THE 125TH ANNIVERSARY OF VUSL AT CHICAGO’S FIELD University. MUSEUM OF NATURAL HISTORY he ormal chool focused mainly on educating teachers. resident rown saw the possibilities of adding professional programs. ne of In 2004, VUSL celebrated its 125th anniversary. Hundreds of alumni, these was law. rown announced in the spring of that the ormal faculty, students, staff, and friends attended the black-tie event at a unique chool would commence a twoyear course in law by the end of the year. venue—the Chicago Field Museum of Natural History, considered one of his was not the first lawcurricular program in ndiana. istorians have the finest archeological museums in the world. The Museum website recorded around twenty lawstudies programs that opened during the indicates it houses nearly forty million artifacts in its archives.5 nineteenth and early years of the twentieth century. Indiana University’s Upon entering the museum, all were overwhelmed by the spectacular aw chool in loomington was the first (); net came ndiana Asbury three-story atrium and, even more so, by the largest assembled College, later renamed eauw University (3); followed by Central Tyrannosaurs Rex in the world, prominently displayed on the main floor. aw chool, ndianapolis (); otre ame University aw chool (); U, alparaiso, (), and ndiana University aw chool, ndianapolis (). essernown (and often shortlived) lawstudies 3 RICHARD BAEPLER, FLAME OF FAITH, LAMP OF LEARNING: A HISTORY OF VALPARAISO UNIVERSITY 262–63 (2000) [hereinafter BAEPLER, FLAME OF FAITH]. 4 See Dedicate Wesemann Hall, THE TORCH (SPECIAL ED.) 3, Apr. 25, 1964. 5 See About the Field Museum: A Little History, FIELD MUSEUM, https://www.field AR, A A, supra note 3, at . museum.org/about [https://perma.cc/A6LC-WZE5] (noting that its collection has grown CA R R, “A, U AK ”: A CUA from the original 65,000 exhibits of natural wonder on display at the 1893 World’s Columbian R AARA UR C A, –00, 33–3 (00) Exposition in the “White City”). hereinafter R, CUA R U.

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programs sprang up throughout the state: enamin arrison, entral V. H U HUHL L HL University, aorte ollege, orthwest hristian, and TriState ollege. More recently in , the Indiana Institute of Technology opened a law n the basis of studentfeedback, the University’s religious culture school in Fort ayne, Indiana four years later it closed. had a positie influence on the student body. ut there is a deeper As of this writing, only four of the roughly twenty Indiana law schools uestion, to wit what ustifies a churchrelated school of law nute remain: Indiana University loomington) Indiana University talland, a Lutheran from innesota, was the first – of three Indianapolis) University of otre ame South end) and Valparaiso Lutheran deans who wrestled with the uestion. ean talland posed this University Valparaiso). Soon, there will be ust three as VUS is closing rhetorical uestion to resident retmann permanently. All those associated with the VUS, both former and current, are deeply saddened. More on this later. s it too much to epect that . . . teachers in churchrelated institutions gie the students something more than an IV. U U A AM ITI A “H AS” F UI VU eternal gloss hould not the graduates of church T, T UTA U, MISSUI S related law schools be ministers of more than manmade ustice . . . he Law chool should pursue its church early years ago in the early s, VU, then a secular institution, related mission by developing “our special lectures on was in dire financial stress. The effects of orld ar I cost it dearly. The thics” university faced either shutting down or being sold. The officials tried to sell it. o one could have imagined who the purchaser might be: the u n the fall of , talland organied a twoday “Colloquy on Law lu lan. In , VU came within “an eyelash” of being sold to the and Theology” to consider four topics: A hristian onept o Natral a lan. esperate VU officials and leaders negotiated a sale. The a and the Natre o an The a and evelation and The hristian New York Times publicied the tentative sale, news that rapidly spread onsiene and a. articipants included Uniersity of hicago ean from coast to coast. After the deal was struck, however, the lan could of the iinity chool, ean auer Uniersity of hicago Lutheran astor not come up with the money. As it turned out, another potential buyer and theologian, artin arty Uniersity of ichigan law professor, aul came along. auper ew or Uniersity law professor, ichard uesenberg Members of the utheran hurch Missouri Synod had been Uniersity of otre ame professor of law and theology, ntonHerman considering establishing a utheran University when they learned that hroust and Uniersity of hicago law professor, ilber at. VU’s campus and buildings were for sale. Lutheran clergy, largely from n , VUL law professor lfred eyer put together a symposium Fort ayne, but also from Valparaiso, St. ouis, and ew ork, that he called “The Mission of a ChurchRelated Law School.” Speakers negotiated with VU. The talks succeeded and the University affiliated and topics included VUL rofessor eyer, he Lutheran radition with the utheran hurch, Missouri Synod. former dean of otre ame Law chool homas haffer, he atholic radition Howard licstein, he ewish radition and ral oberts law professor ohn idsmoe, he undamentalist radition. eyer discussed Martin Luther’s theology of the two kingdoms as applicable to law study, noting

Id. at . Marilyn dendahl, Last Class Graduates from Indiana Tech Law School, I. A. May , UL H VUL, spra note , at uoting nute . , ), https:www.theindianalawyer.comarticleslastclassgraduatesfrom talland, Valparaiso Uniersity resent and uture o. , unpublished paper. indianatechlawschool https:perma.ccVUUM. aper lished ro aTheoloy olloy, H H, ept. , , at . ance Trusty, All Talk and No “Kash”: Valparaiso University and the Ku Klux Klan, I. d MA. IST. Mar. ). See also ichard Turcotte, VU and the KKK, How the Klan Came lfred . eyer, yposi: ission o a hrhelated a hool—The theran within a Hooded Eyelash of Buying Valparaiso University in 1923, AST TIU Sept. , Tradition, VL. U. L. V. homas L. haffer, yposi: ission o a hrh ). elated a hool—The atholi Tradition, VL. U. L. V. Howard . Trusty, supra note , at ST, TTUA IST F VUS, supra note , at licstein, yposi: ission o a hrhelated a hool—The eish Tradition, VL. –. U. L. V. ohn idsmoe, yposi: ission o a hrhelated a hool—The A, FAM F FAIT, supra note , at –. ndaentalist Tradition, VL. U. L. V. .

Produced by The Berkeley Electronic Press, 2019 Valparaiso University Law Review, Vol. 53, No. 4 [2019], Art. 5 VALPARAISO UNIVERSITY LAW REVIEW Vol. eleration and ornin programs sprang up throughout the state: enamin arrison, entral V. H U HUHL L HL University, aorte ollege, orthwest hristian, and TriState ollege. More recently in , the Indiana Institute of Technology opened a law n the basis of studentfeedback, the University’s religious culture school in Fort ayne, Indiana four years later it closed. had a positie influence on the student body. ut there is a deeper As of this writing, only four of the roughly twenty Indiana law schools uestion, to wit what ustifies a churchrelated school of law nute remain: Indiana University loomington) Indiana University talland, a Lutheran from innesota, was the first – of three Indianapolis) University of otre ame South end) and Valparaiso Lutheran deans who wrestled with the uestion. ean talland posed this University Valparaiso). Soon, there will be ust three as VUS is closing rhetorical uestion to resident retmann permanently. All those associated with the VUS, both former and current, are deeply saddened. More on this later. s it too much to epect that . . . teachers in churchrelated institutions gie the students something more than an IV. U U A AM ITI A “H AS” F UI VU eternal gloss hould not the graduates of church T, T UTA U, MISSUI S related law schools be ministers of more than manmade ustice . . . he Law chool should pursue its church early years ago in the early s, VU, then a secular institution, related mission by developing “our special lectures on was in dire financial stress. The effects of orld ar I cost it dearly. The thics” university faced either shutting down or being sold. The officials tried to sell it. o one could have imagined who the purchaser might be: the u n the fall of , talland organied a twoday “Colloquy on Law lu lan. In , VU came within “an eyelash” of being sold to the and Theology” to consider four topics: A hristian onept o Natral a lan. esperate VU officials and leaders negotiated a sale. The a and the Natre o an The a and evelation and The hristian New York Times publicied the tentative sale, news that rapidly spread onsiene and a. articipants included Uniersity of hicago ean from coast to coast. After the deal was struck, however, the lan could of the iinity chool, ean auer Uniersity of hicago Lutheran astor not come up with the money. As it turned out, another potential buyer and theologian, artin arty Uniersity of ichigan law professor, aul came along. auper ew or Uniersity law professor, ichard uesenberg Members of the utheran hurch Missouri Synod had been Uniersity of otre ame professor of law and theology, ntonHerman considering establishing a utheran University when they learned that hroust and Uniersity of hicago law professor, ilber at. VU’s campus and buildings were for sale. Lutheran clergy, largely from n , VUL law professor lfred eyer put together a symposium Fort ayne, but also from Valparaiso, St. ouis, and ew ork, that he called “The Mission of a ChurchRelated Law School.” Speakers negotiated with VU. The talks succeeded and the University affiliated and topics included VUL rofessor eyer, he Lutheran radition with the utheran hurch, Missouri Synod. former dean of otre ame Law chool homas haffer, he atholic radition Howard licstein, he ewish radition and ral oberts law professor ohn idsmoe, he undamentalist radition. eyer discussed Martin Luther’s theology of the two kingdoms as applicable to law study, noting

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e in the law schools need to welcome diversity as activities . . . . t follos that those oring ithin the moral and legal ideas are tested in the crucible of La chool—facult and students—should manifest academic debate. Loving one’s neighbor as oneself can be qualities of competence and humane concern. a unifying theme for a normative discipline as long as we realie that we are bound to come up short in that peace . LG L which the world cannot give. . . . e need a community to remind us of this. s one of those communities, the university where religion is taken seriously provides a VUSL has graduated scores of distinguished lawyers. They’ve hospitable environment for a law school to take law included five .. enators from ebrasa, e eico, llinois , and seriously. isconsin seven members of the .. ouse of epresentatives four state governors, serving in ndiana, llinois, entuc, and isconsin federal n response to this author’s question regarding churchrelated law judges and magistrates and several state supreme and appellate court schools, U professor of both theology and law, Rev. Richard aepler justices. ne L graduate ored in the hicago office of acclaimed replied: laer larence arro. nother as arl tanle Gardner, ho spent ven though there is no such thing as Lutheran law, one ear at L. ather than practicing la, Gardner chose to rite Lutheran engineering, Lutheran economics, Lutheran novels about la, notabl the series. chemistry, there is such a thing as a Lutheran university George . orris as the first L grad elected to the nited and each component part is Lutheran . . . . Undergirding tates enate. e served fort ears in ongress, in both the ouse of the orientation of a churchrelated university is its epresentatives and enate. orris helped establish the ennessee alle theology of culture. The Lutheran view sees the world as uthorit, codrafted the orrisLaGuardia ct, and as a sponsor of the two domains. n one domain, the realm of creation or Twentieth (“Lame Duck” mendment to the onstitution. n his culture, od creates and sustains the world through autobiograph— —orris shared his feelings about institutions we commonly denote as secular, institutions and the L such as law, education, science, government, family, the alparaiso niversit in the late s in man respects arts, etc. n this dynamic realm reason and eperience as a remarable institution. t the time it as the dominate. . . . Lutheranism ealts the secular realm, and largest normal school in the nited tates . . . . t as seeks to promote for the good of humanity the learning known as the “poor boys’ school.” . . . er fe of the which enables the secular realm to function well. . . . pupils came from rich families. s a result, there as on Lutheran law school in the first place must be a school of the campus of alparaiso a spirit of democrac and of secular ecellence, no matter the faith or lack of faith of its deep companionship and as not long in recogniing members. that m associations there ere to have a profound n the religious realm, the central task of the church influence on m life. have met graduates of this is . . . to proclaim God’s justice and forgiveness, shaping institution, hich is no non as alparaiso people to live for others out of love. This is the second niversit, in all parts of the nited tates. realm, the realm of redemption, in which the ospel is the operative power. The two realms come together in the theology of vocation in which Christians, supported by Letter from ichard aepler to ichael gert, ept. , . G, the ospel, . . . are called to humanie the world with L L, note , at –. the competence of their professional or occupational G, L L, note , at . lfred . Meyer, — GG . , GG LL G GG . – , L. U. L. R. , – . .

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hen speaking at VU’s 1921 commencement, Senator Norris commented Porter County Circuit Court.2 eaver received her law degree from that VUSL graduates included “lawyers from nearly every state in the VUSL in 1925. ears later, she shared these thoughts Union.” dam enamin r. was a highly respected U.S. ongressman who I was woman, a person, I never for once considered represented Lake and orter ounties in orthwest ndiana. ears myself a second class citien, nor did I believe se earlier he enlisted in the U.S. arine orps during the orean ar and (anatomy) was one’s destiny. Instead I believed that the after that was appointed to and graduated from the U.S. ilitary development of the mind was the destiny of mankind. I cademy at est oint. Then after all those years dam enamin in was a woman, and proud of it and wanted to retain my received his law degree from VUSL. e entered politics and was femininity in the world understanding that the law was elected to three terms in the U.S. ouse of epresentatives the first then a man’s field that I was entering.2 ssyrianmerican to be so. Shortly before his fourth term dam enamin died of a heart attack. Today, the “Crown Point Veteran Affairs In huge numbers women earned law degrees from VUSL and became Clinic” is named in his honor and so is Indiana State Road 51 in Hobart, local, state, and federal judges legislators prosecutors public defenders called the “Adam Benjamin Highway.” public interest lawyers practicing attorneys in all sies of firms corporate and business lawyers business eecutives and officers and legal educators among other related vocational occupations.

Throughout the nineteenth century and during much of the twentieth law schools admitted few women. ut women attending law schools grew in numbers especially so in the s. n anuary 1, 1, during the ar Between the States, President lorence iggins was the first woman to graduate with a law degree Abraham Lincoln issued the mancipation Proclamation declaring that 29 in from the orthern ndiana ormal School and usiness nstitute millions of enslaved African Americans were legally free. Columbia (forerunner of VUSL. oreover she was among the first women to be professor alter ellhorn noted that as late as 19 the number of African admitted to law schools in the country. s. iggins also was one of three Americans admitted to law schools remained miniscule, noting that 1 out women who in the same year became law teachers. of every 25 Caucasians became a lawyer, but only 1 out of 1 African rancis Tilton eaver was also an esteemed graduate of VUSL. She Americans did so. f the roughly 1, students who graduated from ecelled in her legal career and has been described as a pioneer woman in America’s law schools in 1968, just 200 were African Americans. the law. The facts confirm it. She was the youngest woman to be admitted In the 19s, VU President .P. retmann and VUSL ean ohn to practice before both the ndiana and llinois Supreme ourts the first orland sought to recruit African Americans to the law school. They woman to practice law in hicago the first woman to practice in orter succeeded in 19, when Hilbert Bradley, a young man from ary, ounty ndiana and the first woman to be appointed a udge on the Indiana, enrolled. By doing so, he became the first African American to graduate from VUSL. or over fifty years, Bradley worked to integrate African Americans into private businesses and public agencies and aided many minority and women lawyers to become judges. As a result, he received various awards, including the illiam ing Award from the National Association for the Advancement of Colored People NAACP VL (pr. ST TTUL ST VUSL note at . 2 Ruth Vance, Valparaiso University School of Law, Francis Tilton Weaver Our Own “First dam enamin r. D httpsen.wikipedia.orgwikidam ,” ALUNI A. TH AICUS, inter 199, at , 9, httpscholar.valpo.edu enaminr. httpsperma.ccVLLT. lawtheamicus1. ynthia rant owman 2 SRT, CNTTUAL HISTR VUSL, note , at 11 citing five undated ( pages from Valparaiso University School of Law archives titled aper at httpscholarship.law.cornell.edufacpub . httpsperma.ccD. 29 Abraham Lincoln, 1. ST TTUL ST VUSL note at –. arnest ellhorn, , U L.. 19, 1 19.

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in recognition of his accomlishments on behalf of minorities. he award excellence, adding “I am truly proud to be an alumnus of Valparaiso ceremony and celebration were held on the camus. Afterwards, Law School.” Rucker was appointed to the ndiana Court of ppeals radley soe about in and was its first fricanmerican udge. ight years later, Judge then Justice Rucker was elevated to the ndiana Supreme Court. he fact that I was the first AfroAmerican to graduate The gender and racial composition of the students attending VUSL in from alo aw brought bac memories of niversity the mids was predominantly white with few women. n , the resident .. retmann and aw chool ean ohn year that ruce erner and entered VUSL, our class consisted of men orland who were instrumental in my success. In fact, and woman. one were of frican descent. This was not particular to when it came to reare for eams, ean orland and VUSL, as its minority situation was similar to numerous other law schools his wife invited me to stay at their house for a wee, so he in the period. ver time, the situation changed, in part due to students could tutor me1 and faculty encouraging more diversity on campus, and in part due to a national organiation, the lack merican Law Students ssociation ichard . atcher graduated from in 199 and si years later LS. t was instrumental in encouraging minority students to attend was elected ayor of ary, Indiana. e was the first erson of African law school. descent to be elected mayor of an American city. e held the office for n the early s, VUSL students formed their own LS chapter twenty years during which he was a nationwide soeserson for African that taught minorities about VUSL and encouraged them to attend. y Americans, served as cochair of the emocratic ational onvention, , the LS chapter at VUSL had increased to fortytwo members. and served as chairerson of ev. esse acson’s campaign for President Later, VUSL students organied the Latino Law Student ssociation 2 of the nited tates. .. resident ill linton, in 199, invited ayor LLS to assist in drawing more Latinos to the school. Taken together, atcher to the hite ouse to honor the leader of outh Africa, the the numbers of female, fricanmerican, and Hispanic students famous elson andela. atcher was thrilled. increased significantly. atcher authored an article titled Te Wins o ane ublished by Good and effective teaching is necessary for a student’s later success the ohn . ennedy chool at arvard niversity. ubseuently, he in the practice of law. For decades, VUSL sought law teachers of good was aointed a arvard ellow and taught a course on American moral character with excellent academic credentials who wanted to be olitics. ater he taught a class in minority studies at Indiana niversity, teachers. The priority of good teaching has long been a hallmark of VUSL. and later still, was honored by Chicago’s Roosevelt University as the elow, describe three of my VUSL teachers and one classmate who oined recipient of “The Harold Washington Distinguished Chair.” Mayor the VUSL faculty, each of whom was awesome. atcher also served on the faculty, initially as a istinguished isitor in esidence and later as a fulltime faculty member. . Professor Louis F. artelt VUSL,

eleratin te cellence o Teacin Professor artelt spent forty years on the VUSL faculty and was a master of tort law, but he was much more. Lou as his colleagues called ustice obert . ucer was another graduate of , one of only him was a downtoearth Midwesterner with no pretenses, but one thirtysi recipients in the U.S. to receive the “Martin Luther King, Jr., ingrained with solid ethical, moral, and religious principles. He was Fellowship for the Study of Law.” Justice Rucker described his time at likeable and caring, though he made it clear to incoming students that law VUSL as a tremendous experience and praised the professors’ teaching school was a place reuiring hard work, not play. Professor artelt earned law degrees from both VUSL and ale. ver 1 alaraiso niversity chool of aw, tuents onor lunus ilert rale as te his career, Lou artelt repeatedly was honored for his teaching, including ‘Bridge Builder,’ AI A. A A., ummer 2001, at , , httscholar.valo. edulawtheamicus. being a recipient of a ale Sterling Scholarship a Rockefeller Fellowship 2 alaraiso niversity chool of aw, Forer ar aor icar atcer to Teac ourse at aw cool, AI A. AI ol. 2, o. , 1989, at , –, httscholar.valo. edulawtheamicus. ee SWRT, CTTUL HSTR F VUSL, ur note , at . alaraiso niversity chool of aw, Facult an ta ctivities, AI A. Kevin Conley, Valparaiso University School of Law, B e, TH FRUM, no. , AI ol. 8, o. 1, inter 199, at 10, 10, httscholar.valo.edulawtheamicus. Jan. , , at , .

Produced by The Berkeley Electronic Press, 2019 Valparaiso University Law Review, Vol. 53, No. 4 [2019], Art. 5 82 O T W W ol. eleri d urig in recognition of his accomlishments on behalf of minorities. he award excellence, adding “I am truly proud to be an alumnus of Valparaiso ceremony and celebration were held on the camus. Afterwards, Law School.” Rucker was appointed to the ndiana Court of ppeals radley soe about in and was its first fricanmerican udge. ight years later, Judge then Justice Rucker was elevated to the ndiana Supreme Court. he fact that I was the first AfroAmerican to graduate The gender and racial composition of the students attending VUSL in from alo aw brought bac memories of niversity the mids was predominantly white with few women. n , the resident .. retmann and aw chool ean ohn year that ruce erner and entered VUSL, our class consisted of men orland who were instrumental in my success. In fact, and woman. one were of frican descent. This was not particular to when it came to reare for eams, ean orland and VUSL, as its minority situation was similar to numerous other law schools his wife invited me to stay at their house for a wee, so he in the period. ver time, the situation changed, in part due to students could tutor me1 and faculty encouraging more diversity on campus, and in part due to a national organiation, the lack merican Law Students ssociation ichard . atcher graduated from in 199 and si years later LS. t was instrumental in encouraging minority students to attend was elected ayor of ary, Indiana. e was the first erson of African law school. descent to be elected mayor of an American city. e held the office for n the early s, VUSL students formed their own LS chapter twenty years during which he was a nationwide soeserson for African that taught minorities about VUSL and encouraged them to attend. y Americans, served as cochair of the emocratic ational onvention, , the LS chapter at VUSL had increased to fortytwo members. and served as chairerson of ev. esse acson’s campaign for President Later, VUSL students organied the Latino Law Student ssociation 2 of the nited tates. .. resident ill linton, in 199, invited ayor LLS to assist in drawing more Latinos to the school. Taken together, atcher to the hite ouse to honor the leader of outh Africa, the the numbers of female, fricanmerican, and Hispanic students famous elson andela. atcher was thrilled. increased significantly. atcher authored an article titled Te Wins o ane ublished by Good and effective teaching is necessary for a student’s later success the ohn . ennedy chool at arvard niversity. ubseuently, he in the practice of law. For decades, VUSL sought law teachers of good was aointed a arvard ellow and taught a course on American moral character with excellent academic credentials who wanted to be olitics. ater he taught a class in minority studies at Indiana niversity, teachers. The priority of good teaching has long been a hallmark of VUSL. and later still, was honored by Chicago’s Roosevelt University as the elow, describe three of my VUSL teachers and one classmate who oined recipient of “The Harold Washington Distinguished Chair.” Mayor the VUSL faculty, each of whom was awesome. atcher also served on the faculty, initially as a istinguished isitor in esidence and later as a fulltime faculty member. . Professor Louis F. artelt VUSL,

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from University of Wisconsin; the VU Alumni Association’s teaching method. Meyer persistently asked uestions in the Socratic style, istinguished eaching ard and the holder of the ouis and nna neither lecturing nor spoonfeeding. eegers ndoed hair. ou artelt also served as the V dean from very student in a firstyear law class taught by rofessor Meyer at – and again in –. ean artelt and rofessor lfred eyer times felt frustrated when coming out of class. ne firstyear student ere the to faculty members ho in appointed the original si described Meyer’s teaching style like being dumped into a mae with ero students members of the V a evie hich published for instructions on how to get out. et, students who listened carefully over years. time came to realie that rofessor Meyer was teaching them to teach themselves. . rofessor harles Gromley . rofessor Bruce Berner VUS, rofessor Gromley taught at V from through . tudents ho ere fortunate enough to have Gromley as a teacher overhelmingly rofessor Berner, from the time he began teaching at VUS in considered him their best professor and for good reasons. Gromley cared and for the ensuing fortynine years, was and remains an eceptional law about each of his students learning the la and ent out of his ay to teacher. On the basis of students’ assessments, Berner remains the best help them. is office door as alays open and he never complained law teacher in the school’s history. He has received “The Best Teacher about spending time ith students. rofessor Gromley taught la in a Award” numerous times as well as the VU Alumni Association “Teacher ay that students found accessible. of the Year” award. Over this period, Berner taught between 3700 and Gromley largely relied on the “Socratic Teaching Method” of students—more than any other member of the faculty. uestions and ansers as distinct from lecturing. Gromley demonstrated What made Berner such an awesome professor Most importantly, he the importance of learning and using analogical reasoning in addition to loved teaching law and never tired of it. Moreover, he cared about the logical reasoning. e ould discuss a case and then add or subtract a fact welfare of every student. emarkably, Berner learned their names and or to thereby turning the real case into a relational hypothetical. y remembered most of them years later. e liked students and they liked doing so he underscored ho changing facts ever so slightly can mae a him. rofessor Berner was always prepared for his classes and kept up huge difference in analying the legal problem. is teaching helped la with new developments in his subects of criminal law, criminal students better understand the importance of the various reasoning procedure, and trial advocacy. Add Burner’s energy, sharp wit, uplifting processes. smile, keen sense of humor, and positive disposition—law students Gromley also possessed an uncanny aareness of students in a couldn’t ask for more! “distractive mode,” ie notpaying attention in class. amples include But there’s more to Bruce Berner’s story. He never ceased to work for staring out a window; speaking to another student; looking at one’s watch; the wellbeing of not only the aw School but also the University. is or bowing one’s head as in catchingain. pon a student not paying contributions were staggering given the amount of time and effort attention Gromley ith a halfsmile and looing at that student ould involved. outinely, he took on responsibilities beyond VUS that calmly as “Mr. ones, (or Ms. Jones) was the court’s reasoning correct? benefitted the entire University. or eample, for a number of years he i i lie i ur erlier e Jane vs. Doe?” mbarrassment helped served as VU’s representative to the National Collegiate Athletic students realie that a good layer begins ith being a good student. Association AA; he served as chair of the VU Senate; he was chief Gromley as telling everyone in the classroom to l listen attentively udge on the VU onor ourt; he chaired several VU committees; and was and l focus on the matter at hand. part of University selfstudy programs. Moreover, rofessor Berner was active in civic affairs, which included serving the Valparaiso ark System . rofessor lfred . eyer V for over a decade and performing with the Valparaiso ommunity Theater layers. Students either liked him or didn’t. But, in either case, they all Berner starred in several musical plays that raised money for the VU admired his intelligence and legal noledge and understood he as a aw linic. is energetic performances included he irates o enance, demanding teacher. till there ere many ho ere frustrated by his

Produced by The Berkeley Electronic Press, 2019 Valparaiso University Law Review, Vol. 53, No. 4 [2019], Art. 5 Vol. eeration an Mourning from University of Wisconsin; the VU Alumni Association’s teaching method. Meyer persistently asked uestions in the Socratic style, istinguished eaching ard and the holder of the ouis and nna neither lecturing nor spoonfeeding. eegers ndoed hair. ou artelt also served as the V dean from very student in a firstyear law class taught by rofessor Meyer at – and again in –. ean artelt and rofessor lfred eyer times felt frustrated when coming out of class. ne firstyear student ere the to faculty members ho in appointed the original si described Meyer’s teaching style like being dumped into a mae with ero students members of the V a evie hich published for instructions on how to get out. et, students who listened carefully over years. time came to realie that rofessor Meyer was teaching them to teach themselves. . rofessor harles Gromley . rofessor Bruce Berner VUS, rofessor Gromley taught at V from through . tudents ho ere fortunate enough to have Gromley as a teacher overhelmingly rofessor Berner, from the time he began teaching at VUS in considered him their best professor and for good reasons. Gromley cared and for the ensuing fortynine years, was and remains an eceptional law about each of his students learning the la and ent out of his ay to teacher. On the basis of students’ assessments, Berner remains the best help them. is office door as alays open and he never complained law teacher in the school’s history. He has received “The Best Teacher about spending time ith students. rofessor Gromley taught la in a Award” numerous times as well as the VU Alumni Association “Teacher ay that students found accessible. of the Year” award. Over this period, Berner taught between 3700 and Gromley largely relied on the “Socratic Teaching Method” of students—more than any other member of the faculty. uestions and ansers as distinct from lecturing. Gromley demonstrated What made Berner such an awesome professor Most importantly, he the importance of learning and using analogical reasoning in addition to loved teaching law and never tired of it. Moreover, he cared about the logical reasoning. e ould discuss a case and then add or subtract a fact welfare of every student. emarkably, Berner learned their names and or to thereby turning the real case into a relational hypothetical. y remembered most of them years later. e liked students and they liked doing so he underscored ho changing facts ever so slightly can mae a him. rofessor Berner was always prepared for his classes and kept up huge difference in analying the legal problem. is teaching helped la with new developments in his subects of criminal law, criminal students better understand the importance of the various reasoning procedure, and trial advocacy. Add Burner’s energy, sharp wit, uplifting processes. smile, keen sense of humor, and positive disposition—law students Gromley also possessed an uncanny aareness of students in a couldn’t ask for more! “distractive mode,” ie notpaying attention in class. amples include But there’s more to Bruce Berner’s story. He never ceased to work for staring out a window; speaking to another student; looking at one’s watch; the wellbeing of not only the aw School but also the University. is or bowing one’s head as in catchingain. pon a student not paying contributions were staggering given the amount of time and effort attention Gromley ith a halfsmile and looing at that student ould involved. outinely, he took on responsibilities beyond VUS that calmly as “Mr. ones, (or Ms. Jones) was the court’s reasoning correct? benefitted the entire University. or eample, for a number of years he i i lie i ur erlier e Jane vs. Doe?” mbarrassment helped served as VU’s representative to the National Collegiate Athletic students realie that a good layer begins ith being a good student. Association AA; he served as chair of the VU Senate; he was chief Gromley as telling everyone in the classroom to l listen attentively udge on the VU onor ourt; he chaired several VU committees; and was and l focus on the matter at hand. part of University selfstudy programs. Moreover, rofessor Berner was active in civic affairs, which included serving the Valparaiso ark System . rofessor lfred . eyer V for over a decade and performing with the Valparaiso ommunity Theater layers. Students either liked him or didn’t. But, in either case, they all Berner starred in several musical plays that raised money for the VU admired his intelligence and legal noledge and understood he as a aw linic. is energetic performances included he irates o enance, demanding teacher. till there ere many ho ere frustrated by his

https://scholar.valpo.edu/vulr/vol53/iss4/5 Swygert: Celebration and Mourning: The Valparaiso University School of Law Vol. 3 eeration an Mourning

ria Jur, and he Miao.3 f this were not enough, rofessor Bruce Berner was one of only twelve VU graduates who also earned an advanced .M. degree from Yale aw chool he also was one of the members of the first boardofeditors of the aaraiso niversit aw eview. . eerating the ega inics an uic nterest aw Among all American law schools, VU has been at the forefront of pursuing public interest law and developing legal clinics that were designed to assist indigents and correct inustices. n , VU started its first legal aid program, whereby VU and the U.. istrict Court for the Northern istrict of ndiana Hammond combined resources to assist indigent criminal defendants in federal courts. The program used VUsupervised law students who assisted U.. Courtappointed lawyers in representing the indigents. U.. istrict udge eorge Beamer and VU rofessor ichard tevenson oversaw the oint proect. The ederal CourtVU legal aid program resulted from a 3 U.. upreme Court decision in the case of ieon v. “Law and the Poor” clinic ainwright. n that case, a unanimous upreme Court held that the — Constitution under the ourteenth Amendment reuires that any — defendant in a criminal proceeding who cannot afford an attorney has the VUSL faculty. His goal was to start an additional clinic dealing with “Law right to reuest one, not only for his trial but also for any appeal that may and the Federal Courts” concurrent with a new class called “Federal 37 follow. At that time, only of 0 law schools in the U.. reuired a Courts.” As Professor Moskowitz put it, VUSL was the first t 3 practice or clinical course. The VU oint legal aid program, together cassroo courses cinic cases with the ederal Court in Hammond, may have been the first of its kind in the United tates resulting from the ieon v. ainwright mandate protecting indigents in criminal prosecutions. A few years later, the VU clinical program was considerably epanded due to the efforts of eymour y Moskowit, a Harvard aw chool graduate from New York City. rom the outset, Moskowit was During the early years, the VUSL Clinic’s clients were sparse, but in an attorney with a mission helping poor and disenfranchised people. To that end, y oined the ary, ndiana, egal Aid Center as a staff attorney. Over time, attorney Moskowit befriended several VU faculty members Clinic’s outreach programs have he and VU officials. This was useful when he successfully convinced VU and VU officials to start an inhouse clinical program, one that would use fulltime professors to supervise students in the clinic while teaching related courses. The concept was great, but outside financing would be needed. Moskowit went to work. paraphrase his letter as follows

3 ee YT, CONTTUA HTOY O VU, sura note 7, at 30–. 37 ideon v. ainwright, 37 U.. 33 3. 3 ee OBT TVN, A CHOO A UCATON N AMCA OM TH 0 TO ao aw inic ers ita ounit ervice TH 0, – .

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3 ee YT, CONTTUA HTOY O VU, sura note 7, at 30–. 37 ideon v. ainwright, 37 U.. 33 3. 3 ee OBT TVN, A CHOO A UCATON N AMCA OM TH 0 TO ao aw inic ers ita ounit ervice TH 0, – .

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children’s welfare. The students also worked with the Indiana racial integration of the Indiana State olice—a large step forward for Department of elfare in assisting families having problems. euality under the ourteenth Amendment of the onstitution.

. ro ono uic ervice he tor o a oung o VII. ABA’S ISTI R URI T LRATI

A lawyer’s body tingles when he or she successfully represents, on a Up to this point, this ssay’s theme has celebrated the distinctieness pro bono basis (no lawyer’s fees), a client who has been mistreated and/or and special irtues of our yearold VUSL. This small law school’s suffered an inustice. he widely publicized story below concerns a young model was neer seriously challenged, at least not in a manner that would boy who needed legal help. His name was yan hite. From an early change its course and threaten its future, until, that is, the fall of . age, yan had hemophilia a rare blood disorder that can reuire periodic That’s when a combined team of inspectors from the AA Section on Legal blood infusions. hen yan hite was thirteen, he contracted ADS ducation and Admissions to the ar and the Association of American from an infusion of ADScontaminated blood. ecause he had developed Law Schools (AALS) came to the campus for its periodic, onceeery AIDS, Ryan’s school prohibited him from returning. seenyears, inspection. It was the beginning of an eightyear Hearing of Ryan’s plight, two VUSL graduates—Charles . Vaughan transformatie process for VUSL. After the report was made official, VU the father and Charles V. Vaughan his son—volunteered on a pro bono and its law school were in a corner. Would VUSL hae to be shut down basis to challenge the boy’s exclusion (tantamount to expulsion) from Was there any way to comply effectiely with the AA demands any school. nitially, Charles . Vaughan prevailed in court yan was at VU thought so, but many more were mourning other possibilities. ut permitted to return to school. ut, not so fast parents of several other after seeral years and ery generous alumni, blue skies pushed the dark students in Ryan’s class went to court and filed appeals that Ryan, again, clouds away, and the little VUSL rose from students to close to , be prohibited from returning to school. At this point, yan spoke to his and its original building of , suare feet was replaced by a new one attorney “Don’t give up Mr. Vaughan.” He didn’t. The father and son haing , suare feet and an additional , suare feet resered for worked together, and their efforts prevailed—yan was free to return to future expansion. oreoer, after years where the Uniersity had to class. he eoneration of yan hite through pro bono representation subsidie the Law School, the Law School began to make a profit. resulted in ustice and reason prevailing over fear and preudice. VUSL The inspectors found “serious deficiencies” in reference to the VUSL faculty and students share a culture of caring about people in distress. library, physical facility, and program of legal education. The list went Ryan White’s story is a wonderful example to celebrate. on. uoting from the report “‘ar too much time in each faculty n August , Hurricane atrina, one of the most destructive meeting is consumed by attention to detail, especially student reuests of natural disasters in U.S. history, slammed the greater ew rleans region. arious types.’ . . . The faculty members were spending far too much VUSL Law Professor Derrick Carter was aware that the legal system in effort on student concerns, and not enough on scholarly research and ew rleans was overwhelmed—that it could take years to sort it out. writing.” Carter got the idea that, during spring breaks, he could take as many as Regarding Wesemann Hall, the inspectors found the building “barely eight law students each year to ew rleans. he plan was well thought adequate for [the law school’s] current program and definitely inadeuate out, and it was a success. Professor Carter supervised the VUSL students for the future.” The AA officials belieed the problems could be in their providing pro bono assistance to Louisiana public defenders in resoled, but there were not the financial resources to do the ob. The cases that had accumulated due to the aftermath of atrina especially the report made it clear that lack of money “‘presented a great problem for flooding. ears earlier when Derrick Carter was a VUSL student, he this law school.’ . . . The Law School neither had, nor reasonably could worked with Professor van odensteiner on a lawsuit that resulted in the obtain, the leel of financial resources belieed reuired to proide a

mail from arbara Schmidt to Michael Swygert Mar. , on file with author. ee S, CUAL HS F VUSL, sura note , at . . ee SWRT, TTUAL HISTR VUSL, upra note , at (uoting the AA Valparaiso University School of Law, in the ai, ALUM MA. H AMCUS Vol. inspection report). , o. , Summer , at , . . (uoting the AA inspection report).

Produced by The Berkeley Electronic Press, 2019 Valparaiso University Law Review, Vol. 53, No. 4 [2019], Art. 5 Vol. eeration an Mourning children’s welfare. The students also worked with the Indiana racial integration of the Indiana State olice—a large step forward for Department of elfare in assisting families having problems. euality under the ourteenth Amendment of the onstitution.

. ro ono uic ervice he tor o a oung o VII. ABA’S ISTI R URI T LRATI

https://scholar.valpo.edu/vulr/vol53/iss4/5 Swygert: Celebration and Mourning: The Valparaiso University School of Law V V V [ol. eeration an Mourning

sound legal education . . . within the standards of approal as construction of a new comple. ears later Schnabel told how the U promulgated by the ABA.” Board of Directors “led by the strong leadership of undergraduate and law The choices were bleak. was operating far oer its budget and alumni like erbert Stride and ichard uesenberg determined that was receiing a roughly , annual subsidy from the niersity. ways must be found to meet the demands of the ABA and AALS.” They This assumed continued an enrollment around students. A found the ways. Adolph and anet Schnabel gave the largest single gift second choice was for and to begin preparing for a much larger million. By the time construction on the . million new esemann school that could accommodate between to students. The ABA all began in a large portion of the required funds had been raised. had made it clear, had to hae a much larger and uptodate law n September the squarefoot building opened with an school facility, a building that would likely cost millions of dollars. ot additional square feet set aside for future epansion. surprisingly, many officials and board members were stunned and Paraphrasing USL Assistant ean Curtis Cichowski The new believed that the University’s only option was to close down the School of building made a radical difference not only in terms of space but also aw. perhaps more significantly to the entire “personality” of the Law School. ice resident ohn trietelmeier wrote resident Robert chnabel The School had been magically transformed into a fullservice law school. “Crisis is a turning point in a lifeordeath situation. ltimately, the The new library was larger than the entire original esemann all Board, acting in light of the best adice it can get . . . will hae to decide faculty office space had tripled classrooms seated students which it shall be for the aw chool ‘life or death.’” n response, compared with rooms seating the new esemann had over President Schnabel quickly put together a “Law School Task Force” to square feet and eventually over square feet following further thoroughly analye the situation, consider and assess options, and report epansion compared with the original’s nearly . The new structure back to the Board of irectors. Task orce members included ndiana had more space for interview rooms computer laboratories student oernor tis Bowen, ice resident ohn trietelmeier, and aw lounges a faculty lounge placement services financial aid admissions chool ean harles A. hren r. The hierarchy and board members offices alumni relations and additional offices for deans administrative praised the work of the Task orce, commending “the industriousness and support faculty and staff. professionalism of ean hren in gathering data and deeloping arious The new esemann all was a success. By the time the structure was options to be considered.” ne thing the ABA and did agree upon one year old the incoming class of consisted of law students well if it were possible to meet the ABA demands, would need millions on the way to the USL threeyear enrollment goal of – students of dollars and a great amount of time. that the ABA had declared was required for financial sustainability. U and USL had accomplished what seemed impossible nine years earlier— . HT AR A . ATR, A W WA HA a complete transformation into a fullservice mediumsied law school. B A R AW H ver the net two decades the school flourished a period that has been described as its golden age. But then starting around the legal ortunately, the ABA was willing to gie and sufficient time profession and legal education faced rapidly changing circumstances that to organie a fund drie to pay the cost, or a large part of it, for a mammoth impacted not only USL but also all accredited law schools to some new facility. resident chnabel worked closely with law school eans degree or other. As of this writing at least seven law schools have had to hren, eyer, coern, and Bodensteiner, along with the ABA officials, close or are in the process of doing so USL being one. ther law schools from through , oerseeing the planning, fund raising, and

apaign or hoo o a nera alparaiso University School of Law Alumni ews ct. . ee ao ST CTTUAL ST F USL upra note at – . obert . Schnabel President meritus alparaiso Univ. Tribute to Charles A. hren . quoting the ABA inspection report. ay twopaged typed document on file in alparaiso University Archives. . at footnote omitted. Curtis Cichowski he e hoo o a ear an oing trong ALU A. etter from ohn trietelmeier, ice resident, alparaiso ni., to Robert chnabel, T ACUS ol. o. at . resident, alparaiso ni. an. , on file in the inutes of the alparaiso niersity ee alparaiso University School of Law tatiti on irtear a hih nroe on Board of irectors. ug. T FU no. Sept. at .

Produced by The Berkeley Electronic Press, 2019 Valparaiso University Law Review, Vol. 53, No. 4 [2019], Art. 5 V V V [ol. eeration an Mourning sound legal education . . . within the standards of approal as construction of a new comple. ears later Schnabel told how the U promulgated by the ABA.” Board of Directors “led by the strong leadership of undergraduate and law The choices were bleak. was operating far oer its budget and alumni like erbert Stride and ichard uesenberg determined that was receiing a roughly , annual subsidy from the niersity. ways must be found to meet the demands of the ABA and AALS.” They This assumed continued an enrollment around students. A found the ways. Adolph and anet Schnabel gave the largest single gift second choice was for and to begin preparing for a much larger million. By the time construction on the . million new esemann school that could accommodate between to students. The ABA all began in a large portion of the required funds had been raised. had made it clear, had to hae a much larger and uptodate law n September the squarefoot building opened with an school facility, a building that would likely cost millions of dollars. ot additional square feet set aside for future epansion. surprisingly, many officials and board members were stunned and Paraphrasing USL Assistant ean Curtis Cichowski The new believed that the University’s only option was to close down the School of building made a radical difference not only in terms of space but also aw. perhaps more significantly to the entire “personality” of the Law School. ice resident ohn trietelmeier wrote resident Robert chnabel The School had been magically transformed into a fullservice law school. “Crisis is a turning point in a lifeordeath situation. ltimately, the The new library was larger than the entire original esemann all Board, acting in light of the best adice it can get . . . will hae to decide faculty office space had tripled classrooms seated students which it shall be for the aw chool ‘life or death.’” n response, compared with rooms seating the new esemann had over President Schnabel quickly put together a “Law School Task Force” to square feet and eventually over square feet following further thoroughly analye the situation, consider and assess options, and report epansion compared with the original’s nearly . The new structure back to the Board of irectors. Task orce members included ndiana had more space for interview rooms computer laboratories student oernor tis Bowen, ice resident ohn trietelmeier, and aw lounges a faculty lounge placement services financial aid admissions chool ean harles A. hren r. The hierarchy and board members offices alumni relations and additional offices for deans administrative praised the work of the Task orce, commending “the industriousness and support faculty and staff. professionalism of ean hren in gathering data and deeloping arious The new esemann all was a success. By the time the structure was options to be considered.” ne thing the ABA and did agree upon one year old the incoming class of consisted of law students well if it were possible to meet the ABA demands, would need millions on the way to the USL threeyear enrollment goal of – students of dollars and a great amount of time. that the ABA had declared was required for financial sustainability. U and USL had accomplished what seemed impossible nine years earlier— . HT AR A . ATR, A W WA HA a complete transformation into a fullservice mediumsied law school. B A R AW H ver the net two decades the school flourished a period that has been described as its golden age. But then starting around the legal ortunately, the ABA was willing to gie and sufficient time profession and legal education faced rapidly changing circumstances that to organie a fund drie to pay the cost, or a large part of it, for a mammoth impacted not only USL but also all accredited law schools to some new facility. resident chnabel worked closely with law school eans degree or other. As of this writing at least seven law schools have had to hren, eyer, coern, and Bodensteiner, along with the ABA officials, close or are in the process of doing so USL being one. ther law schools from through , oerseeing the planning, fund raising, and

https://scholar.valpo.edu/vulr/vol53/iss4/5 Swygert: Celebration and Mourning: The Valparaiso University School of Law V V V ol. 019] eleration and Mourning 3

hae either merged or hae been taen oer by others. oreoer law the ABA process had been used to inflate the monetary benefits for law school scholars predict that within a few years another twenty or more faculty. additional law schools are liely to close. e now turn to why SL had n 00, eleven years after the 1995 consent decree, the epartment of to close after years of its distinctie and productie eistence. ustice again filed in the .. istrict ourt for the istrict of olumbia a civil contempt charge against the ABA for violating provisions of its . LS S SL L LSS earlier 199 antitrust consent decree (agreement). Again the ABA admitted fault and agreed to pay the government 15,000, a slap on the eturning to the – BLS inspection of SL recall that wrist.5 for SL to retain its accreditation it had to build a much larger law Then there’s the underserved, irrational influence that the S ews school building add many more faculty members increase the number of orld eort’s annual law school ranings have had on prospective law staff and increase the number of students from to . he B students—effectively taing away a more rational, decisional process. ommittee on Legal ducation and dmissions to the Bar consisting he impact of S ews orld eort’s yearly ranings, many believe, primarily of law school deans and professors reuired all law schools to has been a growing, maor influence on which schools prospective law comply with its increasingly rigorous set of reuirements and rules that students choose to apply to, though the magazine’s matrix is arbitrary. In effectiely standardied all law schools maing it difficult to be 1977, more than 10 lawschool deans (out of 179 ABAapproved law innovative. What this suggests is that America’s ABA accredited law schools) signed an open letter to all prospective law students: schools for decades hae not really been competing against each other but are part of a cartel. A raning system that eemplifies the shortcomings of all Law professor arry irst was a noted scholar of antitrust law and in “by the numbers” schemes is the one produced annually 1979 published a paper on how American law had become a cartel: “A by S ews orld eort. . . . The “weights” attached cartel of competitors tends ineitably to eliminate the differences between to the variables are arbitrary and reflect only the view of them and in so doing to become increasingly detailed in its code of self the magazine’s editors. . . . As the deans of schools that goernment. his bureaucratization clips the spurs of innovation.” range across the spectrum of several rating systems, we hen in the proof was in the pudding .S. Department of ustice strongly urge you [prospective students] to minimize the files antitrust suit against aba for misusing the process for accrediting law influence of ranings . . . .59 schools in a scheme to raise faculty salaries. he goernment complaint was that the B had intentionally oer time misused its law school ndeed, many factors have contributed to the crisis in legal education. accreditation process “to inflate law faculty salaries while doing little to o help the reader sort this out, recommend a boo titled ailing Law ensure the quality of legal education.” he B, “t]he world’s largest Schools, by rofessor Brian . amanaha of Washington niversity chool professional organization [] representing some 370,000 lawyers” (in 1995), of aw. rofessor William enderson of ndiana niversity aurer signed a consent decree with the .S. Department of ustice to the effect School of Law describes Professor Tamanaha’s book as “the definitive that it had iolated federal antitrust laws through its law school account of ust how out of balance the eisting model of legal education accreditation process. oel lein a .S. Deputy ttorney eneral said has become.”0 Another of the maor outofbalance dynamics in the great fall is the federal studentloan program: ee S L S SL upra note at –. arry irst opetition in the ega uation nutr ... L. . . ee ress elease utie Departent an erian ar oiation eove harge that the ABA’s Process for Accrediting Law Schools was Misused .S. D’ S. une 5 ress elease, ustice eartent Ass ourt to old Aerican Bar Association in iil httpswww.ustice.goarchieatrpublicpressreleases.pdf ontet .. ’ . (une 3, 00), https:www.ustice.govarchiveatrpublic httpsperma.ccSD Debbie oldberg ette ntitrut ae ver pressreleases0010.pdf [https:perma.cc53B]. ertiing a hoo S. S une httpswww.washingtonpost.com 59 . A, AW BBB: A 15 (Basic Boos 01) archiepoliticsabasettlesantitrustcaseoercertifyinglawschoolse (013). dabfbdbedutmterm.fbbca httpsperma.cc 0 BA . AAAA, A AW , bac cover (01) (quoting William . enderson, ndiana aurer chool of aw) [hereinafter AAAA, A AW oldberg upra note . ].

Produced by The Berkeley Electronic Press, 2019 Valparaiso University Law Review, Vol. 53, No. 4 [2019], Art. 5 V V V ol. 019] eleration and Mourning 3 hae either merged or hae been taen oer by others. oreoer law the ABA process had been used to inflate the monetary benefits for law school scholars predict that within a few years another twenty or more faculty. additional law schools are liely to close. e now turn to why SL had n 00, eleven years after the 1995 consent decree, the epartment of to close after years of its distinctie and productie eistence. ustice again filed in the .. istrict ourt for the istrict of olumbia a civil contempt charge against the ABA for violating provisions of its . LS S SL L LSS earlier 199 antitrust consent decree (agreement). Again the ABA admitted fault and agreed to pay the government 15,000, a slap on the eturning to the – BLS inspection of SL recall that wrist.5 for SL to retain its accreditation it had to build a much larger law Then there’s the underserved, irrational influence that the S ews school building add many more faculty members increase the number of orld eort’s annual law school ranings have had on prospective law staff and increase the number of students from to . he B students—effectively taing away a more rational, decisional process. ommittee on Legal ducation and dmissions to the Bar consisting he impact of S ews orld eort’s yearly ranings, many believe, primarily of law school deans and professors reuired all law schools to has been a growing, maor influence on which schools prospective law comply with its increasingly rigorous set of reuirements and rules that students choose to apply to, though the magazine’s matrix is arbitrary. In effectiely standardied all law schools maing it difficult to be 1977, more than 10 lawschool deans (out of 179 ABAapproved law innovative. What this suggests is that America’s ABA accredited law schools) signed an open letter to all prospective law students: schools for decades hae not really been competing against each other but are part of a cartel. A raning system that eemplifies the shortcomings of all Law professor arry irst was a noted scholar of antitrust law and in “by the numbers” schemes is the one produced annually 1979 published a paper on how American law had become a cartel: “A by S ews orld eort. . . . The “weights” attached cartel of competitors tends ineitably to eliminate the differences between to the variables are arbitrary and reflect only the view of them and in so doing to become increasingly detailed in its code of self the magazine’s editors. . . . As the deans of schools that goernment. his bureaucratization clips the spurs of innovation.” range across the spectrum of several rating systems, we hen in the proof was in the pudding .S. Department of ustice strongly urge you [prospective students] to minimize the files antitrust suit against aba for misusing the process for accrediting law influence of ranings . . . .59 schools in a scheme to raise faculty salaries. he goernment complaint was that the B had intentionally oer time misused its law school ndeed, many factors have contributed to the crisis in legal education. accreditation process “to inflate law faculty salaries while doing little to o help the reader sort this out, recommend a boo titled ailing Law ensure the quality of legal education.” he B, “t]he world’s largest Schools, by rofessor Brian . amanaha of Washington niversity chool professional organization [] representing some 370,000 lawyers” (in 1995), of aw. rofessor William enderson of ndiana niversity aurer signed a consent decree with the .S. Department of ustice to the effect School of Law describes Professor Tamanaha’s book as “the definitive that it had iolated federal antitrust laws through its law school account of ust how out of balance the eisting model of legal education accreditation process. oel lein a .S. Deputy ttorney eneral said has become.”0 Another of the maor outofbalance dynamics in the great fall is the federal studentloan program: ee S L S SL upra note at –. arry irst opetition in the ega uation nutr ... L. . . ee ress elease utie Departent an erian ar oiation eove harge that the ABA’s Process for Accrediting Law Schools was Misused .S. D’ S. une 5 ress elease, ustice eartent Ass ourt to old Aerican Bar Association in iil httpswww.ustice.goarchieatrpublicpressreleases.pdf ontet .. ’ . (une 3, 00), https:www.ustice.govarchiveatrpublic httpsperma.ccSD Debbie oldberg ette ntitrut ae ver pressreleases0010.pdf [https:perma.cc53B]. ertiing a hoo S. S une httpswww.washingtonpost.com 59 . A, AW BBB: A 15 (Basic Boos 01) archiepoliticsabasettlesantitrustcaseoercertifyinglawschoolse (013). dabfbdbedutmterm.fbbca httpsperma.cc 0 BA . AAAA, A AW , bac cover (01) (quoting William . enderson, ndiana aurer chool of aw) [hereinafter AAAA, A AW oldberg upra note . ].

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Though well intended, the program has devastating Campos concluded: “The status quo in American legal education has conseuences for many students. . . . Law schools, finally, becoe unsustainable.”6 are failing society. hile raising tuition to astronomical “Law Schools Are Losing Billion Annuall in uition,” so wrote heights, law schools have slashed needbased financial author and researcher aren oan, a speciaist in deveopents in ega aid, thereby erecting a huge financial entry barrier to the education.66 Sloan’s article is a synopsis of a 2018 research study by three legal profession. Increasing numbers of middle class and acadeicians Bernard Bur, retired aw professor fro the niversity of poor will be dissuaded from pursuing a legal career by orth aroina eroe rgan, aw professor at t. hoas niversity the frighteningly large price tag. and a asie, econoics professor at Due niversity.6 ne of the dynaics that the Burrganasie report focuses on is the strategy of Tamanaha declares that law schools chase after prestige and revenue aw schoos shifting tuition incoe fro students with financia needs to without regard for the conseuences. highercredentia students who ay not uaify for any financia need. onfirmation of the frighteningly large cost of legal education comes Discounting tuition under these circumstances is tantamount to “buying” from niversity of olorado law professor Paul ampos in his book, he students at great cost. his practice substantially reduces a school’s risis of the Aerican Law Schools, in which he writes tuition revenues. hat infuenced schoos to discount tuitions is an eniga. ne reason ay be they want to protect their S ews ranings. Private law school tuition increased by a factor of four in t is copicated. real inflationadusted terms between and , nother factor ipacting net revenue of aw schoos has been the while resident tuition at public law schools has nearly epansion of eperientia teaching, especiay cinica education where the uadrupled in real terms over the past two decades. studentfacuty ratio is uch ower than it is in cassroo teaching. hen eanwhile, for more than thirty years, the percentage of there are nubers fro the 1990s through the eary years of the 2000s, the merican economy devoted to legal services has been the tota nuber of aw students enroing in erican aw schoos grew shrinking. In the legal sector accounted for . in part due to enarging the schoos and in part due to the opening of new percent of the nation’s GDP. By 2009, that figure had aw schoos. he ong decine in aw schoo enroent began around 2009 shrunk to . percent—a percent decrease. at the botto of the Great ecession and continued through 201. arge . . . The ongoing contraction in the employment aority of aw schoos eperienced the pain of faing tuition. market for new lawyers has combined with the Then there is the issue of a law school’s location. Within a 150ie continuing increase in the cost of legal education to radius of aparaiso, ndiana, there were (unti recenty) tweve B produce what many now recognize as a genuine crisis for accredited aw schoos, si of which were in hicago. Besides aparaiso both law schools and the legal profession. niversity, the others were niversity of hicago, orthwestern niversity, niversity of otre Dae, oyoa niversity, DePau The ampos study includes charts showing the exponential increases in niversity, hicagoent (inois nstitute of echnoogy), ohn arsha tuition over time. e analyzes both private and public law schools as aw choo (soon to be taen over by the niversity of inois at hicago), groups and also specific schools. ne is arvard Law School. In , aruette niversity, orthern inois niversity, niversity of inois Harvard’s tuition was $12,386 per year but today (2019) is $63,800. (rbanahapaign), and, unti recenty, ndiana ech niversity. s of this writing, ndiana ech aw choo has cosed ohn arsha aw choo has been taen over by the niversity of inois at hicago and d at xiii. d at x. Paul ampos, he risis of the Aerican Law School, . I. .L. , – 6 apos, risis of Aerican Law School, sura note 63, at 222. hereinafter ampos risis of Aerican Law School footnotes omitted. See also Paul 66 aren oan, Stud inds Law Schools Are Losing Billion Annuall in uition, ampos, Legal Studies esearch Paper Series uly , niv. of olo. Law Sch. orking . (ct. , 2018), httpwww.aw.co2018100studyfindsawschoosare Papers –. osing1biionannuayintuition httpspera.cc8. See ampos risis of Aerican Law School, sura note , at . See also ost of 6 See Bernard . Bur, eroe . rgan a B. asie, oetitie oing Strategies Attendance, . L. S. , httphls.harvard.edudeptsfsfinancialaidpolicy in the Aerican Legal Acade An irical Stud, 19 . .. (forthcoing 2019), overviewstudentfinancialaidbudget httpsperma.cc. httppapers.ssrn.coso3paperscfabstractid3239.

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S is in the process of closing. oreoer, seeral other schools within coming wisdom of hindsight—that my eight years at alparaiso the radius are haing financial problems. niversity were the best. I so remember how many and S To be sure, the law school crisis has impacted law schools in arious professors and students volunteered to help the disadvantaged, the ways and to arious degrees. The elite also called the top 1 schools hae disenfranchised, the poor, and the discriminated against on bases of race, had the least negatie repercussions, while the lowest tier roughly 50 law religion, gender, seual orientation, and nationality. In all my years of schools hae had the greatest negatie consequences. t could fairly be teaching at various universities, and my year at ambridge, I have never said that the crisis in legal education has many bottom lines, but the one witnessed the degree and intensity of a university community as acting that follows may be the most apropos. Steen arper noted aboe hit a out the iblical commands of reaching out with goodness in your heart, of nerve when he wrote: “The cynical secret is that these schools are being my brother’s keeper, as I witnessed during my eight years at , enrolling far too many students who won’t graduate, will fail to pass the five as a student and three on the faculty. bar, or are unliely to get a Drequired ob that pays enough to retire their In , when I graduated from VUSL, the law school’s faculty staggering law school debts.”8 Also, we must tae into consideration that consisted of ten men: ou artelt, l eyer, urton echsler, ames the crisis of legal education, in part, resulted from significant changes Savage, ic Stevenson, harles Gromley, arshal o, ac Hiller, lan within the legal profession, particularly in reference to a downward trend orrisson, and ol. ones. arning efore getting to the heart of this that began about ten years ago. ndiana niersity law professor ssay, here’s my onesentence biography. pon graduating from S Henderson notes: “For years prior to the Great Recession, lawyers were I went to ale for an .., then practiced two years in hicago before doing well and the profession was able to achiee success while practically accepting an offer to oin the S law faculty where I stayed three years on autopilot, but that period is fading. ow the profession will hae to before moving to eaul niversity aw School in hicago eight years, reinvent itself.” then finishing up at Stetson ollege of aw in Florida twentyseven years while, in the meantime, visiting on law faculties at Notre ame, ATWD ae Forest, eaul, and mory, and being a lawscholarinresidence at ambridge niversity. So what you may as. end this ssay by sharing a bit of my own and S story. n ecause I wish to underscore that from , when I entered the law 12, enrolled at as an undergraduate maoring in oernment. profession and legal education, through the time I retired fortytwo years was blessed with ecellent teachers, especially Albert Wehling, ictor later in , from my perspective I was never connected with a finer law offman, and e. dger Senne. was fortunate to get to now school—both as a student and as a faculty member—than my alma mater, baseball coach Walter einer. e spent most of his life assisting people in the alparaiso niversity School of aw. Not one of the seven other law need, including creating organiations designed to assist poor people. or schools I have been affiliated with came close to the “specialness” of eample, einer and e. Senne established an organization at “Hilltop S. I often thin bac to those eight years I was at and S. I Neighborhood House” where volunteers provided child and health care cherished the uality of the teaching, the closeness and camaraderie of the for those in need within the alparaiso, ndiana, community. faculty and students, and the culture of care and giving. ver several To me, Coach einer and e. Senne are representatie of all the men years of my career, I pushed bac some of my S memories, but now and women eer associated with either or S who cared, reall being retired, I no longer uestion that in my career the best came first. I cared, about the wellbeing of their fellow human beings and acted out of have no regrets, but I am fully aware of how much I received from my loe and empathy. n my opinion, S proportionately had more years at and S. women and men who fit that let’sdoit caring model than any of the other Today, lie many of you readers are, I am trying to cope with the seven universities with which I was associated. I don’t mean to put down closing of our alparaiso niversity School of aw. ur mourning is real, those institutions, only wish to underscore—with the typically late yet necessary. ourning enables us to move on by focusing more on what we have gained and hopefully passed on to others. The lessons of life and 8 A, sura note 5, at 212. law are still within us. arilyn dendahl, enderson Sure eeals Signs of undaental hange in the Legal nderstandably, many people may be confused and angry over the Profession, T D. AW. Dec. 2, 2015, http:www.theindianalawyer.comarticles885 hendersonsureyreealssignsoffundamentalchangeinthelegalprofession closure. Hopefully these feelings will morph into mourning, and from https:perma.cc8.

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mourning to acceptance, and from acceptance to celebration—not of the closing but of knowing that the knowledge and values instilled in us at VU and VUSL remain ecause, in the end, we celebrate not only what is good and here today but also what was good but gone In short, we may acknowledge the parameters of mourning and celebration as being connected and inevitable

M A LBA LS ALPAAS S SL LA S AAS SS AS AMSAS A S

SSI

I hope this ssay has helped readers understand the contet in which the Valparaiso University School of Law is closing and why Valparaiso University officials under the circumstances had no viable choice I believe that the closure of our beloved law school in no way is related to what VU did or did not do Law schools, like people, do not have full control of their destinies. That’s in another realm.

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