Fall 1999 1 FEATURE STORY

ALUMNI LAWNEWS

FALL 1999

19781978 TheThe “New”“New” 18891889 PatteePattee HallHall 19281928 FraserFraser HallHall BuildingBuilding

2001 The “New Addition”

The Dean’s Perspective

n the last issue of the Law Alumni News, we featured several aspects of the emerging curriculum at the Law School, and underscored the importance of public law and the distinguished faculty Iwho teach in the public law curriculum.We noted that students should view the curriculum from the viewpoint of a seamless web from theory, to doctrine, to skills development, to application of law in the context of clinical education, to how law is actually practiced today. In this issue, we describe a new interdisciplinary approach to the study of law and public policy questions.Those who practice law today know that with the explosion of legal information, technology, and the internationalization of law, the lawyer, judge, and public policy analyst must have the capacity, interest, and understanding of the interdisciplinary nature of how law is evolving and changing all of our lives. In addition to expanding our existing Joint Degree Programs with the Humphrey Institute of Pub- lic Affairs and the Carlson School of Management, the Law School has launched a new Joint Degree Program in Law, Health, Life Science and Biotechnology. Each of these areas is directly connected with the explosion of practice in the field of intellectual property law. In Minnesota and throughout the University, this Law School will take a leadership role in these interdisciplinary connections.Together with our new Affiliated Faculty, we are excited about the integration of interdisciplinary studies to the strong curriculum already in place at the Law School.

Dean E. Thomas Sullivan Further, a curriculum that looks to the future is essential for a leading law school. Indeed, as we announce at Homecoming on October 29–30, the public phase of the Law School’s Capital Cam- paign, we also consider how the Law School Building, itself, is able to adapt to new technologies and new areas of study.“Campaign Minnesota:The Law School’s Next Century,” the capital campaign for the Law School, will strive to expand the physical boundaries of the Law School in order to accommodate the rapidly growing dynamic curriculum and research interests of the faculty. The cover of this issue of the Law Alumni News features the three Law School buildings that have housed the academic legal program for 112 years.The Law School moved into Pattee Hall in 1889, one year after the commencement of legal studies at the University. For 39 years Pat- tee Hall served the Law School during the early foundations of building a great Law School. In 1928, the Law School moved to Fraser Hall where it remained for 50 years. In January of 1978, the “new Law School” building was built to accommodate the modern contemporary curriculum.A centerpiece of the Capital Campaign will be an addition to the present “new Law School” building. In reality, it will be Phase II of the plan developed nearly 25 years ago to build the “new Law School” building.At that time, the Legislature ordered that the building be built in two phases since the initial cost estimates, in the Legislature’s view, were too expensive. Now some 22 years later, we hope to fin- ish that marvelous design and create new space for the Law School of the 21st Century. During the month of October, the architectural and general contractor selection will be made, with plans to commence construction in early Spring.After several years of careful review, we believe that the new space, together with the integration and redesign of the present Law School building, will permit us to have a state of the art complex for approximately $8 million in construction costs.We are exc ited.As we have the opportunity at Homecoming and thereafter to share these exciting plans with the alumni/ae and friends of the Law School, we hope you, too, will be impressed with the opportunities that the Captial Campaign, including the building addition, will provide the Law School. We think you will share our enthusiasm when you see the wonderful architectural rendering which completes the original design o f the Law School.The new addition will bring symmetry and harmony to the functionality of the present building as well as to enhance the building’s design.The architecture and geometry of the building are as important to our Law School as are the functionality and practicality of our dynamic programmatic initiatives within the building.

The new space will provide: • new offices for the now 30-plus student activity groups, adjunct faculty, permanent faculty. • a new student-faculty commons area on two levels designed for interaction and dining among faculty members and students. • a stunning new Rare Book Room for scholars’ access to our world-renowned rare book collection. • a new multi-media information technology center. • office suites for our important and growing research centers and our new Joint Degree Program.

The success of our Capital Campaign will permit us to continue to compete for the best law students and to recruit and retain a stellar faculty, the hallmarks of the Minnesota Law School. We hope you’ll continue to be a partner with the Law School throughout “Campaign Minnesota:The Law School’s Next Century.” E.Thomas Sullivan Dean and William S. Pattee Professor of Law ALUMNI LAWNEWS Dean E.Thomas Sullivan Contents Editor Terri Mische IFC The Dean’s Perspective Editorial Assistance G. Mickelene Garnett Carl Johnson 2 Feature Story: Casting a Wide Net: Interdisciplinary Studies at Contributing Writers the Law School Priscilla Crary 6 Robert Levy Sharon Reich 6 Faculty Essay: Paula Swanson Eco-Pragmatism: Environmental Regulation for Tricia Baatz Torrey Susan Wolf the New Century

Photographers 10 Faculty Research and Development Carl Johnson Dan Kieffer Tim Rummelhoff 15 Law School News and Events 21 The rendering of the new Law School addition on the cover was provided courtesy of Leonard Parker Associates. 22 Commencement 1999

Designer 30 Distinguished Alumni Jennifer Kaplan

34 Class Notes The Law Alumni News magazine is published twice a year, in April and October, by the Univer- sity of Minnesota Law School Office of Alumni Relations and Communications.The magazine is 41 In Memoriam one of the projects funded through the member- 22 ship dues of the Law Alumni Association.

Correspondence should be addressed to the Edi- tor, Office of Alumni Relations and Communi- cations, University of Minnesota Law School, 229-19th Avenue South, Minneapolis, MN 55455-0444.

The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities and employment without regard to race, color, creed, religion, national ori- gin, sex, age, marital status, disability, public assis- 42 tance status, veteran status or sexual orientation.

Law Alumni News / Fall 1999 1 FEATURE STORY

Casting the Wide Net: Interdisciplinary Studies at the Law School —by Tricia Baatz Torrey

ost of us of a certain age and scholars who write and teach in the wrestle to the ground problems like how remember seeing, as children, areas connected to law.” to protect people’s privacy in the era of Man animated film that began genetic information, what kind of patent with a boy fishing in a boat, zoomed into The Dean added “When a student is rights should exist in the era of genomics, a view of his molecular structure and exposed to a broader and deeper curricu- and how do you protect the environment then out again to the edges of our uni- lum, that student is going to be better adequately while encouraging human verse, presenting us, within a few educated...We must continue to educate industry and activity.Those are unavoid- moment’s time, with an ultimate, mind- well-rounded, well-grounded generalists, ably interdisciplinary problems. A law boggling concept of “big and small,” the because, it turns out, that the most impor- degree doesn’t quite get you there in coexistence and interrelatedness of all tant skill a lawyer has is his or her judg- terms of equipping you to handle those matter and substance.Analogous to this is ment, and that comes from a well-round- problems and devise an answer, nor does a world at once made small by technol- ed educational experience.” a science degree.You need both.You need ogy and internationalization of law and to to be able to think outside the enve- economy and enormous by the capacity Law School and affiliated faculty as well lope, using the tools of more that one dis- to expand ideas, knowledge, and under- as alumni can speak to the intrinsic val- cipline, to solve problems like that. It was standing.There is a great challenge to be ue of interdisciplinary studies, siting the to meet that need, to generate people met in harnessing the energy created by strengths and rewards of such a program. who could lead in answering these prob- the era of an “information explosion.” Susan Wolf, who teaches in both the Law lems, that we put this program together.” The University of Minnesota Law School School and Medical School at the Uni- (For a more detailed description of the is taking on the task. versity of Minnesota, as well as the direc- new joint degree program, seeWolf’s arti- tor of the new Joint Degree Program in cle on page 4.) When Dean E. Thomas Sullivan first Law,Health and Life Sciences, comment- arrived at the Law School in 1995, he ed that the new program is a natural for In addition to building this new joint thought it important to expand the inter- the University because of its preexisting degree program, the Law School, over the disciplinary curriculum. “I think it’s strengths. “With an outstanding Law last two years, has appointed scholars absolutely crucial in today’s world,” Sul- School, leading programs in genetics and throughout the University whose work livan said. “We know that society and genomics, and top-ranked ecology and is closely related to law.Those affiliated business and the practice of law have environmental programs, this University faculty members now participate in the become internationalized with a great is a logical place to establish a program Law School’s weekly Faculty Workshops, emphasis on global reach and impact, so unique in the nation.This program will may teach in the Law School, and have we must do a better job of educating and allow students to combine a J.D. with a strengthened collegial connections to the training the well-rounded lawyer.Today Ph.D. or M.S. in one of seven fields: mol- rest of the law faculty. that means a very significant exposure to ecular biology,pharmacology,science and more interdisciplinary studies.” technology policy, health services One affiliated faculty member is Eliza- research, and a cluster of environmental beth Boyle, who has both a J. D. and a The Law School has taken several programs. It will produce highly trained Ph.D. in Sociology. She sees the two dis- approaches to this idea. First, it has lawyers ready to lead in health law, drugs ciplines as essential compliments to fully expanded the roster of existing joint- and devices, environmental law and intel- understanding the drafting and the degree programs with the Humphrey lectual property relating to biotechnolo- implementation of laws; while she sees Institute of Public Affairs and the Carl- gy to name only a few areas. lawyers as focused authors, concerned son School of Management’s MBA pro- with exactness in wording, she views gram. Second, by developing a new Joint “This program was devised to fit a need, sociologists as empiricists who ask what Degree Program in Law,Health, Life Sci- and the need is for people who can think happens to laws in terms of actual imple- ence and Biotechnology, and finally, by effectively and deeply about some of the mentation, whether there are expected or increasing the number of affiliated facul- biggest problems we have, those at the unexpected consequences. ty at the Law School, which, according intersection of law,science, medicine, and to Sullivan, “permits us to reach across the environment,” Wolf said. “Without “Both sides can learn from one another,” campus and to identify major researchers interdisciplinary work, you can’t really Boyle said,“Where lawyers might tend to

2 Law Alumni News / Fall 1999 FEATURE STORY

perhaps overemphasize the direct impact tiative, scholar and policy issues in the law history, and to see law as a positive force of law on behavior, I think sociologists that have engaged and continue to in our society.” tend to get so caught up in the context, engage social scientists like myself.To be so caught up in the structure of society able to collaborate with interested law For those pursuing interests and careers that sometimes they’re not looking for faculty and to be able to take advantage other than the traditional practice of law, prescriptive outcomes, they shy away of the Law School’s considerable a joint degree program that provides from saying ‘what ought we to do?’ and resources to pursue those interests is a interdisciplinary education and training lawyers just really jump in there, I mean, great advantage in terms of producing may well be the link required to achieve they really want to know, and I think significant contributions for consumption those goals. those two things should be combined.” After finishing his first year as a law stu- In her “Sociology and Law” course, open dent, during which he worked as a vol- to both law and sociology students, Boyle unteer for Minnesota Advocates and then spends a lot of class time exposing stu- spent the summer working for Legal Ser- dents to different perspectives in law,such vices of Greater Miami, Gavin Kearney as the feminist perspective and critical decided to apply for the joint degree pro- race theory, studying such authors as gram the Law School has with the Catherine McKinnon and Paul Butler. Humphrey School of Public Affairs. He believes the joint degree program will “I think most days are kind of eye-open- allow him to address the symptoms of the ing for students, in part because there’s so larger problems in our society rather than many internal contradictions within the just attacking the problems themselves, different systems and that surprises them and the combined law and public affairs when the come into the classroom,” curriculum would provide him with a Boyle said,“they think everything is con- in the law and social science community. policy-oriented and traditional law stant and makes sense, when in fact Second, it is hugely important to me that school education.“You really need to be you’re constantly confronted with incon- my Ph. D. students can more easily avail more pragmatic than just rely on the law,” sistencies,like majority rule versus minor- themselves of law courses and seminars, Kearney said,“and so I decided I wanted ity rights, things like that, and of course speakers and library resources...the way to get a better, more well-rounded per- it’s the resolution of those issues that real- Dean Sullivan and the law faculty have spective on the issues, in understanding ly determines what the legal system is and set up their affiliated faculty appointments them and addressing them as well.” what it means.” not only promotes more integrative and creative research, but also supports the Now the Director of Research and Pro- Boyle said she is pleased with the direc- training and professional development of grams at the nationally known Institute tion Dean Sullivan is taking with joint graduate students by creating a climate of on Race and Poverty, which is a center appointments, saying that it really gives exchange and cooperation.” at the Law School, Kearney said his joint students access to a lot of different per- degree studies help him in his present spectives. She hopes many will take Another, newer addition to the Law vocation.“[It was] skill-oriented, knowl- advantage of it. School’s affiliated faculty, Barbara Welke, edge-oriented, research-based. I learned who holds a J.D. and a Ph.D. in History, about numbers and read critically to She added,“A lot of law students will be teaches a legal history course that she understand information that comes out. drafting laws or corporate policies, hav- hopes provides her students with a broad- It helped me understand the realities of ing a bigger understanding of the context er context in which to understand the the political process, understand econom- in which they’re doing that is likely to law and its place in our society.“I think ic considerations that affect and dictate really help them in terms of their effec- it’s critical to develop this perspective,” how issues play out in legislative and tiveness, and also just to become very she said. She believes that in the past, law agency venues.” conscious of possible negative conse- schools focused so much on training stu- quences that may occur that weren’t dents to work in large firms that students Kearney remarked that there is a “branch- expected.” developed tunnel vision. She supports the ing out” of schools and departments at pursuit of interdisciplinary studies as part the University that is definitely beneficial Eugene Borgida, Professor of Psycholo- of a legal education.“If students can be to the University’s community.“I think gy and Law,also commented on the ben- helped to think about the law in the more and more you’re seeing a move efits of combining two disciplines, saying broader context, it will help them better away from traditional, compartmentalized there are two points to be made about use law in making value judgments for education.We at [the Institute of] Race the value of interdisciplinary study: themselves, to understand the place and and Poverty have chosen a substantive “First, there are any number of substan- role of law at various points in American focus that takes us into different disci-

Law Alumni News / Fall 1999 3 FEATURE STORY

plines, because to truly address the issues Joint Degree Program environmental conservation with human of race and poverty you do need to span in Law, Health & the industry, and how to safeguard genetic disciplines.To be too focused is to work privacy as we map and sequence the at issues in an incomplete way. Creating Life Sciences human genome.These are just some of the opportunities for people to do course he intersection between law, science, the pressing societal questions that work that makes those connections is Tand medicine has never been more require a new kind of interdisciplinary incredibly important.” important.We are living through a bio- work crossing law, health policy analysis, medical revolution fueled by genomics, ethics, environmental studies, and the life In summary, Dean Sullivan said “We’re powerful new information technologies, sciences. really in a transformative era, for a num- and medical therapeutics undreamed of a ber of reasons, but certainly a part of that generation ago. The University of Minnesota is rising to is the dynamic changes taking place in the challenge by offering a unique Joint the curriculum.We now offer some 150 Degree Program approved by the different courses, including forty-five Regents in June of 1999. No other uni- seminars a year. It’s a very broad, deep, and versity has a program as broad and inter- I hope rich curriculum...I think we are disciplinary.The Program is geared to stu- giving students broader analytical skills to dents interested in combining a law be able to handle the issues of the new degree with one of a wide range of grad- millennium, so I’m very positive and uate degrees in health and the life sci- excited about the direction we’re going. ences.These students will become experts I still believe, and I think our alumni in the legal, ethical, and policy problems believe, our mission ought to be to edu- posed by health, the sciences, and the cate the well-rounded, well-grounded environment in the 21st century.They generalist, because law is ever-changing. will serve as leaders in areas such as man- What we teach today may well become Susan Wolf aged care and health policy, intellectual obsolete tomorrow, so we have to have property issues in biotechnology, and individuals who are practicing who are environmental law and policy. not only bright and adaptable, but also All of this forces us to devise law and have very strong academic, analytical and policy adequate to answer profound new Students in the Program will be able to communication skills.” questions: how to reconcile intellectual obtain a J.D. together with an M.S. or property protection in genetics with the Ph.D. in less time and with more acade- norms of science and need for new ther- mic support and potentially more finan- apeutic agents, how to increase access to cial support than if they pursued the two health care while protecting individual degrees separately.The Program will be patient well-being, how to reconcile presenting a speaker series, colloquia, and other meetings to draw scholars in these Law School Affiliated Faculty fields to campus.Students will also be able Eugene Borgida Robert Kudrle to take advantage of close relationships B.A., Ph.D. B.A., M.Phil., Ph.D. we are building between the Program Psychology Department. Humphrey Institute of Public Affairs and practicing attorneys, policymakers, and business people. Elizabeth Heger Boyle C. Ford Runge B.S., M.A., J.D., Ph.D. B.A., M.A., Ph.D. Susan Wolf, Professor of Law and Medi- Sociology Department Applied Economics Department cine in the Law School and a Faculty Member in the University’s Center for Philip T.K. Daniel Gordon Silverstein Bioethics, was appointed by Dean Sulli- B.S., M.S., Ed.D., J.D. B.A., Ph.D. van to lead the new Joint Degree Pro- Education Administration and Policy Political Science Department gram.The Joint Degree Program spans 7 Department collegiate units and involves roughly 300 Barbara Welke faculty members.The Program links the Sally Kenney B.A., J.D., Ph.D. Law School, Graduate School, Medical B.A., M.A., Ph.D. History Department School, School of Public Health, College Humphrey Institute of Public Affairs of Biological Sciences, College of Natur- David Wilkins al Resources, Humphrey Institute, and Samuel Krislov B.A., M.A., Ph.D. Center for Bioethics. It draws on the B.A., M.A., Ph.D. American Indian Studies and Political University’s commitment to human Political Science Department Science Departments

4 Law Alumni News / Fall 1999 FEATURE STORY

genetics; microbial, plant, and animal Faculty Lectures genomics; developmental biology; environmental and health policy; analysis of Professor Donald A. Dripps technology; molecular and neuropharma- James A. Levee Chair in cology; health law; and bioethics. Law Criminal Procedure faculty involved in addition to Professor May 3, 1999 Wolf include Professor Jim Chen, who brings expertise in agricultural and envi- “Values and Doctrine in Crim- ronmental law; visiting Professor Dan inal Procedure” was the title of Burk, who is expert in intellectual prop- his lecture. Professor Dripps is a erty and biotechnology; and Professor recognized scholar of criminal Dan Farber, an authority on constitution- procedure, evidence and crimi- al and environmental law. nal law.In addition to these areas Professor Donald A. Dripps and Dean Tom Sullivan. of law, he teaches administrative The Joint Degree Program offers law.Professor Dripps was named the following degree the inaugural holder of the James A. Levee Visiting Chair in Criminal Procedure in 1997. In 1998, he was appointed to the Levee Chair on a permanent basis. combinations now, with more likely in the near future: Professor Richard S. Frase for those interested in Benjamin N. Berger Chair in biotechnology and genetics: Criminal Law • a J.D. in Law with an M.S. or Ph.D. September 7, 1999 in Molecular, Cellular, Developmental Biology & Genetics His lecture was entitled, “Sen- tencing Guidelines in Minneso- for those interested in ta and Other Jurisdictions: A environmental policy and law: Twenty-Year Retrospective.” Professor Frase is recognized for • a J.D. with an M.S. or Ph.D. in Pictured from left to right are: Joseph Goldberg and his scholarship in the area of Ecology Professor Steven Goldberg, nephews of Benjamin criminal justice. He teaches • a J.D. with an M.S. or Ph.D. in N. Berger, Professor Richard S. Frase and Dean criminal law, criminal proce- Sullivan. Conservation Biology dure, the criminal justice system • a J.D. with an M.S. or Ph.D. in and the federal prosecution clinic. His seminars include comparative criminal proce- Environmental Health) dure, sentencing guidelines and a sentencing policy workshop. He was the Julius E. Davis Professor of Law for 1988–89 and became the Benjamin N. Berger Professor for those interested in health policy: of Criminal Law in 1991. • a J.D. with an M.S. or Ph.D. in Health Services Research, Policy & Administration

for those interested in science policy: • a J.D. with an M.S. in Science, Technology and Environmental Policy

for those interested in drug development and regulation: • a J.D. with an M.S. or Ph.D. in Phar- macology

For more information about the Joint Degree Program, call 612-625-0055 or e-mail [email protected]. The Program’s Web site is under construction at .

Law Alumni News / Fall 1999 5 FACULTY ESSAY

Eco-Pragmatism: Environmental Regulation for the New Century —by Daniel A. Farber, Henry J. Fletcher Professor of Law and Associate Dean for Faculty Research and Development

ach field of law has its own chal- iron ore.Taconite requires extensive pro- lenges. Nevertheless, after teaching cessing before it can be used. Basically,the Ea dozen different courses, I still process involves smashing the taconite consider environmental law the most into small pieces, separating out those challenging. It spans many different sub- with the most iron, then breaking up ject matters, ranging from grazing on those pieces, once again separating out public lands to the global greenhouse the chunks with the most iron, and so effect. It is governed by multiple statutes, forth.The process produces small green several of them nearly as long and com- pellets with a high iron content. It also plex as the Internal Revenue Code (but produces immense amounts of “tailings” not as well drafted).These statutes and the or leftover pieces of rock.The company implementing regulations are apt to got rid of the tailings by letting them flow change just when you think you finally Daniel A. Farber through troughs into Lake Superior. have them figured out.And environmental law involves some of the most obscure Reserve was ultimately dumping 67,000 doctrines in the law,governing issues such it is tempting to approach them at a high- tons of tailings per day into the lake. as regulatory takings and standing. ly abstract level, seeking what physicists According to Reserve’s own estimates, it would call a Grand Unified Theory to had deposited tailings over more than a But in a sense these are merely superfi- resolve them once and for all. Such the- thousand square miles of Lake Superior. cial problems. The problems that make ories have had little success in any area of The manufacturing process used more environmental law really difficult are more law,and environmental law is certainly no than two million tons of water per day, fundamental. Environmental regulation exception. What we need instead is an which was recycled back into the lake. requires us to make decisions under great analytic framework that can provide scientific uncertainty, involving values coherence while recognizing the need for Given our general feelings these days such as human life and economic cost flexibility. toward polluters, it’s important to keep in that are difficult to compare, and over mind the other side of the story.When time horizons that are often decades or Rather than starting at a more theoretic Reserve began operations, it was wel- even centuries in the future. No matter level, it may be more useful to begin by comed with open arms by local commu- how we tinker with the legal framework, exploring a concrete example in depth, nities, state politicians, and the media. these will be formidably difficult deci- so as to get a feel for the dimensions of Richer ore deposits had already been sions.The real challenge for environmen- the problem. As it happens, one of the exhausted, and the Iron Range was tal law is to find better ways of address- leading cases in environmental law is from severely depressed. Reserve was seen as an ing these difficulties.1 Minnesota. Reserve Mining Company v. economic savior for a region that badly United States2 was among the first major needed help.The enrichment process for In the past few decades, great battles have judicial confrontation with these envi- taconite was the result of years of research been fought over how to approach these ronmental issues. It remains a leading case by a University of Minnesota professor. problems. On one side are fervent envi- on the subject of risk regulation even ronmentalists—their opponents call them today. Its dramatic facts make it an ideal The 1960s saw a great upsurge in envi- tree huggers—who would put environ- vehicle for thinking about environmen- ronmentalism. By the end of that decade, mental quality above all competing goals. tal risks and how they should be con- massive dumping like Reserve’s was no On the other side, businesses and many trolled.Thus, it provides a perfect setting longer easily tolerated.After some unsuc- economists—whose opponents call them for exploring the fundamental problems cessful negotiations, the EPA filed suit. bean counters—emphasize the cost of of environmental regulation. Until just before the trial, the dispute regulation and often think environmen- centered on ecological damage to Lake tal risks have been exaggerated.This is a Superior.The focus of the case changed debate that seems to have generated more I. Reserve Mining Revisited radically,almost by accident, due to a sud- heat than light. Reserve Mining was a joint venture of den insight that the asbestos in the tail- Armco and Republic Steel. Reserve was ings might be dangerous. EPA immedi- Because of the difficulty of these issues, established to mine taconite, a low-grade ately went to Judge Lord with its new

6 Law Alumni News / Fall 1999 FACULTY ESSAY

evidence; the asbestos data was made whether asbestos was dangerous to ingest. The animal studies were designed to public, causing a panic in Duluth; and the The evidence on this central issue will be determine whether asbestos fibers can focus of the case shifted from ecology to discussed later in connection with the penetrate the intestinal tract and enter the public health. Eighth Circuit’s opinion. body.The results of the studies were con- flicting as to whether asbestos can enter The trial took 139 days. The evidence Judge Lord viewed asbestos as a major the body. None of the studies found evi- included testimony from over a hundred public health threat to the Duluth drink- dence that asbestos caused cancer in lab witnesses, over fifteen hundred exhibits, ing water. This left only the choice of animals. and eighteen thousand pages of tran- remedy. Until late in the proceedings, script.Although there was also an air pol- Judge Lord apparently hoped to find a The crucial study of Duluth residents was lution issue, which I will not discuss here solution that would not disrupt Reserve’s initiated by Judge Lord.The purpose of for space reasons, the major issue was the operations. By the end of the trial, how- the study was to determine whether the possible public health threat of asbestos ever, he saw no alternative to an imme- tissues of long-time residents contained in drinking water. diate shut-down order, which he issued asbestos fibers. Tissue samples from on April 20, 1974. If Reserve had taken Duluth cadavers were compared with Like many environmental disputes, the a more cooperative attitude, perhaps samples from Houston, which does not case involved highly technical issues. Judge Lord would have given it time to have asbestos in its drinking water.The Reserve initially claimed that the tailings put land disposal into effect. But he was plaintiffs predicted that the study would did not contain asbestos, that they settled apparently too outraged by Reserve’s lit- yield solid information about the risk to to the bottom of the lake without caus- igation tactics to allow any delay. Duluth residents. When the study was ing any pollution, and that any asbestos completed, however, the asbestos fibers found in the lake must come from natur- failed to appear.The Eighth Circuit found al sources. Judge Lord heard extensive tes- this result highly significant, and was not timony about such matters as the chem- ...Environmental impressed by belated efforts to explain istry of asbestos, the behavior of the Lake regulation requires us to away the negative findings. As the court Superior thermocline, and erosion pat- make decisions under also noted, epidemiological studies had terns on the North Shore. For example, failed to produce evidence of an elevated asbestos is not the name of a particular great scientific gastrointestinal cancer rate in Duluth. compound but of a family of minerals; uncertainty, involving there was debate about whether the min- values such as human life Up to this point, the court had found vir- erals in taconite belonged in the same tually no evidence of harm. The really family as the minerals causing cancer and economic cost that troubling point, however, was that among insulation workers. are difficult to compare... asbestos workers do have an increased rate of gastrointestinal cancer. A reasonable We often talk loosely about environmen- explanation is that they cough up asbestos tal regulation being on the “frontiers of The Eighth Circuit’s decision on appeal fibers and then swallow them, resulting in science,” but this was very much true in focuses on the likelihood of a serious gastrointestinal cancer. Dr. Selikoff, the Reserve Mining.The technology was bare- health hazard. As mentioned earlier, leading expert on asbestos-related disease, ly up to the task of identifying, let alone everyone knew that inhaling asbestos can considered this a likely mechanism. accurately counting, small asbestos fibers. cause severe harm. The question was Assuming that to be correct, another So the judge faced great difficulty in even whether drinking asbestos was also haz- expert testified that the total exposure of ascertaining the asbestos level in Duluth ardous and indeed, whether ingested Duluth residents was comparable to that drinking water. By the time of the asbestos even enters the body at all. of asbestos workers. Reserve Mining trial, it was clear that Ingesting asbestos presumably doesn’t inhaled asbestos is a very serious carcino- provide any health benefits—so far as I According to the court,“it cannot be said gen. One issue in the case involved the know, no one has ever recommended that the probability of harm is more like- effect of airborne asbestos on Reserve’s asbestos as a source of dietary fiber—but ly than not...On this record it cannot be workers and their families.There seems there was very real doubt about whether forecast that the rates of cancer will to be little doubt that this health hazard it was harmful. increase.” The most that could be said required stringent pollution control. For was that asbestos contamination in Lake present purposes, however, the relevant The Eighth Circuit carefully summarized Superior “gives rise to a reasonable med- portion of the case relates to the water the evidence bearing on this issue.This ical concern for the public health.”The pollution issue. Here, even after asbestos evidence fell into three major groups: existence of this concern was enough, counts in Duluth water were established animal studies; studies of Duluth resi- however, to justify what the court called and traced to Reserve’s discharge, a major dents; and inferences from studies of “abatement of the health hazard on rea- problem remained: nobody knew asbestos workers. sonable terms.”

Law Alumni News / Fall 1999 7 FACULTY ESSAY

The remaining issue was the remedy.The ways to save lives, perhaps we could find co-induced cancer.How can we go about court believed that an immediate shut- better ways to use $243 million. So the striking a balance? Given the difficulty of down was untenable, given the equivocal mere abstract possibility that spending assigning values to the costs and benefits evidence of any danger to the public.At $243 million might conceivably save a life of health regulations, regulatory decisions oral argument, Reserve said it was will- is not enough.We need to take both the clearly cannot be made by any mechani- ing to spend $243 million to halt its air cost and the benefits of regulation into cal formula or test. It is tempting to fall and water pollution.A shutdown would account in some way.This, of course, is back on sheer intuition.Yet intuition can not simply harm shareholders. Reserve easier said than done. be an unreliable guide. Cost-benefit had over three thousand employees, and analysis can provide a valuable bench- the firm produced over ten percent of the Other readers might find it equally obvi- mark for determining the reasonableness nation’s iron. Moreover, the union argued ous that the switch to land disposal was a of our decisions. that the health effects of a plant closure gigantic waste of money, just another on workers might be more severe than environmentalist boondoggle. But that But as most regulatory economists admit, those caused by the asbestos. Based on all reaction is also too hasty. If the asbestos cost-benefit analysis cannot provide a lit- these factors, the court concluded that was harmful, the court had no way of mus test for evaluating regulations. One Judge Lord had abused his discretion by knowing just how many lives were at risk. reason is that the seeming certainty of the ordering an immediate shut-down, and it Don’t forget that a hundred thousand numbers often conceals abysmal uncer- gave the company a reasonable time to people were drinking that water. In a tainty.Trying to calculate the exact risk switch to land disposal. plausible worse-case scenario, hundreds associated with a particular chemical is of people might have died from cancer. like trying to guess the number of grains The courts in Reserve Mining were faced Thus, the company was creating a seri- of sand on a beach, when we don’t even with a difficult task: weighing an uncer- ous public health concern. know the size of the beach. (Actually, in tain risk to public health against an some ways, it’s even harder, because approximately $200 million expenditure. sometimes we’re not even sure if there The question posed by the case is how to ...Reserve Mining is an actually is any “sand” there to count.) As go about making such trade-offs between excellent illustration of Reserve Mining indicates, there are huge safety and cost. Reserve Mining provides technical problems in trying to determine an excellent context in which to discuss why both cost and risk risk levels. Of course, science has why these choices are so hard, what have to be considered... improved since 1975, and it continues to methods have been proposed for making improve all the time. Nevertheless, it is them, and how we might go about not uncommon for respectable risk esti- resolving cases like Reserve Mining in a Since Reserve Mining was discussed,a great mates to vary by several orders of magni- sensible way. debate has taken place about the use of tude, so we don’t know with any confi- cost-benefit analysis to decide these dence whether a regulation might save a II. Transcending the War issues. Once the darling of the Reagan single life or a thousand. Like computers, Administration, in more recent years this cost-benefit analysis obeys the GIGO Between Tree-Huggers and approach has been close to the heart of principle (Garbage In, Garbage Out). Bean-Counters an increasingly conservative congression- Like Judge Lord, some readers may find al leadership.The topic tends to polarize A more fundamental problem is that the Reserve Mining an easy case on the ground people. Environmentalists sometimes technocratic surface of cost-benefit that health considerations should always consider cost-benefit analysis immoral; analysis conceals some fundamental poli- outweigh cost, mandating immediate clo- economists sometimes accuse their oppo- cy issues.To do a cost-benefit analysis in sure of Reserve to eliminate the risk. But nents of a quasi-religious fanaticism. a case like Reserve Mining, we need to Reserve Mining is actually an excellent determine how much money we would illustration of why both cost and risk have This technique deserves neither devoted be willing to pay to eliminate a single to be considered.A shut-down would not faith nor moral condemnation. Properly death, so we can place a value on various merely have taken money out of the understood, cost-benefit analysis can be levels of risk reduction.This value is usu- pockets of some wealthy shareholders. It a useful tool.We need a decision method ally based on an estimate by economists would also have imposed enormous costs that can take both costs and benefits into of how much people are willing to pay on the company’s employees, their com- account. If we could eliminate the to reduce risks in their own lives. The munities, and the economy of the whole asbestos risk in Reserve Mining cheaply problem is that these estimates are quite region.There is some possibility—in the enough, we wouldn’t hesitate to shift to imprecise. Most people seem to act as if view of the Eight Circuit, more than a land disposal. On the other hand, it would they place a value of somewhere between fifty percent chance—that switching to also have been an easy decision to spend $1 and $10 million on their own lives. land disposal did not in fact save a single $240 million if we could eliminate a large Any number within this range can be jus- human life. And if we were looking for and clearly documented risk like tobac- tified on an economic basis.Within this

8 Law Alumni News / Fall 1999 FACULTY ESSAY

range, then, the selection largely turns on feasible step to reduce the risk. This Court decisions, the scholarly literature, policy preferences. approach is a good reflection of our gen- and more recent legislation on the sub- eral societal commitment to the environ- ject all demonstrate that we have become Another difficult issue in cost-benefit ment.As a society, we are strongly envi- far more sophisticated about environ- analysis involves what seems like a hyper- ronmental, but we are not about to spend mental risks than we were in 1975, when technical issue, the discount rate. In every penny to eliminate every ephemer- Reserve Mining was decided.At the time, Reserve Mining, the company has to spend al chance of harm to the environment. courts and agencies were struggling to the $240 million up-front, but the return confront new problems of unknown on this investment, in the form of lives Overall, our best strategy is to combine magnitude with a fragmentary data base. saved, will not be seen until years in the the two approaches. Because of the The Eighth Circuit did a creditable job future. How do we take this delay into uncertainties involved in environmental in wrestling with those issues.Today,with account? Some people find it immoral to regulation, we should place our primary the benefit of nearly another 25 years of “discount” future human deaths. But if reliance on the “significant risk” thought, perhaps we can do a little bet- we don’t make some adjustment for the approach, but we should use cost-bene- ter. In any event, if we are to progress, we time factor, we would find ourselves fit analysis as a “reality check.”In Reserve might do well to spend less time on ide- compelled to spend the entire GNP Mining, this hybrid approach supports ological debate about the relative merits today to prevent a single death once every the Eighth Circuit’s decision.To allow of environmentalism and economics as century because between now and the the company off the hook completely views of the world.We could then spend end of time, that would be an infinite would have needlessly tolerated a signif- more time confronting the hard problems number of deaths.That would be absurd. icant environmental risk. But Judge presented by specific environmental risks We obviously wouldn’t be willing to Lord’s closure order would have been in the real world. spend a huge amount of money even if too drastic; closing the plant passed doing so would eliminate such a tiny risk beyond the line of reasonable feasibility Although mechanical formulas cannot once and for all.The cost-benefit analysis under the circumstances. solve tough regulatory problems, we can needs to take this into account.The prob- still usefully search for guidelines to aid lem, once again, is that a wide range of in risk assessment. rates can justified on a technical basis.As you know if you’ve ever gotten a mort- ...Even as the science gets Politics being what it is, we can never gage, a seemingly small change in inter- better on some issues, we expect an entirely coherent public poli- est rates (just a couple of points) can have cy on risk management. But we could a huge effect on your monthly payments. discover entirely new move considerably farther in that direc- The same is true of discounting. issues with their own tion. As we enter the next century, we uncertainties... need as much help as we can get in con- Putting all of these uncertainties togeth- fronting our environmental problems er, it turns out there is a lot of leeway in resolutely and realistically. Combining cost-benefit analysis. For example, in the cost-benefit analysis with the “significant Reserve Mining situation itself, you can risk” approach would be a good starting make the analysis go either way, depend- III. Confronting an point. ing on the risk estimate, value of life, and Uncertain Future discount rate you choose. For this reason, Even as the science gets better on some Notes in practice cost-benefit analysis is most issues, we discover entirely new issues useful in extreme cases,where it can show with their own uncertainties. When 1. I discuss possible solutions in a recent book, us that a regulation would be far out of Eco-Pragmatism: How to Make Sensible Envi- Reserve Mining was decided, for instance, ronmental Decisions in an Uncertain World line with costs or that the costs are air pollution was considered to be a seri- (University of Chicago Press, 1999). dwarfed by the benefits. ous but local problem.We were unaware 2. 514 F.2d 492 (8th Cir. 1975) (en banc).The that acid rain could make pollution a discussion of the case is drawn from Chapter 2 This leaves us with a huge problem— problem for regions hundreds of miles of the Eco-Pragmatism book, which provides what to do when the relationship of costs away from the polluter. Nor did we know factual documentation. and benefits is ambiguous, which it will that the cumulative effect of pollution often be.We have many environmental might be to change the climate. Scientif- statutes, and although they are often quite ic uncertainty is here to stay as a feature complex, they tend to share the same of environmental law. So is the need to general approach to this problem. Under make tough tradeoffs between risk reduc- this approach, if we determine that a sit- tion and economic welfare—a need uation presents a significant environmen- which is sometimes captured by the tal risk, we should take every reasonably phrase “sustainable development.”

Law Alumni News / Fall 1999 9 FACULTY RESEARCH AND DEVELOPMENT

Faculty Research and Development

EDWARD S. ADAMS revised an Law; and “Securitization of Bad Debt Sounds of Silence:The Libertarian Ethos updated his Selected Corporate Statutes Receivables,” presented at the American of ERISA Preemption.” Professor Befort book he co-edits with Professor John Collectors Association Committee of 100 also prepared a 1999 Supplement to his Matheson, his Federal Securities Laws text, Meeting in Acapulco, Mexico. Employment Law and Practice book for and his Proxy Rules Handbook. He also West Publishing. In May 1999, he pre- completed an article with David Runkle sented a paper on “The Ten Most Signif- entitled “Derivative Insecurities,” which icant and Unsettled Issues Under the will appear in a forthcoming issue of the Americans with Disabilities Act” at the William & Mary Law Review, an article Upper Midwest Employment Law Insti- with Professor Daniel Farber entitled tute.The paper was published in the 1999 “Fuzzy Logic and ‘Situation Sense’: Uti- Employment Law Handbook. Professor lizing Fuzzy Logic in the Context of Befort continues to serve as editor of Statutory Interpretation,” which will Labor & Employment Law News, a publi- appear in a forthcoming issue of the Va n - cation of the Minnesota State Bar Asso- derbilt Law Review, an article entitled “A ciation which appears three times each Market-Based Solution to the Judicial year. Along with co-author Lydia Pot- Clerkship Selection Dilemma,” which thoff, he contributed an article on will appear in a forthcoming issue of the Beverly Balos “WARN Act Developments” for the Maryland Law Review, an article with Stu- most recent issue of that publication. art Albert entitled “Making Sense of Prac- BEVERLY BALOS completed work Professor Befort taught in the Law ticing Law:The Transformation of a Pro- on an article co-authored with Mary School’s exchange program at Uppsala fession into a Business,”which will appear Louise Fellows titled “A Matter of Pros- University in Sweden during the second in a forthcoming issue of the Rutgers Law titution: Becoming Respectable.” The half of the Spring 1999 semester. Review,and an article with Arijit Mukher- article will be appearing this spring in the ji entitled “Finding a Fiduciary Duty to New York University Law Review. Professor DAVID BRYDEN finished his article Spin-Off,” which will appear in a forth- Balos was invited to speak at a Law on “Redefining Rape” which discusses coming issue of the Fordham Law Review. Enforcement, Prosecution and Judicial the major proposals for changes in rape In addition to these articles already Responses to Domestic Violence Train- law. The article will appear in the fall accepted for publication, Professor Adams ing Institute on enhancing civil protec- issue of the Buffalo Criminal Law Review, completed three other articles for submis- tion for battered women. She also pre- along with commentaries by several lead- sion to law reviews “Executive Compen- sented at a Rural Law Enforcement Pol- ing scholars. Professor Bryden is now sation, Equity Swaps, and Agency Costs”; icy Development Program on policy- working on another article,“Explaining “Securitization, Rating Agencies, and making and the legislative process.Addi- Rape,” in which he appraises several the- Reputational Advantage; A Fiduciary tionally, she co-presented at a conference ories about rapists’ motivations. Duty To Utilize 360 Degree Executive titled “When the Victim is a Prostitute:A Evaluations”—and a book review on Multidisciplinary Training” sponsored by KAREN C. BURKE prepared a revised Cameron Stracher’s new book, Double the Commercial Sexual Exploitation edition of Federal Income Taxation of Part- Billing. Finally, Professor Adams spoke at Resource Institute. The presentation ners and Partnerships, published by West numerous forums, including:“Analyzing addressed the issue of the criminal justice Publishing Company in spring 1999. In Dayton Hudson’s Financial Statements,” response to prostituted victims of sexual October 1998, she spoke on the partner- presented to Dayton Hudson Corpora- assault. ship anti-abuse rules at the American tion’s Legal Department in Minneapolis, Association of Law Schools Workshop on Minnesota;“Securitization of Commer- STEVE BEFORT completed work on Taxation in Washington, D.C. In Febru- cial Receivables,” presented at the Inter- two articles relating to the intersection of ary 1999, she participated in a tax policy national Association of Commercial Col- employment law and employee benefits. symposium at the New York Law School. lectors Meeting in New Orleans, The first, entitled “Mental Illness and Her co-authored article,“The Impact of Louisiana; “Securitization of Bad Debt Long-Term Disability Plans Under the Social Security Reform on Women’s Receivables,”presented at American Col- Americans with Disabilities Act,” will be Economic Security,” will appear with the lectors Association Meeting in Las Vegas, published this fall in the University of symposium proceedings in the New York Nevada; “Securitization in the Twenty- Pennsylvania Journal of Labor and Employ- Law School Journal of Human Rights. First Century,” presented in connection ment Law.The second article, co-authored (forthcoming 1999). Her co-authored with the Columbia University School of with Christopher Kopka, is entitled “The review of the current debate over social

10 Law Alumni News / Fall 1999 FACULTY RESEARCH AND DEVELOPMENT

security reform,“Perspectives on Social Shootout” for the Hastings Law Journal.He BARRY C. FELD presented a paper at Security Reform,” has recently been organized a symposium for Constitutional American Society of Criminology on accepted for publication by the Florida Commentary on “The Sound of Legal “Social Structure, Race, and the Transfor- Tax Review. She is currently working on Thunder:The Chaotic Consequences of mation of the Juvenile Court,” in Wash- a co-authored article concerning the Crushing Constitutional Butterflies.” His ington, D.C., on November 13, 1998, and impact of social security reform on own contribution, “Midnight in the at the Delaware Center for Justice Con- minorities. Professor Burke continues to Courtroom of Good and Evil,” will ference on “Juvenile Justice: Is There a be actively involved as a Consultant to the appear in the symposium. Finally, Profes- Future?” University of Delaware, in American Law Institute’s Federal Income sor Chen has been elected President of Wilmington, Deleware, on June 3, 1999. Tax Project on Pass-Through Entities. the Minnesota Association of Scholars. He presented a paper to the National During spring 1999, she visited at Boston Academy of Sciences’ National Research College Law School. In July 1999, she CAROL CHOMSKY has completed Council Panel on Juvenile Crime: Pre- was appointed to the Dorsey & Whitney work on an article entitled “The True vention, Treatment, and Control on Professorship in Law. She will deliver her History of the Holy Trinity (Case),” which “Juvenile Justice: Sentencing Issues and inaugural lecture,“Retirement Security: has been submitted for publication. Dur- Correctional Consequences,”inWashing- Reform, Ideology and Administration,”in ing the past year, she presented a paper at ton, D. C. on January 21, 1999. He par- March 2000. the annual meeting of the American Soci- ticipated on an “Author-Meets-Critics” ety for Legal History based on her panel on his recently published book, Bad ANN M. BURKHART published a research on the history of Minnesota’s Kids: Race and the Transformation of the Juve- Property Law casebook and teacher’s women lawyers, a project still in progress. nile Court (Oxford 1999), at the annual manual this summer with Professors Bar- Professor Chomsky recently became meeting of the Academy of Criminal Jus- low Burke of American University Col- Coordinator for the University’s Bush tice Sciences in Orlando, Florida, on lege of Law and R.H. Helmholz of Uni- Faculty Development Program on Excel- March 12, 1999. He was “Scholar-in- versity of Chicago Law School.This fall, lence and Diversity in Teaching, which Residence” at the Department of Soci- West Group will publish Real Property Law provides a focused enrichment package ology, Western Washington University, in a Nutshell (4th ed.), which she coau- on learning theory and teaching method- Bellingham, Washington, April 7–10, thored with Professor Roger Bernhardt of ology for a select group of faculty across 1999, and gave a public lecture, “Social Golden Gate University College of Law. the University.Starting in January,she will Structure, Race, and the Transformation During May and June, Professor Burkhart begin a two-year term as Co-President of of the Juvenile Court.” He also lectured taught a course on American law at Upp- the Society of American Law Teachers. at Carleton College in May 1999. In sala University School of Law in Sweden. addition to Bad Kids, Professor Feld also She recently has been appointed to the LAURA COOPER has submitted to published Readings in Juvenile Justice Law School Admission Council Test the Minnesota Historical Society an Administration (Oxford 1999);“The Juve- Development and Research Committee. annotated oral history interview with nile Court,” in the Oxford Handbook on Rosalie Wahl, the first woman appointed Crime and Punishment (1998); “Abolish JIM CHEN recently returned from Düs- to the Minnesota Supreme Court. The the Juvenile Court:Youthfulness,Crimi- seldorf, Germany, where he was the first Law School’s new Assistant Director of nal Responsibility and Sentencing Poli- American to teach as a visiting professor Admissions, Stacy Doepner-Hove, also cy,”in Journal of Criminal Law & Criminol- of law at Heinrich-Heine-Universität. worked on the oral history project. Pro- ogy (1998);“Juvenile and Criminal Justice Among other topics, he lectured on fessor Cooper’s article, written with Systems’ Responses to Youth Violence,” globalization, telecommunications regula- Suzanne Thorpe, “Researching Labor Crime & Justice:An Annual Review (1998); tion, and criminal procedure. The visit Arbitration and Alternative Dispute Res- “The Honest Politician’s Guide to Juve- was made possible by a grant from olution in Employment,” was published nile Justice in the Twenty-First Century,” the Deutsch-Amerikanische Vereinigung in Volume 91 of the Law Library Journal. The Annals (1999);“Rehabilitation, Ret- Steuben-Schurz e.V.Closer to home, Pro- She presented a Continuing Education ribution, and Restorative Justice:Alterna- fessor Chen has spoken on economic reg- Program for the University of Minneso- tive Conceptions of the Juvenile Court” ulation in general and telecommunica- ta Law School in June, “ADR for in Restorative Justice: Repairing the Harm of tions reform in particular before the Asso- Employment Disputes: Building Media- Youth Crime (L.Walgrave & G. Bazemore ciation of American Law Schools and at tion and Arbitration Skills,” with Adjunct eds. 1999). He has been quoted exten- the Hastings, Chicago-Kent, and Univer- Professor Carolyn Chalmers. Her media- sively in local and national media in sto- sity of Texas law schools. His most recent tion simulation of a sexual harassment ries about juvenile and criminal justice. articles include “DeFunis, Defunct” for dispute in a law firm, written with Pro- Constitutional Commentary;“The Second fessor Chalmers that recently won a prize RICHARD S. FRASE published a Coming of Smyth v.Ames” for the Texas in a national competition, is being dis- chapter on French criminal justice, which Law Review; and “The Magnificent Sev- tributed to law teachers nationally on a is included in Criminal Procedure:A World- en: American Telephony’s Deregulatory Westlaw academic web site. wide View (Carolina Academic Press

Law Alumni News / Fall 1999 11 FACULTY RESEARCH AND DEVELOPMENT

1999). In July, the manuscript for a book script on this subject over the summer tentatively entitled Sanctions and Sentenc- which will form part of a book which he ing in Western Countries was submitted to has been writing. He has also been doing Oxford University Press.The book, joint- research on various ways in which the ly-edited by Professors Frase and Tonry, law affects innovative activity.He present- contains papers from the international ed a paper embodying that work to the sentencing conference held at the Law Canadian Law and Economics Associa- School in May of 1998. It also includes a tion in September. His article,“Java and chapter by Professor Frase, entitled Microsoft: How Does the Antitrust Sto- “International Perspectives on Sentenc- ry Unfold?” was published in July in the ing Policy and Research.” In September, Villanova Law Review. Professor Frase submitted the manuscript of his chapters for the Third Edition of JOAN S. HOWLAND completed an Robert E. Hudec Minnesota Misdemeanors and Moving Traffic article entitled “An Enduring Tribute to Violations, co-authored with Martin J. the ‘Age of Innocence’: The Eleventh Minnesota Journal of Global Trade. In May, Costello & Stephen M. Simon, to be Edition of the Encyclopaedia Britannica Professor Hudec published a collection published early next year by Lexis Law and Its Impact on Anglo-American Social of essays entitled “Essays on the Nature Publishers. In addition to his teaching, and Legal Thought.”At the 1999 Annual of International Trade Law” (London: scholarship, and public service activities, Meeting of the American Association of Cameron-May 1999) (waw. cameron- Professor Frase serves as Director of Law Libraries, Professor Howland coor- may.com). Also in May, he delivered a Research for the Institute on Criminal dinated a program entitled “The Poten- paper on the remedies available in WTO Justice. In the previous year, the Institute tial Impact of Electronic Publishing on dispute settlement proceedings at a con- expanded its research and consulting Law Libraries, Legal Education, and Legal ference organized by the European activities and hired an Associate Director, Scholarship” and moderated a program Community at the University of Amster- Janet Wiig, and a Research Associate, entitled “Recruitment and Retention dam. In July,he delivered a paper on pro- Robert Weidner. Strategies for Building the Law Library posals for reforming the WTO dispute Profession of the Next Millennium.”As settlement procedure at a conference at PHILIP P. FRICKEY delivered his an Executive Board Member of the Columbia Law School. inaugural lecture as the Irving Younger American Indian Library Association, she Professor of Law in March.The lecture, will serve as a delegate to the 1999 Inter- MAURY LANDSMAN made a presen- “Revisiting the Revival of Theory in national Indigenous Librarians Forum, to tation on “Race and Gender Issues in Statutory Interpretation: A Lecture in be held in New Zealand in November of Jury Trials” in March 1999 for the Min- Honor of Irving Younger,” will appear in 1999, and will speak on the topic “Legal, nesota Institute of Legal Education. In the Minnesota Law Review. He has also Economic, Social, and Technological June 1999, he presented a continuing written “A Common Law for Our Age Challenges Facing American Indian legal education class on “Identifying and of Colonialism: The Judicial Divestiture Communities.” Professor Howland has Eliminating Bias in the Legal System” for of Indian Tribal Authority over Non- recently been appointed to the Associa- the University of Minnesota Summer members,” forthcoming in the Yale Law tion of American Law Schools Advisory Continuing Legal Education Program. Journal, and “An Overview of the Legal Group on Electronic Publishing in Legal Professor Landsman has continued his Status of Indigenous Tribes in the Unit- Education, and also serves on the Ameri- work with Professor Simon in the Judi- ed States,”forthcoming in Heidelberg Jour- can Association of Law Schools Commit- cial Trial Skills and Ethics Training Pro- nal of International Law. In May he mod- tee on Libraries and Technology. gram. He will be on leave fall 1999 work- erated a panel discussion for a Minnesota ing on a project on the development of Institute of Legal Education continuing ROBERT E. HUDEC has been moral reasoning in law students, prepar- legal education presentation on the Mille appointed chairman of a panel of three ing ethics training materials for small Lacs fishing case in the United States arbitrators convened by the World Trade firms and solo practitioners as part of an Supreme Court. Organization (WTO) to rule on a legal American Bar Association project. He dispute between the European Commu- will also be consulting with the State of DANIEL J. GIFFORD has been exam- nity and Canada involving the question Minnesota Office of Administrative ining the fit between federal labor law of whether certain amendments to Cana- Hearings on Ethics, Professionalism and and changes in manufacturing which da’s Patent Act are in conformity with Skills Training. have transformed factories from a fixed Canada’s obligations under the WTO format with reserve inventories of com- TRIPS agreement. In February, he pub- ROBERT J. LEVY gave lectures at the ponents into a format involving just-in- lished an article entitled “The New WTO Penn State/Dickinson Law School sum- time delivery of inputs and continuous Dispute Settlement Procedure: An mer program in Florence on interstate improvements. He completed a manu- Overview of the First Three Years” in the custody issues and wrote an article for the

12 Law Alumni News / Fall 1999 FACULTY RESEARCH AND DEVELOPMENT

Family Law Quarterly on legislature-court ment” (1999) and “Medium Rare Scruti- Supreme Court majorities, an article on relationships in family law matters on the ny” (1998) in Constitutional Commentary; the Court’s most recent eleventh amend- 20th and 21st century. Professor Levy’s and “Hell, Handbaskets and Government ment cases, and an essay speculating on book The Desk Book for Judges has been Lawyers: The Duty of Loyalty and its the consequences had an important nominated for the 2000 Guttmacher Limits” in Law and Contemporary Problems eleventh amendment case of 1908 been Award of the American Psychiatric Asso- (1998). decided differently.She and Professor Far- ciation for the best forensic writing for ber have completed a book manuscript the year 1999. KATHRYN SEDO worked on a paper examining and criticizing several promi- concerning statute of limitations in spe- nent theories of constitutional interpre- JOHN H. MATHESON was honored cial education cases over the summer. tation, which they hope to publish next as the Stanley V. Kinyon Teacher of the She made a presentation entitled “Com- year. Year for the 1998–99 academic year. He pensation Education” at the 6th Annual previously won this award in 1984–85 Education Law Institute at Franklin E. THOMAS SULLIVAN finished the and 1990–91. Professor Matheson pub- Pierce Law Center in Concord, New revisions to the 14th edition to Federal lished an article,“Corporate Governance Hampshire on August 5, 1999. Professor Land Use Law with Daniel Mandelker at the Millennium: The Decline of the Sedo tried a self-employment tax case in and Jules Gerard. He also has completed Poison Pill Antitakeover Defense,” as a U.S.Tax court in June concerning value- an article for the inaugural issue of the solicited article for a corporate law sym- added payments paid to members of a Minnesota Intellectual Property Review enti- posium in the Hamline Law Review.He farm processing cooperative in south- tled,“Antitrust and Intellectual Property: also published annual supplements for his western Minnesota. She worked on the The New Century.” Dean Sullivan Corporation Law and Practice,Volumes 18 brief over the summer and expects a deci- chaired the President’s Boosterclub Task and 19, and Business Law Deskbook,Vol- sion early next year. Professor Sedo was Force at the University regarding contri- ume 20 of the Minnesota Practice Series awarded $40,060 from the Internal Rev- butions to the Athletic Department. In for West Group, as well as a annual sup- enue Service as part of their Low Income addition, he has served as a consultant to plement to his Publicly Traded Corporations Taxpayer Clinic program for operation of the University of Oklahoma on its peri- treatise.The 1999 edition of Corporations the Federal Income Tax Clinic at the law odic review of its law school. and Other Business Associations: Statutes, school.This program provides funds for Rules and Forms, co-authored by Profes- clinics that provide representation for low sor Ed Adams, was also published. income taxpayers before the IRS. Finally, Professor Sedo serves as the chair of the FRED L. MORRISON spent the sum- Assembly Committee on Intercollegiate mer completing editing on a major Athletics, the faculty committee that treaties on International Environmental oversees athletics on the Twin Cities cam- Law, which he is writing in collaboration pus. As part of her duties this past year, with Professor Ruediger Wolfrum of the she served on the search committees for University of Heidelberg. Professor Mor- the new men’s basketball and hockey rison also was invited by the Constitu- coaches and the director and assistant tional Court of Ukraine to speak at a director for support services for student- conference in Kiev,Ukraine, on questions athletes. of international law.While there, he spoke Michael Tonry at a meeting of the Ukrainian association SUZANNA SHERRY published of law schools. “Independent Judges and Independent Justice” in Law and Contemporary Problems, MICHAEL TONRY has had two MICHAEL STOKES PAULSEN is “Judicial Federalism in the Trenches:The books, Prisons (with Joan Petersilia) and the author of an entry on “Impeach- Rooker-Feldman Doctrine in Action” in Crime and Justice, volume 25, and eight ment” in the forthcoming revision of the the Notre Dame Law Review, and “Beyond articles published since the beginning of Encyclopedia of American Constitutions.Pro- All Criticism?” (with Daniel A. Farber) in the 1998–99 academic year. Articles fessor Paulsen published the following the Minnesota Law Review. She also pub- appeared in Crime and Delinquency, Crime five articles during the 1998–1999 acad- lished a 1999 supplement to the 4th edi- and Justice,The European Journal on Crimi- emic year:“Nixon Now:The Courts and tion of Redish & Sherry, Federal Courts, nal Policy and Research, and the UCLA the Presidency After Twenty-Five Years” and an op-ed essay in the Washington Post Law Review, among other places. In addi- (1999) and “Who “Owns” the Govern- about the Supreme Court’s 1998–1999 tion, two policy briefs—“The Fragmen- ment’s Attorney-Client Privilege?”(1998) term. She currently has in press a book tation of Sentencing and Corrections in in Minnesota Law Review; “I’m Even chapter on the canon in constitutional America” and “Reconsidering Determi- Smarter than Bruce Ackerman:Why the law, an article (with mathematics profes- nate and Indeterminate Sentencing”— President Can Veto His Own Impeach- sor Paul H. Edelman) on the size of were published by the U.S. Department

Law Alumni News / Fall 1999 13 FACULTY RESEARCH AND DEVELOPMENT

of Justice. In December 1998, he con- He also co-authored an article on the ori- Faculty Recognitions cluded a three-year part-time visiting gins of the Universal Declaration of appointment at the Faculty of Law, Uni- Human Rights provisions on the right to Edward S. Adams has been promoted versity of Leyden, the Netherlands, and a fair trial which has been accepted for to the rank of Professor of Law by the from March to June 1999 was a visiting publication by the Human Rights Quarter- University of Minnesota Board of professor at the Max-Planck Institute for ly. In addition, he published an article on Regents. Professor Adams is also the co- International and Comparative Criminal the non-refoulement provisions in sever- recipient of the Julius Davis Chair in Law Law in Freiburg, Germany. He gave a al treaties including the Convention for the 1999–2000 academic term. number of public lectures including to against Torture. In April, Professor Weiss- the International Association of Paroling brodt gave an introduction to human Karen C. Burke has been named to the Authorities (April 1999), the triennial rights resources on the Internet to the Dorsey & Whitney Professorship in Law. meeting of the Campaign for Effective national conference of Amnesty Interna- She will deliver her inaugural lecture on Crime Policy (November 1998), and the tional USA held in Minneapolis and pre- Wednesday, March 15, 2000 at the Law annual meeting of the American Society sented a paper on transnational corpora- School. of Criminology (November 1999). In tions and human rights to a Conference September 1998 he convened a meeting on Corporate Liability in International Ann M. Burkhart has been promoted in Minneapolis of the Executive Sessions Law,held in Rotterdam. In May 1999, he to the rank of Professor of Law by the on Sentencing and Corrections spon- presented a lecture on the rights of non- University of Minnesota Board of sored by the U.S. Department of Justice. citizens at Macalaster College in St. Paul Regents. Beginning in October 1999, Professor and another lecture on international trial Tonry became director of the Institute of observers to the annual meeting of the Jim Chen has been promoted to the Criminology, University of Cambridge, International Bar Association in Boston. rank of Professor of Law by the Univer- while retaining a part-time appointment Professor Weissbrodt was also among the sity of Minnesota Board of Regents. He at the University of Minnesota. first faculty to receive a University of also again received the honor and title of Minnesota Community Service Award Vance Opperman Research Scholar. DAVID WEISSBRODT completed his for his activities on international human four-year term as the United States mem- rights. Maury S. Landsman was awarded the ber of the U.N. Sub-Commission on the Stanley V.Kinyon Clinical Teacher of the Promotion and Protection of Human SUSAN M. WOLF published “Toward Year Award in May during the Class of Rights, which meets each August in a Systemic Theory of Informed Consent 1999 Commencement Ceremony. Geneva, Switzerland. In August 1999, in Managed Care” in the Houston Law Professor Weissbrodt made a presentation Review. She is working on articles and a John H. Matheson was awarded the on human rights violations in such coun- book on a range of topics in genetics, Stanley V. Kinyon Teacher of the Year tries and regions as Belarus, Indonesia, assisted reproduction, and bioethics. A Award in May during the Class of 1999 Kashmir, North Korea, Peru,Tibet,Togo, new Joint Degree Program in Law, Commencement Ceremony. and the United States. He also introduced Health & the Life Sciences that Professor his preliminary study for the Sub-Com- Wolf took the lead in developing was Michael Stokes Paulsen has been mission on the rights of non-citizens and approved by the Regents, and Dean Sul- appointed to the Briggs and Morgan Pro- his study on the history of League of livan named her first Program Director. fessorship in Law. He will deliver his Nations and U.N. actions against slavery. Professor Wolf has been promoted to full inaugural lecture on January 12, 2000 at In addition, he commented on four stud- professor and named to the 1999 Julius the Law School. ies about economic, social, and cultural E. Davis Chair in Law. In April she gave rights; two studies on indigenous rights; birth to twins. john a. powell has been appointed as a and a study about terrorism and human co-holder of the Marvin J. Sonosky Chair rights. He proposed a new study on the JUDITH T. YOUNGER is currently in Law and Public Policy. He gave his rights of Roma (gypsies). Furthermore, working on two projects. One is a study inaugural lecture at the Law School on he served as a member of the Sub-Com- of the “family” and the “common law Tuesday, October 19, 1999. mission’s Working Group on Communi- trust."”The other is a study of the child cations which identifies countries that protection system in the United States, Stephen M. Simon has been appoint- have engaged in consistent patterns of based on some field work done in Min- ed the second holder of the Vaughan Pap- gross violations of internationally recog- neapolis, examining strengths and weak- ke Clinical Professorship in Law, an nized human rights. Professor Weissbrodt nesses and suggesting reforms. appointment which will run from 1999 co-authored articles on the 1998 session to 2001. of the Sub-Commission for publication in the Journal of Law and Inequality and the Susan M. Wolf has been promoted to Netherlands Quarterly for Human Rights. the rank of Professor of Law and Medi- cine by the Board of Regents. She has

14 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

been named the co-recipient of the Julius The John Dewey Lecture in Davis Chair in Law for the 1999–2000 the Philosophy of Law academic term. Professor Wolf is also the Director of the new Joint Degree Pro- ack M. Balkin, Knight Professor of gram in Law, Health & Life Sciences. JConstitutional Law and the First Amendment at Yale Law School, delivered the John Dewey Lecture in the Phi- losophy of Law entitled “Is Law Good to Think With?” on April 7, 1999. Professor Balkin teaches and writes in the areas of constitutional law, with a special emphasis on the First Amendment. He also Justice Albie Sachs teaches torts, jurisprudence, telecommunications and cyberspace law, multicul- Justice Albie Sachs Visits the turalism, social theory and the theory of ideology. He has written dozens of arti- Law School cles on many different aspects of legal rom April 5 through April 9, 1999, the theory from the forms of legal rhetoric FHonorable Albie Sachs,Associate Jus- to the constitutionality of the V-Chip. tice of the Constitutional Court of South His interdisciplinary work ranges from Africa was a guest of the Law School, the law and economics and law and literature Bradley G. Clary University’s Interdisciplinary Center for to law and music. the Study of Global and the University’s Human Rights Center. During his visit, New Legal Writing Director Justice Sachs addressed the faculty and radley G. Clary joined the Law staff on a variety of subjects including BSchool as the new Director of Legal South Africa’s Constitution and the death Writing and Research in July, 1999. He penalty, gave an address to a community- will coordinate and supervise the first wide audience on South Africa’s Truth year legal writing program and the moot and Reconciliation Commission, and court programs. Mr. Clary has been a taught a seminar for students on funda- partner at Oppenheimer Wolff & Don- mental rights in South Africa. nelly law firm since 1975. He was chair of the Business Litigation Practice Group Born in 1935 in Capetown, Justice Sachs from 1995 to 1998. From 1993 to 1995, has become one of South Africa’s most he was chair of the firm's former Gener- outstanding and honored civil rights Jack M. Balkin al Litigation Department and co-chair of lawyers. He has taught at law schools the former Antitrust Practice Group. Mr. around the world, was twice detained by Clary has been an adjunct professor at the South African police for his civil rights Professor Balkin received his A.B. and J.D. University of Minnesota Law School activities and was nearly killed by a car degrees from Harvard University and his since 1985, serving as a faculty advisor for bomb in Mozambique while advising Ph.D. in philosophy from Cambridge the National Moot Court program. Mr. Nelson Mandela and the African Nation- University. He served as a clerk for Judge Clary was also an adjunct professor at al Congress. Before his appointment to Carolyn D. King of the United States William Mitchell College of Law, where the Constitution Court, Justice Sachs was Court of Appeals for the Fifth Circuit and he taught antitrust in 1997 and 1999 and the founding director of the South Africa practiced as an attorney at Cravath, lawyering skills in 1995, 1996 and 1998. Constitution Studies Centre, a member Swaine, and Moore in New York City Mr. Clary received his J.D. degree, cum of the Constitutional Committee of the before entering the legal academy.He has laude, from the University of Minnesota African National Congress and a mem- taught at several law schools in this coun- Law School in 1975. ber of the National Executive of that try and has been a visiting professor at the Organization.Author of many books on Buchman Faculty of Law at Tel Aviv Uni- human rights, and a jail diary which was versity and Queen Mary and Westfield dramatized for the Royal Shakespeare College at the University of London. He Company and broadcast by the British is the founder and the director of Yale’s Broadcasting Company, Justice Sachs has Information Society Project, a center been awarded Honorary Doctorates of devoted to the study of law and the new Law by the University of Southampton information technologies. and the University of York in Toronto, Canada.

Law Alumni News / Fall 1999 15 LAW SCHOOL NEWS AND EVENTS

1999–2000 Visiting Faculty

rofessor Dan L. Burk, a recognized Pintellectual property scholar, will teach this year Copyright Law, Patents, and a seminar in Law & Biotechnology. Professor Burk received his B.S. degree in microbiology from Brigham Young Uni- versity, M.S. degree from Northwestern University in molecular biology and bio- chemistry, a J.D. degree from Arizona State University and a J.S.M. from Stan- ford University Law School. He is a nationally recognized scholar in the fields of copyrights, patents and intellectual property in cyberspace. Professor Elizabeth Rynning and her husband Jan, visited with Professor Dan Burk, and his wife Laurie, during the annual Faculty Dinner held Sunday, August Elizabeth Rynning is a visiting facul- 29, 1999. ty member form Uppsala University in Sweden. Since graduating from law school in 1980, she has served as a judge versity Law School and holds a B.A. and a staff lawyer with the Parliamentary degree in history and government from Order of the Coif Bowdin College. Ombudsmen in Sweden. Her area of spe- Class of 1999 ciality and research includes health law and bioethics and administrative law.At Jeannette Arazi the Law School this fall, she will teach a Stacy Lynn Bettison seminar on health law from a compara- Robin Caneff tive and international perspective. Paul Civello Curtis Fisher Margaret Garvin Eileen Day Graton K. Andrew Hall Theresa Hankes Michael Hellwich Keith Bystrom Bridget C. Johnson Ryan S. Johnson Todd D. Lee Keith Bystrom is visiting in the law clinic from the University of Oklahoma. Greg McAllister He has been the director of the clinical Ryan Miest Adam Samaha legal education program at the Universi- Erick Ottoson ty of Oklahoma Law Center, a faculty Emily Rome Adam Samaha joins the Law School as member at the University of Oklahoma Estella Schoen a visiting scholar directly from a clerkship since 1985 and served as acting dean of John B. Simko on the United States Supreme Court the law school in the late 1980s. He Nicole Terpstra received his law degree from Georgetown with Justice John Paul Stevens. He will Kari Thoe teach Local Government Law in the fall University Law Center and his B.S. and a First Amendment course in the degree from the University of Nebraska. Thayer Thompson spring. Prior to clerking for Justice During the fall semester he will teach a W. Mark Weidemaier Stevens, he clerked for Chief Justice simulation-based Interviewing, Counsel- Elizabeth C. Welter Sandy Keith on the Minnesota Supreme ing and Negotiations course as well as Jeffrey Witt Court and practiced law with Robins, supervise students in the Civil Practice Kaplan, Miller and Ciresi in Minneapo- Clinic. lis. He is a graduate of the Harvard Uni-

16 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

A Minnesota Anchorage Alumni Flock North to the Legal Frontier —by Carl H. Johnson (’99) s I made the approach into Anchorage International Airport Aon Sun Country Flight 29, I looked frantically through the window, trying to get my bearings. Nothing looked quite like it did on the map,which is the only way I have come to know my new home—through research.

As I was about to take my first step onto the soil of our forty-ninth state, I felt small in the face of this vast land. I brought with me the comfort of knowing, however, that I was merely one of the 26 Minnesota law alumni who chose to At 250,000, Anchorage is Alaska's largest city and legal hub, hosting the State Supreme settle in Anchorage,Alaska’s largest city. Court, Court of Appeals, and courthouse for the Third Judicial District.

With 6,200 out of 8,900 alumni practicing in Minnesota, one would think that few if any University of Minnesota Law in particular metropolitan areas. Many of Despite the many stereotypes associated School graduates ever left the state.While these cities are well-known as legal hot with Alaska, many of its true qualities are this may have been the historical trend, spots—Washington, D.C., Chicago, San well known. Alaska is still accurately in recent years Minnesota alumni are Francisco, and New York to name a few. known as “The Last Frontier.”It occupies leaving the state upon graduation in ever- Yet silently and consistently, Minnesota over 365 million acres of land, while only increasing numbers.This reflects the Law alumni are emigrating to the far north of one twentieth of one percent of that land School’s growing national reputation, as Anchorage, Alaska. In fact, it is the sec- is developed. well as the respect and recognition shown ond highest per capita concentration of to Law School alumni in organizations alumni outside of Minnesota. More than just its size and remoteness, and firms in other states. Alaska still holds for many the true spirit When most people think of Alaska, the of the frontier that attracted settlers West In 1998, 35 percent of the graduating things that come to mind are cold, dark- in the nineteenth century. Many people class left the state.This was an anomaly in ness, brown bears, commonly known as migrated to Alaska to experience life the face of recent trends: From 1995 to “grizzlies,” and Northern Exposure. But without outside interference, to choose 1997, the number of graduates leaving unlike the reluctant and petulant Dr. Joel whatever path they wanted to follow,says the state increased from 30 percent to 41 Fleischman of the CBS television series, Ethan Windahl, Class of ’69.Windahl, a percent. Minnesota alumni go willingly, seeking retired Magistrate in Anchorage, adds, opportunity in a climate that is close to “Alaska appeals to those who have no Aside from the trend reflecting the Law that at home. interest in society’s strictures. It appeals to School’s growing reputation, the out-of- the rebels.”He laments, however, that the state movement also presents opportuni- Contrary to beliefs about darkness and influx of pipeline wealth has tainted Alas- ty. With Minnesota alumni becoming harsher winters, Anchorage has slightly ka’s formerly laissez-faire spirit. increasingly mobile, Minnesota business- milder winters than in Minneapolis, and es have an increased opportunity to grow Alaska has the highest daily average of Since much of Alaska’s vast interior is nationally and globally. Through the sunlight hours of any state in the coun- uninhabited wilderness, the primary alumni network, Minnesota employers try. Anchorage enjoys an annual daily mode of transportation for Alaskans is the are increasingly developing contacts in average of 12.5 hours of sunlight, with a airplane. Only one-third of Alaskan com- cities throughout the United States. high of 19.3 hours a day in June and a munities are accessible by roadway.Alas- low of 5.5 hours a day in December.The ka has both the highest number per capi- Minnesota alumni are flocking to certain hours of daylight in each day is part of ta of registered pilots as well as airplane areas of the country, with concentrations the regular forecast. owners of any state in the country. Mer-

Law Alumni News / Fall 1999 17 LAW SCHOOL NEWS AND EVENTS

a population of over the Exxon Valdez oil spill. Her office is 2,500 in the Anchor- currently the only office in Alaska that age “bowl,” moose provides legal services to immigrants. cause over 100 traffic accidents in the city Kimmel agrees that the abundant oppor- each year. Locals tunities in Anchorage are a strong draw know that leaving out for the area. She adds that not only is the birdseed can bring an climate similar to that of Minnesota, there unwanted visit from are so many Minnesotans up there already an Alaskan brown that it “probably feels a bit like home.” bear in the summer or a hungry moose in Peter A. Michalski, Class of ’71, is a judge the winter. Tourists with the Alaska Superior Court’s Civil discover the hard way Division in Anchorage. He first came to that small pets are easy Alaska in 1971 and joined the Attorney prey for an area that is General’s office in Juneau. After two home to the largest years, he transferred to the AG’s office in population of bald Fairbanks where he was an assistant dis- eagles in the world. trict attorney. In 1977, he transferred to the Anchorage AG’s office and was Encounters have appointed to the court in 1985. ranged from irritat- ing, such as the con- The moving around to different villages frontation between a and cities is not uncommon for those bull moose and a tire who practice law in Alaska. swing in Soldotna last year, to deadly, Despite recent declines in the timber and The Chugach Mountains, which border Anchorage to the east, including a fatal oil industries, and the significantly dimin- provide many outdoor recreational opportunities, such as moose stomping on ished salmon runs, natural resources still berry picking, hiking and fishing, to those who practice law in the campus of the play a dominant role in Alaska’s econo- Anchorage. Favorite activities during the work day include whale watching and salmon fishing over the lunch hour in University of Alaska my, and, consequently, in the practice of nearby Ship Creek. Anchorage in 1995. law in Anchorage.

rill Field, an airstrip in Anchorage for The wildness, the climate, the abundant Judge Michalski notes that the significant smaller, private planes, is one of the opportunities, and the unique nature of amount of federal and state land busiest airfields of its type in the country. life in Alaska are among the many quali- resources in Alaska contribute to a prac- The Lake Hood Seaplane Base, located ties that draw Minnesota alumni Up tice of law with issues relating to extrac- near the International Airport, has the North. tive aspects of taxation and protection of largest number of seaplane landings and natural resources. Some of the more takeoffs in the country. John Novak, Class of ’85 and Chief Assis- unique aspects of practicing law in Alas- tant District Attorney and Supervisor of ka he has encountered revolve around The wild and unique nature of the the Violent Crimes Unit at the Anchor- the sensitive issues associated with Alaskan countryside also tends to find its age District Attorney’s Office, believes that Alaskan Native children. way into the populated areas, particularly the climate and abundant opportunities Anchorage.With the official state sport of are what brings Minnesotans to Alaska. The uniqueness of being a judge in dog mushing, it is no surprise that one of “There are opportunities in Alaska for Anchorage is not limited to the law. The the most famous dog sled races in the young lawyers that are not available in the new state courthouse stands near an area world, the Iditarod, would begin in Alas- Lower 48,” he adds. Novak also believes that was swallowed up by the ground in ka’s largest city. Even as early as August, that the unique character of the people a 9.2 Richter Scale earthquake, the most 1999, over 70 mushers had signed up for and the wild land add to Alaska’s appeal. powerful in United States history,that hit the over 1,000 mile race that begins on Anchorage on Good Friday in 1964. March 4, 2000. Mara Kimmel, Class of ’96, is an immi- Occassionally, a large enough tremor hits gration attorney for Catholic Social Ser- to force judges, clerks, and secretaries Alaska’s abundant wildlife also manages to vices in Anchorage. She sought to return alike into doorways for shelter. find its way into Anchorage. Reports of to Alaska after living there briefly in encounters with moose and brown bears 1984, and in 1989–90 while working Jim Reeves, Class of ’70, is a litigator for in the city limits are not uncommon.With with an Alaskan Native corporation after Dorsey & Whitney, working primarily

18 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

with public lands and natural resources just blocks away from the courthouse. issues. He notes that practice in Anchor- News of the bizarre encounter spread Highest Concentrations age invariably is more litigation-inten- quickly through the building. of sive.There simply is not nearly as much transactional work here as there is in the Stories about the quirkiness of a legal life University of Minnesota States, he explains. (Many Alaskans do in Alaska abound. Jim Reeves notes that Law School Alumni not use the term “Lower 48,”but instead the Alaskan bush adds some interesting prefer “the States” or simply “Outside”). twists to the experience. “You’ll have Outside Minnesota He adds,“One of the best things about these villages in the middle of nowhere practicing law in Alaska—you can be a where everyone has to fly in to hold a generalist.” hearing.The judge will come in to town, By Actual Number so will the PD and the prosecutor. Reeves finds it ironic that he now is an Maybe there might be a magistrate who 1. Chicago, IL attorney for a firm like Dorsey & Whit- lives in town.” With a laugh he adds, 2. Washington, D.C. ney. Fresh out of law school, he had no “Then everyone will shack up together 3. Los Angeles, CA desire to do commercial litigation, to “go with sleeping bags in someone’s cabin into a law factory.” He considered it the and drink beer together.”That’s just the 4. San Francisco, CA “ultimate dark side of law practice.” A way it is. Other alumni reflect similar 5. New York, NY larger firm partner once told him that experiences. 6. Seattle, WA large firm life was like the “solemn join- 7. Milwaukee, WI ing together of you and a law firm, just Whether seeking a unique practice that like the joining of a man and a woman concentrates on natural resources or 8. Phoenix, AZ in marriage.”Young and seeking adven- Alaskan Native issues, or hoping to prac- 9. Denver, CO ture, he set out for Alaska, landing first in tice criminal law or personal injury, 10. Dallas, TX the AG’s office in Juneau in 1971. Anchorage has more to offer than mere- 11. Anchorage, AK ly a challenging and opportunity-ripe 12. Madison, WI For Mara Kimmel, the unique character practice. of practice in Alaska has been the casual, 13. Portland, OR close-knit nature of the community. After reminiscing about the diverse, 14. Houston, TX “You can get to know everyone in a hur- exciting, satisfying, and colorful life and 15. Kansas City, MO ry,” she adds. Others warn that if you practice he has found in Alaska, Ethan make an ethical blunder, “you might as Windahl adds with a wink:“They say that well leave town, because everyone will in Alaska there are no secrets because in know it.” Most alumni agree, however, the summer the sun never sets and in the Per Capita by that any aspiring attorney will find that winter you leave tracks in the snow.” General Population Anchorage offers everything for legal practice that any other city has to offer. Carl Johnson is currently serving as a law 1. Washington, D.C. The only barrier to a satisfying practice clerk with the Alaska Superior Court in 2. Anchorage, AK is one’s imagination. Anchorage. 3. San Francisco, CA Another unique aspect of practicing law 4. Madison, WI in Alaska flows from the youth of the 5. Milwaukee, WI state. Admitted to the Union in 1959, 6. Seattle, WA there is a dearth of case law in the state 7. Denver, CO court system. Every new case has the 8. Chicago, IL potential for becoming precedent.With so many issues of law unsettled, every 9. Portland, OR attorney has the potential to make their 10. Phoenix, AZ mark.With Anchorage as the legal hub 11. Dallas, TX for the state, that makes practice in 12. Los Angeles, CA Anchorage even more attractive. 13. New York, NY Even in downtown Anchorage the cour- 14. Kansas City, MO thouse is not isolated from nature. Just the 15. Houston, TX other day a man was chased into a bar on Fourth Avenue by an Alaskan brown bear,

Law Alumni News / Fall 1999 19 LAW SCHOOL NEWS AND EVENTS

Matters of the Mind:A New Intellectual Property Review hen the Wend of any semester arrives and students hovel in study carrels more than usual to prepare for exams, discussions inevitably turn, after hours of contracts review, to any number of happy distractions. On one such evening two years ago, Abraham Chuang and Eric Hwang started talking about petitioning for the law journals; they were dismayed over the fact that the Law School had no intellectual property review. They gathered a few of their friends and approached Dean Sullivan, and the result was the creation of the Minnesota Intellectual Property Review, the first on-line law journal of the Universi- ty of Minnesota Law School that will publish its first edition in May 2000. During the orientation for the journal, members of the first Intellectual Property Review Hwang, who will be an Executive Editor, staff posed for this picture. showed a great deal of enthusiasm for the project.“I think we’re taking part in a very depth to a program that they’re trying to Besides Jacono and Hwang, the Review’s important trend in legal development,”he strengthen.We offer the courses, we have first staff includes Kristin Longley, Exec- said,“given its growth as a field of law, I the experts, and we also publish scholarly utive Editor, Managing Editors Abraham would say it’s imperative that a law school works.” Chuang and Ramon Naguiat, Articles of this great caliber has to make an inroad Editors Timothy Cole,Theodore Kittila, into intellectual property law.” He point- Jacono and Hwang both discussed the Daniel Nitzani and Carl Olson, and staff ed out the intellectual resources available appropriateness of the Review as elec- members Johnny Aguilar, Mark Boelke, at the Law School, faculty such as recent tronic media.“It’s a natural place to put Jeremy Cobb, Theodore Dorenkamp, visiting Professor Dennis Karjala, Profes- it,” Jacono commented,“people in tech- Barry Edwards, Kerry Evans, Matt sors Jim Chen, Daniel Gifford, David nology are very comfortable with the Franken,Alicia Hughes, Hugh McTavish, McGowan (who will be the review’s fac- internet.” Tamara Rollins, Rohit Sabnis, Erin ulty advisor) and visiting faculty member Skold, Sarah Wasmundt and Mike Wu. Professor Dan Burk. “There’s a cost benefit, but [beyond that] being online allows us to take advantage “Intellectual property is a booming Anthony Jacono, the Review’s Editor-in- of online technologies,” Hwang added, field,” Hwang said,“and given that this is Chief, addressed the broad range of top- “We can hyperlink articles to other sites, a corporate city, with many high-tech ics the journal will cover, ranging from other articles, also set up chat rooms, have firms, there are so many intellectual patents to entertainment law to technol- readers post their comments. Obviously property and technology resources here; ogy.“There seems to be a confluence of this is a very fertile arena for intellectual there are little pockets like these emerg- a lot of energies and efforts put toward discussion.There’s a whole world of pos- ing all over the country. It’s not just Sili- intellectual property; it’s exciting to be a sibilities out there, and we’ve barely conValley anymore.We have the chance part of that, it’s exciting to take the fore- scratched the surface.” to make this difference, and we have the front in Minnesota, certainly in the Twin resources. I believe the project is going Cities...the University is usually at the The journal will publish a few print to be a success.” forefront of a lot of areas, and this is cer- copies for archival purposes, and because tainly reasserting its prominence in intel- “we know that hard drives can crash, how lectual property. It’s another way to add fragile computers can be,” Jacono said.

20 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

Professor John J. Cound’s Retirement Dinner

Family, colleagues, friends, and alumni shared the special evening.

Professor Cound

Ronald A. Jacks ('59), a member of Professor Cound's first Remedies class

Professor Jack Cound and wife, Jeanne, and family.

Professor Doug Kilbourn

Robert Stein, executive director of the ABA and former dean, Professor Cound Bronwen L. Cound, Professor Cound's daughter and Dean Tom Sullivan.

Law Alumni News / Fall 1999 21 COMMENCEMENT 1999

Class of 1999

Justice Alan C. Page ('78) delivered the LL.M. Class of 1999 Commencement Address to the Class of 1999.

...Character is who we are at our core. It’s what determines what we believe and how we choose to respond in any given situation. Character is not something we are born with, nor does it develop automatically it must be consciously developed...Whether we’re 50 or 15, or 5 or 75—whether we’re a professor, a student, or an alumnus of the University of Minnesota Law School, a family member or friend of one of today’s graduates, or a Supreme Court Justice—we will be forced to re-evaluate and renew our character again and again. It isn’t enough to rely on what we’ve done in the past, it isn’t enough to give lip service to what we believe, and it certainly isn’t enough to compare our own character to that of someone we consider to be of bad character. How we act today, and every day for the rest of our lives, will define who we are...

—Excerpt from the Commencement Address given by Justice Alan Page.

22 Law Alumni News / Fall 1999 COMMENCEMENT 1999

Professor John H. Matheson received the Stanley V. Kinyon Teaching and Counseling Award.

Pictured from left to right: Bridget Cathleen Johnson, recipient of the Excellence in Public Service Award; Greg A. McAllister, recipient of the Most Promising Lawyer Award; Monika Vicandi, delivered the LL.M. Graduation Address; Joshua Kammerer, co-chair of the Graduation Committee, presented the Student Awards; and Azhar M. Usman, delivered the J.D. Graduation Address.

Professor Maury S. Landsman received the Stanley V. Kinyon Clinical Teaching Award.

Families, including the youngest members, celebrated with the graduates.

Law Alumni News / Fall 1999 23 COMMENCEMENT 1999

Four Distinguished Law School Alumni Receive the University of Minnesota’s Outstanding Achievement Award n the spring of 1999, four distinguished alumni were awarded the University of IMinnesota’s Outstanding Achievement Award by the Law School. The award which recognizes exceptional achievement in a professional field or in community service, is the highest honor given to alumni. Each of the recipients has given freely of their time, energy and resources to support and direct the growth of the Law School.

Michael Wright and Michael Ciresi received their awards at the annual Lock- Gathered moments before the 1999 Commencement Ceremony are Jean Hanson ('76), hart Dinner on April 29, 1999. Jean Han- Dean Sullivan, Regent William Hogan, president of the University of Minnesota Board son and Hubert H. Humphrey, III received of Regents, Hubert H. Humphrey, III ('69). their awards during the Law School’s Com- mencement Ceremony on May 8, 1999.

Michael Wright is the Chair, CEO and president of SUPERVALU INC. Mr. Wright was captain of the 1959 Gopher football team and an Academic All-Ameri- can. He graduated from the University of Minnesota with a B.A. degree in 1961 and graduated with honors from the Law Dean Sullivan posed with recipient Michael Wright ('63) and his wife, Judy, School in 1963. He practiced for 13 years Michael Ciresi ('71). receive congratulations from members of with Dorsey & Whitney law firm in Min- the Lockhart Club. neapolis before joining SUPERVALU cial litigation. He has acted as counsel for INC. as Senior Vice President in 1977. He corporations, individuals and governmental well as investment banking firms and cor- was elected President and Chief Operating entities throughout his career. He has porations.The National Law Journal select- Officer in 1978, became Chief Executive received numerous awards and recognitions, ed her as one of 50 under 50 years of age Officer in June 1981 and was named Chair- including, in 1998, the “Trial Lawyer of the whose accomplishment, influence and rep- man of the Board in 1982. Mr.Wright is a Year Award” by the Trial Lawyers for Public utation have placed them in a category of recipient of the 1999 Horatio Alger Award. Justice Foundation and a “Lifetime Achieve- their own. Ms. Hanson serves on the Law He is a member of several boards includ- ment Award” by the Minnesota Trial School Board of Visitors. ing: the St. Thomas Academy board of Lawyers Association. Mr. Ciresi has been a trustees, a trustee emeritus of the Universi- member of the Law Alumni Association Hubert H. Humphrey,III is a Public Affairs ty of Minnesota Foundation, the board of Board of Directors and was the 1997–98 consultant with the Tunheim Santrizos overseers of the University of Minnesota National Chair for the Law School Partners Company. He was educated from Ameri- Carlson School of Management and also in Excellence annual fund drive. He cur- can University in Washington, D.C. and serves as Co-Chair of the Building Fund of rently serves on the Law School Capital received his law degree from the Law the Law School’s Capital Campaign. Campaign Cabinet. School in 1969. He worked in private practice in Minneapolis from 1969 to 1982. He Michael Ciresi is a partner and Chairman Jean Hanson is a partner in the New York was elected to the Minnesota Senate in of the Executive Board of Robins, Kaplan, City law firm Fried, Frank, Harris, Shriver 1972, where he served for 10 years. Mr. Miller & Ciresi law firm. He received his & Jacobson. She received her J.D. degree, Humphrey was elected Minnesota Attor- undergraduate degree from the University cum laude, from the Law School in 1976. ney General in 1982 and in his sixteen years of St.Thomas and his law degree from the She joined the law firm of Fried, Frank, as attorney general, he was widely recog- Law School in 1971. He began practicing Harris, Shriver & Jacobson after graduation nized as a dynamic and aggressive advocate with Robins Kaplan in 1971. Under his and in 1983 she became a partner. In 1993, for the public interest. He fought for con- strong leadership Robins, Kaplan, Miller & President Clinton appointed Ms. Hanson as sumer and environmental protection, chil- Ciresi has grown internationally and General Counsel for the United States dren’s advocacy, fighting drugs and anti- became a more diversified law firm. Mr. Department of the Treasury. She rejoined crime. He was at the forefront of several Ciresi’s trial practice and consulting is Fried Frank in 1994. In her practice she celebrated cases including the tobacco case. focused in the areas of product liability, represents a wide variety of clients, both Mr. Humphrey also has served on the Law intellectual property, business and commer- foreign and domestic, public and private, as School Board of Directors.

24 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

“Dukedom large enough” —By Katherine Hedin, Curator of Rare Books and Special Collections

he pivotal role of libraries has perhaps a systematic manner. It remained the Tnever been expressed in more color- principal source of legal authority until ful language than in Shakespeare’s The the publication of Sir Edward Coke’s Tempest. “My library,” speaks Prospero, Institutes 350 years later. One of the gems “was dukedom large enough.” Certainly of the Law Library’s Rare Books Collec- the University of Minnesota’s Law tion is its copy of the first printed edition Library—the primary learning laboratory of De Legibus, published by Richard Tot- for both students and faculty—is “duke- tell in London in 1569. dom large enough.”This article is one in a series describing the rich collections and vital services of the Law Library. One of the most fascinating but arcane collections of the Law Library is the Arthur C.Pulling Rare Books Collection.

An appropriate place to begin a discussion of the highlights in the Rare Books Col- lection is Magna Carta, surely “dukedom large enough” in the history of constitutional thought.The Law Library owns a stellar collection of early printings of Magna Carta, cu aliis antiquis statutis. Magna Carta and outstanding examples of London, 1531. key works in legal history which bear a direct relation to Magna Carta. survive: two are in the Cathedrals of Lin- Henrici de bracton de Legibus...London, coln and Salisbury,where they were orig- 1569. One of the earliest commentaries The Great Charter agreed to by King inally placed in the thirteenth century, on the provisions of Magna Carta. John on June 15, 1215,“in the meadow and two are in the British Library. Fortu- which is called Runnymede, between nately, the Charter survived the rage of Windsor and Staines,” influenced the King John as well as Pope Innocent III, Throughout the Middle Ages, Magna development of constitutional law in who declared it null and void and pro- Carta continued to be confirmed by the England and America, and in countries nounced excommunication on anyone Crown and interpreted by the courts and which followed their example.Although who enforced it. Both the king and the Parliament. In 1297, during the reign of it was an extremely practical document, pope died shortly thereafter and the Edward I, it was placed on the Statute spelling out the rights the king promised Charter was reissued in 1216 and 1217, Books of England. By the end of the his rebellious barons and, in turn, the with alterations, by the government of fourteenth century it had become funda- rights the barons promised to the freemen Henry III, as a way of rallying support for mental law. For example, a 1368 statute under them, many of its provisions still the boy-king. A third reissue in 1225, of Edward III states that the Great Char- resound today: with additional modifications, became ter should be “holden and kept in all the version of the Charter that was Points; and if any Statute be made to the “No free man shall be taken, known and used in England until the contrary that shall be holden for none.” imprisoned, disseised, outlawed, eighteenth century. banished, or in any way destroyed, Magna Carta existed in manuscript form nor will We proceed against or Commentary on Magna Carta began until 1508, when it was first printed by prosecute him, except by the law- almost immediately. Most famous was a Richard Pynson in London.According to ful judgment of his peers and by treatise on English law written by Henry bibliographer Joseph Beale, eighteen the law of the land.” (Chapter 39) de Bracton between 1250 and 1258. His printings occurred during the sixteenth manuscript De Legibus et consuetudinibus century.The Law Library owns fourteen “To no one will We sell, to none Angliae (Laws and customs of England), of these early printings of Magna Carta. will We deny or delay, right or jus- described by legal historian F.W. Maitland One of the Library’s treasures is its 1514 tice.” (Chapter 40) as “the crown and flower of English copy of Magna Carta, the earliest print- medieval jurisprudence,” was the earliest ing of Magna Carta in the Library. Four copies of King John’s Magna Carta attempt to treat English common law in Another is its copy printed in 1534, the

Law Alumni News / Fall 1999 25 LAW SCHOOL NEWS AND EVENTS

had an enduring influence not only on the battle between the Crown and Par- liament in seventeenth century England, but also on the belief of colonists in the New World that their rights as English- men reached back to Runnymede.

In spite of the reverence with which Magna Carta was held, it was not until the eighteenth century that Sir William Blackstone discovered that all previous printings of Magna Carta had been of Henry’s 1225 reissue, rather than the original charter as issued by King John in 1215. His Great Charter and Charter of the Forest, published in 1759, was the first printing of the original charter.As Jordan Luttrell, owner of Meyer Boswell Books, wrote,“It is surely striking that we had to wait more than half a millennium to achieve the first accurate, printed render- Sir Edward Coke. Second part of the Institutes of the lawes of England...Lon- don, 1642. An elaborate and influential commentary on Magna Carta. The provisions of Magna Carta became first time the Charter appeared in Eng- part of the fabric of colonial America lish rather than Latin. through works such as Henry Care's Eng- lish Liberties, printed in Boston, 1721. It was not, however, until the time of Sir has an exceptionally rich collection, Edward Coke in the seventeenth centu- repeatedly echo the sentiment expressed ry that Magna Carta became fully cele- in the Virginia Charter of 1606 in which brated as the chief cornerstone of the colonists are granted “all Liberties, Fran- common law. In The Second Part of the chises and Immunities” of those living in Institutes of the Lawes of England, an exten- England. Magna Carta was also brought sive analysis of Magna Carta completed to the colonies through the works of in 1628, Coke argues vigorously against Coke and Blackstone, which were the the absolute power of the monarchy. For foundation of colonial collections of law example, Coke wrote of the king’s books. In addition, Henry Care’s English promise in Magna Carta not to sell or Sir Edward Coke. From Second part of Liberties, an influential commentary on deny justice, the Institutes of the lawes of England. Magna Carta, was frequently found in 1642. colonial libraries. Care’s work, printed in As the goldfiner will not out of the ing of John’s Magna Carta.” (AB Book- Boston in 1721, is the earliest legal trea- dust, threds, or shreds of gold, let man’s Weekly, May 8, 1989). The Law tise printed in America that is owned by passe the least crum, in respect of Library’s copy of Blackstone’s Great Char- the Law Library. the excellency of the metall: so ter, a handsome first edition folio, was ought not the learned reader to let purchased in October 1935 by Arthur C. Magna Carta’s enormous capacity for passe any syllable of this law, in Pulling, the Library’s first director. (The growth is evident in the influence it respect of the excellency of the price, incidentally,was $20.00; a copy was exerted in revolutionary America and in matter. recently listed in a rare book dealer’s cat- the period which followed.The “rights alog for $3500.) of Englishmen” are expressed over and The Law Library’s copy of the first edi- over again: The Declarations and Resolves of tion of Coke’s Institutes is undoubtedly Magna Carta’s influence was transported the First Continental Congress (1774), one of the highlights of the Rare Books to the New World by colonists eager to Thomas Paine’s Common Sense (1776), Collection. Coke’s commentary on assert their rights as Englishmen. Colo- and John Adams’ A Defence of the Consti- Magna Carta, based on the 1225 reissue, nial charters, of which the Law Library tutions of the United States (1787) are but

26 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

three examples. The Bill of Rights, of which the Library has many early printings, shows a direct correlation between University of Minnesota the agreement at Runnymede 576 years earlier:“No person shall...be deprived of Law School Lectures life, liberty, or property, without due process of law....” 1999-2000

Professor Herbert Hovenkamp Ben B. & Dorothy Willie Professor of Law and History University of Iowa College of Law William B. Lockhart Lecture Wednesday, October 13, 1999

Professor john powell Marvin J. Sonosky Professor of Law and Public Policy Tuesday, October 19, 1999

Professor Michael Stokes Paulsen Briggs and Morgan Professor of Law Wednesday, January 12, 2000

Professor David P. Bryden Gray Plant Mooty Mooty & Bennett Professor of Law Tuesday, February 8, 2000

Professor Karen C. Burke Dorsey & Whitney Professor of Law Journal of the proceedings of the Con- Wednesday, March 15, 2000 gress, held at Philadelphia...1774. Lon- don, 1775. With this is bound: Extracts from the votes and proceedings of the Professor Neil MacCormick American Continental Congress...Lon- Centre for Law and Society don, 1774. University of Edinburgh, Scotland The rights of Englishmen as first embod- The John Dewey Lecture in the Philosophy of Law ied in Magna Carta found expression in Wednesday, April 5, 2000 the resolutions of the Continental Con- gress, in the writings of John Adams and others, and ultimately in the Declaration Professor Suzanna Sherry of Independence. The work shown here Earl R. Larson Professor of Civil Rights and Civil Liberties Law is a London reprint which followed the first printing in Philadelphia. It is the first Tuesday, April 11, 2000 complete account of the first American Continental Congress. 1.25 CLE credits have been requested for the John Dewey Lecture and 1.0 CLE credits has been requested for all other lectures. It is my hope as Curator of Rare Books and Special Collections that even a If you would like to attend any of the lectures, please RSVP to description as cursory as the above may lead alumni to a deeper appreciation of Priscilla Crary at 612-625-4544 one week before the lecture. legal history as it is preserved and made available at the Law Library.

Law Alumni News / Fall 1999 27 LAW SCHOOL NEWS AND EVENTS

Staff Recognitions Nora Klaphake was appointed as the Dennis Kern, former Computer Ser- new Associate Director of Career Ser- vices Manager, accepted the position of Janet Wiig, has been appointed the new vices. She is a 1994 graduate of the Law Information Systems Director for the Co-Director of the Institute on Crimi- School. Ms. Klaphake was the Associate Minnesota House of Representatives. nal Justice. Ms.Wiig has served as Associ- Director of Career Services at Hamline ate Director of the Institute since Octo- Law School. Prior to that, her work expe- C. Ann Olson served as the Law ber 1998. She will assume the duties as rience includes serving as a judicial clerk, School's first full-time Director of the Director of Operations upon the retire- practicing law at Rinke-Noonan in St. Research and Writing Program. She left ment of Ken Schoen on October 31. Ms. Cloud, teaching business law and juvenile the Law School to complete her doctor- Wiig will share the directorship of the justice and serving as a lobbyist. al studies. Ms. Olson is the principal of Institute with Professor Richard Frase, Effective Writing, a company that offers who is the Director of Research. tutoring, consulting and evaluation, Farewell to coaching, and training in writing skills to Janet Hein accepted a new position as lawyers, law firms, businesses and the the Director of Admissions at University academy. of Dayton Law School. Ms. Hein had served as Assistant Director of the Uni- versity of Minnesota Law School Admis- sions for 17 years.

Stacy Doepner-Hove

Stacy Doepner-Hove was appointed as the new Assistant Director of Admissions. Ms. Doepner-Hove is a 1997 graduate of the Law School and for the past two years has served as the Executive Director of Minnesota Women Lawyers.

Class of 2002 Profile Entering Class: 210 101 Women (48%) John Allen 38 Students of Color (18%) Median GPA: 3.58 Median LSAT: 162 John Allen has become the new Direc- tor of Computing and Technology at the Average age is 25 years. Law School. Prior to joining the Law School, Mr. Allen served as Director of The age range is from 19 to 58 years. Technology for the Department of Med- 107 colleges and universities represented icine at the University's Medical School. 31 states and 4 foreign countries represented

28 Law Alumni News / Fall 1999 LAW SCHOOL NEWS AND EVENTS

Student Recognitions At first Johnson thought he would make The Roscoe Hogan Award includes a a general analysis of the topic, but he not- $3000 prize, honorary membership in the Bridget C. Johnson (’99) was appointed “in my research I found that there is Roscoe Pound Foundation, and an ed by the Minnesota Justice Foundation an illness that the courts consistently do awards dinner that took place in San as its NAPIL Equal Justice Fellow. The not allow causation testimony on and Francisco July 18, 1999, which Johnson two-year fellowship began in September, that’s Multiple Chemical Sensitivity attended. 1999. Ms. Johnson is developing volunteer (MCS)...basically because the AMA and placements for law students through the a few other mainstream scientists believe Johnson first became interested in envi- new Law School Public Service Program. it doesn’t fit into the normal paradigms ronmental law after earning his bachelor’s of what defines an illness, so they don’t degree in Political Science. He found Brad Lovelace (’99) received the 1999 like it.”Through his research, Johnson dis- “there was nothing really interesting to Steven M. Block Prize for Scholarship for covered that a lot of people are afflicted do” with his degree, so became a canoe his paper titled, “Pump up the Volume: with MCS, and in his essay he discussed guide in the Boundary Waters Canoe Changes in Radio Policy and the Mar- theories, symptoms and treatment for Area for two summers, became aware of ketplace Require Creation of a New Low MCS, specific criticisms the AMA and the many issues surrounding the BWCA Power FM Service to Protect the Public’s others have about it, as well as how a and got much more in touch with the Right to Information.” plaintiff can get causation evidence into wilderness than he ever had been before. a courtroom. He pointed out that while He then worked for a year as an activist Jill Robertson was presented the Equal federal courts tend to fall back on the old for the Sierra Club and as a page at the Justice Award by the Minnesota Women’s test that if the scientific community has Minnesota House of Representatives, League.The Equal Justice Award is given not accepted a theory that it not be where he served on the regulated indus- each year to a law student who authors allowed in court, there is a way for attor- tries and natural resources committees. an essay or article addressing a topic relat- neys to present their cases. ed to justice and equality. “I’d always had an interest in the enviro- “You have to become more actively ment and these experiences really solidi- The Nature of Things involved. Lawyers don’t really have an fied it for me.It really jumped off the map understanding of the scientific method, it’s for me when I started law school, because esides toting the usual cumbersome not the objective process people think it [my] first year I attended the National Btorts and contracts books through the is.You really need to get the courts to look Association of Environmental Law Soci- hallways of the Law School, Carl John- back at the scientific fact. It may not be ety’s Conference in Chicago. I really got son (’99) could also be seen, in his days exactly the same as something before, but exposed to environmental law for the first as a student, packing his portfolio of awe- you can make analogies, you can make time, the complexity and diversity of the inspiring nature photography. There was existing science work for you, and you issues.” a conflation of his two avocations this past don’t have to have all the answers.” spring when he was awarded first place in the annual Roscoe Hogan Environ- mental Law Essay Contest for his essay Carl H. Johnson with Gerson Smoger, Contest Committee Chair, at the 1999 Annual “Charletans, Neurotics, and Scheisters:A Roscoe Pound Fellows Dinner. Daubertospective View of Science in the Courtroom for the Environmentally Challenged.”

Johnson said his paper was “not so much an environmental essay as an evidence essay,” describing his approach to the questions he addressed. This year’s essay topic was “What is an Expert?” and John- son addressed three questions:What are the differences in understanding and proof between the scientific and legal community, how has the nature of the expert changed since Daubert and Joiner (two Supreme Court cases which dealt with tests and levels of review standards), and how do you get novel scientific theory admittted into the courtroom?

Law Alumni News / Fall 1999 29 DISTINGUISHED ALUMNI

Tom McDonald, U.S. Peace Corps is more active in Zimbab- Distinguished Alumnae Ambassador to Zimbabwe we now than it has ever been, going beyond traditional teaching and engag- Judge Diana E. Murphy (’74) has fter working ten years as a law firm ing in such activities as environmental been selected the first woman to chair Apartner at Arder and Hadden, Tom programs. There is also a humanitarian the United States Sentencing Commis- McDonald (’79) was nominated by Pres- de-mining program in which American sion. Judge Murphy has served as a Cir- ident Clinton in 1997 to be a U. S. troops train Zimbabwean soldiers to safe- cuit Judge for the United States Court Ambassador to Zimbabwe. McDonald ly remove mines that were planted dur- of Appeals for the Eighth Cicuit since had first traveled to the African continent ing the guerilla struggles of the 60s and 1994.The Commission, which was cre- in 1974 as an undergraduate at George 70s. Many of the mines were planted ated in 1984 as part of the Sentencing Washington University.At that time he near Victoria Falls, which is a great Reform Act, is an independent commis- visited Ghana and Nigeria and since then tourist attraction, and the de-mining sion in the judicial branch which estab- has been involved in election work in program has the potential of having a sig- lishes policies and practices for the fed- Uganda, South Africa, Kenya and Cam- nificant economic impact in the Victoria eral courts, including guidelines pre- bodia, advising and drafting election laws. Falls area. scribing the appropriate form and sever- ity of punishment for offenders convict- Ambassador McDonald describes his Ambassador McDonald believes his ed of federal crimes. position as a “very busy and a dynamic “excellent education” at the University job. It is very satisfying; a place where we of Minnesota Law School helps him in can matter and get things done.” He his current position.“The writing, ana- Pamela F. Olson (’80) was named the pointed out that since the early 1990s, lytical skills and training in critical think- first woman Chair of the American Bar Zimbabwe has been attempting to liber- ing are very beneficial to this position.” Association’s Tax Section. Ms. Olson is a alize the economy, an activity which has McDonald said.“Law school really does partner in the Washington D.C. office of occurred in fits and starts. It is interesting prepare one for broad opportunities; it’s Skadden,Arps, Slate, Meagher & Flom. to note that Zimbabwe is the second true that you can do many things with a Her practice focuses on tax matters. She largest economy in Africa, he noted. law degree.” will begin her duties in 2000. Even with some liberalization, the economy remains a controlled environment, with parastatles dominating critical sec- tors such as the railroads, telecommunications and energy resources. The U.S. government has been working with the government of Zimbabwe, encouraging a move to privatization.

While some African countries are moving toward capitalism and democracy, McDonald said each of these countries may have a different perception of what this means.

“We have our western perspective on democracy, and we can’t unilaterally The Board of Directors attended the annual meeting of the Board of Visitors on April 30, 1999. impose those views on others.We have to be willing to look at things from their perspective.We are really partners who give constructive criticism and encour- age more citizen participation,” McDon- ald said.

There are several thousand Americans students, teachers, missionaries and business people living in Zimbabwe, and McDonald said one of the Embassy’s primary function is to represent those people. However, he also pointed out the

30 Law Alumni News / Fall 1999 DISTINGUISHED ALUMNI

David S. Doty He has served as an adjunct professor at Law School in 1964, where she was a Class of 1961 William Mitchell College of Law and lat- member of the Minnesota Law Review. er received an honorary Doctor of Laws After graduation, she worked as an asso- avid S. Doty serves as a Federal Dis- degree from that school. He served on ciate with the law firm of Robins, Davis Dtrict Court Judge for the district of the University of Minnesota Law School & Lyons (currently Robins, Kaplan, Miller Minnesota. He took senior status in 1998, Board of Visitors. He has been a frequent & Ciresi). From 1965 to 1971 she served but continues to carry a full load of civil lecturer locally and nationally on many as an Assistant State Public Defender, con- and criminal cases. subjects. Judge Doty also was very active centrating on appellate work and prac- in bar activities, becoming president of ticed with the law firm of Maslon,Kaplan, the Hennepin County Bar Association, Edelman, Borman, Brand & McNulty president of the Minnesota State Bar from 1971 to 1978. Judge Levy also Association and later became the presi- served on faculty here from 1975 until dent of the Federal Bar Association. 1978. She was appointed to the Hennepin Judge Doty was elected to the Fellows of County Municipal Court in 1978 and in the American Bar Association and the 1983 she became a Hennepin County American Law Institute.While on active District Court Judge. status, Judge Doty served as a member of the Judicial Conference Advisory Com- Judge Levy retired from the University of mittee on Civil Rules and Liaison mem- Minnesota Law School Trial Practice ber to the Advisory Committee on Evi- Program at the end of Spring Semester David S. Doty dence. He was also a member of the 1999, after teaching Trial Practice for 24 Eighth Circuit Judicial Council and years. Judge Levy served as a team leader served on numerous committees in the and/or as a faculty member for the After graduating from high school, he was Eighth Circuit and the district. National Institute for Trial Advocacy dur- fortunate enough to receive a Holloway ing 1976–1989. She was a co-founder Plan NROTC scholarship, and began and team leader for the Minnesota Insti- attending the University of Minnesota in tute of Criminal Justice in Bemidji, Min- 1948. He was honored to become the Roberta K. Levy nesota and has served as a faculty mem- NROTC student battalion commander during his senior year and in 1952, dur- Class of 1964 ber for the Equal Employment Oppor- ing the Korean war, he was commis- oberta K. Levy is a Hennepin tunity Commission Training Session in sioned a Second Lieutenant in the RCounty District Judge. She has Trial Advocacy in Wisconsin. Judge Levy Marine Corps. It was in the Marines that served as a District Court Judge in the was a faculty member at Harvard Law he became interested in the law, serving Fourth Judicial District since 1983. School for the annual course in Trial as a legal officer and a member of vari- Advocacy for most of the years from ous court martial boards. Captain Doty 1976 to 1989. She has also been a speak- was discharged from the Marines on a er for the Litigation Section of the Amer- Sunday and started law school on Mon- ican Bar Association, Continuing Educa- day, appearing in Professor Yale Kamisar’s tion forWomen at the University of Min- class in military garb. nesota, Minnesota Continuing Legal Education Evidence Seminars, and the Judge Doty graduated with honors from annual Minnesota Supreme Court Ori- the Law School in 1961. He served on entation for New Judges on Evidence the editorial board of the Minnesota Law and Judicial Ethics. Review and was a member of Phi Delta Phi.After graduation, Judge Doty prac- Judge Levy was elected to the American ticed in the firm that became know as Law Institute in 1986. She is currently a Popham, Haik, Schnobrich, Kaufman and Roberta K. Levy member of the two Minnesota Supreme Doty.That firm was renowned for its pol- Court Advisory Committees: the Com- icy of encouraging pro bono and committee on Uniform General Rules of munity-oriented work. Judge Doty flour- Judge Levy received her B.A. degree, Practice for the State of Minnesota and ished in that setting, and developed a gen- magna cum laude, from Temple University the Committee on Alternative Dispute eral practice concentrating on trial and in 1959. She also earned a degree in Resolution. She is also on the Advisory administrative law. In 1987, Judge Doty Hebrew Education in 1957 from Gratz Committee to the Minnesota Legislature was nominated and confirmed as a Fed- College while she was attending Temple. on Criminal and Juvenile Justice Infor- eral District Court Judge for the district She received her J.D. degree, magna cum mation Systems, the Minnesota District of Minnesota. laude, from the University of Minnesota Judges Association Civil Jury Instruction

Law Alumni News / Fall 1999 31 DISTINGUISHED ALUMNI

Guides Committee and the Advisory member of the New Democrat Coali- Ms. Ranum is chair of the firm’s Real Committee to the Conference of Chief tion, the Bipartisan Reform Team and the Estate Group and has been chair of the Judges on State Corrections Delivery Internet Caucus. He is a member of the firm’s Pro Bono Committee since its Systems. Education Caucus, Congressional Sport- inception. She also is a member of the men’s Caucus, Congressional Missing and Banking Practice Group. Ms. Ranum is a Exploited Children’s Caucus, Congres- member of the Real Property, Corpora- sional Task Force on Tobacco and Health, tions, Banking and Business Law Sections Nuclear Nonproliferation Caucus. Con- of the Minnesota State Bar Association. Bill Luther gressman Luther also serves on the Min- She is also a member of the Real Prop- Class of 1970 nesota special Olympics Honorary Board erty Section of the Hennepin County ill Luther is the United States Rep- of Directors. He is also a member of the Bar Association. Ms. Ranum has been a Bresentative of the 6th District in Min- Congressional Youth Leadership Council member of the Minnesota Advocates for nesota and serves as the Deputy Region- and the National Guard and Reserve Human Rights Board of Directors since al Whip.The 6th district includes Anoka, Caucus. 1983 and served as president from 1996 Washington and Central Dakota counties. to 1997. She also serves on the Board of Directors for the University of Minneso- ta Law Alumni Association.She served on the Minnesota Justice Foundation Board Mary S. Ranum of Directors from 1987 to 1989. Class of 1983 ary S. Ranum is a partner in MFredrikson & Byron law firm. She is a certified as a Real Property Law Spe- Judith H. Dutcher cialist and focuses her practice on real estate law and banking. She works with Class of 1987 a broad range of clients including lend- udith H. Dutcher was elected to her ing institutions, major retailers and real Jfirst four-year term as State Auditor in estate developers on acquisitions, financ- 1994 and was reelected in 1998.As State Bill Luther ing and leasing. Auditor, Ms. Dutcher has worked to ensure integrity, accountability and cost effectiveness in local government. She is Congressman Luther graduated with the first woman to hold the office of State high distinction in electrical engineering Auditor and the first Republican woman from the University of Minnesota in to be independently elected to statewide 1967 and received his J.D. degree, cum office. laude, from the University of Minnesota Law School in 1970. He then clerked for- Judge Myron Bright of the United States Court of Appeals Eighth Circuit. He practiced with the law firm of Dorsey and Whitney from 1971 to 1974, then opened his own practice in 1974. He was the Founder of Luther, Ballenthin, and Mary S. Ranum Carruthers law firm and was Senior Part- ner from 1983 to 1992. Congressman Luther was elected State Representative Ms. Ranum received her B.A. degree, for Minnesota’s 45th District in 1974 and summa cum laude, in 1978 from Concor- served from 1975 to 1976. He served as dia College and her J.D. degree, magna State Senator for Minnesota’s 47th Dis- cum laude, from the University of Min- Judith H. Dutcher trict from 1977 to 1994 and was Assistant nesota Law School in 1983. She was a Majority Leader from 1983 to 1994. He member of the Minnesota Law Review and was elected to the United States House Order of the Coif. She clerked for Justice Ms. Dutcher received a B.A. degree from of Representative in 1994. C. Donald Peterson of the Minnesota the University of Minnesota and is a 1987 Supreme Court following graduation. graduate of the University of Minnesota Congressman Luther is a member of the Ms. Ranum joined the law firm of Law School. She served as an Assistant Commerce Committee. He is a founding Fredrikson & Byron in 1984. City Attorney for the City of Minneapo-

32 Law Alumni News / Fall 1999 DISTINGUISHED ALUMNI

lis, in criminal prosecution, from 1987 to 1988. Ms. Dutcher practiced with the law firm of Lang, Pauly & Gregerson, from 1988 to 1994, in the areas of municipal litigation, suretyship, commercial litigation and criminal prosecution.

Ms. Dutcher is a member of the State Executive Council. She is also a member of several boards including the State Board of Investment, Land Exchange Board, Public Employees’ Retirement Association Board, Minnesota Housing Finance Agency, Rural Finance Adminis- tration Board and the Board of Govern- ment Innovation and Cooperation. The Law School Alumni Breakfast held on July 1, 1999 at the Minnesota State Bar Association annual meeting in Duluth, Minnesota.

Celebrate Homecoming Saturday, October 30, 1999

8:30–10:00 a.m. 1999 CLE Program Multidisciplinary Practice Firms: Should We Prohibit or Regulate?

Lockhart Hall (room 25) University of Minnesota Law School

Robert Stein (’61) Executive Director of the ABA

Rebecca E. Moos (’77), Bassford, Lockhart, Truesdall & Briggs Co-chair, Minnesota Task Force on Multi Disciplinary Practice

11:10 a.m. Homecoming Football Game Minnesota Gophers vs. Purdue Boilermakers

Hubert H. Humphrey Metrodome

Law Alumni News / Fall 1999 33 CLASS NOTES

1915 1954 tence, integrity, and ethical conduct. Judge Hiram Z. Mendow tried his last Robert M. Skare has been appointed to case in Probate Court when he was 101 the Consulting Council for the National 1964 years old. He celebrated his 106th birth- Youth Initiative directed by the Search Mahlon C. Schneider was appointed by day on August 6, 1999. Institute and sponsored by the Lutheran the Minnesota Supreme Court as a Third Brotherhood.The Initiative also serves as Judicial District attorney member of the the principal resource for the National Commission on Judicial Selection. 1931 Alliance for Youth chaired by Retired Floyd E. Nelson celebrated his 92nd General Colin Powell. Mr. Skare now birthday on April 1, 1999 and says he resides in Colorado where he also serves 1965 enjoys receiving news from the Law on the Board of the Aspen Institute Alumni Association. Community.

1939 1956 Leonard E. Lindquist was presented the Donald H. Lamm is in Minneapolis and pro bono publico award by the Hennepin still enjoying the practice of law every County Bar Association during its 21st day. He is also enjoying fishing, skiing, Annual Bar Benefit. going to baseball games, playing bridge and spending time with his seven grand- 1944 children.

John W.Mooty was the 1999 recipient Rolf T. Nelson of the Hennepin County Bar Associa- 1958 tion’s Diversity Award. Austin G.Anderson, a principal in the AndersonBoyer Group and President of Rolf Nelson was one of ten attorneys 1949 the Network of Leading Law Firms, in the U.S. named to grade the spring recently spoke to the Section on Legal National Elder Law Specialty exam. Mr. Lauren Ashley Smith, a Minister with Practice of the International Bar Associ- Nelson is one of just 150 Certified Elder Presbyterian Church USA, is currently a ation in its meeting in Boston. His pre- Law Attorneys in the country and Fellow with the Foresight Physics Insti- sentation, entitled,“The New Lawyer, the became Minnesota’s first elder law spe- tute in Palo Alto, CA, and an Associate World Web and Marketing,” focused on cialist in 1997. with the Westar Institute (The Jesus Sem- the major marketing and technological inary) in Santa Rosa, CA. Mr. Smith is issues facing law firms today. also the CEO of Interlink, which inter- 1966 links epistemological concomitants of Richard G. Hunegs was selected as a Joel C. Dobris, a professor of law at Uni- quantum mechanics and religion. He also Leading American Attorney by the versity of California at Davis School of writes under the pen name of Christo- American Research Corporation. Law, will be living in London until mid- pher Crow. summer 2000. 1959 1952 William Cosgrift joined the St. Paul Jerrold Bergfalk was awarded the Min- office of the law firm of Briggs and Mor- Ray Marshall recently finished third nesota Justice Foundation’s Outstanding gan as a shareholder. Mr. Cosgrift prac- place in the Over Age 70 male group in Service Award for his work in private tices in the areas of business law, real the Motorola Marathon in Austin,Texas, practice. estate, emerging corporations and non- and second place in the Disney World profit corporations. He previously prac- Marathon in Orlando, Florida. 1962 ticed with the former law firm of Doher- ty, Rumble & Butler. Robert J. Beugen received the 1999 Pro- 1953 fessionalism Award of the Hennepin Philip E. Schwab recently retired from County Bar Association.The award is giv- 1967 the California Superior Court after twen- en annually to a member of the bench or Arthur A. Drenckhahn was appointed ty two years and became one of the orig- bar who best exemplifies the pursuit of the by the Minnesota Supreme Court as a inal panel members of J.A.M.S., Inc, now practice of law as a profession, including Ninth Judicial District attorney member J.A.M.S./ENDISPUTE, where he is still the spirit of public service and promotion of the Commission on Judicial Selection. actively involved. of the highest possible level of compe-

34 Law Alumni News / Fall 1999 CLASS NOTES

Richard Wilhoit joined the St. Paul law firm of Best & Flanagan. Mr. Dira- office of the law firm Briggs and Morgan cles is a member of the Business Law as a shareholder. Mr.Wilhoit practices in Department, where he focuses his prac- the areas of estate administration, and tice in the areas of securities, financing, estate and charitable gift planning. He tax issues, business formation, real estate previously practiced with the former law development and general corporate mat- firm of Doherty, Rumble & Butler. ters.

Bill George recently became Vice Pres- 1968 ident, General Counsel and Secretary for James R. Schwebel was named a Lead- Jostens, Inc. of Minneapolis. ing American Attorney by the American Research Corporation, an honor Bradley J. Martinson was named a William Kuhlmann achieved by fewer than six percent Leading American Attorney by the of practicing attorneys in Minnesota. American Research Corporation, an honor achieved by fewer than six percent sion and organizing the bank’s trust Robert J.Tennessen joined the law firm of practicing attorneys in Minnesota. department from scratch. of Gray Plant Mooty Mooty & Bennett. Frederick W. Niebuhr was named a 1974 shareholder to the law firm of Larkin, 1969 Hoffman, Daly & Lindgren in Blooming- Malcolm Reid has been reappointed by ton, Minnesota. Mr. Niebuhr practices in the Hennepin County Board of Com- the firm’s Intellectual Property group, missioners to the Minnehaha Creek concentrating on patent and trademark Watershed District Board of Directors. prosecution. Mr. Reid practices business and intellectual property law with Gray Plant Mooty Alan I. Silver joined Bassford, Lockhart, Mooty & Bennett. Truesdell & Briggs as a shareholder of the law firm. 1970 1976 Steven C.Wroe, founder of the Consor- Fred Bursch has opened the thirteenth cio Economico Legal, celebrates it’s 25th Walter A. Bowser anniversary this year.The law firm spe- office for his company, Bursch Travel cializes in matters of concern to the for- Agency, Inc. Office locations for Mr. eign investor in Costa Rica. Walte r A . B owse r , former Minnesota Bursch’s company include St. Cloud, District Court Judge, has been appointed Sauk Rapids,Alexandria, Brainerd, Little Director of Arbitration for The National Falls, Monticello, Granite Falls, Marshall, 1971 Arbitration Forum, one of the largest Austin, Rochester, Moorhead, Fergus Mark W. Gehan was appointed by the administrators of arbitration and media- Falls and Sioux Falls. Minnesota Supreme Court as a Second tion services in the nation. Judicial District attorney member to the John C. Goetz was named a Leading Commission on Judicial Selection. American Attorney by the American 1975 Research Corporation, an honor achieved Carl Baer was named as one of Min- by fewer than six percent of practicing 1972 nesota’s Leading Attorneys for the fifth attorneys in Minnesota. William E. Jepsen was named a Leading year in a row. Mr. Baer concentrates his American Attorney by the American practice on the mediation of disputes. Jack Greenwald recently took a break Research Corporation, an honor from his law practice in Dubai, United achieved by fewer than six percent of William Kuhlmann has been named Arab Emirates to climb Mt. Kilimanjaro practicing attorneys in Minnesota. Senior Vice President and Trust Officer in Tanzania. At 19,340 feet, Kilimanjaro of LB Community Bank & Trust, a bank is the highest mountain in Africa. subsidiary of Lutheran Brotherhood. His 1973 immediate responsibilities include coor- Heidi M. Hoard is Vice President, Gen- James C. Diracles has been named the dinating the bank’s application for trust eral Counsel and Secretary for The Musi- Managing Partner of the Minneapolis powers to the Office of Thrift Supervi- cland Group, Inc., the retailer who owns the Sam Goody,Suncoast Motion Picture

Law Alumni News / Fall 1999 35 CLASS NOTES

Company, On Cue and Media Play achieved by fewer than six percent of 1980 Stores. She and husband, John Lunseth practicing attorneys in Minnesota. Mr. (’77) have two sons and are still juggling Riley was elected to serve as Treasurer of Julie Brunner was appointed to serve as families and careers. the Minnesota Trial Lawyers Association deputy commissioner of the Minnesota (MTLA) in August and has also recently Department of Health. For the previous Gregory Kvam joined the St. Paul office achieved Board Certification as a Civil three years, Ms. Brunner served as the of Briggs and Morgan as a shareholder. Trial Advocate through the National county administrator for St. Louis Coun- Mr. Kvam focuses his practice on estate Board of Trial Advocacy. ty, Minnesota. planning, trusts, charitable gifts and tax exempt organizations. He previously Leah Manning Stetzner is serving as Bruce W. Mooty was reelected to the practiced with the former law firm of Vice President, General Counsel and Board of Directors of Gray Plant Mooty Doherty, Rumble & Butler. Corporate Secretary of Illinova Corpo- Mooty & Bennett. Mr. Mooty is also ration, a global energy services holding chair of the firm’s Business Law Depart- Wayne Senville publishes and edits the company headquartered in Decatur, Illi- ment. Planning Commissioners Journal, a national nois, and for its principal subsidiary, Illi- periodical reaching 6,000 citizen planners nois Power Company, a natural gas and Pamela F. Olson was named the first in each of the fifty states. The journal electric utility. woman Chair of the American Bar Asso- includes a “planning law primer.” ciation’s Tax Section, beginning in 2000. Ms. Olson is a partner in the Washington, John Yilek joined the St. Paul office of 1978 D.C. office of Skadden, Arps, Slate, Briggs and Morgan as a shareholder. Mr. Ivy Bernhardson is currently serving as Meagher & Flom. Yilek concentrates his practice in the Chair of the Fairview Southdale Hospi- areas of banking, commercial, consumer tal Board and as Vice President of the 1981 and bankruptcy law. He is also Treasurer Fairview Hospital and Healthcare Ser- and member of the Minnesota State Bar vices Board. Association Business Law Section Exec- utive Council. Mr.Yilek previously prac- Terry L. Hall was named Senior Vice ticed with the former law firm of Doher- President and Chief Financial Officer of ty, Rumble & Butler. Aerojet, the aerospace and defense seg- ment of GenCorp. Mr. Hall also will serve as Chief Financial Officer of Gen- 1977 Corp after the company completes its Carolyn Chalmers, after twenty years planned spin-off of its Performance of experience as an employment litigator, Chemicals and Decorative & Building now practices as an independent employ- Products businesses. ment law neutral. She specializes in inves- tigating discrimination and assault com- Jack S. Levey co-chaired and spoke at a plaints in education institutions. Presidential Track CLE, entitled “Don’t Panic Title Insurance and the Small Mark Sellner Commercial Transaction,” at the ABA Annual Meeting in Atlanta. Mark Sellner rejoined the Minneapolis 1979 office of KPMG as a corporate tax part- Kathleen A. Hughes was a 1999 recipi- ner, following completion of a two-year ent of SUPER LAWYER honors, as assignment as Partner-in-Charge of Tax elected by other attorneys throughout Training in the firm’s Montvale, New Jer- Minnesota and reviewed by members of sey headquarters. He also will serve as an the Board of Law and Politics. adjunct professor of corporate taxation and mergers and acquisitions in the grad- Lynn M. Roberson was elected to the uate tax program at the University of Peter W. Riley 1999–2000 Executive Board of the Liti- Minnesota. gation Section of the Atlanta Bar. Ms. Roberson was also Chair of the Trial Tac- Doris Yock joined the law firm of Peter W. Riley was named a Leading tics and Techniques seminar held in Sep- Leonard, Street and Deinard. American Attorney by the American tember 1999 in Chicago for the Defense Research Corporation, an honor Research Institute.

36 Law Alumni News / Fall 1999 CLASS NOTES

1982 Mary E. Shallman was elected as a part- 1987 ner to the law firm of Gray Cary Ware & Bonnie E. Raquet was named President Freidenrich in Palo Alto, California. Ms. Robert J. Crawford is a shareholder of Cargill Technical Services, Inc., a sub- Shallman is a member of the firm’s Intel- with the law firm of Bernstein, Shur, sidiary of Cargill, Incorporated that pro- lectual Property and Technology Group. Sawyer & Nelson in Portland, Maine. vides agricultural assistance in developing Mr. Crawford practices in the areas of countries. Ms. Raquet is also Vice Presi- Clark T.Whitmore was elected to the municipal and administrative law. dent, Corporate Relations for Cargill and Governance Committee of the law firm is responsible for Cargill’s activities in of Maslon Edelman Borman & Brand, Washington, D.C. the firm’s highest governing body. Mr. Whitmore practices in the areas of bank- 1983 ing law, bankruptcy and loan workouts. Linda L. Holstein joined the Min- neapolis law firm of Parsinen Kaplan 1985 Levy Rosberg & Gotlieb as a partner, Robert C. Boisvert was a 1999 recipi- where she heads the firm’s Litigation ent of SUPER LAWYER honors, as Department. elected by other attorneys throughout Minnesota and reviewed by members of Kim Buechel Mesun recently left the the Board of Law and Politics. Minnesota Attorney General’s Office Darcy L. Hitesman after twelve years to become Assistant Mark Steed, a partner with the Twin District General Counsel for the Min- Cities law firm of Meshbesher and neapolis School District. Spence, was recently elected to the Min- Darcy L. Hitesman received City Busi- nesota Trial Lawyers Association (MTLA) ness’ 40 Under 40 Award, recognizing her Roberta Walburn is serving as a Global Board of Governers as one of the next generation of business Health Leadership Senior Fellow with and community leaders in Minneapolis. the World Health Organization (WHO) Todd J.Thun joined Bassford, Lockhart, in Geneva, Switerland. She will assist with Truesdell & Briggs as a shareholder of the Miriam Rykken was recently appointed the drafting of an international treaty law firm. as a Judge on the Worker’s Compensation dealing with tobacco control and work Court of Appeals for Minnesota. on smoking and health related issues. Ms. Walburn is on leave from the Minneapo- 1986 Kevin M. Sheys is a partner with the lis law firm of Robins, Kaplan, Miller & James M. Bream was elected as a mem- Washington, D.C. office of Oppenheimer Ciresi. ber of the District 30 School Board for Wolff & Donnelly and head of the law Glenview/Northbrook in Illinois, which firm’s Transportation Practice Group. 1984 is comprised of two elementary schools and one middle school.Mr.Bream is head 1988 Annamarie A. Daley was appointed by of the medical malpractice/healthcare the Minnesota Supreme Court as an at- team at the law firm of Querrey & Har- Maura O’Connor was elected chair of large attorney member to the Commis- row in Chicago. the Los Angeles Economic Development sion on Judicial Selection. Commission’s committee on Real Estate Joan C. Peterson joined the law firm of Development. Ms. O’Connor practices Mark R. Geier joined the law firm of Larkin, Hoffman, Daly & Lindgren in with the law firm of Arter & Hadden. Mackall, Crounse & Moore. Bloomington, Minnesota. Ms. Peterson joined the firm’s Corporate Law Depart- Mitchell Scott Paul joined the M. Sue Jeff Merrick recently became one of the ment, practicing in the Telecommunica- Wilson Law Offices in Minneapolis. first attorneys in the country to win a set- tions area. Just prior to joining the firm, tlement against the manufacturers of fen- Ms. Peterson was a Deputy Attorney Patrick S.Williams joined the St. Paul fluramine-phentermine, or fen-phen, and General in the Government Service Sec- office of Briggs and Morgan as a share- is now advising other attorneys who are tion of the Minnesota Attorney Gener- holder. Mr.Williams practices in several seeking judgments against the manufac- al’s office. areas, including: antitrust, trusts and turers. Mr. Merrick recently started The estates, construction, securities’ fraud, fed- Pediatric Law Group to represent chil- Vaughn Phillips was elected Assistant eral employment, federal white collar dren born with birth defects or have sus- Secretary of Shell Oil Company. criminal defense, admiralty and maritime, tained catastrophic injuries. trademark and transportation. Mr. Williams previously practiced with the

Law Alumni News / Fall 1999 37 CLASS NOTES

former law firm of Doherty, Rumble & during 1998. Mr. Baruch has a solo prac- and employment law with the Min- Butler. tice in Rolwett,Texas.Mr. Baruch recent- neapolis law firm of Lockridge Grindal ly had an article concerning the Fifth Nauen. Circuit’s standard of review for ERISA 1989 benefits denials published in the Southern Jonathan Redgrave became a principal Paul McDowall’s “newest arrival,” son University Law Review. with the law firm of Gray Plant Mooty George Quinn McDowall, joins his Mooty & Bennett. Mr. Redgrave prac- brother, Miles Lachlan McDowall, in Kathryn J. Bergstrom became a princi- tices primarily in the areas of complex keeping their parents busy. pal with the law firm of Gray Plant business litigation, products liability law, Mooty Mooty & Bennett. Ms. Bergstrom insurance law and appellate advocacy. Terri L. Rosen joined Employment practices primarily in the area of litiga- Learning Innovations (ELI) as General tion, with an emphasis on real estate, Counsel. Ms. Rosen has been a certified health and consumer finance. 1992 ELI instructor since 1994 and brings her James C. Boos recently was elected as extensive experience in employment law Scott G. Bowman was elected a share- director and shareholder of the Brown, to ELI, the leader in workplace legal holder of Briggs and Morgan. He prac- Andrew, Signorelli and Zallar law firm of training. tices in the areas of employment litiga- Duluth. Mr. Boos practices in the areas of tion, shareholder and partnership disputes estate planning, closely held businesses and litigation, railroad and transportation and related fields. 1990 matters and litigation and products liabil- Jon K. Hoppensteadt was selected for ity defense litigation. Paul J. Bradsky is an owner/investor in inclusion in Marquis Who’s Who in two franchised hotel properties in Rapid America, 54th edition, 2000. Susan Drechsel is Assistant Legislative City, South Dakota:AmericInn Motel & Counsel to the Georgia General Assem- Suites and Country Inn & Suites. Mary M. Krakow was a 1999 recipient bly. One of 12 attorneys supporting the of SUPER LAWYER honors, as elected 236-member assembly, Ms. Drechsel Dan Simon created Twin Cities Media- by other attorneys throughout Minneso- serves as counsel to the Industry and tion to help people in conflict clarify ta and reviewed by members of the Board Education Committees. She lives in their needs and recognize the needs of of Law and Politics. Atlanta with her husband, Dan, and four others, focusing on divorcing couples and year-old son,Andrew. other civil litigants. Mr. Simon also Kristine A. Kubes joined the law firm of recently completed a M.H. degree in Thomas R. Olsen & Associates in St. Ben M. Henschel has joined the law Counseling Psychology. Paul. firm of Moss & Barnett. He practice in the area of family law. Jonathan M. Steen joined the law firm Jordan Lorence is arguing the student of Armstrong Allen Prewitt Gentry John- fee case, Southworth v.University of Wis- Renee L Jackson recently was named a ston & Holmes as an associate in its Jack- consin before the United States Supreme shareholder in the law firm of Larkin, son,Tennessee regional office. Court. He lives in the Washington D.C. Hoffman, Daly & Lindgren. area and practices at The Northstar Legal Center. 1993 Kristi J. Paulson formed her own law 1991 firm in Apple Valley, Minnesota. Neil P. Ayotte was elected as a partner to the law firm of Maslon Edelman Bor- 1994 man & Brand in Minneapolis. Mr.Ayotte David W. Feeder joined the Denver is a member of the firm’s corporate law office of Dorsey & Whitney as an associ- group, focusing his practice in the areas ate in the Trial Department. Mr. Feeder of public and private company mergers was previously with the law firm of and acquisitions and general securities Shook, Hardy & Bacon in Kansas City, law. Missouri. He and his wife had their first Earle F. Kyle, IV child in October 1998. Charles “Chad” Baruch received a commendation from the Southern Holly Gimbel joined the Washington, Poverty Law Center’s “Teaching Toler- Earl F.Kyle, IV was elected a member D.C. office of Skadden, Arps, Slate, ance” program for his efforts in promot- of the American Law Institute. Mr. Kyle Meagher & Flom. Ms. Gimbel is a mem- ing cultural tolerance and understanding practices complex litigation, class action,

38 Law Alumni News / Fall 1999 CLASS NOTES

ber of the firm’s International Trade Jeffrey W. Post joined the law firm of corporate law, concentrating in mergers department, engaging in international Hessian & McKasy as an associate. Mr. and acquisitions. Mr. Schaefer was for- trade litigation before the International Post practices in the areas of commercial merly with the law firm of Faegre & Trade Commission, the Court of Inter- litigation, products liability, condemna- Benson in Minneapolis. national Trade, and the federal Circuit tion, and transportation law. Court of Appeals. Carey Wall Stark joined the law firm Michael G. Slade joined the law firm of of Holland & Hart in Denver, Colorado. Crystal Olsen Glynn recently became Rider, Bennet, Egan & Arundel. She practices in the areas of business, tax Associate Director of Career Services at and estates. St. John’s University in New York. 1997 Shane Swanson joined the law firm of Erik R. Nordstrom joined the Austin, Joseph F.Henderson joined the law firm Larkin Hoffman Daly and Lindgren in Texas office of the international law firm of Lockridge Grindal Nauen as an asso- Bloomington, Minnesota. of Fulbright & Jaworski as a Senior Asso- ciate practicing primarily in environmen- ciate. Mr. Nordstrom’s practice focuses on tal and Indian law. Dawn M. Szymborski joined the law intellectual property and technology mat- firm of Lindquist and Vennum in Min- ters. Erin Magnus joined the law firm of neapolis. Rider, Bennet, Egan & Arundel in Min- neapolis. Ellen Yee is working as a Deputy Dis- 1995 trict Attorney in Marin County, Calfor- Ann S. Grayson joined Bassford, Lock- Deborah Nirmala Misir recently was nia, just north of the Golden Gate hart, Truesdell & Briggs as an associate appointed Assistant General Counsel in Bridge. with the law firm. the General Counsel’s Office for the Immigration and Naturalization Service Riddhi Jani is working in the Antitrust in Washington, D.C. Ms. Misir was for- 1998 Division of the Attorney General’s Office merly an Attorney Advisor in the Depart- Raymond B. Eby joined the law firm of in St. Paul, Minnesota. ment of Justice’s Executive Office for Faegre & Benson in Minneapolis, where Immigration Review. he practices in the Business Litigation Jeff Rutherford recently was awarded Group. the Pro Bono Advocacy Award by the Bill Otteson is working as a law clerk ACLU Foundation of Southern Califor- to U.S. District Court Judge Donald A. James C. MacGillis joined the business nia for litigating a federal class action law- Alsop in St. Paul. group in the law firm of Hinshaw & Cul- suit that fought gender discrimination in bertson in Minneapolis. Prior to joining municipal sports programs in Los Ange- Roshini Rajkumar joined KCCI Chan- the firm, Mr. MacGillis worked with the les. Mr. Rutherford is currently a litiga- nel 8 in Des Moines, Iowa as a news Western Minnesota Legal Services office tion associate with the Los Angeles office reporter. Ms. Rajkumar was previously managing cases which included con- of Kaye, Scholer, Fierman, Hays & Han- with KVLY in Fargo, North Dakota. sumer, welfare, housing and modification dler, but will soon be leaving the firm to of child custody actions. Mr. MacGillis join the trial unit of the Federal Public also served as a research assistant for the Defender in Los Angeles. Huberty H. Humphrey Institute of Pub- lic Affairs where he examined and co- authored a study of the Minnesota 1996 Department of Transportation’s decen- Emily K. Cooper was recently elected to tralization and public involvement efforts. the position of President of the Thurgood Marshall Law Association, the local Rinky Parwani Manson joined the law minority bar association for Toledo, Ohio. firm of Reuben & Novicoff in Beverly Hills, California. Her practice focuses on Nora Fitzgerald joined the law firm of business litigation. Gray Plant Mooty Mooty & Bennett. Steven C. Schaefer Andrew P. Shimek joined the law firm Julie Long recently moved to Rome, of Gray Plant Mooty Mooty & Bennett Italy and is having a great time exploring in Minneapolis. and discovering the city in this Jubilee Steven C. Schaefer joined the law firm Year. of Warner Norcross & Judd in Grand Rapids, MI, as an associate practicing in

Law Alumni News / Fall 1999 39 CLASS NOTES

1999 Mike Hellwich began a one-year clerk- Class Notes News ship for Justices Paul Andersen and James Gilbert of the Minnesota Supreme Court. Name: ______Class Year: ______Address: ______Kathy Jimenez recently began a one-year ______clerkship with Judge Niesje J. Steinkruger ______of the Alaska Superior Court in Fair- banks. Phone: ( ) ______Fax: ( ) ______Carl H. Johnson recently began a one- News/Comments: ______year clerkship with Judge Peter A. Michalski of the Alaska Superior Court ______in Alaska. ______David Neubeck recently began a clerkship with the Ho-Chunk Nation Tribal ______Court in Wisconsin. ______Krista Schwarting joined the law firm of Armstrong Teasdale in St. Louis, Mis- souri as an associate in the Litigation Department. Change of Address

Kari Thoe began a one-year clerkship Name: ______Class Year: ______with Judge Harriet Lansing of the Min- nesota Court of Appeals. Firm/Company: ______Business Address: ______Business Phone: ( ) ______Fax: ( ) ______E-mail: ______Home Address: ______Home Phone: ( ) ______I prefer my mail to be sent to my: ❑ Home ❑ Work

Send your Class Notes or Corrections to: Law Alumni Association University of Minnesota Law School 229 19th Avenue South Minneapolis MN 55455 or e-mail to Terri Mische at [email protected] or fax to Terri Mische at (612) 625-2011.

40 Law Alumni News / Fall 1999 IN MEMORIUM

A Tribute to Solly Robins Mr. Robins is listed in The Best Lawyers in America (Original Class of 1936 Edition 1983); Naifeh and Smith (Harvard Law 1977), and his biography appears in Who’s Who in America. He is a recipient of olly Robins died on Monday, July 5, 1999. He was 86. the Minnesota Trial Association’s Life-Time Achievement S Award (1989), only the second trial lawyer in the history of the Association to receive the award. In addition, he was the first Mr. Robins was educated at the University of Minnesota.As recipient of the Minnesota Jurisprudence Award from Ameri- an undergraduate, he attended the Engineering School (now can ORT (Organization for Rehabilitation Through Training) the Institute of Technology) where he majored in Electrical (1955), was a member of the Honorary Advisory Board of the Engineering and in 1936 received his J.D. degree from the Law Ramsey County Historical Society. In 1998 he received the School. University of Minnesota Outstanding Achievement Award awarded by the Law School. As founder and senior partner of Robins, Kaplan, Miller & Ciresi (formerly Robins, Davis, & Lyons) Mr. Robins was con- The law firm of Robins, Kaplan, Miller & Ciresi, under the sidered one of the great trial lawyers in the United States. leadership of Mr. Robins and Mr. Davis, endowed a Professor- Throughout his remarkable career, he obtained record verdicts ship in Law at the Law School during the 1988 Law School throughout the United States. For example, he received the Centennial Campaign.This generous, major endowment has highest verdict in Minnesota in a condemnation case in State v. permitted the Law School to strengthen its programs of teach- Woodruff and the highest verdict in Iowa in Schnebly v Baker, ing, research and scholarship through the retention of outstand- et.al. Fuller Brush v.Grinnell, et.al. was the forerunner in estab- ing faculty. lishing a national practice in the catastrophe loss insurance field. In McCormack v.Hankscraft Company, Mr. Robins made new law Mr. Robins is survived by his wife, Kathleen; children Stanford in establishing the law of strict liability.Under Mr. Robins’ lead- of Mendota Heights; Celeste of Madison,Wisconsin; Shari Per- ership, the firm of Robins, Kaplan, Miller & Ciresi grew to over ron of Minneapolis; James of St. Paul; Sean of Los Angeles, and 200 lawyers and a national reputation as one of the top law Shannon of Minneapolis; a brother, Maurice, of Richardson, firms in the country. Texas;four grandchildren and four great-grandchildren.

A Tribute to Stefan Riesenfeld the faculty of the University of Minnesota Law School in 1938 and taught until 1952, except for Naval service during World tefan Riesenfeld died at the age of 91 on February 17, 1999. War II.While serving on the Minnesota faculty, he earned a SHe is remembered for his service as a faculty member at the degree in electrical engineering. In 1952, he joined the Boalt University of Minnesota Law School from 1938 to 1952. Hall faculty.He continued to teach after his retired in 1975 and also maintained a full teaching schedule at University of Cali- When Professor Riesenfeld became ill while grading papers for fornia Hastings College of Law until his death. his classes at the University of California Hastings College of Law in Comparative Law and International Trade Regulation Professor Riesenfeld was a co-author with UCLA founding and he expressed a wish to continue the grading from his hos- Dean Richard Maxwell of Modern Social Legislation and is cred- pital bed. He did, and his grades were turned in the day before ited with making the field of social welfare legislation an he died. important area of academic inquiry.With Professors Hetland, Maxwell and Warren, he wrote California Security Transactions Professor Riesenfeld was born in Breslau, Germany in 1908 and is also the author of a casebook, Creditors’ Remedies and and attended the Universities of Munich and Berlin receiving Debtors’ Protection. the Doctor of Jurisprudence degree from the University of Breslau in 1931. He received the Dottore in Giurisprudenza Professor Riesenfeld is survived by his wife Phyllis, and sons from Milan in 1934. He then entered the University of Cali- Peter and Stefan. fornia at Berkeley School of Law and studied both law and English simultaneously. In 1937, he graduated with distinction This tribute was reprinted courtesy of Hastings Community,UC from Boalt Hall and in 1940 received his J.S.D. degree from Hastings College of Law. Harvard University Law School. Professor Riesenfeld joined

Law Alumni News / Fall 1999 Law Alumni News / Fall 1997 41 IN MEMORIUM

Memorial: Caroline A. Brede— “She was marvelous.”(1912–1999)1 —by Joan S. Howland, Roger F.Noreen Professor of Law and Director of Information and Technology hen Dean E. Thomas Sullivan return of Professor Pulling from one of Wcalled on April 2, 1999 to tell me his buying trips to Europe. Large crates that Caroline Brede, a respected and would arrive containing materials rang- beloved figure at the University of Min- ing from an early copy of Blackstone’s nesota Law School for over 64 years, had Commentaries to a pristine early edition of passed away the night before after a brief the Magna Carta to a 15th century trea- illness, I began fumbling, without much tise on canon law.With equal fondness success, for the right words to express my Ms. Brede remembered the boxes of high regard for this incredible woman. Swiss chocolates that were also distrib- After a few moments, the Dean came to uted upon Professor Pulling’s return. my rescue by saying,“She was marvelous, wasn’t she?”And,indeed,“marvelous”was With the appointment of Arlette Soder- the word for which I had been searching. berg as the Law Library’s first reference Caroline A. Brede librarian in 1946, Ms. Brede was able to Ms. Brede was born on March 9, 1912, devote her time to cataloging and admin- the granddaughter of German immi- we didn’t have reference services in those istrative tasks under Professor Pulling’s grants, and lived her entire life on the early days, but if a student or faculty successors Ed Bade and Leon Liddell. In same street in Northeast Minneapolis. member was really stumped they would addition, Ms. Brede assumed the role of After graduating at the top of her class at track me down and somehow together matchmaker during these years when a Edison High School in 1929, she enrolled we would find the right answer or some large number of the students were veter- in the library science program at the Uni- close proximity thereof.”3 ans returning from World War II. One versity of Minnesota. Ms. Brede was successful match of special note was Ms. elected to Phi Beta Kappa at the end of It was during these early years that the Brede’s introduction of technical services her junior year and graduated with high- first of many generations of law students librarian Violet Lemenowsky to a hand- est honors in the spring of 1933. Imme- found a caring librarian in Ms. Brede some third year student from Duluth diately upon her graduation, Ms. Brede who was always willing to respond to who had seen action in the Pacific, Roger was offered a position at the University their requests but also, by her own admis- F.Noreen. of Minnesota Library as a cataloger. sion, equally willing to tell them to get a Reminiscing about her first professional haircut or to repair a frayed collar. Ms. Despite a wide range of responsibilities, position, she commented shortly before Brede took a special interest in the Ms. Brede found time to mentor any law her death, “It was the middle of the woman law students who rarely num- student or staff member who displayed an Depression and I had a job I loved mak- bered over 5 per class during the years interest in librarianship. Earl Borgeson, a ing $1000 a year with one week’s vaca- prior to 1950. According to Ms. Brede member of the Class of 1949 who tion. I felt I was the luckiest young “The woman law students had a signifi- became a law librarian and served as woman in the State of Minnesota.”2 cantly ‘harder row to hoe.’ I felt my job Director of the Harvard Law Library was to remind them that they might be from 1954 to 1970, was one such lucky Two years later, Ms. Brede left the Uni- outnumbered by the men but that didn’t student. He wrote in the Winter, 1999 versity Library to become a cataloger mean they needed to be overshadowed. I issue of Law Library Journal, which under Professor Arthur C. Pulling at the think I may have done some good since includes a series of articles on mentors by University of Minnesota Law Library. many of these woman went on to leaders in the law library profession,“[As With the arrival of Ms. Brede, the Law become leaders among the Bar and the a student at the University of Minnesota Library’s professional staff doubled.While Judiciary.”4 in 1940] I was sent to do some typing at Professor Pulling concentrated on build- the law library. ...My first contact was ing the foundation for one of the great- Ms. Brede frequently spoke with great with Ms. Caroline Brede—my supervi- est legal research collections in the coun- fondness of those early days of working sor, but soon to become my first mentor. try, Ms. Brede handled all aspects of the with Professor Pulling as he developed The years that followed...established our library’s operations including cataloging, the Law Library’s general and rare book friendship and the subtle career guidance circulation, and reference.As Ms. Brede collections. Ms. Brede often mentioned to complete law school and yet, to once reflected,“Like most law libraries, the excitement which accompanied the become aware of a parallel career as a law

42 Law Alumni News / Fall 1997 IN MEMORIUM

librarian. ...I was led through just about YMCA. Ms. Brede had a particular pas- ble service to its diverse patrons. In the every support staff job one could envi- sion for folk and square dancing and, case of the University of Minnesota Law sion in a major law library; I was also according to the March 1982 MALL Library no one individual is more respon- briefed as to the rationale of what I was Newsletter, even performed an occasional sible for sustaining the excellence of the doing and how each piece fit together.”5 belly dance.7 She regularly attended the institution for more than half of its exis- Minnesota Twins training camps in Flori- tence than Caroline Brede. And she It was during the years following World da and the Caribbean, and knew the sta- always performed her many roles with War II that Ms. Brede became increasing- tistics on generations of baseball players skill, patience, grace, compassion, and ly active in professional activities. She was just as well as she knew the Library of humor.As Dean Sullivan so aptly stated, one of the ten founding members of the Congress classification schedules. “She was marvelous, wasn’t she?” Minnesota Association of Law Libraries which was established in 1955. She served When I arrived as Director of the Uni- References as Secretary–Treasurer (1956),Vice Presi- versity of Minnesota Law Library in dent (1957) and President (1958). Ms. 1992, Ms. Brede was one of the first 1.This memorial is a slightly edited version of Brede regularly attended the Annual members of the Law School community a tribute to Caroline Brede, written by Profes- Meetings of AALL and served on a vari- to greet me and invite me to lunch. Our sor Joan S. Howland, that appears in the Sum- ety of committees including Memorials, initial lunch proved to be the first of mer, 1999 issue of Law Library Journal. Statistics, and Ethics. many such outings which were always 2.The quotes in this memorial were all record- relaxing, entertaining, and incredibly ed during an interview with Ms. Brede con- ducted by Joan Howland on March 4, 1999. Ms. Brede served as Associate Law Librar- informative. Over hearty Midwestern ian under Professor Bruno Green from meals of pot roast, mashed potatoes, mac- 3. Id. 1960 until 1973 and then under Profes- aroni and cheese, and berry pie, which 4. Id. sor George Grossman until 1979. She was even in her 80s she ate with relish and no 5 91 LLJ 177 at 96. very instrumental in the move of the Law hint of concern for either digestive prob- 6. Id. Library from Fraser Hall into the current lems or cholesterol, Ms. Brede would 7. MALL Newsletter, March 1982, p.3 Law School facility in 1978. Reflecting address with great expertise topics includ- 8. Id. on this move, Ms. Brede mentioned,“We ing the history of the Law School, Euro- found many things we thought we had pean travel, comparative religion, and, lost such as old rotary telephones, manu- most recently, Minnesota’s newly elected al typewriters, and an old mimeo Governor Jesse Ventura. machine. Many of these things I decided were better left ‘lost.’”6 Of course, a major theme of these lunch- es was the Law Library and its evolution Ms. Brede retired from the Law Library over the past 30 years. I once asked Ms. in 1982, but only to move on to an Brede what she felt was the greatest administrative support position in the change she had witnessed in her career office of Robert A. Stein, Dean of the which spanned 6 decades. Expecting to University of Minnesota Law School. In hear some reference to technology, staff this position Ms. Brede assisted in a vari- size, or collection growth, I was startled ety of tasks associated with the Law when she responded, “The students— School’s continuing legal education pro- they were bright, ambitious, and well- grams, lecture series, and special events. mannered in 1935, but they are even She also continued to perform other pro- more outstanding, dedicated to excel- fessional duties such as compiling faculty lence, and congenial today. It is a true vitae and bibliographies. Ms. Brede held privilege to be a part of their profession- this position under Dean Stein and, al growth”8 I remember making the beginning in 1995, under Dean E. mental response, although for some rea- Thomas Sullivan until her death. son I chose not to verbalize it,“It was a privilege for the law students to know Although the University of Minnesota and learn from Caroline Brede.” Law School was a major focus for Ms. Brede for over 64 years, it was hardly her Every great law library is the tangible whole life. She was a volunteer at the reflection of the many librarians who University of Minnesota Medical Center have unselfishly devoted themselves to and a leader in several groups including building collections rich in breadth and the University Women’s Club and the depth, and to providing the finest possi-

Law Alumni News / Fall 1997 43 IN MEMORIUM

Class of 1939 Chester M. Oksner Santa Barbara, CA In Memorium Honorable Nicholas S. Chanak May 8, 1999 Class of 1926 Hibbing, MN March 23, 1999 Leo M. Hatlestad Robert C.Tuveson Albert Lea, MN Buffalo Grove, IL Wendell G. Johnson March 24, 1999 February 24, 1999 Scandia, MN Class of 1927 January, 1999 Class of 1953 Robert G. Haverstock Donald A. Nielsen Wilbur F.Bowker Minneapolis, MN Pasadena, CA Edmonton,Alberta (No date available) July 21, 1999 March 30, 1999 Gilbert Nathanson Class of 1943 Class of 1954 Palm Springs, CA ArnoldW. Beneke Robert L. Helland January 2, 1998 Glencoe, MN Minneapolis, MN April 27, 1999 Class of 1932 August 3, 1999 Class of 1959 Vance B. Grannis Clarence L. Nelson South St. Paul, MN Greensburg, PA John C. Johanneson May 3, 1999 May 24, 1999 St. Paul, MN December, 1998 Class of 1933 Class of 1944 Class of 1960 Kenneth R. Johnson Honorable Morton J. Goustin Minneapolis, MN Edina, MN Arnold S. Petersen October 25, 1998 February 27, 1999 Santa Ana, CA March 7, 1999 Almon A.Tucker Daniel J. O'Connell Class of 1961 San Antonio,TX Prior Lake, MN January 27, 1999 March 10, 1999 Duncan G. Barr Minneapolis, MN Class of 1936 Class of 1946 August 14, 1999 Robert B. Luick Lauress V.Ackman Class of 1966 Belmont, MA Minneapolis, MN April 22, 1999 August 6, 1999 Albert M. Johnston Philo, IL S.Wendell Nelson Ralph L. Berman March 28, 1999 Litchfield, MN Minneapolis, MN Class of 1972 February 24, 1997 April 20, 1999 Richard H. Krochock Class of 1937 Class of 1947 Minneapolis, MN Stuart Rothman William P.Westphal April 26, 1999 Washington, DC Minneapolis, MN Class of 1979 June 20, 1999 May 19, 1999 Gail M. Kaba Honorable Maurice A.Wahlstrand Class of 1949 Minneapolis, MN Willmar, MN William E. Crowder July 9, 1999 May 5, 1999 Mounds View, MN Class of 1986 August 18, 1998 Class of 1938 Michael J. Flynn Wallace W. Jackson White Bear Lake, MN Lawrence H.Williams Madison, MN Arlington,VA December 28, 1998 April 8, 1999 May 17, 1999 Class of 1950 Robert H. Brodt Fairmont, MN April 27, 1997

44 Law Alumni News / Fall 1997 University of Minnesota Law Alumni Association

Officers Barbara D. Ruud ’44, President Stephen F.Befort ’74, Treasurer

Directors Term Ending 1999 Michael J. Davis ’72, Minneapolis, MN Joseph T. Dixon ’69, Minneapolis, MN Larke L. Huntley ’69, Grand Rapids, MN Brigid M. McGrath ’84, Chicago, IL Laura H. Miles ’47, Wayzata, MN Martha A. Mills ’65, Chicago, IL Thomas J. Moore ’74, Denver,CO Maura B. O’Connor ’88, Los Angeles,CA James W. Rustad ’67, St Paul, MN Michael P.Sullivan ’62, Minneapolis, MN David L.White ’72, Phoenix,AZ Holly A. H.Williams ’91, Costa Mesa,CA

Term Ending 2000 Timothy W. Bellows ’75, Dallas,TX Valerie K. Doherty, ’79, Edina, MN Patrice A. Halbach ’80, Minneapolis, MN Ronald A. Jacks ’59, Chicago, IL Robert M. Kommerstad ’52, Pasadena, CA Rebecca Egge Moos ’77, Minneapolis, MN Vance K. Opperman ’69, Minneapolis, MN Mitchell W. Quick ’90, Milwaukee,WI Mary S. Ranum ’83, Minneapolis, MN Paula K. Richey ’76, Amery,WI Barbara D. Ruud ’44, Austin,TX John R.Tunheim ’80, Minneapolis, MN

Term Ending 2001 Catherine Anderson, ’73, Minneapolis, MN Ronald D.Aucutt, ’75, McLean,VA Dennis R. Homerin ’68, Chicago,IL R.Ann Huntrods ’81, St Paul, MN Christopher J. Kopka, ’98, Minneapolis, MN Robert M. Moore ’69, Rochester, MN Thomas M. Newcomb, ’76, Vienna,VA Ronald J. Schutz, ’81, Minneapolis, MN Madge S.Thorsen, ’77, Golden Valley, MN Kenneth R.White, ’82, Mankato, MN Timothy Y.Wong ’86, St. Paul, MN

E.Thomas Sullivan, Dean University of Minnesota Law School 229 19th Avenue South Nonprofit Org. Minneapolis, MN 55455 U.S. Postage PAID Minneapolis, MN Permit No. 155