University of North Dakota UND Scholarly Commons North Dakota Law School of Law Fall 2008 North Dakota Law Rob Carolin Follow this and additional works at: https://commons.und.edu/nd-law Part of the Law Commons Recommended Citation Carolin, Rob, "North Dakota Law" (2008). North Dakota Law. 10. https://commons.und.edu/nd-law/10 This Book is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law by an authorized administrator of UND Scholarly Commons. For more information, please contact [email protected]. T HE UNIVER SIT Y OF NORTH DAKOTA SC HOOL OF LAW UND Trial Advocacy Also Inside: The Case of James Dean Walker Aerospace Legal Research From The Dean This issue of NORTH DAKOTA LAW provides a present- to disseminate the programs to a wider audience. day snapshot of the strong connections between The best example of that is the enhancement of the our past and our future. For more than a century, presentation by U.S. Court of Appeals Judge Myron our law school has been producing leaders in the Bright on the case of James Dean Walker, delivered legal profession, in business, and in public service. at the law school as part of the Law School Speaker The stories in this issue demonstrate that the next Series. Additional research and interviews conducted generations of lawyers are being well trained for the by Dave Haberman have contributed to the production same fulfilling careers that our alumni have enjoyed. of a DVD to be sent to other law schools for use by their Criminal Procedure and Post-Conviction Relief The cover story illustrates our intentional approach to instructors, thanks to a gift from Judge Bright to cover enhancing the skills education that we provide. We the costs of doing so. We also plan to enter the DVD are one of a few law schools in which every student in an area film festival. receives the foundational first year skills education from a tenure-track faculty member. The success of The alumni magazine also gives us an opportunity the students on our Trial Team is powerful evidence to celebrate the accomplishments of our graduates of the quality of our lawyering skills teaching and and to recognize the opportunities created by their advocacy competition coaching. generosity. This issue includes a story about the work of A. L. “Sid” Overton (J.D. 1966) in establishing Law schools can benefit in many ways from being and advising non-profit organizations, and reports on part of a sophisticated research university. The joint the Class of 1957 fiftieth reunion at Homecoming in JD/MBA degree program we have with the College of October 2007. The Class of 1957 made a reunion Business and Public Administration is one example gift that supported the installation of a display case of how students benefit. Our Institute for the Study to highlight the accomplishments of our faculty and of Tribal Gaming Law & Policy brings together law students. A gift made by Vivienne Johnstone in and political science/public administration expertise memory of her late husband Russell, a 1936 graduate in interdisciplinary scholarship. A new venture with of the law school who went to a successful career the Odegard School of Aerospace Sciences creates as an executive and officer of Roadway Trucking, opportunities for our students to be involved in provided the funds to renovate part of the second research on the challenging legal issues associated floor to create the Russell and Vivienne Johnstone with the university’s cutting-edge work on unmanned Faculty Commons Room aerial vehicles. Finally, a word about the next issue of NORTH DAKOTA Speakers and programs have always been an LAW. Our faculty come from around the country, our important element of the educational experience of students come from around the world, and the scope the law school. In the last year, we launched two new of the work that we do ranges from local to global. initiatives. Professor James Moliterno of the College At the same time, we are North Dakota’s law school. of William and Mary delivered the first presentation in The January 2009 issue of our alumni magazine will the Mart Vogel Lecture Series on Professionalism and be dedicated to demonstrating the considerable Legal Ethics, and Peter Pantaleo (J.D. 1976) of DLA positive impact that our world-class faculty, students, Piper was our inaugural Distinguished Practitioner in and alumni have on our state. Residence. Advances in technology make it possible 2 NORTH DAKOTA LA W Contents 4 Departments Trial Advocacy Reaching New Heights At UND Opening Statement 2 Alumni Spotlight 18 School Spotlight 20 8 Donor Story 22 Aerospace and the Law UND Foundation 23 Groundbreaking Research on UAV Law On the Scene 24 Alumni Profiles 26 News Briefs 28 10 Faculty Notes 30 Finding Justice Judge Myron Bright and James Walker School of Law Administration Paul LeBel Dean 14 Kathryn Rand Associate Dean Jeanne McLean Making A Difference Assistant Dean Vivienne and Russell Johnstone Editor, Rob Carolin Director of Alumni & Public Relations Cover Photo - UND Law Trial Team by Chuck Kimmerle University of North Dakota Photographer Vol. 2, Issue 1, August 2008 SSUMMERUMMER 2008 3 Trial Advocacy At UND Reaching New Heights UND Law Trial Team Eeva Greenley, Aubrey Fiebelkorn-Zuger, Stacy Moldenhauer (front, l to r) Lori Conroy, Peter Zuger, and Kara Johnson (back, l to r) 4 NORTH DAKOTA LA W Trial advocacy education and opportunities have grown for students at the UND School of Law. A proof point of the success of the program is our extramural Trial Team, pictured left, who qualified and competed at the National Trial Competition in Austin, Texas. Trial Team To Nationals through closing arguments. Tey must prepare both sides of the Te law school’s Trial Team same case, as they may be required competes in the National Trial to represent the plaintiff in one Competition, sponsored jointly round and the defense in the next. by the American College of Trial From October through December, Lawyers and the Texas Young students spend approximately ten Lawyers Association. Te National hours a week building their case Trial Competition is broken down and developing their examinations into fourteen regional competitions and arguments. By January, around the country. UND’s students spend fifteen to twenty Trial Team competes in Region hours a week in the law school’s 12, covering all law schools in Baker Courtroom practicing their Washington, Oregon, Montana, skills. Tey also spend countless Wyoming, North Dakota, South hours between practice refining Dakota, Nebraska, and Idaho. Te their arguments and examinations. regional competitions end after the Te time spent by the team in the completion of the semi-final round, courtroom is supervised by faculty leaving two finalist teams from each and also involves critique from region to compete in the National members of the bench and bar. Trial Competition held annually in Texas. Tis year, the law school sent two teams of three students (the Te law school’s Trial Team must maximum number permitted prepare a separate case for both the under the competition’s rules), regional and national competitions. coached by Professors Kate Traylor Teams of three prepare the case Schaffzin and Danny Schaffzin, for trial, from motions in limine to compete in the Region 12 SUMMER 2008 5 competition hosted by Creighton law school offers the opportunity bailiffs who observe the entirety University School of Law in to participate in the Carrigan Cup. of the trials as timekeepers. Tis Omaha, Nebraska. Although the Te Carrigan Cup is an intramural year’s winning team was third-year team of Lori Conroy, Kara Johnson, trial competition sponsored by student Peter Zuger and second-year and Peter Zuger went undefeated Judge Jim Carrigan, a graduate student Lori Conroy. through all three preliminary of both the University of North rounds and was seeded second Dakota and the UND School of Trial Advocacy Education when advancing to the elimination Law. Judge Carrigan currently As discussed, the University of rounds, they unfortunately fell works as an arbitrator in the Denver, North Dakota School of Law in the quarter-final round to the Colorado, area since retiring offers a variety of opportunities for University of Washington team from both the Supreme Court of students to enhance their practical that ultimately advanced to the Colorado and the United States skills in the art of trial advocacy. National Competition. Te team of District Court for the District of In addition, those activities are Eeva Greenley, Stacy Moldenhauer, Colorado. Each year, he returns to supported by several formal courses and Aubrey Fiebelkorn-Zuger also the law school to serve as a judge in on the subject, including Trial advanced to the elimination rounds, the final round of the competition. Advocacy, Pre-Trial Practice, and where they proceeded to defeat one Te law school also solicits the Criminal Advocacy. Creighton Law School team in the support of the North Dakota bench quarter-final round and the other and bar to sit as both scoring and Each year, the law school offers Creighton team in the semi-final presiding judges in all rounds of the a basic course in Trial Advocacy round. Tus, this UND team competition. If you have interest to law students. Tis course is an was declared the winner of the in participating in future Carrigan introduction to the most basic skills regional competition and qualified Cup competitions please contact necessary to conduct a simple trial. to compete in the National Trial Professor Traylor Schaffzin.