Bankruptcy and Career Clerk Breakouts Available

The WM. Matthew Byrne, Jr., J udicial Clerkship Institute

For Current Clerks, Law Students, and Graduates Entering Federal Clerkships

March 14-15, 2013

Malibu, California

M essage from the Director J udicial Faculty

We are excited to invite you to join Arthur L. Alarcón United States Court of Appeals for the Ninth Circuit Pepperdine’s 13th annual Wm. Matthew Judge Alarcón was appointed United States circuit Byrne Jr., Judicial Clerkship Institute, a judge for the Ninth Circuit Court of Appeals on program dedicated to the promotion of November 2, 1979, and entered duty on November 20, 1979. He is a graduate of the University of Southern justice and the federal judiciary through California, receiving a bachelor’s degree in 1949, an the training of law clerks. Federal judges LLB degree in 1951, and a honorary doctor of laws from across the country gather at degree in 2007 from Southwestern University School of Law. Prior to his appointment to the appellate bench, Judge Alarcón served as a deputy Pepperdine and generously give of their district attorney for Los Angeles County, from 1952 to 1961. He served time to train law clerks on how to be professional, effective, within the administration California governor Edmund G. “Pat” Brown and successful. The wisdom the judges and professors share as a legal advisor and clemency and extradition secretary from 1961 to 1962, and as executive assistant to the governor from 1962 to 1964. He during the program is invaluable. We are excited to also served as chair of the California Parole Board’s Adult Authority in continue working with the American Bankruptcy Institute 1964, as judge of the Los Angeles Superior Court from 1964 to 1978, and as associate justice of the California Court of Appeal from 1978 to 1979. (ABI) and the Federal Judicial Center (FJC). The ABI and Judge Alarcón has served as an adjunct professor at the University of FJC will sponsor bankruptcy and career clerks to attend. Southern California Law School, Loyola Law School, and Southwestern We invite federal term clerks who will be beginning a University School of Law. federal clerkship at the appellate, district, or magistrate The Honorable Carol Bagley Amon court level to enroll. Through the kindness of former law Chief Judge, United States District Court for the Eastern District of New York clerks and other friends of Judge Byrne, and also through Since April 5, 2011, Judge Amon has served as chief judge of the Eastern District and serves on the Judicial Conference of Pepperdine University, we have travel scholarships available the United States. Judge Amon was a member of the Judicial for a limited number of new clerks who would like to Committee on Codes of Conduct from 1993 to 2001 and attend. We deeply appreciate the continued support of chair from 1998 to 2001. She also served as an advisor to the American Bar Association Joint Commission to Evaluate the judges, professors, clerks, and students who have helped to Model Code of Judicial Conduct. She is a graduate of William and Mary and make this conference a success for over a decade. We look the University of Virginia School of Law. Prior to her appointment to the forward to meeting you. district court in 1990, Judge Amon served as a U.S. magistrate, and assistant U.S. attorney for the Eastern District of New York, and a trial attorney for the U.S. Department of Justice. Naomi Harlin Goodno Associate Professor of Law Director, Wm. Matthew Byrne, Jr., Judicial Clerkship Institute The Honorable Bobby R. Baldock United States Court of Appeals for the 10th Circuit President Ronald Reagan appointed Judge Baldock to the United States Court of Appeals for the 10th Circuit in 1985. Previously, Judge Baldock served on the United States District Court for the District of New Mexico. During his judicial tenure, Judge Baldock has served the federal courts in numerous administrative capacities. Most recently, he concluded a three-year term as chair of the Committee on Financial Disclosure of the Judicial Conference of the United States. Judge Baldock graduated from the New Mexico Military Institute in 1956 and from the University of Arizona College of Law in 1960. Prior to his appointment to the federal bench, Judge Baldock practiced law for over two decades with Sanders, Bruin & Baldock in Roswell, New Mexico. Judge Baldock is married and has two grown sons.

The Honorable Duane Benton The Honorable Jacqueline Scott Corley United States Court of Appeals for the Eighth Circuit United States District Court for the Northern District of California Duane Benton became a judge on the United States Jacqueline Scott Corley has served as a magistrate judge in Court of Appeals for the Eighth Circuit on July 8, 2004. the Northern District of California, San Francisco Division, Judge Benton served on the Missouri Supreme Court since May 2011. Just prior to her appointment, she was a from 1991 until 2004 (including as chief justice from partner at Kerr & Wagstaffe, LLP in San Francisco, a 1997 to 1999). Previously, he practiced law from 1983 12- litigation firm where she practiced civil litigation to 1988, and served as Missouri’s director of revenue in the trial and appellate courts with an emphasis on federal from 1989 to 1991. He is a 1972 graduate of Northwestern University and practice. From 1998 through 2009 Judge Corley served as career law clerk to a 1975 graduate of Yale Law School, where he was managing editor of the Honorable Charles R. Breyer in the Northern District of California. Judge the Yale Law Journal. From 1975 to 1979 Judge Benton served with the Corley received her undergraduate degree from UC Berkeley, and her JD from U.S. Navy as a judge advocate. While in the navy, he earned a master’s magna cum laude, where she was selected as an editor degree in business administration and accountancy from Memphis State and articles chair of the Harvard Law Review. Upon graduation from law University, becoming a CPA in Missouri in 1983. Judge Benton earned an school, she served as a law clerk to the Honorable Robert Keeton of the United LLM from the University of Virginia in 1995. Judge Benton also served as States District Court for the District of . She subsequently an adjunct professor at Westminster College, the University of Missouri– practiced complex commercial litigation and white-collar criminal defense at Columbia School of Law, and Vanderbilt University School of Law. Goodwin, Procter LLP in Boston, and then moved to San Francisco and worked as a litigation associate. The Honorable Karon Owen Bowdre United States District Court for the Northern District of Alabama The Honorable Jeremy D. Fogel Judge Bowdre received her bachelor’s degree, cum laude, United States District Court for the Northern District of California from Samford University and her law degree, cum laude, Judge Fogel received his BA from Stanford University and from Cumberland School of Law. Judge Bowdre served his JD, cum laude, from Harvard University. Judge Fogel as a law clerk for the Honorable J. Foy Guin, district was in private practice in San Jose from 1974 to 1978, and judge for the Northern District of Alabama. She taught was founder and directing attorney, Mental Health at Cumberland School of Law from 1990 until she took Advocacy Project, Santa Clara County Bar Association Law office in November 2001. Judge Bowdre was director of the legal research Foundation from 1978 to 1981. In 1981 he was appointed to and writing program at the school and taught courses in insurance law, Santa Clara County Municipal Court and appointed to Santa Clara Superior , professional responsibility, and appellate advocacy. Prior to joining Court in 1986. He is a frequent lecturer on ethics, discipline, and professional the law faculty, Judge Bowdre practiced law with the Birmingham law conduct for both bench and bar and a lecturer at Stanford University Law firm of Rives & Peterson, handling numerous trial and appellate matters School. He was appointed to the U.S. District Court, Northern District of in state and federal court. California in 1998. Since October of 2011 he has been selected to serve as director of the Federal Judicial Center in Washington, D.C. The Honorable Charles R. Breyer United States District Court for the Northern District of California The Honorable Kent A. Jordan Judge Breyer received his AB in 1963 from Harvard United States Court of Appeals for the Third Circuit College and his JD in 1966 from UC Berkeley School of Kent A. Jordan was appointed in 2006 to serve as a United Law. Upon graduation from law school, Judge Breyer States circuit judge for the Third Circuit. Prior to that clerked for Oliver J. Carter, chief judge, U.S. District appointment, Judge Jordan was a United States District Court for the Northern District of California. He then Judge for the District of Delaware from 2002 to 2006. He served as an assistant district attorney in San Francisco received a BA in economics in 1981 from Brigham Young until 1973, when he was appointed assistant special prosecutor, Watergate University and a JD in 1984 from Georgetown University, Special Prosecution force. He entered private practice in 1974, where he was articles editor for the Georgetown Law Journal. From 1984 to specializing in the defense of white-collar criminal cases. Judge Breyer is 1985, he was a law clerk for the Honorable James L. Latchum, a judge on the also an adjunct professor at Hastings College of the Law. He was district court where Judge Jordan later served. He is a former assistant U.S. appointed to the U.S. District Court, Northern district of California in attorney for the District of Delaware and, from 1991 to 1992, was chief of the 1997 by President Clinton. Judge Breyer has served on the Executive civil division in that office. Prior to taking the bench, Judge Jordan served as Committee of the Judicial Conference of the United States, and is an officer and as a member of the boards of directors of privately held currently the long-range planning coordinator for the federal judiciary. businesses and was a partner in a Wilmington, Delaware law firm, with a practice focused on intellectual property, corporate, and commercial litigation. He is an adjunct professor of Law at the University of Pennsylvania and Vanderbilt University, and is a member of the American Law Institute.

Bankruptcy Faculty The Honorable Mary M. Schroeder The Honorable Margaret A. Mahoney United States Court of Appeals for the Ninth Circuit U.S. Bankruptcy Court for the Southern District of Alabama Judge Schroeder has served on the Ninth Circuit Court of Judge Mahoney was appointed U.S. bankruptcy Appeals since 1979 and was chief judge from December judge for the Southern District of Alabama in 1993. 2000 through November 2007. She previously served on the She served as chief judge from 1996 to 2003. Before Arizona Court of Appeals and practiced law in Phoenix, serving in the state of Alabama, she was a bankruptcy Arizona. She is a graduate of Swarthmore College and the judge in the Southern District of and also in University of Chicago Law School. After graduation she was the District of Minnesota. Prior to taking the bench, a trial lawyer in the Civil Division of the U.S. Department of Justice. Judge Judge Mahoney was a partner with Weil, Gotshal & Manges. She is a Schroeder has also taught at Arizona State University Law School and been an Fellow in the American College of Bankruptcy, a former editor-in-chief adjunct lecturer at Duke University Law School. She has published articles of the American Bankruptcy Law Journal and a member of the board and lectures in various law reviews and is a member of the Council of the of governors of the National Conference of Bankruptcy Judges. Judge American Law Institute. She is a recipient of the Arizona State Bar Mahoney received her BA from the College of St. Catherine, where she Association’s James A. Walsh Outstanding Jurist Award, the American Bar was a member of Phi Beta Kappa, and her JD with honors from the Association’s Margaret Brent Award, and the Joan Dempsey Klein NAWJ University of Minnesota Law School. Honoree of the Year Award. In 2006 Swarthmore College awarded her an honorary doctor of laws degree. She has her chambers in Phoenix. She and The Honorable Steven W. Rhodes her husband, Professor Milton Schroeder, have two daughters and U.S. Bankruptcy Court for the Eastern District of Michigan two grandchildren. Judge Rhodes recently completed a term as chief judge. From 1997 to 2004 he also served on the Bankruptcy The Honorable Kim M. Wardlaw Appellate Panel (BAP) of the Sixth Circuit, the last United States Court of Appeals for the Ninth Circuit three years as chief judge. Judge Rhodes was appointed Judge Wardlaw graduated summa cum laude and Phi Beta to a new four-year term on the BAP beginning January Kappa from UCLA in 1976, and from UCLA Law School in 1, 2008. He has served as an adjunct professor at the 1979, where she served as an articles editor of the UCLA University of Michigan Law School teaching bankruptcy law, and is Law Review, externed for the late Honorable Joseph T. a Fellow of the American College of Bankruptcy. A past member of Sneed III of the Ninth Circuit Court of Appeals, was the American Bankruptcy Institute board of directors, he also served awarded Order of the Coif and named the Outstanding as ABI’s vice president-research grants. Judge Rhodes received his Graduate of her class. She clerked for U.S. district court judge William P. Gray, undergraduate degree from Purdue University and his law degree from and joined the law firm of O’Melveny & Myers, where she practiced complex the University of Michigan Law School civil litigation for 16 years. Confirmed as a district court judge for the Central District of California in 1976, Judge Wardlaw joined the Ninth Circuit in 1998. She currently serves on the court’s Executive Committee, the circuit’s Federal Public Defender’s Committee and the ABA Commission on Hispanic Rights and Responsibilities. H onored Guest The Honorable Barry Russell U.S. Bankruptcy Court for the Central District of California Judge Russell serves as Chief Judge Emeritus on the U.S. Bankruptcy Court in the Central District of California in Los Angeles. Appointed in 1974, he served as chief judge from January 2003 to December 2006. He also served on the Bankruptcy Appellate Panel and became its chief judge from September 1999 to December 2001. Judge Russell has been a member of the faculty of the Federal Judicial Center in Washington, D.C., since 1977, and frequently lectures to bankruptcy judges throughout the United States. He received the American Bar Association’s Franklin N. Flaschner Judicial Award as the outstanding judge in the United States in a trial court of special jurisdiction in 1987, and he received the Los Angeles County Bar Association’s Outstanding Jurist Award in 2004. He has been the author of West’s Bankruptcy Evidence Manual since August 1987. A member of the American Bankruptcy Institute board of directors, he received both his bachelor of science and JD from UCLA. Joel K. Goldstein Academic Exchange Vincent C. Immel Professor of Law, Saint Louis University School of Law Joel K. Goldstein, the Vincent C. Immel Professor Erwin Chemerinsky of Law at Saint Louis University School of Law, has Dean and Distinguished Professor, University of California, Irvine, School of Law written extensively on the American vice presidency, Dean Chemerinsky is the founding dean of the School constitutional law, the Supreme Court, admiralty of Law, University of California, Irvine. From 2004 law, the presidency, and presidential succession and to 2008 he was the Alston and Bird Professor of Law, inability. His books include The Modern American Vice Duke University School of Law. Before that, he was on Presidency: The Transformation of a Political Institution (Princeton the USC faculty for over 20 years. Dean Chemerinsky University Press, 1982), Constitutional Law (5th ed.) (LexisNexis, 2008) regularly lectures to judges in programs for the Federal Judicial Center, (with the late Norman Redlich and John Attanasio), and Understanding the National Judicial College, and the American Bar Association. He Constitutional Law (4th ed.)(LexisNexis, 2012) (with John Attanasio. is a graduate of Northwestern University and Harvard Law School. He is writing a new book on the vice presidency and is frequently He is the author of seven books and over 200 law review articles. He interviewed on the subject. Professor Goldstein received a doctorate in regularly argues appellate cases, including in the U.S. Supreme Court. political science at Oxford University, which he attended as a Rhodes Scholar, and a law degree from Harvard Law School. He was law clerk Robert F. Cochran, Jr. for Judge W. Arthur Garrity, Jr., of the United States District Court Founder and Director, The Herbert and Elinor Nootbaar Institute on in Massachusetts. Law, Religion, and Ethics and Louis D. Brandeis Professor of Law, Pepperdine University, School of Law Douglas W. Kmiec Robert F. Cochran, Jr., founded the Judicial Clerkship Caruso Family Chair and Professor of Constitutional Law and Human Rights, Institute and directed it from 2000 to 2003. Professor Pepperdine University Cochran’s books include: Louis D. Brandies’s MIT Ambassador (ret.) Douglas W. Kmiec is Caruso Lectures on Law (Carolina Academic Press, 2012); Family Chair and Professor of Constitutional Law & , Clients, and Moral Responsibility (West, 2nd ed. 2009; 1st ed. Human Rights, Pepperdine University. In addition 1994) (with Thomas L. Shaffer); and Christian Perspectives on Legal to being an author and syndicated columnist, he has Thought (Yale University Press, 2001) (with Michael McConnell and been privileged to serve Democratic and Republican Angela Carmella). Professor Cochran is the editor of the SSRN Law presidents alike. Upon nomination by President Obama and and Religion eJournal. He founded and currently directs Pepperdine’s confirmation by the Senate, he was U.S. ambassador to the Republic Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics. of Malta, where he completed the construction of a $125.5 million Recent trips have taken him to Rwanda, Uganda, Sudan, South Korea, embassy compound and upgraded the security and economic ties and Thailand, lecturing on justice, religion, and law. between the Mediterranean and the U.S. In the face of violence in the Libyan uprisings, the ambassador successfully organized a rescue Michael Gerhardt of the staff of U.S. embassy in Tripoli and hundreds of other foreign Samuel Ashe Distinguished Professor of Constitutional Law and Director of the nationals from Libya with a catamaran. Ambassador Kmiec had UNC Center on Law and Government, UNC-Chapel Hill previously served as head of the Office of Legal Counsel (U.S. assistant attorney general) for presidents Ronald Reagan and George H. W. Michael Gerhardt is Samuel Ashe Distinguished Bush. A Fulbright Scholar (Asia), White House Fellow, and honorary Professor of Constitutional Law and Director of degree recipient, the Ambassador is a graduate of Northwestern and the UNC Center on Law and Government at UNC- USC. He taught at Notre Dame for near 20 years and was Dean of The Chapel Hill. He is a nationally recognized expert Catholic University of America. on constitutional conflicts and has participated in the confirmation proceedings for five of the nine justices currently sitting on the Supreme Court, including most recently as special counsel to chair Patrick Leahy and the Senate Judiciary Committee on the nominations

of Sonia Sotomayor and Elena Kagan to the Supreme Court. During keynote Speaker

President Clinton’s impeachment proceedings, he testified as the only joint witness before the House of Representatives and served as Akhil Reed Amar Sterling Professor of Law and Political Science at Yale University CNN’s full-time impeachment expert. He has published dozens of law review articles and five books, including leading treatises on both Akhil Reed Amar is Sterling Professor of Law and the impeachment and appointments processes and “The Power of Political Science at Yale University, where he teaches Precedent” (published by Oxford University Press). His forthcoming constitutional law at both Yale College and Yale Law book, “The Forgotten Presidents: Their Untold Constitutional Legacy,” School. He received his B.A, summa cum laude, in will be published next year by Oxford University Press. Professor 1980 from Yale College, and his JD in 1984 from Yale Gerhardt received a BA with honors from Yale University, an MSc Law School, where he served as an editor of The Yale from the London School of Economics, and a JD with honors from the Law Journal. After clerking for Judge Stephen Breyer, U.S. Court University of Chicago. of Appeals, 1st Circuit, Professor Amar joined the Yale faculty in 1985. Along with dean Paul Brest and Professors Sanford Levinson, Jack Balkin, and Reva Siegel, professor Amar is the coeditor of a leading constitutional law casebook, Processes of Constitutional Decisionmaking. He is also the author of several books, including The Constitution and Criminal Procedure: First Principles (Yale Univ. Press, For more information visit: 1997), The Bill of Rights: Creation and Reconstruction (Yale Univ. Press, law.pepperdine.edu 1998), America’s Constitution: A Biography (Random House, 2005), and most recently, America’s Unwritten Constitution: The Precedents For the Bankruptcy Breakout Session visit: and Principles We Live By (Basic Books, 2012). www.abiworld.org I am honored to have this opportunity to serve as dean at Pepperdine, the host of the prestigious Wm. Matthew Byrne, Jr., Judicial Clerkship Institute. Judge Byrne was a personal friend of mine and a highly respected colleague in the federal judiciary. He was a model of judicial excellence, integrity, and public service. As the work of the judiciary continues to become ever more complex and demanding, the training of lawyers to serve as efficient and effective law clerks to federal judges is critical. The goal of this institute is to equip law clerks to make significant and valuable contributions to the judges for whom they work and the judiciary as a whole. I am especially pleased that we are partnering with the American Bankruptcy Institute and the Federal Judicial Center in this endeavor. The Federal Judicial Center is known throughout the nation as an outstanding provider of judicial and judicial staff education. I look forward to welcoming this year’s participants to what promises to be an excellent conference. —Deanell Reece Tacha Duane and Kelly Roberts Dean

Location and Activities Registration The Byrne Judicial Clerkship Institute will be held at Pepperdine Any law student or law graduate who has been selected for or has entered a clerkship University School of Law in Malibu, California. The weather in with a federal magistrate, district, or appellate court judge is eligible to attend. March is typically sunny and pleasant, in the mid-70s during the Bankruptcy law clerks are eligible to attend an additional program track designed by day and the 50s at night. The campus is approximately 45 minutes the American Bankruptcy Institute. Career clerks are eligible to attend through a up the coast from the Los Angeles International Airport (LAX). program sponsored by the Federal Judicial Center. Unfortunately, because of space The program will begin on Thursday, March 14, at 8 a.m. On limitations we cannot accept all applicants, so apply early. The deadline for Friday, the program will run from approximately 8 a.m. to 5 p.m. application and fees is February 8, 2013. Because we respect the desire that some Dress for the program is business casual. judges may have to personally supervise all of the training of their clerks, all clerks must receive the permission of their judges before participating in the program. The Tuition and room-and-Board registration form has a place for clerks to indicate that they have received such The tuition for the program is $95. MCLE credit is available, permission. For updated information and pictures of previous programs, visit our including one hour of ethics and one hour of professional website at law.pepperdine.edu. responsibility credit. We will provide breakfast and lunch on Thursday and Friday at no additional cost. We have arranged Funding housing for a limited number of clerks at the Sheraton Delfina, Funding for the Byrne Judicial Clerkship Institute currently comes from registration Santa Monica, 20 minutes from the campus. The hotel is within fees and the Pepperdine University School of Law general expense budget. walking distance of the beach, the Santa Monica Pier, and the New Clerks: Limited travel scholarships are available through the generosity of Judge Third Street Promenade, with its outdoor cafes, unique shops, and Byrne’s friends and former law clerks. If you are interested in applying for a street entertainers. A shuttle will operate between the Sheraton scholarship to help with travel expenses, please complete the form available at Delfina and institute events. We will pair you with a roommate, law.pepperdine.edu/jci and submit it with your registration. unless you identify a roommate on your registration form. Total cost per person for a shared room for three nights (Wednesday, Bankruptcy Judicial Clerks: The American Bankruptcy Institute (ABI) will support the Thursday, and Friday) is $275. Very limited public transportation is attendance of a limited number of bankruptcy clerks. Contact Sam Gerdano at ABI by available in Los Angeles, thus students who want to be independent calling 703.739.0800 or e-mailing [email protected]. during their stay should rent a car. Shuttle service (SuperShuttle, Career Law Clerks: The Federal Judicial Center (FJC) will support the attendance of a 800.258.3826 or Prime Time Shuttle, 800.733.8267) between LAX limited number of career law clerks. Contact Brenda Baldwin-White, senior judicial and the hotel costs approximately $45 each way. education attorney at FJC by calling 202.502.4112 or e-mailing [email protected]. If you have questions concerning registration, travel, or housing, contact: Register online at law.pepperdine.edu/jci or return the registration form to: Margaret Barfield at 310.506.4653, or Margaret E. Barfield, Manager [email protected] Wm. Matthew Byrne, Jr., Judicial Clerkship Institute Pepperdine University School of Law, Malibu, CA 90263 • Fax: 310.506.4266 Phone: 310.506.4653 • [email protected] LS1209042

REGISTRATION FORM

Name______Male Female Payment

Address______Registration for institute...... $95

______Shared room at the Sheraton Delfina ($275/person)______

Telephone______Fax______Roommate choice (if any):

E-mail______Private room at the Sheraton Delfina($500/room) Law School______Class of______Total cost:______Judge______Payment by: Enclosed check Visa Mastercard Court______Clerkship begins______(Make check payable to: Pepperdine University) The judge has granted permission for me to participate in this program. I will attend the Bankruptcy Law Clerk Breakout. Card no.______I will attend the Career Clerk Breakout. I will: Use the shuttle bus Have a car at the conference Expiration date______

I will arrive on______and depart on______Signature______