LAWQUADRANGLENOTES

49.3 • SPRING • 2007

• SPECIAL SECTION: Conferences showcase the breadth and reach of the law

• NEW SECTION: Campaign Report

• A measure of honor –Mark D. West

• Amending Executive Order 12866 –Sally Katzen

The University of Michigan Law School Volume 49, Number 3 SPRING 2007

On the cover: The tower of Michigan Law’s Reading Room If you are a Law School graduate, seen through a window of the renowned Law Library. The please send your change of address to: Legal Research Building is ranked 94th of 150 of America’s best-loved architectural sites in a recent survey conducted Law School Development and Alumni Relations for the American Institute of Architects. The survey put 109 East Madison Michigan Law’s treasured building, designed by the firm of York & Sawyer and built in the first half of the 20th century, Suite 3000 on a list with gems like the National Cathedral, Lincoln Ann Arbor, MI 48104-2973 Memorial, Washington Monument, and Golden Gate Bridge. Phone: 734.615.4500 (Photo by Sam Hollenshead) Fax: 734.615.4539 E-mail: [email protected] Copyright © 2007 The Regents of the University of Michigan. All rights reserved. Law Quadrangle Notes (USPA #144) is issued by the Non-alumni readers and others should address: University of Michigan Law School. Postage paid at Ann Arbor, Michigan. Publication office: Editor Law Quadrangle Notes, University of Michigan Law Quadrangle Notes Law School, Ann Arbor, MI 48109-1215. B38 Hutchins Hall Published three times a year. Ann Arbor, MI 48109-1215 Postmaster, send address changes to: Phone: 734.647.3589 Editor, Law Quadrangle Notes Fax: 734.615.4277 University of Michigan Law School E-mail: [email protected] B38 Hutchins Hall Ann Arbor, MI 48109-1215 www.law.umich.edu Faculty Advisors: Steven P. Croley, Edward Cooper, and Yale Kamisar Editorial Consultant: Catherine Cureton Editor/Writer: Tom Rogers Writers: Becky Freligh, Jeff Mortimer, Sarah Vinka Director of Publications: Lisa Mitchell-Yellin Design: Laura Jarvis

Photo Credits: Gregory Fox; Sam Hollenshead; University Photo Services (Lin Jones, Scott Galvin, Martin Vloet)

The University of Michigan, as an equal opportunity/affir- mative action employer, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action, including Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973. The University of Michigan is committed to a policy of nondis- crimination and equal opportunity for all persons regard- less of race, sex*, color, religion, creed, national origin or ancestry, age, marital status, sexual orientation, disability, or Vietnam-era veteran status in employment, educational programs and activities, and admissions. Inquiries or complaints may be addressed to the Senior Director for Institutional Equity and Title IX/Section 504 Coordinator, Office for Institutional Equity, 2072 Administrative Services Building, Ann Arbor, Michigan 48109-1432, 734.763.0235, TTY 734.647.1388. For other University of Michigan information call 734.764.1817. *Includes discrimination based on gender identity and gender expression.

The Regents of the University of Michigan Julia Donovan Darlow, Ann Arbor Laurence B. Deitch, Bingham Farms Olivia P. Maynard, Goodrich Rebecca McGowan, Ann Arbor Andrea Fischer Newman, Ann Arbor Andrew C. Richner, Grosse Pointe Park S. Martin Taylor, Grosse Pointe Farms Katherine E. White, Ann Arbor Mary Sue Coleman (ex officio) LAWQUADRANGLENOTES SPRING 2007

2 A MESSAGE FROM THE DEAN

4 SPECIAL SECTION: The breadth and reach of the law In rich realization of Oliver Wendell Holmes Jr.’s view of law as “a path to the world,” Michigan Law’s conferences and symposia use law as the key to open doors to subjects ranging from child advocacy to intelligence gathering and the state of our democracy.

30 NEW SECTION: Campaign Report • A new section to keep you informed about the Law School’s fundraising initiative. • Welcome • John Nickoll meets challenge to endow professorship • George Skestos honors his parents (and professors) with new faculty chair pages 4–29 48 ALUMNI • Alumni directory work approaches completion • Brian O’Neill, ‘74: The wheels of justice are stuck • New Dean’s Advisory Council links Michigan Law, legal profession

70 FACULTY • • Faculty adopts new admissions policy • Reimann, co-editor assay the ‘state of the art’ of comparative law • New books by Santacroce, West

78 BRIEFS • Campbell Moot Court final decision • MLK Day speaker: Injustice must be confronted • Microsoft VP: Governments lead international decision making

88 ARTICLES

• A measure of honor –Mark D. West People in Japan sue despite low damages—and win—over some things that sound rather silly. The rules increase people’s chances of winning, but even if they had a 100 percent chance of success, shouldn’t they be able to get over it? • On amending Executive Order 12866 –Sally Katzen pages 30-47 During the last six years, there has been a slow but steady change in the process by which regulations are developed and issued—specifically, in the balance of authority between the federal regulatory agencies and the Office of Management and Budget.

LQN SPRING 2007 1 A message from Dean Caminker

“Measure twice, cut once.” While this Notes), a distinguished 170,000-square- the designed structure would have partly is perhaps not the most well-known of foot expansion featuring a glass-roofed been built on top of the underground proverbs, it’s precisely what we do as piazza, would have met most of our library and would also have required lawyers. We view a problem from all space needs in a most elegant manner. gutting heavily-used areas such as the sides and perspectives, we anticipate Unfortunately, it also would have part of our basement dedicated to every possible argument and counter- required a financial investment that was student organizations, many important argument, and we develop a nuanced sobering even at that time, $135 million, components of the current buildings strategy for trial or negotiation before and which has since ballooned via would have been off-limits for extended we embark on a course of action. construction cost increases to over $175 periods of time. With our Library ranked So it should come as no surprise that million, with further significant annual among the best in the world and our we at Michigan Law heeded the sage increases in the offing. This was clearly student organizations among the most counsel of this proverb when it came stretching the School’s capacity, notwith- active anywhere, effectively shutting to moving forward on our building standing the support of many generous down those and other operations for expansion project. To be sure, the Quad alumni and friends who have already months at a time would have seriously is architecturally grand and inspiring, but invested in the building expansion. compromised the quality and integrity of its 80-year-old interior spaces demand Cost alone encouraged us to measure the Michigan Law experience. rejuvenation and enhancement to twice before committing to such an Just as important as the difficult underscore our position as a truly world expensive project, but we also reex- construction schedule was the issue of class law school. As you may recall, amined a number of other, critically opportunity costs and competing priori- we have a broadly acknowledged and important factors. One was an expected ties. Our stature as a world-class law increasingly compelling need for more six-year construction cycle, which school is heavily dependent on attracting and different kinds of space, including presented three separate problems. and retaining prominent faculty and First, we couldn’t qualified staff, providing financial aid to We have revisited our initial objectives and so much as break talented and deserving applicants, and assumptions, examined how those objectives had ground for the developing resources so we can seek out evolved in the intervening years, and ultimately project until a and pursue exciting and fruitful teaching significant portion and service opportunities. With the arrived at what I believe are achievable ways of of the funding was lion’s share of our financial resources having a profound impact on the School and the very in hand, which directed toward a new building, it would special educational experience we offer. would have left not be possible to address these other our current space vitally important priorities in a way modern classrooms and seminar rooms, needs unaddressed for quite some time. befitting the University of Michigan Law a student gathering place, faculty offices, Second, a lengthy construction cycle School. That, I felt strongly, was not an clinical law student and faculty space, would have been disruptive to students, acceptable option. student study areas, and other uses. In faculty, and staff for intolerably long Finally, we also took time to consider the School’s initial attempt to meet these periods. Particularly in today’s highly the way in which the University is space needs, we consulted with architect competitive admissions environment, changing around us even as I write this Renzo Piano with the idea of building I didn’t want three or more incoming message. The Law School is no longer an addition to the Law Quadrangle classes to experience the Quad only the southern gateway to the academic contained within the block where while its beauty was obscured by campus; that distinction now belongs to it currently stands. Piano’s concept functionally limiting and unsightly the newly-built home of the Gerald R. (previously featured in Law Quadrangle construction projects. And third, since Ford School of Public Policy, one block

2 LQN SPRING 2007 south of us at the corner of State and of having a profound impact on the Hill Streets. And with the expansion of School and the very special educational the University’s frontier once again, as experience we offer. And we remain has happened throughout the history of well aware that moving ahead expedi- this great institution, new site options tiously is critical to our future. have opened for new building. In partic- The point worth stressing is that, ular, the construction of the Ford School however many times we looked at on the far side of the block to the south the evidence, our conclusions were presents a rare—and fleeting—oppor- the same: the original plan’s costs tunity to reserve space for the Law had skyrocketed, other high priority School beyond the Quad, and the School objectives also needed to be pursued, is poised to take advantage of that the six-year and intrusive construc- opportunity. Given that we don’t know tion period was sobering, and the what our future needs may be, or how University’s expansion offered being landlocked and space-constrained marvelous potential for new locational could impact us over the next century, options, academic partnerships, and I cannot in good conscience forgo the future growth. All of this inclined us chance we have now to expand our toward developing an alternative. physical horizon. And beyond oppor- To that end, with our guidance commence actual design work. At this tunities for expansion, new adjacencies the University recently retained the point, I can’t speculate about cost and open up new pedagogical possibilities, services of Hartman-Cox Architects timetable except to emphasize that including collaborations with the Ford of Washington, D.C., to work with whatever we do will be done within our School and our other near neighbor, the us on preliminary services en route means and completed in the soonest Stephen M. Ross School of Business. to a new building expansion plan for possible time. Such partnerships would add terrific Michigan Law. That was an inspired I can, however, assure you that the value to the experience of both students choice from my perspective. Hartman- Law School will continue to update you and faculty, and I know many join me Cox boasts an outstanding reputation. as we proceed to design and execute a in finding these prospects tremendously The firm is well-versed in academic beautiful renovation and expansion that exciting. architecture, including law schools will both complement the Quad and I am therefore deeply grateful that (Georgetown, Washington University, reflect our stature as a world-class law our Building Committee, under the able and Tulane among others). And by school. In the meantime, as concerns and farsighted leadership of Rebecca virtue of personality and relative the building project, I am optimistic that Eisenberg, the Robert and Barbara proximity, I’m confident they’ll prove we have formally exchanged our tape Luciano Professor of Law, has helped wonderful partners. I encourage you measure for a set of finely-honed shears. me to wrestle with these issues, interact to take a look at their work by visiting with all relevant constituencies, and www.hartmancox.com. provide guidance in moving forward. Next steps? Once the Building We have revisited our initial objectives Committee fully briefs Hartman-Cox and assumptions, examined how those and the firm develops basic conceptual objectives had evolved in the inter- options, we’ll seek approval from vening years, and ultimately arrived the University’s Board of Regents at what I believe are achievable ways to continue with the project and

LQN SPRING 2007 3 BRIEFS SPECIAL SECTION: The breadth and reach of the law

6 Child advocacy— Celebrating the past, divining the future • ‘Kiddie law’ is growing up A retrospective and prospective interview with Child Advocacy Law Clinic founder Donald N. Duquette, ’75.

14 Listening in: State Intelligence Gathering and International Law • A matter of integrity By Jeffrey H. Smith, ’71 • A matter of balance By Alexander Joel, ’87

26 What is happening to law and democracy? • Law and Democracy in the Empire of Force James Boyd White details concerns that led to organizing the conference and goals for the gathering.

ALSO

12 Fall 2006 Conferences: • Great Lakes • Patents and diversity • Taxation and development • Sarbanes-Oxley’s impact on business

24 Spring 2007 Conferences: • Populists in action: Direct democracy • Native peoples, medical ethics, and institutional research • Happy, healthy lawyers • International judicial conference

4 LQN SPRING 2007 The rich diversity of the law

The law is the portal to an endlessly stimulating conversation. Here at Michigan Law, confer- ences and symposia during this academic year have presented fascinating evidence of the variety of intellectual exchange that the law nourishes, from discussions of patent law in PAGE 6 the face of blurringly fast technological change to the interplay of international law with the United States’ and other countries’ ever-more-global intelligence gathering. The conference Looking Ahead to the Next 30 Years of Child Advocacy both celebrated the 30th anniversary of Michigan Law’s pioneering Child Advocacy Law Clinic (CALC) and used the expertise of profes- sionals and scholars from this country and abroad to identify and examine future issues in the field of child welfare. In this special section on the breadth and reach of the law, on page 6 CALC founder Donald N. Duquette, ’75, discusses the clinic, the child advocacy field, and issues of child wel- fare; on page 14, the keynote address of former CIA General Counsel Jeffrey H. Smith, ’71, and the remarks of national civil liberties protection officer Alexander Joel, ’87, illuminate issues PAGE 14 raised at the conference State Intelligence Gathering and International Law; and on page 26, L. Hart Wright Collegiate Professor of Law James Boyd White explains how changes affecting the role of law and core of democracy led him to co-organize the conference Law and Democracy in the Empire of Force. Each of these selections also reflects part of the life story of every conference or symposium: Duquette provides history and context; Smith’s keynote address and Joel’s remarks exemplify the thought-provoking commentary that hallmarks such gatherings; and White shows how shared concerns initiate and then coalesce into the organized exchange of ideas we call a conference or symposium.

On pages 12 and 24, you can peruse agendas of the many other conferences and PAGE 20 symposia at Michigan Law this academic year. These conferences are rich in variety—from the Great Lakes to international tax issues, from voter initiatives to Native American exploita- tion—and they all share the law as their common ground. As White so aptly said in his call for papers, participants could address “human rights, international law, law and economics, the Supreme Court, teaching law, the practice of law, the culture of consumerism, the news media, corporate law and accounting, civil liberties, the uses of history, torture and ‘rendition,’ government lying and propaganda, the premises on which law works in the world, the way that women are thought about, race, poverty, education, the cultural effects of TV and the Internet, the way Congress talks about its business, etc.” Indeed, each conference becomes an extended dialogue that, like the law itself, has the capacity to lead us toward expanded awareness. PAGE 26

LQN SPRING 2007 5 CHILD ADVOCACY—Celebrating the past, divining the future

MARCH 28 - APRIL 1, 2007 Looking Ahead to the Next 30 Years of Child Advocacy A symposium and celebration of the 30th anniversary of Michigan Law’s pioneering Child Advocacy Law Clinic (CALC)

SPONSOR Lance Johnson, ’65 U-M Journal of Law Reform, U-M Law School March 28-April 1, 2007 Papers from the conference will be printed in a future issue of the Journal of Law Reform. INTRODUCTION The History of Child Protection in America by Professor John E.B. Myers University of the Pacific, McGeorge School of Law KEYNOTE ADDRESS U.S. Senator Debbie Stabenow SESSIONS • Child Well-Being in America • Child Welfare and Children’s Rights Around the World 1 • How to Best Protect the Legal Interests of Children?

2 • What Role Should Impact Litigation Play in Achieving Justice for Children? • The Role of Interdisciplinary Education in Child Advocacy • The Child Welfare Courts of the Future • The Practice of Child Welfare Law in 2036 • Challenges for the Future of Legal Advocacy for Children and Families

PHOTO LEGEND 1 McGeorge School of Law Professor John E.B. Myers details the history of U.S. child protection. 2 Journal of Law Reform Symposium Editor Emily Keller, Donald N. Duquette, ‘75, U.S. Senator Debbie Stabenow, and UN Committee on Children Chair Jaap E. Dock chat during a conference reception. 3 Listening intently. 4 Children’s Rights Executive Director Marcia Robinson Lowry on “What role should impact litigation play in achieving justice for children?” 5 Washington State Supreme Court Justice Bobbe Bridge addresses participants.

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6 LQNLQN SPRINGSPRING 20072007 THE BREADTH AND REACH OF THE LAW

Donald N. Duquette: ‘Kiddie law’ is growing up

In 1976 Donald N. Duquette, ’75, right, launched the Law School’s Child Advocacy Law Clinic, which today has become perhaps the most-imitated clinical education vehicle in the country. In addition to training law students, the clinic has provided significant, successful assistance for many children and their parents, and Duquette and others associated with CALC have become well known as pioneers and leaders in the field of child advocacy law. Here, Duquette recalls some events of CALC’s founding and early years and ponders the future in the field of child advocacy.

Q: What were your expectations and goals when you launched the Child Advocacy Law Clinic (CALC) 30 years ago? Why did you feel such a clinic was needed? A: One rarely does anything alone in this world. Then, as now, I was part of a team, a community of people dedicated to addressing a serious social problem—child abuse and neglect. The U.S. Congress, in 1974, passed the Child Abuse Prevention and Treatment Act that provided federal funds to address these problems—if states adopted certain procedures including mandatory reporting of suspected child abuse and neglect and representa- tion of children in such cases. The Harry A. and Margaret D. Towsley Foundation gave a three-year grant to the Law School for an interdisci- plinary program in child abuse and neglect that included law, social work, and, within medicine, pediatrics and psychiatry. Dr. Towsley was himself a pediatrician and quite sensitive to the concerns that had gained national attention. He and others recognized the need to develop knowledge and professionals able to meet this challenge of child abuse. The challenge to this nascent interdisciplinary program on child abuse and neglect was to develop a broad-based, interdisciplinary approach to the problem of professional education and advocacy for the abused and neglected child. Each school was to develop clinical, non-clinical, and continuing profes- sional education programs in child abuse and neglect. Before law school I had been a social worker in the field of child protection and foster care. After I graduated from Michigan Law, my first job was as an assistant professor of pediatrics at Michigan State University, where I worked closely with Dr. Ray Helfer, a pioneer in the diagnosis and treatment of child abuse and neglect. When I saw the advertisement for the interdisciplinary project position, I thought my name was on it and applied at once. I was fortunate enough to be hired and began in August of 1976. Our first CALC class of six students met in fall 1976. Despite the presence of some dedicated individuals, the state of the law and court practice was dismal. It was a rare caseworker, lawyer, or judge who possessed even rudimentary knowledge of the field. The state caseworkers found the court process unpredictable and mysterious. But more seriously, the court and agency procedures did not reflect current psychological knowledge of child development and children’s needs for continuity, stability, and prompt decision-making. One of the slogans

LQN SPRING 2007 7 CHILD ADVOCACY: ‘Kiddie law’ is growing up

coined during this time (by Anna Freud, in nearly all of the state initiatives to Joseph Goldstein, and Albert J. Solnit) reform child welfare. I can look at the was “the child’s sense of time,” which Michigan Juvenile Code and identify translated for child advocacy workers sections where our involvement was into “Make good decisions, but make instrumental. I can look to particular them efficiently and promptly.” On one sections and remember which students hand, the legal community was hungry helped with the drafting. That part has for the medical, psychological, and social been gratifying. work information that we had available In 1990 I wrote a book with an for them. On the other hand, the non- interdisciplinary group of graduate law community was similarly starved and students. Advocating for the Child in receptive for information and guidance Protection Proceedings was picked up by as to the law and legal procedures. Both a group doing a national study of child camps wanted interdisciplinary proce- representation mandated by Congress dures that could lead to better outcomes and that book became the framework for for children and their families. the study. Our view of the dimensions When the University of Michigan of child representation became part of launched the Child Advocacy Law Clinic the national conversation and influenced in 1976, the first child advocacy clinic many of the model acts and state laws in the nation specializing in child abuse since developed. That part too has been and neglect, there were about 340,000 gratifying, but there is so much more to children in foster care. These children be done. stayed in the system too long and lived Courts are now heavily involved in in far too many different placements. these cases, and lawyers now represent Courts and lawyers played a very limited the child, parents, and child welfare role in these cases. Parents had no agencies. There are as many as 50,000 right to counsel, child welfare agencies lawyers involved in child welfare law in generally did not have legal representa- the United States. An idea that started tion, and the children themselves were here was to certify lawyers as specialists not generally represented. The laws in child welfare law. We partnered with governing children in foster care were the National Association of Counsel rudimentary. for Children, received a sizeable grant What were my expectations at the from the U.S. Children’s Bureau, and beginning? I think I had only an intuitive launched a project to implement lawyer sense that child maltreatment is a certification in child welfare. The ABA problem that could not be addressed by approved the specialty and just last any single discipline and that an interdis- May we certified the first group of ciplinary approach to academic inquiry, lawyers as Child Welfare Law Specialists professional education, and practice from Michigan, New Mexico, and would bear positive results for children. California. National groups of judges Q: As you look back over CALC’s 30 years, (National Council of Family and Juvenile what accomplishments do you see? And Court Judges) and lawyers (National what remains to be achieved? Association of Counsel for Children, the A: Thirty years later, the system is vastly ABA Center on Children and the Law) different. States have developed sophis- have provided important leadership in ticated child welfare laws, including a this field. There has been a dramatic significant body of appellate law. Over increase in the sophistication of national the years CALC has been involved groups addressing the problems of child 8 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

maltreatment and children facing foster students come to the UMLS for training A: We’ve become more sophisticated care. and inspiration before spending the about these cases and many people are One of the accomplishments of the summer in child welfare law practices taking a more complex look at these CALC of which I am proudest is how well that we have approved Upwards of 85 cases. In the early days many were it works as a clinical legal education expe- percent of Bergstrom fellows continue motivated by “child saver” notions that rience for law students. When we started to do child and family law. now appear naïve. That is, the thinking there were more than a few skeptics who So, the good news is that the status often was, what we need to do is get worried that this program in “kiddie law” and sophistication of children’s law has poor, abused, and neglected children could not possibly be an experience for certainly increased over the last 30 years, away from their evil parents.While “real lawyers.” But our structure of having but has this benefited children? The that rescue attitude applies from time students represent children, the county condition of children in America is not to time, in most cases it is way more agency, and parents, in different Michigan better, and by some measures is worse, complicated than that. Thankfully more counties with interdisciplinary training than it was 30 years ago. In 2006 there lawyers, judges, and social workers and close faculty supervision, has turned were about 525,000 children in the realize that now. People are thinking, out to be a terrific way to grow lawyers. U.S. foster care system. Approximately how can we remove the danger and not A great deal is at stake in child abuse and 800,000 American children experience the child? Foster care is not a good long- termination of parental rights cases. The foster care each year. These children term solution for kids. They need safety cases are difficult enough to challenge continue to stay too long and have too and stability. Lawyers and judges need to students (and faculty) yet small enough many placements. take a long look from the very beginning that the students can take the major Q: What is so special about this partic- of a case. responsibility for the case. Acting in three ular group of clients? So, children’s different roles helps the student attorney A: I know it’s a cliché, but children interests in these develop that all-important lawyer skill of really are our future. You can be cases are better analytical objectivity. This has turned out passionate about this field out of compas- understood. They to be a great experience for law students sion for innocent children who deserve have an interest in looking to develop the traditional lawyer a fair chance in life. But you can also be being protected from skills from interviewing, investigation, committed to justice for children for abusive or neglectful parents, but they ethics, interdisciplinary collaboration, hard-headed reasons of global competi- also have an interest in preserving the and trial practice. The knowledge and tion and maintaining a vibrant and strong relationship with the parents in most skills gained are generalizable to most economy and society. Out of compassion cases. More and more people are recog- other areas of law practice, yet we also or out of self-interest, the result is the nizing that a child’s interest in careful encourage the altruism and public service same. decision-making may be the premier so much a part of the U-M Law School I personally am a product of the legal interest. A child’s right to careful tradition. Over the years a number of idealistic ’60s. If you want to change decision-making is one of the legal other law schools have adopted our model society for the better, you should start principles that is raised in the Church case of clinical education, and from 1995 with the children. that [Michigan Law Assistant Clinical to 1998 the W. K. Kellogg Foundation It is satisfying to have a positive Professor of Law] Vivek Sankaran, ’01, provided a grant that, among other impact on the life of one child or of brought to the U.S. Supreme Court. things, required us to disseminate our one family. But fostering well-trained (In Church, the court assumed jurisdic- model to certain states. children’s lawyers multiplies one’s tion over children based on a plea by Another development in our quest to impact wonderfully as does developing the father without a separate finding of attract and keep the best and brightest systemic reforms in how cases are unfitness against our client, the mother. U.S. lawyers in children’s law is the handled. Certiori was eventually denied.) Bergstrom Summer Fellowship in Child Q: Do children have different legal needs The cause of justice for children Welfare Law. For 13 years we have today than they did when CALC began? transcends what happens in courts. recruited and selected law students from Do lawyers who work on their behalf Nearly 20 percent of American children have different needs? around the United States to participate in still live in poverty. That is a national the Bergstrom Fellowship. Thirty of these LQN SPRING 2007 9 CHILD ADVOCACY: ‘Kiddie law’ is growing up

disgrace. If parents had more resources A: This area of the law remains very There is a huge debate in the field to cope with the inevitable stresses of dynamic. There are unexplored issues about whether a lawyer should represent life, fewer children would end up in the everywhere. Constitutional issues are a child’s best interests or the stated court system. Sixty percent of reports developing and will continue to. That wishes of the child. The so-called “client of suspected child abuse and neglect are makes it exciting. It also means that directed” approach will not work for the for neglect. A recent report to Congress child advocacy clinics such as ours will youngest children and will eventually found that child poverty costs our U.S. have plenty of interesting issues with be abandoned, but the client directed economy $500 billion per year. which to grapple, while at the same time approach will be expanded at the older Lawyers who work for children providing good service to individual ages so the stated wishes of children as do have different needs. They need an children and parents. Child advocacy young as 10 or even 7 will be aggres- interdisciplinary training and a law is an excellent setting for seeing the sively advocated by lawyers. Children practice that has access to other disci- human side of law and lawyering. Legal at those ages can have important views plines such as social work, psychology, education should have experiences for about what is best for them that should and education. They need support, law students generally in which they be fully heard by the court. both emotionally and professionally. see the power and responsibility of the We will see more decision-making Lawyers need to be connected to legal law and are challenged to develop the in 30 years that is not adversarial and and social science resources. We see most sophisticated legal skills. For law that takes place outside the traditional many statewide or national listserves students looking to pursue a career courtroom. Non-adversarial case in which case issues and personal issues in child welfare, we always encourage resolution will become more and are discussed and solutions shared. We them to be not only “soft-hearted” but more common, including family group need more of that. Lawyers still need also “hard-headed”. That is, be the best conferencing and mediation. assurance that there are few areas of the lawyer you can be. Q: Many former CALC students have law more important than what they are Q: What kinds of changes do you foresee pursued careers in child welfare, others do doing. They also need to be paid better. for the next 30 years? pro bono work in the field, and, no matter A: We must support families better. To what their current work, graduates consis- Q: You, CALC, and other advocates for tently refer to CALC as a high point of their children have been instrumental in protect children, support families, that legal education. Do you find it rewarding forming a network of lawyers (more than would be my slogan. We must empower that CALC has played such a significant role 50,000 today) involved in child welfare families to take better care of their own. in so many graduates’ lives? work and establishing ABA certification of Child Welfare Law as a legal specialty. The state is a lousy parent, despite its A: Yes, it is rewarding to hear from Yet today there are more children in best efforts. The Detroit Center for students who have become leaders foster care than when you launched Family Advocacy is a model that will take in the child welfare law field or who CALC in 1976. What is the lesson of this off, giving parents apparent contradiction? and extended families A: Law cannot solve every social some legal and social Child Advocacy Law Clinic alumni and current and former problem. Courts are overloaded with CALC faculty in a group photo at the 30th anniversary celebra- work assistance tion and conference. cases and problems that courts are not so they can better well-suited to addressing. This is an provide for their interdisciplinary problem when a specific children without case is identified. From a systemic involvement of this perspective, child maltreatment is a cumbersome child broad social problem where societal welfare system. I neglect of families is as much at fault as think courts will get are individual parents. away from merely Q: So there still is a great deal to accom- “processing” cases. plish and change in the field of child advocacy and child welfare law. What This is unfortunate does this continuing need bode for legal where it happens, education and legal practice? but it happens now way too much. 10 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

continue to work day after day on behalf Michigan. And this outpouring is just of children and their families. Some very the tip of the iceberg of former CALC influential national leaders in child law students involved in the field. have come through our CALC: Chris However, I would estimate that only Wu, ’84, of the California Administrative perhaps 10 percent of our 800 or so Office of the Courts and now chair of alums are doing child and family law the National Association of Counsel for careers. The vast majority of the CALC Children’s Board of Directors; Scott alums are doing traditional practices Hollander, ’90, the executive director of or not practicing law at all. But they KidsVoice in Pittsburgh, with a terrific remember their CALC experience very model of interdisciplinary legal repre- positively. Remember our place in the sentation of children; James Marsh, ’90, law school curriculum. We do not set founder of the Children’s Law Center out to train child advocate lawyers. We of Washington, D.C., another national set out to train the best lawyers in model of child representation. (Coinci- America—smart, well-prepared, and dentally, that office is now directed by ready to do sophisticated, productive Judith Sandalow, whose father, U-M Law work. Every semester I tell the incoming Professor Emeritus Terry Sandalow, was students that our goal is no less than to dean during the critical formative years give them the best clinical law experi- of CALC.) Our students are present in ence available anywhere in America. We law schools, too: David Herring, ’85, a mean that and try to hit that high goal. former student and then faculty member The CALC experience exposes these at CALC who left Michigan Law to start amazing people to an interesting and a child advocacy clinic at University of compelling area of the law and they Pittsburgh School of Law, ended up as often stay committed, even if they do dean of Pitt Law for nearly 10 years, and not practice in the area. That is one of continues to be an important scholar the reasons our alums tend also to be in the area; Melissa Breger, ’94, is a involved in children’s issues either doing clinical professor at Albany Law School pro bono legal work, committee work, in a domestic violence clinic; one of the or as financial supporters. most prominent family law scholars, Consistent with the role of UMLS with a popular casebook on children to public service, we actively consider and the law, is Sarah Ramsey of Syracuse it part of our mission to identify and University, who received an LL.M at encourage altruism and the public Michigan in 1982 and worked very interest ethic. We are hard-headed prag- closely with CALC in some ground- matists about this work. We are hopeful breaking research. I could go on: Kristin and confident without being Pollyannas. Kimmel, ’96, at Lawyers for Children Whether the motive is compassion or in New York; Beth Locker, ’03, at the enlightened self-interest, child welfare Georgia Supreme Court’s administrative and child advocacy make sense. office, doing children’s work. We also have many family and juvenile court To view a video about the Child Advocacy Law judges among our graduates, including Clinic, go to the Web site: www.law.umich. Court of Appeals judge Maurice edu/centersandprograms/clinical/calc/ Portley, ’78, in Arizona, and Patricia index.htm Gardner, ’83, [Kent County] and Carol Garagiola, ’80, [Livingston County] from

LQN SPRING 2007 11 The law is the portal to an endlessly stimulating conversation.

FALL 2006 CONFERENCES

SEPTEMBER 29, 2006 SEPTEMBER 29 - 30, 2006

The Great Lakes: Patents and Diversity in Innovation Reflecting the Landscape Articles associated with this conference appear in the of Environmental Law Spring 2007 issue of the Michigan Telecommunications and Technology Law Review (13.2). Articles from the conference will appear in the Summer 2007 issue of Michigan Journal of Law SPONSOR Reform (40.4). Principal funding provided by a grant from the Park Foundation. U-M Law School, University of Michigan School of Information, SPONSOR University of Michigan Office of the Provost, Michigan Environmental Law Society, U-M Law School Telecommunications and Technology Review PANEL DISCUSSIONS SESSIONS • Federalism and the Great lakes • The New Political Economics of Patent Policy: • The Great Lakes and the Public Trust Doctrine Pressures on a Unitary System • Industry Differences MID-DAY KEYNOTE • Cost-Benefit Analysis Across Industries Peter Annin, author of Great Lakes Water Wars • Dimensions of Economic Analysis PANEL DISCUSSIONS • Boundary Costs, Information Costs, and Transaction Costs • International Law and the Great Lakes • Industry-Driven Policy and the TRIPS Framework • Great Lakes Policy Panel Discussion • Costs of Uniformity and Differentiation EVENING KEYNOTE • Institutional Competence, Capacity, and Design 1 Dennis Schornack, chairman, U.S. Section of the International • Institutional Competence, Capacity, and Design II Joint Commission on the Great Lakes

Peter Boyle of the International Joint Commission on the Great Lakes and Jennifer Day of U-M’s School of Natural Resources and Michigan Law Professor Rebecca Eisenberg, co-organizer of the conference Environment listen to the proceedings. Patents and Diversity in Innovation, addresses participants.

12 LQN SPRING 2007 THETHE BREADTHBREADTH ANDAND REACHREACH OFOF THETHE LAWLAW

NOVEMBER 3 - 5, 2006 NOVEMBER 9 - 10, 2006

Inaugural INTR Conference: The Louis and Myrtle Moskowitz Taxation and Development Conference on the Impact of Sarbanes-Oxley (SOX) on Articles from the conference will appear in a future issue of the Michigan Journal of International Law. Doing Business

SPONSOR Articles from this conference appear in 105.8 International Network for Tax Research Michigan Law Review, available June 2007 Hosted by U-M Law School SPONSORS SESSIONS U-M Law School; Michigan Law Review ; Stephen M. Ross • Linkage Between Tax and Development, School of Business at the University of Michigan Overview Issues PANEL DISCUSSIONS • General Tax Policy Design: Case Studies • Whistleblowers and Gatekeepers • Tax Policy Design: Selected Issues for Developing Countries • SOX and the Markets • International Organizations and the Shaping of • Internal Controls, Accounting Changes and Stock Options Developing Country Tax Systems MID-DAY KEYNOTE • The Impact of Tax Treaties on Developing Countries Simon Lorne, vice chairman and chief legal officer, • Tax Competition and Developing Countries Millenium Partners LLP • Taxation and Foreign Investment PANEL DISCUSSIONS • Implementing Policy Design in the Real World • Non-Profits and Ethics • View from Practice

Professors Douglas Kahn and Reuven Avi-Yonah of Michigan Law, and, at right, Yoran Margaliyoth of Tel Aviv University listen as Christopher Heady addresses the conference. Heady is with the Organization for Economic Cooperation and Development’s U-M Ross School of Business Professor David Hess Center for Tax Policy and Administration. ponders a question from the audience.

LQN SPRING 2007 13 LISTENING IN: State intelligence gathering and international law

FEBRUARY 9 - 10, 2007

State Intelligence Gathering and International Law

Articles from the conference will appear in a future issue of the Michigan Journal of International Law

SPONSORS Michigan Journal of International Law ; U-M Law School; U-M International Institute; Cleary Gottlieb Steen & Hamilton LLP; U-M Gerald R. Ford School of Public Policy; U-M College of Literature, Science, and the Arts; U-M Office of the President; U-M Office of the Provost; U-M Department of Political Science; U-M Korean Studies Program; American Constitution Society; LexisNexis KEYNOTE ADDRESS Jeffrey H. Smith, ’71, partner in Arnold & Porter, Washington, D.C., and former General Counsel of the Central Intelligence Agency PANEL DISCUSSION • The desirability, feasibility, and methodology of applying international law to intelligence activities SPECIAL PRESENTATION What’s international law got to do with it? Good process, good lawyers, transnational law and better intelligence, by the Hon. James Baker of the U. S. Court of Appeals for the Armed Forces

PANEL DISCUSSIONS • Intelligence gathering and human rights • Intelligence cooperation, state responsibility, and international criminal law

1414 LQNLQN SPRINGSPRING 20072007 THE BREADTH AND REACH OF THE LAW

A matter of integrity

by Jeffrey H. Smith

The following essay is based on the keynote talk delivered on February 9 by former CIA General Counsel Jeffrey H. Smith, ’71 (left), at the Law School conference State Intelligence Gathering and International Law. Smith is a partner at Arnold & Porter in Washington, D.C.

Most lawyers would likely scoff at activities violate international law. accepted practice of states that, although the notion that espionage activities That international law acknowl- not specifically authorized by the Vienna are constrained in any meaningful way edges the collection of intelligence by Convention, one could hardly argue that by international law. Indeed, most clandestine means, at least as viewed such activity violated the Convention, probably believe that international law’s by the United States, is also to be seen since everybody was doing it. only influence on espionage is that in by Congress’s reaction to the Supreme So if espionage activities are wartime, spies caught behind the lines Court’s decision in the Keith case in consistent with, or at least tolerated out of uniform can be shot. Hardly a 1972 holding that warrantless electronic by, international law, what activities sophisticated, or to intelligence services, surveillance in the United States for are prohibited? The first that comes comforting notion. domestic intelligence purposes was to mind is covert action, which is the But I believe there is a great deal of unconstitutional. That case (which, secret action by one state to influence interaction between international law by the way, originated in Ann Arbor) the conduct of another state. One of and intelligence activities. To begin, led Congress to enact the Foreign the fundamental tenets of international virtually every state has an intelligence Intelligence Surveillance Act (FISA) that law is, of course, that one state may service that seeks to collect information requires a warrant before the govern- not intervene in the internal affairs of on potential adversaries. These collec- ment may engage in electronic surveil- another state. It may be a fundamental tion activities frequently violate the lance to collect foreign intelligence principle, but it is also fairly tattered. municipal, or domestic, law of other in the United States—or at least we States seek to influence each other states. However, because espionage is thought a warrant was required before daily. Sometimes it’s done by economic such a fixture in international affairs, it learning of the President’s Terrorist sanctions or by international political is fair to say that the practice of states Surveillance Program. pressure. Most of that activity is clearly recognizes espionage as a legitimate But in considering FISA in 1978, legal, although the state that is the target function of the state and therefore legal Congress was worried that directing of the efforts almost always says it isn’t. as a matter of customary international electronic surveillance at foreign But it is difficult to argue, absent some law. diplomatic establishments in the extraordinary circumstances, that covert Evidence of that is that when intel- United States would violate the Vienna paramilitary effort to overthrow another ligence officers are accused of operation Convention on Diplomatic Relations and government is consistent with interna- under diplomatic cover in an embassy, the inviolability of diplomatic missions. tional law. they are nearly always declared persona In response, the executive branch I should add at this point that the non grata (PNG) and sent home. In exer- prepared a list of states that had targeted overwhelming number of covert actions cising the right to PNG a diplomat, the U.S. diplomatic installations overseas carried out by the United States in the receiving state typically says that their either with electronic surveillance or last few decades have not been designed activities were inconsistent with diplo- physical intrusion. As you might imagine, to overthrow another state. Far more matic activities; I can recall no instance that list was very long. But it satisfied typically, they provide very necessary but in which a receiving state has said these Congress that this was such a widely secret support to an existing government

LQN SPRING 2007 15 LISTENING IN: A matter of integrity

such requirement governs the use of are increasingly vital to the conduct of our military forces. The War Powers military, intelligence, and diplomatic Resolution of 1973, which requires the activities. As you know, international president to notify Congress when he law is not very well developed with deploys forces and provides that they are respect to activities in space or in the to be withdrawn within 60 days unless cyberworld. A host of questions are Congress authorizes otherwise, has presented, including what law governs become toothless. Although Congress outer space and cyberspace; who has authorized the Gulf War in 1990 and jurisdiction; and which U.S. agencies the invasion of Iraq in 2003, no congres- are authorized to do what. The recent sional authority or advance notice is Chinese demonstration of their ability to Jeffrey H. Smith, ’71, delivers his keynote necessary in order for the president to use a ground-based system to destroy a address. move military forces around the globe low earth orbit satellite raises a number or to engage in very aggressive military of very difficult legal, political, technical, by, for example, specialized training in activities. These activities, which can and strategic issues. counter-terrorism or counter-narcotics. carry greater risks of deeper U.S. Do traditional international legal However, this does not prevent many involvement than covert actions, are principles apply to activities in the from around the world from believing often characterized as “preparation of cyberworld and in space? These are that the CIA has a hand in everything the battlefield.” This activity—think not easy questions to answer, and they from mad cow disease to global of the president’s desire to mobilize a become even more difficult when one warming. I can assure you it has no role carrier group in the Gulf as compared factors in intelligence activities. Are in either. to sending a copy machine overseas—is existing laws adequate or are new laws, As I mentioned, American law typically carried out in close collabo- based on old principles, needed? requires that before the president can ration with the U.S. intelligence The relationship between intel- engage in covert activity he must make community. Executive branch lawyers ligence and international law is also a written “finding” that the activity is and members of Congress often develop raised by President Bush’s new strategy, important to the national security and headaches in trying to decide whether a commonly known as the Pre-emption that finding must be reported in advance particular activity falls under Title 10 of Doctrine. That doctrine holds, as I’m to the congressional oversight commit- the United States Code, which is the part sure you know, that the United States tees. Such a finding is required whether of the code governing military activi- may engage in unilateral military activity it is merely secret assistance to a friendly ties—and hence no presidential finding against another state or political group government by U.S. intelligence and no notice to Congress—or whether without waiting to respond to an armed agencies or whether it is a full-scale it’s carried out under Title 50, which attack—for example, to prevent a state effort to effect “regime change,” to use a governs the intelligence community and from acquiring nuclear weapons. The term currently in vogue. does require a presidential finding and doctrine, in my view, raises very serious It is a curiosity of our legal history notice to Congress. You can imagine that questions under international law. To be that findings the inclination of the executive branch sure, there is a right of self-defense. And and notice is always to conclude that a proposed the United States has long argued—very to Congress action is a military activity that requires quietly—that it may be necessary in are required no finding and no notice to Congress. some rare circumstances to “shoot first.” even in the This dichotomy between Title 10 and For example, we never have renounced most minor of Title 50 presents even more difficult the first use of nuclear weapons. covert actions, problems when it comes to activities However, the President’s doctrine whereas no in the cyberworld and in space, which goes much further than previous U.S.

16 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

positions on self-defense and is premised on the idea that, in the wake of 9/11, there is a new world requiring new rules. I am not so sure of that. But I am certain that any pre-emptive action would be valid only to the extent that the intelligence information justifying a strike was overwhelming and indisputable. Such certainty in the intel- ligence business is very rare—as we have tragically seen in the case of Iraq. Issues similar to those raised by intelligence activities in space and the cyber world, namely—are existing laws adequate?—are raised by the attacks of 9/11. The President was correct, in my view, to regard many existing laws, both domestic and international, as Conference participants share views. outdated when it came to responding to the terrorist attacks. The President was wrong, however, to therefore conclude international law by attacking us could hijacked the process. He said: that he could act on his own without be brought to justice, as we did in the “Bearing an abstract hostility to asking Congress to amend the law or, case of the Balkans and Rwanda. How international law, developed in the in the case of international law, without much better would it be if the detainees sheltered environment of academic consulting our allies and seeking to in Guantanamo were held under some journals, and equally unfamiliar and develop a consensus on modernizing the sort of international agreement of the unconcerned with our broader policy laws of war. coalition partners, rather than unilater- interests in promoting respect for the For example, then-White House ally by the United States. rule of law among states as well as Counsel Alberto Gonzales famously In creating a new and previously within them, these lawyers proposed characterized the Geneva Conventions unknown category of enemy combat- to create a regime in which detainees as “quaint” and therefore we were free ants, the President acted outside the were deprived of all legal rights and to ignore them. Would it have not been scope of international law and has the conditions of their treatment were much better to have begun immediate caused enormous harm to the United a matter of unreviewable executive discussions with your allies about how States. As has been widely reported, he discretion. Why lawyers, of all people, the Conventions should be updated? That ignored the advice of military officers should want to establish the point that would not, in my view, have prevented and JAG officers and career lawyers such a lawless regime could legally the United States from seizing Taliban at the Department of State who had exist, even as a theoretical matter, much and Al Qaeda fighters in Afghanistan and been guardians of the United States’ less recommend that one actually be even imprisoning them while awaiting leadership in Geneva Conventions since created, is, I confess, beyond me, and trial or, if they had committed no World War II. William Taft IV, the legal in itself it is a sad commentary on the criminal acts, from detaining them as adviser to the Department of State under extent to which sophistry has penetrated prisoners of war. We should also have Secretary Colin Powell, speaking last what used to be widely regarded as an sought to amend the statute of the court spring at the Yale Law School, described honorable and learned profession.” in The Hague so that those who violated how ideologically-driven lawyers had Tough stuff from the great-grandson

LQN SPRING 2007 17 LISTENING IN: A matter of integrity

of the only man to serve both as less good information than the CIA? not only will a proposed action violate president and chief justice of the United And finally, why should the CIA be asked international law, but that if we do it, the States Supreme Court. to undertake risky behavior without consequences will ultimately make us The President also acted in violation knowing whether, when the political weaker, not stronger; that the short term of U.S. law, as the Supreme Court winds shift in Washington, they will once gain will be outweighed by the long has now said. Indeed, the courts and again be left out on a limb? term harm. Why? Because the United Congress are beginning to roll back Congress should investigate this, [and] States cannot act alone. We need help to some of the President’s asserted hold hearings on what is effective inter- solve virtually every international legal authority. For example, last October rogation. I also believe that Congress problem we face. Other governments— Congress passed the Detainee Treatment should examine the matter of renditions, and their people—care about interna- Act, which set up procedures to try that is, the practice of moving individuals tional law. They care about maintaining some of the detainees in Guantanamo, from one state to another to stand the United Nations. They care about the to afford very limited rights for other trial, be interrogated, or be imprisoned Geneva Conventions. They care about detainees to challenge their detention, without going through the formal extra- playing by the rules. They understand and under intense pressure from the dition process. In my opinion, renditions that these rules, developed over many White House, created two standards can be valuable tools for law enforce- years, protect us all. And when the for the treatment of detainees. The ment and intelligence, and the United United States flaunts these rules, as many first standard is for the military and States has done many in the years before nations believe we have, it makes it far it will be governed by the Army Field 9/11, [for example] getting Carlos the more difficult for them to cooperate Manual, which has long been the official Terrorist out of Sudan to Paris, where with us on other challenges we face. U.S. interpretation of the Geneva he stood trial. But they should be used There also are times the United States Conventions. The second is a set of only in rare circumstances and when seeks to invoke international law—and standards to be drafted by the President, certain criteria have been met. Surely, we can’t flaunt it on Monday and invoke in an executive order that has not yet no state should ever send an individual it on Tuesday. been issued, that would apply to the to another state knowing that he will be As I said at the outset of my remarks, CIA. tortured or without adequate assurances there is one issue that runs consistently I am deeply troubled by that. I do not that basic human rights and due process through all of these issues—and that is believe there should be two standards will be respected—a commitment we’ve integrity. It may seem odd to say that for the U.S. treatment of detainees. already undertaken by becoming a party integrity is as essential to the intelligence Two standards create confusion in the to the Convention Against Torture. The process as it is to the legal process. But I field and confusion was clearly a major recent investigations by Germany and believe it to be true. contributing factor to the abuses of Italy of renditions carried out by indi- The fundamental role of intelligence Abu Ghraib. Moreover, if the President viduals alleged to be CIA officers points in the formulation and execution of truly believes the CIA needs to be out the critical need to agree upon policy is to establish “ground truth” and more aggressive in order to elicit vital appropriate legal bases for renditions. to speak truth to power. Said another information for our national security, Why does all this matter? As lawyers, way, it is to maintain the integrity of shouldn’t the we instinctively say, “Because it’s the law.” the process. By that I mean the job of military also be But one cannot merely say to cabinet intelligence officers is to provide the able to use those officers or the president, “You can’t do facts to the policy makers so that they same tech- that because it will violate international understand the consequences of different niques? Does the law,” and expect them to immediately courses of action. Intelligence officers, President believe scuttle whatever wild misadventure who live in a world of deception and that the military they were considering. The challenge denial and secrecy, must be scrupulous is entitled to is to persuade political leaders that in reporting the facts, as they understand

18 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

them, to the policy makers. The Director no other profession that uses dishonest of National Intelligence must have the behavior to achieve honest results. And courage to say, “Mr. (or perhaps Madam) that puts special burden on the integrity President, your policy is failing.” and quality of people in the intelligence As you know, under our system community, including their lawyers, to there is supposed to be a bright line ensure that the game stays honest. between those who provide intelligence If one sets aside the secrecy, and those who make policy—rather deception, and false beards, lawyers like the separation of church and state. have much the same responsibility in our Unfortunately, that separation has not broader society. We have an obligation, as always been sufficiently maintained and officers of the court, to ensure that the every time it has been breached, we have law is enforced, that the system works. paid a heavy price. We often have to tell our clients things The most recent example is the they don’t want to hear—to speak truth failure with respect to weapons of mass to power. And getting the headstrong destruction prior to the invasion of CEO of a company not to do something Iraq. Whether that was a result of poor that may be illegal can sometimes be just trade craft on the part of the analysts as challenging as getting a cabinet officer or political pressure from the White not to violate international law. Trust me House is debatable. My own view is that on that one. it’s some of each. But at its base, it is a In a democracy, it is the law that failure of integrity. ensures the playing field is level, the In the intelligence business, secrecy rights of minorities are protected, and is critical. We use deception to protect elections are fair. In other words, the our most vital secrets and we employ law ensures the integrity of the process. deception to acquire—George Tenet was And lawyers and judges have a special fond of saying “steal”—the vital secrets responsibility to make the system work. of others. But intelligence officers live in If our integrity fails, the system fails. If a world of secrecy and it is often, as the the system fails, our country fails. novelist says, a world of mirrors where the truth is hard to find. Secrecy is seductive and it can be corrosive. It tempts those who operate in the secret world to cover up wrong- doing or to believe that things done in secret are more important than things done in the open. The recent film The Good Shepherd deals as well with the corrosive effect of long term secrecy as anything I have seen. The challenge is to use deception and secrecy but assure that the end result is honest, that is, that the integrity of the process is maintained. I know of

LQN SPRING 2007 19 LISTENING IN: A matter of balance

A matter of balance by Alexander Joel

The following essay is based on remarks delivered at the Law School February 10 as a member of the panel discussing “Intelligence Gathering and Human Rights,” part of the symposium State Intelligence Gathering and International Law. The author (left), a 1987 graduate of the Law School, is the civil liberties protection officer for the director of National Intelligence (DNI), filling a position created by the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004, which also created the DNI. According to the author: “Congress enacted the IRTPA because it felt that reform of the intelligence community was needed in order to prevent another 9/11, and created the DNI to lead the 16 agencies of the intelligence community. It created the author’s position to ensure that as we strengthened our intelligence capabilities, we remained protective of privacy and civil liberties.”

I’d like to get right to the point and discuss the so- called domestic wiretapping case that many of you are quite familiar with. In that case, the plaintiffs claimed that the government had instituted a system of secret surveillance that may have intercepted their commu- nications without court order or judicial review. The government defended the program on the grounds that it was necessary for national security, and that appli- cable legal principles did not require a court order, or even informing the plaintiffs whether they had been surveilled. The government argued the program’s protections were legally sufficient: There had to be specific factual indications for suspecting the target; only the individual suspect and his contacts could be targeted; the surveillance had to be approved by senior officials; it was for limited—albeit renewable— durations; and it was subject to close oversight. You know the outcome. The court upheld the surveillance, and dismissed the complaint. I am referring, of course, to the case of Klass and Others v. Germany, before the European Court of Human Rights, decided September 6, 1978. The court examined whether Germany’s secret surveillance program was consistent with Article 8 of the European Code of Human Rights—the privacy right—which provides that there shall be no interference by a public authority with the exercise of the right to privacy except in

20 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

accordance with the law and to the even decades.” This need for secrecy to guard against abuse and misuse of extent necessary in a democratic society creates a fundamental problem, one that information and authority. in the interests of national security. It I face every day. How do you provide vFourth, and of greatest interest to found that secret, warrantless domestic necessary transparency while also me, the court founded its decision wiretapping was not a violation of the keeping secrets? As recognized by Klass, on the principle of “balance.” This is a right to privacy, provided that there one way of doing this is creating what I principle that one finds embedded in were “adequate and equivalent guaran- call agents of transparency—internal and the U.S. Constitution, the preamble of tees safeguarding the individual’s rights.” external overseers who have the security which states that we are establishing For obvious reasons, I find this to be clearances to see what the intelligence and ordaining this Constitution to both a fascinating case. While it’s important agencies are doing. provide for the common defense and to remain mindful of the oft-repeated vThird, the court found that the mere secure the blessings of liberty. The Klass admonition of the European Commission possibility of abuse was not enough by court cited a similar formulation in on Human Rights, that “reference to itself to invalidate a system of secret the preamble to the Convention, and other systems [is of] limited relevance,” surveillance. It is, of course, vitally stated that “this means that a balance Klass and its progeny do lay out several important that we do what we can to must be sought between the exercise by key points that should resonate when guard against rogue, illegal, or inap- the individual of the right [to privacy] considering how the United States propriate actions on the part of our and the necessity . . . to impose secret protects privacy in the conduct of secret intelligence officials and agencies. But surveillance for the protection of the intelligence activities. Of course, this the possibility that such action may occur democratic society as a whole.” case is not binding on the United States, should not by itself shut down otherwise I’d like to pursue this concept of and by discussing it, I am by no means important intelligence activities. Instead, balance. When we talk of safety and suggesting that it establishes any sort of we must, as the Klass court found, ensure freedom—security and liberty—as a legal precedent for the United States. I that we have the right safeguards in place balance, some worry this implies that if do think, however, that it is important to remember that, as illustrated by the Klass case, the challenges we face today Panelists ponder how intelligence gathering and human rights mix. From left: Human in the United States are not unique, and Rights First Washington Director Elisa C. Massimono, ’88; Duke University Law that these challenges are in some ways Professor Francesca Bignami; keynote speaker and former CIA General Counsel Jeffrey inherent to the collection of intelligence H. Smith, ’71; Civil Liberties Protection Officer Alexander Joel, ’87; and U-M Law Professor and panel moderator Daniel Halberstam. in a free and democratic society. vFirst and most obviously, it is inter- esting to note that the court said that judicial review was preferred, but not required, so long as there are “adequate and equivalent guarantees.” The Foreign Intelligence Surveillance Act, on the other hand, requires a court order for surveillance in most cases, and the surveillance previously conducted under the Terrorist Surveillance Program is now subject to FISA court orders as well. vSecond, the court recognized the need for secrecy in conducting surveillance, a need that could continue for “years,

LQN SPRING 2007 21 LISTENING IN: A matter of balance

you have more of or subpoena powers. This was to avoid security, penetrated student organiza- one, you neces- creating another secret internal security tions, surveilled the women’s libera- sarily have less of force, like the Gestapo of Nazi Germany. tion movement and the NAACP, and the other. I think The Posse Comitatus Act, enacted after otherwise gone beyond the bounds of of it this way—if the Civil War, imposes a comparable what we as Americans were willing to we add more to restraint on our military. FISA estab- tolerate from our intelligence services. the security side lishes a system of judicial orders for These sorts of abuses were not unique of the scale, we electronic surveillance and physical to the American experience—other have to do things differently on the other searches for foreign intelligence. The countries went through similar periods side to safeguard our liberties, to keep Privacy Act imposes the fair information of investigation and regulation. the scale balanced. practices principles on the informa- Following these investigations, new I have an inside perspective on how tion collected and retained by the U.S. rules were established and codified we’re maintaining that balance. We rely government—these principles were first restricting what intelligence agencies on what I call the civil liberties protec- articulated and enacted into law in the could do inside the United States and tion infrastructure. It is founded on our United States, and are now reflected in with respect to United States persons Constitution, which establishes a system laws around the world. And there are a anywhere in the world. Their current of checks and balances. I am a product of panoply of laws governing specific types incarnation is Executive Order 12333, this system—my position is established of data and specific activities. issued by President Reagan in 1981. by statute, yet I am a career civil servant Like the intelligence agencies of every Under EO 12333, intelligence agencies working within the executive branch. country, our agencies have their own are further constrained by guidelines I meet periodically with congressional particular history. In the 1970’s, after established by the head of the agency staff to discuss a variety of issues, Watergate, two congressional commit- and the Attorney General. These rules ranging from electronic surveillance to tees (Church and Pike) conducted are interpreted and applied by agency data mining, and expect many, many in-depth investigations of alleged abuses Offices of General Counsel, and audited more such meetings in the coming by our intelligence agencies. They had and enforced by agency Offices of months—and I welcome them. spied on Americans for reasons that Inspector General. Also in the Constitution is the Bill were only remotely related to national Just as important, following those of Rights, not the least of which is the Fourth Amendment’s protections against unreasonable searches and seizures. The Fourth Amendment has generated an Duke University Law Professor Francesca Bignami addresses the conference. enormous body of case law, much of which is applicable by analogy to our intelligence activities. We are, of course, bound and constrained by the Fourth Amendment. In this system of separated powers, Congress has enacted various statutes to regulate how the executive carries out its activities. The National Security Act of 1947 established the Department of Defense and the Central Intelligence Agency. It contains the so-called “law enforcement proviso,” which states that the CIA shall have no internal security functions or law enforcement

22 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

hearings both the Senate and the House tions, under a Constitution that has established intelligence oversight stood the test of time, and implemented committees. These committees have by people sworn to support and defend secure facilities to receive and store that Constitution. It is not perfect—nor classified information, and by law are are the alternatives—and I view it as kept fully and currently informed my job to find ways to improve it. It of significant intelligence activities, is a system that is comparable in many including violations of law. These are ways to those of other countries, which not the only committees that impact the are working closely with us to protect intelligence community—the judiciary, against the global threat of terrorism. It homeland security, armed services, and is a system that, as the Klass court envi- appropriations committees also exercise sioned, enables necessary intelligence varying degrees of oversight and control activities to go forward while providing over intelligence activities. By having the “adequate and effective guarantees” of ability to hold hearings, enact legislation, individual rights. and control the power of the purse, the Congress has powerful tools at its disposal to serve as a check and balance on the conduct of intelligence activities. Since 9/11, Congress has further reinforced the civil liberties protection infrastructure. It created not only my position, but also that of the Privacy and Civil Liberties Oversight Board, which has advice and oversight respon- sibility for privacy and civil liberties issues arising out of counterterrorism activities across the federal government. There are also other privacy and civil liberties officers throughout the federal government, such as at the Department of Justice and the Department of Homeland Security. And Congress is currently considering further additions to this system of internal checks and balances. I believe we have a healthy, robust infrastructure in place that helps provide “adequate and effective guaran- tees” of individual rights. Striking that balance is not easy, and showing the public that we are main- taining that balance, even less so. But I believe in the system—in our system. It is a system of internal and external checks and balances, of rules that reflect the wisdom and experience of genera-

LQN SPRING 2007 23 The law is the portal to an endlessly stimulating conversation.

SPRING 2007 CONFERENCES

MARCH 22, 2007 MARCH 30, 2007

Populists in Action: American Indian Law Day— An afternoon symposium Preventing Exploitation: on direct democracy and Native Peoples, Medical Ethics, and initiative campaigns Institutional Research

Articles from the conference will appear in the SPONSOR Summer 2007 issue of Michigan Journal of Law Native American Law Students Association Reform (40.4). DISCUSSIONS • The Havasupai Tribe’s suit against Arizona State University SPONSORS for misuse of blood samples Michigan Lawyers Chapter and the U-M Law School Chapter of the American Constitution Society • Panel on institutional review boards

DISCUSSIONS • Progressive Politics and Ballot Initiatives • Scholars on Direct Democracy • Issue Panel and Michigan Panel

U-M Public Policy Professor Liz Gerber, left, and University of Panelists Pilar Ossorio of the University of Wisconsin Law School and California-Berkeley Professor Bruce Cain explain social science data William Freeman of Northwest Indian College, Bellingham, Washington, on voter initiatives. discuss issues of medical research related to Native American nations.

24 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

APRIL 7, 2007 MAY 16 - 18, 2007

Happy Healthy Lawyers: 15th Annual A Conference on Attorney Wellness International Judicial Conference and How to Improve It SPONSORS SPONSOR Furth Family Foundation, co-sponsored by U-M Law School State Bar of Michigan; U-M Law School; INTERNATIONAL AND FOREIGN LAW PANELS Women Lawyers Association • The Incorporation of Treaty Law and the Law of Nations KEYNOTE into Domestic Judicial Decision-making Author/attorney Scott Turow • Judicial Borrowing: International and Comparative Law as Nonbinding Tools of Domestic Legal Adjudication SESSIONS • Attorney health and happiness: COMMERCIAL LAW PANELS What is the status quo, and why? • Judicial Autonomy for Corporate, Commercial, and Trade • Self-assessment Adjudication • Breakout sessions • Special Courts or Functions in Complex Corporate and Commercial Adjudication—Corporate, Capital Markets, Tax, Labor/Employment and Intellectual Property GENERAL DISCUSSION

LQN SPRING 2007 25 What is happening to law and democracy?

APRIL 13 - 14, 2007


   Law and Democracy  in the Empire of Force    
HOST U-M Law School SESSION 1 • Democracy and Prophecy: A Study in Politics, Rhetoric, and Religion • Some Chords of Freedom • The Resilience of Law

SESSION 2
     • The Age of Accusation   ! "# • Abolishing the Criminal Law: $%  $ The UK “Anti-Social Behavior Order” • Privacy’s End SESSION 3 • Justice Jackson’s Republic and Ours: What the Steel Seizure Cases Mean Today • Law, Economics, and Torture • An Oresteia for Argentina: Between Fraternity and the Rule of Law SESSION 4 • Ennobling Politics • “If We Differ Over a Moral Question, Call Me Wrong, but Don’t Call Me a Relativist” • Law as a Tool: The Consequences for American Government

26 LQNLQN SPRINGSPRING 20072007 THE BREADTH AND REACH OF THE LAW

Law and Democracy in the Empire of Force An interview with conference co-organizer James Boyd White

Michigan Law Professor James Boyd White (left) and H. Jefferson Powell of Duke University Law School co-organized the conference Law and Democracy in the Empire of Force, held at the University of Michigan Law School April 13-14. Here White discusses reasons for organizing the conference and insights he hopes may be realized through the discussions that take place.

Q: This conference seems to reflect the up everywhere: in law teaching, judicial which we see these changes happening concept that the consideration, practice, opinions, the nature of law practice, if I just give you the list of topics about and study of law can lead its followers international relations, legal scholarship, which we suggested the speakers might into nearly every conceivable aspect of our society, past, present, and perhaps congressional deliberations, and so on. In wish to think: human rights, interna- most significantly here, future. Is this each of these fields we each keep feeling tional law, law and what is happening here? that our expectations are perpetually economics, the A: Of course it is true that law does thwarted or upset, and not always in a Supreme Court, not stand alone as an isolated cultural good way. teaching law, the phenomenon, but is deeply connected The idea of the conference is to practice of law, the both to the process of politics and bring together a dozen people who to culture of consum- government that produce it and to some degree share this sense to speak erism, the news virtually every aspect of the culture and frankly about some aspect of the reality media, corporate society in which it will have its meaning. they perceive, in the hopes that we can law and accounting, civil liberties, the Just think of a trial, in which any body of increase our understanding of what is uses of history, torture and “rendition,” knowledge may become relevant, from going on. Each person was asked not just government lying and propaganda, the medicine to engineering to linguistics to to write a paper of the usual kind, but to premises on which law works in the theology. Equally important, all of our pause, and ask themselves what of all the world, the way that women are thought talk about law makes deep and largely things that might be said they think most about, race, poverty, education, the unarticulated assumptions about its needs to be said. The idea is less a cultural effects of TV and the Internet, authority, which in our country rests meeting of experts than a conversation the way Congress talks about its ultimately on a faith that the law is the among thoughtful people. business, etc., etc. All of these topics product of what we call democracy. If We hope these talks will ultimately raise the question, What is happening to that faith is threatened, law is threatened appear in a book, and that in that form, law and democracy? too; but it also works the other way, that as well as in the conference itself, it may Q: Does this mean the pillars of our value when law is threatened, democracy is stimulate conversation by others on system are under siege by forces we put into question. these themes. often cannot understand, assimilate, or cope with? What led Jeff Powell and me to Q: This conference posits the idea that organize the conference was a sense not only is change often outstripping our A: Yes, and our thought is to try to we both have—which of course others ability to understand, assimilate, or cope understand these forces, in the hope that might not share—that somehow our with it, but that change is “especially” we can begin to deal with them more world is changing under our feet faster affecting “the fundamental character of directly and wisely. law and democracy.” Can you elaborate? than we can see it or understand it, espe- I want to stress here that it would A: Yes, that is the idea. It may give some cially with respect to the fundamental be far too easy just to blame the present sense of the range of dimensions in character of law and democracy. It shows administration for these things. It is

LQN SPRING 2007 27 WHAT IS HAPPENING TO LAW AND DEMOCRACY?

true that the changes we have in mind ultimately in individual acts of mind are partly the work of that administra- by which we can increase our under- tion—Guantanamo, rendition, signing standing of these forces, as they are at statements, etc.—but they are also the work in the world and in ourselves, work of far more powerful forces in our and learn how “not to respect” them, culture, present in the Clinton admin- that is to strip them of the authority istration as well for example, forces of our culture gives them, so that we may which the present administration is a re-establish proper authority, here the symptom rather than a cause. In a way authority of law and democracy. How the really important issue is not what the to do this is the central question for her, government is doing that some of us find and, as you know, it is also the center of disturbing, but what my own recent book, Living Speech. makes it possible Q: Several of the titles for conference for it to do these presentations are especially provoca- things. The question tive and thought-provoking, like “Some that interests us Chords of Freedom,” “The Resilience is not what is of Law,” “The Age of Accusation,” “Privacy’s End,” your own “Law, happening in the Economics, and Torture,” and “Justice administration, but Jackson’s Republic and Ours: What what is happening in the larger world. the Steel Seizure Cases Mean Today.” We hope this conference will offer While they appear to address different a set of perspectives that will advance topics, are they instead examples of different perspectives on the same our understanding of the multifarious problem, all illuminated by the light of law and deep-seated changes in the midst of and democracy? which we find ourselves. Perhaps think A: I do think that as the papers were of it as a dozen snapshots of a world in presented and discussed and thought change. about during the conference we Q: Citing Simone Weil’s “Empire of perceived that we were all talking about Force” phrase, as you do in the title of different aspects of much the same the conference, indicates there is hope problem, a large cultural shift that is for resisting the more dehumanizing of these changes. Is this the idea for this deeply affecting the way we think about gathering, to give voice to strategies for both law and democracy. I hope that preserving the best parts of the bedrocks one result of the conference, and of the we once called “law” and “democracy”? book to come out of it, is that we shall A: Yes, in a sense this is the whole idea. see the problem we address emerging What Simone Weil suggests in her into the light where it can be more fully wonderful sentence is that the only perceived and responded to. I do not meaningful resistance to what she calls know that this will happen; it was our the “empire of force”—by which she faith that it might happen, our hope that means not just jackbooted thugs and it will happen, that moved Jeff Powell secret police, but all the forces at work and me to organize this conference. in a culture that lead us to dehumanize each other, to trivialize human experi- ence, to disregard injustice—lies

28 LQN SPRING 2007 THE BREADTH AND REACH OF THE LAW

The law embodies the story of a nation’s development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.

Oliver Wendell Holmes Jr. The Common Law (1881)

LQN SPRING 2007 29 NEW SECTION: Campaign Report

IN DETAIL

31 Welcome

32 Nickoll meets challenge to endow professorship

33 Skestos honors his parents (and professors) with new faculty chair

34 Tauber gift to name Hutchins classroom for family

35 Degnan estate gift to honor her husband

36 Olsons add to endowment fund

36 Commitments from New York alumni will name classroom for Weil Gotshal firm

37 Recent gifts

38 Rieckers receive University award for volunteerism

38 Campaign Steering Committee

39 Dinner honors Michigan Law supporters

40 Reunion Giving

32 End paper detail from “History of English Literature,” Vol. IV, Part II by H.A. Taine, D.C.L., 1898. Part of the collection of William W. Cook’s books located in his library, Room 913 Legal Research Building.

30 LQN SPRING 2007 Welcome

I am pleased to introduce Campaign Report, a new section of Law Quadrangle Notes that will keep you informed of the progress of the Law School’s current fundraising initiative, “Building On: The Campaign for the University of Michigan Law School.” On these pages you will find news of recent gifts, as well as stories about alumni and friends who are helping to ensure the success of our campaign through their gifts. I want to take this opportunity to extend my deepest appreciation to all who have invested in Michigan Law through their support of “Building On.” As you may know, our campaign has four major goals: • Facilities support: To help the Law School build the best learning and teaching environment for a 21st century legal education. • Faculty support: To help recruit and retain world-renowned legal scholars and teachers in today’s highly competitive market for law faculty. • Student support: To provide critical resources for recruiting students THE CAMPAIGN FOR THE who belong at Michigan Law and for helping to ease their debt burden UNIVERSITY OF MICHIGAN LAW SCHOOL upon graduation. • Law School Fund: To increase annual alumni participation in this vitally important source of unrestricted funding, which gives the Law School the flexibility to respond to new initiatives and pressing challenges DECEMBER 2006 $85,970,077 64% at the time it is most needed. We have come a long way since the campaign was publicly launched on JUNE May 14, 2004, and we celebrate our successes. But, as you can see from 2006 $77,053,096 57% the illustration measuring our progress, we still have much work to do.

All gifts made through December 31, 2008, will DECEMBER be counted toward our campaign goals. 2005 $68,674,069 51% In 2009, the Law School will celebrate its sesquicentennial, marking the beginning JUNE of another 150 years of excellence in legal 2005 $63,586,452 47% education. I can think of no better way to help position Michigan for the future than through a DECEMBER 2004 $59,945,911 44% gift to an aspect of the Law School’s mission that matters to you. For more information on the JUNE campaign, visit www.law.umich.edu/campaign. 2004 $52,995,361 39%

KICK-OFF $49,486,903 37% Todd M. Baily Assistant Dean for Development and Alumni Relations

LQN SPRING 2007 31 Nickoll Meets Challenge to Endow Professorship

When President Mary Sue Coleman announced a University-wide challenge grant program last fall to encourage the creation of new endowed professorships, John F. Nickoll, ’60, of Los Angeles, was among the first to respond. “By getting outstanding professors, you can really help the Law School and the students,” says Nickoll, who, as a member of the Law School’s Campaign Steering Committee, understands the critical importance of recruitment and retention of first-rate faculty. “I think it is a very good cause, and I’d like to see the School’s rankings stay up there.” In December, Nickoll made a $1.5 million gift to endow the John F. Nickoll Professorship through the President’s Donor Challenge Fund. Under the terms of the challenge, which began October 1, 2006, the Fund provides a match of $500,000 for each of the first 20 fully endowed profes- sorships secured by gift agreements between the start date and December 31, 2007. Nickoll remembers his years at the Law School as enjoyable, and says his favorite professors were L. Hart Wright and Roy L. Steinheimer. After graduation Nickoll was admitted to the Wisconsin bar. He never practiced law but chose instead to forge a business career, starting with a job as house counsel for a Milwaukee-based financing concern. Nickoll moved to Los Angeles and in 1970 co-founded The Foothill Group Inc., a specialized financial services company engaged in asset-based commercial lending and money management services, of which he was also chairman and chief executive officer. In 1995 Foothill was acquired by Norwest and in 1998, the company became a unit of Wells Fargo & Company via the Norwest/Wells Fargo merger. When Nickoll retired last year, Wells Fargo Foothill was the nation’s largest bank-owned asset-based lender. In addition to the professorship, Nickoll has made generous gifts to the building construction fund and the Law School Fund. He served on the host committee for the Law School’s campaign kickoff in the Los Angeles area.

“By getting outstanding professors, you can really help the Law School and the students.”

32 LQN SPRING 2007 Skestos Honors His Parents (and professors) With New Faculty Chair

Like many a Michigan Law alum, George A. Skestos, ’52, of Columbus, Ohio, can instantly call his favorite professors to mind: William W. Bishop Jr., Edgar N. Durfee, and Paul G. Kauper, ’32, three luminaries of their day. “They were wonderful professors,” says Skestos, “so I thought giving a professorship was a natural thing to do.” Skestos’ recent gift of $1.5 million endows the Frances and George Skestos Professorship through President Mary Sue Coleman’s Donor Challenge Fund. The fund is providing a $500,000 match for the gift as one of the first 20 fully endowed professorships secured by gift agreements since October 1, 2006, when the challenge began. It is Skestos’ preference that the chair be held by a teacher or scholar of contract or commercial law. The professorship honors the memory of Skestos’ parents, who made it possible for him to be a three-time Michigan alum, earning a B.A. in history in 1948 and an M.B.A. in 1951, in addition to his J.D. “My father was of Greek origin,” says Skestos, who also gives generously to the Law School Fund. “He worked hard and sent me to Ann Arbor, so I’m doing the professorship in honor of him and my mother.” Skestos is founder, past president, and chief executive officer of Homewood Corporation, a Columbus-based home building company. His son George is also a Michigan alum, with a 1990 B.A. from the College of Literature, Science, and the Arts. One of that special group of Wolverines who have affectionate ties with both the U-M and Ohio State University, Skestos served on Ohio State’s board of trustees for nine years, with a one-year term as president. With his wife, Tina, he served as a co-chair of “The Power to Change Lives,” a fundraising initiative for the Ohio State University Medical Center. “Although I have been deeply involved with Ohio State, I feel strongly about Michigan and the Law School,” says Skestos. “Some of my happiest days were spent at the University of Michigan.”

“My father...worked hard to send me to Ann Arbor, so I’m doing the professorship in honor of him and my mother.”

LQN SPRING 2007 33 Tauber Gift to name Hutchins Classroom For Family

Joel D. Tauber, ’59, has made a $1.5 million campaign commitment to the Law School, part of a total gift of $4.1 million to The Michigan Difference campaign. In recognition, room 138 in Hutchins Hall will be named the Tauber Family Room in a ceremony to be held this fall. The name reflects the Tauber family’s long relationship with Michigan Law. Tauber’s father, Benjamin, was a 1930 L.L.B. alumnus, and his son, Brian, received both a J.D. from the Law School and an M.B.A. from the Stephen M. Ross School of Business in 1992. Joel Tauber earned a B.B.A. in 1956 and an M.B.A. in 1963, both from the Ross School. Tauber, chairman of Tauber Enterprises in Southfield, Michigan, is one of the University’s most engaged alumni as both donor and volunteer. A member of President Mary Sue Coleman’s Advisory Group, he is currently a national vice chair of The Michigan Difference and chairs its Greater Detroit Leadership Gifts Committee. He is a former member of the Law School Committee of Visitors and a past president of the Law School Detroit Major Gifts Committee, among many other volunteer roles. He and his wife, Shelley, have hosted many events on behalf of the University. In 2005 the University recognized Tauber with the David B. Hermelin Award for Fundraising Volunteer Leadership. His accolades also include the Alumni Achievement Award for 1998 from the Ross School, awarded annually to the alumnus or alumna whose attainments in their professional fields have brought distinction to themselves, credit to the school, and benefit to their fellow citizens. This spring he received an honorary doctorate from Tel Aviv University. Tauber’s campaign commitment to the Law School is designated for the building expansion fund.

Tauber . . . is one of the University’s most engaged alumni as both donor and volunteer.

34 LQN SPRING 2007 Degnan Estate Gift to honor her husband

The late James G. Degnan, ’53, traveled hundreds of miles from Michigan’s Upper Peninsula to be educated at the University of Michigan, years before the completion of the Mackinac Bridge. That was the first of many journeys for the alumnus, whose career as a real estate developer eventually took him all over the mainland United States and Hawaii. “He was a brilliant, brilliant man,” says his widow, Isobel R. Degnan, “and he enjoyed his work very much.” When her husband died suddenly in 2004, Degnan began to consider an estate plan, keeping James’ wishes in mind. She thought immediately of the Law School as an institution that had earned her husband’s lifelong respect. Recently Degnan finalized a bequest of $2 million to endow a faculty chair in her husband’s memory. “A University of Michigan professorship is one thing I know he really would have wanted,” she says. “He would be very proud of that.” James Degnan hailed from Escanaba and came to Ann Arbor as an undergraduate pre-law major. He met his future wife in St. Louis, her hometown, while traveling to the West Coast for military service during the Korean War. When the couple married, they lived in California, and later, upon James’ retirement, in Arizona. While James was developing large shopping centers, Isobel Robinson Degnan, an accomplished, classically trained pianist, was perfecting her music. Known as Robin—the nickname bestowed on her by her sorority sisters—Degnan has studied and performed throughout her life. On a recent morning, she was working on a sonata by Schubert, the composer whose work she most enjoys performing these days. “At one time, I thought only of Chopin, Chopin, Chopin,” says Degnan, with a laugh. “But your tastes change as you age.” For the Law School, Degnan’s friendship is far more than a grace note.

Degnan thought immediately of the Law School as an institution that had earned her husband’s lifelong respect.

LQN SPRING 2007 35 Olsons add to Commitments from endowment New York alumni fund will name classroom for Weil Gotshal firm

Ronald L. Olson, ’66, and Four New York area alumni Jane Olson, of Pasadena, have joined with the firm of California, have made Weil, Gotshal & Manges to Martin Bienenstock, ’77 an additional $500,000 make a gift of $1 million. The campaign gift to the Ronald gift will become part of the L. and Jane Olson Fund, an building expansion fund. endowment they created In recognition, Room during the Law School’s 116 in Hutchins Hall will Ronald L. Olson, ’66. previous campaign. The and Jane Olson be named the Weil Gotshal couple has also made a Room in a ceremony to be multi-year pledge to the held this fall. Law School Fund at the The Olsons served on The alumni are Martin Cavaedium Society level of the host committee for Bienenstock, ’77, of Katonah, $2,500 or more per year. the Law School’s campaign New York; Michael Levitt, The Olsons are major kickoff in the Los Angeles ’83, of Alpine, New Jersey; Michael Levitt, ’83 benefactors of the School’s area. They have hosted A. Paul Victor, ’63, of New Program in Asylum and many other events for the York City; and Barry Wolf, Refugee Law. University and the Law ’84, of Scarsdale, New York. Ronald Olson is a senior School, most recently a Bienenstock and Wolf are partner with Munger, Tolles luncheon for University partners with Weil Gotshal. & Olson in Los Angeles. President Mary Sue Levitt is chairman and chief Jane Olson is a human rights Coleman during the 2007 investment officer of Stone activist. Rose Bowl festivities. They Tower Capital in New York “Jane and I are proud of co-chaired the Los Angeles City. Victor recently retired our family’s association with Major Gifts Committee from Weil, Gotshal, where he Michigan Law,” said Ron during the University’s last was a partner for almost 36 Olson. “We want to be part campaign. years, and is now a partner with Dewey Ballantine. of the campaign to make the Ronald Olson serves A. Paul Victor, ’63 school even better for future on the University’s Levitt serves on the generations.” Western States Campaign University’s Investment Two of the Olsons’ Committee and is an Advisory Committee. Victor three children are alumni honorary member of the is a member of the Dean’s of Michigan Law: their Law School’s Campaign Advisory Council and was son, Steven, ’95, and their Steering Committee. a member of the former daughter Amy Duerk, ’99. He was a member of the Committee of Visitors. Steven’s wife, Elizabeth former Committee of Graham Olson, is a 1997 Visitors. alumna.

Barry Wolf, ’84

36 LQN SPRING 2007 Recent gifts

Hundreds of alumni and friends are stepping forward to make Colleagues of Philip McWeeny, ’64, of Toledo, Ohio, gifts to the current campaign, “Building On: The Campaign for made gifts totaling more than $150,000 to endow the Philip the University of Michigan Law School.” Here is a sampling of McWeeny Scholarship in honor of his retirement from those generous donors and their areas of support: Owens-Illinois Inc., where he was vice president and general Robert E. Baker, ’55, and Anne M. counsel. Baker, of Bloomfield Hills, Michigan, and Numerous memorial gifts totaling more than $130,000 Scottsdale, Arizona, have made a $100,000 were made in honor of Roger Siske, ’69, to endow a schol- gift to the building expansion project. Baker, arship in his name. Leadership gifts were made by Regina who is retired from DaimlerChrysler, served Siske, of Glencoe, Illinois, who requested that contributions on his 50-year reunion committee. in her husband’s memory be directed to Michigan Law; The Honorable Bobbe Ben and Jeanette Beavers of Highland Park, Illinois; Jean Bridge and Jonathan and the firm of Sonnenschein Nath and Rosenthal, Bridge, of Seattle, are supporting the Child where Siske was a partner. The firm gift was coordinated Advocacy Law Clinic with a gift of $105,000. by Eric Oesterle, ’73, of Glen Ellyn, Illinois, a partner in Bridge is an associate justice of the Washington Sonnenschein, who serves on the Law School’s Campaign State Supreme Court. Steering Committee and volunteers in many other capacities Stuart M. Finkelstein, ’85, and Beth for the Law School. The Roger C. Siske Scholarship honors Finkelstein, of Chappaqua, New York, have Roger Siske’s excellence in character, his lifetime service made a $50,000 gift in support of the Law School Fund, the to the law, and his many valuable contributions to the legal Debt Management Program, and need-based scholarships. profession. Siske, who died in January 2006, was a nationally- Stu Finkelstein is a partner at Skadden, Arps, Slate, Meagher recognized employee benefits and executive compensation & Flom LLP, where he has been practicing tax law since lawyer who was with Sonnenschein for more than 36 years. graduating from the Law School. He serves on the University’s He worked in the firm’s Chicago office and served on its Tri-State Major Gifts Committee and was a member of his national management committee. 20-year reunion committee. Robert E. Spatt, ’80, and Lisa Spatt, of Stamford, W. Robert Kohorst, ’78, and Shelley Allen of La Connecticut, have made a gift of $100,000 to the building Canada, California, have made gifts totaling more than expansion project and the Law School Fund. Robert Spatt is $150,000 to support the building expansion project and other a partner with Simpson Thacher & Bartlett in New York City. priority Law School programs. Bob Kohorst is president of He served on his 25-year reunion committee. Everest Properties. He served on the host committee for the Jeffrey E. Susskind, ’79, and Janis Law School’s campaign kickoff in the Los Angeles area. Susskind, of Los Angeles, have made Neil R. Mann, ’74, and Patricia R. Mann, ’74, of Lake a $100,000 gift to support the building Forest, Illinois, have made a $200,000 gift to the building expansion project. Jeffrey Susskind, an expansion project. Neil Mann is a partner with Chapman and investment management consultant, Cutler. The Manns served on the host committee for the Law served on the host committee for the School’s campaign kickoff in the Chicago area. Law School’s campaign kickoff in the Los Angeles area.

LQN SPRING 2007 37 Rieckers receive University award for volunteerism Campaign Steering Committee

John E. Riecker, ’54, and his wife, Margaret Ann (Ranny) Leo R. Beus, ’70 Barrie Lawson Loeks, ’79 Riecker, of Midland, Michigan, were among six key University Beus Gilbert PLLC Loeks & Loeks Entertainment supporters named recipients of the prestigious David B. Scottsdale, Arizona Grand Haven, Michigan Hermelin Award for Fundraising Volunteer Leadership for Bruce P. Bickner, ’68 Gregory T. Mutz, ’73 2006. Chair AMLI Residential DEKALB/Monsanto Company Chicago The Rieckers, honorary national co-chairs of The Michigan (retired) Difference campaign, have given generously of their time Sycamore, Illinois John M. Nannes, ’73 and resources to many units of the University, including the Skadden, Arps, Slate, William J. Bogaard, ’65 Meagher & Flom LLP Law School. John Riecker served on the Law School’s former Mayor, City of Pasadena Washington, D.C. Committee of Visitors and remains deeply engaged with the Pasadena, California School. John Nickoll, ’60 Richard Burns, ’71 Wells Fargo Foothill (retired) The Hermelin Awards, presented annually, honor volun- Hanft Fride PA Los Angeles teers who best reflect the character, fundraising prowess, and Duluth, Minnesota passionate dedication to the University exemplified by the late Charles F. Niemeth, ’65 Evan Caminker Baker & McKenzie LLP David Hermelin, an alumnus of the Stephen M. Ross School Dean New York City of Business who in 2000 received an honorary doctor of laws University of Michigan Law School Ann Arbor Richard Odgers, ’61 degree from Michigan. Pillsbury Winthrop LLP A Detroit area philanthropist and entrepreneur who served Terrence A. Elkes, ’58 San Francisco as the U.S. ambassador to Norway, Hermelin was a tireless Honorary Chair Apollo Partners LLC Eric A. Oesterle, ’73 volunteer for many organizations. Over more than two decades New York City Sonnenschein, Nath of service to Michigan, his volunteer leadership roles included & Rosenthal serving as co-chair of the Campaign Steering Committee for Robert B. Fiske Jr., ’55, Chicago Honorary Chair the billion-dollar Campaign for Michigan in the 1990s. Davis Polk & Wardwell Ronald L. Olson, ’66, The Rieckers received the award October 20 at the New York City Honorary Chair Intermission Gala, a celebration of the accomplishments of the Munger, Tolles & Olson Saul A. Green, ’72 Los Angeles first half of the University-wide campaign. Miller, Canfield, Paddock & Stone Detroit Dennis Ross, ’78 University of Michigan John E. Riecker, ’54, left, Margaret Ann (Ranny) Riecker, U-M William R. Jentes, ’56 Law School President Mary Sue coleman, and Rich Rogel, national chair of Honorary Chair Ann Arbor The Michigan Difference campaign, share a moment during award Alternative Dispute Resolution ceremonies last fall. Chicago Mary E. Snapp, ’84 Honorary Chair Robert M. Klein, ’65 Microsoft Corporation Butzel Long (retired) Redmond, Washington Bingham Farms, Michigan Keith C. Wetmore, ’80 Herbert Kohn, ’63 Morrison & Foerster LLP Bryan Cave LLP San Francisco St. Louis, Missouri Kathryn D. Wriston, ’63, Honorary Chair Director of Various Organizations New York City

38 LQN SPRING 2007 Dinner honors Michigan Law supporters

The lamps in the Lawyers Club glowed a little brighter on the evening of October 21, 2006, when a group of the Law School’s most generous supporters were honored at a special dinner. The event was held in conjunction with the University’s Intermission Gala, part of The Michigan Dean Caminker Wallis and Robert Klein, ’65, LL.M. ’66, Third-year law student Kristen Difference campaign. thanks participants with Lois Gamble. Klanow thanks guests for their Dean Evan Caminker for their generous generous support of the student welcomed the group. In a support. experience. short program after dinner, representatives of the Law School expressed gratitude to the guests for all they have made possible at the School. Speakers included the dean; Margaret A. Leary, director of the Law Library; Professor Donald N. Duquette, ’75, director of the Child Advocacy Law Clinic; Kristin Klanow, 3L; and John Reed, the Thomas M. Cooley Professor Emeritus of Law. Clinical Professor Donald N. Duquette, ’75, de- Front row: Donna Hartwig and Anne Baker; The U-M singing group the scribes the impact of private gifts on the Child Ad- back row: Gene Hartwig, ’58, Ruth Zinn, Friars put the finishing touch vocacy Law Clinic. Duquette founded and directs Frank Zinn, ’59, and Bob Baker, ’55 on the evening with a razzle- the clinic, which marks its 30th anniversary this dazzle performance. academic year. (See interview on page 7.)

The Friars entertain.

Rebecca MacDonald Harold Rosenn, ’41, and Sallyanne and Arnold Nemirow, Rosenn share a moment with Law Library ’69. Director Margaret Leary.

LQN SPRING 2007 39 Reunion Giving

The recognitions on these The next generation gets familiar with the Quad while parents pages reflect all class giving mingle at the tailgate. during each class reunion counting period, which began July 1, 2005, and ended November 24, 2006. Total LASS William C. Hiscock W. Morrison; Roger H. Oetting; C of 1951 George H. Hopkins Class Giving includes all gifts Charles B. Renfrew; Edward L. 55th Reunion Thomas W. James made during this period to all Shank; Lawrence W. Sperling; Russell Stover Jones Charles G. Williamson Jr.; aspects of the Law School’s Chair: William W. Milligan Irwin Lapping Norman A. Zilber mission. The Law School Fund Committee: Richard A. Bell; David Benson Lipner is Michigan Law’s largest Rex Eames; Richard M. Kaplan; LSF Gifts and Pledges ..$170,355 Douglas L. Mann source of unrestricted private Donald G. Leavitt; S. Noel Total Class Giving ...... $1,051,514 Richard S. Marx donations; as such, the Law Melvin; Harry Pincus Jr.; Horace Robert M. Muir School Fund provides the J. Rodgers; Walter J. Russell; $1,000,000 and above John L. Naylor Jr. opportunity to respond to Henry C. Ryder; Lloyd J. Tyler Jr.; Richard J. Riordan Lucien N. Nedzi Howard VanAntwerp III new initiatives and pressing Patrick D. Neering $500,000 to $999,999 concerns when this flexibility LSF Gifts and Pledges ...$91,084 Albert J. Ortenzio William R. Jentes is most needed. All gifts made Total Class Giving ...... $96,759 Thomas J. O’ Toole $50,000 to $99,999 during this period are counted Shelton C. Penn William C. Cassebaum toward the Law School’s $50,000 and above Walter Potoroka Raymond H. Dresser Jr. current campaign, “Building S. Noel Melvin Robert L. Richardson Jr. On: The Campaign for the $10,000 to $24,999 $5,000 and above Henry C. Ryder Jack G. Armstrong University of Michigan Law Kenneth C. Hamister Marlin F. Scholl* Robert S. McCormick School.” Larry H. Snyder Robert B. Seeley Forrest G. Shaw John H. McDermott $2,500 to $4,999 Robert H. Silk Edward L. Shank George M. Hartung Robert O. Sornson $5,000 to $9,999 Stuart E. Hertzberg Melvyn J. Stauffer Jr. Eric E. Bergsten Richard M. Kaplan Save the dates! Paul W. Steere William R. Brashear 2007 REUNIONS $1,000 to $2,499 Rollyn L. Storey William F. Crockett Jon Jitsuzo Chinen Harney B. Stover Jr. James S. Hilboldt • Walter L. Dean J.C. Tattersall John Andrew Kelly Jr. Norman H. Tendler September 7-9, 2007 Robert K. Fukuda Henry West Leeds Donald G. Leavitt Howard VanAntwerp III Richard W. Morrison for the classes of 1952, 1957, Frederick E. MacArthur Andrew J. Warhola Charles B. Renfrew 1962, 1967, 1972, and 1977 James E. McCobb Albert V. Witham Roger Wood Wilkins James E. Townsend Herbert M. Wolfson Norman A. Zilber • Lloyd J. Tyler Jr. $2,500 to $4,999 Thomas C. Walsh October 12-14, 2007 CLASS of 1956 Dennis J. Barron for the classes of 1982, 1987, $1 to $999 50th Reunion John C. Cary Jr. Herbert M. Balin Donald R. Ford Chair: Raymond H. Dresser Jr. 1992, 1997, and 2002. Ralph G. Bauer Richard A. Jones Fundraising Chair: William C. Richard A. Bell Roger H. Oetting Cassebaum Robert L. Borsos For reunion updates, visit: Committee: William F. Anhut; $1,000 to $2,499 Prentiss M. Brown Jr. Jack G. Armstrong; William R. Richard R. Dailey www.law.umich.edu/ David E. Dutcher Brashear; Joseph Butler; John Eugene H. Gilmartin Rex Eames alumnianddevelopment C. Cary Jr.; William F. Crockett; Paul R. Haerle Frank Elkouri Paul R. Haerle; Irving Leon Irving Leon Halpern and click on the Reunions Edward Elukin Halpern; James S. Hilboldt; Hazen V. Hatch link. Hugh A. Garnett William R. Jentes; John Andrew John B. Huck John Joseph Gordon* Kelly Jr.; Robert S. McCormick; Thomas A. Lazaroff Richard W. Henes John H. McDermott; Richard Gordon L. Nash Richard L. Hershatter

40 LQN SPRING 2007 Michigan Law t-shirts are a big hit with Angelica Ochoa, ’01, Speaker Brian O’Neill, ’74, demonstrates hs Michgan spirit to and Marcela Sanchez, ’01, at reunion registration. fellow alumni.

James T. Neef CLASS of 1961 Louis Frey Jr. Merwyn M. Kroll Cynthia Vary Peterson Jackson L. Frost Walter V. Kron Harold H. Plassman 45th Reunion Donnelly W. Hadden Peter F. Levin Roy Franklin Proffitt Co-Chairs: James N. Adler; Richard J. Heafey John F. Lymburner Robert O. Rosenman Laurence M. Scoville Jr.; William Bernard Heller G. Gregory Michael William G. Sesler Y. Webb H. Russel Holland Timothy J. Murtaugh III Donald W. Shaffer Committee: Harold S. Barron; Michael Klynn Jerome D. Neifach Labron K. Shuman James H. DeVries; Raymond H. Daniel E. Lewis Jr. Robert E. O’Connor David W. Swanson Drymalski; William S. Farr Jr.; Francis C. Marsano Ben E. Olive James A. Timmer Barry I. Fredericks; Irvine O. George A. Mathewson Bruce N. Parsons Charles G. Williamson Jr. Hockaday Jr.; Richard M. Leslie; J. Bruce McCubbrey John L. Peschel Murray Yolles Daniel E. Lewis Jr.; Kenneth Richard E. McEachen Robert A. Pfaff $1 to $999 Sparks; L. Vastine Stabler Jr.; Robert L. McLaughlin Hanson S. Reynolds Stephen C. Bransdorfer James M. (Mack) Trapp; Lloyd E. Cecil R. Mellin Russell H. Riggs Hugh R. Braun Williams Jr. Laurence M. Scoville Jr. Gerald F. Rosenblatt L. Vastine Stabler Jr. Albert J. Russell Harland M. Britz LSF Gifts and Pledges ..$136,325 Herbert R. Brown Stanley A. Williams Timothy F. Scanlon Total Class Giving ...... $409,854 Robert A. Shupack Robert A. Brown Jr. $1 to $999 Donald A. Slichter William D. Brusstar Jr. $100,000 and above Robert R. Anderson Charles H. Stark Shirley J.C. Burgoyne Henry B. Pearsall Walter M. Andrew Jr. Robert M. Steed William L. Cahalan Jr.* H. Gregory Austin $50,000 to $99,999 Norton L. Steuben William Y. Chalfant Bruce Alden Barnhart William A. Krupman Paul S. Teranes George F. deClaire Robert S. Bolton Gregor N. Neff Robert E. Thorne Walter R. Denison James H. Booker Stanley R. Zax W. Gerald Thursby Glenn S. Dennis Phillip S. Brown David C. Todd Marvin Dubrinsky $25,000 to $49,999 Donald M. Burkhardt Daniel E. Tolfree Daniel P. Ernst Harold S. Barron J. Philip Burt Walter W. Winget Norman E. Gaar $10,000 to $24,999 George D. Cameron III Merritt W. Green II James N. Adler John E. Cochrane Daniel S. Guy James H. DeVries Frederic K. Conover CLASS of 1966 Robert L. Halbrook Bruce J. Daniels* James M. Trapp 40th Reunion Edward A. Hansen William Y. Webb Frederick S. Dean Gerald B. Helman Charles A. DeGrandpre Chair: James A. Magee Frank C. Henry $5,000 to $9,999 Virginia M. Diaz Committee: Douglas M. Cain; John F. Kruger Arthur R. Gaudi Raymond H. Drymalski George C. Coggins; Dewey B. Sherwin J. Malkin Elliott C. Miller Warren E. Eagle Crawford; Barbara E. Handschu; F. William McKee II John Edward Porter John J. Esposito Fred E. Schlegel; William C. Whitbeck; Thomas G. Washing; Nathan K. Parker Jr. $2,500 to $4,999 William S. Farr Jr. Richard J. Williams; Morton A. Polster James R. Cripe John A. Fiske Edward A. Quinnell Richard L. Kay Stanford E. Gass LSF Gifts and Pledges ..$213,225 Murray B. Schwartzberg Richard M. Leslie Lewis G. Gatch Total Class Giving ...... $926,725 Lawrence W. Sperling Richard W. Odgers William J. Giovan George R. Stege III Lloyd E. Williams Jr. Allan R. Gitter $500,000 and above Shoshana B. Tancer Jerome B. Greenbaum Ronald L. Olson Edwin S. Taylor $1,000 to $2,499 Stuart S. Gunckel Richard O. Ballentine $200,000 to $499,999 Robert S. Thompson James A. Hourihan Samuel Zell Dale VanWinkle John H. Bradbury Frederick R. Hubbell Charles T. Zimmerman Calvin A. Campbell Jr. Thomas E. Hunter Barry I. Fredericks Anson More Keller * Deceased

LQN SPRING 2007 41 Reunion Giving

Christine Gregory, ’96, director of student affairs, catches up with Ross Romero, ’96.

$50,000 to $99,999 Nathaniel P. Breed Jr. Kenneth J. LaMotte LSF Gifts and Pledges ..$511,745 Richard C. Sneed Jon D. Carlson James T. Leavitt Jr. Total Class Giving ...... $684,757 Thomas D. Chase Edward P. Levy $10,000 to $24,999 A. Balfour Chinn Jr. Stanley Lubin $100,000 and above Michael L. Carter George C. Coggins Robert F. Ludgin Richard R. Burns Dewey B. Crawford William M. Colby Dianne M. Magee J. Alan Galbraith $50,000 to $99,999 James F. Companion William F. Marx Roger A. Goldman Henry E. Fuldner Douglas M. Crowley Robert P. McBain Terence Murphy Sterling L. (Terry) Ross Eugene F. Dattore F. William McCarty Richard J. Williams Jeffrey H. Smith William B. Davis Jr. William S. McDowell Jr. $5,000 to $9,999 Michael C. Devine Michael J. Mehr $25,000 to $49,999 James G. Phillipp Robert A. Dimling David B. Mueller Howard L. Boigon John M. Walker Jr. Dennis C. Drury George B. Mullison Paul F. Sefcovic William T. Wood Jr. George M. Elsener Kenneth R. Oosterhouse David M. Stahl Ronald S. Pretekin $2,500 to $4,999 Edwin G. Emerson $10,000 to $24,999 Gary L. Price Alfred M. Butzbaugh S. Cody Engle Paul Alexander John C. Provine* Douglas M. Cain Robert J. Epstein Alan L. Axelrod Thomas R. Reinsma William E. Doster James C. Ervin Jr. Denis B. Binder Jerrell P. Rosenbluth Thomas A. Pliskin Thomas S. Eveland Dickson G. Brown Eric J. Fauri Jeffrey C. Rubenstein Frederick L. Feldkamp $1,000 to $2,499 John E. Ferris Robert G. Schuchardt Carter E. Keithley Jonathan L. Birge Gerald B. Fincke Lawrence J. Sherman Alan R. Lepene Terrance K. Boyle Sidney L. Frank Morris N. Simkin Muriel Irwin Nichols Robert E. Epstein Thomas D. Geil William J. Skow Cecil M. Phillips Peter S. Galloway George J. Genndening Gary N. Sundick William J. Rainey Paul E. Goodspeed Robert E. Gilbert Charles D. Todd III David M. Spector Michael D. Gordon Ronald D. Glotta Robert O. Tyler Bruce M. Groom Hiram S. Grossman Stuart C. Unger Jr. $5,000 to $9,999 David M. Guinn Joseph P. Hafer Thilo Von Bodungen Wayne C. Dabb Jr. Robert E. Heller Kenneth R. Harker Jr. John B. Whinrey James N. Doan Morton Q. Levin William S. Hawgood II William C. Whitbeck Jeffry N. Grabel John H. Martin E. Franklin Hill Jr. Samuel W. Witwer Jr. Barry D. Hovis Robert S. Paye William K. Hoffman Wayne C. Inman Fred E. Schlegel Robert E. Hollweg Mary Kay Kane Erik H. Serr Jay S. Hooker CLASS of 1971 Alan M. Loeb Judith L. Teichman Raymond E. Hopkins 35th Reunion Julia Rankin Richardson Richard F. Vitkus John C. Hutchinson Alan H. Richardson Co-Chairs: Paul Alexander; Thomas G. Washing Duane H. Ilvedson Edward D. Sybesma Jr. Howard L. Boigon Kenneth J. Wysoglad Gilbert V. Indeglia Georgetta Ann Wolff Committee: Richard R. Burns; Jon C. Jacobson Joseph J. Ziino Jr. $1 to $999 Frederick L. Feldkamp; Dawn David Ralph Johnson $2,500 to $4,999 Stanley G. Andeel Scrivnor Hertz; John E. Jacobs; Stephen W. Jones Robert M. Gault William C. Anderson Muriel Irwin Nichols; William J. Thomas L. Jones Michael J. Gentry Horace Andrews Jr. Rainey; Julia Rankin Richardson; Dennis S. Kayes Dawn Hertz James G. Barnes Sterling L. (Terry) Ross; Jeffrey Steven M. Kin John E. Jacobs William G. Barris H. Smith; David M. Spector; Richard J. King David E. LeFevre Robert D. Becker David M. Stahl; Donald F. Tucker; Victor E. D. King Karen K. MacKay Robert W. Beicke Georgetta Ann Wolff Robert S. Berkwitz Frederick W. Krieg Jeffrey L. Schmier Rodger V. Bittner Bailey H. Kuklin Abraham Singer Stephen A. Bodzin R. Bruce Laidlaw Roger B. Tilles Donald F. Tucker 42 LQN SPRING 2007 Ted Shank, ’56, and Bill Cassebaum, ’56, agree that Sunday Anita Robb, ’82, and Gary Robb ’81, rev up for the big game. brunch in the Lawyers Club is the perfect end to a weekend of old and new memories.

$1,000 to $2,499 Gerald Garfield Charles M. Stewart Bertie N. Butts III Karl Adkins Stuart E. Grass Ronald J. Styka Corinne A. Goldstein Robert W. Edwards Jr. Peter T. Hoffman Gordon E. Swartz Dennis M. Haffey David E. Everson Jr. Peter Johan Hustinx Deanell R. Tacha Michael S. Olin James P. Feeney Stuart M. Israel Lawrence C. Tondel Richard Postma Lawrence D. Fruchtman W. Thomas Jennings James E. Vande Bunte David M. Rubin Gene N. Fuller David C. Jensen Gary L. Walker Nancy R. Schauer Donald S. Gardner Garrett B. Johnson Paul D. Weaver Gillian Steinhauer Thomas R. Johnson Robert T. Joseph Larry C. Willey David L. Wolfe Frank Kaplan Peter A. Kelly Steven H. Winkler $2,500 to $4,999 Robert D. Kaplow R. Joseph Kimble Steven M. Woghin Robert D. Aicher Stephen P. Kilgriff John E. Klein Howard B. Young Christine L. Albright Wolfgang Knapp James M. Kraft Robert J. Zitta Ellen Borgersen Charles M. Lax Noel Anketell Kramer Philip J. Collora Howard A. Serlin Karl E. Kraus Richard L. Epling Ronald P. Soltman Edward M. Kronk CLASS of 1976 Richard Laurence Frank Gerald V. Weigle Jr. Brian J. Lake 30th Reunion Valorie A. Gilfeather Bruce J. Lazar $1 to $999 Co-Chairs: Bertie N. Butts III; Joyce Trimble Gwadz Stephen R. Leeds Lawrence M. Abramson William P. O’Neill David F. Heroy Bruce R. LeMar Leslie W. Abramson Fundraising Committee: Karen Freda J. Levenson Steven H. Levinson John L. Barkai H. Clark; William A. Kindorf III; Nancy Meier Lipper Pamela J. Liggett Richard Morley Barron Nancy Meier Lipper; Robert E. Andrew Harold Marks J. Terence Lyons Robert M. Becker Sheeder; David L. Wolfe Michael S. Pabian David M. Mattingly A. John Beke Participation Committee: Robert E. Sheeder Robert E. McFarland Alan C. Bennett Robert D. Aicher; Valorie Patrick E. Shipstead David W. McKeague Bruce D. Black Gilfeather; Corinne A. Goldstein; Valdemar L. Washington Gale T. Miller Robert I. Blevens Will E. McLeod; Nancy R. Christine Weiner Richard L. Mintz Peter W. Booth Schauer; Renee M. Schoenberg; Michael H. Woolever Kenneth M. Mogill John Blair Bowers William S. Waldo; Jerome R. Melvin J. Muskovitz $1,000 to $2,499 Robert J. Bremer Watson William R. Nuernberg Kenneth A. Alperin Thomas W. Brookover James A. O’Brien Jr. LSF Gifts and Pledges ..$369,378 Robin E. Neuman Caton Darrel G. Brown Corey Y. S. Park Total Class Giving ...... $421,628 Karen H. Clark Aaron H. Bulloff Sally Ganong Pope Charles M. Cobbe C. Erik Chickedantz Herbert J. Ranta $100,000 and above Michael R. Flaherty Arthur Read Cone III Wanda J. Reif Yvonne S. Quinn Stephen E. Godsall-Myers Jules I. Crystal Michael F. Reuling Daniel J. Goldberg Dean E. Daggett $50,000 to $99,999 William H. Scharf Henry L. Gompf Anthony S. DeFrank William P. O’Neill Don A. Schiemann Gordon W. Johnston Thomas B. Dorris $10,000 to $24,999 John R. Schoonmaker Thomas D. Johnston Robert J. Dugan David M. Armitage Ronald B. Schram Joseph Samuel Kanfer Frank D. Eaman P.E. Bennett Kurt G. Schreiber Joseph J. Kochanek George W. Edwards Maryjo Rose Cohen Peter Mag Schwolsky Jonathan D. Lowe Meredith N. Endsley John L. Gierak Lowell M. Seyburn John C. Rothhaar Michael B. Evanoff William A. Kindorf III Dale L. Sielaff Renee M. Schoenberg Donald C. Exelby William George Snead Donald H. Silverman Thomas John Sharbaugh Louis G. Ferrand Jr. Dona A. Tracey Joseph T. Sinclair III William Stewart Waldo David M. Fitzgerald Dustan T. Smith $5,000 to $9,999 Jerome R. Watson Timothy A. Fusco William H. Starkweather Gary E. Baker Connie R. Gale Robert A. Stein * Deceased

LQN SPRING 2007 43 Reunion Giving

Former Psurfs Hal Leeds, ’56, John McDermott, ’56, and Van Hatch, ’56, treat classmates to a concert during the class of 1956 dinner.

$1 to $999 Thomas Woodrow Linn Participation Committee: John D. Croll Charles Francis Adams Dennis K. Loy Steven G. Adams; Natalia Stuart L. Gasner Susan Anne Bandes Mark Alan Luscombe Delgado; Steven S. Diamond; David D. Gregg Howard M. Bernstein Christopher J. McElroy David D. Gregg; Jason S. Douglas B. Levene William K. Black John C. Oldenburg Johnston; Jeffrey S. Lehman; Mark R. Lezotte J. Rion Bourgeois Jill Feldman Olswanger William C. Marcoux; Barbara Stewart L. Mandell Joel G. Bouwens Stephen G. Palms Ruth Mendelson; Kenneth C. Kenneth C. Mennemeier James C. Bruinsma Michael L. Peroz Mennemeier; Marissa W. Pollick; Michael Ostroff Denis P. Burke Todd David Peterson Janet Susan VanAlsten; Linda S. $1,000 to $2,499 Thomas A. Busch Dwight Wilburn Phillips Walton Bruce G. Arnold Lynn P. Chard Diana Volkmann Pratt Andrea Beggs Barbara N. Coen Arthur R. Przybylowicz LSF Gifts and Pledges ..$468,782 Steven D. Brown Gary E. Davis Joseph Marion Rimac Total Class Giving ...... $572,360 Benjamin Calkins David L. Dawson Carol V. Rogoff $100,000 and above Rudolph B. Chavez Lynne E. Deitch Judith Rosenbaum Anonymous Robert R. Cowell Gregory P. Dunsky Ellen Beth Rosenthal Ronald William Crouch Mary U. Eberle Carol Sanger $50,000 to $99,999 Charles Murray Denton H. Richard Elmquist Thomas Patrick Sarb Gary C. Robb Marianne Gaertner Dorado Douglas W. Emerich Lynn A. Schefsky $25,000 to $49,999 John M. Dorsey III Morgan L. Fitch IV Charles M. Schiedel Richard Michael Cieri Karl R. Fink Harvey Freedenberg C.F. Scott Schofield Jeffrey S. Lehman Kathryn Hamilton Fink John B. Gaguine Warren M. Schur Diana M. Lopo Jack L. Fortner Robert Mark Gesalman Jeffrey Clark Smith Kent D. Syverud John C. Grabow James Thomas Graham John G. Sobetzer Gregg F. Vignos Richard S. Hoffman Nancy N. Grekin Lyman Franklin Spitzer Jason S. Johnston Paul R. Griffin Sharon Raykovitz Stack $10,000 to $24,999 Patricia A. Kenney Constance D. Groh Robert B. Stevenson Karen Sani Ali Deborah M. Levy Wayne M. Grzecki Thomas D. Terpstra Steven S. Diamond Daniel Joseph McCarthy Gary L. Hahn Timothy J. Tornga Mitchell Dunitz Barbara Ruth Mendelson Lawrence N. Halperin Howard C. Ulan Deborah E. Greenspan J. Gregory Richards William C. Hanson John Harrison Vestal Robin L. Harrison Ann O. Rosenblum Carolyn D. Harbin Deborah J. Hammerlind Weber Randall R. Kaplan Karen K. Shinevar Warren Harrison Michael A. Weinberg Carmen Judith Lawrence Alisa Sparkia Moore Jon Eric Hayden Robert J. Whitley Russell E. Makowsky Stefan Darrell Stein Stephanie Heim Joel C. Winston Kathy Manning Mark E. Taylor Anne H. Hiemstra Andrew M. Zack William C. Marcoux Bruce A. Templeton Marilyn L. Huff Deryck A. Palmer Janet Susan VanAlsten Douglas W. Huffman Glenn Andrew Shannon Jonathan T. Walton Jr. Pamela S. Hyde CLASS of 1981 John M. Sloss Linda S. Walton Andrew C. Jacobs 25th Reunion $5,000 to $9,999 Elizabeth Warner William R. Jansen Natalia Delgado Fundraising Chair: Kent D. Nancy Williams Gregg H. Jones John Wilson Finger Syverud Richard A. Kaminsky James S. Hilboldt Jr. $1 to $999 Participation Chair: Jonathan Robert I. Kligman Richard Seth Kolodny Lawrence W. Abel T. Walton Jr. Richard A. Kopek Hal Andrew Levinson Arthur Patrick Alcarez Fundraising Committee: George A. Kresovich Barbara Ruth Mendelson Kevin D. Anderson Richard Michael Cieri; Karl R. Barry S. Landau Robert R. Wisner David George Beauchamp Nelson S. Leavitt Fink; Gary C. Robb; Glenn A. Paul Bradford Burke $2,500 to $4,999 Christoph Hans Leuenberger Shannon; Gregg F. Vignos Karen L. Chadwick Steven G. Adams Donald B. Lewis Robert Iddings Chaskes Andrew Varnum Beaman Anthony Michael Damiano 44 LQN SPRING 2007 Go Blue! Alumni toast Michigan Law at the Class of 1956 dinner.

Mary Ann Denton Jose M. Sariego Timothy R. Hanigan Alexandra K. Callam Augustin Douoguih Suellyn Scarnecchia Karin Day Kingsley Jonathan E. Carey William R. Drexel William Fisher Seabaugh Arthur H. Siegal Lettie M. Carr Philip L. Dutt Richard E. Segal John B. Thomas Margaret Chon Alexander M. Dye Lawrence Alan Serlin David J. Zott Timothy J. Chorvat Russell M. Finestein Lawrence M. Shapiro Robert M. Cohen $2,500 to $4,999 John R. Foote Peter R. Silverman James R. Collett Jr. Patrick C. Cauley Bruce Allan Fox Richard V. Singleton Susan A. Davis Audrey L. Krasnow Gaynor Robert W. Fulton Debra Marlene Stasson Mary R. DeYoung Lydie A. Hudson Signe S. Gates Anita Louise Wallgren Richard N. Drake Andrew G. Klevorn Atsushi Gondo Christopher M. Wells Amy S. Farrior David M. Matuszewski Eric K. Gressman Deborah K. Wood Jeremy Mark Firestone Paul C. Nightingale Andrew E. Grigsby Jr. Richard Louis Wood Eric M. Fogel Steven A. Roach Meg Hackett Noah Eliezer Yanich L. Joseph Genereux Margaret K. Seif Bruce W. Haffey Stephen A. Yokich Geoffrey R. Gist Robert R. Shuman R. Lee Hagelshaw Elizabeth Anne Zatina Anne E. Gold Michael D. Turner Gwen Thayer Handelman Martha J. Gordon Charles E. Harris III $1,000 to $2,499 Robert B. Gordon Mary M. Hendriksen CLASS of 1986 Bruce P. Ashley Cecelia A. Grace Howard Neil Henick 20th Reunion Robert C. Azarow Michael K. Grace Wayne D. Hillyard Ronald S. Betman Abner S. Greene Fundraising Chair: W. Todd Scott W. Howe Steven G. Brody David M. Greenwald Miller Ann K. Irmas Michael N. Burlant Matthew I. Hafter Participation Chair: Arthur H. Florence R. Keenan Lee C. Cook Eric C. Hard Siegal F. Scott Kellman Maureen M. Crough John J. Hern Fundraising Committee: Jonathan S. Klein Michael T. Edsall Kimberly K. Hudolin Christopher J. Caywood; Audrey Charles Howland Knauss Andrew M. Gaudin Donald M. Itzkoff L. Krasnow Gaynor; Michael P. Richard David Korn Gregory M. Gochanour Howard B. Iwrey O’Neil Howard L. Kramer Lynne Oliver Gochanour Michael L. Johnson Participation Committee: Kenneth A. Kroot John G. Hale Mark A. Kaprelian Patrick C. Cauley; Kerry Michael J. Kump Robert E. Inveiss Kenwyn A. Kindfuller A. Galvin; Amy Lambert; James David Kurek Mary E. Itin Kors Amy S. Knopf Karen K. Manders; David Jon R. Lauer Harlan D. Kahn Lawrence J. Knopf M. Matuszewski; Lynn M. L. David Lawson Lawrence I. Kiern Peter C. Krupp McGovern; Scott E. Munzel; John M. Liming Steven V. Krauss Ramona C. Lackore Megan Pinney Norris; Rebecca L. Eric Arthur Linden Holly H. Levinson Warren C. Laski Raftery; Milton L. Williams Jr. Stuart D. Logan Carole L. Neuchterlein Karen K. Legault Thomas E. Maier LSF Gifts and Pledges .$224,355 David B. Sickle Eve C. Lerman David McFarlin Total Class Giving ...... $228,919 Thomas M. Skelly Richard A. Levy Kazuya Murakami Kevin Tottis Michael C. Lieb $25,000 and above Darlene M. Nowak Karl T. Williams Veronique M. Liem Kerry A. Galvin Dustin P. Ordway Bruce A. Wobeck Lisa S. Mankofsky Susan McKee Pavlica $10,000 to $24,999 Linda S. F. Marshall $1 to $999 Alan A. Pemberton Dean N. Menegas Jacqueline A. May Gary M. Arkin Vito C. Peraino W. Todd Miller Lori A. McAllister Karen L. Baril Steven R. Porter Mark Astley Moran Melody L. McCoy John P. Barker Jr. Yves P. Quintin Lynn M. McGovern $5,000 to $9,999 Stephen F. Barthelmess Raimund Theodor Raith John R. McLain Christopher J. Caywood Eric D. Brandfonbrener Michael D. Remington James R. Modrall Dana D. Deane Arthur D. Brannan Daniel Renbarger William J. Moreland Peter G. Fitzgerald Susan E. Brock Ernest M. Robles LQN SPRING 2007 45 Reunion Giving

Reunion attendees enjoy tailgating Michigan-style, complete with winter hats and coats.

Thomas R. Morris $2,500 to $4,999 Laura J. Hines LASS Scott Edward Munzel Robert J. Borthwick Kevin Michael Hinman C of 1996 Megan Pinney Norris Kevin T. Conroy Kathleen E. Horohoe 10th Reunion Nat L. Pernick Sheila M. Conroy Kim Ruedi Howlett Co-Chairs: David B. Cade; Carol Kiat Poonsombudlert Prananatha Jha Steven H. Huff E. Dixon; Jesse S. Reyes Rebecca L. Raftery Angel L. Reyes III Michael K. Isenman Fundraising Committee: Kevin V. Recchia Adam C. Sloane Mark G. Johnston Louise S. Brock; Marisa Toso Andrew C. Richner Michael T. Kay $1,000 to $2,499 Brown; Richard Earle Charlton III; Nancy G. Rubin John M. Kennedy Carla Folz Brigham Drew N. Grabel; Ross Romero; Devin S. Schindler Robert J. Kilgore Johan V. Brigham Jeffrey C. Torres; Adriana V. Jeff E. Scott Margo S. Kirchner Amy E. Kosnoff Vlasic Robin L. Shaffert Joseph Z. Kowalsky Ann I. Mennell Participation Committee: Edward H. Shakin Mi Young Lee Robert R. Ouellette Carrie J. Fletcher; Christine Keith A. Shandalow Scott C. Lewis Gregory; Richard J. Mrizek; Cynthia J. Sherburn $1 to $999 Martin D. Litt Maureen E. Sweeney; Jessica Joseph E. Slater M. Suzanne Anderson Bernard T. Lourim Toll Sheila M. Spalding Blakney John L. Aris Paul R. Maguffee Bradley M. Thompson Charles P. Bacall Sarah R. Maguffee LSF Gifts and Pledges ...$86,721 Mark D. Toljanic Pamela Lee Barkin Philip S. McCune Total Class Giving $87,691 Mary K. VanderWeele William B. Batzer Barbara L. McQuade $10,000 and above Susan L. Vogel-Vanderson Jean T. Brennan David A. Moran David B. Cade R. Jeffery Ward Anne T. Breuch Edurne Navarro-Varona Adriana V. Vlasic Jean MacDonald Weipert Joan Kooistra Brush Jill D. Neiman James J. Williams William R. Burford Charles V. O’Boyle $5,000 to $9,999 Milton L. Williams Jr. Troy M. Calkins Haruko Ozeki David Arroyo Clinton E. Cameron Eunice Park Laurice Z. B. Arroyo Michael G. Canaras Carl R. Pebworth Drew N. Grabel CLASS of 1991 James M. Carlson Michael T. Pfau Jesse S. Reyes 15th Reunion Catherine Coffey Jeffery J. Qualkinbush Maureen Sweeney Andrew M. Cohen Molly Reilly $2,500 to $4,999 Fundraising Co-Chairs: Robert Elizabeth Schuler Cohen Craig E. Samuels Heidi Betz J. Borthwick; Kevin T. Conroy Sergio D. Costa Laralyn M. Sasaki Travis Richardson Participation Chair: Barbara L. Lisa A. Crooms Stephen L. Scharf Ross Romero McQuade Lynn Williams Davenport Craig T. Smith Committee: David K. Callahan; Edward T. DeLaLoza Vanessa L. Smith $1,000 to $2,499 Michael R. Carithers Jr.; Kathryn Dessayer Whittaker Sarah J. Somers Louise S. Brock Michael F. Colosi; Theodore E. Kathryn T. Ditmars Kraig S. St. Pierre Marisa Toso Brown Deutch; Laura J. Hines; Michael Diane Lamon Dorsey Jennifer Lee Taylor Richard Earle Charlton III J. Lawrence; Martin D. Litt; Anthony J. Feldstein David M. Thimmig Carol E. Dixon Christopher D. McCleary; Angel Ora T. Fisher William G. Tishkoff Daniel P. Ginsberg L. Reyes III; Adam C. Sloane; James A. Flaggert Sadhna G. True Bryan Hales Dehai Tao; Albert L. Vreeland II Steven C. Florsheim Matthew T. VandenBosch Catherine E. Maxson LSF Gifts and Pledges ...$90,027 Eran N. Gasko Kristopher L. Wahlers Eric M. Sherman Total Class Giving ...... $91,247 Robert J. Gilbertson Christopher A. White Erik S. Stamell Steven F. Ginsberg Samuel C. Wisotzkey Jeffrey C. Torres $10,000 and above Bridget T. Gonder Emily J. Wolfe Thomas P. Ward James T. Grant Mark A. Gottlieb Frank H. Wu $500 to $999 Elizabeth A. Grossman $5,000 to $9,999 Susan Mosser Caperton Scott M. Hare David K. Callahan Jason A. Crotty Albert L. Vreeland II Kenneth A. Hill Jr.

46 LQN SPRING 2007 Reunion attendees enjoy a moment together before the featured A quiet moment revisting the halls of Hutchins. speaker’s Saturday morning talk.

Michael DuBay Jeffrey A. Rossman George A. Avila Chad O. Langley Timothy M. Devlin Allison M. Ryan Ryan F. Bloom Richard LeBrun Deborah L. Hamilton Stephanie Schmelz Shayna S. Cook Nicole M. Lucier Berlin Madison Daniel Shenkman Kevin M. Costantino Scott A. Martin Jong-Koo Park Randall L. Shoemaker Elizabeth H. Goldman Kelly M. Mathews Heather J. Stewart Aubrey D. Smith Daniel J. Kelly Frederick L. McDonald II Grant S. Sovern Robert A. Mikos Bonnie Schroeder McGuire $1 to $499 Trent J. Taylor Kelly O’Donnell Joshua A. McGuire Kristy L. Allen Michael J. Thomas Mark W. Pletcher Rebecca Min Carol J. Banta Jessica Toll F. Matt Ralph Yung Joo Oh Benjamin H. Barton David L. Trygstad Michael J. Riela Gerald S. Ohn Jennifer Z. Belveal Joseph P. Wallace Amy L. Harwell Sankaran Jasmine C. Patel Kincaid C. Brown John E. Wise Vivek S. Sankaran Julia H. Powell Jeff E. Butler Jared M. Wolff SallyJean Tews Caroline A. Reckler Nathaniel Cade Jr. Kathryn S. Wood Eric E. Reed Amy O’Meara Chambers $500 to $999 Cristina W. Ritchie Thomas B. Cochrane Thomas N. Blanchard Jessica Gibson Rosen Maria Comninou Jason H. Casell CLASS of 2001 Jacob Russin Daniel P. Dain William P. Johnson Felix Saratovsky Lisa R. D’Avolio 5th Reunion Angelica M. Ochoa Co-Chairs: Howard W. Burdett Jennifer L. Saulino Kate DeVries Smith Sarah M. Riley Jr.; Elizabeth H. Goldman; Sarah Neal E. Sawatzke Chuck E. Duross Linda Maria V. Wayner Shannon N. Scheloske Anna L. Francis M. Riley; Marcela D. Sanchez $1 to $499 Charu J. Shah Beth Fulkerson Fundraising Committee: Guido G. Aidenbaum Wei Shen Matthew B. Gatrell Thomas N. Blanchard; Kevin Michael J. Alef Rebecca L. Sipowicz Stephanie J. Gold M. Costantino; Joseph E. Giles; Monica Beck Jo Ann K. Slater Eric P. Gotting Daniel J. Kelly; Kelly O’Donnell; Kristen M. Beutler Joshua M. Smith Katherine H. Han SallyJean Tews Miriam Bitton Judd Spray Kristin Ann Hermann Participation Committee: Eve L. Brensike Caroline L. Stevens Paul J. Huff George A. Avila; Eve L. Brensike; Steve Bressler Theodore H. Swanson John C. Hutt Catherine T. Dobrowitsky; Jami Nakisha N. Chaney Scott D. Thompson Matthew B. Kall A. Gekas; Laura E. Kacenjar; Susy Chen Bonnie H. Walker Naomi F. Katz Robert A. Mikos; Angelica M. Jean-Marc Corredor Seth F. Wilkinson Margery Siegel Klausner Ochoa; Bryce C. Pilz; Amy L. Sarah A. Deyoung Zahraa V. Wilkinson Tamas I. Kovacs Harwell Sankaran; Margaret J. Paul A. Diller Jonathan Witmer-Rich Peter J. Krumholz Schneider; Joshua M. Smith Catherine T. Dobrowitsky Stephen M. Kuperberg LSF Gifts and Pledges ...$56,210 Danielle M. Donaldson Correction to the most recently Ariana R. Levinson Total Class Giving ...... $56,785 Paul J. Dutton published Report of Giving (July Anne R.K. MacIver Aaron A. Fate 1, 2005-June 30, 2006): Nathaniel M. Marrs $10,000 and above Allison A. Fink We regret that we omitted Yoko Masuzawa Deborah A. Haase Cristen S. Frankel Jeffrey*, ‘75, and Susan Liss Brad Miller $5,000 to $9,999 Todd A. Frankel from the $25,000 to $49,999 Richard J. Mrizek Howard W. Burdett Jr. David P. Giles category in Leadership Giving Francis X. Neuner Brian C. Gruber (page 7). We apologize for the Paul J. Niewiadomski $2,500 to $4,999 Scott W. Hairston error. Richard A. Norwitt Joseph E. Giles Julianne M. Hartzell Eric R. Phillips Tirrell J. Paxton Sungjin Kang * Deceased Andrew P. Pillsbury Marcela D. Sanchez Sarah P. Kelly Suzanne J. Prysak $1,000 to $2,499 Kristopher Kiel Lauren B. Raphael John A. Amash Peter Kleinhans

LQN SPRING 2007 47 ALUMNI Michigan Law IN DETAIL alumni directory work approaches completion 48 Michele Coleman Mayes, ‘74: ‘You have to be agile...’

48 Michigan Law alumni directory work Compilation of the information that graduates have approaches completion provided for the new Michigan Law alumni directory has been completed. 49 Brian O’Neill, ’74: The wheels of justice are stuck Harris Connect Inc., which is producing the directory for the Law School, will be distributing purchased copies of 50 New Dean’s Advisory Council the directory by mid-summer. 52 Randall Mehrberg, ‘80: ‘We like to be involved The new directory, the Law School’s 11th, contains in our community’ a wealth of information about Michigan Law’s 20,000 graduates, including name, graduation year, work affilia- 53 AALS honors Karima Bennoune, ‘94 tion, legal practice area, and e-mail addresses where made available. In addition to letting you search for an individual 54 Hartmann, ‘75, becomes CEO of Miller Canfield graduate, the directory will group classmates and other graduates by class year, geographic area, and/or profes- 54 Chan, ‘98, named Hawaii’s commissioner of securities sional practice specialty. 55 Kozolchyk, LL.M. ‘60, S.J.D. ‘66, honored in Mexico, U.S. Accurate compilation of such a massive amount of data is a huge and rigorous undertaking that takes many 56 Law School grads help ease Pfizer departure impact months to complete. Work on the directory began last summer when a letter from Dean Evan H. Caminker went 57 CLASSNOTES out to all graduates explaining the project. In October, 67 In Memoriam reminders were mailed to those who had not yet updated their information and alumni were given the opportunity to order a directory. Throughout the process the goal has been to make the directory “as comprehensive as possible,” notes Caminker. “The directory will become an invaluable resource for your professional life as well as for maintaining and renewing Michigan Law School friendships from your class year and in your part of the world,” Caminker says. It is very important to note that all Law School alumni will appear in the directory, and online through our password protected “Alum Network,” unless exclusion has been specifically requested. The online directory informa- tion will be available at the end of the summer and will ONLY be accessible to Law School alumni, faculty, staff, and students. Please watch your mail for information on logging onto the system. General Counsel—“You have to be agile in your career. Sometimes opportunities will look for you. Sometimes you need to create them,” NOTE: Alumni biographic information that appears in the Law Michele Coleman Mayes, ’74, senior vice president and general School directory may also appear in other forms made available to counsel of Pitney Bowes, explains as she traces the career path that Law School alumni, faculty and staff, and students only, including has made her one of the small number of African Americans who have printed subsets by class, region, etc., in addition to on the internet become general counsels of major American corporations. A veteran of the litigation that followed the merger of Burroughs and Sperry in the password protected “Alum Network,” accessible only to Law corporations into UNISYS, she also served more than five years as School alumni, faculty and staff, and students. an assistant U.S. attorney in Detroit and Brooklyn, and as a lawyer and eventually vice president, deputy general counsel, and assistant secretary with Colgate-Palmolive Company.

48 LQN SPRING 2007 Brian O’Neill, ‘74: The wheels of justice are stuck

Brian O’Neill, ’74, never expected at a reasonable pace. The verdict: $286 justice’s wheels to spin freely. But he million in compensatory damages and cannot abide the disillusioning tease of $5 billion in punitive damages against starts and fits that has moved his most Exxon. celebrated case at barely glacial speed After that the case bogged down at since it was filed in 1989. the U.S. Court of Appeals for the Ninth His case is on behalf of more than Circuit, while history moved along 32,000 people harmed by the grounding elsewhere: The United States invaded of the Exxon Valdez in Alaska’s Prince Iraq in Operation Desert Storm; Bill William Sound in March 1989, a mis- Clinton survived impeachment and navigation that split the 987-foot hull finished his eight years in the White and spilled 11 million gallons of crude House; the U.S. Supreme Court decided oil into the frigid, pristine waters of the 2000 presidential election; and the the sound, O’Neill told an audience of U.S. invaded Iraq a second time, deposed Michigan Law graduates at their reunion leader Saddam Hussein, and found itself late last fall. Within half a day the oil had three years later hoping that a surge in spread 600-700 miles, he said, a distance U.S. troop numbers could calm Iraq’s equal to that from San Francisco Bay to sectarian warfare and give the fledgling the northern end of Puget Sound, and government there the opportunity to within two months fisheries in the area establish order. were forced to shut down. Citing U.S. Supreme Court decisions years. His involvement, he reported, has A total of more than 32,000 people in 1996, 2001, and 2003 affecting led him to a number of conclusions: were harmed by the spill, according to the ratio of punitive to compensatory vOn the environment: “Once oil is O’Neill, former defense specialist with damages, the Appeals Court three times spilled it can’t be cleaned up. Cleanup Faegre & Benson in Minneapolis who has remanded the Exxon-Valdez damages money should be spent on prevention.” Exxon-Valdez took onto the offensive case back to the trial court, which v The long-term impact of oil is (he now heads his firm’s litigation substantially has affirmed its original unknown and surprising: “Apparently group). That was spring 1989, the year ruling, plus interest. Most recently, the it doesn’t hurt salmon but it devastates that the Berlin Wall came down. case returned to the Appeals Court on herring.” By 1991, the year the Soviet Union January 27, 2006; no decision had been vOn lawyers: “I am amazed that a small dissolved, the hundreds of lawsuits announced yet when O’Neill addressed group of lawyers could put in more than from the accident were consolidated. Michigan Law graduates at their reunion $200 million on behalf of clients. How Discovery proceeded until 1993, with last November, 10 months later. many people would invest that much attorneys collecting more than 14 By then, O’Neill reported, some time and money?” million documents and more than 1,000 3,000 of his clients had died, divorced, vOn clients: “Clients deserve settle- depositions. By May 1994, however, the or tried to move elsewhere and/or ments within their lifetime. I’ve got Ninth Circuit had not yet ruled if the establish new livelihoods. Many were more than 3,000 clients now who are case should go to federal or state court, fishermen, and they simply could not dead.” so attorneys took it into U.S. District withstand the kinds of payment delays vOn disasters: “People react differ- Court in Alaska. There, O’Neill said, that the repeated appeals and remandings ently to manmade disasters than to U.S. District Judge H. Ross Holland, have caused, he said. natural disasters. Judicial settlement of ’61, and attorney Ron Olson, ’66, of For O’Neill and others involved in manmade disasters is necessary. In this Munger, Tolles & Olson in Los Angeles, the case, pressing for damages for their case the system has failed to do any of representing a number of oil companies clients has been a labor of professional the things it is supposed to do.” other than Exxon, moved the trial along and personal dedication over the past 18 Continued on page 54, see “O’Neill”.

LQN SPRING 2007 49 New Dean’s Advisory Council links Michigan Law, legal profession

The Law School last year formed its “The Committee of Visitors was to curriculum, communications, student new Dean’s Advisory Council, a group wonderful for the Law School for many recruitment, legal training, finances, of distinguished alumni volunteers years in many ways,” said Caminker. “Each faculty recruitment and retention, and who provide counsel to the dean from advisor was useful, but as the committee’s best practices, among other concerns. numbers grew over time, the body itself became too unwieldy. It became impera- tive to find a way to form a smaller and Elizabeth M. Barry, ’88 Richard W. Pogue, ’53, much more stable group.” Chair At the time the Committee was dissolved last year, its membership had swelled to more than 240 members and emeritus members—“too large a group,” perspectives largely outside academia. Council members will serve three- explained Caminker, “to constitute a With their knowledge of how legal year terms, renewable at the dean’s functional advisory committee that could education translates into practice, and discretion. It is expected that up to six actually deliberate and discuss issues of of ongoing changes in the profession, new members will be added each year, concern.” council members are well qualified to with members rotating off the board as offer insights on some of Michigan Law’s their terms end. most pressing challenges. In addition to meeting annually in the fall and being available for consulta- In its inaugural meeting on campus Robert E. Hirshon, ’73 October 6-7, 2006, the 17-member tion throughout the year, members will group addressed several issues of also serve as ambassadors for the Law immediate concern, including how to School in legal, corporate, and academic position the School for the future in communities; cultivate relationships a highly competitive environment for By design, the new council is diverse between these communities and the faculty and students, the American Bar with respect to professional background, Law School; and endorse Law School Association accreditation process, and experience, and geography, and includes proposals when called upon. the impact of Proposal 2 (the Michigan firm practitioners, corporate counsel, Civil Rights Initiative)—all of which are non-lawyer business persons, public servants and government officials, as well likely to be ongoing topics. Yoichiro Yamakawa, “I thought it was a terrific meeting,” as academic leaders. MCL ’69 said Dean Evan Caminker. “We tackled a “I think it’s an excellent group, with number of issues that are very important great dedication to the task,” says the to the Law School at this moment.” council’s chair, Richard W. Pogue, ’53, The council replaces the Committee of Shaker Heights, Ohio, currently Pogue is adamant that the council’s of Visitors, the alumni body formed in advisor/consultant to Jones Day and central purpose is “strictly to be of 1962 that previously served the Law former managing partner of the firm. advice and counsel to the dean” and School in an advisory capacity. Caminker and Pogue expect the that his role as chair is largely that of council to be engaged with issues related facilitator.

50 LQN SPRING 2007 A study in concentration as they listen intently: Dean’s Advisory Council members at their first meeting last fall at the Law School. Dean Evan Caminker and As- sistant Dean for Admissions Sarah Zearfoss, ’92, addressed the council.

“I don’t have a major role,” he says. “This is the dean’s show, and I’m here to be sure that the meetings flow smoothly and that everyone who wants to be recognized is heard.” In addition to Pogue, council • Robert E. Hirshon, ’73, of • Barbara Rom, ’72, of Bloomfield members for 2006-2007 are: Portland, Oregon, chief executive officer Hills, Michigan, a partner with Pepper • Elizabeth M. Barry, ’88, of Ann of Tonkon Torp and a former president Hamilton and the partner in charge of Arbor, managing director of the Life of the American Bar Association. the firm’s Detroit office. Sciences Institute at the University of • Barrie Lawson Loeks, ’79, of Michigan. Grand Haven, Michigan, president • Bruce P. Bickner, ’68, of Sycamore, and co-owner of Loeks & Loeks Illinois, retired chief executive officer of Entertainment. Barbara Rom, ’72 Dekalb Genetics Corporation and chair • Randall E. Mehrberg, ’80, of of “Building On: The Campaign for the Chicago, executive vice president, chief University of Michigan Law School.” administrative officer, and chief legal and ethics officer of Exelon Corporation. • Mary E. Snapp, ’84, of Seattle, vice (See story on page 52.) president for law and corporate affairs for Microsoft, where she is also deputy Debra F. Minott, ’79 • Debra F. Minott, ’79, of Carmel, Indiana, director of the Indiana State general counsel for product develop- Personnel Department and a member of ment and marketing. Governor Mitch Daniels’ cabinet. • A. Paul Victor, ’63, of New York • Alberto A. Muñoz II, ’74, of City, a partner with Dewey Ballantine. Edinburg, Texas, president of Alberto A. • Yoichiro Yamakawa, MCL ’69, of • John A. Denniston, ’83, of Menlo Muñoz II. Tokyo, a partner with Koga & Partners. Park, California, a partner with Kleiner • Brian B. O’Neill, ’74, of Perkins Caufield & Byers. Minnetonka, Minnesota, a partner with • Sally Katzen Dyk, ’67, of and head of the litigation group of Faegre Washington, D.C., currently a public & Benson. (See story on page 49.) interest/public service faculty fellow at • Richard E. Rassel, ’66, of Michigan Law and a visiting professor at Birmingham, Michigan, a partner with several institutions. and head of global client relations for • Robert B. Fiske Jr. ’55, HLLD ’97, Butzel Long in Detroit. of Darien, Connecticut, a partner with Davis Polk & Wardwell.

LQN SPRING 2007 51 Randy Mehrberg, ‘80: ‘We like to be involved in the life of the community’

When you visit Millennium Park the creation of Millennium Park.” in Chicago—the 24.5-acre park and “In a matter of months” Gilfoyle adjacent lakefront public spaces are explained, “Randy Mehrberg had magnets for Chicagoans and visitors accomplished a feat that had stymied alike—thank Randall E. Mehrberg, ’80. generations of city officials for more With its Jay Pritzker Pavilion, Lurie than a century: He enabled the city to Garden, Cloud Gate, Crown Fountain, regain control of the prime downtown, solar-powered Exelon Pavilions, and lakefront land that was ostensibly owned other features, the area is a far cry from by the Illinois Central Railroad.” the railroad yards it had been for more Such effort on behalf of the public than a century. and his community is standard operating Randall Mehrberg ’80, with the It was Mehrberg’s curiosity—he procedure for Mehrberg, currently Judge Learned Hand Human wondered why railroad employees executive vice president, chief adminis- Relations Award. parked for free in the area adjacent to trative officer, and chief legal officer for Michigan Avenue, but the Illinois Central Exelon Corporation, whose 5.5 million of the legal profession,” Ron Gidwitz, did not build on the site or sell it—that gas and electricity customers in Illinois AJC’s Chicago campaign chairman, said led him to dig into land titles and bring and Pennsylvania and $52 billion market in presenting the award. The award is to light that the railroad did not own this cap make it the largest electric utility in named after the legendary senior judge of prime downtown land. It only had an the United States. the U.S. Court of Appeals for the Second easement to use the space for railroad As Exelon’s general counsel, Circuit from 1924-51. purposes. Mehrberg developed the firm’s pro “It humbles me and reinforces my No rail use, no easement, and the land bono program, an effort the Pro Bono commitment to the legal profession,” goes back to the city. Institute reports is unique in the country. Mehrberg said of the award. “It’s nice to That was the mid-1990s, and “Over half of our lawyers did pro bono step back once in a while and take stock.” Mehrberg was on leave from Jenner work in 2006,” according to Mehrberg. “Without electricity, nothing in & Block to serve as lakefront director “Our lawyers and staff have engaged in modern society works,” Mehrberg and general counsel for the Chicago a wide range of activities, from helping explained. “As a company we like to be Park District. In spite of his discovery, homeless people get birth certificates involved in the life of the community. We however, Illinois Central was unwilling in Philadelphia, to helping a seriously ill get involved in so many different things to give up the land. As a result, the city woman get a life-saving organ transplant, . . . . We are very actively involved in sued the railroad. to assisting immigrant survivors of primary schools and secondary schools, But when the Canadian National domestic violence and sexual assault in and have adopted a number of schools in Railway made known its desire to buy obtaining legal immigrant status.” Last Philadelphia and Chicago.” the Illinois Central, Mehrberg used the year Exelon and its employees gave away On a personal level, Mehrberg has Canadian line’s move to convince Illinois more than $37 million to nonprofits, he actively tutored and mentored inner city Central that donating the land to the reported. Chicago children since 1988. city earned it a welcome tax deduction Last fall the Chicago chapter of the “We also focus as a company on the and simultaneously improved the selling American Jewish Committee (AJC) environmental side,” he continued. “We price. Eventually, he influenced Illinois honored Mehrberg for such work buy as much energy as possible from Central to hand over all of its land from with its Judge Learned Hand Human landfills. The Exelon Pavilions (Welcome the proposed Millennium Park south to Relations Award. More than 450 people Center) in Millennium Park are solar McCormick Place. attended the presentation banquet, panel clad, and have interactive displays. This “single, little-known event,” whose honorary chairmen were Gov. We gave about $5-$6 million out of the Timothy J. Gilfoyle recounted in Creating Rod Blagojevich and Chicago Mayor solar fund. I wanted to do something a Chicago Landmark: Millennium Park, Richard M. Daley. that ties in with what we do [as a utility “thrust into motion the forces leading to “Randy Mehrberg represents the best company] and also be environmentally

52 LQN SPRING 2007 AALS honors Karima Bennoune, ‘94 friendly.” Mayor Richard Daley’s City Michigan Law graduate Karima Hall rooftop garden is funded by Exelon. Bennoune, ’94, associate professor of Mehrberg also is deeply involved law at Rutgers School of Law-Newark in Law School activities. A member and one of a small number of scholars of the former Committee of Visitors, of Arab and American descent in the he sits on the newly-created Dean’s American legal academy, has received Advisory Council, which serves as a the Derrick A. Bell Jr. Award for 2006 sounding board from the legal profession from the Association of American Law and counsel to Dean Evan Caminker. Schools’ (AALS) Section on Minority (See story on page 50.) Mehrberg led Groups. efforts to bring together some 65 major The annual award is named for New corporations as signatories to a U.S. York University Law School Professor Supreme Court brief he and his Jenner & Derrick Bell, the first tenured African Karima Bennoune, ’94, and AALS Block colleagues authored in favor of the American on the Harvard Law School Minority Groups Section Executive Law School’s and University’s admissions faculty. It is given to a junior faculty Committee Chair David Brennen at the policies when they were challenged member who, through activism, presentation of the Derrick A. Bell Jr. Award. (Photo courtesy of Association of for using race as one of many factors in mentoring, colleagueship, teaching, and American Law Schools) making admissions decisions. scholarship, has made “an extraordinary In 2005, he and his wife, Michele contribution to legal education.” M. Schara, with matching funds from Bennoune, who earned her J.D. cum teaches International Law and a Just his employer, established the Randall laude and her M.A. in Middle Eastern World Order, International Human E. Mehrberg and Michele M. Schara and North African studies in a dual Rights, International Law & Terrorism, Fund for Public Service in Honor of degree program, received the award in and International Women’s Human Susan M. Eklund, ’73, to guarantee January at the AALS Annual Meeting in Rights. Her writing has appeared in continued funding for the public service Washington, D.C. the American and European Journal of component of Michigan Law’s orienta- “To be an Arab-American law International Law, the Michigan Journal tion programs for new students. Eklund professor in 2007 is to be watched, or to of International Law, the U.C. Davis served for 20 years as the Law School’s have the sense of being watched, all the Journal of International Law & Policy, and dean of students before assuming her time,” Bennoune noted in her acceptance elsewhere, and she maintains an active current post as dean of students for the remarks. “To be an anti-racist, anti- international schedule of lectures on University. fundamentalist, feminist, secularist Arab- human rights, women’s rights, interna- “I love the Law School,” Mehrberg American law professor, and a half-breed tional law, and terrorism. explained. “I’m very grateful to the Law to boot, is to be watched from all sides Bennoune is a member of the boards School for so many reasons. I don’t like at once. One’s greatest fear is always of of Amnesty International—USA and the the phrase ‘giving back.’ It’s presump- being misunderstood. This is why the Center for Constitutional Rights, and has tuous. The Law School has provided Minority Groups Section bestowing this been a human rights consultant to the so much opportunity to so many in a award on me is not only an honor, but Soros Foundation and UNESCO. collegial environment. It gave me the also for me serves, as Derrick Bell once “Through her teaching, scholarship, foundation and the education for my described the essence of critical race and advocacy, Karima Bennoune has career, and people who continue to be theory writing, ‘to communicate under- advanced understanding of issues of my best friends. First among them is my standing and reassurance to [a] needy concern to Arabs and Muslims and wife, who I met at Michigan. A large soul . . . trapped in a hostile world.’” furthered the inclusion of more diverse part of my life is there.” A frequent participant in programs voices in international justice forums,” at Michigan Law, Bennoune has been in said Rutgers School of Law Dean Stuart residence here both as a visiting scholar L. Deutsch. and a visiting professor. At Rutgers, she

LQN SPRING 2007 53 Michael W. Hartmann, ‘75, Tung Chan, ‘98, becomes CEO at named Hawaii’s Miller Canfield commissioner of securities “O’Neill”, continued from page 51.

vOn faith in the system: “[We have] Michael W. Hartmann, ’75, a partner Tung Chan, ’98, has become commis- 32,000 customers of the Court of and commercial litigation specialist with sioner of securities for the State of Appeals. Most of them think the Ninth Miller, Canfield, Paddock and Stone Hawaii. She previously had been Circuit Court of Appeals is either inept PLC, has been named the 155-year-old assistant general counsel with New or crooked. They’re angry.” firm’s chief executive officer. Hartmann York-based New York Life Insurance vOn judges: “Making these observations joined the firm in 1975 and has been Company, where she had been employed makes me uncomfortable. For 32 years chair of its manage- since 2004. I have been an officer of the court, and I ment board for the As securities commissioner, never have criticized the judiciary. In this past three years. Chan heads the business registration case they haven’t done their job. Open “Globalization division within Hawaii’s Department and direct criticism may be the only is changing the of Commerce and Consumer Affairs control we have over the judiciary.” practice of law (DCCA). She is responsible for securi- The case, he said of his clients, should and creating new ties compliance and enforcement and be decided on the law as it was at the opportunities and also oversees corporate filings, including time the case was brought. The courts challenges for our the registration of new businesses. should not be using 1996, 2001, and clients,” explained DCCA Director Mark Recktenwald 2003 cases to decide a 1980s case. “It’s Hartmann. “Our cited her “extensive experience in little wonder that they are angry,” he said success depends on our ability to securities and corporate law” as “a great of his clients, “and I think we all should promptly solve our clients’ legal asset to the department and to Hawaii’s be angry about it.” problems in a cost-effective manner in consumers.” this ever-changing world. I am excited “Promoting and honored to take on this important sound securities role.” practices, making Hartmann has been listed in the business registra- commercial litigation section of the tion more efficient, last seven editions of The Best Lawyers in and expanding America, and last year he also was listed investor education in the litigation section of Michigan Super are all critical to Lawyers. sustaining a healthy Hartmann succeeds Thomas W. Lin, business environment in Hawaii,” noted who served eight years as CEO and 12 Chan, who also has practiced with years as a managing director. Established Cleary, Gottlieb, Steen & Hamilton, in 1852 in Detroit, Miller Canfield where she specialized in securities today has more than 350 attorneys offerings and financing transactions. and maintains offices in Detroit and In addition to her work with New elsewhere in Michigan, Florida, New York Life and Cleary Gottlieb, Chan York, Canada, and Poland. has worked as a law clerk with the U.S. 10th Circuit Court of Appeals and the Constitutional Court of South Africa. She also served as a summer law clerk for U.S. Federal District Court Judge David A. Ezra in 1996 in Honolulu.

54 LQN SPRING 2007 Boris Kozolchyk, LL.M. ’60, S.J.D. ’66, honored in Mexico, U.S.

Boris Kozolchyk, LL.M. ’60, S.J.D. Law Center . . . is performing an act International University to examine ’66, the founding director of the of justice in placing his name on the the growing trade relationship between National Law Center for Inter-American Center’s building. . . . Some day the Latin America and Asia. Also, this year’s Free Trade (NLCIFT) and a renowned complete story will be written about Annual Survey of Letters of Credit Law & expert on banking law, has been doubly this jurist and exceptional human being Practice is being dedicated to Kozolchyk recognized for his decades-long work on who has done so much in the field of and was presented to him at the annual behalf of free trade. law for the progress of the region, the meeting of the Institute of International Last fall the Legal Research Institute development of neighboring countries Banking Law & Practice in early March at the Guadalajara, Mexico, campus and others that are distant, and the study in Miami. of Instituto Technologia Estudiantes of the best solution for the inhabitants Superiores Monterey (ITESM), was under civil and common law in our named for Kozolchyk, as was the America.” campus’ chapter of the Mexico/U.S. vFrom Tucson Mayor Bob Walkup: Student Bar Association. And at “Boris Kozolchyk has played a critical its annual meeting last December, role in improving economic, legal, and NLCIFT’s own building on the campus cultural exchange between Tucson and of the University of Arizona also was our international neighbors.” named the Boris Kozolchyk Building. vFrom Assistant Legal Adviser David Founded in 1992, NLCIFT is located P. Stewart, who directs the U.S. at Arizona’s James E. Rogers College of State Department’s Office of Private Law, where the Cuban-born Kozolchyk International Law: “Here in Washington, is the Evo DeConcini Professor of Law. we place particular value on the unique “Today is a very special day—we honor relationship which has been forged our founder, leader, and inspiration by between the Center and the Office of naming this building the Boris Kozolchyk Private International Law—it is no exag- Building, a very fitting tribute,” NLCIFT geration to describe it as the best kind board chairman Philip A. Robbins said of public-private partnership one can at the December 8 dedication ceremo- imagine in the pursuit of shared goals.” nies. Fronted by a circle of the flags of In addition, Kozolchyk’s new book, NLCIFT founder and director Boris Western hemisphere countries, the Contratacion Comercial en el Derecho Kozolchyck, LL.M. ’60, S.J.D. ’66, at the dedication of the center’s Boris 11,000-square-foot building received a Comparado (Commercial Contracting in Kozolchyck Building. “In expressing my 2005 Design Award from the Southern Comparative Law), is drawing favorable gratitude to the NLCIFT’s board for the Arizona Chapter of the American comment in Spain and Latin America naming of this building, I humbly pray Institute of Architects. for its innovative linking of commercial for preservation of the mission that it so Attended by representatives of state contracts and economic development. handsomely and lovingly houses,” Kolzol- chyk said. (Photo courtesy of NLCIFT.) and congressional officials, the dedica- Last fall, Kozolchyck delivered the tion drew a host of congratulatory keynote address at the debate/forum messages. Among them: “Latin America Looks East—Issues, vFrom Raul Anibal Etcheverry of the Trends, and Progress in the Global Etcheverry Foundation for International Economy” in Miami, sponsored by Research and Studies, NCLIFT’s sister the Federal Reserve Bank of Atlanta, center in Argentina: “The National the University of Miami, and Florida

LQN SPRING 2007 55 Law School grads help ease Pfizer departure impact

Two Michigan Law graduates quickly campaign, Southwest Michigan First came to the front line when Miller, estimates that more than 200 scientists Canfield, Paddock, and Stone, PLC stayed in Kalamazoo, nearly 75 are announced that it would offer free running their own business or working legal assistance to help Ann Arbor and for start-ups, and more than two dozen southeast Michigan recover from the new businesses have been launched. imminent departure of the pharmaceu- “A strong legal foundation is very tical giant Pfizer. important to a new business’ success Pfizer announced in accessing growth capital,” explained in January that it will VanHemert, who has more than 20 years close its Ann Arbor experience in corporate financings, facilities next year, governance and securities issuances, and taking more than mergers and acquisitions. “Our goal is 2,000 jobs with it. to help emerging technology companies The announcement establish that foundation while control- added to the already ling their organizational stage legal staggered Michigan costs—all in anticipation of meeting the economy, weakened expectations of subsequent investors, Paul Dimond, ’69 by recent news of lenders, and other constituencies.” huge losses in profits and market share Dimond, a former special assistant to by Ford and General Motors. President Clinton for economic policy Miller Canfield announced that and former director of the National it would offer free legal services to Economic Council, called the Pfizer incorporate and organize qualified departure a wake- start-up ventures, and that in some cases up call and cited it also will offer discounted or flat-rate the great benefit packages for intellectual property work. provided by the Paul Dimond, ’69, senior counsel in U-M’s location at Miller Canfield’s Ann Arbor office, said Ann Arbor. there is a need in the area to “welcome “With the and to support entrepreneurship.” University For that effort, the firm added highly of Michigan, regarded corporate and finance partner one of the top Michael VanHemert, ’83, to its Ann 10 research Michael VanHemert, ’83 Arbor office in the reorganization of its universities in venture and technology practice. the world, as our anchor, Ann Arbor is The firm also transferred two uniquely positioned to generate, attract, veterans of its similar, earlier program and retain talent and new inventions. at Kalamazoo to its Ann Arbor office. These are the two ingredients essential In that effort, Miller Canfield had made to thriving in the increasingly global pro bono services available in 2003 in knowledge economy. Pfizer’s pull-out is southwestern Michigan when Pharmacia a wake-up call to all of us that we need closed its facilities and area jurisdic- to welcome and to support entrepre- tions responded by launching the “Stick neurship, starting with ex-Warner- Around” campaign to help ex-Pharmacia Lambert, Parke-Davis, and now Pfizer workers remain in the Kalamazoo researchers who want to stay in Ann area. At least partly as a result of that Arbor and see their inventions come to fruition right here.” 56 LQN SPRING 2007 CLASSNOTES From top: Webb A. Smith, ’63; William B. Dunn, ’64; Ronald J. Santo, ’65

1958 1966 Wilbur McCoy Otto, of Fred J. Fechheimer, of E. Edward Hood, member Dickie, McCamey & Chilcot PC, Dykema in Bloomfield Hills, has of the litigation practice group was recognized by his peers for been named in the Real Estate at Dykema in Ann Arbor, has inclusion in the 13th edition of Law category in The Best Lawyers been named in the Commercial The Best Lawyers in America 2007. in America 2007. Litigation category in The Best He practices insurance law, In Detroit, Lloyd A. Semple Lawyers in America 2007. He medical malpractice law, and has been included in the focuses on commercial law, libel personal injury litigation. Corporate Law category in The and slander law, and complex Best Lawyers in America 2007. civil litigation. 1963 A retired member and chair- After being a lone passenger man emeritus of Dykema, he 1967 on a 720-foot long Italian remains active with the firm and In Detroit, Dykema’s first cargo ship, Gary R. Frink has is serving as a visiting profes- woman member and leader of published more than 50 essays sor at the University of Detroit the health care practice group, about his recent voyage from Mercy School of Law, where he J. Kay Felt has been recognized northern Europe to Luanda, teaches Corporate Governance by her peers for inclusion in Angola (www.cruisin-thru- and Corporate Transactions. The Best Lawyers in America 2007. 100.com). Frink’s journey, on She has been selected in the the Republica di Genova, which 1965 Health Care Law category. discharged cargo in the African James R. Brown, of Mika Ronald L. Rose, co-leader of ports of Dakar, Senegal, and Meyers Beckett & Jones PLC in the bankruptcy practice group Cameroon, qualified him for Grand Rapids, was selected to at Dykema in Bloomfield Hills, membership in the Travelers be listed in the inaugural publi- Michigan, has been listed in Century Club, which is open to cation of Michigan Super Lawyers the Bankruptcy and Creditor- persons who have visited at least Magazine. He concentrates his Debtor Rights Law category in 100 countries. practice in municipal law and The Best Lawyers in America 2007. Webb A. Smith, a named real property law. John Sebert has been shareholder of the Michigan law Douglas J. Rasmussen is appointed executive director firm of Foster, Swift, Collins & among the attorneys located at of the National Conference of Smith P.C., has become a Fellow Clark Hill PLC’s new offices Commissioners on Uniform of the American College of Trial at 200 Ottawa Avenue NW in State Laws (NCCUSL). A Lawyers. He has been practicing Grand Rapids. national law group based law in Michigan for more than in Chicago, NCCUSL uses 40 years. Executive board member and former leader of Dykema’s more than 350 legal experts appointed by every state, the 1964 employment practice group, Ronald J. Santo of Ann Arbor District of Columbia, Puerto William B. Dunn, of Clark has been selected in the Labor Rico, and the U.S. Virgin Hill in Detroit, has been and Employment Law category Islands, to draft and promote selected as one of Michigan’s for inclusion in The Best Lawyers enactment of uniform laws Top 10 “Super Lawyers” by Law in America 2007. designed to solve problems & Politics magazine. He practices common to all the jurisdictions. real estate law and related busi- ness matters.

LQN SPRING 2007 57 From top: Michael B. Bixby, ’68; Robert D. Kaplow, ’71; H. Patrick Callahan, ’72; James H. Geary, ’72

1972 Steven H. Thai joined the cor- Selected to be in Best Lawyers in Mayor Bart Peterson has porate law department of New America 2007 is Jane Forbes appointed Baker & Daniels LLP York law firm Phillips Nizer as of Dykema in Detroit. She partner H. Patrick Callahan international counsel. He con- is named in the Non-Profit/ to a third four-year term on the centrates his practice in interna- Charities Law category and is Indianapolis Airport Authority. tional corporate and commercial a member of her firm’s health Callahan was first appointed to transactions, advising German, care practice group. the airport’s board of directors Swiss, Austrian, and other in 1999 and has served as vice European multi-national corpo- 1971 president since 2000. rations on U.S.-European cross- James P. Feeney, director of John M. DeVries, of Mika border corporate and litigation Dykema’s national litigation Meyers Beckett & Jones PLC in issues. practice in Bloomfield Hills, Grand Rapids, was selected to Michigan, has been named be listed in the inaugural publi- 1968 in several categories in The cation of Michigan Super Lawyers Michael B. Bixby, profes- Best Lawyers in America 2007: Magazine. He concentrates his sor in the College of Business Alternative Dispute Resolution, practice in civil trial law, emi- and Economics at Boise State Bet-the-Company Litigation, nent domain, natural resources University, has been selected Commercial Litigation, and law, and zoning law. as the winner of the BSU Product Liability Litigation. Howard & Howard Attorneys Foundation Scholar Award for Robert D. Kaplow, a share- PC announces that James H. Teaching for 2006. He has holder in Southfield, Michigan- Geary of Kalamazoo was named taught courses dealing with legal based Maddin, Hauser, Wartell, to Michigan Super Lawyers by a and ethical issues in business Roth & Heller P.C., has been survey of Law & Politics Media. He at BSU since 1981, and has named in the 2006 issue of Law has been named in the practice authored the textbook The Legal & Politics Michigan Super Lawyers area of civil litigation defense. Environment of Business. as a top practitioner in estate Seth M. Lloyd, of Dykema in planning and probate. 1969 Detroit, has been named in the Robert A. Stein, of Robert Health Care Law and Labor and Parker Poe Adams & Bernstein Stein & Associates in Concord, Employment Law categories in LLP attorney Donald P. Ubell, New Hampshire, has been The Best Lawyers in America 2007. of Charlotte, North Carolina, selected again for The Best He is a member of Dykema’s has been selected in the Public Lawyers in America 2007. Listed health care and employment Finance Law category in The Best in the areas of family law, non- practice groups and is the mem- Lawyers in America 2007. white collar criminal defense, ber in charge of professional and white collar criminal personnel for the firm. 1970 defense, he has appeared in the Michael D. Mulcahy, of Richard J. Erickson has been publication for more than 10 Dawda, Mann, Mulcahy & Sadler elected First Vice President, years. in Bloomfield Hills, Michigan, Montgomery (Alabama) Area has been recognized in the area Chapter, Military Officers of real estate in the 2006 edi- Association of America. tion of Chambers USA, America’s Leading Lawyers for Business. Mulcahy represents developers and buyers in the development,

58 LQN SPRING 2007 James C. Adams, ’74

purchase, and financing of retail nies against required labeling defense of employment matters centers, office buildings, and under California’s Proposition before federal and state agencies multi-use projects. 65 was cited as one of the top and courts. defense verdicts of 2006. 1973 Cameron H. Piggott, of 1976 Selected to be in Best Lawyers Dykema in Detroit, has been Selected to be in Best Lawyers in America 2007 is Kathleen named in the Real Estate Law in America 2007 is Dennis McCree Lewis of Dykema category in The Best Lawyers in M. Haffey of Dykema in in Detroit. She is named in the America 2007. He practices gen- Bloomfield Hills. He is named Appellate Law category and is eral real estate law. in the Commercial Litigation Dykema’s appellate litigation category and is the director of In 2006, Law & Politics magazine specialist. Dykema’s litigation department. named Craig A. Wolson a “New York Super Lawyer.” He Miller Johnson of Grand Rapids 1974 has also become special counsel has named Thomas P. Sarb Real estate specialist James to Cadwalader, Wickersham & chair of its business section for C. Adams has joined Butzel Taft and is the chairman of the a one-year term. Sarb, who Long as a shareholder in the Structured Finance Committee represents financial institutions, Bloomfield Hills, Michigan, of the New York City Bar creditors, debtors, creditors’ office. He previously practiced Association. committees and assets purchas- with Dykema. ers in insolvency matters, previ- Michael C. Haines, of Mika 1975 ously served as vice chair of the section. Meyers Beckett & Jones PLC in Timothy O’Neill has been Grand Rapids, has been selected named by Chicago Lawyer maga- Jerome R. Watson has been to be listed in the 2007 edition zine to its list of “Ten of the Best elected to a two-year term as of The Best Lawyers in America. Law Professors in Illinois.” He a managing director for Miller, His practice includes the general recently began his 25th year at Canfield, Paddock, and Stone, representation of established and The John Marshall Law School PLC as part of a five-person emerging energy companies in in Chicago. administration that works with Michigan. the CEO and deputy CEO to Brent D. Rector, a member of oversee all of the firm’s 16 Forrest A. Hainline III, a Miller Johnson in Grand Rapids, offices. Watson is a principal in litigator with Goodwin Proctor has been named vice chair of his Miller Canfield’s Detroit office LLP in San Francisco, recently firm’s employment and labor and a member of the firm’s labor was featured in San Francisco section for a one-year term. and employment law group. Attorney in an article headlined Rector practices in labor and “The Power of the Poet,” which employment law and also has a dealt with his poetry writing and specialized occupational safety 1977 his use of poetry and literature and health practice. James M. Elsworth, of in courtroom work; he also was Dykema in Detroit, has been Joseph A. Ritok Jr., of featured in the Los Angeles Daily named in the Trusts and Estates Dykema in Detroit, has been Journal, where his victory in category in The Best Lawyers in named in the Labor and defending canned tuna compa- America 2007. He is a member of Employment Law category in the taxation and estates practice The Best Lawyers in America 2007. group. His practice focuses on the

LQN SPRING 2007 59 From top: Jeffrey A. Sadowski, ’77; Frederic N. Goldberg, ’78; John J. McCullough III, ’79; Betty Olivera, ’80; Janet E. Lanyon, ’82

Mark A. Kehoe, of Mika Michael G. Campbell, of attorney with Harris Kessler & Meyers Beckett & Jones PLC Grand Rapids, has joined Barnes Goldstein LLC and the president in Grand Rapids, was selected & Thornburg LLP’s office as a of Victor’s Crossing, a not-for- to be listed in the inaugural partner in the business, tax, and profit organization founded to publication of Michigan Super real estate department and the promote railroad safety. Lawyers Magazine. He specializes financial institutions practice in creditor’s rights, bankruptcy, group. He is also recognized in 1982 and commercial litigation. The Best Lawyers in America 2007 Jeffrey A. DeVree, of Mika Donald W. Keim, of the and The 2007 Michigan Super Meyers Beckett & Jones PLC in Detroit office of Miller, Lawyers. Grand Rapids, was selected to Canfield, Paddock, and Stone, John J. McCullough III is be listed in the inaugural publi- PLC, was elected a Fellow of a co-author of Law and Mental cation of Michigan Super Lawyers the American College of Bond Health Professionals: Vermont, Magazine. He concentrates his Counsel. His practice encom- part of a series published by practice in tax and employee passes water, sewer, highway, the American Psychological benefits matters. and similar public financings, tax Association to provide a A partner at Goulston & Storrs, increment financings, and public resource for mental health PC in Boston, Matt Kiefer is law matters. professionals and attorneys on co-leading his firm’s representa- Howard & Howard Attorneys, mental health law in each state. tion of Harvard University in PC announces that Jeffrey McCullough has practiced with pursuing the master-planned A. Sadowski, of Bloomfield Vermont Legal Aid since 1983 redevelopment of a new campus Hills, was named to Michigan and directed its Mental Health in Allston. His practice focuses Super Lawyers by a survey of Law Law Project since 1995. on urban real estate develop- & Politics Media. He has been On December 4, 2006, Ford ment and land use law. named in the practice area of H. Wheatley was appointed Janet E. Lanyon has been intellectual property litigation. the Presiding Municipal Judge named chair of the Oakland for the City of Centennial, County Bar Association’s 1978 Colorado, by the City Council. Employee Benefits Committee. Mika Meyers Beckett & Jones Centennial is a Denver suburb She is a shareholder in Dean PLC of Grand Rapids has named which was founded in 2001. & Fulkerson’s labor practice Fredric N. Goldberg chair of group and primarily focuses her its management committee for 1980 practice on labor and employee 2007. Jonathan D. Elliot, of benefits law and litigation. Monroe, Connecticut, has Scott Mackin has become joined Zeldes, Needle & Cooper 1979 CEO of Waypoint Energy, a as counsel. He practices com- Maria B. Abrahamsen, of new energy company formed to mercial litigation and domestic Dykema in Bloomfield Hills, has acquire, develop, restructure, relations law. been named in the Health Care and manage power genera- Law category in The Best Lawyers The Jonathon Goers Award from tion assets and companies. He in America 2007. She is a mem- the DuPage Railroad Safety formerly was CEO of Covanta ber of the health care practice Council was presented to Betty Energy Corporation and manag- group. Olivera of Chicago. She is an ing partner of The Chatham Group.

60 LQN SPRING 2007 From top: John McDermott, ’82; Carolyn H. Rosenberg, ’82; Sandra Sorini Elser, ’83; Katherine A. Erwin, ’83; Mark L. Kowalsky, ’83; Marie R. Deveney, ’84

John McDermott was named Avery Williams is co-founder Michael D. VanHemert has chair of the litigation depart- of the minority-owned Detroit joined Miller, Canfield, Paddock ment at Holme Roberts & business law firm Williams and Stone, PLC as a principal. Owen LLP in Denver. He is Acosta PLLC, which celebrated His practice area is corporate in the complex commercial its fifth anniversary in January and securities law. (See story on litigation group as well as the of 2007. He concentrates his page 56.) securities litigation and regula- practice in environmental law John Vryhof, of Snell & tory practice group. and litigation, commercial and Wilmer in Phoenix, is listed in general business litigation, and Carolyn H. Rosenberg has the top 100 attorneys in the U.S. eminent domain law. been elected to the executive in Worth magazine. His practice committee of newly merged concentrates in estate planning, Reed Smith Sachnoff & Weaver 1983 international estate planning, of Chicago. She also heads the Sandra Sorini Elser, of the charitable planning, and estate Chicago office’s insurance cover- Ann Arbor office of Bodman and trust administration. age group. LLP, has been elected to a two- year term on the board of direc- Lawrence Savell, counsel at 1984 tors of the Detroit chapter of Chadbourne & Parke LLP’s New Marie R. Deveney, of Commercial Real Estate Women York office, marked the 2006 Dykema in Ann Arbor, has been (CREW-Detroit) and will also Christmas season with release named in the Trusts and Estates serve as CREW-Detroit’s mem- of his third humorous CD, category in The Best Lawyers in bership and member services Merry Lexmas from the Lawtunes. America 2007. She is a member liaison. Sorini Elser specializes Composer, producer, and of her firm’s taxation and estates in real estate and municipal law performer on the album, Savell practice group. and also is township attorney for previously released The Lawyer’s Ann Arbor Charter Township. Selected to be in Best Lawyers in Holiday Humor Album (1998) and America 2007 is D. Richard Katherine A. Erwin has Legal Holidaze (2004). Among McDonald of Dykema in become managing director the tracks on his latest CD are Bloomfield Hills. He is named in of the new Chicago office of “Another Billable Christmas,” “I the Securities Law category and Counsel On Call, the Nashville, Got a Footnote in My Stocking,” is the assistant practice group Tennessee-based firm that and “Hey, Santa, I Appeal.” leader of the corporate finance provides attorneys on an as- Further information, images, practice group. and sound clips are available at needed basis. Erwin previously www.LawTunes.com. was vice president and assistant general counsel with Nuveen 1986 Rebecca K. Troth has joined Investments. Bruce Ashley, a construction Sidley Austin LLP as pro litigation specialist with the Mark L. Kowalsky, a part- bono counsel in the firm’s Greensboro, North Carolina, ner at the Bloomfield Hills, Washington, D.C., office. She office of Smith Moore LLP, Michigan-based Hertz, Schram coordinates and participates has been named among North and Saretsky PC, has been in the firm’s pro bono activi- Carolina “Super Lawyers,” a list- named one of Michigan’s “Super ties and trains and supervises ing of the top five percent of the Lawyers” in the business litiga- new associates involved in the state’s lawyers as recognized by tion category by Law & Politics office’s wide-ranging pro bono fellow attorneys and professional in its 2006 issue of Michigan program. success. The listing appears in Super Lawyers.

61 LQN SPRING 2007 61 From top: Michael A. Weil, ’88; Lee Hornberger, ’89; Stephen J. Knoop, ’89

Super Lawyers magazine and the Michael A. Weil has joined Kenneth J. Seavoy, a share- February 2007 issue of Charlotte Jaffe Raitt Heuer & Weiss, PC holder in the firm of Kendricks, magazine. in Southfield, Michigan. He is in Bordeau, Adamini, Chilman & Senior Attorney William J. the firm’s tax practice group. Greenlee PC, has been selected Kohler has joined Butzel Long by his peers to be included in in the Detroit office. He has 1989 the 2007 edition of The Best Lawyers in America in the specialty significant leadership roles in the Clark Hill attorney Elizabeth of trusts and estates. He has firm’s transaction and finance (Jolliffe) Barton has maintained an estate planning practice, global automotive been elected to the Detroit and general business practice in industry practice, and global Metropolitan Bar Association’s Marquette for 17 years. trade and transactions practice board of directors. She con- groups. centrates her practice on civil Samuel L. Silver, of Schnader Lori McAllister, of Dykema litigation, with an emphasis on Harrison Segal & Lewis LLP in Lansing, has been named in complex commercial litigation. in Philadelphia, is a co-recipi- ent of the Philadelphia Bar the Commercial Litigation and Ann D. Fillingham, of Association’s Wachovia Fidelity Insurance Law categories in The Dykema in Lansing, has been Award for 2006. He is chair of Best Lawyers in America 2007. She named in the Public Finance the litigation department, and is general counsel of the firm Law category in The Best Lawyers his practice focuses primarily on and a member of the litigation in America 2007. She is a mem- commercial litigation. practice group. ber of Dykema’s corporate finance practice group. In New York, Robert S. Whitman has joined Seyfarth 1987 Arbitrator-mediator Lee Shaw LLP as a labor and Eric L. Garner has been Hornberger, of Traverse City, employment partner. He spe- named managing partner of the recently published his article cializes in wage-hour matters, 190-attorney, eight-office firm “Reflections on Mediation” in discrimination litigation, ERISA Best, Best & Krieger LLP in The ADR Newsletter. He has also litigation, and restrictive cov- Riverside, California. Garner completed Federal Mediation enant disputes. also was named a California and Conciliation Service Labor Lawyer of the Year for 2006 in Arbitrator Training and New the Environmental Law category York Stock Exchange Securities 1990 by California Lawyer magazine. Arbitrator Training. Ron Wheeler currently serves as chair of the American Stephen J. Knoop, of Shaker Association of Law Libraries’ 1988 Heights, Ohio, was elected (AALL) Social Responsibilities- Martin R. Castro has joined senior vice president–cor- Special Interest Sections Aetna Inc. in Chicago as the vice porate development of RPM (SR-SIS). He served as both president of external affairs. International Inc., a NYSE-listed a contributor and an associ- His portfolio includes diverse $3 billion holding company that ate editor for the bibliography markets, government affairs, owns subsidiaries in specialty Sexual Orientation and the Law: corporate and community rela- coatings and sealants. tions, and working closely with A Research Bibliography, which the Aetna Foundation. was released by the SR-SIS’s Standing Committee on Lesbian and Gay Issues.

62 LQN SPRING 2007 From top: Emily J. Auckland, ’93; Monica P. Navarro, ’93;

1991 Nadine Lacombe has joined and The Netherlands, as well Monica P. Navarro, a princi- Lord, Bissell & Brook LLP in as at the International Trade pal at Frank, Haron, Weiner and Chicago as the firm’s new direc- Commission. Navarro in Troy, Michigan, has tor of diversity. She will lead been selected as one of Crain’s Peter F. Donati, head of diversity efforts throughout all Detroit Business’s 40 Under 40 Levenfeld Pearlstein LLC’s the firm’s offices. honorees for 2006. Her practice employment service group in focuses on health care litigation Morristown, New Jersey-based Chicago, has been appointed and transactions, including gov- Riker Danzig Scherer Hyland to the board of directors of the ernance, regulatory compliance, & Perretti LLP has announced Human Resource Association of privacy, reimbursement, licens- election of Ronald D. Puhala Greater Oak Brook. He repre- ing, credentialing and medical to partnership. A member of the sents clients in discrimination staffing, and fraud and abuse firm’s insurance group, Puhala claims, employment contract matters. (See story on page 82.) specializes in insurance coverage disputes, and claims involving defense and insurance-related restrictive covenants. Bradley L. Smith has joined bad faith issues. the intellectual property law Thomas L. Shaevsky firm Brinks Hofer Gilson & CNBC has announced the has joined Butzel Long in Lione as counsel in the firm’s appointment of Alan Seiffert Bloomfield Hills, Michigan, as Ann Arbor office. as senior vice president for busi- a senior attorney specializing in ness development partnerships employee benefits. He previ- In Chicago, legalQuest LLC has with its Asia Pacific team. Based ously was in-house counsel to opened the city’s first and only in Singapore, Seiffert spearheads Comerica Bank’s institutional minority- and women-owned the network’s business develop- trust department. full service legal staffing firm. ment and partnership unit in the Founder and managing principal D. Peters Wilborn Jr., a region. Ginger Wilson has nine years’ partner with Derfner, Altman & experience placing highly-skilled Wilborn in Charleston, South attorneys and paralegals in tem- 1992 Carolina, has been awarded the porary and direct-hire positions. New York City-based Kirkland & South Carolina Bar’s 2006 pro Ellis partner Gregory Arovas bono award in recognition of is spotlighted in IP Law & Business his representation of African 1994 (February 2007) for his role American communities against Thomas J. Seigel has been as chief outside strategist for suburban sprawl, real estate named chief of the Organized Korea-based Samsung in its scams, and discrimination, as Crime and Racketeering Section legal battle with AB Ericsson of well as for his work as a bicycle of the U.S. Attorney’s office Sweden over patents underlying and pedestrian activist. for the Eastern District of New the new generation of turbo- York. He oversees the Justice charged cell phones. Arovas 1993 Department’s prosecutions of reports that two suits the firms traditional and emerging crimi- Emily J. Auckland has been have filed against each other nal enterprises in Brooklyn, elected to the membership of in Texas involve 59 separate Queens, Staten Island, and Long Gust Rosenfeld PLC of Phoenix, patents, and the companies also Island. Arizona. She practices in the are involved in parallel fights in area of real estate law. Germany, the United Kingdom,

LQN SPRING 2007 63 From top: Freeman L. Farrow, ’97; Mathew B. Beredo, ’98; Ethan Dettmer, ’98; Jason Mendelson, ’98; Michael T. Lindeman, ’99; Saura J. Sahu, ’99

1995 Michael Carrier has received Jeffrey M. King, who focuses Ann (McGuire) Parker- tenure and been promoted to his practice on white collar Way has joined Insightful professor of law at Rutgers Law criminal defense and related Corporation, a publicly traded School in Camden, New Jersey. civil litigation, has been named software company, as vice presi- He specializes in antitrust, intel- a partner with Akin Gump dent and general counsel. lectual property, and property Strauss Hauer & Feld LLP in In Washington, D.C., Andrew law. Washington, D.C. J. Vance has been elected Matthew N. Latimer has Andrew Wise was elected to to partnership at Finnegan, been named special assistant the membership of Miller & Henderson, Farabow, Garrett & to the President for speech- Chevalier in Washington, D.C. Dunner LLP. He specializes in writing. Latimer previously He practices litigation with an patent litigation, patent prosecu- served as chief speechwriter emphasis on white collar defense tion, and client counseling. to the Secretary of Defense, in civil and criminal matters. and recently received the 1999 Department of Defense 1998 James Carlson has been Distinguished Service Medal, Mathew B. Beredo has elected to partnership at the highest award offered to been elected to partnership Ungaretti & Harris in Chicago. civilians by the Pentagon. at Baker & Hostetler LLP in His practice involves complex the Cleveland office. He is a commercial matters in state 1996 member of the litigation group and federal courts, including Homer Sun has been named and concentrates his practice in multi-district litigation as well a managing director of Morgan commercial litigation and class as mediation and arbitration Stanley in the private equity action defense matters. proceedings. group. He is based in Hong Ethan Dettmer has been Michael T. Lindeman is a Kong and is responsible for the named partner at Gibson, shareholder and a member of company’s private equity invest- Dunn & Crutcher LLP in San Minneapolis-St. Paul-based ing in China. Francisco. He practices complex Briggs and Morgan’s business commercial litigation, with an law section. He practices in the 1997 emphasis on securities, profes- areas of general corporate and Freeman L. Farrow, a princi- sional liability, and appellate commercial law, mergers and pal in Miller Canfield’s Detroit matters. acquisitions, enterprise forma- office, has become a member Jason Mendelson, a manag- tion and emerging companies, of the Minorities in Franchising ing director at Mobius Venture e-commerce and software Committee of the International Capital, is one of the five licensing, and commercial Franchise Association. He is a founding partners of Foundry contracts. member of the litigation and dis- Group, a Boulder, Colorado- In Detroit, Saura J. Sahu has pute resolution practice group based early-stage technology joined Miller Canfield as an and the franchise law team. venture capital firm. The firm is associate. He focuses his prac- Amy B. Kelley has been currently raising its first fund of tice on complex class action, elected to partnership at the $175 million to $200 million. multi-party, and single-party Chicago-based law firm Butler litigation in matters ranging Rubin Saltarelli & Boyd LLP. She practices commercial litigation and reinsurance.

64 LQN SPRING 2007 From top: Sally K. Sears Coder, ’99; Trevor Belden, ’00; Daniel J. Canine, ’00; Seth A. Drucker, ’04; Gary J. Mouw, ’04; Jean Soh, ’05

2002 from employee benefits law to C. Ferdinando Emanuele Denis Ticak has joined employment discrimination to became a partner at Cleary Benesch, Friedlander, Coplan & wage and hour issues. Gottlieb Steen & Hamilton LLP Aronoff LLP’s Cleveland office as an associate in the intellectual Sally K. Sears Coder has in Rome. His practice focuses property practice group. His been elected to partnership in on litigation and international practice focuses on intellectual Jenner & Block’s Chicago office arbitration, concentrating on property litigation and patent in the litigation department and disputes having cross-border prosecution in the areas of phys- arbitration as well as domestic dimensions. ics and the mechanical arts. and international and products Bodman LLP has named liability and mass tort defense Matthew T. Jane a partner practices. in its Ann Arbor office. Jane 2004 Seth A. Drucker has joined A. Colin Wexler, of Goldberg specializes in commercial and Detroit-based Honigman Kohn in Chicago, has been construction litigation. Miller Schwartz and Cohn promoted from associate to Clay B. Thomas, of Southfield, LLP as an associate with the principal in the firm’s litigation Michigan, has joined Jaffe Raitt Bankruptcy, Reorganization, group. Heyer & Weiss PC as a member and Commercial Department. of the firm’s real estate practice He previously practiced with group. 2000 Clark Hill PLC in the areas Young Professionals of Central Katherine Varholak has of bankruptcy and corporate Indiana recently presented been elected to membership restructuring. Trevor Belden of Baker & in Sherman & Howard LLC in Gary J. Mouw has joined Daniels LLP in Indianapolis with Denver, where she focuses her Varnum, Riddering, Schmidt & the Young Professional of the practice on appellate work and Howlett LLP in Grand Rapids Year award. He concentrates his commercial, construction, and in the firm’s litigation and trial practice in counseling clients insurance litigation. She joined practice group as an associate. through a variety of corporate the firm in 2003. and commercial transactions. 2005 A specialist in U.S. antitrust 2001 Jean Soh has joined Dykema’s and European competition law, Guido G. Aidenbaum has Chicago office as an associate in Peter E. Boivin has become become a partner in the real the bankruptcy and restructur- a partner in the antitrust and estate department of Honigman ing practice group. She focuses trade regulation department of Miller Schwartz and Cohn LLP. her practice on bankruptcy, Honigman Miller Schwartz and He counsels clients on real creditors’ rights, and commer- Cohn LLP. He resides in Royal estate and financing transaction, cial litigation. Oak, Michigan. with an emphasis on commercial leasing issues. He resides in West Daniel J. Canine has been 2006 named a partner in the Troy, Bloomfield, Michigan. Jeffrey S. Billings has joined Michigan, office of Bodman Ann Arbor resident Bradley H. Godfrey & Kahn in Milwaukee LLP, where he specializes in real Darling has become a partner as an associate in its estate plan- estate and banking law. in Honigman Miller Schwartz ning practice group. and Cohn LLP, where he special- izes in the practice of commer- cial law.

LQN SPRING 2007 65 From top: Jane Montas, ’06; Laura D. Yockey, ’06

Melissa A. DeGaetano joined Sarah Slosberg Tayter has the Cleveland office of Baker & become an associate with Hostetler LLP as an associate. Honigman Miller Schwartz and Cohn LLP’s health care depart- Stephanie A. Douglas has ment in Detroit. joined the Detroit office of Honigman Miller Schwartz and Laura D. Yockey has joined Cohn LLP as an associate in the Baker & Daniels LLP’s real estate department. Indianapolis office. She practices in the life sciences group and Gregory R. Flax joined the counsels clients in corporate and Columbus office of Baker & commercial transactions. Hostetler LLP as an associ- ate. He has a special interest in environmental and agricultural law issues. Bryan H. Helfer has joined the Chicago office of real estate law firm Pircher, Nichols & Meeks as an associate. Rebecca C. Levin has become an associate with the litigation department of Honigman Miller Schwartz and Cohn LLP in Detroit. A specialist in general litigation, premises liability, and municipal law, Donelle R. Mayberry recently joined Plunkett & Cooney’s Bloomfield Hills office in the litigation practice group.

Matthew Mitchell has joined Dykema’s Bloomfield Hills, Michigan, office as an associate. His practice focuses on general litigation matters. Jane Montas, of Ann Arbor, has joined Jaffe Raitt Heuer & Weiss, PC as an associate in the firm’s real estate practice group.

66 LQN SPRING 2007 In Memoriam

Charles Blakey Blackmar, ‘48 Douglas W. Hillman, ‘48 Hillman, who served as a Current UMass President Former Missouri Supreme Retired U.S. District Court fighter pilot during World War Jack M. Wilson praised Court Chief Justice Charles Judge Douglas W. Hillman, II, was a lifelong community Lederle’s leadership and Blakey Blackmar, ’48, died ’48, died February 1 in health care advocate. Named noted that the university’s January 20 in Clearwater, Muskegon, Michigan. He was in his honor, the Alliance current high standing “is Florida. 84. for Health’s annual Hillman a tribute to his commit- Born in 1922 in Kansas Appointed to the federal Award recognizes a West ment to the University of City, Missouri, he won a bench in 1979, Hillman Michigan community Massachusetts decades ago.” Silver Star, Purple Heart, and served until his retirement member who exhibits In 1983, the university Bronze Star for his 1942-46 in 2002. He had practiced dedication and commitment named its Lederle Graduate service with the U.S. Army law for 30 years before being to continually improving the Research Center after the in Europe during World War named to the federal bench area’s health care system. former president. II. He entered Michigan Law for the Western District of In 1996 Hillman received In addition to his law after his wartime service, and Michigan. the Professional and degree, Lederle also earned after graduation practiced for Hillman was known for Community Service Award his bachelor’s, master’s, and 18 years with the Kansas City his even-handed courtroom from the Young Lawyers doctoral degrees from the firm now known as Swanson manner. A colleague, U.S. Section of the State Bar of University of Michigan. He Midgley. He was a professor Magistrate Judge Joseph Michigan, and in 1990 the practiced law in Detroit of law at St. Louis University Scoville, told The Grand Rapids State Bar honored him with a from 1936-40, was admitted from 1966-82, and served Press that Hillman kept a note Champion of Justice Award. to practice before the U.S. from 1969-77 as special in his courtroom that said: Supreme Court, and later assistant attorney general of “The lawyers and parties have John W. Lederle, ‘36 served as a staff attorney Missouri. as much a right to be in this John W. Lederle, ’36, who in and then general counsel Blackmar was appointed courtroom as I do.” 10 years as president of the to the Michigan Municipal to the Supreme Court of “That was a little reminder University of Massachusetts at League. During the 1950s, Missouri in 1982, served as of his humility,” Scoville Amherst guided the univer- he organized and was the first chief justice from 1990-92, told the paper. “That really sity’s growth from a rural director of the Institute of and continued as senior judge epitomizes his attitude.” 6,000-student school into Public Administration at the upon his retirement. Hillman, who created a major research university, University of the Philippines, He also was a legal scholar the Hillman Advocacy died February 13 at Naples, was Michigan state controller and writer, co-authoring Program 26 years ago to Florida. He was 94. and chairman of the Michigan West’s Federal Practice Guide teach trial skills to young Lederle was president of Commission on Interstate Manual and several editions lawyers, was known for often UMass Amherst from 1960- Cooperation, and served as of West’s Federal Jury Practice calling attorneys into his 70, a decade in which student secretary of the Michigan and Instructions. He also was chambers to acquaint them enrollment tripled, the size Governor’s Committee on a passionate opponent of the with courtroom civility, of the faculty grew from 366 Intergovernmental Relations. death penalty and a supporter professionalism, and ethics, to 1,157, nearly 50 major He also served as a consultant of judicial independence and according to The Grand buildings were begun or to a number of U.S. House the nonpartisan selection of Rapids Press. The year after his completed, and the operating and Senate committees. judges. During the 1960s he graduation from Michigan budget and library holdings Lederle served at Brown campaigned for fair housing Law, he helped found the both quadrupled. During this University from 1941-44 as a legislation, was instrumental World Affairs Council of time the UMass system also political science professor and in adoption of Kansas City’s Western Michigan to “combat established a medical school assistant dean and returned to Fair Public Accommodations the isolationism in this area in Worcester and a campus in the University of Michigan, Commission, and served as the following World War II.” Boston. where he remained until commission’s first chairman.

LQN SPRING 2007 67 UMass elected him president State Bar Association awarded Milton J. Miller, ’35 in 1960. Upon retiring from him its Pro Bono Service award Milton J. (Jack) Miller, ’35, UMass in 1970, he was after his successful argument a founding partner in 1948 appointed to the university’s in 1999 before the Maryland of Detroit-based Honigman Joseph B. Ely Chair in Court of Appeals in the high Miller Schwartz and Cohn Government, which he held profile Pixley custody case; Liss LLP, died March 6 at age 94. until 1982. convinced the Court of Appeals “He was the very heart that the lower court had erred and soul of the firm and when it granted custody of a we will miss him deeply,” Jeffrey F. Liss, ’75 two-year-old boy to his birth said Honigman CEO Alan Jeffrey F. Liss, ’75, who mother, who six years earlier S. Schwartz. “He was helped forge Piper & Marbury had killed her infant daughter. one of those amazing and into the international In 2003, the American Jewish fortunate men who remained megafirm DLA Piper, advised Committee presented Liss with mentally and physically vital Milton J. (Jack) Miller, ’35 Vice President Al Gore and its Judge Learned Hand Award, throughout his lifetime, and Democratic presidential named for the renowned judge he was an inspiration to us candidate John Kerry, and of the U.S. Court of Appeals for all.” served as an unpaid aide the Second Circuit. During his long career who helped vet cabinet-level Liss “was one of the unsung with the firm, Miller served candidates during the Clinton heroes who make American as a business lawyer, advising administration, died March politics work,” Kerry told the clients in corporate transac- 17 of pancreatic cancer at Washington Post. Said DLA Piper tions, combinations, and Johns Hopkins Hospital. He Joint Chief Executive Francis acquisitions, and represented was 55 and lived in Chevy B. Burch: “Jeff was one of those their interests in both Chase, Maryland. rare people who accomplished negotiations and trial. He Liss taught as an adjunct much, whose life had real also maintained an active professor at Michigan Law, meaning, and who never lost his matrimonial practice that served on the School’s former sense of humanity.” included representation of advisory group known as Liss clerked for U.S. District many members of Detroit’s the Committee of Visitors, Judge Charles R. Richey before social elite, including Henry and was an active supporter becoming an associate and then Ford II in his last divorce in of the Law School and the partner with Wald, Harkrader the early 1980s. University of Michigan. An & Ross. He joined Piper & Miller was a life-long authority on environmental Marbury in 1985, helped lead member of the State and insurance coverage law, the 10-year series of mergers Bar of Michigan and the he also taught at Georgetown and acquisitions that grew International Society of University Law Center. into DLA Piper, with 3,200 Barristers, and also was A champion of DLA attorneys in 24 countries, deeply involved in his Piper’s worldwide pro bono and became the co-managing community. Among his civic practice, Liss was devoted partner for the firm’s U.S. activities, he was a tireless to the idea that lawyers have division. supporter of the Detroit an obligation to do public Symphony Orchestra and service work. The Maryland the Jewish Federation of Metropolitan Detroit.

68 LQN SPRING 2007 In Memoriam

’35 C. Homer Miel ...... 11/3/2006 ’52 Walter Hulon Clements ...... 12/1/2006 Milton J. Miller...... 2/13/2007 ’53 J. Douglas Cook ...... 11/22/2006 ’36 Donald E. Adams ...... 1/30/2007 George D. Miller Jr...... 10/18/2006 Lawson E. Becker ...... 1/24/2007 James J. Nopper ...... 9/22/2006 Robert M. Helton ...... 10/24/2006 Robert Seal Rizley ...... 10/31/2006 John W. Lederle ...... 2/13/2007 Herbert I. Sherman ...... 9/22/2006 Leonard Meldman ...... 12/30/2006 ’54 Richard S. Baker ...... 11/7/2006 Jacob Weissman ...... 7/11/2006 ’55 Harvey M. Silets ...... 1/23/2007 ’37 Joseph L. Bauer ...... 2/7/2007 ’56 Donald M. Baker ...... 11/23/2006 ’38 Wayne E. Babler ...... 12/15/2006 William L. Cahalan Jr...... 1/31/2007 ’39 Bernard Weissman ...... 7/7/2006 Robert Louis Shankland ...... 12/1/2006 ’41 Olin L. Browder Jr., (S.J.D. ’41) ...... 4/11/2007 ’57 John Robert Dethmers ...... 11/10/2006 William F. Hood ...... 10/2/2006 ’59 Joseph P. Spellman ...... 10/16/2006 Chester E. Kasiborski ...... 1/29/2007 ’61 Bruce J. Daniels ...... 8/2/2006 ’42 David N. Mills ...... 1/17/2006 ’65 Richard L. Blatt ...... 7/25/2006 ’43 John E. Howe, LL.M...... 2/4/2007 John H. Blish ...... 2/11/2007 ’47 Caleb F. Enix ...... 9/18/2006 David John Garrett ...... 10/17/2006 Hird Stryker Jr...... 1/30/2007 ’66 Robert M. Newton ...... 9/11/2006 ’48 Charles B. Blackmar ...... 1/20/2007 ’68 Thomas K. Butterfield ...... 12/16/2006 Douglas W. Hillman ...... 2/1/2007 ’69 Rexford T. Brown ...... 10/16/2006 ’49 Stratton S. Brown ...... 11/7/2006 ’70 John R. McCarthy ...... 1/20/2007 B. Hayden Crawford ...... 12/18/2006 Norris J. Thomas Jr...... 1/12/2007 William A. Lucking Jr...... 2/5/2007 ’73 Donald Hubert ...... 11/28/2006 Palmer C. Singleton Jr...... 1/28/2007 ’75 Jeffrey F. Liss ...... 3/17/2007 Floyd E. Wetmore ...... 10/23/2006 ’90 Henry G. Binder ...... 12/15/2006 ’50 Chester J. Antieau, LL.M. (S.J.D. ’51) ...12/18/2006 ’94 D. Duane Hurtt ...... 1/20/2007 Robert F. Bowers ...... 1/7/2007 Donald D. Davis ...... 8/26/2006 Guy H. Hill ...... 10/17/2006 Paul J. Weiss Jr...... 11/15/2006 ’51 William L. Bush ...... 10/6/2006 Leighton S.C. Louis ...... 9/27/2006 Marlin F. Scholl ...... 10/1/2006 Stanley N. Silverman ...... 11/16/2006 Jean F. Wagner ...... 10/16/2006

LQN SPRING 2007 69 FACULTY Law School faculty adopts IN DETAIL new admissions policy

70 Law faculty adopts new admissions The University of Michigan Law School’s admissions process policy is designed to assemble an exceptional community of To conform with changes talented and interesting students who will flourish in and 71 Reimann, co-editor, assay the ‘state of required by passage last fall of out of the classroom and go on to accomplished careers. Two the art’ of comparative law a voter-enacted state constitu- crucial points follow from this goal. One: our assessment is tional amendment (“Proposal forward-looking, not backward-looking. Two: our evaluation 72 Santacroce co-authors handbook for 2”) that forbids higher criteria are holistic, in two senses. First, each application features a wide range of relevant considerations that can’t local government officials education institutions from be reduced to any mechanical formula. Second, we are using race as a factor in always thinking about the mix of people we are assembling, 7 2 Hathaway’s Rights of Refugees wins admissions decisions, the not merely making a series of discrete decisions on individual ASIL’s Certificate of Merit University of Michigan Law applicants. Here we expand on each point. School faculty adopted the One: We are not rewarding past performance, but assessing 73 West’s research leads to casebook following admissions policy the likelihood of outstanding engagement with the School and comparative ‘scandalogy’ on March 23, 2007: and with whatever career follows. Past performance is of course the basis of our assessment and we look for a record 74 Activities of impressive accomplishments. But strictly speaking no one deserves or is entitled to admission on the basis of that 76 In Memoriam performance, however impressive. Quantitative measures of academic performance—LSAT and GPA—neither preclude nor guarantee admission. We look for highly intelligent people who welcome challenging experiences, who have demonstrated leadership and community service, who have shown determination and discipline, who are eager to outdo themselves, and who are creative and resilient in dealing with adversity. We pay attention to evidence of academic progress. So, too, we pay attention to consider- ations—working many hours, coming from an educationally deprived background, having primary care responsibilities for family members, and so on—that may provide a context for the formal record of academic achievement. Two: The Law School is warmly cooperative and intellectu- ally invigorating. We seek students who relish both working together and engaging in constructive and challenging debate. Our graduates go on to succeed in every imagin- able domain of the law and beyond: public interest law, private firms, government service, the bench, solo practice, academia, corporate counsel and leadership, business, politics, and more. We seek students who will continue this tradition of excellence in varied careers. Our commitments to collegiality, to bracing debate, and to enabling our students to pursue a wide range of options explain why the School has long been committed to diversity along many dimensions. In assembling an entering class, then, we look for individuals with intriguingly different backgrounds, experiences, goals, and perspectives. Academic majors, work experience, extracurricular activities, distinctive moral and political outlooks, socioeconomic background, time living or working abroad, and more inform our admissions decisions. We urge applicants to supply whatever information they think will most fully present their qualifications and attributes. The dean of admissions regularly consults with the Law School’s dean and the faculty admissions committee on questions arising in implementing this policy.

70 LQN SPRING 2007 Reimann, co-editor, assay the ‘state of the art’ of comparative law

Mathias W. Reimann, LL.M. ’83, and “At the same time, it has often been co-editor Reinhard Zimmermann have noted that there is no comprehensive brought more than 40 scholars from account of the ‘state of the art’ of the around the world into the 1,430 pages of discipline. This book undertakes to their new Oxford Handbook of Comparative provide such an account.” Law to depict the “state of the art” of the field of comparative law in the 21st century. Divided into three major parts, the Handbook (Oxford University Press, 2006) assesses the development of modern comparative law, examines comparative law as an intellectual enter- prise, and, finally, focuses on individual branches where comparative studies have borne fruit. Over the past decade or two, the discipline of comparative law “has faced new tasks and challenges, arising mainly from the Europeanization of law, and of Transplants and Receptions,” more broadly, the globalizing trends “Comparative Law and the Islamic in contemporary life,” write Reimann, (Middle Eastern) Legal Culture,” Michigan Law’s Hessel E. Yntema “Comparative Law and African Professor of Law, and Zimmermann, Customary Law,” and “Comparative Law director of the Max Planck Institute and Socio-legal Studies”; and for Comparative and International Mathias W. Reimann, LL.M. ’83 • Part III – Subject Areas, with Private Law in Hamburg, Germany, and 16 chapters focusing on topics like professor of private law, Roman law, “Unjustified Enrichment in Comparative and comparative legal history at the After the introductory “Comparative Perspective,” and comparative law University of Regensburg. Law before the Code Napoléon,” by in contracts, sales, torts, property, The field of comparative law has Charles Donahue, the Paul A. Freund succession, family, labor, antitrust, come in for close scrutiny, especially Professor of Law at Harvard, the civil procedure, and other fields. in Europe and the United States, Handbook sets to its task with a will: Reimann’s own chapter in this section Reimann and Zimmermann write. “It • Part I – The Development of is “Comparative Law and Private has lost its methodological innocence Comparative Law in the World, International Law.” as scholars began to ask hard questions with its eight chapters detailing the “We hope that the book will give a about traditional approaches, such as development of comparative law in vivid impression of a legal discipline the functional method. It has engaged in France, Germany, Switzerland, and which is both intellectually exciting interdisciplinary discourse with history, Austria, Italy, Great Britain, the United and perhaps more practically relevant sociology, economics, anthropology, and States, central and eastern Europe, east than ever before,” say Reimann and other fields. Asia, and Latin America. Zimmermann. “At the same time, it is “As a result, comparative law has • Part II – Approaches to hoped that this volume will bring home become a vibrant and intellectually Comparative Law, 18 chapters to its readers how much interesting stimulating field of study and research devoted to subjects like “Comparative work remains to be done.” and it has advanced our knowledge in a Law and Comparative Knowledge,” variety of areas and contexts. “Comparative Law as the Study

LQN SPRING 2007 71 Santacroce co-authors Hathaway’s handbook for local Rights of Refugees wins government officials ASIL’s Certificate of Merit

Clinical Assistant Professor David Santacroce has James C. Hathaway’s pioneering co-authored a new handbook to help officials of look at the rights and plight of local governments write contracts that improve the refugees, The Rights of Refugees under odds that companies receiving economic develop- International Law (Cambridge ment incentives keep their promises to create jobs University Press, 2005), has and other community benefits—or pay taxpayers been awarded the Certificate back. of Merit from the American The handbook, The Ideal Deal: How Local Society of International Law. Governments Can Get More for Their Economic The award, first given in Development Dollar, has been released by Good Jobs 1952, recognizes “the most First, a Washington, D.C.-based nonprofit organiza- distinguished work in the tion that promotes good state and local economic field of international law in development practices, and the Center for Urban the current year or in the Economic Development at the University of Illinois immediately preceding year.” at Chicago. Santacroce’s co-author is Rachel Weber, Hathaway, the James an associate professor in the Urban Planning E. and Sarah A. Degan and Policy Program at the University of Illinois- Professor of Law, is director James C. Hathaway Chicago. of the Law School’s Refugee Weber has done extensive surveying of localities and Asylum Law Program. Other Michigan Law and written about best incentive-deal practices; scholars who have won the award include Harold Santacroce has Jacobson (2004), Christine Chinkin (2001), Steven litigated and Ratner (1998), Bruno Simma (1996) and Alex written about Aleinikoff (1986). legal remedies for Combining legal and theoretical scholarship with failed incentive real-world case histories, The Rights of Refugees provides deals. Their the first comprehensive analysis of refugees’ human handbook provides rights under the UN’s Refugee Convention. Ten years step-by-step in the writing, the book appears as many governments guidance through around the world are wrestling with the traditional the elements of idea of assimilating refugees into their countries’ popu- contracts that treat lations, granting refugees freedom of movement, social a public incentive welfare benefits or other similar rights, or, indeed, package as a quid whether to take in refugees at all. pro quo for public Coupling such questions with the norms of basic benefits. international human rights, Hathaway uses the result to “No one likes to examine some of the world’s most challenging refugee spend too much on protection questions. a deal, and no one An excerpt from The Rights of Refugees appeared in wants to sue if a deal doesn’t pan out,” Santacroce the Fall/Winter 2007 issue of Law Quadrangle Notes as explained. “Deliberate procedures and thorough “Refugees’ human rights and the challenge of political contracts minimize the odds that problems will will,” pages 71-72). develop.” The handbook is available in PDF form via the Good Jobs First Web site: www.goodjobsfirst.org.

72 LQN SPRING 2007 West’s research leads to casebook and comparative ‘scandalogy’

Mark D. West’s two most recent books look at two sides of the Japanese legal system. His new casebook, The Japanese Legal System: Cases, Codes, and Commentary, co-authored with Curtis Milhaupt and Mark Ramseyer, provides a broad overview and includes several new trans- lations of cases. “Previous textbooks Mark D. West on Japanese law tended to focus mostly on theory, without a lot of attention on formal legal structures, and in Law to the law,” says West. “That approach in Everyday Japan: Sex, Sumo, Suicide, and made it seem like the law didn’t matter Statues (2005), he looked at how those very much in Japan, which couldn’t be structures affect people. further from the truth. In this book, The latter idea motivates Secrets, we wanted to concentrate more on the Sex, and Spectacle: The Rules of Scandal in cases so that students could get a better Japan and the United States. His publisher understanding of how Japanese judges issues this tease: “A leader of a global present facts, apply law, and reason.” superpower is betrayed by his mistress, West’s other book, Secrets, Sex, and who makes public the sordid details of Spectacle: The Rules of Scandal in Japan their secret affair. His wife stands by and the United States, takes a compara- as he denies the charges. Debates over tive look at scandal and its connection definitions of moral leadership ensue. to the law. “People often ask me to Sound familiar? If you guess Clinton recommend books that discuss how law and Lewinsky, try again. This incident functions in Japan,” West explained. involved former Japanese Prime Minister “They don’t want to know specific provi- Sosuke Uno and a geisha. . . . sions of tort law; they want something “When Japanese and American scandal they can actually read. I tried to write stories differ, those rules—rules that the book for those readers. I focused define what’s public and what’s private, on fun, scandalous stories, and tried rules that protect injuries to dignity and to create a feel for how things work in honor, and rules about sex, to name a Japan.” few—often help explain the differences. West, the Nippon Life Professor In the case of Clinton and Uno, the rules of Law, faculty director of Michigan help explain why the media didn’t cover Law’s Center for International and Uno’s affair, why Uno’s wife apologized Comparative Law, and director of the on her husband’s behalf, and why University of Michigan’s Center for Uno—and not Clinton—resigned.” Japanese Studies, has presented this kind West hopes that the comparative of double-barreled scholarship before: aspect of his work can bring insights in Economic Organizations and Corporate beyond Japan. Governance in Japan: The Impact of Formal An excerpt from Secrets, Sex and and Informal Rules (2004), he focused Spectacle begins on page 89.

LQN SPRING 2007 73 ACTIVITIES Activities

Irwin I. Cohn Professor of Law Services for Low- and Moderate- the Conference on International Law and Reuven Avi-Yonah delivered the Income Households: Evidence from the Offshore Processing of Refugees. While keynote address, “The Commerce a New Survey,” was presented at the in Australia, he also led a one-day seminar Clause and Federalism: A Comparative annual meeting of the American Law & on refugee research at Australian National Perspective,” at Georgetown University’s Economics Association, Harvard Law University in Canberra and was hosted by state and local tax institute in May; School, May 2007. During the winter, High Court of Australia judges in the capital; presented the paper “Corporate Social Barr helped to launch the inaugural spoke on “Refugee Solutions, or Solutions Responsibility” in April at a conference issue of the Harvard Law and Policy Review to Refugeehood?” and co-led a workshop on critical tax at UCLA; made four with his invited essay, “An Inclusive, on human trafficking at Sydney Law School; presentations in March on U.S. interna- Progressive National Savings & Financial provided advanced training to members of tional tax at Sao Paulo, Belo Horizonte, Services Policy.” Australia’s Refugee Review Tribunal; and and Curitiba, Brazil; and in February Omri Ben-Shahar, the Kirkland & met with judges of the Federal Court of presented his paper “Formulary” at the Ellis Professor of Law and Economics, Australia in Melbourne and Sydney. Hamilton Project Author’s Conference in was a visiting professor at the University Associate Professor of Law Nicholas Washington, D.C., and at the University of Chicago Law School late last year and Howson gave a wide-ranging lecture of Pennsylvania Law School. At the ABA early this year. He also has been elected at Northwestern’s Kellogg School of tax meeting in Florida in January, he chair of the Association of American Law Management entitled “Foreign Capital in chaired the VAT panel and made presen- School’s section on contracts; is editor of China 1979-2006—From FDI to Equity tations at the panels on teaching tax law Boilerplate: Foundations of Market Contracts, Participation in Corporatized Chinese and international tax law. Late last year, being published this year by Cambridge Enterprises” in February. In March, he chaired the panel on international University Press, and is serving as area his article on the post-WTO foreign law at a conference in Haifa honoring organizer for the panel on torts for this participation in China’s capital markets Israeli Supreme Court Chief Justice year’s annual meeting of the American and financial services—“China and WTO Aharon Barak, taught U.S. International Law and Economics Association at Liberalization of the Securities Industry: Le Tax at Hebrew University in Jerusalem, Harvard. He also lectured recently Choc des mondes or l’Empire immobile?”—was presented the paper “Corporate Social on “How to Repair Unconscionable published in Asia Policy. The financial Responsibility” at a conference on tax Contracts” at Kirkland & Ellis in Chicago services industry in China—and specifically and corporate governance at the Max as well as law schools at the University the investment banking and fund manage- Planck Institute in Munich; spoke of Chicago and Duke University. ment sectors—was also the subject of a on “A Proposal to Adopt Formulary Professor Sherman Clark, who also presentation he gave at the Johns Hopkins Apportionment for Corporate Income is an adjunct professor of kinesiology University-SAIS conference “China’s Tax” at the Hamilton Project Retreat at the U-M, in March discussed the Financial Sector Reforms and Governance” in New York; presented his paper question of what, if any, special obliga- in Washington, D.C., in mid-April. In late “Corporate Social Responsibility and tions athletes have because of their April, he gave a paper at Mark Ramseyer’s Strategic Tax Behavior” at Georgetown status as public role models in a forum Asian Law Workshop at Harvard Law School University Law School; and taught sponsored by Students for Ethics, part on the recognition and implementation of a comparative Controlled Foreign of U-M President Mary Sue Coleman’s corporate fiduciary duties by China’s basic Corporations course at Vienna Economic Ethics in Public Life Initiative. level courts prior to 2005, and formal University. James C. Hathaway, the James E. articulation of the concept in China’s new Professor Michael S. Barr served as and Sarah A. Degan Professor of Law corporate statute. an advisor on a European Commission and director of Michigan Law’s Refugee Professor of Law Ellen Katz presented project on “Financial Services Provision and Asylum Law Program, delivered her paper “Reviving the Right to Vote” at the and Prevention of Financial Exclusion,” the 25th annual Allan Hope Southey Workshop on Advanced Topics in Election and received a Ford Foundation grant Memorial Lecture at the University of Law at Yale Law School in April and in to organize a conference (together Melbourne Law School on the subject March presented “Judicial Review and the with Dean Rebecca M. Blank of U-M’s “Why Refugee Law Still Matters.” Voting Rights Act” at the Participatory Gerald R. Ford School of Public Policy) While at Melbourne, he also co-taught Democracy Workshop Series at the USC- on “Access, Assets & Poverty,” to be a graduate seminar on international Caltech Center for the Study of Law and held in Washington, D.C., in October refugee law with Melbourne faculty Politics and the University of Southern 2007. Barr’s paper, “Tax Preparation member Michelle Foster, S.J.D. ’06, California Law School in Los Angeles. and gave the opening plenary address to 74 LQN SPRING 2007 Professor Emeritus Yale Kamisar and of the Full Faith and Credit clause of the United States as the Land of the Free?” at co-authors Jesse Choper, Richard Fallon Constitution where the judgments of the conference on Legal Cultures and the Jr., and Steve Shiffrin have published the sister states conflict. The court ruled— Atlantic Divide at the Bucerius Law School 10th edition of their 1,500-page constitu- only 10 days after oral argument—in in Hamburg, Germany, in February; spoke tional law casebook. During the summer favor of Osbeck’s client. on “The Heritage of the Émigré Jurists for this year they are to publish a shorter Assistant Professor of Law John American Legal Education” in January at paperback constitutional law casebook, A.E. Pottow delivered his paper “The the Globalization and the U.S. Law School Leading Cases in Constitutional Law. On Myth (and Realities) of Forum Shopping conference at Suffolk University Law March 13, Kamisar spoke on Clarence in Transnational Insolvency” at the School in Boston; and spoke at a workshop Darrow as “a role model for 21st century symposium Bankruptcy in the Global on Internationalizing the Curriculum lawyers” as a panelist for Santa Clara Village: The Second Decade at Brooklyn organized by Georgetown Law Center and University School of Law’s commemora- Law School last fall. The symposium McGeorge School of Law in January. tion of the 60th anniversary of Darrow’s updated and commemorated the influ- Clinical Assistant Professor of Law death. ential conference that brought discussion Vivek S. Sankaran, ’01, this spring Richard O. Lempert, ’68, the Eric of cross-border insolvency into academic spoke on “GALs [Guardian ad Litems]: Stein Distinguished University Professor circles; it also served as a reunion for Straws that Stir the Drink” at the Child of Law and Sociology, continues to serve many of the participants in the original Welfare League of America National as secretary of the political science, symposium a decade ago. Conference in Washington, D.C., and sociology, and economics section of the In early May, Assistant Professor of on “Current Issues in Neglect Law” for American Association for the Advancement Law J. J. Prescott presented his paper Washtenaw County Juvenile Court of Science. Last summer, he participated “Empirical Research on the Post-Booker Training. in the first month-long SHARP summer Federal Sentencing System” at the 16th Clinical Assistant Professor of Law workshop sponsored by the Office of the annual Federal Sentencing Guidelines David A. Santacroce has become Director of National Intelligence, which National Seminar in Salt Lake City and chair of the Association of American brought together scholars and people from also presented his paper “The Effects Law Schools’ Section on Clinical Legal the intelligence community to examine of Sex Offender Notification Laws” Education. how to improve intelligence assessments. at the meeting of the American Law Affiliated Overseas Faculty member Last summer, he was guest blogger on the and Economics Association at Harvard Bruno Simma, a judge on the Empirical Legal Studies Website to discuss Law School. Last fall, he presented International Court of Justice at The issues relating to empirical work, and he his paper “Empirical Evidence of Hague, has been awarded an honorary also testified before the U.S. Commission Prosecutorial Charging Manipulation” doctorate from the University of Macerata on Civil Rights regarding affirmative at the Conference on Empirical Legal in Italy. In addition, he has acted as action. Studies at the University of Texas Law president of the arbitral tribunal estab- Associate Dean for Clinical Affairs School and at the Junior Empirical lished within the Lausanne, Switzerland- Bridget M. McCormack delivered Legal Scholars Conference at Cornell based Court of Arbitration for Sports in a the Windsor Yearbook Access to Justice University Law School. series of cases which the Gibraltar Football annual distinguished lecture at the In March, Hessel E. Yntema Professor Association has brought against the Union University of Windsor (Ontario) Law of Law Mathias W. Reimann, LL.M., of European Football Associations (UEFA). School in February. In March, she argued ’83, was a panelist to discuss “The He also has presented a number of guest a habeas corpus claim in a murder case Future of International Litigation” at the lectures at a variety of locations. before the Sixth Circuit Court of Appeals annual meeting of the American Society James Boyd White, the L. Hart in Cincinnati and a second murder case of International Law in Washington, Wright Collegiate Professor of Law, before the same court in April. D.C.; in February, he co-organized spent 17 days earlier this year at Charles Clinical Assistant Professor of Law the second Comparative Law Work in University in Prague on a Fulbright grant Mark K. Osbeck in March successfully Progress Workshop, which was held at teaching American Contract Law to 72 presented oral argument to the Colorado the University of Illinois College of Law “eager Czech students” who, he says, Court of Appeals as part of his representa- this year after the inaugural program at “quickly adapted to conventional American tion of a company that wishes to develop the University of Michigan Law School Socratic teaching.” a private ski development on 6,000 acres last year. He also: spoke on “Rules, near Vail. The issue centered on ownership Regulations, and Individual Liberty: The of the parcel, and involved the applicability LQN SPRING 2007 75 In Memoriam

Francis A. Allen

Pioneer criminal procedure scholar early 1960s and thereafter used Frank a Francis A. Allen, dean of the Law School great deal. He was there from the very from 1966-71 and an active faculty beginning.” member until taking emeritus status Allen was a prolific author of journal in 1986, died April 6 in Gainesville, articles and books, added Kamisar, but Florida. Born in 1919 in Kansas City, “what many regard as Allen’s very best Kansas, Allen graduated from Cornell writing is . . . the ‘Allen Report’ (as it College, Mount Vernon, Iowa, and has come to be called), the 1963 report Northwestern University Law School, of the Attorney General’s Committee and taught at Northwestern, Harvard, on Poverty and the Administration of foolish or awkward. Every sentence was and the University of Chicago before Federal Criminal Justice, a committee carefully created, and every thought was coming to Michigan as dean. After selected by Attorney General Robert the product of a keen mind having given retiring from Michigan Law he joined Kennedy and chaired by Allen. No work consideration to the issues. He was truly the University of Florida law faculty, has more forcefully or more eloquently a wise man and a gentleman in the best taking emeritus status there in 1994. articulated the need to eliminate, or at meaning of that term.” Allen clerked for U.S. Supreme Court least minimize, the influence of poverty “Frank had a rare combination of Chief Justice Fred Vinson; served as in the administration of criminal justice intellectual rigor, profound humane- president of the Association of American than the Allen Report. . . . [I]t signifi- ness, and stylistic elegance that made his Law Schools; was scholar in residence at cantly affected our way of thinking about deanship a golden age for the Michigan the Rockefeller Foundation in Bellagio, the obligations of ‘equal justice’ and the Law School,” said Professor Emeritus Italy; twice was in residence at the problems faced by criminal defendants of Theodore J. St. Antoine, ’54, who also Salzburg Seminar of American Studies; limited means.” served as Michigan Law’s dean. “Under was a visiting expert at UNAFEI, the The report led to passage of the him our instruction became richer and Japan-based UN agency that deals with Criminal Justice Act of 1964 and the Bail broader through expanded interdisci- problems of criminal corrections; and Reform Act of 1966. Allen also helped plinary offerings and more practical was a Guggenheim Fellow in 1971 and write the American Law Institute’s through new clinical programs. And 1973. He was elected to the American Model Penal Code and was instrumental he presided over a major outreach to Academy of Arts and Sciences in 1975. in forging the Illinois Criminal Code minorities and women.” Allen was known for his scholar- of 1961, whose provisions included “Frank was a nonpareil occasional ship, eloquent speaking and writing, decriminalizing sexual acts between speaker—both witty and meaty,” St. and open-mindedness as well as his consenting adults of the same sex. Antoine added. “His range of allusions, humaneness and collegiality. “He is Former colleagues and students spoke always apt for his subject matter, would widely regarded as the nation’s leading glowingly of Allen as colleague, friend, run from the ‘Song of Roland’ to spokesman for a humanistic conception and teacher. “Frank was undoubtedly T.S. Eliot, with generous helpings of of legal education,” the University of one of the foremost scholars of his ‘Peanuts’ along the way. He even made Michigan Board of Regents said in the generation, but he was much more—a faculty meetings something to look resolution it passed in 1986 when Allen wonderful colleague and a wise and forward to!” took emeritus status. generous mentor to many, including Carl E. Schneider, ’79, the Chauncey Professor Emeritus Yale Kamisar, myself,” said Professor Emeritus Jerold Stillman Professor of Ethics, Morality, himself a pioneer in criminal procedure Israel, who also joined the Florida and the Practice of Law and currently a scholarship, said Allen “did more than faculty after retiring from Michigan Law. visiting professor at the U.S.Air Force anyone in legal scholarship in modern Michigan Law Professor Douglas Academy in Colorado, described Allen criminal procedure. Wherever I went, Kahn recalled a colleague’s comment as a teacher whose influence reached he’d been there first. . . . Everybody who that Allen “was the only person he knew far beyond the immediate subject and wrote about criminal procedure in the who spoke in paragraphs.” Said Kahn: classroom. “I am one of the thousands “Frank never said or wrote anything of students whose legal education truly

76 LQN SPRING 2007 Olin L. Browder Jr., S.J.D.‘41 began when Frank Allen asked of the Olin L. Browder Jr., S.J.D. ’41, the scholar, he was very perceptive. His law famous necessity killing case, ‘What are James V. Campbell Professor Emeritus review articles are still cited today as the facts of Regina v. Dudley & Stephens?’ of Law, died April 11. Born in 1913, authoritative, and he is thought of as one Frank liked to call himself a son of the he earned his A.B. and LL.B. at the of the giants of his generation. manse, and he supposed that teaching University of Illinois, and taught at “Above all else, he was a gentleman and learning were serious things. He Michigan Law from 1953-84 before and a gentle man. He loved Ann Arbor would acerbically say that learning was taking emeritus status. and the Law School. And he loved to hard work and often little fun. But Browder practiced law for a time have a beer at lunch!” Frank knew with Holmes that one can in Chicago, and served as an attorney live greatly in the law, and he brought with the Tennessee Valley Authority in everything he had to showing students 1942-43 and as a special agent with the how to read like a lawyer, think like a F.B.I. from 1943-46. Prior to coming lawyer, speak like a lawyer. to Michigan, he also had taught at “Later, I acquired an office facing his the University of Tennessee and the across the courtyard. However early University of Oklahoma. I came in, I would see Frank pacing A member of Phi Beta Kappa, Phi his long office, class notes in hand, Kappa Phi, and Order of the COIF, preparing. Today, when I read a case, Browder chaired the ABA’s Committee I enjoy the craft pleasure in lawyer’s on Rules Against Perpetuities from work that I began to acquire from Frank. 1966-71. Holmes wished for the ‘subtle rapture Browder wrote or co-authored a of a postponed power’. By his teaching, number of books, among them American Frank surely earned it.” Law of Property (1952), Family Property “I knew Frank for more than 50 Transactions (1965, 3rd edition 1980), years, first as my teacher, then as the Basic Property Law (1966, 5th edition dean responsible for my decision to join 1989), and Palmer’s Cases on Trusts and the Michigan faculty, and finally as a Succession (4th edition 1983). colleague and friend,” recalled Professor Lawrence W. Waggoner, ’63, Michigan Emeritus and former dean Terrance Law’s James M. Simes Professor of Law, Sandalow. “More than anyone I have described Browder as a students’ favorite known during that time, he embodied among teachers and a highly regarded the intellectual virtues at which a liberal scholar. “Olin was my teacher, colleague, education aims. A consummate teacher co-author, and friend,” said Waggoner, and scholar, his efforts in both areas were with whom Browder co-wrote Family marked by deep learning, keen insight, Property Transactions and Palmer’s Cases and a quality much rarer even among the on Trusts and Succession. “As a teacher, ablest teachers and scholars—wisdom. he was very popular. In and out of the “Although a very private man, Frank classroom, he was quiet, yet had a lot to was a warm and generous friend—at say and said it efficiently.” times, perhaps, generous to a fault, as in “He also had a devilishly subtle sense his seeming inability to see the failings of of humor,” Waggoner added. “He made his friends. But that is, surely, the most you chuckle, not laugh out loud. As a forgivable of faults, one that those of us who were his friends have good reason to prize.”

LQN SPRING 2007 77 BRIEFS BRIEFS

IN DETAIL Campbell Moot Court final decision

78 Campbell Moot Court final decision After a grueling competition that covered much of the academic year and included 82 competitors, 30 79 MLK Day speaker: Injustice must be confronted faculty judges, and more than 200 Michigan Law graduates who adjudicated preliminary rounds, the team of Jeremy M. Suhr (standing center below) 80 Microsoft VP: Courts lead international decisionmaking and Robert P. Stockman (seated center below) emerged as victors in the finals of this year’s 81 New York Times Editor: Press cannot be government’s mouthpiece Campbell Moot Court competition. The team also won for best brief, and Stockman was named best 81 S.J.D. candidate headed for International Court of Justice traineeship oralist. They faced the team of co-finalists Caitlin M. Bair and Jessica Berry (left to right at lower 82 Honoring Juan Luis Tienda: Gone 30 years—and still remembered right) in a hypothetical case focusing on two main issues: 83 Speaker: Political will, public pressure make or break court decisions • Can a pretrial detainee in the custody of a 84 Carpenter Banquet speaker: ‘Tomorrow isn’t promised to any of us’ private corporation state a claim against individual employees of the corporation under Bivens v. Six 85 Court is in session Unknown Federal Narcotics Officers, 403 U.S. 388 (1971); and 85 First-hand experience leads to Refugee and Asylum Law Fellowship • To what extent, if any, do pretrial detainees enjoy a Fifth Amendment right to privacy in their 86 2007 Fiske Fellows HIV-status? Both teams faced constant questioning from 86 Michigan Law launches new clinic for low-income taxpapers judges for the final competition (left): the Hon. Gerald Tjoflat of the U.S. Court of Appeals for the 87 Commencing the journey Eleventh Circuit (leading the way into the competi- tion site); the Hon. Deanell R. Tacha, ’71, chief judge of the U.S. Court of Appeals for the Tenth Circuit, who acted as chief justice for the competi- tion; and the Hon. Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.

78 LQN SPRING 2007 MLK Day speaker: Injustice must be confronted

Speak up when you see injustice, and wrongful convictions. “For every believe in the power of your words to eight who are executed, we have produce justice, capital defense specialist identified one who was exoner- and law professor Bryan Stevenson told ated.” a Law School audience on Martin Luther Today, one of every three King Day in January. African American men between Stevenson, executive director of the the ages of 18 and 30 is in jail or Montgomery, Alabama-based Equal prison or on parole, and within Justice Initiative and a professor at New the last decade the number of York University School of Law, visited women of color in prison has Michigan Law in January as the Law increased 600 percent, he said. School’s speaker for the University- U.S. prisons hold some 2.3 wide Martin Luther King Symposium, million inmates, and across the which celebrates the federal holiday and country some 4.1 million people commemorates have lost the right to vote because the assassinated of their criminal convictions. In civil rights leader. Alabama, Stevenson reported, Stevenson, who state laws that deny voting rights has argued before to convicted felons mean that “in the U.S. Supreme the next 10 years you will have a Court and is higher rate of disenfranchisement than Words have power and can create justice, Martin Luther King Day speaker Bryan nationally known when the Voting Rights Act was passed.” Stevenson tells his Michigan Law for his work in death penalty cases and on By way of example, he told the story audience. behalf of low-income people, taught at of the elderly African American woman Michigan Law about 10 years ago. who was among those her neighbors had like that in McLeskey v. Kemp, the 1987 case Speaking without notes on the subject picked to represent them by occupying in which the Court acknowledged that “Confronting Injustice,” Stevenson ranged one of the few seats available at a trial some racial bias in handing down death widely over topics from the injustice to get a man off death row. Frozen with sentences is inevitable, he continued. of sentencing young teenagers to life fear by a large dog authorities used to Thirty-three years earlier, in Brown v. without parole to the modern-day with- guard the courthouse—a tactic she said Board of Education, the Court could have holding of voting rights from convicted reminded her of authorities’ use of dogs accepted some bias in school attendance felons. to quell the civil rights demonstration in patterns, but it didn’t, Stevenson pointed “In the criminal justice system where Selma, Alabama, in 1965—the woman out. “I continue to believe that McLeskey I work, your entire fate is controlled by determinedly returned the next day, is the Dred Scott of your generation,” he wealth,” Stevenson asserted, citing as faced down the dog, and took her place in said, referring to the 1857 U.S. Supreme evidence the disproportionate number the courtroom. “I am here,” she defiantly Court case that overturned the Missouri of black and poor people sentenced to told the courtroom. Compromise and declared that African execution or life imprisonment and the “The power of being a witness, of Americans could never be U.S. citizens. fact that some 38 million Americans saying something, is the most powerful Speaking out isn’t always easy, he currently live below the poverty line. thing we can do,” Stevenson emphasized. warned his listeners. “I caution you that “Our system treats you much better if “A country that is comfortable with being hopeful, being a visionary, will you’re guilty and wealthy than if you’re 38 million people in poverty must be sometimes cost you.” innocent and poor.” challenged,” he continued. “A country But “I came here,” he continued, In the case of capital punishment, that tries 13- and 14-year-old children as drawing on King’s words, “to tell you to he reported, modern DNA and other adults must be confronted.” ‘Keep your eye on the prize’ and hold evidentiary methods have corrected many So must U.S. Supreme Court decisions on.”

LQN SPRING 2007 79 Microsoft VP: Governments lead Student Funded Fellowships international decisionmaking Auction Night

National governments remain the to illustrate the variety of influence The auction for Student Funded primary decision makers in the inter- points and approaches that come to Fellowships is a rite of spring at Michigan Law, a rite in which students, faculty, national arena, despite the growth in bear when law and technology interact and staff all participate to raise funds for number and influence of multi-national in the international arena. In addition, fellowships for law students who wish to organizations like the World Trade Smith predicted, technological advances spend the summer working in public service Organization and the World Intellectual will continue to change the information positions. This year’s auction, with addi- Property Organization, according to a industry, geological and life sciences, tional support from graduates and firms helping to sponsor the event, raised more top official at Microsoft who has worked and other fields for the remainder of this than $62,000. Below, Professor Sherman L. extensively in the firm’s international century. Globalization also will be more Clark takes his turn as auctioneer and an activities. of a factor in these fields, he said. audience member makes a bid. In the end, “ninety-nine percent of Recognized law often cannot keep the decisions are by governments,” Brad up with rapid technological change, Smith, Microsoft’s senior vice president and in the global arena a company like and general counsel told Michigan Law’s Microsoft may face the same issue International Law Workshop in March. in many countries at the same time, Smith used his talk, “The Role of according to Smith. And it can be very Global Corporations in the Making and time-consuming to reach a “globally Implementation of International Law,” singular result” because consensus usually begins at the national level and only then slowly gains multi-national or global acceptance. But global agreement is possible, he noted. In the 1980s, he reported, only four European countries recognized copyright protection for software. But since then nations around the world have recognized the value of such protec- tion and have implemented it nearly worldwide.

Microsoft Senior Vice President and General Counsel Brad Smith meets with law students in an informal session shortly before his lecture to Michigan Law’s International Law Workshop on “The Role of Global Corporations in the Making and Implementation of International Law.”

80 LQN SPRING 2007 New York Times editor: Press cannot be government mouthpiece S.J.D. candidate headed for International Court of Justice traineeship New York Times Executive Editor Bill The New York Times did not print the S.J.D. candidate Noam Wiener, LL.M. Keller acknowledged that the American story for a year after reporters first ’06, has been chosen to participate in press stumbled in its coverage of the discovered it, Keller said. Instead, the nine-month university traineeship program at the International Court events leading to the U.S. invasion of editors demanded further fact gathering of Justice in The Hague beginning Iraq in 2003, but overall he staunchly by the reporters, but finally decided that in September. This is the fourth year defended the significance of the press’ public knowledge of the program was that Michigan Law has participated role as questioning observer of govern- more important than keeping it secret. in the program and Wiener is the Law ment action during a lecture at the Law “Government officials want it both School’s fifth nominee to receive a traineeship at the court. The highly School last fall. ways,” he said. “They want to protect the competitive traineeships are awarded The Times won a Pulitzer Prize for its secrets and trumpet the successes.” to nominees from a group of nine disclosure of the federal government’s Keller discussed this and other aspects law schools, warrantless surveillance program, of modern journalism as he delivered including but the paper also was the target of the 16th annual University of Michigan Columbia, Yale, White House, executive branch, and Senate’s Davis, Markert, Nickerson Georgetown, congressional vilification for disclosing Lecture on Academic and Intellectual Virginia, the highly secret activity, according Freedom. The annual lecture commemo- New York to Keller. He himself paid his only rates three U-M faculty members who University, visit to the Oval Office to discuss the lost their jobs during the 1950s for McGill, story with President Bush, who, Keller Strasbourg, refusing to cooperate with investigations and Geneva. reported, told him The Times would be by the House Un-American Activities Wiener responsible for the next terrorist action Committee. Keller called his talk earned his in the United States if it printed the “Editors in Chains: Secrets, Security, and bachelor’s story. the Press.” degree in political science at Tel-Aviv University. At Michigan Law, he has “How do we reconcile our obligation received the Grotius Scholarship to inform with the responsibility to and has seved as an article editor protect?” he asked. In the case of Iraq, on the Journal of International Law. he answered, “Reporters don’t disclose His S.J.D. doctoral work is under the intelligence.” In the case of the story on supervision of Assistant Professor of the National Security Agency’s eaves- Law Steven Ratner. During 2001-02 Wiener worked dropping program, “We took more than with a law firm in Tel-Aviv, where a year for additional reporting.” he assisted in litigating human To fulfill its role of informing citizens, rights cases growing from the Israeli journalism must verify its information, occupation of southern Lebanon, the believe in transparency, and be “agnostic West Bank, and the Gaza Strip. From 2002-05, he worked as a teaching as to where a story may lead,” according assistant at Tel-Aviv University and to Keller. “Impartial journalism,” he said, was a research fellow at the Concord “like child rearing, an unachievable goal, Research Center for the Interplay but a worthwhile one.” between International Norms and During his visit Keller also met with Israeli Law. His current research concentrates on international criminal a select group of Law School faculty and tribunals, how they justify the punish- students. ments they decide, and how these actions affect judicial and prosecuto- rial policy. Bill Keller, executive editor of The New York Times at the Law School

LQN SPRING 2007 81 Honoring Juan Luis Tienda: Gone 30 years—and still remembered

By the time of his fatal auto accident Today, he said, to look out and see how 30 years ago, Juan Luis Tienda already that first Sunday dinner of rice, beans, had made a profound impact on his tortillas, and tamales in the Lawyers classmates and teachers. An impact that Club has “grown and grown into what continues to this day in the form of the there is here tonight, makes it very annual Juan Luis Tienda Scholarship special.” Banquet, which drew more than 250 Tienda’s short life was not an easy Let’s continue Juan Luis Tienda’s tradi- participants last February and featured one, but he lived it fully and quickly tion of social concern, Miguel Rodriguez, the awarding of three scholarships inspired those who knew him. He lost ’77, tells listeners. Rodriguez was one of to law students, an additional special his mother when he was five and grew four Tienda classmates and organizers of the original banquet who spoke at this award from the Hispanic National Bar up in a poor family in Detroit. He year’s program. Behind him from left, are entered the U.S. Army after high school Santiago Pellegrino, ’77, Paul Zavala, ’78, because the G.I. Bill offered him the and Arturo Nelson, ’77. chance to attend college, and earned his bachelor’s degree from Michigan State University in three years so he could think Juan did that. Let us continue that apply his remaining year of G.I. benefits tradition.” to law school tuition. At the Law School, Tienda’s legacy also lives on in the he headed La Raza, the predecessor to competitive scholarships that LLSA today’s Latino Law Students Association awards each year to selected first-year J.T. Canales Distinguished Alumni Award (LLSA), formed and worked during the students who reflect the dedication to winner Monica P. Navarro, ’93, reminds summer on a program to help migrant public service that marked Tienda’s life. listeners that despite advances in number, U.S. Hispanics still lag behind the overall workers, and proved a constant source of This year’s winners were David Pacheco, population in earnings, education, and support to his fellow students. Shana Ramirez, and Kristen Rodriguez. other factors. “He was tall, lanky, with long hair,” This year’s banquet also featured recalled Santiago Pellegrino, ’77, of the first-time presentation of a special Association Foundation, and presentation Delta College in Michigan. “He looked leadership award/scholarship from of the J.T. Canales Distinguished Alumni like a hippie—and maybe he was, but he the Hispanic National Bar Association Award. had this infectious smile that would light This year’s 22nd annual banquet— up the room when he entered. He was there was a break during the 1970s— quite a charismatic person.” was a time for remembrances: Tienda’s “I was a 1L when I got to know Juan,” four sisters attended, as did members recalled Paul Zavala, ’78, now a member of his extended family, and instead of GM’s legal staff. “I was scared, and of featuring a single keynote speaker, stressed. . . . And Juan said, ‘Don’t banquet co-chairs Luis A. Barrerra and worry, Paul, you’ll make it.’ Andrew Knepley invited four classmates “He’s the model that we all aspire to of Tienda to share their memories of the as we try to make the world a better From left, Daniella Polar, recipient young future lawyer whose life was cut place.” of this year’s special scholarship from so tragically short in 1976. “There is strength in diversity, but the Hispanic National Bar Association only when we respect each other,” Foundation, and Juan Tienda Miguel Rodriguez, ’78, was a second- Scholarship winners Shana Ramirez, year law student when Tienda died in an Arturo Nelson, ’77, District Judge for David Pacheco, and Kristen Rodriguez. auto accident, and “I felt we just had to the 138th District Court in Cameron find a way to do something,” he recalled. Country, Texas, told banquet goers. “I

82 LQN SPRING 2007 Speaker: Political will, public pressure make or break court decisions

Foundation to first-year law student Judicial decisions need to be backed Daniella Polar. by political will and public support to The annual J.T. Canales Distinguished work significant change, a veteran of Alumnus Award went to Monica P. civil rights disputes told a standing- Navarro, ’93, of Detroit-based Frank, room-only crowd at the Law School Haron, Weiner and Navarro. Despite earlier this year. And those decisions can continuing gains in numbers—Hispanics interpret the same laws and same words differently at different times, in large are now the largest minority in the Jack Greenberg United States and are expected to part because of the political and social account for one-quarter of the U.S. currents that can upend or buoy up a population by 2025—Hispanics lag court’s ruling. Greenberg illustrated his point with behind in high school graduation rates That’s how Jack Greenberg, who a brief history lesson on racial integra- (55 percent), Master’s level and higher was assistant counsel with the NAACP tion: A “synergy of law and society” degrees (4 percent and 2 percent Legal Defense and Educational Fund produced considerable racial integration respectively), are not well represented at from 1949-61 and then succeeded in the South after the Civil War despite managerial levels in business, and suffer Thurgood Marshall as director counsel significant opposition, Greenberg a poverty rate double that of the rest from 1961-84, described the shifting explained. But the shift stalled with of the population, reported Navarro, currents of jurisprudence that flow from the Compromise of 1877 that decided who came to the United States from the country’s courts, especially the U.S. “a race as close as Bush v. Gore” in 2000, Colombia when she was 17. Supreme Court. Greenberg continued. Rutherford B. “You belong in the boardrooms, in In the 19th century for example, Hayes eked out a victory by promising to the White House,” said Navarro, herself the interpretation of “equal protection” withdraw U.S. troops from the South if a Tienda Scholarship winner in 1991. that led to major progress by African he were elected. Hayes kept his election “Think what odds you’ve already beat to Americans after the Civil War led to the promise, thereby removing the federal be here.” “separate but equal” decision of Plessy lid from the anti-integration forces, The J.T. Canales Award commemo- v. Ferguson and then swung back again whom Greenberg called “Redeemers.” rates the 1899 graduate considered nearly 60 years later in the “separate The Plessy ruling in 1896 “reflects the to be the first Hispanic to graduate is not equal” interpretation at the core reality of the power of the redeemers,” from Michigan Law. José Tomás “J.T.” of Brown v. Board of Education in 1954, Greenberg noted. The shift changed the Canales challenged Texas Rangers’ according to Greenberg, a faculty legal definition of “equal protection” treatment of Mexican Americans, member and former dean at Columbia from one that opposed segregation to served as an appellate attorney in the University Law School. one that supported it, he continued. It first Texas case concerning segregation Greenberg, who helped to argue would not shift back until the close of of Mexican school children, and was Brown before the U.S. Supreme Court World War II, when black migration involved in Delgado v. Bastrop ISD, the and also is a founder of the watchdog from the southern United States to case to eliminate Texas’ separate public organization Human Rights Watch, the North, the fact of the Holocaust, education for Latinos. was the keynote speaker for the initial passage of the Universal Declaration of After he retired, Canales remained program in the Uniting Civil and Human Human Rights in 1950, and other factors active in the Mexican American civil Rights Symposia Series, sponsored by the combined to set the stage for reversing rights movement, served on the first College of Literature, Science and the the meaning of “equal protection” again board of directors of the League Arts’ Human Rights Through Education that led to the Brown decision in 1954. of United Latin American Citizens organization and co-sponsored by the Today, once again “desegregation has (LULAC), and served as LULAC’s Law School’s Center for International slowed and is declining,” he reported, president in 1932-33. and Comparative Law along with other the victim of Court decisions banning supporters. busing across school district lines.

LQN SPRING 2007 83 Carpenter Banquet speaker: ‘Tomorrow isn’t promised to any of us’

For Daniel S. Varner, ’94, the legacy of organized sports, tutoring, summer reminded his listeners, “and if you’re going Alden J. “Butch” Carpenter is so real and camps, and other activities to mentor to do something, do it now. Do it right personal that he sometimes has difficulty and develop character in Detroit’s away.” discussing it. youngsters. Think Detroit, which uses This year, three first-year law students No, he never met Carpenter, the some 1,500 volunteers to serve about received a total of $35,000 in Carpenter Detroit-born law student who died 13,000 youngsters each year, merged Scholarship aid through a competitive suddenly in 1978 while playing basket- last year with the Detroit Police Athletic application process that uses past, current, ball, whose ideals of community service League into what now is called Think and intended public service as its main are commemorated each year at the Detroit PAL. measure of evaluation. This year’s winners Alden J. “Butch” Carpenter Scholarship Hurtt’s expert hand guided that were Aisha Harris, Lisa Helem, and Vernon Banquet. merger. Mirroring Carpenter’s goals of Thompson. community service, Hurtt had been a The Black Law Student Alliance (BLSA), volunteer and board member with Think which sponsors the annual Carpenter Detroit for many years, and when Varner Scholarship Banquet, also honored former asked him to come aboard to shepherd Michigan Law Assistant Dean of Students the merger with Detroit PAL he didn’t Charlotte Johnson, ’88, for her support of hesitate to leave his much higher paying diversity at the Law School and her assis- job to join his friend. tance with BLSA and its programs. Johnson Like Butch Carpenter, Hurtt opted was unable to attend this year’s banquet. for community improvement over She left the Law School last summer to income. And like Carpenter, he was become vice president and dean of the denied the satisfaction of seeing the full college at Colgate University in Hamilton, benefits of his work. Hurtt died January New York. 20, 2007, at the age of 38. “Tomorrow Keynote speaker Daniel S. Varner, ’94 isn’t promised to any of us,” Varner

Varner enrolled in the Law School Butch Carpenter Scholarship recipients Aisha Harris, Vernon Thompson, more than a decade after Carpenter’s and Lisa Helem. tragic death at age 28. But like many law students, he knew of Carpenter. His friend and Law School classmate D. Duane Hurtt, ’94, won a Carpenter Scholarship in 1992, and the pair worked closely together after they graduated. “The legacy of Butch Carpenter is special for me—because of Duane Hurtt,” Varner explained in his keynote talk to Carpenter banquet participants at the 29th annual banquet in March. “I feel in many ways like I know him through Duane Hurtt.” Varner in 1997 co-founded (with fellow Law School graduate Michael F. Tenbusch, ’96) Think Detroit, a nonprofit organization that uses

84 LQN SPRING 2007 First-hand experience leads to Refugee and Asylum Law Fellowship

For law student Aref M. Wardak, the This year’s other three fellowship life-changing war in Afghanistan was not winners and their assignments are: the current one against terrorists and the • Maleeha Haw, ’07, a native of Taliban. It came 20 years ago when the Pakistan who came with her family to Soviets invaded Afghanistan. Wardak’s the United States in 1992, who will Court is in session—Chief family fled “and found our way to the be working with the refugee policy Judge Bernard Friedman of the U.S. refugee camp in Pakistan,” as he recalled program of Human Rights Watch in District Court for the Eastern District in a recent essay. “However, unlike Washington, D.C.; of Michigan brought his courtroom to Michigan Law last winter so that millions of Afghans, my family was able • Martina Pomeroy, who graduates students could see and hear real cases to escape from the disease and starvation in December, will be working with being argued and actual decisions being prevalent in the camp for the promise of the Jesuit Refugee Service (JRS) in handed down. Here, Friedman listens a better life in America.” Lillongwe, Malawi, a new posting for intently as attorneys argue an insurance The experience branded Wardak’s the fellowship program that means she coverage case whose history included at least three previous lawsuits and values in a way that he expects to shape will serve as “the first advocacy-oriented at least one jury verdict. During the his professional career. “I am quite aware member of the JRS team in Malawi,” Motions Day proceedings, Friedman and of the fact that were it not for mere according to JRS; and attorneys also explained the cases to chance that brought my family, instead • Rachel A. Simmons, who graduates law students, who had filled the room of another, to America, I might be next year, will be an associate with before court opened. Afterward, below, Friedman and his clerks shared a brown scrounging for food instead of attending the refugee program of Amnesty bag luncheon with students to discuss classes,” he explained in his successful International’s international secretariat how clerkships operate within the court application for one of four Michigan Law in London, England. system and benefit judges, courts, and fellowships in refugee and asylum law. Fellows this year for the first time law school graduates alike. Friedman, “This humbling understanding motivates have the option to extend their usual center, was accompanied by, from left, career clerk Jennifer McManus and me to be involved in issues concerning six-week assignments to a maximum of term clerk Jeff Imerman, plus career refugees.” 10 weeks, reported Professor James C. clerk Steve Thoburn (not shown). The Later this year Wardak, a 3L who Hathaway, who directs Michigan Law’s program was sponsored by the Federal will graduate in December, will head Refugee and Asylum Law Program. Bar Association. for New Zealand to work for at least The innovation offers the opportunity six weeks with that country’s Refugee for a deeper, more nuanced and more Status Appeals Authority in Auckland. complete experience, Hathaway He’ll “have an opportunity to observe explained. the refugee determination process from Hathaway and Assistant Dean for the inside, including attending appeal International Affairs Virginia Gordan hearings and discussing cases with evaluate applicants and determine the panel hearing the appeal,” says the fellowship winners. Fellowship recipi- description of his posting. He’ll also ents receive airfare to/from their assign- have the opportunity to do research on ments and a living expenses allotment, legal matters and conditions in refugees’ and must complete their assignments home countries, as well as visit first-line between May and August. immigration decision makers and meet with members of the refugee bar. Much of the time he will be working with RSAA Deputy Chairperson Rodger Haines, who has taught at Michigan Law.

LQN SPRING 2007 85 Michigan Law launches 2007 Fiske Fellows new clinic for low-income Robert B. Fiske Jr., ’55, is shown with taxpayers 2007 Fiske Fellowship winners Neil J. Beck, ’07, Thomas A. Ferrone, ’07, and alternate Thomas Dillon, who Michigan Law has expanded its highly will graduate from Michigan Law in regarded clinical teaching program December, at the dinner for fellow- ship winners in Ann Arbor in March. with the opening of its Low Income Fellowship winner Toni Gantz, ’06, Taxpayer Clinic (LITC), the School’s and alternate Breanne M. Sheetz, who eighth publicly-oriented law clinic. As in graduated in May, were unable to attend the School’s other clinics, clients in the and are not shown. The fellowships were new LITC will be served by second- and established by Fiske, a senior partner with Davis Polk & Wardwell in New York third-year law students working under City whose public service has included supervision of a faculty member. serving as the first independent counsel Supervising attorney for the new for the Whitewater Investigation and clinic is Nicole Appleberry, ’94, an as chairman of a judicial commission adjunct clinical faculty member who on drugs and the courts appointed by New York State Chief Judge Judith specializes in tax matters. As a student at S. Kaye. The fellowships are awarded Michigan Law, Appleberry participated competitively to law students and recent in the Child Advocacy Law Clinic and graduates who will work in national, the Family Law Project. She served state, or local government positions. as an assistant prosecuting attorney in Each fellowship provides debt repayment assistance for the three-year duration of Livingston County, Michigan, and since the award plus a $5,000 first-year cash 1999 has practiced with Ferguson & stipend. Two of this year’s winners will Widmayer PC in Ann Arbor, where work with the federal government, and she focuses on tax-related matters. the third will work in a New York City Appleberry is a Washtenaw County government post: Beck, who received his J.D. in May and his M.P.A. from Harvard (Michigan) approved civil mediator University’s Kennedy School in June, and serves as co-chair of the taxation will work within the U.S. government; section of the Washtenaw County Bar Ferrone, who also received his J.D. in Association. She earned her LL.M. May, will work as a legislative assistant in taxation in 2000 at Wayne State or counsel in the legislative branch of University Law School. the federal government; and Gantz, ’06, currently doing a court clerkship, in Being launched with a Tax Advocacy August will begin serving as assistant Program grant from the Internal corporation counsel in the general litiga- Revenue Service (IRS), the clinic is tion division of the New York City Law designed to enroll six law students and Department. is expected mostly to assist clients with issues under a $50,000 ceiling regarding Internal Revenue Service notices, liens, and levies; tax installment agreements; tax audits; collection hearings and conferences; earned income and child tax credit eligibility and denial; and similar matters.

86 LQN SPRING 2007 Commencing the journey

Three-and-one-half-year-old Ria West Young Telemachus accepts the aid of tugged at her mother’s hand as she another’s wisdom and craft, he labors in crossed the Michigan Theater stage and the company of friends and shipmates, tried to veer into hand-reaching range and they honor “that which has given of the flowers that decorated the stage them the reason and the courage to set for Senior Day in December. Her action sail,” Clark noted. brought appreciative smiles and laughter “We cannot know now what each of from graduates and onlookers alike—as you will accomplish—or what you will well as a blossom-denying counter tug encounter. . . ,” Clark concluded. “But if from her mother, graduating law student you can do these things: Susan West. v“If you can face with courage your In making her move to snag a place in the world; memento, Ria simply was acting out v“If you can respect and be guided by what everyone at the ceremonies was your craft, your wisdom; doing: Identifying something special v“If you can build community with true from the day to take away and treasure. friends [and] worthy colleagues; For graduates, perhaps the excitement v“And, if you can keep fresh [and] of moving on to work and profession, honor the dreams that have inspired you certainly the satisfaction of completing so far, three years of legal studies. For parents, “If you can do these things, your spouses, and other well-wishers, pride in journey will be a noble one. And you can a loved one’s significant accomplishment. make a story worth telling.” To move from the halls of the Law Other speakers included Law School School to the halls of justice is not to Student Senate President Grace Lee, make an easy passage, nor does the graduate Matthew Paul Herrick, and conversion bring graduates to times of Dean Evan H. Caminker, who noted ease. Many have made the transition in his welcoming remarks that the since Michigan Law began in 1859, but graduates are entering the legal profes- each individual’s passage has been just sion at a time of momentous questions that—individual, and thus new, special, concerning U.S. presidential powers and and unique. Law Professor Sherman L. other issues. When there is this much at Clark reflected upon this as he began his stake, he said, it is “critical” that people commencement talk: trained in the law are involved in the “It is perhaps a cliché to invoke, at a debate. graduation, the image of embarkation. And, yes, Ria West got her blossom— But a cliché is just a truth-worn tale.” after the ceremony. To illustrate, he reached back more than 3,000 years to the timeless tale of a warrior trying to return home: “So listen [from the Robert Fagles translation] to how it sounded when it was fresh—this from The Odyssey—the end of the second book—where young Telemachus, having come of age and been inspired by Athena, sets off in search of news of his father.”

LQN SPRING 2007 87 ARTICLES

IN DETAIL

89 A measure of honor

Mark D. West, Nippon Life Professor of Law Mark D. West is director of both the Law School’s Japanese Legal Studies Program and its Center for International and Comparative Law; he also directs the University of Michigan’s Center for Japanese Studies. He has studied and taught at the University of Tokyo and Kyoto University, and has been a Fulbright Research Scholar, an Abe Fellow, and a fellow of the Japan Society for the Promotion of Science. Fluent in Japanese, he clerked for the Hon. Eugene H. Nickerson of the U.S. District Court for the Eastern District of New York and practiced with the New York-based international law firm Paul, Weiss, Rifkind, Warton & Garrison LLP. He is the author of Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules (2004), Law in Everyday Japan: Sex, Sumo, Suicide, and Statutes (2005), and Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States, from which this excerpt is taken. West also is an editor of The Japanese Legal System: Cases, Codes, and Commentary (2006). He earned his B.A., magna cum laude and Phi Beta Kappa, from Rhodes College, and his J.D. with multiple honors from Columbia University School of Law, where he was notes and comments editor for the Columbia Law Review.

91 On amending Executive Order 12866: Good governance or regulatory usurpation?

Sally Katzen Dyk, ’67, a Public Interest/Public Service Fellow at Michigan Law, served as administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) for the first five years of the Clinton Administration, then as the deputy assistant to the president for economic policy and deputy director of the National Economic Council, and then as the deputy director for management of OMB. She has taught administrative law and related subjects at Michigan Law as well as George Mason University Law School and the University of Pennsylvania Law School. She also has taught undergraduate seminars in American government at Smith College, Johns Hopkins University, and the University of Michigan in Washington Program.

88 LQN SPRING 2007 A measure of honor by Mark D. West

The following excerpt from Secrets, Sex, and Spectacles: The Rules of Scandal in Japan and the United States (University of Chicago Press, 2006) appears here with permission of the author and publisher. The selection is from the chapter “Privacy and Honor,” in which the author finds that Japan has more than twice as many defamation cases per capita than America, “despite the fact that America has about 50 times more lawyers.”

People in Japan sue despite low damages—and win—over some things that sound rather silly. Actress Reiko Ohara sued a publisher of women’s weekly Josei Jishin over an article that claimed she was causing trouble in her neighborhood by yelling “Shut up!” at her dog, not cleaning the leaves out of her drainage ditch, and never apologizing to anyone (she won). Architect relative homogeneity and social density lead to a stronger Kisho Kurokawa—whose work was the inspiration for Japan’s consensus on what behavior is acceptable or, as in seventeenth- capsule hotels—took a weekly to court because it said that century American communities, increase a court’s ability to people in Toyota City did not like the skeletal look or the cost restore a plaintiff’s honor. of a “10-billion-yen dinosaur bridge” that he designed (he won, Or maybe the difference lies in litigation strategy, since too). Dewi Sukarno, a Japanese-born socialist celebrity and some suits seem to have little to do with defamation. In 2002 former first lady of Indonesia, sued the publisher of the sport a group of 131 Tokyo women sued Tokyo governor Ishihara for paper Yukan Fuji over claims that her English pronunciation is defamation because he referred in a Shukan Josei interview to poor (they settled in Tokyo District Court). The rules increase women—not the plaintiffs in particular, just women—as old the chances of winning for such people, but even if they had hags (babaa) (they lost). Three years later, the governor had a 100 percent chance of success, shouldn’t they be able to get new foes: a group of French and Japanese teachers of French, over it? demanding $100,000 and an apology for his remark that French Law doesn’t wholly capture this phenomenon. The plaintiffs is “disqualified as an international language” because it “cannot do not find their claims silly. Nor are courts rolling their eyes count numbers.” In 2002 superstar kygen actor Motoya Izumi and begrudgingly awarding damages; their opinions often sound claimed that the Japan Noh Association defamed him when it as outraged as the plaintiffs’ briefs (though when I discuss the kicked him out for his tardiness, double booking, and unauthor- cases privately with Japanese judges, they volunteer the word ized use of the “headmaster” title (he lost and became a pro “silly”). Not all plaintiffs are seeking publicity: how much wrestler). In a 1998 case, Kabuki actor Ennosuke Ichikawa sued publicity could be gained by the small-time haiku poets and an overexuberant fan who claimed one too many times that traditional storytellers who bring suit? she was engaged to marry him (he won). Or how about this One reason these cases are not publicly treated as silly is that one from 1988: a senior citizen sued the chairman of a senior the stories actually do damage reputations. In Reiko Ohara’s citizens’ club for the damage that he claimed to have incurred case, for instance, the court noted that she would lose consider- when he was kicked out for playing his accordion too long and able income from a resultant inability to appear in television generally annoying everybody (he lost). commercials. If a well-known actress can lose significant income The plaintiffs seem to be using defamation law to get at because a tabloid says she yells at her dog, Japanese reputation something else; perhaps it serves as a means of expressing seems awfully fragile. I’ve already suggested one possible reason anger, as a means for gaining official approval or public recogni- for the fragility: the defamer, in this case, sensational television tion of a position, or as a substitute for other remedies that are shows and tabloids, might be particularly credible. Or maybe difficult to obtain in Japan. The Tokyo women were making a some defamed people are simply more susceptible to harm; the statement about sexism and inappropriate language; one of the organization of the plaintiff’s industry or her social group might lead plaintiffs effectively admitted as much when she said, “I make her particularly vulnerable. More broadly, maybe Japan’s know I’m an old hag, but Mr. Ishihara is not entitled to call me

LQN SPRING 2007 89 that.” The kyogen individual, namely, what might be interpreted as pride [meiyo actor seems to kanjo, literally, personal ‘feelings of honor’].” That formulation have simply tacked sounds much closer to the American concept of defamation as on a defamation reputational harm. claim to an invalid But what ordinary plaintiff in Japan is going to read Supreme vote suit, and Court opinions? People just know that meiyo kison (defamation) the Kabuki actor must be about damage to meiyo (honor), for why else would it apparently needed be called that? to rid himself of a What’s more, even the courts seem confused at times. The pseudo-stalker. The Tokyo District Court has found defamation when a person is senior citizens and called “ugly” (busu) and a “runt” (chibi). Those comments are the French speakers insulting, but it’s hard to see how they would lower a person’s probably had hurt feelings, and they were angry. social standing. In a handful of cases, courts have explicitly held These cases suggest that defamation cases in Japan and defendants liable for insult-like injuries—but those courts don’t America differ not only quantitatively but qualitatively as well; call the injury “defamation” (meiyo kison); they call it “injury to we don’t see many cases of this sort in the United States. A pride” (meiyo kanjo no shingai). When a person is called “frog notable exception is the defamation suit brought by gangsta- face,” or when a photograph of a nuclear power plant protestor rap antagonist Delores Tucker against rapper Tupac Shakur. fishing in a nearby lake is used as public relations material by Shakur called Tucker a “muthafucka” in the lyrics of a popular the power plant, or when a person tries to have his neighbor song. Tucker sued. She lost: the court found the word to be a legally committed to a psychiatric institution with no basis mere “vigorous epithet” that is “unpleasant at best and vulgar at other than hate, there’s no ground for defamation because the worst.” Tucker’s injury is somewhat similar to that of the Tokyo plaintiff’s social standing isn’t lowered, but the defendant can “old hag” plaintiffs (except that Tupac’s epithet was explicitly still be liable under a “pride” theory. Compare that to U.S. directed at Tucker and not at a large group). Did Tucker, a civil courts, where the leading statement on torts says that “a certain rights activist who marched alongside Martin Luther King amount of name-calling is frequently resorted to by angry Jr., really think that her social standing was lowered when a people without any real intent to make a defamatory assertion, deceased rapper who called many people muthafuckas labeled and it is properly understood by reasonable listeners to amount her one? I suspect that her injury, though perhaps very real to to nothing more.” So Delores Tucker loses against Tupac in the her, was of a different sort. United States, but she might win in Japan. Compared with Japanese suits, cases like Delores Tucker’s All of which suggests that when we compare the frequency are rare in America. The difference in frequency lies in differing and bases for defamation actions in Japan and America, it’s not conceptions of honor. In the United States, some suits are about at all clear that we’re comparing the same things. Japan seems economic harm, some are about damage to reputation, and a to place more emphasis on honor, constructing “defamation” very few are about intrinsic notions of honor. But in Japan, it’s as a deeper, broader, or more common injury for which more honor that matters: one of the 131 women who objected to the people might seek redress in a courtroom. Tokyo Governor’s “old hag” line explained that “the honor of It’s no accident or mere happenstance of interest-group older and childless women was hurt,” but that injury surely was politics that leads to this result. Such a high-profile area of the to the pride and personal integrity components of honor, not to law as defamation law would not be the way it is if it did not external perceptions of any of the women by others. serve social interests. The same activist judges who harmonized Note, however, that the popular Japanese concept differs criminal and civil defamation in Japan could have revised the from the official view. The Japanese Supreme Court has made system to award higher damages and require actual malice like clear that the required injury to “honor” in the Japanese statutes the American model. Instead, they have stuck to the system “refers to social honor [shakaiteki meiyo], which does not include that supports norms of honor, deliberately avoiding other paths a person’s subjective evaluation of his own self-worth as an when the option has been presented.

90 LQN SPRING 2007 On amending Executive Order 12866: Good governance or regulatory usurpation? by Sally Katzen

The following essay is based on testimony delivered February 13 before the House Judiciary Subcommittee on Commercial and Administrative Law and the House Science and Technology Subcommittee on Investigation and Oversight.

During the last six years, there has been a slow but steady accompanied the proposed regulation; and President Carter’s change in the process by which regulations are developed and was through the Regulatory Analysis Review Group. Those issued—specifically, in the balance of authority between the rulemakings that were considered significant were reviewed by federal regulatory agencies and the Office of Management and an inter-agency group, which then contributed their critiques Budget. Recently, the Bush Administration has again restricted (often strongly influenced by economists) to the rulemaking agency discretion and made it more difficult for the federal record. agencies to do the job that Congress has delegated to them. In 1981, President Reagan took a significant additional The implications of these changes for administrative law and step in issuing Executive Order 12291. That order formalized regulatory practice are very significant. a process that called for the review of all executive branch On January 18, 2007, the Bush Administration released two agency rulemakings—at the initial and the final stages—under documents. One was expected; the other was not. While I specified standards for approval. The office that President disagree with several of the choices made in the “Final Bulletin Reagan chose to conduct the review was the Office of for Good Guidance Practices,” I recognize that a case can be Information and Regulatory Affairs (OIRA), established by the made that there is a need for such a bulletin. On the other Congress for other purposes under the Paperwork Reduction hand, there is no apparent need for Executive Order 13422, Act of 1980. Unless OIRA approved the draft notice of further amending Executive Order 12866. Regrettably, none proposed rulemaking and the draft final rule, the agency could of the plausible explanations for its issuance is at all convincing. not issue its regulation. As I discuss below, there are at least three aspects of the new Executive Order 12291 was highly controversial, provoking executive order that warrant attention: three principal complaints. One was that the executive order v the way it was done—without any consultation or explana- was unabashedly intended to bring about regulatory relief—not tion; reform—relief for the business community from the burdens v the context in which it was done—coming on the heels of of regulation. Second, the order placed enormous reliance on OMB’s imposing [of] multiple mandates/requirements on the (and reflected unequivocal faith in) cost/benefit analysis, with agencies when they are developing regulations; and an emphasis on the cost side of the equation. Third, the process v the effect it will have and the message it sends to the was, by design, not transparent; indeed, the mantra was “leave agencies—it will be even more difficult for agencies to do their no fingerprints,” with the result that disfavored regulations were jobs because regulations are disfavored in this administration. sent to OMB and disappeared into a big black hole. The critics To put the most recent executive order in perspective, a of Executive Order 12291, including the then Democratic little history may be helpful. The first steps towards centralized majority members of Congress, expressed serious and deep review of rulemaking were taken in the 1970s by Presidents concerns about the executive order, raising separation of Nixon, Ford, and Carter, each of whom had an ad hoc process powers arguments, the perceived bias against regulations, and for selectively reviewing agency rulemakings: President the lack of openness and accountability of the process. Nixon’s was called the Quality of Life Review; President Ford’s When President Clinton took office and I was confirmed by was focused on the agency’s Inflationary Impact Analysis that the Senate as the Administrator of OIRA, my first assignment

LQN SPRING 2007 91 was to evaluate Executive Order 12291 in light of the 12 years Order 12866 instructed agencies to consider “the degree and of experience under Presidents Reagan and Bush, and help draft nature of the risks posed by various substances and activities a new executive order that would preserve the strengths of the within its jurisdiction” (Section 1(b)(4)), and it added to the previous executive order but correct the flaws that had made list of relevant considerations for determining if a proposed the process so controversial. President Clinton would retain regulation qualified as “significant” not only an adverse effect on centralized review of executive branch agency rulemakings, the economy or a sector of the economy, but also “productivity, but the development and the tone of the executive order he would competition, jobs, the environment, public health or safety or sign (Executive Order 12866) was to be very different. State, local, or tribal governments or communities” (Section I was told that Executive Order 12291 was drafted in the 3(f)). White House (Boyden Gray and Jim Miller take credit for the There were other significant differences between Executive document) and presented, after President Reagan had signed it, Order 12291 and Executive Order 12866, including those as a fait accompli to the agencies. The protests from the agencies relating to the timeliness of review and the transparency of the were declared moot. We took a different route, consulting and process, but for present purposes, the key to the difference sharing drafts with the agencies, public interest groups, industry was that President Clinton was focused on a process for better groups, Congressional staffers, and state and local government decision-making and hence better decisions and not a codifica- representatives. When all their comments were considered tion of a regulatory philosophy or ideology. Centralized review and changes made to the working draft, we again consulted was seen as a valid exercise of presidential authority, facilitating and shared our new drafts with all the groups, and again took political accountability (the president takes the credit and comments. More changes were made, and where comments gets the blame for what his agencies decide) and to enhance were not accepted, we explained the basis for our decisions. regulatory efficacy (that is, decisions that take into account The tenor of Executive Order 12866 was also quite different the multitude of disciplines and the multitude of perspectives from Executive Order 12291. As noted above, Executive that can and should be brought to bear in solving problems in Order 12866 retained centralized review of rulemakings, but our complex and interdependent society). But whatever one’s also reaffirmed the primacy of the agencies to which Congress view of centralized review of agency rulemakings, Executive had delegated the authority to regulate (Preamble). Executive Order 12866 was—on its face and by intent—a charter for Order 12866 also limited OIRA review to “significant regula- good government, without any predetermination of outcomes. tions”—those with a likely substantial effect on the economy, The neutrality of the process was essential. President Clinton on the environment, on public health or safety, etc. or those raising novel policy issues (Section 6(b)(1))—leaving to the agencies the responsibility for carrying out the principles of the But whatever one’s view of centralized review executive order on the vast majority (roughly 85 percent) of of agency rulemakings, Executive Order 12866 their regulations. was—on its face and by intent— Executive Order 12866 continued to require agencies to a charter for good government . . . assess the consequences of their proposals and to quantify and monetize both the costs and the benefits to the extent feasible. (Section 1(a)) But it explicitly recognized that some costs viewed regulations as perhaps the “single most critical . . . and some benefits cannot be quantified or monetized but are vehicle to achieve his domestic policy goals” (Kagan, 114 “nevertheless essential to consider” (Section 1(a)). I believe it Harvard Law Review 2245, 2281-82 [2001]), and he spoke often was Einstein who had a sign in his office at Princeton to the of the salutary effects of regulations on the nation’s quality of effect that “not everything that can be counted counts, and not life and how regulations were part of the solution to perceived everything that counts can be counted.” problems. But the executive order was not skewed to achieve While Executive Order 12291 required agencies to set their a pro-regulatory result. The regulations would be debated on regulatory priorities “taking into account the conditions of their merits, not preordained by the process through which the particular industries affected by the regulations [and] the they were developed and issued. condition of the national economy” (Section 2 (e)), Executive When George W. Bush became President in January 2001,

92 LQN SPRING 2007 his philosophy was decidedly anti-regulatory. I know that his with these guidelines; and report periodically to OMB on the advisors considered whether to change Executive Order 12866 number and nature of these complaints. The U.S. Chamber of and they concluded that it was not necessary to accomplish Commerce thought this “would have a revolutionary impact on their agenda. Indeed, President Bush’s OMB director instructed the regulatory process”—keeping the agencies from relying on the agencies to scrupulously adhere to the principles and data that industry thought was questionable. procedures of Executive Order 12866 and its implementing Then came OMB’s Proposed Draft Peer Review Standards guidelines (OMB M-01-23, June 19, 2001). The only changes for Regulatory Science (August 29, 2003), in which OMB to the executive order came two years into President Bush’s attempted to establish uniform government-wide standards first term, and the changes were limited to transferring the for peer review of scientific information used in the regulatory roles assigned to the Vice President to the chief of staff or the process. Peer review is generally considered the gold standard OMB director (Executive Order 13258). for scientists. Yet leading scientific organizations were highly Almost five years later, President Bush signed Executive critical of what OMB was trying to do and how it was doing it, Order 13422, further amending Executive Order 12866. So far and they were joined by citizen advocacy groups and former as I am aware, there was no consultation and no explanation of government officials. They argued that the proposed standards the problems under the existing executive order that prompted were unduly prescriptive, unbalanced (in favor of industry), and these amendments, or whether the amendments would have a introduced a new layer of OMB review of scientific or technical salutary effect on whatever problems existed, or whether the studies used in developing regulations. The reaction was so amendments would have unintended consequences that should strong and so adverse that OMB substantially revised its draft be considered. Press statements issued after the fact do not Bulletin to make it appreciably less prescriptive and restric- make for good government. tive, and in fact OMB resubmitted it in draft form for further Second, the new executive order comes in the course of comments before finalizing the revised Bulletin. a steady and unwavering effort to consolidate authority in On March 2, 2004, OMB replaced a 1996 “best practices” OMB and further restrict agency autonomy and discretion. On memorandum with Circular A-4, setting forth instructions for the federal agencies to follow in developing the regulatory . . . there was no consultation and no explanation analyses that accompany significant draft notices of proposed of the problems under the existing executive order rulemaking and draft final rules. The Circular, almost 50-pages that prompted these amendments . . . single spaced, includes a detailed discussion of the dos and don’ts of virtually every aspect of the documentation that is needed to justify a regulatory proposal. While the term February 22, 2002, OMB issued its Information Quality Act “guidance” is used, agencies that depart from the terms of the (IQA) Guidelines (67 Federal Register 8452). The IQA itself was Circular do so at their peril (or more precisely, at the peril of three paragraphs attached to a more than 700-page Treasury and their regulatory proposal). General Government Appropriations Act for Fiscal Year 2001, Then came the OMB Proposed Risk Assessment Bulletin with no hearings, no floor debate, and no committee reports. (January 9, 2006), providing technical guidance for risk Its objective was “to ensure the quality, objectivity, utility, and assessments produced by the federal government. There were integrity of information disseminated to the public.” OMB took six standards specified for all risk assessments and a seventh up the assignment with a vigor and determination that was standard, consisting of five parts, for risk assessments related to remarkable. OMB’s government-wide guidelines created a new regulatory analysis. In addition, using the terminology from the construct: Now, there would be “information” and “influential IQA Guidance, OMB laid out special standards for “Influential information” and different (more stringent standards) would Risk Assessments” relating to reproducibility, comparisons with apply to the higher tiers. OMB also required the agencies to other results, presentation of numerical estimates, character- issue their own guidelines (subject to OMB approval); establish izing uncertainty, characterizing results, characterizing vari- administrative mechanisms allowing people or entities to seek ability, characterizing human health effects, discussing scientific the correction of information they believe does not comply

LQN SPRING 2007 93 literature, and addressing significant comments. Agency piled on requirements that the agencies must satisfy before they comments raised a number of very specific problems and such can issue regulations (and now, significant guidance documents) general concerns as that OMB was inappropriately intervening that Congress authorized (indeed, often instructed) them to into the scientific underpinnings of regulatory proposals. OMB issue. And OMB has not requested, nor has the Congress in asked the National Academies of Scientists (NAS) to comment recent years appropriated, additional resources for the agencies on the draft Bulletin. The NAS panel (on which I served) found to carry out OMB’s ever increasing demands. As agencies must the Bulletin “fundamentally flawed” and recommended that it be do more with less, the result is that fewer regulations can be withdrawn. issued—which is exactly what the business community has been Then, on January 18, 2007, OMB issued its final bulletin calling on this administration to do. on “Agency Good Guidance Practices.” Agencies are increas- It is in this context that Executive Order 13422, further ingly using guidance documents to inform the public and to amending Executive Order 12866, is released. Until the provide direction to their staff regarding agency policy on bulletin on guidance documents, OIRA extended its influence the interpretation or enforcement of their regulations. While guidance documents—by definition—do not have the force and . . . may well have unintended unfortunate conse- effect of law, this trend has sparked concern by commentators, quences, because regulated entities often ask including scholars and the courts. In response, the bulletin for, and appreciate receiving, clarification of their sets forth the policies and procedures agencies must follow responsibilities under the law, as well as protection for the “development, issuance, and use” of such documents. It calls for internal agency review and increased public participa- from haphazard enforcement of the law, . . . tion—all to the good. In addition, however, the bulletin also imposes specified “standard elements” for significant guidance throughout the Executive Branch without any amendments documents; provides instructions as to the organization of to Executive Order 12866. As detailed above, OMB issued agency websites containing significant guidance documents; circulars and bulletins covering a wide variety of subjects, requires agencies to develop procedures (and designate an virtually all of which were quite prescriptive (and often quite agency official/office) so that the public can complain about burdensome) in nature. OMB circulars and bulletins do not significant guidance documents and seek their modification have the same status as an executive order, but they are treated or rescission; and extends OIRA review to include significant as if they did by the federal agencies. Why then did OMB draft guidance documents. I do not believe it is an overstatement and the President sign Executive Order 13422? to say that the effect of the bulletin is to convert significant One indication of a possible answer is that while Executive guidance documents into legislative rules, subject to all the Order 13422 in effect codifies the bulletin on guidance requirements of Section 553 of the Administrative Procedure documents, it does not pick up and codify the earlier Act, even though the terms of that section explicitly exempt pronouncements on data quality, peer review, regulatory impact guidance documents from its scope. To the extent that the analyses, or even risk assessment principles. It may be that it bulletin makes the issuance of guidance documents much was thought necessary to amend Executive Order 12866 for more burdensome and time consuming for the agencies, it will guidance documents because Executive Order 12866 was undoubtedly result in a decrease of their use. That may well written to apply only where the agencies undertook regulatory have unintended unfortunate consequences, because regulated actions that had the force and effect of law. But it is unlikely entities often ask for, and appreciate receiving, clarification of that the agencies would balk at submitting significant guidance their responsibilities under the law, as well as protection from documents to OIRA if there were an OMB bulletin instructing haphazard enforcement of the law, by agency staff. This is quite them to do so, and since neither executive orders nor circulars a record. While each step can be justified as helping to produce or bulletins are judicially reviewable, it is also unlikely that better regulatory decisions, the cumulative effect is over- anyone could successfully challenge in court an agency’s whelming. Requirements are piled on requirements, which are decision to submit a significant guidance document to OIRA.

94 LQN SPRING 2007 Perhaps more revealing of the reason(s) for Executive order, applies not only to executive branch agencies, but also Order 13422 is that the changes are not limited to guidance to independent regulatory commissions, such as the Securities documents but go beyond what has been done in the past. First, and Exchange Commission, the Federal Communications Executive Order 12866 had established as the first principle of Commission, the Federal Trade Commission, and the Federal regulation that: Reserve Board. It is not without significance that the new “Each agency shall identify the problem that it executive order uses Section 4 to impose an additional restraint intends to address (including, where applicable, the on the agencies: failure of private markets or public institutions that “Unless specifically authorized by the head of warrant new agency action) as well as assess the the agency, no rulemaking shall commence nor significance of that problem.” be included on the plan without the approval of Executive Order 13422 amends Executive Order 12866 to the agency’s regulatory policy office . . .” state instead: This language should be read in conjunction with an “Each agency shall identify in writing the specific amendment to Section 6(a)(2) that specifies that the agency’s market failure (such as externalities, market power, regulatory policy officer must be “one of the agency’s presi- lack of information) or other specific problem that dential appointees.” Executive Order 12866 had provided it intends to address (including, where applicable, the failures of public institutions) that warrant new that the agency head was to designate the agency’s regulatory agency action, as well as assess the significance of policy officer, with the only condition that the designee was to that problem, to enable assessment of whether any new report to the agency head. The original executive order further regulation is warranted.” provided that the regulatory policy officer was to “be involved By giving special emphasis to market failures as the source at every stage of the regulatory process . . .”—in other words, of a problem warranting a new regulation, the administra- a hands-on job. Now, there is an explicit politicalization of the tion is saying that not all problems are equally deserving of process; a “sign-off,” not a hands-on, assignment; and, most attention; those caused by market failures are in a favored class significantly, no accountability. The newly appointed officer is and possibly the only class warranting new regulations. This not required to be subject to Senate confirmation, nor is the could be read as a throwback to the “market-can-cure-almost- person required to report to a Senate-confirmed appointee. anything” approach, which is the litany of opponents of regula- The other changes to Section 4 are also troubling. As tion; in fact, history has proven them wrong—there are many amended, the agencies must now include with the regulatory plan the: Now, there is an explicit politicalization “agency’s best estimate of the combined of the process . . . and most significantly, aggregate costs and benefits of all its regulations no accountability. planned for that calendar year . . .” Very few would dispute that the regulatory plan has been notoriously unreliable as an indicator of what an agency is areas of our society where there are serious social or economic likely to accomplish in any given time frame; it is not unusual problems—e.g., civil rights—that are not caused by market for regulations that are not included in the plan to be issued failures and that can be ameliorated by regulation. Second, the should circumstances warrant, nor is it unusual for regulations new executive order amends Section 4 of Executive Order included in the plan with specific dates for various milestones 12866, which relates to the regulatory planning process and to languish year after year without getting any closer to final specifically references the Unified Regulatory Agenda prepared form. In any event, the requirement to aggregate the costs and annually to inform the public about the various proposals benefits of all the regulations included in the plan for that year is under consideration at the agencies. The original executive very curious. We know that costs and benefits can be estimated order instructed each agency to also prepare a regulatory plan (at least within a range) at the notice stage because the agency that identifies the most important regulatory actions that the will have settled on one or more options for its proposal. agency reasonably expects to issue in proposed or final form But to try to estimate either costs or benefits before there is in that fiscal year. Section 4, unlike the rest of the executive any notice, that is, before the agency has made even tentative

LQN SPRING 2007 95 decisions, is like trying to price a new house before there is If not, then there is little, if any, need for these amendments, even an option on the land and before there are any architect’s other than to send a signal that the bar is being raised; that plans. The numbers may be interesting, but hardly realistic, and OMB is deciding the rules of the road; and that those rules are to aggregate such numbers would likely do little to inform the cast so as to increase the I’s that must be dotted and the T’s that public but could do much to inflame the opponents of regula- must be crossed. In other words, the message is that agencies tion. This would not be the first time that large numbers that should not be doing the job that Congress has delegated to have virtually no relation to reality have driven the debate on them. This is not a neutral process. If the Bush Administration regulation—e.g., the $1.1 trillion estimate of the annual costs does not like some or all agency proposed regulations, they can of regulations that is frequently cited by opponents of regula- debate them on the merits. But the executive order should not tion, even though every objective critique of the study that become a codification of an anti-regulatory manifesto. This is produced that number concludes that it not only overstates, but not good government. in fact grossly distorts, the truth about the costs of regulation. The only other plausible explanation for this amendment to the executive order it that it is the first step toward implementing a regulatory budget. In my view, the concept of a regulatory budget is deeply flawed, but it should be debated on the merits and not come in through the back door of an executive order justified on other grounds. There is also a gratuitous poke at the agencies in the amendment to Section 4(C). The original executive order instructed the agencies to provide a “summary of the legal basis” for each action in the regulatory plan, “including whether any aspect of the action is required by statute or court order.” The new amendment adds to the previous language the clause, “and specific citation to such statute, order, or other legal authority.” It may appear to be trivial to add this requirement, but by the same token, why is it necessary to impose such a requirement? As noted above, I am not aware of any consultation about either the merits of any of the amendments or the perception that may attach to the cumulative effect of those amendments. Therefore, I do not know whether the agencies have, for example, been proposing regulations based on problems caused by something other than market failure which OMB does not consider an appropriate basis for a regulation; whether senior civil servants at the agencies have been sending proposed regulations to OMB that run contrary to the wishes of the political appointees at those agencies; or whether agencies have been misrepresenting what applicable statutes or court orders require.

96 LQN SPRING 2007 EVENTS CALENDAR

May 24 - 26 ...... Bergstrom Fellowship Training September 7 - 9 ...... Reunion of the classes of 1952, ‘57, ‘62, ‘67, ‘72, and ‘77 September 14 - 16 .....Michigan Seminars September 30 ...... Michigan State Bar annual meeting reception October 13 - 14 ...... Reunions of the classes of 1982, ‘87, ‘92, ‘97, and ‘02

This schedule is correct at press time, but is subject to change. For most recent listings, see the Michigan Law Web site, www.law.umich.edu. L THE UNIVERSITY OF MICHIGAN NON-PROFIT LAW SCHOOL Q ORGANIZATION B38 HUTCHINS HALL U.S. POSTAGE PAID N ANN ARBOR, MICHIGAN ANN ARBOR, MI PERMIT #144 48109-1215 4

9 LAWQUADRANGLENOTES . 3