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1991 The Amicus: Vol.4, No.3 Valparaiso University School of Law

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CONTENTS

FEATURES

Letter from the Dean 1 Amicus Briefs 2 Career Services Annual Report 6 The Earth: Something to Lose? 9 "The Environmental Challenge -- Where Do We Go From Here?" by Gaylord Nelson Law Review Celebrates 25 Years 14 Faculty Focus: 16 "The History of the Second Amendment to the United States Constitution" by Professor David E. Vandercoy Class Actions 23 A Farewell to the Class of 1991 26

OF NOTE

1991 Luther M. Swygert Moot Court 4 CLS Hosts Midwest Regional Conference 4 Students of Note 5 BLSA Open House 5 Court of Appeals Visit 5 Fall Golf Outing 5

EDITORIAL BOARD

Curtis W. Cichowski, '81, Assistant Dean, Editor-in-Chief Mary G. Persyn, Law Librarian and Associate Professor Katharine E. Wehling, '83, Assistant Dean Joanne Albers, Registrar Gail Peshel, Director of Career Services Diana Wyman, Administrative Secretary

Cover photo: At the celebration of the 25th anniversary of the Valparaiso University Law Review, special honors were bestowed upon the members of the founding Board. The cover photo, from the law school "archives," is of the Law Review Board for Volume 1. The photo was taken in 1967. Pictured are: (clockwise, beginning in the lower left-hand comer) VUSL Professor and Associate Dean Bruce Berner, '67; George Valsa, '67, now with the Ford Motor Company; John Yakimow, '67, now with the Eaton Corporation of Marshall, MI; Judge Peter Wilson, '67, of Kane County in Geneva, IL; Allen Landmeier, '67, of the firm Smith, Landmeier & Skaar in Geneva, IL; Professor Michael Swygert, '67, of the Stetson College of Law; and Michael Virgil, '67, now with the Chicago, IL law firm of Lewis, Overbeck & Furman. This issue of The AMICUS is dedicated to everyone who ever played a role in the life of the Review, with special thanks to those members of the founding Board. As their mentor, Professor AI Meyer is known to say, "They were giants in those days!" Additional coverage of the anniversary celebration appears on pages 14 and 15.

Volume 4 No.3, May, 1991. The Amicus is published by the Valparaiso University School of Law and its Alumni Association three times per year for Alumni and friends. Office of Publication: The Amicus, Wesemann Hall, Valparaiso University, Valparaiso, Indiana 46383-6493, (219) 465-7849, FAX. (219) 465-7872. © 1991 Valparaiso University School of Law. All rights reserved. LETTER FROM THE DEAN

Dear Alumni and Friends: more vital role in protecting the rights expressly secured in the Bill of Rights and in retaining rights not enumerated in On December 15, 1791, the first ten amendments to the the Constitution. United States Constitution were ratified. In the two hundred years since then, the Bill of Rights has come to be The events will culminate in a magnificent ceremony on one of the most important documents in history. As the December 15, 1991, the 200th anniversary of the ratification Williamsburg Charter noted, "Our Constitution has been of the Bill of Rights. During this civic event officials from hailed as America's 'chief export' and 'the most wonderful the national, state, and local level will reaffirm their sworn work ever struck off at a given time by the brain and duty to support and defend the Bill of Rights. purpose of man.' Today, two hundred years after its signing, the Constitution is not only the world's oldest, I hope that many of our alumni and alumnae will be able still-effective written constitution, but the admired pattern to return to campus for some of these events. Later this of ordered liberty for countless people summer we will send you full details in many lands.'' about this important bicentennial program. Mark your calendars when We have much to celebrate this year, you get this information, and plan to and it is vital that we do so not merely take part in our efforts to revitalize our with fanfare and hoopla, but with an nation's commitment to limited eye to ensuring the ongoing vitality of government as the means of ensuring a the Bill of Rights in our own society. free society. To quote the Williamsburg The bicentennial celebration has Charter again, "Our commemoration of already begun here at Valpo. In his the Constitution's bicentennial must go Inaugural Lecture as a Professor of beyond celebration to rededication. Law last month, Dave Vandercoy gave Unless this is done, an irreplaceable historical depth to the contemporary part of national life will be endangered, debate over gun control by illustrating and a remarkable opportunity for the the meaning of the Second Amendment expansion of liberty will be lost.'' in 17th and 18th century England. It was a brilliant performance. An I would like to thank all of you who abridged version of his lecture appears wrote to us about the Gulf War. as the Faculty Focus piece of this issue. Hundreds of thousands of lives and billions of dollars later, that war calls At another level, AI Meyer had occasion to comment for the kind of careful scrutiny of means to achieve ends recently in the local press on letters attacking a member of that many of you reflected in your letters. (If economic the bar who had been appointed to defend a man accused sanctions cannot be relied upon to achieve the justice of a of rape and murder. He wrote: "The criminal justice system new world order, why have we relied on them to eliminate is an important criterion in measuring the progress of a apartheid in South Africa?) I join all of you in welcoming civilization. Attorneys who accept appointments to defend our troops home and in the gladness that the war is over clients charged with heinous offenses do so in response to a for us, if not for the people of Iraq. And I hope that we high calling. They are duty bound to conduct a zealous will be as generous in attending to the needs of the Kurds defense. They experience great tension, professional and as we were to those of the Kuwaitis. personal isolation, and humiliation. They deserve our commendation -- not our condemnation.'' Finally, I would like to celebrate the achievement of the graduates of 1991. They will always be special to me Valparaiso University is taking a leading role in planning because they are the first group to graduate under my a series of bicentennial events exploring the entire text of tenure as dean. I wish all of them success in their the Bill of Rights in a series of colloquia this fall. professional service of others' needs. The next issue of The Distinguished judges and eminent constitutional scholars AMICUS will include the commencement address, which will explore questions like the following: (1) whether the was delivered by Justice Sandra Gardebring of the limits currently imposed on the federal government and the Minnesota Supreme Court, the woman whose appointment States by the Bill of Rights are what the Framers had in made her court the first in American history to be mind when they wrote these provisions; (2) whether the composed of a majority of female judges. intentions of the Framers of the Bill of Rights can be ascertained with clarity; (3) whether the intentions of the Framers bind the process of determining the contemporary meaning of the Bill of Rights; ( 4) whether the political branches of government (the Legislature and the Executive) should act to extend greater protection through legislation grounded in the values secured by the Bill of Rights when Dean Edward McGlynn Gaffney, r. the Judiciary gives a minimalist interpretation of these Valparaiso University School of Law provisions; and (5) whether we, the People, should play a

1 AMICUS BRIEFS

Dean Edward M. Gaffney Dan Coates' Conference on Out-of­ and the Section of Natural published an article entitled "On Not State Waste held at LaPorte City Resources, Energy, and Rendering to Caesar: The Hall in LaPorte, Indiana. On May 1, Environmental Law of the American Unconstitutionality of Tax he addressed the Indiana Hazardous Bar Association. In addition to Regulation of Activities of Religious Materials Conference at their annual going on a field trip to the Eagle Organizations Relating to Politics," convention at the Hoosier Dome in Mine Superfund site at Vale, in 40 DePaul L.Rev. 1 (1990). Along Indianapolis in an address entitled Colorado, Professor Blomquist with several colleagues on the faculty "Evolving Responsibilities of Local heard speakers on such diverse and staff, he addressed alumni Emergency Response Commission subjects as hazardous substances, gatherings in St. Louis, Indianapolis, Under Federal and State Laws." On environmental liability for natural and South Bend. He delivered a May 2, he spoke to the United resource extraction and waste lecture on clergy liability to a Methodist Church women's general disposal, and international and trans­ district meeting of the Lutheran meeting in Valparaiso regarding boundary pollution issues. Church-Missouri Synod, and a environmental and creation issues. Professor Blomquist is looking lecture on the Abortion Rights During March, Professor forward to the Valparaiso University Mobilization case at a conference on Blomquist was consulted by the Summer in China Program beginning "The Role of Religion in the Making State of Wisconsin, Department of June 13. He will teach a course in of Public Policy" at Baylor Justice, regarding the legal strategy International Environmental Law at University, where he serves on the for appealing the intermediate Ningbo University in conjunction National Advisory Council of the J. appellate court decision in State of with courses taught by Professors M. Dawson Institute for Church­ Wisconsin v. Better Brite Plating Inc. Jack Hiller and Richard Stith. State Studies. (a case reported in the Wall Street Journal and involving novel issues of Professor Ivan Bodensteiner will Joanne Albers, Law Registrar, has bankruptcy, environmental and tort teach a three-day continuing legal been elected Vice President of the law). In April, along with Professors education program on Federal Court National Network of Law School Laura Dooley and Ruth Vance, he Litigation in Honolulu, HI, in June. Officers for 1991-92. NNLSO is an helped found the Valparaiso Professor Bodensteiner has recently organization of registrars and University School of Law Moot published an article on "Survey of admissions officers from 127 ADA­ Court Board. On April 12, at the Recent Developments in Indiana accredited law schools. Law School's Third Annual Law-- Civil Rights" which appeared Musicale, he played folk, blues, rock, in volume 24 of the Indiana Law Associate Dean Bruce Berner is and Reggae songs on his new Martin Review (1991). Together with directing the VU summer program guitar, Roxanne (accompanied on Professor Rosalie Levinson, he in Cambridge, England, this summer. percussion by Pat McRae and Terri published the 1991 Supplement for Graham). their two-volume treatise Civil Rights Professor Robert F. Blomquist will Liability. They will have a new publish an article entitled "The chapter for their treatise on §1983 Conservation Foundation's Proposed published late this summer. 'Environmental Protection Act': Prospects and Problems for a Professors Paul Brietzke, Jack Comprehensive Pollution Control Hiller, and Mary Persyn have been Code for the United States" in involved in the recent publication of Volume 40 of DePaul University Law the 1989 issue of Third World Legal Review. Studies which is published by the On January 24, Professor School of Law in conjunction with Blomquist spoke to the American the International Third World Legal Society of Civil Engineers student Studies Association. The 1989 issue chapter at Valparaiso University on is entitled "Pluralism, Participation "The Clean Air Act of 1990: and Decentralization in Sub-Saharan Problems and Prospects." On April Africa." Forthcoming issues of Third 20, he spoke on "Children's World Legal Studies will cover the Professor Robert Blomquist Exposure to Environmental Toxins" topics of Police and State Security at a Social Responsibility Conference Forces, Constitutionalism and held at Trinity Lutheran Church in From May 16 through May 18, Human Rights in the Third World, Valparaiso. On April 22, he gave a Professor Blomquist participated in and Realizing the Rights of Women lecture on key arguments in an Institute for Natural Resources in Development Processes. environmental cases to Professor Law Teachers at the University of Dan Arkkelin's Environmental Denver College of Law in Denver, Professor Hiller is directing and Psychology class at Valparaiso Colorado. The Institute was teaching in the Law School's summer University. On April 29, he was an sponsored by the Eastern Mineral program in Ningbo, China. invited participant in U.S. Senator Law Foundation, the Rocky Mountain Mineral Law Foundation,

2 AMICUS BRIEFS

Professor Rosalie Levinson Valparaiso "Committee on Values." and German law that will be lectured on the Civil Rights Act of The purpose of the Committee is to reprinted in an anthology entitled 1991 in April at a program together help raise to conciousness and Abortion, Law, and Medicine (Ed. with Congressman Jim Jontz and promote common values. The group Butler). Professor Stith will have Professor Bodensteiner. Professor will focus on one value each month. articles published also in The Levinson will lecture on the For example, the value for April was Responsive Community (Ed. Etzioni), independence of the judiciary at an the environment. and in the Revue Generale de Droit international conference on "The (Canada). He had a letter criticizing United States Legal System and its During 1990-91, Professor Ronald Dworkin published in The Influence on Malaysia/Asia" to be Seymour Moskowitz has served as New York Review of Books (together held July 8-11 in Malaysia. volunteer Executive Director of with Professor Dworkin's response). Project Justice & Equality, a Gary­ Professor Stith will teach at the VU based legal services organization. summer program in Ningbo, China, P.J.&E. litigates class action suits and then will spend fall semester on and advocates for the poor in sabbatical in India doing research on Indiana. Professor Moskowitz will constitutional theory. be on sabbatical leave in England and Israel during fall semester 1991. Professor Ruth C. Vance's article, "Recent Developments in Indiana's In May, West Publishing Co. will Workers' Compensation law," will be publish Nimmer, Marcus, Myers and published in volume 24 of the Nimmer's Cases and Materials on Indiana Law Review. Copyright and OtherAspec~ of Professor Vance is also planning Entertainment Litigation Illustrated - the Midwest Legal Writing Including Unfair Competition, Conference, which Valparaiso Defamation and Privacy (4th ed. University School of Law will host 1991). "Myers" is Professor David on July 16th and 17th. The Professor Rosalie Levinson Myers of the School of Law faculty. conference is designed for law professors who teach legal writing. Professor Alfred Meyer and his Director of Career Services Gail Anyone interested in receiving a wife, Professor Nancy Meyer, '77, Peshel will serve as a law school at­ registration form should contact V.U. Dept. of Communications, large member of the Research Policy Professor Vance. spoke at the Law Day luncheon in Committee of the National Quincy, Illinois, on May 1. Association of Law Placement for Professor David Vandercoy 1991-92. Mrs. Peshel is on the presented his inaugural lecture, "The Assistant to the Dean Mary Moore Publications Committee of the History of the Second Amendment," attended the National School Boards Student Services Section of the on April 25, 1991. An abridged Association's 51st Annual Association of American Law version of his presentation is Convention in San Francisco in Schools for 1991-92. reprinted as the Faculty Focus April. Mrs. Moore is a member of feature of this issue of The AMICUS. the Board of the Valparaiso As President of the Ohio Regional Community Schools. Association of Law Libraries, Assistant Dean Katharine Wehling Professor Mary Persyn, Law gave a presentation to the Society Librarian, was in charge of the for Human Resource Management spring meeting of the Association at the VU College of Business held in Cincinnati in May. Administration. The topic of the presentation was affirmative action On April 20, Adjunct Professor and equal employment issues. On Barbara Schmidt led a workshop at May 2, Dean Wehling attended a Trinity Lutheran Church on children conference on Racial Harrassment and the law. The workshop was part Policies and Issues, held at Chicago of their annual mission festival. State University and presented by Professor Schmidt was appointed to the Department of Education's the Board of Directors of The Office of Civil Rights. Caring Place, Inc., which runs a shelter for victims of domestic In April, Professor Geri Yonover violence that serves Lake, Porter and delivered a Shoah Address at the Starke counties in Indiana. Assistant to the Dean Mary Moore University Chapel Service in Remembrance of the Holocaust. Mary is also involved in the Professor Richard Stith has creation of a VU caucus of the written a revised article on Spanish

3 AMICUS BRIEFS

Assistant Dean Curtis Cichowski Terri Meade, Mike Moellering, John Making A Difference attended a planned giving seminar Papageorge and J. Michael Swart. presented by the Associated Colleges The Valparaiso University School of Indiana in February. He also Chief Judge for the final round of Law chapter of the Christian attended VUSL Alumni events in St. was Judge William J. Bauer of the Legal Society (C.L.S.) hosted the Louis, Indianapolis, and South Bend. United States Court of Appeals for first C.L.S. Midwest Regional Also representing the law school at the Seventh Circuit. The associate Conference, focusing on the theme the St. Louis event were Dean judges were Judge Robert L. Miller, "Making a Difference." The Edward Gaffney, Assistant Dean Jr. of the United States District conference was patterned after the Katharine Wehling, Professor Alfred Court for the Northern District of National Student Leadership Meyer, and Director of Career Indiana and Judge Robert D. Conference, which is held yearly by Services Gail Peshel. At the South Rucker, Jr. of the Indiana Court of C.L.S. for law school students and Bend event, also attending were Appeals. attorneys. Law students from seven Dean GaiTney, Associate Dean Bruce states and twenty-three schools were Berner, Assistant Dean Wehling, The 1991 competition involved invited to the conference with Professor Charles Gromley, and issues of corporate law. Specifically, representatives from Illinois, Career Services Director Peshel. the issues were whether the target of Indiana, Michigan, Minnesota, Ohio a tender offer has standing to allege and Wisconsin attending. an antitrust violation under the The conference began with an Clayton Antitrust Act, and whether a address by Bradley P. Jacobs, the 1991 Luther M Swygert corporation engaged in a self-tender C.L.S. National Membership Moot Court Competttion offer must disclose to shareholders Coordinator. Other speakers projections supporting its public included Professor Thomas Shaffer The team of second-year students prediction of "substantial growth" in of Notre Dame who spoke on the Bill Beggs and Ted Johnson won the future revenues. relationship between the A.B.A. Second Annual Luther M. Swygert Code of Professionalism and Moot Court Competition on The competition, created in 1989, is Christianity, and Brent Ametto, a Monday, April 1, 1991. The team held annually in memory of the past C.L.S. National Officer. In competed against second-year Honorable Luther M. Swygert, addition, Dean Gaffney spoke on student Theo Jamison and third-year former Senior Judge of the United "The Spirituality and student Phred Mackraz. Phred was States Court of Appeals for the Constitutionality of the Lord's a winner in the 1990 competition. Seventh Circuit. Judge Swygert was Prayer." The preliminary rounds of the extensively involved with Valparaiso The conference also included competition, which were held on and had a special interest in moot seminars dealing with particular March 26, were judged by professors court programs. issues confronting Christians in the of the School of Law. Participants practice of law. Attorneys "Pepper" in the preliminary rounds included Goad, Dave Kolbe, and Jay Lavender, spoke about how their faith affected their practice in their respective fields of family, criminal, and civil law. They presented a realistic view of their practices as well as practical ways they have found to integrate their faith. Other seminars included a presentation by Bethany Christian Services which offers an abortion alternatives program, a law spouses seminar, and Bible studies led by Bruce Carr, '91 (an ordained minister in the Evangelical Covenant Church and former missionary to South America). The conference offered an opportunity to interact with students from other schools and a chance to form new friendships, as well as serving as a forum to address practical concerns of how faith in Christ can be integrated into a legal practice. 1991 Swygert Moot Court; L-R: Judge Robert D. Rucker, William Beg&S, Judge Robert L. Miller, Jr., Phred Mackraz, Judge William J. Bauer, Theo Jamison, Ted Johnson. 4 AMICUS BRIEFS

BLSA Open House

The Black Law Students Association (BLSA) hosted an Alumni Open House to honor the contributions to BLSA, the School of Law, and to the legal profession of three distinguished alumni - Judge Rucker, '77, Judge Bernard A Carter, '84, and former Mayor of Gary and Adjunct Professor of Law, Richard G. Hatcher, '59.

To benefit the students, each year the Indiana Court ofAppeals hears oral arguments at VUSL. This year, it was an "all Valpo" bench: (L-R) Judges William Conover, Wesley Ratliff, Jr., George Hoffman, Robert Rucker, Jr.

Students of Note law schools. Other finalists were Each year, law students from Loyola-Chicago, Northern Judge Bernard Carter, '84, and throughout the world compete in the Illinois, University of Illinois, Cynthia Taylor, '92. Philip C. Jessup International Moot DePaul, and Southern Illinois Court Competition. In the United University. The award is given BLSA president Cynthia Taylor, States, there are eight regional annually to a law student who '92, presented each of the three competitions, and Phred Mackraz, participates in activities that enhance alumni with a special plaque and '91, received the honor of "Best professional responsibility and also acknowledged the guidance and Oralist" in our region -- the provide service to the public. support that BLSA received this year Northern Midwest Region. from Professor Cheryl Stultz. Regrettably, Professor Stultz will be The 1990-1991 Client Counseling leaving to return to her home in team, Kristi Brown, '91, Beth Levine, Washington, D.C., after the summer '91 and Koreen Payton, '93, took top 1991 session. honors in their regional competition Fall Golf Outing Planned and earned the right to compete at the national competition. The Hispanic Law Student Association (HLSA) and the This year's Negotiation Team, Allen Fore, '91, and Michael School of Law will be co­ Moellering, '92, won first place at sponsoring a golf outing for the regional rounds of the annual students, faculty, friends and ABA competition. They were one of alumni on September 27, sixteen teams from eight law schools 1991. competing in the regionals. The team advanced to the national The proceeds from the competition held in Seattle, W A outing will be used to support HLSA and to establish a As reported in the Chicago Daily student scholarship fund. Law Bulletin, Allen Fore, '91, is the recipient of this year's Illinois State Judge Robert Rucker, Jr., '77, and WATCH FOR DETAILS!! Bar Association's Law Student Richard Hatcher, '59. Division Public Service Award. Alan was one of six ISBA student members to be nominated by their

5 CAREER SERVICES ANNUAL REPORT

by Gail Peshe~ 1990 Graduates' Salary Ranges rates which continue to be high; 95% Director of Career Services of 1990 graduates taking the Indiana Categoa Range bar succeeded on their first attempt. Valparaiso graduates continue to Law Firm Size The pass rate in six of the other experience a high placement rate. 2-10 attorneys 21,000-34,000 states was 100%. Responses received from a recent 11-25 34,000-35,000 survey of the Class of 1990 indicate 26-50 68,000-68,000 The Career Services office is busy that 90% had obtained employment 51-100 40,000-72,000 12 months out of the year, but the within 6 months of graduation. This 101-500+ 55,000-72,000 focus of the office has turned to year's 90% employment rate generating additional resources and compares favorably to the 92% to Business 27,000-52,000 employment opportunities. On­ 96% employment rates reported in campus interviews are being recent years, especially in view of the Judicial scheduled. lists of employers seeking reported decrease in hiring Clerkship 22,000-36,900 fall applications are being compiled. throughout the country. Valpo's and job fairs are being organized. consistently high placement rate Government The Office is presently taking should be attributed to the strength Prosecution 22,000-38,800 reservations for fall on campus of Valparaiso's academic program Administrative interviews to be held any time after and its excellent faculty. Agency 21,600-26,686 September 9, 1991. In July, two extensive resources will be sent to The 1990 data are based upon a Public Interest 20,000-25,600 returning students: a compiled listing questionnaire sent to all 1990 of employers interviewing on campus Valparaiso law graduates. and a listing of employers seeking Responses were received from 105 of The Class of 1990 located in 17 applications from students. the 112 class members. Private states, with 84% of the Class locating Information about the employer as practice continues to attract the in 7 midwestern states. Indiana well as employer-imposed hiring majority of graduates. Analysis of continues to be the state with the criteria will be included. Job notices the data shows that over half the greatest concentration of graduates. are also sent to alumni seeking a class members that responded had Illinois is second. and Michigan is new position. Each month a accepted positions in private third. compilation of nationwide job practice, 59%. The percentage of openings is sent to alumni who have graduates serving in judicial 1990 Graduates' Location contacted the office. clerkships dropped to a five-year low Midwest of 9% while acceptances of Illinois 19 18% Job fairs or off-site interview government positions climbed to a Indiana 53 50% programs are conducted in seven-year high of 18%. More 1990 Iowa 2 2% cooperation with a number of other graduates accepted government Michigan 9 8% law schools. Job fairs commence in administrative and prosecutorial Minnesota 3 3% August when three fairs will be held. positions than in recent years. Ohio 1 1% In October, six more job fairs will be Acceptances of public interest Wisconsin _1 2% conducted in Cleveland, Chicago, positions increased to 6%, a 3% 89 84% Minneapolis, and Washington, D.C. growth, and business and industry Additional job fairs will be held acceptances declined to 6%, a 3% Northeast second semester. drop. Connecticut 1 Wash. D.C. 1 The advent of the computer and 1990 Graduates by Type of Practice Maryland 1 appropriate software has helped New Jersey 1 streamline the job search process for Practice # % of Class New York 3 students. A compact disc version of Law Firm 55 59% Rhode Island 2 Martindale Hubbell, the traditional Business & 6 6% 10 9% job search tool, has been purchased Industry by the law school. Using school Judicial 8 9% Southeast computers, students can access Clerkships Florida 1 employers listed in Martindale Government 17 18% Georgia 2 Hubbell as well as NALPLINE, a Public Interest 6 6% Kentucky ..1 National Association for Law Pursuing 2 2% 4 4% Placement employer database another degree West available through Westlaw. California 3 3% Employer searches can also be run Salaries for the class of '90 ranged on the LEXIS system. Additionally, from a $72,000 in private practice to Other indicators of a strong Career Services has compiled a $20,000 in public interest. academic program are bar passage database of over 15,000 employers

6 CAREER SERVICES ANNUAL REPORT

which can be accessed by area of practice, firm size, or geographic location. Many of the employers on the school's database are not represented in marketed software packages.

Alumni are an integral part of providing career assistance to students. For example, alumni conduct mock interviews which help prepare students for actual interviews. By assisting with the mock interview program, the following alumni have been instrumental in providing students with additional insights into the interview process.

Beth Brown, '80 Gale Carmona, '89 L-R: Mary Squyres, '82; Don Seberger, '80; Cornell Boggs, '85; and Anne Gavagan, '82 Chris Fitzpatrick, '85 -- who presented a Career Services seminar on Gary Germann, '73 International and Environmental Practice at the School of Law. Patrick Hansen, '84 Brian Hurley, '84 Mark Lienhoop, '81 Beth Brown, '80 Countless other alumni have Richard Rupcich, '86 Bernard Carter, '84 assisted students by providing job Mark Scbxnidtke, '81 Jeff Cefali, '76 leads and information about an Eugene Schoon, '80 Leane Cerven, '83 employer or particular location. Bob Truitt, '73 Robert Cole, '81 Nancy Vaidik, '80 Cathy Cupp, '82 Alumni also conducted interviews Bob Vegter, '70 Nadine Dahxn, '89 on campus. The School wishes to Barbara Young, '76 Todd Dawson, '87 express sincere appreciation to the Roy Dominguez, '82 following alumni who, on behalf of Alumni also made possible most Chris Fitzpatrick, '85 their finn/organization, conducted of the twenty-one career seminars Anne Gavagan, '82 interviews on campus: presented this year. Ranging from Rick Gikas, '82 job search strategies to a discussion Fred Grady, '73 Jon Abernathy, '83, on the diversity of the legal Patrick Hansen, '84 Goodin & Kraege, profession, seminars included Ron Hayden, '88 Indianapolis, Indiana. "Opportunities in Environmental and Richard Hatcher, '59 Gary Boyn, '72, International Law," "Understanding Beth Henning Guria, '89 Warrick, Weaver & Boyn, Fringe Benefits," "Diapers and Brian Hurley, '84 Elkhart, Indiana. Depositions (Almost Having It All: Carol Kaesebier, '83 Robert Breshock, '82, Lawyers Balancing Careers and Cynthia Kambesis, '84 Arthur Anderson & Co., Family)," "Dealing with the Public Susan Kellock, '79 Chicago, Illinois. Interest Crisis," and "A Tale of Five Ron Kuker, '76 Craig Buche, '85, Cities" -- a discussion by Paul Leonard, '82 Yoder, Ainlay, Ulmer & practitioners who live and work Linda Long, '77 Buckingham, outside the Indiana/Illinois area. Fred Schellgell, '85 Goshen, Indiana. Special thanks to the following Don Seberger, '80 Dennis Burgy, '73, alumni who shared insights and Mary Squyres, '82 Drager, O'Brien, Anderson, Burgy strategies with students by Nancy Vaidik, '80 and Garbowicz, participating in career seminars. Marilyn Vasquez, '88 Eagle River, Wisconsin. John Voor, '87 Samuel Cappas, '86, Sue Adams, '90 Warren Wenzloff, '88 Lake County Prosecutor's Office, Julie Blackburn, '80 Roger Weitgenant, '90 Crown Point, Indiana. Cornell Boggs, '85 John Whitfield, '88 Bonnie Coleman, '84, Barbara Bolling, '89 Linda Whitton, '86 Hodges, Davis, Gruenberg, Jeff Boulden, '89 Compton & Sayers, Bob Breshock, '82 Merrillville, Indiana.

7 / CAREER SERVICES ANNUAL REPORT

Cathy Cupp, '82, Linda Kibler, '87, Jim Shea, '84, Chapman & Cutler, Eichhorn, Eichhorn & Link, Hunt, Sudoff, Borror & Eilbacher, Chicago, Illinois. Hammond, Indiana. Fort Wayne, Indiana. Randy Dessau, '85, Ronald Kuker, '76, Stephen Snyder, '71, Peper, Martin, Jensen, Hoeppner, Wagner & Evans, Beckman, Lawson, Sandler, Maichel and Hetlage, Valparaiso, Indiana. Snyder & Federoff, St. Louis, Missouri. Ron Kurpiers, '87, Fort Wayne, Indiana. Michael Drayton, '80, U.S. Attorney's Office, Jim Stankiewicz, '73, Sallwasser & McCain, Hammond, Indiana. J.J. Stankiewicz & Associates, LaPorte, Indiana. Ben Llaneta, '85, Merrillville, Indiana. Rick Gikas, '82, lntercargo Corporation, Mark VanSlooten, '87, Kopack & Gikas, Schaumburg, Illinois. Kramer, Butler, Simeri, Merrillville, Indiana. Brett Miller, '83, Konopa & Laderer, Frank Gray, '66, Lewis, Kappes, Fuller & Eads, South Bend, Indiana. Beckman, Lawson, Sandler, Indianapolis, Indiana. William Vogelzang, '78, Snyder & Federoff, Michael Philippi, '84, Kluczynski, Girtz & Vogelzang, Fort Wayne, Indiana. Coffield, Ungaretti, Harris Grand Rapids, Michigan. Ronald Hayden, '88, & Slavin, John Whitfield, '88, Mayer, Brown & Platt, Chicago, Illinois. Rushing & Guice, Chicago, Illinois. Peter Pogue, '89, Biloxi, Mississippi. Earle Hites, '72, Locke, Reynolds, Boyd & Weisell, Hodges, Davis, Gruenberg, Indianapolis, Indiana. We sincerely appreciate all the Compton & Sayers, Chief Judge Wesley Ratliff, Jr., '50 assistance alumni provide students. Merrillville, Indiana. Indiana Court of Appeals, Alumni cooperation and support in David Holub, '82, Indianapolis, Indiana. providing opportunities and Ruman, Clements & Tobin, Robert Scott, '87, preparing students for the job search Hammond, Indiana. McHale, Cook & Welch, are valued strengths of the law Phillip Houk, '86, Indianapolis, Indiana. school and valuable assets for Allen Superior Court, Mark Schmidtke, '81, students. Fort Wayne, Indiana. Hoeppner, Wagner & Evans, Valparaiso, Indiana.

8 THE EARTH: SOMETHING TO LOSE?

THE ENVIRONMENTAL That in many comers of the earth CHALLENGE -- population numbers already far WHERE DO WE GO FROM exceed the supply of resources HERE? necessary to sustain an acceptable quality of life; by Gaylord Nelson That, indeed. our physical well-being, The following is the text of the VUSL our standard of living, the quality of Law Day address delivered by former our lives is directly, specifically and Wisconsin State Senator and Governor tightly tied to our resource base. and U.S Senator Gaylord Nelson. The founder of the first Earth Day in If all of this is so, and clearly it is, 1970, Nelson now serves as Counselor then surely we must soon muster the to The Wilderness Society. political will to address this issue while there is still time. The President, Congress, the Gaylord Nelson media and opinion leaders around When I organized Earth Day in the nation devote (almost all of 1970, several thousand school My remarks will be confined their) time and energy discussing children wrote to me expressing their mainly to the political aspects of the events and issues of immediate concern about the environment. issue because it is in the arena of concern -- the economy, jobs, wars, Ballantine Books published a politics where we will succeed or fail budget deficits, drugs, crime on the selection of these letters in a book to meet the environmental challenge streets, the worldwide unravelling of entitled What Are Me And You so critical to our future. communist systems and many more. Gonna Do? The title came from a These are front page type issues that question posed to me in one of the The first and most important will always command our attention. most touching of these letters, which political and economic reality to But, strangely, an issue of came from a fourth grade student recognize is that all industrial immeasurably greater import than who expressed the urgency of the nations are degrading and dissipating any of these draws comparatively situation demanding that something their sustaining resource base. In scant attention. Right now, and in be done right now. Her expression short, we are all consuming our the long haul into the next century of urgency is even more timely today capital assets -- our wealth -- and and the centuries thereafter, no than it was 21 years ago. Here's counting it on the profit side of the other issue is more relevant to the what this little girl said in her letter: ledger. The basic wealth of a nation condition of human life than the is its air, water, soil, forests, status of our resources -- air -- water Dear Sir: minerals, rivers, lakes, oceans, scenic -- soil -- minerals -- scenic beauty -­ beauty and wildlife habitat. Take it wildlife habitat -- forests -- rivers -­ I'm ten years old and very worried away and all that's left is a desert. lakes --oceans. These resources about our growing environment. I Unless we change our ways, our define the habitat and the limitations wish I could feel free to breathe the legacy will be one of pollution, for survival of all species, plant and air I do breathe, swim in the water I poverty and ugliness for this and animal, including humankind. In do swim in, look at the ugly diseased future generations. comparison, all other issues are or burnt trees that were once relatively insignificant. beautiful. I sometimes wonder if Every business enterprise in you really do anything about it? history that consumed its capital and Certainly, as rational individuals Why, and you ask what do you mean called it profit went bankrupt. we now understand: why? Well, I mean, why just stand Sovereign nations are no different -­ (or sit) there reading my letter DO it will just take them longer to get That the viability of our economic SOMETIIING!!!! there. system depends upon our resource base; Call the President! Do anything, but, In the past century, the industrial STOP POLLUTION!!! world has destroyed or degraded a That issues of war, peace, hunger great portion of the capital and revolution are mightily A concerned 4th grader, accumulation on earth by air, river, influenced by the availability of Kristie Sue Houch lake and ocean pollution, soil resources; erosion, depletion of aquifers, P.S. The birds, giraffes, and other overdrafting ocean resources, That nuclear war is not inevitable high animals can't live with air deforestation and destruction of but environmental disaster is pollution. I am a very, very healthy wildlife habitats and scenic beauty. inevitable unless we act in a timely little girl. What am I to do? fashion; This is a profound moral and ethical issue. We are not borrowing

9 THE EARTH: SOMETHING TO LOSE?

from the future; we are simply stop fouling the nest that is our ranking at the top of the list the stealing from the heritage of future home - our habitat - our living calamitous consequences of generations - our children, quarters. Surely that is not an continued exponential population grandchildren, great grandchildren unreasonable goal. growth. Even by the most optimistic and generations yet unborn - and scenarios world population will converting their rightful heritage to Everything that needs to be done increase by 95 million every year our use and charging the cost to to create a sustainable economy is during this decade adding a net of them, all to be paid for with a lower well within our capacity. The only one billion to the current world standard of living and a lower quality question is whether we have the population of 5.3 billion for a total environment. vision to recognize the necessity of of 6.3 billion. Does anyone really acting soon and the national will and believe this will be a better world If we are going to stop dissipating political leadership to implement with a billion more people ten years this resource base, which certainly such a program. from now, that the United States will we must, then three important things be a better country with 100 million must happen during the next 30-40 The inevitable question is, will it more people, · as projected, 60 years years -- beginning soon. be expensive? The answer is, yes, it from now or that New York, Miami, will be expensive in the short run but Chicago and Los Angeles are better Those three things involve, first, very profitable in the long run. Can cities than when they were half the bringing together a unified political we afford it? The answer is, yes, we size and will be better still when half coalition behind an environmental can well afford it but more again as large. program to create a sustainable importantly we cannot afford the economy; next, we must implement a alternative. The cost of failure After population, the experts list long-term nationwide environmental would be prohibitive and the societal such vital matters as the threat of education effort aimed at nurturing a result unthinkable. global warming, pollution of the conservation generation; and, finally, oceans, declining bio-diversity, we must insist upon vigorous, The first step on the path to a ground water pollution, hazardous imaginative Presidential leadership. sustainable economy requires the wastes and many more. All of these Indeed, Presidential leadership is not forging of a social compact among issues would rank high on any list. merely important - it is crucial. It is all economic, political and social However, ironically, what may be the the key to the whole enterprise. The groups in our society --business -­ single most important environmental President must be the catalyst that labor -- agriculture -- academia -­ issue is rarely noted or mentioned serves to coalesce the nation behind religion -- general public -­ anywhere. Yet it most certainly is a positive program of action. No government. All of these groups are the key to our environmental future. one else can do it. essential participants. Their consent The absence of a pervasive, guiding and political support is a necessary conservation ethic in our culture is Last year, at the economic summit element in the process. The the issue. It is a crippling if not, in Paris, President Bush said: "This encouraging thing is that all of the indeed, a fatal weakness. Society's summit marked a watershed. We elements necessary to forming such a answer must be to focus its attention agreed that decisive action is compact are clearly visible on the and energies on nurturing a urgently needed to preserve the horizon. The missing factor in conservation generation imbued in earth." Thus far there has been no unifying this group behind a program its heart and mind with a decisive action. We hope the is leadership at the top. More about conservation ethic. Without such a President will soon announce what that in a moment. guiding principle society will not "decisive action" he thinks necessary have the understanding, motivation, to preserve the Earth. Second- We must nurture a conviction or political will to persist "conservation generation" imbued in in addressing the truly hard Now for a few moments let's its heart and mind with a strong questions that will confront us in the examine the three important things conservation ethic that serves to decades to come. Social, political that must happen if we are going to guide its conduct respecting all and economic conduct is powerfully stop dissipating our life-sustaining matters relating to nature and its influenced by the customs, ethics and resource base. works. Absent a conservation ethic mores of society. For two hundred deeply ingrained in our culture, we years we have acted upon the false First -We must begin a carefully will continue in the future, as we assumption that our resources were designed economic-environmental have in the past, to destroy enduring boundless, that we could dissipate program with the objective of national values in exchange for a and exploit them with lavish creating an environmentally handful of silver and a mortgage on extravagance without end. We have sustainable economy. That is to say, the future. uncritically assumed that the vast an economy that is not fueled by quantities of toxic chemicals, consuming our capital - one that is When experts are asked to list the hazardous wastes and all other sustained by living off the interest, so most serious environmental problems pollutants could be safely vented into to speak. Put more simply - we must they are practically unanimous in the air, dumped in the oceans, lakes,

10 THE EARTH: SOMETHING TO LOSE?

marshes, rivers and on the land of economic decision-making, so that the forest and saw the forest because nature would somehow we can balance our economic from the air, and I was contain or neutralize them. We did aspirations against our stunned by the scale of not seem to care or understand that environmental imperatives." logging. nature's capacity to heal is limited and has been exceeded in vast The Brazil Conference will be a Earlier I had to refer to the regions of the earth in many success if it convinces the economists literature describing the way dangerous ways. that there is more to calculating the forests in the U.S. are Gross National Product than managed. In these sources Tragically, the universal guiding counting the number of tin cans, cars a bright picture is painted. ethic of the United States and all and toilet seats produced each year. We in the U.S.S.R. were other industrial nations since the Amory Levins recently summed up often taken by the industrial revolution has been the problem in that profession American approach. You maximum exploitation of saying, "economists are were an example of a all resources with those people who lie progressive country capable minimum concern for the awake nights worrying of intelligently using your environment. Our about whether what forests. Your example was guiding ethic has been actually works in practice even used to cool the heads quite precisely described could conceivably work in of our aggressive forest by a Japanese journalist theory." industrialists. who was asked by Ecologist Paul Ehrlich Had our society been And now I'm in the U.S. why the Japanese whaling guided by a conservation It's time to have a look at industry is busily exterminating the ethic, we would not have fallen into the way forestry should be very source of its wealth. The an endless number of avoidable done. But what I've seen in answer: "You are thinking of the costly environmental blunders. We Oregon, in my deep whaling industry as an organization would not have polluted ocean conviction, won't make it interested in maintaining whales. estuaries, rivers, lakes and the air. possible to use your forest Actually it is better viewed as a huge Indeed, guided by a conservation techniques as an example. quantity of capital attempting to ethic we would not continue to this If one of my friends had earn the highest possible return. If very day draining valuable wetlands seen and told me of such, I it can exterminate whales in 10 years at the rate of 300,000 acres a year. would have never believed and make a 15% profit, but it could Neither would we continue to waste him. But it is not someone make 10% with a sustainable taxpayer dollars subsidizing timber else who has seen it; I have harvest, then it will exterminate sales from our national forests at a seen it with my own eyes: a them in 10 years. After that, the cost of $365 million a year - a cool multitude of bare, forestless money will be moved to exterminate one million dollars a day. And, in cliffs, slopes ribboned with some other resource." the process destroying watersheds, roads, intensive erosion of fisheries, wildlife habitats and scenic soils, silting of rivers and Economist Herman Daly cogently beauty. If we were, in fact, guided reservoirs, loss of animal summarized this evolving tragedy by some meaningful ethic, we habitat, the disappearance when he said; "... there is something wouldn't continue cutting down the of recreational areas. fundamentally wrong with treating last significant stands of old growth the earth as if it were a business in temperate zone rain forests left on So what to do? What can liquidation." Nonetheless, that fairly the planet; once gone, its like will future generations expect describes our stewardship of the never be seen again. after us? It's often said now planet. that the earth is now our Ironically the most devastating common home. But if it's Herman Daly is one of those rare commentary on our forestry practices our home, then let's by our economists who recognizes that came from Vladimir Molozhnikov, a common efforts put it in economics and the environment are Soviet ecologist and botanist, who order. not separate, independent, unrelated visited Oregon with a group of seven disciplines. They are inextricably scientists in October 1990. This is a I don't want to be intertwined. quote from Molozhnikov: misunderstood. I'm not trying to lecture Americans. Recently Maurice Strong, referring I am a forest ecologist with All I care to do is in a to the 1992 United Nations 30 years of experience in friendly way warn you: don't Conference on the Environment and the forests of Siberia. Not repeat our mistakes! Development, stated that the goal of long ago I was able to visit Tremendous natural the conference "is to place the the forests of Oregon. I resource use and planned environment squarely at the center went to different spots in transformations of nature

11 THE EARTH: SOMETHING TO LOSE?

has led our system to the A well-designed environmental purpose of designing a long-term point of ecological crisis. education program will produce an program of massive arms reductions. The crisis is apparent even informed and committed in Siberia. And with this conservation generation that will Over a period of four decades, the crisis, as undeniable provide the critical understanding world has been in the grip of an consequences, have come and support for moving the nation to irrational arms race. The United economic crises as well. a sustainable economy. States and the Soviet Union have led the parade with far and away the So in closing I want to give The Third ingredient necessary to largest military budgets, totalling the American people a little the process of forging a coalition of some $600 billion a year. They are advice: don't cut down the all leaders and groups behind a also the largest arms merchants limb on which rests the well long-term program to create a selling 70% of a world total of $32 being of the people, or else sustainable economy is far-sighted billion annually. Every one of these your fall will be even more and bold leadership from this and all nations desperately needs relief from frightful than ours. After future Presidents. Without that the burden of military expenditures. all, you still have something leadership, we will continue to to lose. blunder along losing ground year by A coalition led by the United year. States would inspire the world and Mr. Molozhnikov's observation is give it the dramatic leadership it all the more damning coming from Only the President has the yearns for if they would propose a one who has witnessed it all prestige to step forward and capture worldwide reduction of at least 50% firsthand and sees us blindly the attention of the nation and in military expenditures during the pursuing the same course, down the provide the credibility and urgency next half dozen years or so and same path to the same end. necessary to move the nation. another 50% in the following decade with part of the annual savings Fortunately, there are encouraging We are dealing with a major allocated to husbanding the signs that we as a society are social, ecological and economic ecosystem of the planet. beginning to develop a conservation challenge unlike any other in our Furthermore, they have, jointly, the ethic that will ultimately flower into history. It is a challenge that begs economic and political power and a powerful social, political and for the kind of dedicated, influence to persuade or pressure economic force. The sooner the inspirational leadership provided by any reluctant nation to join in a better. Franklin Roosevelt and Winston worldwide arms reduction Churchill in their pursuit of victory agreement. A committed conservation in the Second World War. generation is crucial to the political If we will put half as much energy, process through which we will do or Nothing less will set in motion the imagination and commitment into fail to do what is necessary to forge public and private machinery demilitarizing the world as we have an environmentally sustainable necessary to stir society to join forces in turning it into a dangerous, economy in the next three or four in a coordinated long-term effort to unstable armed camp, we will have decades. build a sustainable economy. set the course for a better world.

If we are going to succeed in We are now at one of those rare The leaders of the military­ raising a conservation generation points on the time frame of history industrial complex that President soon enough to have a significant when a remarkable combination of Eisenhower warned about in his impact in the near term, we must world events has come together farewell address are now hard at it initiate a comprehensive nationwide opening a window of opportunity for asserting that the Iraq war environmental education program in statesmen with the vision and demonstrates the need for a large every school system in America. courage to seize the moment and military establishment and the folly This is the goal of Earth Day. The change the course of history for the of military budget cuts. How else, Governor of every state should have better. they ask, can the United States and at the top of his or her agenda a its allies police the world and proposal mandating that The Soviet economy is a shambles. enforce order whenever and environmental education be included The unity of the nation has been wherever they think our interests in the curriculum for every class seriously shaken if not shattered. may be threatened? from kindergarten through high The political system of the whole school. Wisconsin has mandated East Bloc is in a state of collapse. The answer is that we can do it if such a program and it is being we put our total energies into implemented at this time. The long­ The United States stands alone as forging a U.N. agreement to phase term goal of Earth Day U.SA. is an the only super power. It is now in in major military reductions, environmental education program in the perfect position to bring together monitored by regular U.N. every school in every state. a coalition of world leaders for the inspections and enforced by a total

12 THE EARTH: SOMETHING TO LOSE?

embargo on trade and commerce, As we arm our current friends in most, if not all, of the next. including air traffic and electronic the Middle East, everyone left off The United States is the biggest communications against any nation our list will jump into the race industrial power and by far the that refuses to support the buying arms wherever they can be biggest consumer of the world's agreement. found. goods. It has an obligation to set an example and provide world It doesn't require any unusual Arms sales in that region at this leadership. insight or perception to note that if time is bad politics, bad policy and all nations reduce their offensive totally unnecessary. Our first order Let us hope that President Bush military capacity by half, the relative of business in the Middle East will grasp the opportunity to lead the balance of power remains should be to seek an agreement world down the path of massive arms approximately the same. among the four leading suppliers to reductions and initiate the battle to strictly limit sales. The Soviet preserve the integrity of the planet. This is not idealism Union, the United States, run amok; it is, plainly France and Britain are, President Roosevelt's acceptance and simply, hard-nosed in that order, the largest speech in Philadelphia in 1936 realism. How much arms merchants in the contained some eloquent lines longer are the United region, selling almost appropriate for that generation. States and the Soviet 80% of the total over the What he could not have anticipated Union going to lead a past several years. The is that these lines would be even world parade that Soviets have already more fitting for the generation that squanders almost a expressed an interest in shortly will take the reins of national trillion dollars every year curtailing sales; so has leadership in both the private and on weapon systems that Egypt's President public sector. put us all in greater jeopardy while Mubarak and Israeli Defense we continue to degrade and dissipate Minister Moshe Arens. This is an His lines were: the resource base that sustains us? open invitation for the United States to propose an international "There is a mysterious cycle Unfortunately, instead of grasping moratorium. What better way for in human events. To some the best opportunity in a half century the President to launch his "new generations much is given. to bring the arms race under control, world order." Of other generations much the Administration plans to fuel the is expected. This generation fires with $18 billion in military sales Surely an arms race in the Middle of Americans has a to the Middle East in the next year. East is not to be our dividend for rendezvous with destiny." They say we owe it to our friends to winning the Gulf War. supply them with the best and most Since the new generation of sophisticated weapons in our arsenal. Very few Presidents are afforded leadership will have an Never mind that many of our current the opportunity to achieve greatness. overwhelming interest in determining friends there are enemies of each Those who did, achieved it because what that destiny will be, this other. Nonetheless, we will they successfully met a major threat certainly is a rendezvous it cannot modernize the weapons systems of to the security of the nation: war, afford to miss. both Israel and the Arab states, social turmoil, economic chaos. making all of them more vulnerable These were the challenges faced by and insecure -- further contributing Washington, Lincoln and FOR. to instability in the region. The New York Times editorialized against the Now, for the first time in history, sale saying that "instead of trying to the nation is confronted with a negotiate restraints, President Bush challenge far more serious than any seems eager to reopen the Middle war or economic depression in the East Arms Bazaar. It's up to past. History has demonstrated that congress to reverse his priorities." nations can recover from lost wars -­ depressions -- revolutions -- but no Of course, it is also a very country has demonstrated it could profitable business for arms recover from environmental manufacturers and merchants; devastation. That, certainly, is too furthermore, it helps the balance of risky to try. payments and signals the politically powerful military industrial complex The environmental issue, with all that we will find some rationale for of its ramifications, will be the most protecting their interests come what important political issue before us may. for the balance of this century and

13 CITE AS 25 VAL. U .L. REV. 000

LAW REVIEW CELEBRATES 25TH ANNIVERSARY

seen many important changes and innovations. (All of these we view as positive except for the cover color change -- to quote Mike Swygert, who spoke for all of us, "What the hell happened to the Brown & Gold?") We salute boards 2-25 for their faithful stewardship.

We speak a law review blessing on the editors of Volume 26: "May all your authors meet their deadlines; may all citations be easily findable and always correct; may the printer cut prices; may the Seventh Fleet all write in for lifetime subscriptions; may all articles and notes make less sense when read backward for spelling."2

Finally, we salute our founder and mentor, Big AI Meyer. He had the inspiration; in countless ways he was The Board of Volume 1 (as they now appear -- compare to the cover photo of the Board the inspiration. members in 1967); L-R Pete Wilson, John Yakimow, Bruce Berner, Alan Landmeier, AI Meyer, Mike Swygert, Mike Virgil, Bob Lee.

REFLECTIONS OF A BOARD MEMBER OF VOLUME 1 by Associate Dean and Professor Bruce G. Berner, '67

On 20 April 1991, at a delightful occasion at Sand Creek Country Club, the editors of Volume 25, Valparaiso University Law Review hosted a reunion of the Volume 1 editors. As a member of that original board and as someone who has, save for four years, observed the operation of the Review at close quarters, I had a nostalgic, joyous evening.

A few reflections. With the exception of our Business Manager, George Valsa, all of the original crew attended --our Business Guru, Bob Lee (class of '66) and the Review editors (all from the class of '67, still widely regarded1 as the best class to have passed through these hallowed halls) --Editor-in-Chief (also serving as the main speaker) Michael Swygert, and Editors Allen Landmeier, Pete Wilson, Mike Virgil, John Yakimow, Bruce Berner. Editors-in-Chief present at the celebration included: L-R, All are remarkably successful and happy (with the exceptions of Swygert and Berner who had to go back to Jayme Walker, '89; James Kapitan, '91; Mike Swygert, '67; law schools to gain employment); none has aged at all. Dave Welter, '90; and Amy Lawrence, '92. (Perhaps this is because when we finished both issues of Volume 1 we already looked 50!) 1. By the class of '67 As to all the following boards, the Volume 1 editors all agree that the Review has remained in good 2. Long before records played backwards yielded secret messages, hands, continues to grow in respect and visibility, and has two of us discovered to our amazement that one of the lead articles in Volume 1 flowed much better backward.

14 CITE AS 25 VAL. U .L. REV. 000

25 YEARS LATER: A RETROSPECf scrutinize preliminary proofs of the Law Review for typesetting erron;. Currently, only a handful of law reviews by James M. Kapitan, '91 have developed desk-top publishing systems. In this area, Editor-in-Chief, 25 Val. U. L. Rev. the Valparaiso University Law Review is definitely on the cutting edge. If the way in which our delegates at the This year marks the twenty-fifth anniven;ary of the National Conference of Law Reviews were swamped with Valparaiso University Law Review. To celebrate the event, desk-top publishing questions is any indication, many other our editorial board invited the memben; of the editorial law reviews will follow our lead in the yean; to come. board of Volume 1 to be the guests of honor at the annual In meeting and spending a little time with the Law Review banquet. To our surprise, all but one member editorial board of Volume 1, I learned that despite all of of the initial board attended. the changes of the past twenty-five yean;, the Valparaiso The guest speaker was Professor Michael I. University Law Review has remained the same in the most Swygert, Stetson Univen;ity College of Law. Professor important ways. As it was a quarter century ago, Swygert was the Editor-in-Chief of Volume 1. In listening memben;hip on the editorial board still provides a great to Professor Swygert and his fellow board memben; tell sense of pride and a true feeling of camaraderie among their war stories, I had to marvel at the changes that have fellow board memben;. As the editorial board of Volume 1 taken place over the past quarter century. Not only has the taught me, the friendships developed through participation Valparaiso University Law Review undergone several major in the Law Review are sincere and truly lasting. Most changes, but the entire law review process has changed on a importantly, the Law Review continues to provide an nation-wide scale. effective vehicle by which students and faculty may engage For example, today law reviews have to actively in scholarly legal expression. market themselves, not only to subscriben; but to potential My hope for the next twenty-five yean; is that the authon; as well. American law schools generate over 150 Valparaiso University Law Review continues to grow and general interest law reviews, each published at least three improve. I hope that the Law Review can provide a source times per year. Competition among law reviews for articles of pride for all students, faculty and alumni. Finally, I hope from well-known authon; can be fierce. To avoid such that memben;hip on the Law Review provides future competition, many law reviews are sponsoring and editorial boards with the same sense of accomplishment publishing more symposiums. By sponsoring symposiums, a that it provided the editorial board of Volume 25 -- that it law review can guarantee that it will have articles from provided the editorial board of Volume 1. outside authon;. Although we have published symposiums in the past, the Law Review hopes to be much more aggressive in sponsoring and publishing symposiums in the future. Toward that end, we have created the position of Associate Members of the Board for Vol. 25 are pictured below Editor for Special Projects. The Associate Editor for (complete with the eye-glasses made famous by the Board of Special Projects will be responsible for, among other things, Vol. 1). They are, from left to right: Paul Jesse, Craig Van soliciting articles from outside authon; and planning Ess, Paul Landskroener, Cindi Oppliger, Laura Brown, Beth symposiums. By aggressively marketing the Law Review, we Lynch, James Kapitan, Marilyn Holscher, Cheryl Kuechenberg, hope to enhance both its overall quality and its image in Brian Welch, Phred Mackraz, Barbara Petrnngaro. the legal and scholarly communities. Along with marketing concerns, law reviews must be much more cost conscious than in the past. Subscription revenue coven; only a fraction of the cost of publishing a law review. Therefore, law reviews must look to new ways to increase revenues or reduce costs. To reduce costs and improve quality control, the Valparaiso University Law Review is now being published on a desk-top publishing system in the Law Review offices. We prepare the Law Review in camera-ready copy form and merely have our printer copy and bind each issue. In the past, we relied on the printer to typeset the Law Review for us. This resulted not only in additional expense, but also in sometimes embarrassing typesetting erron;. Although we had to purchase a new high­ resolution laser printer in order to put our system into effect, we anticipate that our new system will pay for itself within the frnt year. As an additional benefit, we no longer have to

15 FACULTY FOCUS -- U.S. Const. amend. II

THE HISTORY OF THE the history of armed citizens in had become a fixed component in SECOND AMENDMENT England, the political views of the English life. Commentators of the TO THE UNITED STATES framers, and the events attending period attributed English military CONSTITUTION ratification of the Constitution and successes to the universal armament the Bill of Rights. practice prevalent in England but By Professor David E. Vandercay absent on the Continent. Visitors Last, by way of disclaimer, the from the Continent could not escape narrow purpose here is to ascertain the stark difference. In 1539, a A well-regulated Militia, being original intent. It is not suggested French ambassador noted that he necessary to th8 security of a free State, that original intent does or does not found every English subject capable th8 right of th8 people to bep and bear control resolution of the current of serving in arms, including boys of arms, shall not be infringed. issues. Hopefully, while not 17 or 18. Subsequently, historians resolving the issues, defining original would suggest that universal - U.S. Canst. amend. II intent will inform our judgment on armament had caused a moderation these matters. of monarchial rule and fostered development of individual liberties in Introduction The History of Armed England since the populace "had in Citizens in England reserve a check which soon brought Substantial debate has occurred in the fiercest and proudest King to recent years over the issue of gun Blackstone credits King Alfred, reason, the check of physical force." control. Major zealots urge total who ruled England from 871 to 901, This significant check on abuse of disarmament of individuals, not as establishing the principal that all monarchial rule had not escaped control. Minor zealots urge only subjects of his dominion were the Parliament's notice. that handguns and assault rifles be soldiers of the realm. King Henry II outlawed. Highly publicized events, formalized the duties of his subjects In the 1600's, the relationship such as the attempted assassination in 1181 by issuing the Assize of between the Crown and Parliament of Ronald Reagan and the mass Arms. The Assize required not only deteriorated. Charles I, annoyed murder of customers in a arms to be possessed by all free men, with Parliament's claims of right, McDonald's fast food restaurant, but also precluded the possessor dissolved Parliament for a period of precipitate new efforts to control from selling, pledging or in any other eleven years. In 1640, Charles I had what has come to be known as the way alienating the weapons. no choice but to call Parliament to great American gun war. Zealots session for purposes of raising opposing control claim a natural and The citizen army concept additional taxes because of a inalienable right to self-preservation. continued to develop through the rebellion in Scotland. The new The logic of these advocates is Tudor period. Henry VIII decreed Parliament seized the opportunity to simple: If guns are outlawed, only that fathers must purchase longbows assert its influence to the detriment outlaws will have guns. for sons between 7-14 years of age of the monarchy. Parliament and to teach them and bring them secured for itself the power of Both proponents and opponents of up in shooting. Each citizen dissolving. In addition, Parliament gun control claim support from the between the age of 14 and 40 years demanded that Lord Strafford, the Second Amendment. Gun was required to own and use a King's leading minister, be removed proponents claim that the natural longbow. Queen Elizabeth from his post on the grounds that right to self-preservation is embodied formalized the process somewhat by Strafford had raised a standing army in the language "... the right of the issuing instructions for general in Ireland. The King complied; people to keep and bear arms, shall musters of the citizen army. Strafford was executed; Ireland not be infringed." Opponents of gun Commissions were issued to various revolted. ownership by individuals claim that knights to take charge of such the right to possess arms should and musters. The stated purpose of the Swelled with its success in does belong exclusively to the state. musters was to enable Elizabeth to maneuvering the King, Parliament Thus, guns may be borne, as a know the "numbers, qualities, moved to seize control of the militia. matter of constitutional right, only abilities and sufficiency of all her The King balked and refused to by members of a state militia. subjects in that county... , from the accede to this demand. Parliament age of sixteen years upward, that moved forward and appointed its The purpose here is to examine may be found able to bear armor or own officers to take charge of the the history of the Second to use weapons on horseback or on militia. Parliament called out the Amendment to define original foot." The citizen army, during militia and warned that militia units intent. Did the framers intend to Elizabeth's reign, acquired the name mustered under authority of other establish an individual right to bear "militia." than Parliament would be punished. arms, a collective right belonging The King did the same. The result only to the state, or both? To define By the end of the Tudor period, was civil war. Seven years later, original intent, one must examine the citizen army or militia concept Parliament's forces prevailed:

16 ORIGINAL INTENT: U.S. Const. amend. II

Charles I was executed in 1649, the When Cromwell died in 1659, the Charles II's successor, his brother Kingship and the House of Lords Rump Parliament met again and James, pursued the disarmament was abolished and England was enacted laws which empowered policy. The common perception was declared a free state. government officials to confiscate that James, a Catholic, was arms from landowners to protect the disarming Protestants in Ireland and Parliament's declaration Commonwealth. Shortly thereafter, the new Whig party which opposed notwithstanding, England was not a legislation was passed authorizing him. James ultimately asked free state. Force of time had the seizure of arms from Catholics, Parliament to suspend the Habeas converted the militia, mustered in anyone who had borne arms against Corpus Act and to abandon the 1642, into a standing army by 1649. Parliament or anyone else judged to militia concept in favor of standing After a period of years, the soldiers be dangerous to the State. armies. Parliament refused. were no longer citizens serving occasionally as the need arose. The army intervened in 1660 with James responded by placing 13,000 Many were no longer willing to General George Monk reinstating men of his army outside London. At follow the dictates of Parliament. members of Parliament who bad this point, 1688, James' son-in-law, Several events had led to this been purged in 1648 because they William of Orange, a protestant, situation. One cause was favored the monarchy. Parliament landed in England with a large Parliament's failure to pay the then restored the monarchy by Dutch army. James' army deserted soldiers. Other events included placing Charles II, son of the him and James fled to France. Parliament's actions favoring a executed King, on the throne. national Presbyterian church. As it Consider Charles Il's position. He William and Mary assumed the happened, many Army leaders, had no army. His father had been role as sovereigns in 1689. including Oliver Cromwell, were executed after civil war with Parliament restricted the powers of advocates of religious freedom. Parliament. As a result of the policy these monarchs by adopting the Army leaders took the position that of universal armament and the civil Declaration of Rights. William and the English people's freedom of war, the English people were armed Mary were required to accept the worship was a right over which to the teeth. Cromwell's army of rights enumerated in the declaration Parliament bad no control. 60,000 were mingled with the rest of as the rights of their subjects and to the population. A prudent monarch, rule in accordance with Parliament's As a result of these events, part of Charles II decided to develop an statutes. The declaration recited the army began to see itself as an army and disarm the population. James' abuses, including the raising independent political force and keeping of a standing army empowered to act in the name of the Charles II began molding a militia without Parliament's consent, people. The army, increasingly loyal to the throne by directing that quartering of troops in private subject to Cromwell's control, his officer corps assemble volunteers homes and causing Protestant proposed an "Agreement of the for separate training and subjects to be disarmed. The People" which excluded Parliament's "disafforded persons ... not allowed declaration set forth the positive power over religion, impressing men to assemble and their arms seized." right of Protestant subjects to have into the army or navy, requiring In 1662, the "select" militia was arms for their defense suitable to accused persons to incriminate authorized to seize arms of anyone their conditions and as allowed by themselves, etc. Parliament rejected judged dangerous to the Kingdom. law. the "Agreement" and attempted to In addition, gunsmiths were ordered disband the army. The army to report weekly on the number of English political theory was declined and eventually took over guns made and sold; importation of influenced by the events which the government, installing the so­ firearms were banned. Gun control occurred during and after the civil called Rump Parliament. When a had arrived. war. The propensity for standing subsequent Parliament attempted to armies to abuse their power, the disband the army, it was dissolved. A move toward total disarmament temptation for the ruling faction to Ultimately, Cromwell was bestowed occurred with passage of the Game disarm their opponents and to use the role of Lord Protector by Act of 1671. The game act "select" components of the militia for another Parliament. This Parliament dramatically limited the right to bunt illicit ends were all recognized as also attempted to reduce the size of to those persons who earned over problems to be addressed by citizens army and revitalize the militia. £100 annual income from the land. who wish to maintain their liberty. Cromwell dissolved Parliament and More importantly, and unlike any created a military government. prior game act, it made possession of Blackstone suggested that the Cromwell's army was authorized to a firearm, by other than those violence of oppression would best be disarm all Catholics, opponents of qualified to hunt, illegal and restrained by the individual right to the government and anyone else provided for confiscation of those bear arms. An armed citizenry judged dangerous. arms. would stem any abuse of power by the necessarily smaller standing army and serve to protect the people's

17 ORIGINAL INTENT: U.S. Const. amend. II

liberty. Other English theorists, preservation of state autonomy, Richard Henry Lee is credited with particularly those espousing agreed with the proposition that authorship. The self-styled federal "republican" ideals, addressed the arms and liberty were inextricably farmer thought of himself as a virtue of an armed population. linked. supporter of federalism and republicanism. His view of One of the leading republican The first discussion in which these federalism was different from that theorists was James Harrington. views were articulated occurred not set forth in the proposed Harrington's beliefs were quite with regard to the Second Constitution of 1787. The federal simple and direct. He believed that Amendment but rather in the argued that a distant national ownership of land gave men context of Art. 1, § 8 of the government was antithetical to independence. This independence Constitution dealing with the powers freedom: would cultivate other rights we now of Congress to raise a standing army ... [t]he general government, consider fundamental rights, and its power over the militia. As far removed from the including the right of self­ initially proposed, Congress was to people, and none of its government. Harrington also be provided the power to raise members elected oftener believed that the actual armies. Objections were raised that than once in two years, will independence attained would be a there was no check against standing be forgot or neglected, and function of the citizen's ability to armies in time of peace. The debate its laws in many cases bear arms and use them to defend focused on how to avoid the dangers disregarded, unless a his rights. Harrington sought of a standing army; there was no multitude of officers and support from the works of dispute that a standing army poses a military force be continually Machiavelli, who had proclaimed significant threat to the liberty of the kept in view and employed that there was a direct relationship people. to enforce the execution of between good arms and good laws. the laws and to make the A central thesis of Harrington's The dilemma was that some type government feared and republican theory was that an armed of national army would be necessary respected. No position can population is a popular government's in time of war, but the results of be truer than this, that in best protection against its enemies, waiting until actual war occurred to this country either neglected both foreign or domestic. raise a national army could be laws, or a military execution disastrous. The solution adopted of them, must lead to While Harrington and subsequent was two-fold. First, Congress would revolution, and to the republicans argued the virtue of have the power to raise an army but destruction of freedom. armed citizenry, they warned that no appropriation of money to that Neglected laws must first standing armies were to be avoided use could be for a longer term than lead to anarchy and at almost all cost because such two years. Since Congress had confusion; and a military armies become the government's control of the purse and the people execution of laws is only a instrument to retain power. Rather, control over the House of shorter way to the same a populace which possessed the land Representatives by elections every point-despotic government. and arms inevitably would retain two years and over 1/3 of the Senate, political power as well as serving as the people were effectively given a The federal farmer also saw evil the best defense against the popular check against the dangers of a even in the power of Congress to government's enemies. These views standing army. The second check raise an army, even though checked become the tenets, among others, of against the dangers of a standing by the two-year limit on money early republican or whig political army was provided by the existence appropriations and by the States' theorists during the eighteenth of the militia. The states would control over the militia via the century. control appointment of officers to appointment of officers. He prevent the national government understood the need to provide for The Politics of the Framers from acquiring too much power over the common defense but believed an the militia. An armed population additional check was necessary. The 1) The relationship between was deemed the ultimate check on federal farmer argued that select arms and liberty. abuse of power by any standing militias, militias composed of less army. than all the people, ought to be The English republican views on avoided. Select militias, the the relationship between arms and Additional views on the membership of which would be democracy profoundly influenced the relationship of freedom and arms decided by the government, became views of the founding fathers. Both were expressed when the the government's army. Rather, the federalist, those promoting a strong Constitution was being submitted to farmer argued "to preserve liberty, it central government and anti­ the states for ratification. The anti­ is essential that the whole body of federalist, those believing that federalist views were stated in the people always possess arms, and liberty, including the right of self­ pamphlets styled "Letters from the be taught alike, especially when rule, would be protected best by Federal Farmer to the Republican." young, how to use them."

18 ORIGINAL INTENT: U.S. Const. amend. II

possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops ....

Besides the advantage of being armed, which Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are Professor David E. Vandercay appointed, forms a barrier between arms and freedom. In one against the enterprises of Another anti-federalist, George of the first federalist pamphlets, ambition. more Mason, spoke on the relationship Noah Webster argued that the insurmountable than any between arms and liberty. Mason proposed Constitution provided which a simple government asserted that history had adequate guarantees to check the of any form can admit of. demonstrated that the most effective dangers of any standing army. His way to enslave a people is to disarm reasoning, while acknowledging the Another leading federalist, them. Mason suggested that divine check and balances, did not rely on Alexander Hamilton. voiced a similar providence had given every the same. Rather, Webster argued: view. Hamilton suggested that if the individual the right of self-defense. Before a standing army can representatives of the people, elected Self-defense included the right to rule, the people must be under the proposed Constitution, defend one's political liberty. disarmed, as they are in betrayed their constituents, the almost every Kingdom of people retained the right to defend Again, on this point, Patrick Europe. The Supreme their political rights and possessed Henry argued against ratification of power in America cannot the means to do so. the Constitution by Virginia, in part, enforce unjust laws by the because the Constitution permitted a sword, because the whole 2) The Role of the standing army and gave the federal body of the people are National Government, the government some control over the armed, and constitute a States and the People. militia. Henry objected to the lack force superior to any bands of any clause forbidding of regular troops than can The Constitution deals with the disarmament of individual citizens; be, on any pretense, raised powers and obligations of three "the great object is that every man in the United States. distinct entities, the national be armed... everyone who is able may government, the states and the have a gun." Similarly, Madison made clear that people. The political theory of the while he thought the proposed framers, federalist and anti­ The anti-federalist quite clearly Constitution did offer sufficient federalist, was that the people were believed that government tyranny guarantees against despotism, the the source of all power. The was the primary evil against which real deterrent to government abuse Declaration of Independence had the people had to defend in creating was the armed population. To the claimed for the people the right to a new constitution. To preserve anti-federalist criticism of the alter and abolish governments when individual rights against such standing army as a threat to liberty, they became destructive of the tyranny, the anti-federalist argued Madison replied: peoples' rights. The Constitution for the addition of a bill of rights To these [the standing itself purports to be the people's which included, among other rights, army] would be opposed a instrument: the right to keep and bear arms. militia amounting to near "We the people, in order to half a million citizens with ... secure the blessings of The federalists, those supporting arms in their hands, liberty to ourselves and our the Constitution as drafted, did not officered by men chosen posterity do ordain and dispute the premise that government from amongst themselves, establish this Constitution tyranny was the primary evil against fighting for their common for the United States of which the people had to guard. Nor liberties, and united and America." did federalists dispute the nexus conducted by government

19 ORIGINAL INTENT: U.S. Const. amend. II

The debates attending the actual people had a right to self rule. All Hamilton made a direct appeal to drafting of the Constitution make believed that an armed population adopt the Constitution and then clear that the states as artificial was essential to liberty. Given these amend it, if necessary. Hamilton's entities had no right to exist. The beliefs, it is very doubtful that the argument was that if amendments states existed, with rights, only as a framers intended to create a right were to be made, they ought to be collection of individuals. The for each state government to made after adoption since an purpose of each state was to protect maintain a military force to the alteration would constitute a new the rights of the people. The same exclusion of the people's right to proposal and must undergo a new was true of the national government. bear arms. Placing the force of arms decision in each state. Hamilton's Both were subject to modification by solely in the hands of a government argument prevailed. New York the people's will. The only entity entity and out of the reach of the ratified the Constitution but included entitled, as a matter of right, to people would be grossly inconsistent with the ratification a declaration of continuing political viability was the with the political views of the rights and a statement that the New entity known as the people. The framers. York ratification was done under the fundamental premise was that the impression that the rights people had a right to govern The only interpretation of the enumerated could not be abridged themselves. second amendment which would be or violated and that the rights were consistent with the view that 1) the consistent with the Constitution. The people were to remain the people were to retain all power, 2) One of the rights declared read as source of all power, since the that force of arms was necessary to follows: "That the people have a framers did not trust governments. retention of such power, and 3) that right to keep and bear arms; that a Federalists thought that a strong governments abuse power, is that the well regulated Militia, including the national government would serve the Second Amendment's intent was to body of the People capable of people's interest better than a provide the people, and each of bearing arms, is the proper, natural coalition of strong state them, with the right to bear arms. and safe defense of a free State." governments. Anti-federalists believed the opposite. But neither The Ratification Process. New York had ratified but made group trusted governments, state or clear that the people had a right to federal. The question was -- which The federalist and anti-federalist keep and bear arms and that the form of government posed the lesser pamphlets were written to influence militia was to include all the people e vii? . the ratification process by which the capable of bearing arms and not just proposed Constitution would become a select few. Madison, the leading federalist, effective. In addition to revealing argued: "Experience has evinced a the political philosophy of the Similarly, New Hampshire ratified constant tendency in the states ... to drafters, the pamphlets and other the Constitution but in the infringe the rights and interests of documents, intended to influence ratification document stated: each other, to oppress the weaker ratification, reveal additional It is the Opinion of this party within their respective concerns about the right to bear Convention that certain jurisdictions." Mason, the leading arms. amendments and alterations anti-federalist, acknowledged that in the said Constitution man has a lust for power which Anti-federalists rejected the claim would remove the fears and results in the oppression of other that the militia would serve as a quiet the apprehensions of people. Mason believed this to be sufficient deterrent to the threat many of the good people of true in all assemblies and posed by a standing army. The this State and more governments. responsive argument widely made effectually guard against an was that Congress might be able to undue Administration of the The anti-federalists' fear was that confine the existing militia force, all Federal Government - The diminished power in the hands of armed citizens, to a select militia Convention does therefore state government, the government made up of a small segment of the recommend that the closer to the people and more population. Baron Von Steuben, following alterations & representative of the peoples desires, Washington's Inspector General, had provisions be introduced would result in a loss of the people's already proposed such a force. The into the said Constitution. liberties. fear was that creation of a select militia, armed by and loyal to the 3) Summary. federal government, would be accompanied by disarmament of the Twelfth Neither federalists nor anti­ people in general. federalists trusted any government Congress shall never disarm with the people's rights. Both All of the arguments for and any citizen unless such as believed governments tend to abuse against ratification came to bear in are or have been in Actual people's rights. All believed the the state conventions. In New York, Rebellion.

20 ORIGINAL INTENT: U.S. Const. amend. II

In Pennsylvania, James Wilson Identification of the right was conventions. This proposal was not argued against the addition of a bill accompanied by the statement that in the form of a separate bill of of rights largely on grounds already the militia, composed of the body of rights. Instead, Madison proposed offered by Madison, that such an the people, trained to arms, is the amendment by interlineation, enumeration was unnecessary and natural and safe defense of a free placement of the individual indeed dangerous since no person state. The North Carolina amendments in the text of the could enumerate all the rights of convention refused to ratify the Constitution. One of the proposed men. Pennsylvania ratified, but a Constitution until this and other amendments was "that the right of substantial minority drafted a series rights were explicitly added to the the people to keep and bear arms of proposed amendments which document. North Carolina did not shall not be infringed, a well-armed included the following: ratify the Constitution until the Bill and well-regulated militia being the That the people have a right of Rights was drafted and submitted best security of a free country; but no to bear arms for the defense to the States. conscientious objector shall be of themselves and their own compelled to render military service State or the United States, Rhode Island followed an identical in person." Madison's proposal or for the purpose of killing course by identifying the right of the called for this right and the right to game; and no law shall be people to keep and bear arms as a freedom of the press, religion, passed disarming the people natural right, among others, and speech, to be inserted in Article 1, or any of them unless for declining to ratify the Constitution § 9, between clauses 3 and 4. crimes committed, or real until after the Bill of Rights had Article 1, § 9 deals with limitations danger of public injury from been drafted and submitted. on Congress' power over citizens, individuals. i.e., no suspension of habeas corpus, To summarize the state no ex post facto laws and no bills of It is doubtful that the Pennsylvania ratification process, three states, attainder. Had Madison viewed the minority was attempting to New York, New Hampshire, and right as a right of the states, the constitutionalize hunting as a sport. Virginia, ratified while expressing more logical placement of the right Rather, the delegates were their understanding that the people would have been in Article § 8 which attempting to eliminate the had a right to bear arms and that reserves to the states the power to possibility that games laws, used Congress would never disarm law appoint the officers of the militia effectively in England at different abiding citizens. Two other states, and provides authority to train the points to disarm the population, North Carolina and Rhode Island, same. would not produce a similar result in refused to ratify until individual America. Similar arguments were rights, including the people's right to In addition, Madison's notes made in Massachusetts by Samuel keep and bear arms, were recognized regarding the introduction of his Adams. The argument that adoption by amendments. In Pennsylvania, an proposals contain an outline which must precede amendment prevailed. effort was made to amend or suggests he should read the condition ratification on amendment amendments and explain that they In Virginia, Madison was to include, among others, the right relate to private rights. His notes successful in securing ratification but to keep and bear arms. Efforts to also instructed him to explain the George Mason, Patrick Henry and amend were defeated but not on the deficiencies of the English Richard Henry Lee were successful merits. There is no evidence from Declaration of Rights. Among the in having the convention adopt a any state convention that any deficiencies were that the declaration declaration of rights which was to be speaker suggested that the proposed was a mere act of Parliament and recommended to the First Congress Constitution would permit disarming that the guarantees were not for adoption as Constitutional the public. sufficiently broad, i.e., no freedom of amendments. The right of the press, or conscience, and arms being people to keep and bear arms was The Bill of Rights. restricted to Protestants. included as was the statement that a militia composed of the body of the With ratification complete and the Madison's proposals were referred people was the natural and safe First Congress assembled, Madison to a select committee which then defense of a free state. introduced amendments setting forth reported to the House sitting as a what would eventually become the committee of the whole. When the North Carolina's convention Bill of Rights. The ratification proposal came out of the select proposed thclt a declaration of rights process had produced a call for such committee, it read: "A well be added to the Constitution which a declaration of rights. Madison's regulated Militia, composed of the explicitly identified the right of first proposal was made on June 8, body of the people, being the best people to keep and bear arms as a 1789 to the House of security of a free state, the right of natural right and as one of the Representatives. His proposal the people to keep and bear arms means necessary to the pursuit and embodied nineteen substantive items shall not be infringed; but no person obtainment of happiness and safety. and appeared to track the proposals religiously scrupulous shall be made by the various state compelled to bear arms."

21 ORIGINAL INTENT: U.S. Const. amend. II

In the House, the debate focused Senate omitted the words "composed 1M above is an abridged version of on the last clause. The argument of the body of the people" after the Inaugural lecture delivered by was as follows: "militia" and deleted the provision Professor Vandercoy on the occasion of Mr. Gerry- exempting conscientious objectors his achievement of attaining the rank This declaration of rights, I from service. The Senate rejected offull professor. 1M faculty of the take it, is intended to secure language which would have added School of Law considers that the the people against the the words "for the common defense" attainment offull academic rank is a maladministration of the as part of the phrase "the right of signifrcant achievement in the life of a Governments. If we could the people to keep and bear arms teacher and scholar. Along with that suppose that, in all cases, (for the common defense) shall not rank come certain expectations on the the rights of the people be infringed." part of one's colleagues and the public. would be attended to, the Accordingly, in adopting its rules and occasion for guards of this Ultimately, twelve articles were standards for promotion and tenure, kind would be removed. sent to the states for ratification. the Faculty provided that, within one Now, I am apprehensive The first two failed; the ten year after attaining the rank offull that this clause would give remaining were ratified. Newspapers profossor, a member of the faculty an opportunity to the of the times described the second should deliver an inaugural lecture on people in power to destroy amendment as protecting the right of a topic of the professor's choice. This the Constitution itself. the people to keep arms to prevent is a practice in many European They can declare who are civil rulers from tyrannizing the universities but is litde known in the those religiously scrupulous people. United States. and prevent them from An article based on the lecture will bearing arms. Conclusion appear in a subsequent issue of the Valparaiso University Law Review. An amendment to strike out the The political theory of the "religious scrupulous" language framers, the demands from the state failed. Madison yielded to pressure ratification conventions, Madison's to set forth the amendments at the intent to provide a private right and end of the Constitution. Seventeen the description of the right at the articles of amendment were sent to time, all suggest that the framers the Senate. intended to create a right for each citizen to bear arms. The Second The Senate streamlined the entire Amendment contemplated an armed package by combining some population to insure the existence of amendments and simplifying others. a free state -- free from oppression On the right to bear arms, the from the national or state civil rulers.

22 CLASS ACTIONS

1950 legal affairs of the Company as well as undertake specific assignments for PRACTITIONER The Circuit Judges of the 8th the Beach Products and Advertising IN RESIDENCE Judicial Circuit of Illinois have Specialty Divisions of Penn appointed Loren E. Schnack as an Corporation, an affiliate of the Dr. Robert E. Nielsen of the Associate Judge in Quincy, Adams Company. Don will also be a U.S. Dept. of Commerce was County, Illinois. member of the Company's Executive the Practitioner-In-Residence Committee. at the law school on April 18- 1957 19, 1991. Dr. Nielsen spoke to Western Publishing and its Charles R. Vaughan has been predecessors have been in business various classes in both the selected for inclusion in the since 1907. It is the largest creator, School of Law and the nationally recognized reference publisher, printer and marketer of Department of Economics and book, The Best Lawyers in America. children's books in the United attended various law school States. Western believes it is also functions. In addition, he held 1967 the largest producer and distributor a seminar and advised students of children's and adult jigsaw puzzles on job placement in the public The Honorable Peter K. Wilson, Jr., and is one of the largest producers and private sector in formerly an Associate Circuit Judge and marketers of children's games, Washington, D.C. for the Illinois 16th Judicial Circuit, card games, classic family games and Dr. Nielsen is an attorney will join the law firm of Mickey, adult board games. with the Office of Chief Wilson, Weiler & Renzi, P.C., Counsel for Import Aurora, Illinois, in the private Don and his family have relocated Administration of the practice of law. to Racine and look forward to Department of Commerce, enjoying the serenity of Wisconsin. specializing in international 1974 trade law. Before joining the 1981 Martin Baumgaertner, Chicago Department of Commerce, he Region Chief Administrative Judge Fond du Lac County Corporation was in private practice with for the U.S. Merit Systems Counsel Thomas L. Storm was the law firm of Wiley, Rein & Protection Board, is serving as the appointed Fond du Lac County Fielding in Washington, D.C. Chairman of the Chicago Federal District Attorney by Wisconsin Dr. Nielsen graduated from Executive Board, composed of the Governor Tommy Thompson. Tom Valparaiso University School Chicago regional heads of the 132 previously served as director of the of Law with Distinction in Federal Executive Agencies in the Senate Republican Caucus for 3-1/2 1982. He was Editor-In-Chief 60,000 employee federal community years and as an attorney with of the Law Review from 1981- in Chicago. Hauser, Lagodney & Lamber, S.C. 1982. Prior to entering the of Madison for five years. He also law school, Dr. Nielsen was an 1977 worked as assistant legal counsel to assistant professor of former Gov. Lee Sherman Dreyfus economics in the Department John D. Lee, formerly in corporate and as an executive assistant to of Economics at Valparaiso government affairs with Sears, has former state Sen. Susan Engeleiter. University from 1973-1979. accepted a new position as Senior He obtained his Ph.D. from Corporate Counsel with Budget 1982 Rent-A-Car in Chicago, Illinois. the University of Iowa. Dr. On January 1, 1991, Mark A. Nielsen also holds a Master of 1980 Dabrowski became a partner with Business Administration the law firm of Russell, Mcintyre, degree and a B.S. degree in Western Publishing Company, Inc., Jessup, Hilligoss & Raquet, located mathematics from the Racine, Wisconsin, announced that in Kokomo, Indiana. University of Arizona. His Donald P. Seberger has been wife, Lois Nielsen, M.S.N., appointed Vice President and Roger Daley was elected as a M.D., was an assistant General Counsel of the Company. Freeholder of Middlesex County, professor of Nursing at Don joins Western from the New Jersey. Valparaiso University before Chicago-based law firm of Jenner & attending medical school at Block where he practiced law for Joseph L. Taylor, formerly with the John Hopkins University more than eight years, the last four Garretson & Santora, has a new in Baltimore, Maryland. as a partner. Previously, he was a association with Fisch, Lansky & staff attorney with Continental Bank Associates, Chicago, Illinois. in Chicago for nearly two years. Based in Racine, Don will direct the

23 CLASS ACTIONS

1983 Jennifer Stocker, an associate with Wood, Herzog, Osborn & Bloom in Frank A. Latta) became a partner of Fort Collins, Colorado, and her the New Jersey law firm of Connell, husband, Jeff, joyfully announce the Foley & Geiser as of January 1, Return the Favor birth of their first child, David Tyler, 1991, after 6 years with the firm. on December 30, 1990 (timely tax His practice concentrates on The AMICUS and your break!). environmental and commercial fellow alumni (especially litigation. Frank, his wife Gretta your classmates) want to Dana J. Wachs and wife, Tina, are (V.U. undergrad 1982), and keep up with you. This living in Eau Claire, Wisconsin, daughter Emily, months, reside in 18 section of the magazine is, where Dana is a shareholder in the Basking Ridge, New Jersey. firm of Jordan & Wachs. Dana was by far, the most popular appointed to the board of governors feature. So it goes with Timothy T. Patula has formed the of the Wisconsin Trial Lawyers law firm of Patula & Associates, similar alumni magazines Association in 1990 and continues to which is based in Chicago, Illinois. across the country. The be an active participant in this reason is obvious; it is a organization. Dana concentrates his 1984 great way to catch up with practice in the areas of personal friends with whom we often injury and medical malpractice Wade Nichols has accepted a lose touch over the years. litigation. Dana and Tina have two position with Morgan & Associates, Return the favor -- share children, Jordan, 3, and Jessica, 6 Inc., a title company located in your news with us through months. Noblesville, Indiana. The AMICUS. Items such as a change in career or firm; a 1986 Jeanne Beckstrom Van Egmond and move to a new location; her husband, Tom, are proud to marriage; births; promotions; Nancy Dean Berning and husband, announce the birth of their second partnerships; membership, Daniel R. Berning ,'77, recently had child, Matthew Kent, on March 11, selection or appointment to a new addition to the family, John Daniel, born February 21, 1991. 1991. positions within professional or civic organizations; special 1985 Kathryn Johnson has joined the activities; a feature article or LaPorte County Prosecutor's staff as Chris Fitzpatrick is environmental mention of you in a a part-time deputy prosecutor on counsel for Florida Power professional or trade journal January 1, 1991. She is also a sole Corporation in St. Petersburg, or your local paper are just a practitioner with an office located in Florida. Prior to accepting this few examples of the type of LaPorte, Indiana. Kathryn and position, Chris was an associate with information we like to husband, Mark, have 3 children: Brown, Todd & Heyburn in its New receive for publication. Brian, 4; Christina, 3; and Laura, 1. Albany office. Whenever possible, please include a photo (black and A May wedding is being planned by Ellen K. Fujawa has a part-time white preferred) to Teresa L. Muth and Dennis T. position with the Law Offices of accompany your news. All Mysliwy, both of Crown Point, Daniel C. McCarthy in Greenwood, photos will be returned. Indiana. Teresa is employed as a Indiana. She is also an There is a post card on litigation attorney by State Farm Administrative Law Judge for the the back cover for alumni Insurance Company. Indiana State Board of Health and is news items. Do not let that in the Army JAG Corps Reserves. Linda J. Peters is pleased to post card limit the length or announced her association in the number of your submissions! Frank Harris, Nassau County practice of law with Wyss, McNellis, Deputy District Attorney, Mineola, Envelopes bulging with news Riebenack & Myers, Fort Wayne, New York, has written a review of and photos are always Indiana. Fergus Kelly, A Guide To Early Irish welcome. Law (Early Irish Law Series vol. 3; Please send all items in Dublin: Institute for Advanced care of The AMICUS News Studies, 1988) in 34 The American & Notes Editor, Valparaiso Journal of Legal History (1990) and University School of Law, "Nine Extant Portraits of the Lords Wesemann Hall, Valparaiso, Herbert of Cherbury of the First IN 46383-6493. Creation" in 14 #1 Cross-Bias (1990- 1991).

24 CLASS ACTIONS

1988 Gregory Brack is associated with Roberta Plasschaert is associated Friedmann & Associates, Atlanta, with Krisor & Nussbaum in South Priscilla Andrea Herochik has Georgia, and practices personal Bend, Indiana. opened her own law firm effective injury and bankruptcy law. April 15, 1991. The office is located Frank Schaffer is a deputy at Twin Towers North in Merrillville, Christine A. Brannon is associated prosecutor in St. Joseph County, Indiana. with Lenihan, Moore, Gallogly & South Bend, Indiana. Camolli in Westerly, Rhode Island. Kim Tabor Speer is an attorney with Robert Bratch is practicing law in the Public Defender's Office in Indianapolis, Indiana. Indianapolis, Indiana.

Jeanene Calabrese is a deputy prosecutor in Starke County, Winamac, Indiana.

Susan Castner has accepted a position with Maish & Mysliwy in Hammond, Indiana. IN MEMORIAM This spring, Jeffrey Cox will receive his LL.M. in environmental law from Pace University. The entire Valparaiso Priscilla Herochik University School of Law John Herrick has joined the Herrick Community extends its Since graduation, Robert B. Scott Law Office in Fond duLac, sympathy to the family and has been with McHale Cook & Wisconsin. friends of of the following Welch in the Corporate and Utility deceased alumni: Law Section of the firm. Robert, his Brent Emerson Inabnit and Lisa wife, Spencer, and daughter, Roxanne Struble, a senior majoring Goldie L. Burns, '22, who Stephanie, reside in Indianapolis. in elementary education at passed away at the age of 95 Valparaiso University, are planning on Tuesday, March 26, 1991. Troy Christopher Swanson to be married in July. Brent is Burns was a police officer announces the relocation of his law employed by Mayer, Brown and Platt for the Los Angeles Police practice to The Park Plaza, Suite in Chicago. Department until he 400, 800 North Charles Street, resigned that post in 1930. Baltimore, Maryland. Wedding vows were exchanged by He returned to Indiana and Tamela J. Johnstone and Phillip served as Porter County 1989 John Gardin in March. Tamela is Deputy Prosecuting Attorney employed by the law office of Paul Jonathan E. Irwin has joined the R. Chael in Kouts. The couple will for five years and as Chicago office of Querrey & make their home in Crown Point, Prosecuting Attorney for six Harrow, Ltd. Prior to joining Indiana. years. Elected Porter Querrey & Harrow, Jon was an County Circuit Court Judge associate with the firm Tressler, Stephen Krentz practices law with in 1950, Goldie served in Soderstrom, Maloney and Preiss. Peter Krentz, '56, in Plano, Illinois. that position until his retirement in 1962. Timothy J. Murray is now in solo Mary E. Loughnane is an attorney practice and has opened an office in with Legal Services Program of Milton Hafner, '71 Covington, Indiana. Tim is also Northern Indiana, South Bend. December 20, 1990 serving as President and CEO of G. Roper and Company of Covington. John J. Mueller is working as a Tax Harolyn Goldenberg, '80 Law Editor at Commerce Clearing Munster, Indiana 1990 House in Riverwoods, Illinois.

J. C. Anderson is a deputy Nick Allen Perko, III will marcy prosecutor in Lake County, Crown Dayna Marie Schafer at St. Point, Indiana. Michael's Church, Schererville, in September. Nick works for the law Matt Begeske is third base coach for firm of Tweedle & Sedia in the Waterloo Diamonds, an "AA" Highland, Indiana. baseball team.

25 CONGRATULATIONS TO THE CLASS OF 1991

Shereen Abadir B.A., Drew Univ. A FAREWELL TO THE CLASS OF 1991

Brock Alvarado Today marks an end and a beginning; the end of a successful law school B.S., Indiana Univ. effort and the beginning of a new career. It is also a day of great joy and a bit of sadness. You students are our stock in trade and your departure Mary Andres leaves a void that is never quite filled by next year's senior class. B.A., Mercyhurst College During your years at V.U., you have become skilled in the fundamentals Laura Beck of lawyering. As you move from the classroom into an imperfect world, we B.A., Juniata College hope that you have acquired other traits of character that will serve you well in the years ahead -- traits such as wisdom, patience, humility, Jonathan Berkowitz generosity and common sense. A.B., Univ. of Michigan You are entering a profession that does not enjoy great public esteem. Efforts are being made by the American Bar Association and the various Kevin Boyle state bar associations to improve the image of the legal community. It will B.A., Indiana Univ. be a slow process and each of you bas the opportunity to contribute to this effort by your conscientious preparation, your honesty in dealing with Kristi Brown clients and opposing counsel, and your courtesy to the court. B.A., Purdue Univ. A wise man once made this observation: "People grow old only by deserting their ideals. Years may wrinkle the skin, but to give up wrinkles Laura Brown the soul. You are as young as your faith, as old as your doubt; as young as B.A., lllinois Wesleyan Univ. your self-confidence, as old as your fear; as young as your hope, as old as your despair. In the central place of every heart there is a recording William Brown B.S., Purdue Univ. chamber; so long as it receives messages of beauty, hope, cheer and courage, so long are you young. When your heart is covered with the Dawn Cantelo snows of pessimism and the ice of cynicism, then and only then are you B.S., Loyola Univ. grown old." We wish each of you a successful future, long life, abundant good health Bruce Carr and peace of mind. B.LS., Southern Illinois Univ. We are pleased that you passed our way and the Jaw school is the better for it. James Clement B.A., Bob Jones Univ. Professor Charles Gromley Faculty Advisor -- Class of 1991 Jeanne Collins B.A., Colorado College

Wendy Williams Davis B.A., Wheaton College Allen Fore Ting-fu Gu B.A., Eureka College Shanghai Institute of Foreign John Drier Languages B.A., Kalamazoo College Melissa German B.A., Calvin College Christina Gust Lawrence Dujsik B.S., Western Connecticut State Univ. A.B., Univ. of lllinois Robert German M.A., St. Xavier College B.A., Univ. of Arkansas Thomas Haarmann B.A., Schiller International Univ. Jennifer Eversole Mark Gland M.A., Boston Univ. B.A., Valparaiso Univ. A.B., Indiana Univ. John Haase Charles Feinen Daniel Goeglein B.B.A., St. Norbert College A.B., Univ. of Illinois B.A., Concordia College Thomas Hamilton Phil Aemming Steven Gould B.S., Univ. of Maine B.S., Arizona State Univ. B.B.A., St. Norbert College Michael Helman Maria Elizabeth Aores Julie Griffith B.S., Indiana State Univ. B.A., Purdue Univ. B.A., Valparaiso Univ.

26 CONGRATULATIONS TO THE CLASS OF 1991

Cheryl Henderson Douglas LaLone Brian Nehrig B.A., Hope College B.S., Purdue Univ. B.A., Wabash College

Amelia Hensley Paul Landskroener Jennifer Nelson B.A., Indiana Univ. B.A., Valparaiso Univ. B.A., Augustana College

Catherine Hillman Noreen Larson Wendy Nutt B.A., Valparaiso Univ. B.A., Rosary College B.A., Bethany College

Julianne Holm Ann Lederer Cynthia Oppliger B.A., Hanover College B.A., Macalester College B.A., Valparaiso Univ.

Marilyn Holscher Giovanni Leone Jennifer Overmyer B.A., St. Mary's College B.A., Univ. of Notre Dame B.S., Ball State Univ. M.A., Univ. of Iowa Beth Levine Paul Pasche Michael Honegger A.B., Univ. of lllinois B.S., Valparaiso Univ. B.S., Bradley Univ. Alexandra Lewycky Barbara Petrungaro Scott Hoover B.S., Univ. of Illinois B.A., Lewis Univ. B.S., Iowa State College Ph.D., Illinois Institute of Technology John Loughnane Steven Pletcher B.A., Southern Illinois Univ. B.A., Indiana Univ. Celia Homer B.S., Indiana Univ. Elizabeth Lynch Misti Rawles B.A., Indiana Univ. B.A., Purdue Univ. Stephen Ross Hubbell B.A., Valparaiso Univ. Christina Maas Shauna Reitz B.A., Valparaiso Univ. B.A., Valparaiso Univ. Amy Hutchison B.S., Valparaiso Frederick Mackraz Julie Rickett M.B.A., Indiana Wesleyan B.A., Hope College B.A., Univ. of Georgia

Deborah Janowski Michael Mannisto Kevin Rickett B.S., Viterbo College B.A., Carthage College B.S., Ball State Univ.

Kerry Jazinski-Makin Teresa Massa Joni Ritzi B.S., Carroll College B.A., Indiana Univ. B.S., Indiana Univ.

Paul Jesse Donna McCoy Matthew Robinson B.A., Cleveland State Univ. B.A., Purdue Univ. B.A., Wabash College

James Kapitan Frank Menendez Deanne Sasser B.A., Calumet College B.A., Kalamazoo College B.A., Indiana Univ.

Virginia Keating Scott Minnette Bonita Schaaf B.A., Purdue Univ. B.S., Purdue Univ. B.G.S., Indiana Univ. M.A.L.S., Valparaiso Univ. Lisa Misner Brett Schenck Michael King B.A., Purdue Univ. B.S., Purdue Univ. B.S., Western Michigan University Sarah Moeller Eileen Schiele M.S., Western Michigan University B.A., Lake Forest College B.S., Washington Univ.

S. Michael Kowalski Robert Morris Kelly Schneider B.S., Valparaiso Univ. B.S., Ball State Univ. B.A., National College of Education

Pamela Krause Jeffrey Mortier David Schopp B.A., Loyola Univ. B.A., Northwestern Univ. B.A., Aurora Univ.

Matthew Krueger Michael Myers Fay Schwartz B.A., Wheaton College B.A., Indiana Univ. B.S., Indiana Univ.

27 CONGRATULATIONS TO THE CLASS OF 1991

Sara Scudder Cynthia Tilden Renee Wheeler B.S., Indiana Univ. B.A., Valparaiso Univ. B.A., Valparaiso Univ. B.S., Valparaiso Univ. Angelo Spyratos Charles TimmeiWilke B.A., Elmhurst College B.A., Carthage College Robert Whippo B.A., Valparaiso Univ. Ann Staley James Urtis A.S., Purdue Univ. B.A., Univ. of Rochester Timothy Williams B.A., Aquinas College Ronald Stella Craig Van Ess B.B.A., Western Michigan B.S., Aquinas College Ronald Wisniewski M.S., Grand Valley State B.A., Univ. of Notre Dame Christopher Stride B.A., Valparaiso Univ. Robert Vann Eric Wright B.S., Indiana Univ. B.A., Carthage College Paul Strouse B.A., Univ. of Wisconsin Ruth Anne Velaer Robert Youngman B.Mus., Northwestern B.A., Valparaiso Univ. Carol Sturdevant B.S., College of St. Francis Gerald Vigansky James Zieba M.A.LS., Valparaiso Univ. B.S., Hope College B.A., Purdue Univ.

Tara Talmadge Christopher Vlachos Scott Zipprich A.B., Mount Holyoke College A.B., Univ. of Michigan B.A., Indiana Univ.

Scott Teach Tamra Walz Spring Zmudzinski B.A., Wabash College B.A., Schiller International Univ. B.G.S., Indiana Univ.

Michael Thiakos Yin Wang B.S., Univ. of Illinois B.S., Faulkner Univ.

William Thomas Robert Weiner A.B., Augustana College B.A., Univ. of Pittsburgh

Thomas Thorson Brian Welch A.B., Indiana University B.S., Bradley Univ. A.M., Indiana University A.M., Princeton Ph.D., Princeton

It is with great sadness that we report the death of Ting­ Fu Gu, a member of the class of 1991. VUSL's first student from the People's Republic of China, Mr. Gu began his law studies in the fall of 1987. Having been an English instructor at the Shanghai International Business Institute, he was selected by the Chinese government to study law in the United States in order to begin a law program at the Institute following graduation. In 1990, his wife and son came to the States to join him. In the summer of 1989, Ting-Fu was diagnosed with lung cancer. In early April, 1991, Mr. Gu fulfilled his dream of completing the requirements for his J.D. He succumbed to cancer on April 17, 1991. Across language, culture, distance, time, and illness, Mr. Gu overcame incredible obstacles in his pursuit of an American legal education. He helped us value more what we had previously taken for granted. His diploma was presented to his family at his memorial service. Mr. Gu is pictured here with his wife, Jian-Min Meng, and his son, Meng-Li.

28 r------

The AMICUS invites and AMICUS News & Notes Editor encourages Alumni to write to Valparaiso University School of Law the School of Law with news Wesemann Hall of interest for publication in Valparaiso University the Alumni News section of the magazine. Items such as a Valparaiso, IN 46383-6493 change in address or career; status within your firm; births; marriages; membership, election or appointment to positions within professional organizations/associations are L------­ a few examples of the types of r------information we like to receive and publish. Copies of rticles and photographs are elcome.

We also want to give you ample opportunity to order a copy of the new 1991 edition of the VUSL Alumni Directory. Copies are VUSL Alumni Association vailable for $25.00 each. Valparaiso University School of Law Wesemann Hall We also wish to receive Valparaiso University notice of any employment pportunities you may have Valparaiso, IN 46383-6493 r may know about for VUSL tudents or graduates. If you are interested, you may receive a copy of the VUSL Monthly Job Bulletin published by the Office of L------­ Career Services and Alumni r------Relations.

The "post cards" on the back of the AMICUS are designed for your use for any of these items. Please complete the appropriate card(s) and send them in! Career Services Office Valparaiso University School of Law Wesemann Hall Valparaiso University Valparaiso, IN 46383-6493

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