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Fall 1988 Clark Memorandum: Fall 1988 J. Reuben Clark Law Society of the J. Reuben Clark Law School

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CLARK

BNceC Hafen CONTENTS Dean

Claude E. Zobell, Jr Editor Rescue Mission Susan Adams Vincent S. Moreland Associate Editor Bridges Charles D Cranney Elder Dallin H. Oaks 10 ProductionlCopy Editor The Study and Practice of the Laws of Men Light of the Laws of God Linda A Sullivan in Bruce Patrick Elder James E. Faust 16 Garin Ipsen Designers Letter from the Dean 21

John Snyder Memoranda 22 Photo Editor I

Update Faculty Notes 34 Class Notes 38

Fall 1988

The CIicrk Memorunduiii IS published by the J Reuben Clark Society of the J Reuben Clark Law School, Brigham Young University. The articles do not necessarily reflect the opinions of these organizations

Copyright by Brigham Young University, 1988 All Rights Reserved

Cover photograph courtesy of Geneva Steel Works. James J. Tissot painting used by permission

CLARK MEMORANDUM

As recently as July 3 1 of head the air division. In peak capacity the plant USX executives was Phillip [last year] Geneva Works 1985 he moved to Pillsbury’s provided 5,000 of the most Masciantonio, a vice- and the jobs of some 1,500 growing, forty-lawyer highly paid hourly wage president in the company’s rehired workers looked to be environmental group. jobs in the state-plus at environmental affairs dead in the water. Amid His years in the capital least that many positions in division Looking for advice ultimatums and deadlines, a did nothing to dampen allied industries. But From someone who had ties tense drama of delicate Joe Cannon’s American Geneva was an economic to both Washington and negotiations was played out, heartland style or weaken anomaly: What was a Utah-and to Geneva- reaching a climax that his strong ties to his full-fledged steel mill doing Masciantonio thought of Joe involved Utah Senator Orrin Mormon faith. He belonged in Utah, far from major Cannon, whom he had come Hatch, USX corporate chief to one of Washington’s waterways and supply to know during Cannon’s David Roderick, and scores Mormon networks, a group sources? tenure at EPA. In February of lawyers, executives, of government officials and Built in the early 1930s 1986 Masciantonio put in a bankers, and accountants professionals who main- by the U S. government to call to the Washington lawyer Joe Cannon doesn’t fit tained a community of supply steel to West Coast Cannon immediately the part of the big-time fellowship far from the defense industries, the plant understood the potentially leveraged-buyout deal- religion’s natural center in had been located in the Utah devastating effect Geneva’s maker. Plump and cheerful, Salt Lake City He was a mountains to place it closing would have on his he peppers his conversations member of a Mormon beyond the range of home state. He volunteered with “golly” and “jeepers” congregation in Vienna, Japanese bombers. In 1946 to tap his Mormon business and projects a casual, Virginia, the same one USX-then called U.S network. Says Cannon: disarming style not usually Orrin Hatch belongs to (In Steel-bought Geneva “What I thought is, I’ll call associated with the fact, Cannon substituted for Works but never bothered to up some entrepreneurial mastermind of a risky, the senator when he was modernize the aging types out in Utah, they’ll high-stakes takeover unavailable to teach his equipment. Still, the mill buy the steel plant, and I’ll

Cannon says he never usual gospel doctrine class.) was well maintained and the be their lawyer ” dreamed of becoming a Cannon kept up his close work force was among the But Cannon’s solicita- businessman, let alone the ties to Utah, too, where company’s most productive. tions to potential buyers met head of a steel mill. The he’d been born into an old Over time, though, the plant with instant rejection They limits of his ambitions were family of Mormon leaders evolved into a steel-industry refused even to consider always confined to the law (His great-grandfather was dinosaur. investing in Geneva. Recalling when he became a the state’s territorial By the mid- 1980s, the “Everybody said they Pillsbury partner in 1985, he delegate to Washington.) He mill’s future looked thought it was the most says, “My whole life-since knew Utah’s economy was particularly bleak. Hurt by idiotic idea they’d ever I was young-I’d always faltering and that thousands the influx of foreign steel, heard,” Cannon recalls with wanted to be a partner at a of workers, many of them Geneva’s profits declined a chuckle. But he received a major-league law firm ” fellow Mormons, were out along with those of the rest more optimistic response A 1977 graduate of of work Among the of the American steel from several steel industry Utah’s Brigham Young businesses and industries in industry The main buyer of consultants he knew through University Law School, trouble was Geneva Works. Geneva steel was another his work at the EPA. If Cannon decided to practice As an EPA regulator, USX plant in California, but managed properly, they told in Washington, D C “1 Cannon had once toured the that market was scheduled him, the plant had the really like Washington- mill in Orem, a small city 50 to dry up In 1985 USX had potential to make money. power, fame, and glory,” he miles south of Salt Lake entered into a joint venture Joe Cannon turned to his says. After stints in the City Orem is near Brigham with a Korean concern to brother Christopher, then an D C offices of Philadelphia’s Young University, where he modernize the California associate solicitor at the Morgan, Lewis and Bockius had spent seven years as an facility. Geneva’s steel Department of the Interior and then Houston’s Andrews undergraduate and as a law wouldn’t be needed after the Only fifteen months apart in & Kurth, Cannon in 1981 student There was a closer project was completed in age, the two have always joined the Environmental connection as well While 1989 But closing the Utah been close, though they Protection Agency, where he was at school, his wife plant would mean massive offer a sharp contrast in he worked his way up to had worked as a secretary at cleanup costs-stimates attitudes and styles While Geneva “The plant,” ran as high as $30 million- Joe had headed straight into Susan Adams is a writer for Cannon likes to joke, and considerable political a legal career, Chris instead THEAMERICANLAWYER This “actually put me through damage for USX at a time had attended a year at article is republished withper- law school.” when it was struggling and Harvard’s business school, mission from the December 1987 Over the years, Geneva needed a sympathetic ear in then tried buying and issue of THE AMERICAN LAWYER Works had played a strong Congress. running a trucking company 0 1987THEAMERICANLAWYER role in Utah’s economy. At One of the concerned before becoming a lawyer CLARK MEMORANDUM

Chris was a frustrated entrepreneur at heart, and as he talked with his brother he recognized in Geneva Works another chance to make it in business. He urged Joe to acquire the plant himself, volunteering to form a team with him. Even if they couldn’t make a go of Geneva, Chris was convinced that purchasing the mill for its real estate value, scrap metal, and machinery would be a wise business move. At first the idea seemed outrageous to Joe. He was no businessman. In nine years as a lawyer, he had gained only the most rudimentary experience in transactional work. But if he didn’t act to save Orem’s steel mill, who would? Using the information they had gathered from consultants, Joe and Chris mapped out rough financial projections on a chalkboard. “It was a decision on two levels ,” Joe recalls “There was a heavy emotional component here . . . [but] I don’t believe you can do a deal just for charity The deal has to make sense ” The more Joe and Chris thought about it, the more the deal did make sense intended to cut costs across Joe Cannon’s uncertainty JOSEPH CANNON There were several ways the board-mainly by nego- about his role at the firm Geneva could become a tiating a new union agree- was to continue for many profitable enterprise ment and lower-cost con- months. Meantime he took One way was to remove tracts with local suppliers. decisive action: At a meet- on the deal and bill it to the corporate restrictions. USX The projections looked ing in Pittsburgh in June new corporation as partner- distributes its overhead promising, but Joe hesi- 1986, the Cannon brothers hours. Cannon won’t say throughout its properties, tated. For one thing, there reached a tentative agree- how much his final bill and the brothers believed was his growing practice “I ment with USX to pursue totaled, but a Pillsbury part- Geneva was bearing a thought, gosh, now I’m a the sale of Geneva Works ner who worked on the deal disproportionate share partner at Pillsbury,” he The action presented says it ran into six figures In addition, to avoid recalls “I never really faced Cannon’s firm with a novel The firm’s total bill, includ- competition with its other the decision of leaving question. Pillsbury had no ing Cannon’s time, amounted plants, USX limited Pillsbury to do this ,” he policy to guide a partner to more than $250,000says Geneva’s market to the says. Instead he thought, undertaking a leveraged the partner Cannon himself western states All that “Maybe I can put it together buyout as to how he should did not take any direct cut of would end when the plant and do the dealmaker part of bill his time. On his own, the firm’s fee. was in private hands. More it and somebody else will Cannon decided to record Most deal sponsors

important, the Cannons manage it ” the hours he spent working collect a payment from the CLARK MEMORANDUM acquiring company, but it is buyer for much of Geneva’s insists his commitment to member of the negotiating unusual for a lawyer/sponsor product And they suddenly the project sprang from his team who actually lived in to allow his firm to collect found themselves under Mormon roots and his sense Orem-buying Geneva the fee In the view of intense time pressure of responsibility to a state turned into a moral crusade Pillsbury chairman George Keeping the plant idle was his ancestors had helped “I felt driven to get the

Sears, however, Cannon’s costing USX $3 million a settle. plant running ” Lundberg billing arrangement was month. If no deal was Others were driven says, her eyes filling with entirely proper “We viewed reached soon, the corpora- by similar ties. Dallas tears as she recalls the hard- it not as a fee at all,” he tion made it clear, the plant Bradford, head of the ships visited upon Orem says “It was just lawyer would be closed down Cannons’ accounting team when Geneva was idled. time put in by Joe Cannon. permanently from Arthur Andersen &L “From the day the plant . We are not in the busi- Despite the turn of Co. , is a Mormon whose closed there was never an ness of rendering business events, Joe and Chris relatives had worked at empty bed in the spouse- advice as distinct from legal Cannon pushed ahead. By Geneva. Like the lawyers, abuse center The child-

advice ” spring they had incorporated the accountants had agreed abuse problems were just Serious negotiations on as Basic Manufacturing and that payment would depend phenomenal The increase the buyout didn’t get under Technologies of Utah, Inc , on the deal’s completion of alcohol abuse. The way until last January-six and assembled a board of Even C James Bode, Jr. , a increase of drug abuse You months after the Cannons’ directors and a formidable non-Mormon who led the had all the indications of a

initial meeting with USX team of lawyers, bankers, investment banking team community under stress ” The Cannons had submitted and accountants, many of from Denver-based The first lenders the a contract offer in late whom were linked not only Boettcher & Company, Cannons and their group summer of 1986, but USX by dealmaking skills but Inc., says he found himself approached turned down the cut off negotiations after a also by the strong bonds of caught up in the buying Geneva deal The prospects company-wide work community and the Mormon group’s fervent enthusiasm changed in late June, stoppage began that August faith. Several prominent though, after Kimball, Parr By the time the Cannons A key figure was Robert members of the community partner James Cannon and USX were talking again, Grow, then a real estate were tapped to serve on the (a distant cousin) succeeded the buyout of Geneva had partner in Salt Lake City’s board. Among them were in negotiating a contract for become even riskier 41 -lawyer Kimball, Parr, Kent Larsen, a former name BM&T with the steel- The plant, for one thing, Crockett & Waddoups partner at Kimball, Parr and workers union Union was no longer in operation A mentor of Cannon’s at president and chief operat- leaders knew that BM&T The work stoppage had Brigham Young law school, ing officer of Prudential was the idled workers’ lasted six months, and dur- 38-year-old Grow led a Federal Savings & Loan , only hope for future ing that time USX reached a Kimball, Parr team the one of the state’s largest employ men t-if the deal fateful decision about its brothers had retained during S&L Associations, John went through-and they Utah plant: Geneva would the preliminary negotiations Scowcroft, an independent made substantial con- not come back on-line when with USX back in 1986 consultant who works to cessions in both wages and the stoppage ended, and the The team was to play a cen- bring high-technology jobs benefits, accepting in return contract with the California tral role in the transaction to Utah and who is the a profit-sharing arrangement plant would be shifted to When Grow took an former head of Deseret By slashing the work force a Pennsylvania mill USX, the Cannons, though, he Management, Inc., the of the new Geneva, BM&T though, would temporarily accepted what was then an Mormon church’s invest- stood to save more than 30 maintain Geneva in an idle extremely risky wager ment arm;and independent percent a year- $12 million state, leaving open the Most large law firms that steel consultant Louis -in labor costs alone gas flow that powered the represent purchasers in Ringger, a Swiss engineer Several weeks later-in coke ovens-at a cost, it leveraged buyouts arrange who was the senior manager mid July-BM&T secured claimed, of $100,000 per for a lesser fee if the deal at Geneva for 30 years. a commitment letter from day. Once the gas was shut falls through Instead, Another member of the merchant banking group off, returning the coke Kimball, Pan- accepted the board was Constance of Houston-based First ovens to operation would be another arrangement: full Lundberg, who left her post Texas Financial Corporation prohibitively expensive. fee if the deal closed; as Geneva’s regular outside to finance Geneva’s $58 Instead of a straight- nothing if it didn’t counsel to join the buying million purchase price. forward leveraged buyout, True, the work could group. Now a professor at Appropriately, the early the Cannons were now mean hundreds of thousands Brigham Young’s law contact at First Texas was looking at a proposition that of dollars for Kimball, Parr school, she provided a kind with vice-president John was almost equivalent to (the firm eventually col- of emotional center for the Romney , a Mormon who starting a new business lected more than a half- acquiring group For shared the BM&T group’s They no longer had a secure million dollars). But Grow Lundberg-the only concern for Utah CLARK MEMORANDUM

With a July 3 1 deadline looming, both First Texas and the BM&T team worked feverishly to nail down the deal. To conduct its due diligence?First Texas retained three law firms. Regular counsel Butler & Binion of Houston worked with local counsel in the Salt Lake office of Denver’s Holme, Roberts & Owen, while Washington, D.C ’s Beveridge & Diamond handled the environmental aspects. On the BM&T side, six partners and four associates from Kimball, Parr worked on the closing, with one partner and five associates from Pillsbury providing assistance particularly on the environmental portion of the deal. “It was a mam- moth task,” recalls Kimball, Pam partner Scott Loveless “A plant of this magnitude has thousands of contractual relationships and legal issues ” On July 28 a USX team lead by Francis Adams, a vice-president in the steel division, flew to Salt Lake City prepared to close the deal at the Kirnball, Parr offices, the command post for the buyout A sense of optimism was in the air. Two days later, it abruptly July 30, a Thursday, First Adams and his USX team, ROBERTGROW vanished. Texas phoned from Houston and by mid-evening a new The letter First Texas to announce that the loan financing agreement was had signed in June included committeehad vetoed a reached that would give a standard, though portion of the bridge USX much less money up way back to Kimball, Parr. important, stipulation: The financing front. Everything now “The parking lot was full of financing was dependent on “I remember actually depended on an okay from people who were waiting to the completion of due getting the telephone call USX’SPittsburgh head- get their physicals ,” she diligence to the satisfaction and thinking, this is quarters. Adams promised says. “They thought they of the bank’s loan commit- Kafkaesque,” Cannon says an answer by next morning were going back to work the tee Working on an “This is something unreal Discouraged by the next day. I cried all the way unusually tight schedule, that is happening here.?’ collapse of the deal, to Salt Lake ” the lawyers simply ran out When the initial shock wore Constance Lundberg had Lundberg’s spirits didn’t of time. When the deadline off, Cannon rebounded. left around dinnertime lift when she arrived at arrived with questions still “We were going to go not “The day the financing blew Kimball, Parr The reply unanswered?the committee until we died but until apart was one of the darkest from Pittsburgh was blunt: decided that the deal was somebody killed us ,” he days of my life,” she recalls no deal. USX would not too risky. says Within an hour, The next day, Friday, she accept a reduced sum up Late in the afternoon on negotiations resumed with drove past the plant on her front, Adams told Cannon,

I CLARK MEMORANDUM and he conveyed a chilling unavailable Buying time, mistakes,” Hatch asserts Finance Corp. relied on ultimatum: Unless BM&T Hatch met with Adams on Hatch prevailed. When in-house counsel, and came through with the Monday. At that meeting, Roderick called the senator Washington Square Capital, agreed-on $33 million in the senator exercised all the back the next morning, he Inc , of Minneapolis, bridge financing by Monday clout he could muster agreed to an astonishing cut tapped regular counsel at 9 a m., USX would shut “I wouldn’t let them off of $18 million-a one-third Winston & Strawn of off the gas at Geneva, the hook,” Hatch says , reduction in the purchase Chicago and retained Salt effectively closing down the recalling the meeting with price. The Cannons, Lake’s Poole, Cannon & plant for good relish “I said, ‘this can’t be according to the new Smith as local counsel Adam’s news wasn’t all shut down until I chat with agreement, would pay a A third lender, Union black USX was willing to Mr Roderick ’ . . Ifrankly total of $40 million for the Carbide’s pension fund, grant a ten-day extension, said, ‘It’s owed me I was plant, with $30 million up turned to New York’s but only if BM&T came up the only one in my front plus a 2 percent Kelley Drye & Warren. with $1 million, nonrefund- delegation who didn’t royalty up to $10 million on Thirty-five outside lawyers able, to cover the cost of badmouth you ’ ’’ He was gross revenues Finally, the crammed into Kimball, keeping the plant idle for referring to Garn’s blast at closing deadline was Pan’s offices for the last two that period “I tried to find USX when the company extended to August 3 1. Any days of the closing. From someone who’d be dumb idled the plant. Hatch won a reservations Cannon might the morning of August 3& enough to give me a million reprieve for Geneva. have had about the a Sunday-until late the bucks, “ Cannon recalls On Wednesday-August unauthorized negotiations following day, work on the “But no one would lay a 5-Roderick flew to Wash- on the purchase price gave deal continued without pause. check on the table for a ington, and the senator got way to relief and gratitude. On Monday morning the million dollars unless they his meeting It didn’t go But time was tight. pace grew frantic. The could be sure the deal was well at first “He was upset BM&T had only three lenders had yet to sign the going to close ” because this had fallen weeks to pull together a new crucial inter-creditor Friday, as it happened, through,” Hatch recalls. “I group of lenders-First agreement. First Texas had was Cannon’s birthday. He made it clear these fellows Texas was interested in last-minute questions about had turned 38 His wife and had pulled a miracle to get it doing only a portion of the USX’s indemnification of five children were waiting together so fast ” In the deal. The lenders’ counsel the plant By lunchtime, for him to come home and course of an hour and a half, would need time to com- these matters were settled cut his birthday cake But the senator pressed Roder- plete their due diligence, At 3:30 in the afternoon, the Cannon was closeted at ick to give the Cannons an and their loan committees money from the lenders Kimball, Pan- trying to extension-and to reduce would have to give their arrived by wire in Salt Lake salvage the deBl By Friday the $58 million price approval Then, too, the City At precisely 4:21 p m afternoon he realized that he Joe Cannon had not lenders would need to -uncomfortably close to needed help from someone asked Hatch to renegotiate “marry-up”-settle all the the 5 p m. deadline when with major clout He put in a the purchase price. All the tricky intercreditor USX was to shut off the gas call to Senator Orrin Hatch lenders Cannon had dealt agreements at the plant-Joe Cannon Hatch, a Republican with agreed that $58 million Once again, the pace at handed a certified cashier’s from Utah, wanted to see was fair The liquidation Kimball, Parr turned check to Adams Geneva saved. Along with value of the plant alone, frenzied, though now Joe By early evening, after Utah’s other senator, Jake according to Cannon , was Cannon and everyone else three hours of signing Garn, and Representative worth more than that could see that the tenor of documents, the buyout was Howard Nielson, he had amount. In fact, Cannon the transaction had changed done, and most of the weary already called on USX chief said he had pleaded with With a labor agreement and dealmakers headed home David Roderick to express Hatch not to push USX too a new contract with USX in Exhausted and exhilarated, support for the sale of the far. “Truly, I said to him, place, lenders were more the Cannons still had one plant to BM&T. Once ‘Senator,just get us the eager to do the deal Word more thing to do that

Hatch got Cannon’s call, he extension,’ ” recalls was reaching the steel evening. At midnight joined galvanized himself into Cannon “‘Don’t bug these market that Geneva was by Bud Patten, they went action-more action, in people by trying to renegoti- about to come back on-line out to the plant gates to fact, than Joe Cannon had ate the price for us ’ ” “Our phone was ringing off welcome the first shift of sought On Saturday Hatch But in Hatch’s view, $58 the hook from people who steelworkers as they pulled USX Washington million was just too high a wanted to buy steel from returned to the mill “That representative Earl Mallick price to pay for Geneva us ,” Cannon says. was the capstone to this off the golf course and Works, and he believed he Three more lenders whole deal,” says Joe. “I requested a meeting with was in a position to bring it joined the deal, along with wouldn’t have missed it for Roderick as soon as down “Frankly, [the three more law firms St the world ” possible. The CEO was Cannons] made some Paul-based ITT Commercial Cannon is sitting at his

R CLARK MEMORANDUM desk at Geneva Works I “Welcome to 1962,” he says with a laugh, indicating the drab dated design of his spacious office with its olive green and burnt orange color scheme. It’s a long way from Washing- ton’s K Street, but Cannon seems to have successfully transformed himself into a steel executive. His salary, he says, roughly matches what he received as partner compensation at Pillsbury -about $200,000 Some aspects of the adjustment are tough for Cannon After the buyout, Pillsbury chairman Sears gave him a choice: of counsel status or resigna- tion. If Cannon took the first option, Pillsbury would not handle Geneva’s work Sears determined that from a malpractice standpoint? Cannon’s position as the company’s major share- holder, chairman of the board and principal officer would make it difficult for the firm to represent Geneva If Cannon resigned from the firm, though, Pillsbury would take on Geneva as a client On October 1, Cannon went of counsel, but he is not entirely satisfied. “I love a Lot of the lawyers at Robert Grow, on the steel market took an upturn CHRIS CANNON Pillsbury and I’d like to use other hand, made a clean about six months ago, and them,” he says. And he break with Kimbali, Parr in Geneva is riding out the finds it difficult to juggle the October when he took the prosperity. “I don’t want to demands of Geneva with post of Geneva’s general be overly optimistic,” says industry Recently, a large those of his practice. At counsel. Kimball, Pan- will Cannon, “but I feel pretty piece of machinery broke Pillsbury, Cannon managed continue to handle local good that we’re going to down just two weeks after a large book of business- work for Geneva. make our projections and the plant had gotten a more than $1 million, For Chris Cannon, a have enough money left replacement for it. If the according to a partner. dream has come true. In his over for profit sharing for new machine hadn’t been Although he is transferring new role as a co-owner of the workers.” available, Grow says, the clients to other partners, he Geneva and its executive in Considering the hurdles mill would’have had to shut must fly to Washington?San charge of developing new Joe Cannon managed to down temporarily. “I don’t Francisco, or Los Angeles industries and joint surmount, optimism about believe it was coincidence, at least twice a month to ventures, he has found his Geneva’s survival seems completely ,” says Grow service firm business. place as an entrepreneur. justified. But then, the way From the outset, he says, “I Cannon intends to give this As for Geneva Works, Robert Grow sees it, the always knew that if we arrangement a few months Joe Cannon says sales are plant may have a spiritual worked at it hard enough,

and then reevaluate ahead of projections. The edge on the rest of the the way would open ” Elder Dallin H. Oaks

Ajreside talk given to the students and faculty and companions of the Brigham Young University J. Reuben Clark Law School at the Pleasant View Ward Chapel in Provo on February 8,1987.

had a sobering duty as a justice of the Utah Supreme Court. I had to vote to disbar a graduate of the Brigham Young University J. Reuben Clark Law School. With that action I stopped assuming that people who have had the right kind of education automatically have the right kind of moral sense. Law school is a distorting experience in many ways. No one said it better than my classmate and good friend, Roger C. Cramton, former dean of Cornell Law School, in his article “The Ordinary Religion of the Law School Classroom,” 29 J LEGALEDUC. 247 (1978). He talked about a number of value assumptions in the law school classroom and their impact on the thinking of provide an introduction to the principal message I want law students. I want to comment on three of those value to give you this evening. assumptions. Some of you may remember that when I was called Dean Cramton’s first value assumption is what he calls to the Council of the Twelve I was serving on the Utah the “instrumental approach to law and lawyering ” Supreme Court. I had authored a dozen opinions that were pending in other chambers or were just about ready to Under this approach, law is nothing more than an circulate. I had participated in oral arguments and instrument for achieving social goals. The goals are, preliminary votes on a hundred or more other cases that of course, those of the client. The lawyer need not be were pending in the chambers of the other four justices concerned with selecting goals or with the value questions on the Utah Supreme Court. Consequently, if I had associated with them because the lawyer is simply the responded immediately to the call by showing up in skilled craftsman who works out the means by which general conference, I would have been disabled as a predetermined goals are achieved. practical matter from continuing to work on those cases Having stepped across the wall between church and state, The result of this assumption reminds me of the doctor I would have had no way to get back on the other side to who told an educator that medical science would soon complete my judicial duties without being tainted in some perfect the means to sever the human mind from the rest of way, especially in a litigious environment. the body and with appropriate support systems keep the I discussed this with the First Presidency, and they brain alive indefinitely with no connection with the heart. made the decision to present my name, have me sustained, “That’s really not new,” the educator replied. “We’ve been and then tell me to stay away until I was ready to be ordained and take up my responsibilities. That is what I did. It was about three or four weeks after I was sustained in April Conference, 1984, when I resigned as a judge, ‘54 student who studies only borderline cases, went to the Church Office Building to meet for the first time with the leadership of the Church, was ordained, which by definition can be decided either way, is and began my duties During this period when I was winding up my cases, prone to generalize that there are no right answers, I had time to think about the calling in which I would spend the rest of my life. I asked myself what kind of just winning arguments.’’ apostle I would be. I took an inventory of my credentials, experience, and qualifications and compared them with the kinds of things which, in my imperfect understanding, I imagined I would be called upon to do. I asked myself, doing that in our college for years.” I am sure you can see “Throughout the remainder of your life will you be a judge what the instrumental approach, which is inherent in much and lawyer who has been called to be an apostle, or will that is done in the law school classroom, does to the value you be an apostle who used to be a lawyer and a judge?” sensitivities and the value orientations of the budding There is a very large difference between those two. lawyer. There are reasons for this instrumental approach, I knew how to do some of the things that I would be called even sound pedagogical reasons. But anyone exposed to it upon to do. I thought that my legal experience might be needs to be alert to its evil consequences on our moral and called upon in some way. 1 knew about committees; value sensitivities in order to be inoculated against them. I knew about personnel; I knew about public affairs. I also Cramton states his second point as follows: knew a little bit about human nature in general and myself in particular. I was sure that we all have a tendency to The skeptical attitude toward generalizations, principles, focus our efforts on those things that are familiar and and received wisdom- desirable attribute for some easy-where we feel at home. We are repelled by those purposes-inclines the student toward concluding that things that are unfamiliar and difficult. principles are meaningless and values are relative. The most important parts of my caliing-the only parts [Zd. at253.1 that are really unique in the service of the Lord-were those parts that I knew nothing about-those parts where I Dean Cramton’s third assumption is that the law school would have to start all over at the beginning, I knew that if classroom serves up a steady diet of borderline cases with I concentrated my time on the things that came naturaliy scarcely any mention of routine legal problems of easy and the things that I felt qualified to do, I would never be solution. “Although there are sound pedagogical reasons an apostle. I would always be a former lawyer and judge for this approach,” he maintains, “it does have the side I made up my mind that was not for me. I decided that I effect of contributing to skepticisms about values. would focus my efforts on what I had been called to do, A student who studies only borderline cases, which by not on what I was qualified to do. I determined that instead definition can be decided either way, is prone to generalize of trying to shape my calling to my credentials, I would that there are no right answers, just winning arguments.” try to shape myself to my calling. Id. at 255. Those observations from Dean Cramton Each of us brings a set of qualifications to whatever

12 we are called to do. We can shape our callings to Nicholson was a disciplinarian who got them to build it our qualifications or we can try to shape ourselves to our right. He had the engineering skills to design and build a callings. I mention this because it is not only a challenge to bridge that was unbeatable for its purpose, and he did so. each of us in church service, but it also has something The small commando team arrived at the jungle site and to do with the professional performance of lawyers. prepared to blow up the bridge. They monitored the Does training in the law dull one’s sense of justice, or construction from their observation post in the hills above one’s moral and ethical sensibilities? Does it matter what and from their frequent infiltration into or near the camp. clients and causes we serve with the skills that we have Colonel Nicholson and his prisoner workers completed developed? the bridge. The ceremonial first train was approaching. You are in training for a noble profession, which our The charges had been planted to blow it up, which the society could not do without. It has served humanity ably, commandos planned to do just as the initial train crossed responsibly, and effectively throughout my lifetime and the bridge. A wire had been strung from the explosives to a for many lifetimes before me. But the whole system of law detonator some distance away so that a visual observation and the legal profession can be corrupting if we do not could determine the exact time to bring the bridge down. understand all of it. When you are busy learning the The train was puffing up with a whole load of enemy ins and outs of it, it is probably timely to remind you of troops, generals, dignitaries, ammunition, and all the the potential corruption of it. It can be corrupted. stores-the initial cargo over the bridge on the River Kwai. Shears, one of the commandos, whispers, “Nothing can stop us now. Fate has no more tricks to play. The train will surely be here in twenty minutes” (p. 203). He scrambles down from the observation post to get a little hen I considered prayerfully what I could closer to the action. say to you about this subject and about my Colonel Nicholson inspects the bridge and is satisfied deep concernsW for the fundamental integrity of those who that it’s technically excellent. The author gives a long, study and practice law, I had an inspiration to recall the loving description of this military engineer’s pride in his story of The Bridge over the River Kwai . I saw the movie professional craftsmanship. Then Nicholson sees the many years ago, but I had never read the book. I found wires. The level of the river has dropped over night, and a copy in a used-book store. As I studied it, I found the example I sought to illustrate my point. The principle is a very simple one. The story told in the book is not a true one, but it is The most importantparts of my calling-the only parts based on a true setting: World War I1 in Southeast Asia where the Japanese took about 60,000 prisoners from that are really unique in the service of the Lord-were the British, Australian, Dutch, and American forces that were guarding the various bastions of their nations. Five hundred of these prisoners, according to the tale, those parts that I knew nothing about-those parts where wound up in a camp on the River Kwai in the jungles on the border between Burma and Siam (now Thailand). The I wouM have to start all over at the beginning. Japanese desired to build a railway linking their great seaport at Singapore with the Bay of Bengal. There was great military significance in having a railway that could take the ship traffic that came through sheltered sea lanes wires to the detonator, that should have been under water, to Singapore and move it overland to a point where it could are exposed. He runs down the bank calling for the be put to military use against the Allied forces in India. Japanese colonel who commands the prisoner-of-war So it was that the Japanese in the story began to build camp to come and see. They stand at the water’s edge near a railroad hundreds of miles in length between Singapore the unbelieving commando, Shears, who is hiding in the and the Bay of Bengal. A major obstacle was the River weeds. Shears runs out with his knife and kills the Kwai-a large stream in a chasm over which a great bridge Japanese Colonel. He has been trained to do that work had to be built. The Japanese constructed a prisoner-of- quickly, and he does it. Colonel Nicholson stares at him, war camp at this site that held 500 prisoners. By luck, unbelieving, as the train chugs forward to the bridge. Colonel Nicholson, the British colonel and senior military Shears throws off the lifeless body of his enemy, officer in that camp, was an experienced engineer. climbs up the bank to Colonel Nicholson, and introduces Colonel Nicholson’s bridge building came to the himself: “British officer, sir! Force 316 from Calcutta. attention of Allied intelligence in India For very Commandos. Orders to blow up the bridge .” understandable military reasons, they assembled a “Blow up the bridge?’ Colonel Nicholson asks, still not commando force to go and blow up that bridge. As the understanding. It takes a little while for him to realize what story goes forward, we see the commandos planning the is happening. When he finally understands, he shouts, raid and the prisoners, under Colonel Nicholson, building “Help!” at the top of his lungs. The Japanese guards come the bridge. running (p. 215). TheJiZm has a happy ending. Colonel

13 Nicholson falls across the detonator, the bridge goes up, needs representation. I am not here to argue with the and the train crashes in the gorge The book is not that way adversary system. But I am here to say that the same kind at all. The train gets across the bridge. There is a small of reasoning (or lack of it) that totally obscured the vision charge on the other side of the bridge, and it blows of Colonel Nicholson can have and has had its morally the train off the track, Two cars fall in the river, but the deadening effect on lawyers. I could even name names. bridge is left standing All the commando raid really They are people I knew many years ago when I was accomplished was to create a very large diversion and to serving as a foot soldier in some large litigation wars and kill a few of the enemy. pill of the commandos lost their saw the seamy underside of legal conflict that is rarely lives, except one man who made his way back to report. visible to those who sit on the appellate bench or work in a In a conversation with his superior officer in India, he complains that Colonel Nicholson did not understand what was going on. And Shears, the commando with the knife at the water’s edge, did not understand what was I am here to say that the sume kind of reasoning happening either, The surviving commando laments: (or lack of it) that totally obscured the vision of Colonel He should have been more perceptive, more discerning. Then he would have understood that in our job it’s no good Nicholson can have and has had its morally deadening cutting any old throat. You’ve got to cut the right throat. Isn’t that so sir? effect on lawyers. I could even name names. More insight, that’s what he needed, then he would have known who his enemy really was, realized it was that old blockhead [Nicholson] who couldn’t stand the idea of hisjne work being destroyed. A really perceptive mind law school classroom. If you are not aware, you will be would have deduced thatffom the way he strode along the sometime. All of this has a lot to do with legal ethics. platform. I had my glasses trained on him, sir, if only it It has a lot to do with morality. It has a lot to do with what I had been a rifle! He had the sanctimonious smile of a hope is a suitable antidote for the worthy but distorting conqueror on his lips, I remember. A splendid example of concentration on craftsmanship that is part of what Dean the man of action, sir, as we say in Force 3 16. He never Cramton called the “ordinary religion of the law school let misfortune get him down, always made a last effort. classroom .’’ It was he who shouted to the Japs for help! . . . Some words of Alexander Solzhenitsyn provide He had a highly developed sense of duty and admired a a takeoff on the final subject I wish to mention before job well dune. He was also fond of action-just as you are I conclude. sir, just as we all are. This idiotic worship of action, to which our little typists subscribe as much as our greatest Western society has given itself the organization best generals! I’m not sure where it all leads to, when I stop to suited to its purposes, based, I would say, on the letter of think about it. I’ve been thinking about it for the last the law. The limits of human rights and righteousness are month, sir. Perhaps that silly old fool was really quite a determined by a system of laws; such limits are very decent fellow at heart? Perhaps he really had a genuine broad. People in the West have acquired considerable skill ideal? An ideal as sacred as our own? . Perhaps . . in using, interpreting, and manipulating law, even though the same source that provides the impetus which lies laws tend to be too complicated for an average person behind our own activities? That mysterious atmosphere in to understand without the help of an expert Any conflict which our natural impulses stir us to the point of action is solved according to the letter of the law and this is Looking at it like that, perhaps the “result” may have no considered to be the ultimate solution. If one is right from meaning at all-it’s only the intrinsic quality of the efSort a legal point of view, nothing more is required, nobody that counts. [Pierre Boulle, The Bridge over the River may mention that one could still not be entirely right, and Kwai , trans. Xan Fielding (New York: Grossett & Dunlap urge self-restraint, a willingness to renounce such legal Publishers, 1954), pp. 145-46.1 rights, SacriJiceand selfless risk: it would sound simply absurd, One almost never sees voluntary self-restraint. I Everybody operates at the extreme limit of those legal frames. . . I have spent my life under a communist regime and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society do not know of a better example of the with no other scale but the legal one is not quite worthy glories of a technical job well done- of man either. A society which is based on the letter of the craftsmanshipi in the face of enormous adversity-and law and never reaches any higher is taking very scarce the hazards of ignoring whose cause you are serving advantage of the high level of human possibilities. by your blind craftsmanship, than this homely little The letter of the law is too cold and formal to have a adventure play. bene$cial influence on society. Whenever the tissue of life I am not here to argue against the fact that everybody is woven of legalistic relations, there is an atmosphere of

14 moral mediocrity, paralyzing man’s noblest impulses. I’m not trying to make this advice easy by telling you [Alexander Solzhenitsyn, “A World Split Apart,” who your clients should be. But I am suggesting that there Commencement Address Delivered at Harvard University, is a large world of causes out there and that while one little June 8,19781 piece of representation doesn’t make one of those causes, a succession of representations of a particular character From those words I will skip over to others written can add significantly to a mosaic and amount to a pattern. recently in Chronicles , a publication of The Rockford I am asking you to think about that, and I’m also asking Institute, by the director of Corporate Communications you to think about what kind of rewards you want from the for Walgreen’s. practice of law. Ask yourself whether those rewards amount to the reward of getting or the rewards of serving Businesses of every kind are much enamored these days and becoming. with the demanding ideal they call the “pursuit of The Apostle Paul said “set your affections on things excellence.” Devotion to this pursuit is so widespread above, not on the things on the earth” (Col 3:2). He wrote as to qualify as a form of “natural religion” to which to his young companion Timothy to withdraw from men everyone can pay homage without the snickers that of corrupt minds, “destitute of the truth, supposing that accompany talk of things divine. [Mammoser, gain is godliness” (1 Tim 6:5) What a sermon there is in “Letter from Corporate Headquarters ,” Chronicles, those words “supposing that gain is godliness .” That is a Jan. 1987, at 38.1 lesson not learned by many, not understood or accepted by many in this church today, including a few in the The pursuit of excelience about which we hear so much is profession for which you are in training very closely related to the worship of self and the worship In the parable of the sower, in the 13th chapter of of technique illustrated in The Bridge over the River Kwai Matthew, the Savior taught that certain seeds, representing I continue the quote: the word of God, fell among the thorns. In explaining this parable later to his apostles, he said that this represented The professional person is powerfully motivated today by the word that went to people who were caught up in the the search for excellence. Let us hope that search can cares of the world and the deceitfulness of riches, which transcend the desire to just have more and extend to choke the word and render it unfruitful.

“being more.” The true pursuit of happiness involves a personal- moral-as well as a professional effort And if that man or woman is receptive to the Judeo-Christian tradition he or she realizes that the rewards of this effort [that is the effort to be more not just to make more] are y brothers and sisters, this is an exciting imperishable. [Id. at 39.1 time of your life. Poor though you may be, richm you are and will be. The kind of riches you will It may seem a strange thing for me to make such gain depends on what you put into your head now in the a plea to students, my brothers and sisters who are way of priorities, more than what you learn in the way of essentially poverty stricken. But if you don’t think techniques and professional craftsmanship. What you have seriously now about being more, not just making more, in the way of priorities to guide your skills is of eternal husbands and wives are likely to make so many promises significance What you have in terms of technical skills is to one another that the fulfillment of those promises is going to be outdated when you draw your last breath. going to bend the lawyer out of shape in the formative I know that the gospel is true. I know that this Law years of his or her practice of law. And once you are bent School is pleasing to our Heavenly Father. I was close out of shape in the legal profession, it is very difficult enough to the current of inspiration in the founding of this to get straightened out again. Law School to have my heart tingle I know that it serves There are a lot of hard choices ahead of you in a purpose. And I am positive that the purpose is not determining what bridges you will build. I suggest that pecuniary. Though I do not understand what it is, I know the books you use to tell you how to build a bridge are not well what it is not. It is not to augment the tithing revenues going to tell you who to build it for, or in whose cause of the Church. It is to serve that end the Savior described you will spend your professional qualifications. when he said, “Lay not up for yourselves treasures upon I surely do not want to be understood as saying that earth, where moth and rust doth corrupt and where thieves you shouldn’t represent a criminal defendant I need break through and steal; But lay up for yourselves to tell you that the client who gave me the greatest personal treasures in heaven, where neither moth nor rust doth satisfaction was a young Polish boy whom the Supreme corrupt and where thieves do not break through nor steal” Court of Illinois appointed me to represent in his appeal to (Matt. 6:19-20). that court. I lost the appeal seven to nothing and May God bless you to remember that admonition acknowledged the result as just. But I had a great deal throughout your Professional preparation and practice, more satisfaction in helping that young man have due is my prayer, which I offer as I bear my testimony to you process of law than I had representing some prestigious of Jesus Christ, the light and life of the world. In the but sometimes quite underhanded corporate clients. name of Jesus Christ, amen.

15 The Study and Practice of THE LAWS OF MEN IN LIGHT OF THE LAWS OF GOD

Elder James E.Faust

I AM HUMBLED by the presence of some of the distinguished members of the Law School faculty. As you would suppose, they are carefully chosen, even invited to this faculty, not only on the basis of what they know, but what they are. This faculty is competent and unique. Sister Faust and I have been grateful for and impressed by what this faculty has been able to do for two of our sons. At the beginning I apologize to you because I will be drawing from my own experience. This is the risk you take when you invite an old, broken-down lawyer to speak to law students about the law. Even those who do not “suffer fools gladly” have to put up with such reminiscing in these circum- stances (1 Cor. 11 : 19). Someone paraphrased General McArthur’s statement, “Old soldiers never die, they just fade away,” to “Old lawyers never die, they just lose their appeal.” I hope that what I say of a personal nature will not be too subtle. President Hugh B. Brown told us of a lawyer who received an unfavorable ruling from the bench in one of Canada’s dominion courts. He reacted by turning his back on the judge. The judge asked: “Are you trying to show your contempt for this court?” The lawyer answered: “No, my Lord, I am trying to disguise it.” Some time ago, Dean Bruce Hafen invited me to speak to you concerning a fundamental purpose for establishing the J. Reuben Clark Law School at Brigham Young University. My great respect for this school, as well as my gratitude for our system of law, encourages me to do so. My mentor,

Dean Wm. H. Leary ? a devout Catholic , taught us that a fundamental purpose of going to law school was to learn to think straight. He also taught us that our fundamental rights came from God himself.

A$reside talk given to the students and faculty and companions of the Brigham Young University 1.Reuben Clark Law School at the Pleasant View Chapel in Prow on November 22, 1987.

THERE NEED BE NO CONFLICT BETWEEN WHAT THE SAVIOR HAS TAUGHT THROUGH THE CH JRCH AND WHAT YOU DO AS A PROFESSIONAL LAWYER INDEED, IF YOU ARE CAREFUL ABOUT OBSERVING THE MORAL STANDARDS THAT THE CHURCH REPRESENTS, YOU WILL STAND OUT IN YOUR PROFESSION.

I wish to address a principle that President Marion G law, all members of the bar had the duty to give every Romney announced at the dedication of the J. Reuben person charged with a crime the best defense they could Clark Law School This principle is that students at this under the law, without charge. There were no public school should study the laws of man in the light of the laws defenders nor public defense funds. We did not enjoy the of God. I should like to enlarge this to the study and luxury of patting ourselves on the back for doingpro bono practice of the laws of man in light of the laws of God work. We were obligated to We had no choice. In the I alert you that if you practice law you must be prepared federal courts the clerk would start down the alphabetical to answer people who ask how you can be a good member roll of the Utah Bar, assigning common criminals to be of the Church and a lawyer. This question stems not only defended by the next name to come up, be he the senior from misunderstanding but also from the fact that the law member of the bar with the highest Martindale-Hubbel and lawyers are generally controversial, and many of our rating in the largest firm, or the most penurious, newly court and administrative proceedings are adversary in admitted member It was an aggravating chore but nature The Prince of Peace did not advocate controversy, a noble effort but he was involved in it The adversary system, imperfect In one of my early appointments as defense counsel, as it is, has evolved as the best means of extracting the I appeared before our venerable ninety-year-old federal truth out of controversy. Is not truth to be sought above judge, Tillman D Johnson. I was appointed to defend a other virtues? young man charged with taking a stolen motorcycle across Lay people will ask how you reconcile your religious state lines As we approached the bench, Judge Johnson, convictions with being an advocate for a “criminal” or a whose eyes were dimmed with age, said: “Which one of “crook.” Many forget the fundamental principle that you is the accused?’ people are presumed innocent until convicted. I sincerely The canons of ethics and the rules of court with which believe that no committed member of the Church who is you must be familiar are helpful rules of conduct to abide trying to keep the laws of God needs to compromise his or by, but I have always believed that they are the lesser law her religious and moral convictions in the practice of law. An attorney’s own careful conscience and his own The canons of ethics, with which I hope you will become standards of high integrity ultimately ought to govern his fully acquainted, support and are in harmony with the conduct. This is particularly true of the graduates of this moral teachings of the Church These ethical standards law school, most of whom are conversant with and have fully encourage many of the moral principles of our taught and tried to live in accordance with the laws of God Church, specifically those high standards of honesty, This is all in harmony with scripture: “He that keepeth the integrity, loyalty, truthfulness, and sincerity laws of God hath no need to break the laws of the land” In my opinion there need be no conflict between what (D&C 58:21). the Savior has taught through the Church and what you do I direct your attention to the first general epistle of as a professional lawyer. Indeed, if you are careful about John, chapter two, verse 27: “But the anointing which ye observing the high moral standards that the Church have received of him abideth in you, and ye need not that represents, you will stand out in your professions Sir any man teach you: but as the same anointing teacheth you Thomas More did. Although he was beheaded, he fitted of all things, and is truth, and is no lie, and even as it hath

well the description of Job, “a perfect and an upright man, taught you, ye shall abide in him ” one that feareth God, and escheweth evil and . . . I think you can rely on those two verses to help you holdeth fast his integrity” (Job 2:3) The great lawyers I make moral decisions I do not think, however, you can have known have also had great souls. rely on them to teach you the rules of law Do not expect As an advocate, in a large measure you can establish the your professor, who may be a high priest, to concentrate moral tone of the case by your own integrity Because you his lessons out of the scriptures, although occasionally he represent someone who has allegedly done something repre- may wish to do so. His obligation is to teach you the hensible, it does not mean that you approve of that conduct. secular rules of civil and criminal law and matters that You will have more choice in whom you represent than relate to them, such as procedures. Your obligation is to did the lawyers of my era When I began my practice of learn the rules of law and related matters. The whisperings

18 I MUST CONFESS TO YOU THAT I DID NOT FIND MUCH SATISFACTION IN REPRESENTING THE LARGE, SOULLESS CORPORATIONS WITH THE DEEP POCKET; I FOUND MORE PLEASURE HELPING JUST COMMON FOLKS WHOSE PROPERTY AND SAVINGS MAY HAVE BEEN AT RISK. of the Holy Spirit will no doubt help you, but you must and with better feelings than a judge who, hearing the learn the rules of law, using Churchill’s phrase, by “blood, matter for the first time, has to decide for or against one sweat, and tears.” There is an old Portuguese saying, or the other “Deus ajude 0s gue trabalhe” (God helps those who How do you reconcile your involvement in litigation work). Just having a good heart does not get the job done. with the Savior’s Sermon on the Mount? May I now be more specific in terms of reconciling the I should like to quote Arthur Nielsen, learned and laws of God in terms of having to live under the laws of experienced trial lawyer, currently special counsel to man. I have always felt that the law could be a truly noble Brigham Young University in Jerusalem: profession. That belief stems in part because the Savior is our advocate with the Father (D&C 110:4). That means I do not believe that Jesus was trying to abrogate the everyone at times, in the broad sense, is entitled to or principle of justice in our society. He was endeavoring to needs an advocate eliminate injustice If a person has done another an I will confess to you that, when E say my personal injustice so that the Latter has to sue him at the law to prayers, I do not ask for justice, I ask for mercy. Since the obtain justice, the offender should do more than merely Savior is our advocate with the Father, then everyone is pay that which is due; . . he should give his rloak also entitled to justice: to have wrongs righted and, if truly rfa person smite thee on thy right cheek, do not retaliate repentant, to have a generous portion of mercy mixed in with an aggressive blow, but show forth compassion That is my answer to the question of how can a lawyer rather than hostility But where efforts of conciliation or represent “guilty” people If the guilty are not entitled to reconciliation or compromise are not productive, we an advocate, who then will be entitled to intercession should not refuse to champion the cause of justice to before the judgment bar of God? institute the proper legal action or to defend against the Of course, you can limit your practice to commerce and possible injustices being done. [Private letter] set yourself up as judge and jury, thus staying above the hear-breaking and the heart-rending matters that people This philosophy is in harmony with direction given in bring into law offices You can justify your conduct by Section 134 of the Doctrine and Covenants: saying to yourself, “This person is not worthy of my help ” I must confess to you that, during the 20 years when I We believe that men should appeal to the civil law for served as bishop or stake president and practiced law redress of all wrongs and grievances, where personal in a small office, I did not find much satisfaction in abuse is irgicted or the right of property or character representing the large, soulless corporations with the deep infringed, where such laws exist as will protect the same, pocket; I found more pleasure helping just common folks but we believe that uli men ure justified in defending whose property and savings may have been at risk. They themselves, their friends, and property, and the came into the office distraught and anguished. After they government, from the unlawful assaults and encroach- were told, “I think we can get this matter straightened ments of all persons in times of exigency, where immediate out,” they were greatly comforted appeal cannot be made to the laws, and relief afforded While the time of the sole practitioner may about be [D&C 134: 1I] gone, I still believe that you can be a good lawyer, have a good life, serve your church, your family, and your And I now move to another important subject. community, and not be a member of a large, prestigious Members of this Church, professional and otherwise, law firm.Certainly you will have more independence and have a balancing act to perform. How much time and a more moderate lifestyle. effort should be devoted and dedicated to one’s temporal An attorney is a counselor To help a client sort out the calling as against the responsibility to one’s family and the risks, exposures, and choices is a great service. Litigation Church? This depends in part on what make of car we wish itself is costly, hazardous, and often should be the last to drive, how large a home we wish to live in, and how big resort. Two attorneys of integrity and good faith can of a bank account we wish to enjoy. In my life my family often negotiate a solution to difficulties with a better result and my Church callings came first. We lived carefully, and

19 ONE OF YOUR CHALLENGES WILL BE TO MAKE THE ECONOMIC REWARDS YOUR LAST CONSIDERATION RATHER THAN THE FIRST.

I tried not to become obsessed with financial gain These that you can always state your position and leave it up to conflicting interests were accommodated and, as I told the other party to identify his (or hers]-without ‘educating’ President Holland recently, if I had to do it over, I would him [or her] as to what it ought to be. An attorney should do it the same way. Large overhead, new technology, avoid making any statement or refuse to make an answer I suppose, require shockingly high billings for legal unless he is prepared to state the truth. [Private letter] services. This means that some deserving people will not be able to afford your services. One of your challenges There is a great risk in justifying what we do will be to make the economic rewards your last individually and professionally on the basis of what is consideration rather than the first. “legal” rather than what is “right.” In so doing, we put aur President Henry D Moyle of the First Presidency, who very souls at risk The philosophy that what is “legal” is had been one of the more successful attorneys of this state, also “right” will rob us of what is highest and best in our gave me some advice as I started to practice the law. He nature. What conduct is actually “legal” is, in many said, “Don’t worry too much about the money If you take instances, way below the standards of a civilized society care of your office, it will take care of you.” More than and light years below the teachings of the Christ. If you once I had clients pay me more than I asked and billed. accept what is “legal” as your standard of personal or I like to think that I was more interested in them and in professional conduct, you will rob yourself of that which is solving their problems than I was in their money I really truly noble in your personal dignity and worth. You can be could not do otherwise in many cases because their little just as tough as you want as an advocate, but you must businesses they had struggled with, their homes, their never, never lower your own integrity To do that, you futures, and their good names, were in my hands. have to keep in control of yourself, your emotions, and Young attorneys often feel that they must win all of your feelings at all times, particularly in the heat of battle. their cases. I am afraid I once wished that I could have Judge David R.Winder of the United States District won them all, but it does not work out that way Trying to Court for Utah recently told some admittees to the bar: win at all costs can be fatal in the long run. It will certainly ruin your career and irreparably damage your reputation. The expedient or short-sighted lawyer who fails tofulfill As you become more experienced as a counselor, you will verbal understandings with other lawyers, who presents learn that you do not have to win all your cases. Because dubious evidence, who deals loosely with the record, or of the law and facts, some cases just cannot be won, but who misleads judges, is quickly “pegged.” In our bar and a good defense in such cases can result in more justice. every bar there are certain lawyers who achieve the All you have to do is your best If you are at ease with enviable andpriceless status of a good name That Status this philosophy, you will be more successful than if you is developed gradually by word of mouth,from judges in operate under the theory that every case must be won. the privacy of their gatherings and from lawyers in theirs. Settling cases is a noble art. This is also an area where And, unlike the litigation you will be handling, be aware integrity can be lost through deception. Again I quote my that once the verdict of your professional peers is in there friend Arthur Nielsen. is noformal “dueprocess,” no rebuttal and no appeal from that verdict. [Judge David K. Winder, Utah State The uttorney should at all times be honest, truthful, and Bar Speech to Admittees for October 6, 19871 not attempt to deceive the court on either the Law or the facts or conceal that which should be disclosed. An How do you study or practice the laws of men in the attorney should also avoid deception when dealing with light of the laws of God? You must keep your own soul; another attorney Frequently, when negotiating with you must not give it away. You must not compromise; another attorney, one may be tempted to lie or conceal the by all means you should not sell it I wish to testify that the truth. Although an attorney may be under no obligation to sponsoring institution of this law school is the Church of disclose facts to his opponent,he should not knowingly Jesus Christ. This is my testimony I pray that the Lord allow the other party to deal with him under the mistaken will bless you in your studies and activities so that you knowledge of what the facts are Some attorneys have said may do good upon the earth and render service to your that this is too much of an altruistic condition, but I feel fellowmen. In the name of Jesus Christ, amen.

20 Letter from the Dean both alumni and nonalumni lawyers, held its first meeting in Provo on October 7, 1988. We are already assembling the material needed to publish a national professional directory of ith this issue of the Clark Memorandum, we Law Society members. Lawyers in various cities around the welcome a much larger circle of readers-the country are beginning to think about local chapters of the expanding membership of the J Reuben Clark Society, which may conduct annual dinners and sponsor Law Society, many of whom are not alumni of the other local professional activities BYU Law School. A thoughtful and tasteful publication is an important Within the past year, the faculty and administration of the element in a high quality, professional, and nationwide Law School have been talking at length with their alumni organization of this kind. The Clark Memorandum seeks leaders and with leaders of the bar in various parts of the to fill that need. It will henceforth become the official country about creating a national organization for lawyers publication of the J. Reuben Clark Law Society, and will who share an interest in BYU and an interest in the be distributed to Society members two times a year The professional aspirations for which the name of J. Reuben Memorandum will continue to feature information about the Clark stands. The response to these conversations has been Law School and the activities of faculty and alumni, but will widespread, strong, and affirmative. also share stories and ideas of interest to all lawyers who share The events of last November brought together several the professional and personal aspirations for which the Law elements in that response, suggesting what such an School and the name of J. Reuben Clark stand. Two articles organization might look like: On November 16, 1987, in in this issue especially illustrate such material-published Washington, D.C., fifty alumni from the Law School were versions of memorable talks given to our law students sworn in as members of the Supreme Court Bar (See story over the past two years by Elder James E. Faust and on p. 22) That same evening, these relatively young lawyers Elder Dallin H. Oaks, members of the LDS Council of (all graduated since 1976, the year of the Law School’s first the Twelve Apostles graduating class) had dinner with more than 200 other I am genuinely enthusiastic about the creation of the Law Washington-area lawyers and their guests Society This immediate broadening of the Law School’s base The dinner was planned by a committee composed of of friendly support (call it “instant alumni”) offers a senior both Law School alumni and nonalumni attorneys interested level of advice and financial reinforcement that compares in the Law School In addition to featuring remarks by Rex favorably with the alumni organizations of the nation’s oldest Lee, the dinner honored the memory of the late Jim Reese, and finest law schools. We encourage nonalumni Society a relatively young attorney from northern Virginia whose members to continue supporting the law schools from which life represented an exemplary balance of public service, they obtained their own degrees. But by means of their professional achievement, and religious commitments. additional support, the Law School at BYU can seriously I also announced at the dinner the creation of the sustain its upward climb toward being one of America’s most Hugh W. Colton Professorship in Law (see story on p 27), influential and respected schools of law. As it does so, an endowment of several hundred thousand dollars made I believe that increased stature will reflect favorably upon possible primarily by members of the Washington “prototype each member of the Law Society, including our own alumni. chapter” of the J. Reuben Clark Law Society. Moreover, one nonalumni lawyer who was present at the dinner but otherwise wishes to remain anonymous sent the Law School a $50,000 contribution as the direct result of his participation in that day’s activities. This evening was so successful that a second annual Washington event was planned on October 14, 1988, with Elder Dallin H. Oaks as featured speaker. We announced the funding of a new professorship named for the late Robert W. Barker, a prominent Washington, D.C., lawyer and former president of the Washington, D.C., LDS One nonalumni lawyer put it this way: “Because my temple. colleagues know I am a committed Mormon, my professional We will continue to have a national alumni organization, reputation and the reputation of the BYU Law School are organized primarily around representatives within each deeply intertwined, whether either of us likes it or not.” graduating class, who will help plan class reunions every five Further, and of equal significance, the Law Society will years and sponsor other activities, such as the first annual create a vehicle for communication and interaction among a alumni dinner in Salt Lake City on October 7, 1988. Our group of lawyers who, like J. Reuben Clark himself, seek in national alumni chair is Val Christensen, a partner in their professional attitudes and in their personal lives to serve LeBoeuf, Lamb, Leiby & MacRae in Salt Lake. others through the grand profession of law. We need mutual In addition, Ralph Hardy, apartner in Washington’s Dow, reinforcement for those aspirations these days-I think the Lohnes & Albertson and a graduate of Boalt Hall, chaired the J. Reuben Clark Law Society will help provide it. first Washington dinner and will now chair the National Board More information about membership in the Society will of the J Reuben Clark Law Society. This board, made up of be forthcoming soon. -Bruce C.Hafen

21 MEMORANDA

22 MEMORANDA

These Are most frequently as he travels admittee Following the the restructuring of the around the world on behalf motion by Professor Lee, J. Reuben Clark Law My Students of the university. People Chief Justice Rehnquist Society to encompass not casually ask him, “How is addressed the admittees and only graduates of the r. Chief Justice, BYU?” He responds that the discussed the meaning of J Reuben Clark Law members of the answer to this question is membership in the Bar of School, but all lawyers Court. . . these not determined on the the United States Supreme with a special interest in are my students .” With this campus in Provo, Utah, but Court. At the conclusion of the school’s success. More introduction, Professor Rex is answered by the graduates his remarks the entire group than 250 people were E. Lee, founding dean of around the world who are took the oath administered in attendance. the J Reuben Clark Law using the education they by the clerk of the Court During the course School and former solicitor obtained at the Y Citing the In addition to family of the dinner Dean Hafen general of the United States, assembled Law School members and guests of the announced the creation of moved the admission of fifty graduates as a prime admittees, the ceremony a new professorship at the graduates of the Law School example, he discussed was witnessed by President Law School that is of to membership in the bar the service being performed Jeffrey R. Holland, Dean special interest to lawyers of the United States in secular and church Bruce C. Hafen,”Associate in Washington, D .C . The Supreme Court on responsibilities by BYU Deans J Clifton Fleming professorship honors Hugh November 16, 1987. graduates. and H Reese Hansen, W. Colton, who currently The group admission President Holland Assistant Dean Claude practices law in Vernal, to the Supreme Court concluded his remarks by Zobell, and Professors Utah. Mr Colton was culminated the Law expressing his personal joy Stanley Neeleman and a cofounder of the Marriott School’s celebration of the inmeeting with a group of Constance Lundberg from operations. After a short bicentennial of the United lawyers from all over the the Law School Professor period of time, however, States Constitution. The country in a religious Lundberg had been admitted Mr. Colton decided to celebration was initiated setting Seeing a group as a member of the Supreme return to Utah to practice earlier in the year with a of lawyers who share a Court Bar on Rex Lee’s law and sold his interests to special lecture by Margaret common bond and com- motion earlier in the day. J Willard Marriott. Bush Wilson, former chair mitment indicates why the After concluding the Mr Colton’s son Sterling of the board of directors of Board of Trustees of the appearance before the is currently general the NAACP and a member university decided to create Supreme Court, the group counsel for the Marriott of the school’s board of Law School, he said reassembled in an Corporation, and two of visitors The celebration The following morning Appropriations Committee Mr. Colton’s grandchildren, included other lectures the graduates and their hearing room in the Dirksen David Colton and Carolyn presented during the course family members or guests Senate Office Building for Colton, are graduates of of the year by noted met in an elaborate lunch Graduates told of the Law School constitutional scholars, conference room at the their current involvement in In announcing the federal judges and state Supreme Court to prepare practice and enjoyed creation of the new court judges. for their court appearance becoming reacquainted professorship, Dean Hafen Alumni of the Law The Court’s admissions While the graduates were explained that a profes- School traveled from all clerk amused the group by meeting together, Dean sorship provides funds to parts of the country to informing them that they Hafen and Professors enhance the academic participate in this excep- were to leave their clothes in Neeleman and Lundberg climate at the Law School. tional experience. The the conference room while hosted a placement Through enhanced support group met together for they were appearing before luncheon at the Hay-Adams provided by professorships, the first time on Sunday the Court. She quickly Hotel for Washington, selected faculty members of evening, November 15, and corrected herself and D.C., law firms interested the Law School can devote toured the visitors center at requested that coats only in recruiting BYU law their time and resources the Washington, D C. , be left behind. students. to scholarly pursuits and the Temple Following the tour The Court had made On Monday evening the development of teaching the alumni and their spouses special arrangements for the group of new admittees excellence. Unlike an and families, traveled to the BYU group to appear at the joined with the members of endowed chair that provides McLean Virginia Stake bar after the first admission the Washington, D.C , an additional faculty posi- Center for a special fireside motions for the day had chapter of the J. Reuben tion at the Law School, with Jeffrey R. Holland, been completed Professor Clark Law Society for a a professorship augments a president of Brigham Young Lee stood at the podium in reception and dinner held at position already funded University. front of the Court and read the Washington Marriott by university sources. President Holland related the name and the state of Hotel. This special dinner The Washington, D,C., the question he is asked admission for each marked the first step in chapter of the Law Society

23 MEMO ANDA

also honored a northern being presented; this is the understood from a Civil War president who Virginia attorney who had only opportunity for the perspective which looks prayed for a united people. recently been killed in an lawyers to divine the backward. And it whispers on the steps airplane accident. On behalf thinking of the members of I was one of fifty BYU of his memorial where a of her deceased husband, the Court. According to alumni who became century later, with 200,000 Mrs. James M. Reese Lee, any “ball advancing” members of the Bar of the others listening, a black received a memorial plaque that occurs during oral United States Supreme man spoke of a dream of presented by Bill Ingersoll, argument will develop Court in a special ceremony equality for his people that senior partner in the law during the question portion, sponsored by the J. Reuben that peaceful Kentuckian firm of Ingersoll & Block not during a formal Clark Law School in had earlier borne. and a member of the statement made by the November 1987. I par- One cannot search the planning committee for lawyer. For this reason, ticipated in that event not scenes of Washington, the dinner. Mr Reese had preparation for argument simply to accomplish mem- D.C , without reverencing been actively involved in should include development bership in that prestigious the noble principles of numerous legal, civic, and of answers to potential bar As a charter class democratic government that Church activities and questions. member of the J. Reuben made Americans a people represented the type To illustrate this point, Clark Law School, I had and sustain us as a nation. A of lawyer that BYU Law Professor Lee related a taken part in the establish- bronzed figure of Thomas School aspires to train, personal experience. Before ment of a school which from Jefferson encircled by Professor Rex E. Lee appearing before the Court, its earliest inception was inscribed walls of his delivered the keynote he was impressed to take thought to hold a unique most famous writings- address of the evening. another look at the Harlan destiny. Along with including excerpts from Speaking to the new dissent in Flust v. Cohen everyone else at the the Declaration of admittees to the Supreme Rather than do so, he beginning, I lived through Independence-proclaims Court, Professor Lee finished fixing his pants and those early days of the Law those noble principles discussed the three combing his hair. During School’s existence from a Thousands of American obligations that membership the questioning portion of perspective which could soldiers’ graves and the in the Bar of the highest his argument one of the only look forward. It was eternal flame honoring John Court in the land entails. justices asked him about the not possible to look back at F. Kennedy at Arlington First, attorneys dissent in Flust. Lee the school’s history and National Cemetery silently practicing in the Supreme “winged” a response. Later understand its destiny at that speak the principles. The Court of the United States he took a closer look at the point. But in Washington, deep, black-granite line of have an ethical obligation to dissent and discovered that D.C , in November 1987 more than 58,000 Vietnam make proper use of amici it would have been a home one could look backward, names across from three briefs, according to run ball, The day was not see history, and maybe servicemen in bronze Professor Lee. These briefs a total loss, however, as he begin to understand. echoes the principles are designed to provide the received many compliments Perhaps there isn’t a Choice. Individual worth court with differing points on how well his hair was more fitting setting to gain The value of life. And of view, not as tools to combed and how nice his perspective about the more Sacrifice. Service. allow the parties to the liti- pants looked! mission of the J Reuben Liberty in law. gation to exceed the space Clark Law School than in Washington, D .C ., limits the Court has set. this country’s capital. affirms the nobility of law. Second, Lee said that Anyone who explores Touring the House and attorneys practicing before Reflections After Washington, D.C., Senate chambers in the the Court must be very Admission to the discovers a good, Capitol Building, being careful about the statements Bar of the U.S. free-people’s history. It is guided through the public they make to the media highlighted in the night rooms of the White House, about the cause before the Supreme Court view of soldiers raising our and entering the courtroom Court while it is still flag that is the Iwo Jima of the highest court in pending. The spirit of the by Sheila McCEeave, Utah statue of the U S Marine the land reaffirm the canons of ethics prohibits Circuit Court Judge and Corps War Memorial. affirmation. Americans are efforts by attorneys to 1976 Law School Graduate It stands firmly as the a law-abiding people. We influence the outcome of a towering white marble strive for justice, equality, case through the media. hilosopher Soren shaft of the Washington due process There is Finally, Professor Lee Kierkegaard Monument against a passion and pride in the discussed the importance of observed that life morning skyline of the mall. striving. Not clichds. proper argument before the must be lived from a It speaks to its citizens in the Washington, D.C., was Court. The Court will test perspective which looks heroic-proportioned, rugged a fitting setting for gaining the limits of the theories forward but that it is features of a determined perspective about the

24 MEMORANDA mission of the J. Reuben Rex Lee before the Justices Clark Law School-not of the United States simply because the nation’s Supreme Court. I remember history is preserved in the my first week of law school Srnithsonian Institution or at where Dean Lee presented a Ford’s Theater or along series of cases (beginning Pennsylvania Avenue, but with one affectionately because in understanding known as “Yick Wo”) which that history, dear demo- developed an interpretation cratic ideals become of the equal protection cherished in people’s hearts. clause in the Fourteenth Looking backward, one Amendment of the United does begin to understand. States Constitution. I recall Looking backward, one the charter class tenth-year can see something of the reunion where Dean Lee in destiny of the J. Reuben good humor revealed the Clark Law School-its challenges of faculty contribution as an recruitment and student institution As BYU selection preliminary to the President Jeffery HoHand first year of law classes. detailed in a fireside address But, I will never forget that to alumni in Washington, touching moment last D.C ,that November November when after he weekend, the Law School’s had read each of the Kathy Pullins private law firms, but contribution lies in the lives proposed admittees’ names all of the opportunities of its people. People who alphabeticaHy by state as we Named New Law available to a student as lawyers, judges, teachers stood, after the formal School Director of graduating with a law have transformed cherished motion to the high court, he Career Services degree,” says Pullins. democratic ideals into actual turned and gestured with “While recruiters who come service and sacrifice in their great humility and love and Alumni on campus interview the top own lives People who in saying to them of us, “These Relations students, I’m also speaking practice, in government, are my students .” And in the with different placement in private still revere liberty justices’ eyes and faces I directors and law firms to in law and regard law as could sense the connection he Law School extend our services to help noble. I think that is what of principles and people- recently selected other portions of the class Dean Bruce Hafen meant in and I could see the con- TKathy Pullins as its We’re doing some job fairs the Fall 1986 issue of the tribution of one man who new director of Career where students travel where Clark Memorandum when has lived the mission of the Services and Alumni they want to work, and he said, “The alumni are J. Reuben Clark Law Relations. we contact prospective part of the mission of the School while looking Kathy Pullins, a graduate employers. This fall we’re Law School. Indeed, the forward. of the 1988 law class, testing this new approach mission of the Law School We are a young law replaces Anna Mae Goold, in Phoenix ,” unfolds in their individual school with a destiny, who retired earlier this year Pullins also arranges lives” (p. 15) On the steps I think, still barely under- “We sought out Kathy,” seminars and enrichment outside of the Supreme stood. We live, as students, says Claude Zobell, lectures for students related Court building and at a faculty, alumni, friends, assistant dean. “We selected to employment and provides dinner of the Washington, looking forward-with her because of her basic counseling, such as D.C , chapter of the faith. But in Washington, enthusiasm, her ability resum6 writing. J Reuben Clark Law D.C.,in November 1987, to get along with students, The new director Society, I saw fifty-plus some of us, looking back- and her initiative.” received a bachelor’s degree examples. ward, caught a glimpse of As director, Pullins in English with a physical And if there was one understanding that we hope will assist students in the education minor in 1985. example that more than any will increase our faith to live employment search and While at law school, she other gave me under- our lives in the law while work with recruiters both on served as president of the standing of the mission of looking forward. and off campus. “Our office Women’s Law Association the Law School I had been is expanding a resource She is the wife of BYU privileged to take part library to provide baseball coach Gary D in beginning, that example information about legal Pullins and is the mother was found in the motion of employers, not just of four sons.

25 MEMORANDA

number of worms that had crawled out on the sidewalks when the water had been abundant but had been left stranded after the water had dried “Federal aid to education is a little like the rain that attracted the worms,” he stated “You are never sure where it came from, and you cannot tell when it is going to dry up.” He stressed the importance of the privately endowed Woolley loan fund to the Law School in light of the unreliability of federal funding sources. President Jeffrey R Holland and his wife, Patricia, attended the dinner, and President Holland discussed the importance of the Woolley gift to the Law School and to the university as a whole. He recalled the challenge he received when he became president of BYU to develop new funding sources for university endeavors. As pressures on Church funds increase, BYU must assume more of its own development expenses. He explained how gifts like the Woolley contributions aid that cause. Following these tributes President Holland and Dean Hafen unveiled a portrait of Mary Spry Woolley and Mary Alice Woolley that had been commissioned by the Law School. The Mary Alice dollars to over 1,000 law of inflation,” Dean Hafen portrait now hangs outside students. On April 26, stated as he welcomed the the Law School’s moot Woolley Honored 1988, the Law School paid dinner guests who had court room alongside the for Dedication tribute to Mary Alice assembled to honor portrait of Roland Rich to Law School Woolley, the daughter of Miss Woolley. Woolley that Mary Alice Roland Rich Woolley and In emphasizing the Woolley had presented to Loan Fund Mary Spry Woolley, for her importance of the fund, the the school previously personal dedication to the dean related an observation Responding to the ince its inception in perpetuation of the fund he had made while president tributes paid to her, Mary 1973, the Roland “Mary Woolley’s con- of Ricks College. One day Alice Woolley reminisced SRich Woolley Family tinued generous support of after a substantial rain storm, about the decision her Law Student Loan Fund has the fund has allowed us to he was walking across the family made to provide the dispersed over $5 million keep pace with the pressures campus and noticed a great endowment for the loan

26 MEMORANDA fund “Rex Lee came to us for her service to that Lundberg, Floyd, and commissioners are charged in the forming stages of this organization by the planting Wardle receive member- with the responsibility to great institution,” she of a tree on the grounds of ship, was organized in 1923 encourage passage of the remarked. “Through his the Utah State Capitol “to promote the clarification uniform acts by the eyes we became aware of In addition to the and simplification of the law legislatures of their the great potential this Law financial support that she and its better adaptation respective states School could have in provides to students at the to social needs.” Founders Professor Wood’s assign- teaching constitutional J. Reuben Clark Law of the organization included ment to the Administrative principles to the students School, Miss Woolley has Elihu Root, Harlan Fiske Law and Regulatory and possibly even helping provided strong financial Stone-who later served as Practice Section of the to save this great country of assistance to the Primary chief justice of the United ABA caps a long history of ours Mother, Dad, and I Children’s Medical Center States Supreme Court- service to the American Bar wanted to help.” in Salt Lake City. She has Benjamin Cardozo, and Association. He has been She described the letters also supported nineteen Learned Hand. active in the Administrative of thanks she has received Mormon missionaries To fulfill its purpose the Law and Regulatory from the many students who serving in foreign lands institute has produced the Practice Section for several have been assisted by the Restatement of Law series. years. He also served as fund “The students have These important legal works chair of the Immigration, demonstrated their gratitude Seven Professors attempt to articulate the Naturalization and Aliens freely by the many letters of Appointed to Elite current status of the laws Committee; and the Civil thanks we have received- of the United States in Rights and Employment letters which often bring Organizations particular areas The Discrimination Committee; tears to my eyes by the life restatements have been cited and as vice-chair of stories they relate It thrills even BYU Law as substantive authority by the International and me to receive these letters, School professors federal courts and state Comparative Administrative and I make it a practice to have recently received courts in all fifty states Law Committee; and the answer each one.” appointments to elite Of the approximately Continuing Legal Education She concluded her national and international 640,000 lawyers in the Programs Committee remarks by thanking Rex legal organizations. United States, only about Professor Parker is the Lee for bringing the H Reese Hansen, 2,100 have been invited to only non-Jew to serve on the Woolley family into the associate dean of the Law membership in the ALI executive committee of the Law School family. School and professor of law, The National Conference Jewish Law Association. Mary Alice Woolley has has been appointed to the of Commissioners on The association includes served admirably in Church, National Conference of Uniform State Laws, to members from throughout political, social, and welfare Commissioners on Uniform which Dean Hansen was the world The executive capacities. She has held State Laws J. Clifton nominated, is composed of committee is composed numerous positions in Fleming, associate dean of four commissioners from of approximately nine Church organizations, in- the Law School and professor each state, the District of members, including two cluding the Young Women’s of law, and Professors Columbia, Puerto Rico, and from the United States. Mutual Improvement Constance Lundberg , the U. S . Virgin Islands The association holds Association She has also Douglas Floyd, and Lynn The conference was biannual conferences , taught a course on the Wardle have been appointed founded in 1892 to bring with every other conference Constitution for her ward to membership in the about, by voluntary state held in Israel. Relief Society Miss American Law Institute. action, greater unanimity Professor Parker has Woolley has been president Professor Douglas Parker in the law prevailing prepared an encyclopedic of the North Hollywood has been named to the throughout the United dictionary of Jewish law, a Republican Women’s Club; executive committee of the States. When founded, Jewish law textbook, and a correspondence secretary, Jewish Law Association. the conference included volume of the Jewish Law California Federation of Professor Stephen G. Wood, participants from only seven Annual that abstracted all Republican Women; a former associate dean of states. Membership since articles on Jewish law delegate to two Republican the Law School, has been that time has expanded published in the United National Conventions; and named to leadership in the to all states. States between 1980 and member, Republican State Administrative Law and Since its inception, 1985 And he is currently Central Committee. She Regulatory Practice Section the conference has drafted abstracting articles from has served as president of the American Bar over 200 uniform laws on 1985 to 1988 He also spent and as lesson leader of the Association. numerous subjects and a year on the Hebrew Los Angeles County The American Law in various fields of law. University Faculty of Law Daughters of Utah Pioneers Institute (ALI) , in which In addition to their work in in Jerusalem as a visiting and has been honored Professors Fleming, drafting the uniform acts, research professor in 1983.

27 MEMO ANDA

negotiation in various them insight into the classroom examples of the Professor contexts and forms.” Based characteristics that typified process “The purpose was Gerald Williams : on his early recognition of lawyers’ negotiating to give the student a chance Teaching the Skills the necessity of negotiation, behaviors to see what a negotiation Williams began to observe The research, which was looked like before he got in of Negotiation people involved in the funded by a grant from the the water,” Williams said. process. In addition, he Law and Social Science Williams worked with n the scholarly world of became personally involved Division of the National Roger Croft of the BYU legal negotiation, few by acting as an advisor Science Foundation, began David 0. McKay Institute Inames are more well to the Afghanistan Supreme with interviews of members to produce several different known or respected than Court and the Ministry of of the bar in Denver, videotapes of lawyers in Gerald R . Williams, Justice. “I became a fairly Colorado, and Phoenix, actual negotiations on professor of law at the proficient negotiator due to Arizona. Based on those various legal subjects. J. Reuben Clark Law the opportunities I had in interviews, Williams and his Williams’ work has School. In fact, Williams Afghanistan,” he said. colleagues developed a now expanded far beyond and Roger Fisher, Williston In 1973 Williams questionnaire that was sent teaching his own students at Professor of Law at Harvard attended a conference for to members of the bar in the Law School. His tapes Law School, are the two new law teachers. While Phoenix and Denver. are currently used in 112 people who have created the there, he heard that Interestingly, their results in law schools in the United majority of the available negotiation was being both cities were statistically States and his research data, data relating to the taught as a formal part of the the same, and they learned which is compiled in his negotiating behavior curriculum in only two law that lawyer negotiating book Legal Negotiation and of lawyers. schools in the United States. behavior can be categorized SettZement (1983), is used in Williams’ stature in the “The people who were into cooperative or eighty-five law schools. field of legal negotiations is teaching the courses said aggressive categories * “We “Since I entered the reflected by the numerous they were trying to teach, were very surprised at the negotiation field, interest articles and books he has but they were frustrated reliability of our results,” has grown dramatically in published and his frequent because there was only Williams said. “After the subject,” Williams invitations to teach scant literature about the doing the first survey, we noted. “I think law schools negotiation seminars to process. They suggested conducted it again, and the have become more aware practicing lawyers and that negotiation would be a results were replicated.” of the need to train their students throughout the good area for a young law After completing the students in some of the United States and in several professor to explore and study, Williams began practical aspects of foreign countries. Williams attempt to understand,” to present his results to practicing law and have became a member of Williams said. Williams lawyers in seminars. responded by expanding the charter faculty when the recalled the interest he had “The lawyers we talked to their curriculums to include Law School opened in developed in Afghanistan indicated that our results negotiations, interviewing 1973. He has also taught and returned to BYU were a very accurate and counseling, alternative law at Kabul University in intending to learn about representation of their dispute resolution, and other Afghanistan, Arizona State how lawyers negotiate. experience in legal skill-related courses .” University, University of “I recognized that negotiations. Consequently, Williams suggested Cairo in Egypt, Harvard the area I intended to study the lawyers found the data that scholarship in the Law School, and most lendecl itself to social to be very useful. However, negotiation area is now at recently at the Pepperdine science research. Because when we presented the a point that new plateaus University School of Law. I did not have sufficient information to students, need to be reached. “It is “My interests in the training in the field, I sought they seemed unable to grasp becoming increasingly clear negotiation process began help. I was able to solicit the it,” Williams said. Williams that lawyers must make when my family and I help of Larry Farmer, who concluded that the reason choices with regard were in Afghanistan. When was then a candidate for a his students struggled with to the style they use in we went shopping for doctoral degree in clinical the information was that negotiations. The way one groceries, every purchase psychology (Fanner has they did not have the approaches a negotiation we made was a result of since become a professor experience of participating almost always dictates the haggling with various of law at the Law School), in negotiations which could results one will come away merchants ,” Williams said. and Dr. Lynn England help them understand the with. The problem we have “I realized that the merchant of the BYU Sociology framework for explaining now is that most negotiated in Afghanistan is much like Department,” Williams negotiation behaviors. agreements leave value on the lawyer because the said. The team of As a result, he decided to the table because lawyers entire process of legal researchers then developed film lawyers in actual are not yet proficient in practice involves a study designed to give negotiations to provide maximizing their results

28 MEMO iNDA

Thus, the challenge for a team chosen by the ABA students currently enrolled interview. I went to Salt myself and others in the from other law schools. in the program are from Lake hopeful. As I sat field is to learn how to After their on-site Japan, the People’s across the desk, the recognize and then teach evaluation visit, the Republic of China, Canada, interviewer said, “We’re students and lawyers how members of the ABA team and Cameroon. very interested in you, they can improve their concluded that BYU, Ms. Hansen, but we have results ” probably more than most one concern You’re single, Williams added that he other law schools in the How I Became attractive, and a good catch, enjoys teaching students at country, was equipped to and we don’t want to train the Law School. “I decided offer a graduate program Converted to Law: you just to lose you to a long time ago that my for foreign lawyers Citing My Summer at a marriage proposal ” career choices would be the abundance of foreign Utah Legal I am still mad made based on the oppor- language skills possessed by Around February of my tunities I would have to members of the student Services second year, I had a long serve and perhaps contribute body, the visitation team talk with Professor Jean to the society and profession. concluded that available by Shauna Hanserz Bums I told her what For me, the audience I want support systems for foreign happened and expressed my to reach can be found at the students were outstanding y first love, now very dismal view of my BYU Law School.” Students enrolled in the without legal future She listened master of comparative law Mequivocation or very sympathetically and program will receive the embarrassment, is music then advised me to “hang in

ABA Approves MCL degree on completion If I could support myself there ” After sharing her New Master’s of a minimum of twenty- through music, I would do it experiences as a clerk in four credit hours earned and be happy But tales of a Chicago legal-aid office, Degree during at least two starving musicians are she said that some good semesters in residence legion, and I have three bad hands-on legal experience he Law School following completion of habits: breakfast, lunch, and might change my outlook. recently took a major legal training in their home dinner. So, I chose law, I decided to try it. If it didn’t Tstep to enhance its country. Participants will hoping that it would provide work, then I would leave status as a center for the take a special introduction the necessary income to the law. study of comparative law. to American law course meet basic needs and allow I began working at Utah The American Bar with other MCL students. me the freedom to pursue Legal Services with high Association approved the All other courses will be music in my spare time hopes. I had always admired offering of a new master of selected from the standard My first year at law lawyers who stood up for comparative law degree by Law School curriculum. school was almost the downtrodden and the Law School “By utilizing our unbearable. The workload oppressed in society. I must “The implementation standard course offerings as was intense, and I reeled confess that I had some of this new post-graduate the foundation for the MCL under the “mental cruelty” fairly foolish and romantic program designed for program, we will be able of some of my professors. notions, but the feeling that foreign-trained lawyers will to provide comparative When final grades came I was able to help someone allow us to develop new ties insights throughout the out I seriously considered with their problems when with lawyers and law firms curriculum,” Backman quitting I found it difficult they had nowhere else to go all over the world,” added. “Further, by limiting not being the best of the best was pretty heady stuff according to Professor the enrollment in the MCL anymore. Then I got the My first assignment was James H. Backman, the program to no more than idea to combine music and a case where a local credit faculty advisor for the eight students per year we law; I knew I could do well bureau had been trying to program “Our juris doctor can ensure that the program in music. The possibility collect a debt using some students will be able to rub participants receive the that I could teach at a junior rather nasty methods. Our shoulders with lawyers individual attention that this college, if I could not find clients were a young couple trained in foreign legal new educational experience legal employment, offered whose debts had arisen from systems, and our MCL will require.” some slight hope for the tragic crib death of one students will be able to learn Although approval the future. child and the premature about the American legal from the American Bar Then I went through birth of another. It was a system in the unique Association was received the second-year clerkship very exciting case, since I BYU environment.” only in late May, four interviews. After the weeks was enrolled in Professor The accreditation students were able to of rejections and quizzical Winnie Taylor’s consumer- process by the American complete the application stared which said “What are protection course We had Bar Association included a process for the fall you doing in music?’ I just completed the unit site visit and evaluation by semester, 1988. The four finally got a callback on the Fair Debt Collection

29 MEMORANDA

Practices Act, and I was anguished tears One pay the difference for a and even a little pride, ready to nail the credit woman looked at me with higher grade of tire. The because I have grown in bureau right between the stricken eyes and pleaded, vendor agreed to exchange knowledge, in experience, eyes. I drafted a complaint “What did I do wrong? the failed tire, but refused to and in compassion. for my supervising attorney, All I wanted was a loving exchange the other tire. claiming damages for marriage and a happy I spent the majority of everything in sight. family. What did I do my time that week in Utah Lawyer I then had my first wrong?’ negotiations with the Assistance experience as Clerk of the After two weeks of manager and assistant Day I was on the phone for dealing with such intense manager of the tire place. Society Formed almost two hours Every emotional wounds, I After several discussions call that day came from cracked I fled the office they agreed to replace both group of Utah battered wives, all and sat in my car, crying tires and to mount them lawyers recently wondering how they could uncontrollably There was free The clients were formed the Stew protect themselves and so much suffering And we satisfied I was ecstatic! Hanson, Sr,, Society in the their children from violent had to turn people away I think the internship as memory of a fine lawyer husbands and fathers. because they weren’t blood) a whole was a crucial and judge who was known I went home emotionally enough yet. There weren’t turning point in my legal and lived for his personal exhausted. enough funds, nor enough education. For the first time commitment to helping For the next two weeks, staff or time. There wasn’t I felt that my education was young lawyers The all I saw were the same kind enough of anything, useful. These people did not members of the society of cases. One woman was except pain. care if I was on law review. have pledged to help carry only seventeen years old, A while later, another They did not ask me if I was on Stew’s work as a mentor She had been married for a clerk came out and saw in the top third of my class. by making themselves year and had an eight- me there. He came over to All they wanted was my available to respond to month-old baby Her my car, and we talked about best efforts directed toward questions posed by twenty -one-year-old my feelings Having workec solving their real problems. inexperienced practitioners. husband had threatened for legal services before, For the first time in two very The members have each to kill her with a chain he had seen what I was long, discouraging years agreed to contribute at least Another woman’s seeing and could understand I realized that I could solve ten hours each year to the husband broke a chair over how I felt He helped me to real problems. society’s work her back. His complaint was understand that whiIe I At the same time, Members of the society that she couldn’t stop their couldn’t do everything for I learned the limits of my are available for specific infant son from crying everybody, I could do-and ability I cannot do every- advice in practical matters The boy was multiple was doing-something thing for everybody. as well as help with handicapped and only slept worthwhile. That some- I cannot right all the world’s professional judgments fitfully He was awakened thing, even though small, wrongs. The credit bureau and ethical decisions. when his father came was important. He sug- complaint is probably Assistance is available from home drunk gested I talk with one of the still on my supervising both plaintiff and defense A third woman was attorneys to find out how shc attorney’s desk The spouse attorneys with expertise beaten with a belt when she handled the emotional stres5 abuse calls are still coming in specific areas tried to protect her children of domestic cases On her in unabated, and some Stew Hanson, Sr., was from their drunken father. suggestion I took a break victims are still being turned the mentor, friend, and He had thrown two of the from seeing clients. away. Merchants continue gentle critic of many of the children against the wall, However, during that to take advantage of members of the society, and and she had intervened break, I did take one call immigrants. they hope to expand and I was amazed at the from a Vietnamese man But I know that I was carry on that work in his stories of pain and brutality who spoke very poor able to help some people name and memory. that I witnessed. I have English With some who needed help. I know Commenting on the never personally experi- difficulty I learned that his that I will develop my organization of the society, enced domestic violence brother had purchased some knowledge and skill so that I Gordon R. Hall, chief I felt brutal myself as I used tires from a local can help more people with justice of the Supreme Court probed each woman for business After the tires more problems. I can look of Utah stated: “Judge specific facts. I had to ask were mounted, the brother a prospective employer Hanson’s guidance of young questions like “How many took the car for a test drive in the eye with confidence, lawyers was also extended times did he hit you?” or One of the new tires failed knowing what I can do and to young judges. I was “What did he hit you with?’ and the brother, fearing the what I cannot yet do. More privileged to serve with I usually met silence, tires were unsafe, wished to importantly, I can look at him on the district bench downcast stares, and then replace them. He offered to myself with satisfaction, beginning in 1969, and in

30 MEMORANDA his own gracious way he announced at a later date President Richards, Dean County public schools and assisted greatly in my Richards began his Bruce C+Hafen stated: “The graduated from Brigham transition from the bar career as a rancher and life of Stephen L Richards Young High School in to the bench principal of public schools represents the fine balance 1920 After returning from “It is fitting that this in Malad, Idaho. Though toward which we hope our a mission for the Church society bear the name of able and efficient in both law students aspire: he was in the eastern states, he Stewart M. Hanson, Sr. , undertakings, he resolved to highly intelligent, a gifted enrolled in the University of because he stands tall pursue a new profession advocate, and a skilled Utah as a pre-law student among those who have through the study of law. professional-yet he was Following graduation and contributed so much to the After a year at the also deeply devoted to his marriage to Marguerite well being of we who are University of Michigan family, the Church, and the Maughan, he moved to engaged in the pursuit Law School, he transferred things of the spirit. This rare Washington, D C., and of justice.” to the University of Chicago blend of mind and heart, enrolled in George For further information School of Law and focused in a rich life of Washington University on the society, contact the graduated cum laude as a integrity and compassion, Law School. Utah State Bar Office at member of that school’s first is an example worthy of While in law school (801) 531-9077. graduating class While at our highest emulation .” Colton persuaded his Chicago he impressed the Lynn S Richards and his lifelong friend, J Willard dean with his abilities to wife, Lucille, of Salt Lake Marriott, to come to Two such an extent that, years City provided a major Washington, D.C Together Professorships later, the dean declared that portion of the funding for they borrowed money to Richards was the most the professorship to help start a new business Announced capable student he had develop this delicate venture, a nine-seat A&W ever met. balance in BYU law root beer stand, later known rofessorships Upon completion of law students as the “Hot Shoppe,” the honoring a former school, he was admitted to Hugh W Colton’s forerunner of the present member of the First practice in Utah and soon life provides a study in Marriott Corporation. Presidency of the Church of became city attorney of contrasts-from the Convinced that his future Jesus Christ of Latter-day Murray + Two years later foundations of one of was in the West, Colton sold Saints and honoring a Utah he began teaching at the the country’s largest his interest in the Hot lawyer who was also a University of Utah College corporations to the practice Shoppe to the Marriotts and cofounder of the Marriott of Law He continued of country law. Describing returned to Vernal, Utah, Corporation were recently teaching part-time for nine Hugh W Colton, Dean where he started the general. announced by Law School years He was senior Hafen states: “The writer practice of law in 1929 He Dean Bruce C.Hafen. member of the law firm Bellamy Partridge also served several terms as Funding for the two of Richards, Hart and concluded some years ago Uintah County attorney. His endowments has been Van Dam. that ‘the country lawyer, as Church service included substantially completed Richards and his wife he existed between the days high council work and The Stephen L Richards raised seven children: of Abraham Lincoln and counselor in a stake Professorship and the Hugh Lynn S Richards, Louise Calvin Coolidge, is no presidency. Colton’s W. Colton Professorship Richards Covey, Lois more.’ But in the life of military service during will provide funds to Richards Hinckley, Alice Hugh W. Colton, we find World War I1 involved augment the support Richards Allen, Georgia embodied the same command of units that were provided to selected Richards Olson (deceased), independence, versatility, in combat on D-Day He members of the Law School Philip L. Richards, and and boundless sense of also commanded units that faculty. “Professorship Richard M. Richards. public service that have long built the first bridges in funds help us to attract and In 1917 Richards was characterized that noble France, Holland, and retain legal scholars of ordained an Apostle of strand in the heritage of the Germany. extraordinary accomplish- The Church of Jesus Christ legal profession: the country During his years in ment whose work enhances of Latter-day Saints after lawyer. The Colton Uintah County he worked the stature and influence of having served as a first endowment will help keep on the Upper Colorado students, alumni, and all assistant general super- that valuable heritage alive River Project, was chairman others affiliated with the intendent of the Deseret in the minds of our law of the four-state promotion J. Reuben Clark Law Sunday School Union students for the long-range committee for the Colorado School ,” according to lean General Board and as a benefit of both city and River Storage Project, and Hafen. The faculty member of the general country .” assisted in the organization members selected for Church Board of Education Born in Ashley Valley, of the Uintah Water appointment to the Reflecting upon the life Utah, Colton obtained his Conservancy District professorships will be and accomplishment of early education in Uintah He was also president of

31 MEMORANDA the Uintah Cattlemen’s business climate prior to when foreigners transact BYU Graduate and the Utah Cattlemen’s 1979 and subsequent business in China. He Associations and vice reforms He called the joint explained that foreigners Receives U. S . president of the American venture law, a reform that residing in China and Supreme Court National Cattlemen’s allowed participation in foreign business operating Clerkship Association. China by foreign interests, a in China may be subject The Coltons are the symbol of China’s recent to a variety of taxes not Invitation parents of four children, economic revolution normally encountered in including a son, who He also addressed the foreign investment situations. enise Posse-Blanco returned to the Marriott subsequent innovations in Gareth C C. Chang, Lindberg, a 1988 Corporation and is currently business contracts with president of McDonnell Dgraduate of the senior vice president, China, including various Douglas China, Inc , Law School, has been general counsel, and a factors contributing to the used his own company’s appointed as a clerk for director of the corporation. creation of a supportive involvement in China as Supreme Court Justice Two of the Coltons’ legal environment. These a good illustration of the Sandra Day O’Connor. grandchildren-David factors include the creation strategic approach to doing She is the first woman and Carolyn-are graduates of domestic legal business in China. His from the school to receive of the J. Reuben Clark institutions, the enactment remarks specifically this prestigious honor, Law School. of appropriate national and addressed the transfer of BYU’s first clerk with a local legislation, and technology as his company minority background, and participation with other entered into an agreement the first BYU clerk with Symposium Held nations in bilateral and to co-produce aircraft in Justice O’Connor, on Legal and multilateral treaties. China Mr Chang indicated according to Bruce Hafen, Business Affairs Mr. Cohen specifically that McDonnell was dean of the Law School. addressed the advantages of successful in penetrating In receiving the honor, of China utilizing Sino-foreign and capturing a highly she joins the ranks of four equity joint ventures as competitive market by other former students who everal prominent effective vehicles for the transferring technology to also received Supreme lawyers and business conduct of business in China, thus preparing the Court clerkships: Monte experts visited China. Finally, he way for a number of other Stewart, 1976, a partner in BYU in January 1988 to emphasized the importance business opportunities such his own law firm in Las participate in a special of having a good contract as helicopter information Vegas; Eric Anderson, symposium addressing the to facilitate cooperation systems equipment and 1977, a law professor at the conduit of business and between the parties, reduce wide-body aircraft University of Iowa Law legal affairs in the People’s the likelihood of disputes, Other participants in School; Kevin Worthen, Republic of China. The and protect the interests the symposium included 1982, a law professor at symposium was sponsored of both parties. Samuel R Baker, Jinyan BYU; and Michael by the Law School’s Inter- Timothy P. Stratford, Li, Cole R. Capener, and Mosman, 1983, who national and Comparative a law partner of Mr. Cohen William F. Atkin, residents practices law in Portland, Law Society, the uni- in the Hong Kong office of in various domestic and Oregon versity’s David M. Kennedy Weiss, Rifkind, discussed international offices of Lindberg served as Center for International cooperative joint ventures Baker & McKenzie; Stanley articles editor of the BYU Studies, the School of between foreigners and B. Lubman of San Law Review during her Management, and the Chinese parties. He Francisco’s Thelen, Marrin, third year of law school. Intermountain Program in distributed a translation of Johnson & Bridges; Her comment, “The Pacific Rim Relations at the a fairly typical cooperative Gregory H. Jackson, Accountant-Client University of Utah. joint venture contract executive vice president of Privilege: Does It and The program included concluded between a Security Pacific National Should It Survive the Death presentations by some of the Hong Kong investor and a Bank in Hong Kong; Allen of the Client,” was included most eminently qualified Chinese company, and gave Anderson, vice president in the 1987 law review; experts in the field of law advice on avoiding some of of Continental China Tai and her comment, and business in China. the typical problems which International, Ltd. in Hong “A Constitutional Analysis Jerome A. Cohen, arise in these contract Kong; Paul C.B. Liu, of the Public Trust Doctrine,” resident in the Hong Kong negotiations. professor of Law at the was prepared for the 1988 office of New York City’s Charles J. Conroy, of University of Washington edition of the review. Paul, Weiss, Rifkind, the Chicago firm Baker & School of Law; and Arthur She will serve a one-year Wharton & Garrison, McKenzie, provided an Hummel , former U. S . judicial clerkship with the described the lack of foreign overview of the tax ambassador to the People’s Honorable Monroe G. investment in China’s consequences which arise Republic of China. McKay of the United States

32 MEMO \NDA

Court of Appeals of the In discussing the helps the judge and jury of the rest of their stay on Tenth Circuit beginning this importance of truth in the arrive at the truth, but does Earth. They have the power fall Her appointment with practice, as well as the not usurp their function to determine what manner Justice O’Connor is for teaching of law, Fried The advocate, according to of men and women they the 1990-91 term. pointed out that a lawyer Fried, presents to the judge will be She has been a research can best serve the client and or jury a way of viewing the “It is important to assistant for Dean Bruce serve the law by holding fast evidence, but she does not contemplate such decisions Hafen and a summer to the truth. The duty of the make up evidence, misstate because specialized knowl- clerk with two firms in lawyer to her client is a the record, or distort the edge may be a potential Salt Lake City and one given, he stated, but authorities. The expert source of material wealth in Washington, D.C that duty cannot entail lawyer knows the difference and power, which may be In addition to her law indifference to the truth between deception on highly dangerous if school credentials, Lindberg A lawyer’s duty to hold one hand and doing the misused,” he explained. holds a B .A degree in fast to the truth obviously opposing lawyer’s job on “As attorneys we will communications, an M S. includes not falsifying the other A good judge will be regarded as having in educational psychology, evidence, not fooling the know the difference as well. specialized knowledge. a master’s degree in social court, and not telling lies. In conclusion, Fried Those people who surround work, and a Ph.D. in An ethical lawyer cannot reviewed the relationship us will force upon us an elite health sciences. lie, even if she does not between truth and clear status, derived from our She is a native of Cuba disclose everything. and simple speaking and common experience in law and was raised in Cuba and Fried provided a test to writing. “If you are direct school We do not need to Puerto Rico. Her husband, determine the difference and simple in your apologize for that status Neil Lindberg, is also between lying to an expression,” he explained, We have worked for it and studying at the Law School opponent and refusing to “it may be impossible to paid the price. However, and will graduate in 1990 disclose everything one hide and deceive ” we do need to recognize They are the parents of knows When the opponent Tim Millet, the speaker the responsibility that two sons. discovers the information on for the graduating class, accompanies that status and her own, and they always cited Robert Frost’s poem the positive role we must do, will she say, “She plays “The Road Not Taken,” assume in society.” Fried and Millet hard, but she plays fair,” or to describe the law school Members of the “Me” will she say, “Why the experience He views generation must learn to Address Graduates sneaky. . . .” law school, particularly here think of others, Millet Fried warned the at BYU, as ajourney down continued “As members ake the worst, the graduates that this the less-traveled road of that generation we must ugliest case in the dedication to truth may “I hope it will make a use our knowledge for the Tworld Fight as hard cause them to forfeit difference in where, ages benefit of society and for as you know for the worst of opportunities and loose hence, we find ourselves ” individuals The training we clients, against opponents some clients, but in the long Mr. Millet recalled the have received at J Reuben who are angels. You will run, it is worth the cost. bittersweet experience that Clark Law School qualifies still serve justice if you When advising a client, a law school is to all those us to do just that, if we so respect the truth,” Charles lawyer has a duty to present who brave their fears and choose.” Fried, solicitor general of the unvarnished truth embark on a discovery Millet presented his the United States, explained In negotiations, however, of the law and themselves. belief that the J. Reuben in his address to the 1988 not laying out all of the His opinion of Socrates has Clark Law School is unique graduating class of the J. weaknesses of a client’s suffered, perhaps more from among law schools The Reuben Clark Law School position is not deception. the way the professors education one received from Fried, who was a A competent lawyer on the practice the socratic method this school offers more than member of the Harvard Law other side knows what than from anything Socrates simply a legal education. School faculty prior to his disclosures he may or may has done personally The If one is willing to accept entrance into government not expect three lessons learned from them, the Law School has service, was introduced “It is a little bit like the final year of law school stressed four attributes that to the audience by his judo,” Fried explained “If were work hard, study could work to make all predecessor as solicitor both you and your adversary harder, and pray for mercy the difference in the lives general, Professor Rex E are well trained, you can He used the crucial of its graduates. Those Lee. Lee described Fried as have a good fight without crossroads analogy to four attributes are: a friend who “values you either of you getting hurt.” emphasize the ability of the (1) commitment, and has your interests at Fried related these con- graduates to take control of (2)integrity, (3) service heart, no matter the cepts of truth to the art of their own lives They are and (4) divine

situation or the cost ” advocacy. An advocate at the beginning moments heritage.

33 UPDATE

~ ~ international opportunities workers’ Compensation law for him. His paper titled A draft of this book was “The Two German Temples- used in the fall 1987 Legal Background” was workers’ compensation presented at two prominent course, and an updated gatherings One was version of the text is being the Mormon History used in fall 1988 Davis has Association Conference presented portions of the at Oxford, England, and book in talks at conferences the other was the LDS and universities over Symposium on Culture and the past couple of years. History, held at Stuttgart, Shortly, he will be taking West Germany. a leave from teaching to Some of the various visit New Zealand and positions which Backman research its unique accident holds outside the Law compensation system That School include member research will provide the of the Harvard Alumni material for an article Association Schools comparing the New Zealand Committee and vice and American systems of chairman of the Boy Scouts compensation of America for the Provo Professor Davis also Cascade District has an interest in natural resources law He has given V Ray Jay Davis presentations addressing Professor Davis has been water and flood law during writing a book on Utah the past two years at

Faculty Notes responsible for the revision of four chapters in Powell’s A James H. Backman The Law of Real Proper@ Professor Backman joined In 1987 Professor the Law School faculty Backman’s article, “The in 1974 He is currently an Law of Practical Location instructor of courses in of Boundaries and the Need property, banking law, real for an Adverse Possession estate finance, and the new Remedy,” was published in master of comparative the BYU Law Review. law introduction course. He and Professor Thomas Backman’s course instruc- are completing a treatise, tion is augmented by his “Adjoining Landowner’s scholarly publications Disputes ,” with publication He is the author of scheduled for 1989. “Financing in Purchase and Professor Backman’s Sale of Real Property,” interests extend beyond the which is incorporated as strict academic scene. He is a chapter in Matthew keenly aware of civic and Bender’s Real Estate religious affairs. This Transactions series. He is awareness has opened up

4 UPDATE conferences sponsored by also an officer of the Rocky Edward L. Kimball development leave. While the Association of State Mountain Mineral Law Professor Kimball currently in England, he completed Flood Plain Managers, Institute, the Consortium for nstructs classes in criminal research on the English Mormon History Atmospheric Resources aw, criminal trial practice, legal concept of “legitimate Association, American Development, and the North md evidence He also is expectation,” which formed Meteorological Association, American Interstate involved in leading the the foundation for an article, and American Society of Weather Modification iiscussion sessions for “Legitimate Expectation. Agricultural Engineers. Council. He recently com- the first year ethical Development of a Legal He is working with the Utah pleted a term as a member of responsibility segments Doctrine ” The article will Water Resources Laboratory the board of advisors to the His probing questions and be published in the on a major study of water Utah Water Resources iirect confrontation of American Journal of rights transfer in Utah. This Research Center cthical and moral issues Comparative Law and similar studies in the are a trademark When asked about his other Colorado River Basin H. Reese Hansen Professor Kimball is English adventures, Riggs states are being prepared Associate Dean Hansen first also known outside the reported, “I did a fair under a grant from the assumed his duties in 1973. :lassroom. He is the author amount of reading in United States Geological The position title has under- of numerous works in a English constitutional law Survey. Davis’ articles have gone several alterations variety of publications. and enjoyed becoming more been recently published or since that time. His current His article “Utah Rules of familiar with the English accepted for publication in duties as associate Evidence 1983, Part 11” system of legal education the Journal of Weather dean include overseeing appeared in the Utah Law I attended a number of Mod@cation,the Journal of admissions, placement, Review. Suitstone published classes at the London Irrigation and Drainage, and serving as university his review of “Dew, the School of Economics Law and the Journal of Energy liaison. Trial” and “The Adminis- Department and other Law and Policy In addition to his tration of Spencer W branches of the University

Outside the areas of administrative duties, Dean Kimball ” Professor of London. 1found it a natural resources law and Hansen teaches courses Kimball was the coeditor of genuine opportunity for workers’ compensation, on federal estate and gift tax BYU Studies ’ Fall 1986 professional development.” Professor Davis has as well as on wills, trusts, issue which focused on Riggs has recently prepared a chapter on and estates. the life and achievements served on the International the legal aspects of the Dean Hansen has co- of his father, Spencer W Relations Program Advisory nineteenth-century British authored with Professor Kimball Committee, the Planning Mormon immigration Stanley Neeleman two Kimball has maintained Committee for the 1987 that will be published in attorney practice books interest in the leading Constitutional Bicentennial, a book on the history of focusing on probate practice criminal events in the Utah and the Political Science The Church of Jesus Christ under the then-newly area He has recently International Relations and of Latter-day Saints in adopted uniform probate finished an article about Faculty Recruitment Victorian Britain His code in Utah and Idaho Mark Hoffman and Han Committees. He was the innovative high school text These books remain van Meegeren, which is Orem area coordinator for on American government viable tools to probate published in BYU Studies. the Democratic Party before law, using the case method, practitioners Presently, he is a member of his leave to England has also been accepted for Dean Hansen’s interests the Utah Supreme Court Professor Riggs teaches publication. extend beyond the scope Advisory Committee contracts, international law, Professor Davis enjoys of the Law School. He has on Rules of Evidence and constitutional law He classroom teaching. Fall served and is serving on the and serves on the Test prefers to devote most of semester 1988 he is teaching board of trustees for two Development Committee his time to teaching and workers’ compensation law important organizations- for National Conference of relevant research. and water law, and team the Law School Admissions Bar Examiners He has also In connection with his teaching a section of the Council and Utah Legal appeared on radio and interest in international law, first-year professional Services He also served as television to comment on Riggs has written two seminar with Professor a director of Utah Legal current criminal trials chapters for Matthew Welch. In past years he Services, Inc , and is a in Utah Bender’s Privacy Law and has regularly taught first- commissioner of the Practice, and recently year torts National Conference on coauthored a book with Jack Davis, active in profes- Uniform State Laws. He is Robert E. Riggs Plano, The United Nations sional and community concerned about the quality Professor Riggs returned to International Organization service, is a member of the of legal education and the BYU in August 1987 after and World Politics. board of directors of the quality of legal services spending six months in Provo Rotary Club and is offered in the community. England on a professional

35 UPDATE

David A. Thomas He also presented V Lynn D. Wardle The former was published in Professor Thomas organized “Qualitative Measurements The multivolume treatise, Values and Public Policy and presented a paper at a for Law Libraries” at the Contemporary Family Law, (1988) under the title of conference at Oxford and annual AALL meeting which Professor Wardle “Don’t Tell My Parents- London held in July 1986. in Chicago, “Costs and coauthored and for which he Parental Rights Regarding The conference, “The Implications of Technology was the lead editor, was the Provision of Contra- Anglo- American Legal for Law School Adminis- published this past summer ceptive Services to Minors ” Heritage: A Course for Law tration and Teaching” at the Professor Wardle also 1988 has been a busy and Librarians ,” was the most annual meeting of the authored a chapter entitled eventful year for Professor highly rated educational Association of American “Judicial Appointments to Wardle. Besides his program of the American Law Schools (AALS) the Lower Federal Courts: publications, he has had the Association of Law in Miami Beach, and Ultimate Arbiters of the opportunity to be a visiting Libraries (AALL) in the “Impact of Technology on Abortion Doctrine ,” professor on the law faculty 1980s, according to an Teaching” at the annual which was included in the at Sophia University in AALL survey. Professor meeting of the Mid- book Abortion and the Tokyo, Japan, this past Thomas has subsequently Continent Association Constitution: Reversing summer. While in Tokyo edited the conference papers of Law Schools in Roe v. Wade Through the he taught a course titled for publication in a 1988 Park City, Utah. Courts, published in “Introduction to the issue of Law Library Professor Thomas served 1987 His article “The American Legal System” Journal as the chair for the Utah Constitution as Covenant” and co-taught a course on Professor Thomas’ College Library Council was published in BYU comparative family law library publications include during 1987-88 and is Studies ’ Bicentennial issue. Wardle also did research on “1986-87 Statistical Survey currently the chair of the Issues in Law and Medicine abortion in Japan under a of Law School Libraries and Law Program Committee published his article “Legal grant from the David M. Librarians ,” published in for the Research Libraries Implications of Sanctioned Kennedy Center for Law Library Journal, Group. For the AALL Assisted Suicide: Separate International Studies “Training American Law he is the national statistics But Equal ‘Treatment for It was this year that a law Students in Computer- coordinator, representative New Illegitimates.’ ” school dream was realized Assisted Legal Research,” to the British and Irish Wardle has also when he was elected published in Law Librarian , Association of Law produced several scholarly member of the American and “A Slide-Sound Show Librarians , and member papers. Some of those Law Institute. When he is for Anglo-American Legal of the National Legal papers were “Parental in residence at BYU, History,” published in Resources Committee. For Rights Regarding the Professor Wardle instructs Newsletter of the Associa- the AALS Thomas serves Provision of Contraceptive courses on civil procedure, tion of American Law on the National Law Services to Minors ,” and family law, origins of the Schools’ Section of Legal Placement Database “The Uniform Child Constitution, and bio- Writing, Reasoning, and Committee. Custody Jurisdiction Act.” medical legal issues Research Thomas has also contributed to academic publications by writing six chapters for Powell on Real Property, four chapters and updates for Holtzschue, Purchase and Sale of Real Property, a chapter for Rohan, Zoning and Land Use Controls and contri- butions to surveys of significant legislation and decisions published each year in Real Property, Probate and Trust Journal. As a faculty member of the AALL Institute on Reference Services, Thomas presented a paper on British legal materials

36 UPDATE

In addition to teaching and researching, Wardle finds time for public service He recently resigned as a judge pro tempore of the Utah Eighth Circuit Court, where he heard small claims cases every three weeks He was also a member of the Utah State Judicial Commission Child Support Task Force that finished drafting the child support guidelines for Utah this summer, and he serves on the board of directors of both the Americans United for Life Legal Defense Fund and the Utah Valley Family Support Center, a child abuse prevention agency

>John W.Welch Professor Welch is the coeditor of Religion and Law. Biblical, Jewish and Islamic Perspectives , a substantial collection of papers from an international conference sponsored by the Law School in 1985 Published in 1988 by Eisenbrauns, this collection includes one of Welch’s own papers Additionally, the Journal of Pension Planning and Compliance published his paper, “Non-Qualified Deferred Compensation Plans ,” Studies (FARMS) and is the BYU Religious Studies instructs the foIlowing which was also presented at serving as the president Center, he is coordinating courses. Business Associa- the First Annual Rocky and a director of that several research projects tions Advising Closely Mountain Tax Planning foundation He is serving and has an assignment to Held Businesses, and a Institute and is being as general editor of the coauthor an article about professional seminar. reprinted in a volume on Collected Works of Hugh Joseph Smith discussing the Welch was the featured tax planning for small Nibley a twenty-volume restoration of early speaker at the BYU May businesses This past series Seven volumes have Christian doctrines. Other 1988 Devotional, where he summer Professor Welch been published and three publications include presented a talk titled also attended the biannual volumes are near “The Calling of a Prophet: “The Book of Mormon-By conference of the Jewish completion Another An Analysis of the Call of Study and Also by Faith.” Law Association at Boston FARMS article, “I Have a Lehi and 1 Nephi,” and That talk has since been University, where he Question: How Long did it “Hugh Nibley-Thoroughly televised numerous times presented “Chiasmus in Take Joseph Smith to Modern.” and published in BYU Today Biblical Law.” Translate the Book of An article about and Speeches of the Year Welch has also written Mormon?” appeared in the Professor Welch, titled He is on the editorial board several articles for the January 1988 issue of the “Taking the Stand’ of the newly announced Foundation for Ancient Ensign appeared in This People LDS Encyclopedia, to be Research and Mormon As a part-time director of Magazine He currently published by Macmillan

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Class Notes secretary to the board of Marianne M. Jennings '77 in the Salt Lake City offices. directors at Novell. Prior to Marianne's postlaw school Among other awards and his job at Novell , David experience is diverse. She scholarships he has Lynn W.Davis '76 worked for Irsfeld, Irsfeld & has worked with the Federal received, Kevin wrote Lynn was recently Younger in Glendale, Public Defender and the the winning essay in the appointed a circuit court California, Prime U S . Attorney for Nevada Eleventh Annual National judge by Utah's Governor Computer, Inc. (western In addition she has Energy Law and Policy Norman Bangerter. Prior to division), and Businessland. consulted for several Institute's Energy Law becoming a judge he had an David has had an integral law firms and area Essay Competition (1987), active career in public law, role in four corporate businesses in Phoenix, His publications have private practice, and legal acquisitions, two public Arizona Marianne was not appeared in Southern teaching offerings , and the mergers content to stay away from California Law Review, of three companies. academia; she joined the UCLA-Alaska Law Review, Larry Jensen '76 In addition to his J.D., faculty at Arizona State Public Land and Resources Larry was recently ap- David holds an MBA University in 1977. Law Digest, Virginia pointed general counsel degree from Pepperdine Currently she is a full Journal of Natural at the Environmental University. However, his professor at ASU . In her Resources Law, and Protection Agency in real claim to fame is being spare time, Marianne is California Western Washington, D.C. His paired with Billy Casper a member of twelve International Law Journal. appointment was made by in the Jeremy Ranch professional organizations Kevin's civic activities President Reagan followed Showdown Golf Classic and has served on several include being a coach for by Senate confirmation. Pro Am in August 1987 boards of directors. East High School's girls' Larry began working for the Marianne is presently filling soccer team and a volunteer EPA in 1985 as assistant Robert D. Christenson '77 a term as president of the editor for Dialogue: administrator for water. Robert has been practicing Pacific Business Law A Journal of Mormon Prior to joining the EPA law with Christenson, Association Thought, the Sunstone he spent four years in the Kralowec, & Roper in Foundation, and the Department of Interior Porterville, California, for Mormon History In his new position, Larry the past ten years He enjoys Association. supervises a staff of more the companionship of his than 100 attorneys. father, two brothers, and a brother-in-law , who all work for the same firm. Living in a smaller community brings many opportunities for civic service. Robert serves in the Tulare County Bar Association, the Porterville Optimist Club, Porterville Youth Inc., and the Porterville Community Concerts.

Stephen Hill '77 Stephen first worked for Lane, Powell, Moss & Miller in the Emerald City of Seattle. Leaving Seattle G.Kevin Jones '77 in 198 1 , he currently works Kevin's educational pursuits for Snow, Christensen & did not end with his J.D. David R. Sradford '77 Martineau in Salt Lake City He has gone on to receive an James P. Rupper '77 David returned to Provo in In 1982 Stephen was LL.M. in energy law from After leaving BYU, 1985 when he accepted a involved in the case of Cook the University of Utah and James worked for the position at Novell, Inc , v Atlas Along with Dee will soon receive a JSD U S. Government for about where he was instrumental Benson and David Williams from the University of ten years Presently, James in organizing the legal (also BYU graduates), he was Virginia in Charlottesville is a private contractor with department. He is currently instrumental in winning a $3.5 Kevin works for the U. S Aldrich, Nelson, Weight & senior corporate counsel and million verdict for his client Department of the Interior Esplin in Provo, Utah.

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He is experienced in general felony preliminary hearings, age 29, he is the youngest Michael Gary Belnup ’82 practice, estate planning, divorces and probates? person appointed to Utah’s Michael started his own corporations, domestic habeas corpus motions, civil circuit court bench. Before general practice in 1987, relations, and personal disputes up to $10,000, accepting his judicial after spending five years injury litigation. James child custody, and juvenile position, Michael was with Farr, Kaufman & has served in a variety of matters. Boyd finds employed as prosecuting Hamilton. He is a member Church callings, including adoption proceedings to attorney for West Valley of the Employment Law primary teacher, young men be the most pleasant aspect City This summer the Utah Section of the Utah State president, elders quorum of his job, while contested State Bar honored Judge Bar and has participated president, and counselor child custody battles are Hutchings as Circuit Court as coach, panel judge, and distinctly unpleasant. He Judge of the Year. He has presiding judge in the Utah Steven R. Scow ’77 is currently part of the served as a member of State Bar sponsored High Steven has been a partner at Misdemeanor Rules the Utah State Bar Fee School Mock Trial Morse & Mowbray in Las Committee of the Idaho Arbitration Committee and Program. Michael serves as Vegas, Nevada, since 1984 Supreme Court Boyd’s the Utah Bar Journal first counselor in the elders He resides in Las Vegas and Church service has included Committee quorum presidency of the specializes in private civil callings as a member of the Clinton Tenth Ward. practice, which includes high council, a bishop and Cheryl Preston ’79 estates, trusts, and taxes gospel doctrine teacher. Cheryl was recently Jordan Clernents ’82 Steven had the opportunity promoted to vice president Jordan has a practice in to be involved with the Randell L. Wilkinson ’77 and assistant corporate corporatehusiness law at Howard Hughes’ estate Randell worked in the secretary at First Interstate Carr, McClellan, Ingersoll, and in the MGM hotel fire Orange County District Bank of Utah She joined Thompson & Horn in litigation. In the Church he Attorney’s office from First Interstate’s legal Burlingame, California has served as a counselor in graduation until 1986 department in 1987. Before He has done several large two bishoprics and the ward He currently sits as a judge joining the bank Cheryl was nonprofit hospital mergers mission leader and is now for the State of California. associated with Holme, and reorganizations. serving as deacons’ quorum In 1985 Randell authored a Roberts & Owen in Salt Jordan also facilitated the advisor/scoutmaster . bill, which was enacted by Lake City and O’Melveny conversion of three public

the California Legislature, & Myers in Los Angeles I hospitals to private, Dale W.Storer ’77 to increase the penalties for She has been a member of nonprofit institutions. These Dale was at Cox and Bowen drunk drivers who injure the Law School’s Board conversions were the first of for one year and then went multiple victims A few of Visitors, Utah Lawyers their kind in California. to Anderson, Pike &Bush, weeks after taking the bench for the Arts, and Women Jordan serves as bishop of where he maintains a as judge, be received Lawyers in Utah. the Hillsdale Ward. He has general practice. In addition national media attention also served as ward clerk, to his private practice, because of a traffic case D. Gary Beck ’82 seminary teacher, and elders Dale is the city attorney for he dismissed in the interest Gary has worked with the quorum president. Idaho Falls, Idaho He is of justice. The case U S. Coast Guard since representing the City in the involved a mother, six 1972. After graduating S. David Colton ’82 Washington Public Power months pregnant, who from BYU, he became an David is with Van Cott, Supply System (WPPSS) claimed she was entitled to assistant legal officer, Bagley, Cornwall & litigation, one of the largest drive in the “ride-sharing” and, in 1986, Gary was McCarthy in Salt Lake City, lawsuits ever filed in the lane on the freeway She appointed its an assistant where he practices in the history of the United States. argued that, as a pregnant professor of law at the areas of natural resources Dale has also served as woman, she was driving for U.S. Coast Guard and general corporate law. president of the Idaho City two. (Time, Feb. 2, 1987) Academy. In 1985 he He helped represent Attorneys Association Randell is also active in his successfully argued an Intermountain Health Care during the 1986-87 term ward He has held the entrapment defense against on tax-exemption issues in and is currently a legislative callings of seminary cocaine-related charges. counties throughout Utah committee member of the teacher, elders quorum The result was an acquittal David has served as an Association of Idaho Cities president, and young mens at U.S Coast Guard elders quorum president president, He is currently a Court-Martial proceedings and is currently a second Boyd B. White ’77 counselor in the bishopric in Hawaii Gary’s Church counselor in the bishopric Boyd worked at McDevitt, service has included callings Meyers &White in Boise, Michael L. Hutchings ’79 as bishop, stake executive James R. Layton ’82 Idaho until 1982, when he Michael has been serving as secretary, and second James was a federal judicial became a Magistrate Judge. a circuit court judge in Utah counselor in the stake clerk for a year following He hears all misdemeanor- since 1983. Appointed at presidency. graduation He lives in

39 Virginia and works for for one year and then spent a appointed executive director Clark Memorandum Vinson & Elkins’ year with Hamlin & Sasser, of the Utah Constitutional Washington, D.C , office. Boise, Idaho His present Revision Commission welcomes updates on job His areas of practice include employment is with In this capacity he has antitrust, complex Albertson’s Inc , where he supervised the revision changes, relocations, commercial, and practices real estate, of the Utah Constitution administrative litigation litigation, and general articles dealing with local promotions-whatever you James is representing the corporate law. Michael government and education. plaintiff in a $2 5 billion finds that his job allows him Robin is also serving as think others would be antitrust suit The plaintiff a sophisticated exposure to senior counsel to the Tax is a joint venture that corporate and real estate Recodification Commission interested in. You may also attempted to build a coal matters, and at the same and was the chief drafter of slurry pipeline from time enables him to the recently recodified Utah send letters to the editor. Wyoming to Arkansas. The supervise nationwide Tax Code. Robin’s civic defendants in the action are litigation. He has continued positions include serving a (Please include your name five western railroads his interest in music and term as the secretary of the theatre, some of his Utah State Bar’s Young and address 1 Send your Dan Livingston ’82 performances include Lawyer’s Section and as Dan worked five years for leading roles in “Music a member of the bar’s Law information to Editor, Clark O’Melveny & Meyers in Man,” “South Pacific,” Day and Law Related Los Angeles prior to joining “Sweeney Todd,” and Education Committee. He is Memorandum, 338 JRCB,

Call, Clayton & Jensen; “Camelot ” preparing two articles on a ten person firm located state taxation and one article Provo, Utah 84602. in Newport Beach. Dan Rick J. W.Riggers ’82 on the Utah Constitution for specializes in business Rick continues to utilize publication. In the Church litigation. After five smoggy the Japanese language he has served in three elders years in L.A , Dan loves skills acquired on his LDS quorum presidencies, as being five minutes from the mission While working for ward mission leader, and as office and the beach He is a Hansel1 & Post in Atlanta, gospel doctrine teacher counselor in the bishopric Georgia, he assisted approximately twenty-five IN MEMORIAM McKay Marsden ’82 Japanese corporations with McKay has “survived the their operations in Georgia. Gregg I. Alvord ’78 practice of law for six For obvious reasons Rick Gregg was killed in a years” and is working for specializes in international/ one-car accident in Southern Holme, Roberts & Owen’s corporate law. Some of his Utah in August 1988. Prior Salt Lake City branch other clients within that to his death he was a partner office. He specializes in scope are the Government at Jones, Waldo, HoIbrook federal taxation and estate of the Kingdom of Sweden, & McDonough in Salt Lake planning. He enjoys Church Mitsubishi Corp ~ and City. While at BYU Gregg service and has served as a Sumitomo Corp of Japan. served on the board of counselor in the elders Rick currently serves as editors of the Law Review quorum presidency. a member of the Japan/ He is survived by his wife America Society of and four children. Stephen R. Marsh ’82 Georgia, the Treasurer In recognition of his Stephen works with and President-Elect of contributions to the firm, his H. Deloyd Bailey in Wichita International Transactions law partners are establishing Falls, Texas. He specializes Section of the Atlanta Bar a scholarship fund in in personal injury and Association, and a memory of Gregg I. Alvord commercial litigation. campaign worker for the at the Law School. The Stephen still enjoys the thrill Atlanta Association for funds from the scholarship of winning at trial. Besides Retarded Citizens. will be used to assist a needy his law career, he is interested second- or third-year law in karate, writing, and various Robin L. Riggs ’82 student who has excelled entrepreneurial endeavors Robin began working academically. For addi- for the Utah Office of tional information about this Michael J. Read ’82 Legislative Research and memorial to Gregg , please Upon graduation Michael General Counsel following contact Dean Zobell at the clerked for Judge Durtschi graduation In 1985 he was Law School.