Spring 2001 LAW ALUMNI NEWS

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University of Minnesota Law School 229 19th Avenue South Nonprofit Org. Minneapolis, MN 55455 U.S. Postage PAID Minneapolis, MN Permit No. 155 cover S01a 3/29/01 5:39 PM Page 3

The Patriot, a 1984 acrylic by Carmen Cicero cover S01a 3/29/01 5:40 PM Page 4

LAW ALUMNI NEWS

DEAN E. Thomas Sullivan

EDITOR Terri Mische

EDITORIAL ASSISTANCE ContentsSPRING 2001 G. Mickelene Garnett

CONTRIBUTING WRITERS Susan Gainen Katherine Hedin Maury Landsman Martha Martin David Selden Linda Shimmin Amy Stine 22 Mary Thacker Tricia Baatz Torrey Carl Warren Janet Wigg Susan Wolf

Cover photograph PHOTOGRAPHERS Through the generosity of West Group and its Dan Kieffer parent company Thomson Legal Publishing, the Tim Rummelhoff University of Minnesota Law School has acquired Diane Walters 34 the country’s finest collection of law-related contemporary American art. The Patriot, a 1984 DESIGNER acrylic by Carmen Cicero, is one of several pieces Features displayed in the Law School. Jennifer Kaplan

Faculty Essay The Enduring Institution That is the Electoral College The Law Alumni News maga- By Dan Burk ...... 19 zine is published twice a year, in April and October, by the University of Minnesota Law Digital Legacies:The Arthur C. Pulling Rare Books Collection in Cyberspace School Office of Alumni Rela- By Katherine Hedin...... tions and Communications. The 24 magazine is one of the projects funded through the member- Hands Across the Water, Hands Across the Sky:The Minnesota Connection ship dues of the Law Alumni Association. By Tricia Baatz Torrey ...... 26 Correspondence should be addressed to the Editor, Office of Alumni Relations and Departments Communications, University of Minnesota Law School, The Dean’s Perspective...... 1 229-19th Avenue South, Minneapolis, MN Faculty News and Events ...... 2 55455-0444.

Faculty Research & Development ...... 7 The University of Minnesota is committed to the policy that all Faculty Publications ...... 14 persons shall have equal access to its programs, facili- Law School News and Events...... 32 ties and employment without Distinguished Alumni ...... 41 regard to race, color, creed, religion, national origin, sex, Class Notes...... 44 age, marital status, disability, public assistance status, veter- In Memoriam Tributes ...... 48 an status or sexual orientation. Faculty Scholarship ...... 52 cover S01a 3/29/01 5:40 PM Page 5

Class Notes News University of Minnesota Law Alumni Association Name: ______Class Year:______News/Comments: ______Officers Robert M. Kommerstad ’52, President ______Stephen F.Befort ’74, Treasurer ______Directors ______Term Ending 2001 ______Catherine L.Anderson ’73, Minneapolis,MN Ronald D.Aucutt ’75, McLean,VA ______Walter A. Bowser ’74, St. Paul,MN ______Dennis R. Homerin ’68, Chicago,IL R.Ann Huntrods ’81, St. Paul,MN ______Christopher J. Kopka ’98, Minneapolis,MN ______Robert M. Moore ’69, Rochester,MN Thomas M. Newcomb ’76, Vienna,VA Ronald J. Schutz ’81, Minneapolis,MN — OR — Madge S.Thorsen ’77, Minneapolis,MN Kenneth R.White ’82, Mankato,MN Timothy Y.Wong ’86, St. Paul,MN

Change of Address Term Ending 2002 Philip C. Carruthers ’79, St. Paul,MN Joseph T. Dixon ’69, Minneapolis,MN Name: ______Class Year:______R. Hugh Magill ’85, Chicago,IL Firm/Company: ______Laura H. Miles ’47, Wayzata,MN Martha A. Mills ’65, Chicago,IL Business Address: ______Thomas J. Moore ’74, Denver,CO ______Lynn M. Roberson ’79, Atlanta,GA Michael R. Sieben ’72, Hastings,MN ______Michael P.Sullivan ’62, Minneapolis,MN Business Phone: ( ) ______David L.White ’72, Phoenix,AZ

Fax: ( ) ______Term Ending 2003 Timothy W.Bellows ’75, Punta Gorda,FL E-mail: ______Stacy L. Bettison ’99, Chicago,IL Home Address: ______Christopher J. Chaput ’85, New York,NY A. James Dickinson ’65, St. Paul,MN ______Neil K. Fulton ’97, Pierre,SD ______Patrice A. Halbach ’80, Minneapolis,MN Ronald A. Jacks ’59, Chicago,IL Home Phone: ( ) ______Robert M. Kommerstad ’52, Pasadena,CA I prefer my mail to be sent to my: ❑ Home ❑ Work Edmundo D. Lijo ’86, St. Paul,MN Erica D. McGrady ’96, Washington,D.C. Mitchell W.Quick ’90, Milwaukee,WI Send your Class Notes or Changes to: Mary S. Ranum ’83, Minneapolis,MN Law Alumni Association Brian J. Schoenborn ’95, St. Cloud,MN John R.Tunheim ’80, Minneapolis,MN University of Minnesota Law School 229 19th Avenue South E.Thomas Sullivan, Dean Minneapolis MN 55455 or e-mail to Terri Mische at [email protected] or fax to Terri Mische at 612/625-2011. fac news S01 3/29/01 5:44 PM Page 1

Dean’s Perspective s you receive this spring issue of the Law Alumni News, we are preparing for a gala dedication on May 17 of the new addition to the Law School building.At its AMarch meeting, the Board of Regents of the University of Minnesota unanimously approved the naming of the Law School building in honor of Walter F.Mondale. Former President Jimmy Carter will be with us on May 17th to recognize the great accomplishments of Vice President Mondale, and to lead us in our dedication ceremonies.We hope as many of our alumni as possible will be in attendance for this celebratory event in the history of the Law School.

Throughout this issue of the Law Alumni News, the recurring theme is the Law School’s international connections. From the significant contributions made by Ambassador Walter Mondale, when he served as the United States Ambassador to Japan, to the many ways in which our alumni practice today in the global arena, we are reminded of the importance of our expanding world, whether in teaching law or practicing law.

As I have written before, the complexities of 21st century law, society, and technology place unprecedented demands upon our graduates.As we near the end of our successful Campaign Minnesota:The Law School’s Next Century, we are confident that this Law Dean E. Thomas School will be one of the first law school’s in the country to fully achieve our aspirations Sullivan of an integrated curriculum uniting theory and doctrine with skills and practice. Our students should be able to see our curriculum as a seamless web where theory, doctrine, ethics, and skills are woven throughout the curriculum in ways that permit students to excel in building analytical and communication skills for the practice of law in an inter- connected world.

With the completion of the new addition to Mondale Hall, for the first time we will have the physical space and environment that will allow us to achieve our curriculum’s goals with physical surroundings that are conducive to new technologies, new pedagogies, and expanded clinical and lawyering skills programs.This new state-of-the-art facility will permit us to increase our support of all students. Importantly, the design of the new completed facility will facilitate architecturally a more natural professional interaction between faculty and students throughout the building.

We look forward to having you with us for the historic celebration on May 17. I am confident that you will enjoy the activities of the day and our beautiful new environment.

Dean and William S. Pattee Professor of Law

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Faculty News and Events Bob Levy Retires ince momentum and the idea of repose are by nature con- Stradictory, it seems somehow antithetical to write a story of Robert Levy’s retirement.

Professor Levy, who joined the faculty at Minnesota in 1959, has taught family law, divorce negotiations, criminal law and a criminal law sentencing workshop for visiting judges and students. In fact, he will continue to teach both the divorce negotiations and sentencing seminar next year, because “the dean and faculty would like those to continue, and also because we think the sentencing seminar is a very important part of the Criminal Justice Institute’s activities.” Levy also expressed “a great national need” for the workshop, and will The Levy Family be active in helping both Arizona State University Law (back row) Chuck Rennert, Val Rennert, Professor Bob Levy, Josh School and Golden Gate Law School in San Francisco adopt Levy, (front row) Emily Rennert, Jenna Rennert, Judge Roberta the program. Levy, Jake Levy, Jon Levy, Beth Virnig and Zach Levy in the pouch. The purpose of the seminar is to help practicing lawyers, stu- 1962, students who were not on law review were required to dents and judges consider alternative, non-prison sentences spend three days a week at the Legal Aid Society downtown.) for defendants, which may include such things as community service, electronic monitoring, or even going to school.“The Professor Levy also remembers how much smaller the Law important thing, given the over-crowded conditions of our School was when he first arrived, with only seventeen faculty prisons, is to find punishments which will be recognized as and 90 students.“The school is much larger, the building, fac- punishment, deter others, that will deter the defendant from ulty, student body, the number of activities. It has its conse- doing criminal acts again, and also to help the defendant quences, if you measure state by state, the students are better, become a more law-abiding citizen.The client-specific plan- but it’s a different experience working at a large institution. ners (who participate in the alternative sentencing process) are Back then everybody knew everybody else. It used to be that very skilled not only in finding theses penalties, but in finding Dean Bill Lockhart could sit in his office and see each faculty a mentor for the defendant during his time on probation. member every day as he came and left.That would be impos- They’re also very skilled at presenting the cases to judges so sible today, it’s just different.” they will understand other choices instead of simply having a knee-jerk reaction and sentencing the person to prison. It’s a Professor Levy also is working on a book about the prosecu- very good seminar and students love it because they learn a tion of child abuse cases.“Until I finish this book, I’ll be lot,” Levy said. working hard, I’m not going to be a couch potato,” he said, “and I’m going to continue my work and try to expand the Professor Levy came to the University of Minnesota Law sentencing seminar to other schools.The whole purpose of it School as an antitrust lawyer, and he hoped to teach antitrust, is to help judges reexamine their values about sentencing, and even though there already was an antitrust professor on the I think it’s clear that some of them think differently after faculty.“It turned out he left the same time the family law the seminar. I’ve seen evidence that it’s making a difference professor did, so the Dean said I could teach antitrust, but in judges.” only if I taught family law as well so it started out to be a duty rather than something I would have chosen myself, but I Professor Levy also plans on spending more leisure time got interested in it very quickly, and also in the clinical aspects with his wife, Judge Roberta Levy, their children and of it.After my first year here, I was awarded a grant to start grandchildren. the first in-house clinical program, a broad, family-based law clinic which involved neglect, adoption and divorce cases, and I started an interviewing and counseling program. (Before

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Faculty News and Events

beautiful areas than by preserving too many, because the lat- David Bryden Retires ter kind of decision is always reversible and the former is not.” He added,“I don’t particularly like machines, and some “In our family,there was no clear line between people love them, so I’m inclined to zone.” religion and fly fishing.” In 1983 Professor Bryden, along with Professor Daniel Farber, —Norman Maclean co-founded Constitutional Commentary, a faculty-edited journal A River Runs Through It of constitutional law. Professor Bryden said that he and a former Minnesota Law Professor,Allen Freeman, used to fanta- ith an impressive career that combined personal con- size about a journal that would be less formal and less rever- Wvictions and pastimes with academic scholarship, David ent than student-edited law reviews, which “As Professor Fred Bryden is ready to retire after 35 years as professor at the Rodell once said, have only two faults, the style and the con- University of Minnesota Law School. He is looking forward tent,” Bryden quipped. to more reading, writing, cooking and fly fishing. During his career as a faculty member, Professor Bryden has Looking back on his taught Contracts,Torts, Constitutional Law, Expository Writ- long career at the Law ing, Case Analysis, Criminal Law, a rape seminar and a course School, Professor Bry- called Obligation to Life. He is currently working on a book den has enjoyed teach- about rape, which includes two articles he wrote on the sub- ing an ever-changing ject and a third he is writing about the ideology of rape. He body of students.“The commented that there are a lot of studies and theories on the school has become so subject, some more valuable than others.“It’s a difficult topic, much more interna- prejudice is extremely powerful in any field that people are tional,” Bryden said,“if emotional about,” Bryden said. someone had told me in 1966 that I’d have a Besides his writing, Bryden looks forward to spending more class with Asian,Turkish time in the kitchen cooking pastas and stews.“It’s a nice hob- and German students, by,” he said,“because unlike fishing, it’s not dependent on the I would have weather.You have to eat anyway, so it has a practical aspect. It’s been amazed.” infinitely adjustable and variable to your level of ability and you don’t have to drive two and a half hours as you often do Professor Bryden, who with fishing. I’m glad I found it.” drafted and then lob- David Bryden practicing for bied for the Minnesota retirement. Wild and Scenic Rivers Act, which is the most restrictive state river preservation act in the country, spoke of his past involvement with the Sierra Club,“On many issues my prejudices are on the conservative side; on environmental issues they are on the liberal side…which isn’t to say that I think the environmentalists are always right. I’ve known environmentalists who make extreme, foolish proposals, but I think that by and large, it’s easier to find areas where we don’t regulate strictly enough than to find areas where we regulate too strictly. So my prejudices are with the Sierra Club.That’s affected by my fishing, of course, because trout streams are particularly vulnerable to development, and as soon as you find a nice one people start bringing in trail bikes and bulldozers and so on, so I’m very sensitive to that type of issue. In general I think the natural course of thinking is for the country to become one great big urban area and that we’re more likely to do harm by not preserving

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Faculty News and Events

What’s in a Name? Privacy, Property Rights and Free Faculty Scholarly Presentations Expression in the New The Law School hosts a weekly luncheon presentation by members of the faculty, faculty from Communications Media other departments of the University and visitors from other law schools. Listed below are the Professor Jane Kirtley, 2000–01 presentations: School of Journalism, Cyberliteracy: Navigating the Multidisciplinary Practice and Avoiding Constitutional University of Minnesota Internet with Awareness the Future of the Legal Questions As a Professor Laura Gurak, Profession: Considering a Role Three-Branch Problem Unions and Family Leave: Department of Rhetoric, for Independent Directors Professor William Kelley, Early Experience Under the University of Minnesota Professor John Matheson, Notre Dame Law School Family and Medical Leave Act University of Minnesota Professor John Budd, Expressivist Jurisprudence and Law School Carlson School of the Depletion of Meaning Management, University of Minnesota Professor Steven Smith, Tobacco Punitive Damages: Notre Dame Law School Engle’s $145 Billion Visiting Professor All About Words,Early Understandings of the “Judicial Science and the Statistical George Mundstock, Power” in Statutory Victim:The Case of Silicone University of Minnesota Interpretation,1776–1806 Gel Breast Implants Law School Professor William Professor Sheila Jasanoff, Eskridge, Jr.,Yale Kennedy School of Cambodia and Reconciliation A County-Level Comparison of University School of Law Government, Harvard Professor Ben Kiernan, The Propensity to Sentence University Yale University Felons to Prison Professor Richard Frase The Yahoo! Case and the International Democratization Tribal-State Affairs:American Proposed Draft Principles and Robert Weidner, of the Internet States as “Disclaiming” Relating to Human Rights Institute on Criminal Justice, Professor Joel Sovereigns Conduct by Companies University of Minnesota Law School Reidenberg, Fordham Professor David Wilkins, Professor David University School of Law American Indian Studies, Weissbrodt, University of University of Minnesota Minnesota Law School Copyright Law and Price Discrimination Professor Mahmood Zaidi, Carlson School of Comparing Pollution The Ambidextrous Lawyer: Professor Michael Meurer, Boston University Management, University of Professor John Nagle, Conflict of Interest and the School of Law Minnesota Notre Dame Law School Medieval Legal Profession Professor Jonathan Rose, Rent Seeking and Risk Fixing Inventing Family Law Currencies and the Arizona State University in the New Statutory Law of Professor Ira Mark Commodification of Electronic Commerce: Some Ellman,Arizona State Environmental Law Social Meaning and Difficulties in Moving University College of Law School Vouchers Professor J.B. Ruhl, Consumer Protection on Line Florida State University Professor Neal Devins, Professor Jean Braucher, College of Law College of William and How Race Matters: Racial and University of Arizona Mary, Marshall-Wythe Political Identity in the Racial College of Law Redistricting Cases Toward An International Fair Law School Professor Guy Charles, Use Doctrine The Uncertain Prospects of,and University of Minnesota National Politics as Professor Ruth Okediji, Benefits From,Convergence in Law School International Process:The University of Oklahoma Corporate Governance Law Center Case of Anti-Female-Genital- Cutting Laws Professor Brett McDonnell, University of Professor Elizabeth Minnesota Law School Boyle, Department of Sociology, University of Minnesota

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Faculty News and Events AALS Presentations he Association of American Law Schools (AALS) Annual TMeeting affords an international forum for law teachers, librarians, and law school administrators to discuss issues fac- ing today’s law schools.The theme of the 2001 Annual Meet- ing was “Pursuing Equal Justice.” Listed below are the names of the members of the University of Minnesota Law School community who were honored with an invitation to present as a panelist and/or a moderator at the 2001 meeting: Pictured are: Patrick Schiltz, Associate Dean, St. Thomas Univer- Professor Laura Cooper Professor Joan Howland sity Law School; J. David Prince, Vice Dean, William Mitchell College of Law; Elliott S. Milstein, 2000 President of the Associa- Alternative Resolution of Distance Education in Law tion of American Law Schools; Lucie E. White, Louis A Horvitz Employment Discrimination Schools: Rhetoric vs. Reality; Claims:American and Aus- Passion vs. Practicality Professor, Harvard University School of Law was the Colloquia tralian Experiences Featured Speaker; Edwin J. Butterfoss, Dean, Hamline University School of Law; and University of Minnesota Law School Dean, E. Professor David Thomas Sullivan. Susan Curry McGowan Law School Partnerships with Understanding Antitrust in Association of American Law Law Firms and Public Service the 21st Century Schools Equal Justice Colloquium Offices Meredith McQuaid he Association of American Law Schools (AALS) spon- Professor Daniel Farber Making the Right Connections: Tsored colloquia at 19 law schools across the United States Association of American Law Developing Contacts for during the 2000–01 academic year.The University of Min- Schools and American Society International Legal Exchange nesota hosted one of the colloquia on Friday, November 10, of International Law Joint 2000 in cooperation with the other three area law schools, Workshop on Shifting Terri Mische Hamline University,William Mitchell, St.Thomas University, Boundaries: Globalization and the Minnesota Justice Foundation. and Its Discontents Media Relations: How to Attract Ink and Air The Colloquium was designed for faculty, administrators, Environmental Session librarians, law students, legal services lawyers, public defenders, Professor john a. powell public interest lawyers, civil rights lawyers, pro bono lawyers Professor Mary Louise advocates and others who were interested in increased access Fellows Workshop on Property,Wealth and Inequality to justice by 1) creating and enhancing collaborations among The Popular QTIP Marital faculty, students and legal service providers and 2) advancing Deduction: Sexism in Estate Education/Technology teaching, service and scholarship by faculty and students in Planning? Inequality Session the areas of equal access to justice.

Mark Your Calendar University of Minnesota Homecoming Saturday, October 20, 2001

Annual Continuing Legal Education Seminar Participants enjoy good company and Invitations will be mailed in September food at the Annual Alumni Breakfast held at the 2001 Association of American Law Schools Annual Meeting on Friday, January 5 in San Francisco, California.

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Faculty News and Events

Affiliated Faculty Drive Scholarship to the Intersection of History, Sociology and Law fter graduating from the naïve.” She recognized an tions Board made decisions, AUniversity of Michigan interest in the intersection and this piqued her interest Law School in 1983, Barbara between law and sociology enough to lead serendipi- Welke immediately went and decided to attend law tously to her interest and into private practice with the school.“I chose Yale because research for her dissertation, firm of Jenner & Block in it is very social-science ori- Limits on Technocratization of Chicago.After a few years of ented; I wasn’t sure if I want- the Law:The Elimination of the white-collar criminal repre- ed to practice law or return NLRB’s Division of Economic sentation she decided she to scholarship.” She did a Research. She earned her missed her earlier course of summer clerkship and dis- Ph.D. in Sociology from the study—history—and decided Robin Stryker covered she liked law “from University of Wisconsin and to get her Ph.D. in U.S. the inside” much more than before coming to Minnesota Diplomatic History from the she thought she would, but she taught both sociology University of Chicago. after a time it became clear and law at the University of to her “that as long as I Iowa. Currently, she is a pro- “After two years I decided I could do the kind of inter- fessor of sociology at the loved law and missed it, disciplinary scholarship I University of Minnesota. which led me to move into wanted to do and be Stryker has written exten- and write in the area of legal employed that was what I sively, including a forthcom- history,”Welke said.“I was would try, and happily it ing book, Law,Politics and interested in the role of gen- worked out very well.” Social Inequality, co-authored der and law and started look- While in a labor law class at with Mellisa Holtzman. She ing in the field of torts and Barbara Welke Yale, a professor complained teaches in the areas of Law contracts law at the turn of about the manner in which and Society and Political the 20th century.”Welke the National Labor Rela- Sociology. soon realized that it was coming book called Recasting impossible to look at torts American Liberty: Gender, and contracts law during that Race,Law and the Railroad period without reading about Revolution,1865– 1920 railroads, which dominated (Cambridge University Press, the cases during that period Fall 2001). Currently,Welke of time.Though she had not holds a McKnight Land- originally considered writing Grant Professorship at the about railroads, she found it University of Minnesota in provided a unifying theme the Department of History. for her three areas of interest, She hopes to teach a gradu- including “important inter- ate seminar in the future so sections of the individual and that law students will be able the state: with respect to the to enroll in her class. body, accidental injury, with respect to the mind, emo- Robin Stryker said,“It never tional injuries and shock, really occurred to me to do with respect to personhood, anything else in life but be a the development of separate sociology professor, but Faculty Experts Address Bush vs. Gore but equal, or Jim Crow laws.” while I was studying sociology, I always was interested and the U. S. Supreme Court She has written and pub- in inequality, labor markets lished widely on the topic, and politics.When I started On Tuesday, November 28, in the great tradition of legal including the articles “When reading what sociologists and debate, Professors Michael Stokes Paulsen, Guy Charles All the Women Were White, political scientists were writ- and Dale Carpenter offered comments and opinions during and All the Blacks Were ing about, it became clear a panel discussion on issues relevant to the case brought Men: Gender, Class, Race that law was very important by (then) Governor Bush before the Supreme Court, and the Road to Plessy, in shaping both.Yet what I including the voting laws, constitutional laws and 1855–1914” (Law and History read seemed to be quite federalism issues presented by the parties. Dean Sullivan Review,1995 ) and a forth- abstract, general and quite served as moderator.

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Beverly Balos completed an article entitled “Teaching neutra,” bureaucracy. Professor Boyle also presented “Interna- Prostitution Seriously,” that will be published in the Buffalo tional Norms and Individual Behavior:The Case of Female Criminal Law Review. She also completed the 2000 Supple- Genital Cutting” at the annual meetings of the American ment to the book Law and Violence Against Women: Cases and Sociological Association in Washington, D.C. in August, 2000. Materials on Systems of Oppression with coauthor Mary Louise The presentation included the results of her NSF-funded Fellows. In November, Professor Balos participated in the research. Her article,“Modern Law as a Secularized and Association of American Law Schools (AALS) sponsored Global Model: Implications for the Sociology of Law,” with Equal Access to Justice Conference held at the law school John W.Meyer, is scheduled to be reprinted this year as a where she co-lead a discussion on battered women’s issues. chapter in The Rule of Law in an International Context, edited by Yves Dezalay and Bryant Garth, published by the Universi- Stephen F. Befort has authored three publications ty of Michigan Press. concerning the Americans with Disabilities Act.The first is an article, coauthored by Tracey Holmes Donesky, entitled Dan L. Burk continues an active program of scholar- “Reassignment Under the Americans with Disabilities Act: ship in matters of intellectual property and high technology Reasonable Accommodation,Affirmative Action, or Both?” law. In November 2000, Professor Burk spoke at the sympo- This article will be published in the Washington & Lee Law sium on “Copyright’s Balance in an Internet World” at the Review.A second piece, entitled “ADA Presents an Unpre- University of Dayton School of Law. During the annual con- dictable Landscape,” was published by Minnesota Lawyer as part ference of the American Association of Law Schools, he was of a special focus edition on employment law topics.The elected Chair of the Section on Intellectual Property, and has third article is entitled “Is Anyone Still Disabled Under the begun planning the program for the January 2003 program ADA?:A Review of Appellate Decisions Following the Sut- in Atlanta. He spoke in February 2001 at the University of ton Trilogy.”This paper was published in 2000 Employment Northern Kentucky on “Anti-Circumvention Misuse” at a Law Handbook and presented at both at the Upper Midwest symposium on “Issues Affecting the Internet and Its Gover- Employment Law Institute in St. Paul and the Labor Law nance.” During February Professor Burk also spoke at a sym- Institute in St. Louis. Professor Befort also prepared a 2000- posium on “Consumers in the Digital Age” sponsored by the 2001 Supplement to his Employment Law and Practice book for University of California Hastings College of Law, and pre- West Publishing.Along with Sarah Link, he contributed an sented his paper “Patenting Speech” at faculty workshops at article on “ WARN Act Developments” for the most recent Washington & Lee University and Arizona State University. issue of Labor and Employment Law News, a publication of the During his visit to Arizona State, Professor Burk also spoke Minnesota State Bar Association (MSBA). In another MSBA to the Law and Science Student Association on “Lex Geneti- project, Professor Befort is co-chair of a committee charged ca: Governing through Biological Code.” His article on with constructing a new employment law web resource site. “Copyrightable Functions and Patentable Speech” appeared Professor Befort currently is serving as the Law School’s Asso- in a special February 2001 issue of Communications of the ciate Dean for Academic Affairs. ACM devoted to “Intellectual Property in an Information Age.” Professor Burk has in preparation or in press several Elizabeth Heger Boyle researches international additional articles dealing with subjects including regulation and comparative law from a sociological perspective. Over the of digital content management systems, control of genetic past year, she published four articles.The first,“National Leg- data, and divergence of patentability standards for biotechnol- islating as an International Process:The Case of Anti-Female- ogy and computer software. Genital-Cutting Laws,” with Sharon Preves, considers the ten- sion between international pressure and local politics and was Jim Chen was named the Julius E. Davis Professor of published in The Law & Society Review. In “Is Law the Rule? Law for the 2000–2001 academic year. He taught as a visiting Using Political Frames to Explain Cross-National Variation in professor at the Slovak Agricultural University in Nitra Legal Activity,” published in Social Forces, Professor Boyle uses (Slovenská Pol’nohospodpárska Univerzita v Nitre). During statistics to assess how state centralization and other aspects of his stay in Europe, he participated in the 2000 meeting of the political structure influence the use of legal systems above and European Association of Law and Economics in Ghent, Bel- beyond the individual motivations involved. In her third arti- gium, where he presented “Standing in the Shadows of cle,“Gesture Without Motion? Poetry and Politics in Africa,” Giants:The Role of Intergenerational Equity in Telecommu- published in Human Rights Review, she defends the South nications Reform.”That paper, which concerns universal ser- African Truth and Reconciliation Commission as a positive vice and stranded cost recovery under the Telecommunica- and concrete influence on the enforcement of human rights tions Act of 1996, was published in the University of Colorado globally. Finally, Professor Boyle published “Gender and Pro- Law Review. His article,“Globalization and Its Losers,” became fessional Purity:The Effect of Occupational Prestige on the the subject of a symposium in the Minnesota Journal of Global Formal and Informal Work Rewards of Physicians in Estonia,” Trade.That journal also published Professor Chen’s reply to his with Donald Barr in Gender and Society.That article examined critics,“Epiphytic Economics and the Politics of Place.” the persistence of gender discrimination, even in a “gender Drawing on his experiences in Europe during the fall of

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2000, he completed his trilogy of articles on globalization by Brad Clary published Advocacy on Appeal with co- publishing “Pax Mercatoria: Globalization as a Second authors Sharon Reich Paulsen and Michael Vanselow.The Chance at ‘Peace for Our Time’” in the Fordham International same authoring team is working on a handbook on Deposi- Law Journal. In recent months he has completed three other tions for West Group. Professor Clary continues to work as articles:“Diversity and Deadlock:Transcending Conventional site chair on the upcoming national conference that will be Wisdom on the Relationship Between Biological Diversity sponsored by the University of Minnesota, the Association of and Intellectual Property,” for the Environmental Law Reporter, Legal Writing Directors, and West Group on the subject of “The Authority to Regulate Broadband Internet Access over integrating doctrine, skills and legal writing across the law Cable” for the Berkeley Technology Law Journal, and “Rational school curriculum. In December, he gave a presentation on Basis Revue,” for Constitutional Commentary. Professor Chen “Busting Baby Food,” a look at the Federal Trade Commis- has presented his work on broadband and biodiversity at the sion antitrust case against the Heinz proposed merger with University of Washington, the College of William and Mary, Beech-Nut, to the Minnesota State Bar Association antitrust and the University of California at Berkeley. He also partici- and health law sections. pated in a conference at Stanford University on the policy implications of the “end-to-end” architecture of the Internet Barry Feld spoke at the Cleveland-Marshall College of and in the University of Minnesota’s conference on the regu- Law Criminal Justice Forum on February 22, 2001 on the lation of genetically modified organisms. topic “Race,‘Get Tough’ Politics, and the Transformation of the Juvenile Court.” Professor Feld gave the following three Carol Chomsky completed work on her article enti- presentations during fall semester:“The Back-Door to tled “Unlocking the Mysteries of Holy Trinity: Spirit, Letter, Prison:Waiver Reform,‘Blended Sentences,’ and the Law of and History in Statutory Interpretation,” which appeared in Unintended Consequences,” to the American Society of the Columbia Law Review.With Professor Maury Landsman, Criminology in San Francisco, California on November 15, she wrote an article entitled “Introducing Negotiation and 2000;“Race and the Jurisprudence of Juvenile Justice:A Tale Drafting into the Contracts in Two Parts, 1950–2000,” at the John D. and Catherine T. Classroom,” which appeared in a MacArthur Foundation in Chicago on October 12, 2000; symposium issue of the St. Louis and “Race and the Changing Jurisprudence of Waiver,” on University Law Journal focused on December 14, 2000, at the Office of Juvenile Justice and the teaching of contracts.The Delinquency Prevention’s National Conference of Juvenile article was based on their collab- Justice in Washington, D.C. In addition, he has been quoted oration preparing and teaching a extensively in local and national media in stories about juve- negotiation and drafting simula- nile and criminal justice. tion problem as part of Professor Chomsky’s Contracts class. She Richard S. Frase presented two papers at the 2000 also published a memorial trib- Annual Meeting of the American Society of Criminology. ute to the judge for whom she One paper compares sentencing laws and practices in Ger- Carol Chomsky clerked, the Honorable many and the United States, with emphasis on Germany’s Spottswood W.Robinson, III, much more frequent use of non-custodial sanctions in the which appeared in the Harvard Black Letter Law Journal in sentencing of non-violent offenses.The other paper, co- 1999. She is currently working with Professor Christina Kunz authored with criminologist Robert Weidner of the Law of William Mitchell Law School to write a new textbook for School’s Institute on Criminal Justice, examines variations in Commercial Transactions/Sales, which will be submitted to felony sentencing among American counties. In September, publishers in March 2001.As part of For the Record: 150 Years Professor Frase filed an amicus curiae brief in the United of Law & Lawyers in Minnesota, published by the Minnesota States Supreme Court, in the case of Atwater et al. v.City of State Bar Association in 1999, she wrote “The Dakota Con- Lago Vista,et al.(argued December 4, 2000).The case involves flict War Trials” and, with Cheryl Thomas and Terri Stone- a Texas woman who was arrested, handcuffed, and taken to burner,“Women in the Profession: Full and Equal Participa- jail for not wearing a seat belt.Although the maximum penal- tion.” She also presented her paper,“The Hamantash and the ty for this violation is a $50 fine,Texas law gives police offi- Foundations of Modern Legal Analysis,” as part of the 2nd cers discretion either to issue a traffic ticket or to effect a cus- annual Latke-Hamantashen Debate at the University of Min- todial arrest.The constitutional issue presented to the Court is nesota, March 13, 2000. Professor Chomsky continues as whether a full-custody arrest for a fine-only offense, where Coordinator for the University’s Bush Early Career Faculty the offender’s identity and home address are well-established Program: Pursuing Teaching Excellence in a Multicultural and there is no other legitimate need for custody, constitutes University, and serves as Co-President of the Society of an unreasonable seizure under the Fourth Amendment.The American Law Teachers. broader issues involved include the potential for discriminato- ry enforcement, and the impact which such unnecessary arrests have on the already over-burdened resources of local

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jails. Problems of jail overcrowding are one of the issues Joan S. Howland moderated a program entitled which have recently been addressed by the Law School’s “Distance Education in the Law School Environment:Vision Institute on Criminal Justice.The amicus brief was filed on vs. Reality, Passion vs. Practicality” at the American Associa- behalf of the Institute and eleven leading experts on law tion of Law School (AALS) Annual Meeting in January, 2001. enforcement, corrections administration, and criminal justice Professor Howland recently completed a term as Chair of the policy. In early December, 2000, Professor Frase made a pre- AALS Committee on Libraries and Technology, and has been sentation on Sentencing Guidelines in Minnesota and other appointed to serve on the AALS Nominating Committee. states to the newly-appointed Alabama Sentencing Commis- Professor Howland will speak at the joint conference of the sion.Also in December, the 2000 Supplement to Professor Southeastern Association of Law Libraries and Southwestern Frase’s book, Minnesota Misdemeanors and Moving Traffic Viola- Association of Law Libraries in April on the topic “Leaders as tions, co-authored with Martin J. Costello & Stephen M. Problem Solvers.” She will speak on a program entitled “The Simon, was published by Lexis Law Publishers. In March, Young and the Restless:What are the Realities of Professional 2001, Oxford University Press published Professor Frase’s Growth for New Academic Librarians” at the 2001 American book, jointly edited with Professor Michael Tonry, Sentencing Association of Law Libraries Annual Meeting. She also is and Sanctions in Western Countries.This book contains edited coordinating and speaking on the 2001 American Library versions of papers presented at an international conference on Association Annual Conference program,“Mentoring:An sentencing, which Professors Frase and Tonry hosted at the Opportunity for Building a Strong, Dynamic, Evolving and Law School in 1998.The book includes a chapter by Profes- Diverse Library Profession.” Professor Howland will serve as a sor Frase entitled “International Perspectives on Sentencing delegate from the American Indian Library Association to the Policy and Research.”This essay identifies major similarities Second International Indigenous Librarians Forum to be and differences in sentencing purposes, procedures, alterna- hosted by the Sami community in Sweden in September. She tives, and practices in Western countries, along with common has been asked to serve on the American Bar Association Sec- trends in these countries.The similarities and common trends tion of Legal Education and Admissions to the Bar Commit- make the remaining differences (e.g., other countries’ wider tee on Accreditation. Professor Howland recently published an use of intermediate sanctions) all the more instructive, com- article entitled “Transforming Law Libraries to Meet the parative research, and reform “borrowing,” are becoming Challenges of the 21st Century” in Trends in Law Library Man- more feasible, as systems become more similar. agement and Technology. She published an article entitled “Chal- lenges of Working in a Multi-Cultural Environment” in the Daniel J. Gifford and Professor Robert Kudrle pre- Journal of Library Administration. She also has a forthcoming sented their paper,“Alternative National Merger Standards article “Technological Access and Equality in Indian Coun- and the Prospects for International Cooperation,” at an inter- try” which will appear in Library Journal. national Trade Conference held at the University of Minneso- ta in honor of Professor Robert Hudec last September.They Sally J. Kenney began work on two new projects.The had presented an earlier version first, is a comparative study of how the gender of judges of that paper at Fuden Universi- becomes a political issue. She presented a paper entitled ty in Shanghai in June. Professor “Breaking the Silence: Gender Mainstreaming and the Euro- Gifford’s article “Innovation and pean,” at a conference on Gender Mainstreaming at the Uni- Creativity in the Fine Arts:The versity of Wisconsin, Madison.The paper analyzes the process- Relevance and Irrelevance of es leading to the appointment of the first woman judge on Copyright,” is pending publica- the European Court of Justice. Professor Kenney spent the tion in the Cardozo Arts and summer conducting interviews and exploring the archives of Entertainment Law Journal. His the Minnesota Historical Society researching the appointment article “Why does a Conserva- of Rosalie Wahl to the Minnesota Supreme Court in 1977. tive Court Rule in Favor of a She secured funding for and lead an interdisciplinary institute Liberal Government? The of scholars, activists, and extension educators to produce Daniel J. Gifford Cohen-Spitzer Analysis and the teaching case studies of feminist organizations during the Constitutional Scheme,” is summer of 2000.The eight cases are now in production to be awaiting publication in the Florida State University Law Review. posted on the worldwide web. Professor Kenney presented Professor Gifford and Professor David McGowan have writ- the results of this project at the annual meeting of the Sociol- ten a second article on the Microsoft litigation,“A Microsoft ogists for Women and Society in February, 2001. Her analysis Prologue.”This article will appear in a special publication by of the shortcomings of existing cases and assessment of the the Antitrust Bulletin, focusing on that litigation. Professor Gif- case teaching method resulted in two articles,“Using the ford is also presenting a paper on monopolization at a confer- Master’s Tools to Dismantle the Master’s House: Can We Har- ence in Columbus, Ohio in the spring. ness theVirtues of Case Teaching?” forthcoming in the Journal of Policy Analysis and Management,“Where Are the Women in Public Policy Cases?” Under review for the inaugural issue of the Harvard Journal of Women and Public Policy. She completed her work on law clerks, publishing her NSF-funded research “Beyond Principals and Agents: Law Clerks at the European Court of Justice and U.S. Supreme Court Compared” in

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Comparative Political Studies in June 2000. She also wrote an for Independent Directors,” in the Loyola University of Chicago essay reviewing the scholarly literature on law clerks entitled Law Journal, with co-author Peter Favorite;“A Statutory “Puppeteers or Agents? What Lazarus’s Closed Chambers Model For Corporate Constituency Concerns,” in the Emory Adds to Our Understanding of Law Clerks,” Law & Social Law Journal, with co-author Edward S.Adams; and “The Inquiry, (2000).The Humphrey Institute faculty and Dean Doctrine of Piercing the Veil in an Era of Multiple Limited recently recommended that she be promoted to full professor. Liability Entities:An Opportunity to Codify the Test for Waiving Owners’ Limited Liability Protection,” in the Wash- Maury S. Landsman continues to serve as a consul- ington Law Review, with co-author Raymond B. Eby. He also tant on judicial ethics for the Minnesota Office of Adminis- published annual supplements to Corporation Law and Practice trative Hearings, and as consultant on the ethics and elimina- and his Business Law Deskbook,Volumes 18, 19 and 20 of the tion of bias curricula for Minnesota Continuing Legal Educa- Minnesota Practice Series, as well as an annual supplement to tion (CLE). He is presently acting as a judicial ethics consul- his Publicly Traded Corporations Treatise. Professor Matheson was tant on a project for the National Center for State Courts. named inaugural co-director of the Law School’s newly- Professor Landsman served as Coordinator for the Association formed Kommerstad Center for Business Law and Entrepre- of American Law Schools Equal Access to Justice Colloquium neurship, which will feature entrepreneurial grants for stu- that was held on November 10, 2000 at the University of dents interested in pursuing entrepreneurial careers, a Journal Minnesota Law School. He presented a draft of a paper, co- of Business Law and Entrepreneurship, a lecture series by authored with Professor Steven McNeel of Bethel College, leading business and legal authorities, and a Business Law entitled “Moral Judgment and Preference for Public Interest Clinic. Professor Matheson continued to serve as Director of Law Practice among Beginning Law Student” on July 7, 2000 Continuing Legal Education Programs for the Law School, at the 26th annual conference of the Association for Moral which this past year included the twentieth anniversary of Education in Glasgow, Scotland. Professor Landsman partici- Super Continuing Legal Education Week, March 27–April 1, pated with Professor Steve Simon in Judicial Trial Skills and 2000,The Twenty-First Annual Summer Program of Contin- Ethics training for Worker’s Compensation Judges at the uing Legal Education Seminars, May 30–June 9, 2000, and Office of Administrative Hearings, June 29–30, 2000. He was three additional one-day seminars, including a program in a consultant and participant on the Minnesota CLE “Ethics honor of Irving Younger. and Elimination of Bias Seminar for In-house Counsel” on February 21, 2001. Professor Landsman also gave a number of Brett H. McDonnell joined the faculty in fall 2000 CLE presentations on Ethics and Elimination of Bias includ- as an Associate Professor of Law. He completed work on a ing:“Ethics and Bias” at the First Judicial District Judges review of the book Employees and Corporate Governance, edited Meeting, in Burnsville, Minnesota on November 9, 2000; by Margaret M. Blair and Mark J. Roe.The review, entitled “Issues of Bias in Minnesota Law Firms Today” at the Min- “The Curious Incident of the Workers in the Boardroom,” is nesota State Bar Association Convention, Duluth, Minnesota forthcoming in the Hofstra Law Review. He published on June 22, 2000;“Identifying and Eliminating Bias in the “ESOPs’ Failures: Fiduciary Duties When Managers of Legal System” at the University of Minnesota Law School Employee-Owned Companies Vote to Entrench Themselves” Summer CLE on June 3, 2000; and “Ethics and Bias” on April in the Columbia Business Law Review. Professor McDonnell 13, 2000 at the Anoka County Attorney’s Annual Ethics Sem- also worked on several papers for future law review publica- inar, in Anoka, Minnesota. tion, including “Corporate Constituency Statutes and Employee Governance” and “The Uncertain Prospects of, and Robert J. Levy traveled to Otago University Law Benefits from, Convergence in Corporate Governance.” He School in Dunedin, New Zealand in March to give a speech participated in a conference on Norms and Corporate Law on “Extrajudicial Aids:A Divorce Adjudication.” Professor held at the University of Pennsylvania Law School. Levy is working on a book describing an empirical survey of child sexual abuse prosecutions and failures to prosecute.The Miranda Oshige McGowan published two arti- first essay from the book is in press and will be published by cles this year.The first,“Reconsidering the Americans with the Bar Illam University Press. In addition, he has spent con- Disabilities Act,” has been published by the Georgia Law siderable time introducing his Sentencing Seminar to other Review in the fall of 2000. In it, Professor McGowan argues law schools.The seminar will be adopted by Arizona State that despite the firestorm of scholarly and press criticism it Law School next year and in other law schools around the provoked, the portion of the Supreme Court’s 1999 decision country in the following year. in Sutton v.United Air Lines that defined what it means to have a disability harmonizes surprisingly well with the Americans John H. Matheson presented a paper,“Not ‘If’ but with Disabilities Act’s (ADA) functional approach to defining ‘How’: Reflecting on the ABA Commission’s Recommenda- disability. Professor McGowan explains, however, that the Sut- tions on Multidisciplinary Practice,” at The Future of the ton Court’s holding on what it means to be “regarded as” dis- Profession:A Symposium on Multidisciplinary Practice, abled eviscerates the ADA’s central purpose of dismantling sponsored by the Minnesota Law Review on February 26, attitudinal barriers that prevent full and equal access to jobs 2000.The paper was published in the Minnesota Law Review. for persons with physical and mental impairments. Professor He published three other articles,“Multidisciplinary Practice McGowan recommends a new conception of what it means and the Future of the Legal Profession: Considering a Role to be “regarded as” disabled that bars employers from relying

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on over broad and inaccurate Stephen Simon taught the Misdemeanor Prosecution stereotypes about physical and and Defense Clinics during the fall semester of 2000. One of mental impairments, but at the the interesting cases handled by the defense clinic involved same time allows employers a the issue of the applicability of a mental illness defense to a relatively free hand to devise job probation revocation proceeding. He conducted Judicial Trial requirements, tests, and criteria. Skills Training Programs at the Law School for newly Her second article,“Property’s appointed Minnesota trial judges in September, October and Portrait of a Lady,” grew out of December.The Minnesota Supreme Court Office of Contin- Professor’s McGowan’s interest uing Education for State Court Personnel contracts with the in law and literature. It will be Law School to conduct this program. It is mandatory for all published by the Minnesota Law newly appointed and or elected trial level judges in Minneso- Review. In it, she uses the lens of ta. Professor Simon, with Judge James Morrow, conducted an Miranda Oshige McGowan Henry James’ The Portrait of a evidence course for Minnesota administrative law judges in Lady to explore the conse- October of 2000. He also conducted a Judicial Trial Skills quences of laws premised on the notion that property is valu- Program for the National Judicial College in October.The able because it constitutes the self; and those that value prop- Judicial Trial Skills Program was part of the General Jurisdic- erty because it is essential to securing individual freedom. tion Course offered three time a year by the National Judicial Finally, Professor Miranda McGowan continues her empirical College for new judges from throughout the United States. In research on issues related to affirmative action. She is currently December 2000, Professor Simon presented four different but writing an article that finds that the stereotype of Asian related programs on conducting Pro Se civil and criminal trials Americans as a “model minority,” contrary to the view held to the annual Hawaiian Judiciary education conference. Pro- by many legal scholars, does not create opposition to affirma- fessor Simon, along with James Cleary and Dan Storkamp, is tive action for African Americans or resistance to greater gov- completing a research project on DWI recidivism and time to ernmental efforts to improve the status and condition of adjudication.This project is being funded by the Insurance minority groups in the U.S. Surprisingly, in fact, people who Institute for Highway Safety.The data and analysis from this view Asian Americans as a “model minority” tend to be more project have been and are currently being used extensively by in favor of affirmative action and increased governmental the Minnesota legislature in its consideration of the policy intervention on behalf of minority groups. issues and custody resource needs that would be generated by the adoption of a felony DWI Law. Professor Simon continues Sharon Reich Paulsen co-chaired a seminar in to direct the Minnesota Criminal Justice System DWI Task October titled “Weathering Change in The Legal Profession,” Force. He founded the Task Force in 1982. It was funded by presented by the Women in the Legal Profession Committee the University for two years and subsequent funding was proof the Minnesota State Bar Association and Minnesota Con- vided by the Minnesota Department of Public Safety for 7 tinuing Legal Education.The seminar explored recent changes years.The Task Force is made up of judges, prosecutors, police and trends in the legal profession and discussed their predicted officers, assistant attorney generals, drivers license administra- effects on women and the consequent effects on the profes- tors, probation officers, and citizen advocacy groups.The Law sion as a whole. On January 31, 2001, Dean Paulsen complet- School provides meeting space and minimal administrative ed six years of service on the Lawyers Professional Responsi- support for the Task Force.The Task Force has identified and bility Board. She also completed work on a book, Advocacy on recommended to the legislature many innovative DWI leg- Appeal, published in October 2001, and is working on a islative concepts including administrative based plate deposition book scheduled for publication in October 2001. impoundment and vehicle forfeiture, intensive probation pro- Dean Paulsen’s co-authors on both books are Bradley G. grams, and criminalizing implied consent test refusal.These Clary and Michael J.Vanselow. laws have become models for the rest of the country.The Task Force has done extensive research in several areas including C. Ford Runge, Distinguished McKnight University the involvement of repeat offenders in alcohol related fatali- Professor of Applied Economics and Law, spent 2000 working ties, criminal justice system alcohol related costs, and rural under a Ford Foundation grant on the impacts of genetically alcohol related fatalities. modified food and the international trading system with colleagues at Minnesota and the International Food Policy Robin Stryker researches American regulatory law Research Institute (IFPRI) in Washington, D.C. He is also and comparative welfare state law and politics from a socio- organizing a study group on genetically modified organisms logical perspective. She maintains a longstanding scholarly and trade at the Council on Foreign Relations in New York. interest and research project on the politics of social science in He recently completed a manuscript for the 21st Century American regulatory law. She has shown how politics shape Commission on U.S. Foreign Economic Policy in a Global- the use of economics and other social sciences in labor law ized Economy at Washington’s Center for Strategic and Inter- and antitrust law. Currently she is working on the politics of national Studies (CSIS).The paper was titled “A Global Envi- social science in equal employment law. Among her recent ronment Organization and the World Trading System: publications in the equal employment area are “Political Cul- Prospects and Problems.” ture Wars 1960s Style: Equal Employment-Affirmative Action

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Law and the Philadelphia Plan,” with Nicholas Pedriana, in In a similar project looking at crime and punishment trends the American Journal of Sociology;“Political-Culture Wars 1990s in ten countries over the past twenty years,Tonry (in collab- Style:The Drum Beat of Quotas in Media Coverage of oration this time with Professor David Farrington of Cam- Debate on the 1990–91 Civil Rights Acts,” with Martha bridge), and with support from the US Bureau of Justice Sta- Scarpellino and Mellisa Holtzman, in Research in Social Stratifi- tistics, convened a conference in Cambridge in September cation and Mobility; and “Disparate Impact and the Quota 2000; a similar conference will convene in Cambridge in Debates: Law, Sociology and Equal Employment Policies” in June 2001. Both of these projects will culminate in the publi- Sociological Quarterly. She also is writing a book, titled Law,Pol- cation of thematic volumes of Crime and Justice. He is con- itics and Social Inequality. In this book, she provides what she vener of the Home-Office sponsored Sentencing Policy calls a “rule-resource” framework for understanding the Study Group, which held its first meeting in Cambridge in instrumental, normative and constitutive roles played by law October 2000 and will meet periodically over the next few and legal institutions in reproducing or mitigating class, race, years.This project is patterned on the Executive Sessions on gender and other social and economic inequalities. She applies Sentencing and Corrections which Tonry organized at the the framework to illuminate specific topics, including law and University of Minnesota and which took place between business, law and the labor movement, law and the labor mar- 1997 and 2000. ket, law and the constitution of the polity, law and social transformation, and law and globalization. In fall, 2000, Stryk- David Wilkins received a Fulbright Distinguished er spoke at the Max Planck Institute for the Study of Soci- Chair Fellowship that will take him and his family to the eties, in Cologne, Germany, where she was a resident scholar University of Calgary for the 2001–02 fall semester.The title for a month.Among her recent professional contributions and of the position is University of Calgary Chair in North honors, in 1999–2000, she was Chair of the Sociology of Law American Studies. Professor Wilkins was on a panel,“Explor- Section of the American Sociological Association. In ing the Legacy & Future of Black/Indian Relations,” as part 2000–2001, she was President of the international, interdisci- of the 57th Annual Session of the National Congress of plinary Society for the Advancement of Socio-Economics American Indians held November 14, 2000 in St. Paul, Min- (SASE). She has been awarded a Jean Monnet Fellowship for nesota. He gave a keynote presentation titled “Pleasures and research to be conducted in 2001–02 while in residence at Pains of Being a Professor and Barriers to Overcome,” at the the European University Institute’s Robert Schumann Center, Seventh Annual Institute on Teaching and Mentoring, Octo- in Florence, Italy. ber 26, 2000, in Orlando, Florida. His book, co-authored with Tsianina Lomawaima, titled Uneven Ground:American E. Thomas Sullivan chaired the reinspection Indian Sovereignty and Federal Law will be published this fall accreditation team that visited Stanford University Law by the University of Oklahoma Press.Another book, Ameri- School on March 4–7, 2001. He published “Decanal Leader- can Indian Politics and the American Political System will also be ship: Managing Relationships,” in University of Toledo Law published this fall by Rowman and Littlefield. Professor Review (symposium issue); and his “Harmonizing Global Wilkins has written several articles recently.Three articles Merger Standards” will be published in a book in honor of have been published:“A Constitutional Conundrum:The Professor Robert Hudec, entitled The Political Economy of Resilience of Tribal Sovereignty During American National- International Trade Law to be published by Cambridge Univer- ism and Expansion, 1810–1871,” in Oklahoma State University sity Press in 2001. He recently was appointed by Minnesota Law Review;“An Inquiry Into Indigenous Political Participa- Attorney General Mike Hatch to the Board of Directors of tion: Implications for Tribal Sovereignty” in Kansas Journal of the Minnesota Patnership for Action Against Tobacco. Law & Public Policy; and “The Reinvigoration of the Doc- trine of Implied Repeals:A Requiem for Indigenous Treaty Michael Tonry has had a half dozen articles published Rights,” in American Journal of Legal History.Two additional since the beginning of the 2000–2001 academic year.Two articles will be published this year,“Governance Within the books now in production, Penal Reform in Overcrowded Times Navajo Nation: Have Democratic Traditions Taken Hold,” in (Oxford University Press, 2001, forthcoming) and Crime and Wicazo Sa Review and “The Manipulation of Indigenous Sta- Justice, (University of Chicago Press, 2001, forthcoming), tus:The Federal Government as Shape-Shifter,” in Stanford should appear by mid-2001. He is a member of the UK Law & Policy Review. Commission on Social Science, a body sponsored by British foundations and government agencies, which is taking stock Susan M. Wolf delivered her inaugural lecture as the of the state of British social science. He is also a member of Faegre & Benson Professor of Law on “Law and Genetics: the Home Office Panel on Review of the Sentencing Sys- Tangled in the Double Helix.” She was also appointed a Pro- tem which is expected to propose a major overhaul of Eng- fessor of Medicine in the University’s Medical School. Profes- lish sentencing and punishment systems. Professor Tonry has sor Wolf lectured at Johns Hopkins University on genetics and organized a number of book projects and conferences on the law, at the annual meeting of the American Society for cross-national topics.With support from the Annie E. Casey Bioethics and Humanities on maternal-fetal surgery, for the Foundation and collaborating with Professor Anthony Doob Minnesota Department of Human Rights on genetic discrim- of the University of Toronto, he has organized a program on ination, and at a MNBio meeting on the two University pro- comparative juvenile justice for which papers have been grams she directs, the Joint Degree Program in Law, Health & commissioned on experiences in 10 countries and for which the Life Sciences and the Consortium on Law and Values in a conference will be convened in Cambridge in June 2001. Health, Environment & the Life Sciences.Those two pro-

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grams co-sponsored the 2000–01 Faegre & Benson Lecture Series on Law, Health & the Life Sciences featuring three outside lecturers this year on environmental, agricultural, and biotechnology issues.The programs also co-sponsored a Feb- ruary conference on “Governing GMOs (Genetically Modi- fied Organisms): Developing Policy in the Face of Scientific and Public Debate.”That conference was further sponsored by the College of Agricultural, Environmental, and Food Sci- ences as part of the President’s Sesquicentennial Conference Series. Professor Wolf is writing on reproductive technologies, maternal-fetal surgery, bioethics consultation, and related topics. She is also collaborating with Professor Jeff Kahn of the University’s Center for Bioethics on a two-year project on genetic testing and disability insurance, funded by the Nation- Professor Susan K. Wolf al Human Genome Research Institute. In the coming months The Faegre & Benson Professorship in Law she will be lecturing at Harvard on law and genetics, at the Professor Susan Wolf delivered her inaugural University of Texas Southwestern Medical Center on genetic lecture entitled “Law and Genetics: Tangled in privacy and discrimination, and at a conference on physician- the Double Helix” on November 9, 2000. She assisted suicide co-sponsored by the University of Minnesota’s is a Professor of Medicine in the Medical Center for Bioethics. School and a Faculty Member in the University’s Center for Bioethics. She teaches in the areas of Judith T.Younger was interviewed on Channel 5 on November 29, 2000 on the subject of “Parental Responsibility health law and bioethics. Professor Wolf is the Laws.” She was interviewed as Director of the University’s Joint Degree well by Minnesota Magazine for Program in Law, Health & the Life Sciences, an article on wills, trusts, and and chair of the University’s Consortium on Law estate planning.The article and Values in Health, Environment & the Life appears in the January–February Sciences.Professor Wolf and Dean Sullivan are 2001 issue of the magazine. She pictured above with Ken Liebman (left) and is currently at work on a CLE tentatively titled “Providing For Jim Stephenson (right) from Faegre & Benson Our Pets” and another on post- law firm. divorce visitation for infants and young children; this is to be delivered orally and published Judith T. Younger in September.

Law Library Ranked 4th by The National Jurist Magazine The Law School’s library was ranked recently 4th in the country by The National Jurist magazine. In the new 2000–01 quality ranking of United States law schools, the University of Chicago’s Journal of Legal Studies’ survey concluded that the Law School ranked as follows:

Category Rank Category Rank Overall Education Quality 17 Scholarly Impact 14 (same as last year) Productivity on Books and Articles 9 Faculty Quality 16 Productivity on Books 4 (subjective and objective factors) Productivity on Articles 19 Faculty Quality (objective factors only) 11 Student Body Quality 18

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Faculty Publications

Bradley G. Clary and Sharon Reich Paulsen ential treatment is somehow more defensible under the ADA than in the contexts of race or gender.The article concludes Books that the notions of reasonable accommodation and affirmative Advocacy on Appeal action are sufficiently different to warrant the recognition of (2001) (with Michael Vanselow) predictable, policy-based guidelines for the scope of the reassignment obligation unencumbered by the rhetoric of the This is a versatile and practical appellate advocacy handbook, affirmative action debate. for first-year students, upper-level students, and practicing lawyers. It is a compact how-to text, and additionally contains The Sounds of Silence:The Libertarian Ethos of ERISA examples, exercises, appellate brief excerpts, and a mock Preemption, 52 U. Fla. L. Rev.1 (2000). record for classroom, CLE, and in-house training use.An accompanying Teacher’s Manual includes a memorandum for The Supreme Court, in four decisions issued since 1995, has instructors, and other materials. signaled a retreat from its traditional expansive approach to ERISA preemption. In doing so, however, the Court has Beverly Balos failed to fashion a predictable, replacement test.The Court’s apparent discomfort with its prior ERISA preemption Articles jurisprudence coincides with a message from many commentators calling for a more restrictive scope of preemption.These Teaching Prostitution Seriously, __ Buff. Crim. L. Rev. __ (forth- commentators argue that Congress obviously did not intend a coming 2001). broad scope of preemption with respect to welfare benefit plans because ERISA itself contains little substantive regula- This article examines what students learn about prostitution tion of those plans. In this article, we examine numerous indi- in criminal law courses by reviewing the treatment of prosti- cia of legislative intent and conclude that Congress intention- tution in three criminal law casebooks currently in use in law ally created a largely regulation-free zone in order to encour- schools and the teachers’ manuals that accompany them. age the development of benefit plans and to preserve the field While feminist legal theory has influenced the treatment of of employee benefits for future federal action.The article, rape and domestic violence in the casebooks, the stereotypical accordingly, urges the Supreme Court to formulate a new treatment of prostitution remains virtually unchanged.The preemption standard so as to reflect ERISA’s libertarian ethos. purpose of the article is to build on earlier feminist efforts to encourage criminal law teachers and casebook authors to recognize the gendered implications of the pervasive stereotypes Dan L. Burk that dominate the law’s treatment of prostitution, to unmask Articles the assumptions about its naturalness and inevitability, and to take the law of prostitution seriously and consider how prosti- Patenting Speech, 79 Texas L. Rev.100 (2000). tution implicates a broad range of criminal justice issues. Recent cases holding that computer software code is protected speech entail disturbing implications for the law of intel- Stephen F.Befort lectual property. Software blends expression and function in a Articles manner that fits poorly within the jurisprudence of free speech, as it has fit poorly within the jurisprudence of copy- Reassignment Under the Americans with Disabilities Act: Reasonable right law. But software is also patentable, and unlike copyright Accommodation,Affirmative Action,or Both?, 57 Wash. & Lee L. law, which has long been required to oblige the demands of Rev.1 (forthcoming 2001). the First Amendment, patent law contains no provisions to accommodate expressive works.This suggests that patent law This article focuses on two issues currently dividing the feder- may be required to develop doctrines such as fair use. al courts concerning the scope of an employer’s duty to reassign disabled individuals under the ADA.The debate concerns whether the ADA compels an employer to reassign disabled Jim Chen individuals to a different employment position when doing so Articles would either trump the rights of other better-qualified workers or require an employer to deviate from facially neutral Diversity and Deadlock:Transcending Conventional Wisdom on the assignment and transfer policies.The appropriate resolution of Relationship Between Biological Diversity and Intellectual Property, these issues draws into question the extent to which the ADA 31 Envtl. L. Rptr. (forthcoming 2001). mandates preferential treatment for the disabled. In this vein, the article considers whether the reassignment accommoda- Intellectual property is alternately vilified as a threat to bio- tion is a form of affirmative action and, if so, whether prefer- logical diversity and lauded as biodiversity’s savior. It is nei-

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ther.The failure to understand the relationship between intel- the shattered American political landscape with a musical lectual property and biodiversity has kept the United States interlude and a bit of comic relief. from ratifying the Convention on Biological Diversity and strengthened the developing world’s resistance to the World Standing in the Shadows of Giants:The Role of Intergenerational Trade Organization’s Agreement on Trade-Related Aspects of Equity in Telecommunications Reform, 71 U. Colo. L. Rev. 921 Intellectual Property. A world where habitat destruction, alien (2000). invasive species, and global warming continue to take their environmental toll can ill afford this deadlock over the leading Technological progress isn’t everything; it’s the only thing. international charters of biodiversity conservation and com- Stranded cost recovery and expanded universal service sup- mercial development of scarce genetic resources. port, however, adopt a backward-looking regulatory attitude that contradicts and undermines the deregulatory ambitions The Authority to Regulate Broadband Internet Access over Cable, 16 of the Telecommunications Act of 1996.T he Bell system’s leg- Berkeley Tech. L.J. (forthcoming 2001). endary slogan echoes still:“One Policy, One System, Universal Service.” Public utility law is dead; long live public utility law. What, in the eyes of the law, is cable broadband? The regula- Stranded cost and universal policy should be analyzed as tion of cable-based platforms for high-speed access to the explicit wealth transfers across generational lines. In telecom- Internet has become the most controversial subject in communications regulation as in environmental protection, it munications law.A trilogy of judicial decisions on the statuto- should be the “continuing policy of the Federal Govern- ry status of cable broadband has forced the Federal Commu- ment…[to] fulfill the social, economic, and other require- nications Commission to resolve a question it has consistently ments of present and future generations.” dodged.This article concludes that the Commission has the power, exclusive of state and local governments, to require the operators of cable broadband facilities to offer their customers Carol Chomsky a choice of Internet service providers. Articles Pax Mercatoria: Globalization as a Second Chance at “Peace for Unlocking the Mysteries of Holy Trinity: Spirit,Letter,and History Our Time,” 24 Fordham Int’l L.J. (forthcoming 2001). in Statutory Interpretation, 100 Columbia Law Review 901 (2000). The conventional case for free trade rides on essentially one argument.That argument, however, is exceedingly powerful: In 1892, the Supreme Court construed the Alien Contract Trade promotes a profitable division of labor, enhances the Labor Act of 1885, which barred importation of “any alien” gross domestic product of all nations, and facilitates higher under contract to perform “labor or service of any kind,” as standards of living across the globe. Globalization’s opponents not prohibiting a New York church from hiring a British pas- nevertheless enjoy a rhetorical edge over supporters of inter- tor to occupy its vacant pulpit.“[A] thing may be within the national economic integration.This article therefore develops letter of the statute and yet not within the statute because not the oldest and most persuasive noneconomic justification for within its spirit, nor within the intention of its makers,” wrote trade: the peace dividend that befalls a prosperous internation- Justice David Brewer in Holy Trinity Church v.United States. al community committed to the free movement of persons, Brewer’s opinion—a staple of law school courses on legisla- goods, and ideas. tion—is a touchstone for those seeking to overcome plain statutory language but is condemned by those who disapprove Epiphytic Economics and the Politics of Place, 10 Minn. J. Global of using legislative history and who challenge Brewer’s under- Trade 1 (2001). standing of Congress’s intent.The article presents a complete history of the case and statute, revealing that the Court was Nature over nurture, leisure over labor.Trade disputes should correct in its judgment and that Holy Trinity demonstrates the privilege environmental claims over cultural concerns, which soundness of relying on legislative history to construe statutes in turn should enjoy priority over the interest of nations in properly. full employment. First World agrarianism’s contrary approach to the problems of globalization bodes ill for the law of international trade.This preference for a putatively underemployed Carol Chomsky and Maury Landsman segment of the world’s richest countries may be the most tox- Introducing Negotiation and Drafting into the Contracts Classroom, ic contribution of Western culture to international economic 44 St. Louis U.L.J. 1545 (2000). law. Globalization is a class struggle, as all life is a class struggle.A postcolonial world dedicated to development as a It is by now almost a commonplace to say that the first year human right must reject the self-indulgent politics of place. of law school should include skills-focused learning in addition to the massive doses of legal doctrine and analysis that Rational Basis Revue, 17 Const. Commentary 447 (2001). form the core of the first year curriculum. Using a simple contracts-based exercise, the authors gave students in Professor Poor Al Gore! The Supreme Court ended the longest election Chomsky’s first year contracts class an opportunity to experi- night in living memory by adopting an aggressive definition ence a negotiation session and to attempt to reduce their of equal protection in the context of voting. I seek to bridge agreement to written contract clauses. Using the students’

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Faculty Publications

own reflections on the experience, the article reports on the and is not, related to affirmative action policy—a policy lessons students learned about negotiating strategy, parameters, encompassing a broad range of procedures to provide positive and dilemmas, and about drafting concerns and pitfalls.The consideration for members of groups discriminated against in exercise provided a hands-on learning opportunity to leaven the past. Finally, a competing incentives framework is used to the more usual focus on abstract concepts.As one student show that, although disparate impact creates some incentives noted, the exercise also “helped me to re-connect with the for employers to adopt quota hiring, such incentives are real reason I wanted to be an attorney, which is to help peo- counter-balanced by major incentives working against race- ple to solve their problems with minimum anxiety.” and gender-based quotas. Major counter-incentives stem from disparate impact itself, from other aspects of equal employment law, and from organizational goals shaping business Robert J. Levy response to the legal environment. Consistent with these Books competing incentives, a detailed survey of all the empirical evidence available from research on labor markets and organi- Discretionary Prosecution of Child Sexual Abusers:Adolescent Vic- zations strongly suggests that most employers do not rely on tims, (forthcoming 2001). quota hiring.

This article, part of a larger project, reports and analyzes deci- Political Culture Wars 1990s Style:The Drum Beat of Quotas in sions during 1996 by Dade County, Florida, prosecutors not Media Framing of the Civil Rights Act of 1991, 17 Research in to prosecute cases involving sexual behavior by adults with Stratification and Social Mobility 33 (2000) (with Martha girls between the ages of twelve and eighteen. Scarpellino & Mellisa Holtzman).

Amid today’s clamor over affirmative action, a related debate Brett H. McDonnell over U.S. equal employment policies has receded from public view. Occasioned by a string of 1989 Supreme Court setbacks Articles for civil rights enforcement, this early 1990s clash resulted in ESOPs’ Failures: Fiduciary Duties When Managers of Employee- the Civil Rights Act of 1991.After providing necessary theo- Owned Companies Vote to Entrench Themselves, 2000 Colum. retical and historical background, this article provides system- Bus. L. Rev. 199 (2000). atic content analyses of commentary on debates over the Civil Rights Act of 1991 and its unsuccessful predecessor, the Civil This article considers cases where managers who control the Rights Restoration Act of 1990.We analyze commentary in votes of an Employee Stock Ownership Plan have been two influential but ideologically opposed daily newspapers: accused of violating their fiduciary duty when they have the New York Times and the Wall Street Journal.We ask and directed the Plan to vote for themselves as directors of their answer the following questions. First, how are the act, its sup- company. It suggests that such votes alone do not violate a porters and its opponents framed by these two influential fiduciary duty; further evidence of conflicting interests must newspapers? What similarities and differences emerge between be shown. the two newspapers? Second, is commentary in each newspaper equally likely to invoke sound-byte rhetoric emphasizing quotas? How do they do so and with what plausible affects? Robin Stryker Third, what, if any, are the differences between the two newspapers in the degree to which their opinion column com- Articles mentaries reflect a media-institutionalized balance norm? Disparate Impact and the Quota Debates: Law,Labor Market Soci- Notwithstanding complexity in both newspapers’ framing, ology and Equal Employment Policies, 42 Sociological Quar- quota rhetoric was so pervasive in them that public impres- terly 13 (2001) sions of the 1990–91 civil rights debates could not help but be shaped by this potent sound byte. Importantly, quota This article brings sociological theory and research to bear on rhetoric was even more prominent in the editorials of a polit- the “quota debates” dogging discussion of federal civil rights ically liberal newspaper strongly supportive of the proposed legislation in the early 1990s.The article highlights sociology’s civil rights legislation than it was in a politically conservative role in shaping employment law and shows how apparently newspaper opposed to the proposed civil rights legislation.We technical legal arguments about allocating burdens of proof offer an explanation for this finding, and all our other find- affect labor market resource allocation among the classes, ings.Then we consider implications for current and future races, and genders. Contrasting institutional-sociological with equal employment politics and policies.We argue that the liberal-legal concepts of discrimination, the article shows why offensive and defensive drum beat of quotas in media cover- disparate impact has been the most sociological approach to age of proposed legislation that had nothing directly to do Title VII enforcement. It also shows how disparate impact—a with affirmative action reinforced, intensified and further gen- theory and method for establishing legally cognizable employ- eralized anti-affirmative action discourse and mobilization in ment discrimination injurious to women and minorities—is both the public and government policy making arenas.

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Faculty Publications

Legitimacy Processes as Institutional Politics: Implications for Theory David Weissbrodt and Research in the Sociology of Organizations, 17 Sociology of Organizations 179 (2000). Articles Review of the Implementation of and Follow-up to the Conventions This article builds on my prior theory and research about 42 German Yearbook of International Law 242 how incorporating social science reasoning and expertise into on Slavery, law can be expected to affect the legitimacy of law. In an ear- (1999) (with Michael Dottridge). lier article (American Journal of Sociology, 1994), I showed how scientific-technical and formal-legal rationalities could be In the modern world slavery may appear to be a historical conceptualized as competing rule-resource sets in law. I also problem overcome by an enlightened and expanding civil showed how legitimacy processes stemming from the compe- society governed by the rule of law. Unfortunately, this per- tition between formal-legal and scientific-technical rationali- ception is far from true: although it is widely believed that ties has helped both stabilize and transform American law by slavery has been abolished, various forms of slavery remain at shaping conflicts in and over American legal institutions.This the end of the twentieth century.This article looks at the article explicitly links the earlier arguments to ideas and international law against slavery, and at the mechanisms the research in organizational sociology. It shows that organiza- United Nations (UN) has established to monitor its abolition. tional politics are key to how an organization’s internal and A.I. Doc. Pol 21/03/00 external environment inter-relate because organizational poli- The way ahead for the AI Mandate, tics reflect and shape what new institutionalists call institutional (2000) (with Peter Pack). politics. Because legitimacy processes as I have theorized them are the heart of institutional politics, their explication helps us This paper offers some broad options for the development of understand how and why institutionalization creates both tak- AI’s mandate, ranging from maintaining the status-quo, to en for granted assumptions about how the world (including developing AI as a federation of national organizations each the legal world) works, and interest and value based political developing their own mandates, to defining AI’s mandate as conflicts rooted in these assumptions. It then is clear why the full range of rights specified in the Universal Declaration legitimacy processes not only help explain institutionalization of Human Rights and other internationally recognized and stability, but also help explain deinstitutionalization and human rights instruments.The aim is to explore the implica- change in organizations and organizational populations and tions of some very different ways in which the AI mandate fields, including legal and political systems. (i.e., the bounds of permissible work) could develop in the coming years. Legitimacy, International Encyclopedia of the Social and Behavioral Sciences Updated review of the implementation of and follow-up of the con- , (Neil Smelser & Paul Baltes eds., forth- U.N. Doc. E/CN.4/2000/3 & Add.1 coming 2001). ventions on slavery, (2000) (with Anti-Slavery International). Beginning with Weber’s seminal treatment, the concept of legitimacy has been considered essential for understanding This U.N. study traces the core international law against slav- how legal and social order are maintained. Current approach- ery: its origins and the progress of the international campaign es contain three themes: legitimacy as cognitive orientation to to abolish the slave trade and slavery, the legal instruments and binding rules of the game for political and legal acts, authori- institutions which have been established to combat slavery ties and institutions; legitimacy as attitudinal approval of those (including the UN Working Group on Contemporary Forms rules; and legitimacy as behavioral consent to those rules. of Slavery), the evolving definition of slavery, contemporary Implicit in each definition is a different explanation—consti- forms of slavery, and other related practices.The study then tutive/cognitive, normative, or instrumental/interest-based— focuses particular attention on serfdom, forced labor, debt for legitimacy. Some scholars emphasize formal, procedural bondage, migrant workers, trafficking in persons, prostitution, bases for cognitive orientations or normative beliefs. Others forced marriage, the sale of wives, and other issues.The study concludes with a review of international monitoring mecha- emphasize substantive values or outcomes. Still others address German Yearbook how introducing scientific rationality into law affects law’s nisms and recommendations. See article legitimacy. Empirical research on legitimacy’s causes and con- above. sequences suggests that all approaches have some utility and Principles relating to the human rights conduct of companies, U.N. ought to be synthesized. Consistent with Weber’s discussion of Doc. E/CN.4/Sub.2/2000/WP.2/WP.1 & Add.1 & 2 rational-legal authority, law’s legitimacy is important for the (2000). legitimacy and hence stability of political systems. Legitimacy achieved on a cognitive basis can counteract any tendency of The U.N.Working Group on the Methods and Activities of interest- or value-based conflicts to undermine social order. Transnational Corporations requested the preparation of these However, dynamics of legitimation, delegitimation, mobiliza- human rights guidelines for companies.The guidelines tion, counter-mobilization and conflict are integral to the encompass a very broad range of subjects, including standards ordinary, everyday workings of legal institutions.These to discourage company involvement in violations of humani- dynamics show how political order is produced through legally tarian law, human rights, labor standards, consumer protection, and politically induced legal change. and environmental protection.The guidelines should be more

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Faculty Publications

comprehensive than any previous standards and reflect exist- Susan M.Wolf ing international law provisions; UN, ILO, OECD, and other intergovernmental guidelines; company codes of conduct, and Articles newly recognized concerns about the conduct of business. Should We Offer Predictive Tests for Fatal Inherited Diseases and,If Ethical Dilemmas in Neurology 22 Human Rights and International Law and Institutions, in Com- So,How? , in (Adam mon Law, Common Values, Common Rights 93 (Peter Zeman & Linda L. Emanuel eds., 2000) (with Thomas G. Goldsmith & Roberta Cooper Ramo,eds., 2000). Horejsi).

This chapter traces the history of the U.S. approach to inter- As the genetic basis for a growing number of disorders is national standards, particularly in regard to human rights, and identified, physicians face new questions.They must decide notes the important role that the United States has played in what to tell patients about genetics, when to offer genetic the development of international human rights treaties and testing, and when to refer patients to genetic counselors and institutions.The second part shows that the United States has specialists.The experience with three neurological disorders— been, nonetheless, extraordinarily reluctant to submit itself to Huntington’s,Tay-Sachs and Alzheimer’s—has been particu- legal obligations under those treaties, related standards, and larly important in developing the debate over genetic testing and physician responsibilities.That experience suggests sub- institutions.The chapter concludes that the United States and the United Kingdom share a legal tradition of protecting stantive guidelines for the future. human rights, but the United States has more steps to take in bringing its human rights ideals into law and practice.

An Analysis of the Fifty-first Session of the United Nations Sub- Commission on the Promotion and Protection of Human Rights, 22 Hum.Rts.Q.788(2000) (with Mayra Gomez and Bret Thiele).

Since many treaties and other human rights instruments have been promulgated, the Sub-Commission has de-emphasized its standard-setting function and has given greater attention to promotion, problem solving, implementation, and the use of public pressure to improve human rights.

The Beginning of a Sessional Working Group on Transnational Cor- porations Within the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities, in Liability of Multinational Corporations Under International Law 119 (Menno T. Kamminga & Saman Zia-Zarifi, eds., 2000). Professor Jim Chen was named to the 2000–2001 Julius E. In 1998 the U.N. Sub-Commission on the Promotion and Davis Chair in Law. Pictured Protection of Human Rights decided to form the Working during the reception held in Group on the Methods and Activities of Transnational Cor- honor of the Chair recipients porations for a period of three years (1999–2001). It is clear are: Dean Tom Sullivan, Mrs. Julius E. Davis, that the issues relevant to transnational corporations and Professor Jim Chen, and his parents, Hsien-Shih and human rights are difficult and have not been adequately Shuang-Ling Chen. explored by U.N. bodies. It remains to be seen whether the Sub-Commission has the institutional competence and expertise to respond to the major challenge of making a real contribution to understanding the relationship between transnational corporations and human rights.

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FACULTY ESSAY

The Enduring Institution That is the Electoral College

By Guy Charles,Associate Professor of Law was that the College was at best the second- decade before the 2000 Presidential best method for selecting the country’s chief elections, in a chapter ominously enti- executive.When James Wilson,Alexander Atled The Coming Constitutional Crisis, Hamilton and Luther Martin independently David Abbott and James Levine warned that the proposed an early variant of the Electoral Col- Electoral College would soon produce a lege as a method of selecting the president, “wrong winner”—a president who wins the their proposals were at first ignored and later electoral count yet loses the popular count. roundly defeated by the delegates.The Elec- Whenever this happened, they predicted, the toral College became the method of selecting presidency would face a profound crisis of legit- the president in great part because it was the imacy.1 Among critics of the College, the possi- least controversial alternative, even if not the best one. bility that the College will produce a “wrong Guy Charles winner” has been held, like the sword of Damo- cles, over the heads of those who support the The Electoral College,“that hoary eighteenth current system, too enamored of the Framers’ century institution,”4 has managed to survive invention to appreciate the impending doom. into the dawn of the twenty-first century.5 Without question, the College is an enduring Abbott and Levine were prescient in one American institution.This is the more remark- respect: the 2000 Presidential elections did in able in light of the fact that many have called fact produce a “wrong winner.” George W. for its abolition almost since its inception.The Bush, the forty-third President of the United College has survived despite of its lack of pop- States, won the electoral count but lost the ularity, its opacity and its controversial nature is popular vote-an event that has only occurred certainly worthy of note.To my mind, howev- on two previous occasions in American er, the College is worthy of attention not for history.2 But in their contention that the Presi- substance of the myriad debates it has spawned dency would suffer a crisis in legitimacy if and in favor or against the institution, but for what when the electoral count and popular vote do those debates tell us about our commitment to not match,Abbott and Levine may be on the democracy, who we are as a nation and how wrong side of history.The circumstances sur- we define ourselves. rounding George W.Bush’s ascension to the Presidency defied warnings that such a state of The debate surrounding the continuing use of affairs would give rise to a state of chaos. the College masks fundamental inquiries about the nature and extent of our commitments to Why, despite the perceived-and now real-risks, democracy and federalism in presidential elec- does the Electoral College persist? As with tions. In this brief essay, I explore the manner many of the institutions designed by the in which these commitments affect the larger founding generation, one might be tempted to debate over the Electoral College. I do so by ascribe the longevity of the College to the focusing on two issues. First, whether the pop- wisdom of the founders. However, to the ular vote is the most legitimate method of extent that the founding generation exhibited selecting the president and the vice-president. much wisdom in the design of a majority of Second, whether the unit-vote method our institutions, the College hardly epitomizes employed by the overwhelming majority of such wisdom.A cursory glance at the historical the states, what is commonly known as the record suggests that the Electoral College was winner-take-all system, diminishes the voting not the first choice of a majority of the dele- power of political and racial minorities. In light gates of the Constitutional Convention of of these two inquiries, I suggest that before we 1787.The collective wisdom of the delegates can meaningfully talk about whether the Col-

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The Enduring Institution That is the Electoral College

lege is worth keeping or changing, we must ers responded that they were rejecting an out- first come to grips with the scope of our come that they would have conceded ex ante democratic commitments as well as the com- was legitimate. Rather, they argued that the promise we have struck between state and fed- outcome was not legitimate because the rules eral interests in presidential elections. Until we of the game were not followed. struggle with and come to appreciate these two crucial foundations of our democratic ethos, Thus, though there may not be agreement the Electoral College debate is unproductive. about whether the proper procedures were followed in the 2000 Presidential elections, there I begin with the contention of critics of the seem to be some agreement about the ground current system that the College should be rules, which are, where the proper procedures abandoned in favor of a direct election system are followed, the outcome cannot be contested. on the grounds that selection by popular vote In other words, in a society committed to is the more legitimate alternative. democratic rule, systemic outcomes are by def- The central inquiry here is inition democratic when those outcomes are The central inquiry whether the presidency is less the product of preexisting commitments. legitimate, as a normative matter, here is whether the if the process produced a wrong- It is possible to reframe the legitimacy argu- winner. I think not.The supposi- ment differently and perhaps more persuasively. presidency is less tion of illegitimacy presupposes The argument favoring the abolition of the an outcome-determinative con- College is sometimes based on the contention legitimate, as a ception of legitimacy: the presi- that our conception of democracy has evolved dential process is legitimate only considerably beyond that of the founding gen- normative matter, if if it produces the right outcome. eration and the era of the Electoral College’s But in this context legitimacy is debut so that popular election is now more the process produced in part outcome-dependent and important than it once was.This argument has in part process-dependent.That considerable merit. a wrong-winner. is to say, if the rules of the game are described ex ante and the Without question, our conception of the right I think not. parties play by these rules, then to vote differs dramatically from that of the any outcome of the game is by founding generation. Indeed, the institution of definition legitimate.The fact that the Electoral the Electoral College itself evidences the College will produce a “wrong-winner” is part founding generation’s ambivalence-at best- of the expected outcome as defined by the toward direct democracy. In contrast, our con- rules of the game. Put simply, the rule of deci- temporary understanding of the franchise as sion is that the “Person having the greatest well as the extent of the democratization of the Number of Votes shall be President, if such franchise is evidenced by the Civil Rights Number be a Majority of the whole Number Amendments;7 the 19th Amendment, which of Electors appointed.”6 granted women the right to vote,8 the 24th, which outlawed the poll tax;9 and the 26th The controversy surrounding the 2000 Presi- Amendment which granted eighteen year olds dential elections is useful to illustrate this point the right to vote.10 Baker v.Carr11 and the in a less abstract manner.The fact that George Supreme Court’s “one person one vote” revo- W.Bush lost the popular vote did not seem to lution is perhaps the best doctrinal evidence unnerve the general public.The public accept- for our contemporary understanding of the ed the result of the electoral count once the democratization of the franchise.12 legal challenges were exhausted because there was a sense that the selection of George Bush, And yet, while it is true that our contemporary even if he lost the popular vote count, was part constitutional understanding of democracy of the expected outcome. contemplates a broader and more inclusive concept of democracy and sovereignty than In contrast, the reaction to the Bush presiden- that contemplated by the founding generation, cy in the African American community dif- that commitment is not unequivocal.The scope fered markedly from that of many White of our commitment to principles of popular Americans. Some commentators criticized sovereignty is an issue that was not only debat- African American leaders for publicly ed at the founding but continues to be contest- announcing that they will not accept the result ed even today. Put more concretely, is the of the election on precisely the grounds men- Court’s reapportionment era voting rights cas- tioned above-that the result was democratic es-which are concerned with the scope of the because it was part of a democratically-expect- right to vote when the state provides for voting ed outcome. However,African American lead- as a method of political participation-broad

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The Enduring Institution That is the Electoral College

enough to provide for a right to vote in presi- A second criticism often offered in favor of the dential elections. Can the contention that vot- eradication of the Electoral College is that the ing is a fundamental right be squared with an College diminishes the voting power of various opposing contention that voting in presidential political minorities, including both voters of elections is simply a discretionary prerogative of color and third party supporters.The criticism the states? The Supreme Court’s recent opinion is essentially that the winner-take-all system in Bush v.Gore13 is illustrative. unnecessarily “wastes” votes, particularly when compared to a districted-vote system or a The Court stated in Bush that the “individual direct vote system. citizen has no federal constitutional right to vote for electors for the President of the Unit- The unit-voting system employed by most ed States unless and until the state legislature states-which is not constitutionally required- chooses a statewide election as the means to “wastes” votes whenever the unit winner wins implement its power to appoint members of by a greater margin than necessary to carry the Electoral College.”14 Further, the Court that unit.The votes are considered wasted not explained that “the State legislatures’ power to simply because they represent an unnecessary select the manner for appointing electors is marginal excess, but because the excess margins plenary; it may, if it so chooses, select the elec- could make up the difference in another unit tors itself, which indeed was the manner used lost by the candidate.16 Similarly, the unit vote by the State legislatures in several States for rule also wastes the votes of the unit loser. many years after the Framing of our Constitu- Even though the unit vote loser was able to tion.”15 If there once was doubt, the Court win some votes, because the candidate did not clarified in Bush that the constitutional struc- carry the unit, he or she does ture envisions a minimal role for “we the peo- not get any electoral votes.Thus, ple” in the selection of our chief executive. the voters who voted for that ...arguments about candidate “wasted” their vote, One may object to Bush v.Gore on a number especially if their candidate was legitimacy and the of plausible and persuasive grounds. But on this from a third party. score-the function contemplated by the Con- popular election of stitution for popular selection of the president- As an empirical matter, the the opinion is thoroughly consistent with the impact of the Electoral College the president are in text and structure of the Constitution. It is not on political minorities is more simply that the Constitution fails to ensure a nuanced than it might first fact arguments about right to vote for president or otherwise-for appear.Think first about the clearly,Article II of the Constitution and the impact of the College on third the limits and reach Twelfth Amendment both provide for presi- parties.The unit vote system, as dential election by presidential electors. Instead, opposed to a proportional sys- of our commitment of interest here is the fact that the Constitution tem, does in fact make it more indicates an alternative conception of the fran- difficult for political minorities to the democratiza- chise that is much more restrictive than the to win electoral votes.When the vision of democracy represented in the Court’s unit is defined as the “state,” tion of the franchise. reapportionment era cases. which it is in every jurisdiction with the exception of Maine and Nebraska, This alternative vision provides a counter- political minorities, by definition will find it weight to the seemingly overwhelming pull of more difficult to carry the unit.The unit rule is broader sovereignty principles. Moreover, and one reason that third parties have found it near- perhaps more importantly for our purposes, a ly impossible to break the hold that the constitutionally enshrined commitment to Republican and Democratic parties have had “unpopular” sovereignty explains, at least in on presidential selection. part, the debate and struggle over the Electoral College.After all, arguments about legitimacy On the other hand, the unit rule has generally and the popular election of the president are in favored voters of color.The Electoral College fact arguments about the limits and reach of currently favors urban voters, Latino voters, our commitment to the democratization of the Jewish voters and African American voters who franchise. Even though these arguments are live in the North.The College favors these often confusingly and unhelpfully framed in voters only because they live in large states or terms of legitimacy, what they in fact mask is a in urban areas, which are favored also by the basic struggle about democracy.This point will College.As Longley and Peirce explain, the become clearer as we look at a second argu- “differences in voting power arise because peo- ment advanced against the continued retention ple live in different states, not because of differ- of the College. ences in race” or ethnicity.17

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The Enduring Institution That is the Electoral College

Unit voting minimizes the voting strength of should talk about those democratic commit- African Americans in the South, but only ments, including their scope and their costs. because these African Americans citizens live in the South and constitute a political minority.As What we should not do is confuse those long as African Americans in the South remain inquiries with the merits and demerits of the politically liberal,Whites in the South remain Electoral College. Questions of democratic politically conservative, and African Americans sovereignty and federalism should be discussed are numerical minorities, they will continue to on their own terms.We cannot meaningfully cast “wasted” votes in presidential elections. appreciate the costs and benefits of selecting our president in the manner designed by the Thus, the empirical evidence on the impact of Framers long ago in Philadelphia until we the Electoral College on political minorities come to grips with our own conception of and voters of color is mixed.The College helps the right to vote and the federal character of some groups, Latinos, Jews, urban voters. For presidential elections. Until then, my predic- others, in particular political minorities, the tion is that the enduring institution that is the unit rule fails to maximize their political influ- Electoral College will continue to select presi- ence in presidential elections. dential winners on our behalf,“wrong” ones and otherwise. However, the unit vote debate makes a more fundamental division.The debate is really an argument about what should constitute a prop- Footnotes er “unit” for presidential elections. On one lev- 1. David W.Abbott and James P.Levine,Wrong el, the argument is whether the proper unit is a Winner: The Coming Debacle in the Electoral state or a congressional district. But on a more College, ch 1, 1–20 (1991). fundamental level, the argument is whether the 2.The two previous elections were the Hayes- proper unit is a state or the whole of the Unit- Tilden presidential election of 1876 and the ed States.Viewed from this perspective the unit- Cleveland-Harrison election of 1888. Lawrence D. vote debate clearly raises questions about our Longley and Neil Pierce, The Electoral College national commitment to a certain conception Primer 2000, 27–8 (1999). of federalism.To what extent are we fundamen- 3. Madison’s words in this regard are worth tally a collection of sovereign states? To what reproducing: extent are the interests of the states subsumed The difficulty of finding an unexceptional to that of the national or federal government? process for appointing the Executive Organ of a Government such as that of the U.S. was There is something to the argument that deeply felt by the Convention.As the final Presidential elections are federal in character. arrangement of it took place in the latter stage of the Session, it was not exempt from a That is, presidential elections implicate the degree of the hurrying influence produced by federal government side of the federal-state fatigue and impatience in all such Bodies: tho’ balance. Presidential elections present the only the degree was much less than usually prevails opportunity for the entire country to collec- in them. tively express a political preference.Therefore, James Madison to George Hay, 3 August 1823, in 3 it is worth discussing the role that the federal The Records of the Federal Convention of 1787, government should play, and conversely the at 458 (Max Farrand ed., 1911). role that should be left to the states in presi- 4. Lawrence D. Longley, The Electoral College and dential elections. the Representation of Minorities, in The President and the Public 173 (Doris A. Graber, ed. 1982). Similarly, there is also something to the argu- 5.Although the College has managed to survive, ment that our contemporary commitment to it has not been without some modifications.The greater democratization should be reflected in most notable modification has been the Twelfth the constitutional structure.The Court’s state- Amendment. See U.S. Const.Amend. XII.The ment in Bush-that there is no constitutional primary contribution of the Twelfth Amendment right to vote in presidential elections where the has been to provide for separate votes for presiden- state has not provided that right-is accurate is tial and vice-presidential candidates. but inharmonious with our contemporary 6. U.S. Const.Art. II § 3. norms of political equality and popular sover- 7. U.S. Const.Amend. XIII, XIV,and XV. eignty. Our contemporary political (and consti- 8. U.S. Const.Amend. XIX. tutional) norms would surely include the right 9. U.S. Const.Amend. XXIV. to select the chief executive as a core require- 10. U.S. Const.Amend. XXVI. ment of popular sovereignty. Consequently, we

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The Enduring Institution That is the Electoral College

11. 369 U.S. 186 (1962). 12. See,e.g. , Reynolds v.Sims, 377 U.S. 533 (1964). 13. 513 U.S ____ , No. 00-949, slip op. 1 (2000) 14. Id. at 5. 15. Id. 16. Most states award all of the electoral votes to the candidate that wins the state—the unit—even if only by a mere plurality.Abbott & Levine explain one of the possible scenarios in which the winner-take-all system gives rise to wasted votes in the following way: [I]magine that the winning candidate carried the twelve largest states (and their 279 electors) by narrow 10,000 vote margins in each of those states.Thus, the winner’s total plurality in those twelve states was 120,000 votes. However, our winner lost the remaining states overwhelmingly, by an average of 100,000 votes per state.The other candidate’s plurality in those thirty-eight states would, therefore, be 3,800,000.Thus, although the losing candidate received 3,680,000 more votes nation- wide, the other candidate would win the electoral college vote 279 to 259! Abbott & Levine, supra note 1, at 24. 17. Longley & Pierce, supra note at 158. A presentation by Professor Susan Wolf, lively Thanks to Professors Carol Chomsky and Dale conversation and food highlighted the annual Lex Carpenter for comments on the essay.This essay is Alumnae Holiday Luncheon held December 30, 2000 an excerpt from an article entitled “Should We Rethink the Electoral College?,” co-authored with at the Minneapolis club. Luis Fuentes-Rohwer,forthcoming in Florida State University Law Review.

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Digital Legacies: The Arthur C. Pulling Rare Books Collection in Cyberspace

Katherine Hedin,Curator of Rare Books and solved by the Act of Union in 1800.Through- Special Collections out its existence, the Irish Parliament was, he University of Minnesota Law however, subject to England as a result of acts Library is pleased to announce Digital of the English Parliament of 1494, usually TLegacies, the portion of the Law called Poyning’s Law. Poyning’s Law established Library’s web page that provides electronic that any Parliament assembled in Ireland access to treasures in the Arthur C. Pulling required the Crown’s approval and declared Rare Books Collection.The Law Library is that all statutes previously passed in England especially honored to introduce should have full effect in Ireland. Poyning’s the first installment of Digital Law was asserted and extended in the Declara- Legacies,“Laws in Ireland for the tory Act of 1720, which affirmed the right of Suppression of Popery,” authored England to legislate for Ireland and transferred by M. Patricia Schaffer.Technical the right of appeal in Irish law cases to the expertise for Digital Legacies is British House of Lords. provided by Timothy Fay, Law School Webmaster. Katherine Although laws governing the rights of Hedin is responsible for project Catholics—as well as Jews, Protestant Dissenters planning and coordination. (non-Anglicans) and Quakers—had been in effect since the time of the English Reforma- “Laws in Ireland for the Suppres- tion, it was not until 1691 that the penal system sion of Popery” contains the texts began in earnest.The surrender of Roman of seventeenth and eighteenth Catholic James II at the Battle of the Boyne in century Irish statutes known col- 1690 and the surrender of his supporters at lectively as the Penal Laws— Limerick a year later signaled the period of statutes passed by the Protestant Protestant Ascendancy in Ireland.While Protes- Parliament of Ireland to regulate tant William III was subject to the limits put on the status of Roman Catholics. royal power by the Bill of Rights 1689, the Included are the full text of laws rights contained therein extended only to passed from 1691 to 1760, during Protestants.The English Parliament restricted the reigns of William and Mary, membership in future Irish parliaments to William III,Anne, and George I Protestants.The Irish Parliament began to sys- and II. Statutes passed specifically tematically enact a series of laws which exclud- for the purpose of addressing the ed those following the “popish” faith from the “popish or Catholic problem” are civil life of Ireland. The statues of Ireland...Edited by Sir included in their entirety; two of Richard Bolton. Dublin, 1621. the most prominent are the pop- The Penal Laws included in this site affected ery acts of Anne, passed in 1704 every aspect of Catholic life in Ireland. and 1709.Also included are relevant sections of Bishops, deans and friars were ordered to leave other statutes which dealt with extraneous the country; if they returned they would be issues, such as taxes or the jury system, but put to death. Beginning in 1709, priests could which created different standards for Catholics remain only if they took an oath of abjuration. and Protestants. It was forbidden to establish or maintain Catholic schools.The laity were excluded from Unless otherwise noted, the statutes on the site Parliament, from corporations, the military, the are from the Irish Parliament, which co-existed legal profession and all civil offices. Catholics with the English Parliament until it was dis- could not carry arms or own a horse worth

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Digital Legacies

converted to searchable text for the website.

In addition to a strong collection of Irish statute law, case law is also well represented in the Rare Books Collection. Certainly one of the highlights is the first Irish law reports, entitled Le primer report des cases…adiudges en les courts del roy en Ireland, published in Dublin in 1615.Written by Sir John Davis,Attorney- General for Ireland, it is the first law book printed in Ireland.Also of interest is G.E Howard’s collection of popery cases, Several special cases on the laws against the further growth of popery in Ireland, published in 1775, the only collection of Irish law reports of any substance to appear “The purpose of the Irish between 1615 and 1790. Penal Laws, like that of the apartheid laws of recent Sir John Davis. Le primer report des Irish legal history is further repre- cases…adiudges en les courts del roy en sented in the Collection through South African history, was Ireland…Dublin, 1615. The first Irish law reports. secondary sources. One notable title is a tract written by William to disenfranchise the native more than five pounds. Catholics could not Molyneux in 1698 entitled The case majority from all power. marry Protestants, and a priest who performed of Ireland’s being bound by acts of par- such a ceremony was sentenced to death. liament in England, a tract which Unlike apartheid, the Catholics could not acquire land, or buy it, or actually articulated the opposite disabilities created by the hold a mortgage on it.The gradual dismantling position, namely Ireland should nev- Penal Laws were aimed not of these laws, which began with the Catholic er be bound by English law. (The Relief Act of 1778 and culminated in the Library’s copy dates from 1720). at a particular race or ethnic Catholic Emancipation Act of 1829, is not cov- group, but at the adherents ered in this website. Digital Legacies will continue to grow as the Law Library places of a particular religion.” The purpose of this site is not to evaluate the additional digitized materials from historical context of the Penal Laws or discuss the Rare Books Collection on the —M. Patricia Schaffer their influence, but to make the raw material web.The value of digitization of available to legal scholars, historians and stu- rare books is obvious.Access to the dents.The full text statutes are enhanced by content of the Collection will be improved, detailed summaries of each of the Penal Laws. while fragile items will be protected from use. The summaries, prepared by Ms. Schaffer, con- Network surrogates can allow an unlimited sist largely of extracts from the actual language number of people to study the materials with- of the statutes, and are designed to clarify the out compromising the preservation of the meaning of these very verbose statutes. In addi- original.Virtual exhibits can allow books to be tion, subject and chronology indices facilitate displayed indefinitely, while the artifact remains the use of the website. in a secure, climate-controlled vault.

The Arthur C. Pulling Rare Books Collection As we assert the desirability of providing for provided source material for the website. Early the migration of rare materials to cyberspace, Irish legal history is well represented in the we must not lose sight of the importance of Collection. Of particular importance is the conserving the original artifact.A secure and landmark edition of Irish statute law by Sir climate-controlled space has been built for the Richard Bolton, printed in Dublin in 1621. Arthur C. Pulling Rare Books Collection.The (The first edition of Irish statutes, printed in result of a vision of Dean E.Thomas Sullivan London in 1572, is a unique copy surviving and dedicated alumni, this space will ensure only in the Cambridge University Library.) that students and scholars now and in the Bolton’s edition was followed almost 150 years future will be able to travel from a virtual read- later by the first folio edition, edited by Francis ing room to an actual reading room, where Vesey, an eleven volume set that began publica- they can study the original artifact. tion in 1765.This was quickly followed in Access Digital Legacies at: 1786 by another edition, also edited by Vesey. It http://www.law.umn.edu/library/home.html was this compilation which was scanned and

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Hands Across the Water, Hands Across the Sky: The Minnesota Connection

“I have powerfully assumed the negativity of my time.”

—Franz Kafka

By Tricia Baatz Torrey University of Minnesota Law School, hosted a magine being a law professor suddenly fired group of six visitors from the University of from your position at the university because Pristina, Kosovo last fall, during the week of Iof your ethnic origins. Imagine the library October16–20.Their visit here was part of a and school destroyed, books confiscated, the national exploration of the American methods entire legal system as you know it disenfran- of legal education. Other stops included chised. Such was the situation not long ago Chicago-Kent, and Michigan State law schools, under the rule of Milosovic in Kosovo, where a meeting with the American Bar Association ethnic Albanians were not only fired from their program on Central and East European studies positions as law professors, but were not in Washington, D.C., and a visit with Judge allowed to move into other occupations. John Tunheim, (’80) a U.S. District Court Judge in Minneapolis who is also the Federal Judiciary’s liaison with Kosovo for the rebuilding of judicial institutions there.

Kosovo is in the midst of reforming a legal system based on old Soviet models and also in rebuilding and reforming their system of legal education, which was based on lectures and did not include instruction in legal writing or clinical work. Morrison said,“Add to that the fact that when Yugoslavia was still a country it was a communist-socialist country in which the notion of private property, private enterprise, people choosing to do things on their own was Visitors from the University of Pristina, Kosovo. not really known. It was not as communist as say, Russia, there was some semblance of small, private enterprise but the codes and laws were “The really marvelous thing is that a group of not written for a modern society in which these people started teaching law as a private people were making investments and so on.” activity and they formed an unaccredited, unauthorized law school which operated in During the fighting last year, the Serbian people’s basements, auto repair shops, wherever authorities removed books, equipment and fur- they could get space, assemble people, where nishings from the school and the building itself students could come with their notebooks and was in rather substantial disrepair. Since then copy things out, but no library, really no fixed the school has been reinstated, with both old place of business.They could continue at a par- and new faculty hired, but there are still prob- ticular place for several months and then a lems with financing. Many of the professors zoning inspector would close them down and who teach law at the University of Pristina they’d have to go somewhere else, and as things have second jobs, which detracts from their went on they could be less and less open about ability to teach.“Old society law worried a lot it,” said Professor Fred Morrison, who, with the about criminal law and state apparatus, but not

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about business or sales or business transactions with several other problems, including court- or property, so one of the things they have to houses that had no heat, electricity, equipment do is move their curriculum to accommodate or security. the world into which they are emerging, one where there is international trade, where there “When the U.N. first came in they decreed are businesses, enforceable contracts,” Morrison that the law was going to be basic Yugoslav and said,“they probably have to change their way Serbian law and that was met with massive of thinking about teaching, to get students resistance by the majority of Albanian citizens much more involved because students are the in Kosovo,”Tunheim said.“After six months people who bring about change.” they finally decided the law was going to be as it was in 1989 when the Albanians were effec- While the group visited the Law School, they tively removed from any position of authority, observed many classes and connected with the and people agreed to that, but it was a fairly Minnesota Advocates for Human Rights and primitive set of laws, and exactly what they students involved with Amnesty International. were was not clear because nobody really had a Morrison said,“I think the students in my statute book that had everything in it.” international law class came to appreciate the human right issues, some of the national unit Judge Tunheim said the process for writing new kinds of issues, some of the minority protec- laws is very time-consuming.There is an advi- tion issues, some of the war crimes a lot better sory committee made up mostly of Kosovars because these were real people and not and Internationals.There are a few Serb partici- abstract ideas.” pants. Recommendations are made to the special representatives to the Secretary General and “The University of Minnesota Law School then it has to go through an international Class of 2001, as part of its class gift, has decid- approval process because it’s being conducted by ed to collect used books and purchase some the United Nations.There is extensive review new materials for donation to the Kosovo Law by law professors, a review in Europe and in Center,” said Tracy Fisher, one of three gradu- NewYork.Tunheim believes the laws will even- ating law students coordinating the project, tually be closer to a European model with all of along with Abigail Crouse and Mike Skoglund. the international conventions reflected. Donations have been collected from students in all three class years, professors, librarians and Judge Tunheim said that problems continue in the Law Library.Also as a result of the visit, Kosovo that reflect both the past and the future; West Group has donated a number of books to the past in the sense that there is still an enor- Pristina Law School. mous amount of anger built up over centuries that really culminated in the events of the 1990s, the future in the sense that Kosovo’s future is still Two U of M Law Grads in Kosovo unsettled, with a big fear among the Kosovar . S. District Court Judge John R. Tun- Albanian citizens that Milosevic’s departure will Uheim (’80) and Gregory Gisvold are both mean that somehow the world will abandon actively involved in helping Kosovo restructure them and put them back into Serbia. its judiciary and in helping to oversee war crime trials. Judge Tunheim added,“They’ve made a lot of progress, though they still don’t have a multi- Judge Tunheim was asked last January by the ethnic system which we were hoping could be Department of State and the Justice Depart- developed and I think perhaps still can be ment if he would be willing to spend much of developed, but I don’t think that’s going to be the month of February in Kosovo, to assist the until they decide what the future of Kosovo is U.N. in what is called a judicial assessment going to be. Is it going to be part of Serbia, an mission.“When I arrived nine months after autonomous part of Yugoslavia, or is it going to bombing ended, things were still a mess, in be independent? Those are very important many respects the Province was still a mess. questions that hang like a storm cloud over the There was a temporary judicial system in development of the rule of law. But I am con- effect that was quite ineffective, very few pros- vinced that the best hope is the rule of law, ecutions had gone forward, and nothing in something they’ve never had in the past, and civil court had happened at all.”When he something that they are grasping and are very arrived, the U.N. authorities appointed about anxious to put in to effect in a way that pro- 200 judges and prosecutors throughout Koso- tects the rights of all citizens.That’s why all vo. However, there were huge disputes over these projects that we’re involved in, that the what the applicable law was going to be, along Law School is now involved in, to establish the

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rule, a healthy rule of law for the future is real- 120 available positions.“That was very good,” ly the best hope.” McDonald said,“We did a lot with democracy-building in the country.We funded a major Greg Gisvold (’94) first volunteered in Bosnia project in Parliament to help Parliamentarians in 1996, using his vacation time from the Min- develop a committee system with some infra- neapolis firm of Halleland Lewis Nilan Sipkins structure.The University of Albany in New & Johnson. He has now taken a two-year leave York is the contractor for that project, which of absence to direct the ABA’s Central and East will go on for several years.” European Law Initiative in Kosovo.Though his working title is “Country Director,” Gisvold McDonald also spoke out on human rights refers to his work as “Peace Corps for lawyers.” violations that were occurring in Zimbabwe, including violent intimidation around the elec- “I’m a product of David Weissbrodt’s Human tions and farm invasions.“We continued to Rights class,” Gisvold said,“and that experience dialogue with the government, but we were naturally led me to this job. My firm was will- also very critical of the government and Presi- ing to give me a leave of absence.They dent Mugabe. He was not always happy with thought it was a good idea that I do public ser- that, we had a very healthy relationship, but we vice work.” told him what was on our minds. Obviously, as Ambassadors, we had to work with him, we While in Kosovo, Gisvold will lead a team of had to work with the opposition, you can’t lawyers and judges in helping to create a new close doors, but we let him know that the vio- legal structure.They will work to reform lence and intimidation that is still going on is criminal procedure codes, develop a bar asso- unacceptable to the United States. Mugabe was ciation, train newly appointed judges and not happy with us, but he understood where prosecutors, and organize Kosovo’s first inde- we were coming from.We want Zimbabwe to pendent judges association and defense bar. work, we want to engage with Zimbabwe. It’s Gisvold also oversees Kosovo’s War Crimes an important country.” Liaison, which gathers war crimes information for the International Criminal Tribunal for the McDonald also did work in the commercial Former Yugoslavia. area, promoting tourism in Zimbabwe, spending a day at Victoria Falls with Matt Lauer “We’re in a position to help fight for peace,” from the Today show. Gisvold said,“I believe that any person capable of performing this type of human rights work The transition back to Washington has been has an obligation to do so.” “terrific” for McDonald, who looks forward to continuing work in government affairs and international law both in the United Kingdom McDonald Reflects on and Asia. He said he will “merge law and diplo- Ambassadorship macy.” McDonald added,“The Ambassadorship fter completing a “three year tour of duty,” broadened my perspective, I think I’m a better Aas Ambassador to Zimbabwe under the lawyer, a better advocate. I learned a certain Clinton Administration, Tom McDonald amount of civility on the job. Zimbabweans are (’79) has resumed his position as partner with wonderful, smart, and they taught me a civility the firm of Arter and Hadden, working in both there that I bring back to my work.” their Washington, D. C. and Ohio offices. Minnesota Graduates in “My experience in Zimbabwe was very chal- lenging and satisfying,” McDonald said,“I International Law think we accomplished a lot, particularly in the 1977 graduate of the University of Min- area of HIV and AIDS; we opened thirteen Anesota Law School, Mary McCormick voluntary testing/counseling centers around found she was interested in international law, the country. I also brought all the American and took many courses on the topic, including Ambassadors and USA directors from South- Professor Hudec’s course in international arbi- ern Africa to Harare in 1999 for a three-day tration, which is now called international con- conference on AIDS.” tracts. Upon his retirement last year, Professor Hudec asked McCormick if she would teach In his capacity as U.S.Ambassador to Zimbab- the course. we, McDonald was very active in aiding with parliamentary elections held last June. Fifty- “It’s been interesting because at least two-thirds seven opposition candidates were elected of the of the class are LL.M. students from all around

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the world…some of them have practiced, so James Southwick (’89) always has had an we are able to learn from them, too. Many are interest in international affairs, specifically in the able to focus on the real practical issues faster area of economics, politics, culture and business than the folks still in law school. I’m trying to transactions. He decided law school would help teach them the practical side of how to apply him pursue those interests in a career. He had a this in the real world, and what negotiating a very good experience in Hudec’s International contract means. So many people think of it as Contracts class and later wrote a law review an adversarial process, and I’m trying to bring note with him. Hudec was also key in South- in the note that it’s a new relationship, and you wick’s attaining a job with the United States have to not be too adversarial or you’ll kill Trade Representative (UTSR) in Washington. the relationship.” “I have a master’s degree in Latin American McCormick felt fortunate in the way her studies, speak Spanish and Portuguese, and the career developed around her interest in inter- Government in its great wisdom thought that national law. She worked for a short time for qualified me to work in Japan.”While at the Baker & McKenzie in international law right USTR, Southwick was first assigned to be a after graduation, then moved on to Honeywell lawyer on U.S.-Japan trade negotiations, and where she eventually worked as associate was at the table for many different negotia- international counsel. She now heads tions. He also worked on NAFTA matters. He McCormick International, helping clients in met Walter Mondale in Japan while Mondale areas of contracts, entities, regulatory issues and was Ambassador there.The two formed a rela- intellectual property. tionship, and on Mondale’s last day in Japan, Southwick asked him for advice.“I told him I “International law has grown so much in the loved my government job, but for personal rea- last 25 years, globalization is here; people need sons I wanted to go back to Minnesota. Mon- to adjust to it and make the best of it. I think dale said ‘I have one thought, why don’t you the whole field of international commercial come back to work for me at Dorsey Whit- law is going to keep on growing. Most business ney?’” Southwick then returned in 1997 to lawyers are going to have to learn something work in the Minneapolis office of Dorsey about it so they won’t make huge mistakes Whitney where he still works in the area of with their clients.” international trade.

McCormick is giving the opening talk at the Southwick believes that international trade is annual International Business Law Institute in “important in the sense that it’s an inescapable April sponsored by the Minnesota State Bar and strong aspect of the U.S. and international Association, and her topic is “Putting the economy. It’s a cliché but true that the International into Your Transactions.” She plans economies of the world are becoming much on spending a very short time explaining what more integrated.A large percentage of the U.S. the similarities are between domestic and economy is made up of imports and exports; it international transactions and the majority of is a massively larger percentage of the economy the time explaining the differences.“If you then even a generation ago. Small, medium and don’t practice in the area at all you just aren’t large companies that law firms are dealing with aware of all of these special laws that apply, and are either engaged in selling products overseas how to juggle between two different legal sys- or seriously thinking about it. It’s no longer the tems,” she said. case that just 3M or Cargill have any international business. It’s a fact of life that the world “I think students in my seminar are learning is more economically integrated and in many a lot about how cultural differences come ways I think that’s very beneficial. Of course it into play and how much they affect contract brings adjustments and other stresses. I think negotiations. It’s easy to misread foreign it’s best to be engaged in the process, to under- clients because your frame of reference is stand it and to turn it to our best advantage so different.” rather than ignore it.”

McCormick said she wanted to practice in a Southwick added that engaging in international field of law that had a lot of variety, where she business has its own inherent logic. People try- wouldn’t get bored.“International law has so ing to make money look to a broader market. many dimensions to it, including the cultural Ninety-six percent of the world’s population ones, that it seems like something I could stay lives outside the United States, when a compa- interested in for a whole career; so far that’s ny reaches maturity in one market it needs oth- proven to be right.” er places to sell.“A whole host of institutions

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have developed simultaneously, improved communications contribute to the ease of international transactions and the freer flow of capital allow people to look at the global market and realize they can benefit from foreign investments…it becomes a self-fulfilling process.”

Susan Marsnik (’94), an assistant professor at the University of St.Thomas’ Department of Capital Legal Studies in Business, first became interested in international business in 1988 when she Campaign started working for the University of Minneso- ta Press as director of marketing. She negotiated a distributorship agreement to have titles Toyota $1 Million Gift distributed in Europe.“I realized that if I had known more about the law I would have Honors Walter Mondale negotiated a better contract,” Marsnik said “I oyota Motor Corporation has honored also got involved in some of the subsidiary TWalter Mondale by making a $1 million rights issues, at, for example, the Frankfurt gift to the University of Minnesota Law Book Fair where we would buy and sell sub- School.The tribute recognizes Mondale’s sidiary rights for translations, co-publications accomplishments as U.S.Ambassador to Japan and so forth.” from August 1993 to December 1996, and supports construction of a building addition to the Marsnik entered law school and was on the Law School international moot court competition team for 1992–93.Through the moot court she learned Shoichiro Toyoda, head of the Toyoda family in how to do international legal research, learned Tokyo, and Toshiaki “Tag”Taguchi, head of how to make international law arguments, and Toyota North America, made the gift out of how to look at different cultural aspects of law. respect and appreciation for Walter Mondale’s The following year as an international moot integrity and continuing commitment to court director she got to teach international advancing economic, educational, and cultural legal research to second-year law students. relations between the United States and Japan, and to promoting international peace. “Many international students take my class,” she continued,“We talk a lot about how cul- As Ambassador, Mondale helped to negotiate tural differences impact business transactions, several U.S.-Japan security agreements, includ- but also in understanding how those cultural ing a resolution to the controversy about the issues impact the law. Our cultural values say U.S. military presence in Okinawa. He also one thing, so our law does one thing. For helped to negotiate numerous trade agreements example, the European Union values privacy, between the United States and Japan, and he it’s considered a fundamental human right, they promoted the expansion of educational have a comprehensive set of laws to protect exchanges between the two nations. In addi- individual data privacy, where in the U.S. we tion, he attended the annual APEC (Asia Pacif- are more concerned with having our privacy ic Economic Corporation) summit meetings in protected from the government.” Seattle, Jakarta, Osaka, and Manila.

Marsnik said she believes learning about inter- In receiving the gift, Dean Sullivan comment- national trade is important because,“There are ed that the Law School was “deeply apprecia- cross-cultural issues that have to be taken into tive of this significant gift because it honors consideration, not just the beliefs of the indus- one of the Law School’s most distinguished trialized North.We also have to look at newly graduates and permits the building addition to developed states, developing third-world be completed on time.This is a wonderful nations to figure out what is truly best, not just tribute to Walter Mondale and to our Law for the multi-national corporations who are School community.” going to benefit from trade agreements, but also in terms of what it will do for individuals as far as quality of life, employment, labor and environmental issues.”

30 Law Alumni News ❚ Spring 2001 features S01 3/29/01 6:26 PM Page 31

Law School Captial Campaign

Robins Kaplan Miller & Ciresi $1.5 Million Gift Benefits Law School and Public

he law firm of Robins, Kaplan, Miller & Ciresi commit- Tted $1.5 million to the University of Minnesota Law School when Senior Partner, Elliot S. Kaplan, agreed to Chair a $30 million capital campaign for the Law School. Kaplan Rendering provided courtesy of Ryan Companies, Inc. and Michael Ciresi, chairman of the firm’s executive board, both graduates of the school, waited to designate their gift, so Naming of the Law School Building they could see where it would most help the campaign as well as match the firm’s charitable and community service he Board of Regents tion. Construction of the objectives. Tvoted on Friday, March new wing was one of the 9, 2001 to name the building objectives for Campaign The Law School is recognizing the firm by naming the Law housing the University of Minnesota:The Law School’s School’s spectacular new “main street” as the Robins,Kaplan, Minnesota Law School Next Century.The new Miller & Ciresi Concourse.The new Concourse is being created “Walter F.Mondale Hall.” space will afford the Law by a $9.5 million addition to the existing 1978 Law School Former President Jimmy School greater opportunity building. In addition, the Robins,Kaplan,Miller & Ciresi Civil Carter will give homage to to offer a fully integrated Litigation Clinic and the Robins,Kaplan,Miller & Ciresi Public Mondale during the formal curriculum, uniting theory Service Program have been named to recognize the firm’s out- building dedication on May and doctrine with ethics, standing support of the Law School’s clinical education and 17, 2001, where the Univer- skills and practice. public service programs. Civil Litigation is the largest of 17 sity of Minnesota Law clinics run by the Law School, providing more than 18,000 School will honor Mr. Mon- hours of pro bono service per year to clients who otherwise dale’s contributions to the cannot afford legal representation.The University of Min- state of Minnesota, the Unit- nesota Law School has the nation’s premier legal clinical edu- ed States and the world, cation program, offering a clinical experience to 65% of law including his visionary students, compared to the national average of 25%.The Public efforts to ensure equality for Service Program encourages law students to perform at least all Americans and to ensure 50 hours of voluntary, law-related public service with a wide peace and safety by promot- spectrum of public interest agencies. ing international dialogue regarding nuclear arms, glob- Dean Thomas Sullivan cites Elliot Kaplan’s “dedicated and al trade, environmental tireless leadership” of the capital campaign as crucial to the responsibility and diplomacy. Walter F. Mondale (’56) success the school has experienced.“We are deeply grateful to Robins, Kaplan, Miller and Ciresi because our clinical and The Honorable Walter F. public service programs are strong components of the Law Mondale received his B.A. in The new wing, which com- School’s commitment to educating lawyers who understand political science (1951) and pletes the original design for that they are public servants,” said Sullivan.“The capital cam- his law degree (1956) from the building, will house paign is at the core of our vision to integrate theory, doctrine the University of Minnesota. expanded library facilities, and ethics with skills and practice.” He has served as Vice Presi- including a Rare Books dent of the United States Facility that will allow con- Robins, Kaplan, Miller & Ciresi L.L.P.is a national law firm (1976–1980),Ambassador to trolled access and proper with offices in Atlanta, Boston, Chicago, Los Angeles, Min- Japan (1993–1996), U.S. Sen- maintenance of collections neapolis, Orange County and Washington, D.C.Their litiga- ator (1964–1976) and Attor- now stored in the basement; tion and dispute resolution practice is considered unique ney General for the State of offices for the five institutes among large American law firms.The firm represents individ- Minnesota (1960–1964). and centers; faculty offices; uals, insurance companies, and businesses as both plaintiffs and technologically equipped defendants. The name “Walter F.Mon- conference and seminar dale Hall” will be conferred rooms, for specialized train- upon the existing Law ing and teleconferencing; School structure completed and office space for student in 1978 and the new wing organizations, including a currently under construc- faculty-student cafe.

Law Alumni News ❚ Fall 1999 31 law news 32-40 4/2/01 10:01 AM Page 32

Law School News and Events Naming of the National Civil Rights Moot Court Competition Reception was held at the ALaw School on February 28, 2001 to commemorate the naming of the William E. McGee National Civil Rights Moot Court Competition. Mr. McGee, class of 1980, was a strong advocate of civil rights. He was a practicing attorney for twenty years, with sixteen of those years dedicated to the representation of the poor and underprivileged. Mrs. Rose McGee, wife, accepted the honor on behalf of her William Earl McGee (’80) (See In Memorium Tribute on husband and the McGee family. page 50.) (1952–2000)

The t-shirt, given to all participants, will carry Mr. McGee’s name across the country.

Dean Sullivan (right) and Professor Warren (left) with representatives of the McGee family, Rose McGee, wife, Earl W. McGee, father, and Jonathan McGee, brother. Also in attendance was David McGee, brother.

The reception was scheduled on the eve of the Sixteenth Dean Sullivan opened the celebration with words of praise Annual Competition which commenced March 1 and ended for Mr. McGee’s accomplishments and commitment to on the afternoon of March 3.Twenty-eight teams from law Civil Rights. Professor Carl M.Warren heralded the William schools across the country argued this year's civil rights case. E. McGee National Civil Rights Moot Court Competition Over the years, hundreds of young lawyers have been intro- for the opportunities it provided students from across duced to the experience of practice at the University of Min- the nation. nesota Law School in this important area of law by being engaged in research, reflection and dialogue concerning its issues.

32 Law Alumni News ❚ Spring 2001 law news 32-40 4/2/01 10:01 AM Page 33

Law School News and Events Sixteenth Annual William E. McGee National Civil Rights Moot Court Competition Held March 1, 2 & 3, 2001 he Sixteenth Annual Brooke Tassoni of the Uni- TWilliam E. McGee versity of Minnesota Law National Civil Rights Moot School Team A, and Brad Court Competition was Snyder of New York Uni- held March 1–3, 2001 at the versity School of Law University of Minnesota receiving Honorable Men- Law School.Twenty-eight tion. Sandra Rampersaud teams participated: from Brooklyn Law School was named Best Oral Advo- Each team briefed and cate of the Preliminary The William E. McGee National Civil Rights Moot Court Compe- argued C.H. ex rel. Z.H. v. Rounds.The other teams tition winners pose with members of the final panel. From left to Oliva, 226 F.3d 198 (3d Cir. that advanced to the quar- right: Jennifer Orr, Julie Gonen and Kendra Archer of first place 2000), petition for cert. filed,69 ter-final and/or semi-final Georgetown University Law Center are flanked by Judge James USLW 3383 (Nov. 22, 2000) rounds included New York B. Loken of the U.S. Court of Appeals for Eighth Circuit and (No. 00-845), a case that University School of Law Judge Nathanial Jones of the U.S. Circuit Court of Appeals for considers the First Amend- and the University of Min- Sixth Circuit (on the left) and Justice Joan Ericksen Lancaster of ment freedom of speech and nesota Team B which the Minnesota Supreme Court and Edward Toussaint, Jr., Chief Establishment Clause impli- advanced to the semi-finals, Judge of the Minnesota Court of Appeals (on the right). cations of a public school and the Seton Hall School teacher’s refusal to allow a of Law Team B, University first grade student to read a of Minnesota Law School Children’s Bible story to his Team A, Brooklyn Law class because of the story’s School and the University of religious content when she Wisconsin School of Law had asked him to bring his Team A which advanced to favorite story from home to the quarter-finals. read to the class. As with all of the Law Judge James B. Loken of the School’s moot court pro- U.S. Court of Appeals for grams, the William E. Eighth Circuit, Judge McGee National Civil Second Place winners, Seton Hall School of Law Team A, from Nathanial Jones of the U. S. Rights Moot Court Compe- left to right, Michael Noriega, Aimee Hamoy and Alejandro Court of Appeals for Sixth tition received strong sup- Perez, pose with Associate Dean of Academic Affairs Stephen Circuit, Justice Joan Erick- port from the practicing bar Befort and Justice Joan Ericksen Lancaster of the Minnesota sen Lancaster of the Min- and bench. Over 120 mem- Supreme Court. nesota Supreme Court and bers of the bar and bench Edward Toussaint, Jr., Chief took part in judging briefs, Judge of the Minnesota oral arguments or both. Pri- Court of Appeals presided or to the competition, the over the final argument in Civil Rights Moot Court Lockhart Hall. offered the volunteer judges a free Continuing Legal The overall winner of the Education program,“When competition was George- Rights Collide:An Examina- town University Law Cen- tion of the Right to Free- ter. Seton Hall School of dom of Expression within Law Team A placed second. the Context of Separation of Brooklyn Law School won Church and State and an Best Brief honors. Jessica Educator’s Discretion inside Merz from University of the Classroom.”The well Winners of the Best Brief Award, Brooklyn Law School, from left Minnesota Law School attended program included a to right, Benjamin Fisher, Sandra Rampersaud, who also won Team B was named overall panel discussion regarding Best Oral Advocate of the Preliminary Rounds, and Elisabeth Best Oral Advocate with the legal, constitutional and McOmber pose with their Coach Faisal Khan.

Law Alumni News ❚ Spring 2001 33 law news 32-40 4/2/01 10:01 AM Page 34

Law School News and Events

Minnesota Law Review Symposium “The Freedom of Expressive Association” February 10, 2001

Overall Best Oral Advocate winner Jessica Merz of the Universi- ty of Minnesota Law School Team B is flanked by team-mate Ben Butler and Coach Jennifer Ampulski, Esq. on the left and Brooke Pictured are the Professors who spoke at symposium: (back Tassoni of University of Minnesota Law School Team A, who row) Steffen Johnson, Richard L. Hasen, David McGowan, received an Honorable Mention for the Best Oral Advocate Dale Carpenter, John Nagle, Richard Garnett, Steven Gey award and Coach Steve Buterin, Esq. Ms. Tassoni’s team-mate, (front row) Michael Stokes Paulsen, Martin Redish, Jim Andrea Kiehl is not pictured. Ms. Ampulski and Mr. Buterin Chen, Nan Hunter, Daniel Farber, Richard Briffault, and are Attorney Instructors with the law school's Civil Rights Dean Sullivan. Moot Court.

The Minnesota Law Review hosted a symposium on “The Freedom of Expressive Association” at the University of Minnesota Law School on February 10, 2001.The symposium consisted of three panels, each comprised of nationally recognized legal scholars. Keynote Address Daniel Farber, University of Minnesota Law School Welcome and Introductions Dean E.Thomas Sullivan, University of Minnesota Law School Panel I The William E. McGee National Civil Rights Moot Court Compe- Boy Scouts of America v. Dale: Expressive Association tition was administered by, from left to right, Faculty Advisor, or Discrimination? Clinical Professor Carl Warren and student Administrative Direc- Martin Redish, Northwestern University School of Law tors Anita Arockiasamy, Sherry Bertschinger and Blong Yang. Dale Carpenter, University of Minnesota Law School Nan Hunter, Brooklyn Law School policy issues involved in cases and Civil Rights Litigation. Steffen Johnson,Mayer,Brown & Platt,Chicago like C.H. ex rel. Z.H. v.Oliva. Clinical Professor Carl War- The panel consisted of the ren moderated the panel. Panel II law school’s Professor Daniel Associate Professor Guy Collective Political Speech: The First Amendment Farber, a nationally recog- Charles gave a presentation and Campaign Finance Reform 25 Years After nized authority on constitu- regarding the appropriate Buckley v.Valeo tional law, Professor Michael analysis of the constitutional Richard Briffault, Columbia University Law School Paulson, who teaches and issues in cases of this nature. John Nagle, Notre Dame Law School writes in areas including Clinical Professor Maury Richard Hasen, Loyola University Law School constitutional law and law Landsman, who teaches a and religion, and Adjunct course on law and ethics, Panel III Professor Art Eisenberg who discussed the ethical issues Religious Freedom and Institutional Autonomy: is the Director of the New relating to attorney bias. Free Exercise, Establishment, and Expressive York Civil Liberties Union Association and teaches a course at the Michael Stokes Paulsen, University of Minnesota Law School law school on Constitutional Richard Garnett, Notre Dame Law School Steven Gey, University of Florida,Levin College of Law

Symposium Essays will be published in Volume 85, Issue #6 of the Minnesota Law Review.

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Law School News and Events

The William B. Lockhart Lecture The John Dewey Lecture in the lizabeth Warren delivered Philosophy of Law Ethe Lockhart Lecture on he John Dewey Lecture January 29, 2001. Her lecture Tin the Philosophy of entitled,“On Their Own: Law was presented by Women, Divorce and Bank- Robert C. Post, the Alexan- ruptcy.” Elizabeth Warren is der F.and May T. Morrison the Leo Gottlieb Professor of Professor of Law at the Uni- Law at Harvard University versity of California, Berke- Law School where she ley, Boalt Hall School of teaches in the areas of bank- Law, on October 23, 2000. ruptcy, contracts, regulated His presentation was enti- industries and corporations. Elizabeth Warren tled,“Supreme Court Deci- She received her B.S. from sionmaking in the 1920s.” the University of Robert C. Post Houston in 1970 Council of the The Lockhart Lec- Professor Post and her J.D. from American Law ture is the oldest received his B.A., and the American Rutgers University Institute. Professor The Lectureship is and most distin- summa cum laude, Council of in 1976. Professor Warren has been named in honor of guished lecture at from Harvard Learned Societies. Warren has taught appointed by John Dewey, Amer- the Law School. University and his He is a fellow of at the University Chief Justice ican philosopher, The lecture series, J.D. from Yale Law the American of Pennsylvania Rehnquist to educator, and names after the 5th School, where he Academy of Arts Law School, the three terms on the scholar. A propo- Dean of the Law was Note Editor and Sciences. From University of Texas Federal Judicial nent of philosophy School William B. of the Yale Law 1992 to 1994, Pro- School of Law, the Center Commit- of legal realism, Lockhart, is now in Journal.He fessor Post was University of tee on Judicial Dewey’s philosophy its 25th year. returned to Har- of pragmatism General Counsel Michigan, Rutgers Education. vard to earn a of the American University of Law Through the lecture related his concep- series distinguished Ph.D. in the His- Association of and the University She has published tion of a moral life scholars, judges tory of American University of Houston Law extensively in the to a variety of con- scholars, judges Civilization.After Professors. Center, where she area of Bankrupt- temporary social, and lawyers enrich clerking for Chief was also the Asso- cy and Commer- economic, and the education pro- Judge David L. A specialist in the ciate Dean for cial Law, including political issues. gram and chal- Bazelon of the area of First Academic Affairs. the following Dewey lived from lenge the thinking United States Amendment The- books and articles: 1859 to 1952 and about important Court of Appeals ory and constitu- Professor Warren’s “The Fragile Mid- spent one year as a issues at the Law for the District of tional jurispru- research interests dle Class:Ameri- professor of philos- School. Columbia Circuit dence, Professor include Empirical cans in Financial ophy at the Univer- and for Justice sity of Minnesota. Post is the author and Policy work in Crisis” (2000); William J. Bren- of several books Bankruptcy and Commercial “Business Bankruptcy” nan, Jr. of the and articles includ- Law, Financially Distressed (1993);“As We Forgive Our United States Supreme ing Constitutional Domains Companies, and Women, the Debtors” (1989);“The Law Court, Professor Post prac- (1995), co-editor of Human Elderly, and the Working of Debtors and Creditors” ticed with the Washington, Rights in Political Transitions: Poor in Bankruptcy. She is (1986), Medical Problems and D.C. law firm of Williams Gettysburg to Bosnia (1999) currently the United States Bankruptcy Filings (2000); and Connolly as a litigator. and Race and Representation: Adviser to the Transnational Financial Characteristics of He joined the Boalt faculty Affirmative Action (1998), and Insolvency Project of the Businesses in Bankruptcy in 1983. editor of Censorship and American Law Institute and (1999); and The Changing Silencing: Practices of Cultural serves on the Nominating Politics of American Bankruptcy Professor Post is a member Regulation (1998),“Prejudi- Committee and the Execu- Reform (1999). of the Board of Editors of cial Appearances:The Logic tive Committee of the Representations, and during of American Antidiscrimina- 1993–1997 was chair of the tion Law,” (2000);“Defend- Board of Governors of the ing the Lifeworld: Substan- University of California tive Due Process in the Taft Humanities Research Insti- Court Era,” (1998). tute at Irvine. In 1990 he received fellowships from the Guggenheim Foundation

Law Alumni News ❚ Spring 2001 35 law news 32-40 4/2/01 10:01 AM Page 36

Law School News and Events

The Horatio Ellsworth Kellar Court of Appeals for the Federal Distinguished Visitors Program Circuit Visits Law School awrence Lessig, Professor n October 3rd, 4th, covered a range of issues Lof Law at Stanford Uni- Oand 5th, 2000, three involving utility patents, versity Law School, present- panels of the United States design patents, trademarks ed the Horatio Ellsworth Court of Appeals for the and environmental regula- Kellar Distinguished Visitor Federal Circuit heard oral tion. Following the argu- lecture entitled,“Innovation arguments in the Twin ments, Merchant and Gould & The Net,” on February Cities, including arguments law firm hosted an all- 22, 2001. at the University of Min- school reception. In the nesota Law School. Students evening, the Law School Professor Lawrence Lessig were able to observe oral hosted a dinner for the recently joined the faculty at arguments before a lively court with Intellectual Prop- Stanford University Law panel comprised of Judges erty law faculty and student School. From 1997 to 2000, Lawrence Lessig Newman, Rader and leaders. he was the Jack N. Michel.The cases argued and Lillian R. Berk- The Horatio antitrust dispute man Professor for Ellsworth Kellar between the Entrepreneurial Distinguished United States Studies at Harvard Visitors Program Department of University Law Class of 2000 was established in Justice and School. He was a 1996 by Curtis B. Microsoft Cor- Visiting Professor at Employment Report Kellar (’40) in poration by Harvard Law School memory of his United States Total Grads 241 during the 1996–97 father Horatio District Court winter term and was Total Seeking Employment 223 Ellsworth Kellar. In Judge Thomas a Fellow at the Har- keeping with his Penfield Jackson. Total Employed 221 (99%) vard University Pro- father’s many inter- gram on Ethics and Total Other 18 ests, Curtis Kellar Professor Lessig’s the Professions dur- Full-time graduate students,or not seeking,or unknown created an interdis- projects include a ing the 1996–97 ciplinary lecture book on the law academic year. Pro- Employment Categories series that connects of cyberspace fessor Lessig served Private Practice 52% emerging issues in (viewing the law as Professor of Law Judicial Clerkships 27% law with other of cyberspace as a and Co-director of Business 10% disciplines such as type of compara- the Center for the Government 5% art, drama and tive constitution- Study of Constitu- Public Interest 4% literature. al law and tionalism in Eastern exploring the Academic 1% Europe at the Uni- significance of Military 1% versity of Chicago Law problems that the regulation Locations School before joining Har- of cyberspace might present), vard’s faculty. His public ser- an empirical study of judicial Arizona, California, District of Columbia, Delaware, vice activities include work efficiency and reputation in Florida, Georgia, Illinois, Kentucky, Massachusetts, with the Chicago Council of the federal courts, and the Michigan, Minnesota, Missouri, North Dakota, Nevada, Lawyers and the Pro-Bono development of an electronic New York, Ohio, Oregon, Pennsylvania, South Carolina, Advocates. casebook builder in the area Texas,Wisconsin, Beijing, Moscow, Pakistan. of contracts. Professor Lessig received his Minnesota 63% J.D. from Yale Law School in Recent publications include: Out-of-State 37% 1989, a M.A. in Philosophy “The Erie-Effects of Volume from Trinity College, Cam- 110:An Essay on Context in bridge University in 1986, Interpretive Theory,” (1997); and a B.A. in Economics and “Reading the Constitution a B.S. in Management from in Cyberspace” (1996); the University of Pennsylva- “Constitution and Code,” nia in 1983. In December of (1997) and “Making Sense 1997, Professor Lessig was of the Hague Tribunal,” named Special Master of the (1996).

36 Law Alumni News ❚ Spring 2001 law news S01 3/29/01 6:39 PM Page 37

Law School News and Events

to violence, and criminal and of Staff to U.S. Senator Larry Staff Recognition juvenile justice. In her posi- Craig in Washington, D.C., tion as Director of Opera- Office Manager to U.S. Sen- Professor Thorpe has been tions at the National Center ator Rudy Boschwitz in assigned lead responsibility for Children Exposed to Washington, D.C., and Chief for working with faculty to Violence at the Yale Child Administrator for the Uni- integrate electronic resources Study Center, she headed up versity of Iowa’s School of into all teaching and a large-scale Department of Art and Art History in Iowa research activities. Professor Justice, Office of Juvenile City. Ms. Mannes recently Thorpe also has additional Justice and Delinquency Pre- moved back to the Twin duties including a broader vention grant focusing on Cities, where she received range of management multi-system efforts to her B.A. from the University responsibilities throughout reduce the impact of expo- of Minnesota in 1987. the Law Library. sure to violence on children and families in nine commu- Suzanne Thorpe nities across the USA. She has also been principal inves- Congratulations to New Law tigator on projects investigat- Suzanne Thorpe. She School Staff ing the incidence and impact has been promoted to Asso- of juvenile family violence, ciate Director for Faculty, Abigail Gewirtz was and on the behavior and Research and Instructional appointed as a Senior Plan- functioning of HIV-affected Services. Her responsibilities ning and Policy Associate adolescents in the juvenile expanded to include an (part-time) for the Criminal court system. Ms. Gewirtz increased leadership role in Justice Institute, beginning has a Ph.D. in Clinical Psy- the creation and delivery of May 2001. She is a clinical chology from Columbia Holly Miller services to support the psychologist with extensive University, she received a research and scholarly con- experience conducting Master’s degree in Counsel- Holly Miller was appoint- cerns of the Law School applied research in the areas ing Psychology from Tel Aviv ed as Planning and Policy community. In addition, of child and family exposure University, and a B.S. degree Analyst for the Criminal Jus- in Psychology from the Uni- tice Institute. She worked versity of London. most recently as a Research Analyst Specialist with the Children’s Services Adminis- tration at the Minnesota Department of Human Ser- vices. In that capacity, she was responsible for the collection, analysis, and report- ing of data on child abuse and neglect in Minnesota as required by state and federal law. From 1997 to 1999, she Dean’s Annual was an Evaluation Special- Roundtable Karen Mannes ist/Project Manager for a Luncheons small Minneapolis-based Every year, Dean Karen Mannes has been company, Professional Data Sullivan sponsors a selected as the Senior Analysts, Inc., where her luncheon speaker series for students to introduce them to Administrative Director for work focused on the evalua- outstanding members of the legal community in an both the Consortium on tion of state-funded pro- informal setting. The guests speakers share past Law and Values in Health grams, such as sexual vio- experiences and answer questions. This year the luncheon Environment & the Life Sci- lence prevention, fetal alco- ences and the Joint Degree hol syndrome intervention featured: Richard Kyle (’62), U.S. District Court Judge; Program in Law, Health & and prevention, and family Paul Anderson (’68), Minnesota Supreme Court Justice; the Life Sciences. She super- literacy programs. Ms. Miller Marianne Short, Dorsey and Whitney; Vance visors all staff and directs all received a Master’s degree in Opperman (’69), Key Investments Inc.; and Alan Page administrative functions. Her Evaluation in Education (’78), Minnesota Supreme Court Justice. Speakers who are past experience includes from the Department of pictured with students are; Edward Touissant, Chief Judge, serving as Administrative Educational Policy & Minnesota Court of Appeals; Amy Klobuchar, Chief Attor- Director and Deputy Chief Administration, University of ney for Hennepin County.

Law Alumni News ❚ Spring 2001 37 law news S01 3/29/01 6:39 PM Page 38

Law School News and Events

Minnesota and a B.S. in west Community Television, legislation for legislators on Brian Thorson has Economics and Finance a local access station. these topics and served as become the Information from the University of Wis- House Counsel to the Technology Professional for consin-Madison. Crime Prevention policy and the Consortium on Law and funding committees. During Values in Health Environ- Marsha Patten joined her tenure with the legisla- ment & the Life Sciences the Law School in the Law ture, Ms. Shapiro worked on and the Joint Degree Pro- School Information Technol- such major topics as juvenile gram in Law, Health & the ogy Service (LITS) Depart- justice reform, sentencing Life Sciences. He will be ment as an Information law revisions, particularly focusing on the Consortium Technology Specialist. Ms. regarding sexual assault and and Joint Degree Program Patten splits her time other violent crime and, web programs, computers between the Law School most recently, recodification and audio video needs. He Clinics and LITS. She previ- of the DWI laws. In addition will split his time between ously worked in the Depart- to her work for the legisla- those programs and the Law ment of Chemical Engineer- Emily Shapiro ture, Ms. Shapiro has spoken School Information Technol- ing and Material Science and at numerous Continuing ogy Service. Mr.Thorson as a medical researcher in the Emily Shapiro, appointed Legal Education seminars recently received his B.S. in Renal and Theraputic as Senior Planning and Poli- concerning recently enacted Computer Science from the Research Departments. Ms. cy Associate for the Criminal state criminal and juvenile University of Minnesota. Patten received her B.S. in Justice Institute, came to the laws and has published many He has also built his own Elementary Education from Law School from the Min- research and information business constructing web- the University of Minnesota. nesota House of Representa- reports for the House sites and providing She also is the Director for tives where she was a Leg- Research Department. Ms. computer solutions for a T.V.Productions of Chamber islative Analyst for over 20 Shapiro has a J.D. from range of clients. Music Minnesota, where years. In that capacity, she Georgetown University Law they produce programs for performed legal and policy Center and a B.A. from national distribution to pub- research on criminal and Brown University. lic schools through North- juvenile justice issues, drafted

The first-year women law students were welcomed to the Law School by members of Lex Alumnae during a January luncheon at the Holiday Inn Metrodome.

38 Law Alumni News ❚ Spring 2001 law news S01 3/29/01 6:39 PM Page 39

Legacies in Law Johnson and Sons

“ didn’t encourage my son Robert W.Johnson graduated I to go into law.The thing from the University of Min- is, he grew up with a lawyer, nesota Law School in 1947. and there’s a way a lawyer The following year, he looks at things and talks about received a two-year appointed things, so when we talked as municipal judge to the city about what he might do I of Anoka by Governor Young- told him to search for some- dahl. He has practiced law in thing that would give him Anoka since then, including self-fulfillment, because that’s thirty years as Anoka County the critical thing.To the Attorney. His son Robert extent that law could do that M.A. came to work for him for him he could evaluate after he graduated from law based on what he heard at school at Minnesota in 1968. home,” Robert W.Johnson From 1971–74, he worked in said of his son, Robert M.A. private practice and also for Johnson. Not only did the the Minnesota Attorney Gen- younger Robert like what the Robert M.A., Robert W., and Ben Johnson. eral’s office under Warren heard at home enough to fol- Spannaus. He returned to the low in his father’s footsteps in Anoka County Attorney’s deciding to study law, he also followed in his father’s career: office in 1974 as Chief Deputy County Attorney, was elected both father and son have held the position of Anoka County as County Attorney in 1982, and still holds that office today. Of Attorney. Robert W.from 1951–1982, and Robert M.A. from his father, Robert M.A. Johnson said,“Dad’s always been a 1983 to the present. Furthermore, both Robert M.A. John- great example to follow, and he certainly taught me an enor- son’s sons, Brad and Ben, are attorneys. Brad, who graduated mous amount, by example and by being a mentor.The most from William Mitchell, is a litigation associate at Gray Plant valuable part of it for me was when I was the Chief Deputy Mooty and Ben, a 1999 graduate of the University of Min- and every morning we’d get together, go through the mail and nesota Law School, recently moved with his wife Michele to talk about the significant issues. Dad’s always had an inquiring Billings, Montana to work for Dorsey Whitney. mind, and he often had ideas he’d come up with, and sometimes I thought they were really nuts, not worthwhile. My Ben remembers that his exposure to the legal world was very strategy was to ignore them, but if he brought up an idea the similar to his father’s experience.What he heard when he third time, I’d listen. He always encouraged disagreement and went to his grandparent’s house created for him an early discussion on matters, he’d never tell me ‘that’s the way it’s interest in the legal world.“I was so much more aware of the going to be, because I’m the County Attorney and you’re not.’ political process than I might otherwise have been, especially I always felt great freedom to argue with him about things, we at the state level, because they were both heavily involved had some grand arguments, but once we’d finally decide on a with issues in the state, especially my grandfather, who was course of action, I was happy to pursue it. I think he had, and good friends with Governor Freeman. I think what I heard still has, an incredible amount of wisdom about things. He has around the dining room table was a little unique, I don’t think the ability to reach out to people. He taught me to see that people get that perspective growing up, hearing about the people are a complex combination of things, and that even world of justice. Legal work has a lot to do with who my when we feel anger about a criminal case, we must look for father and grandfather are; it’s in their fabric.” the good in people, and always, always, do the right thing.”

Law Alumni News ❚ Spring 2001 39 law news S01 3/29/01 6:39 PM Page 40

Legacies in Law

The University of Minnesota Law School Presents The Twenty-Second Annual Summer Program of Continuing Legal Education

Matthew and Paul Rockne displaying an impressive catch. May 29–June 1 and June 4-8, 2001

Tuesday, May 29 The Rockne Tradition M.B.A. Concepts for Lawyers atthew Rockne (’93) remembers walking down the Professor Edward S. Adams Mhalls of the University of Minnesota Law School library and seeing the familiar face of his grandfather, Melroy Wednesday, May 30 Rockne, in the graduation photograph of the class of 1926. Trademarks, Copy and Related Intellectual Property Issues He knew then that someday, after several years of practicing Professor Daniel J. Gifford law in the Twin Cities, he would return to his hometown of Thursday, May 31 Zumbrota, Minnesota, to practice law in the family firm that was founded in 1894 by his great-grandfather,Anton J. The Law of Elections (including Bush v. Gore) Rockne, also a graduate of the University of Minnesota Law Professor Guy Charles School. His grandfather had worked at the firm while manag- Friday, June 1 ing to be a representative in the state legislature for 44 con- Ethics Beyond the Rules* and secutive years. Paul Rockne (’60), Matthew’s father, followed Bias in the Courtroom and Bias in the Law Office** in his father’s footsteps and joined the firm after three years of Professor Maury Landsman active duty in the Air Force’s Judge Advocacy General unit. Today, Paul and Matthew run the law firm in the community Monday, June 4 of 2500. Matthew changed his plans slightly and began to International Estate Planning Highlights: work with his father after one year of law practice in the Traps and Tips for the Practitioner Twin Cities.“I like the immediate contact with the clients Barbara R. Hauser, Visiting Scholar of Law that a small firm affords,” Matthew said,“And I have my father here to provide me with guidance.” Tuesday, June 5 Fair Housing/Fair Share (working title) When Paul graduated from law school,“the Vietnam War was Professor john a. powell just getting cranked up, and the Cuban Missile Crisis occurred while I was on active duty.” He remembers the confined quar- Wednesday, June 6 ters of Fraser Hall and Dean Lockhart with nostalgia. State and Local Taxation and Finance Professor Ferdinand P. Schoettle Matthew said he did not feel any pressure to follow the Rockne tradition of the study and practice of law. In high Thursday, June 7 school, he only thought of sports, but then earned a degree in Concepts in Entrepreneurship electrical engineering and worked for IBM for a short time Professor Edward S. Adams before deciding to go to law school.“I thought I’d get into Friday, June 8 patent law, but then started talking to my Dad about small Cutting-Edge Issues in Employment Law: With a Special town practice.” He has decided that he prefers working with Focus on the ADA and the FMLA people on a more individual basis.“You can really help a per- Professor Stephen F. Befort son with a dilemma or problem, and it’s a big deal to that person, it’s helping a neighbor.” 5.0 CLE credits have been requested for Ethics Beyond the “Matt’s had the experience of working in a metropolitan firm Rules and Bias in the Courtroom & Bias in the Law Office and comparing it to working in the only firm in town,” Paul 6.5 CLE credits have been requested for all other seminars said. He added “We get along pretty well here, get a cross-section of legal issues.The practice of law is changing like every- *Ethics Credits Requested (3 hours) thing else, and we try to stay in tune with those changes.” **Elimination of Bias Credits Requested (2 hours)

“If I have a problem I’m dealing with, I’ll always bounce ideas For Further Information: e-mail off Paul. Obviously we’re father and son, but it doesn’t seem [email protected] or call 612/625-8086. that way so much in the office,” Matthew remarked,“I think we’ve got a pretty good relationship going on here.”

40 Law Alumni News ❚ Spring 2001 5 alum S01 3/29/01 5:29 PM Page 41

Distinguished Alumni Joseph T. Carter Carolyn Chalmers Class of 1983 Class of 1977 oseph T. Carter was appointed to the First Judicial District arolyn Chalmers was appointed by University President Jbench by Governor Ventura in February 2001. He is the CMark Yudof as Grievance Officer for the University of first person of color to serve as a judge in the district. Judge Minnesota on October 2, 2000. She manages the internal dis- Carter earned his B.A. degree from Brandeis University in pute resolution system for employment disputes, except bar- 1979 and a Masters of Social Work in 1980 from Barry Uni- gaining unit disputes covered by union contract, at one of the versity School of Social Work. He received his J.D. degree in largest employers in Minnesota.The University Grievance 1983 from the University of Minnesota Law School, where Policy gives student, civil service, professional and administra- he was a member of Delta Theta Phi Law Fraternity.While in tive, and faculty employees rights to grieve employment deci- law school, Judge Carter participated in the National Moot sions that are contrary to University policy. Court Competition and was a member of the Black Ameri- can Law Student Association. Ms. Chalmers received her J.D. degree cum laude from the Uni- Judge Carter became a Staff versity of Minnesota Law Attorney at Southern Minneso- School in 1977. She also has a ta Regional Legal Services fol- B.A. degree with distinction in lowing graduation from law English literature from Carleton school. He served as an Assistant College, magna cum laude, County Attorney for Scott Phi Beta Kappa and an M.A. County from 1985 to 1986, degree in Anthropology from where he primarily prosecuted Brandeis University. criminal juvenile cases. Judge Carter represented clients in Ms. Chalmers practiced divorce, bankruptcy and crimi- Carolyn Chalmers employment discrimination liti- nal matters at Hyatt Legal Ser- gation for 17 years—at Pepin Dayton Herman & Graham Joseph T. Carter vices beginning in 1986. He then worked as an Assistant where she became a partner in 1981 and later at the Leonard Public Defender for the Second Street & Deinard law firm where, as a partner, she served on Judicial District from 1987 to 1996 and as a Supervisor until the Executive Committee and chaired the Employment 1998. In 1998, he was selected as Chief Public Defender for Department. She has been lead litigation counsel for plaintiff the First Judicial District.As the chief administrator for pub- classes in discrimination cases as well as for employers defend- lic defense in that district, he managed and directed forty-five ing class complaints and implementing consent decrees. She assistant public defenders. has extensive experience in sex discrimination, sexual harassment and academic employment litigation. For several years Judge Carter serves on the following committees: the Min- Ms. Chalmers has been selected by the American Research nesota Supreme Court Jury Task Force, both Dakota and Corporation as a Leading Minnesota Attorney in Employ- Carver Counties Victim Justice Councils, Dakota County ment Law and more recently in the area of Alternative Dis- Intermediate Sanctions Task Force, and Ramsey County Bar pute Resolution (ADR): Employment Law. She enjoys Mar- Association Executive Council. He is a member of the Min- tindale-Hubbell’s highest rating, based on evaluations by her nesota State Bar Association and the Minnesota Association of peers, for both legal ability and professionalism. Black Lawyers. Judge Carter also has been a Mock Trial Attor- ney Teacher at Eastview High School for the past three years. Ms. Chalmers has represented clients in scores of mediations since the early 1980s. She is a qualified neutral under Rule He has been a speaker for Continuing Legal Education semi- 114 of the Minnesota General Rules of Practice and since nars on a variety of topics including: Search Warrants, Bias in 1994, has practiced as a neutral in employment matters. She Jury Selection, Drugs Lies & Videotapes,and Minorities in serves as a mediator in employment disputes, conducts fact- The Legal Profession. finding investigations of sexual harassment and other discrimination complaints, and provides consultations to attorneys and parties in litigation. She was appointed as a Visiting Professor at the University of Minnesota Law School for the fall semester 1995 where she taught upper level courses in employment discrimination law and ADR. She is a frequent speaker at continuing legal education seminars. She is frequently asked by litigation counsel to assist clients who can benefit from the

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Distinguished Alumni

services of a skilled, independent neutral. Ms. Chalmers has president of the Ramsey County Bar Association and past been selected by her peers as a Leading Minnesota Lawyer in president of the Minnesota State Bar Association. Currently, the area of Employment Alternative Dispute Resolution. he is the past Chair of the Saint Paul Area Chamber of Com- merce, a Director of the Riverfront Development Corpora- tion Board and is Past President of the Saint Paul Junior Chamber of Commerce, Minnesota Club, University Club, Michael J. Galvin, Jr. Saint Paul Athletic Club, and Saint Paul Winter Carnival Association. He is currently a trustee of the College of Saint Class of 1957 of Catherine. He was also selected as a Distinguished Alumni ichael J. Galvin, Jr. is a shareholder in the firm of Briggs of the Year by the University of St.Thomas and served as a Mand Morgan. He is based in the St. Paul office and is a trustee of the University of St.Thomas. member of the firm’s Labor and Employment Law Section. He practices principally in the areas of labor, municipal, con- Mr. Galvin is married to Frances Culligan and they have sev- demnation and employment law. en children, two of whom graduated from the University of Minnesota Law School. Mr. Galvin served in the United States Air Force during the Korean Conflict and was dis- charged as a First Lieutenant. He Michael Hatch received his B.A. from the Uni- Class of 1973 versity of St.Thomas and his law degree from the University of ike Hatch was elected Attorney General for the State Minnesota Law School, where Mof Minnesota in November 1998.At the beginning of he was a co-founder of the Uni- June 1999, Mr. Hatch broadened his consumer advocacy versity of Minnesota Law School efforts by becoming the first Attorney General in the nation Student Aid Clinic. He joined to file two federal privacy lawsuits. By the end of June 1999, Briggs and Morgan in 1957. the first step in creating consumer privacy safeguards for Michael J. Galvin, Jr. Minnesotans began when US Bank settled with the state by He has tried cases in state and agreeing not to disclose customer’s private information to federal Courts and appeared before many administrative agen- third parties, such as telemarketers, for purposes of marketing cies both in Minnesota and elsewhere. Mr. Galvin has argued non-financial products and services. Member Works also set- cases before the Minnesota Supreme Court and the Eighth tled with the state in April 2000, promising to change its Circuit Court of Appeals. Using his litigation experience, he business practices. regularly counsels employers on discipline and discharge issues, litigation prevention and assessment. He frequently pro- Mr. Hatch earned a B.A. degree vides training to managers and employers on labor law issues, in political science, with honors, such as union campaigns for recognition, negotiation of col- from the University of Min- lective bargaining agreements, unfair labor practices, and nesota-Duluth in 1970. He administration of labor contracts, including mediation and received his J.D. degree from arbitration of labor disputes. In addition, Mr. Galvin is on the the Law School in 1973 and Neutral Roster as an arbitrator and mediator for the Minneso- went into private practice. He ta Supreme Court. served as Chairman of the Min- nesota Democratic-Farmer- Mr. Galvin organized the first Briggs and Morgan Annual Labor party from 1980 to 1983 Client Labor and Employment Law Seminar in 1983 and also and Minnesota Commissioner has participated in all of the seminar programs since then. He of Securities and Real Estate in appears regularly at Minnesota Continuing Legal Education Michael Hatch 1983.As Minnesota’s Commis- seminars and is sought out as a speaker before industry groups sioner of Commerce from 1983 on matters of employment law and labor law. He has been to 1989, he was the primary regulator of banks, insurance designated a “Super Lawyer” by Minnesota Law & Politics, Mpls- companies, securities and real estate firms conducting business St Paul Magazine and Twin Cities Business Monthly.This group in Minnesota. Hatch streamlined the Commerce Depart- represents the top five percent of Minnesota lawyers. Mr. ment, resulting in saving nearly one-half million dollars annu- Galvin also served as Chair of the University of Minnesota ally. Mr. Hatch received national attention for his work in the Law School Board of Visitors in 1999–2000 and is currently areas of medical malpractice coverage, corporate takeovers the National Chair of the University of Minnesota Law and insurance coverage issues. School’s “Partners in Excellence” program. Prior to being elected Attorney General, while Mr. Hatch Mr. Galvin is past Chair of the Labor and Employment Law was an attorney in private legal practice, he developed a Section of the Minnesota State Bar Association and has been national reputation for representing dozens of breast cancer active in that Section of the American Bar Association. He has and other patients who were denied access to bone marrow a long history of activity with the Bar Association and is past transplants and other lifesaving medical treatment by their

42 Law Alumni News ❚ Spring 2001 5 alum S01 3/29/01 5:29 PM Page 43

Distinguished Alumni

HMO’s and health plans. In 1995, Hatch successfully lead an and Executive Assistant to the Commander, Naval Investiga- effort to require health plans to provide bone marrow trans- tive Command. plant coverage for women with breast cancer. In August 1989 Dean Hutson moved to the Office of Legisla- tive Affairs as Director of Legislation. Between October 1992 and November 1993, he was assigned as the Executive Assis- tant to the Judge Advocate General of the Navy. In Novem- John D. Hutson ber 1993, he resumed duty in the Office of Legislative Affairs. Class of 1972 He assumed duty as Commanding Officer, Naval Service ohn D. Hutson is the Dean of Franklin Pierce Law Center Office in Europe and Southwest Asia , located in Naples, Italy, Jin Concord, New Hampshire. He joined the Law Center in August 1994,. Dean Hutson returned to the Naval Justice on July 10, 2000. Dean Hutson retired from the Navy in June School as Commanding Officer in July 1996. He was pro- 2000 with the rank of Rear Admiral, having served as Judge moted to the rank of Rear Admiral and assumed duties as the Advocate General since 1997. Judge Advocate General of the Navy in May 1997. He also served as the DOD/JCS Representative for Ocean Policy. Dean Hutson was commissioned in the United States Navy upon Dean Hutson was awarded the Distinguished Service Medal, graduation from Michigan State the Legion (with three gold stars), Meritorious Service Medal University in 1969. He received (with two gold stars), Navy Commendation Medal and Navy his J.D. degree from the Univer- Achievement Medal. sity of Minnesota Law School in 1972. Upon admission to the State Bar of Michigan, he attended the Naval Justice School in Newport, R.I. Dean Hutson was assigned to the Law Center in Corpus Christi,Texas John D. Hutson in 1973, where he served as Chief Defense Counsel and Chief Trial Counsel. He was transferred to the Naval Air Station in Point Mugu, California in 1975 and served as the station legal officer for two years before returning to Newport to instruct civil law, procedure and evidence at the Naval Justice School. Dean Hutson earned a Master of Laws degree in labor law from Georgetown University Law Center in 1980 and was then assigned as a legislative counsel in the first of three tours Class of 1950 Reunion in the Office of Legislative Affairs for the Navy. In 1984, he was assigned to the Portsmouth Naval Shipyard in Kittery, Maine, where he served both as Staff Judge Advocate and Administrative Officer. He assumed duty as Executive Officer of the Naval Legal Service Office, Newport, Rhode Island, in 1987. He returned to Washington, D.C. to serve as Staff Judge Advocate

Law Alumni News ❚ Spring 2001 43 class notes S01 3/29/01 5:30 PM Page 44

Class Notes haber, Larson, Fenlon & Vogt 1954 in the areas of labor and Correction Bernard Friel’s was induct- employment law. Class of 1924—Lewis W. Solomon’s name was ed as an honorary member inadvertently misspelled in the 2000 Fall issue. into the American College of Bond Lawyers. Friel is a 1972 shareholder at Briggs and Prior to her appointment as Morgan law firm and con- 1978 deputy assistant secretary, centrates his practice in cor- Todd I. Freeman has been Olson was a partner at the porate law, municipal named a Super Lawyer by law firm Skadden,Arps, finance, government and his peers in the practice cat- Slate, Meagher & Flom in higher education. egories of closely-held busi- Washington D.C. ness, health, tax and estate Honnen Weiss was selected planning.The designation by his peers for inclusion in appeared in Minnesota Law & 1981 the Best Lawyers in America Politics magazine. Gregory S. Madsen joined 2001–2002.Weiss practices the law firm of Rider, Ben- with the law firm of Fel- nett, Egan & Arundel. He haber, Larson, Fenlon & Vogt Philip S. Garon 1980 will be member of the Edu- in the areas of trusts and Dave Kastelic was named cation Law Group, which estates. Philip S. Garon was named senior vice president and provides comprehensive legal chairman of Faegre & Ben- general counsel of Cenex services to educational son law firm’s Management Harvest States Cooperatives institutions. 1958 Committee. Garon is a part- located in Inver Grove William E. Mullin was ner in the Corporate Heights, Minnesota. awarded the Hennepin Finance Group. 1982 County Bar Association Pamela Olson was named Kathleen Hvass Sanberg Family Law Section’s 2000 Daniel Walseth was named deputy assistant secretary has been appointed to the Civility and Professionalism secretary and general counsel (Tax Policy) for the U.S. Minnesota Tax Court by Award.The award is by the Lutheran Brother- Department of the Treasury. Governor Ventura. Sanberg bestowed annually to recog- hood board of directors. At Treasury, she has supervi- was a partner in the Min- nize family law attorneys sory responsibility for the neapolis law firm of Faegre who maintain high standards legal advice and analysis pro- & Benson. of practice, civility and pub- 1974 vided by the Office of Tax lic service. Mullin is a litiga- Allen W. Hinderaker has Policy with regard to all Judith Martin Ventres tion partner at the Min- joined the law firm Mer- aspects of domestic and joined the Gray Plant Mooty neapolis law firm, Maslon chant & Gould. Hinderaker international issues of Feder- law firm.Ventres practices Edelman Borman & Brand. was previously with Hin- al taxation, including legisla- primarily in tax planning shaw & Culbertson law firm. tive proposal, regulatory and return preparation, com- Thomas Vogt from Fel- His areas of practice include guidance, and tax treaties. pensation, stock option and haber, Larson, Fenlon & Vogt intellectual property litiga- law firm was selected by his tion, commercial litigation Class of 1960 Reunion peers for inclusion in the and professional liability Best Lawyers in America litigation. 2001–2002.Weiss practices in the areas of labor and employment law. 1975 Dennis J. Redwing was appointed to a district court 1960 judicial seat by North Car- Edward Weiss was selected olina Governor Jim Hunt. by his peers for inclusion in Redwing has been a deputy the Best Lawyers in America city attorney for the city of 2001–2002.Weiss practices Gastonia, North Carolina with the law firm of Fel- since 1992.

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Class Notes

work developing the accessi- bility of practical materials in law and public libraries for survivors of crimes, their advocates, and their lawyers. He also has had some success with bringing in corporations into his efforts. 1991 Class of 1970 Reunion Neil P.Ayotte joined Innu- ity Inc. as vice president, Peter R. Jerdee family wealth planning, wills general counsel and secre- trusts and probate, as well as 1988 tary. Innuity Inc. is a single charitable gifting, in the Susan D. Lenczewski source provider of e-com- Peter R. Jerdee joined the Financial and Estate Plan- rejoined the law firm Gray merce services to small-busi- Foster Pepper & Shefelman ning Practice Group. Plant Mooty, practicing pri- nesses and channel partners law firm as an associate, marily in the Employee seeking to Web enable their practicing in the Seattle Benefits and Executive customer bases.Ayotte was a office. His litigation and 1983 Compensation Practice partner at the Minneapolis arbitration practice focuses B. Todd Jones has returned Group. For the past six years, law firm Maslon Edelman on securities law (class action to Greene Espel law firm she has served as senior Borman & Brand where he defense and other), antitrust, after serving as United States counsel and corporate secre- practiced in the firm’s cor- intellectual property, profes- Attorney in Minnesota. Jones tary for Enbridge (U.S.) Inc., porate finance group. sional liability defense, bank- will serve business clients in an oil and natural gas ruptcy-related litigation and complex commercial dis- pipeline operator based in various breach of contract putes, leading them through Duluth, Minnesota. 1992 actions. Prior to joining Fos- uncharted areas of law and Chris Bercaw was named a ter Pepper, Jerdee was an technology. Maura O’Connor authored partner at Dorsey & Whit- associate at Fried, Frank, an 1998 article entitled “The ney in Minneapolis. He and Harris, Shriver & Jacobson Mary Vasaly has been Ten Commandments for his wife, Mary McKelvey, in New York. appointed as a charter mem- Lenders Reviewing Leases,” currently reside in Brussels, ber of the Executive Board that has been included as Belgium, where he practices of the Council of Appellate Chapter 5 of a newly pub- international business law Lawyers.Vasaly is a partner lished ABA book The Com- and Mary teaches English. and a member of the Appel- mercial Property Lease,Vol. III They expect to return to late Law Team at Maslon (edited by Professor Patrick Minneapolis in summer Edelman Borman & Brand Randolph, Jr. of University 2002. law firm, where she focuses of Kansas City Law School). her practice in the areas of appellate law and commer- Class of 1975 Reunion cial litigation. 1989 Jon Kirk Hoppensteadt has been nominated for 1987 inclusion in Marquis Who’s Gary A. Debele, a share- Who in the World,19th Edi- holder with the law firm of tion, 2002 as well as Marquis Walling & Berg, was recently Who’s Who in America,56th selected by his peers for Edition, 2002. He has also membership in The Best been nominated for Marquis Lawyers in America. He was Who’s Who in Finance and also recently elected presi- Industry,32nd Edition, dent of Walling & Berg. 2001–02. He has been in Marquis Who’s Who publica- Gregory Galler was recent- tions since 1994 because of ly appointed to the district his national and international court bench in Elk River, Minnesota.

Law Alumni News ❚ Spring 2001 45 class notes S01 3/29/01 5:30 PM Page 46

Class Notes

Charles E. Long joined the 1993 Rider, Bennett, Egan & Arundel law firm practicing in the Education Law Group.

Jill LeBow Prohofsky is a managing attorney at Catholic Charities Law Cen- ter in St. Paul, Minnesota.

Christopher Yetka was named a partner of Lindquist & Vennum law firm. Andrea J. Bernard Class of 1980 Reunion Andrea J. Bernard was 1994 recently admitted into the Chris Braeske announced Daniel R. Kelly joined Fel- joining Rider Bennett, she partnership of Warner Nor- the opening of his law prac- haber, Larson, Fenlon & Vogt worked at Central Minneso- cross & Judd law firm, and tice,The Law Offices of law firm in the Minneapolis ta Legal Services, which pro- she concentrates her practice Christopher M. Braeske, in Office. Kelly represents busi- vides legal assistance to low in the area of commercial October 2000. His office is nesses and individuals in income members of society. and employment litigation. located in Clayton, Missouri commercial and civil litiga- where he practices in the tion and provides general areas of juvenile, family and business advice. 1996 criminal law. In addition, he Michael G. Atkins joined serves as a permanent the Seattle law firm of Gra- guardian ad litem for the St. 1995 ham & Dunn as an associate Louis County Family Court. Michael D. Burville has in its commercial and finan- He and his wife, Stacy joined the law offices of cial litigation department, Brown (’94) reside in St. Otten & Associates. He prac- where he will continue his Louis, Missouri with their tices in the areas of business, practice in commercial liti- children, Henry, 3 and real estate, wills and estate gation, intellectual property Ethan, 1. planning, and family law. litigation, and antitrust litigation.Atkins previously prac- Stacy Brown joined the Allen Hagen has joined the ticed with Badgley-Mullins Lori L. Gibson legal department of law firm of Foley & Lardner Law Group in Seattle. Deutsche Financial Services in San Francisco, California. Lori L. Gibson was recent- in January 2000 as senior Jeffrey Diebel is a Legisla- ly admitted to the partner- counsel. She and her hus- tive Analyst for the Min- ship of the law firm Warner band, Chris Braeske (’94), nesota House of Representa- Norcoss & Judd, where she reside in St. Louis, Missouri tives Research Department. focuses her practice on with their children, Henry, 3 He was formerly with the employment law and litiga- and Ethan, 1. law firm of Oppenheimer, tion of employment and Wolff & Donnelly. commercial matters. Patrick A. Hrbacek joined law firm of Holland & Hart Ryan Hoch is a member of Kristen Jones-Pierre was in Denver, Colorado in the Lindquist & Vennum’s Cor- recognized as one of ten Up Business Department, spe- porate Business Section. and Coming Minnesota cializing in corporate securi- Hoch joined Lindquist & Attorneys by Minnesota ties law. Vennum from Arthur Ander- Lawyer. Minnesota Lawyer Melissa A. Hortman sen’s business tax practice, selects 10 young lawyers Michael J. Kane was where he focused on merg- who have significantly con- named a principal at Fish & Melissa A. Hortman has ers and acquisitions. tributed to the legal com- Richardson law firm. joined the law firm Rider, munity-either through Bennett Egan & Arundel as a Erica McGrady joined the undertaking a leadership member of the Litigation law firm of Akin, Gump, position, trying a significant Department. Hortman prac- Strauss, Hauer & Feld in Vir- case or undertaking a major tices in the areas of employ- ginia. McGrady was previ- pro bono commitment. ment litigation and personal injury litigation. Prior to

46 Law Alumni News ❚ Spring 2001 class notes S01 3/29/01 5:30 PM Page 47

Class Notes

ously with Benesch Fried- lander Coplan & Aronoff law 1997 firm in Cleveland. Stephen Tight joined the Minneapolis office of Nadeem A. Siddiq joined Fredrikson & Byron, where the Toronto office of the law he practices in the finance firm Donohue Ernst & and securities and commer- Young,the affiliate law firm cial transactions service areas. of Ernst & Young Interna- tional in Canada. He is a DeGalynn Wade was member of the Financial recently selected, from hun- Services Group and practices dreds of nominations, as the general corporate/commer- first recipient of the Min- cial law with an emphasis on nesota Vikings/NFL Com- corporate finance. In addi- munity Quarterback award tion, Siddiq co-authored two for her volunteer work with Class of 1990 Reunion papers, the first entitled the Page Foundation. Ms. “Secured Lenders and Real- Wade is a staff attorney in Agrarian Antitrust:A New ization of Trade-Marked the Family Law Unit at the 1999 Direction for Agricultural Inventory” in 15 N.C.D. Rev Southern Minnesota Meg Galvin joined Maslon Law,” which appeared in the 33 (2000) (co-authored with Regional Legal Services St. Edelman Borman & Brand North Dakota Law Review. Alison Manzer), and the sec- Paul Central Office. law firm as an associate, ond entitled “Securing Inter- where she practices in the James D.H. Loushin ests in Copyrights,” (co- Jennifer Wilson is an asso- firm’s Litigation Group. joined the law firm of Fae- authored with Leonard ciate at the law firm of gre & Benson in the Bank- Glickman and Michelle Lee) Leonard, Street and Deinard. Robert L. Smith recently ing Group. delivered at The Canadian became an associate at Institute Commercial Loan Leonard, Street and Deinard John S. MacEachern Finance and Security Con- 1998 law firm. joined the Tax Group of ference, in Toronto, Canada Robert J. Heinrich joined Faegre & Benson law firm. in January, 2000. Mayer, Brown & Platt law firm in Chicago, Illinois. 2000 Shannon Melanie Magill Amy J. Swedberg joined Carousel Andrea Bayrd was named an associate at the law firm of Maslon David R. Moeller has joined the law firm of Traub Littler Mendelson law firm. Edelman Borman & Brand joined Farmers’ Legal Action & Traub, where she special- as an associate. She practices Group, Inc. (FLAG) as a staff izes in plaintiff’s employment Christopher M. McCul- in commercial law and is a attorney. FLAG is a nonprof- discrimination. lough joined the law firm member of the firm’s finan- it law center based in St. Gray Plant Mooty and prac- cial services team, focusing Paul, Minnesota dedicated to Nicholas Boebel joined tices in the area of reorgani- her practice in the areas of providing legal services to Robins, Kaplan, Miller & zation and bankruptcy. banking and financial ser- family farmers and their rur- Ciresi law firm as an associate. vices, creditor’s rights and al communities in order to Kerry Jensen Olson joined bankruptcy, secured lending help keep family farmers on Paul D. Chestovich joined Gray Plant Mooty law firm, and real estate lending. the land. the law firm of Maslon where she practices in the Edelman Borman & Brand area of franchise. Paul J.Yechout joined Gray Dennis R. Weirens joined as an associate, where he Plant Mooty law firm and the law firm of Maslon practices in commercial law David Scouton joined practices in the area of labor Edelman Borman & Brand and is a member of the Meshbesher & Spence law and employment law. He as an associate, where he firm’s Corporate and Securi- firm, where he works as a represents employers in all practices commercial law and ties Team. research attorney. aspects of employment law, is a member of the firm’s including both litigation and Corporate and Securities J.J. Kuhn joined Gray Plant Erin K. Turner joined Fae- counseling. Law Group. Mooty law firm and practices gre & Benson law firm and in the area of business law. practices in the Business Liti- gation Group. Jon K. Lauck won the American Agricultural Law Ryan Vandewiele joined Association Award for Excel- Leonard, Street and Deinard lence in Professional Schol- as an associate in the corpo- arship in Agricultural Law rate department. with his article,“Toward an

Law Alumni News ❚ Spring 2001 47 fac sch S01 3/29/01 6:25 PM Page 48

In Memoriam Tributes Susan Sullivan Remembered

usan Adora Moxon Sullivan, wife of University of Min- years she was the Director of the Career Planning and Place- Snesota Law School dean E.Thomas Sullivan, died on Janu- ment Center at Georgetown University Law Center.While ary 10 of ovarian cancer, ten days before her 52nd birthday.A there, she developed in 1975 the first program at any law Celebration of Life and Friendship was held for Susan at the school for first-year law students on job search strategy and University’s Gateway Center and was attended by many of career satisfaction. her family, friends and colleagues. In 1983 Susan earned her Ph.D. Degree from the University Among those celebrating Susan’s of Missouri-Columbia, after which she served for six years life was friend and past col- as Assistant Dean at Washington University School of Law in league, David Becker from the St. Louis.While at Washington University she also served in Washington University School 1987-88 as President of the National Association for Law of Law. Recently, he remarked Placement, a nonprofit organization of the 175 law schools that “Susan was the kind of per- and more than 1000 legal employers throughout the son who goes through life in a United States. committed way. Committed to ideals, to friends and to work, Her contributions to the NALP were widely regarded as and in doing so she uplifted extraordinary. Lujuana Wolfe Treadwell in an article that people in many different ways. I appeared in the NALP Bulletin, said “Susan was a consum- think it will be very difficult for mate professional who was committed to service, a very stu- me to ever feel sorry for myself dent-oriented career advisor who also understood and Susan Sullivan after seeing Susan’s strength and respected the needs of legal employers and of law schools as exuberance in respect to life. It was something that had a pro- institutions. She was the ideal person to lead the NALP.” found impact on my life and me and something I hold to daily.There’s hardly a day my wife Sandi and I don’t think of In April 1996 Susan was diagnosed with ovarian cancer. her, and always in a positive way.” Since that time she devoted her energy and support to other cancer patients and their families. She served as volunteer Ann Dimock, who met Susan through their common experi- facilitator for the “Life Enhancement Support Group” for ence of cancer, said,“I think about her every day. She was a gynecological cancer patients at Fairview-University Hospital special friend.We both agreed that if we hadn’t had cancer at in Minneapolis. the same time, we wouldn’t have had the opportunity to know each other, and as bad as cancer is, there were these Susan’s last wish was to have memorials sent to the Sparboe moments of unexpected pleasure that cancer could bring into Endowed Chair in Women’s Cancer Research, which is your life, and to some extent, for Susan and I, it was each oth- administered through the Minnesota Medical Foundation and er.Watching Susan go through her death, reading the post- supports the work of obstetrics, gynecology and women’s cards and notes she sent me in which she told me how happy health at the University of Minnesota Medical School. she was to have what she had in her life, gives me more courage to consider the same in my life. She was a great Susan is survived by her husband, E.Thomas Sullivan, her teacher that way, a very great teacher.” mother Margaret Moxon, and her brother Keith. She will be missed by all who were touched by her life, including those Susan Sullivan was a nationally recognized leader in legal of us in the Law School community. career counseling, recruitment and job satisfaction. Her Ph.D. degree dissertation was on the psychology of job satisfaction. Her career in the legal profession began in the 1970s. For five

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In Memoriam Tributes

University of Pennsylvania in Judge Burdick earned his North Dakota immediate Harold E. Stassen late 1948. He again ran for Juris Doctorate degree in family of Usher L. Burdick Class of 1929 the Republican Presidential 1935 from the University of and Emma C. Burdick, a nomination in 1952, but lat- Minnesota. He returned to family of statesmen and arold E. Stassen died er though his support to Williston, North Dakota to lawyers. His father, brother HMarch 4, 2001 in General Eisenhower. practice law. He was and sister were all alumni of Bloomington, Minnesota at appointed to the district the University of Minnesota. the age of 93. Mr. Stassen served in the court bench in 1953, where He is survived by his wife, Eisenhower administration for he served until he retired in May; children,William Bur- Mr. Stassen graduated from five years. He held many 1978. Upon retirement from dick, Minneapolis, and Eliza- the University of Minnesota positions, including member the bench, he was appointed beth Burdick Cantarine, Law School in 1929 and was of the National Security to serve as a surrogate judge Sarasota, Florida; and four elected Dakota County Council, Special Assistant to by the North Dakota grandchildren: Mary Bur- Attorney one year later in the President for disarmament Supreme Court. dick, San Francisco, Califor- 1930. He was elected Gover- policy and chief negotiator at nia, Christopher Cantarine, nor of the State of Minneso- the London arms-control Judge Burdick was awarded Clifton Park N.Y., Robert ta in 1938 and nicknamed conference. He left the Eisen- the North Dakota National Burdick, Minneapolis, and “the wonder boy” because hower Cabinet in 1958 and Leadership Award by Gover- Anthony Cantarine, Sarasota, he was the youngest gover- went into private practice. nor William L. Guy in honor Florida. nor elected in United States of his service at the national history. He supported a civil He ran unsuccessfully for level. He represented North service policy that effectually governor of Pennsylvania Dakota as a member of the eliminated political patron- and mayor of Philadelphia National Conference of age and he created the 30 and moved back to Min- Commissioners on Uniform J. Jerome day “cooling off period” to nesota in 1978. Mr. Stassen State Laws (NCCUSL) until help resolve labor disputes. continued to pursue his his death. He held various (Jerry) Plunkett Governor Stassen was re- commitment to public ser- chairmanships in NCCUSL elected in 1940 and 1942. vice by campaigning for including national president Class of 1949 president in 1962, 1968, from 1971 to 1973. . Jerome Plunkett died at At the Republican National 1976, 1980, 1984, 1988 Jhis home in St. Paul of Convention in Philadelphia, and 1992. He was a grammarian and an congestive heart failure. He he encouraged voters to editor. Judge Burdick was the was 76. become involved in the Mr. Stassen was predeceased Chairman of the Committee World War II during his by his wife, Esther Glewwe on Style for over 25 years. Judge Plunkett received his keynote speech. He resigned Stassen, who died in Octo- He took on major drafting law degree from the Univer- from office in 1943 to join ber 2000.The Stassens are assignments for the State of sity of Minnesota Law the Navy, where he become survived by their two chil- North Dakota, writing Rules School in 1949. Prior to a top aide to Admiral dren, Glen Harold Stassen of of Civil Procedure; Rules of attending law school he William “Bull” Halsey, com- Pasadena, California, a Pro- Court for the District Courts joined the armed forces and mander of the South Pacific fessor of Christian Ethics at of North Dakota; Pattern fought in the invasion of fleet. Mr. Stassen was put in Fuller Theological Seminary, Jury Instructions of the Judi- Normandy and the Battle of charge of the Navy’s prison- and Kathleen Esther Berger cial Council and Revised the Bulge. He was awarded a er evacuation program in of Manhattan, the head of Dakota for the preparation of Purple Heart and a Bronze Japan. He was decorated the Social Sciences depart- the Bench Book for the trial Star.After law school, Judge three times and awarded six ment at Bronx Community courts of North Dakota. He Plunkett went to work at major battle stars. President College; seven grandchil- also served on the Confer- West Publishing Company as Franklin Roosevelt sent Mr. dren; and four great-grand- ence of Division of Judicial an editor. He then served as Stassen to San Francisco as children. Administration of the Amer- a Saint Paul Assistant City part of the United States ican Bar Association in draft- Attorney from 1952 until delegation to try to draft a ing the Appellate Opinion- 1954 when he was appoint- charter for the UN in 1945. Writing Manual and served ed a Saint Paul Municipal Mr. Stassen was the last sur- as Judicial Counsel Advisor Judge by Governor C. Elmer viving signer of the Eugene A. Burdick to the Subcommittee of Leg- Anderson. In 1967, Judge UN Charter. islative Research Committee Plunkett was appointed a Class of 1935 on Judiciary and Code Revi- District Court Judge In 1948, Mr. Stassen narrow- ugene Allan Burdick sion, in charge of editing and by Governor Harold P. ly lost the Republican Presi- Epassed away November publishing the North Dakota LeVander. dential nomination to New 4, 2000 at the age of 88. He Century Code. York Governor Thomas was North Dakota’s senior He is survived by his wife, Dewey. Mr. Stassen then licensed attorney and longest Judge Burdick was the last Patricia; sons, John of Sunfish became President of the serving judge. survivor of the prominent Lake,Tim of St. Paul, Paul

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In Memoriam Tributes

and Michael of Mendota other friends to help. It was Heights; daughters,Ann through working with War- Fred Norton William Earl Marie Musielewicz of St. ren on Friday and Saturday Class of 1955 McGee Paul, Peggy Lyden of Wood- evenings that I got to know bury and Marnie Olson of him and learn of his experi- red Norton died of Class of 1980 Danbury, Connecticut; 13 ences in World War II. Fbone cancer at his home in Marine on St. Croix illiam Earl McGee grandchildren, and one died of complications great-granddaughter. With his wife, child, and on October 28, 2001. He W was 72. from lung cancer on others,Warren took cruises November 13, 2000 at the in the boat until finally set- age of 47. tling in Sitka Bay,Alaska, Mr. Norton received his law degree from the University where he set up shop as a Mr. McGee received his Warren general practitioner, and of Minnesota Law School in 1955. He went into private Juris Doctorate degree from Christianson continued to reside until his the University of Minnesota death last October. practice after law school and then began his public service Law School in 1980, where Class of 1949 career. He served for 10 he was a member of the A Special Tribute to a years as an Assistant Attorney Administrative Law/Consti- Classmate and Friend Warren General. Judge Norton was tutional Law Honors Pro- By Judge Noah Rosenbloom elected to the Minnesota gram. He earned a Masters arren Christianson Eastlund House of Representatives in of Arts degree in Classical Wwas the only student 1966 and was re-elected Studies from the University who completed his legal Class of 1951 through 1986. He was elect- of Minnesota in 1977, as a education while resident arren Eastlund died of ed Speaker of the House Bush Foundation Fellow. He aboard a boat on the River Wcancer at the age of two non-consecutive years in attended Luther College in Flats below Comstock Hall. 76 on November 5, 2000. 1980 and 1987, the first per- Decorah, Iowa and trans- As a teenager, he had son in state history to hold ferred to the University in worked aboard fishing craft Mr. Eastlund received his law such an honor. In 1987, 1972, where he majored in operated by his uncle off the degree from the University Governor Rudy Perpich Latin and minored in Crim- North Shore of Lake Superi- of Minnesota Law School in appointed him to the Min- inal Justice. or.While an undergraduate 1955. He was a cofounder of nesota Court of Appeals, at the University of Min- the Eastlund, Solstad, Cade where he served until his He worked as a staff attorney nesota, he joined the Air & Hutchinson law firm in retirement in 1997. at the Legal Rights Center Force, was distinguished in Minneapolis, practicing in in Minneapolis for three his service overseas and the areas of estate planning, He is survived by his wife, years following law school completed his tour of duty probate and commercial law. Marvel; daughters, Cynthia graduation. He served as a at Wright Patterson Air Mr. Eastlund was a member Norton Tocho of Sunfish Hennepin County Assistant Force Base. During his time of the Board of Trustees and Law and Katharine Norton Public Defender (1983–85) there, he found a farmer served as legal counsel at of Alexandria,Virginia; son, and returned to the Legal with a supply of suitable Bethel College for 20 years. Jeffrey P.Norton of St. Paul; Rights Center as Executive hardwood lumber and some He assisted with the growth stepsons, Kelly Jonason of Director (1987–1992). Mr. building space, and built a and development of the San Luis Obispo, California, McGee then served as an boat from a hand-drawn College during his tenure and Bill Jonason of Assistant Hennepin County sketch he had made. He there. He also taught business Rochester; brother, Henry Attorney until he was made his way to Minnesota law at Bethel and the W.Norton, Jr.; and 10 appointed Chief Public though various waterways University. grandchildren. Defender for the Fourth until he arrived at the moor- Judicial District in 1997. He ing below the University. In He is survived by his wife, was the first African Ameri- the spring of 1947, I first Valerie; four daughters, can to be appointed a Chief met Warren when I accom- Karin Blomquist of Chaska, Public Defender in the State panied a Minnesota Daily Kathleen Bjork of Fergus of Minnesota. He was reap- reporter and photographer Falls, Karna Haugen of Vic- pointed for a second term who were at the river to toria and Kristine Koenigs- in 2000. record his arrival. berg of Plano,Texas; four sis- ters,Verna Larson of Cham- Mr. McGee taught as an Warren worked six days a plin, Phyllis Hanson of Adjunct Professor at William week, operated the dump Cambridge, Beatrice Mitchell College of Law. He mechanism on barges and Thurnstrom of Cambridge, was committed to mentor- moored them to the towboat Joanne Gustafson of for the trips up and down Turlock, California; and river. He recruited me and 10 grandchildren.

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In Memoriam Tributes

ing young attorneys and students. He was also an active member of Pilgrim Baptist In Memoriam Church. Class of 1929 Class of 1948 Class of 1956 Mr. McGee was involved in numerous community activi- Governor Harold E. Stassen Allen O. Feil James A. Fridland ties and organizations, includ- Sunfish Lake, MN Irving,TX Bloomington, MN ing the NAACP,chair of the March 4, 2001 September 10, 2000 June 21, 2000 legal Regress Committee Stephen B. Solomon Minnesota Criminal Rules Class of 1931 Class of 1949 Committee, founding board Minnetonka, MN member of the Minnesota Elmer M. Perrier Warren Christianson November 5, 2000 Institute of Technology, Fergus Falls, MN Sitka,Alaska January 30, 2000 October 19, 2000 ARTS-US, and founding Class of 1965 member and past president of Honorable J. Jerome David Laxson the Minnesota Association for Class of 1932 Black Lawyers. He received Plunkett Honolulu, Hawaii many community and profes- Honorable George O. St. Paul, MN March 27, 2000 sional awards, include the Murray December 5, 2000 1992 Hennepin County Bar Minnetonka, MN November 15, 2000 Class of 1979 Association Pro Bono Award Class of 1950 and the 1992 Minnesota Thomas Sanner Charles A. Johnson Hopkins, MN Minority Lawyers Association Class of 1935 Leadership award. Mankato, MN February 21, 2001 Honorable Eugene A. August 3, 2000 He is survived by his wife, Burdick Sarasota, FL Class of 1980 Rose McGee; four children, Class of 1951 Jason, Jeremy,Adam Davis- November 4, 2000 William E. McGee McGee and Roslyn Har- Warren E. Eastlund Golden Valley, MN Minnetonka, MN November 13, 2000 mon; his father, Earl W. Class of 1938 McGee; a sister, Carol November 5, 2000 Robert W.Dygert McGee Johnson; two broth- Class of 1982 ers, David and Jonathan Minneapolis, MN William J. Endersbe McGee; and one grandson January 9, 2001 Thousand Oaks, CA Thomas C. Grindberg Jaekwon McGee. He is also August 15, 2000 Circle Pines, MN survived by his niece Ashani Leonard E. Hanson November 8, 2000 Sarasota, FL Johnson Turbes; nephews, Class of 1955 Nathan and Jacob Johnson January 18, 2001 and Zachary McGee; and a Honorable Fred C. Norton host of aunts, uncles and Marine on the cousins. His beloved mother, Class of 1941 St. Croix, MN Anna Woods McGee preced- John A. McEachron, Jr. October 28, 2000 ed him in death in 1993. Tucson,AZ November 15, 2000

Class of 1946 William E. Mussman, Jr. Modesto, CA February 11, 2001

Warren F.Weck, Jr. Minnetonka, MN January 18, 2001

Law Alumni News ❚ Spring 2001 51 fac sch S01 3/29/01 6:25 PM Page 52

Faculty Scholarship

Books Michael Tonry, Sentencing and Sanctions in Western Countries (2001) (ed. with Richard S. Frase). Beverly Balos, Law and Violence Against Women: Cases and Materials on Systems of Oppression (2000 Supp.) Michael Tonry, Prisons (1999) (ed. with Joan Petersilia). (with Mary Louise Fellows). Uneven Ground:American Indian Sover- Employment Law and Practice David Wilkins, Stephen Befort, (2000–2001 eignty and Federal Law (2001) (with Tsianina Lomawaima). Supp.) (with Richard Gillman). American Indian Politics and the Ameri- Advocacy on Appeal David Wilkins, Bradley G. Clary, (2001) (with Sharon can Political System (forthcoming 2001). Reich Paulsen and Michael Vanselow).

Barry C. Feld, Cases and Materials on Juvenile Justice Articles Administration (2000). Includes Chapters,Articles and Essays Barry C. Feld, Teacher’s Manual to Accompany Cases and Edward S.Adams, A Statutory Model For Corporate Constituency Materials on Juvenile Justice Administration (2000). Concerns, 49 Emory L. J. 101 (2000) (with John Matheson).

Richard S. Frase, Sentencing and Sanctions in Western Edward S.Adams, Not “If” but “How”: Reflecting on the ABA Countries (2001) (ed. with Michael Tonry). Commission’s Recommendations on Multidisciplinary Practice, 84 Minn. L. Rev.101 (2000) (with John Matheson). Richard S. Frase, Minnesota Misdemeanors and Moving Traffic Violations,Third Edition (2000 Supp.) (with Mar- Beverly Balos, Teaching Prostitution Seriously, __ Buff. Crim. L. tin J. Costello and Stephen M. Simon). Rev.__ (forthcoming 2001).

Joan S. Howland, Retention and Promotion of Minorities Stephen Befort, Reassignment Under the Americans with Disabili- in America’s Libraries (forthcoming, 2001) (with Teresa ties Act: Reasonable Accommodation,Affirmative Action,or Both?, 57 Neely). Wash. & Lee L. Rev.1 (forthcoming 2001) (with Tracey Holmes Donesky). Joan S. Howland, Leadership Roles for Librarians (forthcoming 2001) (ed. with Herbert Cihak). Stephen Befort, ADA Presents an Unpredictable Landscape, Min- nesota Lawyer (April 24, 2000), at 14. John Matheson, Corporations and Other Business Associ- ations—Statutes, Rules and Forms (2000 ed.) (with Stephen Befort, The Sounds of Silence:The Libertarian Ethos of Edward S.Adams). ERISA Preemption, 52 U. Fla. L. Rev.1 (2000) (with Christo- pher J. Kopka). John Matheson, Business Law Deskbook (2000 Supp.) (with Brent A. Olson). Elizabeth Heger Boyle, Making the Case:The Women’s Conven- tion and Gender Discrimination in Japan, Intl. J. Comp. Soc. __ John Matheson, Corporation Law and Practice (2000 (forthcoming 2001) (with Dongxiao Liu). Supp.) (with Philip S. Garon). Elizabeth Heger Boyle, Gender and Professional Purity: Explain- Sharon Reich Paulsen, Advocacy on Appeal (2001) (with ing Formal and Informal Work Rewards for Physicians in Estonia, Bradley G. Clary and Michael Vanselow). 15 Gender & Soc’y 29 (2001) (with Donald Barr).

john a. powell, In Pursuit of a Dream Deferred: Linking Elizabeth Heger Boyle, National Legislating as an International Housing and Education Polices (forthcoming 2001) (ed. Process:The Case of Anti-Female-Genital-Cutting Laws, 34 Law & with Gavin Kearney & Vina Kay). Soc’y R. 401 (2000) (with Sharon Preves).

E.Thomas Sullivan, Federal Land Use Law (15th ed., 2001) Elizabeth Heger Boyle, Is Law the Rule? Using Political Frames (with David Mandeker & Jules Gerard). to Understand Cross-National Variation in Legal Activity, 78 Soc. Forces 1195 (2000). Michael Tonry, Penal Reform in Overcrowded Times (ed., 2001). Elizabeth Heger Boyle, Gesture Without Motion? Poetry and Pol- itics in Africa, 2 Hum. Rts R. 134 (2000).

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Faculty Scholarship

Dan L. Burk, Patenting Speech, 79 Tex. L. Rev.100 (2000). Daniel A. Farber, Triangulating the Future of Reinvention:Three Emerging Models of Environmental Protection, 2000 U. Ill. L. Dan L. Burk, Copyrightable Functions and Patentable Speech, Rev.61 (2000). Comm.ACM, Feb. 2001 at 69. Daniel A. Farber, Courts,Statutes,and Public Policy:The Case of Jim Chen, Diversity and Deadlock:Transcending Conventional Wis- the Murderous Heir, 53 SMU L. Rev.31 (2000). dom on the Relationship Between Biological Diversity and Intellectu- al Property, 31 Envtl. L. Rptr. __ (forthcoming 2001). Daniel A. Farber, Pledging a New Alliance:An Essay on Sover- eignty and the New Federalism, 75 Notre Dame L. Rev.1133 Jim Chen, The Authority to Regulate Broadband Internet Access (2000). over Cable, 16 Berkeley Tech. L. J. __ (forthcoming 2001). Daniel A. Farber, Freedom of Expression,in American Bar Assoc., Jim Chen, Pax Mercatoria: Globalization as a Second Chance at Common Law/Common Rights (2000). “Peace for Our Time,” 24 Fordham Int’l L.J. __ (forthcoming 2001). Barry C. Feld, Race,Youth Violence, and the Changing Jurispru- dence of Waiver, 19 Behav.Sci. & L. 3 (2001). Jim Chen, Epiphytic Economics and the Politics of Place, 10 Minn. J. Global Trade 1 (2001). Barry C. Feld, The Juvenile Court: History and Philosophy, in Encyclopedia of Crime and Just. (forthcoming 2001). Jim Chen, Rational Basis Revue, 17 Const. Comm. 447 (2001). Barry C. Feld, Juveniles in the Adult System, in Encyclopedia Jim Chen, Standing in the Shadows of Giants:The Role of Inter- of Crime and Justice (forthcoming 2001). generational Equity in Telecommunications Reform, 71 U. Colo. L. Rev.921 (2000). Barry C. Feld, The Juvenile Court, in Handbook of Justice Research and the Law (J. Sanders and V.L. Hamilton eds., Carol Chomsky, Introducing Negotiation and Drafting into the 2000). Contracts Classroom, 44 St. Louis U.L.J. 1545 (2000) (with Maury Landsman). Richard S. Frase, International Perspectives on Sentencing Policy and Research, in Sentencing and Sanctions in Western Carol Chomsky, Unlocking the Mysteries of Holy Trinity: Spirit, Countries (ed. with Michael Tonry, 2001). Letter,and History in Statutory Interpretation, 100 Colum. L. Rev. 901 (2000). Richard S. Frase, Sentencing Guidelines in Minnesota,Other States,and the Federal Courts:A Twenty-Year Retrospective, 12 Donald A. Dripps, The Case for the Contingent Exclusionary Fed. Sentencing Rep. 69 (1999) [an abbreviated version enti- Rule, __ Am. Crim. L. Rev.__ (forthcoming 2001) tled Is Guided Discretion Sufficient? Overview of State Sentencing Guidelines appears in 44 St. Louis U. L. J. 425 (2000)]. Donald A. Dripps, Is the Miranda Caselaw Really Inconsistent? A Proposed Fifth Amendment Synthesis, 17 Const.Comment.19 Richard S. Frase, The Search for the Whole Truth about American (2000) and European Criminal Justice, 3 Buff. Crim. L. Rev.785 (2000).

Daniel A. Farber, Do Theories of Statutory Interpretation Matter?, Daniel J. Gifford, Alternative National Merger Standards and the 94 Nw.U.L.Rev.1409(2000). Prospects for International Cooperation (forthcoming in Robert Hudec International Trade Conference proceeding) (with Daniel A. Farber, Economic Regulation (Update), in Encyclope- Robert T. Kudrle). dia of the American Constitution (2nd ed. 2000). Daniel J. Gifford, Microsoft Prologue, __ Antitrust Bull. __ Daniel A. Farber, Disarmed by Time:The Second Amendment and (forthcoming 2001) (with David McGowan). the Failure of Originalism, 76 Chi-Kent L. Rev.167 (2000). Daniel J. Gifford, Innovation and Creativity in the Fine Arts:The Daniel A. Farber, Economic Efficiency and the Ex Ante Perspective, Relevance and Irrelevance of Copyright, __ Cardozo Arts & in The Jurisprudential Foundations of Corporate and Enter. L.J. __ (2000). Commercial Law (Jody Kraus & Steven Walt eds., 2000). Daniel J. Gifford, Why Does A Conservative Court Rule in Favor Daniel A. Farber, Of Coase and the Canon: Reflections on Law of a Liberal Government? The Cohen-Spitzer Analysis and the and Economics, in Legal Canons (J.M. Balking & Sanford Constitutional Scheme, __ Fla. State U.L. Rev.__ (2000). Levinson, 2000). Daniel J. Gifford, Can International Antitrust Be Saved for the Daniel A. Farber, Environmental Litigation After Laidlaw, 30 Env. Post-Boeing Merger World? A Proposal to Minimize International L. Rep. 10516 (2000). Conflict and to Rescue Antitrust from Misuse, 44 Antitrust Bull. 55 (2000) (with E.Thomas Sullivan).

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Faculty Scholarship

Joan S. Howland, Technological Access and Equality in Indian Brett H. McDonnell, ESOPs’ Failures: Fiduciary Duties When Country, __ Libr. J. __ (forthcoming 2001). Managers of Employee-Owned Companies Vote to Entrench Them- selves, 2000 Colum.Bus.L.Rev.199(2000). Joan S. Howland, Challenges of Working in a Multi-Cultural Environment, __ J. Libr.Admin.__ (forthcoming 2001). David McGowan, Innovation,Uncertainty,and Stability in Antitrust Law, __ Berkeley Technology L. J. __ (forthcoming Joan S. Howland, Transforming Law Libraries to Meet the Chal- 2001). lenges of the 21st Century, 11 Trends L. Libr. Mgmt. & Tech. 1 (2000). David McGowan, Making Sense of Dale, __ Const. Comm. __ (forthcoming 2001). Sally J. Kenney, Using the Master’s Tools to Dismantle the Master’s House: Can We Harness the Virtues of Case Teaching? __ J. Pol’y David McGowan, Legal Implications of Open-Source Software, __ Anal. & Mgmt __ (forthcoming 2001). Ill. L. Rev.__ (forthcoming 2001).

Sally J. Kenney, Beyond Principals and Agents: Law Clerks at the David McGowan, Judicial Writing and the Ethics of the Judicial European Court of Justice and U.S. Supreme Court Compared, 33 Office, __ Georgetown J. Legal Ethics __ (forthcoming Comp. Pol. Stud. __ (June 2000). 2001).

Sally J. Kenney, Puppeteers or Agents? What Lazarus’s “Closed David McGowan, Ethos in Law and History:Alexander Hamil- Chambers”Adds to Our Understanding of Law Clerks, 25 L. & ton,The Federalist, and the Supreme Court, 85 Minn. L. Rev.755 Soc. Inquiry 1 (2000). (2001).

Sally J. Kenney, The European Court of Justice, Legal Systems David McGowan, The Problems With the Third Way:A Java Case of the World:A Political, Social, and Cultural Ency- Study, in Regulating the Global Information Society clopedia, (Herbert Kritzer ed., forthcoming 2002). (2000).

Maury S. Landsman, Introducing Negotiation and Drafting into the Miranda Oshige McGowan, Reconsidering the Americans with Contracts Classroom, 44 St. Louis U. L. J. 1545 (2000) (with Disabilities Act, 35 Ga L. Rev.27 (2000). Carol Chomsky). Miranda Oshige McGowan, Property’s Portrait of a Lady, 85 Maury S. Landsman, Bias & Ethics, in Litigation Ethics: Minn. L. Rev. 1037 (2001). Course Materials for Continuing Legal Education (John Q. Barrett & Bruce A. Green eds., 2000) (with Kathleen San- Michael Stokes Paulsen, Looking for a Model Answer: May Con- berg). gress Prohibit Sex-Selective Abortions?, 17 Const. Comm. 165 (2000). Robert J. Levy, Discretionary Prosecution of Child Sexual Abusers: Adolescent Victims, (forthcoming 2001). Michael Stokes Paulsen, Abrogating Stare Decisis by Statute: May Congress Remove the Precedential Effect of Roe and Casey?, 109 John Matheson, Multidisciplinary Practice and the Future of the Yale L.J. 1535 (2000). Legal Profession: Considering a Role for Independent Directors, 32 Loy. U. Chi. L. J. __ (2001) (with Peter Favorite). Michael Stokes Paulsen, A Constitutional Independent Counsel Statute, 5 Widener L. Symposium J. 111 (2000). John Matheson, A Statutory Model For Corporate Constituency Concerns, 49 Emory L. J. 101 (2000) (with Edward S.Adams). john a. powell, Sprawl,Fragmentation,and the Persistence of Racial Inequality: Limiting Civil Rights by Fragmenting Space,Urban John Matheson, The Doctrine of Piercing the Veil in an Era of Sprawl: Causes,Consequences,and Policy Responses, (Greg Squires Multiple Limited Liability Entities:An Opportunity to Codify the ed., forthcoming 2001). Test for Waiving Owners’ Limited Liability Protection, 75 Wash. L. Rev.147 (2000) (with Raymond B. Eby). john a. powell, Fragmentation as a Primary Barrier to Civil Rights Enforcement, 2000 Report of the Citizens’ Commission on John Matheson, Not “If” but “How”: Reflecting on the ABA Civil Rights, (forthcoming 2001) (with Kathleen Graham). Commission’s Recommendations on Multidisciplinary Practice, 84 Minn. L. Rev.101 (2000) (with Edward S.Adams). john a. powell, The New Racial Politics of Social Security, Col- orlines, Fall 2000 at __. Brett H. McDonnell, The Curious Incident of the Workers in the Boardroom, (forthcoming, Hofstra L. Rev. 2001) (Reviewing john a. powell, Race,Poverty,& Globalization , Poverty and Employees and Corporate Governance (Margaret M. Blair Race, May/June 2000, at __ (with S.P.Udayakumar). and Mark. J. Roe, eds.)). john a. powell, Whites Will Be Whites:The Failure to Interrogate Racial Privilege, 34 U.S.F.L.Rev.419(2000).

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Faculty Scholarship

Mary Rumsey, Weighing the Pig:The Mishandling of Reference Robin Stryker, The Future of Socio-Economics, in Socioeco- Statistics, 5 AALL Spectrum 6 (Nov. 2000). nomics: New Perspectives (J. Rogers Hollingsworth & K. Mueller eds., forthcoming 2001). Mary Rumsey, The Essential Internet Tour for Business Lawyers, in Emerging Technical Issues in the Business Law Prac- Robin Stryker, Legitimacy, in International Encyclopedia of tice (2001). the Social and Behavioral Sciences (Neil J. Smelser & Paul B. Baltes eds., forthcoming 2001). C. Ford Runge, Trade will be crucial for the world to feed itself in 21st century, Star Tribune (Minneapolis, MN), Jan. 24, 2001, at Robin Stryker, Interpretive Methods: Macro Methods, in Interna- 9A. tional Encyclopedia of the Social and Behavioral Sci- ences (Neil J. Smelser & Paul B. Baltes eds., forthcoming C. Ford Runge, Labeling,Trade and Genetically Modified Organ- 2001). isms:A Proposed Solution, 34 J. of World Trade 111 (2000) (with Lee Ann Jackson). Robin Stryker, Government Regulation, in Encyclopedia of Sociology (Edgar F.Borgatta ed., forthcoming 2001). C. Ford Runge, A Removable Feast, 79 Foreign Affairs 39 (2000) (with Ben Senauer). Robin Stryker, Comparative and Historical Sociology, in Ency- clopedia of Sociology (Edgar F.Borgatta ed., forthcoming C. Ford Runge, Expansion sostenible del comercio en America Lati- 2001) (with Larry J. Griffin). na y el Caribe, in Comercio y ambiente: temas para avanzar el dialogo (Monica Araya ed., 2000). Robin Stryker, Legitimacy Processes as Institutional Politics: Impli- cations for Theory and Research in the Sociology of Organizations, C. Ford Runge, Minnesota,farmers and food security will all bene- 17 Research in the Sociology of Organizations 179 fit from PNTR, Star Tribune (Minneapolis, MN), May 24, (2000). 2000, at 21A (with Rudy Boschwitz). E.Thomas Sullivan, Harmonizing Global Merger Standards, in C. Ford Runge, Public sector contributions to private land value: The Political Economy of International Trade Law (ed., looking at the ledger, in Property and Values: Alternatives to forthcoming 2001). Public and Private Ownership (Charles Geisler and Gail Daneker eds., 2000) (with Teresa M. Duclos, John S.Adams, E.Thomas Sullivan, Decanal Leadership: Managing Relationships, Barry Goodwin, Judith A. Martin, Roderick D. Squires, and 31 U. of Tol. L. Rev.749 (2000). Alice E. Ingerson). Suzanne Thorpe, Family Law on the Web: Helpful Sites for Practi- C. Ford Runge, Negative Labeling of Genetically Modified Organ- tioners, in 21st Annual Family Law Institute (2000). isms (GMOs):The Experience of rBST, 3 Ag. Bio. Forum (2000) (with Lee Ann Jackson). Suzanne Thorpe, Online Legal Information in Denmark,Norway, and Sweden, 29 Int’l. J. Legal Info. 51 (2001). C. Ford Runge, Transboundary pollution and the Kuznet’s curve in the global commons, St. Paul, MN: University of Minnesota, Michael Tonry, Punishment Policies and Politics in America, in Center for International Food and Agricultural Policy. (2000) Invitation to Corrections (2001). (with Grant Hauer). Michael Tonry, Unthought Thoughts B the Influences of Changing April Schwartz, Is There a Futurist in the (Library) House? 11 Sensibilities on Penal Policies, 3 Punishment & Soc. 167 (2001) Trends in Law Library Mgmt. & Tech., November/Decem- reprinted in Mass Imprisonment in the United States: ber 2000, at __. Social Causes and Consequences (David Garland ed.).

April Schwartz, Rothman,Hein,and AALL:A Short History of a Michael Tonry, Punishment Policies and Patterns in Western Coun- Long-standing Publishing Relationship, in AALL Spectrum, tries, in Sentencing and Sanctions in Western Countries October 2000, at 30. (Michael Tonry and Richard S. Frase eds., 2001).

April Schwartz, Tribal Economic Development,Information at the Michael Tonry, Prisons and Imprisonment, in The International Crossroads: Management,Technology,Policy,American Association Encyclopedia of the Social Sciences (Neil J Smelser and of Law Libraries educational program materials, 92nd Annual Paul B Baltes eds., 2001). Meeting, July 17–22, 1999,Washington, D.C. Michael Tonry, Penal Policy at the Beginning of the 21st Century, April Schwartz, Securities Law Resources, 16 Law Library Asso- in Penal Reform in Overcrowded Times (ed., 2001). ciation of Maryland News, March, 1998, at 8. Michael Tonry, Prison, in World Book Year Book 2000 Robin Stryker, Disparate Impact and the Quota Debates,Law, (2000). Labor Market Sociology,and Equal Employment Policies, 42 Soc. Quarterly 13 (2001).

Law Alumni News ❚ Spring 2001 55 fac sch S01 3/29/01 6:25 PM Page 56

Faculty Scholarship

Michael Tonry, Fragmentation of Sentencing and Corrections in Book Reviews Penal Reform in Overcrowded Times ( America, in ed., Trial Magazine A 2001). Daniel A. Farber, , January 2001 (reviewing People’s History of the Supreme Court (Peter Irons)). David Weissbrodt, The Way Ahead for the AI Mandate, A.I. Doc. Pol 21/03/00 (2000) (with Peter Pack). Daniel A. Farber, Response: Green Scholarship—An Oxymoron?, 3 The Green Bag 231 (2000). David Weissbrodt, Updated Review of the Implementation of and U.N. Doc. Daniel A. Farber, 19 J. Policy Analysis and Management Follow-Up of the Conventions on Slavery, 650 E/CN.4/2000/3 & Add.1 (2000) (with Anti-Slavery Interna- (2000) (reviewing Greed,Chaos,and Governance: Using tional). Public Choice to Improve Public Law (Jerry L. Mashaw)). 17 Const. Comm. 137 David Weissbrodt, Principles Relating to the Human Rights Con- Daniel A. Farber, (2000) (reviewing The duct of Companies, U.N. Doc. E/CN.4/Sub.2/2000/WP.2/ Trouble With Principle) (Stanley Fish)). WP.1 & Add.1 & 2 (2000). Daniel A. Farber, Measuring First Amendment Value:Rebraf’s First 17 Const. Comm. 3 David Weissbrodt, Human Rights and International Law and Chronicle, (2000). Institutions, in Common Law, Common Values, Common Rights 93 (Peter Goldsmith & Roberta Cooper Ramo eds., Sally J. Kenney, Reviewing Melissa S.Williams, Voice,Trust,and 2000). Memory: Marginalized Groups and the Failings of Liberal Represen- tation (1998) Women and Politics (forthcoming 2001). David Weissbrodt, An Analysis of the Fifty-first Session of the United Nations Sub-Commission on the Promotion and Protection of Human Rights, 22 Hum. Rts. Q. 788 (2000) (with Mayra Gomez and Bret Thiele).

David Weissbrodt, The Beginning of a Sessional Working Group on Transnational Corporations Within the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities, in Liability of Multinational Corporations Under Interna- tional Law 119 (Menno T. Kamminga & Saman Zia-Zarifi eds., 2000).

David Wilkins,Governance Within the Navajo Nation: Have Democratic Traditions Taken Hold, Wicazo Sa Rev. (forthcoming 2001).

David Wilkins, Shape-Shifter, Stan. L. & Pol’y Rev. (forthcoming 2001)

David Wilkins, A Constitutional Conundrum:The Resilience of Tribal Sovereignty During American Nationalism and Expansion, 1810–1871, (forthcoming 2001).

David Wilkins, An Inquiry Into Indigenous Political Participation: Implications for Tribal Sovereignty, 9 Kan. J.L. & Pub. Pol’y 732 (2000).

Susan M.Wolf, Should We Offer Predictive Testing for Fatal Inher- ited Diseases and,If So,How?, in Ethical Dilemmas in Neu- rology 22 (Adam Zeman & Linda L. Emanuel eds., 2000) (with Horejsi).

56 Law Alumni News ❚ Spring 2001