Fall 2009 Southern Methodist University

“THE SOHMEN SCHOLARS”

A Tenth Anniversary Celebration Beijing, China

“LAW PROFS: ON WRITING BOOKS” SMU Dedman Faculty Books published by Yale (2), Oxford (2), Michigan, Aspen, and Routledge-Cavendish. p. 8

Justice For All? Perceptions of Racial and Ethnic Bias in Our Courts p. 36

5 Years of World-Changing Collaboration on the Rule of Law p. 32 Dr. Helmut Sohmen ’66

T H E Q U A D 1 Fall 2009 TheQuad Volume 40 Number 1

Dean John B. Attanasio

Associate Dean for Development & Alumni Affairs Lynn Switzer Bozalis

Managing Editor Patricia S. Heard

Art Director Kristy A. Offenburger

Writers & Contributors Doug Yeager, Leigh Camp, Danielle Cross, Mark Curriden, Kristy Offenburger, Leah Sanchez, Robin Webb

Photographers & Contributors Billy Colegrove, Joshua King, Rob Wythe, Rebekah Bell, Kristy Offenburger, Hillsman Jackson

Office of Alumni Development Dedman School of Law

P.O. Box 750116

Dallas, TX 75275-0116

Telephone: (214) 768-3341 Fax: (214) 768-3340 Email: [email protected] http://www.law.smu.edu

The Quad is published by the Southern Methodist University Dedman School of Law for graduates and friends of the law school. Reproduction in whole or part of The Quad without permission of the publisher is prohibited.

Southern Methodist University will not discriminate on the basis of race, color, religion, national origin, sex, age, disability, or veteran status. SMU’s commitment to equal opportunity includes nondiscrimina- tion on the basis of sexual orientation.

2 SMU DEDMAN SCHOOL OF LAW TABLE OF CONTENTS

FEATURES ADDITIONAL HIGHLIGHTS “THE SOHMEN SCHOLARS” A Tenth Anniversary Celebration, Beijing China. p. 4 “JUSTICE FOR ALL?” Perceptions of Racial & Ethnic Bias “LAW PROFS: in our Courts p. 36 ON WRITING BOOKS” SMU Dedman Law Faculty p. 8 FULBRIGHT SCHOLARS Professors Xuan-Thao Nguyen & John S. Lowe Receive Fulbright Scholarships p. 7

RULE OF LAW FORUMS SMU Dedman School of Law Marks Its 5th Year in Hosting “Rule of Law Forums” p. 32

CAREER SERVICES Restructures to Meet Challenges p. 26

ADMISSIONS Launches Undergraduate Pre-Law Scholars Program p. 27

p. 4 EVENING PROGRAM UPDATE Reinstated Evening Program Celebrates 5th Anniversary p. 24

SMALL BUSINESS CLINIC–AT&T AT&T Lawyers Volunteer Time to Support the Law School’s Small Business Clinic p. 38

save the date! DISTINGUISHED ALUMNI AWARDS REUNION 2008-2009 Award Winners p. 40 FACULTY SCHOLARSHIP WEEKEND SMU Dedman School of Law Faculty p. 78 APRIL 24, 2010 FACULTY ARTICLE By Daniel W. Shuman, M. D. Anderson Foundation Endowed Professor of Health Law p. 58

CLASS NOTES Alumni News & Accomplishments p. 110

T H E Q U A D 3 THE SOHMEN SCHOLARS

By Mark Curriden Senior Communications Counsel, Vinson & Elkins LLP

sohmen scholars Theean John Attanasio Kong businessman and SMU Law went to one student per year. Since stood before the inter- School graduate Helmut Sohmen then, it has been expanded to four national law students, had an idea to develop a program students per year. as he does each year that recruited and educated the best at orientation. He and brightest Chinese law students introduced himself and his staff. to study international law in Dallas. “People ask me, what THE SOHMEN SCHOLARS D Then he asked each of the students The hope was that these young can four people really to introduce themselves and tell lawyers would return to China to why they were in the SMU Dedman help encourage and develop much accomplish in a country School of Law’s International LL.M needed legal reforms. as large as China?” Dr. program. To achieve this vision, Dr. Sohmen says. “I tell them, A young Asian student rose Sohmen donated $2 million in 1998 from his chair and gave his name. to the SMU Dedman School of Law four people can do a lot for the creation of the Sohmen over time. The right four “I’m a Sohmen Scholar,” he Scholarship Program. Dr. Sohmen proudly announced, “and I came contributed another $1 million to people can change the here because I intend to be the the fund in 2008. future. Of course, we are future President of China.” “My wife and I have always been talking about a lot more A French student seated next to interested in supporting education than just four people get- him stood. “And I’m here at SMU because we believe that education because I want to become friends is the first and foremost solution to ting the scholarships.” with the future President of China.” the problems in our world,” says Dr. Sohmen, who is the chairman While the students and During the past 11 years, 46 and president of BW Shipping faculty smiled and laughed at the of China’s top law graduates have Group, which is a global leader in comments, the importance of the attended SMU’s International LL.M. private shipping, tankers and bulk moment was not lost on Dean program thanks to the Sohmen carrier fleets. Attanasio. A vision was becoming a Scholarship. Many scholars have reality. The scholarship, which covers returned to China to become Only a decade earlier, Hong tuition and living costs, originally partners in the country’s leading law firms, general counsels in the

4 SMU DEDMAN SCHOOL OF LAW Above Left: Dean John B. Attanasio and Dr. Helmut Sohmen with The Honorable Duan Xiaojing and the 2009-2010 Sohmen Scholars. Above: Sohmen Scholars gather with Dr. Helmut Sohmen for a Tenth Anniversary Celebration at the Shangri La Hotel in Beijing, China. Lower left: Dr. Helmut Sohmen received China’s “Friendship Ambassador” award in Fall 2008 for his contributions to China-Austria ties.

The Sohmen Scholarship Program

10thAnniversary Celebration SCHOLARS SOHMEN THE nation’s businesses, and professors an academic or a judicial officer. Shipowners Association and the at its most prestigious educational But sometimes, one’s experiences Hong Kong Chamber of Commerce. institutions. and opportunities change one’s He was president of the Baltic and thoughts and decisions and direc- International Maritime Council in “Being a Sohmen Scholar tions in life.” Copenhagen and the chairman of in China is shorthand for being the Pacific Basin Economic Council extraordinarily bright and suc- in Honolulu. And he is currently the cessful,” says Dean Attanasio. “Being at SMU opened deputy chairman of the Hong Kong “The Sohmen Scholars are in high and Shanghai Banking Corporation. demand for jobs at China’s law my eyes to opportunities firms and businesses. Sohmen and to finding solutions to In May 2009, Seatrade, which Scholars are teaching constitutional is the maritime industry’s leading law and international law at China’s problems in law and busi- trade publication, awarded Dr. largest and most influential law ness,” Dr. Sohmen says. Sohmen its prestigious Lifetime schools.” He worked as a lawyer for Achievement Award. Dr. Sohmen’s history with the Royal Bank of Canada But through it all, Dr. SMU goes back to 1964, when he Sohmen and his family have been attended SMU’s Master of Laws in Montreal, before his dedicated to promoting educational for Foreign Law School Graduates wife, Anna Pao, persuaded opportunities for those who need it. Program. He graduated two years He has funded several scholarship later with a Master of Comparative him to join the family’s programs at universities around Law degree. shipping business in Hong the globe. “I benefited greatly from my Kong in 1970. The idea for the Sohmen studies at SMU,” says Dr. Sohmen, who was born in Linz, Austria in Scholarship Program came BW Shipping now has 12 offices 1939. “Going to SMU changed my during a 1998 conversation life. The experience was invaluable internationally, serves more than to my career. I wasn’t planning 40 ports, and sails the five oceans. with Dean Attanasio. “I Over the past four decades, Dr. to be a businessman. I assumed I told John that I wanted would be in the legal field for the Sohmen has held many prestigious rest of my life. I thought about being positions. He chaired the Hong Kong to pay something back to

T H E Q U A D 5 the law school and to help University Law School, where he now ing, I decided to be a lawyer in China teaches. after my graduation from SMU,” he improve the reputation of says. “Now I am a partner in Beijing the law school internation- “That year was my first long DeHeng Law Office, which is one of period of overseas study,” says the biggest and the most famous law ally,” says Dr. Sohmen. Professor Li. “It greatly broadened firm in China. I lead the corporate my horizon and consolidated my “John and I recognized the team to provide legal service for a lot understanding of the U.S. laws and of important enterprises, such as the need to try to bring out more bright American people.” scholars from China to the rest of Three Gorges Company, the Datang the world to help them understand Professor Li says that he is Power Company and the Agriculture how legal systems in other countries constantly reminded of the classes Bank of China. operate and to get them to experi- he took with Professors Attanasio, “The Sohmen Scholarship ence life in other countries, and then Crespi, Norton, Rogers and Nguyen changed my life,” he says. “I hope have them return to China with this as he teaches his law students in more and more Chinese students knowledge and experience,” says China now. can benefit from it. I wish that Dr. Sohmen. “Our goal was to create “The Socratic method and case China benefits a lot from the Sohmen an elite group of young lawyers who laws impressed me most at that Scholarship in the future.” would go back to China with this time,” he says. “I learned a lot from knowledge to help with the reforms Jiequing Lu, a 2007 graduate my classmates as well. There were 46 in the China legal system. The rule of SMU’s LL.M. program, says the students from 19 legal jurisdictions of law plays a strategic role in the Sohmen Scholarship is “the most in the LL.M. class of that year. I still economic and political reforms that coveted scholarship” granted to one remember vividly the first time when are taking place.” or two of the best post-graduates in we all met in Walsh room. Although Fudan School of Law each year. “The concern in the early days bantered by my fellow classmates as of the scholarship was the risk that too serious, I did enjoy very much “Being a Sohmen Scholar is the students would be lured to stay in the the time at SMU. Such affinity and most important identity I cherish,” west,” says Dr. Sohmen. “To meet friendship will certainly continue. says Ms. Lu. “It is not just about Dr. the ultimate objective and to prevent Now each year I help arrange the Sohmen graciously paying the tuition any criticism from the leaders of interviews with new candidates fee for the law school. It also relates China, we wanted scholars who were in China for the SMU Dedman Law to some grand goal of each Sohmen committed to return to China.” study.” Scholar making contributions to im- proving the Chinese legal system in Dr. Sohmen says that this hasn’t Professor Li says that all the his own way. I have deep respect for been a concern for the past few years. Sohmen Scholars share the same

THE SOHMEN SCHOLARS Dr. Sohmen as I came to understand The scholars are eager to return great appreciations toward Dr. the efforts he has made to shape the to China, he says, pointing to the Sohmen. “As time goes on and the young legal minds in China.” student who dreams of becoming his group keeps growing, it will become nation’s president. “It is good to have even clearer the contributions the Ms. Lu says SMU taught her to ambitious students,” he says. Sohmen Scholarships have made in be a “sharp thinker.” She points to shaping the rule of law in China. It the intellectual stimulation of being Dean Attanasio points out that has also strengthened the tie between challenged by professors to seek Dr. Sohmen, who became SMU’s first SMU and China.” every possible alternative for each international trustee in 1999, travels case. “In the real world, it also works to Dallas twice annually for univer- SMU Dedman School of Law if you could be methodological and sity board meetings. He always takes Professor Xuan-Thao Nguyen, who logical,” she says. time to have lunch with the scholars selects many of the Sohmen Schol- at the law school. ars, added, “It is a great pleasure to “But the experience I had at SMU have the Sohmen Scholars on our is more than academics,” says Ms. More than 30 of the Sohmen campus. We pick the top law students Lu. “I enjoyed hanging out regularly Scholars came from across China in in China and they provide excellent with my host family, sharing views October 2008 to gather for the 10th exposure for our J.D. students. on different cultures with interna- anniversary celebration of the pro- Sohmen scholars are picked because tional students, traveling with my gram at the Shangri-La, China World we believe they will become not only SMU friends to the exciting tourist Hotel in Beijing. Each of the students great lawyers, but great leaders.” spots in the States. My SMU experi- personally thanked Dr. Sohmen and ence was a real eye-opener.” his wife for their commitment to Guo Kejun, a Sohmen Scholar the international law program at the in 2002, remembers the impact of “Dr. Sohmen, thank you for SMU Dedman School of Law. meeting Dr. Sohmen. giving me the opportunity to have the best education,” says Ms. Lu. Guo Li was one of the first “It was a very important moment “You are my inspiration!” Sohmen Scholars, attending SMU in in my life to meet and have dinner 1999 after graduating from Peking with Mr. Sohmen. After that meet-

6 SMU DEDMAN SCHOOL OF LAW FULBRIGHT SCHOLARS

Fulbright Scholar Grant Awarded to Professor Xuan-Thao Nguyen SMU Dedman School of Law Professor Xuan-Thao Nguyen received a Fulbright Scholar grant to develop an intellectual property law curriculum at the Vietnam National University Faculty of Law in Hanoi. Nguyen, born in Vietnam but raised in the United States, was the first American law professor to lecture at the Vietnamese law school. “When I leave, they will teach the students using the curriculum I have developed,” Nguyen said. “I’ve been working on a book for them to use.” Nguyen’s award allowed her to work in Vietnam from January through June 2009, as one of approximately 1,100 U.S. faculty members and professionals who have traveled abroad through the Fulbright Scholarship program. Professor Nguyen received her B.A. from Oberlin College and her J.D. from Northeastern University School of Law. She joined the Dedman School of Law faculty in 2003 and focuses her teaching and

research on intellectual property, the internet, commercial law, and SCHOLARS FULBRIGHT taxation. Nguyen has authored treatises and casebooks on those topics, and her scholarship has also been published in numerous law review articles. Professor Nguyen is a frequent speaker at national and international conferences. She also orga- nizes and chairs the SMU Dedman School of Law Annual Symposium on Emerging Intellectual Property Issues and provides technical expertise to the Vietnamese government, law schools, and bar associations.

John Lowe, george w. hutchison professor of energy law, Named Fulbright Senior Specialist in Energy Law Last fall Professor John S. Lowe was named a Fulbright Senior Special- ist in Energy Law and served as the Borden Ladner Gervais LLP Visiting Chair of Energy Law and Policy at the University of Alberta. He also taught at Universidad de ESAN, in Lima, Peru, during his leave, and at Universidade Agostinho Neto, in Luanda, Angola, this past sum- mer. Lowe is a visiting professor annually at the Center for Energy Petroleum and Mineral Law at the University of Dundee, Scotland, the University of Melbourne and the University of Sydney, in Australia, offering a course in international petroleum transactions. “Teaching internationally is a great way to see other cultures and legal traditions. And law schools around the world are drawing on the faculty of the Dedman Law School to make courses available to their students that they do not have the expertise to offer,” says Lowe. Professor Lowe was named Senior Associate Dean for Academic Affairs at SMU Dedman School of Law in June 2009. A member of the faculty since 1987, Lowe received his Bachelor of Arts Degree in 1963 from Denison University and his Bachelor of Laws Degree in 1966 from Harvard University. He has written many articles and books, including Cases & Materials on Oil & Gas Law, Hemingway on Oil & Gas Law Taxation, and International Petroleum Transactions. Professor Lowe is currently an International Legal Advisor for Iraq oil issues in the Com- mercial Law Development Program of the U.S. Department of Commerce.

T H E Q U A D 7 By Mark Curriden Senior Communications Counsel, Vinson & Elkins LLP “law profs: ON wRITING BOOKS”

SMU DEDMAN SCHOOL OF LAW FACULTY Books published by Yale (2), Oxford (2), Michigan, Aspen, Routledge-Cavendish, and American Law Institute (ALI).

The subject matters are Any of these could easily be – in of law writing books and straight from the national fact, many already have been – the topic of front page articles in the publishing articles. Legal news headlines: Interna- New York Times or the Wall Street scholarship must be tional travel and national Journal. They are subjects being encouraged and security; Insider trading debated in the halls of Congress, studied by global think tanks, and promoted.” on Wall Street; Mental discussed at judicial conferences, health disabilities in the bar associations, and international “These books increase the profile workplace; Methodologies corporate retreats. Some of these of the individual professors and issues are discussed around dinner increase the prestige of the SMU revealing how U.S. Supreme tables. Dedman School of Law,” says Attanasio. “To say that I am proud

LAW PROFS: ON WRITINGCourt BOOKS justices decide cases; The future of the American These important subjects of their accomplishments would be are also the focus of new books a significant understatement.” tort system; Holding gov- authored by faculty members at the ernment leaders respon- SMU Dedman School of Law. Nine Indeed, the power of the pen cannot be over-emphasized. Judge sible for economic crimes; SMU law professors have either written monographs or restatements Minor Wisdom of the U.S. Court of The global growth of plea during the past year or are currently Appeals for the Fifth Circuit, in an bargaining; and how did the under contract to write them within interview just a few weeks before he billable hour take over the the next year. The books are being died in 1999, told a reporter for published by some of the leading The Dallas Morning News that he practice of law. academic publishers, including feared too many lawyers and judges Oxford Press, Yale University Press, “fail to understand the influence of Aspen Press, and the University of the written word.” Michigan Press. “We learn and we teach through writing,” Judge Wisdom said. “Our faculty is “Words help us understand why showcasing its expertise things happen and why some of those things need to change.” like never before,” says From Chief Justice John Marshall SMU Law Dean John At- to Justice Sandra Day O’Connor, tanasio. “We have more leaders of the legal profession have publicly acknowledged the historic and more faculty members role of academic scholarship in the in so many different areas development of the law. Legislators,

8 SMU DEDMAN SCHOOL OF LAW By Mark Curriden Senior Communications Counsel, from Tip O’Neil to Bob Dole, have and the Rupert and Lillian Radford Michigan, which led to Steinberg Vinson & Elkins LLP trumpeted the written work of pro- Professor of Law at SMU. “Writing accepting a staff attorney’s position fessors and practitioners to shape our is a way for me to channel what I do in the enforcement division of the nation’s laws. It is how legal trends, well. It is also wonderful for me to be U.S. Securities and Exchange Com- developments, and ideas – new and able to use and teach from my own mission. Those kinds of credentials old – are examined and vetted. It textbook, because it gives me better are cherished by trade publishers is the foundation of the permanent control.” who seek writers with an insider’s “law profs: record we know as jurisprudence. insight into how things operate. Steinberg’s passion for writing Besides, as Mark Twain put it is evident in the fact that he has Such experiences led to the topic more simply, “It is no use to keep authored or co-authored more than of Steinberg’s upcoming book, the ON wRITING BOOKS” information private, which you can’t 125 law review articles and more third edition of his co-authored show off.” than 25 books on securities regula- Treatise on Insider Trading, to be tion and litigation. He has published published by Oxford University As a lawyer and journalist who three books during the past year, Press, with sections called “Optimal has published five books, two of including Securities Regulation: Compensation for Corporate which were bestsellers, I understand Liabilities and Remedies, and is Executives” and “The Temptation to the significant effort that each of writing a fourth. Consider Insider Trading Moral.” the nine SMU Law professors have invested in their projects. They have “Writing has treated me well,” “There have been tons of insider chosen subject matters that are he says. “The most important thing trading cases – probably too much fascinating and topical, and yet fall we do is teach, which includes emphasis on insider trading,” he within their professional expertise. building relationships with our says. “A criticism of the SEC, rightly They have spent months – in some students. But the second most or wrongly, is that it hasn’t gone cases, several years – meticulously important thing we do is write, after the big fish. It focuses on the researching in preparation to write. because writing allows us cases that are easy to win. The reason Each has collected boxes and boxes of to influence practitioners.” is that the SEC has been a lawyer- BOOKS WRITING ON PROFS: LAW materials. driven enforcement agency. It needs Most legal scholars, Steinberg to diversify. It needs to hire top flight And then comes the writing, included, stay close to home on MBAs and CPAs who are hungry.” which can be a daunting task. Scores their subject matters. They write of notepads have been consumed what they know, what they teach, developing outlines and organizing and what they find fascinating. the materials into presentable Steinberg, for example, has written patterns of thought. Each professor three books on lawyers’ professional is passionate about his or her subject responsibilities under Sarbanes- matter. They found the process of Oxley and other federal securities doing a book intellectually challeng- acts. As a result, he has established ing as well as personally gratifying. himself as one of the most sought- after legal experts to testify on the liabilities and ethical responsibilities of business lawyers. “Most of the problems big law firms face is when they have a rogue satellite office doing something the Jenia Turner partners in the other offices don’t Associate Professor of Law know about or aren’t adequately supervising,” he says. “For this aving already written nu- reason, we are seeing more and more merous law review articles, firms hiring their own in-house HAssociate Professor Jenia general counsels. Iontcheva Turner has just finished writing her first book, which will “It is entirely fortuitous that roll off the press later this year. Plea Marc Steinberg I ended up focusing on securities Bargaining Across Borders is not litigation,” says Steinberg, who was Senior Associate Dean your usual textbook. for Research and Rupert and retained as an expert in the Enron Lillian Radford Professor of Law and Martha Stewart cases. “I didn’t Starting with the first two even take a securities law class in law sentences in the introduction, school.” Turner has written a book that is I actually love writing,” both scholarly and easy to read. Steinberg accepted a position as says Marc Steinberg, Senior “Over the last three decades, a quiet legislative counsel for then Senate Associate Dean for Research revolution has occurred in criminal “ Minority Whip Robert Griffin of

T H E Q U A D 9 justice systems around the world,” “Despite the recent advance of charges from, say, drug distribution she writes. “Plea bargaining has been plea bargaining globally, the practice to possession in return for coopera- introduced in systems that had long remains controversial in the country tion is prohibited.” opposed the practice.” where it originated and where it The most important point of the Over the next 270 pages, Turner is most entrenched – the United book, says Turner, is to understand provides an inside glimpse into States,” Turner writes. “American these changes and how they are the history and future of a key scholars have long expressed coming about. “There are certainly and quickly evolving aspect of the concerns about the fairness of good and bad aspects of the plea criminal justice systems in a handful plea negotiations. Some have even bargaining systems as they are of countries. Turner relies on “a lot compared the coercive aspects of developing,” she says. “But the U.S. of original work,” including scores plea bargaining to the procedures of could learn a lot from these experi- of interviews with practitioners, medieval inquisitions.” ments.” judges, law makers, and policy It has been those and other advisers. The book is heavy on real concerns, according to Turner, that life examples or cases as a means of have kept most countries from demonstrating what is happening in adopting plea bargaining. each of the countries profiled. “Most civil law systems, such as “There are big debates going Germany, have long been opposed to on right now about criminal law plea bargaining,” says Turner. “That systems, especially as international started changing informally in the business becomes more transna- early 1990s. No laws were changed, tional and as crimes and criminal it just started quietly happening investigations cross borders,” says between lawyers and judges. There Turner. “The rise in complex crimes was no clear legal authority to allow and the need to resolve cases more it, so it was done between the lines.” quickly – in other words, practical DANIEL SHUMAN reasons – led to several countries Turner says that the Federal taking another look at plea bargain- Court of Justice in Germany, which M. D. Anderson Foundation ing.” is the country’s highest court dealing Endowed Professor of Health Law with the application of criminal law, Most American lawyers opened the door to certain types of ost people, including many plea agreements in an opinion in judges, practitioners, and judges accept plea 1997. Then, in May 2009, the German Mand professors, have the bargaining as the norm, legislature finally approved plea idea that legal scholarship has, by bargaining. Turner points out that definition, very little application in LAW PROFS: ON WRITING BOOKS primarily because we the reforms in the German system a person’s daily life. Professor Dan operate in a justice system are being closely watched by other Shuman, who is the M.D. Anderson countries. where four of every five Foundation Endowed Professor of “There were several legal Health at SMU Dedman School of criminal cases is resolved principles that were roadblocks Law, demonstrates this is simply as part of a negotiated to plea bargaining in Germany, untrue in his new book Evaluat- including one of mandatory ing Mental Health Disability in the deal between prosecu- prosecution,” she says. “If there Workplace. This book is a must- tors and defendants. But is evidence of a crime, the prosecu- read for general counsels, private tion is forced to pursue the most lawyers who advise clients on the truth, as exposed by serious crime. There is no discretion. health and labor issues, judges and Professor Turner, is that “a Everyone was to be treated equally legislators, as well as mental health before the law.” large number of civil law professionals and psychologists. Turner is quick to point out that “Evaluating Mental Health systems have long been op- there are still many differences in the Disability in the Workplace isn’t German and U.S. systems. posed to plea bargaining.” likely to trigger a call from Oprah,” “German judges play a much says Shuman, whose courses include The United States has been bigger role in an inquiry into the torts, evidence, law and social the exception, not the rule. Legal facts, and judges can alter the science, and mental health law. “But systems in Germany, Japan, Italy, charges based on the facts or require for employers, their lawyers, and China, Russia and Bulgaria were very prosecutors to obtain or present clinicians on whose judgment our slow, even resistant, to the notion of more evidence,” she says. “Bargain- safety depends, this book is a long plea bargaining, according to Turner. ing about the facts or charges is still, awaited comprehensive analysis of in theory, prohibited and reducing the legal, ethical, and clinical issues

10 SMU DEDMAN SCHOOL OF LAW that surround mental disability in such as public safety, employer University of Michigan Press. Kahn, the workplace.” profitability and liability, and the who teaches constitutional law quality of the lives of employees and an advanced level seminar on The facts speak for themselves. “that cut across the country.” counter-terrorism, starts with One in every four individuals in an anecdote. the U.S. workforce has suffered or This book allowed him to con- will suffer from a psychiatric illness duct original research and examine “Imagine waiting in the during a year. The impact on the studies and data that are already individual’s work, his or her col- available. “I am an empiricist,” Hong Kong International leagues, family, and the employer he says. “I may use an anecdote to Airport for a final leg of are enormous – job loss, workplace explain the data, but not as a substi- violence, and lawsuits, according to tute.” a long journey home to Shuman, who co-authored the book the United States,” Kahn with Dr. Liza H. Gold, who is one of Thanks to technology, Shuman the most prominent and knowledge- and Gold were able to work on their writes. “When you reach book together in real time, even able forensic clinical psychiatrists in the front of a long line at the nation. Both Gold and Shuman though they live more than twelve have been recipients of the American hundred miles apart. “We spent two the ticket counter, you are or three hours at a time without Psychiatric Association’s prestigious stunned to hear the flight Manfred S. Guttmacher Award, writing a thing, just explaining which is given annually to outstand- the issues from our professions’ attendant say, ‘I’m sorry, perspectives,” he says. ing work in forensic psychiatry. but you cannot board Shuman, who has written or “The truth is that this was not a this airplane. Your name topic that I awoke thinking about at contributed to scores of books and 3 a.m.,” says Shuman. “I had read articles, says writing is one of the appears on a United States benefits of his position and he thinks BOOKS WRITING ON PROFS: LAW Dr. Liza Gold’s work. She is the most terrorism watchlist’.” thoughtful forensic psychiatrist out more professors should do it and do there. So, when she called, I jumped it more often. “Obviously someone, some- at the chance to work with her.” “I think I would write if I was where has made a mistake,” he continues. “A simple misspelling. Evaluating Mental Health a short order cook,” he says. “I am incredibly fortunate to have been You show your Passport, the ticket Disability in the Workplace develops stubs from your previous flight, a much needed assessment model blessed with a modicum of talent, to be willing to make a fool of myself in even your driver’s license. She hands and practical evaluation guidelines you a slip of paper with a telephone to determine psychiatric illness at public, and to find a job where that was rewarded.” number (for the Department of work. It also examines the legal Homeland Security) and a website and ethical aspects of employee address. As you slip out of line to examinations, including issues of place the call, you are stung by the confidentiality and various disability nervous glances of other travelers benefit programs. who have overheard your conversa- “I have written about law tion… This is not going to be resolved and psychiatry for over 30 years with a simple phone call.” and thought I had written about This is not a hypothetical everything that mattered in the dreamed up by Kahn for the purpose field - criminal competence to of an academic exercise. It is based stand trial and to waive counsel; on a real life experience of two U.S. mental health and executions; citizens who were denied the right criminal responsibility including to travel home due to their names the insanity defense and sentencing; JEFFREY KAHN suddenly appearing on the no-fly child custody, visitation and abuse; list. competence to execute a will or Assistant Professor of Law manage one’s affairs; damage claims “How does this happen?” he for mental and emotional loss,” says s much as Shuman leans on asked himself. “I thought it must be Shuman. “I thought I had written statistics, Assistant SMU Law a constitutional rights violation. This about everything under the sun that Professor Jeffrey Kahn relies cannot be right.” fell within law/psych.” A on historical documents, recent legal Kahn’s intellectual curiosity has However, Shuman says he battles, and storytelling in preparing taken him on a wonderful journey quickly learned in researching for for his upcoming book, International that traces the history of the right to this book that there were a few Travel, National Security, and the travel, how Passports and travel visas things he had previously overlooked Constitution in War and Peace, were handled for generations, and which will be published by the

T H E Q U A D 11 how the government’s controls on wave after wave of immigrants who travel have changed since the ter- traveled (if not always freely) from a rorist attacks of September 11, 2001. known world to an unknown world. The book examines two apparently Such travel was so crucial to the idea colliding legal principles and values: of America that the most famous the fundamental right of movement landmark in New York Harbor as a U.S. citizen and the govern- commemorates it.” ment’s ability to protect national security. “The No-Fly List that is now operated by the TSA (Transporta- This is Kahn’s second book. “I tion Security Administration) is spent my extra time in law school created from data compiled by in the most unusual way, I wrote a the Terrorism Screening Center, a NDIVA KOFELE-KALE book,” he says. Federalism, De- multi-agency center funded by the mocratization, and the Rule of Law FBI,” says Kahn. “The official who University Distinguished in Russia, was published by Oxford acts to restrict a person’s travel is Professor, Professor of Law University Press in 2002, the same not directly accountable for the assion about the subject is also year he graduated from the Univer- appearance of a traveler’s name what drives Ndiva Kofele-Kale, sity of Michigan School of Law. on the database compiled by other who is a University Distin- agents and analysts whose identities P guished Professor of Law. He has “The actual hardback book are unknown. Attempts to rectify spent nearly two decades research- literally came out of the mailbox and perceived misclassifications on such ing, writing, and lecturing about I held it in my hands just two weeks lists are stymied by government “grand corruption” and its negative before graduation,” Kahn says. assertions of the need to protect effects on the socio-environmental “Writing a book during law school classified information, sources, and development of the Third World, was really tough, but I preferred methods.” the challenge of creating my own with an emphasis on Africa. scholarship to the more traditional But it wasn’t always like this. “Academic scholarship is not just activity in law review of editing part of our intellectual mission but someone’s work.” “By comparison, we know exactly who granted and denied a necessary condition for survival But Kahn says he wouldn’t do every passport between 1928 and in the Academy,” says Kofele-Kale, it any differently. An editor at the 1953 and we know exactly what she who teaches courses on private and University of Michigan Press read looks like,” he says, showing a pho- public international law. Kahn’s article in the UCLA Law tograph of Ruth B. Shipley, who was If Kofele-Kale’s previous Review in December 2008 on Inter- the Chief of the State Department’s work is any indication, his next national Travel and the Constitution, Passport Division and arguably

LAW PROFS: ON WRITING BOOKS book will be a major success. He and thought it would make a great the most powerful civil servant in authored a groundbreaking book in book. Washington, D.C. President Franklin 2006 called International Law of D. Roosevelt proudly called Shipley Responsibility for Economic Crimes: his “wonderful ogre.” “Writing is hard work, Holding State Officials Liable for but it is so exciting sitting So, what is Kahn’s conclusion? Acts of Fraudulent Enrichment, at the National Archives, “Your right to travel is not what published by British publisher you think it is,” he says. “Citizens Routledge-Cavendish. The book going through documents have long enjoyed some freedom of established the professor as one of that haven’t been reviewed movement. But that freedom, like the leading authorities in the area so many freedoms, is not absolute. of international anti-corruption. As in decades, and reading With international travel, there’s a one reviewer commented, “Some the Cold War-era stories balancing test between a citizen’s books elegantly record history and right to travel and the government’s some books make history. This book of officials struggling to right to national security. The does both. It is a brilliant, fiercely reconcile free movement problem is, the government always useful, absolutely essential book – a wins because we have long viewed a serious and compelling work in the and national security in- citizen’s foreign travel as implicating field, and should be read by scholars terests. These stories really the nation’s foreign policy interests. and policymakers everywhere.” In That may be how a monarchy views addition, the book was cited multiple resonate today,” he says. the travel of its subjects, but I don’t times in the official preparatory think it is how a republic should documents of the United Nations “International travel is part of view its citizens.” Charter Against Corruption, which America’s DNA. There would be documents have the authority of law. no America without the explorers, settlers, slaves, revolutionaries, and

12 SMU DEDMAN SCHOOL OF LAW “The major obstacle to the Nations General Assembly adopted official could be found guilty of the development of Third World states the now famous Resolution 1803 offense of illicit enrichment. This has was the stranglehold Euro-American proclaiming the inalienable right of become a very powerful tool in the capitalist/imperialist interests all peoples and nations to exercise global war against official corruption. had on them,” Kofele-Kale says. permanent sovereignty over their The goal of the illicit enrichment “We believed that Third World natural resources and wealth. The offense is to ease the prosecution’s underdevelopment, far from being U.N. followed this 12 years later burden, given that the gathering an original or ‘natural’ state, was with the adoption of the Declara- of evidence for a corruption case rather a condition imposed by the tion on the Establishment of a New presents a range of challenges not international expansion of capital- Economic Order (May 1974) and found in the prosecution of other ism. The ‘dependencia’ school aptly the Charter of Economic Rights and types of criminal and civil offenses.” referred to this phenomenon as Duties of States (December 1974). ‘the development of underdevelop- However, reversing the burden ment.’” The problem, according to of proof raises important human Kofele-Kale, is that an equally rights issues, since they conflict with Kofele-Kale says that giant disturbing monster surfaced, which the right to be presumed innocent. multinational corporations were also kept the people of those coun- Unfortunately, Kofele-Kale says, presented as the vehicles for this tries from enjoying the fruits of their the recent spate of international global expansion of capitalism. The natural resources. legislation against official corruption corporations had no loyalty to the provides no clear guidelines on how developing nation, but only to their “In our singular focus to proceed in balancing the right of shareholders in Europe and North the accused to be presumed innocent America. on exogenous spoliation, against the competing right of we had completely ignored society to trace and recapture illicitly “But in the zeitgeist of that acquired national wealth. period, multinationals were painful a far more insidious form reminders of Virgil’s warning to the BOOKS WRITING ON PROFS: LAW of illegal appropriation “Combating Economic people of Troy to never trust the horse and to beware of the Greeks of Africa’s wealth and Crimes sets out to even when they came bearing fruits! resources – one organized address what has been left Multinationals like Trojan horses were not to be trusted because in and meticulously executed unanswered by these mul- the end they placed the interests of by African leaders them- tilateral conventions,” he their shareholders over those of the nation,” he says. “As a consequence, selves,” he says. says, including “the level of they were generally held responsible burden of proof that should for the theft of Africa’s enormous In Combating Economic Crimes, wealth and resources, siphoning which is set to be published next be placed on a public year, Kofele-Kale breaks new ground its scarce capital for transfer to official who is accused of Europe and America. Thanks to by focusing on potential new efforts this unrestrained flight of capital, to use the international criminal illicitly enriching himself justice system as an instrument to while the ‘tigers’ of Asia advanced from the resources of the economically most African states detect, seize, and confiscate illicitly- found themselves sliding backwards acquired wealth. By prosecuting for State and the right balance illicit enrichment, the people are decades after achieving sover- to be struck between the eignty.” able to recover some of the resources their leaders stole from them and accused individual’s right “Rather simplistically, we prevent it from happening again in believed that in order to escape from the future. to presumption of in- their ‘underdevelopment’ all that the nocence and the protection African states had to do was to take “Illicit enrichment is defined control of their natural resources in these conventions to include a of legitimate community reverse burden clause which triggers and wealth,” says Kofele-Kale. “To interests and expectations do that would require ‘taming’ the an automatic presumption that any multinationals, so to speak, through public official found in ‘possession to a corruption-free of inexplicable wealth’ must have outright expropriation or national- society.” ization or joint ventures and other acquired it illicitly,” he says. “It is forms of partnerships that would then up to that official to explain permit locals to gain a significant how he acquired such wealth, and foothold in these enterprises.” failing to ‘reasonably explain’ the sudden increase in his wealth, in Those efforts were largely relation to his lawful earnings during achieved in 1962 when the United the performance of his functions, the

T H E Q U A D 13 independence of the work have been completion. This project is titled hallmarks. “Liability for Physical and Emotional Harm,” and basically it covers the “The Restatement of law of negligence and common law strict liability, with the exception of Torts has been extremely damages. influential, cited by courts “I am incredibly excited about thousands of times since playing a role in coordinating and its first publication,” says continuing to draft the Restatement Third of Torts,” says Pryor. “It’s Pryor. Since its foundation a chance to contribute to a highly ELLEN PRYOR in 1923, the ALI has issued respected mode of scholarship that has been influential for judges and Associate Provost; Homer two Restatements of Torts lawyers. It’s a chance to grapple R. Mitchell Professor of Law – the first in 1934 and the with theory and doctrine together, and University Distinguished not just in the abstract, but for a Teaching Professor second in 1965. publication that aims to clarify and improve the vast body of tort doc- rofessor Ellen Pryor’s book “These Restatements of Law trine. It’s a chance to work with the may not have as sexy a title originated as efforts to produce, in amazing professors and practitioners as the other authors’, but it P one or two volumes, a coherent and (judges and lawyers) in law.” may be the most influential – or at clear expression of the ‘common least will be the most cited. Pryor is law’ (judge-made law) in various the Homer R. Mitchell Professor of areas – for example, Property, Law at the SMU Dedman School of Contracts, and Torts,” says Pryor. Law and the Associate Provost. Her “These Restatements are written in courses focus on tort and compensa- a format that includes ‘black letter’ tion law. (the basic distilled rules), comments (key comments), and Reporter’s Earlier this year, the prestigious notes. A Restatement of a body of American Law Institute of Law asked law is a major project, and takes Pryor to take a lead role in one of years to complete.” its most important projects: to be the ‘Coordinating Reporter’ for In the early 1990s, the ALI, with the Restatement Third of Torts. In its 4,000 judges, practitioners and addition, she has been asked to be law professors as members, decided LAW PROFS: ON WRITINGa BOOKSReporter for the Restatement on to commence a Restatement Third of LACKLAND BLOOM Physical and Emotional Harm that Torts. relates to the tort liability of those Professor of Law who retain independent contractors. “This was understandable, given the enormous changes in tort law n 1998, SMU Law Professor “Within the first week of law since 1965, including common law Lackland Bloom decided there school, I had read citations from changes and statutory changes. Iwas a huge hole in the academic the Restatements of Contract and The ALI decided to commence the scholarship that examined how Torts,” she says. “The American Law Restatement Third of Torts by taking the Supreme Court of the United Institute and the Restatements were up specific topics, starting with the States interpreted the Constitution. ‘THE’ authority, it seemed. And the topics that seemed particularly to There were many books and articles history of the Restatements tracked warrant restating given the extent that focused on overall theory of and influenced the development of changes in the law. Thus, the constitutional interpretation: that of the common law in various Third Restatement of Torts did not is, how the justices should interpret areas. The Restatement of Torts, in begin as a ‘gestalt’ project with the Constitution. But there was a gap particular, has been a vital part in the aim of covering all of Tort law. with respect to the study of how the the shaping of modern tort law. The Rather, it began by means of several Court and individual justices actually chance to be an Advisor on a Restate- major topics, starting with Products did interpret the Constitution. As a ment was an exciting opportunity, Liability and then Apportionment constitutional law teacher, that was and I was thrilled at the chance.” of Liability, which refers generally the type of book that Bloom wished to the topic of how tort divides fault that he could simply pull off of the While the ALI’s Restatement among various actors (including shelf and read and since it didn’t does not have the force of law, it has plaintiffs and co-defendants).” exist, he decided to write it himself. been the most influential secondary source for lawyers and judges. A third major portion of the For more than a decade, Bloom The quality, clarification, and Restatement Third is now nearing plowed through thousands of

14 SMU DEDMAN SCHOOL OF LAW Supreme Court decisions filed in ity and dissent in Pollack v. Farmers Bloom. “I don’t think it has changed several banker boxes on his floor, Loan and Trust, in which the that much because the type of legal searching for the best cases in which Supreme Court in 1895 invalidated reasoning used by John Marshall and the justices discussed constitutional the income tax, engaged in “rich Joseph Story is as persuasive today as interpretation or applied various and deep” debate over the original it was then. Constitutional law and interpretive techniques. understanding of the clause in issue. doctrine have changed immensely Most people are not familiar with the but the interpretative methods The result: Methods of Inter- case, he notes, since it was overruled haven’t changed radically. There is, pretation: How the Supreme Court by the Sixteenth Amendment. of course, a far greater accumulation Reads the Constitution, which Bloom says that the pure number of precedent and doctrine for the was published in February 2009 of constitutional opinions issued by justices to consider today, however.” by Oxford University Press. The the Court increased from the Warren 592-page book is truly the first Court forward although in recent detailed examination of the various years the Court has been hearing interpretive approaches which the fewer cases period. justices have employed throughout the Court’s entire history including Bloom also says that you need textualism, original understanding, not go back much further than tradition and practice, structural June 2008 when the Supreme Court reasoning, precedent and doctrine. handed down District of Columbia In addition the book attempts to v. Heller, which examined the capture the views of the justices on Second Amendment’s right of these methods as set forth in their individual gun ownership, to find opinions. one of the best cases ever discussing original understanding. “Most academics come up with a premise, land a book contract and “Heller is like an archeologist CHRISTOPHER HANNA BOOKS WRITING ON PROFS: LAW then write the book,” says Bloom, discovering a yet unexplored tomb,” Altshuler Distinguished Teaching who has taught Con Law for 31 years. he says, since the Second Amend- Professor and Professor of Law “I did it the other way around in ment has been part of the Constitu- that I wrote the book first and then tion for over two hundred years looked for a publisher because I but only received its first detailed n eight occasions, SMU wanted to make certain that I had consideration by the Court last year. law students have awarded the time to do it right.” “We think intuitively that conserva- OProfessor Christopher Hanna tive justices are more inclined the Dr. Don M. Smart Teaching Bloom explained that “my goal is toward original understanding. But Award for Excellence. That feat alone to help people appreciate the com- in Heller, we have Justices Scalia is extraordinary. Even more remark- plexity in the best legal reasoning and Stevens going toe-to-toe on able is that Hanna teaches tax law. the Court has put together over time. what the generation that ratified the Now, Hanna is looking to do Hopefully the book will be of interest Second Amendment thought that it with a book what he does in the to students, academics, lawyers and meant.” judges.” classroom: bring tax law alive. Bloom says there are no justices Bloom’s research and writing on the Court today capable of the “I know a lot of people only reinforced his conclusion rhetorical brilliance of Holmes, think tax law and they that John Marshall was his favorite Brandeis, Frankfurter or Jackson. justice. “He was an outstanding legal In that sense, it is not as much fun think boring, but the truth reasoner and a great textualist,” he to read the opinions of the current is that most people are very says. “He was the first one there, Court as was the case with some of the first one to deal with so many its predecessors. interested because most crucial constitutional issues includ- ing judicial review, the scope of “Justice Scalia is good for an people have strong feel- congressional power and the mean- entertaining quip now and then but ings about paying taxes,” ing of the Commerce Clause just to his opinions certainly don’ t rival the mention a few. He was able to write Brandeis concurrence in Whitney v. says Hanna, who is also on a blank slate.” California or the Jackson opinion for the Altshuler University the Court in West Virginia Board of Bloom says that there have been Education v. Barnette, for instance, Distinguished Teaching opinions throughout the Court’s in terms of literary quality.” history that showcase the various Professor at SMU. “We interpretive techniques including “The question I get asked plan to write to a broader some that are not widely read today. the most is, how has constitu- For example, he says that the major- tional interpretation changed?” says audience than just tax

T H E Q U A D 15 attorneys, reaching out to a fascinating story. In 1924, U.S. Senator James Couzins of Michigan business leaders, accoun- complained that the Bureau of tants, and policy makers Internal Revenue was overtaken with inefficiency and waste and by showing the impact of that hundreds of millions of dollars inside and outside forces were not being collected from large and powerful corporations as a on the development of tax result. Days later, Sen. Couzins was law. We are trying to bring informed that then-U.S. Treasury Secretary Andrew Mellon, in retali- the process to life. ation, had ordered the IRS to inves- “Warren Buffet has been quoted tigate the possibility that Couzins ELIZABETH owed $10 million in back taxes. as saying, ‘Just let ‘em feel that you THORNBURG can save ‘em something on taxes and Not to be outdone, Sen. Couzins nobody will keep you out,’” he says. convinced his colleagues in the Professor of Law Hanna, who has previously Congress to pass the Revenue Act of authored two books and numerous 1926, which created the Joint Com- ver wonder the origins or articles, is writing The History of mittee’s oversight authority of the true meaning of legal phrases, the Joint Committee on Taxation IRS. such as “billable hour,” “blue (“working title only,” he says) with Hanna has been reviewing laws,” or “testifying?” University of Virginia Law Professor E documents that date back to the George K. Yin, who served as the SMU Dedman School of Law 1920s and has been interviewing key Professor Beth Thornburg is a co- Joint Committee’s chief of staff figures with knowledge about the from 2003 to 2005. Hanna was a author of an upcoming book that will Joint Committee’s operations and provide those answers in an authori- “consultant in residence” at the Joint history. For example, he’s inter- Committee from 2000 to 2006. tative and entertaining manner. Law viewed Ward Hussey, who is now 91 Talk, which is set to be published by The Joint Committee on Taxa- years old. Yale University Press in 2010, will be tion, established in 1926, is one of “Mr. Hussey worked as the a compendium of American talk by only a handful of active joint United legislative counsel for the House of and about law and lawyers – a kind States Congressional committees. Representatives starting in 1946,” of Black’s Law Dictionary, only much It is a non-partisan committee he says. “He would sit through the more detailed and enjoyable to read. and operates with an experienced Joint Committee’s meetings and then professional staff of economists, The English language abounds actually write the language in the with colorful expressions associated LAW PROFS: ON WRITINGattorneys, BOOKS and accountants, who bills that became part of the Internal assist members of the majority and with law and lawyers—words and Revenue Code. He had some good phrases that people use every day, minority parties in both houses of stories.” Congress on tax legislation. often with little awareness of their linguistic history or legal significance. How can the work of a Congres- “We want to explain Such phrases include “a pound of sional Committee be interesting the importance of the com- flesh,” “boilerplate,” “aid and abet,” enough for a book? There have been and “don’t make a federal case out of books and even movies about the mittee with respect to the it.” inside workings of the House Select tax legislative process from Committee on Assassinations, “This book tells the stories behind the Committee to Prosecute the the committee’s inception the expressions, combining authorita- tive scholarship with a light touch President, and even the committee in 1926,” says Hanna. “I that investigated fraudulent TV game that will appeal to a broad audience of shows. think clearly the history lawyers, students, language scholars who are interested in the history of “It is funny that you mention of the committee helps us language, and the general public, who the Nixon impeachment, because we understand our current tax we hope will find the information plan to have a chapter in the book accessible and entertaining,” says on that,” says Hanna. “The Joint system and how our tax Thornburg, who teaches Civil Pro- Committee was involved, examining system came to be where it cedure, Conflict of Laws, and Texas Nixon’s tax returns as part of his Procedure. She is co-authoring the impeachment inquiry. And don’t currently is.” book with University of Wisconsin forget, Nixon’s Vice President, Spiro Law School Professor Marc Galanter; Agnew, resigned over taxes.” Fred Shapiro, who is the editor of the Oxford Dictionary of American Legal Hanna says even the very Quotations; and James Clapp, author creation of the Joint Committee is

16 SMU DEDMAN SCHOOL OF LAW of the Random House Webster’s Thornburg, who has written or Dictionary of Law. co-authored several books and more than two dozen law review articles, Law Talk is arranged says that faculty scholarship “keeps us at the growing edge of knowledge alphabetically, with each in our fields, so we can pass that on word or phrase having a to our students.” sort of encyclopedia-like “Academics, unlike most lawyers essay explaining what it who are in the trenches of practice, have the freedom to examine the means, where it comes bigger picture of the policy implica- from, how it’s used, or tions of developments in the law, unconflicted by the ways in which the like. the changes might impact clients,” she says. “Sometimes that bigger “We try to tell interesting stories view allows us to see a solution to a about origins and usages, and also to problem that’s obscured by the need debunk urban legends and misun- to focus on the details. We also involve derstandings about some of them,” our students in our research, always she says. “One of our premises is that when it is incorporated into our language about the law and lawyers classroom teaching, and often because permeates popular culture, and that the students work as our research Law Talk reflects and influences the assistants – helping to refine their way Americans feel about our legal research and writing skills, and giving system.”

them a taste for the joy of figuring BOOKS WRITING ON PROFS: LAW Thornburg says she and her things out.” co-authors have discovered usages of some words or phrases that are “A side effect of faculty significantly earlier than what people scholarship is that it can now believe, disproved some gener- ally believed origin stories (“Blue laws enhance the reputation were not printed on blue paper and of the law school with testifying is not named after a ritual involving the testicles”), and tracked the practicing bar, the down some interesting stories about judiciary, or the acad- more contemporary Law Talk (“The link between Dr. Seuss and the nick- emy,” says Thornburg. name – ‘wet foot, dry foot’ – of the “A strong reputation for U.S. policy on Cuban immigrants”). Thornburg says Underwood Law the law school helps us Library Associate Director Greg Ivy recruit good students and helped her access a host of historical databases that made research into talented young faculty, and early uses of words possible in ways also helps our alumni by that would never have been possible at an earlier time. maintaining and growing “In the past, people would have the value of their SMU to travel to special book collections degrees, locally, nationally, and stumble across words in likely (or unlikely) places, where we can now sit and internationally. It can at our computers and bring the world also create opportunities to of historical documents to our homes and offices, all in ways that help us to poke the law in a positive better understand our own world,” direction.” she says. “It’s pretty darned cool.”

T H E Q U A D 17 new faculty Jeffrey Bellin

After serving as a Senior Appellate the number of defendants who Court Attorney for the California testify at their own trials and Court of Appeal since 2005, resulted in speaking engage- Jeffrey Bellin has joined the SMU ments for Bellin at Chapman faculty as an Assistant Professor Law School and the San Diego of Law. Federal Public Defender’s Office. Bellin received his J.D. from Stanford Law School in 1999 and Bellin’s passion also led to an was a member of the Order of the article, published in 2008 by the Coif as well as an Associate Editor University of Cincinnati Law of the Stanford Law Review. He Review, entitled “Improving graduated summa cum laude the Reliability of Criminal with a B.A. in political science Trials Through Legal Rules from Columbia University, where That Encourage Defendants to he worked as a columnist for the Testify,” in which Bellin exam- Columbia Daily Spectator. ines legal rules that discourage defendants from testifying in Following his graduation the American criminal justice NEW FACULTY from law school, Bellin served system. The article proposes as a law clerk to the Honorable reforms which will not only Merrick B. Garland of the U.S. strengthen the American Court of Appeals for the District Jeffrey Bellin criminal justice system, but of Columbia Circuit. Starting in which are more consistent with 2000, he worked for two years as Assistant Professor of Law early American legal history an Assistant United States Attor- than with the current system. ney in the United States Attorney’s Office in Washington, D.C. He then Bellin has also published two spent two years as a Litigation Associate at Latham & additional articles, one of which assesses the use of Watkins LLP in California before beginning his time lie detector technology in the testimonies of criminal as a Senior Appellate Court Attorney for the California defendants. Bellin counters the claim that advances Court of Appeals. in this technology will enable criminal defendants to call their testimonies scientifically reliable based on Bellin’s primary areas of concentration include the results of the tests. The other article explores the criminal procedure, evidence, criminal law, and treatment of jurors within criminal procedure. criminal justice. He is particularly interested in pro- posing and evaluating reforms designed to improve the Bellin has plans for future research as well. He reliability and legitimacy of the jury trial system and intends, for example, to collect data regarding defen- has written extensively on the subject. dant testimony, such as the percentage of defendants who testify at trial. He also wants to pursue a project Bellin’s most recent article, entitled “Circumvent- regarding commonplace encounters between police ing Congress: How the Federal Courts Opened the officers and citizens and how these fit within the Door to Impeaching Criminal Defendants with Prior Fourth Amendment. Convictions” and appearing in the U.C. Davis Law Review, is a critique of the legal framework that gov- erns the impeachment of testifying defendants with prior convictions. This project encourages increasing

18 SMU DEDMAN SCHOOL OF LAW FACULTY HIRES

Meghan Ryan SMU Dedman School of Law Welcomes New Faculty Members

Meghan Ryan joins the SMU which lower courts should Dedman School of Law faculty apply Supreme Court prec- from the University of Min- edent in light of the evolving nesota Law School, where she standards of decency test. The has been a Visiting Assistant article, “Does Stare Decisis Professor since January 2008, Apply in the Eighth Amend- teaching courses in sales, ment Death Penalty Context?”, advanced criminal procedure, argues that lower courts and criminal law. should be allowed to determine that punishments which have After graduating with an previously been determined A.B. in Chemistry from Har- by the Supreme Court to be vard University, Ryan received neither cruel nor unusual are her J.D. from the University of unconstitutional due to evolv- Minnesota Law School in 2005, ing standards of decency. FACULTY NEW where she graduated magna cum laude and was inducted Professor Ryan is currently into the Order of the Coif. working on a new project entitled “Does the Eighth In her time at law school, Amendment Punishments Ryan was a member of both Clause Prohibit Only Punish- the Minnesota Law Review ments That Are Both Cruel and the Minnesota Journal of Meghan Ryan and Unusual?” which analyzes Global Trades, and received the Punishments Clause in the American Law Institute- Assistant Professor of Law the Eighth Amendment and American Bar Association concludes that the Clause Scholarship and Leadership Award. prohibits only punishments that are both cruel and unusual rather than Upon graduation from the University of Min- prohibiting both cruel punishments and unusual nesota, Ryan clerked for the Honorable Roger L. punishments. Ryan will argue that the cruelty and Wollman of the United States Court of Appeals for unusualness components of the Clause should be the Eighth Circuit in South Dakota. She then took a independently assessed by the Supreme Court and position as an Associate at Dorsey & Whitney, LLP in will draw on First Amendment theory to help answer Minneapolis, where she practiced commercial and Eighth Amendment questions, such as how the appellate litigation for two years. Court should evaluate the cruelty component of the With a particular interest in criminal law, crimi- Punishments Clause. nal procedure, and statutory interpretation, Ryan in- tends to focus her research and writing on prisoners’ and criminal defendants’ rights. In particular, she plans to study the effects of societal and technological change on criminal law and procedure. Ryan published an article in 2007 in the North Carolina Law Review that focused on the way in

T H E Q U A D 19 FACULTY HIRES new faculty Jessica Dixon Weaver

Jessica Dixon Weaver symposium that focused on was appointed an Assistant legal issues facing minority Professor of Law, after communities. She currently serving at SMU as Director has three articles in progress. of the W.W. Caruth, Jr. Child Advocacy Clinic and Additionally, Dixon Lecturer-in-Law since 2002. Weaver is the co-chair of the Juvenile Justice Com- Dixon Weaver received mittee of the Dallas Bar her B.A. from the University Association; a public policy of Pennsylvania in 1992 and member of TexProtects, a her J.D. from the University division of Prevent Child of Virginia in 1995 where she Abuse Texas; and a member served as Notes Development of the Regional and Dallas Editor of the Virginia Law Disproportionality Advisory Review. Committees for the Depart- ment of Family and Protec- After graduation, she tive Services, which are practiced labor and employ- committed to reducing the NEW FACULTY ment law and juvenile law disproportionate number of and opened her own legal African-American children practice in 1997. During her in the Texas child welfare time in private practice, she system. functioned as guardian/at- Jessica Dixon Weaver torney ad litem for neglected She has also made presen- and abused children, repre- Assistant Professor of Law tations based on her research sented parents in termination to various groups, has organized cases, and served as a defense and chaired several conferences, attorney for juveniles in delinquency cases. and has given numerous interviews, including an appearance on the Today Show in April 2008, Dixon Weaver first came to SMU Dedman to discuss the removal of the children from the School of Law in 2001 as the founding Director of polygamist ranch near El Dorado, Texas. the W.W. Caruth, Jr. Child Advocacy Clinic. She taught an interdisciplinary child advocacy course each semester to eight students whom she also supervised as they served as guardian/attorney ad litems for abused and neglected children. The W.W. Caruth, Jr. Child Advocacy Clinic has been instrumental in serving the needs of abused and neglected children in the community. After agreeing to publish her article entitled “The African-American Child Welfare Act: A Legal Redress for African-American Dispropor- tionality in Child Protection Cases,” the Berkeley Journal of African-American Law & Policy asked Dixon Weaver to present her research at the 2007

20 SMU DEDMAN SCHOOL OF LAW SMU DISTINGUISHED PROFESSOR

SMU DEDMAN SCHOOL OF LAW PROFESSOR NDIVA-KOFELE KALE APPOINTED AS UNIVERSITY DISTINGUISHED PROFESSOR SMU DISTINGUISHED PROFESSOR DISTINGUISHED SMU

MU Dedman School of Law Professor Ndiva ate degree from Beloit College in 1970, a Master’s of Kofele-Kale was one of two SMU faculty Arts from Northwestern University in 1972, a Doc- members named University Distinguished torate of Philosophy from Northwestern University Professors, as announced by the Office of the in 1974, and a J.D. from Northwestern in 1984. He SProvost in April 2009. The University Distinguished joined the faculty at SMU in 1989, teaching courses Professorships were created in 1982 by SMU’s Board on international law and business associations. He of Trustees to honor outstanding faculty members is the co-managing editor of Kluwer International who meet the highest standards of academic Publishers’ International Economic Development achievement. University Distinguished Professors Law series and served as associate editor of The are appointed in perpetuity and receive cash awards International Lawyer. Professor Kofele-Kale has of $10,000 per year for five years. authored and co-authored many books and articles on international law, as well as political science, Upon receiving the award, Kofele-Kale said, economic policy and governance. In addition, “For a scholar nothing is quite as rewarding as the Professor Kofe-Kale has appeared before various recognition of one’s peers. I cannot adequately ex- international tribunals and organizations, including press my gratitude to Dean John Attanasio, to those the United Nations Human Rights Commission and who recommended me for the University Distin- the African Commission on Human and Peoples’ guished Professorship, and to Provost Paul Ludden, Rights, to defend the human rights of indigenous the one person empowered to make the award. minority peoples. I read from it an indication of the high esteem in which my modest contributions to scholarship are Dean John Attanasio noted, “Professor Kofele- held. Atmosphere is critical to the writing process. Kale is one of the world’s leading authorities in John Attanasio has created an enabling environment the area of anti-corruption law. The law school is that I find makes writing much easier.” grateful to the Provost for this recognition of Ndiva’s achievements.” Professor Kofele-Kale received his undergradu-

T H E Q U A D 21 The dedman family’s Generosity Continues...

Bob DEDMAN ’84 ANNOUNCED NEW MATCH AT THE LAW CAMPAIGN STEERING COMMITTEE RETREAT

s SMU Dedman School of Law moves forward with DEDMAN FAMILY DESIGNATED A TOTAL OF the historic SMU Un- $12 MILLION FOR MATCHING GIFTS bridled, Second Century CampaignA to increase funding of center. It needs a top law school. and Nancy Dedman, who were both scholarships and faculty chairs, it SMU Dedman School of Law is present at the campaign retreat, for is fitting that a family who has been poised to be that school. Dedman their tremendous generosity and so generous to the law school would acknowledged that although times continued leadership. step forward again to make more are tough, he stated, “We can turn funds available for matching gifts. adversity into advantage.” He With this announcement, the went on to say that the law school Dedman family, through the Ded- Bob Dedman ’84 announced man Foundation, has designated the third Dedman Match last spring had made tremendous progress to date and that “we are at a turning that $12 million of their $20 million at a day-long retreat of the Law naming gift be used to match en- Campaign Steering Committee point to accomplish the strategic vision of the law school. And I am dowment gifts for law scholarships, at the Omni Mandalay. Dedman faculty chairs, and faculty research explained, “My family has a long confident of our success because of the leadership in the room today.” grants. The Dedman Match has history with the law school: Robert been extremely successful – creat- H. Dedman received his LL.M. in ing 28 new scholarships (including 1953, I received my J.D. in 1984, my Dedman explained that the 7 full scholarships), 19 faculty mother Nancy McMillan Dedman third match would function much research funds, and 2 chair/profes- was named honorary alumna, and like the first two matches. Under sorships. To date, $8.6 million my nephew Jonathan Dedman Dietz this match, $4 million is available has been matched by the Dedman will graduate from the law school for matching endowment funding. family, generating almost $12.5 in 2010.” Dedman discussed his Dedman explained, “Of the match, million in endowment gifts from father’s vision that the law school 70% is for scholarship and 30% alumni and friends. should be not just a very good law is for chairs or professorships. school, top 25, but that it should The donor must give at least the The Dedman Foundation board strive to be a great law school, in university minimum before the includes Patricia Dedman Nail, the top 10. Dedman continued, match is triggered. And donors who earned a master’s degree from “There is a symbiosis between have the ability to ‘double your SMU; and Robert H. Dedman, Jr., business and law. Every great money.’” Alan Feld ’60, Convening who received both J.D. and M.B.A. business center has a top ten law Co-Chair for the Second Century degrees from SMU and serves on school.” Dallas is a top business Campaign, thanked Bob Dedman the law school’s Executive Board.

22 SMU DEDMAN SCHOOL OF LAW SMU Dedman School of Law Campaign Steering committee

Honorary Chair Mrs. Nancy McMillan Dedman ’04H Celebrating the noel family gift to endow Convening Chair the deanship $5 MILLION GIFT PLACES SMU Mr. Alan D. Feld ’60 DEDMAN LAW AMONG ELITE LAW SCHOOLS Co-Chairs Mrs. Marilyn Augur ’09H Mr. Ron K. Barger ’81 Mr. George W. Bramblett, Jr. ’66 Mr. Wayne Watts ’80 Mr. Philip J. Wise ’81 Theast fall, theJudge Noel family James untilNoel he took seniorDeanship status in 1976. endowed the law school Judge Noel married Virginia Grubbs Ex-Officio deanship with a $4 million Noel, who left practicing law at Mr. Robert H. Dedman, Jr. ’84 gift in honor of their father, Baker and Botts to raise their five theL late Judge James Noel, Jr. ’38. children: James L. Noel III, Carol The Dedman family matched this Noel King ’76, Edmond O. Noel ’75, gift with $1 million. On October William D. Noel ’82, and Robert C. 28, 2008 SMU marked the Noel’s Noel ’80, ’89. Judge Noel served as Robert Dedman, Jr.’s wife, generosity with a luncheon cel- the campaign chair to the first law Rachael Redeker Dedman, holds ebration in Karcher Auditorium. school campaign in 1956. a master’s degree from SMU. Dean Attanasio said, “It is fitting that we would honor the Noel The Noel family, who live in Recently-matched gifts family on the date of Judge Noel’s Houston, are very connected to include a $500,000 gift given by birth. We remain grateful to the SMU. Four of the five Noel children Jim Dolan to create a scholarship Noels for their tremendous gen- have SMU degrees, including three in honor of Michael Barrett ’77, erosity. This is a tribute to Judge from the SMU Dedman School of who passed away in January Noel and a historic moment for the Law. Carol Noel King, Will Noel, 2009. Mr. Barrett was a long- law school. Only a relatively small and Robert Noel all received their time member of the Law School number of law schools have the J.D.s from SMU. Ed Noel and his Executive Board and a member deanship endowed, and even fewer wife Patrice both received their of the Campaign Steering Com- at the $5 million level.” undergraduate degrees from SMU. mittee. This scholarship will be Jim Noel, also a lawyer, stayed awarded in memory of Michael Will Noel ’82 remarked, “When in Houston to work in the fam- Barrett and in his spirit. See in our father was in law school he ily business while attending law Memoriam, p. 103. was known as ‘Soapy Noel.’ In his school. Jim and his wife, Melinda, campaign to be elected Student have a daughter, Mindy (McGehee) Also, a $100,000 scholarship Bar President, he promised to Riseden, who graduated from SMU was donated by Peter and June clean up student government. He Dedman School of Law in 2003. McGuire to honor Dick Hull ’62, handed out bars of soap as part of Carol’s and Robert’s spouses, J. who passed away in early 2009. his campaign, which earned him Stephen King and Deanna Moore This scholarship will be awarded the nickname of ‘Soapy.’” Judge Noel, also hold SMU Dedman Law in memory of Mr. Hull and his Noel graduated from SMU School degrees. Will Noel, married to tremendous commitment to of Law in 1938 with an L.L.B. and Barbara, has served as a long-time public service. See in Memo- received two bachelor’s degrees member of the SMU Dedman Law riam, p 103. from SMU as well. President John School Executive Board and is a F. Kennedy appointed Judge Noel to member of the Campaign Steering the federal district court bench in Committee. Houston in 1961, where he served

T H E Q U A D 23 NEW ASSOCIATE DEAN FOR DEVELOPMENT AND ALUMNI AFFAIRS

ynn Switzer students and faculty. Bozalis ’90 has been promoted to Bozalis comments, “It is Associate Dean for truly a privilege to work with our LDevelopment and Alumni alumni and friends. We have a Affairs for the law school. tremendously talented and suc- “This promotion is well cessful group who are dedicated to deserved and in recogni- further enhancing SMU Dedman tion of her tremendous School of Law’s reputation.” accomplishments. In this Bozalis further explained, role, Lynn will continue to oversee development, “SMU Dedman Law is alumni affairs, external poised to be a top law relations, and marketing and communications for school. By objective the law school,” said Dean measures such as place- John B. Attanasio. ment, scholarship, and Lynn returned to the law school in 2006 as the per capita endowment, Director of Development we are firmly established and in 2007, alumni, marketing, and external Lynn Switzer Bozalis ’90 as at least a top 25 law affairs were placed under school. Strategic invest- her leadership. No stranger years she spent as Assistant Dean ments in students and to the law school, Bozalis not only of Admissions at the law school, received her J.D. from SMU, she the median entering student faculty are crucial to both also spent more than six years as GPA rose from 3.17 to 3.60, and our continued and future the law school’s Assistant Dean the median LSAT score jumped and Director of Admissions and four points. In 2003, she left the success.” Financial Aid, and taught two Dedman School of Law to work as semesters of Disability Law as Director of Admissions at Green- an adjunct professor. Prior to hill School, her old high school. that, she was a trial associate in After three years, however, she the Dallas office of Baker Botts was ready to return to SMU. Since L.L.P. As a law student, Bozalis her return, Bozalis’ primary graduated Order of the Coif. She focus has been to raise funds for was also elected President of the SMU Unbridled: Second Cen- Student Bar Association, served on tury Campaign. The law school’s law review, was a member of the primary goals for the campaign Barristers, and received a Hatton are to dramatically increase the W. Sumners Scholarship. scholarship endowment and increase the number of endowed Bozalis has a strong track faculty chairs to enable SMU to record when it comes to attracting continue to attract and retain top high-quality students. In the six

24 SMU DEDMAN SCHOOL OF LAW LAW SCHOOL ANNOUNCEMENTS

New VICE PRESIDENT FOR smu LEGAL AFFAIRS, GENERAL COUNSEL AND BOARD OF TRUSTEES SECRETARY

aul Ward ‘75, formerly Ward served as president Vice President for Uni- (1996-97) and as a versity Administration member of the Board of and General Counsel Directors (1988-92 and atP Arizona State University, 1993-98) of the National was named Vice President for Association of College Legal Affairs, General Counsel, and University Attorneys and Secretary to the Board of (NACUA). In June 2000, Trustees at Southern Methodist he received the prestigious University, effective January 1, Distinguished Service 2009. Award from NACUA. He currently serves as “We are pleased to a member of the NCAA General Counsel Advisory welcome Paul Ward Board. In addition, he to SMU,” said SMU recently concluded a term in the American President R. Gerald Bar Association House of Turner. “As an SMU law Delegates. In 2002, Ward received the Thomas S. alumnus, he knows the Biggs Award at the Stetson University well, and his University College of Law, Paul Ward ’75 National Conference on extensive background Law of Higher Education. in legal affairs at other and I am delighted he has been selected,” said Michael M. Boone Ward graduated from SMU universities gives him the ‘67, chairman of SMU’s Board Dedman School of Law in 1975 knowledge and experi- of Trustees legal committee. “I after earning his B.S. and M.A. know he will play an integral role from Eastern Illinois University. ence to lead SMU’s legal in SMU’s development through He has been admitted to practice affairs division.” his collaborative work with the law in Texas, Arizona, South Board, President Turner, faculty, Carolina, Indiana, the District of At SMU, Ward will oversee staff, and students.” Columbia, and the United States legal services to the University, Supreme Court. including the supervision of Ward became the Vice Ward succeeds S. Leon three staff attorneys and the President for University Admin- Bennett, SMU’s Vice President for selection and management of istration and General Counsel Legal Affairs and Governmental outside counsel. Additionally, as at ASU in September 2004. He Relations, General Counsel, and Secretary to the Board of Trustees, served as General Counsel at ASU Secretary to the Board of Trustees, he will work closely with the starting in June 1991. Prior to his who was with the University from President and senior administra- association with ASU, he served 1983 until his retirement on tive officers in coordinating the the University of South Carolina December 31, 2008. Board’s activities. System as General Counsel from 1979 to 1991. Previously, he was “Paul Ward brings the perfect engaged in private practice in the combination of legal knowledge Washington, D.C., office of Casey, and practice for this position, Lane & Mittendorf.

T H E Q U A D 25 CAREER SERVICES Restructures to Meet Challenges

nder the leadership of Services Directors. Yeager is leading alumni and others in many of these Assistant Dean Karen the development of employment companies. Sargent, the Office of opportunities with small and mid- Career Services restruc- sized firms and corporations, while In connection with opportuni- turedU its staff and focus during the Evans-Davis is concentrating on job ties with goverments, Temesha summer of 2009. The changes were openings with federal, state, and Evans-Davis said, “I have begun designed to meet the challenges local governments and the courts. an outreach campaign to area of the existing and future legal local, county, state, and federal marketplace and to ensure that SMU “Finding a job in a small or employers. We have been meeting Dedman School of Law remains a mid-sized firm is very different to discuss how best to strengthen top school at which employers want from seeking a position with a large ties with the SMU Dedman School of to recruit and where prospective firm,” Steve Yeager said. “I put Law, including increasing govern- students want to attend. Two major together a job search guide for our ment employers’ presence on the goals were identified. First, the Of- students called ’How to Land a Job campus through programming and fice of Career Services will substan- in a Small or Mid-Sized Law Firm’ events, as well as by identifying tially increase job development in that walks them through the pro- internship and employment oppor- small to mid-sized law firms, as well cess, and I will present a program tunities and communicating them as in the corporate and government on the topic in early September. to our students.” With regard to sectors, while continuing to expand We have also developed a database positions with the courts, she hopes opportunities with large firms. of approximately 400 small and to create additional opportunities Second, the office will provide more mid-sized firms for our students through outreach and collaboration focused counseling for our students. to use.” with them, as well as with bar and legal associations. Assistant Dean Karen Sargent On the corporate side, Yeager’s will oversee this job development goal is to help students gain initiative and will concentrate on practical experience in corporations increasing outreach to regional and through internships, as well as to national large firms. help the JD and JD/MBA students To accomplish these goals, find permanent jobs in corpora- in June the law school hired tions. He has prepared a database Steve Yeager ’93 and Temesha of corporations in the Dallas area Evans-Davis ’00 to serve as Career and has started to reach out to

Steve Yeager ‘93 Temesha Evans-Davis ‘00 Yeager earned his Bachelor Evans-Davis graduated summa cum laude of Business Administration from Grambling State University in 1994 degree, summa cum laude, with a Bachelor of Science degree in Chem- from SMU in 1990 and istry. At SMU Dedman School of Law she graduated, cum laude, from was a Sarah T. Hughes Scholar and gradu- the SMU Dedman School of ated cum laude in 2000. During law school Law in 1993. While in law Temesha served as the Student Director of school he was on the SMU Law Review and a the Academic Support Program and as an Articles Editor of the member of Barristers, and he managed a tutorial SMU Law Review. Upon graduation from law school she clerked program for all first year students. After law for Judge Carl E. Stewart of the United States Court of Appeals school Yeager joined Jones Day as an associate for the Fifth Circuit. After her clerkship she practiced labor and later became General Counsel of a financial and employment law with Hunton & Williams LLP and Epstein services firm. Becker Green Wickliff & Hall, P.C.

26 SMU DEDMAN SCHOOL OF LAW ADMISSIONS Launches Undergraduate Pre-Law Scholars Program

his fall, SMU Dedman School of Law will launch its Pre-Law Scholars Program. The Tprogram, suggested by the Chairman of SMU’s Board of Trustees Carl Sewell, will accept approxi- mately 20-30 SMU undergraduate students per year. The Pre-Law Scholars Program targets undergradu- ates interested in pursuing law school following graduation. These students will be guaranteed CARL SEWELL, SMU Board of Trustees Chairman and Dallas automatic admission into the Dedman School of Law Business and Civic Leader provided that certain conditions are met.

In order to be admitted into the Pre-Law Scholars gram and will receive invitations to law-related events Program, students must first be admitted into SMU such as conferences and symposia, distinguished undergraduate school as a first-year or transfer speakers, law school class visitations, presentations on student. Although no additional application is re- career paths, and law alumni panels. quired for the program, admission to the program is highly selective. All students who have indicated an The Pre-Law Scholars Program will create a interest in pre-law on their regular applications will vehicle for undergraduate students interested in a automatically be considered for the program. Provided career in law to learn more about the profession and there is additional space, SMU undergraduate students will help the law school recruit outstanding SMU with at least 30 hours of coursework and a cumulative undergraduates. GPA of 3.85 are also eligible to apply for the program. To gain automatic admission into the law school upon graduation from SMU, certain criteria must be ADMISSIONS TRENDS: met. In addition, program scholars must also success- fully complete the Pre-Law Scholars class taught by The median LSAT and GPA of incoming the law school, be without significant character issues, evening students for Fall 2008 was and never have attended law school previously. 6th highest in the country. The required Pre-Law Scholars class, taught at the In the fall of 2008, the full-time class law school, is to be taken in the students’ sophomore median GPA of 3.78 was 7th highest in the or junior year and includes lectures in a variety of legal country and their median LSAT of 164 was fields. Students will also have the chance to interact 27th highest in the country. with current law students through a mentorship pro-

T H E Q U A D 27 EVENING PROGRAM The Dedman Evening Program Celebrates Five Years of Success

The law school’s evening program has some of the most well-rounded professionals in the country, not to mention their credentials. The median LSAT and GPA of incoming evening students for Fall 2008 was sixth highest in the country. Every year, the faculty is impressed at the classrooms full of educators, established business people, and entrepreneurs bringing a dynamic to the classroom that is hard to find elsewhere.

n 2004 SMU Dedman School by the same distinguished faculty. were in professional fields; 43% of Law reinstated its part-time had masters degrees, and 6% had program for evening students. According to Dean John Attana- doctorates. Clearly the opportunity Now celebrating its fifth year, sio, Dedman reinstated the evening for a more flexible J.D. program was theI evening program has enjoyed program in 2004 because “we knew in demand. great success, eliciting positive that there was an amazing talent responses from the students, the pool of students in the commu- The proposed program also faculty, and the Dallas community. nity who, but for a more flexible gained support from graduates of Created to extend the opportunity schedule, would pursue a law the former evening program at to earn a J.D. from SMU to people degree.” A market study conducted the law school, which operated with full-time jobs or families, in the spring of 2003 seconded his from 1938 to 1969. Tom Luce, who the evening program is a 4-year opinion. Within two weeks, the graduated from the original evening alternative degree track available to study received 1,700 responses with program in the class of ‘66, said, those with a limited schedule. The 71% of respondents indicating that “SMU is rendering a great commu- program’s required curriculum is they would definitely or prob- nity service by offering an evening equivalent to that of the full-time ably apply for admission to such a law school. I know from personal program, and its courses are taught program. Most of the respondents experience that many people would

28 SMU DEDMAN SCHOOL OF LAW not otherwise be able to attend law The program’s success is due becomes an even more established school. The education I received in in large part to SMU’s dedication part of the Dedman School of Law. SMU’s evening program prepared to provide evening students with With the creation of its evening me in every way to become an the same advantages as full-time program in 2004, SMU provided attorney.” Tom Luce went on students. All evening core and bar the Dallas community with a much from SMU to become the founding courses are taught by full-time needed J.D. program available to partner of Hughes & Luce and the faculty with SMU. Evening those with a full-time job or family. Chairman for the National Center students also have the opportunity for Educational Accountability. to complete clerkships and to be Members of the Dallas commu- on law review. Dean Attanasio nity have definitely taken advantage As a full-time mother to three explained, “We try to be very of the opportunity. The first class sons, Louise Raggio could only accommodating for the evening of evening program graduates attend law school at night. She was students, so we try to schedule lends testament to the program’s also a supporter of the program’s classes in such a way that they can success as these new lawyers enter reinstatement: “I am an attorney go to class fairly easily and work full the community as highly educated, because the SMU evening law school time. It’s this flexibility that allows very capable members of society program was available. My husband evening students to take advantage who are giving back. kept our three children when I went of Dedman’s many opportunities to school.” After graduating from outside the classroom.” Dean Attanasio said, SMU in 1952, Louise became an attorney with Raggio & Raggio and Karla Roberts, a 2009 graduate “We are very proud of was later inducted into the Texas from the evening program, explains the success the evening Women’s Hall of Fame. her perspective on the evening program’s appeal. According to program has enjoyed in its Evening program graduate Erle Roberts, “The evening school is first five years. The high Nye ‘65 also offered his endorse- unique because students can work ment, saying, “The administrative through law school and obtain quality and great potential law training I received at SMU has on-the-job legal experience while I see in our evening stu- PROGRAM EVENING been tremendously helpful to me simultaneously learning about the in managing an organization and same legal issues in the classroom.” dents, combined with the conducting business transactions enthusiasm of our faculty amid so much change.” Nye went Assistant Dean of Students on to become Chairman of the Martin Camp, evening program and their support of the Board and Chief Executive of TXU. professor for Land Use and Real program, assures me that Estate Transaction, appreciates The first Hispanic woman to the program for the different the future of the evening graduate from SMU Law School, types of students it brings into program is very bright.” Adelfa B. Callejo ’61 could not have his classroom. When asked attended law school without the about his favorite aspect of the evening program. Callejo reflects, program, Dean Camp said, “I “Getting a legal education is terribly especially enjoy the diversity of life important. It’s a very powerful and work experiences that many weapon in helping others. One of older evening students bring to the the reasons I went to law school classroom discussions. This enriches was to be an advocate.” everyone’s understanding of the Reflecting on the program’s cases. I also find that these students past five years, it’s safe to say take the law school experience very its supporters were not disap- seriously and are prepared and pointed. Although only one class enthusiastic. I know it is a challenge of evening students has graduated, to work during the day and attend the program has already enjoyed class four nights a week. But it is a tremendous success. Employment challenge our students master time rates between the evening and and again and for which I admire day programs are comparable, them greatly.” with starting salaries for evening After five years, the evening students slightly higher than for program is a veritable success full-time students. The Dedman according to students, faculty, and evening program received 623 ap- community members alike. With plications for the 2008-2009 school the help of its supporters, it should year, up from 567 for 2007-2008. continue to grow and improve as it ADELFA CALLEJO ‘61, SMU Evening Law Program, Partner at Callejo & Callejo

T H E Q U A D 29 news & announcements

SMU First Kathleen MAKING in Bar Passage Turton ’04 to THE GRADE Lead the Child SMU Dedman School of Law Advocacy Clinic ranked first in the Texas Bar Texas Lawyer passage rate for the July 2008 Bar Examination. ranks SMU Kathleen “We are very pleased with the Turton Dedman School performance of our students on has been the July 2008 Texas Bar Examina- appointed of Law first tion. It is evidence of the high interim Direc- quality of our student body and tor of the W. in student the outstanding curriculum and W. Caruth Jr. teaching at the school,” said John Child Advoca- satisfaction. B. Attanasio, Dean of the SMU cy Clinic. Ms. Dedman School of Law. Turton is a 2004 graduate of the law school and holds a B.S., with special Using a scale of one to five, In first place, SMU had a honors, in Microbiology from the students ranked their schools passage rate of 93.97%. The University of Texas at Austin. After according to placement office University of Houston Law Center graduation, she practiced as an helpfulness, preparation for was second with a passage rate Associate with Keane, Fowler & practice, collegiality, technology, of 93.33%, followed by Baylor Donohue, handling a wide variety teaching quality, library services, University School of Law in third of family law matters and served faculty accessibility, and student with 91.58%, and the University of as an adjunct professor at El diversity. The average overall score Texas School of Law in fourth with Centro, Dallas County Community for the nine schools was 3.84. a 90.24% passage rate. NEWS & ANNOUNCEMENTS College, where she taught family SMU, which received an overall In the previous year, on the law to paralegal students. She has score of 4.09, had the highest July 2007 Bar Examination, SMU also been appointed by the Dallas scores in four of these eight catego- had the second highest passage County District Courts to represent ries: placement office helpfulness, rate, with 92.44% passing the abused and neglected children, teaching quality, collegiality, and exam. Over the last three years as well as children caught in the technology. Additionally, the (2006, 2007, and 2008) SMU has middle of family disagreements, law school ranked in the top three had an average passage rate of and has served as a Visiting As- schools in library services, prepara- 92.17%, second only to Baylor. sociate Judge in Dallas County. tion for practice, and faculty From 2005-2007, she served as the accessibility. Chairman of the Dallas Bar Associa- tion Family Law Section Pro Bono Committee, and has helped train attorneys who volunteer their time for pro bono clients in the nuts and bolts of family law. A trained Fam- ily Law Mediator and member of the College of the State Bar of Texas, she has extensive education and experience in conflict resolution.

30 SMU DEDMAN SCHOOL OF LAW CURRENT FINANCIAL CRISIS FINANCIAL CURRENT The Current FINANCIAL CRISIS On October 14, 2008, Gerald J. Ford ’69 He told the audience that he had been in the bank- ing business a long time and, “I would say it is more presented “Comments and Observa- troublesome than I have ever seen it.” He indicated tions on the Current Financial Crisis” that a key difference between today’s financial crisis and that of the late 1980s and early 90s is that there are to students gathered in the Hillcrest fewer banks healthy enough to roll up weaker banks. Classroom. “We are honored to have With many banks dealing with their own credit-quality problems, Mr. Ford said he expects more troubled banks such a distinguished graduate of this to end up in the hands of private-equity investors this law school share his time, knowledge time. and expertise with us today. He is one Mr. Ford has deep ties with SMU. He served as Chairman of the Board of Trustees of SMU from 2002 of the most successful businessmen in to 2006, and currently serves as a Trustee and on the our country today,” said Dean Attanasio Trusteeship Committee of SMU. He is the Convening Co-Chair of the University’s Capital Campaign. He is an while introducing him. Executive Board Member of the Dedman School of Law. Among his many accomplishments, in 1994, Gerald Mr. Ford received his B.A. from SMU in 1966 and his J. Ford led a group that bought First Nationwide Bank, J.D. from SMU in 1969. His generous gift for the build- a San Francisco savings and loan, which was then ing of the football stadium bearing his name brought merged with four other savings and loans over the football back to the campus in 2000. He was named a next four years, including Golden State Bancorp. The Distinguished Alumnus of SMU in 1995 and received the merged entity took the name Golden State Bancorp and Robert G. Storey Award for Lifetime Achievement from under Mr. Ford’s leadership eventually merged with the Dedman School of Law in 2002. Citigroup, Inc. in 2002.

T H E Q U A D 31 RULE OF LAW FORUMS

Five Years of WORLD-CHANGING COLLABORATION SMU Dedman School of Law Continues its Commitment to Advancing the Rule of Law

RULE OF LAW FORUM, EGYPT, JUNE 2006 RULE OF LAW FORUM, INDONESIA, MAY 2008 (left to right): U.S. Senator Kay Bailey Hutchison (Texas) and Dean Prof. Dr. Mieke Komar-Kantaatmadja ‘70, United States Supreme John B. Attanasio meet with the delegation from Egypt. Court Justice Stephen Breyer, Prof. Dr. Bagir Manan ‘81.

RULE OF LAW FORUM, CHINA, NOVEMBER 2007

32 SMU DEDMAN SCHOOL OF LAW For all human beings, justice Members of the delegations have Secretary for Housing and Urban has been a natural demand. included senior members of the Development while participating Since civilization began, judiciary, legislature, and execu- in the Rule of Law Forum. The people wanted justice, and tive departments, including Chief delegates would have a chance to they“ understand it intuitively,” said Justices, Speakers of Parliaments, learn what does and does not work United States Supreme Court Justice and Ministers, as well as prominent in America, and to use these ideas Stephen Breyer in an interview with business leaders. Four U.S. Supreme to improve matters in their home Dean John B. Attanasio in 2006. Court Justices, fourteen Members countries. Issues related to corrup- of Congress, two Cabinet Members, tion in business and government, many SMU Law Faculty, and numer- improper influence in the judiciary, ous others, have participated in the public perception, and “ex parte” Justice Rule of Law Forum. communications have also been is a key component of the addressed. The Forum also provides Some of the basic ideas and valuable insight for key leaders in the notion known as the “Rule principles of the Rule of Law were United States. As U.S. leaders learn established at the turn of the 13th of Law”—one of the world’s more about the culture and systems century. The central idea behind the in place in the visiting country, they paramount concerns and Rule of Law was that every person is gain greater understanding and subject to the law of the land–essen- awareness. an area of particular focus tially creating limits on the absolute for SMU Dedman School of power of a king and/or government Delegates typically spend time and making each subject to the law. in New York where their itinerary Law. “[T]he Rule of Law Rules were also established regarding includes meetings with members involves four basic require- imprisonment, a jury of one’s peers, of the New York Stock Exchange ments: equality under the law; a respect for individual

Since 2004, the law school has hosted ten FORUMS LAW OF RULE rights; an independent “Rule of Law Forums” for countries with and honest judiciary; and evolving legal systems. transparent court proceed- ings,” said U.S. Senator Kay In the Spring 2009 issue of its law journal Bailey Hutchison. The International Lawyer, the law school published a groundbreaking collection of The law school has actively advanced the Rule of Law by bringing papers on the Rule of Law written by together high-ranking officials from scholars and jurists from around the world. countries around the world through its “Rule of Law Forums” and by publishing important papers on the topic by distinguished authors from and justice not being denied to any and the Federal Reserve Bank. In across the globe. free man. These rules were the Washington, D.C., delegates meet Five years ago, under the leader- central components that established with Senators, Congressional ship of Dean John B. Attanasio and British Common Law, and subse- Representatives, members of the the vision of Senator Hutchison, quently the democratic American Executive Branch, and the United SMU Dedman School of Law began legal and governmental system. The States Supreme Court. The SMU hosting “Rule of Law Forums.” Rule of Law Forums at SMU Dedman Dedman School of Law also hosts Since 2004, the law school has been School of Law were established to an additional series of meetings in privileged to host ten very successful broaden understanding of the Rule of Dallas involving law school faculty Forums. In partnership with the Law today in countries with evolving and members of the Texas judiciary. U.S. State Department, the Rule of legal systems. Dallas business leaders have also participated in these forums, bring- Law Forum at SMU brings to the Each Rule of Law Forum provides United States leaders from a country ing their unique perspectives on the delegates the opportunity to discuss Rule of Law as it affects business. with an evolving legal system and important issues with their respec- familiarizes them with the central tive counterparts in the United As part of the general dialogue ideas of the Rule of Law. Delegations States. For example, if a delegation in each Rule of Law Forum, Dean have come from China, Indonesia, faces challenges in their home John B. Attanasio, a specialist in Kyrghyzstan, Pakistan, Oman, Egypt, country due to inadequate housing, United States Constitutional Law, Bahrain, Afghanistan, and Brunei. they might visit the United States explains the functions and legal

T H E Q U A D 33 procedures of a democratic society In his paper on the Rule of Law, and how its people, government, and the Honorable John M. Walker of constitution are interrelated. Key to the United States Court of Appeals the discussion is an explanation of for the Second Circuit argues that how the United States Constitution Rule of Law development has three regulates only the government, requirements: “First, there must not the private affairs of private be laws in place to establish the citizens, and that the United States institutions of judicial administra- is a federalized system with power tion. Second, these institutions must divided vertically among national, be up and running, and there must state, and local governments. be competent, well-trained people running them. And third, the Rule of Law must have political support, The Rule of Law can which means, in a democracy, that the people must understand, exist in any type of govern- support, and comply with it.” Judge ment, however, not only in Walker adds a caveat, however, not- ing that “countries will not succeed democratic systems. The in Rule of Law development unless differences would occur in the countries’ leaders make it a top a country’s level of dedica- priority.” The Spring 2009 issue of The tion to the principles of the The Rule of Law, International Lawyer, one of the Rule of Law, democracy or regardless of the land in law school’s five journals, contains a distinguished group of papers and not. “A rule of law means which it is operating, must addresses on the Rule of Law written by authors from all over the world. that [people] will follow be known to everyone, and the law. It means that peo- not kept secret. “The rules ple are not free arbitrarily have to be public,” said to act... people have to live Justice Breyer in his inter- under a system of rules,” view with Dean Attanasio. RULE OF LAW FORUMSsaid Justice Breyer. “You can’t have a law that people don’t know about, you don’t keep it in your SMU Dedman School of Law is drawer. You make it public proud to advance the Rule of Law on Dean John B. Attanasio and United so people know and they States Supreme Court Justice Stephen an international level both through Breyer in an interview about the its Rule of Law Forums and also can follow it.” specific concepts and practices of one of its premier law journals, The a fair and independent court. International Lawyer. Published in Certainly, as Sir Anthony Clarke, cooperation with the ABA Section of the Master of the Rolls and Head of International Law and co-edited by Civil Justice in England and Wales, Dean John B. Attanasio and Senior stated in his speech which appears Associate Dean for Research Marc I. in the Rule of Law collection in Steinberg, the Spring 2009 issue of The International Lawyer, “Civil The International Lawyer contains justice reform remains a hard and a distinguished group of papers and arduous task. It still requires the addresses on the Rule of Law written judiciary and the legal profession to by authors from all over the world. act with determination and convic- The collection includes the work of tion.” SMU Dedman School of Law, prominent jurists and government through the Rule of Law Forums, is leaders from the United Kingdom, committed to the task of advancing Pakistan, Singapore, the United the Rule of Law around the world. States, the International Criminal Tribunal of Rwanda, and the United Nations.

34 SMU DEDMAN SCHOOL OF LAW AJEI Annual summiT

2008-2009 Appellate Judges

Education Institute Judge James A. Wynn, Jr., Justice Mark Martin and United States Supreme Court Justice (Ret.) Sandra Day O’Connor. O’Connor gave remarks during the AJEI Annual Dinner

he Appellate Drinkin’, Water is for Fightin’ – Cur- Dedman School of Law; “Supreme rent Fights over Western Water,” by Court Review/Preview,” moderated Judges Education Professor Joe Feller of Sandra Day by Dean John Attanasio of SMU Ded- O’Connor Arizona State University man School of Law; and “Think Before

Institute (AJEI), SUMMIT ANNUAL AJEI College of Law; and “Emerging Issues You Google: Ethical Limitations of the co-hosted by SMU in Prisoner Litigation,” presided over Curious Appellate Judge,” moderated DedmanT School of Law and by Jodie Brown of U.S. District Court, by Professor Elizabeth Thornburg of District of Arizona; Andrew Jacobs of SMU Dedman School of Law. the ABA Judicial Division Snell & Wilmer L.L.P; JoLynn Nesset of Appellate Judges Confer- U.S. District Court, District of Arizona; The Summit provides an opportu- and Michael Richter of U.S. District nity for judges and lawyers to network ence, is the pre-eminent Court, District of Arizona. and educate themselves about current appellate legal issues and practices, provider of appellate The conference also included but it’s not a program without a sense judicial education several panel discussions on topics of of humor. The Council of Appellate interest, such as “Appellate Decision- Staff Attorneys group of AJEI car- in the United States. Making and the Impact of Technol- ried on their tradition of a t-shirt The annual AJEI programs are ogy,” moderated by Professor Richard exchange, and attendees were further designed for appellate judges, lawyers, Sherwin of New York Law School; “Is instructed that “the only permissible and staff attorneys and are unique in Chevron Out of Gas? Current Trends form of tie [was] the Bola tie, which is their focus on the challenging issues in Administrative Law,” moderated Arizona’s ‘official state neckwear.’” that judges and lawyers confront in by Professor Nathan Cortez of SMU the appellate arena. The 2008 Summit was held in Phoenix, Arizona from November 13 through 16. Over 250 appellate judges, practitioners, and court staff attorneys from around the country attended the conference. The three-day program of- fered lectures by some of the most prestigious members of the legal community, including remarks by Justice Sandra Day O’Connor at the annual AJEI Dinner. Lectures on very timely topics included “The Rule of Law in Challenging Times,” by Chief Professors Nathan Cortez, Elizabeth G. Thornburg, and William V. Dorsaneo III all participated as Justice Ruth McGregor of the Arizona speakers in the 2008 AJEI Program. Supreme Court; “Whiskey is for

T H E Q U A D 35 “justice for all?” Perceptions of Racial & Ethnic Bias in Our Courts SMU Dedman School of Law and the Judicial Division of the American Bar Association hosted a full-day symposium to discuss modern-day examples of bias in U.S. courtrooms and ways in which to solve it.

Sponsored by: THE CARRINGTON LECTURE SERIES, a trust in honor of Paul Carrington, Sr.

lthough strides have been made in realizing the American Dream of equality in our justice system, race and culture continue to affect Aprocesses and outcomes in the courtroom. In an effort to address ethnic bias in American courts, SMU Dedman School of Law and the Judicial Division of the American Bar Association (ABA) hosted a full-day symposium with three panels of distinguished academics, judges, and attorneys. The Program entitled “JUSTICE FOR ALL?” “Justice for All?: Perceptions of Racial and Ethnic Bias in Our Courts” was held on Tuesday, April 2, 2009, in the Hillcrest auditorium of the Underwood Law Library. The symposium addressed the presence and impact of bias among judges and juries, whether racial and ethnic bias infects the exercise of discretion by prosecutors, and how language and cultural differences impact experi- ences and outcomes in litigation. “We have a wonderful justice system

that is a model throughout the world and HONORABLE BARBARA M.G. LYNN ‘76 it can improve substantially,” said United United States District Judge for the Northern District of Texas, Dallas Division States District Judge Barbara M.G. Lynn ’76, in her introductory remarks. Judge up to the challenge and to determine what’s next,” Wells said. “Justice system bias has the potential to affect Lynn spearheaded the conference in her many levels of the judicial branch, whether they be role as the 2008-2009 Chair of the ABA’s litigants, witnesses or attorneys.” Judicial Division. The first panel of the symposium, moderated by Mark Curriden, Communications Director for Vinson & ABA President Tommy Wells commented on the Elkins LLP, dealt with “Decisionmaker Bias,” through ABA’s efforts to raise awareness of and find solutions to an analysis of disparities in sentencing studies and racial issues involving racial and ethnic bias in the courtroom correlations to the death penalty. SMU Law Professor as well as the organization’s support of research that Daniel Shuman maintained that “bias is pervasive… has addresses bias. “True diversity and inclusion still eludes existed, does exist and will exist throughout our legal us in our practice of law. It’s time to go beyond talking system.” Furthermore, individuals and decisionmakers about the problems and call the legal profession to face

36 SMU DEDMAN SCHOOL OF LAW DANIEL SHUMAN GEORGE MARTINEZ TRACY MEARES M. D. Anderson Foundation Endowed Professor Professor, Walton Hale Hamilton Professor of Health Law, SMU Dedman School of Law SMU Dedman School of Law of Law, Yale Law School

D. AARON LACY DENNIS W. ARCHER TOMMY WELLS HONORABLE JOHN CREUZOT, Associate Professor, Former ABA President and ABA President Dallas County Judge, Criminal SMU Dedman School of Law Member, Dickinson Wright PLLC District Court No. 4

differ in opinions about what causes bias and what it processes within the law, which ultimately leads to actually means. Judge Michael B. Hyman expounded on enhanced abiding by the law. the fact that decisionmakers, namely judges, “cannot dismiss bias as non-existent” and likened its infection in Building on the judicial, prosecutorial, and academic a system of justice to that of a computer virus. In analyz- perspectives of courtroom bias, the third panel focused ing the strengths and weaknesses of a case, Judge John on “Issues of Interpretation/Cultural Conflict.” Judge Creuzot ‘82 suggested that our respective backgrounds Ramona G. See observed that the biggest interpretational influence decisionmaking and can potentially contribute problems in her Los Angeles courtroom occurred with to misinterpretation. self-represented litigants who did not speak English or who did not have a professional interpreter. This The second panel, on “Prosecutorial Discretion,” pertained directly to the findings of a 2006 focus group was moderated by SMU Law Professor Aaron D. Lacy study, discussed by Southwestern Law Professor Christo- and focused on the public’s perception of the judicial pher Cameron, which resulted in three recommendations process and how it can shape decisions in the courtroom. directly from jurors. The jurors recommended more Yale Law Professor Tracey Meares commented that “by interpreters in civil cases, more diversity on the bench, focusing on a public-regarding notion of fundamental and more help for self-represented litigants. SMU Law fairness we keep our ‘eye on the prize…,’ we think about Professor George Martinez then discussed how race, the groups of people that get to participate in the process, culture, and the courtroom are connected, specifically to more rule-based notions of fairness, and we think about damage awards, payment of claims, and tort awards. the appearance of justice.” Balancing the interest of the public eye and the interest of the law that says everyone In an effort to discuss next steps and future consid- must be treated fairly and impartially can be difficult for erations regarding courtroom bias, Robert Nelson of the policymakers, particularly for chief prosecutors. Public American Bar Foundation noted that it is “good to have favor or “political expedience,” as Judge C. Darnell Jones, various kinds of research about how the courts operate.” III explained, unfortunately can influence decisionmak- He suggested a combination of qualitative and quantita- ing. He encouraged the audience, particularly the judges, tive data, to be preceded by “working groups of scholars to “never back down from enforcing what is right” and judges and prosecutors coming together.” Nelson in order to diminish bias in matters such as probation also cautioned that “there’s not a quick fix,” and that “we offers, negotiated guilty pleas, and damage awards. have to redesign the institutions before Interestingly, Judge Jones added, “[L]awyers have to be we get to the individual result.” proactive; judges can’t be proactive.We [judges] can only Recordings of the entire symposium, including do what comes in front of us and that’s all we can control the keynote address delivered by Former ABA President at the moment.” Meares suggested that adopting rules Dennis W. Archer, can be viewed at: on the basis of fundamental fairness leads to “contextual, http://www.abanet.org/jd/justiceforall.html. forward-looking jurisprudence,” which in turn leads to the potential for greater public commitment to the

T H E Q U A D 37 SMALL BUSINESS CLINIC

VOLUNTEER LAWYERS From AT&T Support SMU Dedman School of Law’s Small Business Clinic

“New businesses need legal help. Contracts, liability, intellectual property, taxes, even the act of incorporation – complex issues abound. Some firms can buy help. Others are forced to try everything themselves. Here in Dallas, a few lucky businesses enjoy a third option: free help from Southern Methodist University and AT&T Inc.”

EXCERPT: The above is from the March 26, 2009 edition of The Dallas Morning News article “AT&T Lawyers in Dallas Answer Calls for Free Advice” by ANDREW D. SMITH.

eginning in 1947, SMU Formed in 2005 due to an a tremendous help to clients. was one of the first law ever-increasing number of small schools in the country businesses on a budget that need “We actually help people to sponsor a legal clinic, legal advice, the Small Business realize their dreams, which is just a place where members of the Clinic began by providing free legal about the most satisfying thing I B can think of,” said Darrell Guy ’95. community could go to qualify for services to new and existing small and obtain pro-bono legal assis- businesses and non-profit groups Guy, a general attorney for AT&T, tance. The clinical program at SMU that could not afford to pay legal and Justin Freeman, a third-year Dedman School of Law has evolved fees. It also served the needs of law student who oversaw the over the years, reflecting changing students who wanted hands-on student participation in the clinic perspectives in legal education training in how to work with during the 2008-09 academic year, and innovation in legal practice. clients directly at a corporate/busi- collaborated on a new initiative at However, at its core, the program ness level. the clinic supported by in-house remains committed to its original lawyers at the world headquarters ideals: public service, professional Under the guidance of Clinic of AT&T Inc., now located in responsibility, and outstanding Director Larry Jones, the clinic pro- downtown Dallas. Senior Execu- training for students. Now encom- vides services ranging from start- tive Vice President and General passing six specialized clinics and up services, contract negotiations, Counsel for AT&T Wayne Watts ’80 three projects, the clinical program and business plan counseling, to envisioned the mentoring program. copyright and trademark analysis, at the SMU Dedman School of Law Before the collaboration with remains a national model of excel- and business licensing issues. New businesses and non-profit groups AT&T, third-year law students lence. The Small Business Clinic, participating in the Small Business one of the six clinics in the law need a great deal of help getting started, and the clinic proves to be Clinic program would work solely school’s program, is no exception. under the supervision of Clinic

38 SMU DEDMAN SCHOOL OF LAW Director Jones as they handled cases for clinic clients. Now, the students also work directly with an AT&T general attorney. Freeman appreciated the chance to be a part of the project. “It’s both a tremendous learning opportunity and a way to do some real good.” “The initiative of AT&T’s mentor attorneys has allowed us to increase the caseload in the clinic,” said Jones. “Oftentimes, we are overwhelmed with requests for assistance, now we are able to help a lot more non-profits and, of course, small businesses with much needed legal assistance.”

AT&T GENERAL COUNSEL WAYNE WATTS ’80 participated in the Wayne Watts ’80 is responsible for all clinic program as an SMU law student and spearheaded the AT&T legal matters at AT&T and oversees a corpo- volunteer attorney program after AT&T headquarters moved to Dallas. rate team of more than 450 attorneys.

Outside his demanding full-time position, Watts serves as a Co-Chair of the Second Century Campaign Steering Committee for Dedman School of Law as well as a member of the Law School Executive Board. Watts is an alumnus of the law school’s criminal clinic and AT&T/SMALL BUSINESS CLINIC BUSINESS AT&T/SMALL a big supporter of the AT&T attorney mentor program now in operation at the Small Business Clinic. “It just seemed to be a practical thing for us to do,” Watts says. “My experience working in the clinic when I was a law student at SMU was rewarding and memorable. Clinic work really teaches you the value of being a lawyer and gives you hands-on experience that complements what you’re learning in class. I am proud of all our attorneys who volunteered to participate in the program. I know it’s a great experience for both them and the students.”

AT&T GENERAL ATTORNEY DARRELL GUY ’95 and SMU LAW STUDENT CLINIC DIRECTOR LARRY JONES works with the SMU law students JUSTIN FREEMAN ’09, at the Westmoreland Heights Neighborhood and volunteer AT&T attorneys in the Small Business Clinic. Association Center, collaborate on the Small Business Clinic. The association is one of its 27 clients.

T H E Q U A D 39 SMU Dedman School of Law Honors Distinguished Alumni

Alumni, family, and friends of Southern Methodist University Dedman School of Law gathered on February 21, 2009, to honor the recipients of the 2008-2009 Distinguished Alumni Awards. “This is a night to celebrate the achievements of seven very distinguished individuals who reflect brilliantly the caliber of alumni who come from one of the greatest law schools in the United States,” said Dean John B. Attanasio, as he welcomed the overflow crowd for the dinner and ceremony held in the Beverly Ballroom of the Park Cities Hilton.

40 SMU DEDMAN SCHOOL OF LAW Rusty Hardin ’75 The Robert G. Storey Award for Distinguished Achievement

1965 graduate of Wesleyan University in Middletown, Connecticut, Rusty Hardin earned his law degree in 1975 at SMU. After graduating from WesleyanA and before law school, he taught American History at Montgomery Academy in Montgomery, Alabama, and served 5 years in the U.S. Army, resigning with the rank of Captain after 15 months in Vietnam. For over 15 years Hardin established his reputation as an Assistant District Attorney in Houston. During that time he never lost a felony jury trial and earned acclaim for his cross-examination skills in celebrated cases. He was named Texas Prosecutor of the year in 1989. Hardin entered private practice in Houston in 1991, engaging in both civil and criminal trial practice at the state and federal levels. In 1994, he was named Chief Trial Counsel for the Whitewater Independent Coun-

sel’s Office. In 1996, he established Rusty Hardin & Associates. AWARDS ALUMNI DISTINGUISHED Hardin’s practice has been a diverse mix of approximately 85 percent civil trial work and 15 percent criminal trial work. Clients have been as varied as Arthur Andersen in both its civil and criminal cases; ExxonMobil; Rice University; the Houston Texans; and various professional athletes such as Warren Moon, Wade Boggs, Scottie Pippen, and Roger Clemens. He is also a nationally-recognized speaker on trial tactics. Hardin’s first words when accepting the award were: “No one who knew me in law school would expect me to be here tonight.” After the laughter subsided, he held the evening’s printed program—containing the biographies of all of the evening’s honorees—high in the air, and said, “The common thread of these people [the honorees] is public service.” He then declared, “I wouldn’t be here today without SMU. I am an absolutely unapologetic lawyer. I believe in what we do and I love what we do. I have loved every minute I’ve been a lawyer.”

Since 1986, the law school has hosted the Distin- guished Alumni Awards Ceremony. Attended yearly by a wide variety of alumni, friends, faculty, staff, stu- dents, and previous winners, the evening provides a wonderful opportunity to gather and acknowledge the accomplishments of our distinguished alumni.

T H E Q U A D 41 taught me how to find solutions to even the most complex problems. Little did I know that one of those complex problems for me would be to find responsible reform of the healthcare system in the United States.”

Angela Braly ’85 The Distinguished Alumni Award for Corporate Service

ngela Braly has been President and Chief Executive Officer of WellPoint, Inc. since June The Honorable Jane Boyle ’81 2007. Wellpoint is the nation’s largest health benefits company in terms of commercial The Distinguished Alumni Award for membershipA – more than 35 million Americans nation- Judicial Service wide are covered through its subsidiary health plans. The company employs over 40,000 associates, generates udge Jane Boyle graduated with honors from the operating revenue in excess of $60 billion annually, and University of Texas at Austin in 1977 and earned her is #32 on the list of Fortune 50 companies. Braly has J.D. from SMU in 1981. She began her legal career been widely recognized for her success. In 2008 Braly DISTINGUISHED ALUMNI AWARDS as an Assistant District Attorney for Dallas County, was ranked #4 on Forbes magazine’s “World’s Most Jwhere she remained until 1987. Judge Boyle then served Powerful Women” list, and was ranked #5 by Fortune as an Assistant United States Attorney for the Northern magazine on its list of the “50 Most Powerful Women.” District of Texas. The Wall Street Journal named her #1 on its list of “Women to Watch.” Judge Boyle’s judicial career began in 1990, when she was appointed to the position of United States Magistrate A native of Dallas, Angela Braly received her Judge for the Northern District of Texas, Dallas Division, undergraduate degree from Texas Tech University and a position she held for twelve years. In 2002, President earned her J.D. from SMU in 1985. She began her career George W. Bush appointed her to be the United States in private practice with Jackson Walker in Dallas and Attorney for the Northern District of Texas. She is the was a partner in the St. Louis law firm of Lewis, Rice & first woman to serve as the top federal prosecutor for the Fingersh, before she joined RightCHOICE Managed Care, Northern District of Texas. Two years later, in June 2004, Inc., owned by Wellpoint, as General Counsel. In 2003 President Bush appointed Judge Boyle as United States she became President and CEO of Anthem Blue Cross District Judge for the Northern District of Texas. and Blue Shield in Missouri, also owned by Wellpoint. In 2005, Braly took over the position of Executive Vice Judge Boyle’s impressive career has also earned President, General Counsel and Chief Public Affairs her the appreciation of her peers. At the 2008 Annual Officer for Wellpoint, Inc. She managed the nation’s Meeting of the State Bar of Texas in Houston, Judge largest Medicare claims-processing business and the Boyle was presented the Samuel Pessarra Outstanding federal employee health-benefits business. Jurist Award by the Texas Bar Foundation. The award honors an active Federal or State Judge who exhibits an At the Awards dinner, Braly gave credit to her law exceptionally outstanding reputation for competency, school friends for setting her up on a blind date with efficiency, and integrity. Doug Braly; the couple has been married for 23 years. Braly thanked the law school faculty who “taught me At the Distinguished Alumni Awards dinner, Judge how to identify issues, and even more importantly, Boyle was most thankful to the law school for its training

42 SMU DEDMAN SCHOOL OF LAW of lawyers. She said, “I have had a front row seat at Bruce received his JD degree from SMU School of Law both the state and federal court houses and the lawyers in 1995 and holds a Bachelor’s degree from Texas A&M educated at SMU have the highest ethics, highest train- University. He serves on the Executive Board of SMU ing and really want to counsel and help people. Thank Dedman School of Law and on the Advisory Board of you SMU Dedman School of Law – you are doing a SMU School of Engineering. great job!” DISTINGUISHED ALUMNI AWARDS ALUMNI DISTINGUISHED

Robert A. Gwinn ’54 The Distinguished Alumni Award for Darwin J. Bruce ’95 Private Practice The Distinguished Alumni Award for Public Service obert A. Gwinn had an impressive 54-year career in insurance defense, after graduating from SMU Law School in 1954. Gwinn’s practice arwin J. Bruce is the Chief Operating Officer for was concentrated in the fields of medicine and The Potter’s House of Dallas, Inc., a globally- aviation.R Board-certified in Civil Trial Law and Labor recognized multicultural, nondenominational Law, Gwinn was involved in the Air Florida Flight 90 church of more than 30,000 members. With case after the plane crashed into a Potomac River bridge overD 50 outreach ministries, the church was founded in in icy conditions in 1982. He joined the Dallas law firm of 1996 by Bishop T.D. Jakes. Through its initiatives, The Johnson, Bromberg & Leeds in 1983. Later, he partnered Potter’s House is helping families around the world and with SMU Law School graduate Rob Roby, forming the in the local community by providing humanitarian pro- firm of Gwinn & Roby. grams and assistance. Bruce joined The Potter’s House in Gwinn also devoted himself to serving the legal 2004. He is responsible for managing all of the business community. In 1984, he served as President of the Dallas affairs for the organization and its affiliated entities. He Bar Association. Gwinn took a leadership role in im- has also been in charge of organizing, developing, and proving court facilities and encouraging pro bono efforts managing the legal department to support the organiza- by Dallas lawyers. For his significant contributions to tions affiliated with The Potter’s House. the legal profession over the years, Gwinn received the Bruce humbly gives much credit for his success to Dallas Bar Association Trial Lawyer of the Year Award in others, saying, “I have people around me who support September 2008. me, love me and provide the platform for me to be suc- Steve Gwinn, son of Robert Gwinn and an alumnus cessful. I thank my family, friends and Mr. T.D. Jakes, of the class of ’90, spoke on behalf of his father at the who embodies leadership, and the Potter’s House family Awards dinner. Steve thanked the law school and for their support.” gave credit to his mother for supporting his father’s He has been a guest speaker at Business Management efforts throughout his career, noting that her help and Seminars across the country and has lectured in the encouragement had made the Distinguished Alumni areas of business law and business management. He is Award possible. Steve noted that he had learned a great the author of a book titled The Map to Entrepreneurship. deal about practicing law from his father. He related his father’s advice that “you learn a lot when you win

T H E Q U A D 43 a case, but you learn a lot more when you lose a case.” of the highest courts of Indonesia, along with faculty According to Steve, his father said he had learned a lot members of the university and other dignitaries, on both ends of that rule. attended the ceremony where Dr. Komar spoke eloquently about her student days at SMU.

The Honorable Mieke Komar Marilyn Hussman Augur Kantaatmadja ’70 The Honorary Alumnus Award The Distinguished Global Alumni Award (Presented in Indonesia) arilyn Hussman Augur’s dedication to SMU Dedman School of Law makes her an obvious choice for the Honorary Alumnus Award.

DISTINGUISHED ALUMNI AWARDS MU Dedman School of Law has also recognized Currently, she is working diligently as Second the accomplishments of one of its foremost CenturyM Campaign Co-Chair for the SMU Dedman School international alums, Mieke Komar Kantaatmadja. of Law; she also serves on the Executive Boards of the Dr. Komar currently serves as a Justice of the Dedman School of Law and the Cox School of Business. SSupreme Court of Indonesia and as a Professor of Law at the Universitas Padjdjaran School of Law in Bandung, Augur is President of the Marilyn Augur Family Indonesia. Foundation, a philanthropic foundation which gives priority to organizations serving basic human needs such Dr. Komar received her Master of Laws in Compara- as food, shelter, clothing, health, and education aimed tive and International Law degree at SMU School of Law at transforming the lives of those living in poverty or in in 1970. prison. Additionally, she is the former chairman of North Before coming to the United States to study law Texas Mountain Valley Water Corporation, she serves on at SMU, Dr. Komar received her doctoral degree from the Board of Directors of WEHCO Media Inc, and she is a the Universitas Negeri Padjadjaran in 1988. Her thesis managing member of Marilyn Augur Enterprises LLC. “Security Rights in Indonesian Aircraft: An Air Law Augur received her B.A. degree in Mathematics from Perspective” was published the following year. She the University of North Carolina in 1960 and her M.B.A. has published and spoken on various topics, including degree from SMU. An active civic volunteer, she has been Electronic Commerce and Electronic Legal Issues in honored with the philanthropy award from Dallas-based Indonesia. Dr. Komar participated in the Indonesian Wipe Out Kids Cancer (WOKC) in 2005, the Flora Award Rule of Law Forum hosted by SMU Dedman School of in 2005, and the Kim Dawson Attitude Award in 2002. Law in May 2008. In accepting the Honorary Alumnus Award, Augur Dean Attanasio presented the Distinguished Global said, “I have watched the law school gain in its stature Alumni Award to Dr. Komar at an impressive ceremony and its prominence in all the marks of a great law school. held at the Law School of the University of Padjadjaran in There is so much wonderful momentum in the law the City of Bandung, Indonesia in March. Many justices school. I am so grateful to be associated with the school.”

44 SMU DEDMAN SCHOOL OF LAW Thank you! TABLE SPONSORS Marilyn Hussman Augur Jackson Walker L.L.P. Judge Jane and John Boyle Jack D. Knox Angela and Doug Braly Locke Lord Bissell & Liddell LLP Darwin Bruce and Family Robert & Suzanne Mellor Fulbright & Jaworski L.L.P. William D. Noel Gruber Hurst Johansen & Hail LLP TDJ Enterprises & The Potter’s House Bob and Marianne Gwinn Thompson & Knight LLP Rusty Hardin & Associates, P.C. Vinson & Elkins LLP Haynes and Boone, LLP Winstead PC

T H E Q U A D 45 The Rise of TRANSNATIONAL NETWORKS

Professors Turner and Colangelo organized an international summit on “Transnational Networks” in the legal field, the concept of interrelationships among colleagues and how they potentially affect international law and organizations. TRANSNATIONAL NETWORKS

GEORGE A. BERMANN Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and Director, JENIA IONTCHEVA TURNER ANTHONY J. COLANGELO European Legal Studies, Columbia Law School Associate Professor Assistant Professor SMU Dedman School of Law SMU Dedman School of Law

PANELISTS ON INTERNATIONAL COMPETITION POLICY (left to right): Russell Damtoft, C. PAUL ROGERS III Associate Director of Federal Trade Commission, George A. Bermann, Professor of Professor and Former Dean EU Law at Columbia Law School, Eleanor Fox, Professor of Trade Regulation, NYU Law SMU Dedman School of Law

46 SMU DEDMAN SCHOOL OF LAW TRANSNATIONAL NETWORKS

conference on “The ization and the other one is the This panel was Rise of Transnational Internet…the Internet can kind of Networks” was held stand in for all these communicative followed by the luncheon at the SMU Dedman technologies that are so important presentation, an Alfred School of Law on November 7, and globalization for interdepen- A dence and the pressures it creates P. Murrah Lecture, 2008. This full-day conference, to cooperate across borders.” co-sponsored by The American delivered by Justice Raustiala described international Society of International Law, networks as an alternative to the Adel Sherif, Deputy featured four different panels numerous international organiza- Chief Justice, Supreme and a luncheon presentation that tions that were created after the addressed transnational networks’ Second World War. Without these Constitutional Court of formation, functions, advantages networks, the remaining options Egypt. This lectureship and disadvantages, legitimacy, and would be to “negotiate and develop overall effectiveness. Each panel shared rules” or to “apply [U.S] law was established in order was dedicated to the discussion of extra-territorially…where we often to commemorate the see that happen in the competi- a different facet of these networks work of Judge Alfred P. and was made up of experts from tion realm.” Professor Raustiala across the nation. concluded by highlighting ques- Murrah, who was a Judge tions surrounding transnational The first panel was comprised of networks such as “What are the of the United States Court four speakers who delivered pre- effects of these networks? Who of Appeals for the Tenth sentations concerning “Transna- participates in these networks? Do tional Networks and International these networks disguise the exer- Circuit from 1940 until Cooperation: Contributions and cise of power?” These questions and 1975, as well as the Direc- NETWORKS TRANSNATIONAL Challenges.” This panel was moder- more were addressed throughout ated by Associate Professor Jenia the rest of the conference. tor of the Federal Judicial Turner of SMU Dedman School of Center from 1970 to 1974. Law, who co-organized the confer- C. Paul Rogers III, Professor ence with Anthony Colangelo, of Law and Former Dean of SMU Justice Sherif, who has an Assistant Professor of Law at SMU. Dedman School of Law, moderated extensive background of Professor Turner teaches Interna- the second panel which discussed tional Organizations, International “International Competition Policy.” working within transna- Criminal Law, and Criminal Pro- Panelists Russell Damtoft and tional networks, delivered cedure. In her opening remarks, Eleanor Fox both focused on the a lecture addressing Professor Turner described the International Competition Network conference as “an exciting and (ICN), which was established in “Judicial Dialogue thought-provoking discussion of 2001 and which promotes effective a timely topic in international law Across Borders.” antitrust enforcement worldwide. and international relations” and outlined the topics to be addressed In evaluating the effectiveness of by the first panel: the history the ICN, Professor Fox said, “It’s of transnational networks, the had enormous good effect on many contributions these networks have countries, especially players in made to international cooperation, the world who were out in the and the challenges they face in both cold as far as their governments effectiveness and legitimacy. Kal were concerned [because] now Raustiala, Professor and Director of they’re linked into a very important the UCLA Ronald W. Burkle Center network of common interest. Is it for International Relations at the sufficient? I think it is not sufficient. UCLA School of Law, was the first I think that there will come a panelist and presented a broad day when we must think more overview of the “big picture issues” within transnational networks. seriously about coherence in the Concerning the inception of these world.” Transnational networks kinds of networks, Professor may be an integral part in creating Raustiala stated that the rise of this coherence. networks can be considered in two ways: “One is to think about global- JUSTICE ADEL OMAR SHERIF, Deputy Chief Justice, Supreme Constitutional Court of Egypt

T H E Q U A D 47 crisis. “The role of networks is going to be of increasing importance in the international financial area and networks of networks are going to be very important,” said Joseph Norton, James L. Walsh Distinguished Faculty Fellow and Professor in Financial Law at SMU. In evaluating the impact of these JOSEPH NORTON, James L. Walsh networks, Professor Zaring, Assis- Distinguished Faculty Fellow in Financial tant Professor of Legal Studies at the ELEANOR FOX, Walter J. Derenberg Professor of Trade Regulation, Institutional Law and Professor of Law, SMU Wharton School of the University of Dedman School of Law NYU School of Law Pennsylvania, said, “We don’t know exactly what these networks have Describing the formation of this contributed to this financial crisis about the problems inherent within form of communication, Justice but at the very least we can say that international criminal law, saying, Sherif said, “Judicial dialogue has perhaps they created the relation- “In respect to the prosecution of really…become progressive over the ships which have facilitated the international crimes, the problem last ten years or so. And what makes international responses that have is that states have very divergent it progressive is the firm belief that happened so far. I think we need interests. The state where the crimes judges themselves will have this to stay tuned before we can decide occurred is…either directly involved impetus to improve their judicial whether networks can, and indeed with or tacitly involved with the performance and be able to com- should, solve big international crimes themselves. This makes it municate to each other and to show problems like the one that seems to hard to motivate national govern- their respect for common values and be facing us today.” ments to cooperate with an interna- international law.” He described two tional prosecution or to undertake specific examples of such judicial The fourth and final panel, prosecutions themselves.” The third moderated by Professor Colan- panelist, Elena Baylis, Associate gelo, discussed “Transnational and Professor of Law at the University of International Criminal Law.” The Pittsburgh Law School, spoke about first speaker, Cecile Aptel, Senior the use of networks in post-conflict Fellow at the International Center states, states ravaged by war or for Transitional Justice, focused other extreme violence. Describing on the relationship between a group of people called “post criminal law and transnational conflict justice junkies,” people who TRANSNATIONAL NETWORKS networks and the existence of the carry out international interven- transnational criminal networks. Of tions in these states, Baylis said, these networks Aptel said, “They’re “These transnational networks are MARC I. STEINBERG, Senior Associate Dean very powerful. And they’re very important in international criminal for Research and Rupert and Lillian Radford organized. And they are totally Professor of Law, SMU Dedman School of Law law context because they are more informal, of course, yet they’re very effective than other mechanisms at well equipped, very well financed, the role of conveying information dialogue, one involving judicial [and] they have fantastic means of and resources in these post-conflict integrity which resulted in a widely- communication across borders.” states. Typically national institu- adopted Judicial Code of Conduct However, because criminal law is so tions are pretty destroyed in a and one involving environmental strongly associated with the states, post-conflict state and so there’s not law within which he called judicial it becomes complicated when crimes the same kind of bureaucracy and involvement a “recent phenom- are committed by people of different framework in place at other places enon.” In both instances judges from nationalities. “There is an increasing and times.” many different countries and legal disconnection between the crimes systems found common ground. and where they happen or how Although there are varied they happen and the state structure opinions on the current effective- The third panel was moder- where the criminal matters really ness of transnational networks, all ated by Marc I. Steinberg, Senior lie,” said Aptel. As a result, “profes- panelists agreed that the influence Associate Dean for Research and sionals involved in investigation and of these networks is rising and that Rupert and Lillian Radford Professor persecution are building transna- the networks have the potential to of Law at SMU. In this panel on tional networks as a response and represent a new and effective way ”International Finance Regulation,” as a way to try to correct this prob- to address the intractable problems the panelists largely focused on the lem.” Bill Burke-White, Assistant that most nations face and which relationship between transnational Professor of Law at the University of often have international networks and the current financial Pennsylvania Law School, also spoke ramifications.

48 SMU DEDMAN SCHOOL OF LAW CONFERENCES & PROMINENT SPEAKERS

GAME::BUSINESS::LAW International Summit on the Law and Business of Video Games

On January 14-15, 2009, SMU Dedman School of Law, The Guildhall at SMU and the Center for American and International Law (CAIL) co-hosted an International Summit on the Law and Business of Video Games. The two-day summit delivered perspectives about the business of video gaming to a lively and inquisitive GAME::BUSINESS::LAW audience of gamers, lawyers and business people.

Above Left: DR. PETER RAAD, Professor and Executive Director, The Guildhall at SMU

Above: YINGFENG ZHANG, Deputy General Counsel for Shanda Games and ‘09 LL.M. Graduate; XUAN-THAO NGUYEN Professor of Law, SMU Dedman School of Law

Left: ZACH BISHOP, Hunton and Williams Associate and JJ RICHARDS, General Manager of Platform Services, Microsoft Advertising, Microsoft Corporation

T H E Q U A D 49 DAVID McCOMB Partner of Haynes & Boone, ROXANNE E. CHRIST Partner of Latham & Watkins, ZACK KARLSSON Sr. Director of Business Development of NAMCO BANDAI Games America, Inc., YINGFENG ZHANG Deputy General Counsel of Shanda Games and ‘09 SMU Dedman Law LL.M. Graduate, and XUAN-THAO NGUYEN Professor of Law at SMU Dedman School of Law.

Digital gaming is one of According to Pricewater- With such growth, the world’s fastest growth houseCoopers’ Global Entertain- industries, creating new ment and Media Outlook for 2008- international competition, investment opportunities, 2012, the global gaming industry and inherent legal com- GAME::BUSINESS::LAW social“ paradigms, business models, will jump from $41.9 billion in 2007 and a host of legal issues,” said SMU to $68.3 billion in 2012. The annual plexities in the industry, Dedman School of Law Professor growth rate of 10 percent would the law school’s confer- Xuan-Thao Nguyen. best all other media sectors except for online advertising and access. ence on the Law and Busi- Admittedly not a “gamer” Anita Frazier, an Analyst for the ness of Video Games was herself, but feeding her fascination market research firm NPD, reported with the global impact of the in May 2009 that “video games well timed. While there gaming industry, Nguyen partnered account for one-third of the average are thousands of video with Dr. Peter Raad from The monthly consumer spending in the Guildhall at SMU and the Center for U.S. for core entertainment content game conferences that American and International Law in a including music, video, games…. occur around the world, two-day symposium on the law and [W]hile a portion of that share stems business of video games on January from the premium price of console few, if any, focus on the 14-15, 2009. Hosted at SMU Ded- games, we’re also seeing an overall business and legal aspects man School of Law, in the Hillcrest increase in the number of people Classroom of the Underwood Law participating in gaming year-over- of gaming. Library, a room of nearly 100 gam- year.” Recent NPD reports also ers, lawyers, and business people showed that more Americans played combined and discussed topics video games than went out to the ranging from business models, movies. copyright questions, free-speech issues, recession resistance, and international regulations–all related to the industry of video games, both online and console.

50 SMU DEDMAN SCHOOL OF LAW GAME::BUSINESS::LAW

Discussing games and legal Barry Seaton said, “I’ve been very Panels focused impressed… with the level of experi- on topics ranging from issues and challenges, ences and intelligence of the people Zach Bishop, a Southern in the room here as I’ve been listen- gaming development ing to the conference.” California attorney for and business models, SMU Dedman School of Law is Hunton & Williams, said, proud to have had Professor Xuan- whether the industry is “There probably are no Thao Nguyen envision the conference and also to have had Deputy General recession-proof, regula- game developers that Counsel Yingfeng Zhang speak on tions and roadblocks develop all of their content behalf of Shanda Games, the largest from scratch…. A single gaming company in China. Zhang for foreign-made games, was in Dallas attending the law ownership, and intellec- game could have up to ten school as an international LL.M. licenses.” Issues of owner- student during the conference. tual property protection. ship arise with music, content, and even screen In his opening remarks, Keynote Speaker Mitch Lasky of Benchmark fonts. Every element of a Capital said, “We’re in the middle of videogame is proprietary one of the most profound structural changes in the video game business and owned by someone. that has occurred since the mid- 70s.” He likened the fundamental Further, Bishop suggests changes in the industry to a “tectonic “internaliz[ing] the work-for-hire shift,” with the main “plates,” per rule… every single thing that se, being content innovation and somebody does for you should be distribution innovation. “Content in writing.” He also recommends innovation drives audience expan- forward-based thinking on gaming sion. It’s the most obvious sign of deals that include agreements on ad- the industry’s progress. Distribution ditional platform/operating system innovation is what creates value. development, ancillary rights, and Content doesn’t create value.” marketing rights. Barry Seaton, partner at Barry C. Seaton, P.C., said, Michael Yatsko, Advisor for “There’s no contract that’s going to SMU Dedman School of PricewaterhouseCoopers, suggested be able to address every potential to the audience of developers and situation that may come up… A Law, The Guildhall at investors, “You need to really good development contract, a good SMU, and the Center preserve the creative nucleus of the publishing contract will cover most for American and various studios that you have and scenarios and have a good dispute that you bring into the fold as you resolution process.” J. J. Richards, International Law look scale the business.” Commenting General Manager for Microsoft forward to hosting on what to keep in-house and what Advertising/Microsoft Corporation, to outsource, Yatsko advised the commenting on online games and the another conference on audience to ask the question: How clarity of its terms of use and opt-in/ January 27-28, 2010. does activity X, Y, & Z contribute opt-out policies, said, “We’re getting to our strategic advantage? “If it smarter as fast as we make mistakes.” doesn’t,” Yatsko said, “it qualifies as an outsource… I think the people Throughout the conference, the For more information, visit: that don’t react quickly enough will audience of game developers, busi- www.game-business-law.com fall by the wayside in this economy.” ness owners, investors, and lawyers Overall, however, the panelists and was inquisitive and lively. Such audience agreed that the industry thorough coverage of the legal and has potential for growth, despite a business aspects of gaming, contrary downturned economy. to the focus of most gaming confer- ences, triggered sharp questioning and heavy audience participation.

T H E Q U A D 51 CONFERENCES & PROMINENT SPEAKERS

2008-2009 TAX POLICY COLLOQUIUM

SMU Dedman School of Law hosts a series of discussions on the implementation of tax policy with leading academics, students, lawyers and members of the business community.

his past school year the SMU Dedman School of Law hosted a series of discussions on the implementation of tax policy entitled the “Tax Policy Colloquium Series.” TThis series was co-organized by SMU Dedman School of Law Professors Christopher H. Hanna and Henry J. Lischer, Jr. and featured speakers from seven different law schools, including the Netanya Academic College, School of Law, in Israel. Between October 2008 and March 2009, each speaker hosted a discussion on a specific aspect of tax policy. “The colloquium was a remarkable success. Many of those who attended com-

CONFERENCES & SPEAKERS CHRISTOPHER H. HANNA mented on how timely the topics were and Altshuler Distinguished Teaching Professor and Professor of Law how thoroughly the speakers presented the SMU Dedman School of Law issues and proposals for change. Professor Lischer and I look forward to another suc- cessful Colloquium Series next year,” said Hanna. Professor Hanna has experience in a number of areas of taxation. He has assisted the U.S. Joint Committee on Taxation in its study of the U.S. tax system as well as its study of Enron, and served as a tax advisor to the Presiden- tial Campaign of George W. Bush in 2000. Professor Lischer serves as the admissions examiner of the U.S. Tax Court in Washington, D.C. and has published widely on matters of federal income taxation, federal estate and gift taxation, and estate planning. The series will continue into the 2009-2010 academic year.

HENRY J. LISCHER, JR. Professor of Law SMU Dedman School of Law

52 SMU DEDMAN SCHOOL OF LAW CONFERENCES & PROMINENT SPEAKERS

Chief Judge Robert H. Henry Delivers Irving L. Goldberg Lecture

Chief Judge Henry spoke at length about America’s current “fussiness” toward international relations, saying, “Oddly, given reality, American politics seem to have an aversion to international cooperation and coordination, especially if human rights are involved. Now, I say ‘given reality,’ because I don’t think there has ever been a time when internationalism is more necessary.” In light of this attitude, Chief Judge Henry suggested that “it’s good

to band together with one message in foreign relations, even if that SPEAKERS & CONFERENCES one message may come from several different voices. We should have a coherent policy in international relations because it’s in our national interest, and it shows respect for our own promises and it shows n February 24, 2009, Chief respect for the international community.” Judge Robert H. Henry of the United States Court Along with international law and relations, Chief Judge Henry also of Appeals for the Tenth stressed the importance of foreign law. Admitting that he could not OCircuit delivered a Goldberg Lecture “imagine a scenario where foreign law would ever be controlling in a in the Hillcrest Classroom entitled matter of American constitutional law,” he suggested that “in open “‘A Decent Respect to the Opinions of areas, especially when the other countries are similarly situated with Mankind’ Sometimes Requires a Second us—Canada, Australia, the U.K., Israel, South Africa and Switzerland Look: Musings on Medellin, Federalism, might actually give us a clue that might be helpful.” and International Obligations.” Chief Judge Henry also discussed the case of Medellin vs. Texas, a Henry was appointed to the United “truly . . . difficult case coming after convergence of national values.” States Court of Appeals for the Tenth The case deals directly with Article 36 of the Vienna Convention on Circuit in 1994, and on January 1, 2008, Consular Relations (VCCR), which states that any person detained in a he became Chief Judge. In 1986, he foreign country is entitled to be informed “without delay” of his right was elected State Attorney General of to have his consulate immediately contacted about the detention. The Oklahoma, where he served from 1987 to case arose after Jose Medellin, a Mexican citizen who was sentenced to 1992. From 1993 to 1994, Henry served death for rape and murder, appealed his sentence on the basis that he as Dean and Professor of Law at Okla- was not informed of his rights as presented in the VCCR. homa City University School of Law. He currently serves as chair of the Judicial The Irving L. Goldberg Lecture Series was estab- Conference Committee on International and Judicial relations. Henry is also on lished by his former law clerks to honor the life and the Board of Advisors for the National work of Judge Irving L. Goldberg, who died in 1995. State Attorneys General Program at Columbia Law School and was selected Goldberg was a founder with Richard A. Gump and by Sandra Day O’Connor to serve on the Robert S. Strauss of the firm today known as Akin, Advisory Board for the Judicial Outreach Program of the American Society of Gump, Strauss, Hauer & Feld. International Law.

T H E Q U A D 53 16TH ANNUAL CORPORATE 43RD ANNUAL AIR COUNSEL SYMPOSIUM LAW SYMPOSIUM he Hon- he 43rd Annual Air Law Symposium took place on orable February 26-27, 2009, at Randy J. the Hotel InterContinental JUDGE inT Dallas. Hosted by the SMU CATHARINA HAYNES T U.S. Court of Appeals, Holland, a Justice Dedman School of Law’s Journal of Fifth Circuit of the Delaware Air Law and Commerce, this is the oldest and largest annual aviation Supreme Court law symposium in the world. since 1986, was The symposium’s luncheon the keynote speakers were Colleen C. Barrett, President Emeritus, Southwest speaker for the 16th Annual Airlines, who spoke on “LUV Corporate Counsel Symposium, hosted Relationships”; and the Honorable by the SMU Dedman School of Law and the SMU Catharina Haynes, Judge of the Law Review Association. Along with Justice Hol- U.S. Court of Appeals for the Fifth land’s presentation entitled “Delaware Corporate Circuit, whose speech was entitled Law: Boundaries and Balance,” the symposium also “Perspectives from the Bench.” COLLEEN C. BARRETT covered topics such as green lending impacts on The symposium also featured President Emeritus, the borrower, current issues in employment law, panels on “What Legal and Logis- Southwest Airlines corporate governance, issues in negotiating hedging tical Issues Arise When Your Case facilities, the latest trends in law and technology, and Leaves the U.S. for Foreign Shores?” and “What Does the role of general counsel in internal investigation. It Take to Settle an Aviation Case with Me?” The symposium was held on October 8, 2008 at the Other speakers included Donald R. Andersen, Omni Mandalay Hotel in Dallas. Stites & Harbison, PLLC; Steven O. Rosen, The Rosen Law Firm; James Healy-Pratt, Stewarts Law LLP; Gerald C. Sterns, Sterns & Walker; and Jonathan M. Hoffman, Martin, Bischoff, Templeton, Langslet & CONFERENCES & SPEAKERS Speakers included: Sally Longroy, Partner, Carrington, Hoffman LLP. Coleman, Sloman & Blumenthal, L.L.P., Dallas, Texas; Honorable Gerald E. Rosen, U.S. District Judge, Eastern A variety of additional topics were covered District of Michigan, Detroit, Michigan; Dick Thornburgh, Former U.S. Attorney General, highest-ranking American throughout the two days, including recent develop- at the United Nations and Governor of Pennsylvania, K&L ments in aviation law, the emergence of composite Gates LLP, Washington, D.C.; H. Stephen Grace, Jr., Ph.D., aircraft, the evolving state of aircraft lessor liability President, H.S. Grace & Company, Inc., Houston, Texas; in the United States, and real-life ethics for aviation James Jaconette, Partner, Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, California; Honorable Stanley lawyers. Sporkin, Retired U.S. District Judge, District of Columbia, U.S. Ombudsman of BP, Washington, D.C.; Marc I. Steinberg, Charles Tarpley, who serves as the Chair of the Rupert and Lillian Radford Professor of Law, SMU Ded- Air Law Symposium, is instrumental to its success. man School of Law, Dallas, Texas; Emily Parker, Partner, According to Paul Rogers, an SMU law professor and Thompson & Knight LLP, Dallas, Texas; Honorable Randy former dean of the Dedman School of Law, Tarpley is J. Holland, Justice, Delaware Supreme Court, Georgetown, Delaware; Chris Olive, Partner, Bracewell & Guiliani LLP, “almost solely responsible for making and keeping our Dallas, Texas; Tabor Pittman, Associate, Bracewell & Guiliani annual Air Law Symposium the preeminent event in LLP, Dallas, Texas; Patrick S. McGurn, Special Counsel, ISS the country in the aviation law field.” Governance Services Unit, RiskMetrics Group, Rockville, Maryland; Ashley Kisner, Partner, Strasburger & Price, LLP, Tarpley graduated from Southern Methodist Dallas, Texas; James H. Gallegos, Vice President & Corporate University School of Engineering and currently General Counsel, Burlington Northern Santa Fe Corporation, Fort Worth, Texas; Gary F. Kennedy, Senior Vice President, consults with policyholders and insurance companies General Counsel & Chief Compliance Officer, American on aviation insurance matters. Airlines, Inc., Dallas, Texas; David M. Sudbury, Senior Vice President, Secretary & General Counsel, Commercial Metals Company, Dallas, Texas; Alan R. Bromberg, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, Texas; Christopher H. Hanna, Altshuler Distinguished Teaching Professor and Professor of Law, SMU Dedman School of Law, Dallas, Texas.

54 SMU DEDMAN SCHOOL OF LAW CONFERENCES & PROMINENT SPEAKERS

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES Oral Arguments Heard On Campus

n February 3, 2009, SMU Dedman School of Law hosted a five-judge panel of the United States Court of Appeals for the Armed Services. The panel heard oral argument in the case of United OStates v. Gustavo A. Delarosa as part of the Court’s “Project Outreach.” This program was developed to provide public judge consuelo callahan awareness of the operation of a federal court of appeals and Ninth Circuit Court of Appeals the military justice system. In the lower court Delarosa, Aviation Ordnanceman Third Class U.S. Navy, was convicted of aggravated assault n May 30, 2009, Ninth Circuit Court on his five-month-old son at his off-base apartment of Appeals Judge Consuelo Callahan in Norfolk, Virginia. The appeal heard at the law school delivered a lecture to students entitled questioned whether or not the lower court determined that “Good Judging: Is It Harder Than It the Appellant’s assertion of his right to remain silent was OLooks Or Is It Different Than You Thought?” “scrupulously honored” in accordance with the United Judge Callahan explained the challenges judges States Supreme Court’s decision in Michigan v. Mosley, face in trial versus appellate courts, state versus

423 U.S. 96 (1975) and also whether or not the lower court federal courts, and as appointed or elected SPEAKERS & CONFERENCES erred in upholding the military judge’s decision to deny the judges. Appellant’s request to have his confession to local police suppressed. She also gave students advice about how to work with judges in the courtroom to win A central fact issue in the case was whether or not the cases. She suggested that researching the judge Appellant unambiguously invoked his right to remain silent. presiding over a case and tailoring arguments If he did so, the police are obligated to honor the invocation using knowledge of the judge’s past rulings before engaging in further discussion. If he did not do so, would make an invaluable difference. Finally, then the police are under no obligation to discontinue Judge Callahan advised students interested in questioning, as held in Davis v. United States, 512 U.S. 452 becoming judges to seek out summer clerkships (1994). and internships with judges. In the appeal, Preston Lee Jones, a third-year law Judge Callahan, who was appointed to the student at SMU, filed an amicus curiae brief along with Ninth Circuit Court of Appeals in 2003, received supervising attorney Brook A. Busbee, in support of Petty her A.B. from Stanford University, her J.D. from Officer Delarosa. Jones also presented oral argument with McGeorge School of Law, and an L.L.M. from Supervising Attorney Mike McCollum. the University of Virginia School of Law. She has Jones argued that there were two reasons for the deci- received the Susan B. Anthony Award for Women sion of the lower courts to be reversed. “First, Petty Officer of Achievement, the Stockton Peacemaker of the Delarosa’s confession should have been suppressed because Year Award, and the Action on Behalf of Children detectives asked questions intended to illicit a confession Award. In 1999, Judge Callahan was inducted after Petty Officer Delarosa had unambiguously invoked his into the San Joaquin Country Mexican-American right to remain silent; and second, Petty Officer Delarosa’s Hall of Fame. right to remain silent wasn’t scrupulously honored by the detectives in this case.” In a 4 to 1 decision rendered on May 6, 2009, the court affirmed the decision of the lower court, holding that the Motion to Suppress the confession was properly denied. Judge Charles E. Erdmann, who wrote a lengthy dissent, disagreed with the majority’s conclusion that Delarosa ambiguously asserted his right to remain silent and would have reversed the lower court’s decision and authorized a rehearing.

T H E Q U A D 55 Rusty Hardin ‘75 Sander Esserman ’76 Enjoying the Practice of Law: Arguing Before the Supreme “Loving Every Minute of It” Court – “Keep it Simple”

n a talk entitled “From SMU to the High n Tuesday, April 14, Sander “Sandy” Profile Case and Loving Every Minute of Esserman ’76 delivered a lecture entitled It,” Rusty Hardin ‘75 told law students how “Taking a Case from the Bankruptcy Court much he enjoys practicing law and spoke of to the Supreme Court.” In his talk, Esser- Oman described his experience working on Travelers hisI desire that each of them feel good about what they do. “Whenever you look forward to Friday, Indem. Co. v. Pearlie Bailey. The case originated in or dread Monday, it’s time to start looking around bankruptcy court and was eventually appealed to the for another job,” Hardin advised. He spent the Southern District of New York, the Second Circuit, first fifteen years of his career as an assistant and the Supreme Court. On March 30, 2008, Esser- district attorney in Houston, earning acclaim for man appeared for oral argument of the case before his cross-examination skills in celebrated cases. the Supreme Court of the United States. During that time he never lost a felony jury trial Esserman described the logistics of the case using and was named Texas Prosecutor of the year in visual aids. He explained, “One of the biggest mis- 1989. takes that you can make in court is to overcomplicate Hardin entered private practice in Houston things. It’s important to make it simple to under-

CONFERENCES & SPEAKERS in 1991, engaging in civil and criminal trial work stand the concepts. This [case] is pretty complicated, at both the state and federal levels. In 1994, he but I’m going to try to make it real simple.” The was named Chief Trial Counsel for the Whitewater case involved a company that filed bankruptcy after Independent Counsel’s Office, serving under both asbestos suits had been filed against it. It took several Bob Fiske and Ken Starr. In 1996, he established years to resolve the suit and the case had many dif- Rusty Hardin & Associates, where his practice ferent layers of complicated twists, but Mr. Esserman has been a diverse mix of roughly 85 percent civil managed to make the extremely complicated case trials and 15 percent criminal trials. Clients have seem straightforward. He spoke matter-of-factly been as varied as Arthur Andersen in both its civil and presented the more complicated concepts on the and criminal cases; ExxonMobil; Rice University; board. Students benefitted from the opportunity to The Houston Texans; and various professional study his way of simplifying a case. athletes including Warren Moon, Wade Boggs, Chairman of the American Bar Association Scottie Pippen, and Roger Clemens. Hardin urged Business Bankruptcy Subcommittee, Esserman is a law students to keep in mind that “no matter how partner with Stutzman, Bromberg, Esserman and cynical people get, whenever something is wrong Plifka, where his expertise is financial reorganiza- in their life, it’s the legal profession they look to tions. He has served as lead counsel to debtors, for help.” secured creditors, trustees, indenture trustees, and several creditor committees in Dallas, New York, and across the U.S. Esserman has also taught a course in Advanced Bankruptcy at SMU Dedman School of Law as an adjunct faculty member. He has published several articles, and most recently he co-authored the Collier Handbook for Trustees and Debtors in Possession, published in 2008.

56 SMU DEDMAN SCHOOL OF LAW CONFERENCES & PROMINENT SPEAKERS

Jason Ning ’96 JAMES C. HO Hollywood Screenwriter Texas Solicitor General

n April 1, 2009, Jason Ning ’96 ddressing a group of eager law students on described to law students his experi- April 8, 2009, Texas Solicitor General James C. ence as an entertainment lawyer Ho spoke about appellate advocacy and the turned screenwriter. Ning began role of his office in Texas. Ohis career as a legal intern with Disney in Los A Angeles which eventually led to a position Appointed by Attorney General Greg Abbott, Ho is within the DreamWorks legal department. He the State’s chief appellate lawyer and is responsible for later worked within the legal departments of supervising all civil and criminal appeals on behalf of SPEAKERS & CONFERENCES both Sony Pictures and Warner Bros. the Attorney General. Formerly an associate at Gibson, Dunn & Crutcher, and law clerk on the United States After enjoying success as an entertainment Supreme Court, Ho is the first Asian-American to hold lawyer for several different television and film the office of Solicitor General. production companies, Ning decided on a dras- tic career change: to become a screenwriter. Ho fielded questions about his experience as a In 2005, Ning successfully transitioned from clerk for the Court, recommending students apply for practicing law to working as a screenwriter clerkships after graduation. He said it gives new lawyers when he was offered a staff writer position the daily opportunity to see the final product of many on the NBC television show Crossing Jordan. lawyers with years of experience. Since then, Ning has worked on Burn Notice for Ho also recommended students get comfortable USANetwork and, most recently, on 90210 for with public speaking, which will help with appellate the CW Network. advocacy. “My best advice is to seize every possible op- Ning talked about the advantages his law portunity you can to get on your feet and talk,” he said. degree afforded him while pursing his pas- Ho recommended that rather than being intimidated by sion for screenwriting. He also gave students the panel of judges, lawyers should speak to them like advice about breaking into the highly coveted colleagues and see questions as opportunities. and competitive entertainment law industry. Ho advised the students to focus most on writing, Interested students should apply for entertain- however. According to Ho, “You can be a great appellate ment internships, network, and focus their lawyer without being a great oral advocate. You can’t be studies on copyright law and trading law, Ning a great appellate lawyer without being a great writer.” recommended. Ning met with students after Although most lawyers know writing is important, Ho his remarks and spoke further on the necessary said that editing skills are often overlooked. steps to breaking into the entertainment law industry.

T H E Q U A D 57 What Should We Permit Mental Health Professionals to Say About “The Best Interests of the Child”?

An Essay on Common Sense, Daubert, and the Rules of Evidence

An article by Daniel W. Shuman, M. D. Anderson Foundation Endowed Professor of Health Law, SMU Dedman School of Law FACULTY ARTICLE

Frederick Ruckstuhl’s “Wisdom,” a statue for the Appellate Court, New York.

58 SMU DEDMAN SCHOOL OF LAW FACULTY ARTICLE

The following is an excerpt from the original article first appearing in Family Law Quarterly. Please note that all footnotes correspond with the original text.

Introduction One of the most consistent nothing about the likelihood that findings of decision-making re- they are correct, and “forensic search is that the actuarial method decision-making is just as flawed hroughout the judicial of judgment and decision making as typical clinical judgment.” system, experts have outperforms the clinical method of 2 However sensible these conjunctive increasingly been asked judgment. The research on human judgment and decision making requirements may seem, this was “how do you know not, and is not, always the case. what you claim to know” before reveals that judgments of experi- T enced clinicians are as susceptible When the common law evidence their testimony is permitted. Curi- to error as lay judgments and that rules were developing in the sev- ously, that is not the case in child enteenth and eighteenth centuries, custody and visitation determina- experts, like untrained, lay deci- sion-makers, use decision-making little scientific research existed on tions, arguably the most important most legally relevant issues, and question courts decide. Courts strategies or mental shortcuts known as heuristics, in arriving the best information that the com- that demand to see published munity had to offer could be found studies in peer-reviewed journals at decisions that contribute to 3 in the opinions of those who were before permitting an expert to the error rate. Decision makers often ignore the importance of most qualified on the subject. Prior offer an opinion on the relationship to the existence of large research between the defendant’s drug and sample size and base rates and assume that isolated incidents are institutions, large scale funding for the plaintiff’s injuries, permit an research endeavors, and sophisti- expert to offer an opinion in a cus- representative and capable of being generalized to a broader range of cated research methodologies, the tody dispute without demanding best information that was likely ARTICLE FACULTY activities.4 Decision makers also an equivalent foundation. Why? to be obtained within the judicial How did we come to this disparate tend to err by giving inappropriate weight to information based on system’s temporal constraints was treatment of expert testimony and from the most highly qualified should it continue? its availability, such as relying on more dramatic recent stories experts. Thus, as the rules for the or anecdotes to the exclusion of admissibility of experts initially An Overview developed, scrutiny of the expert’s known statistical information.5 qualifications subsumed scrutiny of Common sense demands judicial Decision makers often overes- the expert’s methods and proce- scrutiny of both an expert’s quali- timate their knowledge about a dures. fications and the validity of the decision. Decision makers evaluate methods and procedures the expert information and attribute causality The enduring legacy of the employs. Qualifications are a claim in very different ways based upon general acceptance test of Frye v. to group membership in a relevant the framing of the information7 United States13 is its recognition trade, calling, or profession. and tend to anchor their decisions that qualifications are a necessary Unless a proposed expert expects stereotypically and select informa- but not a sufficient condition to demonstrate the legitimacy of tion to support them based on for the admissibility of expert his or her claimed field of expertise conclusions reached before receiv- scientific evidence. The Frye tabula rasa, the individual’s claim ing data about those decisions. opinion, addressing the admis- of expertise vicariously relies on There is no correlation between sibility of evidence of a precursor the group’s claim. confidence and accuracy of clinical to the polygraph, described the decision-making by either lay or expert who had administered the Qualifications are a necessary, expert decision makers. Strategies instrument as a scientist and raised but not a sufficient, basis for a for reducing these errors, such as no question as to the expert’s claim of expertise. The decision- warning decision makers about qualifications, yet that was not making research explicates why them, have not proven effective sufficient to justify admission of scrutiny of an expert’s qualifica- to correct these error-inducing this expert’s testimony about the tions and the expert’s methods and strategies in lay or expert decision test results. Even if the expert had procedures ought to be conjunctive 9 makers. Thus, the certainty that appropriate qualifications in his or considerations. Experts and well-qualified experts bring to her claimed field of expertise, Frye expertise are not the same. their clinical judgments reveals required that the expert’s methods

T H E Q U A D 59 FACULTY ARTICLE

and procedures have gained general It would, however, be wrong acceptance within the relevant to view Daubert narrowly as a professional community as a vehicle response to Frye’s analytical flaws, to assess their validity. or as a technical interpretation of the standard for admissibility under Frye was an important the Federal Rules of Evidence. advancement in judicial scrutiny The judicial system’s approach to of expert witnesses; nonetheless, it the admission of scientific expert suffered from several fundamental testimony reflects our profound flaws. First, ironically for a decision ambivalence about the use of that sought to impose limitations juries.20 “On the one hand, the jury on novel scientific evidence, Frye is a cultural icon as revered in the did not offer a definition of science, United States as the flag, its con- DANIEL W. SHUMAN let alone novel science, either to M. D. Anderson Foundation Endowed Professor of Health Law

The judicial system’s approach to the admission of scientific expert testimony reflects our profound ambivalance about the use of juries.

Judicial articulate the scope of the rule or tribution to democracy equated to a metric to assess the quality of voting. On the other hand, the jury Scrutiny of science in cases within its scope. is reviled as an agent of arbitrary Mental Health Second, Frye relegated trial judges injustice, its output considered to a passive role in the determina- evidence of the decline of moral Professionals as tion of admissibility of expert consensus.” testimony, delegating the crucial Expert Witnesses FACULTY ARTICLE decisions to the establishment in the The common law rules of Understanding what this increased field to which it belonged. Indeed, evidence in operation prior to the judicial scrutiny of scientific experts many trial judges seemed to like adoption of the Federal Rules of has meant for mental health profes- Frye because it got them off the Evidence in 1974 took a relatively sionals appearing as expert witness- hook. Third,Frye seemed to assume restrictive approach to the receipt es requires a comparison of Daubert that being popular (i.e., generally of expert testimony, fearing that v. Merrell Dow Pharmaceuticals, accepted) was the same as being an uneducated, naive jury might Inc.30 and Barefoot v. Estelle.31 right. abdicate its decision-making In Barefoot, the Supreme Court responsibility to the expert. Thus, The U.S. Supreme Court’s addressed a constitutional challenge expert testimony was generally ad- to a state court’s acceptance of decision in Daubert v. Merrell Dow missible only when the issues were Pharmaceuticals, Inc.16 provided clinically based expert psychiatric wholly beyond the knowledge of testimony on a defendant’s future the Court with, among other things, 23 the fact finder. The Federal Rules dangerousness in a capital sentenc- the opportunity to respond to the of Evidence reflected a “general flaws in Frye. Whatever else may be ing proceeding. The psychiatrist approach of relaxing the traditional had not examined the defendant but said about Daubert, it did respond 24 barriers to ‘opinion’ testimony” had opined, in response to a hypo- to Frye’s fundamental flaws. First, premised on greater confidence Daubert articulated a definition of thetical question, that based on his in the intelligence and sensibility experience, whether the defendant science. Second, Daubert placed 25 of jurors. Daubert was decided was in a prison setting or in society responsibility for the admission against the backdrop of a shift decision squarely on the trial judge. at large, there was a “‘one hundred towards greater restrictiveness to percent and absolute’ chance” that Daubert articulated a method of advance the business and insurance analysis, beyond mere popularity, the defendant would commit future industries’ tort reform agenda.26 to assess being right. acts of criminal violence.32 The American Psychiatric Association’s amicus brief asserted that a large body of research demonstrated that

60 SMU DEDMAN SCHOOL OF LAW FACULTY ARTICLE

long-term predictions of future that it was generally accepted that expert testimony? The expert in dangerousness were inaccurate only epidemiological research was Barefoot unabashedly presented his and more often than not wrong.33 appropriate to establish a causal link opinions based on clinical inference The Court nonetheless upheld the between Bendectin and human limb with no reference to any research. admissibility of this evidence, reduction birth defects and that of In Daubert, on the other hand, the observing that: thirty published epidemiological experts offered to present research- studies, none found such a link. The based, scientific testimony. While [T]he rules of evidence generally trial court agreed and excluded the that is not the only significant extant at the federal and state levels plaintiff’s experts’ testimony, as did difference between the cases, anticipate that relevant, unprivi- the court of appeals. In a decision the language of these opinions leged evidence should be admitted that failed to cite or distinguish strongly supports the conclusion and its weight left to the fact finder, Barefoot, the Supreme Court that the methodologies underlying who would have the benefit of required the trial judge to determine the testimony provide the critical cross-examination and contrary “whether the reasoning or meth- distinction. Daubert wrestles 35 evidence by the opposing party. odology underlying the testimony with the scientific method and The 1993 decision in Daubert is scientifically valid and of whether discusses many of the major works presented a challenge to a federal that reasoning or methodology addressing it, while Barefoot seems district court’s interpretation and properly can be applied to the facts unconcerned with the validity of application of the Federal Rules of in issue.”38 the research underlying the expert’s Evidence in a toxic tort claim. The conclusions or how the research was Strikingly, Daubert does applied in this case. plaintiffs asserted that Bendectin, not contain a single reference to defendant’s anti-nausea drug Barefoot. The plaintiff’s experts in The disparate treatment of ingested during pregnancy, had Daubert offered relevant evidence; expert opinion that is implicit in ARTICLE FACULTY caused limb reduction birth thus, if Barefoot’s standard of Barefoot and Daubert is explicit in 36 defects. The plaintiffs proffered the relevance applied, the expert several state supreme court deci- expert testimony of chemists and testimony should have been admit- sions which reason that juries biostatisticians whose qualifications ted with its weight left to the fact distinguish between research- and were not challenged by the defen- finder. Conversely, if Daubert’s clinically-based expert testimony. dant, who sought to link the limb requirement that the trial judge Representative of this approach reduction birth defects to Bendectin assess the scientific validity of is the Supreme Court of Florida’s based on animal studies, pharmaco- the methodology underlying the decision in Flanagan v. State,41 logical studies comparing Bendectin testimony applied in Barefoot, the which assesses the standard to apply with known teratogens, and re- expert testimony should have been to scrutinize the admissibility of the analysis of published epidemiologi- excluded. testimony of a psychologist who cal studies. The defendant objected opined that a defendant charged to the plaintiff’s experts’ testimony, What meaning should be drawn with sexual battery of a child met asserting, among other things, from the disparate treatment of

[P]ure opinion testimony, such as an expert’s opion that a defendant is incompetent, does not have to meet... [the legal standard for the admissibility of scientific information]...

T H E Q U A D 61 FACULTY ARTICLE the profile of a typical child sexual cally charged arena. From starkly use is extensive. Interestingly, in offender: contrasting assumptions about the one survey, family law attorneys believability of children’s testimony revealed that they do not regard [P]ure opinion testimony, 50 to assumptions about the conse- mental health professional input such as an expert’s opinion that a quences of children’s participation as helpful in reaching appropri- defendant is incompetent, does not in judicial proceedings,51 the judicial ate custody determinations, but have to meet ... [the legal standard system seeks guidance from mental that they present such testimony for the admissibility of scientific health professionals precisely largely to counter their opponents’ information], because this type of because the stakes are so high and experts.59 testimony is based on the expert’s our doubts about our own expertise personal experience and training. so great. Given these stakes and Testifying about how the best While cloaked with the credibility doubts about our expertise, what interests of a child will be served by of the expert, this testimony is ana- level of scrutiny should apply to a particular custodial arrangement lyzed by the jury as it analyzes any expert mental health professional entails a prediction. To assess the other personal opinion or factual testimony on this topic? ability of mental health profession- testimony by a witness. Profile als to make accurate predictions testimony, on the other hand, by requires that the outcome (i.e., its nature necessarily relies on some the best interests of the child) be scientific principle or test, which The Application “operationalized,” or described implies an infallibility not found in a fashion capable of measure- in pure opinion testimony. The of Daubert and ment. The best interests standard jury will naturally assume that the Equivalent is indeterminate. The ability to scientific principles underlying predict it cannot be measured. the expert’s conclusion are valid. Scrutiny to Accordingly, this type of testimony Expert Testimony Another explanation used to must meet ... [the legal standard justify less rigorous scrutiny of a for the admissibility of scientific About Children mental health professional’s input information], designed to ensure on the best interests of the child is Why would courts facing mental that these cases are often tried to that the jury will not be misled by health professionals’ clinical the court sitting without a jury.62 experimental scientific methods inference about the best interests which may ultimately prove to be As there is no right to trial by jury, of the child fail to engage in “a save Texas, for cases applying the unsound.42 preliminary assessment of whether best interests of the child standard, FACULTY ARTICLE This model of juror behavior is the reasoning or methodology it might be argued that there is no underlying the testimony is scien- not supported by any cited studies.45 need for rigorous scrutiny in these No study of juror decision making tifically valid and of whether that cases because judges, unlike jurors, finds that jurors assess expert reasoning or methodology properly are immune from decision-making testimony based on distinctions can be applied to the facts in is- errors based on unreliable expert sue”?54 One explanation may be the between research- and clinically- testimony.63 Not only is there an based opinions. My research best interests standard itself. This absence of research supporting reveals that jurors seek to make indeterminate standard has trans- the conclusion that judges apply expert-specific decisions based formed the substantive legal stan- different decision-making strate- on rational criteria–the expert’s dard in child custody and visitation gies to assess expert testimony than qualifications, reasoning, factual issues, and the role of mental health jurors, but some of the most scath- familiarity, and impartiality–and professionals as expert witnesses ing attacks on the assessment of are not deferential to particular in child custody and visitation experts have been launched against determinations.55 Although some classes of experts.46 Moreover, judges. The research does suggest these cases theorize that jurors will contend that mental health that, in general: “[j]urors use routinely give greater weight to professionals’ “[e]mpirical findings criteria as rational and practicable testimony that invokes the mantle directly or indirectly relevant to as those suggested for use by trial of science, not that jurors are any questions for which judges deciding judges in Daubert v. Merrell Dow better able to assess the validity of difficult cases need answers are Pharmaceuticals, Inc. to assess the 56 the testimony. virtually nonexistent,” the best admissibility of scientific evidence. interests standard assumes that Indeed, when considered in light Whatever concerns may exist mental health professionals have of doubts about the abilities of about the application of Daubert a sound basis for answering these trial judges to apply Daubert, past or other equivalent scrutiny of questions. Although psychiatric research that finds that jurors tend expert mental health professional and psychological testimony is to decide cases consistently with testimony in other settings, their not required in child custody and judges, and an anecdotal collection testimony about children falls visitation proceedings utilizing of claims of error made by judges into a hotly debated and politi- the best interests standard, its

62 SMU DEDMAN SCHOOL OF LAW FACULTY ARTICLE in admitting scientific evidence, juries may be as discerning as REPRINT PERMISSION the judges who are charged with shielding them from certain expert “What Should We Permit Mental Health Professionals to Say About ‘The Best testimony.”65 Interest of the Child’?: An Essay on Common Sense, Daubert, and the Rules of Evidence,” by Daniel W. Shuman, 1997, Family Law Quarterly, 31:3, pp. 551-570. There is no basis to conclude ©1997 by the American Bar Association. Reprinted With permission. All rights that judges are immune from errors reserved. This information or any or portion thereof may not be copied or dissemi- in assessing the foundation for nated in any form or by any means or stored in an electronic database or retrieval expert testimony. system without the express written consent of the American Bar Association. Footnotes 41. 625 So. 2d 827 (Fla. 1993). 42. Id. at 828. See also People v McDonald,. 690 P.2d 709 1. Professor of Law, Southern Methodist University School (Cal. 1984). Conclusion of Law, Dallas, Texas. An earlier version of this essay was presented at the American Bar Association Section of Fam- 45. See Daniel W. Shuman et al., Juror Assessments of the ily Law and American Psychological Association Conference Believability of Expert Witnesses: A Literature Review, 36 There is often an inverse on Children, Divorce, and Custody: Lawyers and Psycholo- JURIMETRICS J. 371 (1996). gists Working Together, Los Angeles, California, April 17, 1997. Work on this essay was supported by a grant from 46. Anthony Champagne et al., An Empirical Examination correlation between the the M.D. Anderson Research Foundation. Amina Memon of the Use of Expert Witnesses in American Courts, 31 and Ellen Solender provided thoughtful insights on earlier JURIMETRICS J. 375, 388 (1991); Daniel W. Shuman et al., legal relevance of social drafts for which I am extremely grateful. Ashley Frizell, J.D. An Empirical Examination of the Use of Expert Witnesses in candidate, Southern Methodist University School of Law, the Courts Part Two: A Three City Study, 34 JURIMETRICS 1998, provided invaluable research and editorial assistance. J. 193 (1994); Anthony Champagne et al., The Problem science research (e.g., [Lynn I need your help here, what can I cut?] with Empirical Examination of the Use of Court Appointed Experts: A Report of Non findings, 14 BEHAV. SCI. & L. 361 effect of parents’ hos- 2. DANIEL KAHNEMAN ET AL., JUDGMENT UNDER (1996); Shuman, supra note 45; Daniel W. Shuman et al., UNCERTAINTY: HEURISTICS AND BIASES (1982); Robyn Assessing the Believability of Expert Witnesses: Science in M. Dawes et al., Clinical Versus Actuarial Judgment, 243 the Jurybox, 37 JURIMETRICS J. 23 (1996). tilities on child’s mental SCIENCE 1668 (1989). 47. People v. Beckley, 456 N.W.2d 391, 404 (Mich. 1990). health) and its scientific 3. Donald N. Bersoff, Judicial Deference to Nonlegal Decisionmakers: Imposing Simplistic Solutions on Problems 50. See STEPHEN J. CECI & MAGGIE BRUCK, JEOPARDY of Cognitive Complexity in Mental Disability Law, 46 SMU IN THE COURTROOM: A SCIENTIFIC ANALYSIS OF grounding. The best re- L. REV. 329 (1992) CHILDREN’S TESTIMONY (1995).

search is likely to be of 4. Daniel Kahneman & Amos Tversky, Subjective Prob- 51. Compare David Finkelhor & Angela Browne, The ARTICLE FACULTY ability: A Judgment of Representativeness, 3 COGNITIVE Traumatic Impact of Child Sexual Abuse: A Conceptualiza- PSYCHOL. 430 (1972). tion, 55 AM. J. ORTHOPSYCHIATRY 530, 532 (1985) with general application and Jon Elster, Solomonic Judgments: Against the Best Interests 5. Amos Tversky & Daniel Kahneman, Availability: of the Child, 54 U. CHI. L. REV. 1, 2 (1987) is unlikely to be useful in A Heuristic for Judging Frequency and Probability, 5 COGNITIVE PSYCHOL. 207, 227 30 (1973). 53. Frederick Rotgers & Deirdre Barret, Daubert v. Merrell Dow and Expert Testimony by Clinical Psychologists: predicting outcomes in 7. Allan S. Brett, Treating Hypercholesterolemia: How Implications and Recommendations for Practice, 27 PROF. Should Predicting Physicians Interpret the Published Data PSYCHOL.: RES. & PRAC. 467, 472 (1996). particular cases.66 for Patients, 321 NEW ENG. J. MED. 676 (1989). 54. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 592 9. Baruch Fischhoff, Perceived Informativeness of Facts, (1993). It would be wrong to end 3 J. EXPERIMENTAL PSYCHOL: HUM. PERCEPTION & this essay with the conclusion PERFORMANCE 349, 354 57 (1977). 55. Martha Albertson Fineman, Child Custody Decision Making and the Politics of Child Advocacy in LAW, MENTAL that the problem is mental health 13. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). HEALTH AND MENTAL DISORDER 522, 523 (Bruce Sales & Daniel Shuman eds. 1996):. professionals simply need to try 16. 509 U.S. 579 (1993). harder to answer the questions 56. Sheila Rush Okpaku, Psychology: Impediment or Aid in 20. Daniel W. Shuman & Anthony Champagne, Removing Child Custody Cases?, 29 RUTGERS L. REV. 1117, 1140 (1976). that the legal system poses to the People from the Legal Process: The Rhetoric and Research on Judicial Selection and Juries, 3(1) PSYCHOL., 59. Robert D. Felner et al., Child Custody Resolution: A them. If there is good reason to PUB. POL’Y, & L. (forthcoming 1997). Study of Social Science Involvement and Impact, 18 PROF. PSYCHOL.: RES. & PRAC. 468 (1987). doubt that psychologists’ and 23. Mason Ladd, Expert Testimony, 5 VAND. L. REV. 414 other mental health professionals’ (1952). 60. Thomas R. Litwack et al., The Proper Role of Psychology in Child Custody Disputes, 18 J. FAM. L. 269, 282 93 (1980). testimony about the best interests 24. Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 (1988). of the child often meets Daubert 61. Thomas M. Horner & Melvin J. Guyer, Prediction, 25. Fed. R. Evid. 702. Prevention, and Clinical Expertise in Child Custody Cases in or equivalently rigorous scrutiny, Which Allegations of Child Sexual Abuse Have Been Made: I. 26. See generally PETER W. HUBER, LIABILITY: THE LEGAL Predictable Rates of Diagnostic Error in Relation to Various laying the blame at the feet of REVOLUTION AND ITS CONSEQUENCES (1988) Clinical Decisonmaking Strategies, 25 FAM. L.Q. 217, 251 (1991).). mental health professionals is 28. See State v. Foret, 628 So. 2d 1116 (La. 1993); E.I. du misplaced. Perhaps the problem Pont De Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 62. HOMER H. CLARK, JR., THE LAW OF DOMESTIC is not that psychologists and other 1995). RELATIONS IN THE UNITED STATES 540 (2d ed. 1987) mental health professionals do not 29. Stuart A. Greenberg & Daniel W. Shuman, Irreconcilable 63. See, e.g., Elster, supra note 51, at 28 32. [reinsert n 65 Conflict Between Therapeutic and Forensic Roles, 28 PROF. Shuman supra note 45 at 30] have empirically grounded answers PSYCHOL.: RES. & PRAC. 50, 55 (1997). 66. See, e.g, Phoebe C. Ellsworth & Robert J. Levy, Legisla- to these questions necessary to 30. 509 U.S. 579 (1993). tive Reform of Child Custody Adjudication: An Effort to Rely resolve specific cases, but rather on Social Science Data in Formulating Legislative Policies, 4 31. 463 U.S. 880 (1983). LAW & SOC’Y REV. 167, 169 (1969). that the legal system has chosen a standard based on the assumption 32. Id. at 919. that mental health professionals do 33. Id. at 920 21. have systemic answers to these case 35. 463 U.S. at 898. specific questions. 36. 509 U.S. 579 (1993).

38. Id. at 592.

T H E Q U A D 63 ROY R. ANDERSON COMPLETES TERM OF SERVICE AS SENIOR ASSOCIATE DEAN FOR ACADEMICS

fter six years “The Wolf at the Campfire: of service, Roy Understanding Confidential Anderson, Vinson Relationships,” won the Texas & Elkins Distin- Bar Foundation’s Award for guishedA Teaching Fellow and the outstanding law review Professor of Law, is stepping article for 2000. He is also co- down as Senior Associate author of the three volumes Dean for Academics to take of the Texas Litigation Guide a sabbatical leave and then that deal with commercial return to full-time teaching. litigation. He is passing the torch to John Lowe, George W. Hutchison “As Associate Dean, Roy Professor of Energy Law, who took on many difficult tasks, assumed the role of Associate including chairing the Ad Hoc Dean for Academics in June. Self Study Committee and the Ad Hoc Evening Program Professor Anderson Evaluation Committee,” received his Bachelor of Arts Dean Attanasio said. “He also degree in 1966 from Texas worked extensively with many Christian University, his J.D. other committees including in 1969 from Southern Meth- the Part-Time Transition FACULTY APPOINTMENTS odist University, and his LL.M. Committee, the Curriculum in 1975 from Yale University. Roy R. Anderson Committee, and the Appoint- A former Notes and Comments Vinson & Elkins Distinguished ments Committee. I would like to Editor for the Journal of Air Law Teaching Fellow and extend my sincere thanks to him And Commerce, Anderson teaches Professor of Law for his great service to the law in the areas of contracts, sales, and school and wish him a restful and commercial remedies. He served productive sabbatical.” for many years as the adviser for programs in the country. And the SMU Law Review and for the I am particularly grateful to my moot court program. good friend and colleague John Lowe, a great lawyer, teacher, and “It was a pleasure to have had scholar, for agreeing to become the opportunity to work closely our new academic dean. He and with our Dean, my faculty col- John Attanasio will undoubtedly leagues, and our extraordinarily provide us with great leadership in talented administrative staff these the coming years.” past six years, during a period of great progress in the history Professor Anderson is the of our law school,” Professor author of numerous law journal Anderson said. “I am grateful for articles and a two-volume treatise also having had the opportunity to entitled Damages Under the participate directly in the institu- Uniform Commercial Code (2d tion and development of our ed. 2003), and the co-author of current evening program, and Anderson, Bartlett & East’s Texas to watch its progress into what Uniform Commercial Code Anno- I truly believe is one of the top tated (2003). Anderson’s article,

64 SMU DEDMAN SCHOOL OF LAW FACULTY APPOINTMENTS

JOHN S. LOWE ACCEPTS APPOINTMENT AS SENIOR ASSOCIATE DEAN FOR ACADEMICS

ollowing in the Law of the ABA and former footsteps of Professor president of the Rocky Moun- Roy Anderson, John tain Mineral Law Foundation. S. Lowe, George W. Hutchison Professor of Energy “I look forward to carrying F on the great work done by Law, has been appointed the Senior Associate Dean for Roy Anderson in this position Academics for the SMU Ded- and facing the challenges man School of Law. of the future with support from our collegial faculty and “In his teaching, scholar- leadership from the Dean,” ship, and chairmanship of the Professor Lowe said. “I Appointments Committee, John think the future of this great has played an important role in law school is to be among APPOINTMENTS FACULTY advancing the aspirations of the the highest achievers in the Law School towards being one coming years.” of the top law schools in the nation,” said Dean John B. Attanasio. “I am sure that he will do an excellent job as Senior Associate Dean for Academics.” A member of the faculty John S. Lowe Senior Associate Dean for Academic since 1987, Professor Lowe re- Affairs & George W. Hutchison ceived his Bachelor of Arts Degree Professor of Energy Law in 1963 from Denison University and his Bachelor of Laws Degree in 1966 from Harvard University. Visiting Chair of Energy Law and He has written many articles and Policy at the University of Alberta. books including Cases & Materials Currently, he is an Honorary on Oil & Gas Law, Hemingway Lecturer and Principal Researcher on Oil & Gas Law Taxation, at the Center for Energy Petroleum and International Petroleum and Mineral Law at the University Transactions. He has served as a of Dundee, Scotland and a Senior visiting professor at the University Fellow of the Faculty of Law, of Texas, a Distinguished Visiting University of Melbourne, Austra- Professor of Natural Resources lia. Law at the University of Denver, and as the Visiting Judge Leon Professor Lowe is also an Karelitz Chair of Oil and Gas at the International Legal Adviser for Iraq University of New Mexico. oil issues in the Commercial Law Development Program of the U.S. Last fall Professor Lowe was Department of Commerce. He named a Fulbright Senior Special- is former chair of the Section of ist in Energy Law while serving Environment, Energy & Resource as the Borden Ladner Gervais LLP

T H E Q U A D 65 FACULTY ACCOMPLISHMENTS Linda Eads ReceiveS Lola Mary Spector Named Wright Award and Named Bellow Scholar Extraordinary Woman in Law

rofessor Linda Eads ssociate received the 2009 Lola Professor PWright Foundation AMary Spector Award at the Annual Texas has been selected Bar Foundation Dinner held as one of the 2009 on June 26, 2009, at the Bellow Scholars by Belo Mansion in Dallas. The a committee of the award is presented each American Associa- year in connection with the tion of Law Schools State Bar of Texas An- (AALS) Section on nual Meeting and recognizes Clinical Education outstanding public service for her project in advancing and enhancing on “The Impact legal ethics in Texas. A cash of Debt Collection Litigation on Consumers award of $5,000 is given to the recipient for donation and the Courts.” The Bellow Scholar Program to the charity of his or her choice. Eads designated SMU recognizes and supports projects undertaken by Dedman School of Law to receive the contribution. clinical law teachers. Awards are made every two years on the basis of “innovative proposals Last fall the Texas Lawyer selected 30 Texas designed to improve the quality of justice in women out of more than 500 nominated to be profiled communities, to enhance the delivery of legal in their magazine as “Extraordinary Women in Law.” services, and to promote economic and social Eads was selected because of her outstanding work on justice.” The projects become the focus of the significant overhaul of the Texas Rules of Disciplin- information-sharing, discussion, and critique ary Conduct, as chairwoman of the State Bar of Texas at the annual AALS Clinical Conference and at disciplinary rules committee from 2004 to 2007. She the Bellow Scholar Workshops at the University oversaw the committee’s December 2006 report to the of Pennsylvania. Texas Supreme Court containing comprehensive recom- mendations for changes in the rules. Spector is Co-Director of the Civil Clinic, Director of the Consumer Law Project, and Professor Eads received her B.A. from American Associate Professor of Law at SMU Dedman University in 1971 and her J.D. from the University of School of Law. She received her B.A. from Texas School of Law in 1975. She has been a member Simmons College and earned her law degree of SMU’s faculty since 1986, taking a leave of absence from Benjamin N. Cardoza School of Law in to assume the post of Deputy Attorney General for 1986. Professor Spector joined the faculty at Litigation for the State of Texas from 1999 until 2000. SMU in 1991. During that time she participated in the appeal to the 5th Circuit of the decision in Hopwood v. Texas. Eads teaches and writes in the areas of evidence, legal ethics, constitutional law, and women and the law. She was voted best classroom teacher and recipient of the Don M. Smart Award for Excellence in Teaching in 1989, 2004, 2006, and 2008.

66 SMU DEDMAN SCHOOL OF LAW FACULTY ACCOMPLISHMENTS

Fred Moss RECEIVES THE christopher h. hanna Robert E. Oliphant AwarD receiveS 2009 dr. don m. smart award

he National his year, the Institute for SMU Dedman TTrial Advocacy TSchool of Law’s (NITA) presented graduating class again its 2008 Robert E. recognized Professor Oliphant Award for Christopher H. Hanna outstanding service with the 2009 Dr. Don to Professor Fred M. Smart Award for

Moss. From 1980 to Excellence in Teach- ACCOMPLISHMENTS FACULTY 1989, Moss was the ing. Professor Hanna Director of NITA’s is Altshuler Distin- Southern Regional guished Teaching Trial Training Professor and Profes- Program. Since 1991, he has acted as the Director sor of Law. He has been a visiting professor at the of NITA’s Southern Deposition Skills course. University of Texas School of Law, the University In 2005, Moss received the Honorable Prentice of Florida College of Law, and the University of Marshall Faculty Award from NITA “for his 25 Tokyo School of Law, as well as a visiting scholar years of teaching innovations and extraordinary at Harvard Law School and the Japanese Ministry contributions to the NITA.” of Finance. Hanna received his undergraduate degree in accounting at the University of Florida Moss received his B.A. from Georgetown and his law degrees at the University of Florida University and his J.D. from Villanova Law College of Law (J.D., 1988) and New York Univer- School, where he was on the Villanova Law sity School of Law (LL.M. in Taxation, 1989). He Review. After serving as a prosecutor with has authored numerous articles in various areas the U.S. Attorney’s Office in Washington, of taxation including international taxation, D.C., Professor Moss was a teaching fellow and corporate taxation, partnership taxation, and tax lecturer at Harvard Law School. Moss moved accounting. His first book, entitled Comparative to SMU Law School in 1978 and dedicated Income Tax Deferral: The United States and thirty-one years to the school. Professor Moss Japan, was released in July 2000. Clearly a much retired from the faculty at the end of the spring loved teacher, Hanna received the award for the 2009 semester. Moss had a very distinguished eighth time. tenure at the law school. He taught lawyering, criminal law, evidence, trial advocacy, criminal procedure, and professional responsibility, and directed the law school’s Criminal Clinic. He also published numerous articles and co-authored a treatise on Texas evidence. Moss served as a visiting professor at Cornell Law School in 1990. Throughout his career, he regularly guest lectured at continuing legal education seminars on evidence and professional ethics topics.

T H E Q U A D 67 FACULTY ACCOMPLISHMENTS

Columbia University Joshua Tate Earns Confers J.S.D. Degree on Ph.D. Degree from Yale Anthony Colangelo University

n May 2009, Professor rofessor Anthony Colan- Joshua Tate Igelo received a J.S.D. Pearned his Degree from Columbia Ph.D. in History University School of Law. from Yale Univer- Prior to coming to SMU, sity in 2009. He is Professor Colangelo held a graduate of Yale an Associate-in-Law Law School, where research and teaching he was Executive fellowship at Columbia Editor of both the Law School, where he Yale Law Journal earned an LL.M. Degree and the Yale in 2006. Journal of Inter- national Law. Following a clerkship with the Colangelo received Honorable Carlos F. Lucero of the United States his B.A., summa cum laude, from Middlebury Court of Appeals for the Tenth Circuit, Tate College and his J.D., magna cum laude, from served as the Ribicoff Fellow at Yale Law School Northwestern University, where he was Notes Editor FACULTY ACCOMPLISHMENTS for 2003-04, and as a Golieb Fellow at NYU Law of the Northwestern University Law Review. After School for 2004-05. He has been a full-time law school Colangelo clerked for the Honorable Ralph faculty member at SMU Dedman School of K. Winter of the United States Court of Appeals for Law since the fall of 2005, and has also been the Second Circuit. Professor Colangelo’s scholarly a visiting faculty member at the University of and teaching interests are in the fields of conflict of Pennsylvania Law School. laws, civil procedure, U.S. foreign relations law, and private and public international law. His scholarship Professor Tate’s research and teaching has been selected for presentation at the prestigious is concentrated in the areas of legal history, Stanford/Yale Junior Faculty Forum, and his articles property, and wills and trusts. He has written have been cited at the U.S. Court of Appeals and U.S. articles on modern inheritance law and the District Court levels. legal history of ancient Rome, medieval Europe, and nineteenth-century America in the Journal of Legal History, Yale Journal of Law and the Humanities, and Journal of Law and Religion, among others. Tate has also given invited pre- sentations at numerous academic conferences, colloquia, and workshops both in the United States and abroad. He is currently engaged in a study of the development of property rights and remedies in medieval England, focusing on advowson litigation.

68 SMU DEDMAN SCHOOL OF LAW FACULTY ACCOMPLISHMENTS

Distinguished Research Professor BRYAN A. GARNER EDITS NINTH EDITION OF BLACK’S LAW DICTIONARY

istinguished Research Professor of Law Bryan A. Garner served as Editor-in-Chief of the Ninth Edition of Black’s Law Dictionary, pub- Dlished July 1, 2009. Black’s Law Dictionary is known for its clear and precise legal definitions, substantive accuracy, and stylistic clarity - making it the most cited legal dictionary in print. Garner is the author of several books on English usage and legal writing, including A Dictionary of Modern Legal Usage and his magnum opus 897-page Garner’s Modern American Usage, both published by Oxford University Press. He was also Editor-in-Chief of the seventh and eighth editions of Black’s Law Dictionary. Professor Garner, who earned his undergraduate and law school degrees at the University of Texas, is the founder of LawProse, Inc., a company that provides CLE training in legal writing, editing, and drafting. Since 1991, it has conducted seminars for more than 100,000 lawyers and judges across the country and abroad. Garner’s latest book is Making your Case: The Art of Persuading Judges, co-written with United States Supreme Court Justice Antonin Scalia.

JOHN B. ATTANASIO DISCUSSES GLOBAL FINANCIAL CRISIS — FEATURED ON CHINESE NATIONAL TELEVISION

peaking in six different countries around the world, Dean John B. Attanasio presented his paper on theories related to the causes of the Scurrent global financial crisis. The overall discussion and ideas are relevant for international thinking in academia and in the business world. The Dean addressed audiences in Brunei, Korea, Thailand, Indonesia, China, and the United States. He gave four presentations to government officials, business people and members of the academy in Brunei in July 2009, and Dean Attanasio also appeared in late 2008 on CCTV-9 (China Central Television) on a program called “Dialogue.” In his paper, Dean Attanasio makes comparisons between the 2008-2009 global financial crisis and the global financial crisis of 1997-1998. A decade ago, SMU Dedman School of Law organized a series of six conferences to study the problem. Attanasio incorporated the lessons and wisdom from those conferences into his analysis of the economic problems of today.

DEAN JOHN B. ATTANASIO with students and professors from Kyung Hee University in Seoul, Korea.

T H E Q U A D 69 FACULTY RETIREMENTS

Professors Regis Campfield and Frederick C. Moss Say Goodbye to SMU Dedman School of Law

lawyer because, says Campfield, “I an invitational group of 34 practicing had so much else to do that I never lawyers and one academic from had the opportunity to try anything nearly every major area of the else!” While with Squire, Sanders & country. The group meets 2-3 times Dempsey, Campfield also served a annually to debate and discuss issues, brief stint as an enlisted man in the before the meetings of the American Air Force, followed by a turn as a Bar Association Tax Section. Camp- Navy Reserve Judge Advocate General field hails this association as one of Corps officer. particular intellectual significance to him. He then returned to his undergraduate alma mater to teach. Campfield is also a Life Fellow of As a tenured faculty member at the American Law Institute, a fellow Notre Dame Law School, Campfield and former Regent of the American taught Wills and Trusts, Estate and College of Trust & Estate Counsel, Gift Taxation, and Estate Planning. a past member of the Council of He also founded the Notre Dame the International Academy of Trust Tax & Estate Planning Institute, a and Estate Law, a past chair of a continuing legal education program committee of the Tax Section of the which he continues to chair. During American Bar Association, and a Campfield’s time at Notre Dame, Fellow of the American College of Tax his two children, Allison and Claire, Counsel. According to Campfield, Regis Campfield were born. “These professional associations gave me a perspective on developments After 32 years of teaching students at In 1977 Campfield visited SMU SMU Dedman School of Law, Regis in the law and practice and thus and accepted a position as Professor greatly enhanced my contribution Campfield, Marilyn Jeanne Johnson of Law. Campfield recalls, “Giving up Distinguished Law Faculty Fellow, is to the learning environment that we a tenured post at Notre Dame was dif- provide students at SMU.” retiring. “Regis has been a credit to ficult but SMU was, and is, an excit- this University,” says Dean John B. ing place, with a great faculty, strong Campfield received the Attanasio. “His dedication not only leadership, good students—and my Distinguished Accredited Estate to his students but also to his many wife’s hometown.” While with SMU, Planner award, which is a lifetime extracurricular projects is admirable. the much admired professor taught achievement award from the National In retirement he will be missed by courses in Wills and Trusts, Estate and Association of Estate Planners & both students and fellow faculty Gift Taxation, and Estate Planning. Councils. In honor of his service as alike.” Campfield also remained an active chairperson of the Notre Dame Tax Originally from Western Pennsyl- contributor to legal scholarship, and Estate Planning Institute for vania, Campfield received his BB.A., and is the author of many books and over thirty years, University of Notre cum laude, from the University of articles on estate planning. He is an Dame Law School named its 5,000 Notre Dame in 1963 and his J.D. from author of Taxation of Estates, Gifts volume collection on estate planning the University of Virginia in 1966. and Trusts (now in its 23rd edition); the Regis and Mary Campfield Col- While at the University of Virginia, Estate Planning & Drafting (now in lection in Estate Planning. Campfield Campfield met and married his wife its 3rd edition); Fiduciary Tax Guide has been a visiting professor at the Mary, a Ph.D. candidate attending and Taxation of Income, among University of Virginia School of Law. the same institution. After law school many others. He retires from SMU Dedman School he went on to practice with Squire, of Law as Professor Emeritus of Law A year after joining the faculty at and the Marilyn Jeanne Johnson Sanders & Dempsey in Cleveland SMU, Campfield became a member where he became a wills and trusts Distinguished Law Faculty Fellow of the Estate Planning Study Group, Emeritus.

70 SMU DEDMAN SCHOOL OF LAW FACULTY RETIREMENTS

Thank you! The law school appreciates your 30+ years of service.

tion with the Department responsibility; and he directed the of Justice in Washington, law school’s Criminal Clinic. From working in the Criminal 1980 to 1989, Moss was the Director Division. of the National Institute for Trial Advocacy’s (NITA) Southern Re- In the spring of 1969, gional Trial Training Program. Since Moss was called to active 1991, he also acted as the Director of duty by the U.S. Army to NITA’s Southern Deposition Skills serve in the Vietnam War. course. In 2005, Moss received the After a year in Ft. Carson, Honorable Prentice Marshall Faculty Colorado, Moss was as- Award from NITA “for his 25 years of signed to a transportation teaching innovations and extraordi- battalion in Vietnam that nary contributions to the NITA,” and ran an Army port on the in 2008, NITA presented him with Saigon River. There, he the Robert E. Oliphant Award for his RETIREMENTS FACULTY oversaw the hiring and outstanding service. payment of the company utilizing the port. While Additionally, Moss co-authored in Vietnam, Moss was a treatise on Texas evidence and pub- promoted to Captain. lished numerous articles in the areas of his expertise. Moss also served as After his tour ended a visiting professor at Cornell Law Frederick C. Moss in 1971, Moss returned School in 1990. Throughout his to the U.S. and accepted a position Frederick C. Moss is retiring after 31 career, he regularly guest lectured at as an Assistant U.S. Attorney in continuing legal education seminars years of dedicated teaching at SMU Washington, where he prosecuted Dedman School of Law. Commenting on evidence and professional ethics both local and federal crimes. In topics. on the departure of the much- 1975, he enrolled at Harvard Law admired professor, Dean John B. School in pursuit of a Masters Degree Reflecting on his tenure with Attanasio said, “It will be difficult to in Law. Moss spent his first two years SMU, Moss says, “SMU is a very see Fred go. Throughout his career at Harvard as a Teaching Fellow, good place to work. My colleagues with the law school, he inspired and teaching in Harvard’s first year legal are wonderful; the setting is lovely; emboldened his students in their program and supervising students in the students are great.” He adds, pursuit of legal knowledge. He was the school’s Prison Clinic, receiving “I know that it would be hard to an integral part of our faculty and he his Masters Degree in 1977. His third ‘pull the plug’ and simply disappear will be missed.” year with Harvard he accepted an from this place. Thirty plus years of Originally from Washington, appointment as Lecturer in Law and coming to my office six days a week D.C., Moss received his under- created, administered, and taught is a habit that will be hard to break. graduate degree in history from in Harvard’s first Prosecution Clinic So, I’ll be around.” Georgetown University in 1965. He course. In 1978 Moss accepted a position as a law professor with SMU. Moss is also excited as he went on from there to Villanova Law anticipates his upcoming retirement, School in Pennsylvania where he was Moss’s time at SMU demon- however. He remarks, “At points on the Villanova Law Review. While strated his wide variety of skills and in our lives we turn the page in in law school, Moss clerked for the passions as well as his dedication our life’s book and there is a new U.S. Department of Justice’s Criminal to legal education. While at SMU, chapter. Retirement is a new chapter Division as a part of the school’s Moss taught lawyering, criminal in my life. I’m really looking forward honors program. Upon graduating in law, evidence, trial advocacy, to it.” 1968, he accepted a permanent posi- criminal procedure, and professional

T H E Q U A D 71 VISITING FACULTY

The Honorable PROFESSOR Dr. Dr. Deputy ChiEf RUDOLF DOLZER Justice Adel Distinguished Visiting Omar Sherif Professor of Law Charles J. and Inez Rudolf Dolzer is a Distinguished Wright Murray Visiting Visiting Professor & Director of Professor in Law the Institute for International Law at the University of Bonn in Bonn, Germany. Dr. Adel Omar Sherif has been the Deputy Chief Dolzer received his J.D. from the University of Justice of the Supreme Constitutional Court of Egypt Heidelberg and his LL.M. from Harvard, where he also since December 2002. He earned his LL.B. (1979), acquired an additional J.D. Before joining the faculty of Advanced Studies Diploma in Public Law(1980), the University of Bonn, Dolzer was a Professor of Law Advanced Studies Diploma in Administrative Law at the University of Heidelberg and at the University of (1981), and Ph.D. in Constitutional Law (1988) from Mannheim, where he served two years as Vice Rector. Cairo and Am Shams Universities in Egypt. After He spent six years as a member of the German Parlia- working in private practice for a short period of ment, and he was Director General at the Office of the time, he was appointed to the Egyptian judiciary, Federal Chancellor. commencing his judicial career at the Council He taught International Commercial Arbitration of the State, where he served in various judicial and Foreign Investment.

VISITING FACULTY positions between 1980 and 1992. In 1992, Justice Sherif moved to the Supreme Constitutional Court, Egypt’s Supreme Court, as Assistant Counselor for the Commissioners’ Body. He was promoted to full PROFESSOR Counselor in 1993 and was assigned Acting Head of the Commissioners’ Body that same year. In BERNHARD December 2002, he was promoted to the position GROSSFELD of Deputy Chief Justice. Justice Sherif was a Visiting Fellow at the International Human Rights Law Centre Distinguished of the College of Law, DePaul University, in Chicago Visiting Professor in 1992; the Human Rights Centre of the University of Essex from 1993-94; and the Federal Judicial Center Professor Grossfeld is Profes- in Washington, D.C. in 1996; and was a Visiting sor of Law at the Muenster University in Muenster, Professor at the Faculty of Law, McGill University Germany. At Muenster, he also serves as the Director of from 1998-99. He often represents the Egyptian the Institute for International Business Law, as well as judicial community in international conferences and the Director of the Institute for Cooperative Research. seminars and has already received many honors and Professor Grossfeld received his J.D. degree from awards at the international level. In addition, he has Muenster University and his Master of Law degree from served as the Rapporteur of a series of international Yale. He is recognized as one of the leading European human rights conferences known collectively as “The law scholars in Comparative and International Business Cairo Conference” and for two regional and inter- Law. Professor Grossfeld has previously taught as a national conferences on capacity building of judges visiting professor at SMU, Michigan, Texas, Chicago, on environmental law. He has written and published and NYU (where he is a permanent member of their widely on various legal aspects including human Global Law School Faculty). rights, constitutional issues, Islamic law, criminal law, and environmental law. Professor Grossfeld taught Comparative Law I and II. Justice Sherif taught Comparative Law II: Islamic Law.

72 SMU DEDMAN SCHOOL OF LAW VISITING FACULTY JUDGE DON BUSH JUDGE DAVID Visiting Professor C. GODBEY Visiting Professor The Honorable Don Bush was appointed United States Judge David C. Godbey was Magistrate Judge for the Eastern appointed to the Northern District of Texas in 2003. Judge District of Texas by President Bush earned his B.A. at Indiana George W. Bush in 2002. Prior University in 1968 and his J.D. to accepting this appointment, he served as Judge and LL.M. degrees from Southern Methodist University of the 160th District Court (Dallas) 1995-2002; and in 1976 and 1986, respectively. He was briefing attorney Dallas County Presiding Civil District Judge, 1988-99 for the Honorable Price Daniel, Sr., of the Texas Supreme (elected by civil district judges). Judge Godbey was Court from 1976-77. Board certified in Civil Trial Law by in private practice with the law firm of Hughes & the Texas Board of Legal Specialization, he was in private Luce, L.L.P., from 1983-94. He was a law clerk to practice from 1977 to 2003. Judge Bush has authored Hon. Irving L. Goldberg, United States Fifth Circuit numerous law review articles including: Rule169: An Court of Appeals, 1982-83. He graduated with a J.D. Overview, 44 Texas Bar Journal 1049 (1981); Piercing from Harvard Law School, magna cum laude, in 1982 the Homestead, The Trial of an Excess Value Case, where he served on the Harvard Law Review. He 34 Baylor Law Review 387 (1982); Limitation on Voire also holds a Bachelor of Science Degree from SMU Dire in Civil Cases, 45 Texas Bar Journal 1043 (1982); where he graduated magna cum laude in 1978. He is Anatomy of a Trial of a Warranty Case, 15 St. Mary’s a member of the American Board of Trial Advocates, Law Journal 57 (1983); Common Objections to the Dallas Chapter. He was Civil Jurist of the Year 1997. Form of Questions, 47 Texas Bar Journal 8 (1984); He is also a member of the American Law Institute Hearsay Under Texas Rules of Evidence, 37 Baylor and was appointed Temporary Justice, Texas Supreme

Law Review 945 (1985); and Annual Survey: Conflict of FACULTY VISITING Court, to hear In re TXU (2001). He has served as Laws, 41 Southwest Law Journal 383 (1988). a Commissioner with the National Conference of Judge Bush taught Trial Advocacy. Commissioners on Uniform State Laws (1999-2004) and has been involved in numerous other professional appointments and organizations. PROFESSOR Judge Godbey taught Ethical Dilemmas in Legal DAVID ELKINS Practice along with Judge Lynn. Visiting Professor JUDGE BARBARA

Dr. David Elkins is a Senior J. HOUSER Lecturer and Distinguished Teaching Fellow at the Visiting Professor Netanya College School of Law in Israel. He is the author of Taxation of Intel- The Honorable Barbara J. lectual Property: Patents, Copyright, Goodwill Houser is United States Bank- and Know-How and Taxation of Corporations and ruptcy Judge for the Northern Their Shareholders. He has also published numerous District of Texas. She received articles in leading Israeli and American law reviews her B.S. with honors in 1975 from the University of and professional journals, some dealing with subjects Nebraska. Upon graduation from Southern Methodist such as tax accounting and corporate taxation, others University School of Law in 1978, Judge Houser joined exploring the concepts of distributive justice and Locke, Purnell, Born, Laney & Neely in Dallas and then horizontal equity. Prior to his academic appointment, Sheinfeld, Maley & Kay, P.C., until she was sworn in Dr. Elkins served as Senior Assessor and as Senior as a United States Bankruptcy Judge in January 2000. Assistant to the Legal Advisor for the Israeli Tax Judge Houser lectures and publishes frequently on Authority. He received his LL.B. from the Hebrew corporate restructuring and insolvency law. She is a University of Jerusalem and his LL.M. as well as his past chairman of the Dallas Bar Association’s Commit- Ph.D. from the University of Bar Ilan. tee on Bankruptcy and Corporate Reorganization. She is a contributing author to Collier on Bankruptcy (15th Dr. Elkins taught Corporate Tax and Income Ed) and the Collier Bankruptcy Manual (3rd Ed). Taxation. Judge Houser taught Creditor’s Rights.

T H E Q U A D 73 VISITING FACULTY

JUDGE D. JUSTICE MICHAEL LYNN JOSEPH B. Visiting Professor MORRIS Visiting Professor The Honorable D. Michael Lynn is United States Bankruptcy Judge After graduating from for the Northern District Southern Methodist of Texas. Prior to his appointment to the bench, University School of Law in 1973, Justice Morris Judge Lynn was Of Counsel with Stutzman & began his private law practice in Dallas litigating Bromberg. He is co-author of Collier Handbook civil cases in state and federal courts. In 1987, he for Trustees and Debtors in Possession and became the Presiding Judge of the 101st District Creditors’ Rights Handbook (1995). He is a Court in Dallas. Five years later he joined the Fifth contributing author of Collier on Bankruptcy District Court of Appeals in Dallas as one of its and Collier Bankruptcy Practice Guide. Justices. He has served there since 1992. Judge Lynn taught Ethical Dilemmas in Legal Justice Morris has been a frequent lecturer Practice along with Judge Godbey. at continuing legal education seminars on topics involving trial and appellate procedure. He has previously been an adjunct professor teaching Texas Pre-Trial Procedure at Texas Wesleyan PROFESSOR University School of Law. Justice Morris is now BOE MARTIN serving on the Texas Commission on Judicial Conduct and has served twice as its chairman. Visiting Professor Justice Morris taught Texas Trial & Appellate Procedure. Boe W. Martin is a part-

VISITING FACULTY ner at Bell, Nunnally & Martin LLP. His areas of expertise are Bankruptcy CHIEF JUSTICE and Reorganization, Creditors’ Rights, Real LINDA THOMAS Estate, and Real Estate Finance. He has extensive experience in representing debtors and creditors Visiting Professor in Chapter 11 and other insolvency proceedings. In 2005 and 2006 Professor Martin was selected by Texas Monthly as a “Texas Super Lawyer.” The Honorable Linda He received his B.A. from Texas A&M University Thomas is Chief Justice of in 1962, his LL.B. from University of Texas in the Fifth District Court 1964, and his LL.M from George Washington of Appeals, the State’s University in 1970. Professor Martin has taught largest intermediate appellate court. Chief Justice Real Estate Transactions at the University of Thomas received her B.A. from University of Texas School of Law and at the University of Texas at Arlington and her J.D. from SMU. She Houston Law Center. He began teaching as an served eight years as a family court judge and adjunct professor at SMU Dedman School of Law has been on the appellate court since 1987. Chief in 1972. He has taught Payment Systems, Real Justice Thomas is Board Certified in Family Estate Development Law, Secured Transactions, Law and has been awarded the prestigious Sam Property, and Torts at the law school. Emison Award by the Texas Academy of Family Law Specialists for meritorious contributions to Professor Martin taught Secured Transac- family law. Chief Justice Thomas is a nationally- tions and Torts. recognized leader in legal and judicial education. Chief Justice Thomas taught Family Law.

74 SMU DEDMAN SCHOOL OF LAW Professor Yehiel MARTIN Camp Kaplan Publishes The Law Visiting Professor Firm Associate’s Guide to Connecting with Professor Yehiel Kaplan is a Your Colleagues senior lecturer at Haifa Univer- sity, Faculty of Law. He teaches In the spring of and writes about Jewish Law and 2009, Assistant Dean Family Law. Professor Kaplan earned his LL.B. Degree of Student Affairs in 1983 and his LL.M. Degree in 1985 at The Hebrew Martin Camp ‘79 pub- University of Jerusalem. He was a Visiting Scholar In lished The Law Firm Medieval Roman and Canon Law at the University of Associate’s Guide to California Law School at Berkeley from 1987 to 1988. Connecting with Your Professor Kaplan has taught a wide variety of courses Colleagues, which dealing with Jewish Law and Family Law at the Univer- he co-authored with sity of Haifa, the Hebrew University of Jerusalem and Communication Tel-Aviv University. He has published several articles, Consultant Barbara including most recently “The Power of Interpretation: Miller. It is the second Religious Scholars Elevate the Status of Female Guard- volume in the Law Firm Associate’s ians in Jewish Law,” which appeared in the Cardozo Development Series, published by the Journal of Law and Gender. American Bar Association, Law Practice Management Section. Designed as a Professor Yehiel Kaplan taught a course entitled

resource for first-year associates, the book FACULTY VISITING Introduction to Jewish Law. explains how to build career-furthering relationships. Camp explains, “It focuses on the importance of understanding the expectations of senior lawyers, coworkers and staff, and how to meet those expecta- THE Honorable tions effectively. It’s essential to develop Duan Xiaojing long term relationships with colleagues.” Visiting Scholar The book describes common obstacles and challenges first-year associates often face. Each chapter addresses questions The Honorable Duan Xiaojing asked by actual associates. It explains, for serves on the Supreme People’s example, when and how to say “no” to Court of the People’s Republic a partner’s request to work on a project, of China. Xiaojing came to SMU and what actions to take if (and when) an Dedman School of Law as a Visiting Scholar during the associate makes a big mistake. Taking the 2008-2009 academic year. During her ten-month stay appropriate tone in challenging situations beginning in October 2008, Xiaojing took a leave of is crucial to an associate’s career success. absence from her position as a judge in China in order to study and compare U.S. laws and court systems to Before returning to his alma mater the Chinese system. She focused particularly on how in 2005, Camp practiced law as a partner U.S. courts determine whether a matter should be tried with Jones Day for over 20 years. At Jones before a jury or to the bench. While here, she met with Day, Camp played an active role in associ- state and federal trial and appellate judges, observed ate recruitment and development. His trials, and attended classes at the law school taught book reflects the valuable, practical lessons by Professors Forrester, Nguyen, Hanna, and Norton. learned through his experience working Xiaojing was pleased with her experience as a Visiting with associates at one of the world’s Scholar at SMU Dedman School of Law, saying, “I would largest international law firms. like to thank Dean Attanasio again for his invitation so that I could have such an opportunity to experience and enjoy American society, culture and customs in an in-depth manner. This was really a memorable time for me.”

T H E Q U A D 75 FACULTY SCHOLARSHIP

Roy Anderson Maureen Armour John B. Attanasio Lackland H. Bloom, Jr. Senior Associate Dean for Co-Director of Civil Clinic Judge James Noel Dean and Professor of Law Academic Affairs and Vinson and Associate Professor of Professor of Law and William & Elkins Distinguished Law Hawley Atwell Chair Teaching Fellow and of Constitutional Law Professor of Law

Roy Anderson Presentations: Presentations: 2009 Lackland H. Bloom, Jr. Senior Associate Dean Commentator, Professor M. Commencement Address, Marist Professor of Law for Academic Affairs Poirier, “Visibility, Locality, School, (Atlanta, GA (May, 2009)); and Vinson & Elkins Identity: Citizenship and the “Graduate Legal Education in the Presentations: “The Distinguished Teaching Same Sex Couple,” Colloquium on United States,” Chulalongkorn Supreme Court and the Law & Citizenship Forum, SMU University, (Bangkok, Thailand, Establishment Clause,” American Fellow and Professor Dedman School of Law, (Dallas, (May, 2009)); “The Global Financial of Law Jewish Congress, Dallas Chapter, TX, (October, 2008)); “Integrating Crisis: An Academic Research (Dallas, TX, (May, 2008)); the Literature on Leadership and Agenda,” to China Life Asset Moderator, Panel on “Second Annual Publications: Decision Making in Complex Management Company, (Beijing, Life, Avatars & Social Networks:

FACULTY SCHOLARSHIP Supplement to DAMAGES UNDER Organizations and Public Arenas China, (March, 2009)); AT&T 2009 Opportunities and Liabilities,” THE UNIFORM COMMERCIAL into the Clinical Curriculum,” Legal Conference, (Dallas, TX, Symposium on Emerging CODE (2008); TEXAS UNIFORM AALS Conference on Clinical (January, 2009)); and the Beijing Intellectual Property Issues, SMU COMMERCIAL CODE ANNOTATED Legal Education, (Cleveland, OH, Private Equity Exchange, (Beijing, Dedman School of Law, (Dallas, TX, (with Bartlett & East (2008 revi- (May, 2009)); “Teaching Gender China, (December, 2008)); “U.S. (March, 2008)). sion)). Inequality in Law Schools: Age, Constitutional Law,” University of Rage and Narrative in an Era Padjadjaran, (Bandung, Indonesia, Presentations: “Texas State of Civility,” Law and Society (March, 2009)); Coordinator, Bar Committee’s Bill Analysis of the Conference, (Denver, CO, (May, “Justice For All: Perceptions Proposed Amendments to Articles 2 2009)). of Racial and Ethnic Bias in our Alan Bromberg and 2A of the Uniform Commercial Courts,” Co-sponsored by the University Distinguished Code” to the Texas Legislature’s ABA Judicial Division, (Dallas, TX, Professor of Law Business Law Committee, (May, (April, 2009); Guest on CCTV-9 2008); “Proposed Amendments “Dialogue” on the current finan- 2008-A (May to Articles 2 and 2A of the Uniform John Attanasio cial crisis, its roots and solu- Publications: 2008) & 2008-B (November, 2008) Commercial Code;” 31st Annual Judge James Noel Dean tions, (Beijing, China, (December Supplements to BROMBERG & Securities Regulation and Business 2008)); Moderator, “Supreme and Professor of Law LOWENFELS ON SECURITIES Law Symposium, University of Court Review,” Appellate Judges And William Hawley Atwell FRAUD AND COMMODITIES Texas School of Law, (Austin, TX, Education Institute Conference Chair of Constitutional Law FRAUD (with Lowenfels); 2008-1 (February, 2009)). (Phoenix, AZ, (November, (December, 2007), 2008-2 (August, 2008)); “Five Themes of America Publications: 2008) & 2009-1 (December, 2008) Constitutional Law” to Ministry CONSTITUTIONAL LAW Supplements to BROMBERG & of Defense, (Bandar Seri Begawan, TEACHER’S MANUAL (with RIBSTEIN ON PARTNERSHIP (with Brunei, (June, 2008)); Thammasat N. Redlich & J. Goldstein) Ribstein). University (Bangkok, Thailand, Maureen Armour (Lexis-Nexis, 2009); 2008 (June, 2008)) and Chulalongkorn Co-Director of Civil Clinic, Supplements to CONSTITUTIONAL University, (Bangkok, Thailand Awards: Woodrow Wilson High Associate Professor of Law LAW & UNDERSTANDING (June, 2008)). School Hall of Fame, Dallas, TX, CONSTITUTIONAL LAW (with N. (April, 2009). Publications: Pragmatic and Redlich & J. Goldstein) (Lexis- Distinguished Democratic: The Honorable Judge Nexis, 2008) Awards: Alumnus Award, Marist School, Harold Barefoot Sanders, ___ Smu Atlanta, GA, (May 2009). L. Rev. ___ (forthcoming 2009).

76 SMU DEDMAN SCHOOL OF LAW FACULTY SCHOLARSHIP

Alan Bromberg Anthony Colangelo Nathan Cortez Gregory Crespi University Distinguished Assistant Professor of Law Assistant Professor of Law Professor of Law Professor of Law

Anthony J. Colangelo Constitution Society, (Dallas, TX, Presentations: “A Blueprint Publications: TEXAS FACULTY SCHOLARSHIP FACULTY Assistant Professor of Law (November, 2008)); “De Facto for U. S. Immigration Reform,” LITIGATION GUIDE, 26 Volumes Sovereignty: Boumediene and Dream Act Symposium, (April, (Matthew Bender 1977-2008) Beyond,” Law and Citizenship Publications: “De Facto 2009); “Is Chevron Out of Gas? (Treatise and Practice Guide). Colloquium, SMU Dedman School Sovereignty”: Boumediene and Current Trends in Administrative Releases 88-91 (Lexis-Nexis, of Law, (Dallas, TX, (November, Law,” Appellate Judges Education February, 2008 – November, Beyond, 77 Geo. Wash. L. Rev. 2008)); “Double Jeopardy Institute, (Phoenix, AZ, (November, 2008); TEXAS CIVIL PROCEDURE: ___ (forthcoming 2009); Universal and Multiple Sovereigns: A 2008)); “The Local Dilemma: PRETRIAL LITIGATION (with Jurisdiction as an International Jurisdictional Theory,” Stanford/ Preemption and the Role of Federal Crump, Carlson and Thornburg) “False Conflict” of Laws, 30 Yale Junior Faculty, Yale Law Standards in State and Local (Lexis-Nexis 2008-2009 edition); Mich. J. Int’l. L. ___ (forth- School, (New Haven, CT, June, Immigration Laws,” LatCrit XIII, TEXAS CIVIL PROCEDURE: TRIAL coming 2009) (Invited symposium 2008)); Panel Moderator and Representation and Republican AND APPELLATE PRACTICE (with contribution); Remarks on the Co-Organizer, Conference on The Governance: Critical Interrogation Crump, Carlson and Thornburg) Supreme Court’s Role After 9/11: Rise of Transnational Networks of Electoral Systems and the (Lexis-Nexis 2008-2009 edition); Continuing the Legal Conversation at SMU Dedman School of Law. Exercise of the Franchise, Seattle The Enigma of Standing Doctrine in the War on Terror, 61 Smu Moderated panel on “Transnational University School of Law, (Seattle, in Texas Courts, 28 Rev. Of L. Rev. ___(forthcoming 2009) Networks in Criminal Law,” WA (October, 2008)). Litig. 35 (Fall 2008). (invited contribution). (Dallas, TX (November, 2008)). Presentations: Moderated Presentations: Awards: J.S.D., Columbia Panel and Presented “Everything “International Human Rights and University, May, 2009. Thesis: but the Argument: the Oft- Universality,” 2009 State Bar of Greg Crespi “A Jurisdictional Theory of Neglected Parts of the Appellate Texas International Law Section, Sovereignty.” Professor of Law Brief,” at the Appellate Judges 21st Annual Institute, (March, Education Institute Summit, 2009); “Universal Jurisdiction as Publications: Incorporating (Phoenix, Arizona, (November, an International ‘False Conflict’ Endogenous Preferences in Cost- 2008)). Law,” University of Michigan Law Benefit Analysis, 17 Pa. St. Env. School, Symposium, Michigan Nathan Cortez L. Rev. 157 (2009); The Fatal Journal of International Law, (Ann Flaw of Cost-Benefit Analysis: Arbor, Michigan, (February, 2009)); Assistant Professor of Law The Problem of Person-Altering “Universal Jurisdiction and Double Linda Eads Jeopardy,” Global Law Forum: Publications: International Consequences, 38 Env. L. Rep. Associate Professor of Law Ending Impunity or Decreasing Health Care Convergence: The 10703 (October, 2008). Accountability? (London, England, Benefits and Burdens of Market- (November, 2008)); “International Driven Standardization, 26 Presentations: Participant, Law, Extraterritoriality, and Wis. Int’l. L.J. 646 (2009); Supreme Court of Texas, “Proposed the U.S. Courts,” International Recalibrating the Legal Risks of Changes to the Texas Disciplinary Law Association, (New York, NY, Cross-Border Health Care, Yale William V. Dorsaneo, III Rules of Professional Conduct,” Chief Justice John and Lena February-June, 2008; Lecturer, (October, 2008)); “Remarks on J. Health Pol’y, L. & Ethics Evidence, BARBRI in Georgia (June the Supreme Court’s Role After (forthcoming). Hickman Distinguished 9/11,” SMU Dedman School of Faculty Fellow and Professor 2008)); SMU Dedman School of Law Chapter of the American of Law Law Representative, 2008 Annual Evidence Summit, Texas Center

T H E Q U A D 77 FACULTY SCHOLARSHIP

William V. Dorsaneo III Linda S. Eads David Epstein Julia P. Forrester Chief Justice John and Lena Associate Professor of Law Professor of Law Professor of Law Hickman Distinguished Faculty Fellow & Professor of Law

for the Judiciary (Austin, TX (March, 2008)); Practising Law Jeffrey M. Gaba 2008)); Taught “Income Taxation (June, 2008)); “Ethical Issues in Institute, (New York, NY, (April, Professor of Law of Individuals, Corporations and Tax Representation,” University 2008)); Maryland Bar, (Annapolis, Partnerships” at the University of Texas Advanced Tax Seminar, MD, (May, 2008)); Northern of Tokyo School of Law summer Publications: (Austin, TX, (August, 2008)); Virginia Bar, (Alexandria, VA, session, (Tokyo, Japan, (Summer, ENVIRONMENTAL LAW, (West “Ethical Issues in Solo and Small (May, 2008)); Tenth Circuit Frank 2008)); “The Intersection of Black Letter Series, 4th Ed. Practices,” Dallas Bar Association, Koger Memorial Lecture, (Kansas Tax and Financial Accounting,” 2008); 2008 Edition, GABA’S (Dallas, TX, November, 2008)); City, MO, (May, 2008)); New York 32nd Comparative Law and TEXAS ENVIRONMENTAL LAW Panelist, “Women & Negotiation,” University Bankruptcy Workshop, Politics Symposium hosted by the STATUTES ANNOTATED (West); JAMS Resolution Center, (New York, NY, (September, 2008)); University of Tokyo Graduate

FACULTY SCHOLARSHIP 19th Update, THE LAW OF SOLID (November, 2008); “Duties to American College of Bankruptcy, School of Law and Politics, (Tokyo, WASTE, POLLUTION PREVENTION Others When Your Client Does (Phoenix, AZ, (September, 2008)); Japan, (August, 2008)). AND RECYCLING (West Group); Not Tell the Truth,” Dallas Bar Virginia Bar, (Charlottesville, VA, Rethinking Recycling, 38 Envt. L. Association, (Dallas, TX, (December (October, 2008)); Inns of Court, Appointments: Council of 1053 (2009). 2008)). (Dallas, TX, (November, 2008)); the State Bar of Texas Tax Section. Practising Law Institute, (San Awards: Named by Texas Francisco, CA, (December, 2008)); Lawyer’s magazine as one of 30 Practising Law Institute, (New “Extraordinary Women in Texas York, NY, (December 2008)). Law” for having an impact on law Christopher H. Hanna Larry Jones and lawyering in Texas within the Altshuler University Director, Tax Clinic past five years (September, 2008); Distinguished Teaching Lola Wright Foundation Award Professor and Professor Publications: We’ve Come from the Texas Bar Foundation in Julia P. Forrester of Law a Long Way – Where Do We Go recognition for outstanding public Professor of Law Now?, April - May 2009, service in advancing and enhancing J. Tax CORPORATE legal ethics in Texas (June, 2009). Publications: Prac. & Proc.; Off to Court We Presentations: ”Absolute INCOME TAX ACCOUNTING, Go, December, 2008 – January, Assignment of Rents,” Mortgage SECOND EDITION (coauthored) 2009, J. Tax Prac. & Proc.; Lending Institute, (Austin & Dallas, (Warren Gorham & Lamont, 2008); Substantiate or Negotiate, TX, (September, 2008)). Taxation of Supernormal Returns, August - September, 2008, J. Tax The Tax Lawyer, (Fall, 2009) David Epstein Prac. & Proc.; Challenge the (with D. Elkins). Professor of Law IRS – A “How To” Manual on Tax Controversies, June – July, 2008, Presentations: “Hot Issues 2008-2009 J. Tax Prac. & Proc.; Fire the Publications: in Corporate Tax Accounting,” STUDENTS’ GUIDE TO ARTICLE Client – Save the Practitioner, sponsored by Alliance for Tax, 9 AND RELATED STATUTES (West April – May, 2008, J. Tax Prac. Legal and Accounting Seminars 2009); 2008-2009 BANKRUPTCY (ATLAS) (Dallas, TX, (May, 2008)); & Proc. CODE AND RELATED MATERIALS “Enron: How to Report Profits and FOR LAW STUDENTS (West 2009). Pay No Taxes,” to Chulalongkorn Presentations: South Texas University & Siam University, College of Law, (Houston, TX, (Bangkok, Thailand, (June,

78 SMU DEDMAN SCHOOL OF LAW FACULTY SCHOLARSHIP

Jeffrey M. Gaba Christopher H. Hanna Larry Jones Jeffrey D. Kahn Professor of Law Altshuler Distinguished Director, Tax Clinic Assistant Professor of Law Teaching Professor and Professor of Law

Presentations: “Dealing Constitutional Court Minnesota, (October, 2008)); TX, (February, 2008)); Judge, FACULTY SCHOLARSHIP FACULTY With the IRS in the Practical in Russian Politics, 1990- “International Travel and the Regional Finals of the European World,” Tax Alliance Conference, 2006 (Cambridge University Press, Constitution,” Villanova School Law Moot Court Competition, SMU Capital of Texas Enrolled Agents 2008) in 67 Slavic Review of Law, (Villanova, Pennsylvania, Dedman School of Law, (Dallas, TX, (2008 & 2009); “New Section (forthcoming 2009); International (October, 2008)); Commentator, (February, 2008)); Guest Lecturer, 6694 Preparer Regulations – Are Travel and the Constitution, 30 “Engendering Culture: Citizenship, “Corruption and Economic You Protected?,” TSCPA’s Austin Aba National Security Law Identity, and Belonging,” by Leti Development,” Harriman Institute, Chapter 2008 Tax Conference; 27th Volpp, Colloquium on Law and School of International and Public Report 13 (November/December, Annual Advanced Tax Law Course Citizenship, SMU Dedman School Affairs (SIPA), Columbia University, 2008); Review of William Burnham, – Tax Section, State Bar of Texas, of Law, (Dallas, TX, (October, (New York, NY, (March, 2008)); P.B. Maggs, & G.M. Danilenko, LAW (Dallas, TX). 2008)); “Zoya’s Standing Problem, “Participatory Rights: An Emerging & LEGAL SYSTEM OF THE RUSSIAN or, When Should the Constitution Regional Custom in Africa,” XXIII FEDERATION (3d ed., Juris, 2004), Follow the Flag?” Williamette Socialist International Congress, in 33 Rev. Of Central & E. University College of Law, (Salem, (Athens, Greece, (July, 2008)). Eur. Law 239 (2008); Review of OR, (April, 2009)). Jeffrey Kahn Peter Söderlund, THE DYNAMICS Appointments: University Assistant Professor of Law OF FEDERALISM IN RUSSIA: Appointments: Colin Powell Distinguished Professor, Southern A STUDY OF FORMAL AND Fellow, John Goodwin Tower Center Methodist University, (Dallas, TX, INFORMAL POWER RESOURCES Publications: for Political Studies. (April, 2009)). OF THE REGIONAL CHIEF INTERNATIONAL TRAVEL, EXECUTIVES IN RUSSIAN CENTRE- NATIONAL SECURITY, AND THE REGION RELATIONS (Åbo Akademi CONSTITUTION IN WAR AND PEACE (University of Michigan Univ. Press, 2006), in 60 Europe- Press) (forthcoming 2009); Asia Studies 700 (2008). Ndiva Kofele-Kale Adversarial Principles and the University Distinguished Case File in Russian Criminal Presentations: “The Professor of Law Procedure, in THE COUNCIL OF Unification of Law in the Russian EUROPE AND RUSSIA (Katlijn Federation,” for the “National Publications: Participatory Malfliet & Ria Laenen eds., 2009) Unification of Laws in Federal Rights in Africa: A Brief Overview (forthcoming); Concluding Systems” (General Reporters, of an Emerging Regional Custom, Remarks in FEDERALISM AND Mathias Reimann & Daniel 55 NETHERLANDS Int’l. L. Rev. REGIONALISM IN RUSSIA: Halberstam), Thematic Congress 233 (August 2008). DISCOVERING LINKS WITH of the International Academy of Comparative Law, (Mexico City, THE EUROPEAN EXPERIENCE Presentations: “Apologies Mexico, (November, 2008)); “The (Katlijn Malfliet, Elena Albina and Reparations in International Rule of Law in Russia,” University and Viktoriva Khasson, eds., Human Rights Law,” Commentary of Oklahoma, Presidential Dream Leuven University Press, 2009); on Professor Al Brophy’s pre- Course Program, (Norman, The Rule-of-Law Factor, in sentation: “Considering William Oklahoma, (November, 2008)); FESTSCHRIFT IN HONOR OF and Mary’s History with Slavery: “International Travel, National ARCHIE BROWN, (WilliamTompson The Case of President Thomas Security, and the Constitution & Julie Newton, eds., Palgrave/ Roderick Dew,” Colloquium in War and Peace,” University of Macmillan, 2009); Review of Alexei on Law and Citizenship, SMU Minnesota Law School Works-in- Trochev, Judging Russia: Dedman School of Law, (Dallas, Progress Forum, (Minneapolis,

T H E Q U A D 79 FACULTY SCHOLARSHIP

Ndiva Kofele-Kale D. AARON LACY John Lowe Professor of Law, University Associate Professor of Law Henry J. Lischer, Jr. George W. Hutchison Distinguished Professor Professor of Law Professor of Energy Law

D. Aaron Lacy Legal Scholarship Conference, John S. Lowe Commercial Law Development Associate Professor of Law Temple University School of Law, George W. Hutchison Program, U.S. Dept. of Commerce. (Philadelphia, Pennsylvania, Professor of Energy Law (January, 2009)); “Hair Today, Publications: The Most Gone Tomorrow: Conforming for Endangered Title VII Plaintiff?: Publications: 2009 Hire,” Mid-Atlantic People of Color Exponential Discrimination Cumulative Pocket Parts, KUNTZ, Legal Scholarship Conference, Against African-American Males, LAW OF OIL AND GAS (with George A. Martinez University of Maryland School 86 Neb. L. Rev. 552 (2008); Anderson, Smith & Pierce); OIL Professor of Law of Law, (Baltimore, Maryland,

FACULTY SCHOLARSHIP Hair Today, Gone Tomorrow: AND GAS LAW FORMS MANUAL (January, 2008)). Conforming for Hire, ___ U. Miami (5TH ED. WEST 2008) (with Publications: The Legal L. Rev. ___ , (Miami, FL, (forth- Anderson, Smith and Pierce). Construction of Race: Mexican coming January, 2010)). Americans and Whiteness, in Presentations: Presented LATINOS AND THE LAW: CASES AND MATERIALS 133 (Richard Presentations: Panelist, Henry J. Lischer, Jr. a one-week short course on Delgado, Juan Perea & Jean “Prosecutorial Discretion” and “International Oil and Gas Professor of Law Stefancic eds., Thomson/West, Planning Committee Member, Contracts” at the University of 2008); Legal Indeterminacy, “Justice for All: Perceptions of Dundee, (Scotland, (June, 2008)); Publications: 2008 Annual Judicial Discretion and The Racial and Ethnic Bias in Our Presented a one-week course Supplement to WEST’S TEXAS Mexican-American Litigation Courts” Co-sponsored by the on “International Oil and Gas FORMS; Estate Planning, Volumes Experience: 1930-1980, in ABA Judicial Division, SMU Transactions” at the University 11, 11A, 11B, 11C, and 11D (3d ed. LATINOS AND THE LAW: CASES Dedman School of Law, (Dallas, of Melbourne, (Australia, (May, 2004) (with A.E. Nakos); 2008 AND MATERIALS 137 (Richard TX, (April 2009)); “Represent: 2008)); Presented a one-week Annual Supplement to WEST’S Delgado, Juan Perea & Jean The NFL and NBA’s Reaction to course on “International Oil and LEGAL FORMS; Estate Planning, Stefancic eds., Thomson/West, the Infiltration of the Hip Hop Gas Transactions” at the ESAN Volumes 16, 16A, 17, 17A, and 18 2008); Discrimination By Proxy: Culture with its Players and its University, (Lima, Peru, (October, (4th ed. 2005) (with D.J. Malouf The Case of Preposition 227 and Effect on the Employment of the 2008)); “Operator Liability, and A.E. Nakos). The Ban on Bilingual Education, Black Male Athlete,” Southeast/ Removal and Succession,” Rocky in LATINOS AND THE LAW: CASES Southwest People of Color Mountain Mineral Law Fnd. Special Presentations: “Current AND MATERIALS 254 (with Kevin Legal Scholarship Conference, Inst. On Operating Agreements, Developments in Estate Planning,” R. Johnson) (Richard Delgado, Phoenix Law School, (Phoenix, (Denver, CO, (March, 2008)); Dallas CPA Society, 4th Annual Juan Perea & Jean Stefancic eds., AZ, (March, 2009)); “Represent: “U.S. Energy Policy and Canada,” Free CPE Conference, (Dallas, Thomson/West, 2008). The NFL and NBA’s Reaction to Fulbright program lectures in TX, (May, 2008)); “Recent Edmonton and Calgary, (Alberta, the Infiltration of the Hip Hop Developments in Professional Culture with its Players and its Canada, (November, 2008)). Presentations: Panelist, Responsibility in Tax Practice,” “Prosecutorial Discretion” and Effect on the Employment of the Dallas Bar Association, Tax Section, Appointments: Fulbright Planning Committee Member, Black Male Athlete,” The Effect (Dallas, TX, (April, 2008)); “Tax Scholar and Visiting Borden Ladner “Justice for All: Perceptions of of Hip Hop on Law and Culture, Return Preparer Update,” State Gervais LLP Chair of Energy Law Racial and Ethnic Bias in Our West Virginia University College of Bar of Texas, Advanced Tax Law and Policy, University of Alberta, Courts,” Co-sponsored by the ABA Law, (Morgantown, West Virginia, Course, (August, 2008). (February, 2009)); “Hair Today, Edmonton, Alberta, Canada, (Fall, Judicial Division, SMU Dedman Gone Tomorrow: Conforming for 2008); International Legal Advisor, School of Law, (Dallas, TX, (April, Hire,” Mid-Atlantic People of Color 2009)).

80 SMU DEDMAN SCHOOL OF LAW FACULTY SCHOLARSHIP

George Martinez Thomas Mayo Joseph W. McKnight Frederick C. Moss Professor of Law Associate Professor of Law Larry and Jane Harlan Associate Professor of Law Faculty Fellow and Professor of Law

Thomas W. Mayo Awards: President’s Associates Frederick C. Moss (BNA 2008) (with Gomulkiewicz FACULTY SCHOLARSHIP FACULTY Associate Professor of Law Outstanding Faculty Award Associate Professor of Law & Conway-Jones); 2008 (January, 2008). Supplement to INTELLECTUAL PROPERTY TAXATION (BNA 2008) Publications: Bioethics, in Presentations: “Admitting (with Maine); Selling It First, HEALTH LAW PRACTICE GUIDE E-Evidence at Trial,” Annual Stealing It Later: The Trouble (Gosfield et al., eds., 2d. ed. 2009); Municipal Prosecutors Conference, with Trademarks in Corporate The Baby Doe Rule and Texas’ Texas Municipal Courts Education Joseph McKnight Transactions in Bankruptcy, 44 ‘Futility Law’ in the NICU, 26 Ga. Center, (Dallas, TX, (March, Larry and Jane Harlan Gonz. L. Rev. 1 (2008) (Lead St. U. L. Rev. ___ (forthcoming 2009)); Conducted workshop for Article) (Invited Symposium Issue 2009); Three Ways of Looking at a Faculty Fellow and trial instructors, University of on INTELLECTUAL PROPERTY Health Law and Literature Class, Professor of Law Houston Law Center, (Houston, TX, (Fall, 2008)); SMU Dedman AND BANKRUPTCY); Acquiring 1 Drexel L. Rev. 512 (2009). Innovation, 57 AM. U. L. REV. Publications: Survey: School of Law Representative, 2008 Annual Evidence Summit, Texas 775 (2008) (Lead Article) (with Presentations: “Death & Family Law: Husband and Wife, Center for the Judiciary, (Austin, Jeff Maine); The Other Famous Dying: Ethics & Law,” Leadership Annual Survey of Texas Law,___ TX (June, 2008)). Marks Doctrine, 17 Transnat’l Dallas, Dallas Chamber of Smu L. Rev. ___ (forthcoming L. And Contemp. Probs. J. Commerce, (Dallas, TX, (March, 2009). 2008 Robert E. (2008) (Invited symposium Issue 2009)); “Futile Care Debate and Awards: Oliphant Award for Service to on TRADEMARK DILUTION). Baby Doe: Resolving Difficult the National Institute for Trail Cases When Further Treatment Advocacy (NITA). May be Considered Futile,” “The 25th Anniversary of the Baby Doe Charles J. Morris Rule Perspectives from the Fields Professor Emeritus of Law of Law, Health Care, Ethics and Disability Policy,” Georgia State Publications: The Law Review Symposium, (Atlanta, Congressional Policy of the Xuan Thao Nguyen GA, (February, 2009)); “Ethical National Labor Relations Act: Professor of Law and Legal Aspects of End-of-Life Revisionism Exposed, Decision-making,” American Lab. L. J. (2009). Publications: Health Lawyers Association, INTELLECTUAL PROPERTY AND Annual Hospitals and Health Presentations: “How an INFORMATION LICENSING: Systems Program, (Phoenix, American Industrialist Helped THEORIES AND PRACTICE AZ, (February, 2009)); “Medical Unions Organize and its Message (Aspen Publishers 2008) (with Futility in Texas After the Shiavo for Today,” Labor and Employee Gomulkiewicz & Conway- Case,” Department of Pediatric Relations Association, San Diego Jones); Teacher(’s) Manual, Hematology-Oncology Grand Chapter (San Diego, CA, (March, INTELLECTUAL PROPERTY AND Rounds, Children’s Medical Center, 2009)). INFORMATION LICENSING: (Dallas, TX, (January, 2008)); “The THEORIES AND PRACTICE Future of End-of-Live Decision- (2008) (with Gomulkiewicz & making in Texas,” Department Conway-Jones); 2008 Supplement of Urology Grand Rounds, UT to INTELLECTUAL PROPERTY, Southwestern Medical Center, SOFTWARE AND INFORMATION (Dallas, TX, (January, 2008)). LICENSING: LAW AND PRACTICE

T H E Q U A D 81 FACULTY SCHOLARSHIP

Xuan-Thao Nguyen Joseph Norton Ellen SMITH Pryor C. Paul Rogers III Professor of Law James L. Walsh Distinguished Associate Provost for Professor of Law and Faculty Fellow in Financial Honors and International Former Dean of the Law Institutions and Professor Programs and Homer R. School of Law Mitchell Professor of Law and University Distinguished Teaching Professor

Presentations: “Corporate Joseph Norton Ellen Smith Pryor Daniel W. Shuman Transactions and Intellectual James L. Walsh Associate Provost and M. D. Anderson Foundation Property,” Shanghai University Distinguished Faculty Fellow University Distinguished Endowed Professor of of Finance and Economics in Financial Institutions And Teacher Professor, Health Law School of Law, (Shanghai, China, Professor of Law Homer R. Mitchell Endowed (December, 2008)); “The Death Publications: Without of Perpetual, Exclusive and Professor of Insurance and Multinational Thinking: Impulsive Aggression Royalty-Free Intellectual Property Publications: Commercial Law Companies: of Institutional and Criminal Responsibility, Licenses?” Vanderbilt School FACULTY SCHOLARSHIP Spheres of Influence, Corporate of Law Symposium on Law and Publications: Part of the Behav. Sci. Law 26: 723 Social Responsibility and Business, (Nashville, TN, (October, Whole: Tort Law’s Compensatory (2008); Spanish Translations Meaningful Financial Sector Law 2008)); “Justice Scalia’s Renegade Failures Through a Wider Lens, of Miranda Warnings and the Reform for Developing Countries, Jurisdiction,” Tulane Law School 27 Rev. Lit. 307 (2008). Totality of the Circumstances, 33 Intellectual Property Conference, Eur. Bus. L. Rev. (forthcoming Law and Human Behavior (New Orleans, LA, (October, 2009); Comment on Transnational Appointments: Coordinating 61 (2009) (coauthored); The 2008)); “Intellectual Property Networks in International Reporter for the Restatement Comprehensibility and Content Litigation in China: An Empirical Financial Regulation, 43 Int’L (Third) Torts. of Juvenile Miranda Warnings, 14 Study,” Center for American and Law 1 (2009). Pyschology, Public Policy, International Law’s Intellectual and Law 63 (2008) (coauthored); Property Annual Conference, Presentations: “Reflections Miranda Rights and Wrongs: (Plano, Texas, (November, 2008)); on the Evolvement of Transnational Myths, Methods and Model “Selling It First, Stealing It Back Networks in the Financial Sector C. Paul Rogers, III Solutions, 23 Criminal Justice Later: Trademarks in Corporate Area: From the Basel Concordat to Professor of Law and Former 5 (2008) (coauthored). Transaction(s),” Stanford Law Bretton Wood II,” SMU Dedman Dean of the Law School School Intellectual Property School of Law Conference on “The Presentations: Panelist, Scholars Conference, (Palo Alto, Rise of Transnational Networks,” Publications: The Antitrust “Decisionmaker Bias” and Planning CA, (August, 2008)). (Dallas, TX, (November, 2008)). Legacy of Justice William O. Committee Member, “Justice Douglas, Clev. St. L. Rev., for All: Perceptions of Racial Fulbright Scholar, Awards: (forthcoming 2009); Group and Ethnic Bias in our Courts,” Vietnam National University Boycotts and Consumer Welfare, Co-sponsored by the ABA Judicial Faculty of Law, Hanoi, Vietnam, Smu L. Rev. (forthcoming); THE Division, SMU Dedman School of (Spring, 2009). MEN IN MY LIFE: 65 YEARS IN Law, (Dallas, TX, (April, 2009); “‘I BASEBALL, (with Eddie Robinson) Confess!’: New Research on Police (forthcoming 2009). Interrogation Law and Practice,” American Bar Association Annual Meeting, (New York, NY, (August, 2008)); “Forensic Evaluation vs. Therapeutic Relationship,” plenary address, Texas Association Judges Annual Meeting, (Austin, TX, (July, 2008)).

82 SMU DEDMAN SCHOOL OF LAW FACULTY SCHOLARSHIP

Daniel W. Shuman Mary Spector Marc I. Steinberg Joshua C. Tate M.D. Anderson Foundation Associate Professor of Senior Associate Dean for Assistant Professor of Law Endowed Professor of Law and Co-Director of Research and Rupert and Health Law Civil Clinic and the Lillian Radford Professor Consumer Law Project of Law

Mary Spector Marc I. Steinberg Joshua C. Tate Awards: Ph.D. in History, Yale FACULTY SCHOLARSHIP FACULTY Co-Director of Civil Clinic, Senior Associate Dean Assistant Professor of Law University, (May, 2009). Thesis: Director of Consumer Law for Research and Rupert Advowson Law and Litigation in the Project,And Associate and Lillian Radford Professor Publications: Marilyn English Royal Courts, 1154-1250. Professor of Law of Law Monroe’s Legacy: Taxation of Postmortem Publicity Rights, Presentations: “Collecting Publications: INSIDER 118 Yale L. J. Pocket Part and Litigating Consumer Debts: TRADING (Oxford University 38 (2008), http://thepocket- Elizabeth C. A Consumer’s Perspective,” Press) (3rd ed. forthcoming); part.org/2008/09/08/tate.html; Center for Dispute Resolution & UNDERSTANDING SECURITIES Inheritance Rights of Nonmarital Thornburg Conflict Management, Southern LAW (LexisNexis) (5th ed., 2008); Children in Late Roman Law, 4 Professor of Law Methodist University, (Plano, SECURITIES REGULATION Roman Legal Tradition I TX, (September, 2008)); Panelist, (LexisNexis) (5th ed., 2008) (2008) (lead article); Christianity Publications: TEXAS “Avoiding a Promotion Commotion: (and Professor’s Manual); and the Legal Status of Abandoned CIVIL PROCEDURE: TRIAL AND Prizes, Free Offers and Unsolicited BUSINESS ENTERPRISES: LEGAL Children in the Later Roman APPELLATE PRACTICE 2008- Faxes and the Telemarketing Sales STRUCTURES, GOVERNANCE AND Empire, 24 J.L. & Religion 09 (with Dorsaneo, Crump, and Rule,” at a conference on “Green POLICY (LexisNexis) (coauthored) (2008). Carlson); Jury Instructions: A Lights and Red Flags: FTC/BBB (2008) (and Professor’s Manual); Persistent Failure to Communicate, in COURTS AND JUSTICE: A Rules of the Road for Advertisers,” SECURITIES REGULATION: Presentations: “New Voices READER (WAVELAND PRESS Federal Trade Commission, (Dallas, LIABILITIES AND REMEDIES (Law in Trusts and Estates,” Section on 2008) (G. Larry Mays and Peter TX, (May, 2008)); “Teaching Journal Press) (2007) (and 2007, Donative Transfers, Fiduciaries, and R. Gregware, eds.); The Curious Consumer Law: Consumer Law or 2008 Supplements) (Releases 45 & Estate Planning, Annual Meeting Appellate Judge: Ethical Limits Consumer Protection?,” at a con- 46); ATTORNEY LIABILITY AFTER of the Association of American ference on “Teaching Consumer SARBANES – OXLEY (Law Journal Law Schools, (San Diego, CA, on Independent Research 28 Rev. Law,” University of Houston, Press) (2005), 2008 Supplement; (January, 2009)); “Caregiving Lit. 133 (2008). (Houston, TX, (May, 2008)). SECURITIES REGULATION (5th and the Case for Testamentary Appointments: 2009 Bellow ed., LexisNexis) (2008) (Release Freedom” SMU Dedman School of Presentations: “Think before Scholar, AALS Section on Clinical 3), 2008 Supplement; INSIDER Law Faculty Forum, (Dallas, TX, You Google: Ethical Limits on Education, for her project “The TRADING (Practicing Law Institute) (September 2008)); “Property, Judicial Research,” Appellate Judges Impact of Debt Collection Litigation (2d ed., 2005) (coauthored), Legal Transplants, and the Birth Education Institute, (Phoenix, on Consumers and the Courts.” 2008 Supplement; SECURITIES of the Common Law,” Dallas AZ, (November, 2008)); “Judicial PRACTICE: FEDERAL AND Bar Association, Legal History Research and the Intersection of STATE ENFORCEMENT (West) Discussion Group, (Dallas, TX, Ethics and Evidence Law,” Faculty (2d ed., 2001) (coauthored) 2009 (December, 2008)). Forum, Texas Wesleyan School of Supplements; Disney Goes Goofy: Law, (Fort Worth, TX, (September, Agency, Delegation, and Corporate 2008)); Governance, 60 Hastings L. J. ___ (forthcoming); Examining the Pipeline: A Contemporary Assessment of Private Investments in Public Equity (PIPEs), ___ U. Pa. J. Bus. L. ___ (forthcoming).

T H E Q U A D 83 FACULTY SCHOLARSHIP

Elizabeth G. Jenia Iontcheva JESSICA DIXON WEAVER Peter Winship Thornburg Turner Assistant Professor of Law James Cleo Thompson, Sr. Professor of Law Associate Professor of Law Trustee Professor of Law

“Judicial Hellholes, Lawsuit Presentations: “Ethical Court Competition, SMU Dedman MATERIALS ON SALES UNDER Climates and Bad Social Science: Dilemmas for International School of Law, (Dallas, TX, THE UNIFORM COMMERCIAL Lessons from West Virginia,” Criminal Defense Attorneys,” (February, 2008)). CODE AND THE CONVENTION ON Faculty Forum, SMU Dedman Junior International Law INTERNATIONAL SALE OF GOODS School of Law, (Dallas, TX, (March, Scholars Conference, Temple (Lexis/Nexis) (2009) (with L. Del 2008)). Law School, (Philadelphia, PA, Duca, E. Guttman, & F. Miller); (February, 2009)); “Negotiated COMMERCIAL TRANSACTIONS: Justice at International Criminal Jessica Dixon Weaver PROBLEMS & MATERIALS ON Tribunals,” The Hague Institute Director – W.W. Caruth, Jr. SECURED TRANSACTIONS FACULTY SCHOLARSHIP for Internationalization of the Child Advocacy Clinic (Lexis/Nexis 2nd ed.) (with Jenia Iontcheva L. Del Duca, E. Guttman & F. Law, The Hague, (Netherlands, And Lecturer in Law (now Miller); INTERNATIONAL SALES Turner (January, 2009)); Co-organizer & Assistant Professor of Law) Associate Professor of Law Moderator, Conference on “The LAW: A PROBLEM-ORIENTED Rise of Transnational Networks,” COURSEBOOK (St. Paul, MN: Presentations: “Legal West Group, 2nd ed.) [including Publications: PLEA SMU Dedman School of Law, Implications of the FLDS Teachers Manual and Documents BARGAINING ACROSS BORDERS (Dallas, TX, (November, 2008)); Discussant, “Workshop on Compound CPS Case,” SMU Supplement] (with J. Spanogle). (Global Dimensions Series, Godbey Lecture Series, Southern Aspen Pubs.) (forthcoming Sociolegal Methods in International Law,” University of Pittsburgh Methodist University, (Dallas, TX, 2009); Justice, Rule of Law, and (October, 2008)); “Texas Mis-step: Law School, (Pittsburgh, PA, Presentations: “The Economic Reconstruction in the Why the Largest Child Removal in (September, 2008)); Discussant, Failed Proposal to Amend English Post-Conflict States, in LIBER Modern U.S. History Failed,” SMU “Challenging the National/ Law,” on a panel “Challenges in AMICORUM FOR HON. ROBERTO Godbey Lecture Series, Southern International Distinction,” Law & Implementing the [UNCITRAL] MACLEAN (Joseph Norton & C. Paul Methodist University, (Dallas, TX, Society Annual Meeting, (Montreal, Legislative Guide – The Importance Rogers eds.) (2008); Transnational (September, 2008)); “Attorney Canada, (May, 2008)); Organizer & of Secured Transactions Reform,” Networks and International Ad Litem: Advocating for your Panel Moderator, INTERNATIONAL Uniform Commercial Code Public Order, in PROGRESS IN Client,” Interdisciplinary Training LAW SECTION OF THE STATE BAR Institute, (Washington, DC, (April, INTERNATIONAL ORGANIZATIONS for Children’s Attorneys: FLDS OF TEXAS ANNUAL INSTITUTE, 2008)); Lectured on commercial (Russell Miller & Rebecca Bratspies Cases, (May, 2008). eds.) (2008); International (Houston, TX, (March, 2009)); law, consumer law, bankruptcy Decision, Civil Party Participation “Plea Bargaining Across Borders: law, and international business in Provisional Detention Appeals, Introducing a Global Dimension to transactions in the May-June pro- Extraordinary Chambers in the Criminal Procedure Classes,” SMU gram for foreign lawyers, Academy Dedman School of Law Faculty Courts of Cambodia, ___ Am. J. of American and International Forum, (Dallas, TX, (August, Peter Winship Law, Center for American and Int’l L. (forthcoming 2009); 2008)); “Two Models of Plea James Cleo Thompson, Sr., International Law, (Plano, TX, Negotiated Justice in International Bargaining: The United States and Trustee Professor of Law (June, 2008)). Criminal Cases, Report for the Germany,” Indonesia Rule of Law International Expert Framework Forum, SMU Dedman School of on International Criminal Publications: COMPARATIVE Law, (Dallas, TX, (May, 2008)); Procedure (forthcoming 2010) LAW (WEST GROUP) (2009) Judge & Co-ordinator, Regional (coauthored). (with L. Teitz); COMMERCIAL Finals of the European Law Moot TRANSACTIONS: PROBLEMS &

84 SMU DEDMAN SCHOOL OF LAW STUDENTS STUDENTs 2009 Howie Sweeney SARAH T. HUGHES Moot Court Competition DIVERSITY SCHOLARHIP Serious, professional, tough-minded: this is a lawyer. But what about: goofy, carefree, and maybe even funny? With songs like “Billing Time” (“As long as my heart beats, I gotta fill my time sheets”) and “Law Firm of the Hells” (“Cream of the crop, work til’ you drop”) for example, the annual Bar None production features a variety of skits, songs and scenes that parody the lives of lawyers. Each year the production has a specific theme and this year’s, “Scumbag Billionaire,” starred nearly 50 different performers from among the Dallas-area legal community, including attorneys, judges, The distinguished panel of judges for this year’s paralegals, legal secretaries, and law clerks. In its 24th championship round of the Howie Sweeney Moot season, this year’s production featured music from Court Competition consisted of Judge Consuelo The Beatles, Dolly Parton, Les Miserables, Beyonce, Callahan of the United States Court of Appeals for and many others. the Ninth Circuit, Judge A. Joe Fish of the United States District Court for the Northern District of Although a good oppor-

Texas, and Justice Elizabeth Lang-Miers of the STUDENTS Court of Appeals for the Fifth District of Texas. tunity to prove Adam Doupe ‘10 and Gemma Galeoto ‘10 argued for that lawyers the appellee against Rwan Hardesty ‘10 and Bobby have a humorous Luyties ‘09 for the appellant in front of a packed side too, this audience in the Hillcrest Classroom. production serves an Judge Callahan ensured the competitors important pur- encountered a hot panel, questioning Hardesty, the pose. Sponsored first speaker, less than a minute into her argu- by the Dallas ment. This active panel continued throughout oral Bar Association and the Dallas Bar Foundation, the Bar None arguments as the judges tested each competitor’s production raises funds for the Sarah T. Hughes Scholarship knowledge of the case law and the facts of the case. at the SMU Dedman School of Law. After the argument concluded, the panel Established in 1981, this scholarship is awarded to complimented the students on their efforts and several minority students each year who have been selected provided sage advice. Justice Lang-Miers suggest- by the Dallas Bar Foundation. The scholarship covers the ed that advocates argue more slowly and cautioned cost of tuition and fees and is renewed the second and third students and lawyers to be careful when conceding years of law school, provided that the student remains in arguments. To the surprise of the students, Judge good academic standing. Intended to increase the number Callahan advised that they did not have to use of minority students in Dallas and in the legal profession as a every second of their allotted time. “If things are whole, this scholarship was named in honor of Judge Sarah going your way, and the questions are answered, Tilghman Hughes, United States District Court Judge for the you can wrap it up,” she said. Judge Fish echoed Northern District of Texas. Appointed by John F. Kennedy, the other judges’ comments. “I would have been Judge Hughes was the first woman to serve as a federal proud personally to have any of you represent me,” district judge in Texas and she devoted much of her time to he said. advocating for the rights of women and minorities. After the panel deliberated, Doupe and Galeoto The Bar None production was held from June 17th to were declared the winners and also won best brief. the 20th at the Greer Garson Theater at SMU. Since the Luyties won best advocate for the competition. inception, over $1.2 million has been raised for the Sarah T. Hughes Diversity Scholarship that has helped 43 law students.

T H E Q U A D 85 APIL Fool’s Auction Raises Over $65,000 in Public Interest Law Stipends

n April 3, 2009, the for auction, it was the largest and professors,” said 2008-2009 APIL Association of Public most successful auction since the President Liz Austin. “They are Interest Law (APIL) event began in 2007. always our biggest supporters and held the third annual we couldn’t do this auction without APIL Fool’s Auction “We were happy that so many them.” onO campus at SMU. The event itself generous people showed up to raised over $30,000 for summer support the community’s public Four of those supportive stipends provided to SMU Dedman interest organizations and the SMU professors served as auctioneers for Law students to work for public law students who work so hard for the event. Professors Linda Eads, interest organizations across Texas them,” said Auction Coordinator Anthony Colangelo, Mary Spec- and the country. The Auction’s Rachel Kingrey. A second-year tor, and Paul Rogers engaged the theme — “Where Lawyers Are the law student, Kingrey served as the audience throughout the night and faculty liaison for last year’s auction kept the bidder numbers flying into STUDENTS Punch Line” — allowed the Dallas legal community to poke fun at and will be APIL President for the the air. 2009-2010 school year. itself. Proceeds from the auction, Over 100 SMU law students coupled with matching funds from “We want people to know that volunteered their time to ensure the Dean’s discretionary fund, and even if students who are graduat- the auction went smoothly. “Once a $5,000 contribution from the ing don’t pursue a public interest again the students came through to Texas Bar Foundation, through career, every lawyer should think help their fellow students,” Kingrey the Lola Wright foundation, made about taking time to serve the said. “We are lucky to go to school it possible to fund twenty-five community,” Kingrey said. with such great people.” $3,000 stipends. The live auction started with The stipends go to pay law one of the most anticipated items of students to work six weeks during the night: the right to throw a pie The APIL Auction the summer as public interest law in Professor David Epstein’s face. continues to gain interns. Internships vary depend- Excited students bid against one ing upon each student’s interests another until third-year student popularity annually. and the needs of the agencies Dustin Appel finally won with a bid Due to the event’s where the students are placed. of $130. With audience anticipation Among this summer’s placements growing, Appel and Epstein got the growing number of are internships with Legal Aid of Auction off to a flying whipped- attendees, the event was NorthWest Texas, the Dallas County cream start. Public Defender, the Human Rights moved from law school Initiative, and the Dallas County Many other auction items grounds to a larger District Attorney’s family violence were donated by the community, venue on campus. division. professors, and students, including a yoga trip with professors, a trip The APIL Fool’s Auction took to California for golf, and tickets to place in Umphrey Lee Ballroom, Dallas Mavericks games. and approximately 400 people attended. With over 250 items up “We are so grateful to the

86 SMU DEDMAN SCHOOL OF LAW STUDENTS

SMU LAW STUDENTS GAIN EXTERNSHIP EXPERIENCE at the united nations court IN THE NETHERLANDS

GREGORY THEODUS SHANNON, APRIL CARTER ‘99 and 3L REBEKAH BAILEY In the fall of 2008, Professors Jenia Turner and Anthony Colangelo and alumna April Carter ’99 launched a new externship program for second- and third-year SMU law students that provides academic credit to SMU law students while they serve in the Interna- tional Criminal Tribunal for the Former Yugoslavia (ICTY) internship program.

ICTY, established in 1993, is a casework, research, and writing SMU law students would United Nations court of law that on precedent-setting decisions agree. Rebekah Bailey, a 3L who deals with war crimes from conflicts concerning genocide, war crimes, participated in the program, during the 1990s in the Balkan and crimes against humanity. remarks, “Working at the ICTY region of southeastern Europe.It provides the opportunity to is one of nearly 150 international April Carter ’99, Legal Officer in participate in international criminal organizations housed in The Hague, the Office of the Prosecutor for ICTY, law at the Tribunal whose work has the third largest city in the Nether- has used her law school training in greatly advanced the field. Drafting lands. The Hague is essentially the domestic and international prosecu- decisions and writing portions of seat of international justice and is tion and is proud to be an integral an upcoming final judgment allow home to the International Court of part of the externship program. me to practically apply my educa- “The experience SMU Law students

Justice (ICJ), the primary judicial tion in an international arena. It’s STUDENTS organ of the United Nations. are gaining as a result of working incredibly rewarding to know my for The Tribunal is something they work helps bring the rule of law to The three-month (minimum) will carry with them for the rest of the war-ravaged former Yugoslavia. ICTY externship program provides their careers. The cases on which the My externship confirms and deepens SMU law students extraordinary students work have served to shape my desire to pursue a career in exposure as it often involves direct international criminal law.” international criminal law.”

CLASS OF 2011 ORGANIZES LOCAL FUNDRAISING EFFORT FOR HOMELESS CHILDREN’S CHARITY Contracts Professor David Epstein challenged his 1L students to raise money supporting Proj- ect Night Night, a non-profit organization that supplies homeless children with care packages. Each gift contains a storybook, security blanket, and stuffed animal. In some cases, its contents are the child’s very first new belongings. Over half of daytime students within the class of 2011 met his challenge and donated at least $100 toward this special organization. Participating students procured donations from classmates and professors by offering greeting cards in exchange for $20 donations. As a result, this ambitious and caring group of 1Ls collectively raised over $11,000, exceeding their initial goal of $10,000. Additionally, Strasburger& Price, LLP, Fulbright &Jaworski and Baker Botts covered expenses incurred during the project, ensuring that the entirety of generated revenue from the greeting card sale supported homeless children. Thanks to Professor David Epstein’s encouragement and direction, the initiative of student leaders Michael Winn and Ann Chao, and the impressive participation from the overall 1L student body, the fundraiser was a tremendous success. Most importantly, their efforts in support of Project Night Night have positively affected homeless children’s lives.

T H E Q U A D 87 2009 Featured Graduates CONGRATULATIONS to the graduates of the Class of 2009!

A few of our graduates discuss their experiences, dreams, and words of wisdom they took to heart during their law school days at SMU.

Brooke Schieb Tiffany Brooke Schieb earned her Dillard Bachelor’s degrees in Politi- Tiffany Dillard arrived at cal Science and Art History SMU Dedman School of Law at SMU. In law school two weeks after graduating she served as President from Sam Houston State of the SMU Law Review University. During her Association, a member of second year at SMU, she the Barristers, research as- served as President of sistant for Professor Joseph the Black Law Students McKnight, and a mentor to first-year law students. Association (BLSA). As President, she strengthened Brooke found her experiences at SMU Dedman the foundation laid by former Presidents and brought School of Law extraordinary both inside and outside BLSA’s mission to forefront by leading the organiza- STUDENTS the classroom. She said, “Each of my professors tion under the theme “Mission Is Possible.” During was not only knowledgeable and interesting, but her third year, Tiffany was selected by Career Services also accessible. Because of open-door policies and to serve as a student representative at the ABA Judicial participation in student activities, the faculty at SMU Clerkship Program in Boston. The work experience inject themselves into the law school community in a she acquired during law school was extensive, includ- way that is unparalleled. In addition, SMU’s clinical ing a judicial internship at the Supreme Court of Texas program provides students with the opportunity to and at the Texas Court of Appeals, First District. She gain practical legal experience helping real clients also served as a research assistant for Professor D. solve real problems. My experiences in the Civil Clinic Aaron Lacy. It is her career goal to work in employ- were incredibly rewarding. With the guidance of ment law. my professor-supervisors, I learned how to manage Tiffany says, “I came to law school because I a case from beginning to end, respond to the needs always wanted to be a lawyer and wanted the intel- of clients, and deal professionally with opposing lectual challenge. While the competitive environment counsel—and had fun doing it! “ at any law school is inevitable, at SMU friendship was She is clerking for United States District Judge also inevitable. The faculty and staff were friendly and Richard A. Schell in the Eastern District of Texas in interested. Professors were often available right after Sherman, Texas. Upon the completion of her clerk- class and during office hours, and were great people ship, she plans to pursue a career in litigation in the with whom to discuss career goals.” Dallas office of Jones Day. Tiffany enjoyed mentoring and was a participant in BLSA’s Buddy System as well as an informal mentor to anyone who needed it. She also felt it a duty to “keep it real” to those seeking the “real deal” on law schools in general, and SMU in particular. Her ap- proach has been helpful in increasing the diversity of the law school’s student body.

88 SMU DEDMAN SCHOOL OF LAW STUDENTS

Dustin Lee Appel Ausra said, “A major highlight of my law school career was working as a mentor for the International Dustin Appel came to LL.M. students and visiting scholars from all over SMU after a career as the world that chose SMU Dedman School of Law for an accountant in the their Master of Laws and SJD degrees. Being from transportation and oilfield a foreign country myself (I was born in Lithuania), services sectors, including I could understand their concerns, sometimes even several years spent living a cultural shock, and was happy to facilitate their and working in Russia, integration into the law school community.” Kazakhstan, and Uzbeki- stan. He is a Certified Ausra served as a research assistant for both Dean Public Accountant, and he John B. Attanasio and Professor Roy Anderson and speaks Russian—two skills did a judicial internship with Judge Catharina Haynes that he found useful in studying law. in the 191st Civil District Court in Dallas. Ausra was selected as the recipient of the Donald C. McCleary- “Accounting, like other technical fields such Gardere Leadership Scholarship and the Dallas as science and engineering, is a great background Lawyers Auxiliary Foundation Scholastic Achieve- for a law student. As the law becomes increasingly ment Award. She graduated summa cum laude. more complex and area-specific, lawyers will need a deeper understanding of the substantive, as well as legal, issues that their clients face to provide real value and counsel. But for everyone, studying law Mukul Kelkar is a lot like learning a foreign language. Unfamiliar Mukul Kelkar began his terms, intricate and sometimes confusing rules—it time at SMU Dedman can be intimidating. The best thing is just to jump in School of Law working as and immerse yourself. At SMU Dedman School of a first-year representative Law, the faculty and my fellow students made sure

in the Student Bar Asso- STUDENTS I had the chance to really do that—through class ciation. During his second discussions, advocacy competitions, law review, the year he served as President clinic program, and a hundred other ways. It was a of the Asian American Law wonderful experience.” Students’ Association. Dustin graduated summa cum laude and was In his third year he was inducted into the Order of the Coif and Order of the elected President of the Barristers. Student Bar Association. Mukul said, “I’m most proud of our ability to successfully manage our budget to purchase new Ausra Lauru- furniture for the student body. My efforts were acknowledged by winning the Kennedy Scholarship saite-Kromelis for my dedication to the school.” While in law school, Ausra In addition to these leadership roles, Mukul served as the President worked in the Criminal Justice Clinic, where he was of the law school’s Inter- able to secure a “Not Guilty” verdict for a client at national Law Society and trial. “My SMU experience was incredible. My classes helped organize presenta- and professors challenged me in ways I never imag- tions to law students on ined. The opportunities at SMU are boundless. I’m international law topics extremely thankful for the privilege to have studied by prominent members of here. The school has prepared me to be a great lawyer, the Dallas legal community, the International Law and an even better person,” he said. Section of the State Bar of Texas, the International Criminal Tribunal for the Former Yugoslavia, and the World Bank. In addition, she served as a member of the SMU Law Review, as Chair of the Judicial Com- mission of the Student Bar Association (SBA), served on the SBA Elections Committee, and was a student member of the Dallas Bar Association.

T H E Q U A D 89 Bill Richmond unique perspectives on the law. And the students treated each other with professional courtesy. I felt Bill Richmond chose SMU camaraderie with my classmates and supported by Dedman School of Law the faculty members. The diverse atmosphere and believing it would provide respectful working relationships created an environ- ways to lay the groundwork ment that afforded me the opportunities to begin a of a successful legal career. successful and rewarding legal career,” she said. “The opportunities, though, were even more diverse and accessible than I could have imagined,” he said. Bill Stephanie Gonzales capitalized on these options “When I decided to come by serving as an Associate to SMU, who would have Managing Editor of the International Law Review, thought that I would never Chairman of the Board of Advocates, and member of want to leave? The past the Barristers Society. Over three years, he competed three years have been filled in twelve advocacy competitions, winning awards at with memories that I will ten, including being named National Champion of the never forget. I have loved 2008 Thomas Tang International Moot Court Competi- every single minute of it,” tion with teammate Lindsey Griffin. said Stephanie Gonzales. Encouraged by the school’s supportive atmo- While at SMU Dedman sphere, he also graduated cum laude, was selected to School of Law, Gonzales the National Order of Barristers, and earned the Fred took advantage of every opportunity she could. She C. Moss Award for Outstanding Graduating Advocate. was the Case Note & Comment Editor for the SMU Sci- “Even without a lawyer in my family or connections ence and Technology Law Review, President of Women in Dallas, SMU provided a solid rock upon which I in Law, Historian for the Hispanic Law Students can build my career.” Bill is an associate at Sedgwick, Association, and Chief Justice Committee Co-Chair for Detert, Moran & Arnold, LLP in Dallas. the Jackson Walker Moot Court Board. The majority of Gonzales’ third year was spent in the school’s Criminal Justice Clinic. She started out as a summer student STUDENTS Heather S. Bethancourt in the Criminal Justice Clinic, became the Chief of the Courthouse, and then earned the title of Master Chief Heather earned her under- of the Criminal Justice Clinic (a title that was specially graduate degree in Political created for her). As a Master Chief, she taught new Science and International clinic students and supervised the Chiefs. “The practi- Studies from Texas A&M cal experience I learned in the Criminal Justice Clinic University. During her time under the excellent direction and supervision of Mike at SMU Dedman School of McCollum and Brook Busbee has by far been the best Law, she was Administra- thing about SMU. Seeing firsthand the teamwork and tive Editor of the SMU Law camaraderie between everyone involved with the Review, Director of the Criminal Justice Clinic makes me proud to have been a Student Bar Association part of it,” she said. Mentor Program, criminal and constitutional law tutor under the Academic Skills Gonzales was the recipient of the A.J. Thomas Assistance Program, and Research Assistant to Dean Award, and she graduated as a member of the Order John B. Attanasio. She graduated magna cum laude of the Barristers. She currently works as an Alumni and Order of the Coif and joined Jones Day this fall. Recruiter for the Law School Admissions Office, which allows her the opportunity to share her experiences “I am privileged to have been a part of the with prospective law students. Gonzales plans on second class of the revitalized evening program at continuing her passion for being in the courtroom by SMU Dedman School of Law. After six years in hu- working as a criminal attorney. man resources, finding a law school that valued my professional experience was important. SMU was the perfect fit. The faculty encouraged students to share their varied life experiences to foster discussion. Represented professions included doctors, engineers, financial professionals, teachers, and law enforcement officers. I am grateful to have benefited from so many

90 SMU DEDMAN SCHOOL OF LAW STUDENTS

international graduates Yingfeng “Jerry” Zhang Shadi Alshdaifat Shanghai, China Manshiyah, Jordan

Jerry (Yingfeng) Zhang Shadi Alshdaifat received graduated with a law degree his Bachelor of Law degree from East China University from Mutah University in of Political Science and Law Al Kerak, Jordan. (“ECUPL”), located in Shanghai, in 2000. In Prior to obtaining 2001, Zhang joined Shanda his LL.M. degree at SMU Interactive Entertainment Dedman School of Law, Limited as their Deputy Shadi worked as an General Counsel, where he attorney-in-training at continues to be responsible the Sultan Shwaqfah Law for managing both the Legal and IP departments. He Office in Anman, Jordan. assisted with Shanda’s IPO, as well as with the IPO of While attending SMU Law, Shadi worked at the law a subsidiary of the company. Both currently trade on office of Tiffany Mir in Bedford, Texas. the NASDAQ. In addition, Zhang has been involved in Alshdaifat explained, “I was considering ap- numerous mediations and litigation matters, including plying to an LL.M. program for quite some time but a $15 million copyright case in Shanghai, which was could not decide which school I should choose and the largest copyright dispute in Shanghai at the time. how to make the right choice. Fortunately, one Through his experience handling the company’s of my friends told me about the LL.M. program at STUDENTS SEC compliance work and working on projects involv- SMU… I submitted my application and was accepted. ing large multinational corporations such as Disney, Both semesters of school flew by like one week. It Motorola, and PepsiCo, Zhang came to appreciate is amazing how fast time goes by when you truly the value of possessing a thorough understanding of enjoy what you do! I love Dedman Law School. the American legal system. He started by attending a Joining this program was probably one of the best corporate compliance seminar sponsored by the U.S. academic decisions I have made. We were about firm Arnold & Porter LLP, and then he participated as 53 students from all over the world: Jordan, Japan, a panelist at a Corporate Governance & Compliance China, Taiwan, Saudi Arabia, Brazil, Germany, Seminar sponsored by Lexis Nexis. His experiences at Mexico, Russia, Panama, Indonesia, Ukraine, Russia, these seminars gave him greater motivation to further India and so on. The fact that all of the students study about American law. His experience working in admitted to the program have studied law in their China’s IP sector allowed him to take part in a number home countries and are licensed to practice law of IP litigations as well as act as a board member of there makes this experience very valuable. We had the Copyright Protecting Society of Shanghai and an amazing opportunity to meet new people and the Copyright Society of China. He came to realize make friends with intelligent professional individu- the importance of intellectual property rights for IP als from all over the globe. [We] studied together, companies and that China suffers from a shortage of shared our experiences and views, and built new research on IP law. At the same time, as more Chinese friendships. Moreover, we created our own school businesses go public in the U.S., there is a growing need schedule by selecting classes that would benefit our in China for lawyers who are knowledgeable about professional Law career in the best possible way. At Chinese law and familiar with U.S. law. SMU, LLM students are treated just as JD students. We get to choose the same classesand professors and With encouragement from Professor Xuan-Thao participate in all school activities throughout the Nguyen to participate in the LL.M. program, Zhang semester.” took temporary leave from his family and job in China to pursue the LL.M. degree. He said of SMU Dedman Alshdaifat’s overall impression of the interna- School of Law, “I consider your university my first tional SMU Law program was very positive. He said, choice. [SMU Law] possesses world-class faculty, ad- “If anyone is debating between law schools as I was, vanced research facilities, and a stimulating academic please take a look at SMU Dedman School of Law and atmosphere; all of which I believe [were] essential for give it your priority consideration. You will never and conducive to the development of my abilities.” regret it.”

T H E Q U A D 91 a great...International tradition

SMU DEDMAN SCHOOL OF LAW was one of the first schools in the United States to establish a LL.M. program in international and comparative law. We are proud of the more than 1,400 graduates from 70 countries who hold prominent positions in government, legal practice, business, the judiciary, and legal education worldwide. We currently have justices in the Phillipines, Korea, Indonesia, and Japan as well as in the Foreign Ministry of Georgia, among many others.

Recent International alumni appointments:

SOBCHOK SUKHAROM ’81 Supreme Court President, Thailand October 2009

Somanahalli Mallah Krishna ’59 Minister for Foreign Affairs, India May 2009

92 SMU DEDMAN SCHOOL OF LAW LL.M. STUDENT RECEPTION Wednesday, May 13, 2009

T H E Q U A D 93 GRADUATION 2009 GRADUATION

a day to remember... SMU DEDMAN SCHOOL OF LAW held its annual hooding ceremony on May 16, 2009. It was surely a day to remember, not only due to heavy rains forcing a venue change, but also because graduation caps and gowns changed quite dramatically, both in style and color. 2009 was the first time since 1992 that the hooding ceremony was not held in the outdoor Law Quad. Dean Attanasio, in his opening speech, thanked staff members Bobbye Heine and Maggie Froneberger for working in the rain and being prepared for TWO ceremonies, just in case weather permitted the graduation to occur in the beautiful outdoors Law Quad like in years past.

94 SMU DEDMAN SCHOOL OF LAW GRADUATION 2009

Left: Honorable Barbara M.G. Lynn ’76 gave the commencement speech. See excerpts from her speech in Class Notes.

T H E Q U A D 95 TAILGATE PARTIES TAILGATE PARTIES!

96 SMU DEDMAN SCHOOL OF LAW TAILGATE PARTIES

joinPlease... us for FUN, FRIENDS, & FOOD!

2009 Season Home Games:

Saturday, September 5, 2009 SMU vs. Stephen F. Austin Tailgate at 5:00-7:00 pm Kickoff at 7:00 pm

Saturday, October 10, 2009 SMU vs. East Carolina Tailgate at 5:00-7:00 pm Kickoff at 7:00 pm

Saturday, October 17, 2009 SMU vs. Navy Tailgate at 5:00-7:00 pm Kickoff at 7:00 pm

Saturday, November 7, 2009 SMU vs. Rice (Homecoming) Tailgate at 12:00-2:00 pm Kickoff at 2:00 pm

Saturday, November 14, 2009 SMU vs. UTEP (Family Weekend) Tailgate at 12:00-2:00 pm Kickoff at 2:00 pm

Saturday, November 28, 2009 SMU vs. Tulane Tailgate at 12:00-2:00 pm Kickoff at 2:00 pm

*Times subject to change

T H E Q U A D 97 C.L.E & DEAN’S RECEPTION

Friday, April 24, 2009 2009 REUNIONS

98 SMU DEDMAN SCHOOL OF LAW CLASS REUNIONS

Saturday, April 25, 2009

T H E Q U A D 99 CLASS REUNIONS

Saturday, April 25, 2009

100 SMU DEDMAN SCHOOL OF LAW CLASS REUNIONS

Saturday, April 25, 2009

For more reunion photos, visit: www.law.smu.edu/ Alumni-Development/Photo-Gallery

T H E Q U A D 101 TEXAS STATE BAR RECEPTION

Thursday, June 26, 2009 State bar recePTION

102 SMU DEDMAN SCHOOL OF LAW IN MEMORIAM IN MEMORIAM The SMU Dedman School of Law expresses sympathy to the families and friends of the following law school alumni:

James W. Bookhout ’37 David G. Hanlon ’51 Roger R. Scott ’65 Lawrence F. Blais ’74 June 20, 2009 February 14, 2009 July 1, 2009 August 2, 2008

Edward C. Fritz ’40 Bill F. Kryzda ’53 Dan James Anderson ’66 John Ernest Phillips ’75 December 19, 2008 January 3, 2009 September 1, 2008 March 20, 2009

Joseph G. Rollins, Jr. ’41 Robert B. Payne, Sr. ’53 John E. Humphreys ’66 Michael C. Barrett ’77 November 2, 2008 April 4, 2009 April 4, 2009 January 11, 2009

Nita H. Smith ’45 William F. Courtney ’55 Mohamed Aboul-Enein ’67 Steve A. Mandell ’77 September 28, 2008 December 8, 2008 November 16, 2008 April 15, 2008

Fred M. Bruner ’48 Richard Lanier Thomas ’55 Charles E. Beresford ’67 Lynn Hastings ’79 MEMORIAM IN December 26, 2008 April 11, 2009 October 21, 2008 November 1, 2008

John Fox Holt II ’48 Thomas P. Alexander ’56 R. L. (Robert Lee) Jim Hudson ’79 September 8, 2008 November 2, 2008 Eschenburg II ’67 May 3, 2009 December 17, 2008 Jean S. Patton, Jr. ’48 William T. Ward ’56 Peter J. Riley ’81 August 22, 2008 July 7, 2009 James A. Mattox ’68 August 1, 2009 November 8, 2008 James F. Williams ’48 John R. Vandevoort ’57 Jeffry Scott Bodley ’82 March 8, 2009 June 27, 2009 Henry Jackson Zinn ’68 May 5, 2009 November 3, 2008 J. Kirby Ellis, Jr. ’49 Dwight D. Arthur ’58 Rona Robbins Mears ’82 November 15, 2008 May 7, 2008 Ronald P. Barbatoe ’69 December 18, 2008 June 9, 2009 William A. Hunter ’49 Charles E. Galey ’59 Brandi Barfield-White ’84 July 18, 2009 September 21, 2008 Donald Graham April 5, 2009 Canuteson ’69 Millard F. Carr ’50 Siddapur V. Ramanna ’60 February 23, 2009 Larry R. Killough, Jr ’85 May 22, 2009 May 18, 2009 August 7, 2008 Laura Ford ’69 Shannon Jones, Jr. ’50 Paul J. Keohane ’63 December 20, 2008 Homer Baskin February 12, 2009 February 10, 2009 Reynolds III ’87 Ronald J. Prichard ’70 April 5, 2009 Elbert M. Morrow ’50 Charles G. Luedtke ’63 October 25, 2008 January 24, 2009 May 22, 2009 James D. Slack ’92 Harold R. Clements II ’72 October 16, 2008 William A. Pritchard ’50 O. Jan Tyler ’63 January 8, 2009 December 1, 2008 April 22, 2009 George T. Allison, III ’74 H. Mathews Garland ’51 Richard M. Hull ’64 June 18, 2009 September 5, 2008 February 20, 2009

T H E Q U A D 103 The Quad (Mechanics) 8/2/05 3:52 PM Page 26

THE QUAD Headlines

The Distinguished Alumni Award for Public Service efforts of private lawyer volunteers and professional poverty RICHARD M. HULL ‘64 lawyers. In 1999, the Dallas Bar Association gave Hull its Lifetime Achievement Award for his work in bringing legal services to the poor. Hull has been active in other volunteer programs, both at the local and the state level. He and the Honorable Jerry Buchmeyer chaired the Dallas Bar Association Immigration Amnesty Task Force. Hull has also served on the boards of various private ele- mentary schools. He and his son, Richard, developed the IN MEMORIAM Richard M. Hull Family Scholarship at Jesuit College Preparatory School of Dallas. Hull began and ended his speech by saying, “Thank you for permitting me to serve you.” Richard M. Hull ‘64 Dr. Mohamed Aboul-Enein ‘67

Co-Founder of the DallasThe Volunteer Distinguished GlobalSenior Alumni Vice Award President of the Supreme Attorney Program (DVAP) Constitutional Court of Egypt SMU President R. Gerald Turner, Richard Hull ‘64, and Dean John B. Attanasio. DR. MOHAMED ABOUL-ENEIN ‘67 RichardDr. M. Mohamed Hull ’64 Dr. Mohamed Richard Hull has been an active practitioner in Dallas diedAboul-Enein February 20, is cur- Aboul-Enein ’67 died and New York for more than 40 years, specializing in corpo- 2009.rently He the graduated Director November 17, 2008. He rate and business law. Hull also has extensive experience in fromof SMU the with Cairoa was the Director of the managing turnaround transactions and in acting as a judi- B.A.Regional degree Centre in for Cairo Regional Centre 1962 and a J.D. in for International Com- cially appointed receiver. During the 1990s, he managed the 1964.International Upon his law mercial Arbitration, turnaround of the LBJ Holding Company for the Lyndon schoolC o m graduation, m e r c i a l which offers both Asian Johnson Family—serving as CEO and a member of the HullArbitration, received the which and African countries Board of Directors. He is also a leader and active participant highestoffers grade both for Asian specialized services to that year on the help settle trade and in legal and educational volunteer efforts and is a co-founder Texasand AfricanBar exam coun- investment disputes by of the Dallas Volunteer Attorney Program, which provides and,tries as a result, specialized was promoting fair opera- legal services to the poor. selectedservices to to deliver help set- tions of expeditious and “We know that the justice system cannot work unless it’s histle colleagues’trade and invest-ac- economical procedures. ceptance response to the Texas Supreme Court at In addition, he was a Constitutional Advisor to the available to all, rich or poor. Wethe must swearing-in make our ceremony services in Austin.ment disputes by People’s Assembly (Parliament) in Egypt and a Profes- available to the less fortunate,” Hull said in a speech that promoting fair oper- sor of Law at Cairo University. Hull was a leader in volunteer efforts and was highlighted respect for others’ rightsone ofand the whereprimary the implementers lawyer ations and ofco-founders expeditious Born in Egypt, Aboul-Enein received his law fits in society. of the Dallas Volunteer Attorneyand Program economical (DVAP), procedures.degree Infrom addition, Cairo University he isand ahis LL.M. from the Hull graduated from SMU withwhich a B.A.provides degree legal in services 1962 toConstitutional the poor. The Advisor University to the of People’s California Berkeley. Assembly In 1967, Aboul-Enein and a J.D. in 1964. Upon his lawprogram school has graduation, been named Hull the Most(Parliament) Outstanding in Egypt andbecame a Professor the first of doctoral Law at degree Cairo candidate to receive Program in the State of Texas by the State Bar, as his S.J.D. from the SMU School of Law. He received received the highest gradeIN MEMORIAM for that year on the Texas Bar University. well as the Most Outstanding Pro Bono Program in the Distinguished Global Alumni Award from the SMU examination and was thereby selectedthe United to States deliver by his the col-American BarBorn Association. in Egypt, Aboul-EneinDedman receivedSchool of hisLaw law in 2005. degree leagues’ acceptance response to theDVAP Texas is nowSupreme the leading Court model at from in the Cairo nation University for and his LL.M. from the University of cooperative efforts of private lawyer volunteers and Prior to his Director position in Cairo, Aboul- the swearing-in ceremony in Austin, Texas. Hull then California Berkeley. In 1967,Enein Aboul-Enein was Senior becameVice President the first of the Supreme departed for Wall Street for severalprofessional years before poverty returning lawyers. to Indoctoral 1999, the degree Dallas candidate to receive his S.J.D. from the Bar Association granted Hull its Lifetime Achieve- Constitutional Court of Egypt. Before that, he served Texas. ment Award for his work in bringingSMU legalDedman services School of Law.as a Member of the Egyptian Judiciary and as a Justice One of Hull’s greatest contributionsto the poor. to public service is Prior to his current positions,of the Supreme Aboul-Enein Constitutional was Senior Court of Egypt. He was also a Professor of Constitutional Law and Public his work on the Dallas Volunteer AttorneyIn addition Program. to the Named Dallas VolunteerVice President Attorney of the SupremeFinance Constitutional at Algeria University, Court a Visiting of Scholar at the Most Outstanding Pro Bono Program,Program Hullby both served the as State a memberEgypt. of the He Dallas has also served Harvard as a Member Law School, of the and Egyptian a Visiting Professor at the Bar of Texas and the American BarBar Association, Association’s this Pro program Bono & LegalJudiciary Aid Activities and a Justice of theKing Supreme Fahd University Constitutional of Petroleum Court and Minerals in is now the leading model in theCommittee, nation forwhich cooperative he chaired forof two Egypt. terms. He He was a ProfessorSaudi of Arabia. Constitutional Law and also served as Vice-Chairman of the Dallas Bar Association’s Amnesty Task Force as well as Vice Aboul-Enein served as Vice President of the Chairman of the State Bar of Texas Committee for International Federation of Commercial Arbitration Legal Services to the Poor. He was a member of Institutions (IFCAI), comprising 85 international 26 SMU DEDMAN SCHOOL OF LAW the Board of Trustees of Jesuit Preparatory School arbitral institutions, and as Chairman of the IFCAI of Dallas, which he chaired in 1986, and a member Section. He was elected Secretary General of the Union of the Jesuit Foundation; he also developed the of Arab Arbitration Centers, Vice President of the Richard M. Hull Family Scholarship at Jesuit. He London Court of International Arbitration, and Vice received the Distinguished Alumni Award for President of the Egyptian Branch of the International Public Service from the SMU Dedman School of Law Association. Law in 2005.

104 SMU DEDMAN SCHOOL OF LAW IN MEMORIAM

Michael C. Barrett ‘77 Rona Mears ‘82 Chairman of Barrett Daffin Frappier Chair of the American Bar Turner & Engel, LLP Association International Section

Michael C. Barrett Rona R. Mears ’82 ’77 died January 11, died December 2009. Born in Salt 18, 2008. Born in Lake City, Utah, Stillwater, Min- and raised in Sher- nesota and raised man, Texas, Barrett in Moorhead, graduated from the Minnesota, Mears University of Texas graduated from the at Arlington with a University of Min- Bachelor of Science nesota in 1960 with Degree in 1974 and a a degree in interior Master of Arts in 1975. design. After her He earned his J.D. at family moved to SMU School of Law Dallas, she joined in 1977. Recognized the First Unitarian as a pioneer and leader in the mortgage banking Church, where she served as church administrator industry, Barrett founded and served as chairman during the 1970s. In 1982 she earned her law degree of the mortgage banking law firm, Barrett Daffin from SMU School of Law and her Master of Business Frappier Turner & Engel, LLP. Barrett also served as Administration degree from Southern Methodist IN MEMORIAM IN Chairman Emeritus of National Default Exchange LP University. and as a member of the Executive Advisory Board of Frost Bank Group. Barrett sat on the Executive Board Mears practiced international corporate, trade, of the SMU Dedman School of Law as well, where he and commercial transactions law as an associate and established the Jean Kyle Jury Award. then as a partner at Haynes and Boone, L.L.P. for twenty years until her retirement in 2002. Mears Barrett was admitted to practice before the wrote and lectured extensively on international legal United States Supreme Court, the United States issues. Active in numerous bar and professional Courts of Appeal for the Fifth and Eleventh Circuits, activities, she served as Chair of the American Bar and the Supreme Courts of Texas and Colorado, as Association International Section and was appointed well as every federal district court in Texas. He was by the U.S. Departments of State and Justice to serve a Fellow of the Texas Bar Foundation, the American as a private sector member of the NAFTA Advisory College of Mortgage Attorneys, and the State Bar of Committee on Alternative Dispute Resolution. Texas. Barrett was Board Certified in Civil Trial Law Among her professional honors, Rona was elected a by the Texas Board of Legal Specialization, and served member of the American Law Institute, and received as a frequent advisor on mortgage banking issues for the Distinguished Alumni Award for Private Practice the Texas Supreme Court and the Texas Legislature. in 2000 from SMU School of Law, and the ABA Sec- tion of International Law Mayre J. Rasmussen Award His passionate support for many charitable and for the Advancement of Women in International Law. public service organizations included work with Hope’s Door, KickStart, and Dallas Junior Forum. Mears’ community activities included member- An avid supporter of veterans’ causes and the Ad- ship for over 35 years in Chapter BZ of P.E.O., a dison Police Department, Michael also founded BDF philanthropic educational organization in Dallas, Homeworks Foundation to provide key financial having been initiated in her mother’s chapter in support to many local charities. Moorhead, Minnesota in 1962. During her retirement years, Mears devoted herself to writing projects, notably a mystery novel and a book on George Washington’s agricultural and business pursuits.

T H E Q U A D 105 CLASS NOTES CLASS NOTES

1951 of Trustees who Association Section 1966 is now consulting in approved the nam- of Dispute Resolu- cyber law. David A. Johnson ing of a new school tion. George Bramblett has been named in Pleasant Grove as has received the Shareholder in the the “Adelfa Callejo Dallas Lawyers tort and insurance Auxiliary’s 27th 1969 Elementary School,” 1963 litigation and com- and she received annual Justinian John D. Ellis, Jr. is mercial litigation the Reynoldo G. George Coleman Award honoring serving as a Member practice groups at Garza Lifetime has received the dedication to com- of the American Bar Cowles & Thompson Achievement Award Dan Rugeley Price munity service. Association House of PC. presented by the Memorial Award Delegates as a Del- Hispanic Issues presented by the egate of the Houston Section of the State Texas Bar Founda- 1967 Bar Association. 1956 Bar of Texas. tion. This award honors an attorney James W. Gibson William B. Short, Jr. Mohamed Samin Henry Nuss has who serves the pro- has been recognized has joined the Dallas Uddin Khan has been appointed fession as a volunteer by the Texas Me- office of Coats Rose been named the First by Gov. Rick Perry and legal scholar diator Credentialing as Director in the Chairman of the to the Texas Judicial while also actively Association with an construction/surety Copyright Board of Council. practicing law, and endowed scholarship and real estate law Pakistan. who exhibits dedica- in his name for his sections. tion to the Bar. achievements in the 1962 field of mediation. 1959 1965 1970 Dan Busbee has Eldon L. Youngblood CLASS NOTES S.M. Krishna has retired from Atom R. Bruce La Boon was selected for Harriet Miers is been appointed Energy Corporation, was nominated by inclusion in The Best serving as Dallas Minister of Foreign after more than two President George W. Lawyers in America Bar Association Affairs of India. decades of service to Bush to the Board 2009. Co-Chair of the new the company. of Directors of the mentoring program Mickey Leland “Amachi Texas.” 1961 Lawrence R. Max- National Urban Air 1968 well, Jr. has been Toxics Research Larry Mathews has Adelfa Callejo was appointed Co-Chair Center. 1971 honored by the of the Collaborative retired from the US Dallas Independent Law Committee of Attorney’s office and Albon O. Head, Jr. School District Board the American Bar has been selected

OLD FRIENDS UNITE AT C.S. POTTS SOCIETY LUNCHEON Members of the C.S. Potts Society, made up of all the alumni who graduated more than 50 years ago, gathered for an annual luncheon on December 11, 2008. Guests were treated to a delicious lunch and each received a small present before they headed home. Dean Attanasio updated attendees on the latest accomplishments of the law school and the event was held in the nostalgic Lawyers Inn, recently named Godwin Gruber Lawyers Inn in 2005.

106 SMU DEDMAN SCHOOL OF LAW CLASS NOTES Adelfa Callejo ’61 Receives Reynaldo G.Garza Lifetime Achievement Award The Reynaldo G. Garza Lifetime Achievement Award was presented to Adelfa Callejo ’61 by the Hispanic Issues Section of the State Bar of Texas at its meeting in Dallas in June. The award is named for Judge Reynaldo G. Garza, who was appointed in 1961 to become the first Mexican-American federal district judge and who in 1979 became the first Mexican-American federal appellate court judge. Working full-time during the day, Callejo attended night school at SMU, studying simultaneously for her B.A. and J.D. degrees. She was the first Hispanic woman to graduate from the SMU School of Law, and the first to practice law in Dallas. Since then, Callejo has been in private practice in Dallas for 45 years with her husband Bill, who received his law degree from SMU in 1966. Callejo has won numerous awards for her years of service in the community and the legal profession, including the Ohtli Reconocimiento recognition award from the Mexican government, the Texas Peace Officers Association’s Humanitarian Award, the Hispanic National Bar Association’s Lincoln-Juarez Award, the American Bar Association’s Spirit of Excellence Award, and the Martin Luther King, Jr. Justice Award from the Dallas Bar Foundation. She has received the SMU Profile in Leadership Award, the Texas Center for Legal Ethics and Professionalism Sandra Day O’Connor Award, the Greater Dallas Hispanic Chamber of Commerce Leadership Award, and in 2007 she received the Robert G. Storey Award for Distinguished Achievement from the SMU Dedman School of Law in 2007. Most recently, the Dallas Independent School District Board of Trustees named a school “Adelfa Callejo Elementary School” in her honor.

for Best Lawyers in 1973 Wayne Harding has commercial real in 2006, and has NOTES CLASS America for 2009, joined DLA Piper as estate business taught United States and was featured as Drew Bagot has Of Counsel. transactions group, and World History at a “Top Attorney” in joined Cowles & and was selected for both the University Tarrant County by Thompson in Dallas Tony Patterson, Jr. is inclusion in The Best of Texas at Arlington Fort Worth, Texas as a Shareholder serving as a member Lawyers in America and Eastfield College magazine. practicing insurance of the American 2009. while maintaining and health care law Bar Association his law practice. Bruce Cheatham in the corporate and House of Delegates with Bracewell & business section. as a Delegate of the Orrin Harrison Giuliani in Dallas Health Law Section. 1974 received a Presiden- Harold Gaither has been elected to Robert Ansiaux tial Citation from the Membership in the Jr. has been reap- Larry V. Smith has State Bar of Texas pointed by Gov. Rick become a Member of received his PhD Fellows of the Texas in history from for leadership of Bar Foundation. Perry to the Juvenile McGlinchey Stafford the Task Force on Justice Advisory PLLC and practices the University of Texas at Arlington Grievance Commit- Board. in the firm’s Dallas tee Structure.

Class of 1970 has early celebration at trader vic’s for upcoming 40th Reunion Under the leadership of Mike Alexander ’70 and Kim Thorne ‘70 and the communications efforts of John Jackson ’70, the Class of 1970 held a very successful nostalgic gathering at Trader Vic’s on April 2, 2009, in preparation for celebrating their 40th Reunion in the spring of 2010. Classmates came from as far as California to rekindle friendships and share old memories.

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George Coleman ‘63 Receives Dan R. Price Memorial Award George Coleman ‘63 of Dallas received the 2009 Dan R. Price Memorial Award from the Texas Bar Foundation. The Award honors an attorney who serves the profession as a volunteer and legal scholar while also actively practicing law. The recipient exhibits dedication and zeal for service to the public and to the Bar. Friends and family of Dan Price, an Austin lawyer, endowed this award to memorialize the qualities and accomplishments of his life. The award carries with it a $1000 scholarship to be donated in the recipient’s name to the Texas law school of his or her choice. Coleman designated his alma mater, SMU Dedman School of Law, as recipient of the scholarship Coleman earned his B.S. degree from the University of Oklahoma in 1961 and his LL.B.from Southern Methodist University in 1963. From 1963 until 2007, he was an attorney with Jenkens and Gilchrist, P.C., and in 2007, he formed the Law Office of George W. Coleman. He is the former Co-Chair of the American Bar Association Business Law Section Committee on Relations with State Bar Associations, former Chairman of the State Bar of Texas Business Law Section, and is an elected member of the American Law Institute. Since 1995, Coleman has given over 100 lectures on topics such as partnership laws and legal ethics. Coleman is a former board member of the Center for Nonprofit Management and a former board member of the Dallas Business Committee for the Arts. He is a Life Fellow of the Texas Bar Foundation CLASS NOTES Larry G. Holt has Peter G. Pierce has Paul Ward has been and Cincinnati Smith P.C. as been appointed by released his first named SMU’s Vice Magazine. Principal. Gov. Rick Perry to book, Baseball in President for Legal serve as a Commis- the Cross Timbers Affairs, General John B. Holden was selected for sioner at the Texas - The Story of Counsel and Secre- 1977 State Library and the Sooner State tary to the Board inclusion in The Best Archives Comission. League. of Trustees. Lawyers in America Robert K. Carrol 2009. of Nixon Peabody Gary L. Ingram Brian L. Webb was recognized by was selected for has been elected Barbara M.G. Lynn 1975 gave the Com- the Chambers and inclusion in The President of the Partners Chambers Best Lawyers in American Academy mencement Address Mike Lynn was at the SMU Dedman USA: America’s America 2009, and named a top-de- of Matrimonial Law- Leading Lawyers for was featured as a yers Foundation and School of Law in fense lawyer in the May 2009. Business as leaders “Top Attorney” in DFW Metroplex for elected Secretary in their field, Labor Tarrant County by 2009 by the Dallas of the Texas Family Prater Monning III & Employment, Fort Worth, Texas Business Journal. Law Foundation. of Dallas received California. magazine. the State Bar of Ted Lynon has been Richard O. Faulk Jeff Kinsel has been Texas Nancy L. presented with the 1976 Garms Memorial has received a named by Super John Howie Award Distinguished Law Lawyer Corporate Award for outstand- for Courageous Edward Hertenstein ing contributions Firm award at the Counsel as one of Pursuit of Justice in has been selected 10th annual Burton the nation’s top to law-focused the Face of Adversity as an “Ohio Super education. Awards. attorneys in the civil by The Dallas Trial Lawyer” by Law and litigation practice Lawyers Associa- Politics magazine, Steven D. Wolens area. tion. Northern Ohio has joined McKool Live magazine,

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George Bramblett ’66 Receives Justinian Award The Dallas Lawyers Auxiliary presented the 2009 Justinian Award to George Bram- blett ’66. The award is given annually to a Dallas Bar Association member who has actively demonstrated a long-standing dedication to volunteer service in the Dallas community. A partner in Haynes and Boone’s Business Litigation Practice Group for more than 30 years, Bramblett was named Trial Lawyer of the Year by the Dallas Bar Association in 2001. He serves as a fellow in both the American College of Trial Lawyers and the American Board of Trial Advocates, where he was President of the Dallas Chapter. In 2008, Bramblett was selected to receive the Dallas Bar Founda- tion Fellows Award, the foundation’s most prestigious honor. A frequent CLE speaker, Bramblett has also written widely on courtroom proce- dures, including “The Court’s Charge” and “The Ultimate Trial Notebook,” both penned for the State Bar of Texas. Bramblett received his undergraduate degree from SMU in 1963 and his J.D. from SMU School of Law in 1966. In 2001 he received the Distinguished Alumni Award for Private Practice from the law school. He currently sits on the law school’s Executive Board and is a co-chair of the Law School Capital Campaign Committee. He also chairs the Board of Trustees of Baylor College of Dentistry and has served on the Board of the Southwestern Medical Foundation since 1997. CLASS NOTES CLASS

Susan Mead Crop Production sor at the Institute in The Best Lawyers John A. Gulick, III was selected for Services, Inc. for International in America 2009. has been named a inclusion in The Best Relations at the wealth management Lawyers in America Taras Shevchenko Jonathan Hustis specialist in the has joined Phillips & 2009. 1978 National University Harris Private Bank in Kiev, Ukraine. Reiter in Dallas. North Scottsdale. Robert R. Roby is David W. Chew was Gordon M. Shapiro serving as Dallas Bar awarded a 2008 Tim Gavin has William O. Holton, Association co-chair been named was selected for Jr. of Sullivan & National Asian inclusion in The Best of the new premier Pacific American Managing Partner Holton in Dallas was program “Amachi of Carrington, Lawyers in America recognized by the Bar Association 2009. Texas.” Trailblazer Award. Coleman, Sloman & State Bar of Texas for Blumenthal LLP Betsy Whitaker has 10 years of member- Jill Spencer was Barry Sorrels was ship in the State Bar appointed Executive Michael K. Pierce been named Chair elected first Vice of the Judicial Pro Bono College. Vice President, President of the has been elected General Counsel to serve on the Compensation Alfred N. Kay has Dallas Bar Associa- Commission by Gov. and Chief Strategy tion. Management Com- moved to Austin to Officer of the Federal mittee for 2009 in Rick Perry. start legal seminars Home Loan Bank of the corporate and for consumers in the Atlanta. 1979 securities section for areas of divorce. Thompson & Knight. 1981 Morris K. Mark Shank has Mina Akins Brees Wanda McKee Withers has was awarded a 2009 been elected a fellow moved to Greeley, Fowler has joined of the College of Fulbright Scholar 1980 Wright Brown & Colorado and has Grant by the U.S. Labor & Employ- become General Larry Hance was se- Close in Houston as ment Lawyers. Department of State a Partner. Counsel for as a visiting profes- lected for inclusion

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Judge Barbara M.G. Lynn ’76 Delivers Commencement Address Barbara M.G. Lynn, United States District Judge for the Northern District of Texas, Dallas Division, gave the SMU Dedman School of Law Commencement Address on May 16, 2009. Judge Lynn’s inspirational remarks included the administration of an oath to the gradu- ates, and other lawyers present, to signify their obligations to their profession: “I will not reject from any consideration personal to myself the cause of the impoverished, the cause of the defenseless, or the cause of the oppressed. I will endeavor always to advance the cause of justice and to defend and to keep inviolate the right of all persons whose trust is conferred upon me as an attorney at law. I will do justice, I will perform my work with integrity and I will protect the rule of law whenever and wherever it is in jeopardy.” She concluded her remarks with her wish for the graduates that “you will realize the legacy of Atticus Finch, Sandra Day O’Connor, Margaret Brent, Clarence Darrow and Abraham Lincoln. Stand tall and be proud. You are lawyers,” she said. Judge Lynn graduated from the University of Virginia in 1973 with a Bachelor of Arts Degree with Highest Distinction and went on to Southern Methodist University School of Law where she graduated summa cum laude in 1976. She then joined the law firm of Carrington Coleman Sloman & Blumenthal as its first female associate and became its first female partner in 1983. When appointed to the federal bench in 2000, she was the first woman to serve as a federal judge in Dallas-Fort Worth since the late Sarah T. Hughes, who retired from the active federal bench in 1975. She received a Distinguished Alumni Award from the SMU Dedman School of Law in 1999 and currently serves on the Law School’s Executive Board. In 1992, Judge Lynn was the first recipient of the Louise B. Raggio Award given by the Women Lawyer’s Association. She was presented the Sarah T. Hughes Award by the State Bar of Texas’s Women and the Law Section in

CLASS NOTES 2006. She also served as 2008-2009 chair of the 4,000-member American Bar Association Judicial Division, having previously served as chair of the National Conference of Federal Trial Judges and the ABA Section of Litigation.

Sobchok Sukarom, Louise Ellen Teitz Cody Wilbanks has employment law. of the 2009 Top 25 Vice President of the testified before been promoted to Changemakers by Supreme Court of a hearing of the General Counsel and J. Winston Krause the Dallas Business Thailand, has been Subcommittee on Corporate Secretary has been appointed Journal. named President of Administrative of Idearc Inc. in by Gov. Rick Perry that Court effective Oversight and the Dallas. to the Texas Lottery Gregg S. Weinberg October 1, 2009. Courts of the Senate Commission. has merged his Judiciary Committee law practice with Paula Fisette the firm of Roberts on the subject of 1982 Sweeney of “Leveling the Play- Kathleen McElroy Markel,P.C., Hous- Dallas received the ing Field and Pro- Mark T. Josephs LaValle has been ton, Texas. State Bar of Texas tecting Americans: was selected for named to the Dallas Gene Cavin Award Holding Foreign inclusion in The Best Business Journal’s for substantial Manufacturers Lawyers in America 2009 list of “Top 25 contributions to Accountable.” 2009. Women to Watch.” State Bar continuing and was selected for legal education and Shannon T. Vale Robert D. “Bob” inclusion in The Best was one of 30 Texas has joined Pirkey Kilgore has joined Lawyers in America women named “Ex- Barber in Austin as Tuggey Rosenthal 2009. traordinary Women a Partner practicing Pauerstein Sando- in Law” by Texas intellectual property loski Agather in San Cynthia Pladziewicz Lawyer. and trademark law. Antonio as a Partner of Thompson Knight practicing labor and LLP was named one

110 SMU DEDMAN SCHOOL OF LAW CLASS NOTES

Angela Braly ‘85 featured in New York Times, forbes, and fortune On Sunday, July 5, 2009, not long after Angela Braly ’85 was presented the Distinguished Alumni Award for Corporate Service by the SMU Dedman School of Law, she told her life story to The New York Times. In the article entitled “Cutting Through the Clutter,” she described growing up as the fourth of five children, working hard, and making her own opportunities. After earning her undergraduate degree in Finance, Braly decided law school was the best next step. In college, she explained, “Whenever I would ask the reason behind a certain business decision, the professor would attribute it to a legal requirement. I didn’t want that to be the end of the story; I wanted to understand why.” Braly enrolled in SMU School of Law in 1982. “I’ve found that a legal background allows you to cut through the clutter and identify the important issues.” Braly learned her law school lessons well at SMU. She began her career in 1985 with Jackson Walker, then went on to a St. Louis law firm, from which she joined Blue Cross and Blue Shield of Missouri as general counsel in December 1997, before becoming its president in 1998. After Wellpoint acquired the company in 2002, she became general counsel of Wellpoint and in June, 2007 became its CEO. Wellpoint ranks 32nd on the 2009 top Fortune 50 list of compa- nies, and Angela Braly is number 8 on the 2009 Forbes list of 100 most powerful women. CLASS NOTES CLASS

1983 1984 and Acquisitions Angela Braly told for Outstanding - Exit Deal Terms her life story to The Contributions Eric M. Khein and Strategies” New York Times, in Professional has purchased an at the Practising which was pub- Services from the office building in Law Institute’s lished on Sunday, Greater Dallas Asian Belleville, Illinois “Advanced Venture July 5, 2009, titled Chamber of and has relocated Capital 2007” event. “Cutting through Commerce. his law firm to that the Clutter.” Braly location. Rhein also Connie Miller was ranked #8 on Bruce A. Stockard teaches Criminal has joined King & Forbes magazine’s has joined Bell Justice at Southern Spalding’s Charlotte 2009 “World’s Most Nunnally & Martin Illinois University at office as Partner. Powerful Women” as Partner. Edwardsville. list. Joseph D. “Chip” 1985 Siriporn Chaiya- 1986 Sheppard, III was George Bennett suta, who serves as named 2008 Finalist and wife, Catherine, Charla G. Aldous the General Counsel Richard P. Bobowski for Missouri Lawyer welcomed a daugh- has earned the 2008 of Chevron Asia has joined Friedman of the Year by ter, Madeleine Ann Trial Lawyer of the South Ltd., has been & Feiger LLP. Missouri Lawyers Bennett, into their Year award from the named the #2 Most Weekly. family on May 3, Texas chapters of Sally Crawford was Outstanding elected 2009 Chair 2009. the American Board In-House Legal of Trial Advocates. of the Dallas Bar Counsel in the Association Board of Jack D. Ballard has Asia-Pacific, by Directors. Wilson Chu, who Asian Legal has joined K&L formed Ballard & Littlefield LLP with Business magazine. James Robert Griffin Gates LLP as a was selected for partner, addressed Donald R. Littlefield Michele Wong has (‘86). inclusion in The “Current Mergers received the Award Best Lawyers in

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Jennifer Evans Morris ‘99 Elected President of Texas Young Lawyers Association In May 2009, Jennifer Evans Morris ‘99 was elected President of the Texas Young Lawyers Association (TYLA) to serve from June 2010 until June 2011. She is a partner at Carrington, Coleman, Sloman & Blumenthal, L.L.P. in Dallas where she practices complex commercial litigation. She served as TYLA secretary in 2007-08. Morris has been an active member of the TYLA Board of Directors and Dallas Association of Young Lawyers Board of Directors since 2004. She has served on the Community Partners of Dallas Executive Committee and Board of Trustees since 2003 and is a member of the grant committee of the Dallas Women’s Foundation. Morris earned both her B.A. and J.D. from Southern Methodist University.

America 2009. General Counsel for 2009 and has been las as Vice President received, along with Tenaska Energy, named to the 2009 and Assistant Jeremi Young, the Donald R. Littlefield Inc. He will cotinue Legal Elite list by General Counsel. first ever “Cy Pres: has formed Ballard to serve as Vice Virginia Business Impact on Justice & Littlefield LLP President and magazine. Bradley W. Foster Award” in recogni- with Jack D. Ballard General Counsel for has joined Andrews tion of the cy-prés (‘85). Tenaska Marketing. David S. White Kurth LLP’s Dallas donation of has been honored office as a Partner DeMetris Sampson $230,160 to the Catherine A. by LexisNexis for in the litigation Texas Access to

CLASS NOTES has received the Nichols has having a Top 50 section. Justice Foundation. Real Estate Council’s joined TCI Wealth Blog in the field of President’s Award. Advisors as their insurance. J. Jeffery Johnston Mark M. Sloan has Chief Operations has won second been elected to Officer handling place in the Texas serve on the Man- Bar Journal 2009 1987 compliance, human 1989 agement Committee resources, and Short Story Fiction for 2009 in the real William A. Bond has James J. “Jody” Writing Contest been named Partner organizational estate and banking development. Scheske has been for his story section for Thomp- at McDonald, named Partner “Marsdenbia.” Fleming, Moorhead, son & Knight. in charge of Akin Ramona Martinez Ferguson, Green, Gump Strauss Hauer Katherine Staton Smith, Blankenship, 1988 received a 2007- spoke at the Embry- & Feld’s Austin 2008 State Bar of Heath & de Kozan, Mary A. McNulty office. Riddle Aeronautical LLP. Texas President’s University’s 20th has been elected to Award for her Susan E. Coleman serve on the Man- Anniversary Avia- work as a founding tion Law & Insur- has been named a agement Committee 1990 member of the 2008 Great Woman for 2009 in the tax ance Symposium Van Beckwith Dallas Diversity Task and moderated the of Texas by the Fort section for Thomp- Force. Worth Business son & Knight, and was named a North Dallas Cham- Press, and has been has been elected Top-Defense Jeff Rasansky has ber of Commerce’s recognized as a Secretary of the Lawyer in the published “Prevent- “Beyond the Wright “Top Attorney” by State Bar of Texas DFW Metroplex for ing, Discovering and Amendment: The Fort Worth, Texas Tax Section. 2009 by the Dallas Acting on Claims New Love Field Business Journal. of Daycare and Terminal.” magazine. J. Scott Sexton Cynthia S. Buhr has Childcare Abuse,” a Drew Fossum has was selected for guide for identifying been named Vice inclusion in The Best joined Plains Capital Corporation in Dal- and preventing day President and Lawyers in America care abuse, and has

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1991 Vice President Robert J. Witte has Crain’s Chicago Arizona. He married and Assistant been named as one Business “40 Under Dubravka Milas, Vicki D. Blanton General Counsel of of the 2009 Ten 40” list. MD and has three has joined American The Western Union Outstanding Young children: Thomas Airlines as Senior Compnay, based in Americans by the Luke, Matea Laura, Benefits Counsel Vienna, Austria. United States Junior 1995 and Leia Maria. in the legal Chamber (Jaycees). department. Frank C. Fleming The presentation Jamil N. Alibhai was has joined the LaDawn Conway of the 71st annual named a Top- 1996 probate section of black-tie awards Defense lawyer in has opened a new Baron & Budd, P.C. branch of Alexander ceremony was held the DFW Metroplex Luis Bartolomei Dubose Jones and David M. Love, III September 26, for 2009 by the has formed Reyes Townsed LLP. has joined Spencer 2009, in Orlando. Dallas Business Bartolomei Browne, Stuart as a Consul- Journal. with Angel Reyes III Lori Murphy of and Spencer tant. Ron Chapman, Jr. Tollefson Bradley 1994 Browne ’03. Ball & Mitchell, LLP was named a has been named Kirsten M. Top-Defense Ashley Harden Partner. 1993 Castaneda has been Lawyer in the was named Chief elected to serve DFW Metroplex for Deputy General Steven E. Ross has Charla Bradshaw 2009 by the Dallas Counsel at the Texas Conner has joined on the Executive been named head Committee of the Business Journal. Comptroller of of Gardere Wynne Koons, Fuller, Public Accounts.

American Bar Asso- NOTES CLASS Sewell LLP’s intel- Vanden Eykel & Erin Nealy Cox Robertson PC as a ciation’s Council of has joined Stroz David T. Norton lectual property Appellate Lawyers practice group. result of Gregory & Friedberg as with Shackelford, Connor PC’s merger for 2008-2009. Managing Director Melton & McKinley Martin M. Van with Koons, Fuller Michael R. Cramer and Deputy General in Dallas has been Brauman has as the firm’s Denton has joined Bailey & Counsel, and was elected Chairman of become the Chief office. Galyen in Dallas as selected as one the Aviation Section Legal Officer, Senior a Senior Attorney in of Dallas-Fort of the State Bar of Vice President, Cor- Collin J. Hite was Worth’s “40 Under Texas, and serves as elected as a Member the business litiga- porate Secretary, tion practice. Forty” by the Dallas the Chairman of the and a Member of the of the Virginia Business Journal National Business Board of Directors Association of Melissa Drennan - entrepreneurs Aviation Asso- of Zion Oil & Gas in Defense Attorney’s has joined PepsiCo, and executives ciation’s Domestic Dallas. Board of Directors Inc. as Division who have already Operations Com- for a 3-year term. Counsel to the achieved significant mittee. Simon Whiting Business Solutions business success has become Board Chia-Yi Hsieh was Anthony C. Odiorne a Judge in Taiwan, Group. and poised for much Certified in labor more. was the former and employment and is now pursu- Matt Henry has Chief Public law in Texas. ing his studies in been hired at John S. Gray Defender for IU-Bloomington Vinson & Elkins in received a Distin- Wichita County. He School of Law. their Dallas office as guished Law Firm is now an Assistant 1992 Albert Tan has a Partner. award at the 10th Public Defender annual Burton located in Amarillo been awarded the Joel R. Sharp has Ron Chapman, 2009 Outstanding Awards. for the West Texas Jr. was named a joined Hunton & Public Defender’s Attorney Achieve- Williams LLP as Tom Tollison is “Top Corporate ment Award by the Office. Defender” by the a Partner in the serving as the Asian American Litigation & Intel- Senior Assistant Marquette Wolf Dallas Business Law Students Journal. lectual Property General Counsel - has been presented Association at practice. Marketing Group with the John Christopher Fischer SMU Dedman for U-Haul Interna- Howie Award for was promoted to School of Law. Jon Van Gorp has tion, Inc in Phoenix, Courageous Pursuit been named to the

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of Justice in the Face Otto Arturo Joerg certified as a Lead- Jennifer Evans 2001 of Adversity by Leopold Heppe, July ership in Energy Morris has been The Dallas Trial 2, 2009. and Environmental elected President- Natalie Arbaugh has Lawyers Associa- Design Accredited elect of the Texas been named Princi- tion. Curtis E. Smolar Professional by the Young Lawyers pal in the Dallas firm has been added as U.S. Green Building Association and of Fish & Richardson a Partner to Rop- Council. was presented P.C. ers Majeski Kohn a Texas Young 1997 & Bentley’s Catherine Bright has Lawyers Association joined Winstead in Gela Bezhaushvili Intellectual Property President’s Award of Practice in its San 1999 Dallas as an Associ- has been appointed Merit. ate with the wealthy head of the Intel- Francisco office. Chad Arnette has Dena DeNooyer preservation ligence Department joined Kelly Hart & practice group. of the country of Hallman as Partner. Stroh has become Georgia. 1998 President of the Noelle Garsek has Allen Dikey has Dallas Association of been elected an Faust Bowerman Richard Cortez, Jr. joined the finance Young Lawyers. Income Shareholder has joined Hawkins has joined Hunton group of Munsch at Winstead P.C. Delafield & Wood & Williams’ Dallas Hardt Kopf & Harr LLP as Tax Partner. office as an Associ- PC as a Senior At- 2000 Michelle Hartmann ate. torney in the Dallas of Weil Gotshal was Pamela Bridges has office. Jennifer Knott has named a Rising Star been recognized Scott H. Kimpel has joined Cherry, by Texas Monthly by Texas Attorney joined the Securities Steve Dollar Peteresen, Landry & Magazine for 2008. General Greg and Exchange Com- has been named Albert LLP. Abbott as Assistant mission as Counsel Senior Associate Barrett Howell Attorney General of to Commissioner at Fulbright & Laura C. Mason has been elected the Year. Troy A. Paredes. Jaworski L.L.P. in has become a President of The CLASS NOTES their Dallas office. Shareholder in Op- PLAN Fund, a Lakresa MeCole Tonya Parker penheimer, Blend, Dallas-based non- Brown has been was elevated to Omar Galicia was Harrison and Tate in profit, microfinance appointed by Partner at Gruber named Partner in San Antonio. lending organiza- Walmart as its Chief Hurst Johansen Dallas at Wilson tion, and has joined Diversity Officer, Hail L.L.P. Elser Moskowitz Aaron Tobin has Winstead PC in the responsible for Edelman & Dicker been appointed Gabe Reed has Corporate Securi- the oversight and LLP. as Head of Intel- ties/ M & A section. coordination of the been organizing lectual Property and diversity strategy and promoting the Horacio Garcia Copyright Practice Judd Leach has been for Walmart’s U.S. South American Masi has returned to at Anderson Jones selected to join the business. stadium tour for his native Argentina PLLC, and has been Real Estate Coucil of the legendary with his wife Belen named Director Austin’s 2009 Lead- Michelle R. Brown rock band KISS. and two daughters of the Dallas As- ership Development has been named Catalina and Juana. Julie B. Steamer sociation of Young Council class. Partner at Jones Day. Lawyers. has joined Akerman Rosario Chachy William J. Moore Michael J. Fogarty Senterfitt as Of Segovia Heppe Peter S. Wahby has has joined Munsch has started his own Counsel. and Hansjoerg been named Share- Hardt Kopf & Harr, firm, Fogarty, L.L.C Heppe (‘97) have Richard J. Wallace holder at Greenberg PC as an Associate where he practices announced the Traurig LLP. in the Litigation/ intellectual property has joined Scheef & birth of their son, Stone, L.L.P. as Dispute Resolution law. Otto Arturo Joerg Brandy N. Williams practice group. a Partner. Leopold Heppe, July has joined the New Hansjoerg Heppe 2, 2009. Rosario also York City office of Thomas Reger, II and Rosario Chachy William R.“Bill” Weinberg has was named Senior Bickel & Brewer. has been named Segovia Heppe (’99) Director for Fluor Principal in the have announced the become the first Texas attorney to be Corporation. Dallas firm of Fish birth of their son, & Richardson P.C.

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Lindsay M. Germano ’04 Named Pro Bono Lawyer of the Year The Dallas Volunteer Attorney Program (DVAP) presented the Pro Bono Lawyer of the Year Award to Lindsay M. Germano ’04 at its annual awards reception in October 2008. Germano donated more than 500 hours to the Dallas Volunteer Attorney Program during a 12-month period. She served as a Lend-a-Lawyer in 2007, working three months in the DVAP offices serving pro bono clients. Germano is an associate with Weil Gotshal & Manges currently practicing out of the firm’s Hong Kong office. She received her J.D. cum laude from SMU Dedman School of Law in 2004 where she was President of the SMU Law Review Association. She received her B.A. cum laude from Rice University in 2001.

K.D. Shull has Petersen, Landry & Achiever award, 2003 Renee S. Strickland joined FutureWei Albert in Dallas as and has become an has co-founded Technologies Inc. as an Associate. Adjunct Professor Mario E. Aleman Mockingbird In-House Counsel. of renewable energy has joined Morgan Sortware LLC NOTES CLASS Dyan M. House for the McDonough & Morgan in their to develop legal Stephanie has joined Munck School of Business International iPhone applications. Yarbrough has Carter, P.C. at Georgetown Division handling The Apple iPhone been appointed to corporate matters. Brent T. Huddleston University. store has published the S.C. Venture Mockingbird’s Capital Authority has joined Bell M. Seth Sosolik John Preston Baker Nunnally & Martin has become a Part- searchable-content Board of Directors has joined Kroney versions of the by the S.C. as Partner. Morse Lan PC as ner with Burford & Ryburn LLP. Texas Rules of Civil Sheryl Kao has an Associate. Procedure, Ap- Senate President been appointed Jason A. West has Spencer Browne pellate Procedure, Pro Tem Glenn to the Board of has formed Reyes and Evidence, and McConnell. opened Jason A. Directors of Dress West & Associates, Bartolomei Browne, the Texas Code of for Success Dallas. PC in Longview. with Angel Reyes, Criminal Procedure. III and Luis Barto- 2002 Jennifer M. Perkins Kristen M. Wilson lomei ’96. K. Nicole Voyles has joined the and Jacob Wilson has been named Jessica Brown has public interest law have welcomed Stephen M. Gerdes, Principal in Webb been appointed as firm the Institute their first child II was selected to & Voyles P.C. Head of Entertain- for Justice. Jacob Benjamin Wil- participate in the ment Law Practice first State Bar of Alan Rosenberg son II on April 16, at Anderson Jones 2009. Kristen is an Texas Leadership 2004 PLLC. has joined Stuber, class for 2008-2009. Cooper, & Voge, Attorney at Wyatt, Tarrant & Combs, Luke E. Alverson David de la Torre PLLC in Frisco as Kirk McKinnon has has accepted the has joined Ernst an Associate. LLP in Memphis. taken a position Jake is a Corporate position of Senior & Young in Peru with International Securities Counsel dealing with oil & Stephanie M. Smith Attorney at FedEx Justice Mission as was selected by in Memphis. with Flowserve gas, mining and Director of Founda- Corporation in energy transactions. Texas Tech Uni- tions versity’s College of Irving, Texas. W.R. “Trey” Dyer, Human Sciences for Shanna Nugent has Katherine B. Bandy III has joined the its Distinguished joined David Good- has joined Cash firm of Cherry, Alumni New man & Madole P.C.

T H E Q U A D 115 CLASS NOTES

THAILAND ALUMNI GATHERING

CLASS NOTES Dean John B. Attanasio and Professor Christopher Hanna meet with a group of alumni from Thailand on a Spring 2009 visit.

Klemchuk Powers Nicolyn Garza President’s Award of Jonathan Childers Melissa S. Hayward Taylor LLP as a Harrison has joined Merit. has been named has received the Litigation Associate, Richie & Gueringer as Director of the Dallas Housing Crisis and has been named a Commercial Litiga- Craig Pritzlaff Association of Young Center’s Jean Director of the Dallas tion Associate. has joined Curran Lawyers. Shepherd Award Association of Young Tomko Tarski, L.L.P. for being its 2009 Lawyers. Tyron (Ty) Hoover is in their Environmen- Timothy Darley of Pro-Bono Volunteer serving as Executive tal Section. National Teachers Attorney of the Year. Chip Brooker has Director of World Associates Life Ins. been named Trea- BioBank. Katherine H. Stepp Co. and John Greco T Nguyen of the surer of the Dallas has joined the firm ’05 of Touchstone, Turley Law Firm was Association of Young Sarah Kownacki has Deans & Lyons LLP as Bernays, Johnston, named a Rising Star Lawyers. been presented Texas an Associate. Beall, Smith &Stol- by Texas Monthly Young Lawyers Asso- 2005 lenwerck, LLP have Magazine in March Scott F. Ellis has ciatsion’s President’s been elected officers 2009. joined Bell Nunnally Award of Merit, and Quinn Baker has of the North Texas & Martin as Senior has been named joined Cox Smith Association of Insur- Clifton A. Squibb has Counsel. Secretary of the Matthews as an ance Counsel. formed Hamilton & Dallas Association of Associate. Squibb with Rhodes Lindsay Germano Young Lawyers. Jessica Ehrlich has W. Hamilton. has been recognized Yesenia Cardenas relocated to New as the 2008 Pro Bono Kristy Piazza has has joined Kane Rus- York City to work as Lawyer of the Year by been presented sell Coleman & Logan a Legislative Analyst the Dallas Volunteeer Texas Young Lawyers PC as an Associate. at Bloomberg Law. Attorney Program. Associatsion’s

116 SMU DEDMAN SCHOOL OF LAW CLASS NOTES

2006 2007 Christopher L. at Weil, Gotshal Evans has been & Manges LLP. Adam Biggs Matthew Brysacz added as an Associ- has joined the has joined Cox Smith ate at Weil, Gotshal Stephanie Smiley Albritton Law Firm Matthews as an & Manges LLP. has been hired at in Longview in the Associate. Greenberg Traurig patent litigation and George Finney has LLP’s Dallas office as other complex civil Jonathan L. Howell been published an Associate in the litigation division. has joined Munsch in the June 2009 litigation practice Hardt Kopf & Harr in edition of the group. Ashley Dawn Dallas as an Associ- University of Bowline married ate with the firm’s Florida Technology Melanie Spriggs has Chase Russell on reorganization and Law Review with joined the firm of May 16, 2009. his paper “The Jackson Walker LLP corporate finance as an Associate Lauren A. Cook Evolution of the GPL practice group. and Contributor in the litigation has accepted an section. Assistant District Jennifer R. Lan Agreements in Open Attorney’s position has joined Kroney Source Software” D. Michelle Vincent with the Kaufman Morse Lan PC as an and he taught a Parker has joined County District Associate. graduate level Thompson & Attorney’s office. course in the En- Knight’s Real Estate Michael Ma was gineering School’s and Banking Prac- hired as an Associate Lloyd A. Lim has Computer Science tice Group in Dallas. NOTES CLASS joined Winstead PC. at Burford & Ryburn program “Special LLP. Topics in Open Meyling Ly has been Source Software named Director Heather Morgan was hired as an Licensing,” and he of the Dallas As- has been named as sociation of Young Associate at Burford & Ryburn LLP. SMU’s Information Lawyers. Security Officer. Lindsay K. Martin Michele Sheets was hired as an Lincy George has has relocated to the been named DBA New York office of Associate at Burford & Ryburn LLP. Representative McKool Smith as an of the Dallas As- Associate. Elizabeth Wilson sociation of Young Jim Mueller has been has been named Lawyers. named an Associate DHBA Representa- tive of the Dallas Richard Kreminski at the Dallas office has been named the of Goranson, Bain, Association of Young Lawyers. Dean of the College Larsen, Greenwald, of Science and Maultsby and Siera Wuinonez has Mathematics at Murphy PLLC. joined Winstead Colorado State PC as an Associate University - Pueblo. Whitney Whitehead in the Finance and has joined Payne Banking section. Summer L. Mendoza Mitchell Law Group has joined Tollefson as an Associate. Bradley Ball & Mitchell, LLP in Dal- 2008 las as an Associate. Cole Bredthauer has Jill D. Meyer been hired at Cantey has been added Hanger LLP as an as an Associate Associate.

T H E Q U A D 117 118 SMU DEDMAN SCHOOL OF LAW T H E Q U A D 119 Southern Methodist University SMU Dedman School of Law Office of External Affairs P.o. box 750116 Dallas, TX 75275-0016 (214) 768-3341

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SMU Dedman School of Law maintains a highly prestigious international alumni base, with graduates in some of the top positions in business, legal practice, the judiciary, and government.

Somanahalli Mallah Krishna ‘59 SOBCHOK SUKHAROM ’81 Minister for Foreign Affairs, India Supreme Court President, Thailand

S.M. Krishna ’59 took office as India’s Minister for External Affairs in May 2009 and Sobchok Sukharom ’81 was appointed as President of the Supreme Court of Thailand for a two year term beginning in October 2009.