University of Wisconsin Law School Forum RGOYL Volume XX Number 3. Winter/Fall 1989/90

Dean Thompson Resigns 2 1989 Distinguished Service Awards 3 Chief Justice Nathan S. Heffernan Joseph E. Davies Philip F. LaFollette Law School Clinical Programs: Legal Assistance to 8 Institutionalized Persons, Prosecution, and Legal Defense Project

Alumni Support for Law Library 13 UW-Law Olympian-Joe Bersch 14 Carol O'Rourke Law School Hosts Judicial College 15 Prof. Stephen Herzberg Wins Award 16 New Faces in the Faculty 17 Linda Greene Rennard Strickland Ed Park Faculty Notes 19 \lumni Notes 22 ~ditor's Note 23 \1ystery Picture 23 Readership Survey 24

Bulletin of the University of Wisconsin ISSN 0148~9623 USPS 768-300 Law School, published quarterly. Cover Photo: Edward J. Reisner, Editor You know winter is approaching when the ~arl J. Madden, Design polar bears begin crossing Bascom Hill from their summer quarters in the Engineering Jublication office, Law School. School. University of Wisconsin, Madison, WI. 2

ean Thompson Resigns Editor's note: Perhaps by now you have heard the sad news sonal commitment to the Law School alumni association, that Dean Thompson will step down as dean next summer. said John Skilton, 1988-89 chairman of the School's He stunned the faculty on 5 October 1989 with his surprise Board of Visitors. announcement following a "State of the Law School" talk. "Cliff has done a very good job of bringing alumni The faculty's first question was, fAre you serious?", and then into the Law School," he said. "He enthusiastically suggested that they might not accept the resignation. What became a part of the Wisconsin Law Alumni Association, follows is the text of the press release issued by the and he took a very personal approach in his dealings with University. alumni. "These kinds of day-to-day things were a trademark aw School Dean Cliff Thompson announced his of his. I believe that, because of his work, alumni organi- resignation on 5 October, saying "new blood" was zations will be able to contribute even more in the needed during a new phase of development at the future." school he had worked hard to improve. Soon after taking office, Thompson recognized that Thompson, 55, assumed the post in August, 1983. His space needs were becoming critical at the Law School term was marked by accomplishments in a host of areas, building, which was constructed to accommodate about including faculty compensation and recruitment, private 650 students, but which served about 900 since 1975. A financial support, and planning for future building needs. consensus has been reached with Law School faculty on Thompson will serve through next summer and then a building plan to add the needed space to the facility take a sabbatical leave. He intends to return to the Law while improving functional and aesthetic qualities. faculty, specializing in property and contracts law, and The project has been given a high priority by campus Third World developments. planners, and Thompson "is hopeful that funding and "All the things I identified to accomplish when I construction can be achieved within a reasonable period started have been pretty well fulfilled with the support of of six to eight years," the chancellor, faculty, students and alumni," he said. "It Other major accomplishments during his term became clear to me that the Law School was entering include: integration of the Law School and UW Exten- another phase, which includes the beginning of a new sion's Continuing Legal Education Program; student capital campaign and the final drive to achieve a new endorsement of a tuition increase to add about $400,000 building addition. That's the time when you need a new a year for Law Library improvements; the recent hiring person at the helm." of a permanent development director to help with annual Added UW-Madison Chancellor Donna E. Shalala: giving; and the faculty's creation of a new Institute for "Cliff Thompson has served this University with distinc- Legal Studies. Thompson gave high priority to keeping in tion, and the Law School made great strides under his touch with students, both by informal contacts and by leadership. Wefre sorry to see him step down, but at the occasionally teaching courses. same time we are grateful for the solid footing he estab- "The quality of the Law School has improved consid- lished for the school:' erably over the past six years," said Jeffrey Bartell, presi- During Thompson's tenure, faculty retention became dent of the Wisconsin Law Alumni Association. It's a a high priority for the Law School, which in the past had tough job in that the dean has a lot of constituencies he a policy of not making counteroffers to faculty being must deal with, but perhaps Cliff's most outstanding courted by other institutions. Changing that policy, along quality is his ability to understand the objectives and with judicious distribution of catch-up pay, helped the motivations of those constituencies and to try and School fend off numerous offers from other leading law satisfy them. schools, Thompson said. "I, like a lot of alumni, will be very sorry to see As a result, Law School faculty salaries, which were him go:' at the bottom of the Big Ten when Thompson became Thompson-a Rhodes Scholar, Phi Beta Kappa key- dean, are now "significantly improved, in comparison holder and 1982 Distinguished Fulbright Scholar-will with both the Big Ten and the rest of the nation," he said. spend his sabbatical writing a book on revolution in the The School also gained in recruitment, particularly of Third World. A magna cum laude graduate of Harvard minority faculty. In January, the Society of American Law College who also won a degree at Oxford University, he Teachers recognized the UW Law School with its annual has taught in the Sudan, Zambia, Ethiopia, New York, award for "genuine commitment to affirmative action" Texas and Hawaii. in faculty hiring. Before arriving at UW-Madison, he was dean at the In an era of scarce resources, the Law School raised University of Idaho Law School for five years. Before over $6 million during an endowment fund drive that that, he was dean and professor of law at the University originally had a goal of $3 million. Alumni annual gift- of Hawaii. giving, which had been about $75,000 per year, has more He will continue as dean of the Law School through than doubled during Thompson's term as dean. the summer of 1990. A major reason for the success was Thompson's per- 3

istin ished Service Awards-1989 At the 46th Annual Spring Program, in April, three Distinguished Service Awards were conferred on alumni by the Wisconsin Law Alumni Association: Wisconsin Supreme Court Chief justice Nathan S. Hef- fernan ('48), Joseph E. Davies (1894) and Philip R LaFollette {'22}. The presentations to each is reprinted here, together with Chief justice Heffernan's acceptance. We are proud to have alumni like these, and are please to add them to our list of Award winners.

Presentation to CHIEF JUSTICE NATHAN S. HEFFERNAN by Hon. John W. Reynolds It is an honor for me to be called upon to present this Distinguished Service Award to Nathan S. Heffernan. Nat and I have been close friends for over a half a cen- tury. We have gone to school together, we Chief Justice Heffernan and U.S. District Judge John Reynolds worked together, we travelled together, (Photo by Daniel Flaherty) we drank together, and, most importantly of all, we solved the problems of the his own, I don't know. But I do know, boygan. His next assignment was as She- world together. Therefore, what I have to because I too lived in Badger Village, that boygan City Attorney. Here he found say today is not objective but it is every night when Dorothy would come himself in the midst of one of the most truthful. home from teaching, she would sit down bitter strikes in the history of the Ameri- Nat as an undergraduate at this uni- and type Nat's notes. She did this in can labor movement. As city attorney he versity was bright, enthusiastic and order to help "Natty," as she always demonstrated a lifelong facility to get active in campus affairs. He developed a called him, do better. So I think we have along with conflicting forces. He got love for this school which he has main- to pay tribute to Dorothy for Nat's along well with the union and with the tained ever since. He received his B.A. achievements. I don't think he would Kohler Company which in those days here in 1942 and thereupon joined the have done it without her. was quite difficult. Navy as a supply officer. His naval expe- Nat finally graduated and he and In 1959, Nat came to Madison to serve rience was enriching: his roommate was Dorothy moved to Madison. I was still as deputy attorney general, and we the ship's doctor who had control of all here working in the Attorney General's worked together in that office. He was the alcohol on the ship. The doctor had Office. The Heffernan home was a center highly regarded by the staff and, in fact, the mistaken belief that if he never drank of fun and activity for all his friends. was in charge of running that office. This alone he would never become an alco- Nat joined Governor Rennebohm's allowed me, as the attorney general, to holic. Nat did nothing to disabuse the staff, and he and the governor remained go out and save the country. We both did doctor of that belief. friends throughout the governor's life. an outstanding job in our assignments. After the war, Nat married Dorothy The fact that Nat was on the Republican Nat has always been active in politics. Hillemann of Sheboygan where Nat had Governor's staff has held him in good It is an interest we have shared. During grown up. The two of them moved to standing ever since. The Republicans the 1950's he was active in the anti-Joe Badger Village where a number of us, have felt that he isn't quite as liberal as McCarthy movement and was one of the who were law students, lived at the time. he really is. At the conclusion of the Ren- sponsors of the "McCarthy Record," writ- Dorothy taught school and Nat began law nebohm administration, Nat and Dorothy ten by one of his close friends, Charlie school. Dorothy was then, as she is now, went to Sheboygan where Nat practiced Runge. In 1960 and 1961he was the a tremendous help to Nat. She was not law, and they had three children, Kate, chairman of the Democratic State Con- only his wife and the mother of his chil- Mike, and Tom. vention. Both of those conventions were dren but also his provider and nurse- In Sheboygan, Nat ran for district riotous ones, and Nat had his hands full maid. In fact, she mothered him and, in attorney on the Democratic ticket. He keeping order while Jeanie Lucey, the fact, she still does. lost the election and was promptly wife of Pat Lucey, led the revolt against In law school, because of Dorothy's appointed as an assistant district attorney what she claimed were the dictatorial work, Nat was elected to the Order of by the Republican victor, who happened methods of Heffernan, Reynolds, Lucey Coif. Perhaps he could have made it on to be John Buchen, now a judge in She- et al. Life is very strange. 4

In the 1960 election Nat supported should be required to go to school Adlai Stevenson. When the Democratic beyond the eighth grade. The State Party deadlocked over selecting the U.S. Nat loved the teaching of law. He Supreme Court held "no," they don't Attorney for the Western District of Wis- have to be educated. The United States consin, Nat proved to be the solution to gave it up only when he assumed Supreme Court affirmed that decision. that problem. As U.S. Attorney he devel- the responsibility of Chief Justice Nat wrote the dissent in our court indi- oped a close personal friendship with the cating that unrepresented children have U.S. Attorney General, Robert Kennedy. of the Wisconsin Supreme Court. a right to an education and it should not In 1964, he went to the Supreme Court As a justice and now as the chief be denied to them under the guise of reli- of Wisconsin where he has served ever gious freedom, since. I believe it is in that capacity justice, he has had an opportunity In State v. Milwaukee Braves, [31Wis. where he has made his greatest contribu- to contribute to the development of 2d 699, 144N.W.2d 1 (1966).]the ques- tions to this state and to this nation. tion was whether baseball is subject to I want to mention his association to the common law of this state. state antitrust law. Justice Fairchild legal education. He lectured on munici- wrote the majority decision, and Nat pal corporations at the Law School for wrote the dissent. Who was right? I don't three years in the early 1960's. He taught know. But I believe that the United appellate procedure for 12 years starting [26 Wis. 2d 617,133 N.W.2d 408(1965).] States Supreme Court has recently held in 1971.In addition to teaching at the rejected the old common-law rule based in California v. ARC America University of Wisconsin, Nat has taught upon the location of an accident and Corp. [ U.S. ,109 S.Ct. 1661 (1989).] for 15 years at the Appellate Judges Semi- moved to the "center of gravity" theory. that state antitrust laws are not pre- nar at New York University Law School This has become a leading decision in empted by federal laws. and numbers among his students two jus- our nation and, I must say, when I I am from Door County, a very pre- tices of the United States Supreme Court: became a judge it was probably the first cious area of the state, so I followed with Justice Stevens and Justice Kennedy. case I had to study, and I am still study- great interest the question in Wisconsin Nat loved the teaching of law. He gave ing it a little bit. Environmental Decade Inc. v. DILHR Dept. it up only when he assumed the responsi- We have a completely new system of [104Wis. 2d 640,312 N.W.2d 749 (1981).J bility of Chief Justice of the Wisconsin criminal law in the state. Nat played his The question was whether DILHR could Supreme Court. As a justice and now as part in its development, and he had a require an environmental impact state- the chief justice, he has had an opportu- specific role in defending the rights of all ment before allowing the construction of nity to contribute to the development of individuals, including criminals. I know the largest holding tank in the history of the common law of this state. He has this is at times not politically popular. He the State of Wisconsin. I think it is been on that bench for 25 years, and dur- also set out to correct one of the greatest 250,000 gallons. The majority said "no," ing that time the changes in the law have evils in our society: the unbridled, you don't need an impact statement, and been monumental. I think that the young uncontrolled discretion that sentencing Nat dissented. In his decision he lawyers do not realize how much we judges had over defendants. There is no described the majority opinion as "the have changed, all of us-the practition- question that in any system of law there lawless making lawlessness lawful!' ers, the professors, and the judges. should be some right of appeal. In the In preparing these comments, I asked I am going to cite a few of the cases state of Wisconsin, because of McCleary Nat's former law clerks for their experi- that he was on, that are worth mention- v. State, [49 Wis. 2d 263, 182 N.W.2d 512 ences. They remembered fishing with ing. In the area of the first amendment, (1971).]the sentencing judge must place Nat, playing with his dogs, and drinking Nat wrote the decision in Newspapers Inc. on the record his reasons for the sentence his martinis. Throughout them all, there v. Breier. [89 Wis. 2d 417,279 N.W.2d 179 he imposes, permitting appellate review is a general theme of a great admiration (1979).]Breier was Chief of Police in Mil- of that sentence. I regret that we never for his intellect, his charm, and his waukee. We had a lot of "law and order" did this in the federal system. commitment. when he was Chief. In any event, that In the civil rights area, when Nat On behalf of the Alumni Association decision required the public disclosure of came on the court, no one could enforce and all of us present here today, I would the daily arrest records. Before that time his U.S. Constitutional civil rights in Wis- like to take this opportunity to present to they were secret, and now, throughout consin courts. At least they couldn't use Nat the 1989Distinguished Service the state, people have the right to know the civil rights provided for them in the Award for his service in the area of teach- who has been arrested. United States Constitution. That is hard ing, in the area of judging, in the area of In another case, State ex rel. LaCrosse to believe, but it is true. In Terry v. Kolski, the private practice, and also in the area Tribune v, Circuit Court, [115Wis. 2d 220, [78Wis. Zd 475, Z54 N.W.Zd704 (1977).] of public politics. 340 N.W.2d 460 (1983).]Nat's decision Nat wrote for the Wisconsin Supreme Nat, congratulations. required that the voir dire in the selec- Court that people who are denied their tion of a jury be open to the press unless constitutional rights under the color of 1989 Distinguished Service Award to there are compelling circumstances to state law had the right to go into the state close it. In close circumstances the press courts and enforce civil rights claims CHIEF JUSTICE NATHAN S. is entitled to a transcript of the pro- based on 14 U.S.C. sec. 1983. Prior to that HEFFERNAN April 29, 1989 ceedings. they had to go to the federal court. In the area of women's rights, it Nat's opinions that are the most fun to Acceptance by Chief Justice Heffernan: wasn't until 1975that our court, in Podell read are his dissents. It's harder to write v. Kruzel [67 Wis. 2d 138, 226 N.W.2d 458 a dissent, and he has written quite a few I am of course torn between modesty and (1975).]decided that a woman had the of them, as his colleagues here today will veracity. Being a judge, however, I am right to keep her maiden name when she testify to. One of his early dissents was sworn to the truth and, therefore, I will got married. in the Amish case, State v. Yoder, [49Wis. not disclaim the accolades that you have In the area of conflicts of law, his 2d 430, 182N.W.Zd 539 (1971).]The ques- just bestowed. I accept them with gratifi- decision in the case of Wilcox v, Wilcox tion was whether or not Amish children cation and also with some degree of 5

humility, for, on an occasion such as this School. So we had a law library-access one, praise is likely to be somewhat over- to not only the Wisconsin Reports but a effusive. In many ways teaching was the number of standard texts. To get back to But I especially appreciate that the Dorothy, Dorothy was, in a sense, my presenter of the award is my near-life- best experience of my career. It is first law clerk. When she would have an long friend, John Reynolds. John and I satisfying to teach-not only hour off from managing a hundred kin- met as undergraduates during freshman dergarten kids, 50 in the morning and 50 week in the fall of 1938. Our friendship because of the opportunity to pass in the afternoon, she would go into the has continued for over 50 years. We were along knowledge to students, but library out there and brief the cases that undergraduates and law students were assigned by our teachers. She together. I would like to say that we fre- also because teaching enforces the would have the briefs for me to read, and quently studied together and also fre- discipline of the subject upon the she would perform the functions of a law quently caroused together, but only part clerk. She typed my notes, and when she of that statement would be true. teacher. If you want to know a would read my notes or the comments of When John Reynolds ran for Attorney subject teach it. the professor, she would indulge in her General in 1958, I worked on his cam- own critique about whether that profes- paign. He later appointed me as his dep- sor really understood that case or not. I uty. I think it is a test of our friendship certainly owe a great deal to Dorothy. In that, after having him as a boss for three those days, in addition she was support- years, we emerged as being even better ing me so well as a school teacher, that friends. He was a great person to work Dorothy's help and inspiration. In fact, I we were paying the highest rent in for and a great Attorney General. I think probably would not have graduated at all. Badger Village. that in a lifetime none of us will be I should point out that after the War I I also thank the Law School for the blessed with having more than a very repeated Herbie Page's contract course opportunity it has given me to teach from few true friends, friends who can be and did much better, but only after time to time since graduation. I have called upon under all circumstances. Dorothy attended class with me and met taught Municipal Corporations, had a John is one of these very few in my life. Professor Page. He put her in the front short stint at Torts, and taught Appellate In 1962 I became United States Attor- row and obviously concluded that a stu- Procedure and Practice for about 12 ney for the Western District of Wiscon- dent who had the good sense to have years. In many ways teaching was the sin, and John Reynolds was elected Gov- such an attractive wife deserved good best experience of my career. It is satisfy- ernor, and in 1964, when a vacancy grades. ing to teach-not only because of the occurred, Governor Reynolds appointed As I stated, a number of us were veter- opportunity to pass along knowledge to me to the Wisconsin Supreme Court. ans. Well, there were a lot of us those students, but also because teaching Accordingly, John I thank you for the days and, when we came back in 1944, enforces the discipline of the subject opportunity the appointment afforded. '45, '46, the Law School redoubled its upon the teacher. If you want to know a I am the "lost class." I started law efforts to accommodate for the loss of subject teach it. school in the fall of 1941, just a couple of time as a result of the War. The faculty I thank the regular faculty for giving months before Pearl Harbor; and had it worked double time to make sure that we me this opportunity and, over the years, not been for the "unpleasantness" that could get through school as soon as we the assistance and friendship they have followed December 7, 1941, I presume I could. I finished five semesters of law afforded me. would have graduated in 1944. school in 18 months. This meant that the I have mentioned that Dorothy was But that is only a presumption. The faculty had no vacations, it meant that my first law clerk. I would be remiss if I way my grades were going in 1941 I they had one day off for Christmas, it did not thank the law clerks I have had might not have graduated at all. Herbie meant that there were so many students since my appointment to the bench. They Page did not consider me his favorite stu- they were sitting in the aisles, but we got have been legal helpers and scholarly dent. I finally did graduate in 1948-a a good education and we graduated in researchers, but more than that they lapse of almost 7 years. One might con- record time. The Law School did its best have been friends, both while we worked clude I was a slow learner. After the War, to make up that time we lost, and two of together and thereafter. I count my for- things were much better scholastically, my colleagues, Rollie Day and Bill Cal- mer law clerks among my very closest mostly because I married Dorothy. She low, were a part of that group immedi- friends. Much of my success lowe to taught school and supported me while ately after the War who were the benefi- them and, of course, to my inestimable we were living at Badger Village, a uni- ciaries of the work of the school faculty. I friend and accomplished secretary, versity student housing project that was am deeply appreciative of that, as I think Bessie Sweet. converted from the Badger Ordinance we all are. Again, I thank the Law School and the plant at Baraboo. My grades improved The Law School accommodated the Wisconsin Alumni Association for this considerably. I can assure you that I law students at Badger by establishing a award. I will attempt to justify the honor would not have graduated without branch library in the Badger Village you have bestowed upon me. 6

Presentation to JOSEPH E. DAVIES Valuation TaxCase which arose out of (1876-1958j the Mellon-Couzens controversy. President Roosevelt appointed Davies by Judge Angela B. Bartell as Ambassador to Russia between 1936- Angela B. Barten CircuitJudge for Dane 38; as ambassador to Belgium and minis- County, is a 1971 graduate of the University ter to Luxembourg in 1938-39; as Special of Wisconsin Law School. She was the recip- Assistant to Secretary of State Cordell ient of the Joseph E. Davies Prize for schol- Hull in charge of War Emergency Prob- arship and contribution to the life of the lems and Policies in 1939-41; and as Law School in 1970. chairman of President Roosevelt's War Relief Control Board between 1942-46. The distinguished career of Joseph E. He was appointed special envoy with Davies stands as a monument to the kind rank of ambassador for President and quality of service that graduates of Roosevelt to confer with Marshal Stalin the University of Wisconsin Law School in May-June, 1943; and as special envoy give to the public. As a lawyer, politician, of President Truman with rank of ambas- diplomat, public servant, aide to U.S. sador to confer with Prime Minister Presidents and author, Joe Davies used Churchill in June of 1945. his talents and training unstintingly to In January of 1942, he published Mis- advance public interests from Watertown sion to Moscow, a book described vari- and Madison, Wisconsin, to Washington, ouslyas "a good and true story, written D.C., to Versaille and Moscow. with exceptional vision and courage" and Joseph Edward Davies was born in as "a mish-mash, unbelievably dull, of Joseph E. Davies Watertown, Wisconsin, on November 29, every opinion, left, right, and center, that has been expressed about Russia in the 1876. He was valedictorian in the Water- Wilson went to Washington, Joe Davies last ten years!' The screen rights to this town high school graduating class of went with him. There, he worked work were sold to Warner Brothers 1894, before entering the University of together with Franklin Roosevelt as two in 1942. Wisconsin where he won further honors of "Wilson's Young Men." He received decorations of the highest as commencement orator, varsity After first declining the position of order from the governments of the debater, student athletic instructor and Ambassador to Russia, Davies accepted a U.S.A., Greece, Belgium, Yugoslavia, Phi Beta Kappa before graduating from position from Wilson as Commissioner of Luxembourg, Santo Domingo, U.S.S.R., law school in 1901.He was president of Corporations and authored a tentative France, Chile, Peru and Panama, includ- his law class and was temporary chair- bill to create the Federal Trade Commis- ing the Medal for Merit, the highest civil- man of the democratic state convention sion. When the FTC was finally created, ian decoration of the United States in the year after his graduation. Davies accepted the chairmanship in 1946. Personally, he was described as "a 1915.During World War I, he was ex-offi- dramatic speaker, and a dramatic sort of cio member of the War Industries Board, person"-handsome, fiery, flashing dark and during peace negotiations was eco- eyes, black brows, [and a] fine profile." As a lawyer, politician, diplomat, nomic adviser to President Wilson at Ver- His character included a "wonderful lack sailles. Davies' service on the FTC con- public servant, aide to U.S. Presi- of self-consciousness, his innocence, his tinued until 1917,after which he was looking upon all men as human beings dents and author, Joe Davies used nominated as the Democratic candidate no matter how exalted their position, his for the United States Senate from his talents and training unstintingly naturalness, his charm." Wisconsin. Joseph Davies died in May of 1958and to advance public interests from Defeated by Republican Irving L. was buried in the Cathedral of S1.Peter Lenroot for the U.S. Senate, Davies Watertown and Madison, Wiscon- and St. Paul in Washington, D.C. opened a law office in Washington with While his views of the Soviet system sin, to Washington, D.C., to Ver- an old FTC colleague. The Davies firm and leadership were viewed critically by specialized in tax cases, advice of bankers sallie and Moscow. some, his words are worth weighing on merger, the perfecting of consolida- again in light of recent geopolitical tions and cases before the FTC, with events: Davies himself gaining a reputation as an "They [America and Russia] both authority on antitrust laws. He first practiced law in Watertown, want the greatest happiness for the great- Joe Davies acted as counsel for the where he served as Jefferson County Dis- est number of people. If their methods Mexican government in 1920,and later trict Attorney for four years. He then are different, that's their business. My acted in a similar capacity for the govern- moved to Madison and joined the law wife and I thank God that Franklin gave ments of Peru and Santo Domingo. He firm of Aylward, Davies, Olbrich, and us ringside seats at the greatest experi- was "among the legal brains behind the Hill, where he specialized in trial law. ment in the history of man .... We're He became prominent in local politics, creation of the National Dairy Products both pioneers, young, vigorous. We've and in 1910accepted the position of Corporation;" he successfully defended both got the virtues of pioneers, the same Democratic Committee chairman for Senator Couzens against charges of Slan- concepts of peace, justice, and the broth- der; and in 1925 successfully represented Wisconsin. He was chairman of the West- erhood of man. If we don't win, if we the estates of the Dodge brothers and ern headquarters of the Democratic cam- don't help them, God help the earth." paign for Woodrow Wilson in 1912.When H.H. Rackham in the famous Ford Stock 7

Presentation to PHILIP F. LA FOLLETTE (1897-1965l Phil never backed away from by Gordon Sinyhin, 133 controversies, regardless of the It is fitting that Philip F. La Follette should be recognized for the Distin- odds. In his prime, his courage guished Service Award, and it is a privi- and superior intellect were formi- lege to offer these remarks about him at this time. dable. He never hesitated to blaze Everyone called him "Phil." He new trails. received his undergraduate degree in 1919 and his law degree in 1922 from the University of Wisconsin. He was district Other government reorganization attorney of Dane County in 1925 and measures were adopted, notably that of 1926, and a lecturer at the Wisconsin the Banking Department at a time of Law School from 1926 to 1930. He served widespread bank failures. A comprehen- in World War I and again in World War sive reorganization act for state agencies II, mostly in the Southwest Pacific in the was passed in 1937 but was scrapped by latter conflict, and left military service at a subsequent Republican administration. the end of the war in 1945 as a colonel on Rural electrification, mortgage foreclo- the staff of General Douglas MacArthur. sure mediation, reforestation and other Phil served three terms as governor of conservation programs were undertaken Philip F. LaFollette in 1938 Wisconsin, from 1931-33 and 1935-39. with wide-ranging results. Some received After military service in World War II paign for Governor, which he won. bitter criticism from the conservative he practiced law in Madison, lectured Phil served as the chief executive of opposition, such as the highway program throughout the country, served for a few Wisconsin for six years during the Great to eliminate railroad grade crossings, years as president of the Hazeltine Cor- Depression of the 1930's. America faced later adopted on a national scale. One poration (an electronics company) in the worst peacetime crisis of its history, measure which was fought strenuously Long Island, New York, and then wracked by record unemployment, farm but unsuccessfully by persons of wealth returned to Madison and his law and home foreclosures and business fail- was the repeal of the state income tax office there. ures. Phil attempted to deal with such exemption of corporate dividends, long This summary does not begin to problems by far-reaching economic pro- a tax haven of the rich. describe Phil's many other activities, grams. Felix Frankfurter wrote Phil in Phil was a controversial figure and including the details of his leadership in 1931: "Your Message to the Special Ses- never shied away from proposing "radi- forming the Wisconsin Progressive Party sion of your Legislature is the most hear- cal" ideas. An example was his proposal in 1934 and his efforts in attempting to tening state paper that has come out of during his second administration for a organize a national progressive party. the Depression." comprehensive works program for Wis- Progressives in Wisconsin had made Phil was considered a "radical" by consin known as the Wisconsin Recovery their election campaigns as a faction of conservative forces in Wisconsin, and Program, which was supported by the the Republican Party, and after a meeting some of his major proposals were Roosevelt Administration. After a long in 1934 of Progressive leaders from all defeated in that and succeeding sessions and bitter struggle in the legislature, the parts of the state, it was decided to cut of the legislature. However, he was singu- bill passed the Assembly but lost by one loose from the Republic Party and organ- larly successful on a number of fronts. vote in the Senate. ize a new political party in this state. An unemployment compensation act was I had the privilege of working closely That necessitated obtaining a decision passed-the first of its kind in the United with Phil in his political campaigns, serv- from the Wisconsin Supreme Court on States. A statewide old-age pension sys- ing on his executive office staff while he the requirements for creating a new tem was adopted, a comprehensive and was Governor, and practicing law with party and then launching a campaign to progressive labor code was enacted, and him. While we were both in Manila dur- elect Progressive candidates. The first then legislation was passed which virtu- ing World War II, we agreed to start a election, in 1934, was a smashing suc- ally eliminated child labor. The old Rail- new law firm in Madison after the war. cess. Phil was elected Governor, Robert road Commission was reorganized as the I returned late in 1945, some months M. La Follette, Jr. was elected again to Public Service Commission with wider after he did, and found a small office the United States Senate, and many other powers to regulate public utilities, its furnished and ready for use marked candidates were victorious on the Pro- staff was expanded and experts were "La Follette & Sinykin." gressive ticket. It was a startling develop- recruited from across the country. David Phil never backed away from contro- ment in American politics, but the new Lilienthal was persuaded to give up his versies, regardless of the odds. In his party disappeared from the scene after law practice and accept appointment to prime, his courage and superior intellect World War II. that Commission. He subsequently were formidable. He never hesitated to I first got to know Phil in 1930 as a became a director of the Tennessee Valley blaze new trails. He was dedicated to car- freshman law student in his class in crim- Authority and then chairman of the rying on the Wisconsin Idea and the tra- inallaw. He was different from other Atomic Energy Commission. Looking dition of progressive government pro- faculty members in his teaching method- back upon his Wisconsin experience, moted so assiduously by his father and ology. He would teach by cross-examina- Lilienthal pointed out that "Many of the brother, Robert M. La Follette, Sr. and Jr. tion, asking question after question to best things that were part of the New The Distinguished Service Award is a demonstrate the strength or weakness of Deal ... came out of the minds and memorial not only to his achievements as the student's answers. Unfortunately, he imaginations of the men and women a public leader and chief executive of this had to leave after about a month of the who were around Phil in Madison in state, but also to his constant and unwav- school year in order to continue his cam- 1931-33." ering support of this great University. 8

Law School Clinical Programs: The Legal Assistance to Institutionalized. Persons Program (LAIP) The Prosecution Program The Legal Defense Project (LDP)

The Challenge Tobe an effective lawyer, one must know and teachers in the different programs. how the law operates in action. The clini- The three programs at 913 University The challenge for any law school is to cal programs at 913 University Avenue Avenue are scheduled to permit a produce lawyers who not only know the afford to students and faculty alike, a sequence of clinical experience for the law and how the legal system operates, unique opportunity to study law as actu- interested student. The LAIP Program is but who also have a sense of responsibil- ally applied in a variety of settings. These available to students who have completed ity toward the client, the profession, and inquiries build carefully on topics their first year of law studies. The Prose- the community. Perhaps more important, stressed in law school classes. Closely cution Program enrolls students during first-rate law schools strive to develop supervised study in a focused, "real their second semester of their second inquiring minds so that students, both world" setting provides a number of edu- year and their first semester of their third before and after graduation, will question cational benefits that complement tradi- year. Students in the LDP program have the practices and institutions they tional pedagogical approaches. completed at least half of their law school encounter and continuously search for credits and are typically in their final ways to improve the way clients are year of study. A substantial number of served and the legal system as a whole. The Clinics students, especially those interested in a But a law school of the first rank in a Since 1977, three clinical programs have career in criminal law, participate in two state university of the first rank has a still operated out of a single building at 913 and sometimes all three programs. broader mission. That mission includes University Avenue: The Legal Assistance the development and dissemination of to Institutionalized Persons Program The Legal Assistance to knowledge, as well as direct service to (LAIPl,The Prosecution Program, and the state, so that the quality of life of its The Legal Defense Project (LDPI.The Institutionalized Persons citizens can be improved. proximity of the three programs at 913 Program (LAIP) Legal education involving service to University Avenue has resulted in the the state and the development and dis- creation of a clinical learning center in semination of information to diverse Founded in 1964, the Legal Assistance to the best tradition of law-in-action pro- Institutionalized Persons Program (LAIPI audiences is a reflection of the University grams. Students learn to be better law- of Wisconsin Law School's fidelity to the was the first of the Law School clinics, yers by working directly with clients. and today remains the largest with nearly "Wisconsin Idea:' That tradition, well The state is served by their involvement. described in a turn of the century Chi- one-fourth of all Wisconsin law students And, consistent with the mission of a participating at some time during their cago Tribune article, characterizes the great state university, the legal work quality clinical experience: undergraduate law studies. Like the other leads to the development of knowledge Paradoxically put, the Wisconsin Idea clinics at 913 University Avenue, LAIP and insight that is shared through writ- embodies two of the most well-estab- consists of two distinct and separate ing, advice giving, and direct public ideas. One is that the University ought to lished traditions of the University of Wis- service. serve the whole state, to be helpful to the consin Law School. the "Wisconsin Idea" The student-centered clinical arrange- and law-in-action. people of the entire state, to all sorts and ment allows students (both undergradu- conditions of men and women, as well as The "Wisconsin Idea" is reflected in ate and graduate law students) to work LAIP service to the state, both to state to the [students] sent there to be trained closely with faculty, clinical staff, and and fitted for service. The other correla- government and Wisconsin citizens. The members of the practicing legal profes- program serves the Wisconsin Division tive idea is that the service should be sion to deal with a wide variety of legal direct, vital, and practical as far as possi- of Corrections and the Division of Care problems confronting people involved in and Treatment Facilities, working closely ble, [as by] sending students to study gov- the criminal justice system. The ratio of ernment "in operation," to learn not with staff at all of Wisconsin's State Cor- students to teachers is low so students rectional and Mental Health Institutions. [only] from books, but from actual pro- receive individualized attention through- cesses and concrete examples. The program also serves Wisconsin citi- out their studies in the program. Program zens who are institutionalized and who, The clinical programs at 913 Univer- inquiries build carefully on topics sity Avenue seek to achieve these ambi- as a consequence, are among those who stressed in law school classes, particu- have the least ability to help themselves. tious objectives in the tradition of law-in- larly classes taken by students in their action. Stated simply, the law-in-action The program strives to assist in ways that first year of law school. Housing all three serve both the interests of the individuals tradition reflects the view that the study clinics in one building ensures student of law must include not only the law on and the objectives of the Wisconsin cor- access to clinical faculty and encourages the books, but also the law in operation. rectional and mental health systems. continuing dialogue between students Students are assigned to work in virtu- 9

is service to both state government and citizens. That service, of course, occurs in part as a result of motivating and edu- cating new lawyers, as well as in develop- ing information through research as detailed in the next section. At LAIP, moreover, service to the individual and state is provided directly in the form of legal representation of low-income cli- ents. The service-to-clients objectives of LAIP are to ensure that inmates have received fair and equal treatment during conviction and sentencing, that mental health patients have been properly com- mitted and are able to leave the institu- tion at the appropriate time, and that institutionalized people and their families have access to needed legal assistance. Students provide this assistance, on both civil and criminal matters, under the close supervision of members of the clini- cal faculty. The reaction of people who are served is reflected in the following excerpt from a client letter: You have pulled me up in my attitude towards legal representation for the poor. ally all post-adjudication aspects of the close contact with people in trouble, stu- You have made me realize that it was justice system, including both state and dents develop an understanding of what wrong for me to assume that poverty federal adult (male and female) correc- assistance may be afforded by those with meant defeat. You have given me a little tions, juvenile corrections, and the state legal training. hope, and for that I thank you. mental health institutes. Under the close The achievement of this educational These brief comments reflect that, for supervision of staff attorneys, students objective is reflected in a letter received the student who supplied the appreciated provide direct legal assistance to institu- from a graduate: service in this case, three important edu- tionalized individuals. Although the origi- The [LAIP]program was a unique cational objectives were achieved. The nal emphasis of the program was on the opportunity to see and participate in the student (11 gained an understanding of criminal law concerns of the clients, in law in action. As correctional interns, I the impact of lawyer advice on clients; recent years students in the program and my colleagues were able to see how have provided service in a wide variety a major component of the criminal jus- (21came to better understand the profes- of civil matters, including family law, tice system worked from every conceiv- sional role of the lawyer; and (31learned debt problems, and government benefits. able perspective. On any given day, we to apply substantive knowledge and skills This emphasis reflects the view that an had the opportunity to talk with war- to a problem in an effective, integrated effective lawyer must be attentive to all dens, social workers, guards, chaplains way. These three objectives, as well as the legal needs of the client. and a large number of inmates. Each had obtaining knowledge of the system, sum- In addition to providing "traditional" his or her own story to tell. Together they marize the educational aims of the legal services, LAIP students have the gave us a picture which it would be program. opportunity to participate in the Restora- impossible to duplicate any other way. I Throughout its 25-year history, LAIP tive Justice Project, an experimental have yet to find another lawyer, even has modified its activities in response to project that seeks to repair the harm lawyers practicing a large amount of the needs of its students, its clients, and caused by a criminal offense through, criminal law, who can match the insights the institutions it serves. Despite this among other things, arranging for super- I gained during the year I was associated growth and continuing change, the pro- vised face-to-face encounters between with the program. gram has remained faithful to the ideal victim and offender. While this project is Close contact with individuals who that law-in-action provides an excellent still in its initial stages, early experience are in serious trouble, almost all poor and means to serve Wisconsin and its citizens strongly suggests that interests of the vic- disproportionately members of minority as part of the tradition of the tim, offender, and society as a whole are groups, helps students find real meaning "Wisconsin Idea." served by the restorative approach. in their study of law. This is reflected in Stated broadly, the primary educa- a comment to another letter from an Prosecution Program tional objective of LAIP is to afford the LAIP graduate: The primary goal of the Prosecution Pro- student an opportunity to experience the [For]myself and other American gram is to help develop prosecutors who legal and correctional systems in ways Indian law students, LAIP helped to show good judgment in the exercise of that are impossible after graduation. This heighten our understanding and respect their considerable power. Prosecutors all opportunity results from complete access for the law and the legal process. In too often begin their careers by being to correctional, mental health, and juve- many cases it made the critical difference "thrown" into the day-by-day processing nile institutions, giving the student an in- between retention of Indians in law of criminal cases without the benefit of depth and first-hand experience of pris- school and dropping out. perspective, or the chance to question ons and mental hospitals. As a result of The essence of the "Wisconsin Idea" their reasons for proceeding in a particu- 10 lar manner. Once established, this pat- ethical dilemmas faced by prosecutors. reflection. tern is difficult to change during the During summer internship, students The combination of field placement course of practice. work fun time in a prosecutor's office. and seminar discussion not only provide: The thesis of the prosecution seminar The work performed is similar to that of an opportunity to send students out to is that if future prosecutors are encour- any prosecutor, investigation, legal prosecutors' offices to participate and aged to inquire about the proper role and research, drafting pleadings, and nego- observe, it also makes it possible to bring responsibility of the prosecutor and are tiating plea bargains. Student interns are experienced prosecutors in to the class- stimulated to question why prosecutors certified to appear in court with supervi- room to join staff and students in consid- make the decisions they do, they are sion and have the opportunity to repre- ering important problems confronting likely to develop a perspective that will sent the state in trials or other hearings. prosecutors in this state. In recent years, help them find solutions to difficult prob- In addition to criminal cases, students are for example, Milwaukee County District lems facing them as prosecutors. The exposed to other areas, including traffic, Attorney E. Michael McCann has partici- Prosecution Program strives to instill in juvenile, child support, and paternity. pated in seminar discussions on these law students this reflective quality, so Throughout the summer, students issues, providing the kind of insight that that as prosecutors they will serve their maintain contact with the staff of the only years of service afford. communities and the criminal justice sys- prosecution program, which monitors Several hundred students have partici tem well. their activities. In addition, each student pated in the prosecution program since The Prosecution Program, although has several projects to complete during its inception. Many of the program's treated separately here for reasons of the summer. These projects are formula- graduates have become prosecutors, emphasis, is actually part of the LAIP ted by the staff and students in the spring often in the county where the placement Program and is staffed by LAIP clinical and involve collecting information about occurred. In this way, the program serve: faculty. This organization allows the Pros- an office's practices that will serve as dis- as an important means for recruiting nev ecution Program to draw on LAIP's vast cussion material during the fall seminar. prosecutors throughout the state. experience in corrections, criminal law Examples of such topics are the imple- and mental health law. mentation of the new mandatory arrest The Legal Defense Students in the program address the law in domestic disputes, the extent to questions that prosecutors confront in which offices seek out or follow the Project (LDP) three stages, beginning with a seminar in wishes of victims, and criminal com- the spring, followed by a summer intern- plaint practice. Originally created to provide service to ship in a prosecutor's office, and a final In the fall following the summer Dane County jail inmates who were fall seminar. internship, students are enrolled in a unable to pay money forfeitures ordered The spring seminar explores the func- seminar that allows them to reflect on for ordinance violations, the Legal tion of the prosecutor in the criminal jus- their experiences and compare them with Defense Project has evolved into a pro- tice system. A portion of the seminar pre- those of other students. The seminar pro- gram that provides trial level representa- pares students for their summer vides a valuable opportunity to evaluate tion to persons charged with misde- placement by focusing on practical skills the criminal justice system from a unique meanor criminal offenses in Dane needed to work in a prosecutor's office. perspective and to discuss ways that it County. The seminar is designed, however, to go can be improved. This is especially valu- The Legal Defense Project offers stu- beyond the teaching of skills to raise able for those students who later go on to dents a unique opportunity to be directly questions about the appropriate role of careers in criminal justice, because the responsible, under the supervision of the prosecutor and to sensitize students pressures of every day practice in the sys- clinical faculty, for all phases of represen- to some of the systemic pressures and tem seldom allow time for this type of tation, from the client's initial court appearance to trial and sentencing. Stu- dents in the program are permitted to conduct hearings and trials under Wis- consin's student practice rules. A typical LDP case involves investigation, plea negotiations, pretrial motions, and attor- ney-client strategy discussions culminat- ing in the client's decision to plead guilty or go to trial. Through each phase, the LDP student is responsible for continuing representation of the highest caliber. Active participation in the Dane County misdemeanor system provides an intensive "first-hand" educational experi- ence with many benefits. Immersion in the system provides a unique perspec- tive, allowing student attorneys to under- stand the dynamic nature of the system and the interaction between its various actors, including the police, courts, pros- ecutors, defense bar, and social service agencies. The focus on misdemeanor cases ensures an in-depth experience. Direct client representation exposes Left to right: John Pray (LAIPSupervising Attorney) and students Mary Pittman and students to the human consequences of Glenn Yamahiro. involvement in the system and provides 11

their representation of clients in future years:' Another Dane County Judge empha- sized the program's role in bringing new perspectives to the system: "The students bring a much-needed fresh point of view and enthusiasm to an over-burdened, over-routinized system. The innovations the students present in one case can be and are utilized in other cases .... " In these ways, the Legal Defense Project is an integral component of our law school's commitment to education and service to the community.

The History of Funding for the Clinics at 913 University Avenue

Left to right: Meg Gains (LAIPSupervising Attorney] and Mary Green (2Lj. Prior to 1975, several experimental law- in-action programs, funded by Ford Foun- dation, ABAor federal funds, were initi- the opportunity to learn how well the Maintaining computerized records of ated at the University of Wisconsin Law criminal law responds to community all cases and dispositions provides an School. In 1975, with funding from these problems, such as domestic violence, immediate and current source of infor- sources no longer available, the Univer- drunk driving, and retail theft. It also mation to research trends in the handling sity was faced with the decision of permits students to assess the fairness of of minor offenses. In turn, this informa- whether to continue the LAIP program. monetary and other sanctions applied as tion can be shared with others to suggest Chancellor Edwin Young's response was punishment for the poor. refinements and improvements in the to first continue the program out of Participation in the program allows system. Chancellor's Office funds and then law students to develop a sense of profes- Apart from the educational and appear before the Legislative Joint sionalism and to learn of the responsibili- research opportunities provided by the Finance Committee to ask that Commit- ties of the lawyer to the client, other sys- Legal Defense Project, the program pro- tee to add funds to the University budget tem actors, and society as a whole. vides service in a number of ways. By to make it possible to continue the pro- The Legal Defense Project also pro- representing the poor, the program helps gram. At the request of Joint Finance and vides law students with the opportunity to ensure access to justice for those most the governor, the legislature appropriated to develop traditional lawyer skills, such needy members of the community. The the funds necessary to continue the LAIP as interviewing, negotiating, drafting lessons learned by program students can program. At the urging of then Senator motions, briefs, and memoranda and the instill a sense of professionalism which William Bablitch, the legislature also effective presentation of evidence. Lim- can be a source of continuing contribu- added additional funds to enable the law ited caseloads encourage thorough work tion to the community throughout the school to re-institute a prosecutor intern- and effective representation. student's career. And, as both students ship program and the Prosecution Pro- Student supervision is highly struc- and staff are able to share the knowledge gram became an on-going part of LAIP. tured and intensive. Limited enrollment gained, the justice system can be made The special appropriations were added to ensures a student-to-teacher ratio no more fair and responsive to the needs of the University base budget for the spe- greater than four to one and permits all segments of society. cific purpose of funding these programs daily access to supervising attorneys and A good measure of the program's suc- at the law school. on-site supervision of all court appear- cess in meeting these goals is provided by The specially appropriated legislative ances. In addition, students in the Legal the views of those with the best opportu- funds were later supplemented by con- Defense Project are required to enroll in nity to see the program in action, Dane tracts with the Wisconsin Division of a four-credit Trial Advocacy course County's circuit judges. In response to a Corrections, the Wisconsin Division of which provides a continuing opportunity request for an evaluation of the program Care and Treatment Facilities, and the to reflect upon system problems and a few years ago, many of Dane County's United States Bureau of Prisons. During goals, whether systemic changes would judges wrote letters of strong support. fiscal year 1989, funding for LAIP under improve achievement of the goals and One example, typical of many responses, these contracts amounted to $283,700. In how the lawyer can most effectively con- emphasizes both the service and educa- addition, in 1989, LAIP was the recipient tribute to the pursuit of justice. The class- tional aspects of the program: of a $25,000 grant from the Legal Ser- room component also provides students "[T]he Legal Defense Project performs vices Corporation, and in 1989and 1990 with the opportunity to practice court- a service for the community in its repre- received $20,000 grants from the Wiscon- room skills with videotaped perform- sentation of people involved in litigation sin Trust Account Foundation, funds ances and feedback from clinical faculty. pending before the courts. The quality of derived from Interest on Lawyer's Trust In addition to providing an excellent services rendered has on each and every Accounts lIOLTAI. educational experience for law students, occasion been exceptional. ... The stu- The Legal Defense Program was ini- a number of undergraduate students dents involved, in my opinion, have tially created by a federal grant of Law interested in criminal justice have been gained valuable experience from working Enforcement Assistance Administration involved in the program as investigators with the Legal Defense Project which is (LEAAjfunds. At the start, it was and mock jurors, allowing them the undoubtedly of significant importance in designed to serve inmates of the Dane opportunity for "hands-on" experience. 12

County jail. It soon became apparent that In addition, LAIP has played a signifi- program cases provides a basis for exam- many people were in jail because they cant role in developing the law in Wis- ining and discussing whether local were poor and unable to pay traffic and consin. LAIP faculty, especially Professor responses to community problems other fines. Rather than wait until they Frank J. Remington, are often called achieve the desired result, need to be were jailed, representation was offered upon to comment and propose legislation changed, or should be refined. in court where the decision to jail was to solve, on a systemic basis, many of the The Prosecution Program, likewise, being made. This was the origin of the problems encountered in the criminal provides a means to develop new ideas Legal Defense Project, which offers legal justice and mental health systems. that can have a positive impact on the assistance to indigent persons charged Recent examples include the revision of criminal justice system. Each summer, with misdemeanors in Dane County. The Wisconsin's homicide law and the stat- students work on special projects that program is now funded jointly by the law utes relating to credit for jail time served provide material for discussion or further school and the Office of the State Public by convicted offenders. research. Not only do future prosecutors Defender, with the Public Defender con- LAIP has also had a thorough involve- encounter various ways to solve prob- tributing $84,000 in fiscal year 1989. ment in administrative rulemaking in lems inherent in the system, but law Wisconsin. While director of LAIP,for school staff are able to research various The Contribution example, Professor Walter Dickey aspects of prosecution and offer sugges- drafted, with the assistance of his stu- tions for improvement. Current examples Consistent with the Wisconsin Idea, the dents, the first comprehensive adminis- include a review of criminal complaint clinical programs at 913 University Ave- trative rules for corrections. At the practices in the state and a study of pros- nue provide service to the state of Wis- present time, LAIP staff and students are ecutor attitudes toward crime victim par- consin and its citizens in a wide variety assisting the Juvenile Bureau of the Divi- ticipation in the criminal justice process. of ways. Most obvious is the value of sion of Corrections in completely revising Perhaps the most important contribu- high quality legal training and the experi- the administrative rules for juveniles. tions of the clinical programs at 913 Uni- ence of working with low-income people LAIP involvement in the revision of versity Avenue are reflected in the who find themselves in serious trouble. administrative rules continues on a rou- accomplishments of their graduates. Clin- Whether as an advocate on behalf of the tine basis as amendments are proposed. ical program graduates have had a real indigent person or on behalf of the com- At present, LAIP students and faculty and significant impact on the administra- munity, the experience of the clinical pro- continue their efforts to develop under- tion of justice in Wisconsin. Because pro- gram participant provides needed ser- standing about significant issues that are gram graduates have served in almost vices to the citizens of the state. presented in the clinical experience. every conceivable role in both public and Service to clients also serves state of Ongoing research and writing projects private spheres, it would be impossible Wisconsin agencies, particularly the Divi- focus on such important issues as: the to catalogue their contributions in any sion of Corrections and the Division of respective roles of trial counsel and judge comprehensive fashion. Care and Treatment Facilities (in the case in ensuring that criminal defendants ade- While the programs at 913 University of LAIP)and the State Public Defender quately understand their decisions to Avenue strive to prepare those interested (in the case of LDPI. The long-standing plead guilty; the role of victims in the in criminal justice for careers in the sys- and ongoing support of these agencies, as criminal justice process; the possibilities tem, they are by no means so limited in well as the Federal Bureau of Prisons, of developing a "restorative" model of their objectives. An important premise of serves as testimony to the value of this justice that emphasizes the need to the programs is that future lawyers who service. The Prosecution Program, simi- restore relationships broken by criminal will go on to varied careers should have larly, provides needed assistance to coun- behavior; and the role of guardians ad first-hand exposure to the criminal justice ties, particularly rural counties with litem in the guardianship and protective system in action. Even when the gradu- greater prosecution needs in summer placement process. In addition, LAIP fac- ates' career paths do not include direct months. ulty and students are developing pro se involvement in the criminal justice sys- A major emphasis of the three clinical materials to assist institutionalized per- tem, the clinical experience provides programs at 913 University Avenue is dis- sons who seek to represent themselves in information that can be critical to good seminating the knowledge gained by various types of proceedings and are pro- decision-making. working in the criminal justice system ducing a videotape to be used as part of While the programs at 913 University and its subparts, particularly the misde- the treatment for competency at Mendota Avenue strive to prepare those interested meanor trial, correctional, and mental Mental Health Institute. in criminal justice for careers in the sys- health systems. Over 50 journal articles Similarly, LDP provides the opportu- tem, they are by no means so limited in have been written by clinical faculty and nity to develop written materials, based their objectives. An important premise of students on topics directly relating to the on the clinical experience, that can assist the programs is that future lawyers who clinical experience. (Seeappendix.] In in improving the administration of justice will go on to varied careers should have addition, clinical faculty have made use in the county and state. For example, pro- first-hand exposure to the criminal justice of their experience to provide informa- gram experience played a role in the system in action. Even when the gradu- tion to the practicing bar through articles development of a Wisconsin Law Review ates' career paths do not include direct in the Wisconsin Bar Bulletin, CLE semi- article concerning the dilemma facing involvement in the criminal justice sys- nars, and other informational materials. defense counsel representing a mentally tem, the clinical experience provides Clinical faculty members are frequently ill client. The most recent example of information that can be critical to good called as resources by members of the LDP writing is a handbook on misde- decision-making. bar and provide a bridge between the meanor practice in Dane County. In addi- Law School and the practicing bar in tion, maintaining computer records of the state. 13

Alumni Support Library's Efforts ave Fo Alumni are joining in the effort to rebuild the Law Library, bringing a new mix of resources to move the library forward. For example, Roy Mersky (Class of '53!, volunteered his considerable talents as a legal educator and library consultant, to advise the Law School and University about library space needs. Roy, who is the Hyder Professor of Law and Director of Research for the Tarlton Law Library at the University of Texas, in Austin, and the co-author of a leading textbook on legal research, is one of the nation's pre- eminent librarians and frequently retained for his highly regarded advise about library matters. Roy's unique con- tributions to the Law School match the innovative plans developed for trans- forming the library into a facility rivaling its peers and fully capable of supporting legal research into the next century. Following years of enduring pinched budgets and increasingly cramped quar- ters, the Law Library began on its road to recovery last year, when, quite remark- ably, law students voted to raise their own tuition levels to help improve the library. This tuition-generated boost was Professor Roy Mersky nearly matched with increased funding by the state and this year brought the Law Library's total operating budget to effectively utilize these newer technol- Kauffman, reviewing the library's facili- back into the lower range of its peers for ogies. But even with this heavy reliance ties and plans and meeting with key Law the first time in over a decade! But like on newer technologies, the Law Library's School and University officials, to get a the seamless web of the law reflected in book collections will continue to grow, firm handle on potential solutions to the the library's holdings, this increase in the taking on an expanded regional and Law Library's space needs. At the conclu- library's budget has repercussions national significance: where duplication sion of his visit, Roy briefed the Dean on stretching beyond the capacity of its is reduced or eliminated in some areas his findings and outlined a full written physical facilities and has hastened the new depths of research capabilities report with Blair Kauffman, which is need for an ambitious building project. would be made available in other now being finalized. In the meantime, The Law Library's plans call for subject areas. this visit served to raise consciousness blending newer and existing technologies Roy Mersky volunteered to help last about the severe space needs of the to support the integrated research needs summer, just as the Law School was library, which in turn are integrally tied of the Law School community over the beginning to revise its building addition to the space needs of the rest of the Law next several decades. The facility needed proposal to accommodate these increas- School, and renew the drive to find a via- to advance this plan could take advantage ingly ambitious plans of the Law Library. ble solution within the near future. of a campus-wide rewiring project, which Roy offered to review the Law School's Following Roy Mersky's summer visit, is providing over 250 data outlets in the current plans and related documents, the faculty adopted a revised space plan, Law Library alone. Study carrels visit the Law School and propose solu- which more than triples the amount of equipped with data outlets would allow tions to the library's space needs. Of additional space previously allocated to library users to integrate their use of tra- course, we were delighted to accept this the Law Library. This enhanced space ditional paperbound materials with con- generous offer. plan is now moving forward in the cam- venient access to external databases, like Roy was welcomed to the Law School pus planning process and holds the LEXISand WESTLAW,and to compose in late August, with a small reception potential for transforming the entire Law documents using word processing and held in his honor and attended by librari- School building into a facility more suit- other software made available through a ans, faculty, alumni, and friends from able to the Law School's proud history Law Library network. Library computer around Madison. He then set to work for and envious location on Bascom Hill. labs would be used for training students several days with Library Director Blair 14

u lympian Joe rsch Carol O'Rourke

Joe Bersch, a recent graduate from UW Law School, took an extra semester to complete his legal studies and thereby found time also to fulfill an Olympic dream. In September of 1988,Joe repre- sented the United States on the U.S. Olympic Sailing Team in the 1988 Olym- pic games in Seoul, Korea. A native of Milwaukee, Joe began sail- ing at age six at the Milwaukee Yacht Club on Lake Michigan. He began com- peting on a local level by age ten and nationally by age fifteen. In 1979Joe represented "Midwest Area E" at the National Junior Championships in Marion, Massachusetts, finishing fifth. He also competed in the United States Youth Championships in 1980in Port Townsend, Washington, finishing sixth. It was at this time that Joe became involved in the Olympic 470 Class, winning all major regional events from 1980to 1984. (For landlubbers, the accompanying pho- tos show the 470 Class sailboat.] From 1980 to 1983,Joe attended the University of Miami majoring in Marine Science and geology, with minors in chemistry and biology. While attending Joe Bersch on right the University of Miami, Joe actively campaigned for the 1984 Los Angeles finish in the U.S. Olympic pre-trials in school peers graduate. Olympics. His ambitions were cut short, Newport, Rhode Island. In July of 1988, Joe competed in the however, due to an unexpected spinal During the summer of 1987, while U.S. Olympic Trials in Newport, Rhode operation. working as a law clerk for Stinson, Island. He and his partner, Luther Car- After recovery, Joe sailed full-time on Lyons, Gerlin and Bustamante, in Miami, penter, finished fifth and were chosen by a forty-one foot racing sailboat in the Joe took time off to travel to Kiel, West the U.S. Olympic Committee to be mem- Virgin Islands Atlantic Seaboard. He then Germany, for the Kiel Race Week, the bers of the U.S. Olympic Second Team. enrolled in UW Law School, with an largest one-design sailing event in the He spent the summer training in Califor- intent in pursuing a career in Admiralty world, and the 470 World Champion- nia and in August left for Pusan, South and Maritime Law. While at the Law ships. Korea. School, Joe took directed reading with During the fall semester of 1987,Joe "I found the Korean people to be the Professors Bilder and Baldwin, expand- took time off from his legal studies to friendliest people I have ever met, but ing his knowledge of and interest in the compete in the U.S. 470 Nationals in Dal- the country is severely polluted, and the law and the sea. Joe greatly values his las, Texas, finishing fourth of forty-two food is scary! Raw sewage flows in experience at the University of competitors. In the spring Joe went to streams into the ocean where we sailed." Wisconsin. Haifa, Israel, for the 470 World Champi- Joe arrived home in September 1988 "UW-Madison is a great law school onships. to resume law school. He graduated in because its atmosphere and faculty "Dean Thompson encouraged me to December and moved to Seattle, Wash- allowed me to pursue my non-academic take time off to pursue an Olympic ington, a location with superb sailing and interests while obtaining a nationally rec- dream-so I did!" law firms active in Admiralty Law. Joe is ognized education in law." Joe was then off to the south of France currently working for LeGros, Buchanan, Joe again became involved in Olympic to compete in the International Spring Paul and Whitehead. sailing in 1986, also in the 470 Class, with Cup in Sete, France, followed by the "My future plans include making partner Luther Carpenter from New Hyeres Olympic Week in Hyeres, France. enough money so I can sponsor other Orleans. They qualified for the 1987 U.S. After spending the spring in Europe, Joe sailors' Olympic dreams and promote Men's Sailing Team after a third place returned home that May to watch his law Olympic sailing throughout the U.S." 15

Judici College ines In$ School

Each year, judges from throughout Wis- Nathan Heffernan augmented our Weenies & Beans consin gather in Milwaukee or Madison budget, and a new tradition was well to conduct continuing judicial education launched. Said Steingass to the Dean, programming. And each year Marquette To commemorate the occasion, the What's the Cuisine? University and our Law School take turns Dean called on Judge Michael Brennan Weenies & Beans says the Dean. in hosting a dinner for the gathered ('64) for some suitable poetry. Judge Steingass to the Dean, judges. Brennan responded with extemporane- Now that they have been anointed, In 1985 and 1987,the dinners hosted ous verse which credited Judge Susan Judges demand a dinner better appointed. by UW were memorable, but for the Steingass ('76) with a heroic role in the Weenies & Beans says the Dean; wrong reasons. Both times we opted for fair turn of events. I don't wish to be mean a relaxed, summer barbecue theme, and In response to the Dean's later request but if you work for the State its got to be lean. Doth say the Dean. each time the skies opened and boats for a written version of the poem for the were needed to reach the dinner. Judges Gargoyle, Judge Brennan noted: "We had Weenies & Beans!, says Steingass to the Dean, could be heard quipping about UW's a debate on the spelling of 'weenie'. My No more will you see this bright face "beans and weenies" dinners. court reporter assures me its old German In the hallowed halls of this fine place. This year, Dean Thompson opted for slang and it is correct. He, however, If we get the high road, a nicely catered dinner spells fine but doesn't understand the Weenies & Beans served in the elegant surroundings of the scanning involved in fine poetry." Law Library's Old Reading Room, under Judge Mike Brennan the Curry mural. A gift by Chief Justice 16

erzberg arded for Excellence In aching Trial 17

Faces in the Faculty Wisconsin has received national recognition from the Society of American Law Teachers and the Association of American Law Schools for recruiting four minority profes- sors. The Law School took the opportunity to hire these distinguished teachers under the Madison Plan, a project implemented by Chancellor Donna Shalala, to dispel the appearance of discrimination and to inte- grate minority administration, faculty, and students into the University. This effort reflects the Law School's commitment to supporting a faculty strong in research, teaching, and service, and rich in diversity. In this issue we profile two of our new faculty. The other two, Professor Patricia Williams and Professor Richard Delgado, along with Professor Alta Charo and several of our visiting faculty, will be featured in the Volume 20, Number 4 {Spring}.

Professor Linda Greene

Professor Linda Greene comes to Wis- Professor Linda Greene consin after spending three years work- ing as a counsel to the Senate Judiciary floor. The pace was quite fast, but the up my tenured position at Oregon to Committee in Washington, D.C. There work exhilarating and rewarding. "I have work in the Senate, and had thought that she worked for Senator Howard Metzen- a tremendous amount of respect for I'd return to California where I was born baum on the Antitrust Subcommittee. elected officials and staff who devote and raised. But as soon as my friend Jim She was responsible for advising the Sen- themselves to legislative service." Jones learned that I'd quit Oregon to ator on a wide range of legislative issues In 1988 Greene took a leave from her work in the Senate, he started urging me including federal court nominations, fed- Senate counsel position to work on the to consider Wisconsin. Finally, I agreed eral court jurisdiction, constitutional presidential campaigns of Jesse Jackson to come to Wisconsin, despite the fact amendments, federal criminal law, civil and Michael Dukakis. She is very enthu- that my bicoastal friends warned me rights legislation, and reproductive siastic about political work and plans to about the cold weather." rights. "On a single day, I might write continue her involvement in politics. Greene has taught civil procedure, questions to be asked of a judicial nomi- Before coming to the Senate, Greene employment discrimination, federalism, nee, introduce a bill to protect religious was a tenured professor at the University and various seminars in constitutional groups against hate violence, assist the of Oregon, and a visiting professor at law including one on race conscious rem- Senator at a hearing on family planning Harvard Law School and Georgetown. edies which she will teach again next programs, meet with staff representing She started her teaching career ten years semester. She has a strong interest in other senators to resolve differences over ago at Temple University after a three comparative constitutional systems and procurement fraud legislation, meet with year stint as a staff attorney at the in the long run would like to become interest groups to consider new legisla- NAACP Legal Defense Fund and one more involved in the field of comparative tive proposals, and field 40-50 phone year as a Deputy City Attorney in Los constitutional law . calls." A minimum day was 8:30 am to Angeles. Greene enjoys the outdoors and looks 7:00 pm, and on a number of occasions "I knew I'd be returning to teaching, forward to cross country skiing and ice she worked all night long on the Senate but I wasn't sure where I'd go. I'd given skating this winter. 18

Prof. Rennard Strickland by Ed Park

Rennard Strickland describes his career "The legal profession is broad," says to this point as that of an academic gypsy. Strickland, "and can accommodate many After holding teaching positions at people with diverse interests," emphasiz- numerous law schools and universities, ing that he feels law students can make he comes to Wisconsin for this academic what they want of the world and their year only from Southern Illinois Univer- careers. He believes that the Wisconsin sity where he was the Dean of the School Law School is as good as any of the pri- of Law at that institution. vate law schools and is particularly Professor Strickland is an eminent unique in its long history on the cutting scholar and the country's leading acade- edge of the law addressing the relation- mician in the field of Native American ships between legal and socio-economic law. This focus reflects his own ancestry systems. Of the school he says that it and upbringing. He was raised in Musko- offers a combination of the ideological gee, Oklahoma, the administrative capital and pragmatic sides of the law. He of the Five Civilized Tribes. His mother quotes Cal Woodard in calling it "a very was one-fourth Osage Indian and his balanced law school with an unbalanced father one-eighth Cherokee. faculty." Strickland experienced what he Strickland finds the stereotype of the describes as a typical middle class, mixed disappearing American Indian discon- breed upbringing. He was, however, Professor Rennard Strickland certing. The Native American population exposed to the difficulties of poverty in is the fastest growing in the country. Of the Native American population. He cites the one and one half million American the Indian suicide rate as ten times the high school and college influenced his Indians, over half are under twenty years American population at large and among decision. Earning his J.D., (and later his of age. Today Indian political units are children 100times. S.J.D.l at the University of Virginia, more powerful than they have been over His parents strongly valued education Strickland says of his choice, "1 disliked the past hundred years. as evidenced by the fact that all his sib- the law school experience so much that I Normally juggling over a dozen lings became members of college facul- wrote my first book as an alternative to projects at a time, Strickland is combin- ties. Strickland attended Northeastern dropping out or suicide." While much of ing a personal interest in film with his State College for his undergraduate work his work at Virginia was with Neill professional interests. Current projects completing three majors, history, litera- Alford studying American Indian tradi- include use of the University film ture and communications, in his four tional systems, his strongest influence archives, one of the world's great film years in attendance. The school, which was that of Carl McFarland who later archives including those of Warner Bros was started under the Cherokee tribe and would direct Strickland's dissertation. and RKO, to study the use of the law and taken over by the State of Oklahoma Extensively involved in professional lawyers and the depiction of Native when it joined the Union in 1907,has the and educational activities Strickland has Americans in motion pictures. highest percentage of Native Americans served on numerous committees of the Next year Prof. Strickland will assume of all American institutions. ABA,AALSand LSAC.He wrote the the position of Director of the American Strickland states that he entered law book, popular with prospective law stu- Indian Law Center at the University of by default. He didn't want to go to gradu- dents, "How to Get Into Law School." Oklahoma. ate school. His success as a debater in 19

Fac ty otes In June, Professor Gordon Baldwin growth, decline and content of math and currently putting together a new course gave a lecture at the USIS Library in Col- science courses. In July he taught a semi- and new material for a year long explora- ombo, Sri Lanka, on the subject of "Con- nar at Stanford University to education tion of Families, Poverty and Law. stitutions and Compromises." The lecture policy specialists from the World Bank. Professor Marc Galanter was a was attended by a large audience of Sri Professor Richard Delgado com- speaker at the Plenary Session on The Lankans including several judges, govern- pleted editing and revising four law Future of Sociolegal Scholarship at the ment officials, with a sprinkling of ex- review articles he had in the works: Law and Society Association's annual patriots. This was a rare honor, for Sri "Legal Storytelling for Oppositionists and meeting, held in Madison in June. He Lankan universities have been closed for Others:' (Mich. 1. Rev.], "Why Do We and Thomas Palay delivered a paper on nearly three years. Tell the Same Stories? Law Reform, Criti- "The Transformation of the Large Law Professor Peter Carstensen appeared cal Librarianship and the Triple Helix Firm." In July, Galanter spoke on "Empir- as an expert witness in a hearing before Dilemma:' (Stan. L. Rev.], "Minority Pro- ical Issues in the Assessment of ADR" to the Wisconsin Public Service Commis- fessors' Lives: The Bell-Delgado Survey:' an Association of American Law Schools sion. He testified about the competitive (Harv. CR-CLL. Rev.], and "On Taking Workshop on ADR in Washington. In policy implications of local telephone Back Our Civil Rights Promises: When September, he spoke to the Conference company practices regarding long dis- Equality Doesn't Compute, 1989:' (Wis. Group on Jurisprudence and Public Pol- tance service. Carstensen expects two 1. Rev.). This summer Delgado also icy in Atlanta on "Punishment in the publications this fall. One examines the wrote "Panthers and Pin-Stripes: The Civil Law." Drawing on his earlier work impact of antitrust law on the actual Case of Ezra Pound and Archibald on affirmative action policy in India, he structure and conduct of business over MacLeish," "Myth and Ideology in Law made a presentation to the "Conference time and will appear in the Iowa Law School Hiring: Is the Law School a on a Post-Apartheid Constitution for Review. His second piece, which will WASP?"and "When a Story is Just a South Africa" at Columbia University. As appear in Review of American History, Story: Does Voice Really Matter:' (Va.1. part of his continuing study of litigation is a review of a recent book on the early Rev.], Delgado spoke at two AALSWork- patterns, Professor Galanter is scheduled history of antitrust law and its develop- shops in Washington, D.C., one on Alter- to give a paper in October on "The Civil ment. native Dispute Resolution and the other Jury as Regulator of the Litigation Pro- Professor R. AHa Cham has recently on Emerging Voices in Legal Scholarship. cess" at the University of Chicago Law been appointed to the Permanent Consul- He also published a number of short School. In November he will deliver the tative Committee of the Law Reform pieces of humor and political satire. Annual Access to Justice Lecture at the Commission of Canada. She will be one Professor Howard Erlanger just com- University of Windsor. His topic will be of approximately twenty professionals pleted a monograph on tax and estate "The Changing Response to Industrial advising the Commission on issues relat- planning aspects of Wisconsin's new Disasters." ing to biotechnology and reproductive marital property law. He will be partici- Professor Herman Goldstein was health policy. Professor Charo was also pating in a CLEW telelecture program on awarded PERF's National Leadership recently appointed to an Institute of Med- that topic in the fall. Award, an award presented annually to icine panel that met to consider the need Professor Martha Fineman has writ- an individual who has made outstanding for improving systems for providing med- ten four major law review articles this contributions to the police field. The ical, genetic, and social information to year on the topics of child advocacy (U. Leadership Award recognizes innovators adoptees about their birth parents. Cal. Davis L. Rev.], property division at whose work has served as models to While on leave during the spring, Pro- divorce (due out in the Family Law Quar- those interested in improving police ser- fessor Larry Church taught at law terly), motherhood (hopefully will be vices. schools in Adelreide, Australia, and Tai- published by YaleJ. of Humanities and In September, Professor Linda pee, Taiwan. On his return to Madison, Law), and feminist legal theory (due out Greene spoke on "The Supreme Court Church also travelled through the Soviet in Florida 1. Rev). Her book, At the Decisions on Civil Rights and Legislative Union. Boundaries of Law: 'Feminism and Legal Responses" as part of the Congressional Professor William Clune was an Theory, which she is co-editing with Black Caucus Legislative Weekend in organizer of a conference on "Choice and Nancy Thomadsen, has been accepted Washington, D.C. On November 3, she Control in Education:' sponsored by the for publication by Routledge Press. Fine- will participate in a roundtable entitled LaFollette Institute of Public Affairs. As man has two of her own essays in this "Freedom of Expression on Campus" an outgrowth of this conference, Clune volume. It will be released in the U.S., which will be televised by Wisconsin spent the summer preparing conference Australia, New Zealand, Canada and the Public Television. Greene will also partic- manuscripts for publication as a book, U.K. in the fall of 1990. Fineman will ipate in "A Century of Civil Rights Strug- writing his own paper on "Educational give a major presentation in October on gle" Conference at the University of Wis- Governance and Student Achievement:' feminism and legal theory at the Univer- consin, chairing the session entitled "The and writing a newsletter summarizing the sity of Florida (Gainesville) Symposium. Persistence of Racism-Prospects for the conference. Clune also continued to work She will also be one of thirty-five invited Future." The Harvard Blackletter Journal on two educational grants: a U.S. Depart- participants at a Wingspread Conference recently published Greene's article enti- ment of Education grant to the Center for on Family Law sponsored by the ALI. tled "The Confirmation of Thurgood Policy Research in Education (CPRE)and She is chairing an AALSpanel on Family Marshall to the United States Supreme a National Science Foundation grant to and Poverty in January, 1990. Fineman is Court." Greene is currently a member of study the influence of policy on the 20

the Legislation Committee of the United "Law Library Hi Tech" for the AALL of Family Dissolution for the American States Olympic Committee. The Legisla- Newsletter. Kauffman taught an Interses- Law Institute. The conference will be co- tion Committee reviews all proposed sion course in the School of Library and sponsored by the Johnson Foundation changes in the USOC Constitution, Information Studies, on Legal Reference. and held in November at Wingspread in Bylaws, Charter, and applicable federal Professor Lynn LoPuck.i's "Profiles Racine, Wisconsin. Melli also began a legislation. During the summer, she par- of Ohio Lawyers" (5 Volumes, 3,160 one-year term as Chairman of the ticipated in an international seminar on pages) was recently published by Ander- National Conference of Bar Examiners, German political issues in Hamburg and son Publishing Company, Cincinnati, the organization that develops standard- Berlin. Ohio and the fourth edition of his "Direc- ization tests for the use by state bar Professor James E. Jones, Jr., spoke tory of Bankruptcy Attorneys" [1,950 examiners. These tests include the on "Affirmative Action in the 1990's" at pages) was published in October by Pren- Multistate Bar Exam, the Multistate Pro- the Wisconsin Association of Black State tice Hall. He presented his article "The fessional Responsibility Exam and the Employees' annual convention in Apple- Demographics of Bankruptcy Practice" Multistate Essay Exam. This fall Melli ton, Wisconsin. He also addressed the at the annual Law & Society meeting and will be chairing a Gender Equality Thsk Health Care Personnel Association of it was published in the American Bank- Force for the University of Wisconsin- Wisconsin on the topic of "Affirmative ruptcy-Law Journal in August. The sec- Madison campus. Action-Where It Came From, Where Is ond edition of his "Directory of Intellec- Professor Thomas Palay will spend It Going?" Jones gave a luncheon speech tual Property Lawyers and Patent the 1989 fall semester as a Visiting to the Critical Race Theory Conference at Agents" (1,850pages) is scheduled for Scholar at the American Bar Foundation St. Benedict's Center in Madison. This publication in December by Clark Board- in Chicago. There he will continue his workshop was attended by 20 to 25 man Co., Ltd. twenty-seven thousand research on the growth and transforma- minority legal scholars from 16 different lawyers participated in his Annual Sur- tion of the big law firm. law schools throughout the country. vey of the Legal Profession this year. The Professor Joel Rogers recently Professor Leonard Kaplan was a data from this survey is on his personal attended the inauguration of the Interna- member of an international delegation computer and is available to other faculty tional Center for the Sociology of Law in from the International Academy of Law for research purposes. A second article Onati, Spain. He delivered a paper to the and Mental Health to the U.S.S.R. where based on the data, "An Empirically-Based Comparing Capitalist Economies Project he presented a paper on "Civil Commit- Model of Lawyer Specialization," is in conference in Bellagio, Italy. Rogers ment in the United States." He also had draft form. helped plan as well as participated in the the opportunity to observe the Serbsy Professor Stewart Macauley was a American Bar Foundation-Institute for Institute in Moscow and the hospital for member of the Program Committee for Legal Studies conference on the transfor- the criminally mentally ill in Leningrad. the Law & Society Association Annual mation of the corporate law firm. Rogers Kaplan co-organized the scientific meet- Meeting, celebrating the Association's Professor S. Blair Kauffman spoke ings for the 15th International Academy 25th anniversary this summer in Madi- at the national convention of the Associa- of Law and Mental Health in Jerusalem son. He organized a panel entitled "L.A. tion of Legal Administrators in Toronto, where he presented two co-authored Law and Society,"discussing the impact, Canada, on "State of the Art Technology papers and one written by himself. He is if any, of the messages conveyed by the in Library Automation," and at the currently on the organizing committee T.Y.program on such things as assertion annual meeting of the New Orleans Asso- for the 16th International Congress of of rights, the nature of the American ciation of Law Libraries on "The Role of Law and Mental Health set for June, legal process, life in big law firms, and CD-ROMs in Law Libraries." His article 1990, in Toronto, Canada. the ethics of lawyers. Macauley gave a "The Future of Legal Bibliography" Professor S. Blair Kauffman spoke paper at the International Congress of appeared in a special symposium issue of at the national convention of the Associa- Law and Mental Health in Jerusalem, Legal References Services Quarterly and tion of Legal Administrators in Toronto, Israel, entitled "The Public's Perception was republished in book format by Canada, on "State of the Art Technology of the Psychiatrist in the Legal System," Haworth Press. Kauffman directed a spe- in Library Automation," and at the dealing with the perceived and actual cial day-long microcomputer workshop annual meeting of the New Orleans Asso- functions of the insanity defense in the and moderated a pane on "Integrating ciation of Law Libraries on "The Role of American criminal justice system. He Macintoshes into the Law Library," in ROMs in Law Libraries." His article "The also attended the Conference of the Ger- conjunction with the annual meeting of Future of Legal Bibliography" appeared man Association for Comparative Law in the American Association of Law Librar- in a special symposium issue of Legal Ref- Wurzburg where he gave a paper report- ies, held in Reno, Nevada. He completed erences Services Quarterly and was ing American theory, doctrine and empir- serving his term as Chair of this organiza- republished in book format by Haworth ical research concerning legal regulation tion's Special Interest Section on Automa- Press. Kauffman directed a special day- of franchises and dealerships. Macauley tion and Scientific Development but will long microcomputer workshop and mod- had two of his articles published continue compiling a monthly column on erated a panel on "Integrating MacIn- recently: "Popular Legal Culture: An "Law Library Hi Tech" for the AALL toshes into the Law Library," in Introduction," (YaleL.ll, and "Bambi Newsletter. Kaufman taught an Interses- conjunction with the annual meeting of Meets Godzilla: Reflections on Contracts sion course in the School of Library and the American Association of Law Librar- Scholarship and Teaching vs. State Unfair Information Studies, on Legal Reference. ies, held in Reno, Nevada. He completed and Deceptive Trade Practices and Con- Professor Lynn LoPucki's "Profiles serving his term as Chair of this organiza- sumer Protection Statutes," (Houston of Ohio Lawyers" (5 Volumes, 3,160 tion's Special Interest Section on Automa- L. Rev.}. pages) was recently published by Ander- tion and Scientific Development but will Professor Margo MeHi organized the son Publishing Company, Cincinnati, continue compiling a monthly column on Conference on the Law and Public Policy Ohio and the fourth edition of his "Direc- 21 tory of Bankruptcy Attorneys" (1,950 Herzberg spoke on various issues at the on business disputes. The Business Dis- pages] was published in October by Pre- Sports Agents Institute. puting Group's members are Marc ntice Hall. He presented his article "The Professor Rennard Strickland served Galanter, Stewart Macaulay, Thomas Demographics of Bankruptcy Practice" as consultant to "The Panel for National Palay, and Joel Rogers. The BDG is col- at the annual Law & Society meeting and Dialogue on Museum-Native American laborating with the Rand Corporation's it was published in the American Bank- Relations" at the Heard Museum in Institute for Civil Justice in an analysis of ruptcy Law Journal in August. The sec- Phoenix, Arizona. He lectured at Mar- business litigation in the Federal Courts ond edition of his "Directory of Intellec- quette Law School on "The Indian from 1971to 1987.This is part of a multi- tual Property Lawyers and Patent Dilemma: Personal Choices and Public phase study of changing patterns of cor- Agents" (1,850pages) is scheduled for Issues in Worcester v. Georgia." In Octo- porate use of law and legal services. publication in December by Clark Board- ber, Strickland gave the keynote address Professor Frank 'Iuerkhelmer s trial man Co. Ltd. 27,000 lawyers participated entitled "Reclaiming the Patrimony: advocacy course was recently written up in his Annual Survey of the Legal Profes- Land, Bones, and the Modern Indian Law in a number of newspapers. The course sion this year. The data from this survey Movement" at the Harvard Law School uses the recent Spike Lee movie, "Do the is on his personal computer and is avail- Conference on Native American Issues. Right Thing;' as the fact situation for a able to other faculty for research pur- He will speak at Southern Methodist Uni- trial simulation. Third year law students poses. A second article based on the data, versity in November lecturing on "Bod- tried the case involving racial tensions "An Empirically-Based Model of Lawyer mer and Buffalo Bill: Hollywood Images and alleged police brutality. also received a grant [joint with Wolfgang and Indian Reality." Professor Gerald J. Thain has been Streeck, of the UW-Sociology and Indus- Professor Joseph Thome recently elected to membership in the American trial Relations] from UW's LaFollette spent a month in Chile, continuing his Law Institute. He also recently delivered Institute to study skill generation systems research on the social and political role a paper on "Article 9 of the UCC-Pursu- in Wisconsin metal manufacturing. of grassroot organizations in the process ing Priority Problems Without Getting Professor Walter Raushenbush con- of democratization in Latin America. He Ensnarled" at the State Bar of Wisconsin tinues to serve as a member of the Real presented a paper on this topic at the Annual Meeting and represented the Law Property question-drafting committee for Law & Society Association Annual Meet- School at the fall meeting of the Wiscon- the Multistate Bar Examination. He is ing held in Madison during the summer. sin Chapter of the American College of also Secretary of the Board of Trustees of Together with Professor Donald H. Trial Lawyers, participating in a panel on the national Law School Admissions Wonet! (McGeorge, and Professor trial practice, ethics and professionalism. Council, the organization which owns Joseph R. Grodin (Hastings), Professor We note with sadness the passing of and administers the LSAT.Raushenbush June Weisberger will be revising a case- Verna E. Baertschy, law librarian at the will be a Visiting Professor of Law at the book in Public Sector Labor Law for the Law School from 1943 to 1969. After her University of Arizona College of Law in Labor Law Group. She has spent time retirement she had continued to live in 'Iucson for the second semester 1989-90. this past summer getting the project Madison. He also published new editions of "Wis- started. An important Law School activity of consin Real Estate Law" (with Jim Professor Bill Whitford served as fac- interest to the profession continues to be McDonald) and "Cases and Materials on ulty at a one week conference on teach- the work of the Wisconsin Criminal Jury Real Estate Transactions:' He is currently ing contracts sponsored by the Associa- Instructions Committee. It is a collabora- at work on a new edition of his book, tion of American Law Schools held at tive effort between outstanding members "Wisconsin Construction Lien Law." Cornell Law School. He continued work of the Wisconsin trial judiciary and mem- Professor Frank Remington spoke at on his joint research project with Profes- bers of the Law faculty. Staff responsibil- the 7th Circuit Judicial Conference on sor Lynn Lopucki concerning bankruptcy ity is handled by Professor David "Recent Developments in Criminal Law reorganization proceedings involving Schultz, Associate Dean for Outreach. and Procedure." He and Professor Steve large, publicly held corporations. They Professor Frank J. Remington continues Herzberg spoke on various issues at the delivered a paper on this topic at the Law to serve the committee as a long-time Sports Agents Institute. & Society Association Annual Meeting. advisor. Professor Walter Raushenbush con- Whitford also wrote an article concerning Recently two judge members of the tinues to serve as a member of the Real Chapter 13of the Bankruptcy Code committee retired and were given a suit- Property question-drafting committee for which will be published as part of a sym- ably engraved desk pen set as a token of the Multistate Bar Examination. He is posium issue by the Indiana Law Journal. the Law School's appreciation of their also Secretary of the Board of Trustees of Professor Patricia Williams' review contribution to the work of the commit- the national Law School Admissions of Ethan Katsh's book, "The Electronic tee. Frank Remington presented one of Council, the organization which owns Media and the Transformation of Law," these to retiring Judge John Bartholomew and administers the LSAT.Raushenbush appeared in "The New YorkTimes Book of St. Croix County and Dave Schultz will be a Visiting Professor of Law at the Review." Her article, "The Obliging made a similar presentation to retiring University of Arizona College of Law in Shell: An Informal Essay on Formal Judge John Buchen of Sheboygan County. Tucson for the second semester 1989-90. Equal Opportunity" was published in the The work of the committee, which is He also published new editions of "Wis- Michigan Law Review. Williams' essay in its 30th year, enables the Law faculty consin Real Estate Law" (with Jim Mac- "On Being the Object of Property," previ- to keep in touch with criminal law prac- Donald) and "Cases and Materials on ously published in Signs: A Journal of tice throughout the state. The product of Real Estate Transactions." He is currently Women in Culture and Society, has been the committee's work is a four volume at work on a new edition of his book, reprinted in an anthology put out by the publication, Wisconsin Jury Instruc- "Wisconsin Construction Lien Law." University of Chicago Press entitled Femi- tions-Criminal, which is used by law- Professor Frank Remington spoke at nist Theory In Practice and Process. yers and judges around Wisconsin. A the 7th Circuit Judicial Conference on Four Law School faculty members similar project prepares civil jury "Recent Developments in Criminal Law have embarked on a program of research instructions. and Procedure." He and Professor Steve 22

Alumni otes Terry Mead ('81) served as a panelist at woman to lead the Milwaukee Bar, which John C. Milby ('71), Madison, has a libel and privacy conference sponsored represents more than 2,000 lawyers. been inducted as a member of the Ameri- by the American Newspaper Publishers Seward M. Cooper ('78) is serving as can Board of Trial Advocates. Association, National Association of the President of the Liberian Chamber of Thomas G. MacDonald ('81)has Broadcasters and Libel Defense Resource Commerce. Mr. Cooper practices in moved from Minneapolis to join the New Center, in Seattle in August. Monrovia, Liberia. York firm of Seward & Kissel. Richard Baumann ('64) became Robert B. Moberly ('66), Professor of Thomas W. Paterson ('84) has President-Elect of the Commercial Law Law at the University of Florida, has become a partner of Susman, Godfrey & League at its 95th Annual Convention. been elected Chair of the American Asso- McGowan in Houston. He will become President in July 1990. ciation of Law School's Labor Law Sec- Stephen Youngerman ('78) has League members are experts in the field tion and to the executive committee of joined the Long Beach, California firm of of credit and finance. Mr. Baumann prac- the International Society for Labor Law Bush, Koppel & Schweizer, opening an tices in Los Angeles. and Social Security. In the spring he will office in Santa Monica. His practice con- Tomas M. Russell ('67), Chicago, was serve as visiting professor at Monash centrates in construction litigation. recently named Chairman of the Board University, Melbourne, Australia. Joel Hirschhorn ('67) has joined the of the Illinois Institute for Continuing Erica Moeser ('75), executive secre- Miami firm of Broad and Cassel as head Legal Education. For over 27 years, IICLE tary of the Board of Attorneys Profes- of its litigation section. has been the primary continuing legal sional Competence, is serving on the David S. Ruder ('57) has stepped educator in Illinois, offering a wide range Council of the ABASection of Legal Edu- down as chairman of the Securities and of books and courses for practitioners to cation and Admissions to the Bar. Exchange Commission and will return to use throughout their careers. In addition, Judge Charles B. Schudson ('74) is Northwestern University Law School. Mr. Russell is General Counsel to the Illi- the co-author of "On Trial: America's Roger D. Wiegley ('77) has joined the nois Bar's Insurance Risk Retention Courts and Their Treatment of Sexually Chicago firm of Sidley & Austin. Group, a bar-sponsored private insurance Abused Children." Robert 1.. Curry ('53), formerly presi- company that provides malpractice cov- Sara Lee Johann ('82) has co- dent of Cuna Mutual Insurance, is erage for lawyers. authored "Representing. . . Battered returning to Boardman, Suhr, Curry & Floyd A. Brynelson ('40), Madison, Women Who Kill." She appeared on the Field, Madison, of counsel. Wisconsin, has been inducted into the Sally Jessy Raphael show this summer to Steven M. Press ('88) has joined his Wisconsin State Telephone Association discuss her work. father's practice in Minneapolis. Hall of Fame. Kenneth EoKraus ('86), a member of George R. Edgar ('75), formerly a Daniel L. Goelzer ('73), General Schopf & Weiss, Chicago, is a co-author member of the Public Service Commis- Counsel of the Securities and Exchange of "Failing Bank Litigation:' recently sion of Wisconsin, has joined Boardman, Commission, has been honored by Presi- published by the Illinois Institute for Suhr, Curry & Field, Madison, where he dent Bush as a winner of the 1989 Presi- Continuing Legal Education. will concentrate on public utility and dential Rank Award. These annual Mary Traver ('83), Vice President and environmental matters. awards are given to persons in the federal General Counsel for Blue Cross/Blue With sadness we report the death of government's Senior Executive Service Shield United of Wisconsin, has been Dennis M. Day ('61). Mr. Day worked in who have demonstrated exceptional per- appointed Chairperson of the Health the legal department of Kaiser Alumi- formance. Mr. Goelzer is also a member Insurance Law Committee of the Tort num, specializing in international trans- of the Law School's Board of Visitors. and Insurance Practice Section of the actions. Judith 1.. Lichtman ('65), president ABA. of the Women's Legal Defense Fund, is a recipient of a 1989Sara Lee Frontrunner Award. Sara Lee Corporation grants these Share Your News with Your Fellow Alumni! Send Us Your Class Notes: Awards to honor women of outstanding achievement Barbara Burbach ('75) is president- Gargoyle elect of the Milwaukee Bar Association. c/o University of Wisconsin She practices family law with Chernov, Law School Croen & Stern. She will be the first Madison, WI 53706 23

Editor's ate It seems like yesterday that I studied Cliff passed, the number of applications had tery pictures not just one. In Vol. 19, No. Thompson's resume to prepare a Gar- climbed once again, to almost 2500, but 4 (Spring 1989), C. Scott Pryor ('80) iden- goyle story on his hiring. But more than the admissions committee was well-pre- tified himself among the students being six years have passed and now, as you pared. When we welcomed the Class of honored at the Awards Convocation. read in this issue, Cliff has announced 1992, it consisted of 285 members, just as Scott, there are 22 persons in the picture. that he will step down as Dean and we planned. Are you trying to protect yourself by not return to teaching next summer. Many of Following the Dean's welcome to admitting which one you are? you alumni have gotten to know and these newest law students, a young man In Vol. 20, No.1 (Summer 1989), two appreciate Cliff's talents. We will miss came up to me and said, "My mom and grads identified the mystery photo as a him as Dean, but I suspect that Cliff will dad said to say hello. My mom thought it labor law course with Prof. Abner Bro- continue to travel and visit with our far- would make you feel old. My name is Bill die. Howard Eisenberg ('71) and Kathleen flung alumni. Morgan:' Many thanks to Barb and Jim Ortman Miller ('76) recognized Joan As I write, we are on the down-side of Morgan, the proud parents. Jim was my Hicks ('70) and Angela Bartell ('71), while on-campus interviewing. Today,however, classmate in the "gold medal" class of Howard admitted that he, too, is we have eleven rooms of interviewers, no 1972. Yes, it did make me feel old! pictured. mean feat when there are only three per- The last issue of the Gargoyle was the The picture in this issue is from the manent interview rooms! Our season got special issue with faculty and staff pic- 1976 Law Revue (the play, not the book). off to an interesting start. In the first tures and biographies. As a result, I have It shows a skit based on Hollywood week we had one employer fail to show to test your memories, and with two mys- Squares. Who are all those Squares? up, a fire drill during the interview day, one interviewer with a broken leg, and a 30 minute city-wide power outage that made interviews in windowless rooms even more ominous than usual. We may be seeing some light at the end of the space shortage tunnel. The University architects have presented a conceptual plan for a 30,000 net assigna- ble square foot addition to this building. The exciting part of this plan, in addition to some striking architecture, is that for the first time an addition is planned which will consolidate the various parts of the current building while providing necessary additional space. As we once again go through the campus-system- state process of approval, you will hear more about this ambitious and exciting plan. Renderings by an architectural art- ist are being prepared and my be included in a future issue of the Gargoyle. Last year we were surprised by an incoming class of more than 300 stu- dents. This was a result of a tremendous increase in applications and a higher rate of registrations per acceptance. When the Mystery Picture deadline for this year's first year class 24

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