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Spring 2004

Gail Newman "Pleasure Boat-the Flats" 25" x 30"acrylic over gessoed wood President's Letter

Dear Alumni,

As my term as the President of the Cleveland-Marshall Law Alumni As­ sociation rapidly draws to a close, I want to take this opportunity to reflect on what the Association has accomplished this year and to thank the many volunteers who have made our success possible. I want to thank at the onset our wonderful Executive Director, Mary Walton McKenna, for the outstanding job she has performed yet again this year in making the Association work efficiently, smoothly and ef­ fectively. Without her dedication and force of personality my job would have been vastly more difficult and far less enjoyable. Mary keeps things moving in the right direction and in a timely manner. Another individual whose efforts on behalf of our organization are also important is Louise Mooney. As you peruse this edition of Law Notes, please keep in mind that Louise is a vitally important part of bringing each edition together and the quality of many of the articles admirably reflects her professionalism and commitment to the law school and the Law Alumni Association. I particularly want to thank the members of the Association's Board of Trustees for their support and commitment throughout this past year. The Board, through its wonderful system of committees, works tirelessly each year to promote the Association's programs for the ben­ efit of the students, the law school faculty and staff, the alumni, and the legal community in Northeastern Ohio. As president of the organization, over the course of the past year, I have had the opportunity to see how much the Law Alumni Associa­ tion accomplishes. Although I have actively participated in the Asso­ ciation since my graduation, until I had the opportunity to see the "big picture" this year, I wasn't truly aware of what the Association ac­ tually does on a year-to-year basis. You might be surprised to know that the Law Alumni Association supports the law school, the stu­ dents, the alumni and the community each year by: •Providing a mentor program that pairs local practitioners with stu­ dents; •Providing annual scholarships to students who have made positive contributions to Cleveland-Marshall; •Hosting an annual program where local practitioners visit Cleveland­ Marshall and talk to students about their areas of expertise; •Providing continuing legal education seminars; •Publishing Law Notes, Cleveland-Marshall's well-recognized alumni magazine; and •Hosting numerous social events, such as annual reunion weekends; and the Annual Recognition Luncheon which honors our alumni and faculty and is regularly attended by hundreds of lawyers in Northeast Ohio. And this is all made possible by the dedication and hard work of the volunteers of the Cleveland-Marshall Law Alumni Association to whom I say thank you for your efforts.

Mic W. O'Neil '94 President Law Notes Contents Cleveland-Marshall Law Alumni Association News-Spring 2004 Features About the cover artist: Gail Newman has been making painted wood collages, furniture and decorative objects for twenty-five years. For the past five she has been 4 CMLAA Honors Two Outstanding Alumn i concentrating on memory paintings on canvas and paper, as well as on wood. Ms . Newman received an AB 10 The CMLAA Mentor Program degree in 1951 from Bennington College, an MA in Education from Columbia Teachers' College in 1952 12 Four Students, Four Visions, One Goal and, after coming to Cleveland in 1969, she studied at the Cleveland Institute of Art. 21 Welcom e New Faculty and Staff She is represented by The Headfooters Gallery of Cleveland, Ohio, and has had solo and two-per­ 23 A 500,000 Book Celebration son exhibitions in various Ohio, Wash ington, D.C., and New York State galleries and institutions and in 24 A Proposed Law School Addition numerous private collections. Law Notes thanks KeyBank for permission to reproduce Ms . Newman's painting, "Pleasure Boat­ 26 A Brief History of America's Republican Empire the Flats," on its cover. 36 Wilson Stapleton and the Stapleton Society

Volume 12, Number 1 & 2 37 The Hon orable Louis Stokes: The Terry Spring 2004 Executive Editor: Case and Brown v. Board of Education Mary McKenna Editor: Louise F. Mooney 43 A Brilliant Year at the Law School Graphic Design: Szilagyi Communication Design Printer: Fineline Litho Photo Credits: Mary McKenna, Bill Rieter, Louise Mooney and Steve Zorc Departments We hope you enjoy this new issue of Law Notes and ask that you continue to contribute and respond to information in this and future issues of Law Notes . 2 Dean's Column Special thanks to Leon M. Plevin '57, Donald F. Traci 'SS, Susan L. Grage! 17 Life Members '80, Daniel R. McCarthy 'S4 and Sheldon Sager for their commitment 46 Alumni Happenings in support of this publication. The CMLAA Board of Trustees is dedi­ 55 Faculty and Staff cated to serving the alumni, students, faculty and staff of the College of Law. Happenings For comments and suggestions, please feel free to contact the Law Alumni Association Office at 216-687-2368 or by email at [email protected] Law Notes, issued by the Cleveland-Marshall Law Alumni Association c/o Cleveland State University 2121 Euclid Avenue, LB 121 Cleveland, Ohio 44115 Spring 2004 1 Dean's Column

The Law School and the University

by Dean Steven H. Steinglass most law students are full time, the law school re­ he modern law school belongs in a univer­ mains committed to providing an opportunity for sity, and for the past 35 years the Cleveland­ the part-time study of law. The part-time evening TMarshall College of Law has been an impor­ program has been joined by a part-time day pro­ tant part of Cleveland State University. gram, and our students have great flexibility as they Established in 1897 as the Law Department of move between programs and take courses in the Baldwin-Wallace University (as it was then known), day or evening after completing the required first the Cleveland Law School became an independent year of instruction. law school in 1899 and from 1916 to 1946 co-ex­ One need only visit the law school to see how isted with its downtown rival, the John Marshall Cleveland-Marshall has benefited from being part School of Law. In 1946, these two part-time, of a public university. A private law school might evening-.division law schools merged and operated not have been able to raise the funds to build a independently until the late 1960s when the law modern law building in 1977, to build a world-class school again went looking for a university affilia­ Law Library in 1997, or to plan the building up­ tion. And after a brief merger with Baldwin-Wal­ grade that is presently being considered (and is de­ lace, the law school merged with Cleveland State scribed on page 24 of this issue). Nor would a pri­ University in 1969. vate law school have been able to maintain a The decision to merge the law school and the reasonable tuition level. Today, our full-time resi­ University had its critics. Some members of the law dent tuition, which will increase to approximately school community preferred that the law school re­ $13,000 per year in the fall of 2004, though increas­ main independent, while others recognized the ad­ ing significantly in recent years because of state cuts vantage of a university affiliation but sought a dif­ to higher education, is still far less than half of the ferent partner. Likewise, many at Cleveland State cost of private legal education in this state and the University, including members of the CSU Board of nation, and our graduates are able to begin their ca­ Trustees, were concerned about whether the addi­ reers without the six-figure educational debt that is tion of a professional school would detract from the common among graduates of private law schools. University's mission. And what did Cleveland State University get Other Board members, especially Alvin "Buddy" from the merger? The new University obtained an Krenzler and the late Joseph W. Bartunek III had a instant and distinguished alumni base that was, different vision and strongly supported the merger. and is, the foundation of the legal community in They also had the skills to develop support for their Northeast Ohio. Cleveland-Marshall has educated plan. Judge Bartunek, a 1955 graduate of the law many of this region's most prominent lawyers, school, had been part of the Democratic leadership judges, businesspersons, and political leaders, and in the Ohio State Senate and one of the chief propo­ the law school's tradition of community involve­ nents of the creation of Cleveland State University ment is precisely what Cleveland State University in 1964. Judge Krenzler had worked for Republican President Michael Schwartz has articulated as part Governors William O'Neill and James Rhodes. of his vision for the University. These two lawyers (and future judges) played a piv­ Regardless of which school issued our graduates' otal role in developing the political support for diplomas, the University can rightfully claim a con­ their vision of an urban university with a public law nection to much of the political and legal leader­ school. ship of our community, including a current mem­ Thirty-five years after the merger, it is clear how ber of the United States House of Representatives, correct these two founders were. the Honorable Steven C. LaTourette '79, and five Today, the law school is a far different institution former members of the House, Edward F. Feighan from what it was during its first 70 years. Though '78, Dennis E. Eckart '74, James V. Stanton '62,

2 Law Notes Louis Stokes '53, and Robert E. Sweeney '51; the cur­ tract. During the last 35 years, the law has become rent Cuyahoga County Prosecutor, William D. Mason more complex, and the study of law has become more '86, the current President of the Cleveland City Coun­ interdisciplinary. The law school faculty includes a cil, Frank G. Jackson '77 and several of his predeces­ number of teachers with doctoral and other advanced sors, George L. Forbes '62, the late Anthony J. Garo­ degrees, and the University faculty includes a number foli '61, and Edward]. Turk '54; 70 percent of the of teachers with ].D. degrees and with academic inter­ . state and federal judges in Cuyahoga County; two of ests in the law. The ability of law faculty to work with the last three chief judges of the United States District faculty from the College of Business Administration Court for the Northern District of Ohio, the Honor­ and the College of Urban Affairs and from the Depart­ able George W. White '55 and the Honorable ments of Art, Psychology or Sociology (to identify Thomas D. Lambros '52; the last two United States only a few of the recent collaborations) strengthens all Attorneys for the Northern District of Ohio, Emily disciplines and contributes to what it means to be part Sweeney '81 and Greg A. White '77, and three cur­ of a University. And this participation by the law rent members of the Ohio Supreme Court, the Honor­ school faculty in the intellectual life of the University able Maureen O'Connor '80, the Honorable Terrence has been recognized by the membership of 22 mem­ O'Donnell '71, and the Honorable Frances E. bers of the law school faculty in the University's Grad­ Sweeney '63. uate College. The University has also looked to the law school for The number of patrons and the circulation statistics governance, and law school graduates who have confirm the Law Library as yet another important re­ served on the Board of Trustees include the current source for the entire University. The Law Library's 500, Chairman, Tim Cosgrove '83, and his immediate pre­ 000-volume collection is the second largest collection decessor, Michael L. Climaco '72 as well as former of legal materials in the state, and faculty and staff trustees Joseph W. Bartunek, Annette G. Butler '70, throughout the University avail themselves of the col- The ability of law facuity to work with facuity from the College of Business Administration and the College of Urban Affairs and from the Departments ofArt, Psychology or Sociology (to identifj; only a few of the recent collaborations) strengthens all disciplines and contributes to what it means to be part ofa University. and Anthony J. Garofoli. Moreover, Steven W. Percy lection as well as the assistance of our full-time refer­ '79 has served as the Chairman of the Cleveland State ence librarians. University Foundation. The law school faculty also play an important role In the law school, the University also obtained a on issues of University governance. The first President partner for many of its academic initiatives. Today, in of the Faculty Senate was a law school faculty member, recognition of the important role that law plays in and last year a member of the law school faculty, Pro­ other disciplines, the University, through collabora­ fessor Patricia J. Falk, chaired the committee that de­ tions between the law school and the Maxine Good­ veloped a proposal for the University's first compre­ man Levin College of Urban Affairs and the James J. hensive Honors Program for academically superior Nance College of Business Administration, offers four undergraduates, one of President Schwartz's most im­ joint-degree programs that allow students to receive portant initiatives. both their J.D. and Master of Business Administration Composed of seven colleges and a graduate college, (M.B.A) or a ].D. and Master of Public Administration Cleveland State University is younger than many of its (M.P.A.) or a J.D. and Master of Urban Design and De­ parts. A university's strength and reputation rest on velopment (M.U.P.D.D.) or a J.D. and Master of Envi­ the different strengths of each of its components. The ronmental Science (M .E.S.). In other words a student University and the law school have strengthened one can earn two graduate degrees in one four-year pro­ another and fulfilled the vision of those who, four gram. decades ago, understood that a public urban univer­ The law school and the University both benefit sity would benefit from a law school and that a mod­ from the faculty's participation in the community of ern law school would benefit from a university. scholars and researchers that only a university can at-

Spring 2004 3 Presenting the 2004 Cleveland-Marshall Law Alumni Association Distinguished Alumni: Sheryl King Benford

How perilous is it to choose I not to love the life we're shown? - Seamus Heaney

Sheryl King Benford '79

he office of the Greater Cleveland Regional Transit Authority General Counsel and Deputy General Manager for Legal Affairs, Sheryl King Benford, is in a restored turn-of-the-century building in the heart of downtown Cleveland's Warehouse Dis­ Ttrict. To be admitted into the building and the office of the General Counsel, a visitor must sign in, wear a visitor's badge, pass an informal inspection, and be escorted to her destination. So my first question to Sheryl is, "Why all the security?" As it turns out, the heightened security is a post-9/11 precaution, and on March 11, when terrorists simultane­ ously detonated 10 bombs on commuter trains in Madrid during the morning rush hour killing 200 citizens on their way to work, I had an enlightened vision of the responsi­ bilities that rest upon the shoulders of our graduate of the class of 19 79, Sheryl King Benford. I also knew that Greater Cleveland's transit system was in good hands. For Sheryl is in charge of GCRTA's Legal Affairs Department, which includes the Safety Department-the department that deals with safety issues and employee and rider pro­ tection. The life Sheryl was shown is not the life she chose; in­ stead she chose the life she dreamed. Listening to her tackle whatever drops on her doorstep-at GCRTA or any­ speak, I found almost immediately that many of her con­ where. siderable accomplishments began with someone telling Sheryl King Benford is not only the law school's proud her there were challenges involved and hardships ahead product; she is also the city's. She began life in her parents' because she was (1) not a boy, because she was (2) poor, be­ home in Cleveland public housing; a sister, Valerie, was cause she was (3) a woman, because she was (4) a black born 19 months later. Sheryl spent her first school years at woman. In many ways, being told she could not do some­ Case-Woodland Elementary School. But then, as she ex­ thing has defined her life. And about that word, "chal­ plains, "My mother was diagnosed with tuberculosis and lenge"? She loves it. So, I am confident she will be able to Benford continued on pg. 6

4 Law Notes ,and Tim Russert Stand in here in front of me I and take the strain. -Seamus Heaney

phrase, "a smiling public man." In fact, he is that and much more; fortunately, however, among his many Irish traits, the gift of blarney is decidedly absent, and for the past dozen years, Tim has been the straight-talking, cut-to­ the-core, hard questioning moderator of NBC's "Meet the Press." For many of his guests, spending a pleasant Sunday morning hour on "Meet the Press" has turned into a call to judgment. The Law SChool's Most Visible Graduate Before joining NBC News in 1984, Russert-1976 Cleve­ land-Marshall diRloma in hand-prepared for his career in journalism by broadening his political expertise in the executive and legislative branches of the government as counselor to New York Governor Mario Cuomo and as special counsel and Chief of Staff to US Senator Daniel Patrick Moynihan, who eventually helped him land his job at NBC. Tim first appeared on-air for NBC News in 1990 and took over the helm of "Meet the Press" in 1991. Since then the 57-year-old program has become the most quoted news source in the world, and its national audi­ ence has grown by leaps and bounds, making it America's most watched Sunday interview program and perhaps the country's most influential. Unquestionably the law school's most visible graduate, Tim has interviewed every aspirant and every occupant of the White House since Tim Russert '76 1991; he has grilled as well members of Congress, foreign diplomats, heads of state, kings, generals, members of the o look at Tim Russert is to see the people and the President's cabinet, heads of the FBI and CIA, and practi­ map of Ireland writ large: An openness in his ex­ cally every major player on the national and international pression, a keen and ready wit, a genial, welcoming political front-from David Duke to King Hussein to Tony manner-all right there on the surface, so that he Blair to Jesse Jackson to Hillary Rodham Clinton to Prince might appear for all the world to be, in Yeats's T Russert continued on pg. 7

Spring 2004 5 Benford from pg. 4 watching the old Perry Mason show on you're never going to go to college be­ spent the next several years at Sunny TV, Sheryl remembers telling her father, cause you can't afford it; you'd be a Acres Sanitarium. Our parents di­ "This is for me." good secretary though." He may as well vorced, and for a while Valerie and I "Are you crazy?" he scoffed. "Do you have been speaking to a brick wall. Be­ were in foster care. Then our father re­ know any black women lawyers?" cause she knew better than he did the married, and we lived with him and his "My father was old-fashioned; he did girl he was dealing with and, as we shall new wife in Hough." Eventually Sheryl not believe in education for women," see, one day Mr. Lawson would too. and Valerie had two half-brothers and Sheryl remarks. "Women got married Sheryl headed from high school to two half-sisters. and had kids." Her father may not have Wilberforce University, an historic known any black lawyers, but he didn't black university in Wilberforce, Ohio. Do What Your Teacher Says? know his own daughter either. As she remembers, "I never heard of Japanese, Hungarians, American Indi­ Wilberforce; all I knew was I had to get 11 ans, Puerto Ricans and, of course, white When I fi.rst went to my myself to college. I chose Wilberforce and African American children at­ new school, I was tested simply because one of my teachers had tended her new school, Dunham Ele­ gone there, and she told me I could get mentary in Hough, but though the once; then I was tested a scholarship." The University did in­ school was institutionally integrated­ again, 11 she recalls. The deed give her a scholarship, and an­ a mix of post World War II Ameri­ other, smaller scholarship came along cana-at heart the school was segre­ problem was not that she by way of a group of garden club gated. "When I first went to my new tested poorly but that she women in Shaker Heights who had cre­ school, I was tested once; then I was 11 ated a scholarship for "a needy Negro tested again," she recalls. The problem tested too well. You're a girl." Have the gardens of Shaker was not that she tested poorly but that freak, an overachiever, 11 her Heights ever again bloomed so she tested too well. "You're a freak, an brightly? overachiever," her second-grade second-grade teacher told She majored in education and gradu­ 11 teacher told her. "Black kids don't test her. Black kids don't test ated cum Laude in 1971 with a B.S. in Ed­ this well." Her teacher soon found she 11 ucation. She was the first member of had an even bigger problem on her this well. her family to graduate from college. hands: a child who was black and didn't Fortunately for all of us, the day that Sheryl had done her student teach­ mind being black. "I had a beautiful an African American teacher with the ing at Shaw High School, where she at­ box of Crayola crayons. We all drew pic­ magical name of Ellsworth Harpole tracted the attention of teachers and tures of our families. I colored my fam­ walked into Willson Junior High School administrators who recommended her ily our colors: tan, brown and then very was a happy day in the lives of the to the principal. And in one of those dark brown. The teacher scolded me: school children of Hough. Mr. Harpole twists of fortune that compel us to 'You can't use those colors; you have to was the kind of inspirational teacher question life's inexplicable turnings, use the flesh-colored crayon,' which every youngster should have. "He be­ she found herself in the office of the was sickly pink. 'Do what your teacher lieved in my class. He believed in me," guidance counselor who had once sug­ says,' my father said. But my family is­ says Sheryl. He gathered the brightest gested she'd make a good secretary. n't pink," she insisted. "I won't color children-the gifted, the academically "What are you doing here?" Charles them pink." And she didn't. talented, the super-achievers-under Lawson asked and then admitted, "I Today she says, "I learned early on I his wing. Sheryl was one of those, and think I was wrong." Best of all he hired could compete with anyone. I was as he kept all those shining lights together her straight out of Wilberforce to teach bright as anyone. Some were brighter, and mentored them throughout their English. Eventually, Mr. Lawson would some were not, and it didn't matter middle school years. She graduated become the Assistant Superintendent what race they belonged to. People were from Willson as the first female and the of the East Cleveland school system. people and I always felt that people first African American President of the Approaching him one day, she sought were more alike than they were not." graduating class, and to this day she re­ his advice about becoming an adminis­ mains as proud of her first break­ trator. "Oh, no," he answered, "you're "Know Any Black Women Lawyers?" through for her race and gender as she far too soft-hearted. Administrators "My mother was released from Sunny does of the many other breakthrough have to make hard decisions." (As if Sh­ Acres when I was around ten, but her honors that have come her way. eryl King Benford had never made a doctor said that she was only strong hard decision!) Mr. Lawson went on va­ enough to care for one child. My sister "I never heard of Wilberforce." And cation, and while he was gone, Sheryl was younger and hardly knew my Inexplicable Turnings managed to get herself promoted to the mother, so she went to stay with her For Sheryl, finding her way to college district's Program Coordinator for ele­ and I remained with my father." It was was like threading her way through a mentary schools. And from there it was not an easy life. "I used to think of my­ labyrinth whose end she could not pos­ one promotion after another until her self as Cinderella: cooking, cleaning sibly anticipate. The labyrinth began final district office as unit principal at house, taking care of the kids. School with her East Tech high school guidance Shaw West High School. Along the way, was really my refuge." One day lying on counselor, Charles Lawson, telling her, the incorrigible educator had earned a the floor in my father's living room, "You're smart, but you're poor, and Benford continued on pg. 8

6 Law Notes Russert from pg. 5 read six or seven newspapers a day and BIG Russ AND ME: FATHER ANDS ON: LESSONS Bandar. And, on top of that, he is the every magazine and journal and book I FROM LIFE*, a homage to his father and a single American TV reporter to have in­ can get my hands on; watch every in­ portrait of his own upbringing in post­ duced a Pope to sit down for a chat. terview that these candidates give or WWII Buffalo. The elder Timothy Big things-sometimes career-defin­ our leaders give and the statements Russert quit school in the tenth grade to ing things-happen on "Meet the they offer on the floor of the House or serve in the war. After the war he Press". In the past few months alone, the Senate and inside the governors' worked days for the Sanitation Depart­ Ralph Nader announced his campaign mansions. You have to read newspapers ment and nighttime drove a truck for for the Presidency; Howard Dean took that represent both political philoso- the local evening paper in order to raise the first steps toward sabotaging his his four children and give them a own candidacy by testily objecting to There are rabid web pages chance at an education he never had. Tim's questions, and Ambassador Paul According to an early review of BIG Russ Bremer, Presidential Envoy to Iraq, that accuse Tim ofliberal AND MEin Booklist, "Russert celebrates brought some discredit to his authority bias and rabid web pages his father's generation, young men who when he failed to respond adequately went off to Europe for World War II and to Tim asking him, "On June 30, You're that accuse him ofconserva­ returned to create the largest middle going to turn the keys over to the Iraqis. class the U.S. had ever known, a genera­ Who do you turn them over to?" tive bias. The truth is, Tim tion known for their stoicism and sense ("Meet the Press" transcript, 4/11/04). is so unrelenting in his ques­ of duty.... He recalls his tight-knit neighborhood in working-class Buffalo, So, Who Do You Think lim Votes For? tioning it would be difficult dominated by the Catholic Church and There are rabid web pages that accuse the American Legion, [where] neigh­ Tim of liberal bias and rabid web pages to make a definitive case bors looked out for each other as chil­ that accuse him of conservative bias. one way or the other. dren played hide-and-seek and capture­ The truth is, Tim is so unrelenting in the-flag, listened to radio shows, and his questioning it would be difficult to phies, whether it's The New York Times watched television favorites." And, make a definitive case one way or the or the Washington Post or the Wall Street sometimes, the future TV journalist was other. For example, this year on Febru­ Journal or the Washington Times and drawn to watch "Meet the Press," where ary 8th Tim hurled this question at create as much balance as you can. And he might see Nixon or Kennedy or Cas­ President Bush: "How do you respond really try to have a true sense of how tro being interviewed by Lawrence Spi­ to critics who say that you brought the [policy makers] have come to their con­ vak or any of the seven moderators who nation to war under false pretenses?"; clusions and how well versed and artic­ preceded him to his NBC job. he then asked him, not once but three ulate they are in their proposals. Or are According to another "Big Russ " re­ times, whether he would appear under they simply [consumers of] fodder that viewer, Tim's world was "anchored by oath before the special committee in­ has been dropped into their heads by the institutions of marriage, family, vestigating the circumstances leading campaign consultants? I try very hard church, school" and the Jesuit instruc­ up to September 11. Conversely, on to anticipate their initial stock re­ tors who "strengthened and solidified" April 18 he opened his interview with sponse, their prefab answer, if you will, his character. And at his world's center Presidential rival John Kerry by show­ their canned reply, and take that away was always Russert's father, a man he ing him focus group figures that fa­ from them and force them in the sec­ unfailingly calls "his hero." vored Bush over Kerry when the groups ond, third, fourth follow-up to provide Tim, who is also NBC Washington Se­ were asked, "Which candidate says some true sense of where they want to nior Vice President and political analyst what he believes?" Tim continued his lead the country." It is Tim's incredible for "The Today Show," tells any and probing by reporting that Kerry's com­ command of material that accounts for everyone that he is the first member of manding officer had questioned the his success and raises the ire of those his family to go to college, that the road merit of Kerry's first Purple Heart and flummoxed by the questions of a man that led him from his Catholic elemen­ by asking the candidate to make his who knows more about them than tary school to his Jesuit high school and military records public. they do-the journalist who has facts, college, John Carroll University, to In other words, Tim Russert is not for figures, statistics, who can flash a quo­ Cleveland-Marshall and ultimately to sale; in fact, in the judgment of at least tation on the screen and demand a co­ NBC was a road he traveled with little one member of his audience, his great­ herent explanation, whose antennae money and the riches of determination. est virtue is to hold up all points of view for contradiction can utterly disarm the The gifts he assimilated from his fa­ to impartial scrutiny and to hold the self-promoters and the self-righteous. ther's persistence in believing that the powerful of this world accountable for Let us just say, he fears none, and any America he fought for would not fail his their decisions and actions. criticism he receives, he rides out. children. On one issue, however, both his de­ tractors and his fans are in accord: Tim "Big Russ" In the Days of the Butterfly Ballots knows his stuff. On a visit to the law There is, however, one viewer whose During and following the unsettled school shortly after the scrambled 2002 opinion of his performance he seeks af­ 2000 Presidential election, there was no election, Tim described his weekly ter every "Meet the Press" session: his political commentator more reliable in preparations for "Meet the Press," "I father, Timothy Russert, the subject of Russert continued on pg. 9

Spring 2004 7 Benford from pg. 6 vious marriage, and, if affection counts, Patricia A. Hemann. Riding together to Master's degree in education from the he is Sheryl's son also. "They are two Columbus to set up the organization, University of Akron. great kids," she announces. Judge Hemann mentioned she was on "Every year that I was gone, the the transition team for the new Shaker Revisiting Perry Mason Cleveland Law Director, Marilyn Zak, Heights Mayor, Pat Mearns; she urged By 1976 the Perry Mason show was lan­ called me and asked me to come back. Sheryl-not once, but several times- to guishing somewhere in the late night When Dory was three and kept won­ apply for the law director position. fog of reruns, but that little girl's dream dering whether I didn't have a trial to "She really insisted," Sheryl recalls. "I was still playing in full color on the go to, I decided the time had come. had an old beat-up Xeroxed resume in large screen at the back of Sheryl's Russ Adrine ('55), who was legal my briefcase, and Pat took it to the mind, and three years after the Shaw counsel at GCRTA, wanted me to work transition team." Does anyone doubt High School Unit Principal enrolled at for him, and I was considering it. Then what happened next? Scores applied; Cleveland-Marshall, she was able to I got another call from Marilyn Zak say­ the Mayor's first choice was Sheryl King hang up her law degree beside the other ing, 'Someone called me from RTA Benford. As the city's chief legal coun­ degrees lining her office wall. And that checking your references. Whatever sel, she had oversight for all the city's was an accomplishment that most full­ they offer, I'll pay $2,000 more'." And civil and criminal legal operations and time-employed students barely manage thus the GCRTA was the next stop for was the mayor's indispensable counsel. in four years as part-time students. Sheryl. "It worked beautifully; Pat was a stu­ Sheryl did not slip unnoticed pendous mayor. We had such a produc­ through Cleveland-Marshall. Teachers GCRTA-First Tune Around tive and friendly relationship, and we and administrators noticed her, and on This is a woman who thrives on chal­ did great things for the city. That was a the eve of her graduation, Dean Robert lenge and change, and when GCRTA fulfilling time in my life." Bogomolny hired her as the law dangled an irresistible carrot in front of school's Assistant Dean of Admissions, her-to head-up the close-out of the GCRTA- Second lime Around and, once more, she was the first Afri­ Tower City Station project-she rose to Mayor Mearns served two terms with can American woman to hold that job, the occasion and accepted the position Sheryl at her side and decided not to and she hadn't yet taken the bar! Stu­ of Associate Counsel. As she explains, seek a third, so when Ron Tober, then dents had noticed her too, and one in the Tower City project, a partnership GCRTA's General Manager, asked her to particular, Ron Benford ' 79, a CIBA­ between public and private entities that apply for the General Counsel position Geigy Pharmaceuticals drug representa­ transformed the old Terminal Tower in 2000, she agreed, was interviewed, tive, announced to any who would lis­ station into an indoor mall, was about was swiftly hired and today finds her­ ten that Sheryl King was the girl for to be concluded and there was a dis­ self working for the 13th largest transit him. And she was: The Benfords were agreement involving millions of dollars system in America, directing the legal married in 1980. Of course, before she in change orders. "I was just supposed activities of a staff of over 40 employees agreed to marry him, Ron, who had to fill in as a kind of contract lawyer, and safeguarding the safety of a huge been a leisurely student, had to prove but I'm a big picture person, and I ridership of over 52 million greater he could keep up with Sheryl: That thought we could do a better job for the Clevelanders crossing and re-crossing meant he had to exhaust himself in se­ public partner. I told the General Man­ the city and its suburbs yearly. And this rious study so that the pair could gradu­ ager, and he agreed. I thought he would massive responsibility she bears with ate together in the same class. appoint one of the men already work­ efficiency, grace and unflappable deco­ "I wanted to do everything. I wanted ing on the project, but, instead, he ap­ rum. Sometimes she must call upon all to practice law, to deal with clients, to pointed me. It was a wonderful experi­ her resources of courage as well: Sheryl litigate," Sheryl says by way of explain­ ence: I learned so much; I learned was hired in April; in September her ing why, in 1981, she left law school ad­ construction law, real estate law, dis­ husband was diagnosed with pancre­ ministration to take a job as an Assis­ pute resolution, and I supervised engi­ atic cancer and died four months later tant Director of Law in the City of neers, finance support staff, and out­ in January 2001. "Ron insisted that I Cleveland Law Department. She got side legal counsel. " As her husband Ron continue working," she recalls, "and as what she bargained for in one of the remarked, "You take little jobs and difficult as that was, the people here most demanding legal departments in make them enormous." Which is to were wonderful. They and the work the nation. "I loved that job. I did say: She makes them worthy of the sustained me and kept me sane." everything they let me do: I tried cases, worker. represented clients, dealt with every­ What Goes Around .. . ? thing from employment issues to tort Shaker Heights Residents, Thank the In that Sheryl has twice returned to litigation to drafting legislation. I cre­ Honorable Patricia A. Hemann 'BO work for previous employers, it crosses ated my own job, and I never had to In 1991 a group of women lawyers, my mind happily that perhaps she carry anyone else's briefcase." She re­ many from Cleveland-Marshall, might find her way back to Cleveland­ mained with the department until founded the Ohio Women's Bar Asso­ Marshall, so I ask her whether she 1984 when it was time for her daughter, ciation, an organization long overdue thinks she will be at GCRTA forever. Dorothea (who likes to be called in the state. Sheryl was among the "This is such a great job," she says. "I'm "Dory"), to be born. Dory joined her founding mothers and so was United able to do so much here: We handle half-brother, Kevin, Ron's son by a pre- States District Court Magistrate Judge claims and workers' compensation,

8 Law Notes Benford from pg. 8 troops in the streets, .. [and] we know sive media focus on the often lurid and safety issues and so much more. A well­ we are going to work through this ... . unsavory lives of "celebrities," Ameri­ functioning public transportation sys• Through a mixture of good will, our le­ cans could count on the likes of Edward tern is critical to the environmental and gal system, and the Constitution, we R. Murrow, John Cameron Swayze, social health of our country. I've always will find an end and reach a conclu­ David Brinkley, Walter Cronkite and a done public sector work; it's doing the sion. [W]hat an extraordinary and suc­ host of other substantial spokespersons work of the people so it's the most re­ cessful experiment we are!" and TV anchors to deliver the unbiased, warding job you can have. I'm very often unrehearsed, news to their living­ proud to be where I am, now, at this rooms. Even when Murrow spoke from moment." He has told our students, a cloud of cigarette smoke, you knew 11 But, still I think; Cleveland-Marshall My legal training is the you were getting the unvarnished is a public law school, so why not? We underpinning ofwhat I truth, and Walter Cronkite's credibility can always hope. After all, we know the was so great that when he returned words that work magic on her: "chal­ do each and every Sun­ from Vietnam and announced to the lenge," "responsibility " and, now, day. It taught me to as­ American public "It seems now more "public service." And, if all else fails, certain than ever that the bloody expe­ just tell her, "You can't," and see what similate huge amounts rience of Vietnam is a stalemate," the happens. LFM of information and in a nation knew for certain that we were fighting a war we could not win. Nowa­ Law Notes thanks Ms. Benford's assistant, very disciplined and logi­ days, as Tim has pointed out, television Gizzela Gregoire, for her help in writing cal way to reduce [the in­ journalists are often uninformed, read­ this article. ing questions from teleprompters and formation] to the seldom following up with the kind of essential issue." clarifying and probing enquiry the mo­ ment demands. Not so our graduate. Russert from pg. 7 "Everything Rows from There." David Halberstam wrote in The Pow­ Our honoree has never forgotten where ers That Be that Edward R. Murrow was his reporting than Tim Russert who, he came from and how he came to be "one of those rare legendary figures with the help of his now famous chalk where he is. He keeps up with Sister Lu­ who was as good as his myth." Tim is board (he calls it his "tote board," and it cille Socciarelli RSM, his seventh grade not yet old enough to be a legend or is now the property of the Smithsonian teacher at St. Bonaventure's School in have an intact myth, but, in his 20th Institution), consistently outfoxed West Seneca, New York, who created a year at NBC and his 12th at "Meet the computers as he configured and recon­ class newspaper and made him its edi­ Press," he is well on his way: Already, he figured the scenarios that would play tor; who insisted that he go to Canisius has won awards bearing the names of out if Michigan or Pennsylvania or High School and found him a scholar­ Murrow, Cronkite, and Brinkley, each Florida went this or that way; if "chads" ship and a 70-cents-an-hour job at St. award finding in Tim the kind of coura­ were pregnant or "swinging"; if this Michael's Rectory in Buffalo. He re­ geous and conscientious journalism court or that ruled this or that way. And members and thanks his undergradu­ practiced by his predecessors-the he was surely one of the few reporters ate college, John Carroll University, laudable objectivity and balance that who could with some clarity repeatedly and he thanks his law alma mater as has often required him to wrestle for explain the electoral system or forecast well: He has told our students, "My le­ the truth with the world's leaders­ the course of the election if it were gal training is the underpinning of sometimes with an angel and some­ thrown into the House or into the Sen­ what I do each and every Sunday. It times with the devil himself. ate. taught me to assimilate huge amounts Finally, on a personal note, as some­ On November 11, 2000, in the thick of information and in a very disci­ one who has voted for more candidates of the ensuing post-election melee, plined and logical way to reduce [the who have lost than have won, I have to Tim visited the law school to speak to information] to the essential issue. admire a person who doesn't give up, our students and the legal community; Everything flows from there." More­ who won't stop rooting for the Buffalo this is what he said about our country: over, his gratitude goes beyond words: Bills: our alumnus, Tim Russert, moder­ "It's seven days after the election, and For the past five years, Tim andJamesJ. ator of the country's truest reality show. we don't know who the 43rd President McMonagle '70 have served as co­ LFM of the United States will be ... and the chairs of the Cleveland-Marshall An­ wonderful thing . . . is that we can nual Fund Drive. The McMonagle­ *Tim's book will be on sale and he will laugh about it and talk about it. And it's Russert team has helped the law school autograph your copy at the CMLAA our Constitution before us, working raise close to three million dollars for Annual Recognition Luncheon at the 200 years after our founding fathers de­ our students and our programs. Which Renaissance Cleveland on May 27. vised it. It's our local, state and federal is a lasting way of saying thank you! levels actively engaged. And I don't have any trepidation or fear. . .. [T]he The Best Reality Show on TV country is secure .... There're no tanks, Before the strange new world of "re­ there're no demonstrations, there're no ality TV" and before the days of exces-

Spring 2004 9 WHYI I have been a mentor since the program's inception, but my definition of "mentor" is a bit more idiosyncratic. Yes, I am teacher, connector, and friend, but I am also a coach. I spend lots of time motivating my students, en­ LOVE BEING couraging them to push themselves, telling them that they will survive the first year of law school. Although the pro­ gram's guidelines instruct the student to initiate contact, I always initiate contact with my new mentees, typically by A MENTOR e-mail. I introduce myself and give them this unsolicited advice: "Take law school seriously." I tell them to study hard, find out what their professors want, and give it to them, and avoid those students who are negative and not committed to performing their best. I then schedule lunch with them and reiterate these points. After the first meeting, I e-mail my mentees a few more times, but if they do not respond, I stop. A few of my By Vincent T. Lombardo '81 mentees (not many) have decided not to take further ad­ vantage of the program. But most have kept me as a men­ leveland-Marshall Law tor after the first year and even after graduation. I write my Alumni Association is students letters of reference, call potential employers unique in having a singing their praises, give them tips on how to interview Mentor Program. Un­ with particular lawyers, and help them maintain their san­ der the leadership of ity while studying for the Bar. CSheryl King Benford '79 and Gre­ Over the years, I find myself giving as much personal gory F. Clifford '81, Minority Con­ as professional advice. I have found that I cannot counsel cerns Committee Chairs, the Law a student about curriculum and career if he or she is trou­ Alumni Association began a Minor­ bled or preoccupied by other issues, so now I advise my ity Mentor Program in 1990 to increase the retention rate students on everything from managing their course loads of minority students. The program was sponsored by CM­ to managing their busy lives outside of law school. LAA's Minority Concerns Committee and was so successful What do I get out of this? Like me, most of my and so popular that the program was expanded to include mentees are the first in their families to go to law school, all students the following year. Under the aegis of the Asso­ and I find it most satisfying to give these students direc­ ciation's Professional Opportunities Committee, an aver­ tion and instill confidence in them that they, too, can tra­ age of 150 law students per year-almost all first-year stu­ verse unknown terrain. It is wonderful to see them succeed dents and transferees-have participated in the Mentor while maintaining civility and decency because, above all, Program. Thus, some 1,800 law students have taken advan­ I impress upon my mentees that they need to be ethical, tage of this Program since 1991, and an equal number of professional, courteous, and well-rounded. They are not attorneys have volunteered their time to be mentors. Un­ just good students and good lawyers, but good people. der the guidance of CMLAA Executive Director Mary Mentoring allows me to contribute to a law school that I McKenna, this program is driven entirely by volunteers. revere and to a profession that I still love after 22 years of Most dictionaries define a mentor as an advisor, coun­ practice. But the most fulfillment that I have received as a selor, or teacher, and a good mentor is all of these things mentor is seeing my mentees themselves become mentors. and more: He or she is also a friend. The purpose of the The circle is unbroken. Mentor Program is to provide students with someone who Being a good mentor requires energy, commitment, can guide them, advise them, and give them emotional and good listening skills, but you must also accept the fact support. The March 1995 issue of the ABA Journal con­ that students will not always heed your advice and may tained an excellent article on mentoring, which stated that fall flat on their faces as a consequence. But that is as it there are three components to being a good mentor. First, should be: The mentor is there to advise and counsel, not the mentor is a teacher, the "information professional." to decide. In the final analysis, the mentor is above all a Second, the mentor is a "connector," a person who helps teacher, one who does not provide the answers but leads make the necessary connections for the student along his students to find the answers for themselves. As Kahlil or her career path. Finally, the mentor is a friend, someone Gibran described a good teacher: "If he is indeed wise he who manages the heart and spirit of the mentor-student re­ does not bid you enter the house of his wisdom, but rather lationship. leads you to the threshold of your own mind."

10 Law Notes Thanks to Mentors Mr. Matthew B. Abens Mr. Larry Jones '02 Ms. Kathryn Regne ry Vadas '99 Mr. Gary S. Adams '83 Mr. Joseph T. Joseph '98 Mr. Royce R. Remington '88 Ms. Beverly A. Adams '02 Mr. Andrew A. Kabat '94 Ms. Darnella T. Robertson '94 Mr. Louis S. Aliberti '97 Mr. Keith Kearney '98 Mr. Michael J. Roche '01 Mr. Richard C. Alkire '80 Ms. Sheryl King Benford '79 Ms. Carol A. Roe '90 Mr. Richard J. Ambrose '87 Ms. Lenore Kleinman '86 Mr. Stephen Rowan '80 Ms. Donna M. Andrew '96 Mr. Richard S. Koblentz '75 Judy Rubenstein '91 Mr. Kemper D. Arnold '80 Ms. Martha H. Krebs '79 Ms. Kate E. Ryan '97 Mr. Michael Babinski Mr. Wayne Kriynovich '88 Ms. Denise J. Salerno 2003 Mr. David A. Beal '82 Ms. Lori White Laisure '89 Mr. Joseph M. Saponaro '99 Ms. Teresa Beasley '93 Mr. Colman Richard Lalka '81 Mr. Mark Savage '98 Mr. Christopher S.W. Blake '99 Ms. Meegan Lally Spicer '93 Mr. Thomas J. Scanlon '63 Ms. Chrisana Blanco '01 Mr. Dennis R. Lansdowne '81 Mr. Gregory S. Scott '96 Mr. Timothy A. Boyko '89 Ms. Christine Marie LaSalvia '02 Mr. Mark S. Shearer'96 Mr. Edward T. Brice '7 4 Ms. Meghan Laws Mr. Brendan J. Sheehan '93 Mr. John C. Bucalo '93 Mr. John H. Lawson '76 Ms. Michelle Joseph Sheehan '93 Ms. Charlett Bundy Ms. Michele M. Lazzaro '81 Mr. Thomas J. Sheehan '98 Mr. Matthew G. Burg '00 Mr. Vincent T. Lombardo '81 Ms. Kristen Sherlock '01 Hon . Janet E. Burney '79 Mr. John J. Lombardo '71 Mr. Anthony Siciliano '89 Mr. Kevin Butler '01 Ms. Cynthia D. Lowenkamp '95 Mr. Paul Arthur Sikorski '03 Ms. Geraldine J. Butler '98 Ms. Catherine Ma '97 Ms. Linda G. Silakoski '96 Mr. Kevin Butler '01 Ms. Lisa Mack Mr. Zachary B. Simonoff '98 Ms. Janeane R. Cappara '99 Ms. Caitlin Magner '02 Mr. David J. Skrabec '75 Mr. Terrence P. Carl '98 Ms. Julie E. Mascio '99 Ms. Em ily A. Smayda '99 Mr. George H. Carr '98 Mr. William D. Mason '86 Ms. Amanda Smith Mr. Michael P. Cassidy '83 Ms. Shorain Lue McGhee '03 Ms. Catherine K. Smith '95 Mr. Henry W. Chamberlain '90 Ms. Maureen M. McGuire '02 Ms. Arlene Sokolowski-Craft Ms. Meena Morey Chandra '92 Ms. Kelly McHargh-Jackson '98 Ms. Kristie Sosnowski '01 Mr. Robert I. Chernett '72 Ms. Stacey L. McKinley '97 Mr. Michael J. Sourek '02 Ms. Mary L. Cibella '83 Ms. Sherrie Mikhail Mr. Latha Srinivasan Mr. George Cimballa Ill '01 Mr. Ronald H. Mills '72 Mr. Stanley E. Stein '62 Ms. Maria Citeroni '01 Mr. Howard D. Mishkind '80 Ms. Kelley A. Sweeney '97 Mr. Gregory F. Clifford '80 Ms. Mamie Mitchell '96 Ms. Maritza Tamayo-Sarver Ms. Cassandra Collier-Williams '90 Mr. Gerald A. Monroe '92 Mr. James R. Tanne r, Jr. '91 Mr. Vincent E. Canonico '94 Mr. Daniel Montenaro '98 Mr. James E. Tavens '86 Ms. Heather C. Corrigan '01 William P. Murphy '95 Mr. Randy L. Taylor '98 Ms. Jennifer A. Corso '94 Ms. Jane A. Murphy '96 Ms. Heather Tonsing'98 Mr. Michael F. Cosgrove Katarina Dybdahl Novak '98 Ms. Mary Jane Trapp Ms. Amy Renee Cuthbert '02 Ms. Bridget M. O'Brien'01 Ms. Amy Trejbal '97 Mr. Steven S. Davis '75 Mr. Thomas R. O'Donnell '96 Ms. Melinda Trenta Ms. Shelly Dedmon Ms. Holly M. Olarczuk-Smith '00 Ms. Ann Vaughn '01 Ms. Halle Delong Mr. Ronald O'Leary Ms. Phyllis L. Vento De Crespo '93 Ms. Jennifer Dorton '01 Ms. Catherine 0. Kearney '98 Ms. Eileen B. Vernon '92 Ms. Cathryn Halas Ensign '86 Mr. Michael W. O'Neil '94 Ms. Nancy Q. Walker '95 Mr. Thomas L. Feher '87 Ms. Tamzin K. O'Neil '00 Mr. Jodi M. Wallace '97 Mr. Douglas R. Fouts '75 Mr. Herbert Palkovitz '68 Mr. Gerald R. Walton '80 Ms. Megan Fraser Roberts '02 Ms. Jill S. Patterson '98 Mr. Robert G. Walton '80 Ms. M. Bridey Matheney '99 Mr. Jerome A. Payne Ms. Patricia F. Weisberg '85 Ms. Lisa Gano Sidoti '00 Ms. Benita Y. Pearson '95 Mr. Joseph H. Weiss, Jr. '70 Ms. Lisa Gold-Scott '94 Mr. Bryan Penvose '01 Ms. Wendy Weiss '97 Ms. Lisa Gold-Scott '94 Hon. Ralph J. Perk '83 Ms. Darlene E. White '00 Joseph G. Hajjar Ms. Susan E. Petersen '97 Ms. Jennifer W. Rennillo '99 Mr. Michael P. Harvey '87 Ms. Natalie Peterson Ms. Laura A. Williams '82 Ms. Jennifer Heinert O'Leary '97 Mr. Frank E. Piscitelli Jr. '93 Mr. Mark N. Wiseman '92 Ms. Carol Rogers Hilliard '84 Ms. Danielle Konrad Pitcock '98 Ms. Deborah W. Yue '94 Ms. Nicole M. Holt Mr. William T. Plesec '71 Mr. Michael J. Zidar '88 Ms. Christina Hronek '02 Mr. Laurence J. Powers '87 Mr. Joseph B. Jerome '75 Mr. Troy Prince '02 Mr. Carlos K. Johnson '00 Mr. Ian Redmond

Spring 2004 11 A Look at Some of Cleveland-Marshall Law's Finest

By Brigid Gallagher eet Kyla, Terry, Melanie and Brendan, just four of Cleveland-Marshall's promising law students. Each has led a productive life, each has an ac­ complished past, and each has passion that's un­ 11 I never see what has been done; deniably propelling all of them towards a future Mfilled with successes. Though they differ in various arenas, I only see what remains to be done." from hobbies to political interests, they all share a common goal: to serve actively their community by striving towards -Marie Curie justice, whether it is in the court room or on the floor of the United States Senate. It's clear, even from merely glancing at their resumes, that these four have been on the go since, well, birth. And they're just getting started.

Kyla Pavlina

"The toughest job I ever had was working on a turkey farm in high school." A surprising answer to my question, consid­ ering it came out of the mouth of a woman who in 1996 was ranked sixth in the nation in pole vaulting; of a woman who,

12 Law Notes while working towards her and a member of various he was a nine-year-old boy that he undergraduate degree, co­ activities, including the In­ wanted to be a judge. Born in Weis­ established "Tender Loving ternational Law Students baden, Germany, where his father was Care," a non-profit organi­ Association and Delta stationed in the Air Force, the Billupses zation that works with Theta Phi, Kyla has been moved to Florida a year later and Terry homeless women with working as a law clerk for was raised in Fort Walton Beach and children in New York City; the Cleveland Municipal Orlando. His sincere passion for law of a woman who lobbied Court since May of 2003. and his determination ultimately to be­ I • issues at fundraisers for the She was always attracted to come a federal judge are, to say the Office of Senator Hillary law but her interest did not least, inspirational. Clinton. Clearly, athletic fully develop until she Terry is serious and genuine, and his talent and active compas­ took a summer internship attitude is practically contagious: "Law sion are traits so innate to position with Senator school gives me the ability not only to Kyla Pavlina, second-year Kyla Pavlina Hillary Clinton in 2001. "At have a direct hand in helping mold and law student, that shoveling first I worked on cases in- un-mold areas of the legal field, but some turkey droppings was more of a volving women and children, such as possibly to be an educator. Federal challenge than, say, spending two adoption for children from Russia to judges are called upon to make deci­ months training under Vitally Petrov the U.S. These matters were draining sions that affect the most important ar­ with the Italian pole vaulting Olympic because children with birth defects eas of our lives as American citizens. team. were not accepted by their own coun­ Thus, I want to be one of those few A 2002 graduate of Columbia Uni­ tries, yet getting them safely to the U.S. who make these decisions. Plain and versity with a B.A. in Political Science was sometimes impossible. Later, I lob­ simple, nothing less." and Minor in Middle Eastern Politics, biyd at the Senator's fundraisers. She And he is putting forth nothing less it's obvious from the get-go that Kyla is was the most amazing mentor and ad­ than his best efforts when it comes to no stranger to testing her abilities and visor. Her legal analysis, writing and fulfilling his longtime dream. From the pushing herself to the utmost extent. skills articulate the very essence of a su­ very beginning he jumped right into She explained, "I am my own worst perior legal mind." law school: An active member of vari­ critic and competitor. Competition al­ Born in San Jose and raised in east ous programs and organizations, in- ways pushes me." An all-around ath­ bay San Francisco, Kyla is a true Califor­ lete, Kyla holds both the indoor and nia girl and plans upon graduation outdoor Ivy League pole-vaulting from Cleveland-Marshall to return to records at Columbia and, in 2000, was San Francisco and pass the state's bar awarded the All Team Ivy League exam. She is eager to return home and Award. Running is her "second love" spend time with her parents and two (her first being jumping) and she's cur­ brothers and to begin her career as an rently training for long distances and attorney. Kyla hopes "to give to those has already run in two half-marathons. who gave to me" through both her per­ But athletics are just one of her many sonal and professional dealings. "Law strengths. Her volunteer experience as school is much more than becoming a Community Coordinator for Tender lawyer," she asserted. "It is a way of Terry Billups Loving Care (TLC) in New York City thought." And her final thought? "I serves as a testament of Kyla's determi­ plan to accomplish any goal I tackle." eluding Moot Court, the Ohio State Bar nation to take action when it comes to Well, Kyla, why break your winning Association and the Black Law Stu­ providing help to less fortunate citi­ streak now? dents' Association, Terry is also a legal zens. "A few fellow undergrad students writing and research teaching assistant and I started the program to support Terry Billups for Professor Deborah Klein '78. Oh, homeless women and help take care of but there's more. It's apparent that their children. The women would at­ "When I was a kid I would tell every­ Terry likes to keep busy since, in addi­ tend resume, self-help and parenting one that I was going to be a federal tion to his school and extracurricular classes. On Saturdays, the children judge because I heard that they could activities, he also works for United were given consistency, food, love and never lose their jobs. Later I found out States District Court for the Northern most of all an education. As a group we that this was called lifetime tenure." District of Ohio Magistrate Judge Patri­ focused on teaching the children the Second-year law student and recipient cia A. Hemann '80 as a judicial extern. importance of reading, sharing and car­ of both the Dean's Scholarship Award "She is teaching me the ropes of being a ing." and the Louis Strokes '53 Scholarship federal judge." He credits both Judge Besides being a full-time law student Award, Terry Billups has known since Hemann and Juvenile Court Magistrate

Spring 2004 1 3 Judge Laura Williams '82 for being in his father's footsteps by practic­ extremely influential and helpful ing law in Cleveland: "My father role models. This summer he will re­ truly enjoys assisting people with le­ turn to the law firm of Hahn Loeser+ gal difficulties, and he has said often Parks as a partial summer associate that he would never want to retire. and eventually join the law firm of Growing up listening to him discuss Squire, Sanders & Dempsey. his work, I decided that I too wanted But enough about Terry's present to pursue a profession that could state and blindingly bright future. bring an individual intimately into His previous undertakings are just as the lives of so many people." impressive and interesting. While Born and raised in University Terry was completing his undergrad­ Heights, Brendan attended Cleve­ uate degree at the University of land's St. Ignatius High School and North Carolina at Chapel Hill, he later graduated from Loyola College founded and became executive pro­ in Maryland with a B.A. in History ducer of Blank Pictures, a student or­ and a Minor in Communications. ganization created to document the Extremely active during his years at struggle for human rights through Loyola, Brendan was a member and film. In 1998, Blank Pictures received officer in various organizations: He the John Hope Franklin Documen­ was Executive Vice President of the tary Award for work on "The Last Vic­ Student Government Association tim," a film tracing the hardships and Chair of the Honor Council, so and legal injustices faced by mother it is no wonder that in 1999 he re­ and son Wilena and Kwame Cannon of cording artist, Jennifer. As her execu­ ceived the school's Action, Loyalty, In­ Greensboro, North Carolina. Kwame tive producer, he negotiated tour dates tegrity, Values and Ethics Award had spent 13 years of two life terms in and landed Jennifer a record deal with (A.L.I.V.E.) and was included in the prison for two non-violent burglaries EMI Records. Additionally, he wrote, yearly publication of Who 's Who in committed when he was 17. Many con­ produced and directed her music American Colleges and Universities. After sidered the harshness of the sentence video, "YU Callin' Me." graduating, Brendan returned home to an act of retribution against Wilena Terry is a "strong and passionate serve as a Young Alumni Volunteer at Cannon for her involvement in a suit Christian," and his faith, as well as his his high school alma mater, St. Ig­ brought against the Greensboro police, family's love and support, have taught natius. During his year there, he as- the KKK, and the American Nazi Party him that there is nothing that he can­ for the 1979 murder of five prominent not achieve if he puts his mind to it. "If anti-racist labor organizers associated I could play in the NFL weighing 173 with the Communist Workers Party. pounds, one of the smallest players, af­ The efforts of several grassroots organi­ ter two reconstructive shoulder surger­ zations and the success of Terry's film ies, there is nothing that I cannot do. I eventually helped persuade the state to truly believe that I can make a differ­ commute Kwame's sentence; he was re­ ence in society." Terry, you already leased in 1999. have. After graduating in 1998 from UNC with a B.A. in Communications, Terry Brendan Doyle went on to play three years of profes­ Brendan, Cathy and Bud Doyle sional football for the Dallas Cowboys "I have a great Irish family-we enjoy and the New England Patriots. "It was laughing and telling stories, and no­ sisted in the supervision and direction one of the greatest experiences of my body is exempt from getting a little of its Sophomore Community Service life. I had the opportunity to compete grief once in awhile." It was obvious Program. "The entire year was my against and with some of the greatest from initial discussions that Brendan chance to give back, in some way, to athletes of all time. Words cannot de­ Doyle, third-year law student, Moot the school that had given me so scribe what it was like starting my first Court member and Vice President of much." game in the NFL on Thanksgiving Day Programming for the Student Bar Asso­ From there, his legal interests were in front of 70,000 fans at Texas sta­ ciation, is the product of a large, kind, further fueled through his work experi­ dium-basically breathtaking!" During good-humored Irish family. Son of ences. During three of his college sum­ his years as a pro athlete, Terry also Cleveland-Marshall alumnus, William mers he had worked for Cuyahoga found the time to manage national re- "Bud" Doyle '70, he hopes to follow County Commissioner Tim McCor-

14 Law Notes mack '72, and for almost a year-and-a­ is to be part of that effort." me the opportunity to view the world half before he began law school, he At a time when young adults seem to through someone else's eyes. I was paid worked as a full-time aide with the be flocking out of Cleveland in herds, a very small stipend, so it gave me in­ Commissioner. Brendan cannot praise Brendan's loyalty to his hometown and sight into the lives of people on welfare. Commissioner McCormack enough for his determination to improve the lives Yet, at the same time, it was a very sur­ his values, morals and life priorities: "I of its residents are quite admirable. "I real experience because I knew I was do­ knew nothing about Commissioner am motivated by my desire to make a ing it voluntarily, of my own accord. I McCormack when I started with him in positive impact in the community, as knew the life I was leading, unlike oth­ 1997, but over time he taught me to well as my hope to continue making ers' lives, was a life I could leave be­ have the courage to be strong in my my family and friends proud of me." hind." convictions in the face of adversity be­ It's truly a comfort to know that In 1995, Melanie began work for the cause, in the end, you have to live with Clevelanders will have Brendan work­ National Coordinating Office on yourself and the decisions you have ing for them in years to come. The city Refugees, Returnees and Displaced of made over the course of your career. I could use a few more Brendan Doyles. Guatemala, which took her to that respect that." Although he remembers country for two years. Her first year was that year-and-a-half as the "toughest Melanie Bordelois spent living in a remote community of and best job I ever had," he is full of refugees, who had fled the country in praise for the Commissioner and the "I really like the way you have to think the early 1980s but had returned before Commission. "The number of issues when you're doing legal work. I'm a the Guatemalan Civil War ended. "I that county government works on at problem solver and I like to help people was a Human Rights Observer, and my any one time is amazing. You have to and those reasons combined are why I basic job was to just be there in the be constantly at the top of your game in decided to go to law school." Commit­ community because the returning order to try and keep things running ted, or perhaps over-committed, is the refugees feared for their safety and were smoothly and efficiently. That job had word that best defines Melanie Borde­ afraid of the Guatemalan military." early mornings and late nights, but I lois, third-year student, Vice President During her second year, Melanie relo­ wouldn't trade the experiences and the of the Student Public Interest Law Orga­ cated to Guatemala City and became lessons learned from the people there nization and new mother. She ranks in co-coordinator of the Human Rights for anything." the top five percent of her class acade­ Observation Project. Through her guid­ In the summer of his first law school mically but is currently taking a semes­ ance the program took flight and today year, Brendan had the "amazing experi­ ter off to spend time with her newborn "continues to send Human Rights Ac­ ence" of externing in the court of baby daughter, Sylvia. "My relationship companiers to different returning United States District Court for the with my husband and the family we're refugee communities." Upon coming Northern District of Ohio Judge Don­ establishing is one of my greatest ac­ home, Melanie set up a sister human ald C. Nugent '74. In his second year complishments to date." rights community at Oberlin College he clerked in the Cleveland law firm of But Melanie is no stranger to achieve­ that trains and sends students to Reminger and Reminger, L.L.P., where ments. "Injustice is my greatest motiva­ Guatemalan refugee camps. "My time he assisted attorneys in preparing their tor." And boy, has she done things. in Guatemala had a profound impact civil defense cases and absorbed the ex­ Born in Berea and a 1990 on me. It really im­ citing energy of presenting cases in graduate of Denison Uni­ pressed on me the im­ front of juries. versity with a B.A. in Latin portance of a judicial Due in no small part to his experi­ American Studies, system that functions ence working for the county and his Melanie moved to Chi­ adequately and that loyalty to his hometown, Brendan cago and spent two years can really contribute to plans to return to public service work volunteering for the Chi­ a more just and free so­ after he graduates in May. "When I see cago Religious Leadership ciety." the negative things being written about Network on Central Melanie's passion for Greater Cleveland in the newspapers America. While there, she public interest causes and on television, I want to be part of served as Assistant to the has only increased over the solution. When working at the Director, led delegations time, and in 2002 she county, I was inspired by my colleagues for advocacy days in took a summer posi­ who worked tireless and thankless Washington, D.C., and tion as a law clerk for hours for thousands of dollars less than maintained a human Farmworker Legal Ser­ what they could have been making in rights emergency re­ vices in Michigan. the private sector because they wanted sponse network, among While there, she en­ to help bring the community back to other things. "The experi­ joyed assisting clients Melanie Bordelois where it should be. Right now, my goal ence was amazing. It gave and performing educa- and f'uture CM stu­ dent Sylvia Bordelois

Spring 2004 15 tion work in migrant labor camps. Last summer, she served as extern for United States Sixth Circuit Court of Ap­ peals Judge Karen Nelson Moore. "Basi­ cally, the experience was intense and I The Law Alumni Association did exclusive research and writing. hosted the CMLAABYOPNLMPARTY, that is, Since I enjoy people contact, the com­ bination of both summer jobs-farm the Cleveland-Marshall Law Alumni worker and working for the Judge-was Association Bring Your Own Prospective New ideal." When Melanie isn't studying or Life Member Party in February at the Hyde working for a cause, she enjoys cook­ ing, swimming, knitting and garden­ Park Chop House on Prospect Avenue. The ing. event was held to thank our life members for As for the future, Melanie would like their support throughout the years and to to practice law immediately after grad­ uation. She would, however, also enjoy attract new life members; by all reports, every­ doing advocacy work and lobbying for one had a wonderful evening! a non-governmental organization like It is our extreme pleasure to announce Amnesty International or Human Rights Watch. She recognizes that she's the new life members who joined as a result of a bit of a contradiction: "I am very com­ the event: mitted to public interest life, public in­ terest causes and not making a lot of Donna M. Andrew '96 money doing those things. At the same time, I tend to have very expensive Anthony J. Asher '63 tastes. I enjoy theatre, ballet and nice Richard J. Berris '80 restaurants. So trying to balance those Roger Bundy '02 things is somewhat difficult." Regard­ less, Melanie's commitments-from Michelle M. DeBaltzo '97 her family to human rights to public Colleen Barth DelBalso '02 justice-depict a morally conscious and Greta E. Fifner '86 compassionate future leader. "I am John Gabel compelled by things that I hear and see that motivate me to do something." Amy E. Gerbick '02 The only question is: where will her Lisa Gold-Scott '94 convictions take her next? Sandra Natran Frank E. Piscitelli Jr. '93 Brigid Gallagher graduated from Lake Forest Col ­ Gregory S. Scott '96 lege in Illinois last May with a BA in English. She is currentl y working as a techni cal writer for Roklyn DePerro Turner '01 Lokring(tm) Techno log y Corporation and Metal Robert G. Walton '80 Foils, LLC in Willoughby. In the fall, she plans on re­ Hallie I. Yavitch '03 turning to school to receive an MA in Creative Elizabeth Zoller '01 Writing. Special thanks to the "recruiting" life members and to the membership com­ mittee for their hard work and effort that made this event such a tremendous success.

16 Law Notes New Life Members The Cleveland-Marshall Law Alumni Association Welcomes these new Life Members

Kevin Francis O'Neill Psychology in 1998, Roklyn DePerro tant at CWRU, to secretary/reception­ is an Associate Profes­ Turner entered Cleveland-Marshall ist at University Hospitals of Cleveland sor at Cleveland-Mar­ and never looked back. Prior to her to Drama Club advisor at Sandusky shall where he teaches graduation in 2001, she served as Co­ High School. First Amendment Chair of the Dean's Council, as Peer But it was Ms. Wilber's volunteer ser­ Rights, Evidence, Civil Mentor, an SBA Senator, a member of vice as a CASA guardian ad litem that Procedure, Constitu­ Delta Theta Phi Law Fraternity, a mem­ spirited her interest in the law and tional Law, and Con­ ber of the Law School Improvement brought her to Cleveland-Marshall, tracts. Professor O'Neill joined the full­ Committee and the SBA Constitution where she graduated in December, time faculty in 1996 after a year-long Revision committee. Ms. DePerro 1998. Since then, Ms. Wilber has been appointment there as a visiting profes­ Turner was also the recipient of the associated with the firm of sor. His scholarship focuses on the Dean's Scholarship for Academic Excel­ Muehlhauser & Moore in Sandusky; Speech Clause of the First Amend­ lence. her practice involves probate, real es­ ment, with particular emphasis on Ms. DePerro Turner is the owner of tate, estate planning, contract, busi­ public protest and forum- access issues. her own general practice law firm in ness and assorted civil matters. Prior to entering academia, Professor Boardman, Ohio, handling cases in all Ms. Wilber is the mother of two chil­ O'Neill served four years as the Legal areas of domestic and probate law, mis­ dren, a daughter in medical school at Director for the American Civil Liber­ demeanor criminal law and some civil Ohio University and a son at the Uni­ ties Union of Ohio. Before that, he was litigation. versity of Toledo in Biological Engi­ a trial lawyer at the national law firms She and her husband live in Can­ neering. of Thompson, Hine & Flory and Arter field. & Hadden. During his years in com­ mercial litigation, Professor O'Neill represented clients from a broad range Louis A. Vitantonio W&lcome New I.lie Members of locales-from California to Saudi Jr. '02 is the Director Arabia. His work has spanned all of Legal and Regula­ Wyatt Brownlee '43 phases of trial and appellate practice, tory Affairs for the Anthony J. Asher '63 including cases decided by the Greater Cleveland Au­ Annette G. Butler '70 Supreme Court of Ohio and the United tomobile Dealers' As­ Richard J. Barris '80 States Supreme Court. sociation, which rep­ Robert G. Walton '80 Professor O'Neill received his BA resents over 200 new Marilyn Tobocman '83 from San Francisco State University in car dealers in a 14-county region of Daniel S. Kalka '85 19 77 and his law degree from Case Northern Ohio. Greta E. Fifner '86 Western Reserve University in 1984. After graduating from Walsh Jesuit Royce R. Remington '88 He and his wife, Sonia Winner, live in High School in 1992, Mr. Vitantonio Frank E. Piscitelli Jr. '93 Shaker Heights with their two chil­ headed to John Carroll University Lisa Gold-Scott '94 dren, Dylan and Katherine. where he earned a BSBA in Marketing Melvin F. O'Brien '94 in 1996 and a MBA in 2000. After pass­ Karen E. Hamilton '95 John C. Meros '80isa ing the bar in 2002, he was promoted Michael S. Owendoff '96 partner in the Cleve­ to his current position with the Donna M. Andrew '96 land law firm of Schul­ GCADA. He is a member of the Ameri­ Gregory S. Scott '96 man, Schulman & can Society of Association Executives, Michelle M. DeBaltzo '97 Meras. He concen­ American Bar Association and Ohio Cheryl L. Kravetz '97 trates his practice in Bar Association. Anthony R. Petruzzi '97 plaintiff personal in­ Mr. Vitantonio makes his home in Edward P. Simms '98 jury litigation, primar­ Independence with his wife, Penelope, Emily A. Smayda '99 ily in product liability involving indus­ and their two children, Angela and Roklyn DePerro Turner '01 trial machinery and workplace Malena. Elizabeth Zoller '01 intentional tort actions. Roger Bundy '02 Mr. Meras graduated from Cleveland After receiving her BA Colleen Barth DelBalso '02 State University with a BA cum laude in German and Educa­ Amy E. Gerbick '02 in 1973. He and his wife, Margaret, tion from Muskingum Caitlin Magner '02 have been married 23 years and are the College in 1971, Eliza­ Hallie I. Yavitch '03 parents of five children. They live in beth F. Wilber's ca­ John Gabel Parma Heights. reer took many paths, Kevin F. O'Neill from kindergarten Sandra Natran After receiving her BA in Speech Com­ teacher in the Mentor munication/Thematic Sequence in Public Schools to music librarian assis-

Spring 2004 17 Life Members

1941 Paul J. Hribar Thomas W. Gray John V Jackson II 1942 Hon. August Pryatel Robert W. Haskins Michael L. Climaco 1943 Wyatt Brownlee James A Thomas William P. Farrall 1949 Richard J. Moriarty Anthony J. Asher William P. Gibbons 1950 Bernard Mosesson 1964 Harry L. Griffith Joseph Gibson Chartes lpavec Henry B. Fischer Ronald H. Mills 1951 Dr. Bernice G. Miller Howard M. Rossen 1973 Mary Agnes Lentz Hon. Eugene M. Fellmeth Joseph T. Svete W. Frederick Fifner Hon. Lillian Burke Raymond J. Schmidlin Thomas 0. Gorman George Nyerges Donald Pokorny Timothy W. Hughes Hon. Salvatore R. Calandra James J. Brown 1974 Hon. Lesley Wells 1952 Hon. Thomas Lambros 1965 David S. Lake Michael C. Hennenberg Hon. Edwin T. Hofstetter June W. Wiener Stephen 0. Walker Hon. Joseph A Zingales 1966 Edward T. Haggins Thomas E. Downey Philip R. Brodsky 1967 Charles B. Donahue II Timothy G. Kasparek Arthur Jacobs Norman D. Tripp Barbara Stern Gold 1953 William T. Monroe Theodore R. Kowalski Leonard D. Young Walter L. Greene Kenneth MonHack David R. Knowles Olga Tsiliacos William M.Wohl J. Michael Monteleone Phillip J. Braff Stanley Morganstem Oliver H. Claypool, Jr. 1954 Daniel R. McCarthy Michael R. Gareau 1975 Dr. Gregory J. Lake Edward C. Hawkins Lawrence J. Rich B.CaseyYim Howard E. Egert 1968 Hon. John E. Corrigan Dale H. Markowitz John J. McCarthy Herbert Palkovitz Gerald L. Steinberg William F. Sweeney James R. Kellam Richard S. Koblentz Marvin H. Hersch Richard Moroscak L. Richard Musat George J. Frantz Robert I. Zashin John M. Richilano 1955 Hon. George W. White William E. Powers, Jr. William C. Hofstetter Hon. Robert E. Feighan Gerald Broski Deborah Lewis Hiller Chartes J. Gallo, Sr. Hon. Bohdan Futey John B. Gibbons Donald P. Traci Hon. Timothy G. Cotner David J. Skrabec Glenn J. Seeley Bernard Mandel Michael E. Murman Carol Emerling 1969 Wendel Willmann Joseph B. Jerome Irene M. Kotulic Marc J. Bloch Alan L. Zmija William D. Carle Ill William L. Summers AlanJ.Ross 1956 Joseph C. Domiano Hon. John J. Donnelly Steven M. Barkan 1957 Leon M. Plevin James E. Spitz 1976 Charles G. Deeb Maynerd Kimball 1970 Blaise C. Giusto David Ross Richard T. Reminger Joseph H. Weiss, Jr. Keith E. Belkin Thomas J. Brady Kenneth A Bassin Michael J. Nath 1958 Chartes R. Emrick, Jr. Robert J. Sindyla Steven H. Slive George M. Maloof William A Wortzman Deborah R. Akers-Parry James Patrick Conway Richard W. Sander Patrick Bianconi 1959 Aaron Jacobson Walter A Rodgers Harold W. Fuson, Jr. Julian Kahan Theodore R. Klammer Hon. Anne L. Kilbane 1960 Hon. Hans R.Veit Lucian Rego Michael H. Gruhin DonC.ller Joseph A Valore 1977 Chartes T. Simon Donald L. Guarnieri Robert M. Phillips Jack W. Bradley Donald M. Colasurd Stephen J. Brown Lawrence J. Cook Norman T. Musial John C. Kikol Robert M. Wilson 1961 Hon. Anthony 0. Calabrese, Jr. Hon. C. Ellen Connally Roger M. Synenberg Fred Lick, Jr. Harry Greenfield Kathleen M. Carrick Paul S. Sanislo Michael T. Murray Linda M. Rich Richard J. Bogomolny James F. Szaller Rita S. Fuchsman Robert Wantz Annette G. Butler Sumner E. Nichols II Esther S. Weissman Timothy W. Sauvain Harvey Berman Win~red A Dunton 1971 Dharminder L. Kampani John D. Wheeler Leon G. Nagler James E. Melle David A. Peyton Kevin B. Fergus James J. Komorowski 1978 David M. Paris Stephen J. Cahn Thomas P. Hayes Ronald F. Wayne 1962 Clarence L. James, Jr. Timothy M. Bittel Elisabeth T. Dreyfuss Lucien B. Karlovec William Thomas Plesec Sally M. Edwards Sheldon E. Rabb Joyce E. Barrett Mary Llamas Courtney Stanley E. Stein BertTomon Thomas L. Colaluca Arthur R. FitzGerald M. Lee Graft Dale E. Creech, Jr. 1963 Joseph A Coviello Thomas L. Aries Angelo F. Lonardo Lester T. Tolt 1972 Gary N. Holthus Patrick R. Roche Thomas J. Scanlon James A Lowe 1979 LaVerne Nichols Boyd Hon. Janet Burney

18 Law Notes Life Members

Louis C. Damiani Laura J. Gentilcore Michael S. Owendoff Sheryl King Benford Jane Barrow Donna M. Andrew WilliamJ.Day Greta E. Fifner Gregory S. Scott Maria E. Quinn 1987 Gary Lichtenstein 1997 Anthony T. Nici H. Jeffrey Schwartz John T. Hawkins Sam Thomas Ill W. Andrew Hollman Ill Scott C. Finerman Stacey L. McKinley Peter J. Brodhead Barbara Silver Rosenthal Ian N. Friedman 1980 Culver F. Eyman Ill Mary D. Maloney Leslye M. Huff Gerald R. Walton Schu~erCook Wendy Weiss Howard D.Mishkind Thomas L. Feher Cheryl L. Kravetz Richard C. Alkire Michael P. Harvey Michelle M. DeBaltzo Susan L. Gragel John M. "Jack" Jones Anthony R. Petruzzi Phillip E. Thomas Thomas M. Wilson 1998 Tonya Eippert Kemper Arnold Bruce E. Committe Edward P. Simms Kenneth R. Roll Richard J. Ambrose Laura Curry-Zhao James H. Hewitt Ill Brian M. O'Neill 1999 Tammy L. Bogdanski Floyd J. Miller Jayne Geneva Terrell Menefee Lynn Arko Kelley 1988 Melody J. Stewart Lillian Ortiz Hon. Diane J. Karpinski John P. Luskin Joseph M. Saponaro William Hawal Christopher Malumphy Patricia McGinty Aston Richard S. Pietch Pamela Daiker-Middaugh Emily A. Smayda Gregory F. Clifford Gary Maxwell Elizabeth F. Wilber David Paul Burke Joyce Ann Hribar Fiebig 2000 Jennifer Lyons Richard J. Berris Royce R. Remington Mark S. O'Brien Robert G. Walton Hon. Nancy A. Fuerst Frank L. Gallucci John C. Meras 1989 Raymond Gurnick Theresa M. Kulp 1981 Hermine G. Eisen Scott Spero Eileen M. Sutker Louise P. Dempsey Sheila McCarthy 2001 Roklyn DePerro Turner Sandra J. Kerber Barbara Tyler 2002 Rick Strawser Vincent T. Lombardo Diane Hamalak Roger Bundy Dennis R. Lansdowne Sheila M. Brennan Colleen Barth DelBalso Frederick N. Widen Lori White Laisure Amy E. Gerbick Michael V. Kelley Judith Arcoria DeLeonibus Caitlin Magner Sherrie Noble 1990 Sonia Winner Louis A. Vintantonio Jr. Peter W. Klein Carol A. Roe Troy Prince Mercedes H. Spotts Brian G. Ruschel NIA Fred Ramos 1982 James Lee Reed Henry Chamberlain John Makdisi Laura A. Williams Robin J. Levine Marshall Nurenberg Jamie R. Lebovitz Ellen M. McCarthy Maurice L. Heller Kathleen J. St. John Anthony A. Logue Stephen J. Werber 1983 John L. Habat Karin Mika Victoria Plata Peter Marmaros 1991 Dr. Gary I. Birnbaum Stephen R. Lazarus Donna J.Ta~or-Kolis 1992 Kevin P. Foley Steven R. Smith Elizabeth Haque Lillian B. Earl Louise F. Mooney Kevin J.M. Senich Meena Morey Chandra Hon. Solomon Oliver, Jr. Anthony P. Dapore 1993 Gloria S. Gruhin Frederic P. White, Jr. Thomas P. O'Donnell Peter A. Russell Paul Carrington Hon . Ralph J. Perk, Jr. Michelle Joseph Sheehan Steven H. Steinglass Irene Halyk Rennillo Elaine Eisner Louis B. Geneva Gary S. Adams Frank Adamo Lloyd B. Snyder K. Ronald Bailey Frank E. Piscitelli Jr. James G. Wilson Marilyn Tobocman 1994 Jean M. Hillman Earl M. Curry, Jr. Michael P. Cassidy Marc D. Rossen David Barnhizer 1984 Carl F.Asseff Matthew V. Crawford David Goshien M. Elizabeth Monihan Megan Hensley Bhatia Joel Finer Carol Rogers Hilliard Lisa Ann Meyer Jack Guttenberg Michelle L. Paris Shawn P. Martin Carol Barresi Carter E. Strang Ronald W. Dunbar, Jr. Mary McKenna Paul Brickner Michael W. O'Neil Laverne Carter Frank Aveni Lisa Gold-Scott Deane Malaker Susan J. Becker Melvin F. O'Brien Norman H. Weinstein Joseph R. Gioffre 1995 Patricia A. Ambrose James H. Peak 1985 Laurie F.Starr Nancy Q. Walker John Gabel Tina Ellen Wecksler Maureen Redlin Swain Kevin F. O'Neill Beverly J. Blair Karen E. Hamilton Sandra Natran Jeffrey A. Leikin Deborah Ferenczy-Furry Joseph G. Stafford 1996 Anthony Gallucci Daniel S. Kalka Thomas R. O'Donnell 1986 James E.Tavens Robin M. Wilson

Spring 2004 19 Give ~~~omeone ' flte chance to follow in your footsteps. LIFE MEMBERSHIP In The Cleveland-Marshall Law Alumni Association Your contribution to the Cleveland-Marshall Law Alumni Association ·"·' LIFE MEMBERSHIP FUND gives someone the opportunity to follow in your footsteps.

LIFE MEMBERSHIP DUES FUND A STUDENT SCHOLARSHIP PROGRAM.

------~ ------~ ------••;'~ !- Please make checks payable to the Cleveland-Marshall Law Alumni Association Name ______and send to: Cleveland-Marshall Law Alumni Association Address ______Attn: Mary McKenna 2121 Euclid Avenue, LB 121 • Cleveland, OH 44115 City ____state __ Zip __ 216/687-2368 Class ______0 $1,200 - One time payment 0 $1,500 - ($300 per year for 5 years) Home Phone ______0 $1 ,800 - ($180 per year for 10 years) ew Appointments at the Law School

Associate Dean Linda L. Ammons, Assistant Dean Got to Do With it? Church and State Melody J. Stewart, Administrative Coordinator Marydale Collaboration in the Subordination of Rogan, Clinical Faculty Member Carole 0. Heyward and Women and Domestic Violence," Baker & Hostetler Visiting Professor Irene Lynch Fannon which was published in 1999 in the Rutgers Law Review. Equally impressive are her ac­ complishments as a photographer. inda Ammons: These days we graduate degree in English from Oak­ Her photographs have appeared in ju­ address Professor Ammons as wood College in Huntsville, Alabama, ried shows throughout the world. L"Dean Ammons." On July 1 she and her MA in Communications and began a new job as Associate Dean for law degree from The Ohio State Uni­ Melody J. Stewart: Last fall Interim Faculty Enrichment. In addition to versity. In Columbus, she worked first Assistant Dean of Admissions Melody teaching, publishing, and serving on as a public relations officer for the J. Stewart, a graduate of the Cleve­ committees, she has worked to de­ American Federation of State, County land-Marshall College of Law class of velop programs and seminars that en­ and Municipal Employees Ohio 1988 and the University of Cincinnati courage faculty scholarship, teaching Council and then as a special assistant Conservatory of Music, was ap­ and enterprise. She is off to a cracking to the director of the Department of pointed Assistant Dean of Admis­ good start al­ Administrative Services for the State sions. Dean Stew­ ready. First of all, of Ohio. Following her graduation art has served her Dean Ammons, a from law school, she served as Ohio law alma mater in world-class pho­ Governor Richard Celeste's Executive a number of ca­ tographer, ap­ Assistant. She joined the law school pacities: as a lec­ plied her artistry faculty in 1991, where she teaches turer, as a mem­ to developing an Administrative Law, Legislation, Mass ber of the adjunct on-line faculty Communications Law, and Women faculty, as the As­ /staff newsletter and the Law. In April 2002 Cleveland sistant Dean for that has suc­ State University named her one of its Student Affairs ceeded in not being for a moment "Women Who Make a Difference." and Director of Minority Recruitment boring. Quite charming, in fact. Next, She is a member of the faculty of the and Retention and as a Visiting Pro­ she managed to corral all the faculty National Judicial College in Reno, fessor of Law. She has also taught at and staff and have them line up for a Nevada, and has served on the Na­ the University of Toledo College of group photograph, a feat no one in tional Council of the Moritz College Law and at Ursuline College in Cleve­ the modern history of the law school of Law of Ohio State University. land. Before returning to Cleveland­ has been able to accomplish! She held Dean Ammons has an impressive Marshall as the Admissions Dean last a reception to honor books published roster of publications; among her fall, she served as Director of Student by faculty in the last two years, and most recent are "Why Do You Do the Services at Case Western Reserve Uni­ she inaugurated a series of all-college Things You Do? Clemency for Bat­ versity School of Law, where she won Monday lunch meetings featuring tered Incarcerated Women: A De­ the Administrator of the Year Award. our faculty and visitors speaking on cade's Review", which is forthcoming She is a doctoral candidate at CWRU their areas of expertise. in the AMERICAN JOURNAL OF GENDER SO­ Mandel School of Applied Social Sci­ Dean Ammons earned her under- CIAL POLICY & LAW, and "What's God ences, where she was a Mandel Lead-

Spring 2004 21 ership Fellow. and a personnel and marketing officer Professor of Law, former Dean and She is admitted to the Supreme for the Williamsport National Bank. Head of the Department of Law at Court of Ohio, the US Court of Ap ­ Her community service experience in­ University College in Cork, Ireland, peals for the Sixth Circuit, the District cludes the United Way, Habitat for Hu­ Irene Lynch Fannon spent the 2002- of Columbia Court of Appeals and the manity, the YWCA Board and the Vice 03 school year at Cleveland-Marshall US District Court for the Northern President for Education for the Ameri­ as a Visiting Professor teaching in the District of Ohio. can Institute for Banking. employment and labor law curricu­ Dean Stewart's record of commu­ lum. This spring she returned as the nity involvement is commendable: Community Advocacy Clinical Pro­ 2004 Joseph C. Hostetler-Baker & She is a volunteer Magistrate Judge in fessor Carole 0. Heyward's '93 un­ Hostetler Visiting Professor, teaching the Juvenile Community Diversion dergraduate degree in economics is European Union Law and Compara­ Program, President of the Citizens from Baldwin-Wallace College, and tive Corporate Governance. League of Greater Cleveland Board of her law degree is from Cleveland-Mar­ According to Dean Steinglass, Trustees, President of the New Leader­ shall College of Law. The Community "Professor Lynch Fannon's knowl­ ship Roundtable of the National Con­ Advocacy Clinic edge of the global ference for Community Justice and a provides general workplace and its member of the boards of the Cleve­ business and le­ implications for land-Marshall Law Alumni Associa­ gal services to our future will tion, Beaumont School, and the community orga­ greatly enrich Cleveland BoyChoir. nizations. Areas our students' of practice in­ ability to practice Dean Steinglass's Administrative Co­ clude corporate law in this ex­ ordinator Mary.dale D. Rogan holds a governance, reg­ panding and BS in Business Administration and a ulatory compli­ complex area of law. 11 MS in Education with a concentration ance, drafting of legal documents for Professor Lynch Fannon's law de­ in microcomputers from Mansfield real estate transactions and guidance gree with honors is from University University in Pennsylvania. She has on public policy matters in commu­ College Dublin; her post-graduate law brought impressive credentials in nity development. Ms. Heyward's po­ degree with honors is from Oxford both the non­ sition is funded by the Cleveland University, where she was a Senior profit and private Foundation, the Gund Foundation Scholar, and her Doctorate of Juridi­ sectors to her and the Sisters of Charity in recogni­ cal Science is from the University of new job with a re­ tion of the contributions the Clinic Virginia Law School. In addition to sume that in­ has made to Cleveland's at-risk neigh­ W ORK ING WITHI N Two KI NDS OF CAPI­ cludes teaching borhoods. TALISM: A COMPARISON OF THE ROLE OF and administra­ During and after law school Pro­ EMPLOYEES WITHIN THE EU AND US COR­ tive experience in fess or Heyward worked for the PORATE STRUCTURES (2003), she is the higher education Messerman & Messerman firm and as co-author of LABOR LAW IN IR E­ and banking. She an arbiter for the National Associa­ LAND(l 993, 2003) and numerous was Assistant Director for Administra­ tion for Securities Dealers. More re­ other book chapters and articles in tive Programs at Bucknell University cently she has worked as a staff attor­ scholarly journals on corporate insol­ and taught computer-related courses ney and as a volunteer for Housing vency and employment and labor at both Penn State and at Susque­ Advocates Inc., a not-for-profit orga­ law. hanna University and business nization located in Cleveland whose The Joseph C. Hostetler - Baker & courses at the American Institute of mission is to eradicate housing dis­ Hostetler Chair has brought over 14 Banking. Prior to joining the Cleve­ crimination through legislation and national and international scholars to land-Marshall administration, she enforcement codes. Before joining the law school since its creation in was an adjunct instructor in the de­ the law school faculty, where she had 1988 by John Deaver Drinko, Senior partment of business at Lorain previously taught as an adjunct, Ms. Advisor to the Policy Committee of County Community College in Heyward served as General Counsel the Baker & Hostetler law firm. The Elyria, Ohio. for Cleveland's Housing Research & chair memorializes the life and con­ Her banking history includes ser­ Advocacy Center, another fair hous­ tributions to the legal profession of vice as operations manager for Marine ing agency with a mission to promote Baker & Hostetler founder Joseph C. Midland Bank in Albany, corporate equal housing opportunity for all per­ Hostetler (1885-1958). In 1916 Mr. secretary to the Director of Finance of sons. She is a frequent guest speaker Hostetler taught at the law school, North Penn Comprehensive Health on issues of fair housing. and in 1948 the Cleveland-Marshall Services in Blossburg, Pennsylvania, Law School awarded him an honorary degree. LFM

22 Law Notes We Celebrate the Acquisition of Our 500,000th Library Book

n 199 7 the Cleveland-Marshall Penalty Agnostic," which drew heav­ Law Library and faculty, staff, stu­ ily on his experiences representing, d en ts and friends of the law pro bono, death row convicts. I school celebrated the acquisition For all the celebrity of the event, of our 400,000th book. That book, ac­ perhaps the most entertaining mo­ quired in the year of our centennial, ments were those created by law was, appropriately, a 1912 Cleveland school Network Administrator Rick publication: Isaac Franklin Patterson's Zhang and Faculty Service Librarian TH E CONSTITUTIONS OF OHIO, AM EN D­ Leslie Pardo in their remarkable MENTS, AND PROPOSED AMENDMENTS, IN­ video presentation artfully tracing CLUDING THE ORDINANCE OFl 78 7. Today, the history of the Cleveland-Marshall seven years later, we are 100, 000 Law Library from its earliest days to Novelist Scott Turow books richer, and our Law Library its present status as the 85,000 net­ now houses the second largest law square-feet home of the second collection in Ohio. That's cause for largest multi-media legal collection in celebration. And that is precisely Ohio! LFM what we did! On February 4, 2004, Dean Steven H. Steinglass, Associate Dean and Law Library Director Michael J. Slinger, the law school community and best-selling author Scott Turow added the 500,000 and 500,001 vol­ umes to the Law Library collection. The landmark 500,000th book, THE HISTORY OF LAW SCHOOL LIBRARIES IN THE UNITED STATES: FROM LABORATORY TO CY­ BERSPACE was passed by its author, As­ sociate Dean for Information Services and Director of the Barry University Law Library, Glen-Peter Ahlers, Sr., down a line of librarians, faculty, ad­ Akron University Law Library Director Paul Richert, Dean ministrators and students into the Ahlers , CSU Library Director Glenda Thornton , Dean Slinger, waiting hands of Dean Steinglass. Dean Slinger Baker & Hostetler Library Director Al Podboy And volume 500,001? Mr. Turow's most recent work of non-fiction, ULTI­ MATE PU NISHMENT: A LAWYER'S REFL EC­ TIO NS ON DEALING WITH THE DEATH PEN­ ALTY , which was also paraded from hand to hand down to Dean Stein­ glass. Scott Turow, the lawyer-author of PRESUMED INNOCENT, THE BURDEN OF TRUTH and other works of fiction, par­ ticipated in the Law Library ceremony as a writer, a book lover and an attor­ ney. As partner in the Chicago law firm of Sonnenschein, Nath & Rosen­ thal LLP, he delivered the third Crimi­ Dean Linda Ammons , Dean Steinglass, Michael Climaco , Dean Ahlers , Scott Turow, nal Justice Forum lecture of school Prof. Adam Thurschwel l, Dean Slinger, Assistant Dean Louise Dempsey this year, "Confessions of a Death

Spring 2004 23 I - j'

r -

East 19th Street Renovation

n October 1977 Cleveland-Marshall College of Law, Transforming the Law amid much fanfare and a memorable visit by Britain's Prince of Wales, dedicated its new and permanent School of the 1970s I home on the corner of East 18th and Euclid. For the previous 11 years, the law school, allied since 1969 with into the Law School Cleveland State University, had had a nomadic existence, moving from the former law school building on Ontario of the 2000s Street and from one make-do site to another on the new University's campus. The dedication celebration was a rousing one: Outside, a hundred or so pickets lined up be­ hind police barricades to protest the English treatment of Irish prisoners; inside, a reverential CSU President Walter Waetjen, Cleveland Mayor Ra lph Perk, Cleveland-Marshall Dean Robert Bogomolny and CSU Trustees clustered around the Prince who was given an honorary law degree before an awed assembly of dignitaries, alumni and friends. Protesters aside, nothing could dim the enthusiasm of the men and women who taught and learned law at Cleve­ land-Marshall for their new $ 7 .5 million law building-its two-story atrium, the beginnings of a fine library and its handsome Moot Court Room whose bench had served the

24 Law Notes of Business Administration. Much of the plan involves a recon­ figuration of space that was vacated in 1997 when the new Law Library opened its doors: Where study carrels and shelves of books once stood, spaces will open up for offices for our adjunct faculty, conference rooms, expanded student organization of­ fices, enlarged clinical teaching and legal writing areas, moot court prac­ tice rooms, career placement inter­ view rooms and a thoroughly elec­ tronic practice court room. The plans Law School's Euclid Avenue Renovation propose better lighting throughout the building and technological en­ hancements in the classrooms. former Ohio Supreme Court building into architectural unity with its hand­ In the spring of 2003 the Trustees for generations. Not to mention the some state-of-the-art Law Library ad­ of the Law Alumni Association unani­ spacious classrooms and corridors of dition and to emphasize our strong mously endorsed the plan. Though it well-equipped faculty and adminis­ and interdependent alliance with the is a costly plan, it is essential to our trative offices. After years of confine­ University. In this regard among the future as the educator of some of the ment in the cramped spaces of changes proposed are creating a new region's finest lawyers and commu­ Rhodes Tower and the Chester Build­ front entrance facing Euclid Ave­ nity rainmakers. And we count as al­ ing, the new law school gave promise nue-an alteration that would call at­ ways on our alumni/ae to lend their of a building that would house a vi­ tention to the University's urban mis­ support to this exciting new era in the brant intellectual engagement. sion-and affixing mirror cladding to history of the Cleveland-Marshall And it has: Twenty-six classes have the exterior of the building compati­ College of Law. LFM studied and learned law on the corner ble with that surrounding our sister of East 18th Street and Euclid Avenue colleges on East 18th Street, the Max­ and now serve the law throughout ine Goodman Levin College of Urban the country as graduates of Cleve­ Affairs and the James}. Nance College land-Marshall. But, today, the profes­ sion, with its growing reliance on technology and its emphasis on expe­ riential teaching, demands more, not only of its teachers and students but of the teaching resources and the teaching facility itself. Now, thanks to the generosity of our 1953 graduate Bert L. Wolstein, we have a plan that will transform our 19 70's building into one that is a more effective repre­ sentation of law as it is taught and practiced in the 21st century. In 2001 Mr. Wolstein provided the law school with funds to hire the Akron architectural firm of Braun & Steidel to develop a master plan for the renovation of the law school. The plan they presented reaches far into the future and positions the law school to become as effective in the new century as it has been in the last. Two guiding planning principles were to bring the law school building

Spring 2004 25 1

ABrief Histoiy

of America's By Jam es G. Wilson, Professor ofLaw Cleveland-Marshall College ofLaw --•or almost a century, most Americans have thought of their country as a "republic," not Republican an "empire." In popular culture, Star Wars au­ diences cheered the virtuous Jedi Knights' ef­ forts to save their beleaguered Republic from the heartless Empire. Intellectuals reassuringly distinguished the United States from decadent European countries that clung to their nine­ Em ire teenth-century spoils well into the twentieth-century. Presi­ dent Ronald Reagan all but invoked Darth Vader when he la­ beled the late Soviet Union an "Evil Empire." One of the more surprising reactions to the September 11 atrocities has been the widespread debate over whether In his recent book, THE IMPERIAL REPUBLIC: A STRUCTURAL the United States has become an "empire." President Bush HIST ORY OF AM ERI CAN CO NSTITUTIO NALISM FROM TH E preserved the preexisting, sentimental dichotomy when he COLONIAL ERA TO THE BEGI NNING OF TH E TWENTIETH CEN­ told a group of veterans that the United States does not have TURY (Ashgate 2002), Professor Wilson discloses the any "territorial ambitions. We don't seek an empire. Our na­ quest for empire that has lain hidden in the heart of the American democracy since its founding. The essay for tion is committed to freedom for ourselves and for others." Law Notes places his findings in a contemporary context. His National Security Advisor, Condoleezza Rice, extended Ed. the definition of empire beyond geographical expansion to political domination: "The United States does not have terri­ torial ambitions, or ambitions to control other people." But in a lengthy essay in the New York Times Sunday Magazine, Michael Ignatieff argued that the United States has evolved into an empire. He worried that the assumption of imperial obligations could undermine republican norms and institu­ tions-the government has diverted resources from domes­ tic needs to military ventures and has compromised funda­ mental human rights, such as the right to a fair hearing under due process by summarily incarcerating numerous in­ dividuals suspected of terrorism. In a widely read book, A RE­ PUBLI C, NOT AN EMPIRE: REC LAIMIN G AMERI CA' S DESTINY, Pat Buchanan warned that the nation should not transform it­ self from a republic into an empire. Entering "empire, repub-

26 Law Notes lie, Bush" on the Google Internet tion, distressed but not despair­ "federal republics." They also pointed search engine generates tens of ing, thou desirest to re-as­ out that existing states, most notably thousands of responses. sume thy native vigour, Virginia, which at that time extended There is a secondary de­ and to lay the foundation to the Mississippi River, were already bate over the beginning for future empire!" large geographical sovereignties that of the American empire. Even in the context of could never resemble Montesquieu's There have been claims the times, the idealized, small republican societies. that the empire arose Founders' use of the But the Federalists knew their new sys­ after September 11, af­ word seems a bit sur­ tem conflicted with Montesquieu's vi­ ter World War II, after prising. After all, the sion. As James Madison explained in the Spanish-American Americans had only re- the now famous "The Federalist Papers War in 1898 when the cently freed themselves No. 10," a large republic was more United States established from the British Empire. likely to endure than a small one be­ permanent colonies and But more important, they cause the multiplicity of interests even during the early 1800s. seemed to accept the Anti- would prevent any single faction from More is at stake here than Montesquieu Federalists' argument that the seizing control. Empire and republic just semantics. A careful histor­ new Constitution violated were not in opposition; they strength­ ical survey of the two central words, the political principles established by ened each other. Many years later, "republic" and "empire," helps us un­ Montesquieu, who argued that the Thomas Jefferson wrote to his good derstand who we have been, who we "spirit of the laws" of an empire dia­ friend Madison that United States his­ are, and who we should be. The short metrically opposed the structure and tory had successfully refuted Mon- answer, which the rest of this essay de­ fends, is that the United States has al­ In an era of protracted troubles like the ways been a "republican empire." A large part of this country's success is at­ present, there can be little doubt that the tributable to its capacity to maintain an uneasy equilibrium between the greatest danger is that the necessities of two forces of republicanism and impe­ rialism, cultural/political imperatives empire will overwhelm the republican that simultaneously conflict with and reinforce each other. In an era of pro­ aspects of our society. tracted troubles like the present, there can be little doubt that the greatest culture of a republic. Montesquieu be­ tesquieu's anxieties about a large re­ danger is that the necessities of empire lieved republics had to be small to public. will overwhelm the republican aspects maintain their agrarian virtues, while There were other noted political of our society. empires would grow until they col­ authorities for the Framers' positions, The Federalists who supported the lapsed from a combination of central­ but they are political philosophers this proposed Constitution in 1789 did not ized power, luxury, militarism, and country rarely acknowledges as part of perceive a Manichean dichotomy be­ hubris. As Patrick Henry explained dur­ its intellectual heritage. Most of our in­ tween an empire and a republic. ing the Virginia Ratification Debates: tellectual history focuses on such rela­ Bernard Bailyn's magisterial collection "If we admit this consolidated govern­ tively reassuring figures as Locke, of the most influential speeches and ment, it will be because we like a great, Hume, Montesquieu, and the authors pamphlets discussing America's pro­ splendid one. Some way or other we of "The Federalist Papers." But equally posed Constitution, TH E DEBATE ON TH E must be a great and mighty empire; we relevant are Machiavelli and Hobbes. CONSTITUTION, contains numerous posi­ must have an army, and a navy, and a Machiavelli's DISCOURSES ON LIVY far tive references to the nation as an "em­ number of things. When the American better illuminates our political culture pire." "The Federalist Papers" used the spirit was in its youth, the language of than his sardonic advice to leaders in word over 30 times. In an impassioned, America was different: Liberty, sir, was his much better known work, TH E influential speech in Philadelphia that the primary object." PRINCE. The main lesson that Machi­ was reprinted many times, James Wil­ On one level, the Federalists ar­ avelli learned from Livy's history of son exclaimed, "Ill fated America! *** gued that their system of dual sover­ Rome was that republics must either Thy crisis was approaching! Perhaps it eignty was consistent with Mon­ expand or perish. Although it is con­ was come! *** Without a government! tesquieu's approach because the ceivable that a small republic could Without energy! *** In such a situa- French philosopher had endorsed survive if it were geographically well

Spring 2004 27 protected, most republics plosion that would ul­ ing the Civil War, an election that grow at the expense of timately destroy civi­ could have led to a permanent division their neighbors. Re­ lization, they believed of the nation. Certainly, none of the publics are particularly they could create a re­ present threats can possibly warrant powerful because they publicanism that the suspension of elections. operate under a legal would last for at least But two fundamental props of the double standard: Citizens a century. At that dark electoral process-free political speech have full, generous tights time, the country and physical freedom-are more vul­ while the rest of the world would become urban, nerable. This year, the Supreme Court remains legally and politi­ substituting a deferential had to determine in Virginia v. Black if cally subordinate. This double proletariat for the sturdy, in­ the burning of a cross is per se punish­ standard increases the citizens' Madison dependent yeoman farmers able. During oral argument, Justice allegiance to the republic. Ex- that were the economic and Thomas broke his customary silence by angrily stating that such an act was so Before this century ends, this country may inherently threatening that it should be criminalized. Most disturbing, he engage in an intense struggle with China, a thereby called into question the foun­ dation case, Brandenburg v. Ohio, which conflict that both sides will justify with protects all political speech not in­ tended to persuade others to engage stirring rhetoric. imminently in unlawful action. Bran­ denburg creates the core First Amend­ pressing a sentiment that many Latin cultural foundation of a healthy re­ ment right to be free of governmental Americans would have recognized over publicanism. Thus, the Virginia aristo­ "particularized viewpoint discrimina­ the past two centuries, Machiavelli crats' republicanism had positive polit­ tion," the governmental power to sup­ pitied those countries near a successful ical and cultural norms as well as a press unpopular ideologies and beliefs. republic. Thomas Hobbes supple­ theory of what the new country In his dissent, Thomas went further, ar­ mented this approach by rejecting the should avoid as long as possible. It is guing that such conduct by this "ter­ size issue as a dangerous distraction; worth considering these factors to de­ rorist organization" was inherently the only question is whether the coun­ termine what kind of republic we have criminal. Thomas's creation of an ex­ try is big enough to deter its inevitable and what actions we need to take to ception to viewpoint neutrality under­ rivals. Hobbes's defense of empire-the protect it from the relentless pressures mines the republican process. If the definition of empire as a country of of empire. burning of crosses can be banned be­ vast size and power-should remind us cause of its very disturbing historical that a smaller version of the United adison's republicanism connotations and because it has been States would have had a great deal of began with a structural used by a "terrorist organziation," what difficulty defeating fascism and Soviet premise. Every branch of about T-shirts with a picture of Osama Union-style communism during the M government had to be Bin Laden, swastikas worn by bikers, or twentieth century. Despite its legion of ultimately selected by the electorate. speeches honoring the genocidal Gen­ sins, the United States defeated two im­ For example, the Constitution created eral Custer or the tyrant Joseph Stalin? perial cultures that were far more venal. a purely republican form of govern­ Justice O'Connor created a doctrinal Before this century ends, this country ment because voters directly elected compromise that preserved the heart may engage in an intense struggle with members to the House of Representa­ of Brandenburg but limited the scope of China, a conflict that both sides will tives, Presidential electors, and State another crucial case, R.A. V v. St. Paul, justify with stirring rhetoric. Such rhet­ representatives who had the power to by constricting R.A. V.'s broad concep­ oric should not distract us from the select the United States Senators, who tion of "viewpoint discrimination." grim historical truth that the dispute in turn join the President in choosing O'Connor held that the State of Vir­ would be yet another example of our Supreme Court Justices. This funda­ ginia could not pass a law that made species' tendency to dominate through mental tenet of Madisonian republi­ cross burning per se proof of intimida­ force, which is justified by self-persuad­ canism has remained untouched. In­ tion, a crime that she defined as a "true ing arguments. deed, the electorate gained more threat" that is "directed at a particular Although Jefferson and Madison influence once it began directly elect­ person." Rather, the State could pass were influenced by the grim economist ing United States Senators. President a law outlawing any cross burnings Malthus who foresaw a population ex- Abraham Lincoln held an election dur- that actually intimidate particular indi-

28 Law Notes viduals. Although many civil ous constitutional problems existed be­ ants" must be in a combat zone. Con­ libertarians will be understandably cause Hamdi was only detained, not ceding that the war against terrorism worried about the Court's dilution of tried, sanctioned, and stigmatized. This may last for many years and may ex­ R.A. V. 's hostility to statutes that focus distinction transcends the absurd; any­ tend throughout the world, Luttig con­ on intimidating expressive conduct as­ one who is indefinitely incarcerated, cluded that the Court should defer to sociated with particular ideologies (in probably while being subjected to the Executive once it has recited some this case, cross burning is associated some form of psychosomatic torture dramatic facts, about which there was with the Ku Klux Klan), the ultimate like sleep deprivation, is definitely be­ "not even a hint of fabrication" "suffi­ outcome preserves Brandenburg's essen­ ing sanctioned, traumatized, and stig- cient to satisfy "the constitutionally tial rights. At the least, Klan members can sometimes burn a cross as part of Far more disturbing is the Bush their repulsive rituals. Thus, whether a person is a member of a governmen­ administration's eagerness to gather up tally (or, in Thomas's dissent, a judi­ cially) designated "terrorist organiza­ numerous suspects, including United tion" or not, that person has the fundamental right to use words, wear States citizens, without providing them symbols, and engage in rituals. Con­ any access to the legal system. versely, any person who burns a cross to intimidate another person is liable matized. Although the case can theo­ appropriate standard for the President's to criminal prosecution. At least for the retically be narrowed to its "facts"­ designation of an enemy of the United time being, there is no total suppres­ Hamdi allegedly was captured States." In this particular case, the sion of speech based upon the "war while armed and fighting for affidavit stated that Hamdi against terrorism." the Taliban in trained with the Taliban, Far more disturbing is the Bush ad­ Afghanistan-the highly his military unit surren- ministration's eagerness to gather up deferential approach dered to the Northern Al­ numerous suspects, including United need not be limited to liance, and he turned States citizens, without providing them overseas conduct. The over his weapon to the any access to the legal system. Sum­ opinion relied upon a Northern Alliance be­ mary incarcerations not only chill conclusory govern­ fore being imprisoned. speech; they also prevent political op­ ment document stat­ The law of perjury and ponents from participating in the com­ ing that Hamdi was an the judgment of the munity and voting. This term, the "enemy combatant" President of the United Supreme Court will resolve this funda­ and upon statements by States are the only con­ mental issue. Although the cases can be Hamdi's father, who had straints on this power. factually distinguished, the Court of acted as "next friend" to trig- The Court of Appeals in Appeals in Hamdi v. Rumsfeld has up­ ger the litigation. J efferson Padilla v. Rumsfeld held that the held such in incarcerations, while the In a dissent from a motion Executive Branch does not have Court in Padilla v. Rumsfeld has not. In for the full Fourth Circuit Panel to re­ the authority to summarily seize Amer­ Hamdi, Fourth Circuit Court of Appeals hear the case, Judge Michael Luttig, an­ ican citizens on American soil. The Judge Harvey Wilkinson, who is alleg­ other Supreme Court aspirant, simulta­ Court distinguished Hamdi on the edly on the Bush Administration's neously argued that the amount of grounds that Hamdi was incarcerated short list for a Supreme Court nomina­ process that the Court had given after being captured in a combat zone, tion, all but wrote a love letter to the Hamdi was pathetic and that the Court while Padilla was seized in America­ Bush Administration. While acknowl­ had been insufficiently deferential to based upon allegations that he might edging that the perpetual detention of the Executive Branch. Luttig wrote that be planning a terrorist attack. Hope­ American citizens without any hearing the Court could not rely on Hamdi's fa­ fully, very few of us will stumble into a or any contact with a lawyer was a po­ ther's statements, which only stated foreign field of battle; all of us are cov­ tential threat to our liberties, he con­ that Hamdi was residing in ered if the government wins in Padilla. cluded that any serious judicial inter­ Afghanistan, to reach its conclusion The Court of Appeals avoided an ulti­ vention via habeas corpus violated that Hamdi was in a combat zone. But mate showdown with the President by "separation of powers." Aside from that Luttig thought that the Court was in­ concluding that the incarceration vio­ conclusory statement, Judge Wilkinson appropriately requiring the govern­ lated the Federal Non-Detention Act. made a single legal argument: No seri- ment to prove that "enemy combat- This Act, passed in response to the dis-

Spring 2004 29 T

graceful internment of Japanese-Amer­ throughout the republican empire. Trag­ national debt as a condition of entry. icans during World War II, clearly ically, this geographical conception of Madison's successful rebuffs of these states, "No citizen shall be imprisoned equality did not require equal treatment proposals were not motivated solely by or otherwise detained by the United of all adults within the new country. As­ republican, egalitarian abstractions. He States except pursuant to an Act of suming that the minimal definition of knew that many Virginians in Ken­ Congress." (18 U.S.C., Dec. 4001(a)). citizenship consists of the right to vote, tucky would recoil at being offered sec­ The Supreme Court should not distort serve in public office, and participate ond-class citizenship. Some were al­ this text; it should hold that all deten­ fully in the market place, the vast major­ ready thinking of turning to Spain to tions of U.S. citizens (Handi as well as ity of Americans-women, slaves, Native guarantee their access to the Missis­ Padilla) must comply with due process Americans, and a significant percent of sippi River through New Orleans. Our of law. The government cannot indefi­ low-income whites-did not immedi­ history might have turned out very dif­ nitely deprive citizens of their liberty ately benefit. Indeed, the ethnic cleans­ ferently if Morris had prevailed. The without indicting and trying them. ing of Native-Americans and the use of Federalists barely won the vote at the the peculiar form of" agricultural capi­ Virginia ratifying convention with ever have so many funda­ tal" known as race slavery were two of votes from western Virginia providing mental rights been sacri­ the defining characteristics of the new re­ the margin of victory. ficed for so little-the public. Nevertheless, this doctrine of Both in theory and in subsequent N power to imprison perpetu­ equal citizenship was revolutionary and practice, the Presidency played a ally those few civilians who are stupid progressive within the context of its unique role by combining both imper­ and depraved enough to join terrorist times; it was the constitutional founda­ ial and republican attributes. In 1789, organizations. The government had no tion of the American Revolution. Formu­ the year the Constitution was ratified, difficulty convicting John Walker lated by Benjamin Franklin and best ar­ the historian David Ramsay wrote in a Lindh through the usual channels. ticulated by Thomas Jefferson, the very popular history of the American This dilution of basic citizenship American colonists argued that the Revolution that the new form of gov­ ernment would create republican freedom Madison's and Jefferson's highest commitment within its borders was to empire, not to equal citizenship or strict while allowing the President to act like an construction of federal powers. emperor in foreign af­ fairs. In the founda- rights-a violation of the Machiavel­ British Parliament had no constitutional tion case Marbury v. Madison, Chief Jus­ lian principle that citizens are special­ legitimacy to regulate them. Although tice Marshall constitutionalized is a basic premise of the Bush Adminis­ every member of the British Empire had Machiavellian republicanism: The Ex­ tration. In September 2002, it asserted a duty to the King, none were legally sub­ ecutive branch could not violate do­ in "The National Security Strategy of ordinate to others based upon geogra­ mestic, individual constitutional the United States of America" that "the phy. As Franklin put it, Americans could rights, but the President is "account­ distinction between domestic and for­ not be "subjects of subjects." Wealthy, able only to his country in his political eign affairs is diminishing." The federal white male colonists had certain "rights character, and to his own conscience" government seems to have forgotten of Englishmen" that Parliament could in the conduct of foreign affairs. One of the warning of Winston Churchill, no not erase without turning the colonists Jefferson's first acts as President was to stranger to serious threats to national into slaves whose property was totally attack the Barbary pirates without first security: "The power of the executive under English control. obtaining Congressional authoriza­ to cast a man into prison without for­ tion. Madison's and Jefferson's highest mulating any charge known to law, ames Madison reaffirmed this rev­ commitment was to empire, not to and particularly to deny him the judg­ olutionary principle at the Consti­ equal citizenship or strict construction ment of his peers, is in the highest de­ tutional Convention. The delegate of federal powers. After negotiating the gree odious, and the foundation of all Gouvernor Morris led a Northeast­ Louisiana Purchase, they appointed totalitarian government whether Nazi group that attempted to preserve political allies to control the new Terri­ or Communist." Jthat region's power by giving those states tories rather than authorizing immedi­ The Founders' second republican disproportionate representation to offset ate elections. premise was "equal citizenship," a con­ the political effects of westward migra­ Although Madison and Jefferson stitutional doctrine establishing that tion. Morris also proposed that new believed they had refuted Mon­ all citizens must have equal rights states must pay a fee to help reduce the tesquieu, they made several other Pres-

30 Law Notes idential decisions that confirmed Mon­ less, Dred Scott contained several hu­ tesquieu's warnings that large countries manitarian doctrines that the Four­ e Reconstruction Amend­ could not preserve a republican society teenth Amendment did not repeal ments temporarily put a brake closely resembling his ideal. All three when the Court stated that all persons n geographical expansion. men believed that republicanism had born in the United States were citizens TAlthough many American cultural as well as political compo­ of both the United States and the State politicians still hoped to obtain nents. Montesquieu preferred republics within which they reside. The Four­ Canada, they could no longer easily ex­ because they were not suffused with teenth Amendment only reversed pand southward because they would empire's corrosive "spirits" of con­ Taney's holding that Dred Scott could have to give Cubans, Mexicans, and quest, luxury, decadence, and urban not file his case in federal court under other people of color full citizenship centralized power. In addition to pre­ Article Ill's diversity of citizenship juris­ rights. Yet the demands of empire soon ferring small farmers to industrial ur­ diction clause because he, along with trumped the foundational principle of ban centers, the Virginia Republicans all other African-Americans, could equal citizenship and the anti-racist were wary of such powerful institu­ never be United States citizens. First, goals of the Reconstruction Amend­ tions as standing armies and national Taney reaffirmed the Revolutionary ment. After the United States gained vi­ banks. Jefferson and Madison had vig­ War notion of equality of citizenship. tal military/commercial bases through­ orously, but unsuccessfully, opposed Americans should be able to take their out the Atlantic and Pacific by winning Alexander Hamilton's national bank. property with them when they travel the Spanish-American War in 1898, But when Jefferson gained power, he or wish to settle elsewhere. The le­ Congress decided that these new did not eliminate the bank (although gal/moral problem does not arise in the lands-most notably Puerto Rico, he did reduce the debt af- ter the Louisiana Pur­ Dred Scott contained several humanitarian doctrines that the chase). After the War of 1812 revealed many Fourteenth Amendment did not repeal when the Court stated flaws in America's mili­ tary and political consti­ tutions, Madison and Jef­ that all persons born in the United States were citizens of both ferson acknowledged the need for more central the United States and the State within which they reside. governmental power. With Jefferson's generalized right, which really is an Cuba and the Philippines-would be consent, Madison ignored Jefferson's early version of the right to travel and permanent colonies. When the adage that the country should grow settle throughout the nation, but Supreme Court faced this political de­ peacefully through "compact and emerges in the application of that right velopment in a series of cases dubbed equality" via purchase agreements and to that immoral form of property "The Insular Cases", it explicitly pro­ equal citizenship. Under the Madison known as slavery. Citizens should have moted "empire" over competing con­ administration, Americans invaded the right to move about the land and stitutional considerations. It gave Con­ Florida twice and Canada (the hoped­ bring their property with them, but gress the power to determine almost all for spoil of the War of 1812). that general right does not include the the rights (except for property rights) In his attempt to keep the South in right to bring all forms of property, of the new subjects. The Court dis­ the Union, John C. Calhoun heavily re­ such as drugs that may be illegal in an­ missed Dred Scott due to its obviously lied upon "equal citizenship." All other state. Taney also reinforced the hideous pedigree, obfuscating the fact American citizens had the right to take doctrine of equal citizenship by stating that it was arguably acting even in a their property, in particular their slaves, that Congress did not have the power worse way by constitutionalizing into the new Territories that were held to create permanent colonies; he racism in light of the Fourteenth in common on behalf of all of the wanted any Southern expansion into Amendment. The Taney Court at last States and their peoples. Chief Justice Latin America to lead to new slave had the powerful legal argument that Taney later constitutionalized that doc­ states that would protect the South in the Framers had drafted the original trine in Dred Scott v. Sanford. Taney held national elections. Overall, Taney too Constitution to protect slavery. Other­ that Congress could not prevent Amer­ narrowly extended equal citizenship wise, the Southern states would have icans from taking their slaves into Terri­ within the Republic's boundaries by ex­ never agreed to the new Constitution. tories that had not yet settled the slav­ cluding all blacks from national citi­ Fortunately, the United States has ery issue. This aggressive decision has zenship but protected equal citizen­ not exploited the "Insular Cases" by been appropriately reviled as politically ship's requirement that there be formally expanding its borders after inept and morally bankrupt. Neverthe- geographical uniformity of rights 1898. It found such expansion unnec- throughout the republic.

Spring 2004 31 essary-in part, because of the racial is­ of its "hereditary" principle. Jefferson war against terrorism but all of us must sues (could it really have kept all Mexi­ approved of civil juries because local demonstrate civic courage by main­ cans in colonial subordination?), but, jurors would act more harshly toward taining our dignity, our culture, and more important, because it found al­ the wealthy whenever they abuse their our political rights. ternative means to extend its power­ power. Jefferson and Madison admired So what does this brief history­ gunboat diplomacy, international cor­ the virtuous yeoman farmer for his fi­ which could easily be expanded into porations, and placing and nancial and political independence. several volumes with numerous addi­ maintaining compliant, well-paid Thus, the phasing out of federal estate tional examples-tell us about our cur­ elites in charge of South American na­ and gift taxes, part of the overall shift­ rent culture? We need to return to se­ tions. Machiavelli's warnings to the ing of the tax burden from the rich to mantics. People use such politically neighbors of a successful republic were the middle class and the poor, is a sign important words as "empire" and "re- validated. While eventually expanding its citizenship rights to women and Thus, the phasing out of federal estate and gift taxes, part of gradually permitting African-Ameri­ cans to exercise their fundamental the overall shifting of the tax burden from the rich to the rights, the United States continued throughout the twentieth century to middle class and the poor, is a sign that this country is drift- value "stability" far above democracy ~ when it looked abroad. On the other ing away from its republican heritage towards an imperial hand, the "Insular Cases" remain good law, unlike their equally racist contem­ culture dominated by a few powerful, decadent courtiers, porary Plessy v. Ferguson, which created the "separate but equal" doctrine vali­ now known as lobbyists, who seek more and more wealth dating Southern apartheid. Puerto Rico remains a constitutional travesty, a and power at the expense of the average citizen. The heredi­ large, permanent colony whose peo­ tary principle is redefining our political culture. ple, although American citizens, do not have full citizenship rights because that this country is drifting away from public" in several different ways. they cannot run for federal office or its republican heritage towards an im­ Sometimes, the word is purely descrip­ vote for federal politicians as long as perial culture dominated by a few pow­ tive. Thus, President Bush is correct they reside in their native land. erful, decadent courtiers, now known when he says we are not an empire-if as lobbyists, who seek more and more one limits the concept of empire to ex­ e distribution of wealth and wealth and power at the expense of the pansion of formal boundaries. So long ower was another concern of average citizen. The hereditary princi­ as we have free elections, freedom of arly republicanism. Unlike ple is redefining our political culture. movement, and free speech, we pre­ T:heir rival Alexander Hamil­ Early republicanism also empha­ serve our basic Madisonian republican ton, the Virginia Federalists agreed sized virtue. Citizens were not just eco­ structure. If one requires an emperor as with such republican theorists as Aris­ nomically independent; they also were a necessary part of an empire, our Con­ totle, Machiavelli, and Harrington that well-informed, courageous individuals stitution provided a compromise: per­ republics could only survive so long as who actively participated in the politi­ mitting the electorate to choose their there were no great disparities in cal culture. But the current society, pro­ emperor, at least in terms of foreign wealth. A strong middle class prevents foundly influenced by a few organs of policy, every four years. But that Presi­ the ravenous aristocracy from plunder­ mass media owned by the wealthy, ob­ dent remains accountable through im­ ing the nation or the desperate poor sesses on consumerism and entertain­ peachment. The second cluster of us­ from turning to rebellion. Jefferson ment. Nasty political advertisements ages is more empirical and thus more was particularly proud of eliminating reinforce the beliefs that politics are debatable. Many people will dispute the aristocratic doctrine of primogeni­ hopelessly corrupt and that the best so- Condoleezza Rice's claim that we are ture in Virginia. He put this accom­ 1u tion is withdrawal. The national not imperial since we do not seek to plishment, along with the writing of news programs consist of a mixture of control other people. The United States the Declaration of Independence, on MTV and "The Triumph of the Will." has devised many means of informal his tombstone. Jefferson considered Instead of whipping up hysteria after domination that extend its power far the doctrine of keeping all landed the terrorist attacks, our leaders should beyond its formal borders. Many see wealth within the hands of the first­ be telling us that anyone of us-civil­ the military conquest and occupation born son to be anti-republican because ians and soldiers-may die during the of Iraq as a reversion to old-style impe-

32 Law Notes rialism. The third cluster of meanings is more "emotive"; one often associates power, dominion, and glory with the Overall, five themes emerge word "empire." It seems highly un­ likely that early American leaders pre­ from this survey: cluded such motives from their think­ ing; they were fully aware of what they From its moment of origin, The United States tias aggres­ called "the lust for dominion." Madi­ 1 • sively expanded its power. A large percentage of the elec­ son did not think men were angels. The torate has usually supported this quest for empire. Thus, President next cluster of meanings focuses on the Bush tapped into deep roots by acting so aggressively toward Iraq. institutions and culture of empires and republics: to what degree is the country To justify their actions, American leaders have always in­ militaristic, dominated by the wealthy, 2 • voked such inspirational norms as patriotism, republican­ the powerful, and the decadent? This ism, democracy, and individual rights. But it is impossible to sepa­ issue is probably the most important rate those more noble aspirations from the usual, tawdrier political domestic political question of our era. motives of increasing the wealth and power of one's nation, one's The final definition of "empire" is political party, and even one's friends and family. Like the rest of purely normative: empires are evil us, our leaders are motivated by a wide range of beliefs and desires. forms of civilization. Obviously, most American politicians and citizens do The President has enormous discretion, barely tempered by not characterize their country this way. 3 • law, to implement foreign policy. President Bush's decision to seek Congressional authorization prior to invasion reinforces the desirable constitutional convention established by his father, fames G. Wilson's under­ who obtained Congressional approval to drive Iraq out of Kuwait. graduate degree in Russ­ But there is no real legal recourse if a sitting President ignores ei­ ian and American history ther Congress or the United Nations. The battle is primarily politi­ is from Princeton Univer­ cal. Congress can use its War, Appropriations, and even Impeach­ sity; his law degree is from ment powers to rein in a reckless President who is abusing his or the University of Chicago. her emperor-like powers. In addition to THE IMPERIAL REPUBLIC, re­ cent publications include "The Individual, The Nation needs to preserve the Machiavellian approach the Corporation, the State" in THE CAM­ 4 • that aggressively honors and protects the fundamental rights BRIDGE COMPANION TO NOAM CHOMSKY of citizens. (forthcoming) and "The Eleventh Amend­ ment Cases: Going too Far with fudicial There are several advantages in defining our country as a "re­ Neofederalism" in the Loyola Los Ange­ 5 • publican empire." First, it is historically accurate. Second, it les Law Review (2000). He can be reminds us that in some ways the United States has not been ex­ reached at 216-687-2269 or by email at ceptional. It has used all the tools of empire-violence, betrayal, and [email protected]. propaganda-to advance its ambitions. But it has been extraordinar­ ily successful and has been, at least until recently, exceptionally (c) James G. Wilson able to expand its citizens' freedoms. Last year, the Supreme Court decided to protect private, consensual sexual behavior. The nation has extended equality of citizenship within its geographical boundaries and maintained a middle class that Aristotle believed is such a crucial part of a stable republic. Sometimes this nation has also extended basic human rights abroad, but too often it has been a counter-revolutionary force all too eager to ally itself with tyranny. Acknowledging the tension between empire and republic forces us to wrestle with the ambiguities and uncertainties that seem to be a permanent part of the human condition. Finally, the imperial theme enables us to perceive ourselves a bit more the way much of the rest of the world sees us: as a powerful nation that has done much good, but also done quite a bit of evil.

•

Spring 2004 33 LIBRARY TITLES OF INTEREST

by Schuyler M. Cook '87 Reference Librarian

elcome. Each issue, I'll pro­ NONLEGAL CAREERS FOR LAWYERS, 4th ed., work & Mark R. Siwik. Gwynedd, PA: vide a few words about the Gary A. Munneke & William D. The Vorkell Group, 2001. K184.S83 W Law Library's recent acquisi­ Henslee. Chicago, IL: American Bar 2001. This small (just over 200 pages tions that may interest practitioners. Association Law Practice Management and about the dimensions of a 5x7 All titles are available in the Cleve­ Section, 2003. RR KF 297 .V83 2003. picture frame) title contains fewer land-Marshall Law Library. You are This book is written for those attor­ than 20 entries by individual authors welcomed and encouraged to come by neys and law students who find them­ for attorneys to contemplate. Take it and use our collection. selves dissatisfied with their current along on your next vacation getaway legal job or those who feel that a tradi­ wherein you contemplate why you're tional law position will not satisfy in your current profession/job. It defi­ A LAWYER'S GUIDE TO RETIREMENT AND them after passing the bar exam. It nitely is preferable to the latest issue LIFETIME PLANNING, Jay A. Soled, editor. not only lists potential non-tradi­ ofSKYMALL. Chicago, IL: American Bar Association tional careers but also provides a Senior Lawyers Division, 2002. framework for letting the individual KF315.E84 2002. According to the edi­ discover what the path will be. This tor, this title is the roadmap through book is a good addition to the ABA's the minefield created by the Eco­ OTHER TITLES OF INTEREST: Career Series of titles. nomic Growth and Tax Relief Recon­ COLLECTING ]uDGMENTS FROM START TO ciliation Act of 2001. The collected ar­ FINISH IN OHIO. Eau Claire, WI: Na­ ticles are assigned among three parts: PARALEGALS, PROFITABILITY, AND THE FU­ tional Business Institute, 2001. RR Social Security, Pensions and IRAs; In­ TURE OF YOUR LAW PRACTICE, Arthur G. KFO 544 .C52 2001. ter Vivos Gifts; and Testamentary De­ Greene & Therese A. Cannon. Chi­ position. cago, IL: American Bar Association Law Practice Management Section, COMPUTER ASSISTED LEGAL RESEARCH 2003. KF320.L4 G74 2003. The au­ MADE EASY IN OHIO. Eau Claire, WI: Na­ COLLECTING YOUR FEE: GETTING PAID thors discuss the changing face of law tional Business Institute, 2002. RR FROM INTAKE TO INVOICE, Edward Poll. practice and then explain how utiliz­ KFO 75.5 .S56 2002. Chicago, IL: American Bar Association ing paralegals can achieve the plastic Law Practice Management Section, surgery effect of keeping your firm 2003. KF316.P65 2003. For those of ESTATE PLANNING ISSUES FOR CLOSELY HELD looking its best. They advocate an you whose firm's billing department BUSINESSES IN OHIO. Eau Claire, WI: Na­ overall team approach to delivering le­ consists of you, your PC and Quick­ tional Business Institute, 2002. RR gal services and argue for the inclu­ Books, the 143 pages of this title KFO 140 .C74 2002. sion of paralegals onto the team. should prove invaluable. The Appen­ dices contain some excellent sample FAMILY LAW IN OHIO. Eau Claire, WI: forms and a CD-Rom is included. POWERPOJNT 2002 FOR LITIGATORS: How National Business Institute, 2002. RR TO CREATE ILLUSTRATIVE Ams AND EVIDEN­ KFO 94.F7 5 2002. TIARY EXHIBITS FOR TRIAL, MEDIATION, AR­ THE COUNSELOR AT LAW: A COLLABORA­ BITRATION AND APPEAL, Deanne c. TIVE APPROACH TO CLIENT INTERVIEWING Siemer & Frank D. Rothschild. Notre FINANCE AND ACCOUNTING FOR AND COUNSELING, Robert F. Cochran, Jr., Dame. IN: National Institute for Trial ATTORNEYS. Columbus, OH: Ohio State John M.A. Dipippa & Martha M. Pe­ Advocacy, 2002. KF8915.Z9 P69 2002. Bar Association CLE Institute, 2002. ters. New York, NY: Mathew Bender & Readers may know that this title is not RR KF 320 .AZ F512002. Company, 1999. KF311.C63 1999. So the first work on the topic to be pub­ you find yourself in a situation where lished by NITA. In 2000, two titles, the responsibility of initial client con­ one for PowerPoint and the other for FUNDAMENTAL ISSUES IN OHIO HUMAN RE­ tact has fallen on you, either in a firm Corel Presentations, were published. SOURCES LAW. Eau Claire, WI: National or in your own practice. You weren't This effort includes a CD and can be Business Institute, 2001. RR KFO 338.8 able to squeeze in your law school's checked away from the Circulation .P8 J33 2001. course offering related to some combi­ desk but not out of the Law Library. nation of interviewing, counseling and negotiations? This book will give RECORDKEEPING IN THE WORKPLACE IN you a good concise beginning to your SUCCESS BRIEFS FOR LAWYERS: INSPIRA­ OHIO. Eau Claire, WI: National Busi­ newly necessary study of the matter. TIONAL INSIGHTS ON How TO SUCCEED AT ness Institute, 2001. RR KFO 334 .Z9 LAW AND LIFE, Edited by Amiram El- N48 2001.

34 Law Notes Carol Barresi Has Retired: Bon Voyage!

n June 2003, 29 years after she began working at Cleve- was on hand amid the clamor occasioned by the Prince of land-Marshall as Administrative Coordinator to the Wales's visit to dedicate our new law building in 1977, the I Dean, Carol Barresi retired from the law school. clamor sqrrounding the opening of the new Law Library in In 1975 the law school, newly allied with Cleveland 1997 and the clamor surrounding the celebration of the State University and newly named Cleveland-Marshall Cleveland-Marshall Centennial the same year. College of Law, was in transition: Not only were the fac- Carol took shorthand (a rarity nowadays), kept impecca­ ulty and staff just finding their bearings as a university-af- ble files, transcribed inaccurate tapes accurately, minded fil iated law school, but there had also been six deans or in- schedules and records, and was the helpmeet of four deans terim deans since 1966. Moreover, students who began of very different personalities and dispositions: Dean Bo­ school in the make-do classrooms of Rhodes Tower had golmoln¥, Interim Dean Lizabeth Moody and Deans now migrated to the make-do classrooms of the Chester Steven R, Smith and Steven H. Steinglass. Above all, she Building, while everyone-faculty, students and staff- was the ultimate insider-witness to the inevitable follies looked forward to the promised building of a new school and machinations of two generations of her colleagues­ on the corner of East 18th and Euclid. When Carol Barresi and she was the ultimate keeper of confidences, which is first walked into the dean's office one bright March morn- an indisP.ensable asset in a workplace and in a friendship. ing, she found a new dean just finding his bearings as well: Sometimes impatient with the unorganized lot of us­ Robert Bogomolny, a 1963 graduate of the Harvard Law those who can't keep dates straight or remember deadlines School and a Professor of Law at Southern Methodist Uni- or put things back where they are supposed to be, those versity. whose offices are shambles or an archival paper dig ("Why In the 29 years she served the law school, Carol saw 29 don't you clean up your office, Louise?"), those who have classes and numerous faculty members come and go; she trouble taking rules seriously. Yet she put up with us and .....,"l!i:!l:'-----~---,= sometimes even found all those co­ workers and their inscrutable habits amusing. If I may speak personally, I miss her fussiness, her mild scoldings, the sight of her hurrying across the atrium on soundless feet to collect the mail, and I even miss looking outside and seeing her smoking (though I hope she has quit) in the snow, in the rain and under­ neath the boiling sun. Most of all, I miss being around someone whose sense of herself was so unshakeable and, often, so courageous. And it's always good to have someone whose expectations for you are greater than your own: That's our friend Carol Barresi. LFM

Holl i Goodman , Jean Packard, Marie Rehmar, Carol Barresi, Gail Girdler, Mary McKenna

Spring 2004 35 Honoring WILSON G. Through the Stapleton Society

doggedness in ushering a struggling part-time night law school into the 20th century, however; he is surely best remembered for his dedication to his students. Stapleton cast a wide net over the men and women­ black, white; old, young-aspiring to careers in law throughout his 30 years as teacher and dean. A World War II veteran of both the Royal Canadian Air Force and the United States Air Force, he was especially ex­ pansive in his kindnesses toward soldiers returning from the devastation in Europe and the Far East. To­ day, some of the region's finest attorneys, judges, busi­ Wilson G. Stapleton graduated from our pre- ness leaders and public servants owe their success to decessor school, the Cleveland Law School, in 1934 the study of law at Cleveland-Marshall Law School and began teaching at his law alma mater the follow­ during the Stapleton years. ing year. As teacher and eventually as Dean of the Two-thousand-and-four marks the 70th anniver­ merged Cleveland-Marshall Law School, the flamboy­ sary of Wilson Stapleton's graduation from our law ant cigar-smoking "Wilson G.," as his students came school. Three years ago the law school created the Sta­ to call him, had great ambition for the school and its pleton Society as a way of honoring his memory students, and he had the enterprise and persuasive­ through planned gifts that will continue to build the ness to transform his ambitions into reality. Each of law school he envisioned. The Stapleton Society rec­ the merged schools had been independent night law ognizes donors who wish to name Cleveland-Marshall schools, relying chiefly on the city's lawyers and as a beneficiary in their wills, trusts, life income gifts, judges to leave their offices and courtrooms in the late retirement plans or insurance policies. A planned gift afternoon and spend the next few hours teaching in any amount qualifies a donor for membership in Cleveland-Marshall students. By the time Dean Sta­ the Stapleton Society. Let this be the year you become pleton retired in 1967, the law school had inaugurated a member. a daytime program and employed 18 full-time faculty Contact Louise P. Dempsey '81, Assistant Dean members and 14 part-time instructors; its library col­ for External Affairs, for confidential advice on includ­ lection had grown from 3,000 volumes to over 55,000 ing the law school in your estate plans. You may reach and its budget had increased from $25,000 to her at [email protected] or at the law $350,000. Moreover, the law school had been accred­ school address, 2121 Euclid Avenue, LB 138, Cleve­ ited by the American Bar Association in 1957 and was land, Ohio 44115 or by phone at 216-687-2300. LFM on the verge of acceptance into the Association of American Law Schools. Dean Stapleton's portrait by Rolf Stoll is a gift from the Dean Stapleton is not remembered solely for his class of 1954.

Law Notes This year the Honorable Louis Stokes '53 delivered the keynote ad­ dress at the annual Black Law Students Association Banquet on April 2, 2004. Mr. Stokes, the first African American from Ohio ever elected to the Congress. of the United States, served 15 terms in the House ofRepresentatives before retiring in 1998. He is now senior counsel in the Washington, DC, office ofSquire Sanders & Dempsey L.L.P. Congressman Stokes's brother, the late Carl Stokes '56, for­ mer Mayor ofCleveland, was the first African American Mayor ofa major American city as well as a judge and an ambassador. Law Notes editors thank Congressman Stokes for allowing us to repro­ duce his ELSA remarks below.

The Honorable Louis Stokes I deem it an honor to be invited to speak at this BLSA ban- Cleveland-Marshall College of Law Class of 1953 quet. As a graduate of The Cleveland Marshall College of Law, I can tell you that you are getting as fine a law education as you can get anywhere in this country. If you apply yourself,

Spring 2004 37 you can compete against the law grad­ uates of Harvard, Yale, Stanford or any other law school in America. I am proud of this school and you should also be proud of the school and of your­ selves. The measure of any student here is not what they taught you, but what you did with what you were taught. I also want to acknowledge the pres­ ence tonight of your Dean, Steven Ste­ inglass. I also consider him one of the finest deans of any law school in the country. Keesh a Pinn ock, Ch air of BLSA's banquet committee, asked me to com­ Ihad no idea when I tried the Terry case here in Cleveland ment upon the 40th anniversary of Terry v. Ohio and the 50th anniversary of Brown v. Board ofEducation. She also 40 years ago that it would become alandmark constitutional advised me of this year's banquet theme: "We, stand, on the shoulders of our predecessors .. . . We, as their suc­ law case now taught in every law school in America and every cessors, must catch the torch of free­ dom and liberty passed on to us by our police department in America. ancestors. We .cannot lose in this bat­ tle." As a defense lawyer he became a legend police officer to stop and frisk, on a in Cleveland's courtrooms. While my public street, people who look like me, This is a noble theme and I brother Carl and I were still both young because I act suspiciously or because he will try to address it. lawyers, we were picked by Norman "simply doesn't like" me. While I did Minor to practice law with him. The not win Terry, the Supreme Court es­ en I graduated firm was named Minor Stokes and tablished guidelines for police all over from this law Stokes. the country regarding constitutional school in 1953, I had no idea when I tried the Terry searches and seizures of citizens on the one year before case here in Cleveland 40 years ago streets, in their cars and in their homes. the U.S. Su ­ that it would become a landmark con­ Your theme, "Standing on the shoul­ preme Court de­ stitutional law case now taught in ders of your predecessors," came force­ cided the Brown v. Board decision, my every law school in America and every fully home to me about two weeks ago. goal was to be a great trial lawyer. I police department in America. What I It was on the morning of the 13 7th wanted to defend those who were poor did know was that when the white po­ Charter Day Convocation of Howard and oppressed. As a lawyer I wanted to lice officer in that case arrested two University's founding in Washington, fight discrimination and bigotry and black males and a white male on Euclid D.C. The theme of Howard's Convoca­ segregation. Two men were my heroes Avenue, whom he had observed and tion was the same as ours tonight, "Cel­ in the law, men whom I admired and approached because he said they acted ebrating 50 Years of Brown v. Board of respected. One was Norm an S. Minor suspiciously, and added "to tell you the Education." '27 and the other was Thurgood Mar­ truth, I just didn't like em'," I knew I I wish I could create for you tonight shall. Fate determined that I got to h ad a constitutional challenge. Terry and for every young black person in practice law with Norman Minor, and I and his companions were poor. None America the living history lesson I ex­ got to work in the civil rights move­ had any money. Jack Day, who later perienced at Howard that morning. ment and to know Thurgood Marshall, became my co-counsel, and I paid the On the stage receiving honorary de­ and to argue the Terry case before the expense of taking this case up to the grees were people like Charles T. Dun­ U.S. Supreme Court when he was one U.S. Supreme Court out of our own can, a cum laude graduate of Dart­ of the nine Justices hearing the case. pockets. Two of these men were found mou th College and Harvard Law Norman Minor was an Ohio Assis­ to have guns on them, and I could have School, who worked on the second tant Prosecutor for more than 18 years; pleaded them guilty and disposed of brief presented to the U.S. Supreme he won more cases than any other law­ their cases, but the higher principle was Court in Brown v. Board; Julian Dugas, yer in the history of Ohio: 5,000 cases whether the Fourth Amendment to the now 85 years old and still teaching law and 28 first-degree murder convictions. United States Constitution permits a in Howard's law school, the lawyer in

38 Law Notes one of the companion cases to Brown v. in Brown v. Board in 1954. we are going. I am reminded of the Board, Bolling v. Sharpe, the case that Charlie Houston completed high story of the New York Times reporter ended school segregation in Washing­ school at age 15 and graduated magna who was going through the rural area ton, D.C., and a great female lawyer, cum laude from Amherst College. He of Mississippi during the heat of the Frankie Muse Freeman, who in 1954 ar­ earned a bachelor of laws and a doctor­ civil rights movement. Seeing this gued and won a landmark case in the ate of laws from Harvard Law School. A older black woman seated on h er U.S. Supreme Court challenging racial few years after graduation he became porch, he approached her and asked segregation in public housing in St. Dean of Howard University Law her what she thought the civil rights Louis, Missouri. Another lawyer pre­ School, where he went with a mission: movement had done for black people. sent, Jack Greenberg, Director of the to turn out the finest black lawyers in She said "Well, we ain't what we gonna AACP Legal Defense Fund from 1949- America, who themselves would have be; and we ain't what we oughta be; 1984, argued 40 cases before the U.S. a mission. His creed was "A lawyer's ei­ but thank God, we ain't what we was." Supreme Court, including the 1954 ther a social engineer or he's a parasite In order to understand the real Brown v. Board case. on society." meaning of Brown v. Board of Education Oliver W. Hill, Sr., a legendary name Sitting there at this Convocation in 1954 you have to go back in U.S. his­ amongst civil rights lawyers, was in a service th at morning, over and over tory to a date more than 60 years be­ wheelchair and is now 97 years old. He again, we were reminded of the role fore the day in 1955 when Rosa Parks was born in 1907 in the shadow of this black institution had played in sat down in the white section of a bus Plessy v. Ferguson, and refused to get up and the U.S . Supreme give her seat to a white Court case that up­ man. In 1892 a 29-year-old held the slave-based Plessy was "white shoemaker named Homer doctrine of "sepa­ Plessy was chosen to chal­ rate but equal." He lenge a law passed by the began the practice enough ta gain state of Louisiana in 1890 of law in 1934 and, that required public trans­ with no money and portation to be segregated no office, immedi­ by race. Plessy was the child ately bega n filing access ta the train of an inter-racial marriage lawsuits to end dis­ and was fair skinned. crimination and Once on the train, Plessy, segregation. Several who had purchased a first­ of his cases became and black enough class ticket, refused to "re­ landmark laws se­ tire to the Colored car on curing equal rights the train." He was arrested for African Ameri­ for sitting in a "Whites cans in education, ta be arrested Only" railroad car. In court, employment, hous­ Plessy contended that the ing, and voting and jury selection. He, state law violated the 13th too, was the lawyer in one of the com­ preparation and 14th amendments to panion school desegregation cases de­ for the oral for doing so." the Constitution, which cided by the Supreme Court in Brown. argument had abolished slavery and And then there was recognition of a in the Brown case. It was here, in this given African Americans rights as citi­ man who also should be known by black university's law school, that zens. The court ruled against him, and every black person in America. Charles Charlie Hamilton, Thurgood Marshall his appeal was taken to higher courts. Hamilton Houston Sr., now deceased, and these other legal giants practiced In 1896 the United States Supreme was represented by his son, Charles arguing the Brown case before black law Court ruled against Plessy in an eight Hamilton Houston Jr. Charles Hamil­ students who acted in the role of to one decision that established the ton Houston Sr. was the lawyer who Supreme Court Justices. doctrine of "separate but equal." The conceived and headed the legal strategy This Convocation service was a decision gave a powerful weapon to leading to the end of legalized racial de­ morning I shall never forget. Th e those who wanted to keep whites and segregation in the United States. He young men and women whom we are blacks segregated by race and defined and those he taught and mentored, in­ preparing as our n ext generation of racial attitudes for more than half a cluding Thurgood Marshall who was leaders must know from whence we century. Plessy upheld segregation laws his prize pupil, laid the legal ground­ have come-not only where we have in the United States and was used uni­ work that ultimately led to the decision been, but where we are now and where versally to hold African Americans

Spring 2004 39 "The goal of atrue democracy such as ours is that anybody born in the United States, even if born to the blackest, most illiterate, most underprivileged Negro in Mississippi, is, merely by being born and drawing its first breath in this democracy, endowed with the exact same rights as achild born to aRockefeller."

back in education, jobs and other op­ nearby white school, making their way lives. Indeed you have altered America portunities. to the black bus stop beyond the tracks irrevocably and forever." The Washing­ According to writer Keith Weldon .... And it is the larger story of count­ ton Afro-American newspaper editorial­ Medley, Plessy was "white enough to less other African American children ized, "We make movies about Malcolm gain access to the train and black walking great distances, against great X., we get a holiday to honor Dr. Martin enough to be arrested for doing so." odds, to reach their own segregated Luther King, but every day we live with In 1954 Brown v. Board of Education schools as buses filled with white chil­ the legacy of Justice Thurgood Mar­ overturned the doctrine of "separate dren passed them by." shall." but equal." It is fitting tonight that we pause and He had been the chief attorney for This 11-page unanimous decision pay tribute to the man who, along with the NAACP for 23 years. He used the was written and delivered by Chief Jus­ Charles Hamilton Houston, was the ar­ courts to strike down racially discrimi­ tice Earl Warren in purposefully un­ chitect and the lead lawyer in the Brown natory practices in voting, housing, emotional language. He said: "We case. That man was Thurgood Marshall transportation, teachers' salaries, grad­ come then to the question presented: who would later become this nation's uate and professional education, public 'Does segregation of children in public first African American Supreme Court schools and the administration of jus­ schools solely on the basis of race, even Justice. tice. Most lawyers in America never get though the physical facilities and other Upon hearing of Thurgood's death, to argue a case in the United States "tangible" factors may be equal, de­ Thomas Krattenmaker, a Georgetown Supreme Court. Thurgood Marshall ar­ prive the children of the minority University Law Center professor, was gued 32 cases before the United States group of equal educational opportuni­ quoted as saying: "When I think of Supreme Court and won 27. On his ties?' We believe that it does .... We great American lawyers, I think of way to the Supreme Court, as a Judge conclude that in the field of public edu­ Thurgood Marshall, Abe Lincoln and on the U.S. Court of Appeals, he wrote c a ti on the doctrine of 'separate but Daniel Webster." At Justice Marshall's 130 opinions, none of which were ever equal' has no place. Separate educa­ funeral, Chief Justice Rehnquist cited reversed by the Supreme Court. Again, tional facilities are inherently un­ the words above the entrance to the as Solicitor General of the United States equal!" Supreme Court, which read, "Equal]us­ representing the United States Govern­ In an article entitled "Brown v. tice Under Law," and then said, "Surely ment before the Supreme Court, he ar­ Board," Brian Willoughby writes, "It is no one individual did more to make gued 19 cases and won 15 of them. the story of two little girls, who were these words a reality than Thurgood This amazing record as a lawyer be­ sisters, walking through a railroad Marshall." Vernon Jordan, in his trib­ gan with his education at two histori­ switchyard in 1950's Topeka, Kansas, ute, said: "We thank you, Thurgood ... cally black public universities. Marshall lunch bags in hand, unable to attend a your voice is stilled but your message attended Lincoln University where he

40 Law Notes was a classmate of the future President mocracy such as ours is that anybody of Education had deliberately, illegally of Ghana, Kwame Nkrumah; the future born in the United States, even if born and unconstitutionally segregated chil­ immortal band leader Cab Calloway to the blackest, most illiterate, most un­ dren by race, and the school board was and writer Langston Hughes. He gradu­ derprivileged Negro in Mississippi, is, ordered to desegregate Cleveland ated cum laude and went to Howard merely by being born and drawing its schools. University Law School, where he estab­ first breath in this democracy, endowed I have tried tonight to commemo­ lished a special relationship with Dean with the exact same rights as a child rate the 50th anniversary of Brown v. Houston, who in 1927 had been the born to a Rockefeller." Board by reviewing our history. It is said first black lawyer to win a case before America's reaction to the Brown v. that "those who do not know their his­ the U.S. Supreme Court. Marshall went Board ofEducation decision-unlike the tory are destined to repeat it." on to graduate first in his class, magna decision itself-was not unanimous. We have come a long way in the last cum laude. Newspaper editorials variously praised 50 years, and no one can deny that He was the lawyer for the famous and condemned the decision. White much has been accomplished and that "Little Rock Nine" school integration southerners vowed opposition. Black African Americans have broken case in 1957 and the lawyer for Auther­ Americans generally welcomed the de­ through many barriers. Yet much of ine Lucy in her successful court case or­ cision as having removed every last ves­ that progress when compared to white dering her admission to the University tige of segregation by race, thereby rec­ progress is minimal. Throughout the of Alabama in 1956. When college stu­ ognizing the equality of all Americans last century and now in this century, dents across the south were being ar­ and affording them the opportunity to we have faced issues of resegregation of rested for trying to integrate lunch be whatever they wanted to be. To our schools, allegations of reverse dis­ counters and other public facilities in them, this meant no longer living un­ crimination, white flight, "angry white the south, Marshall and NAACP der any semblance of the demeaning males," and affirmative action chal­ lawyers represented over 1,200 demon­ and degrading laws of 1896's Plessy v. lenges. strators. Eventually, they secured a val­ Ferguson, which had opened the door to Perhaps Colbert I. King, a Washing­ uable decision from the Supreme Court state-sanctioned racial discrimination ton Post writer, put the challenge to you in Gamer v. Louisiana in 1961, holding all across the south, and 185 7's Dred best. He wrote a recent column cap­ that peaceful sit-ins and protest Scott decision, which had held that tioned "Slow Progress, 50 Years After demonstrations were a form of free blacks, slave or free, were so far inferior Brown." After writing of the current sep­ speech. that they had no rights that the white aration of the races, he sums up his Throughout all of this Marshall's man was bound to respect. views by saying, " . .. the challenge to courage was inspirational. As he trav­ Here in Cleveland, the first lawsuit to African Americans today is the same as eled through the south in desolate, desegregate public schools in the north it was on May 17, 1954, when the rural areas, he often encountered was filed in 1964. When Thurgood Court spoke: to be prepared to achieve threats of death. Throughout it all he Marshall left the directorship of the success on an equal footing in any en­ seemed to be sustained and to garner NAACP Legal Defense Fund, he was re­ deavor-be it in the arts, science, busi­ strength from the words of his law placed by Robert Carter, who is now a ness, professions, sports-any and teacher and mentor, Charles Hamilton federal judge in New York. Bob Carter every thing ... the march must con­ Houston, who always told him "I came here to Cleveland and worked tinue until Brown's promise-the op­ would rather die on my feet than live with me, Jack Day, Harry Lehman and portunity to succeed in life-is made on my knees." several other NAACP lawyers to open a available to all on equal terms, until There were many local cases that new front in America: the desegrega­ equal opportunity is a reality in the life were lost that should have been won. tion of northern public schools. The of every American .... " Because of hostile judges, fear by local case we filed against the Cleveland How you, the young people in this African Americans of becoming in­ Board of Education was Craggett v. room, answer these and other chal­ volved in civil rights battles, and Cleveland Board of Education, et al., lenges in the next generation will deter­ threats against those people filing suits, which we tried here in the U.S. district mine our fate for generations to come. Marshall could never be sure whether a court with Bob Carter as the lead attor­ I leave you with the immortal words seemingly strong case would make it to ney. The court ruled against us and the of Mahatma Ghandi who so eloquently court. He often told of how he had to decision was made not to appeal until said: "You must be the change you ex­ sleep from house to house at night other cases had been filed in the north. pect to see in the world." while trying cases in the south in order A later case filed in 19 7 3 by the to escape those who threatened his life. Cleveland NAACP, against the Cleve­ Wherever he was and whatever the cir­ land Board of Education was known as cumstances, he believed in the promise Reed v. Rhodes. This case did go to the of America. In a 1979 speech he was United States Supreme Court and the quoted as saying "The goal of a true de- Court found that the Cleveland Board

Law Notes Spring 2004 41 Leon of the Long Memory and the Large

eon Plevin, President burden of a generation of our students. Emeritus of the Cleveland­ The Plevin name is as inseparably based law firm of Nuren­ linked with the Cleveland arts commu­ berg, Plevin, Heller & Mc­ nity as it is with the legal community. Carthy Co, L.P.A., Leon Plevin is a past President of the graduated from the law Cleveland Artist Foundation, and Glo­ Lschool in 1957. A West Virginian, he ria Plevin is a well-known and highly was the first lawyer in his family, and regarded painter and print maker. To­ he has never forgotten his law alma gether the Plevins have advanced the mater or the faculty members who cause of local artists by their steward­ shepherded him through Cleveland­ ship of the Nurenberg Plevin art collec­ Marshall College of Law: Ellis Rippner tion, which is today perhaps the finest '25, William Marsteller, Victor De­ assembly of regional artists in the city. Marco, Norman Miller, William And recently Ms. Plevin donated one of Gardner, Joseph Artl '23, and, above her prints to the law school's own art all, Dean Wilson Stapleton '34. This collection to complement two other year, in an act of gratitude for those prints in the same series recently given teachers and mentors, Leon created the to the law school. Leon M. and Gloria Plevin Endowed Leon Plevin also has a commendable Professorship at the law school. The record of service to the University. He is Leon M. and Gloria Plevin Professor­ a Director of the Cleveland State Uni­ ship will be given to a current faculty versity Foundation and a member of member whose scholarship and profes­ the College of Arts and Sciences Visit­ sional service have helped advance the ing Committee. In 2000 he has was in­ reputation of the law school and whose strumental in bringing the "For Every­ teaching will inspire the next genera­ thing There is a Season: Jewish Ritual tion of Leon Plevins. Art in Cleveland" exhibition to the This is not Mr. Plevin's first act of Cleveland State University Art Gallery. generosity toward Cleveland-Marshall. Before the close of the school year, Several years ago, he and his law firm Dean Steinglass will announce the established the Nurenberg, Plevin, holder of the Leon M. and Gloria Plevin Heller & McCarthy scholarship in law, Endowed Professorship. LFM which has helped remove the financial

42 Law Notes A Brilliant~ ar for the Public Law Scho that Serv;~ the Public

his year as in the past Cleveland-Mar­ shall College of Law faculty and admin­ istrators created opportunities for the University and the community to hear some of the country's most compelling speakers: Legal historians, civil rights Tactivists, advocates for legal and labor reform, hu­ man rights attorneys, criminologists, legal philoso­ phers and spokespersons for women's rights and em­ ployment came from prestigious law firms, universities, and public interest organizations to speak at Cleveland-Marshall. We began the 2003-2004 school year's round of public events on September 4 with a visionary con­ ference jointly sponsored by the law school and the Levin College of Urban Affairs. Organized by Legal Writing Professor Brian Glassman and Levin College Forum Program Director Kathryn Hexter, the con­ ference examined the arts as a fulcrum for city plan­ ning and a means of restoring at-risk neighborhoods. Chief among the presenters at "MERGING AN ARTISTIC AND CIVIC VISIO N: LAW, THE ARTS AND URBA N PLANNING" were Brian Tolle, the artist who de­ signed the Irish Hunger Memorial in New York City, and Lily Yeh, an artist and community activist in Philadelphia. Twelve days later on September 16, New York University School of Law Professor Stephen]. Schulhofer, au­ thor of UNWA NTED SEX: TH E CULTURE OF INT IMIDATI ON AND THE FAILURE OF LAW, presented the first Criminal Justice Forum lecture of the year: "Rape, Sexual As­ sault and the Twilight Zone: When Sex is Unwanted but Not Illegal," a discussion of rape laws throughout the country that have failed to criminalize incidents of sexual imposition when they did not involve

Spring 2004 43 physical force against women. Professor Estreicher, author with at work-and-family conflicts. Profes­ On September 18, the Joseph C. Cleveland-Marshall Professor Joan sor Hoke characterized the growing Hostetler - Baker & Hostetler Visiting Flynn of the fifth edition of LABOR tensions between w.ork-life and fam­ Scholar, James F. Simon, Martin Pro­ LAW: CASES, MAT ERI ALS AN D PROBLEMS , ily-life nationwide as an issue that fessor of Law and Dean Emeritus at discussed his proposals for reforming should perhaps be addressed by gov­ New York Law School, presented the the unionization of the American ernment policy makers. second of the worker. The second Criminal Justice Fo­ law school's On October 9, New York Univer­ rum program of the school year three-part lec­ sity School of Law Visiting Professor looked back on a 40-year-old Cleve­ ture series in Derrick C. Bell served both as the land court case that has become part observance of opening speaker for the three-day of American legal history: Terry v. the 200th anni­ People of Color Midwest Legal Schol­ Ohio, the "stop and frisk case." On versary of Mar­ arship Conference and as the 77th Thursday, October 30, two of the bury v. Madison, Cleveland-Marshall Fund Visiting principals in the case, former United "What Kind of Scholar. Professor Bell, one of acade­ States Congressman Louis Stokes '53, James F. Simon Nation: Thomas mia's most re­ who represented the Terry defendants Jefferson, John vered teachers all the way to the US Supreme Court, Marshall, and the Epic Struggle to and civil ac­ and former Assistant Prosecutor Reu­ Create a United States," which is also tivists, drew the ben Payne '53, who prosecuted the the title of Professor Simon's ac­ largest audience men, joined Cuyahoga County Court claimed 2002 study of the rivalry be­ of the year. His of Common Pleas Judge Timothy J. tween Justice Marshall and his address, "Brown McGinty '81, Cleveland-Marshall cousin, Thomas Jefferson. v. Board at 50: Law Professor Beverly J. Blair '85 and In 1999, Associate Dean, Law Li­ What Are We Case Western Reserve University Pro­ brary Director and Professor of Law Doing with fessor of Law Lewis R. Katz in a discus­ Michael]. Slinger inaugurated a pro­ Derrick C. Bell What We Have sion of the affects of the case on gram featuring our own faculty as Learned?," questioned our country's Fourth Amendment jurisprudence speakers. In the past five years almost successes in fulfilling the promises of and its relevance to the practice of 30 faculty members have presented the Brown decision. criminal law in the 21st century. informal lectures about their research Cleveland-Marshall Professor of On November 18, Supreme Court projects. The Faculty Speaker Series Law Adam Thurschwell brought to­ historian and John Marshall biogra­ began this year with Professor Phyllis gether international law scholars and pher R. Kent Newmyer, Professor L. Crocker speaking on September 30 legal philosophers for a two-day con­ Emeritus of Law and History at the about her experiences as Foreperson ference on October 16 and 17, "Sover­ University of Connecticut School of of the Grand Jury, an experience that eignty and the Right to Death." Law, delivered the year's second eventually involved a confrontation Among the presenters were Rutgers Joseph C. Hostetler-Baker & Hostetler with the Cuyahoga County Prosecu­ University Professor of Law, Women's Lecture commemorating the bicen­ tor over the assignment given the jury Studies and Political Science Drucilla tennial of Marbury v. Madison, "John by the appointing judge. Cornell, University of London Birk­ Marshall 'in the circumstances which On September 24, Samuel Estre­ beck College School of Law Anniver­ were his'." icher, Director of the Center for Labor sary Professor of Law Peter Fitz­ Professor Stephen J. Werber, an and Employment Law and Co-Direc­ patrick, the expert in tort law and proposed tort tor of the Institute of Judicial Admin­ University of reform initiatives nationally, pre­ istration at New California- sented the final fall lecture in the Fac­ York University I rvine Distin­ ulty Speaker Series on November 19, School of Law, guished Profes­ "Tort Reform: State and Federal Con­ presented the sor of English stitutional Concerns." 2003 Duvin, and Compara­ Cahn & Hutton tive Literature Famed novelist and attorney Employment and J. Hillis Miller, Scott Turow visited the law school on Labor Law Lec­ and Cleveland­ February 4 to deliver the third address Peter Fitzpatrick ture, "One Size Marshall Pro- in the Criminal Justice Forum lec­ Samuel Estreicher Does Not Fit All: fessor of Law Tayyab Mahmud. tures, "Confessions of a Death Pen­ Creating a Com­ On October 29 Professor S. Can­ alty Agnostic." Mr. Turow's address petitive Market for Workplace Repre­ dice Hoke presented the second Fac­ drew heavily on his experiences rep­ sentation Services." In his speech, ulty Speaker Series lecture, a hard look resenting death row convicts pro bona

44 Law Notes and the research sity Washington College of Law Pro­ on "Law and Anthropology: Unfin­ for his 2003 fessor Joan C. Williams, who is also ished Conversations about Democ­ non-fiction the Executive Director of the Program racy and Difference." book, ULTIM ATE on WorkLife Law at American Univer­ The final lecture in the Criminal P UN ISHM EN T: A sity, spoke to an enthusiastic audi­ Justice Forum series on April 29 LAWYER'S REFLEC­ ence about her organization's efforts brought Sharon L. Davies, the John C. TIO NS ON DEAL­ to use the law to protect the working Elam I Vorys Sater Designated Profes­ ING WITH TH E rights of parents and preserve sor of Law at Ohio State University, to ScottTurow DEATH PENA LTY . values most campus to discuss "False Confessions: The spring Fac­ prized by fami­ Lessons from the Central Park Jogger ulty Speaker Series opened on Febru­ lies. Her lecture, Case." ary 11 with Professor William "Beyond the Ma­ On May 3, Professor James G. Tabac's discussion of the Kennedy ternal Wall: Wilson and other law and CSU his­ administration's conviction of Team­ When Mothers tory faculty analyzed oral arguments ster Union President Jimmy Hoffa, (and Fathers) Sue in Hamdi v. Rumsfeld and Rumsfeld v. his lawyer and others for jury tamper­ for Job Discrimi­ Padilla. ing. Professor Tabac described his in­ nation," focused volvement as a US Court of Appeals on experiences Still to come at publication time: Joan C. Williams clerk in the only conviction that was representing The Eighth Internal Revenue Ser­ reversed and his personal investiga­ women whose jobs were endangered vice Conference on Federal Wealth tion into the case in "A Most Zealous by bias against women seeking mater­ Transfere Taxation, organized by Pro­ Prosecution: the Kennedys v. Hoffa." nity benefits. Professor Williams fessor Louis Geneva, will take place On February 23, labor and hu­ spoke as the law school's 78th Cleve­ on May 26, 2004. For information man rights lawyer Terry land-Marshall Fund Visiting Scholar contact Professor Geneva at Collingsworth, Executive Director of and as the final Employment and La­ 216-687-2346 or email him at the International Labor Rights Fund bor Law Speaker of the school year. [email protected]. in Washington, DC, presented "The The final spring Faculty Speaker And don't forget to check for spe­ Globalization of Labor and Employ­ Series event presented Associate Dean cial events during the 2004-05 school ment Law: Suing Multinational Com­ Michael J. Slinger and Professor of year on www.law.csuohio.edu. LFM panies in US Courts for Violations of Law and Urban Affairs W. Dennis Workers' Human Rights." Mr. Keating speaking together on "The Collingsworth and the International American Civil War: Civil Liberties Labor Fund have been leaders in and Retribution-Parallels with To­ bringing suit under the Alien Tort day," an historical look at the assaults DID YOU KNOW? Claims Act in order to hold multina­ on civil liberties that occurred during tionals accountable for human rights and after the War Between the States C-M student Ari Sherwin violations in foreign lands. His lecture and a comparison with the present competed in the World Cham­ was the second event in the law federal government's reaction to the pionships for Weight Lifting in school's 2003-2004 Employment and September 11 tragedy. 1999 and was an alternate on Labor Law Speaker Series. Mr. The law school hosted three pro­ the U.S. Olympic Team in Collingsworth is fondly remembered grams in April. On the 15th Daniel 2000. as a Clinical Professor in the law Halberstam, Assistant Professor of school's Employment Law Clinic dur­ Law at the University of Michigan Hon. Kenneth D. Stern '67 ing the 1980s. Law School and an authority on is­ and Hon. Jeffrey A. Winikoff "Why Not Polygamy?" was the sues relevant to the effect of the Euro­ ' 78 both serve on the bench in provocative title of Professor Dena S. pean Union on international law, Palm Beach County, Florida Davis's Faculty Speaker Series lecture spoke to the law school and the legal where their chambers are on on March 2, in which she argued that community on "The European Court the same floor. the state has no business meddling in of Justice and the Quest for Europe." marriage, whether it is a heterosexual On April 21, Princeton University or a same-gender alliance. Dr. Davis Professor Of Anthropology Carol J. Judge Jeffrey A. Winikoff '78 took the argument a step further: If, she Greenhouse, a cultural anthropolo­ of the Palm Beach County Cir­ argued, same-gender marriages should gist whose work focuses on questions cuit Court is the presiding not be a matter of state intervention, of politics and law as cultural prac­ judge in the Rush Limbaugh then why not multi-person marriages? tices, delivered the 2004 Joseph C. case. On March 11, American Univer- Hostetler - Baker & Hostetler lecture

Spring 2004 45 Alumni Happenings

1941 1960 alition for Children in recognition of Paul J. Hribar, who has practiced law CMLAA Honorary Trustee Dale D. , over 15 years of pro bona service to the for the past 56 years, was the subject of Powers has become President of the Florida Sheriffs Youth Ranches "Flor­ an in-depth article in The News Herald. Cuyahoga County Public Library ida's Charity for Children." Mr. Powers Board of Trustees. was appointed to a second term as the 1951 chair of the 11th circuit nomination Hon. Lillian Burke, retired Cleveland 1962 committee for the selection of fellows municipal judge, received the Achieve­ George L. Forbes was the keynote in the College of Labor and Employ­ ment Award from the YWCA of speaker for the Black Trades Council of ment Lawyers and as the management Greater Cleveland. Ohio Inc. second annual luncheon. co-chair of the state and local bar asso­ Mr. Forbes is president of the Cleve­ ciation task force of the American Bar 1953 land Branch NAACP. Association's Labor Section. CMLAA Honorary Trustees William T. Monroe and Louis Stokes, as well as CMLAA Trustee Stanley E. Stein is a Nancy C. Schuster is a member of the Seymour R. Brown, Neil J. Byrne, member of the Trustees Class of 2006 Board of Editors of Ohio Lawyer. Karl D. Kammer, Warren D. Langer, of the Cuyahoga County Bar Associa­ Thomas C. Losh, Mark A. Smith and tion. 1970 George W. Whitehead were recog­ Leonard]. Kleinman joined the nized as fifty-year practitioners and 1965 Tampa, Florida, firm of Ruden Mc­ were the recipients of the Cleveland Inside Business recently named Larry Closky Smith Schuster & Russell, Bar Association Honorary Lifetime Crystal a Leading Lawyer in Northeast where his practice will concentrate on Memberships. Ohio. general corporate and tax work. Mr. Kleinman is a member of the National Akron Magistrate James S. Gallas was 1968 Advisory Board of the Cleveland-Mar­ the recipient of the Ellis Island Medal CMLAA Honorary Trustee Hon. John shall College of Law. of Honor Award. E. Corrigan is a member of the Trustees Class of 2006 of the Cuya­ 1971 The Cleveland Artist Foundation hon­ hoga County Bar Association. Governor Bob Taft named Hon. Ter­ ored Leon Plevin at its annual benefit rence O'Donnell to the Ohio Supreme as he retired as president of the non­ Louis A. Difabio is a member of the Court. The Federation of German­ profit organization. Board of Editors of Ohio Lawyer. American Societies of Greater Cleve­ land also named Justice O'Donnell CMLAA Honorary Trustee and former CMLAA Honorary Trustee Hon. Anne 2003 Public Official of the Year. Congressman Louis Stokes was the re­ Dyke received a Presidential Board Ap­ cipient of the Congressional Distin­ pointment to serve a one-year term as 1972 guished Service Award for his numer­ a Trustee of the Cuyahoga County Bar Robert I. Chernett, Steven L. Wasser­ ous accomplishments in a 30-year Association. man '78, Michael B. Pasternak '92 congressional career. Mr. Stokes was and Jonathan M. Yarger announce the Ohio's first black U. S. congressman. Thomas J. Escovar was installed as opening of their new law firm, Cher­ President of the Cuyahoga County Bar nett, Wasserman, Yarger & Pasternak at Bert Wolstein received the 2003 Association. He is also a member of the Tower of Erieview in Cleveland. Alumni Lifetime Leadership Award the Board of Editors of Ohio Lawyer. from Cleveland State University. John V. Jackson has become a partner William E. Powers Jr., a member of with the Cleveland office of Sutter, 1954 the National Advisory Board of the O'Connell, Mannion & Farchione. Inside Business recently named Cleveland-Marshall College of Law, CMLAA Honorary Trustee Daniel R. has become Of Counsel to the Talla­ 1974 McCarthy a "Leading Lawyer in hassee, Florida, firm Allen, Norton & The Cleveland Bar Association, the Northeast Ohio." Blue after merging his management Cuyahoga County Bar Association and employment law firm. Mr. Powers the Executive Committee of the Judi­ 1955 continues to serve as General Counsel cial Conference of the Eighth Judicial Xenophon Zapis was awarded the to the Florida Sheriffs Association. He District selected CMLAA Honorary 2003 Ellis Island Medal of Honor. was the recipient of the Distinguished Trustee Judge Michael]. Corrigan to Service Award given by the Florida Co- serve as chair of the Judicial Confer­ ence of the Eighth Judicial District.

46 Law Notes Alumni Happenings

Dennis E. Eckart is a partner with the The Ohio Academy of Trial Lawyers in­ Barbara K. Roman received a Presi­ Cleveland firm of Baker & Hostetler. ducted Stuart Garson into the Ohio dential Board Appointment to serve a Workers' Compensation Hall of Fame. one-year term as a Trustee of the Cuya­ Thomas Wood has been appointed hoga County Bar Association. Vice President Labor Relations for the Colette Gibbons has been named International Steel Group Inc. managing partner of the law firm of 1978 Schottenstein, Zox & Dunn. CMLAA Honorary Trustee Thomas L. Leonard D. Young, Colaluca has become a managing CMLAA honorary Michael]. Nath has been promoted to member with the law firm of Johnson, trustee and former director of Cedar Point's Games Divi­ Angelo & Colaluca. chair of the Cleveland­ sion. Marshall College of Fred M. DeGrandis is the president of Law Visiting Commit­ Thomas McCullough O'Brien has re­ the ALS Association, Northeast Ohio tee, was named a part­ turned to private practice in Bethany, Chapter. ner in the Cleveland firm of Ulmer & Connecticut, with a concentration in Berne. Mr. Young chairs the firm's Gen­ the areas of juvenile and criminal law Edward F. Feighan has been named eral Counsel Services Group and prac­ and civil litigation. Chairman and Chief Executive Officer tices in its business law group. of ProCentury Corporation, the parent Buckingham Doolittle & Burroughs at­ company of Century Insurance Group. 1975 torney Deborah Sesek was named in Michael M. Courtney is a member of the 2004 edition of "Ohio Super Janet L. Kronenberg is a member of the Trustees Class of 2006 of the Cuya­ Lawyers." the Trustees Class of 2006 of the Cuya­ hoga County Bar Association. hoga County Bar Association. Michael A. Sweeney was featured in Robert D. Weisman was elected Chair­ Northern Ohio Live magazine's selection Mary Ann Rini is a member of the man of the Board of Trustees of Pre­ of the area's top 300 attorneys. Trustees Class of 2006 of the Cuyahoga vent Blindness Ohio. County Bar Association. Hon. John D. Sutula is a member of B. Casey Yim, a member of the Na­ the Trustees Class of 2005 of the Cuya­ Buckingham Doolittle & Burroughs at­ tional Advisory Board of the Cleveland hoga County Bar Association. torney Ronald F. Wayne was named in Marshall College of Law, joined the Los the 2004 edition of "Ohio Super Angeles, California, law firm of Laurence A. Turbow was installed as Lawyers. " Murchison & Cumming as Of Counsel Second Vice President of the Cuya­ and a member of the firm's Profes­ hoga County Bar Association. 1979 sional Liability Practice Group. Mr. Clyde E. Bailey Sr., a patent attorney Yim's primary practice area is the de­ The U.S. Senate confirmed Greg at Eastman Kodak Company, was inau­ fense of attorneys, accountants, med­ White as the United States Attorney gurated President of the National Bar ical professionals and healthcare for Northern Ohio. Association at the organization's 78th providers. annual convention in New Orleans. 1977 1976 Carolyn M. Cappel has been elected Common Pleas Court Judge Chris Hon. Patricia Ann Blackmon was to the management committee of the Boyko helped conduct a successful pi­ honored by Dominion East Ohio in its law firm of Weston, Hurd, Fallon, Pais­ lot project that tested the recommen­ "Strong Men & Women" Educational ley & Howley. dations of a statewide task force of series. judges, attorneys and Ohio citizens de­ Carey N. Gordon serves as the US­ signed to improve the jury system in Sandy R. Cameron has become Of AID's Regional Contracting Officer for Ohio. Judge Boyko was one of 50 Counsel with the law firm of Conway, mainland Southeast Asia and China; judges across the state who volun­ Marken, Wyner, Kurant & Kern. he lives in Bangkok, Thailand. teered his courtroom as a laboratory to help test innovative techniques de­ Thomas S. Campanella has been ap­ Ellen S. Mandell is a member of the signed to make jury service more re­ pointed director of the Master of Busi­ Trustees Class of 2006 of the Cuya­ warding for citizens and to help jurors ness Administration Program in health hoga County Bar Association. better understand the evidence and care at Baldwin-Wallace College. law presented to them during trials.

Spring 2004 4 7 Alumni Happenings

David B. Gallup is a member of the P. Kelly Tompkins was elected the 1984 Trustees Class of 2005 of the Cuyahoga 2003 Vice President of the Clevelanp Yvonne C. Billingsley was sworn is as County Bar Association. Bar Association. Mr. Tompkins also a member of the Boa~d of Trustees of serves as chair of the Cleveland-Mar­ the Cleveland Bar Association. The National Board of Trial Advocacy shall College of Law's Visiting Com­ recently certified W. Andrew Hoff­ mittee. The Ohio State Bar Foundation re­ man III as a civil trial advocate. ceived the 2003 Award for Excellence Patricia A. Walker is president of in Public Service Programming from Martha H. Krebs was elected Trea­ Project: Learn of Medina County. the National Conference of Bar Foun­ surer of the Cuyahoga County Bar As­ dations. The key to the award-winning sociation. 1982 program was a storybook about the Karen L. Greco was named a partner justice system for elementary school Inside Business recently named Ken­ in the Cleveland firm of Kohrman children titled "Did Not! Did Too!" cre­ neth B. Liffman a "Leading Lawyer Jackson & Krantz. ated by volunteers of the Ohio State in Northeast Ohio." Bar Foundation, including Judge Paul Kevin Keogh joined the Cleveland Brickner. His work was also published Patricia W. Pribisko has become a firm of Buckley King as a partner in in the Southwestern principal in the corporate, securities, the corporate/business department. Journal of Trade and Law real estate and environmental practice in the Americas in Janu­ groups of the Cleveland firm of Kahn Diana M. Thimmig was installed as ary: "The Passenger Kleinman. First Vice President of the Cuyahoga Cases (1949): Justice County Bar Association for 2003. Ms. John McLean's 'Cher­ 1980 Thimmig was also named a partner in ished Policy' as the The Supreme Court of Ohio's Board of the business group of the Cleveland First of Three Phases of Commissioners on Grievances and Dis­ firm of Roetzel & Andress. American Immigration Law." Judge cipline elected CMLAA Treasurer Brickner was recently elected to the Richard C. Alkire as its chair for 2003. Merl H. Wayman has been certified by Ohio Court of Appeals, Eleventh Dis­ the Ohio State Bar Association as a spe­ trict. Hon. Patricia A. Hemann received cialist in labor and employment law. the 2003 Alumni Award for Civic Carol Rogers Hilliard was sworn is as Achievement from Cleveland State Stephen Williger joined the Cleve­ a member of the Board of Trustees of University. land office of Thompson Hine as a the Cleveland Bar Association. partner in the business litigation prac­ Hon. Diane J. Karpinski is a member tice group. Kerin Lyn Kaminski is a founding of the Trustees Class of 2005 of the member of Giffen & Kaminski in Cuyahoga County Bar Association. 1983 Cleveland. Blake Owen Brewer married Rita E. 1981 Brewer (nee Grabisna) on April 11, 1985 Ralph E. Jocke was named an "Excep­ 2003 in Key West, Florida. Goldie K. Alvis received the Rev. tional Contributor to the OSBA'' in the Richard E. Sering Award from the Inter­ March/April 2003 issue of Ohio Lawyer, Bernard A. Ostrowski has joined the national Partners in Mission. published by the Ohio State Bar Associ­ Lancaster firm of Plante & Moran as a ation. partner in the tax group; he will lead Russell D. Kornblut has joined the the central Ohio tax practice, which Cleveland law firm of Collins & Scan­ Dennis R. Lansdowne was elected focuses on serving middle-market and lon, where he will focus his practice in Vice President of the Cleveland Acad­ privately held businesses. the areas of business litigation and emy of Trial Attorneys for 2003. commercial transactions with an em­ Rick Schwartz is the law director and phasis on lender services, general busi­ Regina M. Massetti was elected a prosecutor for the city of Newton Falls. ness representation and workmen's Trustee-at-Large of the Ohio Women's compensation defense. Bar Association. Donna Taylor-Kolis was elected Trea­ surer of the Cleveland Academy of Randy D. Rinicella has joined St. Edward High School Alumni Associ­ Trial Attorneys for 2003. Buchanan Ingersoll as a shareholder in ation honored Hon. Timothy J. its corporate finance and technology McGinty as the 2003 Legal Eagles Man Mark Witt was inducted into the section. His arrival marks the firm's of the Year. Berea School District's Distinguished first presence in Ohio. Alumni Hall of Fame.

48 Law Notes Alumni Happenings

Missia H. Vaselaney has become a Patent and Trademark Office and the ties Health & Human Services in the principal in the tax, pension and estate US Embassy in Muscat, Oman, deliv­ Diocese of Cleveland. planning practice group of the Cleve­ ered intellectual property enforcement land firm of Kahn Kleinman, where training to government officials of six Karen L. Giffen is a founding member her practice will focus on estate plan­ Gulf Cooperation Council Countries: of Giffen & Kaminski in Cleveland. ning for business owners and individu­ Bahrain, Kuwait, Oman, Qatar, United als. Arab Emirates and Yemen. In February LuAnn A. Polito has become an asso­ he testified before the US House of ciate with the law firm of Gallagher, 1986 Representatives Subcommittee on the Sharp, Fulton & Norman. Seventh District Court of Appeals Courts, the Internet and Intellectual Judge Mary DeGenaro was honored Property regarding a proposed law to 1990 by the Jefferson County Republican impose enhanced criminal sentence if Patrick S. Corrigan was named a party with the Golden Tusk award, the a defendant, in the furtherance of a partner in the Cleveland firm of highest honor bestowed on an individ­ felony, knowingly provided false con­ Weston Hurd Fallon Paisley & Howley. ual who exemplifies through service, tact information to a domain name commitment and character the ideals registrar. Mary Elaine Hall is the author of "A of the Republican Party. Gleaner's Analysis of the Grutter Deci­ Timothy J. Webster was appointed a sion - Affirmative Action is Still the Lenore Kleinman is a member of the partner in the firm of Roetzel & An­ Law", published in the October 2003 Trustees Class of 2005 of the Cuyahoga dress; his practice is concentrated on Cleveland Bar Journal. County Bar Association. labor and employment. 1991 Charles G. Pona was selected as Presi­ 1988 Robert L. Brown and Terrell Mene­ dent of the National Association of Re­ Buckingham Doolittle & Burroughs at­ fee '99 have founded the Cleveland tail Collection Attorneys. Mr. Pona is a torney Robert A. Hager was named law firm of Brown Menefee, concen­ partner in the Cleveland firm of Weit­ in the 2004 edition of "Ohio Super trating on immigration law; the firm man, Weinberg & Reis. Lawyers". was profiled in an article in Crain's Cleveland Business. 1987 Robert W. Myers has become a part­ Brian M. O'Neill was sworn is as a ner with Thompson Hine in the firm's Sophia M. Deseran has become a member of the Board of Trustees of the Columbus office. partner with the law firm of Walter & Cleveland Bar Association; he is the Haverfield. chair of the business law group in the Lisa A. Reid has become of counsel Cleveland firm of Ulmer & Berne. with the law firm of Porter, Wright, Lauren Kinkopf joined the medical Morris & Arthur. defense group in the Cleveland office Buckingham Doolittle & Burroughs at­ of Roetzel & Andress. torney Erica M. Simon was named in Beth S. Rosenbaum has become an the 2004 edition of "Ohio Super associate with the law firm of Roth John P. Norton joined the Lawyers". Bierman. corporate/business division of the Cleveland firm of Seeley, Savidge & Timothy P. Trainer, President of the Christine M. Stouffer has been pro­ Ebert concentrating on commercial International AntiCounterfeiting Co­ moted to director of library services at law, employee benefits and compli­ alition, Inc., since 1999, testified before the Cleveland firm of Ulmer & Berne. ance issues. the U.S. House of Representatives Committee on International Relations 1989 Buckingham Doolittle & Burroughs at­ to address the issue of links between John Cipolla is an intellectual prop­ torney John P. Slagter was named in intellectual property crimes and terror­ erty partner in the Cleveland office of the 2004 edition of "Ohio Super ist organizations. Mr. Trainer was Calfee, Halter & Griswold. Lawyers." renominated as a co-chairman of the United Nations Economic Commis­ Brian P. Downey is a member of the Linda Stepan has become a partner in sion for Europe's Intellectual Property newly formed firm of Schwartz, Kush­ the Cleveland firm of Reminger & Advisory Croup, which concentrates ner & Rendon in Cleveland. Reminger, where she focuses her prac­ its intellectual property training and tice on workers' compensation litiga­ education programs in Central and Lisa Gasbarre is General Counsel to tion. Eastern Europe. In January, Mr. Trainer, the Secretariat for the Catholic Chari- working in cooperation with the US

Spring 2004 49 Alumni Happenings

Timothy L. Zix was named a partner 1994 Durin B. Rogers has in the Cleveland office of Taft, Stet­ Thomas A. Barni has been named a, been appointed Vice tinius & Hollister, where he practices partner in the Cleveland firm of Dinn, Presiqent, Legal Affairs workers' compensation, intentional Hochman & Potter. Mr. Barni is a liti­ and General Counsel tort, unemployment, and employ­ gator representing clients in commer­ for Cephire Technolo­ ment law. cial, business, construction, real estate gies, Inc., an Internet and general civil litigation matters. professional services 1992 firm specializing in end-to-end net­ CMLAA Trustee Meena Morey Chan­ Thomas A. Briggs has work services, Internet marketing ser­ dra and her husband, Cleveland Law been named a partner vices, e-commerce solutions and host­ Director Subodh, are the proud parents with the Cleveland ing services for small and medium size of triplets born in February, Chethan office of the interna­ businesses headquartered in Rochester, Muktha, Akaash Satya, and Karthnik tional law firm of Jones New York. Mr. Rogers and his wife, Dharma. Day, where his practice Paula A. Campbell '92, live in Batavia, focuses on technology New York, with their four children. Mia Lombardi has become director, transactions, including intellectual and liaison to programs for the Com­ property litigations. Patrick]. Tulley has earned the certi­ mercial Real Estate Women Inc. of fied specialist designation in the area Cleveland. Amy Burkhardt joined the workers' of estate planning from the Ohio State compensation group of the Cleveland Bar Association. 1993 firm of Wegman, Hessler & Vander­ Janice Aitken has burg. 1995 joined the insurance Steven A. Eisenberg has been named and appellate practice Ann M. Carseni is a partner with the a partner in the Cleveland office of group of the Cleve­ Cleveland firm of Porter, Wright, Mor­ Baker & Hostetler. land firm of Gallagher, ris & Arthur. Sharp, Fulton & Nor­ Amy Posner Brooks lives in Japan man. James A. Dimitrijevs has been with her husband, United States Air named chair of the intellectual prop­ Force Captain Joshua Brooks. Teresa M. Beasley has become direc­ erty group of McDonald Hopkins in tor and liaison to membership for the Cleveland. His practice is concentrated Joseph P. Szeman, an associate with Commercial Real Estate Women Inc. on trademark and copyright matters. the Painesville firm of Baker & Hack­ of Cleveland. enberg, was named the city of Men­ David Gunning II has joined the tor's zoning counsel and assistant law Kevin Blum is the owner and founder Cleveland office of the law firm of director. of Erie Title Agency, Inc. in Pepper Roetzel & Andress as Of Counsel. Pike, Ohio. 1996 Robert N. Lurie was named a partner of Susan K. French-Scaggs has estab­ Edward FitzGerald has become an as­ the creditors' law firm of]avitch, Block lished offices at Compass South Profes­ sociate at the Cleveland firm of Nuren­ & Rathbone in Cleveland. His practice sional Center in Brecksville, Ohio. berg, Plevin, Heller & McCarthy. is concentrated on commercial law, real estate law, creditor rights, litigation and Michael Laribee was the recipient of Meegan Lally Spicer and Scott Spicer landlord/tenant law. the Young Man of the Year award from are the proud parents of their first the Medina, Ohio, Jaycees. child, Maeve Catherine, born in May. Daniel R. Mordarski has been named a partner with the Columbus firm of Aaron J. Reber, an associate in the Oscar Romero, a member of the law Zeiger & Carpenter. Columbus office of Thompson Hine, school's National Advisory Commit­ has been appointed adjunct professor tee, has become Senior Counsel for Scott N. Opincar joined the Cleve­ for Capital University Law School's Tax Bridgestone/Firestone Retail & Com­ land firm of McDonald Hopkins as an L.L.M. program. mercial Operations in Bloomington, Il­ associate in the business restructuring linois. department. Paul F. Rusyn is a registered patent at­ torney with the Bellevue, Washington, firm of Graybeal]ackson Haley where his practice is focused on patent prose­ cution.

50 Law Notes Alumni Happenings

Thomas]. StefanikJr. joined the Jeffrey T. Kay is an associate with Amgad T. Husein has joined the St. Avon, Ohio, law firm of Wickens, the Solon firm of Mazanec, Raskin & Louis firm of Bryan Cave's interna­ Herzer, Panza, Cook & Batista as an as­ Ryder, where he focuses his practice tional practice group; he is based in sociate in the employment relation di­ on municipal law and professional the Riyadh, Saudi Arabia, office. vision. liability. Marlene Jennings has resigned from Martin]. Tremmel has become the Edward S. Lake has the Ohio School Board and will move Commissioner of the Union County, joined the medical to California, where her husband has Ohio, Board of Health. malpractice and prod­ accepted a job as a software manager. uct liability groups of Daniel C. Urban has joined the the Cleveland firm of Angela Privatera is an associate in the Cleveland firm of Wickens, Herzer, Gallagher, Sharp, Ful­ litigation group of the Cleveland firm Panza, Cook & Batista as an associate ton & Norman. of Wegman, Hessler & Vanderburg. in the business organization and tax and real estate department. CMLAA Trustee Stacey McKinley has Joe L. Tackett joined the bankruptcy become an associate in the business department of the Cleveland firm of Lawrence Wilkins is a partner in the law, real estate and nonprofit groups Weltman, Weinberg & Reis as an asso­ Dayton firm of Thorson, Switala, with the Cleveland firm of Ulmer & ciate. Wilkins and Snead. Berne. Heather L. Tonsing has joined the 1997 Jeffrey Platko joined Kadish, Hinkel Cleveland office of Taft, Stettinius & Timothy J. DeGeeter was appointed and Weibel in Cleveland, where his Hollister as an associate practicing gen­ to serve as the Ohio State Representa­ practice is focused on business, real es­ eral litigation. tive for the 15th House District to fill a tate, real estate taxes and corporate vacancy created by Dean DePiero '94, matters. 1999 who resigned to become the Mayor of Janeane Cappara has joined the the City of Parma. Theresa A. Richtammer has become Cleveland firm of McNeal, Schick, an associate with the Cleveland law Archibald & Biro as an associate prac­ Jeffrey E. Dubin was named a partner firm of Gallagher, Sharp, Fulton & ticing in the areas of civil litigation in the creditors' law firm of Javitch, Norman. and insurance coverage. Block & Rathbone where his practice is concentrated in the area of insurance CMLAA Trustee Kate Ryan joined the David E. Gray II joined the Cleveland subrogation. Cleveland firm of Ulmer & Berne's lia­ office of Calfee, Halter & Griswold as a bility defense group and concentrates staff attorney in the litigation group. Matthew "Fitz" Fitzpatrick is a DEA on defense litigation, civil litigation, He will concentrate on workers' com­ Special Agent in the Buffalo, New York, medical malpractice and negligence. pensation, employment litigation and Resident Office and was recently asbestos litigation. awarded the International Narcotic 1998 Enforcements Officers' Association Mark S. Bennett was sworn is as a Kristin K. Going joined the Washing­ Special Award of Honor. Mr. Fitzpatrick member of the Board of Trustees of the ton, D.C., office of Gardner Carton & and his wife, Laura (formerly Pergi), a Cleveland Bar Association. Douglas as a senior associate in the family nurse practitioner in private firm's bankruptcy practice. practice/research waiting for publica­ John]. Bums is an associate with tion of her third medical journal arti­ Singerman, Mills, Desberg & Kauntz. Bridey Matheney has joined the cle, recently celebrated their third wed­ Cleveland office of Taft, Stettinius & ding anniversary. Shawn A. Cormier has joined the law Hollister as an associate practicing gen­ firm of Davis & Young as an associate eral litigation. Leslye M. Huff was elected a Trustee­ in the Cleveland office. at-Large of the Ohio Women's Bar As­ Mark A. Miller of the Washington, sociation. Abby Gardner has become an associ­ D.C., office of Squire, Sanders & ate with the law firm of Gallagher, Dempsey and Colleen Hanrahan, Trial Gwendolyn A. Jones has joined the Sharp, Fulton & Norman. Attorney, United States Department of law firm of Porter, Wright, Morris & Justice in Washington, D.C., are Arthur in Cleveland as an associate. pleased to announce their engage­ ment.

Spring 2004 51 Alumni Happenings

Rebecca Maggiano and Gregory L. Mark O'Brien is an associate with Kristie M. Sosnowski has joined the Thompson '00 were married in June; Kohrman Jackson & Krantz in Cleve, Cleveland law firm of Collins & Scan­ they have started the Rocky River, land where he works with the tax, cor­ lon, where her practice is focused in Ohio, firm of Thompson & Thompson porate and finance, and real estate the areas of business litigation and focusing on business law, estate plan­ groups. commercial transactions with an em­ ning, small business formation and phasis on complex litigation and dis­ taxation. James P. Salamone has become an as­ pute resolution. sociate in the Cleveland office of Davis Danielle Skoczen joined the intellec­ &Young. Roklyn M. DePerro Turner is the tual property group of the Cleveland owner of a general practice law firm firm of Wegman, Hessler & Vander­ Wendy L. Woodford is an associate handling cases in all areas of domestic burg. practicing in the area of commercial and probate law, misdemeanor, crimi­ leasing with the Atlanta firm of Trout­ nal law, and civil litigation. 2000 man Sanders. Lynnette Al-Shidhani has become an Adam Van Ho has been appointed as­ associate in the employment and labor Kristine R. Zenkewicz was named an sistant prosecuting attorney with the group of the Cleveland firm of Ulmer associate at the Cleveland law firm of Montgomery County, Ohio Prosecu­ & Berne. Kelley & Ferraro. tor's Office; he is assigned to the Juve­ nile Division. Jason R. Bristol, an associate of Gary, 2001 Naegle and Theado, was named Michael Heller is the Deputy Prose­ 2002 alumni of the year by the Cleveland­ cuting Attorney for the County of M. John Burgess has become an asso­ Marshall College of Law Moot Court. Maui in Hawaii. ciate in the business department of the Mr. Bristol is an adjunct faculty mem­ Cleveland firm of McDonald Hopkins ber at the law school and a faculty ad­ Erin Hess joined the where he will focus on tax matters and viser for the moot court team. Cleveland office of assisting clients in the implementation Reminger & Reminger of business plans. Todd Broski is an associate with the as an associate practic­ Cleveland firm of Chernett Wasser­ ing in health care and Carol Gottschling is an attorney with man Yarger & Pasternak. medical malpractice the Huron County Child Support En­ defense. forcement. Maura S. Curran has joined the Stu­ art, Florida, law firm of Kramer, Sewell, John Kress has opened his own office Thomas Evan Green has joined the Sopko & Levenstein as an associate. as The Kress Law Firm, LLC in St. Cleveland law firm of Kastner, West­ Louis, Missouri. man & Wilkins as an associate. Sara DeCaro has joined the Cleveland law firm of Buckley King as an associ­ Jeffrey R. Lang has joined the law David A. Head has joined the Cleve­ ate in the litigation department. firm of Weston Hurd Fallon Paisley & land firm of Weitman, Weinberg & Howley as an associate. Reis as an associate. Anthony De La Vina is an Assistant Public Defender in Laredo, Texas. Cathy Prusinski is an associate with Kristi L. Hilbish is an associate in the the Cleveland firm of Yormick & Asso­ Youngstown office of Davis & Young. Lori Ann Luka received a Presidential ciates where her practice is concen­ Board Appointment to serve a one­ trated on business immigration and Kyde Bloor Kelly opened her own year term as a Trustee of the Cuyahoga general business matters. practice in East Liverpool, Ohio. County Bar Association. Kimberly L. Rathbone is an associate Andrea Limberty is an associate with James Marniella has partnered with in the creditors' law firm ofJavitch, the Cleveland firm of Weston Hurd John Demer and Douglas Weiner to Block & Rathbone in Cleveland where Fallon Paisley & Howley. form the law firm of Demer, Weiner & her area of concentration is insurance Marniella. subrogation. Matthew B. Murphy has become an associate with the law firm of Conway, Marie Novak is an associate with the Claudia Breed Rose joined the Cleve­ Marken, Wyner, Kurant & Kern. Cleveland firm of Rademaker, Matty, land office of Ulmer & Berne. McClelland & Greve.

52 Law Notes Alumni Happenings

Megan Fraser Roberts joined the Christopher W. Peer Ann C. Ziegler joined Cleveland office of Ulmer & Berne as joined the Cleveland the Cleveland firm of an associate in the real estate and busi­ firm of Hahn Loeser + Hahn Loeser + Parks as ness law groups. Parks as an associate fo ­ an associate practicing cusing on creditors' in the business area. Melissa Toddy is practicing with The rights, reorganization Employment Law Group, a Wood­ and bankruptcy. bridge, Connecticut, plaintiffs'employ­ ment litigation firm. Matthew S. Romano is an associate OBITUARIES with the Cleveland firm of Tucker Ellis F. Emerson Logee '47 2003 &West. Ernest B. Stevenson '49 Stacy Berliner is an associate in the Robert J. Bambrick Sr. 'S 1 litigation group of Calfee, Halter & Jason Rothman joined the Avon, Charles M. Unkovic 'S2 Joseph W. Bartunek 'SS Griswold in Cleveland. Ohio, law firm of Wickens, Herzer, Edwin]. Ketchel 'SS Panza, Cook & Batista as an associate William L. Blake 'S6 Brian Block joined the Cleveland in the business organizations and tax Kermit K. Neely 'S6 firm of Javitch, Block & Rathbone and real estate department. GiacominoJ. Imbrogno 'S8 where his practice is concentrated in Phillip A. Lawrence 'S9 Gerald M. Ozan '60 the area of collections. Donald}. Smith concentrates his Anthony J. Garofoli '61 practice on real estate, business trans­ James H. Stethem '67 Amy L. DeLuca has joined the Cleve­ actions, civil litigation, zoning, plan­ Richard Brezic '70 land office of Porter, Wright, Morris & ning and land use in the Indianapolis, Anthony J. Celebrezzejr. '73 David Layva '76 Arthur as an associate. Indiana, law firm of Stark Doninger & James]. Bartolozzi '82 Smith. Gary H. Doberstyn '88 Manju Gupta joined the Cleveland Alice Friedman Lissauer '91 firm of Javitch, Block & Rathbone and Brian Stano is an associate in the Robert J. Steele Jr. '92 will practice in a variety of areas. Cleveland firm of Roetzel & Andress. Robert Straus Jeraldine Ann Sheaffer Richard D. Heberling Henny L. Halim is an associate at the Joe Tackett joined the Cleveland firm Paul Willberg law firm of Yormick & Associates in of Weitman, Weinberg & Reis as an as­ Cleveland. sociate in the bankruptcy department of the Brooklyn Heights operations Christine M. LaSalvia joined the center. Cleveland firm of Friedman, Domiano & Smith as an associate. Clare Taft is an associate with the DID YOU KNOW? Cleveland office of Benesch, Friedlan­ Danielle M. McGill is an associate der, Coplan & Aronoff in the firm's with the Cleveland firm of Ritzier, general practice group. At Cleveland-Marshall College of Coughlin & Swansinger. Law We Raise Deans Julie A. Vaccarelli is a research attor­ Kristy Mullen joined ney in the Cleveland office of Weit­ Professors Frederic White and Jack the professional liabil­ man, Weinberg & Reis. Guttenberg have been teaching at ity and general litiga­ Cleveland-Marshall College of Law for a tion practice groups in John A. Yirga has become an associ­ total of more than 50 years. Fred came the Cleveland law firm ate with the Cleveland law firm of in 1978 and Jack in 1980. Fred was an of Gallagher, Sharp, Hahn Loeser + Parks where he will fo­ Associate Dean from 1995 until 2000 Fulton & Norman. cus his practice in the litigation, intel­ and Jack has been an Associate Dean lectual property and construction law since 1997. Both are now leaving the Olabisi Onisile is an associate in the areas. law school to become deans of other Washington, D.C., office of Porter law schools. Fred wi ll be Dean of Wright Morris & Arthur, where her Golden Gate University School of Law practice is concentrated on white-col­ in San Francisco, and Jack will be Dean lar crimes, including health care fraud of Capital University Law School in Co­ and insider trading. lumbus. We congratulate them both.

Spring 2004 53 KNOW?

FOil A GOOD 8QDK LL FOR GOOD ea 216 887 .2250 cl 697·2250

These laculty members Becker's '83 is the author of DISCOVERY OF EMPLOYEES forthcoming this summer from the published and edited ABA Litigation Section.

Authors and editors missing from the photo­ books in the past three graph include Professor Beverly Blair '85, author of OHIO STATUTORY CHARGES (West Group years* 2003, 2004) and Volume 4 of KATZ GIANNELLI CRIMINAL LAW OF OHIO PRACTICE SERIES (West Group, 2003, 2004; supplement forthcoming); L to R: Professor Joan Flynn published LABOR Professor Dena S. Davis, author of GENETIC LAW: CASES, MATERIALS, AND PROBLEMS (Aspen, 5th DILEMAS: REPRODUCTIVE TECHNOLOGY, PARENTAL Ed., 2003) with Michael C. Harper and Samuel CHOICES AND CHILDREN'S FUTURES (Routledge, Estreicher. Professor David Barnhizer edited 2001); Professor Deborah Geier, author with THE BLUES OF A REVOLUTION: THE DAMAGING Joseph M. Dodge and J. Clifton Fleming, Jr., of IMPACTS OF SHRIMP FARMING (ISA Net, 2003) with I. FEDERAL INCOME TAX: DOCTRINE, STRUCTURE, & de la Torres; he also edited and contributed to POLI CY (LexisNexis, 3rd Ed., 2004) (with two books on the preservation of human rights: Teacher's Manual); Professor Alan Miles Ruben, EFFECTIVE STRATEGIES FOR PROTECTING HUMAN Editor-in-Chief of How ARBITRATION WORKS RIGHTS: ECONOMIC SANCTIONS, USE OF NATIONAL (Bureau of National Affairs, 6th Ed., 2003); COURTS and INTERNATIONAL FORA AND COERCIVE Dean Steven H. Steinglass and Gino Scarselli POWER and EFFECTIVE STRATEG IES FOR PROTECTING '97, authors of the forthcoming THE Omo STATE HUMAN RIGHTS: PREVENTION AND INTERVENTION, CONSTITUTION: A REFERENCE GUIDE (The TRADE AND EDUCATION (both Ashgate Publishing, Greenwood Publishing Group) and Professor 2001). Professor James G. Wilson published THE Frederic White, author of OHIO LANDLORD IMPERIAL REPUB LI C: A STRUCTURAL HISTORY OF TENANT LAW (West Group 2002, 2003 ed.). AMERICAN CONSTITUTIONALISM FROM THE COLONIAL ERA TO THE BEGINING OF THE TWENTIETH CENTURY *The phone number on the shirts is the (Ashgate Publishing, 2002). Professor Susan J . Cleveland-Marshall law library's main number!

54 Law Notes Faculty & Staff Happenings

by Rosa DelVecchio, Ph.D. visitors share their scholarly works-in­ University of Missouri - Kansas City progress with one another. Presenta­ School of Law Professor Barbara Having served for the past year as the tions included Cleveland-Marshall Pro­ Glesner-Fines on "The Impact of Ex­ law school's Associate Dean for Faculty fessor Alan Ruben, David Forte and pectations of Teaching and Leaming in Development and Research, Linda L. Dena Davis speaking about their Ful­ Law School"; Cleveland-Marshall Pro­ Ammons will succeed jack A. Gut­ bright experiences; Cleveland-Marshall fessor Adam Thurschwell on "The tenberg as Associate Dean for Admin­ Professor Candice Hoke on "Femi­ Most Important Constitutional Case istration. Also a world-class photogra­ nism and Federalism"; Cleveland-Mar­ You Never Heard Of: An Apprendi v. pher, Dean Ammons had her work on shall Professor Arthur Landever on New Jersey Primer"; Cleveland-Marshall display at CSU's 2nd Cleveland Juried "Does Counterfactual History Have Professor Kathleen Engel on "Securiti­ Biennial Exhibition at the CSU Art Any Lessons for Law Teachers and zation and Predatory Lending: Wall Gallery. She has also exhibited her Lawyers? Does It Have Any Value for Street-Part of Problem or Solution"; photographs in juried shows in Toledo You, in Particular, in Your Area of Re­ University of Michigan Professor of and Houston, and her photos are in­ search or Teaching"; Cleveland-Mar­ Law Daniel Halberstam on "The Euro­ cluded in the newly released book: shall Stephen R. Lazarus on "A pean Union." BLACK: A CELEBRATION OF A CULTURE, Heated Debate: Are Classroom Quizzes edited by MacArthur Fellow D. Willis. Pedagogically Useful? Are they Even David Barnhizer gave a seminar on She presented "Religion and Domestic Pedagogically Legitimate?"; University "Perception and Sight in Legal Strat­ Violence" at the New Jersey Coalition of London Birkbeck College School of egy: Applying the Strategic Principles for Battered Women and also "Legal Law Anniversary Professor Peter Fitz­ of Musashi and Sun Tzu" as part of a and Ethical Responsibilities for Clergy" patrick on "Gods would be needed: summer series of Legal Skills Research at the Pacific Union Ministerial Con­ American Empire and the Rule of Seminars at the Institute of Advanced ference in Ontario. She gave the Law"; Cleveland-Marshall Professor Legal Studies in London. keynote address, "Intimate Partner Vi­ Christopher L. Sagers on "Two olence and the Bi-Cultural Reality for Symptoms of the Hidden Evolution in Susan}. Becker '83 was appointed by African-American Women," at the Theory of Regulation: The Movers Supreme Court of Ohio Chief Justice PROGRESS: STOPPING VIOLENCE AGAINST Decisions, the Federal Obsession with Thomas J. Moyer to the Supreme Court WOMEN CONFERENCE, sponsored by New Private Standards, and a Generalized Rules Advisory Committee for a four­ Jersey's Office of the Attorney General, Theory of Decentralized Policymak­ year term. The Advisory Committee is Division of Criminal Justice, and pub­ ing"; Rabbi Dr. Noam Zahar, a senior a 19-member standing committee lished "Why Do You Do the Things lecturer in the Department of Philoso­ charged with suggesting and reviewing You Do? Clemency for Battered Incar­ phy at Shalom Hartman Institute in proposed changes to Ohio's Rules of cerated Women, A Decade's Review " Jerusalem on "Liberty and Equality in Civil Procedure, Criminal Procedure, in AMERICAN UNIVERSITY JOU RNAL OF GEN­ the Jewish Political Tradition"; Cleve­ Appellate Procedure, Juvenile Proce­ DER, SOCIAL POLICY AND THE LAW. Two of land-Marshall Professor Heidi dure, Evidence and Court of Claims. In Dean Ammons's articles were Gorovitz Robertson on "How Many addition, Professor Becker will also be reprinted: "Dealing with the Nastiness: Times Do I Have to Tell You?!: EPA's working on the Civil Rules Subcom­ Mixing Feminism and Criminal Law in Ongoing Struggle With Data from mittee. Professor Becker published two the Review of Cases of Battered Incar­ Third-Party Pesticide Toxicity Studies articles: "Tumbling Towers as Turning cerated Women-A Tenth-Year Reflec­ Using Human Subjects." Points: Will 9/11 Usher in a New Era of tion" in SECTION 6: PROGRESS AND CHAL­ Civil Rights for Gay Men and Lesbians LENGES: DOMESTIC VIOLENCE LAWYERING "First Monday" Luncheon Speakers in in the U.S.?" in 9 WILLIAM & MARY JOUR­ TODAY OF CASES AND MATERIALS ON SOCIAL the spring included Martha Chamallas, NAL OF WOMEN AND THE LAW 207 (2003), J USTICE: PROFESSIONALS, COMMUNITIES, AND the Robert J. Lynn Professor of Law at and "Discovery of Information and LAW by M. R. Mahoney, J. 0 . Calmore The Ohio State University Michael E. Materials Retained by Litigants' Former & S. M. Wildman (Thomson West); Moritz College of Law; CWRU Profes­ Employees: Synergy and Synthesis of and "Mules, Madonnas, Babies, Bath­ sor Robert Strassfeld on "How the Procedural Rules, Ethical Standards water, Racial Imagery and Stereotypes" Cleveland Bar Became Segregated"; Privilege Doctrines, and Common Law in CRITICAL RACE FEMINISM, A READER, Ohio Supreme Court Justice Maureen Principles" in 81 NEBRASKA LAW REVIEW edited by A. K. Wing. O'Connor '80 on 11 A View From the 101 (2000). Professor Becker was ap­ Bench"; Benjamin N. Cardoza School pointed to the rank of full professor of Among Dean Ammons's innovations of Law Professor Barton Beebe on "The law. was a series of "First Monday" Lun­ Semiotic Analysis of Trademark Law"; cheons, a forum in which faculty and

Spring 2004 55 Faculty & Staff Happenings

ship in American Law Institute. A com­ Phyllis L. Crocker accepted a visiting mentator on "EEOC Pattern or Practice Brian A. Glassman published an arti­ professor appointment at Northeastern Litigation in Sexual Harassment Cases" cle on teaching legal writing entitled "I University School of Law in Boston, at the 56TH ANNUAL NEW YORK UNIVER­ Didn't Take the Road Less Traveled, her law alma mater, in Spring of 2004. SITY CONFERENCE ON LABOR, Professor and What a Long, Strange Trip It's Flynn also spoke on this topic at a sem­ Been" in the MLS JOURNAL OF LEGAL ED­ Dena S. Davis published an op-ed, inar sponsored by Duvin, Cahn & Hut­ UCATION. "Why Academic Boycotts Are Wrong," ton. in the CHRONICLES OF HI GHER EDUCATION. Candice Hoke presented "Feminism Professor Davis co-authored with M. B. David F. Forte published "Chapter 33: and Federalism" at 11 TH ANNUAL CON­ Bowekaty "Cultural Issues in Genetic The Making of the Modern Supreme FERENCE OF PENNSYLVANIA AND DELAWARE Research with American Indian and Court: Oliver Wendell Holmes, Jr., and VALLEY FEMINIST WOMEN LAW TEACHERS Alaskan Native People" in IRB: ETHICS Louis D. Brandeis" in the HISTORY OF held at Duquesne University School of & HUMAN RESEARCH 12 Gune-August AMERICAN POLITICAL THOUGHT by Bryan­ Law. Professor Hoke's current research 2003). In February, Professor Davis par­ Paul Frost & Jeffrey Sikkenga, eds. He focuses on federal preemption of state ticipated in a panel on "Community spoke on the "Feagler" program on lo­ law. She is working on a federal pre­ Benefit of Genetic Research" in Cairo, cal public TV regarding "Rebuilding emption treatise and an article on pre­ Egypt. Post-War Iraq"; before The Heritage emption by federal administrative reg­ Foundation Board of Directors regard­ ulation. Michael H. Davis published "Some ing "America and Islam" and on BBC Realism about Indigenism" in 11 CAR­ regarding Osama bin Laden and Sad­ Lolita Buckner Inniss was promoted DOZO JOURNAL OF INTERNATIONAL AND dam Hussein. He delivered several pa­ to the rank of Associate Professor with COMPARATIVE LAW 815 (2003). pers and addresses, including "Adul­ tenure. Professor Inniss was one of 35 tery in Islamic Law" at the MLS people (including government minis­ Kathleen C. Engel co-authored with Annual Meeting in Atlanta, Georgia; ters, diplomats, state governors and P. McCoy "Revisiting A Tale of Three "The Bill of Rights and the Anti-Feder­ legislators from the U.S., members of Markets: The Law and Economics of alists" at the Bill of Rights Institute in the U.S. Senate and House of Represen­ Predatory Lending," published in Lorain, Ohio; "A Celebration of Mar­ tatives, members of English Parlia­ TEXAS LAW REVIEW. She also published bury v. Madison" at Hillsdale College in ment, leaders in education and private Can Employers Put Genetic Informa­ Michigan; and "Islamic Law and De­ sector, and scholars) invited to attend tion to Good Use?" in the JOURNAL OF mocracy" at the Boston College Feder­ the Oxford Round Table in Oxford, LAW AND HEALTH. Professor Engel pre­ alist Society in Massachusetts; "Islamic England. The session Professor Inniss sented "Predatory Lending Litigation Law and the Prospects for Democracy" participated in was devoted to human Risk and Secondary Market Protec­ at the St. Louis University Federalist So­ and civil rights with particular refer­ tions" at THE UPDATE ON FAIR HOUSING ciety. Professor Forte published "The ence to women's rights and issues of AND PREDETORY LENDING LAWS CONFER­ True Story of Marbury v. Madison," IN gender equity. Results of the delibera­ ENCE at]ohn Marshall Law School; "As­ CLAREMOUNT REVIEW OF BOOKS; and tions were published and made avail­ signee Liability for Predatory Lending" "Faith and Ideology" in ST. MARK'S RE­ able to policymakers and academic li­ at the SYM POSIUM: MARKET FAILURES AND VIEW (Australia). In the spring, Profes­ braries around the world. PREDATORY LENDING in Chicago; "Imped­ sor Forte spoke on Islamic Law and the ing Integration: Limitations on Specific Prospects for Democracy to three law W. Dennis Keating published Com­ Performance under the Fair Housing schools: Oklahoma City University ment on Chester Hartman and David Act" at the 8TH ANNUAL LATCRIT CONFER­ School of Law, Washington and Lee Robinson's "Evictions: The Hidden

ENCE 1 organized by Professor Tayyab University School of Law, and St. Louis Housing Problem" in HOUSING POLICY Mahmud in Cleveland, Ohio. University School of Law. DEBATE, a publication of the Fannie Mae Foundation. Professor Keating is Patricia J. Falk was recipient of the Deborah A. Geier published "Incre­ on the Board of Trustees of Heights 2003-04 Cleveland State University mental Versus Fundamental Tax Re­ Community Congress. Look for his Distinguished Faculty Public Service form and the Top One Percent" in the book review "Hope VI" forthcoming in Award. symposium issue of 56 SOUTHERN the BOSTON, NEW ENGLAND QUARTERLY METHODIST UNIVERSITY LAW REVIEW 99 Joan Flynn was elected to member- (2003). Arthur Landever participated in a WCPN panel discussion on the US "' ~-----

56 Law Notes Faculty & Staff Happenings

Supreme Court ruling in the two Uni­ First Monday Program presented by (Duke University Press). versity of Michigan cases challenging the law school's Student Public Interest affirmative action, Grutter v. Bollinger Law Organization. Barbara Tyler '89 published "Active and Gratz v. Bollinger. Learning Benefits All Learning Styles: Kunal M. Parker accepted a Visiting 10 Easy Ways to Improve Your Teach­ Tayyab Mahmud was on sabbatical Fellow appointment at Cornell Law ing Today' in PERSPECTIVES, a West pub­ in 2003-04 and accepted a visiting po­ School. His article "Thinking Inside lication. sition at Seattle University. Look for the Box: A Historian Among the An­ two chapters by Professor Mahmud: thropologists: A Review of Sally Engle Stephen J. Werber received the Mas­ "Colonial Migrations and Post-Colo­ Merry, COLONIZING HAWAII: THE CUL­ ters of Judaic Studies from the Laura nial Identities in South Asia" forth­ TURAL POWER OF LAW" forthcoming in and Alvin Siegal College of Judaic coming in CARTOGRAPHIES OF NATIONS LAW AND SOCIETY REVIEW . Studies. The last requirement was to AND IDENTITIES (R. Menon, ed., Rout­ pass a written test in Hebrew Profi­ ledge), and "Fractured Histories, Con­ Rita Pawlik was recipient of the 2003- ciency-Professor Werber's first test in tingent Identities: South Asian Mus­ 04 Cleveland State University Distin­ over 30 years! Having distinguished lims in the United States," guished Public Service Award by an ad­ himself, he then taught an adult edu­ forthcoming in MUSLIM IDENTITIES IN ministrator. cation course on Judaic Law at Temple NORTH AMERICA (K. Leonard, ed., Univ. Emanu-El. of California Press). Heidi Gorovitz Robertson published "How Many Times Do I Have to Tell Frederic White published "Going to Louise Mooney, Law Notes editor, You?!: EPA's Ongoing Struggle With the Dogs: Tenant Injury and Landlord wrote the "Consent of the Governed" Data from Third-Party Pesticide Toxic­ Liability" in NORTHEAST OHIO APARTMENT portion of DEMOCRACY ... A WORK IN ity Studies Using Human Subjects" in SUITES MAGAZINE 10 (Spring 2003) and PROGRESS, a study guide for AmeriCorps 28 WILLIAM & MARY ENVIRONMENTAL LAW "Ohio Landlord Tenant Law-A Look volunteers; in October she participated & POLICY REVIEW 25 (2004). Professor Ahead" in NORTHEAST OHIO APARTMENT in a workshop with AmeriCorps facili­ Robertson was interviewed by Matt ASSOCIATION SUITES MAGAZINE 8 (Summer tators using the guide. She was elected Solomon of KFBK in Sacramento and 2003). Professor White also conducted to the contract negotiations team for Michael O'Mara of Channel 3 in a Landlord Tenant Law Seminar enti­ SEIU 1199, the union representing the Cleveland regarding property issues tled "Ask the Expert" at the NOAA University's professional staff mem­ surrounding a MegaMillion lottery 22nd Multi-Family Trade Show in bers, and to the Executive Committee ticket that appeared to be lost and was Cleveland. of the Ohio Humanities Council. In subsequently claimed by two women. April she wrote the program notes for James G. Wilson presented "A Brief Nobel-prize winning Irish poet Seamus Michael J. Slinger was appointed History of America's Republican Em­ Heaney who read his poetry at the Chair of the American Association of pire" to the historic Rowfant Club in Ohio Theater in a fundraiser benefit­ Law Libraries Research Committee for February. ing the Cuyahoga County Public Li­ 2004-05 and was elected Vice **** brary Foundation. Chair/Chair Elect of the Academic Law And Don't Forget Our Students!!! Libraries Special Interest Section of the Kevin F. O'Neill presented "First AALL. Dean Slinger also accepted an Barbara Tyler, Director of the Legal Amendment Issues in Public Funding appointment on the Board of Advisors Writing and Research Department at of the Arts" at a conference on MERG­ of the Suffolk University Law School the law school, points out that a num­ ING AN ARTISTIC AND CIVIC VISION: LAW, Bi-Monthly REVIEW OF LAW BOOKS, the ber of our alumni published articles in THE ARTS, AND URBAN PLANNING, spon­ oldest and largest publication devoted academic journals when they were still sored jointly by CSU Colleges of Law to reviews of law books. law students. The list following is hers. and Urban Affairs. Professor O'Neill also presented "The First and Fourth Adam Thurschwell published Frank Scialdone '02, "Sexual Orien­ Amendment Rights of Students" in "Specters of Nietzsche: Potential Fu­ tation-Based Workplace Discrimina­ Columbus at an Ohio State Bar Associ­ tures for the Concept of the Political in tion: Carving a Public Policy Exception ation seminar on school law and spoke Agamben and Derrida" in 24 CARDOZO to Ohio's At-Will Employment Doc­ on "Constitutionality of the McCain­ LAW REVIEW 1193 (2003), and his arti­ trine," in 111 LAW & SEXUALITY 193 Feingold Campaign Finance Reform cle, Agamben's Critique of Derrida, is (2002). Law" with Christine Link, Executive forthcoming in Andrew Norris, ed., Director of the ACLU of Ohio, at the POLITICS, METAPHYSICS, AND DEATH: ESSAYS David]. Sipusic '01, "Instant Repay: ON GIORGIO AGAMBEN'S HOMO SACER

Spring 2004 57 Faculty & Staff Happenings

Upon further Review, the National Football League's Misguided Approach to the Signing Bonus Should be Over­ turned," 8 SPORTS LAW JOURNAL. 207 (2002) KNOWY

Mary E. White '02, Nurses and Hos­ pitals Battling: Hospitals Protect Prof­ its; Nurses Advocate for Quality Pa­ tient Care While Turning to Unions as A Solution, 27.0HIO NORTHERN UNIVER­ SITY LAW REVIEW. 285 (2001). About our splendid Moot Court Teams?

Jeffrey A. Crossman '01, "Mark McGuire Does it, So Why Can't I? High School Student Use of Dietary Supplements and the Failure of DSHEA," 29 CAPITAL UNIVERSITY LAW RE­ VIEW 617 (2000).

Brian John Halliday '00 "In Order to Hire the Best Person for the Job We Have to do What?" 11 University of FLORIDA JOURNAL OF LAW & PUBLIC POLICY 33 (1999).

Apryl A. Ference Seide '00, "Rushing to Judgment on Fen-Phen and Redu: Were the FDA, Drug Manufacturers, and Doctors Too Quick to Respond to American's Infatuation with a Cure-All Amy Scheurman, Terry Billups and Nora Graham Diet Pill for Weight Loss?" in 9 ALBANY LAW JOURNAL OF SCIENCE & TECHNOLOGY 78 (1998). Early in April three second-year Moot Court Team stu­ dents Terry Billups, Nora Graham, and Amy Scheur­ man received the award for second best brief in the country in Chicago at the American Bar Association Moot Court Competition. Legal writing professor Debo­ rah]. Klein '78 was the field commander for the ABA team. The second-place brief finish for the ABA team is one of the highest finishes ever at this competition that starts out with approximately 200 teams.

The success of the ABA team ends a remarkable moot court season in which Cleveland-Marshall won one or more top awards-either the best brief, best oralist, or best overall team-in each competition entered. Con­ gratulations to Moot Court Team Advisor, Legal Writing

Professor Karin Mika '901 and to these faculty members who helped coach Moot Court contenders throughout the year: Professors Stephen Gard, Deborah J. Klein Stephen Lazarus, Christopher Sagers and Adjunct Pro­ fessor Jason Bristol '00.

58 Law Notes Good Bye to Old Friends

In the 2003-2004 school year, the law school and the state Iost three memorable pub Iic servants. and a Life Member of the Cleveland­ + nthony J. Celebrezze Jr., Marshall Law Alumni Association. To died on July 4, 2003; An­ both organizations, he brought his Clevelanders had known the Bar­ thony J. Garofoli died on considerable expertise and political tunek name long before Joseph W. A September 30, 2003, and insight. Bartunek III distinguished himself in 11 days later Mr. Garofoli's one-time 1948 by becoming the youngest state law partner, Joseph W. Bartunek III, + senator in Ohio history. His father, died on October 10. All had deep Otto J. Bartunek roots in Cleveland's ethnic communi­ According to the Plain Dealer, An­ '16, and his uncle, ties, all were savvy politicians, all thony Garofoli's influence was felt in Emil Bartunek had were dedicated to the welfare of the virtually every major development in both served in the city and region, and all graduated Cleveland government for the past 40 Ohio General Assem­ from Cleveland-Marshall: Mr. Garo- years. Though he had run unsuccess­ bly. In the 1970s foli in 1961, Mr. Cele­ fully for Cleveland Mayor himself, his Joseph Bartunek was brezze in 1971, and was the counsel every Mayor of a powerful figure in Judge Bartunek in 1955. Cleveland, including the present Joseph W. local politics, serving Only the Judge lived Mayor, sought. He was a former Bartunek Ill on the Cuyahoga out his allotted three­ Cleveland City Council President, co­ County Democratic Central and Ex­ score year and ten. Mr. chairma n of the ecutive Committees, the Ohio Demo­ Celebrezze was 61 when Cuyahoga County cratic Party and the Cuyahoga he died unexpectedly of Democratic Party and County Board of Elections; later h e Anthony J. h k M G Celebrezze Jr. a eart attac ; r. aro- a member of the served as Director of the Cleveland foli was 66 and Judge Cuyahoga County Port Au thority and law director of Bartunek was 79. Board of Elections. In Solon, Ohio. In 1986 the Judges of the Former Ohio State Senator, Ohio 1980 he joined the US District Court appointed him Secretary of State and Ohio Attorney Cleveland firm that is Magistrate Judge for the Northern General, Mr. Celebrezze Jr., was the Anthony J. now Climaco, District of Ohio. He retired in 1997. son of Anthony J. Celebrezze Sr., for­ Garofoli Lefkowitz, Peca, He is perhaps best remembered, how­ mer Mayor of Cleveland and Secre­ Wilcox & Garofoli, ever, as a driving force in the creation tary of Health Education and Welfare where he served as Special Counsel to of Cleveland State University, a mem­ during the Kennedy administration. the Mayor of the City of Cleveland ber of the first CSU Board of Trustees At the time of his death Mr. Cele­ and lawyer for the Cleveland-Cuya­ and its eventual Ch air. At the law brezze Jr., was practicing law in the hoga Port Authority, the Gateway school we remember him fondly as a Columbus firm of Kegler Brown Hill Economic Development Board and primary negotiator of the 1969 and Ritter, where he focused on regu­ many other state and city entities and merger of his law alma mater with the latory law. He was a life-long fan of officials. He served as President of the new University. And the hundreds of car racing and part of a Legends rac­ Cleveland-Marshall Law Alumni As­ guests and students attending the law ing crew. He died unexpectedly of a sociation in 1977 and as a member school's public events are reminded heart attack while preparing to partic­ and Chair of the Cleveland State of the part he played in building our ipate in a race in De Graff, Ohio. Mr. Board of Trustees from 19 7 7 through University every time they enter the Celebrezze was a member of the law 1986. Joseph W. Bartunek III Moot Court school's National Advisory Council Room of the law school. LFM

Spring 2004 59 ADozen Reasons Why You Should Join

Membership Benefits 7. Reduced Rates in CSU's Gym Dandy, a Recreation 1. $10 discount on each CMLAA-CLE Seminar- $140 Program including Gym, Indoor track, Volleyball , Value Tennis, and Handball Courts

2. 50 % Initiation Fee Reduction at the Cleveland Ath letic 8. Priority Ticketing for Vikings Athletic Events held in Club , Cleveland 's Premier Downtown Business, Social , the CSU Convocation Center and Athletic Club 9. Law Alumn i Association Membership Card making 3. Subscription to Law Notes, the Cleveland-Marshall you eligible for all benefits Law Alumni Association Magazine 1 o. Professional Contacts in th e Legal Community 4. Use of the Law Library 11. Satisfaction of Supporting Educational Programs and 5. Window Decal with the new CMLAA Logo the CMLAA

6. 10% discount at the CSU Barnes and Noble Bookstore 12. Many Social Events, including Annual Recog niti on (except on textbooks and discounted merchandise) Lun cheo n, Bar Results Parties and Much More ••••••••••••••••••••••••••••••••••••••••••••••• ANNUAL DUES JULY 1, 2004 - JUNE 30, 2005 LIFE MEMBERSHIP DUES FUND A STUDENT General Membership D $175. SCHOLARSHIP PROGRAM Sustaining Membership D $125. One time payment D $1200. (In cludes Law Review subscription) 5 year payment plan D $ 300. per year 2000-2002 Graduate $150. D 1O year payment plan D $ 180. per year 2003 Graduate D FREE .

LIFE MEMBERSHIP DUES Law Review D $25. (Fo r dues paying members) Law Alumni Life Membership Benefits Include: Journal of Law & Health D $25. • Personalized desk clock (Fo r dues paying members) • Subscription to Law Review • Personalized brass name plate displayed in College of Law Atrium • Special mention in Law Notes

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ALUMNI OFFICERS AND TRUSTEES

Officers Mr. David Ross '76 Hon. Ann T. Mannen '80 Pres ident Ms. Kate E. Ryan '97 Hon. John M. Manos '50 Michael W. O'Neil '94 Mr. Joseph M. Saponaro '99 Mr. William D. Mason '86 Mr. Gregory S. Scott '96 Mr. Gary Maxwell '88 Pres ident-Elect Mr. Brendan J. Sheehan '93 Mr. Daniel R. McCarthy '54 Henry W. Chamberlain '90 Ms. Michelle Joseph Sheehan '93 Mr. J. Timothy McCormack '72 Mr. Stanley E. Stein '62 Hon. Timothy J. McGinty '81 Vice President Ms. Melody J. Stewart '88 Hon. Ann McManamon '50 Vi ncent T. Lombardo '81 Mr. James R. Tanner, Jr. '91 Mr. Howard D. Mishkind '80 Mr. James E. Tavens '86 Mr. William T. Monroe '53 Secretary Ms. Karen B. Newborn '76 We ndy Wei ss '97 Honorary Trustees Hon. Donald C. Nugent '74 Hon. Ronald B. Adrine '73 Mr. Michael O'Grady '79 Treas urer Hon. Janet E. Burney '79 Mr. Herbert Palkovitz '68 Richa rd C. Alkire '80 Hon. Anthony 0. Calabrese Jr. '61 Hon. John T. Patton '58 Mr. Michael L. Climaco '72 Hon. Ralph J. Perk '83 Immediate Past President Mr. Thomas L. Colaluca '78 Mr. Leon M. Plevin '57 Richa rd J. Ambrose '87 Hon. C. Ellen Connally '70 Hon. Thomas J. Pokorny '80 Hon. Michael J. Corrigan '74 Mr. Dale D. Powers '60 Trustees Hon. John E. Corrigan '68 Ms. Maria E. Quinn '79 Mr. Gary S. Adams '83 Hon. Timothy G. Cotner '68 Mr. Richard T. Reminger '57 Mr. Ke mper D. Arnold '80 Hon. John J. Donnelly '69 Mr. Timothy J. Russert '76 Mr. Kevin Butler '01 Hon. Ann Marie K. Dyke '68 Hon. Anthony J. Russo '77 Mr. Michael P. Cassidy '83 Mr. Jose C. Feliciano '75 Hon. Nancy Margaret Russo '82 Ms. Meena Morey Chandra '92 Mr. Scott C. Finerman '87 Mr. Thomas J. Scanlon '63 Mr. Gregory F. Clifford '80 Hon. Nancy A. Fuerst '88 Mr. Scott A. Spero '89 Mr. Thomas L. Feher '87 Hon. John W. Gallagher '70 Mr. Carl L. Stern '66 Ms. Lisa Gold-Scott '94 Ms . Jayne Geneva '87 Hon. Louis Stokes '53 Mr. Michael P. Harvey '87 Ms. Susan L. Gragel '80 Hon. Kathleen A. Sutula '76 Mr. Tom A. King '90 Hon. Maureen Adler Gravens '78 Ms. Emily M. Sweeney '81 Ms. Lori White Laisure '89 Mr. Terrance P. Gravens ' 77 Mr. Donald P. Traci '55 Mr. Jo hn H. Lawson '76 Mr. Donald L. Guarnieri '60 Hon. Hans R. Veit '60 Ms. Stacey L. McKinley '97 Hon. Leodis Harris '63 Mr. Gerald R. Walton '80 Mr. Thoma s R. O'Donnell '96 Hon. Patricia A. Hemann '80 Ms. Tina Ellen Wecksler '85 Ms. Jil l S. Patterson '98 Ms. Deborah Lewis Hiller '75 Hon. George W. White '55 Ms . Benita Y. Pearson '95 Hon. Edwin T. Hofstetter '52 Mr. Frederick N. Widen '81 Mr. Bryan Penvose '01 Mr. Joseph B. Jerome '75 Ms. Laura A. Williams '82 Mr. Willia m T. Plesec '71 Ms. Sheryl King Benford '79 Mr. Leonard D. Young '74 Mr. La urence J. Powers '87 Mr. Richard S. Koblentz '75 Mr. Robert I. Zashin '68 Mr. Royce R. Remington '88 Mr. Dennis R. Lansdowne '81 Cleveland-Marshall Law Alumni Association Nonprofit Organization c/o Cleveland State University U.S. Postage 2121 Euclid Avenue LB121 PAID Cleveland, Ohio 44115 Permit No. 500 Cleveland, Ohio