Fall 2006 Advocate.Revised

Fall 2006 TheADVOCATE Lewis & Clark Law School

Inside: Rising Costs of Legal Education A Commitment to Public Service A Legacy of Scholarship Contents

Board of Visitors Mark Tratos ’79 Features 2006-07 Isao Tom Tsuruta ’89 Professor Thomas Ambrose ’75 Adele Waller ’85 Meeting the Rising Costs of Legal Larry Amburgey ’75 Dennis Whittlesey Education ...... 3 Professor Stephen Dow Beckham Steven Wildish ’85 A Legacy of Scholarship ...... 7 Bowen Blair Jr. ’80 Michael Williams Brian Booth Lawrence Wilson ’75 Bryan Scott ’91: A Commitment Monte Bricker Russell Winner to Public Service ...... 15 Thomas Brown ’80 Hon. Alex Bryner Alumni Board of Directors Why Jessup Moot Court Matters . . 17 David Case 2006-07 The Commerce Clause Keith Coe ’85 Shareefah Adbdullah ’96 in Gonzales V. Raich ...... 18 Jonathan Cole ’76 Janet Noelle Billups ’79 Bruce Crocker ’76 Thomas Bittner ’89 Tom Miller ’01: Riding Jeff Curtis ’86 William Brunner ’53 at the Law ...... 22 John DesCamp Jr. ’74 Adam Cornell ’01 Stephen Doherty ’84 Raymond Crutchley ’99 Contributions Report ...... insert Barnes Ellis Gilion Dumas ’92 David Ernst ’85 Adina Flynn ’96 Lawyers With Families Maintain M. Carr Ferguson Hon. Dennis Hubel ’76 a Delicate Balance...... 25 Paul Fortino Craig Jacobson ’95 Hon. Julie Frantz ’75 Hon. Edward Jones ’75 Departments Edwin Harnden John Kodachi ’92, Vice President Steven Hopp ’75 Krista Koehl ’99 Law School News ...... 26 James Hubler ’72 Donna Maddux ’02 Faculty and Staff News ...... 40 Judith Johansen ’83 Richard Maizels ’66 Class Notes ...... 45 Elizabeth Johnson ’77 Doreen Margolin ’81, President Jack Kennedy ’51 Connie McKelvey ’83 In Memoriam ...... 48 Jeffrey Lewis ’89 Kathryn Root ’84 Interim Dean Lydia Loren Heather Self ’01 Volume 26, Number 1, Fall 2006 Henry Lorenzen ’76 Steven Shropshire ’94 The Advocate Doreen Margolin ’81 Michelle Slater ’95 Charles Markley ’75 Robin Springer ’99 Lewis & Clark Law School Alan Merkle ’82 Tracy Sullivan ’00 10015 S.W. Terwilliger Blvd. Matthew Murray ’75 Nancy Tauman ’78 Portland, Oregon 97219-7799 Pamela Rossano Myers ’74 Dana Taylor ’77 Phone 503-768-6600 Hon. Diarmuid O’Scannlain Trinh Tran ’03 The Advocate is published for alumni, Hon. Owen Panner faculty, staff, and friends of Lewis & Clark Philip Pillsbury Jr. ’76 Law School. Letters and articles are wel- Hon. Robert Redding comed; submissions are subject to editing. James Richardson ’76 President: Thomas J. Hochstettler Thomas Sand ’77 Interim Dean: Lydia Loren Jordan Schnitzer ’76 Writing: Elizabeth A. Davis ’93 Thomas Sherwin ’74 Editing: Joseph Becker, Janna Clark J. Mack Shively ’79 Design: Reynolds Wulf Inc., Hank Skade ’77 Robert Reynolds, Letha Wulf Jeffrey Teitel ’73 Michelle Travis On the cover: Bryan Scott ’91

s you begin to read this issue, a new class of providing a top quality legal education in check, we have law students has arrived here at Lewis & faced the competitive reality of modern legal education Clark. They have been through orienta- shaped, unfortunately, by U.S. News & World Report and Ation and have heard about what lies ahead for the next three other rankings. In this issue you will find an exploration of or four years. They have picked up their books and their first some of the contributing factors in the rising cost of legal assignments, and they have embarked upon the law school education and the various ways in which Lewis & Clark experience. They have completed their first few weeks of has sought to make law school affordable for its students classes and learned the fundamentals: how to read and brief a and graduates. case, how to find time to complete all of the required reading, The high cost of legal education is not only a concern and how not to panic when the professor calls on them! to those of us entrenched in providing that education, But we hope they have started to learn something else. but also to alumni and friends, many of whom have chosen They are learning about commitment to a life in the law. to manifest a commitment to Lewis & Clark by providing Most of these new students have caught only their first funding for scholarships. In this issue we highlight some of glimpses of what this life in the law is like, but they certainly the scholarship programs available at the Law School. Some will have experienced a high level of engagement by their are targeted at those interested in particular areas of law, professors and their fellow students. They have had their first some aimed at a particular type of legal practice, and others taste of that commitment. tailored to those whose circumstances make the high cost of We manifest commitment in different ways. Our alumni pursuing legal education difficult. Not only is each recipient embark on various careers with their degrees. Many remained of these scholarships thankful for the financial assistance, committed to that life in the law that began in earnest with but we at the Law School deeply appreciate the donors who the first day of law school. Others have sought different pur- make law school more affordable for our aspiring attorneys. suits, but they are informed by a principle of commitment Despite the many scholarships offered through Lewis & deepened by law school experiences. When I agreed to serve Clark, we need to be able to provide even more assistance. as interim dean for this academic year, I contemplated my Our students graduate with an average law school debt of own commitment: what it means to have committed to a $79,769. If you might be interested in setting up a scholar- life in the law and the path I have chosen to pursue in edu- ship fund or in contributing to an already established one, cating others about the law. As I contemplated a shift to I urge you to contact our development staff. administration, I considered the nature of the commitment It is an honor to serve as the interim dean of an insti- that every law school should make to every new student who tution that manifests a deep commitment to its students. enters. That commitment must include, at its core, provid- I hope you find this issue eye-opening and informative. I ing a top quality legal education. Easy enough to espouse, believe we have remained true to our roots by providing but what does that really mean? It means that each of those a top quality educational experience while confronting the employed by and assisting the Law School understand the reality of modern legal education. That reality has signifi- components of a top quality educational experience and the cantly increased the cost of legal education. In my 10-year integral role that they each play in fulfilling our obligation affiliation with this institution I have seen us seek to adapt to each and every student. The commitment includes never in a responsible and effective way. The financial commit- being satisfied with the status quo and always striving for ment of many alumni and friends of the school has helped quality, efficiency, and integration. to make that possible. On behalf of all of us affiliated with To fulfill this commitment inevitably means finding the Lewis & Clark, I offer my heartfelt thanks to our donors. financial resources to provide the learning experiences that I encourage all alumni to keep their law school experiences make our graduates some the most effective lawyers in the fresh in mind when considering a commitment to help nation. This year, the annual price tag on that experience is new students begin theirs. $27,670 for our day students and $20,752 for our evening students. Consider what you paid for your legal education. Our current annual tuition is many times over what many of our earlier graduates paid for their entire law school Lydia Loren education. Yet, while we have strived to keep the costs of Interim Dean and Professor of Law

1 2 Meeting the Rising Costs of Legal Education by Shannon Davis, Assistant Dean of Admissions and Martha Spence, Associate Dean of Academic Affairs

Shannon Flowers ’07 is in the middle of her summer clerkship working on Average Law School Tuition juvenile dependency cases for the Family Law Division of the Oregon Law School Type 1994-95 2004-05 % increase Department of Justice. It is the kind Public (in-state resident) $5,530 $13,145 104% of job that will provide her with the Public (out-of-state resident) $11,683 $22,987 97% experience needed to practice family Private $16,798 $28,900 72% and juvenile law. The only obstacle to Lewis & Clark Law School $15,675* $26,348* 68% attaining her goal, besides graduating *full-time division and passing the bar exam, is the large amount of debt she will face upon graduation. “Due to law school debt, I don’t feel as though going into public interest large part because of skyrocketing is an option until later down the road,” tuition rates at schools around the Why is tuition rising? says Flowers. “The sooner the debt is country.” It is no secret that the cost What factors have contributed to paid down, the sooner I can devote my of legal education has increased drasti- the increase in tuition over the last career to what I love and what brought cally over the years, and it is true that several years? While there is little in me to law school in the first place.” law schools are charging on average the way of statistical data to explain While she says she tries not to think 5 to 10 percent more in tuition each why tuition has climbed so much, sev- about it too much, she expects to be year. Statistics gathered by the ABA eral reasons are given in various articles roughly $90,000 in debt when she show that tuition for law schools has on the subject. For both public and pri- graduates in the spring. more than doubled over the past 10 vate schools, some of the major reasons While Flowers is faced with a debt years for in-state residents at public cited include adding programs and load greater than the average, her law schools, and other institution services, keeping up with advances in predicament is not uncommon. Some types are not far behind. technology, expansion and mainte- students end up taking out loans that Two questions seem obvious. What nance of facilities, and inflation. look more like mortgages. According has caused the increase in tuition? At public schools, tuition has to a study citing U.S. Census Bureau And, have starting salaries for attorneys increased more dramatically than at figures, the increase in lifetime earnings kept pace with the cost of going to law private schools because many state of someone with a professional degree school? When one looks at new grads governments have cut back spending is very likely to be anywhere from working in the private sector, the aver- on education. This has forced several $400,000 to more than a $1,000,000. age starting salaries for new attorneys public schools to pass the costs previ- Even though such an increase will more do seem to be keeping up relative to ously subsidized by the state on to than make up for the cost of the educa- tuition. The National Association for the students. As a result, state school tion, reconciling immediate debt pay- Law Placement reports that the average tuition figures are now closer to those ments with immediate income levels starting salary for 1996 Lewis & Clark of private schools. The 10 schools with is the issue for new graduates. Law School graduates working in the the greatest percentage increases in The American Bar Association private sector was $38,172. In 2005, tuition over the past decade are all reports that the average law school debt the same group was starting out at an public institutions (National Jurist, for students graduating from private law average of $70,615, an increase of 85 January 2005). Five of these schools are schools in 2005 was $78,563. The aver- percent. In the public interest area, in the University of California system, age debt for Lewis & Clark 2005 gradu- however, salaries have not increased which, after a few years of a tuition ates was $79,769. Students graduating at the same rate. In 1996, the average freeze, was forced to increase tuition from public law schools in 2005 had an salary for Lewis & Clark Law School because of state budget cuts. At many average debt $51,056. These figures do graduates in public interest jobs was public schools, students attending from not include additional debt that many $33,866. In 2005, that figure was out-of-state are paying tuition that is students bear from undergraduate stud- $40,862, a mere 21-percent increase. equal to, or within $1,000 to $2,000 ies, credit cards, and other loans. The figure for attorneys starting out a year of, many private law schools. According to an article in the Janu- in public interest jobs has not keep up At public and private law schools ary 2005 edition of the National Jurist, with the rate of inflation over the past there has been an increase in the num- “Every year, law students find them- 10 years, let alone with the increase ber of services and programs available selves deeper and deeper in debt, in in law student debt load.

3 to students that were not part of the enrollment went back to its previous What is Lewis & Clark doing law school experience even 10 years level in the 1990s. During that same ago. Past Lewis & Clark Law School time, the school increased its facilities to combat student debt? Dean James Huffman states that “law by more than 40,000 square feet and While law schools work hard to satisfy school today is an entirely different with that its costs for heating, cooling, student educational and professional experience than it was in the 1970s and maintenance; the total number development needs, they are also work- and ’80s. Today, law schools offer so of full-time faculty increased from 27 ing to develop ways to alleviate the much more for students.” This includes to 47; the number of law reviews went financial burden placed on students. legal clinics, smaller classes, a larger from one to three; and the school cre- Such efforts come in the form of keep- number of expert faculty teaching in ated computer labs for students and ing tuition increases as low as possible, specialized areas, extensive legal writ- hired a computing staff to assist stu- offering scholarships, seeking funding ing programs, law reviews and journals, dents, staff, and faculty with technology for additional scholarships, granting moot courts, improved career services, needs. There are many more examples public interest stipends, offering loan greater outreach efforts to prospective of expenses that have directly improved repayment assistance programs (LRAPs) students and alumni, and bigger and the education of our students. However, for students who go into public interest better facilities than students had back keeping overall enrollment steady work, and offering a flexible curriculum then. “All of that costs money,” says while expanding programs inevitably that allows students to work while Huffman, “but it provides students with leads to tuition increases that outpace they’re in school. a richer overall academic experience.” inflation. The addition of various curricular, On that note, inflation is certainly Tuition cocurricular, and practical experiences a factor not to be dismissed. Using the Lewis & Clark Law School’s tuition for students can certainly be seen at law Consumer Price Index, we find that has increased, but not to the same schools across the nation. Nowadays tuition needed to increase by 25.5 per- degree as the 16 law schools we com- students have multiple options for gain- cent in the last 10 years just to keep pete with most for students. Of the ing legal skills, and they are able to pace with inflation. Nevertheless, infla- schools with whom Lewis & Clark explore specialized areas of the law in tion accounts for only about one-third has the most overlap in applications, greater depth. The interest among law of the increase seen at private schools. the average tuition increase over the students in gaining a specialty in a cer- Finally, tuition “discounting” in past five years (2001-06) was 41.6%. tain area of the law has also grown over the form of granting scholarships that (Nonresident tuition figures were the years, and with it comes the need are paid for out of operating revenue is used for public schools.) During this for schools to hire faculty who have a factor for most schools. Done in order time period, Lewis & Clark’s tuition certain expertise, to create clinics or to recruit students, schools that dis- increased 23.8%. This is the lowest of law reviews focusing on these interest count tuition too heavily may actually the 16 schools, the highest of which areas, and to expand career services be fueling significant tuition increases. had a 73.3% increase. efforts catering to the various branches While Lewis & Clark does apply tuition of the legal field. discounting, we have kept the impact Scholarships In essence, if one were to compare to a minimum and have an exception- Lewis & Clark Law School also awards law schools to businesses, the situation ally low tuition-discount “rate” com- numerous scholarships each year. The would be explained like this: we are pared with other schools. The benefit majority of scholarship funds are awarded improving our product in a manner of offering scholarships in this form is at the time of admission to incoming that means it costs more to produce, that it allows the school to recruit qual- students. In the fall 2005 entering class, but our customer base is not growing ity students based on statistical indica- 103 students received Lewis & Clark (i.e., law schools are not increasing the tors and diversity of many kinds. scholarships, with an average award of number of students to any considerable Driven by student desire for more approximately $10,000. First-year-stu- degree), and thus the price of the prod- program options and a higher level of dent scholarships are awarded primarily uct has gone up. At Lewis & Clark related services, coupled with a desire on the basis of merit and are renewable there were 749 registered students on by most schools to keep enrollments as long as the student maintains a grade the first day of school in 1981. On the steady, the price of law school has gone point average that keeps her in the top first day of school in 2006, there were up. It is quite clear, however, that the half of the class. Many of these scholar- 751 registered students. During the law school educational experience ships are partially funded by endowment mid-1980s the Law School saw a dip today is a very different “product” income generated by donor gifts. in total enrollment, but the overall from that of the 1980s.

4 Scholarships for upper-division was at least a contributing factor in my Spencer-Scheurich, Zilbert did a great students are typically available by decision to be a legal writing teaching deal of research on schools with active application. Jason Davis, a third-year assistant, to run for managing editor of public interest student organizations evening student, was tenacious in his Environmental Law, and to be a research and with loan repayment assistance pursuit of scholarship opportunities. assistant. Every little bit helps!” programs. “Lewis & Clark was the per- After receiving an e-mail notice sent fect place for me,” says Zilbert. “The to the student body, Davis applied for Loan Repayment Assistance choice of classes in areas that were and received a $10,000 Paul H. Casey The Law School, at the instigation of intensely of interest and of great value Scholarship given to students interest- students involved in PILP, now has the to me in my work were really a plus.” ed in business law. “Reduced debt will Loan Repayment Assistance Program. She adds, “Having the option of an allow me to focus less on the amount Funded by contributions from alumni LRAP absolutely was a deciding factor of money a job will pay after gradua- and friends, an annual contribution in my attending Lewis & Clark.” tion and to focus more on the right job from PILP, and by a faculty commitment Once graduated, Zilbert and for me in the best environment,” says to earmark the earnings from $500,000 Spencer-Scheurich applied for and Davis. A number of other scholarships in a “quasi-endowment” fund for LRAP were selected as recipients of Lewis are available to upper-division stu- loans, the program helps students who & Clark Law School’s LRAP awards. dents on the basis of various criteria. take public interest jobs during the Zilbert worked for a nonprofit in Descriptions are provided in the schol- first three years out of law school. Louisiana before becoming a research arship article beginning on page 7. Corinna Spencer-Scheurich ’04 was assistant for Louisiana State Third teaching low-income Spanish-speaking Circuit Court of Appeals Chief Judge PILP Stipends children in a public school in Austin, U. Gene Thibodeaux. Her view about Every year the student organization Texas, before entering law school. She taking out loans is pragmatic: “They Public Interest Law Project raises funds attended law school so that she could are there to help people like me get to distribute as stipends. These stipends, be an even better advocate for the dis- the extra education they need.” up to $4,000 each, are awarded to stu- advantaged. “I have always believed “My monthly loan payment is dents who wish to work in the public that a law degree can be used to tackle almost completely paid by LRAP,” interest sector over the summer. A the injustices people face because of says Spencer-Scheurich, who is currently student who receives a PILP stipend is race, disability, gender, or socioeco- an attorney for the South Texas Civil able to gain valuable work experience nomic class,” says Spencer-Scheurich. Rights Project. “I have been awarded for which she or he might not other- “I had a sense from the beginning that loan forgiveness for two years, and I wise have been paid, and the nonprofit these were the issues I wanted to work have one more year that I can receive and nongovernmental organizations are on, and that the best way to do that assistance. . . . Without LRAP it would provided with assistance that they might was through a nonprofit job and a be very difficult to live off my current not otherwise be able to afford. Rather legal education.” salary and pay my monthly loan. When than work for free, or turn down the Coming to law school without I am no longer eligible for LRAP, I will opportunity in favor of working in the much savings, and undergraduate loans look for assistance from the Texas State higher-paying private sector, students still left to pay, Spencer-Scheurich was Bar or other sources. I am determined don’t have to sacrifice the opportunity concerned about her debt load but did to make sure the debt will not be a to work in the public interest area. not want it to determine the type of barrier to my pursuit of a career that This year PILP raised approximately law she would practice. Deciding on I enjoy.” $90,000, the most money ever. Their which law school to attend boiled Equal Justice Works is an organiza- largest fund-raiser, the PILP auction, is down to public interest offerings and tion that is aggressively encouraging held in February and is one of the biggest the potential for financial assistance. more law schools to develop LRAPs. law school auctions in the nation. “I chose Lewis & Clark because I On their website, they state, “Loan Shannon Flowers is one of 18 stu- believed that with the Public Interest repayment assistance programs are per- dents who received a PILP stipend Law Project and Loan Repayment haps the most important means to last summer, and it enabled her to Assistance Program, it would have a address educational debt burdens faced work for Legal Aid Services of Oregon strong public interest focus,” she says. by law graduates wanting to do public in downtown Portland. In addition to “I was not disappointed.” interest work.” Equal Justice Works her stipend, Flowers applied for and Beth Zilbert ’03 worked for Green- believes that employer-based LRAPs received a Gantenbein Scholarship peace and then as a local community will have an even greater effect on and the Andrea Swanner Redding organizer in southwest Louisiana before the ability of lawyers to pursue non- Scholarship, and pursued other oppor- eventually deciding that having a law profit work. tunities to help with finances. “Money degree would benefit her work with the communities she wanted to serve. Like

5 Public Interest Loan Repayment Assistance Program

“I believe that the legal profession The right choice The Loan Repayment Assistance Program in general understands more and more eases the debt burden on graduates who the pressures that educational debt can Finances are still of some concern for choose to work in public interest jobs have on a nonprofit attorney, and I students Davis and Flowers and alumni despite low starting salaries. Lewis & Clark hope to see more and more opportuni- Zilbert and Spencer-Scheurich, but all Law School recognizes that such a choice ties for students to be able to take say they are pleased with their decision of professional activity is often impossible for advantage of LRAP and other pro- to go to law school and their choice to those who must service a large educational attend Lewis & Clark. grams,” says Spencer-Scheurich. For debt. By lessening the debt burden for these “I’m really glad that I didn’t let cost her, those opportunities included work- graduates in the years immediately following factor too heavily into my decision of ing for Legal Aid Services of Oregon graduation, the LRAP program makes public where to attend,” Flowers states. “You on a work-study grant, obtaining a interest law work a viable option for more get what you pay for, and I love where PILP stipend to work for her current young lawyers. I am. Lewis & Clark has been a great employer, the Texas Civil Rights At the same time, the Law School sees experience for me and, despite the the need to encourage public interest work Project, and receiving the Andrea looming debt, I have always been on the part of the legal profession. The LRAP Swanner Redding Scholarship. Zilbert happy with my decision to come here.” supports public interest legal services in a also received a PILP stipend, the She is also optimistic about the future. number of ways: graduates working in public Steven Manas Scholarship, and the “I feel I’ve done well, or at least the interest jobs will be able to make ends meet; Andrea Swanner Redding Scholarship absolute best I can, in law school, and while in school. hopefully this will pay off for me finan- public interest employers will be able to hire cially once I finish.” more attorneys within their current budgets Flexible Curriculum Davis feels that the flexibility and will enjoy higher employee retention Lewis & Clark Law School’s evening offered by the evening program was rates; graduates will have greater flexibility program, one of only two in the Pacific the key to his going to law school. in establishing public interest law projects; Northwest, continues to be a helpful “I truly appreciate that Lewis & Clark graduates from disadvantaged communities option for students who wish to earn offers an evening program which has will be able to give something back to those money while attending law school. allowed me to work, and therefore communities; and more public-spirited stu- The opportunity to pay for living limit my debt burden, while obtaining dents and citizens will be encouraged to expenses out of current income and a great legal education.” become lawyers. take out smaller federal or private loans They also are not without their The creation of Lewis & Clark’s LRAP draws many to Lewis & Clark. advice to prospective lawyers. “I would was a collaborative effort between students, Jason Davis applied to Lewis & maintain a good credit rating,” warns faculty, deans, and the development staff. Clark specifically because he could go Flowers. “I came into law school with The first LRAP awards were granted in 2000, to law school in the evening and keep less than stellar credit—it’s better and since that time 31 graduates have been his job in the compliance department now!—which just makes the loans that awarded a total of $132,909. To be eligible at Oregon Health & Science Univer- much more expensive in the long run.” for LRAP funds, graduates must work for sity. “I wanted and needed to continue Spencer-Scheurich says, “I hear a qualified public interest organization and to work in Portland during law school. often from opposing counsel that they must have an adjusted income that does not Lewis & Clark was the only school that wish they could afford to do the work exceed $32,000 a year. They can receive provided this option. Lewis & Clark’s that I am doing. I think some people funds for up to three years after graduation. evening division provided the unique sacrifice doing a job they will love This past spring the faculty of Lewis & opportunity to pursue law school and because they don’t think that they will Clark Law School voted to create a $500,000 limit the financial impact,” he says. be able to pay their loans. But, I would quasi-endowment fund for the LRAP. This challenge people interested in doing a bold and generous move has greatly enhanced nonprofit job to really investigate the the viability of the LRAP. A public interest law potential of getting LRAP or other coordinator, who will take part in the fund- loan support. Sacrificing job satisfac- raising and administering of the LRAP, has tion is sometimes not worth the also recently been hired. The dedicated funds money.” Zilbert agrees, “Don’t let pay- and staff put the LRAP in a strong position ing off your loans make you choose to to grow over the coming years. The long- work in a path that belies your values term goal of the Law School is to increase and goals. Things tend to work out just the salary cap and period of eligibility for fine, even on public interest salaries. the LRAP. I’m off to Honduras next week to go scuba diving and snorkeling. I live in For more information on the LRAP, visit a nice house with a big yard. . . . I have law.lclark.edu/dept/lawalum/lrap.html or con- a very, very nice quality of life, in no small part due to the fact that I love tact Maya Crawford at [email protected] or what I do.” 503-768-6890. 6 A Legacy of Scholarship

Scholarship awards are made possible by the generous giving of law school alumni, faculty, and friends. Every scholarship tells a story and evokes a memory that emphasizes the special role the law school experience had in the lives of our donors. None of us can predict what or who will impact our lives: the stories behind each of the scholarships profiled here are personal, dramatic, and heartfelt. By providing financial assistance to those in need, scholarships allow Lewis & Clark Law School to actively compete for the best and brightest students. This past year, over 300 students received scholarship support. The average debt for graduating students is $79,769. Every scholarship donation award for this endowed scholarship is Bob Hirshon, Tonkon Torp chief executive makes a difference and every donation approximately $6,500 each year. The officer; Blerina Kotori ’08, scholarship recipi- is profoundly appreciated. lastest recipient of this award was ent; Lydia Loren, interim dean; and Michael —Barbara Zappas, Assistant Dean for Olivia Willis ’05. Morgan, Tonkon Torp chair of the managing Development and External Relations board. Tonkon Torp Scholarship Fund Jane Wiener Scholarship Fund The Tonkon Torp Scholarship pro- The Tonkon Torp scholarship was vides financial support of approximately Why is the Jane Wiener Scholarship established in 1987 by Portland’s $7,000 to a deserving student. This Fund significant? The answer comes Tonkon Torp law firm in memory of endowed scholarship is awarded to any easily to me. Jane, my daughter, then Moe Tonkon, a founder of the firm. student in any class at the sole discre- age 18 and a freshman at the University Moe was born in Russia in 1905 and tion of the dean of the Law School. of Oregon, was injured in an automo- moved with his family to Portland in The 2006-07 scholarship recipient is bile accident. It left her a quadriplegic 1906. He was educated in Portland Blerina Kotori ’07. for life. Her mother and I despaired for Public Schools, attended Reed College, her future. After a year’s convalescence, and graduated from Northwestern Steven Manas Memorial she began a new life as a student at School of Law in 1928. Moe became Scholarship Portland State University. With no a prominent citizen in Portland and When we lost our beloved son Steven other future available, we persuaded received numerous awards for his civic in a tragic kayaking accident in Alaska her to attend the day division at Lewis and professional activities, including more than 20 years ago, we couldn’t & Clark Law School. She found a niche Northwestern School of Law’s Distin- even begin to cope with our grief. and graduated in 1974. She became an guished Graduate Award and the What a loss: his boundless energy, his assistant district attorney for Multnom- Aubrey R. Watzek Award from Lewis idealism, and the bright promise of his ah County. She married. She had a & Clark College. He remained active potential, all gone. When it was sug- child. She became a role model for oth- in the Portland community until his gested we begin a memorial at the Law ers with disabilities, proving that you death in 1984. School in his name, we were very can accomplish much with what life We at Tonkon Torp established enthusiastic. What we didn’t anticipate, deals you. When she died in 1994, her this scholarship in an effort to follow however, were the warm and wonderful mother and I decided her role model Moe Tonkon’s example of service to feelings we would get when reading the status should not be forgotten, so that the community and our profession. letters of application each year. In is why today there is a Jane Wiener We expect each of our 66 lawyers every student’s self-description we Scholarship Fund dedicated to helping (8 of whom are Law School graduates) found a little characteristic of our son, students with a disability become lawyers to carry on the tradition of providing a memory, a reminder. It’s been most and, ultimately, good citizens. superior legal services and supporting gratifying to be able to assist young —Norm Wiener community and bar activities. We want people much like Steven, hoping to to maintain our ties with the school preserve our precious environment and The Jane Wiener Scholarship Fund and students who will be the lawyers willing to work so hard in order to real- was established in 1985 to recognize of the future. ize that goal. We thank you for that Jane Wiener ’74. The scholarship is —Ken Stephens intended to provide support to law opportunity. students with physical disabilities. The —Roy and Ginger Manas 7 “Law school has opened many doors for me, and it will allow me to make a greater impact on the world. The major obstacle…is financial. Your scholarship will help me remain faithful to the work I came to law school to do.”

The Steven Manas Scholarship was The Louis Schnitzer Scholarship was of fellowship and mutual support that established in 1986 in memory of established in 1993 to provide support Manche, Helen, Jean, and the other Steven Manas, who died during his for students in the evening program of early members had instilled was—and is third year of law school. The award for the Law School. The award for this still—alive in the culture of the organi- this endowed scholarship is approxi- endowed scholarship is approximately zation, and I have benefited from that mately $3,000 each year. The scholar- $7,000 each year. The 2005-06 Louis in countless ways in my career. We in ship is intended for students who have Schnitzer Scholarship recipient is Queen’s Bench and in Oregon Women demonstrated a commitment to envi- Virginia Trent ’06. Lawyers (which grew out of Queen’s ronmental protection and the prudent Bench and other such groups in Ore- management of natural resources. Manche Langley Scholarship gon) owe a great debt of gratitude to Recipients also need to demonstrate our founders. In helping to repay that The Langley Scholarship was conceived a true, selfless concern for the welfare debt by contributing to this scholarship, as a memorial to Manche Langley in and success of fellow students. we have an opportunity, also, to con- 1963 by Queen’s Bench, the association The 2006 Manas Award recipients nect to both our predecessor and future of women attorneys she had helped to are Jamie Saul ’07 and Ellen Trescott ’07. generations in the law by keeping found in 1948. At age 79, Langley was Manche’s memory alive and by helping still practicing law and was an active new students to achieve their dreams of Louis Schnitzer Scholarship member of the association. Queen’s becoming lawyers. We hope that the Louis Schnitzer owned a bathrobe that Bench members revered and loved recipients of this scholarship will follow was entirely faded on one side. Frances Manche as a matriarch. Not only was Manche’s example of professionalism Bricker, my mother and Lou’s sister, told she bright, accomplished, and a leader and, at the same time, will find Queen’s me that my uncle was a serious student, of great professional integrity, but also Bench to be their “family”—as it was for that he spent countless hours studying she was charismatic, fun-loving, and very Manche and still is for so many of us. law at his desk in his bedroom, and that caring, especially about younger attor- —Trudy Allen ’82 the sunlight streaming through his win- neys. Although Queen’s Bench collected dow had bleached his robe. That robe some seed money at the time of her The Manche Langley Endowed Scholar- became a symbol to me of Lou’s con- death, it did not have enough to create ship Fund was established in 1994 in summate research and meticulous prepa- a memorial scholarship until over 30 recognition of Manche Langley, a 1909 ration for every legal project he handled. years later when two members, Helen graduate of the Law School. The schol- Lou was my hero as I was growing Althaus ’45 and Jean King ’53, pledged arship award is approximately $8,500 up, and I always wanted to be a lawyer significant contributions. each year. It is intended to recognize —even before I knew what a lawyer I joined Queen’s Bench in time to individuals with superior integrity and did. Shortly after I passed the bar, one get to know Helen and Jean, to hear intelligence who have chosen to pursue of the senior partners in my firm sent them tell of their deep respect for Manche, legal education and a career in the law. me to federal court with an order to be and to learn of their long-held dream Kristen Baptiste ’06 is the 2005-06 recip- signed by Federal District Court Judge to honor her. The strong foundation ient of the Langley Scholarship. Gus J. Solomon. The judge took one look at the document and exclaimed, Gantenbein Fellows Scholarship “Go back to your office and read the For over 60 years (1903 to 1965) the rules, young man.” Embarrassed, I raced Gantenbein family left its imprint upon back to my desk, discovered the error, this law school as students, teachers, and corrected the order. By the time registrar, dean, trustee, and proprietors. I returned to the courthouse, Judge They propelled the school in burgeon- Solomon was in his chambers. He ing years and rescued it in waning years. called me in and said, with a twinkle in Until 1915, the Law School was the his eye, “I know that you didn’t prepare University of Oregon School of Law. that order, but I wanted to teach you a In that year, the university decided to lesson. If you come to court as prepared move the school to its Eugene campus. as your Uncle Lou always has been, The faculty and students elected to stay then you will do a good job in your in Portland, independent of the univer- profession.” sity, trusting in Calvin Gantenbein to Lou was a night student at North- western, as were most (if not all) of his lead the school through its loss of uni- classmates who passed the bar in 1930. versity sponsorship. James Gantenbein, When he died in 1992, my family and I the elder son, got the school back on wanted to perpetuate his memory in its feet after the death of his father and conjunction with this law school, thus the call of World War I had depleted the Louis Schnitzer Endowed Scholar- enrollment. John Flint Gantenbein, the ship Fund for Evening Students. younger son, kept the school alive —Monte Bricke Monte Bricker and Virginia Trent ’06 8 when World War II closed the books The Gantenbein Fellows Scholarships Above: Helping Hand scholarship recipients, and emptied the classrooms. The are funded through the generosity of the Jesse Cowell ’08 and Laura Forrester ’07. Gantenbeins were there for the school Gantenbein Society, a group of individ- Jesse is pictured with his daughter, Sarah. when pressure for change was launched uals who annually contribute $5,000 or Laura is accompanied by her two children, at various times from the bench or the more to the Law School. The scholar- Phoenix and Myra. bar through the roar of the 1920s and ship is intended for students who have the panic of the 1930s. In times of cri- completed their first year of law school Lewis & Clark. I send my few dollars sis, they nurtured and revived the hopes and have a record of outstanding perfor- during the annual fund-raising drive of those who sought legal careers and mance. Each recipient receives an award and think that perhaps, in some form, enriched their students with the value of $5,000 toward the cost of their law it will buy a tax casebook for another of their devotion. Their gifts, standards, school tuition. Recipients also have a Delores. and guidance were critical foundations demonstrated record of good citizenship —Stella Manabe ’92 for the law and lawyers in Oregon and both within the law and in the greater for our law school’s development. community. For academic year 2005-06, The Nana Pao Minority Scholarship The study of law is a demanding scholarships were awarded to Shannon Fund was established in 2002 in recog- intellectual pursuit. By their example, Flowers ’07, James Saul ’07, and Anna nition of Nana Pao who passed away the Gantenbeins showed us that to live Stasch ’07. in 2002, in her last year of law school. the life of the law fully, lawyers must The fund is combined with the school’s join their hearts with their mind. Dean Nana Pao Minority existing scholarship fund and is intended John Gantenbein was passionate not Scholarship Fund for historically disadvantaged students. only about the law but also about At least once a year, I figuratively “go enabling his students to become great Philip A. Levin Memorial home” to Lewis & Clark. Just as my lawyers. Dean Gantenbein frequently Scholarship biological and by-marriage families pro- made informal loans to students, asking vided priceless support and whatever Philip A. Levin was a Portland Lawyer only that they “pay me when you can,” dollars they could during my law school who died on July 25, 1967, at the and he made numerous personal sacri- days, I send a very modest contribution age of 39. Levin’s family, friends, and fices to keep the Law School alive in its to Lewis & Clark’s minority scholarship colleagues felt that his death deprived early years. Gantenbein’s faith was fund. When I write the check, I think Oregon of a citizen whose leadership amply repaid. For example, over the of law students like Delores Leone ’94. would have been recognized widely. years, a majority of the Oregon judicial The Law School’s Minority Law Stu- Levin attended Yale College and bench has been graduated from his law dents Association connected us in a Yale Law School and was a partner in school. In honor of the Gantenbeins’ mentoring relationship in my last and the firm Pozzi, Levin & Wilson. His commitment, the Gantenbein Society her first year of school. She was like a specialty was appellate work, research- was formed. Dean Gantenbein’s life younger sister then, and she has devel- ing fine points of the law and arguing of service inspired the Gantenbein oped into a successful attorney with a them before the Oregon Supreme Scholarships, which seek to foster happy family in Chicago. In the midst Court and other high courts. dedication to compassion, kindness, of law school life, Delores provided Within the legal profession, Levin and fulfillment of dreams. some of the many feelings of “belong- was highly respected, and he was con- —M. Carr Ferguson ing” that helped me find a place at sidered by the Oregon Supreme Court

9 “I am thrilled to be associated with a name so highly respected in the Portland business community.”

to be the foremost appellate lawyer in High School in Portland in 1925. She the Oregon bar. Whenever the Supreme spent two years at Reed College and Court had difficulty improving court then began work as a secretary for rules, it was likely to turn to Levin for Charles Spackman, who ran North- advice. His fellow lawyers had elected western School of Law. Elliott was the him a member of the board of governors only administrative employee and of the state bar, and Levin also taught worked her way through law school, at Lewis & Clark Law School. graduating in 1935. Seventy-five donors initially con- After graduation, Elliott clerked for tributed to the Philip A. Levin a bankruptcy court judge and then prac- Memorial Scholarship. Later, a friend ticed criminal law. During World War of Levin’s made an anonymous personal II, she shifted her practice emphasis to commitment to double the size of the domestic relations, estate planning, and scholarship. Each year a $3,000 award general litigation. In 1967, Elliott was is given to an evening student in Levin’s appointed a pro tem judge in Multnomah memory. The 2005-06 recipient is County, and she continued to serve in Christopher Clark ’06. that capacity until the late 1980s. In Roosevelt Robinson Minority Scholarship the 1960s, she was appointed general Helping Hand Scholarship recipient Sujata Patel ’07. counsel for the Advertising Association of the West. She served in this capacity The Helping Hand Scholarship was in addition to her regular practice. established by an anonymous alum who Roosevelt Robinson Minority Those who knew Neva Elliott well graduated from law school with a pro- Scholarship Fund have shared that Neva cared deeply for found respect for fellow students who To honor Roosevelt, his friends and her friends and colleagues. She helped juggled their studies while raising small young lawyers get started in their children. This benefactor plays a colleagues have come together and established the Roosevelt Robinson careers, giving special support to those tremendous role in providing parents Minority Scholarship Fund. “Roosevelt’s who chose to pursue a career as a solo with much-needed assistance during law Fund” is an endowment that provides practitioner. Friends have shared that school. The donor’s generosity has been scholarship funds in perpetuity. Roosevelt Elliott worked very hard in law school cited many times as a factor in helping shared that he would be pleased if a and that her work ethic combined with students with children to continue scholarship could be created to assist her caring manner made her a very their studies. students experiencing circumstances good practitioner of the law. The Helping Hand Scholarship is avail- similar to his own as a student: “acade- Neva Elliott was grateful to North- able to single custodial parents with mically sound but somewhat economi- western School of Law for taking her children under the age of 18. Special cally depressed.” He also expressed a in as one of a few female law students. consideration is given to students with desire that the recipient commit to She expressed her appreciation to the children under the age of 6 (or who are living and practicing in Oregon. The school by establishing an endowed not attending full-day school programs), amount of the award is approximately scholarship to support evening stu- and the ages and number of children of $3,500. It is our hope that this scholar- dents. The award for this endowed the applicant are heavily considered. ship fund will encourage more minority scholarship is approximately $10,000 Recipients must be in good academic men and women to pursue a legal a year. Angela Schultz ’07 and standing and are invited to reapply for career. Christian Babich ’07 are the 2006-07 continued funding. The 2006-07 Roosevelt Robinson recipients. This scholarship is available to students Minority Scholarship recipient is who will be either a second-, third-, or Sujata Patel ’07. Paul H. Casey Scholarship fourth-year student in the year follow- for Business Law ing the receipt of the award. Each year Neva Elliott Scholarship the committee selects several students Paul H. Casey Scholarship to share $10,000 in tuition support from Neva was a world traveler who was not for Public Interest Law this endowed scholarship afraid to take risks. She flew a plane, The Casey family has a legacy of gener- The Helping Hands scholarship was traveled the rivers of China, and was a ously supporting the Law School. In given to five students for 2006-07: lover of world culture. She cared deeply 1985, Henry Casey and his sister for her friends and celebrated with Christian Babich ’07, Carolyn Bys ’07, Marguerite established a chair at the them frequently. She was a remarkable Anne Marie Clark ’07, Jesse Cowell ’08, Law School dedicated to business law woman who lived a full life. and Laura Forester ’07. integrity and ethics. The Henry J. Born to a pioneer Oregon family, Casey Chair is held by Professor Ed Neva Elliott graduated from Jefferson Brunet.

10 “This scholarship will help me to continue my education with less of a financial burden on myself, my wife, and my young son.”

In 2004, Paul Casey, Henry Casey’s son, created the Paul H. Casey Scholar- ships for Business Law and for Public Service in honor of his late father. The scholarships reflect Henry Casey’s vision of education, which involved not only intellectual enrichment but also attention to values, integrity, and character and a commitment to public service. Scholarship recipients are expected to reflect Henry Casey’s values and to follow his tradition of integrity and citizenship. In the first year, eight Paul H. Casey scholarships were awarded in the amount of $10,000 to cover tuition expenses. Of these eight students, five graduated in the spring of 2006 and three others continue their studies. Jerry Carleton ’07, Christian Babich ’07, and Jason Davis ’08 received an additional $10,000 in support for their upcoming academic year. Two additional students were selected for the Paul H. Casey scholarship award, Ethan Samson ’07, for business law and Gary Vrooman ’07, for public interest law. At a dinner introducing the scholarship recipients to Paul Casey, Paul expressed his trust in the students and described himself as their “co-investor.” He also shared that his father, Henry, and his Uncle Jim, “were correct in teaching me that ‘determined people working together can accomplish anything.’ ”

Andrea Swanner Redding Scholarship Andrea Swanner Redding received her B.A. with honors from North Carolina State University. After four years as a legal assistant, she attended North- western School of Law and graduated first in her class in 1986. She was an associate with Stoel Rives in Portland before she was appointed director of career services at the Law School in 1990. At the time of her death in April 1996, she was assistant dean of career services. Andrea was also very active in

Right: Peggy West, a friend of Neva Elliott, and the 2006-07 recipients of the Neva Elliott Scholarships, fourth-year law students Christian Babich ’07 and Angela Schultz ’07. 11 “This scholarship allows me to more easily continue my nonprofit work as planned. I cannot overstate the stress associated with financial debt.”

Oregon State and Multnomah County Nelson D. Terry Scholarship away in 1994 at the age of 42. Each Bar activities, National Association for year, her life is celebrated with the The Quinault Allottees Association Law Placement, and Oregon Women Joyce Ann Harpole Lecture and Scholarship Program of Lewis & Clark Lawyers. Awards. The event features a guest College is made possible by an endow- speaker and the presentations of the Andrea will always be remembered for ment from Indians who own lands on Harpole Attorney Award and the her ready wit and her wonderful ability the Quinault Reservation on the cen- Harpole Memorial Legacy Scholarship. to take life one day at a time and to take tral coast of Washington. This unique special care to really make a difference program encourages descendants of any The Harpole Scholarship is awarded in the lives of the Law School’s students. of the 2,340 original allottees of the to a current student who is dedicated It is with this in mind that family and reservation, any American Indian stu- to the pursuit of justice while maintain- friends established the Andrea Swanner dent, and others to apply; the commit- ing a sense of balance among career, Redding Scholarship in her honor. The tee administering the program considers family, and community. The student award for this endowed scholarship is candidates qualifying for admission in also demonstrates a dedication to his approximately $3,700 each year. this descending order. Academic perfor- or her legal studies. Recipients are nom- The 2006-07 recipient of The mance is taken into account. inated by their peers. The award for Andrea Swanner Redding scholarship The scholarship is named after this endowed scholarship is approxi- is Shannon Flowers ’07. Nelson D. Terry, the dedicated forester mately $4,000. who assisted the Quinault Allottees in The eighth annual Harpole Thomas H. Tongue III their long and successful litigation over Memorial Legacy Scholarship was Scholarship misuse of their lands on the reservation. awarded to Margot Lutzenhiser ’07. This unique program is part of the stew- Thomas Tongue, a well-respected attor- ardship of the Quinault allottees, who Candise DuBoff Jones ney and Oregon Supreme Court judge, won a judgment of $26 million in the Memorial Scholarship had a remarkable impact on Lewis & case of Mitchell v. United States (1990). Clark Law School’s development for This scholarship seeks to perpetuate the Created by the Treaty of Olympia values embraced by Candise DuBoff over 45 years. Judge Tongue taught evi- (1855) and enlarged by executive order Jones ’77. DuBoff Jones’ life prematurely dence at the Law School from 1946 to (1876) to nearly 190,000 acres, the ended in the Domestic Relations 1967. He also served on the Board of reservation was allotted between 1911 Courtroom at the Multnomah County Trustees and was on the Law School’s and 1934 to 2,340 Indians of the Chi- Courthouse on February 15, 1979. standing committee. Judge Tongue nook, Cowlitz, Shoalwater, Chehalis, Jones, a 25-year-old attorney, was mur- played a critical leadership role during Quinault, Queets, Hoh, Quilheute, and dered by the estranged husband of the the merger with Lewis & Clark College Mahah tribes of western Washington. client she was representing. She had and served the Law School for many The reservation is part of the great rain been known, both around the court- years after the merger. The faculty and forest of the Olympic Peninsula. The house and in her St. John’s office, as an alumni will always owe him a debt of award for this endowed scholarship is attorney who was alert, intelligent, and gratitude for his tremendous stewardship. approximately $9,500 each year. always well prepared. She had a deep In his will, Judge Tongue bequeathed An award was given to Bristol Dawn and abiding commitment to serving a generous gift to Lewis & Clark Law Vaudrin Haggstrom ’06 during the her clients and the law. School to help working evening stu- 2005-06 academic year. The award for this endowed scholarship dents meet the financial obligations of is approximately $8,400 and the num- attending law school. He and his family Rose E. Tucker Scholarship ber of scholarships awarded is at the dis- also requested that remembrances be The Rose E. Tucker Charitable Trust cretion of the selection committee. The designated to the Law School for this provides a two-year grant to Lewis & committee is comprised of a representa- purpose. Lewis & Clark Law School Clark College for undergraduate and tive of the DuBoff family, a representa- received an outpouring of support for graduate school scholarships. The trust’s tive of the Law School, and a member the Thomas H. Tongue III Fund for generous support made it possible for of the practicing bar. Students may Working Evening Students. the Law School to award financial sup- apply in their second or third year of The Thomas H. Tongue III Scholar- port to four deserving students during law school. The committee is looking ship is an endowed scholarship awarded 2005-06. for students with financial need, a pas- by the associate dean for academic affairs sion for the law, scholarly achievement, to a student who is employed full-time Harpole Memorial Legacy and a demonstrated commitment to and attends the evening program. The Scholarship school, profession, and community. award for this endowed scholarship is The 2006-07 recipients of the Joyce Ann Harpole ’79 exemplified pro- approximately $2,000 each year. The 2005- Candise DuBoff Jones Memorial fessionalism with her delight for life and 06 recipient is Matthew Kirkpatrick ’08. Scholarship are Renee Haslett ’07, her ability to balance career, family, and Aaron Hessel ’07, Corey Tolliver ’07, community responsibilities. She passed and Blerina Kotori ’07. 12 “Your charity provides an even more long-lasting and substantial gift to all of us who have benefited from it, and I will one day emulate your generosity.”

John E. and Susan S. Bates Scholarship for Business Law John E. Bates is chair of the Board of Trustees of Lewis & Clark College and a longtime supporter of the Law School. John and his wife, Susan, established a $10,000 scholarship in 2005. They wanted to encourage and support law students who are planning to pursue a career in business law. Applicants who plan to practice securities, particularly securities litigation, are given special consideration. The John E. and Susan S. Bates Schol- arship is given out each spring. The selection committee is comprised of the Bateses and three members of the business law faculty. The 2006-07 recipient is Corey Tolliver ’07.

Milt Smith and James Richardson Business Law Above: Alumni Board President Doreen Lloyd and Patti Babler Scholarship Margolin ’81, scholarshipo recepient Scholarship for Business Law Milt Smith and James Richardson Elizabeth Brodeen ’08, and board members established the Smith-Richardson Krista Koehl ’99 and Steve Shropshire ’94. Lloyd Babler graduated from Lewis & Clark College in 1957 and is a life Business Law Scholarship in the trustee. Lloyd and his wife, Patti, have amount of $10,000 to support a student Alumni Board of Directors been longtime supporters of the Law in his or her final year of law school. Scholarship School. In 1997 they established the Milt Smith graduated from Lewis & Lloyd and Patti Babler Scholarship to Clark Law School in 1970 and has been The Alumni Board of Directors is com- provide financial assistance to a student a continuing supporter of the Law prised of dedicated alumni who contin- in her or his final year of law school. School. Jim Richardson graduated from ue to contribute to the Law School The 2006-07 scholarship award is Lewis & Clark College in 1970 and through personal and financial support. $7,500. obtained his J.D. from the Law School These individuals also donate time to The selection committee is com- in 1976. He is a member of the Lewis various organizations in the community. prised of the Bablers, a business law fac- & Clark College Board of Trustees and When choosing a scholarship recipient, ulty member, and the associate dean for also serves in the Board of Visitors for the Alumni Board of Directors expects academic affairs. The committee looks the Law School. the recipient will follow the tradition for a student who has relevant life expe- The selection committee for the schol- of unselfish citizenship and continued rience, including work and volunteer arship is comprised of Milt, Jim, a busi- involvement with the Law School both experiences that demonstrate the deter- ness faculty member, and the associate personally and financially. mination and quest to practice business dean for academic affairs. Students must The award for this endowed scholarship or tax law upon graduation. They also demonstrate that they have studied is approximately $8,000 per year and take into consideration a student’s business or tax law in their coursework the number of scholarships awarded is at financial need and business and tax law and have an interest for practicing busi- the discretion of the selection commit- courses taken. ness law upon graduation. tee. The board takes into consideration The 2006-07 Lloyd and Patti Babler Schol- The 2006-07 recipient of the Milt the student’s financial need, community arship recipient is Aaron Hessel ’07. Smith and James Richardson Business Law involvement, scholarly achievement, Aaron is a dean’s scholarship recipient, Scholarship is Margorie A. Berger ’07. and his or her plan for staying involved as well as a recipient of the Candise with the Law School after graduation. DuBoff Jones Memorial Scholarship. The Alumni Board of Directors selected Elizabeth Brodeen ’08 as the recipient for 2005-06.

Bryan Scott ’91 A Commitment to Public Service by Ellen Jones ’91

My fondest law school memories revolve around one person: he clerked with the general counsel of Reynolds Electrical and my friend and classmate Bryan Scott. Whether it was going Engineering Company in Las Vegas—REECO was a general dancing at the now-defunct Main Place, pre-functioning at contractor for the Nevada Test Site—and during his second one of his famous Halloween theme parties, or cracking up in year at the U.S. Attorney’s Office for the District of Oregon. the library (when we should have been cracking the books), When asked about his favorite memories of law school, Scott Bryan was always leading the way, and the rest of us were says, “My fondest memories are first and foremost the friends happy to follow. If you needed something done, done well, that I made while going through the law school experience. and done on time, Bryan was the go-to person. As an attor- I’m sure everyone says this, but we had the best class. It was a ney, he has demonstrated this same commitment to excel- group of smart, funny, caring, good people. A great group of lence, drive to succeed, and leadership. Bryan has built a suc- characters that I look forward to seeing at our next reunion. cessful career as a land use attorney in Las Vegas and holds I enjoyed playing softball with my team ‘The Beasts,’ having multiple leadership positions in community and professional microbrews at the Buffalo Gap and Dandelion Pub after organizations. I am proud to know Bryan and proud to call games, the school’s annual Halloween party, and renting a him my friend. His commitment to public and community house in Lincoln City for spring break during our first year.” service is an example we should all be inspired to follow. Scott’s favorite classes were those that involved state Scott is one of the few attorneys in Las Vegas who was issues. “I especially enjoyed taking Water Law from Adjunct actually raised there. After graduating from Rancho High Professor Ann Squier. Water is a huge issue in Nevada, and School, he enrolled in the University of Nevada, Las Vegas, I found it really interesting. As a student, I wrote a paper on intending to become an electrical engineer. “Those plans the importation of water from the northern counties of quickly changed when I discovered the amount of math I Nevada to Las Vegas; the issues I wrote about 15 years ago would need to take to make that dream a reality,” says Scott. are just now happening. With the rapid growth of the city, Before graduating, Scott took the LSAT. He began consider- water will be one of the major keys to our success or failure.” ing law schools around the West—there was no law school in He also enjoyed being led down the “primrose path” by Nevada at the time—and happened to receive a brochure Professor Doug Newell in Contracts and enjoyed taking from Lewis & Clark. At the time, Lewis & Clark offered a Constitutional Law from Professor Jim Huffman. joint J.D./M.B.A. degree. “I chose Lewis & Clark because of Scott always planned to return home to Las Vegas. After its good reputation and because I was interested in getting passing the Nevada Bar Exam, Scott began his career as an both degrees at the same time. I thought I wanted to concen- associate attorney at Donald J. Campbell & Associates, a trate my practice in corporate law. My undergraduate degree small civil litigation firm. (One of his first clients was Donald is in business management, so I thought a joint degree would Trump.) Scott became active in local professional associa- give me a competitive edge while job hunting. I found that tions, such as the Las Vegas chapter of the National Bar Asso- law school was challenging enough on its own, and I wanted ciation (LVNBA) and the Clark County Bar Association. “I to have a life, too, so the joint-degree idea was short-lived. thought getting involved would be a good way to get to know “I was a poor college student so I couldn’t afford to visit local lawyers. I’ve always been involved in charitable activi- Portland before I accepted the offer of admission. Everything ties and this seemed like a good avenue for that, too.” Scott I knew about the school came from what I read in the brochure first joined the Clark County Bar Association’s Community and other research I conducted. When I arrived and was Service Committee, which perfectly suited his interests and toured around the Law School, I immediately liked it. I don’t strengths. “The public often has this perception that attorneys know if it was being surrounded by all the trees, but it had a are always ‘taking.’ I wanted to be involved in activities which very comfortable atmosphere, the people were friendly, and directly benefited the community and stressed to the public it was a small campus.” that attorneys really do give back and help others.” Scott thrived on the challenges of law school. In addition Scott was quickly tapped for leadership roles in the LVNBA to taking a full class load, he was involved in school activities and the Clark County Bar. A year after graduating from and served as the secretary/treasurer of the Minority Law law school, Scott was elected treasurer of the LVNBA, and in Students Association for two years. During his first summer 1996 he was elected president. He received special recognition 15 “None of this was planned. My mother instilled in relay team that walked to raise money during the society’s my brother, sisters, and me that the more you give, 24-hour Relay for Life event in May. Scott raised over $3,200 the more you will receive in return. Not tangible in pledges, and his team raised more than $9,200. Following his sister’s death from cancer, Scott’s mother, Minnie, had a things, but the intangible—a sense of accomplish- modified radical mastectomy in 2002 and, in 2005, was diag- ment, community pride, friendships, and all those nosed with cancer for the second time. “This is a cause I things that come with helping others. Anyone who really believe in. Cancer has touched so many people’s lives. volunteers knows that feeling.” Approximately 1.3 million people will be diagnosed with cancer this year. It’s good to be involved and really feel like you’re doing something to help,” says Scott. Last year, Scott awards for five consecutive years (2000-05) for his contribu- participated in the Clark County Bar Association’s team tions on the Clark County Bar Association’s Community for the March of Dimes Walk America and raised $3,200 in Service Committee. He was elected to the Clark County Bar donations—the fourth-highest amount raised by any individ- Association’s board of directors in 2000 and, in 2005, was ual in Nevada. elected its board president. He is the first African American Never one to slow down, Scott is currently serving as board president in the organization’s history. In 2005, Scott president of the Clark County Law Foundation, sits on the was awarded the association’s Volunteer of the Year Award. Nevada State Bar Board of Governors, and is a member of the In addition to his many law-related public service activi- Supreme Court’s Bench-Bar Committee and Study Commit- ties, Scott has involved himself in a number of other commu- tee on Lawyer Advertising. Despite his many extracurricular nity efforts. In 2001, Scott became one of the cofounders of activities, he has found time to build a successful career at the Rancho High School Alumni Association, the first alumni Las Vegas’ Office of the City Attorney. He joined the office association for a public high school in Southern Nevada. as a deputy city attorney in the Civil Division in 1996 and Rancho High School is an inner-city school with a significant was recently promoted to assistant city attorney. In addition drop-out rate. Initially, Scott was contacted by one of the to a litigation practice primarily involving land use, zoning, high school’s alumni who had seen his picture in the newspa- and planning issues, Scott is also legal counsel to the Las per in conjunction with other community events. The alum Vegas City Council and Planning Commission and has addi- wanted to know if Scott would be willing to help build an tional internal personnel duties with his new role in the alumni association that would raise funds to meet unmet office. He is starting the office’s first legal externship program needs at the school and help set a positive example for its cur- in partnership with the William S. Boyd School of Law at the rent students. “The purpose was to demonstrate to students University of Nevada, Las Vegas. In December he argued his that just because you come from a poor background or attend first case before the Nevada Supreme Court. In February, the a poor school doesn’t mean you can’t succeed,” says Scott. As order from the court agreed with his arguments and affirmed usual, Scott jumped in with both feet, helping to start several the district court’s decision, which found in the city’s favor. programs for the students at Rancho. For example, each year, Although as a law student Scott didn’t see himself work- the alumni association heads up a holiday program for the ing in the public sector, he says he now can’t imagine working school’s homeless students by raising money to give each stu- anywhere else. “I enjoy the people that I work with and the dent his or her own backpack containing gift certificates to atmosphere in which we work. It’s a great office of smart, local stores, sweatshirts, clothing, and other essential items. hard-working individuals. When I worked in private practice, Scott also helped raise funds I never had the sense of satisfaction that I have had with this to start a tutorial program, the Prep Club, to help students job. I’ve been asked to join private firms, for nearly double pass Nevada’s high school proficiency exam. The program my salary, but money isn’t everything. As a land use attorney, pays for teachers and honor students to tutor other students I have the opportunity to play a role in the revitalization of after school. Most important to Scott, he and his family start- downtown Las Vegas and the building of the community— ed a scholarship at the school, the Gwendolyn J. Scott-Paulk hopefully for the better. As I drive around town, I can see Memorial Scholarship, to honor his oldest sister, a Rancho projects that I have had a hand in bringing to fruition. High graduate who died of pancreatic cancer in 2001. Each I can’t imagine anything more fulfilling than that.” year, two scholarships are awarded to graduating students who When reflecting on his many accomplishments and are going on to a college or trade school. “Not just the stu- activities, Scott says, “None of this was planned. My mother dents with the 4.0 GPAs,” says Scott, “but students who are instilled in my brother, sisters, and me that the more you give, well rounded and who have the potential to succeed if they the more you will receive in return. Not tangible things, but just get a little bit of help.” the intangible—a sense of accomplishment, community pride, Scott has also raised thousands of dollars for the American friendships, and all those things that come with helping oth- Cancer Society. This year, Scott was a member of Team ers. Anyone who volunteers knows that feeling.” Justice, the Clark County Bar/Nevada Paralegal Association

16 Why Jessup Moot Court Matters by Dagmar Butte ’91

If you’ve attended the Law School in the last This year, the Lewis & Clark team com- or have had very little prior cultural or social 30-odd years, you’ve likely heard of the Jessup prised of third-year students Eric McQuilkin contact. It is not unusual to find an Israeli stu- International Law Moot Court Competition. and Dan Budihardjo and second-year students dent deeply engaged in conversation with a Maybe you even participated, but it is less like- Troy Payne, Corey Tolliver, and Ryan Gibson student from Egypt on matters of international ly that you have kept up with our Jessup pro- advanced to the international rounds, where policy without any hostility. In fact they often gram unless you’ve been one of the countless they finished as U.S. Runner-Up. This is partic- discover much common ground. It is also not victims of my arm-twisting to come judge prac- ularly impressive when you consider that over unusual to find a group of Iraqis decked in tice rounds, briefs, etc. This year, the Lewis 140 U.S. schools participated. Their only losses Mardi Gras beads at the National Dress Ball & Clark team had its best showing ever, and came at the hands of Columbia University Law dancing with students from Tulane and com- we thought this would be a great opportunity to School, which eventually won the entire com- municating friendship effectively even without tell those of you who were involved in the past petition. The Lewis & Clark team also finished a shared language. The reason is simple: they what is happening with Jessup today and to in the top eight internationally and had the actually do have a shared language, which is tell those of you who have never been involved third-place memorials. In addition, Troy Payne the Jessup and its goals of furthering interna- what a unique and life-changing experience it was the seventh-place speaker overall in the tional law, international cooperation, and inter- can be. international rounds. Further, each team mem- national exchange of ideas to better humanity. The Jessup Competition was founded ber received strong praise and encouragement Some folks even call this the “Jessup Effect.” in 1959 and named after Philip C. Jessup, from their judges—who came from all over Indeed this can carry over for many years and a former member of the International Court the world—for their advocacy skills and their sometimes a lifetime. of Justice in The Hague. It has become an impressive understanding of international law. Many competitors return as bailiffs and immense undertaking, involving more than To understand the Jessup and put Lewis judges. Many judges also coach and have 10,000 law students at almost 500 schools in & Clark’s performance in context, one has to done either or both for decades. Many promi- over 100 nations. The competition is managed keep in mind that Jessup is much more than nent real judges and many law firms—both by a staff of two who are headquartered in a moot court. International law is at a stage large and small—become so enamored of the Chicago. Everyone else involved, from adminis- where much work needs to be done at the Jessup that they commit time and money to trators and host schools around the world to philosophical and conceptual levels in order to help it grow and prosper. Some judges even courtroom bailiffs and judges, is a volunteer. develop it and ensure that it is followed. The spend their vacations judging Jessup competi- The competition is held annually, with regional Jessup competitions have stimulated this effort. tions or coaching teams. Even more amazing, and national competitions taking place from The interchange between creative and thought- some cases in the real world have even settled December through March. The international ful students from around the world and experts or been resolved more amicably than they oth- rounds and world championship round are in the field who are there to judge them has erwise might have been because the lawyers usually held in Washington, D.C., each spring yielded actual solutions and potential strategies for the parties had the common experience in conjunction with the Congress of the Interna- for real international law cases. of the Jessup. All of the Lewis & Clark Jessup tional Law Students Association, which admin- The students are treated not as well-trained alumni–whether they realize it or not–are a isters the competition, and the Annual Meeting mouthpieces with great future potential but as part of this worldwide community and this of the American Society of International Law. real partners in the progressive development experience. The competition involves a hypothetical of international law. I believe that the extent to As I finish this little tale of the Jessup, I case written by leading international law schol- which this occurs makes the Jessup unique want to take an opportunity to do just one more ars. Past cases have involved human traffick- among moot court competitions. I also believe bit of gentle arm-twisting. Lewis & Clark will ing, maritime law, human rights, international that this is why students usually compete more cohost the Pacific Northwest Regionals of antitrust law and GATT, environmental law, ter- than once, put in incredible numbers of hours Jessup during the second or third week of rorism, and protection of privacy, among other of preparation, and generally take the competi- February 2007. Please consider becoming one pressing issues. The problem also typically tion as seriously as they would a real case. of those many volunteer judges. We will also addresses practical and procedural issues such In exchange they get to join a community of need practice-round judges in January and as standing, jurisdiction, and damages. Teams lawyers and law students from places as February to prepare our own team, which will are composed of two to five members from a diverse as Ireland, Iceland, Israel, and Iraq. include all three of the second-year students single law school or international law–related Within this community, everyone’s voice is from this year’s team—so judging and prepar- faculty. Each team argues prepared memorials given expression and everyone’s contribution ing them should be a real treat. Check out the (briefs) and presents oral arguments on both is equally valued irrespective of resources and competition at www.ilsa.org and contact me sides of the question. The competition is judged other outward trappings of success. This may at [email protected] if you would like to get involved. by a series of three-judge panels comprised of seem quite utopian, and in a sense it is, but it I also want to let you know that we are working judges, scholars, and practitioners. Competition is what makes the competition special. on a Jessup alumni listserv, so if you would winners are selected on the basis of the cumu- There is no question that the students are like to be included, please send me your lative scores for their oral arguments and writ- quite competitive with one another, but once e-mail address. Jessup is truly special and ten memorials. the round is over camaraderie and mutual rewards involvement with a genuine sense respect take over. This is even true among of community that is rare in the legal field. students who come from countries that have traditionally had difficulties with one another

17 “SOCIETY MUST BE [REGULATED ]”: BIOPOLITICS AND THE COMMERCE CLAUSE IN GONZALES V. RAICH

EXCERPT FROM 9 LEWIS & CLARK LAW REVIEW 853 (2005) by Associate Professor John T. Parry

This article on the Supreme Court’s recent decision in Gonzales concept of “an area of traditional state concern” (if that is not a v. Raich 1 seeks to do three things. First, I will provide my assess- “content-based boundary,” then what is?) to decide the case ment of what Raich might mean as a matter of doctrine—an indicated a desire for a doctrine that would limit congressional assessment that will not be dramatically different from those activity across the board and not just in the case at hand. provided by other participants in this symposium. Second, I will By contrast, Justice Thomas’ concurring opinion, which argue that Raich articulates an idea of government power that called for reconsidering “[i]n an appropriate case” and in light of assumes the rationality and desirability of regulation and that original understandings the rule that the Commerce Clause per- this assumption dovetails with Michel Foucault’s theory of mits Congress to regulate activities that have a substantial effect biopower or biopolitics. I will also consider what it means for on interstate commerce, was far less ambiguous. So too were the constitutional law to accept the biopolitical nature of contem- dissents, which expressed alarm at the decision and made no porary governmental power, and here I will broaden my analy- serious effort to describe judicially enforceable limits on sis to include end-of-life decisions as well as pain management. Congress’ commerce power, primarily because they insisted that Along the way, I will argue that federalism and rights-based the touchstone of Commerce Clause doctrine should be defer- responses to the biopolitical regulatory state fail to provide a ence to Congress. meaningful alternative to its presumed flaws. Third, I will sug- In brief, the immediate impact of Lopez was uncertain. Large gest in a brief concluding section that the biopolitical perspec- changes might be afoot, but their exact doctrinal form remained tive may not be as bleak as it first appears to be.* unclear. The phrase “economic activity” might become central, but the Chief Justice’s mention of “a distinction between what is truly national and what is truly local”—echoed in Justice I. RAICH AS DOCTRINE Kennedy’s concurrence—could also be the key. Or the changes Raich is the Supreme Court’s third major effort in recent years to might be more modest: along the lines of requiring a jurisdic- define a Commerce Clause power that is not logically limitless. tional element to ensure that the statute was properly applied in The first case was United States v. Lopez, which struck down individual cases, or insisting on appropriate congressional find- a federal statute regulating gun possession in a “school zone” on ings of an impact on commerce (a kind of “due process of law- the ground that it exceeded Congress’ powers under the making” concern).3 More than with most cases, it was clear that Commerce Clause—the first such holding in nearly 60 years.2 we would not know the holding of Lopez until the next case Standing alone, Lopez could have been merely a shot across the explained it to us.4 bow: a warning to Congress that there must be some limits to the The next important case, United States v. Morrison, which commerce power and that it should keep that idea in mind when struck down a provision of the Violence Against Women Act legislating. Or, Chief Justice Rehnquist’s majority opinion could that created a civil cause of action allowing victims to sue the be seen as an effort to give coherent content to Commerce perpetrators of “crime[s] of violence motivated by gender,” indi- Clause doctrine by organizing and explaining the disparate cated that the doctrinal shift would be significant.5 Chief Justice cases—as in his statement that “we have identified three broad Rehnquist’s majority opinion repeated the three “categories” of categories of activity that Congress may regulate under its com- permissible Commerce Clause regulation established in Lopez. merce power”: (1) “use of the channels of interstate commerce,” (2) “instrumentalities of interstate commerce, or persons or things in interstate commerce,” and (3) “activities having a sub- * In this excerpt, there is room for only part one of my argument. Read the full text in 9 Lewis & Clark Law Review 853 (2005) stantial relation to interstate commerce, i.e., those activities 1 125 S. Ct. 2195 (2005). that substantially affect interstate commerce.” And, of course, 2 514 U.S. 549 (1995). one might suspect that this organization and explanation also 3 See Hans Linde, Due Process of Lawmaking, 55 NEB. L. REV. 195 (1976); com- planted the seeds for redefining the commerce power—such as pare Philip Frickey & Steven S. Smith, Judicial Review, the Congressional Process, by requiring that the subject of regulation be an “economic and the Federalism Cases: An Interdisciplinary Critique, 111 YALE L.J. 1707 (2002) (suggesting the Court’s commerce and Section Five cases misconceive and impose activity” in some sense. unrealistic expectations on the legislative process). Justice Kennedy’s concurrence raised the same ambiguities. 4 See Glenn H. Reynolds & Brannon P. Denning, Lower Court Interpretations of On the one hand, his call for stability and restraint, and his Lopez, or What If the Supreme Court Held a Constitutional Revolution and Nobody insistence that decisions in this area would turn not on “con- Came?, 2000 WIS. L. REV. 369 (suggesting lower courts generally took the same wait-and-see attitude); cf. EDWARD H. LEVI, AN INTRODUCTION TO tent-based boundaries” but rather on matters of “degree,” blunt- LEGAL REASONING 2-3 (Univ. of Chicago Press 1949) (discussing the ways in ed some of the potentially far-reaching aspects of the majority which the holding of a case emerges through subsequent interpretation). opinion. On the other hand, Justice Kennedy’s reliance on the 5 529 U.S. 598 (2000).

18 And as in Lopez, the third category—activities that substantially stretching the idea of economic activity or whether instead it affect interstate commerce—was the only one into which the would be better to strike down the statute and thereby limit the statute might fit. In response to the plaintiff’s claim that violence power of Congress to enact comprehensive regulatory programs. against women has a demonstrable effect on interstate commerce, The justices—and particularly the majority—presented the as shown by numerous congressional findings, the Chief Justice issues in doctrinal terms as a problem of interpreting precedent, applied Lopez: “a fair reading of Lopez shows that the noneco- most critically the interaction of Lopez and Morrison with nomic criminal nature of the conduct at issue was central to our Wickard v. Filburn—which is arguably the most far-reaching decision in that case. . . . [I]n those cases where we have sustained Commerce Clause case. 8 federal regulation of intrastate activity based upon the activity’s To begin, Justice Stevens pointed out that the prohibition substantial effects on interstate commerce, the activity in ques- on cultivation or use of marijuana for medicinal purposes was tion has been some sort of economic endeavor.” part of a much larger program of regulation that encompassed Under this approach, Congress’ findings were simply irrele- not just all uses of marijuana, but also a wide variety of “con- vant because they did not show that any of the activity actually trolled substances.” Neither the parties nor any of the justices being regulated—gender-motivated crimes of violence—not doubted that Congress could regulate controlled substances in only had an economic impact but was in itself economic. In the aggregate; they are articles that move in interstate com- addition, according to the Court, federal regulation of violent merce, albeit largely through illegal transactions. The issue, crime “that is not directed at the instrumentalities, channels, or then, was whether marijuana grown, possessed, and consumed goods involved in interstate commerce” would upset the “dis- locally for medicinal purposes should be exempted. tinction between what is truly national and what is truly local.” As Chief Justice Rehnquist had in Lopez and Morrison, Significantly, neither Justice O’Connor nor Justice Kennedy Justice Stevens sought to present a coherent picture of filed a separate concurrence, while Justice Thomas’ concur- Commerce Clause doctrine, and in so doing he accepted the rence echoed his Lopez opinion and thus provided no comfort trappings of Lopez and Morrison. First, he endorsed the same for anyone seeking to mitigate the impact of the majority opin- three categories of acceptable Commerce Clause legislation ion. On the other hand, the dissents were clear in their insis- articulated in Lopez, and he then described the power to regulate tence that the court was veering badly off course. activities that substantially affect interstate commerce as One might still have asked, as the dissenters did, whether the extending to “purely local activities that are part of an econom- distinctions drawn by the majority were conceptually coherent ic ‘class of activities.’” or workable. Arguably too, as Justice Thomas suggested, the Thus, Justice Stevens insisted that “[w]ell-settled law con- Court had not gone far enough. Once Congress is allowed to reg- trols our answer,” Raich, 125 S. Ct. at 2201, and concluded that, ulate activities with a substantial impact on interstate com- “[u]nder the present state of the law . . . the judgment of the merce, drawing a precise line within that category will be Court of Appeals must be vacated.” Id. at 2215. When a extremely difficult. The resulting back and forth with a Congress Supreme Court majority uses such phrases, one should probably determined to regulate would likely push the Court back to def- assume that change is afoot. As an aside, the word “better” in my erence. More generally, whether one thinks the Court went too discussion of the issues before the Court should be read loosely, far or not far enough, determining whether an activity is eco- for example, in terms of the Constitution’s “best” or most “pre- nomic or noneconomic, or whether a particular topic of govern- cise” meaning, whether as a matter of text, intent, precedent, or ment concern or regulation is truly national or truly local, is not policy, or with reference to the most desirable meaning from a process that leads to cut-and-dried conclusions—not even whatever perspective one brings to bear on the issue (i.e., drug when there is agreement on the baseline from which to reason.6 policy, federal power, individual rights, constitutional theory, Finally, the stability of the Lopez/Morrison interpretation of and so on). the Commerce Clause was suspect. Could a five-justice majority But the emphasis was different from the two previous cases. that included Justices Kennedy and O’Connor maintain a strong Justice Stevens sought to make Wickard the central doctrinal line between economic and noneconomic in cases in which fed- case. According to him, Wickard “establishes that Congress can eral action was “really” needed or in which Congress did not regulate purely intrastate activity that is not itself ‘commercial,’ seem to be unduly trespassing into an area of “traditional state in that it is not produced for sale, if it concludes that failure to concern”? 7 Once again, lower courts initially adopted a wait- regulate that class of activity would undercut the regulation of and-see attitude. the interstate market in that commodity.” From there, uphold- Raich complicates any effort to chart a clear doctrinal path. ing the medical marijuana ban flowed naturally. Writing for the majority, Justice Stevens provided at least two By contrast, Justice Stevens chided the plaintiffs for reading general descriptions of the Court’s holding. First, Congress has Lopez and Morrison “far too broadly.” Neither case, he said, the power under the Commerce Clause to “prohibit the local cultivation and use of marijuana [for medicinal purposes] in compliance with California law.” Second, “Congress’s power to regulate 6 For discussion of some of these problems, see generally Catherine A. MacKinnon, Disputing Male Sovereignty: On United States v. Morrison, 114 interstate markets for medicinal substances encompasses the por- HARV. L. REV. 135 (2000); Judith Resnik, Categorical Federalism: Jurisdiction, tions of those markets that are supplied with drugs produced and Gender and the Globe, 111 YALE L.J. 619 (2001). consumed locally.” Both statements are arguably in tension with 7 The quotation marks simply indicate that Morrison can be seen as a case in the doctrinal direction that Lopez and Morrison suggested. which a majority of the Court decided that the general problem of violence against women or the specific availability of tort claims by victims was not a sig- Reaching this holding (or perhaps holdings) involved two nificant enough federal concern, or was actually not an area in which states had key issues: (1) whether Congress was really regulating an eco- failed—which then leaves open the possibility of using the Commerce Clause to nomic transaction when it prohibited cultivation or use of mar- uphold statutes that meet these criteria. I do not mean to suggest that the issues in Morrison, or for that matter in Lopez, were necessarily or objectively less sig- ijuana for medicinal purposes, and, more critically, (2) whether nificant than in other Commerce Clause cases. it would be better to uphold the statute even if that meant 8 317 U.S. 111 (1942).

19 involved a challenge to a small aspect of an otherwise constitu- that the majority’s emphasis on the scope of Congress’s regula- tional and comprehensive regulatory scheme; instead, the tory ambitions as a reason for upholding application of the statutes in those cases were stand-alone regulations that either Controlled Substances Act to medical marijuana “gives Con- were, or were not constitutional. Nor did either case involve reg- gress a perverse incentive to legislate broadly pursuant to the ulation of “economic activity,” whereas the regulation of locally Commerce Clause—nestling questionable assertions of its grown and consumed marijuana is “quintessentially economic”— authority into comprehensive regulatory schemes—rather than a term he defined to include at least “the production, distribu- with precision.” tion, and consumption of commodities for which there is an For his part, Justice Thomas reiterated his call for interpret- established, and lucrative, interstate market.” Further, once an ing the Commerce Clause according to original understandings economic activity exists, “[p]rohibiting the intrastate possession that would limit Congress’ power to regulation of “the buying or manufacture of an article of commerce is a rational [and com- and selling of goods and services trafficked across state lines,” monly utilized] means of regulating commerce in that product.” except where the Necessary and Proper Clause allowed broader In short, I would read the majority as stating that Wickard is regulation. While he admitted that on its face the general pro- the heart of Commerce Clause doctrine, while Lopez and hibition on intrastate growing, possessing, or distributing of mar- Morrison are, if not outliers, at least cases that merely police the ijuana might be necessary to regulating interstate commerce in outer boundaries of the doctrine to ensure that Congress is reg- marijuana, Justice Thomas insisted that federal regulation of the ulating economic activity in the broad sense defined by Raich, intrastate cultivation and use of marijuana for medical purposes which includes production, distribution, possession, or con- was neither necessary nor proper. As had Justice O’Connor, he sumption of a commodity that moves in interstate commerce or also complained that the majority placed too much weight on that either effects interstate commerce or effects the regulation the existence of a comprehensive scheme of regulation. of interstate commerce. What does all this mean for Commerce Clause doctrine? A Justice Scalia’s interesting concurrence insisted that snapshot suggests that the momentum of Lopez and Morrison has “Congress’ regulatory authority over intrastate activities that been stalled. A majority of the Court has made Commerce are not themselves part of interstate commerce (including activ- Clause doctrine important again and to some extent has forced ities that have a substantial effect on interstate commerce) a change in the vocabulary by which that doctrine is articulated. derives from the Necessary and Proper Clause.” His basic point But that majority has not yet managed to reformulate the sub- was that the Necessary and Proper Clause allows Congress to stance of the doctrine very much, primarily because Justices regulate “even those intrastate activities that do not themselves Kennedy and O’Connor have not been willing to push for a sig- substantially affect interstate commerce” if such regulation is nificant amount of change. “necessary to make a regulation of interstate commerce effec- Redefining doctrinal vocabulary can be a significant accom- tive” (and that it cannot regulate intrastate commerce in the plishment if it influences legislative activity or promotes sub- absence of such a necessity, as in Lopez and Morrison).9 As a stantive doctrinal change. Yet Lopez and Morrison received at prime example of this kind of situation, he observed that “[t]he best mixed reviews in the lower courts, and over the short term regulation of an intrastate activity may be essential to a compre- Raich will surely reinforce the inclination of lower courts not to hensive regulation of interstate commerce even though the do much with Commerce Clause doctrine, whatever the vocab- intrastate activity does not itself ‘substantially affect’ interstate ulary of that doctrine might be. Similarly, I am not aware of evi- commerce.” Application of this principle to the Controlled dence that Congress has shied away from regulation because of Substances Act’s regulation of locally grown and consumed mar- Lopez and Morrison (as opposed to because of turnover that may ijuana was “straightforward” and resulted in his vote to uphold have produced more members with greater sympathy for state the statute as applied. sovereignty). Put differently, and as I already suggested, the safe In dissent, Justice O’Connor took particular issue with the bet is to conclude that the heart of Commerce Clause doctrine majority’s “breathtaking” definition of economic activity, remains largely unchanged to date, so that Wickard is still a core which she claimed would “skirt the real problem of drawing a case while Lopez and Morrison represent subordinate efforts to meaningful line between ‘what is national and what is local.’” Under her interpretation of Lopez and Morrison, local cultiva- 9 Id. at 2216, 2218. By invoking the Necessary and Proper Clause to uphold the tion and use of marijuana for medicinal purposes is not an eco- statute, Justice Scalia laid himself open to the charge that he had “resort[ed] to the last, best hope of those who defend ultra vires congressional action.” Printz nomic activity because it is not commercial, and nothing in v. United States, 521 U.S. 898, 923 (1997) (Scalia, J.); see Raich, 125 S. Ct. at Wickard would allow Congress to reach so far. She also stressed 2226 (O’Connor, J., dissenting) (making such a suggestion).

20 define the periphery of permissible regulation. 10 account, I suspect, would be that there are some statutes Also worth highlighting, particularly for purposes of this arti- five or more justices . . . think are more or less good ideas, cle, is the fact that six justices have signed on to the idea that and others that five or more justices think are more or the existence of a comprehensive regulatory scheme allows less bad ideas; and that those justices will go to any (pur- Congress greater latitude, through the Commerce Clause and/or portedly doctrinal) port in a storm to reach the results the Necessary and Proper Clause, to regulate activities that have they think sensible. 11 substantial effects on interstate commerce, even if those activities are not themselves commercial or economic within the Although I am sympathetic to Tushnet’s analysis, I am not meaning of Lopez and Morrison (whatever that meaning may be). ready to go all the way with his application of Occam’s razor. That is, Congress may lack constitutional authority to regulate a Doctrine is plainly a moving target, and it often seems to move given activity standing alone, but if Congress regulates an entire much more according to attitudes than according to an apoliti- area that is related to that activity, it may gain the power to reg- cal internal logic. Yet I suspect that each of the justices tries ulate that activity as well. Still another way of putting this most of the time to be reasonably consistent in his or her atti- nascent rule—if that is not too strong a word—is that the more tude toward federalism, as well as in his or her efforts to craft Congress regulates, the more it can regulate. doctrine to reflect those attitudes. So, too, the justices almost I’ll end this section with two caveats. First, remember the always insert their doctrinal reasoning into an ongoing stream idea of distinguishing between what is truly national and what of precedent. Certainly they interpret earlier cases (readers is truly local (or, alternatively, the need to respect areas of tra- should feel free to substitute “twist” or “misread” for “inter- ditional state concern). Raich can be distinguished from Lopez pret”), but the felt need to take account of those cases tends to and Morrison not only because the regulation at issue is part of provide a real degree of constraint, particularly on the shape a comprehensive regulatory scheme, but also because regula- and tone of majority opinions. From there, one can usually tion of drugs and controlled substances has been an area of chart out an aggregate doctrinal landscape, even if the details national concern for roughly a century (depending on when remain generally fuzzy. In short, I would argue that the justices one begins counting) and is a topic that has national and even make a good-faith effort to at least run their sense of what is or international importance. Thus, perhaps Raich is the outlier is not a good idea through the maze of doctrine, and that this because it addresses the exceptional case, and Lopez and process constrains—but does not itself determine—votes, Morrison, interpreted as Justice O’Connor suggested, are the results, and reasoning in individual cases and over time. The core, normal cases—or so the Court reasonably might hold in result, with Commerce Clause doctrine as in other areas, is the next case. something more than results, even if also something less than That observation leads to the second caveat. Coming up coherence or consistency. with a correct doctrinal description of Raich—let alone a doctrinal assessment of Lopez, Morrison, and Raich, or of Commerce Clause doctrine in its entirety—may be a fool’s errand. Consider Mark Tushnet’s assessment of Raich soon after it was decided:

[F]or a while I thought we might regard the Supreme Court’s federalism decisions as reflecting, not so much a coherent doctrine, but an attitude toward federalism—a general lack of sympathy for claims of expansive national power, which lack could be overcome by something enough justices found sufficiently important. . . . The alternative, which I suppose is getting increasingly plau- sible, is that the Court doesn’t even have an attitude about federalism. What it has are, well, results. . . . I sup- 10 One could draw the same conclusions about Section Five doctrine and the pose that someone truly dedicated to making doctrinal impact of Tennessee v. Lane, 541 U.S. 509 (2004), except that Justice Kennedy has been more firmly in favor of limiting the Section Five power. sense of the cases—or someone who had to do so as a 11 Posting of Mark Tushnet to SCOTUSblog, “Understanding” Gonzalez v. Raich, matter of professional obligation—could come up with www.scotusblog.com/movabletype/archives/2005/06/understanding_g.html (Jun. something that worked. But a more parsimonious 6, 2005, 14:05 EST).

21 Tom Miller ’01 Riding at the Law

Although he was born in the Detroit empowered to help make better deci- area and raised in Phoenix, Tom Miller sions, recognizing that change doesn’t may have begun his career path while occur without advocacy. Public skateparks skateboarding and attending summer or ecosystem protection—the need for camp on Catalina Island, California. both seemed obvious to me.” His father “Catalina is a beautiful desert island, encouraged him to go to law school, but of which 86 percent is permanently Tom equated law school with his protected in its natural state. Upon father’s lifestyle, which was a no-go. reflection, my time on Catalina is proba- Eventually his father offered magical bly the genesis of my interest in envi- words of wisdom: “A legal education is a ronmental issues,” Miller says. But his tool; how you choose to employ it is path to law school was circuitous. “My your choice.” Miller says he suddenly got father is a lawyer and he worked a lot it: “I could go to law school, choose my when I was growing up. To my eyes, it own lifestyle, and use the legal skills to looked like a grindstone-to-gravestone advance an agenda of my choosing. It lifestyle, and it nearly was—he had was one of those big ‘Aha!’ moments.” triple-bypass heart surgery late in his Miller earned undergraduate degrees career. So it didn’t seem like some- in international affairs, environmental thing I wanted to emulate.“ studies, and geography, which, he says, Further complicating matters was reflect a desire to see issues from multi- his interest in skateboarding. Miller says, ple vantage points. After college he “As a skateboarder in the 1980s, you decided he wanted to “put it all togeth- distrusted the law because it was always er” and traveled in Central America chasing you. There were no skateparks. and later joined the Peace Corps in the Without safe, legal facilities you had no Dominican Republic. “I entered the choice but to skate wherever possible. Peace Corps to determine whether con- That experience colored my thoughts servation work in Latin America would on law and policy.” In college he took be my career path. The experience immediate interest in environmental answered that question: no. The pace issues. “Supporting conservation instead of change in Latin America was too of unplanned development was contrari- slow for me. Plus, I would always be an. As a kid I felt like most adults didn’t viewed with some degree of skepticism, understand skateboarding. Worse, they a proverbial stranger in a strange land. didn’t even try. Similarly, it seemed peo- So I returned to the States with a mis- ple in positions of influence weren’t sion: attend the law school with the best willing to recognize the need to rethink environmental program and become the a mindless development paradigm. Bear advocate I wanted to be. By that time in mind that the rate of growth in I had spent more than two years travel- Phoenix during my youth was an acre ing in Latin America so wanderlust had an hour. It’s accelerated since. One can taken a backseat to my desire to get an watch the demise of southern Arizona’s effective career established.” unique Sonoran desert in real-time.” During law school, Miller was active The more involved in environmental in the Northwest Environmental Defense advocacy Miller became, the more he Center and Public Interest Law Project, realized lawyers were playing key roles receiving a PILP stipend to intern in decision-making. “Since I grew up with the Land and Water Fund of the feeling dissed by society because I rode Rockies (now the Boise-based, indepen- a skateboard, I always wanted to be dent litigation firm Advocates for the West) between his first and second

22 “ As a skateboarder in the 1980s, you distrusted the law because it was always chasing you. There were no skateparks. Without safe, legal facilities you had no choice but to skate wherever possible. That experience colored my thoughts on law and policy.” years. During his second year in law school, Miller was one of PILP’s colead- ers, and he interned with the solicitor’s office, gaining exposure to the federal government’s legal mechanics on natural resource issues. Between his second and third year, he worked for the National Wildlife Federation in Anchorage, where the focus is policy. In his last year, Miller interned with Metro, Portland’s regional government, focusing on Goal 5, the state’s land use policy for fish and wildlife. “My bottom line was gaining the real-world experience necessary to obtain public interest employment in Portland. Finding paid, do-gooder employment in Portland requires some hustle; it’s a market that suffers from no shortage of highly qualified, well-intentioned people willing to work for next to nothing. I fell in love with Portland as soon as I arrived, and I knew a good job wouldn’t be found without preparation.” Through PILP, Miller was exposed to Equal Justice Works fellowships, paid two-year opportunities to build your own public interest legal job—aka the dream job. “It was apparent to me that I had to figure out how to apply for a fellowship. The challenge for me was that my interest was natural resource

23 “ My bottom line was gaining the real- world experience necessary to obtain public interest employ- After a rigorous application process, about improving the city, so corralling Miller was selected for a fellowship. He and managing his ideas takes effort. ment in Portland. was Lewis & Clark’s first-ever recipient. I work a lot.” Finding paid, do-gooder “I can say without hesitation that Lewis Fortunately Miller can’t imagine a & Clark’s extensive environmental cur- better job. “I work for an elected official employment in Portland riculum, the quality and assistance of who is smart, savvy, honest, and 100- its professors, and the summer clerk percent committed to public service. requires some hustle; opportunities I gained through the And, importantly, he values having a it’s a market that suffers school helped me land the fellowship. lawyer on staff. It’s fun to be the desig- In fact, I specifically recall looking at nated devil’s advocate. And despite the from no shortage of the course catalog as a prospective stu- long hours, I aim to fend off triple- dent wondering about the merits of a bypass surgery by commuting by bicycle highly qualified, well- class called “Salmon Law.” Little did and staying on my skateboard at the intentioned people I know then how beneficial that class city’s new public skatepark in St. Johns.” would be for launching my career. I Outside of the office, Miller is hap- willing to work for should also note that the seven attor- pily married and his first child was born neys who worked for the tribes during in May. He says he still chases adrena- next to nothing. my tenure there were all Lewis & Clark line for good times. “I’m usually riding law grads. The system could not have something: a skateboard, a bike, a snow- conservation and the only environmen- worked better for me.” board, something. As a family we’re tal work EJW funded was environmen- Following Miller’s time with the outdoors as much as possible and enjoy tal justice. Environmental justice work tribes, he reflected on how much he had Portland’s urban culture too. I love to is invariably focused on pollution pre- come to enjoy Portland. “It’s a special see live music at local clubs. My wife vention or control or mitigation, so place with a critical mass of enlightened and I have both spent considerable I scratched my head on that for a year.” citizens. I’m both proud and fortunate amounts of time abroad, and we travel His experience at NWF helped him to to call it home. I believe Portland will whenever possible.” connect the dots. NWF was promoting lead America—and the world—into a Last fall, Miller and his wife visited wilderness designation of the Copper sustainable future. It’s easy to be opti- the Netherlands. “It was a fascinating, River Delta—home to world-renowned mistic here. I want to be a part of that highly rewarding trip. Among other fish runs. One of their partners was the so I got involved locally.” things—and sorry to geek out here— Eyak Tribe, whose cultural survival Today Miller serves as chief of staff 30 percent of all transportation trips depends on salmon. “The fellowship for Portland City Commissioner, Sam in the country are made on bicycle. application came into focus: advocate Adams. He manages a staff of 14 and By comparison, residents of Portland— salmon recovery for Indian tribes in the serves as Adams’ lead policy advisor. repeatedly cited as the nation’s most Portland area as a matter of environ- “I’m sort of the ‘get things done’ guy. bike-friendly city—make 2.8 percent mental justice.” In this capacity I work with everybody of all trips on bicycle. Most important, Miller sought out Professor Mike whose interests intersect with the city many of the investments Holland has Blumm for counsel, who recommended commissioner. Additionally, Sam is the made to encourage bike use are replica- Miller contact the Portland-based city’s transportation commissioner, and ble here. The positive environmental, Columbia River Inter-Tribal Fish I am his liaison on matters of transporta- transportation, land use, and community Commission, which provides legal and tion policy, which remains an underap- impacts are staggering.” technical assistance to the region’s four preciated environmental issue today.” When his classmates and colleagues tribes with treaty rights to salmon. They The work itself involves the many dimen- comment on his success at finding a agreed to sponsor Miller’s application sions of politics and policy development, career that makes him happy and repre- to Equal Justice Works. “To get smart including intersection with the law. sents a good balance between his pro- on the relevant law and demonstrate “As any manager knows, getting 14 staff fessional goals and personal interests, to EJW my commitment, I also signed people who are assigned to different he recalls for them his father’s words up for Professor Bob Miller’s federal tasks to row their oars at the same pace of wisdom: “A legal education is a tool; Indian law class and Blumm’s salmon toward the same direction is a chore. use it in a way that makes you happy.” seminar.” Also, Sam literally never stops thinking

24 Lawyers With Families Maintain a Delicate Balance by Anne Senters ’08

When Judge Cirillo wrote that “the law is not the guarantor of an emotionally peaceful life,” 1 he may well have been describing Heather Decker’s situation. A contract attorney and mother of three (including 2-year-old twins), Decker is one of five attorneys who participated in a panel at Lewis & Clark Law School last spring dedicated to the topic of “Balancing Family and the Law.” Her good-natured approach to her almost fre- netic, but highly managed, lifestyle was largely shared by the other panelists: Colleen Clarke, Elizabeth Newell ’06, Nancie Potter ’78, and Dan Thenell. The panel was sponsored by Lewis & Clark’s Women’s Law Caucus. The panelists agreed that coordinat- ing life as an attorney with the demands of a family takes planning and compro- Dan Thenell, Heather Decker, Nancie Potter ’78, and Elizabeth Newell ’06. mise. Elizabeth Newell took this to heart when she and her husband decided to The panelists agreed that the ability husband both had trials in the same have a second child during her last year to designate a “go-to” parent can relieve week. The experience led her to carefully of law school. Having started law school pressure on the other parent and miti- consider her priorities, and ultimately with a preschooler, Newell was well gate scheduling conflicts that arise with she took an 11-year break from practice. aware of the challenges of mixing child- family and legal practice. Dan Thenell Choosing part-time work, practicing rearing with an intense study schedule. shakes his head as he remembers life as a in a field less susceptible to arbitrary Her meticulous planning paid off: she Washington County prosecutor before court schedules, or postponing practice delivered her daughter during winter his children were born: fielding phone for a few months or years are all options break of her third year. Newell is spend- calls in the middle of the night and wait- most parent/attorneys find themselves ing time with her family before starting ing into the early morning hours for considering at some point. Heather as an associate with Tonkon Torp this juries to return with verdicts. As the go- Decker works part-time from home and fall, when her husband will leave his job to parent for his two children, Thenell still finds very little “extra” time in the to care full-time for their daughters. realized a job change was a necessity. day. She begins her day at 6:30 a.m.— Now in private practice, Thenell says earlier if she wants to make time to exer- his schedule has much more give for cise—and does not stop moving until Joyce Ann Harpole Award accommodating the needs of his small her head hits the pillow again at night. and Scholarship children and for his wife’s career in With all she has on her plate, Decker With the presentation of the Joyce law enforcement. wryly notes her life is “complicated.” Ann Harpole Award and This kind of flexibility seems to be But she clearly echoes the other panelists Scholarship, the Law School each the key to making life with children when she says she wouldn’t have it any year recognizes an attorney and a work, especially in the legal field, where other way. current student who successfully long hours are traditionally the norm. For more information about practicing balance career, family, and commu- Nancie Potter, partner and civil litigator part-time or managing a flexible schedule, nity activities. In doing so, the with Foster Pepper Tooze, points out contact the Oregon State Bar’s Quality of school honors the late Joyce Ann that litigation can be a thorn in the side Life Committee (www.osbar.org) or the Harpole ’79, who exemplified pro- of the working parent/ attorney. Court- Oregon Attorney Assistance Program fessionalism with her delight for life driven schedules rarely leave room for (www.oaap.org). Additionally, Oregon and her ability to balance her doctor’s appointments or school events. Women Lawyers (www.oregon women- career, family, and community These scheduling issues are particularly lawyers.com) has a contract attorney responsibilities. She passed away in problematic for new attorneys who are service for making and maintaining 1994 at the age of 42. Both the often in the position of trying to plan contacts. award and scholarship recipients are families or who have young children at nominated by their peers. home. Potter recalls wondering which end was up a few months after the birth of her first child, when she and her 1 Armstrong v. Paoli Memorial Hospital, 633 A.2d 605, 615 (1993).

25 Law School News

Department Updates 2005-06 and junior high students in the Portland Services Office. This change has assisted area and is one part of our efforts to us in providing networking opportunities, Admissions Office increase diversity in the educational hosting alumni receptions locally and The quality of incoming students at Lewis pipeline. The students are brought to the across the United States, and strengthen- & Clark Law School over the past few Law School to participate in mock trials ing other options that allow alumni and years has been exceptional and we are and get positive exposure to the legal supporters of Lewis & Clark Law School pleased to share that the class entering field. Lewis & Clark Law School partners to stay engaged. in the fall of 2005 was similarly outstand- with local chapters of the federal TRIO Delivering information more efficiently ing. We are very fortunate that the strength program to organize the competition. This is a key part of increased outreach. The of our student body, as measured by test year’s program had the largest attendance Office of Alumni Relations has used scores, grade point averages, and wealth so far. We even received some media electronic communications and direct of experiences, has remained high despite attention, including a feature article in mailings to inform alumni of events and the fact that the number of people apply- the Oregonian. Several of our alumni and receptions. We look forward to increasing ing to law school has decreased. students were involved as judges and our e-communications and decreasing the There has been a noticeable decline instructors for the mock trial events. We number of direct mailings (printed pieces) in application rates over the past three look forward to offering this event every for a more environmentally sound years at law schools across the nation. In year and are happy to include anyone who approach to communication. the early part of the decade, application wants to get involved in admissions and As one result of our efforts to bring rates rapidly increased as people sought diversity efforts. you information more efficiently, the graduate degrees in response to economic Another admissions feature worthy Advocate, beginning with the summer downturns and greater competition in the of note is our website for admitted stu- 2006 edition of the Advocate Abridged, job market. With the economy slowly dents. We were one of the first law is now available on the Alumni Web improving and tuitions steadily increas- schools to provide an exclusive website page at law.lclark.edu/dept/lawalum. ing, prospective students are finding that for admitted students and from what we The Alumni Web page also hosts a graduate school is no longer the only, or can tell, our website is one of the most link to the new Alumni E-Store (www. sometimes even the best, option. While robust and interactive. It includes infor- cudaapparel.com/lcls.php), which features it is never easy to make predictions, we mation on housing, transportation, orien- Lewis & Clark apparel. Alumni can find expect this pattern of declining applica- tation, upcoming events, what to expect the latest Law School news on the Alumni tion rates to persist for the foreseeable as a first-year student, profiles of current News Blog, located at lawlib.lclark.edu/ future. students, and more. Through the website, blog/alumni. That said, things continue to go students can schedule a campus visit, ask The Office of Alumni Relations hosted smoothly in the Admissions Office. We questions of the dean and other adminis- an array of events this past year: the Bar routinely search for new ways to reach out trators, e-mail current students, join a Exam Hospitality Room in July and to prospective students and to expand our listserv so they can interact with one February, several class reunions during range of programs. Our student and alum- another, view housing listings, find room- Alumni Weekend, the Distinguished ni volunteers remain strong in number mates, respond to event invitations, and Honors dinner in November, 18 alumni and enthusiasm—and we are always happy complete forms necessary for attendance. receptions from Honolulu to D.C., and to have more involvement! Over the past The website has developed greatly over receptions in Boise and Pendleton for six years we have grown and improved our the years and we are delighted to be able graduates of the Law School, the Grad- Outreach Campaign, our effort to ensure to provide such a helpful and easy-to-use uate School of Education and Counseling, that each admitted student receives a service to new students. and the College of Arts and Sciences. We phone call or e-mail from a faculty mem- We sincerely thank those of you also hosted an alumni reception with the ber, current student, or member of the who helped us in our admissions efforts Minority Law Students Association and Board of Visitors. Students also receive this past year. Whether you attended an an alumni reception prior to the PILP personal letters from alumni in their spe- admissions reception or law school fair, Auction. We held the Holiday Apprecia- cific regions. In addition, we work closely became a member of the Alumni Network, tion Reception at the Hotel Vintage Plaza with the Office of Alumni Relations to wrote letters to admitted students, or to thank our volunteers for their efforts. connect our prospects and admitted stu- offered your perspective on your experi- The Alumni Board of Directors met dents with alumni throughout the coun- ence at Lewis & Clark Law School, we three times this academic year. The com- try using the Law School’s Alumni are most grateful! mittee structure was updated to clarify Network. This service is invaluable and Any alumni who are interested in roles, goals, and objectives. Among the we hope that more and more alumni will participating in our outreach efforts board’s key accomplishments, the Distin- choose to participate. should contact the Admissions Office at guished Honors Committee researched We are also thrilled with the success [email protected] or 800-303-4860. the alumni nominations and chose a of our third annual mock trial competi- —Shannon (Burns) Davis, Assistant Dean Distinguished Graduate, the Honorable tion, organized by Assistant Director of of Admissions Henry Kantor ’79, and a Distinguished Admissions Rigo Núñez. This program, Honorary Graduate, Paul Bragdon; the funded by a grant from the Law School Alumni Relations Scholarship Committee combed through Admissions Council, focuses on socio- Your Office of Alumni Relations has com- the 13 submissions and selected Elizabeth economically disadvantaged high school pleted its first year as a part of the Career Brodeen ’08 as the recipient of the Alumni Board of Directors Scholarship;

26 and the Reunion Weekend Committee bookshelf (recent acquisitions), research were both very active this year, sponsor- assisted in the development and imple- links, and guides. Be sure to visit the ing numerous events such as law firm mentation of activities on Alumni Law Library’s Alumni Services page at receptions, panels, speakers bureaus, Weekend. lawlib.lclark.edu/libraryinfo/alumni.php to barbecues, and nights at Trailblazer The Joyce Ann Harpole Awards find out about library services available to games, as well as a “Sustainability Week.” Reception was held April 4 at the newly alumni. Our annual Spring Business Law renovated Pioneer Courthouse. Carol —Tami Gierloff, Assistant Dean for Library Luncheon welcomed alumna Senator Bernick received the Attorney award Services Betsy Johnson ’77 (D-Scappoose) as our and Margot Litzenhiser ’07 received distinguished Business Law Graduate the Harpole Scholarship. Judge Ellen Business Law Program and Jack McGowan, executive director Rosenblum was the guest speaker. The 2005-06 academic year ushered in of SOLV, as the keynote speaker. Albany Quadrangle was filled with exciting new developments in the Busi- The business law faculty moved recent graduates, family members, and ness Law Program. On September 30, our forward with the creation of the Small their children on May 27. Dean James very successful 11th annual Business Law Business Legal Clinic, which opened in Huffman, Professor Ron Lansing, and Forum, Behavioral Analysis of Corporate September 2006 and is the capstone to Robin Jerke presented certificates to Law: Instruction or Distraction? kicked the Business Law Program’s comprehen- 47 children of the 2006 graduates. off the school year. Professor Jennifer sive curriculum of transactional skills Alumni involvement and participa- Johnson and Assistant Professor Geoffrey courses. The Center for Technology, tion continues to grow. The upcoming Manne planned the program and invited Entrepreneurship, and Law (CTEL) brings year will provide additional outreach, nationally recognized authorities in corpo- together Portland State University’s alumni events, and special events for the rate law to participate. The speakers pre- Graduate School of Management M.B.A. numerous alumni and friends of Lewis sented papers and engaged in lively dis- students and the Law School’s J.D. stu- & Clark Law School. We look forward cussion that continued the following day dents to work with high-technology start- to another exciting year of interaction on a glorious wine tour in the Yamhill ups. The Community Development Law with our alumni from Oregon and around Valley. Center (CDLC) practicum engages stu- the world. We also inaugurated two new events dents in transactions involving nonprofit —Robin Jerke, Director of Alumni Relations that will become annual programs. Our corporations doing community develop- first-ever Family Business Institute was ment work. Our Intellectual Property and Boley Law Library held October 15-16 and was cosponsored Corporate Counsel Clinical Internship Greater access to information and expan- by the law firm Holland & Knight. This seminar course places students in local sion of services were the hallmarks of the two-day event brought several members corporate counsel offices. The Small 2005-06 academic year in the Law Library. of family businesses to the Law School to Business Clinic will allow students to From searchable U.S. Supreme Court participate in discussions with a national- represent small businesses in a wide Briefs to podcasts of Law School events, ly known expert on issues of succession range of transactional matters. the Law Library had it covered. and family dynamics. Professor Jack —Lisa LeSage ’85, Assistant Dean for Did you miss a Law School lecture, Bogdanski, an economist, and law firm Business Law Programs symposium, or speaker? Just visit the Law speakers discussed recent tax law develop- School’s new podcast home, maintained ments, and Professors Ed Brunet and Career Services by the Law Library, and listen on your Jennifer Johnson were our wine-tasting The biggest news in Career Services con- computer or your portable media player experts at a reception for attendees. cerns the addition of a staff member—our at your leisure. Podcasts are simply online The new Corporate Directors Institute new public interest law coordinator, Maya audio files that are easily downloaded to a was launched November 11 and was Crawford ’03. Crawford brings a wealth computer or a portable device such as an cosponsored by Perkins Coie. This engag- of talent to our office and will be invalu- iPod. You can even subscribe to the pod- ing daylong education program for corpo- able to our efforts to enhance some of the cast feed and be alerted automatically to rate directors and officers drew over 60 Law School’s already strong public inter- new Law School podcasts. To hear recent attendees from some of Oregon’s largest est-focused programs, including our Pro podcasts and get more details about down- corporations. Professor Jennifer Johnson Bono and Community Service Honors loading or subscribing to the podcast and Enron prosecutor Leslie Caldwell programs and the Loan Repayment feeds, visit lawlib.lclark.edu/podcast/ were featured speakers. Several other Assistance Program. She will also be index.php. prominent local corporate leaders and advising students and alumni interested The Law Library added a wide assort- national experts spoke on corporate in pursuing public interest careers. ment of legal research databases this past governance issues. Throughout the year, the Career year. The two most notable are the Readex In March, our Intellectual Property Services Office offered our usual programs U.S. Congressional Serial Set (1817- Distinguished Visitor, Boston University and services, including the ever-popular 1877) and American State Papers (1789- School of Law dean ad interim Maureen Mentor Programs, specialized first-year 1838), containing the journals, docu- O’Rourke, gave a public lecture on soft- programs, over 80 career colloquia and ments, and reports of the U.S. Congress ware contracting. She spent a week visit- events, and our Breakfast With Judges. since 1789, and the U.S. Supreme Court ing classes and meeting with students We also served again as the primary plan- Records and Briefs 1832-1978 from Gale and faculty. The annual Business Law ner of the Northwest Public Service Thompson. Both databases are completely Roundtable featured a series of discussions Career Fair, which is a combined effort searchable and provide much better access on sustainable business, engaging leading of the region’s law schools. This year, the to historical materials than previously policymakers, business leaders, and envi- career fair was held in both Seattle and available through our microfilm collection. ronmentalists around Oregon. Our stu- Portland, giving students an opportunity As always, check our Law Library dent groups, the Business Law Society and to meet with public interest and public website at lawlib.lclark.edu for library Students Advocating for Business and service employers from our region and news, current legal news, our virtual Environmental Responsibility (SABER), those who come from across the country to meet with Northwest law students.

27 Other parts of the United States have in Smith, Doherty & Belcourt in Great also serves as an instructor and mentor for seen improvement over the past few years, Falls, Montana, is the governor-appointed IELP’s student law clerks. In her first year but Portland continues to be a challenging chair of the Montana Fish, Wildlife, and with IELP, Thorson has achieved interna- entry-level market. Understandably, many Parks Commission and has spent over a tional press recognition by petitioning the of our graduates want to stay in the area. decade in the Montana senate working on World Heritage Committee on behalf of We view it as our challenge to encourage environmental quality issues. Jerry Fish 12 conservation groups from Canada and students to consider seeking opportunities ’82 is a partner at Stoel Rives in Portland. the United States to list Waterton-Glacier in other regions. In 2005, we had a total A former geology and oceanography International Peace Park as a world her- of 223 graduates. Of those, 214 reported teacher, he concentrates his practice in itage site in danger due to the effects of they were actively seeking post-graduate natural resources law, with an emphasis climate change. work. Nine months after graduation, 198 on matters relating to oil and gas explo- In April, Professor Janet Neuman and (92.5 percent) of these reported they had ration and storage, hydroelectric project Assistant Director Lin Harmon-Walker secured employment and 2 were enrolled relicensing and compliance, and mining ’91, along with Anne Squier ’83 and John in full-time degree programs. for gold, silver, copper, coal, and industrial DeVoe of WaterWatch, organized a topi- This year, I had the opportunity to minerals. He has authored numerous arti- cal and fitting finale to the three-part travel quite a lot to visit our alumni and cles and is a frequent speaker on natural series of Lewis and Clark Bicentennial employers around the country and, espe- resources law issues. A member of the Environmental Law conferences. Western cially, in Oregon. As a result of those vis- Missouri, Oregon, and Washington state Instream Flows: 50 Years of Progress and its, I have received many job announce- bars, he has been listed in The Best Setbacks focused on Oregon’s 1909 Water ments and offers to assist our students Lawyers in America for the past 10 years. Code and 1955 Minimum Perennial and graduates. For that, I am very grate- Arlene Kwasniak LL.M. ’92 is a law pro- Streamflow Act, which pioneered the ful. Not surprisingly, making connections fessor at the University of Calgary, focus- concept of reserving instream flows in is still the best way for our students and ing on natural resources, municipal, envi- watercourses for beneficial public uses graduates to find great opportunities. We ronmental, sustainability, and conserva- such as fish, wildlife, recreation, and even hope you will continue to be supportive tion law and policy. She joined the facul- waterfalls. Although Western state water by sending us job announcements and ty after a decade of work with the Envi- laws now generally incorporate the con- mentoring or meeting with our students ronmental Law Centre in Edmonton, cept of preserving water for instream and new graduates. Many thanks and best Alberta. She has authored a number of flows, our success in actually preserving wishes for the coming year. authoritative scholarly works on conserva- those flows has been mixed at best. Key- —Libby Davis ’93, Assistant Dean for tion easements, wetlands, rangeland, note speaker Charles Wilkinson, renowned Career Services and Alumni Relations wildlife, and land-use planning. natural resources scholar and law professor Also honored during the evening was at the University of Colorado, and other Environmental and Natural Resources Kristin Ruether ’05, who received the water law, science, and policy experts Law Program annual Williamson Award sponsored and from around the country, including our The Environmental and Natural Resources funded by the Environmental Alumni own Professors Mike Blumm and Janet Law Program had another busy and excit- Association. Named for Professor Bill Neuman, convened for a rousing two- ing year, highlighted by our retention of Williamson, the award honors a recent day discussion of the ebbs and flows of the first-place ranking in U.S. News & Law School graduate who has demonstrated instream flow protection in a dynamically World Report. a commitment to the public interest envi- changing environment. Audrey Simmons In September, we welcomed our 18th ronmental field. Ruether is an attorney for was honored as the cofounder of Water- annual Natural Resources Law Institute the Oregon Natural Desert Association. Watch, the first organization in the West Distinguished Visitor, Eric Freyfogle, the Among other honors, in 2004 Ruether to focus solely on the protection and Max L. Rowe Professor at the University represented the Law School on its cham- restoration of river flows. Scholarly papers of Illinois College of Law. Freyfogle’s pionship national environmental moot from the conference will appear in an three-day visit coincided with the Law court team. upcoming symposium edition of School’s celebration of the 35th anniver- The environmental program was also Environmental Law. sary of its Environmental and Natural host this past year to two visiting scholars In January, Lewis & Clark welcomed Resources Law Program and culminated from Korea: Professor Hong Kyun Kim, Howard Latin, professor of law and Justice in his thought-provoking public lecture, a leading environmental scholar from John J. Francis Scholar at Rutgers School “A Goodbye to the Public-Private Divide,” Hanyang University College of Law in of Law at Newark, as the Law School’s which questioned societal assumptions Seoul, and Judge Hyun Suk Kim, who 2006 Distinguished Environmental Law about the ownership of private and public was on sabbatical from his post as a judge Scholar. During the spring semester, Latin lands. Freyfogle’s complete lecture appeared in Korea. Both came to study U.S. envi- gave talks and worked on completing a in 36 Envtl. L. 7 (2006). ronmental law and to visit some of our book, tentatively titled Saving Nature Immediately preceding Freyfogle’s lec- environmental classes. Despite Fools, Felons, and Experts, for ture, the Law School honored three envi- To help meet the growing demand Cambridge University Press that assesses ronmental law alumni as Distinguished for international environmental law edu- international conservation efforts. Latin Environmental Law Graduates. The Dis- cation, the International Environmental has spent many years traveling to more tinguished Environmental Law Graduate Law Project (IELP) hired Erica Thorson than 30 countries to conduct research on program was started in 1995 to mark the ’05 in the fall to serve as a project coordi- nature conservation issues. As a Fulbright 25th anniversary of the Environmental nator. Thorson works with Associate Scholar, he visited Australia in 1992 and and Natural Resources Law Program and Professor Chris Wold ’90, IELP director, South Africa in 1997. honors experienced alumni who have on marine and ocean-related issues, Con- Once again, the Law School’s team made significant contributions to the vention on International Trade in Endan- made an outstanding showing at the Pace environmental/natural resources law or gered Species of Wild Fauna and Flora National Environmental Moot Court policy fields. Steve Doherty ’84, a partner (CITES) issues, and other environmental Competition. Dawn Dickman ’06, matters of international importance. She

28 Law School News

Dan Mensher ’07, and Tami Santelli ’06, Indian Law Summer Program encompasses a vast array of practice areas coached by Professor Craig Johnston ’85 The Indian Law Summer Program has just and requires a significant level of cultural and PEAC Clinical Professor Melissa completed its sixth successful year. Over competency. Powers ’01, bested teams such as the 100 students have taken Indian law courses —Jeremy Aliason ’01, Indian Law Summer University of California at Berkeley offered through the Law School’s compre- Program Coordinator School of Law (Boalt Hall), the hensive program, which is the only one University of Virginia School of Law, of its kind in the country. We host National Center for Animal Law Boston College Law School, and the nationally recognized Indian law scholars The National Center for Animal Law University of Minnesota Law School in and feature some of the best professors in continues to establish a number of unique the early rounds, falling only to the even- the field, providing a unique opportunity and groundbreaking programs and resources tual champions, Louisiana State for law students to study the complexities for students pursuing careers in animal University’s Paul M. Hebert Law Center, of a wide range of Indian law topics. law. Our success is due to the passion and in the semifinals. Two teams of students Faculty have included the Law School’s dedication of animal law students, the represented the Law School at the Associate Professor Robert Miller and encouragement of Law School faculty and National Animal Law Moot Court com- Professor Michael Blumm, Alexander staff, the involvement of attorneys and petition at Harvard University this year. Tallchief Skibine from the University of organizations, and the contributions of The team of Robert Dell ’07, Celina Utah Law School, Frank Pommersheim dozens of individuals and foundations who Patterson ’06, and Jessica Walz ’07 did from the University of South Dakota recognize the importance of legal protec- extremely well in the early rounds, and Law School, Gerald Torres from the Uni- tions for animals. This year, our family of Patterson received a number of “best oral- versity of Texas Law School, and Patrice donors grew to include Mimi and Kerul ist” scores. Katherine Lin ’07, Kim McCoy Kunesh from the University of South Kassel, who have established a strong ’07, and Jamie Saul ’07 went on to place Dakota Law School. foundation for the expansion and future in the semifinal round and won Best Brief Students are encouraged to expand success of the center. Due to their gener- for the Appellants. Saul earned the honor their understanding outside the classroom. ous contributions, we have established of Best Oralist of the entire competition. The Clinical Internship Seminar, coordi- the nation’s first animal law scholarship At the National Environmental nated through Adjunct Professor Lea program and Animal Law Clinic at Lewis Negotiation Competition held at the Ann Easton ’87, allows students to work & Clark Law School. University of Richmond School of Law, in different practice areas of Indian law. Sarah Baeckler ’08 and Katherine two teams—Katherine Lin ’07 and Bryan Students are placed in a number of pri- Lin ’07 are the first Law School recipients Rousseau ’07, and Jared Kahn ’07 and vate and public sector positions with of the Jack Rogers Animal Law scholar- Stacey Lamont ’06—did a great job repre- organizations such as the Native Ameri- ships. Each student received $5,000. senting the Law School, according to can Program of Oregon Legal Service Students and NCAL staff were inspired coach Lin Harmon-Walker ’91, assistant (NAPOLS) and the Columbia River to raise additional funds for scholarships director of the Environmental and Inter-Tribal Fish Commission. by hosting events such as a pet photo Natural Resources Law Program. Kahn Students can also participate in a contest and raising pledges for a half- and Lamont went to the final round and field study program with Stephen Dow marathon through Team Animal Law. placed third overall in the national com- Beckham, Lewis & Clark College’s Dr. The establishment of the Animal petition. Congratulations are due to all Robert B. Pamplin Jr. Professor of History, Law Clinic raises the profile of the Law these outstanding students. and Dennis Whittlesey, prominent Indian School’s already successful animal law The faculty approved a new animal law attorney of Jackson & Kelly. Beckham program. Lewis & Clark students are law clinic, to be housed at the Law School and Whittlesey were instrumental in learning real-world skills through the and available to law students starting this helping several Oregon tribes navigate Animal Law Clinic. They draft model fall. The Law School received outside the complicated federal recognition legislation, assist in Oregon animal pro- funding to start and support this clinic, process. This year’s field seminar took tection litigation, and participate in regu- which will be directed by Laura Ireland place in Neskowin and included a visit to latory efforts. The clinic also provides Moore ’01, who also directs the National the Grand Ronde Tribal Headquarters. legal drafting and research assistance to Center for Animal Law housed at the Law This year, the program hosted a panel animal law attorneys and organizations, School. The new clinic will enhance the of local Indian law attorneys to provide both locally and nationally. In May, a animal law offerings at the Law School as insight into the daily issues of practicing Grants Pass jury awarded nearly $15,000 well as provide excellent practical skills in Indian country. Assistant U.S. Attor- for the intentional killing of a dog in the training for our students interested in this ney Tim Simmons ’91, Stephen Osborne clinic’s first case brought to trial. growing area of law. ’03 of Hobb Straus Dean & Walker, With the further expansion and The environmental program also con- Nathan Dexter (formerly of NAPOLS), growth of its pioneering animal law pro- tinues to sponsor three seminars per year Stephanie Striffler of the DOJ Attorney gram, the Law School will continue to for U.S. Forest Service and other agency General’s Office, Karen Quigley of the draw the most talented animal law stu- employees on the Endangered Species Commission of Indian Services, and dents and ensure they become effective Act. Professor Dan Rohlf serves as the Shayleen Idrogo of the Klamath Tribes voices for animals in the legal system. lead instructor on these programs. spent a lively lunch hour sharing personal —Laura Ireland Moore ’01, Executive —Janice Weis, Assistant Dean for the anecdotes about the practice of Indian Director of the National Center for Environmental and Natural Resources law and answering students’ questions. Animal Law Law Program The panelists agreed that Indian law

29 New Clinic Aids Small and Emerging Businesses

The Law School is proud to announce the fall 2006 opening of the Small Business Legal Clinic, which offers students an opportunity to do hands-on legal work by representing small businesses in a wide range of transactional matters. The Small Business Legal Clinic is the capstone to one of the most comprehensive business law transactions programs in any law school in the country. Students can choose to work with nonprofit corporations at the Community Development Law Center; represent start- up high technology ventures working with Portland State University M.B.A. students in the Center for Technology, Top: Lisa LeSage, assistant dean and director of business law programs and executive director Entrepreneurship, and Law (CTEL) of the SBLC; Maggie Finnerty, clinical professor; and Steve Goebel, chair of the SBLC course; work in corporate counsel offices board of directors. Above: Home of the SBLC in downtown Portland. throughout the Portland metropolitan area in the Corporate Counsel/IP Clinical Internship seminars, or represent small law firms, will offer a coordinated pro over the next three years. This amazing businesses at the Small Business Legal bono program for small businesses. In commitment of public and private part- Clinic. addition, the clinic will be actively ners has enabled the Small Business Under the supervision of Maggie involved in the business community, Legal Clinic to open its doors. Finnerty, our new clinical professor, stu- working with the small business develop- Clinical Professor Maggie Finnerty dents will represent small and emerging ment centers and many chambers of brings us a wide range of business and low-income, minority, and women- commerce, as well as local law firms, to legal experience. Finnerty previously owned businesses in the Portland metro- provide speakers for workshops and other practiced corporate law at Stoel Rives politan area in a wide variety of transac- technical assistance. in Portland for several years, and then tional matters. Small businesses are the This clinic is unique in that it is the worked in-house at a small technology backbone of Oregon’s economy, but only law school-sponsored business law start-up. She was an honors graduate despite their enormous contribution, clinic in the country that is the result of the University of Oregon Law School. there are no coordinated legal services of a public-private partnership between She will teach the clinical classroom focused on serving the needs of small, a law school and public agencies as well component, as well as supervise law stu- low-income, and minority entrepreneurs. as private firms. The City of Portland; dents, assist with the pro bono program, In addition to its critical role in teaching Portland Development Commission; screen cases, and work with small busi- transactional business law skills to new Portland Business Alliance; Bank of the ness development centers. We give lawyers, the Small Business Legal Clinic, West; and the law firms of Miller Nash; Maggie a hearty welcome to what will in cooperation with the bar and several Schwabe, Williamson & Wyatt; Stoel most certainly be an exciting and busy Rives; and Tonkon Torp have commit- new career! ted substantial funds to sustain the clinic 30 Pro Bono and Community Service Work Honored

The Eighth Annual Pro Bono and Com- munity Service Honors Awards ceremony was held on April 18. Sue Gerhardt of the Washington County Circuit Court Family Law Assistance Program was the featured speaker. This year 67 pro bono awards and 28 community service awards were presented to students who contributed a combined total of more than 8,500 hours of volunteer service. The Pro Bono Honors Program at Lewis & Clark was founded in 1998 to provide recognition for law students who Top: Recipients of the 2006 Pro Bono and Community Service Honors Awards. perform at least 30 hours of pro bono ser- Above: Three-time recipients Roberta Philip ’06, Emma Miller ’06, Frank Lupo ’06, vice to the community. Since its incep- and Maja Haium’06 with awards presenter Sue Gerhardt. tion, the program has continued to grow each year, recognizing more students and Sam Gomberg Andra Popa Sara Bagheri expanding the reach of the program to 2005-06 Pro Bono John Grant III Annie Rooney Linda Barrera include new nonprofit and community Honors Award Maja Haium Sarah Rowe Lizzie Brodeen organizations. During the past year, stu- Recipients Sara Hart Kasia Rutledge Joel Bueno dents volunteered time locally and across Amy Arnett Anna Hertzman Jamie Saul Brett Cattani the country with organizations that Whitney Bindreiff Erika Holsman Eric Shoemaker Peir Chu include Cascade Resources Advocacy Jay Bodzin Jared Kahn Chris Shull Alfredo Foster Jr. Group, Center for Environmental Law Sherry Bosse Kevin Kerr Anna Stasch Elizabeth Gillingham and Policy, Clackamas Women’s Erin Brady Erin Kollar Jaime Taft Sarah Harlos Services, Community Alliance of Brook Brisson Miles Kowalski Duke Tufty Erica Herb Tenants, Legal Aid Services of Oregon, Lizzie Brodeen Kenneth Kreuscher Loren Tung Renee Haslett National Center for Animal Law, Briana Buban Jessica Kuchan Amanda Villa Stacey Jon Oregon Law Center, and St. Andrew Amanda Buck April Kusters Joanna Wagner Joo Young Lee Legal Clinic. Andrea Carrillo Kerry Lear Jessica Walz Sophia Lee The Community Service Honors Brett Cattani Katherine Lin Matt Washchuk Frank Lupo Program was initiated in 2001 to recog- Chris Clark Mukunda Loprinzi Courtney Watts Jose Masso IV nize students for nonlegal volunteer ser- Alicia Cobb Margot Lutzenhiser Mary Wiencke Jessica Minifie vice to the community. This year, students David Copeland Jamie Magdovitz Morgan Wyenn Charles Neal volunteered with several organizations, Elizabeth Crosson Jacob Martinez Ashley Yorra Sujata Patel including the Children’s Cancer Associa- Dawn Dickman Megan McGill Sarah Petersen tion, Franklin High School “We the Phil Duong Emma Miller 2005-06 Roberta Phillip People” program, Loaves and Fishes, Jeff Ellsworth Alaina Mowery Community Andra Popa Muscular Dystrophy Association, and Julie Falender Lisa Murphy Service Award Kasia Rutledge Oregon Youth Rugby. Recipients Misty Fedoroff Orion Nessly Theresa Tran Joel Acuario Jay Flint Naeem Nulwala Rakeem Washington Molly Allison Lauren Goldberg Monica Patel

31 Commencement 2006 While the sun stayed hidden, more than 230 graduates received their J.D. and LL.M. degrees on May 27. Latvian judge Anita Usˇacka, one of 18 judges to serve on the International Criminal Court in The Hague, was the commencement speaker. “Judge Usˇacka’s career has spanned from the Soviet era through Latvian independence and service on the Constitutional Court to the International Criminal Court with an unwavering commitment to the rule of law and to social justice,” said James L. Huffman, Dean and Erskine Wood Sr. Professor of Law. “We are honored to welcome her as our commencement speaker.” In her remarks to the graduates, friends, and family, Judge Usˇacka urged graduates to “create a legal career in which you can find satisfaction today and to which you can look back on with pride in the future.” She went on to offer several points of advice, one of which was to find a sound work-life balance. “There will be periods when you have to sacrifice most of your time and your energy to accomplish your professional goals. However, you should never forget the other things that life has to offer. I am primarily referring to your families and your friends who have been with you all your life and who will want to continue sharing your lives with you in the future.” The International Criminal Court is the first permanent, treaty-based international criminal court established to promote the rule of law and “ensure that the gravest international crimes do not go unpunished.” Usˇacka was elected in 2003 to a three-year term from the Eastern European group of states and is assigned to the trial division. The following year she was named the judge in charge of the international court’s judicial capacity strengthen- Clockwise from top right: ing program. She has recently been elected to a Anita Usˇacka I Emma Miller second term on the court. and Megan Bredeweg I Prior to her service on the court, Usˇacka was Geoffrey Evans, Tami Santelli, elected as judge to the Latvian Constitutional Court Melissa Fung, and David when that body was created in 1996. From 1994 to Roghair I Becky Larson, Erin 1996, she served as executive director of the Latvian Hauck, and Jessica Kuchan branch of the United Nations Children’s Fund. She I J.R. Ujifusa and Andrew began an affiliation with Latvia University’s constitu- Irvine I Elizabeth Loebach, tional law department in 1975 and in 2002 was Lynne Llloyd, Bristol Vaudrin appointed to a full professorship by that institution. Haggstrom, and Oubonh She has directed and contributed to a number of Phomvisay White crucial projects integral to the transition to democra- cy in central and eastern Europe. She has written reports and papers promoting the establishment in Latvia of the rule of law, protection of human rights, administrative law reform, constitutional law reform, fair-trial guarantees, and judicial training and reform, among others. She is an expert in international humanitarian and public law, with a particular focus on the rights of women and children, and she lec- tures on the fundamentals of law, constitutional law, comparative law, public law, and human rights law. Usˇacka earned her law degree from Latvia University and her doctorate from the Faculty of Law in Moscow State University. Since 1990, she has studied, researched, and taught at the University of Notre Dame and at Lewis & Clark Law School, and held a Max Planck fellowship and a fellowship at the International Institute for Human Rights in France.

32 Rebekah Eleanor Lu Tamara Stewart Santelli Connie C. Lukes 1 Anna Oluffa Sappington 2 Frank Robert Lupo Nathan David Scherer Christopher Mark Luttkus Scott D. Schnuck Kelly Anne Luzania Jennifer Rose Schwartz 2 Alison L. Maddeford Christopher Tylon Scott Martha Davey Mathews Irene A. Scruggs Kristin Elizabeth May Christopher Keefe Sedgewick Cory Conditt McClure Barbara J. Seipp 1 Scott Conner McCracken John David Semones Cheryl Lynn Murphy McGrew 1 Ryan Shaffer 1 Robin Rojas McIntyre Ghassan Hosni Shawli Evander Roderick McIver IV D. Kevin Shipp Andrew McLain Marcus M. Shirzad Eric Wallace McQuilkin Paul William Shoen 2 Casey Blake Harris 2006 Graduates Chelsea Caroline Chilcoat Layne Judson McWilliams Jaclyn Christine Sias Julia Rose Harvey Robin Marie Chisamore Kathleen Anne Mendoza Joshua Douglas Smith Erin Michelle Hauck Juris Doctorate Marcus Herbert Chong Tim Kelly Joanne Menjivar John A. Somoza 1 Samuel Thomas Hayden Nader Safwat Absood Christopher John Clark Matthew Lake Merrill Bennett Preston Starnes Alexander Hays V Gregory Marshall Adams Emily Frances Collins Lucas Quinn Meyer Thomas T. Steinhoff Ronald Ray Heard Christine Michelle Angeletti Chad Michael Colton Mariyetta Alexis Meyers 2 Robert Leonard Stepans Amy Kathryn Arnett Erica L. Herb Fay Stetz-Waters 1 Jennifer Lee Coughlin Amy Saeger Miller Amanda J. Austin Sunrise Adele Cox Heather A. Hickman Deborah J. Stojak Emma Elizabeth McAlister Miller Anthony Reza Azadeh Elizabeth D. Cranston 2 Lauren Esther Holtzman Ryan Jack Straus 2 Jessica Lea Minifie Peter Ragnar Azzi Courtney Ann Crowe Abigail Marie Howard Rachel Sue Sussman Kenneth Stephen Mitchell- Katherine Teresa Badenoch Heath Curtiss Gordon Hugh Howard Daniel John Swendsen Phillips Sr. Aubrey Elizabeth Baldwin 1 Cory R. Dalmata 2 James Marshall Howard Erica Jayne Thorson 1 Christopher Willson Mixson Laura Lee Baldwin Nicole Terece Dalton Jennifer L. Howard Matthew David Ticaric 1 James Colin Moering David G. Banks David Dames LoraLee Wirth Howland 2 Sommer Elizabeth Tolleson 1 Brian Harold Montgomery Kristen Michelle Baptiste Amrit Pash Dhillon Philip Reinhold Markwart Hunt 1 Jedediah Richard Tomkins Kenneth Scott Montoya Jill Elisabeth Barrett Rachel Elizabeth Diamond 1 Shiori Iinuma Virginia E. Trent Alaina Joan Mowery Jennifer Anne Becker Eames Dawn Marie Dickman Andrew Abbott Irvine 2 Jonathan Henry Tucker James Bernard Murphy Thaddeus August Betz Bart Cheney Dickson 1 Jamie Peter Jeffers Glen H. Ujifusa Jr. Stephanie S. Nelson Corey Dennis Beyer Kristen Wesenberg Doak 2 Jinnifer Sarah Jeresek Maite Uranga Elizabeth Anne Nevis Randi Lee Black Natasha Leigh Dolezal Katie Jo Johnson Bristol Dawn Vaudrin Haggstrom Elizabeth Rachel Newell Shane F.T. Black Elisa Janine Dozono Leif Paul Johnson Amanda Rae Villa Jason Powell Nixon Ian Patrick Boisvert Sean Paul DuBois 1 Gregory Lee Jones Kristen Claire Jorgensen West 1 William Alexander Noland 2 Sharon Bolesky Philip Phong Hung Duy Duong Andria Michelle Moon Joseph Esther Lané Westbrook Holly Beth Nostrant Brent Edward Boness 2 Heather Ann Ebert Shems Baker Jud Julia Anna Williams Holly Christine O’Dell Anthony Joseph Bonucci Jacob Thomas Eckmann Jessica Owen Kampfe Jessica Ann Wilson Bonnie Helen O’Hara Leila Borazjani Paul Robert Edison-Lahm Jayme Richards Kimberly Kristin An Winges Stacey Anne Olson Tara Ann Bosch Holly Lynn Edwards Monica Clarise Kinney 2 Lily J. Wong Siwon Park Jared Charles Bowman Elizabeth Kristiana Engberg Leyla Rachel Amani Knight Jeffrey W. Woodcox Monica Patel Brenda Michelle Bradley 1 Eric Scott Evans 2 Joanne Ko 2 Rebecca J. Yasnoff Celina Renee Patterson Erin Leigh Brady Geoffrey Crawford Evans Shawn Jason Kolitch Natalia Yegorova Nicolas Frank Patterson Jacob David Braunstein Graham Fisher Erin Riley Kollar Jeffrey Yen Cara Leigh Patton 1 Megan Ann Bredeweg Mark Donahue Fitz Winter Rosemary Kortum Guojun Zhou Phaedra Elizabeth Paul 1 Adam Johnston Brittle Bryan B. Francesconi Kenneth Ari Kreuscher Jessica L. Pendergrass 1 Master of Laws Michael Scott Broadwell Greta Freudenberg Jessica Camille Kuchan Kathryn Andine Petersen 2 Environmental and Natural John H. Brolin Adam M. Friedman Matthew Curtis Lackey John Eric Peterson Resources Law Jim Brunberg Melissa Joy Fung Stacey L. Lamont David Harrison Becker 2 Briana G. Buban Peter Galambos Becky Lynn Larson 1 Michael B. Peterson Jennifer Lisa Fordyce 2 Daniel Budihardjo Jeneé Louise Gifford 1 James Alan Larson Roberta Maria Phillip Keith Samuel Gibel Joel Johan Bueno Elizabeth Gillingham Arthur Patrick Crocker Leahy Oubonh Phomvisay White Thomas Emil Grenville Jr. Gillian Lea Bunker Olivia Godinez Chad Jonathan Lee 2 Robert Davíd Pilz Jason Alan Hill Benjamin J. Byer 2 Mary Elizabeth Godwin Donna L. Lee Andrew James Pratt Julie Ann Root 1 Robert Scott Byrd Sarah Young Lee Sunil Kosuri Raju Antonio J. Gonzalez Norio Sugasawa Justin James Cabrera 1 Kimberly Martin Graves Ye Jee Lee James Warren Reidy 2 1 Courtney Guynes Carter Adam Greenman 2 Daniel Kevin Le Roux Suzanne Marie Revelle 1 December 2005 graduate Matthew Arthur Casper Megan L. Grill Noah Lazarus Levin Kathryn Paige Roberts 2 Student had not completed Milan Elias Castillo Jason Louis Grosz Joshua M. Levy Andrew Douglas Robinson requirements for graduation by 1 commencement date. Bernard Alistair Martin Phillip Justin Haberthur Ben Thana Lila Amy Jean Rogers Chamberlain Maja Kirsten Haium Sabrina Lynne Lloyd David Lev Roghair Linna Rong Chen 2 Kelly S. Hansen Elizabeth Kain Loebach Wyatt E. Rolfe Yan Chen Kelly Lynn Harpster Mukunda B. Loprinzi Sindy Mariam Sadri

33 Law School News

Doug Newell Honored With Leo Levenson Award

Doug Newell, the Edmund O. Belsheim Professor of Law, was selected for the Leo Levenson Award by members of the 2006 graduating class. He also received the honor last year, and this Levenson award is his fifth.

The award honors excellence in teaching and is named for Leo Levenson (1903-81), a distinguished attorney and Oregon State Bar member for 56 years. Levenson was a highly respected Law School instructor for many years.

Commencement Ceremony Recognizes Children Cornelius Honor Gordon H. Smith Hall was filled with recent graduates, family members, and their children on May Society Reception 27, 2006. Dean James Huffman, Professor Ron Lansing, and Robin Jerke, director of alumni rela- New members of the Cornelius Honor Society, tions, presented certificates to 47 children in appreciation for their special contributions to the along with their families and faculty members, achievements of the Lewis & Clark Law School graduates in their lives. gathered on the evening before graduation to celebrate their induction. The Cornelius Honor Society is the honorary organization of the Law School. Members of each graduating class are selected for the society on the basis of superior scholarship, leadership, and contributions to the Law School community.

2006 Members Amanda J. Austin Aubrey Elizabeth Baldwin David Harrison Becker Sunrise Adele Cox Heath Curtiss Dawn Marie Dickman Geoffrey Crawford Evans Elizabeth Gillingham Antonio J. Gonzalez Alexander Hays V Jinnifer Sarah Jeresek Gregory Lee Jones Shawn Jason Kolitch Stacey L. Lamont Sabrina Lynne Lloyd Frank Robert Lupo Kelly Anne Luzania Emma E.M. Miller Kenneth Stephen Mitchell-Phillips Sr. Christopher Wilson Mixson Elizabeth Rachel Newell Celina Renee Patterson Dean James Huffman presents certificates to the children of John Somoza ’06. Roberta Marie Phillip Tamara Stewart Santelli Erica Jayne Thorson Jessica Ann Wilson

34 Procrastination Poetry Oregon Law Institute Around finals time, procrastinating becomes a popular activity among law Lewis & Clark Law School students. This spring, several Law 620 S.W. Main Street, Suite 706 School staff members decided to create a particularly appropriate distraction Portland, Oregon 97205-3037 from studying—a procrastination poetry 503-768-6580; 800-222-8213 contest. Students could enter haikus [email protected] in two categories: law school in general and law school subjects. Jim Huffman, the outgoing dean, announced the con- Upcoming Schedule test winners on April 28. Topics and details are subject to change. Please check our Grand Prize Winner website for up-to-date program information and a list of tapes and books available from past programs. Dean Huffman steps down— He leaves us all now deeply Friday, October 20 Oregon Government Law 2006 Feeling for-Loren. Oregon Convention Center, Portland Casey Harris ’06 Friday, October 27 Deposition Techniques With David B. Markowitz Law School in General Oregon Convention Center, Portland First Place Friday, November 3 19th Annual Ethics CLE Spring has awakened Birds chirp melodiously; Oregon Convention Center, Portland Request venue change Friday, November 17 Litigation Strategies and Tips Hadas Aguilar ’08 Oregon Convention Center, Portland Second Place Friday, December 1 Estate Planning for People with Disabilities hopefulness fading Oregon Convention Center, Portland circling insanity Third year parking lot. Friday, December 8 Legislative Advocacy Alaina Birkland ’06 Oregon Convention Center, Portland

Third Place Vegans, Libs, and Dems! Is something in the water? Please God, save my soul. www.lclark.edu/org/oli Spencer Hunter ’08 Law School Subjects First Place Self-Incrimination Professor Kroger, I wish the 5th Amendment Applied to exams. Sarah Petersen ’08

Second Place Law school confuses: Thought I knew Constitution; Received Funk-ing grade. Casey Harris ’06

Third Place Criminal Procedure Coercive oral Dissipation of the taint; Con law subtlety. Erica Naito-Campbell ’08 Law School News

Distinguished Honors Harpole Attorney Award Nominations Sought Nominations Sought Save the Date! Feeling inspired by a colleague’s contri- In celebration of the life of Joyce Harpole, the butions to the legal profession, the com- Harpole Attorney Award recognizes lawyers Law, Science, munity, and Lewis & Clark Law School? who work quietly in pursuit of justice while and Environment Don’t keep it to yourself! Nominate a maintaining a sense of balance between their deserving achiever for the Law School’s legal careers and their personal lives that dis- Conference Set Distinguished Graduate Award or tinguishes them within the legal community. Distinguished Honorary Graduate You are invited to nominate a colleague for Spring 2007 Award. It’s quick, easy, and a profound who reflects those traits by meeting the fol- way to recognize the heroes among us. lowing criteria: On April 19 and 20, Lewis & Clark Law School will host a And, remember, someone may be nomi- I Delight for life, with a clearly lived balance nating you! multidisciplinary conference between career, family, and community. exploring the intersection of The Distinguished Graduate Award I Well-prepared, vigorous advocacy with a is given to a graduate who has used his science, public policy, and commitment to fairness and just results. environmental law. Organized or her degree from the Law School to I Positive community involvement. by Professor Dan Rohlf, the make a positive mark on his or her pro- I Diligence in all aspects of life. conference will convene envi- fession and whose contributions to the I Overall personal and professional integrity. ronmental scientists, lawyers, legal profession and the community I Membership in the Oregon State Bar. have brought honor and distinction to and policymakers to seek a bet- the Law School. To nominate a deserving individual, ter understanding of how law The Distinguished Honorary please provide the following information: and policy interact with science. Graduate Award is given to an individ- 1. Colleague’s name. Using some of the thorniest ual who, though not a graduate of the 2. Detailed description of how the environmental problems of our Law School, exemplifies support for and individual fits the criteria listed above. era as a launching point, this commitment to Lewis & Clark and 3. At least two additional references whom interactive session will investi- whose generosity and leadership pro- the selection committee may contact for fur- gate the integration of the nat- foundly help strengthen the Law School ther information on the nominee. Please ural and social sciences as a key both today and beyond. include a phone number for each reference. strategy for environmental problem-solving. For more informa- To nominate someone, please con- Remember, this is about how well the tion, contact Professor Rohlf at tact Robin Jerke, director of alumni nominee’s balance’s career and personal life, 503-768-6707 or relations, at 503-768-6607 or as well as other achievements. Please write [email protected]. [email protected]. your nomination thoughtfully and thoroughly; it is critical to the selection process. Poorly written nominations will not pass the first screening. Please contact Robin Jerke, director of alumni relations, at 503-768-6607 or [email protected] if you would like to submit a nomination.

Save the Date! PILP Auction 2007, The Wild West

Calling all cowboys, cowgirls, cowpokes, and wranglers! The members of the Public Interest Law Project and the entire Law School community invite you to attend the 17th Annual PILP Auction on Saturday, February 24, 2007. This year’s theme is Wild West and, as always, there will be amazing items up for auction, great food and beverages, and sizzling entertainment. Best of all, proceeds from the auction go directly to PILP’s summer stipend program, which provides funding to enable regional and national nonprofit organizations to hire summer law clerks from the Law School.

36 Alumni Receptions

Boise

On June 6, Jim Huffman attended his final alumni reception as dean. He was joined by Jim Vogt ’07 and Greg Adams ’06. Libby Davis ’93, assistant dean for career services and alumni relations. Pictured above: Stephanie Ebright ’03, Alex Ebright, Rachel Winer ’98, Tim Breuer, and Dean Jim Huffman. Anchorage

On June 20, Professor Bill Funk visited with Anchorage alumni. He was joined by Libby Davis ’93, assistant dean for career services and alumni relations, and Robin Jerke, director of alumni relations. Left: Joan Wilson ’96, Kristi Johnson ’99, and Terry Horton ’99. Above: Liz Pifke ’05. Phoenix On June 22, staff members of the Law School Career Services Office were joined for lunch by Phoenix alumni. From bottom left: Heidi Nunn- Gilman ’05; Vicki Nelson, career services administrative specialist; Todd Westersund ’98; Ellen Jones ’91, director of career services; Peter Moolenaar ’05; Tony Misseldine ’87; Jim Varon ’75; Maya Crawford ’02, public interest law coordinator; Brent Bryson ’97; Libby Davis ’93, assistant dean for career services and alumni relations; and Mike Morgan ’05.

37 Alumni Weekend, August 18 and 19

1976

1981 1986

Alumni from around the country gathered in the warm Oregon sunshine for 1996 a weekend of festivities. The classes of 1996, 1986, 1981, and 1976 celebrated with reunion gatherings.

38 Alumni Calendar of Events for 2006-07 All events begin at 5:30 p.m. unless otherwise noted.

On Friday evening, alumni, faculty, and staff October enjoyed a reception in the Law School amphithe- Salem Tuesday, October 17 ater. Saturday’s events included a golf scramble, Distinguished Honors Dinner Saturday, October 28 family picnic, and class dinners. November D.C. Alumni Thursday, November 2 Seattle Tuesday, November 28 Hawaii Alumni/ Admissions Reception Thursday, November 30

December Alumni Board Meeting Wednesday, December 6 Holiday Reception Wednesday, December 6

January Washington, D.C., Alumni Reception Wednesday, January 3 San Francisco Alumni/ Admissions Reception Tuesday, January 9 Los Angeles Alumni/ Admissions Reception Wednesday, January 10 Portland Alumni/ Admissions Reception Thursday, January 18 Portland Alumni/ Admissions Reception Wednesday, January 24

February Eugene Alumni/ Admissions Reception Tuesday, February 6 Denver Alumni/ Admissions Reception Thursday, February 8 Bar Exam Hospitality Room Tuesday and Wednesday, February 27 and 28 PILP Auction Saturday, February 24

March Eugene Environmental Alumni Reception Friday, March 2 RiverPlace Alumni/ Admissions Reception Tuesday, March 22

April Harpole Awards Reception First week in April Alumni Board Meeting– Scholarship Recipient Wednesday, April 11

May Medford/Ashland Alumni Reception Thursday, May 10 Cornelius Society Event Friday, May 25 Children’s Commencement Saturday, May 26

Dates are subject to change. Please check the alumni website for the latest information. Faculty and Staff News

Professor Paula Abrams will publish a book in 2007 with the University of Michigan Jeremy Aliason ’01 Press on the historic case Pierce v. Society Joins Staff of Sisters. Jeremy Aliason ’01 has joined the Law Professor Michael Blumm has published School staff as the Indian Law Summer “Practiced at the Art of Deception: The Program coordinator. He will oversee the Failure of Columbia Basin Salmon Restora- unique program, which combines substan- tion Under the Endangered Species Act,” 36 Envtl. L. no. 3 (2006), an article he tive courses in Indian law with field study coauthored with Erica Thorson ’05 and in Indian country and diverse internship Josh Smith ’06. Lexis-Nexis published a opportunities. Announcing his hiring, revised version of his chapter on the Associate Dean for Admissions and Columbia River Basin in volume 6 of the Academic Affairs Martha Spence ’84 stat- treatise Waters and Water Rights. Blumm ed, “Jeremy’s enthusiasm for the program is at work revising his casebook Native and the background he brings to it are American Natural Resources Law for wonderful assets.” Carolina Academic Press. While a law student, Aliason received the Joyce Ann Harpole Scholarship and Henry J. Casey Professor of Law Ed Brunet was elected to the Cornelius Honor was on a one-semester sabbatical this Society. His Native American heritage is spring. He completed work on a third edi- Seminole and Creek and he is a member tion of his alternative dispute resolution of the Federal Bar Association American book and a third edition of his Summary Indian Section. He is also a member of Judgment: Federal Law and Practice. In the Oregon State Bar and the Oregon State Bar American Indian Section. between writing new footnotes and note Prior to joining the Law School, Aliason lived in the Bay Area. He and his questions, Brunet traveled to New Zealand wife, Inger, who just began a fellowship at OHSU in pediatric anesthesiology, have and South Africa. His visits included trips two daughters: Ruby and Elana. to scores of wineries and solidified his view that New World wines rock. Legal Writing Professor Bill Chin ’94 was Professor Henry Drummonds coordinated perspective on the Takings Clause was appointed by Governor Kulongoski to a and moderated the Law School’s 12th published on CPR’s website. In April, seat on the Oregon Commission on Asian Annual Business Forum, The Aging of the Funk and Janice Weis, director of the Affairs for a three-year term. The appoint- Baby Boomer and America’s Changing Natural Resources and Environmental Law ment was approved by the Oregon Senate Retirement System, on September 28. Program, attended an invitation-only con- in April. In May, Chin was a workshop ference on environmental law programs at leader at the 14th Annual Asian American Professor William Funk published UCLA School of Law. In May, he present- Youth Leadership Conference at Lewis “Intimidation and the Internet,” 110 Penn. ed a paper at the invitation-only Adminis- & Clark College and also spoke about his St. L.Rev. 579 (2006), in the spring. The trative Law Forum at the University of article tentatively titled “Life, Liberty, and article was noted on the Legal Theory Louisville’s Louis D. Brandeis School of the Pursuit of Clear Writing: How Clear Blog. The third edition of Funk’s casebook Law. The paper will be published in the Writing Can Be a Life and Death Issue” at coauthored with professors Sidney Shapiro Administrative Law Review next year. In the University of Oregon School of Law. and Russell Weaver, Administrative Pro- July, Funk participated on a panel at the In June, Chin was the guest speaker at the cedure and Practice, and the second edition Southeastern Association of Law Schools’ scholarship award and recognition banquet of Examples and Explanations: Administrative annual meeting, speaking on pedagogy in hosted by the Chinese American Citizens Law (coauthored with Professor Richard the classroom. Alliance (Portland lodge). In Atlanta, he Seamon), were also published this spring. gave a workshop, Lessons Learned From At the Law School, Funk participated in a Professor John Grant has published Inter- Writing the First Law Review Article: A panel on physician-assisted suicide follow- national Criminal Law Deskbook, coauthored Scholarship Primer for New Legal Writing ing the U.S. Supreme Court’s decision and by Professor J. Craig Barker of Sussex Professors, at the 12th Biennial Conference joined Professor John Kroger in discussing Law School in England, with Cavendish of the Legal Writing Institute. A few weeks the Foreign Intelligence Surveillance Act Publishing. He completed an entry, “The later, Chin spoke as part of the panel dis- (which Funk was instrumental in drafting) Lockerbie Trial,” for the Max Planck Ency- cussion Invisible Victims: Hate Crimes in and National Security Agency surveillance clopedia of Public International Law, to the Asian Pacific American Community, of international communications. On two be published both online and in print which was a feature of the 2006 Oregon occasions he spoke to groups in Portland by Oxford University Press. Grant is an Hate Crimes Conference held at the Cas- on FISA and the NSA surveillance. Funk editor of as well as contributor to a volume cade campus of Portland Community attended the Association of American Law assessing the contribution of the Harvard College. Schools’ annual meeting in January, the Research in International Law project ABA’s Administrative and Regulatory (1927-39) to the development of interna- Practice Section’s midyear meeting in tional law. The assessment will be pub- February, and meetings of the Center for lished by W.S. Hein in 2007, along with a Progressive Reform (of which Funk is a four-volume reprint of the entire Harvard member scholar) in January and May. His Research draft conventions and commen-

40 taries. Grant has a contract with Oxford University Press for a second volume of his John Parry Joins Faculty Lockerbie Trial: A Documentary History, contingent on the Scottish Criminal Cases John Parry has joined the Law School Review Commission finding a miscarriage faculty as an associate professor of law. of justice in the trial of the Libyan convict- He has been a part of the Law School ed of the Pan Am 103 bombing in 1988. community for the past two years as a He and Barker also have a contract with visiting professor, teaching Constitutional Oxford University Press for a third edition law, criminal procedure, civil procedure, of their Encyclopaedic Dictionary of and civil rights litigation. Parry will con- International Law, which is scheduled to be tinue to teach courses in these areas— published in 2009. They are negotiating including a new class on U.S. foreign with Oxford University Press to edit a relations law—as a permanent member of series of books providing documentary his- the faculty. tories of landmark international legal Parry’s scholarly work focuses broadly events and incidents. The first two volumes on legal structures that restrain or permit in the series are planned to be documen- the exercise of state power on individu- tary histories of the 1998 East African als, with a particular emphasis on the embassy bombings and of the U.S. torture ability of courts to mediate state authori- memos. ty and state violence. Currently, he is exploring those topics in the context Visiting Professor Roger Groves was a of international extradition and the speaker at the National Collegiate Athletic Association (NCAA) Expert Coaching law of torture. Clinic in Miami to discuss university con- Previously, Parry was a member of the University of Pittsburgh School of Law tracts with head football coaches and relat- faculty and was a Bigelow Fellow at the University of Chicago Law School. He also ed challenges for coaches in the largest practiced with the Washington, D.C., law firm of Williams & Connolly, where he conferences. Groves is teaching a course litigated a variety of constitutional and criminal issues. He was a law clerk to U.S. titled Emerging Issues in Sports Law. Court of Appeals Judge James R. Browning of the Ninth Circuit. Parry earned his A.B., summa cum laude, in history from Princeton University Professor Steve Johansen spent part of his in 1986 and his J.D., magna cum laude, from Harvard Law School in 1991. He served summer in Latvia, working with the Uni- as the Supreme Court editor for the Harvard Law Review. versity of Latvia’s Legal Writing Program. Parry is a prolific writer, authoring articles and essays on criminal law, constitu- He also had his article “This Is Not the tional law, international law, and state violence that have appeared in a number of law Whole Truth: Telling Stories to Unwitting reviews and books. He has coauthored a criminal law casebook and is writing a book Clients” published in the Arizona State Law on torture for the University of Michigan Press. He is also a frequent commentator Review. In June, he presented “Creating on these issues for local and national media. the Professional Classroom: A Different Perspective” at the Legal Writing Insti- tute’s biennial conference. and comprehensive model for the U.S. white-collar crime. It is scheduled to be Professor Jennifer Johnson recently had Supreme Court to use in fundamental published by Farrar, Straus, Giroux in the her article “Wall Street Meets the Wild rights cases where the rights are not clearly winter of 2007-08. West: Bringing Law and Order to Securi- textually specified in the Constitution. Professor Ron Lansing spoke about and ties Arbitration” (84 N.C. Law Review He also authored an op-ed piece for the signed his newly published book, Nimrod: 123, December 2005) reprinted in the Oregonian, “Oregon’s Future With the Courts, Claims, and Killing on the Oregon Corporate Practice Commentator, a journal Roberts Court: Assisted Suicide and the Frontier, at the Wordstock Book Fair, published quarterly by Thompson/West. Supreme Court,” in October 2005. Kanter Annie Bloom’s Bookstore, Powell’s continues to lead the Portland Baseball Professor Stephen Kanter is publishing Bookstore in Beaverton, and the American Group (PBG) in its efforts to bring Major “The Griswold Diagrams: The Outer Limits Board of Trial Advocates at their annual League Baseball to Portland. PBG and its of the Counter-Majoritarian Dilemma, holiday dinner. He was a judge of papers companion foundation sponsored another Fundamental Rights or Unnatural Law?” submitted in a contest called “Celebrate Kids’ Honor Night at PGE Park on June 2, in 28 Cardozo L. Rev. (2006). In his America,” sponsored by the American 2006, providing tickets for 5,000 honor extensive article, Kanter proposes a new Immigration Law Forum. Lansing also kids and their parents or favorite teachers made a presentation of his 1993 book, and giving the Beavers a crowd of 11,540 Juggernaut: The Whitman Massacre Trial Professor Ron Lansing is at work on for their game. 1850, at the U.S. District Court of Oregon a history of Northwestern College of Associate Professor John Kroger spoke Historical Society. He is at work on a Law and the “Accreditation Era” recently at Yeshiva University’s Benjamin history of Northwestern College of Law (1965-75) of Northwestern School of N. Cardozo School of Law about the Enron and the “Accreditation Era” (1965-75) Law of Lewis & Clark College, and case, on which he worked as a federal pros- of Northwestern School of Law of Lewis welcomes any documentation (pho- ecutor from 2002 to 2003. Kroger is hard at & Clark College, and welcomes any docu- tos, letters, or Law School ephemera) work on a book about federal law enforce- mentation (photos, letters, or Law School concerning that history. ment, which will include chapters about ephemera) concerning that history. the Mafia, drug cartels, terror groups, and 41 Interim Dean and Professor Lydia Loren taught a course titled International Intel- H. Tomás Gómez-Arostegui lectual Property in Florence, Italy, this Joins Faculty June for a program offered by the University of San Diego. The second edition of her H. Tomás Gómez-Arostegui has joined casebook, Copyright in a Global Information the Law School faculty as an assistant pro- Economy, published by Aspen, was released fessor of law. Gómez-Arostegui will teach in April. The casebook was coauthored cyberspace law, international intellectual with Professor Julie Cohen (Georgetown property, torts, and trademark law. His University Law Center), Professor Ruth arrival brings the number of full-time Law Okediji (University of Minnesota Law School faculty teaching in the area of School), and Dean Maureen O’Rourke intellectual property to three. (Boston University School of Law). Loren’s Just prior to joining Lewis & Clark, most recent article, “Building a Reliable Gómez-Arostegui served as a visiting Semicommons of Creative Works: Enforce- researcher and lecturer at the Norwegian ment of Creative Commons Licenses and Research Center for Computers and Law at Limited Abandonment of Copyright,” has the University of Oslo. He holds an LL.M. been accepted for publication by George degree from the same institution, where he Mason Law Review. studied European information and communication technology law. Professor Joe Miller was the sole speaker While in Oslo, Gómez-Arostegui for a lunchtime presentation in January to worked with students and colleagues the Washington State Patent Law Associa- from nearly every continent and legal tion, where he delivered a talk titled “The system. He hopes to share those experi- Federal Circuit Year in Review 2005.” In ences by injecting a bit of comparative law into his IP-related classes. April, Miller was one of three participants “It is important, perhaps now more than ever before, for our students to have at the in the closing capstone panel at a daylong very least a basic understanding of the laws of major markets and regions outside the conference, At the Intersection of Antitrust and Intellectual Property Law, at Seattle United States. This is especially true for those areas of industry most affected by technol- University School of Law. Miller’s panel ogy and the Internet. In recent years, for example, we have seen U.S. tech companies suf- was Patents and Competition: Are We fer (rightly or wrongly) at the hands of regulatory authorities abroad. Microsoft’s ongoing Moving in the Right Direction? On May battle with the European Union competition authorities is but one instance. Apple 11, he spoke on a panel at the Washington Computer’s dispute with countries in Scandinavia and elsewhere in Europe over its State Bar Association’s Third Pacific online iTunes music store is another. Students who are made aware of the principal regu- Northwest Arts and Entertainment Sympo- latory frameworks that govern these sorts of activities outside the United States will be sium. This particular panel discussed copy- better prepared to serve their clients.” right law’s fair use doctrine in the context During his last two years in law school, Gómez-Arostegui taught legal writing to of documentary films and film archives, as first-year law students at the University of Southern California Gould School of Law. well as Creative Commons and other open- “[That] was one of the most enjoyable and rewarding experiences of my legal career. access approaches to distributing creative It made a lasting impression on me, and I knew then that I would later steer my way works. On May 19, in connection with his back to academia. It should therefore come as no surprise that I am delighted to be join- service as a member of the advisory council ing the Lewis & Clark law faculty. Apart from giving me a chance to work with promis- for the U.S. Court of Appeals for the Fed- ing students and accomplished colleagues, it presents an opportunity to work within eral Circuit, Miller spoke on a panel about and contribute to an unusually supportive and comprehensive intellectual property law the willful infringement doctrine in patent program. Many law schools have only one person on the full-time faculty devoted to law. The panel was part of the Federal the study of intellectual property. We now have three, each with different specialties— Circuit’s triennial Circuit Judicial Confer- a fact that students will find beneficial.” ence. Miller was also the sole speaker for Gómez-Arostegui earned a B.A. in history and a J.D. from the University of Southern a July 13 lunchtime presentation to the California. He served as a notes editor on the Southern California Law Review and was a Oregon Patent Law Association titled member of the Order of the Coif. Following graduation, Gómez-Arostegui clerked in Los “Putting the Law (Back) in Patent Law: Angeles for U.S. District Court Judge Edward Rafeedie and in Denver for U.S. Court of The October 2005 Term of the Supreme Appeals Judge John C. Porfilio of the Tenth Circuit. Court.” Gómez-Arostegui practiced law at O’Melveny & Myers in Century City, California, Associate Professor Robert Miller ’91 and Hogan & Hartson in Denver. As part of his practice, he litigated matters relating revised his Oregon State Bar CLE chapter to toxic torts, copyrights, trademarks, patents, trade secrets, and publicity rights. on pleading and practice in tribal courts for He is a member of the California and Colorado bars. the 2006 edition of the Civil Pleading and Born in Argentina, Gómez-Arostegui grew up in the United States. “The first place Practice CLE. He cowrote an article on we settled was in Portland, where we lived for several years. Returning to this city means Indian issues with U.S. Representative coming back full circle. Most of my family have moved back to the Northwest, too, Elizabeth Furse for the New York State Bar and I am happy to be close to them.” Association’s Government, Law, and Policy

42 Journal. Two chapters he coauthored with Erskine Wood Sr. Professor of Law Jim Tigran Eldred Joins Faculty Huffman and Professor David Haddock of Tigran Eldred has joined the Law School Northwestern University School of Law faculty as a clinical professor for the Lewis on tribal economic issues were published & Clark Legal Clinic, where he will over- in Self-Determination: The Other Path for see employment law. Eldred says he looks Native Americans by Stanford University forward to continuing the clinic’s long Press. In April, Miller spoke at the Yakama tradition of teaching students how to rep- Nation Theater and Whitman College on resent low-income clients effectively and the subject of Indian treaties. In National responsibly. “Clinical teaching combines Park Service programs in Stevenson and the best of both worlds—helping students Toppenish, Washington, and Warm Springs and Pendleton, he spoke about Lewis and learn how to represent clients and, at the Clark and the Doctrine of Discovery. He same time, providing important services also spoke in June at a conference on slav- to those with legal needs. It brings togeth- ery and colonialism in Gloucester, England. er my two passions: teaching and service.” Miller served as a reviewer of Web pro- He is also very excited to be joining grams on tribal treaties, Lewis and Clark, the Law School community. “Everyone and Chief Leschi developed by the here is committed to providing top-notch Washington State Historical Museum. legal education in a supportive and friendly environment,” he observes. “That’s a rare Associate Dean of Faculty and Professor combination.” Jan Neuman presented a paper by invita- Eldred graduated from Georgetown tion at the Ecosystem Services Symposium University in 1986 and Fordham at Florida State University College of Law University School of Law in 1990, where he was notes and commentary editor of the in April 2006. Her paper, “Thinking Inside Fordham Law Review. He most recently served as acting assistant professor of lawyering at the Box: Looking Inside a Watershed for New York University School of Law. Previously, he clerked for U.S. Court of Appeals Ecosystem Services,” will be published by Chief Judge James L. Oakes of the Second Circuit. Florida State’s law review. Neuman con- In practice, Eldred specialized in federal civil rights and criminal law, working at tinues to serve on the advisory board of Sullivan & Cromwell, the Criminal Appeals Bureau of the Legal Aid Society, Federal the Oregon Water Trust. Defenders in Brooklyn, and Appellate Advocates in New York City. From 1997 to Clinical Law Professor Stephanie Parent 2000, he was national outreach director for the Lawyers Committee for Human Rights ’92 and PEAC environmental legal clinic (now Human Rights First), where he coordinated a countrywide effort to promote the students secured a rare stay from the Ninth rights of political refugees and the International Criminal Court. Circuit ordering the Bonneville Power Eldred’s research focuses on regulation of lawyers and clinical teaching. He is a Administration to continue to fund the member of the bars in New York and Oregon and the U.S. District Courts for the Fish Passage Center until the merits of the Southern and Eastern districts of New York. He also serves on the board of the petition for review under the Northwest International Legal Foundation, which funds and staffs the only functioning public Power Act can be heard. To read more defender system in Afghanistan. about this and other PEAC cases, visit While in New York City, Eldred also managed time for the stage. His work as a www.peaclaw.org. PEAC celebrated its professional actor included regional and off-Broadway theatre productions. 10th anniversary on September 12 at Having spent his entire life on the East Coast, Eldred says he is looking forward Equinox Restaurant. to living in Portland and becoming familiar with all the city has to offer, including Professor John Parry coauthored Criminal the many outdoor activities he’s heard about. “I guess I’ll have to get my bike out of Law: Cases, Statutes, and Lawyering Strate- storage,” he adds. gies (Lexis-Nexis 2005) with Neil Cohen (University of Tennessee College of Law), David Crump (University of Houston Law Must Be [Regulated]’: Biopolitics and the Clinical Professor Mark Peterson is serv- Center), Laurie Levenson (Loyola Law Commerce Clause in Gonzales v. Raich,” ing as the executive director of the Oregon School Los Angeles) and Penny Pether and coauthored an article with Andrea Council on Court Procedures. Lewis & (Villanova University School of Law). Hibbard, “Law, Seduction, and the Senti- Clark Law School became the home of the He also edited a collection of essays titled mental Heroine: The Case of Amelia council late last year after the body moved Evil, Law, and the State: Perspectives on Norman,” which was published in the from the University of Oregon School of State Power and Violence (Rodopi Press June 2006 issue of American Literature. Law, where it had resided since its creation 2006), which includes his own essay Parry gave a talk at Loyola Law School in 1979. “Pain, Interrogation, and the Body: State Los Angeles on November 3, 2005, titled Clinical Professor Melissa Powers ’01 Violence and the Law of Torture.” Parry “The Shape of Modern Torture.” He has will be a visiting professor at University wrote a short article for the Lewis & been invited to participate in conferences of Maine School of Law during the 2007 Clark Law Review’s fall 2005 symposium at Yeshiva University’s Benjamin N. spring semester. She will teach the envi- on Gonzalez v. Raich, titled “‘Society Cardozo School of Law and the University ronmental law survey course and coastal of Colorado School of Law. zone law.

43 Professor Elaine E. Sutherland researches and teaches at Lewis & Clark Law School Maya Crawford ’03 half of the year (July through December) Joins Staff and in Scotland the other half. In February 2006, she moved from Glasgow University Maya Crawford ’03 has joined the Law to take up her appointment as professor of School staff as the first public interest law child and family law at the University of coordinator. As a member of the Career Stirling. Her article “Undue Deference to Services Office staff, she will counsel alum- Experts Syndrome?” was published in the ni and prospective as well as admitted stu- Indiana International and Comparative Law dents on careers in public interest and pub- Review this summer. It considers the recent lic service work; administer the Loan debacles in the United Kingdom arising Repayment Assistance Program and work from expert evidence on Munchausen syn- with the development team, Professor drome by proxy and temporary brittle bone Susan Mandiberg, and Associate Dean for disease, exploring the procedures in place Admissions and Academic Affairs Martha for admitting expert evidence in court Spence ’84 to enhance it; and oversee the in the United Kingdom. In the piece, Pro Bono and Community Service Honors Sutherland asks whether application of the programs, among many other responsibili- United States’ Daubert test would make ties. a difference and concludes that not only “I feel honored to have been chosen to must courts be alert to the danger of show- be the first public interest law coordinator,” ing undue deference to expert witnesses Crawford says. “Lewis & Clark has a great (particularly medical ones), but also that reputation for supporting and fostering pub- more needs to be done to educate lawyers lic interest work. With this position, many of the public interest endeavors sponsored by and judges about scientific methodology. various individuals within the Law School can now be consolidated under one umbrella. She contributed a chapter, “Is There a This will eventually lead to an increase in the breadth and depth of public interest oppor- Right Not to Procreate?” to First, Do No tunities available to Lewis & Clark students. I am mindful of the responsibility involved Harm (2006), a Festschrift in honor of in being the first coordinator, and look forward to stewarding the position through its first phase. I feel very fortunate to have been granted the opportunity to be involved in such a Professor Emeritus J. Kenyon Mason of worthwhile undertaking.” Edinburgh University. Sutherland’s chap- As a student, Crawford was a law clerk at the Lewis & Clark Legal Clinic, served as ter explores the extent to which the legal the student pro bono coordinator, and was a law clerk for Catholic Charities Immigration systems in the United States and the Services. She was also very active in PILP during all three of her years of study. United Kingdom respect the choice of an Following graduation, Crawford served as a staff attorney for the Pro Bono Unit of individual not to have a child. She con- Legal Aid Services of Oregon in its Portland office. There, she recruited, coordinated, and cludes that there is, indeed, a right not mentored over 400 volunteer attorneys and maintained her own substantive poverty law to procreate, although the right is not caseload, serving the needs of low-income seniors and domestic violence survivors. absolute nor is its exercise without possi- Currently, Crawford is very active in several local and statewide committees and ble adverse consequences. In May 2006, boards charged with promoting private bar participation in pro bono work. She plans to Sutherland attended a conference in remain involved with these groups. Glasgow, Right of Personality in Scots Law: A Comparative Perspective, and another in Luxembourg, European Union Developments in Family Law and Succes- sion. She also presented a paper, “The implementation of the NAFTA environ- danger due to climate change.” Climate Impact on Children of Exposure to Domes- mental side agreement. He also traveled change is significantly affecting the U.S. tic Abuse: Now a Special Factor?” at the to Geneva to negotiate rules under the side, Glacier National Park. Once home Child Law Update Conference of the Law Convention on International Trade in to 150 glaciers, Glacier National Park Society of Scotland in Dunblane, Scotland. Endangered Species for issuing permits for now has only 27 and scientists predict that Using empirical and other research data, species taken on the high seas. The meet- these, too, will be gone by 2030. Although the paper explores the adverse impact ing included representatives from 12 gov- the committee has not yet acted on the on children of exposure to inter-adult ernments, three nongovernmental organi- petition, it has responded to this and four domestic abuse and compares legislative zations, and the United Nations’ Food and other petitions by developing a strategy for approaches in the United Kingdom and Agriculture Organization. Wold participated mitigating the impacts of climate change the United States to taking the issue on as the representative of the Species Sur- on world heritage sites. vival Network (SSN), an international board in the context of custody and Clinical Professor Terry Wright began coalition of over 80 organizations. In April, visitation disputes. her term of service on the Oregon Board he traveled to Budapest, Hungary, to of Bar Governors (BOG) on January 1, Associate Professor and IELP Director develop a strategy with SSN members on 2006, and is serving on the Access to Chris Wold ’90 attended meetings in San how best to control trade in endangered Justice, Appointments, and Member Diego and Washington, D.C., of the U.S. species. Working with students in IELP, Services committees of the BOG, and National Advisory Committee, which pro- he also submitted a petition to the World serves as liaison to the Unlawful Practice vides advice to EPA on a range of strate- Heritage Committee to list Waterton- of Law Committee and the Consumer gic, legal, and regulatory issues for the Glacier International Peace Park as “in Law and Diversity sections.

44 Class Notes (Includes news received from May 1 through June 12, 2006)

Daniel Duyck ’97 Jeneé Gifford ’05 Leah Lively ’96 Jonathan Norling ‘97 Elizabeth Welch ’04 and Theresa Kohlhoff ’80

ton, and is a member of the Oregon Bar Law, where he is also a professor. In addi- 1960s Association, Washington Bar Association, tion, he has been appointed visiting pro- Richard Maizels ’66 has moved his office Oregon Women Lawyers, American Trial fessor for Drexel’s College of Information to Room 1025 of the American Bank Lawyers Association, and Multnomah Science and Technology. Before joining Building at 621 S.W. Morrison Street. He County Bar Association. Weimar’s practice Drexel, Simoni was the associate dean for can be reached by phone at 503-223-2126, includes personal injury, motor vehicle library and information services and pro- by e-mail at [email protected], and by accidents, animal attacks, medical malprac- fessor of law at Northwestern University fax at 503-274-8575. Maizels continues to tice, nursing home litigation, and wrongful School of Law, where he was responsible offer arbitration and mediation services. death. for the law library and law school comput- Justice Betty Roberts ’66 received the Arlene Platt ’78 has changed her practice ing. His professional interests include infor- Margaret Brent Award at the ABA’s from Platt & Weinstein to a sole propri- mation policy and copyright, the use of annual meeting in Honolulu. etorship. She will continue her family law information technology in libraries in practice at 777 High Street, Suite 260, in developing countries, and the changing 1970s Eugene. As before, Platt can be reached by patterns of research and scholarly commu- Gregory Lynch ’75 and Stanley Austin ’91 phone at 541-683-0808, by fax at 541-687- nication caused by developments in infor- announce the formation of Lynch Austin 0985, and by e-mail at [email protected]. mation technology. Simoni is very active Wilson and Hill. The firm will advise and Judith Stiegler ’78, an attorney in central with the American Association of Law represent clients in a range of litigation, Oregon, was recently appointed to the Libraries, the Association of American business, real estate, land use, and employ- state’s Government Standards and Prac- Law Schools, and the American Bar Asso- ment matters. Their Bend office is located tices Commission. She is director of the ciation, and has consulted at law libraries at 354 S.W. Upper Terrace Drive, Suite Central Oregon Court Appointed Special in Ethiopia, Ghana, and Uganda on the 101, and can be reached by phone at 541- Advocates, which encompasses the former use of information technology for library 383-5857 and fax at 541-383-3968. Their Deschutes, Jefferson, and Crook counties collection development and research Prineville office is located at 446 N.W. CASA programs. Stiegler also serves as support. He can be reached by e-mail at Third Street, Suite 230, and can be con- chair of the Child Welfare Advisory Com- [email protected]. tacted by phone at 541-447-5777 and fax mittee to the Department of Human Ser- Sylvia Stevens ’81 has been appointed at 541-447-5755. vices and was recently appointed board general counsel for the Oregon State Bar. Thomas Mason ’76, who is currently living member of the Education Foundation for Formerly, she was senior assistant general in California, is married to Pat Amedeo. the Bend–La Pine School District. counsel. His daughter, Jessica Mason, starts graduate Pamela Knowles (Stebbeds) ’83 currently school at the San Francisco Conservatory 1980s serves as chief operating officer of the of Music this fall. Mason’s practice is in Theresa Kohlhoff ’80 is excited to Portland Business Alliance, greater Port- international government relations, with a announce that she and Elizabeth Welch land’s Chamber of Commerce. She over- focus on lobbying the United Nations on ’04 have opened a new law practice, sees legal services, finance, membership, behalf of a group of NGOs. Kohlhoff & Welch: A Mother-Daughter administration, and communications. Prior Betsy Johnson ’77, who is serving as an Partnership. Kohlhoff has practiced law for to joining the alliance in 2004, Knowles Oregon state senator, was the emcee of nearly 26 years and Welch has considerable was a partner at Davis Wright Tremaine Portland State University’s College of experience in plaintiff personal injury work, and served as executive director of the Urban and Public Affairs’ fifth annual an area in which the practice plans to con- Oregon Judicial Fitness Commission and Urban Pioneer Awards Dinner. The Urban tinue. The practice’s offices are located at in leadership roles with various arts and Pioneer Awards honor community leaders 5828 North Lombard in Portland. Kohlhoff community organizations. who exhibit many of the ideals taught to and Welch can be reached at 503-286-7178. Turid Owren ’83, an attorney for Tonkon students and valued by College of Urban Robert Neuberger ’80 has joined the board Torp, has been appointed chair of a liaison and Public Affairs faculty and community of directors at St. Andrew Legal Clinic for committee that oversees adjudication and partners. a two-year term. He has been practicing processing of immigration petitions by the Linda Weimar ’77 lives in Beaverton with law in Oregon since 1980, specializing in American Immigration Lawyers Associa- her husband and teenage daughter. She professional malpractice, product liability, tion (AILA). The committee of eight practices in Washington County, is a admiralty and maritime, and personal lawyers reviews petitions filed with the President’s Circle Member of the Oregon injury law. U.S. Citizenship and Immigration Service Trial Lawyers Association, is licensed to Christopher Simoni ’80 is director of the (CIS) Nebraska Service Center. AILA has practice law in both Oregon and Washing- law library at Drexel University College of also asked Owren to serve on its faculty at

45 Class Notes may be submitted online at law.lclark.edu/dept/lawalum. If you send us a digital photo, the file should be at least 600K. Images pulled from the Web at 72 dpi are not suitable for print. If you’re using a digital camera, images should be 3.2 megapixels or greater.

a 2006 fall conference in New York, where at 503-554-5020 and [email protected]. 866-296-1015, by fax at 503-243-5849, and she will join chairs of other service center Gary Young ’87 has opened his own law by e-mail at [email protected] committees to speak on liaison initiatives. office at 1217 N.E. Burnside Road, Suite Hafez Daraee ’93 has joined Jordan Owren has practiced immigration law since 201, in Gresham, specializing in personal Schrader, serving its “dirt law,” litigation, 1988 and is listed in the immigration sec- injury and business law. He can be reached and business clients. He has more than tion of the 2006 edition of The Best Lawyers at 503-667-4800. 13 years of legal experience representing in America. clients in all facets of complex commercial, Paul Ellis ’84 has joined Kivel & Howard 1990s construction, and real estate litigation as in Portland. Lorie Harris Hancock ’90 has joined well as real estate, construction, and com- Jeffrey Eden ’85 is a shareholder-in-charge the Bend firm of Karnopp Petersen as of mercial transactions. Since November at Bullivant Houser Bailey. In addition to counsel. Previously, she practiced law as 2005, Daraee has also served as mayor leading the Portland office of Bullivant, he a contract lawyer and with Tonkon Torp. of the city of Rivergrove. He has been will continue his law practice as an experi- Hancock will continue to focus her practice a Rivergrove city councilor since 1997, enced trial attorney and cochair of the in the areas of business and corporate law. serving for two years as council president. firm’s product liability practice group. Linda Johannsen ’90 has received the Michael Colbach ’94 has joined Thomas David Ernst ’85 is the new firm president debtor-creditor section of the Oregon State Patton ’96 in a litigation practice specializ- for Bullivant Houser Bailey. He will over- Bar’s Award of Merit in recognition of her ing in personal injury and other torts. see the law firm’s operations in its six West distinguished service to the section and the Leah Lively ’96 has returned to the law Coast offices in Washington, Oregon, legal community at large. Johannsen is a firm of Lane Powell as a shareholder in the California, and Nevada. partner at Preston Gates Ellis. firm’s litigation department, where she will Martha Payne ’85 has joined the firm of Stanley Austin ’91 and Gregory Lynch focus her practice on employment litiga- Benesch, Friedlander, Coplan & Aronoff ’75 announce the formation of Lynch tion. Lively has extensive experience as of counsel in the transportation and Austin Wilson and Hill. The firm will defending employers against claims of logistics practice group. She focuses her advise and represent clients in a range of harassment, discrimination, and wage and practice on litigation, regulatory, transac- litigation, business, real estate, land use, hour violations. She is an experienced trial tional, and contractual matters in the and employment matters. Their Bend office attorney, having tried more than 40 jury transportation and logistics industry. Payne is located at 354 S.W. Upper Terrace trials. Lively was an associate with Paul has significant experience in drafting and Drive, Suite 101, and can be reached by Hastings in San Diego from 2004 to 2006, negotiating domestic and international phone at 541-383-5857 and fax at 541- an associate with Lane Powell from 2001 transportation, logistics, and supply chain 383-3968. Their Prineville office is located to 2004, an associate at Miller Nash for one management contracts. She also advises at 446 N.W. Third Street, Suite 230, and year, and a deputy district attorney with transportation providers and users of all can be contacted by phone at 541-447- the Multnomah County District Attorney’s sizes regarding cargo liability, risk manage- 5777 and fax at 541-447-5755. Office for five years. She is a member of ment, freight charge, and collection issues. Abby Wool Landon ’91 has joined the the Oregon and California state bars. Nargess Shadbeh ’85, a longtime legal aid Portland law firm of Bateman, Seidel, Roger Dilts ’95 has been selected to join attorney who works with the Oregon Law Miner, Blomgren, Chellis & Gram. She Clean Water Services’ newly formed regu- Center in Portland, has been named a will assist the firm in expanding the estate latory affairs department. He joined the Wasserstein Fellow for 2006-07 by Harvard planning and probate administration prac- Washington County Wastewater and Law School. The Wasserstein Public tice and will continue her practice in busi- Storm Water Authority in 2000 as senior Interest Fellows program brings outstanding ness and family law and business succession assistant counsel. Transferring to the CWS public interest attorneys from across the planning. Landon, owner of her own law wastewater treatment department as a country to the Harvard Law School campus firm for 10 years and member of several special projects manager in 2003, Dilts for one or two days to meet with and family partnerships, is well versed in advis- developed and administered the CWS advise law students interested in public ing small family businesses. environmental management system, man- interest careers. Shadbeh has most recently Philip Harris ’92 has been promoted to aged the procurement of consultants, and focused her energies on the Indigenous general counsel and chief executive officer led the development of a property manage- Farmworker Project, which she has helped of Shilo Inns. He joined the company in ment plan. In the regulatory affairs depart- to obtain significant foundation funding August 2005 as co-general counsel and ment, he will lead initiatives in regulatory and to recruit three outreach workers who chief operating officer. Harris has more compliance. speak languages of indigenous peoples from than 20 years of experience in the hospital- Lisa Johnston-Porter ’95 has joined the Mexico’s southern states. This population, ity industry and legal profession. Seidl Law Office. She will continue in the which makes up an increasing percentage Michele Rini ’92, formerly with Karpstein practice areas of surety and construction, of the agricultural work force in Oregon, & Verhulst, has been selected to serve as insurance defense and coverage, commer- faces discrimination in both Mexico and Washington County Juvenile Court Referee. cial litigation, and tort and personal the United States. Margaret Allee ’93 is the new agency injury litigation. Helen Tompkins ’87 has relocated her law director for Exceptional Donors, the local Mark McGranaghan ’95 has become office to 111 S.W. Columbia Street, Suite egg donor agency affiliated with the Port- a shareholder in the firm of Bittner & 300, in Portland. She will continue accept- land Center for Reproductive Medicine. Hahs. He leads the firm in litigation. ing referrals for all types of civil appeals Exceptional Donors’ offices are located at McGranaghan’s business litigation practice and complex litigation in Oregon and 909 N.W. 19th Avenue, Suite B, in Port- includes real estate, construction law, Washington. Tompkins can be contacted land. Allee can be contacted by phone at contract claims, and employment law.

46 He also handles personal injury and land- lord/tenant related matters, including Fair Department of Housing Act accessibility and discrimina- Justice Awards tion claims. Steward ’01 and Daniel Cheyette ’96 was recently appointed the state of Alaska’s assistant attorney Cassidy ’02 general in the Department of Law’s Office In September, Kevin Cassidy of Special Prosecutions. He is responsible ’02 and Andrea Steward ’01 for the statewide prosecution of environ- were each presented with mental crimes. Cheyette comes to this the John Marshall Award, the new position from the Anchorage District Department of Justice’s highest Attorney’s Office, where he prosecuted honor. The awards are property crimes. presented to attorneys for their Thomas Patton ’96 has joined Michael contributions to and excellence Colbach ’94 in a litigation practice special- in legal performance. izing in personal injury and other torts. Twelve awards (to individuals Sybil Ackerman ’97 has been hired as the and teams) were presented this Oregon League of Conservation Voters’ Kevin Cassidy ’02 with his year. Steward and Cassidy were new legislative affairs director. In that role, mother, Patricia Cassidy part of a team of 14 lawyers she will lobby on behalf of the Oregon from DOJ and United States Conservation Network. Ackerman worked Attorney’s offices that was honored for its work on a national- for eight years in various environmental ly coordinated series of prosecutions that brought to justice nonprofits, including the National Wild- one of the most egregious violators of environmental and life Federation and the Sierra Club. Most worker safety laws. McWane Inc. was convicted after trials in recently, she was the conservation director two districts and pleas in three districts in five separate cases for the Audubon Society of Portland. Andrea Steward ’01 involving conspiracy and violations of the Clean Water Act, Ackerman has been involved in many Clean Air Act, Resource Conservation and Recovery Act, and Occupational Safety and Health Act. McWane Inc. headquartered in Birmingham, projects protecting Oregon’s high desert, Alabama, is a major manufacturer of cast-iron pipes. To learn more about the case, go to marine resources, and forests. She can be www.usdoj.gov/opa/pr/2005/December/05_enrd_643%20%20%20.html. reached at [email protected] or 503-224-4011. After graduation, Steward clerked for two years in federal district court in Alaska Daniel Duyck ’97 has been chosen to for Judge James Singleton. She started her service with DOJ through the Honors Graduate lead the Portland Schwabe, Williamson & Program in the Environmental Crimes Section, where she worked for three years. Wyatt multidisciplinary construction prac- Recently Steward returned to Alaska, where she works in the U.S. Attorney’s Office in tice group, which provides comprehensive Anchorage. legal services within the construction Cassidy joined the Environmental Crimes Section of the Department of Justice, industry. He participates in various indus- through the Honors Graduate Program, immediately after law school. He continues to try organizations, including the Associated practice in the Washington, D.C., office of DOJ. General Contractors of America and Associated Builders and Contractors. Duyck is an active member of the Oregon State Bar, including its construction law and agricultural law sections. He is also a negotiations, and due diligence analyses. Alexandra West ’99 has joined Johnson, member of the American Bar Association’s Norling has drafted numerous asset and Renshaw & Lechman-Su as an associate. Litigation Section, Torts and Insurance power purchase agreements for both small- She was formerly of counsel to the Law Practice sections, and the Construction and large-scale projects, and assisted clients Office of Jonah H. Paisner. Johnson, Law Committee. in permitting and environmental issues. Renshaw & Lechman-Su practices primari- Jonathan (Jon) Norling ’97 has joined Travis Hall ’98 has joined Bateman, ly family law from its offices in Southeast Lane Powell as shareholder in the firm’s Seidel, Miner, Blomgren, Chellis & Gram Portland. real estate and land use practice group. as an associate in the litigation practice He was a partner at the Portland firm group, focusing on commercial/business 2000s of Lovinger Norling Kaufman, where he litigation and appellate advocacy. He is also Debbie Pilorget ’00 has joined Kivel focused his practice on regulatory and an adjunct professor at the Law School. & Howard in Portland. transactional matters involving both elec- Previously, Hall served in the Army JAG Chad Stokes ’00 is a partner at Cable tric and telecommunications utilities. Corps for six years. His most recent assign- Huston. He represents clients in energy, Norling has broad experience in all aspects ment was as the senior defense trial coun- environmental, and land use matters, of the electric utility industry and is well sel for his region. Hall also served several assisting them with permitting, contract versed in the technical and economic years as an international law judge advo- negotiations, rate proceedings, administra- issues it faces. In addition, he has repre- cate and Arab linguist, which included tive litigation, and other regulatory issues. sented clients in all aspects of project deployment to Iraq in 2003. Prior to the Daniel Flo ’02 has joined the environmen- finance, including asset acquisitions, JAG Corps, he was a judicial clerk for the tal consulting firm Natural Resource Group divestitures, document drafting and Honorable William Keys.

47 as an associate consultant/land use special- Jeneé Gifford ’05 has joined Miller Nash Robert Tunstall ’77 died May 12 at his ist. NRG is headquartered in Minneapolis as an associate in the business department. home in Oregon. He was 64 years old. and provides environmental permitting and Her practice will encompass the fields of Tunstall is survived by his wife of 42 years, public affairs support for energy projects general business, real estate, tax-exempt Rae Ann Tunstall; son Brett Tunstall; and clients around the country. Flo and his organizations, and tax law, including the daughter Brooke Payne; father, Harold C. wife, Lynn Archer ’02, live in formation of new businesses, purchase and Tunstall; brothers Ron and James Tunstall; Minneapolis, where Archer practices sale of real property, commercial leasing, grandson Matthew Martinez; and grand- employee benefits and corporate law at and tax-free exchanges. Gifford is licensed daughter Leah Payne. Parsinen Kaplan Rosberg & Gotlieb. to practice law in the state of Oregon. She Sidney I. Lezak, a great friend of the Law Sarah Adams Lien ’02 has joined the new is also a member of the Oregon State Bar School and a noted mentor, passed away law office McDowell & Associates, located New Lawyers Division and the Multnomah on April 24 at the age of 81. He was born at 520 S.W. Sixth Avenue, Suite 830, in Bar Association. November 8, 1924, in Chicago. During Portland. The firm focuses on energy regu- Chris Grady ’05 has accepted an associate World War II, Lezak served as a navigator lation, administrative law, and litigation. position at Smith Freed & Eberhard in on B-17 bombers flying out of England, for Previously, Lien worked at Stoel Rives. She Denny Freed’s litigation team. Grady’s which he was awarded the Distinguished can be reached by phone at 503-595-3927 practice emphasizes the defense of personal Flying Cross and the Air Medal. Following and e-mail at [email protected]. injury and construction defect claims. the war, he earned a J.D. from the Univer- Erin MacDonald ’02 has joined the firm Previously, Grady spent 10 years in the sity of Chicago before moving to Portland, of Karnopp Petersen in Bend. She will be banking industry. where he specialized in labor law and in the estate planning division. Rachel Philips ’05 has joined Metropolitan became an active campaigner for Democra- Nathan Perea ’03 has joined the firm of Public Defender and is working in the tic candidates. President Kennedy appointed Varner & Brandt in Riverside, California. Multnomah County office. him U.S. attorney in early 1961; Lezak He will be working in the business litiga- would serve as U.S. attorney for Oregon tion department. under five presidents. After leaving the Allen Chan ’04 has joined the firm of office following the 1982 election of Presi- Davison Van Cleve as an associate in the dent Reagan, Lezak dedicated his career to firm’s energy and utility law practice. In Memoriam creative dispute resolution, which he saw John Barhoum ’04 has joined Dunn Carney as an extension of his earlier work settling Peter Blyth ’53 passed away on April 13. Allen Higgins & Tongue as an associate. conflicts and facilitating policy consensus. He joined the Army Air Force in 1943 and He will focus on business and commercial He became the first chair of the Oregon served three years in World War II, first as litigation as well as products liability and Dispute Resolution Commission and a a flying radio operator and then as a flight insurance coverage litigation. Previously, fellow in the International Academy of school teacher. Blyth became a lawyer in Barhoum was with Lane Powell. Mediators. Lezak was also active in the 1952 and was a member of the Oregon Tim Eblen ’04 has joined the firm of Smith community, most notably as trustee for the State Bar for 50 years, practicing law and & Greaves as an associate in the growing Foundation for Public Broadcasting, com- serving on the Oregon State Bar Ethics consumer and commercial collection prac- missioner on the Metropolitan Human Committee. He was a founding partner in tice department. He will continue to serve Relations Commission, and president of the law firm of Hershiser, McMenamin, homeowners’ associations in the state of the City Club of Portland (a position he Blyth, Jones, Joseph, and Lange, and the Oregon. resigned in 1972 over the club’s refusal firm of Blyth, Porcelli, Moomaw, and Matthew McHenry ’04 has joined Metro- to admit women as members). He also Miller. He is survived by his wife, Yolanda; politan Public Defender and is working in served on the boards of the Nature Conser- his sons, Peter, Robert, and Bradley; his the Multnomah County office. Previously, vancy and Planned Parenthood. He and daughters-in-law, Ellen and Francine; his he worked as an associate attorney at the his wife were on a hiking trek in New grandchildren, Ryan, Danny, Kimberly, Law Office of Michael Levine. Zealand just six weeks prior to his death Christopher, Schuyler, Caitlin, and Tonya; Triptaa Surve ’04 is working for the state at Portland’s Hopewell House hospice. his brother, John; his sister-in-law, of Alaska in the Office of the Governor as Lezak is survived by his wife, Muriel; Virginia; and his nieces and nephews, the investigations director for the Human daughters Anne and Miriam; a son, Bonnie, John, Scott, and Phillipa. Rights Commission. David; and eight grandchildren. Tom Curran ’57 passed away on May 16 at Elizabeth Welch ’04 is excited to announce the age of 75. He was born February 3, that she and Theresa Kohlhoff ’80 have 1931, in Chicago and moved to Portland in opened a new law practice, Kohlhoff & 1944. Curran served in the Marine Corps Welch: A Mother-Daughter Partnership. in the Korean War and was in the Battle of Kohlhoff has practiced law for nearly 26 Chosin Reservoir. He was an attorney for years and Welch has considerable experi- 20 years. Survivors include his wife, the ence in plaintiff personal injury work, an former Judy Karush; daughters, Colleen area in which the practice plans to contin- Curran and Diane Gould; son, Tim; step- ue. The practice’s offices are located at 5828 daughters, Sheri Lautenbach and Teri North Lombard in Portland. Welch and Rogers; and five grandchildren. Kohlhoff can be reached at 503-286-7178.

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