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In Brief Law School Publications
1998 In Brief
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This Book is brought to you for free and open access by the Law School Publications at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in In Brief by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve University School of Law in brief Number 72 Inside this issue... Published twice a year by the Case Western Reserve University School of Law for alumni, students, faculty, and friends. Editor Professor Morriss on Kerstin Ekfelt Trawick Director of Publications Judicial Decision-Making Faculty Editor Wilbur C. Leatherberry Professor of Law Associate Dean for Academic Affairs Erik Jensen, Photographers David L Brennan Professor Mike Sands Laura Wagner Kerstin Ekfelt Trawick Professor Mearns Retires
Law School Administration Gerald Korngold (216) 368-3283 Dean Wilbur C. Leatherberry (216) 368-3585 Elections to the Associate Dean for Academic Affairs Society of Benchers Bryan L. Adamson (216)368-5136 Assistant Dean for Student Affairs Barbara F. Andelman (216)368-3600 Assistant Dean for Admission and Financial Aid Commencement Day Barbara C. S. Weinzierl (216)368-6353 Assistant Dean for Employer Services Diane Sheehy Sebold (216) 368-6353 Director of Career Services Visiting Faculty Patricia Kost (216) 368-6350 Director of Finance and Administration Laurel Skillicorn Gibbs (216) 368-6355 Director of Alumni Affairs Laura J. Schmidt (216) 368-2108 1998 Class Reunions Director of Annual Fund and Special Gifts Kerstin Ekfelt Trawick (216) 368-6352 Director of Publications Betty J. Harris (216) 368-3280 Registrar New on the Staff
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Fainted on recycled paper. The Dean Reports DEC 1 71998
Lawyere: No Joking Matter e have all heard the lawyer jokes. We have also seen the polls indicating decreased public regard for lawyers. A recent Gallup Poll, for example, Wreported that only 22 percent of respondents thought that lawyers have high honesty or ethical standards, com pared to 50 percent for physicians and 20 percent for building contractors. Moreover, surveys show that the confidence in lawyers has eroded by one-half over the past 20 years. 1 have shared with some of you my experi ence last year with an earnest young auto salesman who was considering attending law school but whose wife was afraid that if he became a lawyer he would “lose his morals.”
Those of us who are dedicated to serving our clients and the pursuit of justice find these trends profoundly disturbing. Such attitudes not only denigrate lawyers as tion, prochoice vs. prolife, and public regulation vs. individuals but also corrode the public respect and private property rights. Legislation, regulation, and confidence necessary for a rule of law. Why is there such litigation have provided a fair process for these debates a negative perception of lawyers? And what is our law and have yielded important progress. But because the school doing to counter it? issues are so tough, we are still struggling with them. Out of frustration, the public sometimes blames the law and One problem is the gap between reality as determined by lawyers for regulating and litigating these issues—even the law and reality as seen by the public. It is hard to though society delegated the task to us—and for not square the jury’s not-guilty verdict in the first Rodney finding quick solutions—even though the issues, by their King trial with the videotape of the beating that we all nature, do not lend themselves to easy solutions. saw on television. The jury’s acquittal of O. J. Simpson raised similar concerns. The judge’s overruling of the jury Many baby boomers who came of age in the 1960s and verdict in the Louise Woodward case perplexed almost 1970s saw the law as a powerful engine of change and a everyone, including those who found the jury’s verdict solution to society’s ills. Law school applications surged correct and those who found it excessive. Many in the during those years, and the best and the brightest chose 1 public wondered how the law could fail to get the correct the law as a profession in which one could do well and do answer—the “truth”—in these cases when virtually good. Now, a generation later, as some old societal everyone at home could see and understand what really challenges remain and new ones have developed, disaf happened. Live broadcasts of trials and the media frenzy fection has set in and there are doubts whether the law is surrounding them exacerbated the public’s doubts. There the appropriate vehicle for fundamental change in society was little effort to help the public understand that (as opposed to market forces, religion, private action, and sometimes the system simply errs and that. In other other alternatives). Moreover, as a few of those once- situations, concerns for process and fairness rooted in idealistic baby-boomer lawyers have veered into unethi the Constitution trump the issue of guilt and innocence. cal or even criminal behavior, some observers of the legal profession have become particularly disillusioned; and There is also the tendency to shoot the messenger. justified criticisms of individual attorneys who have gone Beginning in the 1960s, the American nation assigned the astray have led to unfair denunciations of the legal law and lawyers to deal with our most difficult, con profession generally. tentious, and intractable societal problems—for example, race relations and equal opportunity, gender discrimina Clearly, we should debate the role of the law in our tion and equality of the sexes, environmental pollution, society, and it is our obligation to condemn the improper the determination of the beginning and end of life, and actions of some lawyers. But focusing only on wrongdo the role of government In our daily lives. These are ers distracts society from understanding that the law has complicated issues, with strong proponents on both been a powerful force for our nation’s improvement over sides, as evidenced by the debates over affirmative the past generation. And the bitter condemnation of action, economic development vs. environmental regula those lawyers for succumbing to the temptations that Our faculty’s scholarship is an important voice in the have eternally confronted humankind may simply reflect national and international debate on the law and the a maturing baby-boom generation looking in the mirror legal profession. Our books and articles address key and seeing that its own idealism has been tainted by societal, legal, and professional issues, advancing the human frailty. dialogue within the academy, the practicing bar, and the larger community. To be sure, the legal profession itself bears some respon sibility for its deteriorated public image. Individual Our students have demonstrated their commitment to episodes of poor representation, ethical lapses, over the law as a positive force, and they understand the reaching, inadequate communication to clients, and importance of public service by lawyers. Among the excessive fees take a collective toll on the standing of many volunteer activities at our school, students in lawyers and the law. The profession must respond with our Street Law Program instruct Cleveland public high rigorous ethical standards and enforcement to uphold the school classes in government and history, focusing on public trust and maintain the respect necessary for the system of justice and the rule of law in our country. lawyers and the rule of law. Other student groups provide service and support to the disenfranchised and needy people in our community. We meet the challenges to the legal profession in various ways at Case Western Reserve University School of Law. We must also engage those who doubt us in an open First, we demonstrate to our students the importance in discussion of the issues. There is a postscript to my our society of the law and the rule of law. We teach them story of the car salesman. I saw him a couple of months that lawyers are powerful forces in achieving equal justice ago while my car was being serviced. He told me that he under the law, representing persons in time of distress, had decided to apply to law school after all. When I protecting the life, liberty, and property of our citizenry, asked his reasons, he said it was because 1 had spoken guarding our collective civil liberties, and partnering to him so passionately a year before about the impor with our clients in planning and executing transactions tance of the law and the good work of lawyers. We, as a to fulfill our clients’ business and personal goals. We profession, need to communicate this message to others emphasize the responsibility that a lawyer has to expertly and demonstrate our commitment through effective and represent a client’s interests and, thereby, to increase the ethical lawyering. social welfare. At Case Western Reserve University School of Law, we We prepare our students to be leaders in law practice, prepare our students to be effective and responsible public service, and commerce by teaching them the members of the bar. Our hope is that our graduates will core knowledge, skills, and values necessary to lead in a resurgence in our profession and increased effectively represent their clients in an increasingly respect for lawyers and the rule of law. Through our complex and changing world. We also teach the ethical educational efforts, zealous self-regulation by the bar, and obligations of lawyers and the importance of service. a frank discussion in our country about the importance of Our teachers of Professional Responsibility are national the law in the lives of our citizens, perhaps we will see a leaders, breaking new ground in teaching, scholarship, day when public confidence and trust in the legal system and public speaking. But ethical issues are not confined and the profession rebound. to the Professional Responsibility course: we raise questions of ethics and lawyering in many substantive courses, integrating these issues into our doctrinal and policy discussions. Our clinical teaching and our skills instruction focus in large part on ethical training, allowing students to confront professional responsibility issues in real-world and simulated situations, with the guidance of experienced faculty.
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An Important Notice Abont Alumni Address Records J The Case Western Reserve University School of Law NEVER makes alumni 1 addresses and telephone numbers available for general commercial purposes. However, we do share such information with other alumni and often with current students, and we respond to telephone inquiries whenever the caller seems to have a legitiqiate purpose in locating a particular graduate. In general our policy is to be open and helpful, because we believe the | benefits to everyone outweigh the risks. I If you want your own address records to be more severely restricted, please \ put your request in writing to the Executive Director of Development and External Affairs, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, Ohio 44106-7148.
Case Western Reserve University School of Law Using the Federal Sentencing■ Guidelines Decisions to Understand Judges
by Andrew P. Morriss Andy Morriss joined the law Professor of Law faculty in 1992 and now, as of Associate Professor of Economics July 1, 1998, holds the rank of full professor. He received his ith coauthors Gregory Sisk of Drake Universi B.A. degree from Princeton, ty and Michael Heise of Indiana University, In his J.D. from Texas (as well dianapolis, I recently finished the first part of as a master’s in public affairs), and his Ph.D. in a study of federal district judges’ decisions economics from M.f. T. The Won the constitutionality of the federal sentencing lawguide school shares him with lines; “Charting the Influences on the Judicial Mind: An the Department of Economics, Empirical Study of Judicial Reasoning,” 73 New York where he has a secondary University Law Review (1998). These decisions offered an appointment. This year unparalleled opportunity for studying how judicial back Morriss is teaching Property, ground affects decision-making. Never before had such a and a seminar. International large segment of the federal bench (293 judges) ad Economic Integration. He also dressed such significant legal issues in such a short peri has taught Administrative od, under almost laboratory conditions. We used statisti Law, Employment Law, Regulatory Law and Policy, and (not surprisingly) Law and cal techniques to analyze the decisions for the influence Economics. His list of publications is long and grows steadily: his of precedent and of various background factors on what professional travels take him frequently—but by no means the judges decided and on the way they reached their de exclusively—to the Political Economy Research Center in cision. We were thus able to test various hypotheses—for Bozeman, Montana; he also finds time to chair the law school’s example, to find out whether, as feminist scholars predict, Appointments Committee and be co-leader of Girl Scout Troop 1286 female judges decide cases differently from male judges. in Cleveland Heights. For more information, check out his web page:
Fall 1998 These results may seem counterintuitive but are actually be that, as some feminists suggest, the selection process not too surprising. The Reagan administration position systematically excludes women who think differently from that the judiciary should rewrite the statute to move the men or that the legal process itself neutralizes gender dif commission to the executive branch was in conflict with ferences in reasoning.) the administration’s judicial appointment philosophy, which emphasized judicial restraint. The originalist find ing may be explained by the close link between originalist What We Learned reasoning and a finding of unconstitutionality; 13 of 14 Although we found more evidence than we expected to originalist opinions struck the guidelines. support the behavioral model of judging, our research provided both comfort and challenges to all schools of Our results were also interesting for what they did not thought. While we found some background factors signifi show. Elite law school education did not influence the cant, we also found that legal precedent and promotion outcome or the reasoning. Indeed the only place it ap potential played a major role. Most important, we found peared statistically significant was in respect to the that the ways these factors expressed themselves could practical/theoretical analysis. Surprisingly (to the two of us be understood only with a nuanced view of the circum with non-elite law degrees anyway), judges from the elite stances of the decisions. schools were more likely to take a “practical” approach. What most struck us, ultimately, was not the statistics but Even more interestingly, we found that a judge’s sex was a qualitative impression. Richard Posner has written irrelevant across the board. Feminist theorists often posit about the “intrinsic pleasure” of writing opinions. As we a difference between male and female approaches to legal read and reread the many opinions for this study, it was reasoning. Based on the consistent statistical insignifi impossible not to be drawn in by the excitement and pas cance of sex in all our regressions, and the accumulation sion many of the judges put into their opinions. Statistical of similar evidence in other studies of decision-making, it analyses like this one have great potential to contribute seems time to reject the theory that women judges de to our understanding, but by no means do they fully de cide cases differently from men judges. (Of course. It may scribe the process of judging.
1998 Annual Fund Sets Record Thanks to the support of 2,626 way they have never been motivated has been a motivating example for alumni and friends, the law school’s to do before. others to do the same. And the 1997-98 Annual Fund raised a record Benchers’ challenge continues for the $660,253—a 23 percent increase over We asked members of the Society of 1999 Annual Fund. the prior year. Benchers to make a significant gift to the Annual Fund and to sustain the The Annual Fund is an opportunity Our thanks to the fund chairman, increased level over a three-year for alumni and friends to make a Bernard Goodman ’60, and to the period. In response, 70 Benchers difference in the life of the law members of the Leadership Gifts pledged $300,000 in increased gifts, school. Your support allows us to Committee, whose peer solicitations with 32 members making three-year recruit top students and to encour were extremely effective. Thanks pledges. The alumni answered the age first-rate teaching and research. also to the CWRU students who challenge with an 18 percent increase Without your support, increasing called our alumni for contributions in the number of donors and an year by year, the law school cannot through the CWRU Telefund. And amazing 56 percent increase in achieve its goals. Please be generous thanks to the Society of Benchers, dollars from new, reinstated, and when an alumni volunteer or a who challenged the rest of the alumni increased gifts. Clearly, the Benchers’ student asks you to contribute to the to increase their annual giving in a willingness to increase their own gifts 1999 Annual Fund.
Bernard D. Goodman '60 (right) is in his second year as chairman of the law ' school's Annual Fund. George N. Aronoff '58 is national chairman this year of the entire CWRlj Annual Fund, which of course includes the law school’s annual campaign. Both are partners in the Cleveland firm of Benesch, Friedlander, Coplan & Aronoff
Case Western Reserve University School of Law Erik Jensen, David L. Brennan Professor
Erik M. Jensen, who joined the facuity in 1983 and has held profes sor’s rank since 1989, has been named by the CWRU Board of Trustees to the David L. Brennan Chair. He succeeds Leon Cabinet, who relinquished the title when he assumed part-time faculty status. The chair was established by David L. Brennan ’57, an Akron lawyer, businessman, and community leader, and a trustee of Case Western Reserve University.
Jensen holds a bachelor’s degree in political science from the Mas sachusetts Institute of Technology and a master’s from the University of Chicago. He had reached the ripe age of 31 when he enrolled in the Cornell Law School. Following his graduation in 1979, he clerked for Monroe G. McKay, judge of the U.S. Court of Appeals for the Tenth Circuit, then practiced law in New York with Sullivan & Cromwell.
Jensen’s major field is taxation. He also teaches Business Planning and American Indian Law. His interest in Indian law is not entirely surprising: he grew up in Utah and spent his clerkship year in Salt Lake City.
The trustees’ resolution appointing Jensen to the Brennan Chair describes him as “a prolific scholar “The Deduction of Future Liabilities by “Aside: The Heroic Nature of Tax with a national reputation.” He is Accrual-Basis Taxpayers: Premature Lawyers,” 140 University of Pennsylvanian coordinating editor of the Journal of Accruals, the All Events Test, and Law Review 367 (1991). Reprinted, 54 Tax Legal Education, serves on the Economic Performance,” 37 University of Notes 1557 (1992). Florida Law Review 433 (1985). executive committee of the Order of “Performance Scholarship and the the Coif, and is a member of the “The Uneasy Justification for Special Internal Revenue Code,” 29 Houston Law American Law Institute Tax Advisory Treatment of Like-Kind Exchanges,” 4 Review 429 (1992). Group. He plays an active role in the American Journal of Tax Policy 193 (1985). ABA Section on Taxation and appears “American Indian Tribes and Secession,” regularly on the program of the “The Supreme Court and the Timing of 42 Tulsa Law Journal 375 (1993). annual Cleveland Tcix Institute. Deductions for Accrual-Basis Taxpayers,” 22 Georgia Law Review 229 (1988). “The Apportionment of ‘Direct Taxes’: Are A selected list of Jensen’s publica Consumption Tcixes Constitutional?” 97 “A Call for a New Buffalo Law Scholar Columbia Law Review 2334 (1997). tions follows. We’ve omitted some ship,” 38 University of Kansas Law Review of the scholarly articles, all the 433 (1990). Reprinted, In Brief, May 1990. “Commandeering, the Tenth Amendment, newspaper/magazine articles (a long and the Federal Requisition Power: New list), all the book reviews (another “The Imaginary Connection Between the York V. United States Revisited,” 15 long list), and most of the articles Great Law of Peace and the United States Constitutional Commentary 353 (1998) that Jensen’s resume categorizes as Constitution,” 15 American Indian Law (with Jonathan L. Entin). Reprinted, In “other.” But we couldn’t resist Review 295 (1991). Brief, Spring 1998. including a few items from the “humor” list. “The Unanswered Question in Tufts: What “The Control of Avoidance: The US Was the Purchaser’s Basis?” 10 Virginia Alternative,” 1998 British Tax Review 161 Federal Income Taxation of Oil and Gas Tax Review 455 (1991). (with John Tiley). Investments, 2d edition (with Alexander J. Bruen & Willard B. Taylor) (1989); annual supplements.
Fall 1998 Eight Elected to Society of Benchers
The Cleveland Museum of Natural History was the setting for the Benchers’ annual meeting and induction of new members. From left to right: Michael J. Horvitz, John J. Conway '42, Kathleen McDonald O’Malley ’82, Dean Gerald Korngold, Jane Kober ’74, James D. Roseman ’72, David J. Hooker, Henry T. King Jr.
he Society of Benchers held its schools) and 14 members of the volved with the Beaumont School annual meeting in June and in school’s faculty. Current and former and John Carroll University as well as ducted eight new members: deans of the law school and presi CWRU. Tfive alumni, two public members, onedents of the university are members faculty member. William W. Falsgraf ex officio. Austin T. Fragomen Jr. ’68 (B.S. ’58, chairman of the society, presid Georgetown University) is a partner ed. Oliver Schroeder, professor emer in Fragomen, Del Rey & Bernsen, a itus and the society’s secretary, intro Alumni Members New York-based firm practicing ex duced each of the new members. At John J. Cjonway ’42 (B.B.A. Western clusively in immigration and national the end of the evening the gavel Reserve University) served in U.S. ity law. Earlier (1968-70) he served as passed to John E. Smeltz ’48, the Army Intelligence before beginning staff counsel to the U.S. House of chaiVro^ in 1998-99. Frances Flori- his legal career in the Cleveland of Representatives Subcommittee on Im ano Goins ’77 is vice chairman; fice of the Internal Revenue Service. migration, Citizenship, and Interna Robert S. Reitman ’58 is treasurer; In the 1950s he spent five years with tional Law. He is editor in chief of Im Schroeder continues as secretary. Thompson Hine & Flory as an associ migration Law Report and coauthor of ate, and in the early 1990s he was of a treatise. Immigration Law and Busi Over the years since it was founded counsel to that firm. But for most of ness; from 1975 to 1986 he taught law in 1962, the Society of Benchers has his long career he has had his own at New York University as a member honored 220 alumni with election to practice, focusing on corporate and of the adjunct faculty. He is chairman membership. It has elected 32 public tax law. Outside the law, his primary of the American Council on Interna members (i.e., graduates of other law interest is education; he has been in tional Personnel and vice chairman of the Center for Migration Studies.
Case Western Reserve University School of Law 4 Northern District of Ohio, since 1994. can, Canadian, and Mexican bar asso She began her legal career as clerk ciations, on the settlement of interna for Judge Nathaniel Jones, U.S. Court tional disputes. His book. The Two of Appeals for the Sixth Circuit, then Worlds of Albert Speer: Reflections of a practiced law with Jones, Day, Reavis Nuremberg Prosecutor, was published & Pogue and Porter, Wright, Morris & last fall by the University Press of Arthur. At the time of her nomination America. to the federal bench she was first as sistant attorney general and chief of staff to the Ohio attorney general, Public Members Lee Fisher ’76. In 1992 the Law Alum David J. Hooker (B.A. Denison Uni ni Association named her Distin versity, J.D. Stanford University) is guished Recent Graduate. managing partner of Thompson Hine & Flory. He has been with that firm James D. Roseman ’72 (B.A. Ohio since his graduation from law school; University) spent two years in private his specialty is complex business liti practice before entering the corpo gation. He is a trustee of Denison Uni rate world via the Ameritrust Compa versity and of the National Confer ny. He was vice president and senior ence, whose development committee development officer for the Personal he chairs. He has served as trustee of Trust Division when he left Amer the Cleveland Bar Association and itrust in 1992 to become vice presi chair of its Juvenile Justice Commit dent and regional trust manager for tee. He is a fellow of the American Merrill Lynch. Since 1995 he has been College of Trial Lawyers and has vice president of the Key Trust Com taught workshops under the sponsor pany of Ohio, a subsidiary of Key ship of the National Institute for Trial Oliver C. Schroeder Jr. provided introduc Corp. He serves on the planned giv Advocacy. tions and entertainment. ing councils of University Hospitals and the Cleveland Museum of Art. Michael J. Horvitz (B.S. University of Pennsylvania, J.D. University of Vir Jane Kober ’74 (A.B. Pennsylvania ginia, LL.M. New York University) is a State University, M.A. University of Faculty Member partner of Jones, Day, Reavis & Chicago) clerked for Judge William K. Henry T. King Jr. (B.A., LL.B. Yale Pogue; he is Midwest regional chair Thomas, U.S. District Court, Northern University) prosecuted war criminals of the firm’s private business and in District of Ohio, before joining Squire, at Nuremberg and then had a distin vestment practice. He is president of Sanders & Dempsey. She was a part guished career as a corporate coun the Cleveland Museum of Art and a ner in that firm’s New York office sel before embarking on a second ca trustee of Case Western Reserve Uni when she moved on to Shea & Gould. reer as a law teacher. He joined the versity, the Musical Arts Association, Since 1989 she has been a partner of CWRU faculty after retiring from TRW and the Jewish Community Federa LeBoeuf, Lamb, Greene & MacRae. as chief corporate international coun tion of Cleveland. As a university She has been the lead corporate at sel; he teaches International Arbitra trustee he cochaired the major gifts torney in numerous mergers and ac tion and is U.S. director of the Cana- division of the recent capital cam quisitions, joint ventures, recapital da/U.S. Law Institute. He serves on paign; he chairs the board’s Student izations, and financing transactions. the ABA’s special task force on war Life Committee and is a member of Her practice concentrates on crimes in the former Yugoslavia and the Executive Committee and the development-stage companies. is the U.S. chairman of a joint work Technology Transfer Committee. ing group, organized by the Ameri Kathleen McDonald O’Malley ’82 (B.A. Kenyon College) has been a judge of the U.S. District Court,
John E. Smeltz ’48 (left) chairs the Society of Benchers in 1998-99, succeeding William W. Falsgraf ’58.
One new Bencher was unable to attend: Austin T. Fragomen Jr. ’68.
Fall 1998 Silver Anniversaries
Kathleen Carrick, provides support and encouragement director of the to dozens of adjunct faculty. She’s library, told us: “It known around the law school for her was Sonia’s daily, ability to work magic with computer dedicated, intelli software. gent, meticulous hard work as the library’s only professional cata- loger that allowed us to produce our online catalog. Sonia supervised the conversion of our records from the traditional catalog. This is a lifetime achievement that testifies to her competence and dedication.”
Cynthia Hill spent 20 years as a secretary in CWRU’s Sonia Solomonoff School of Medicine, first in the syllabus wo members of the law school office, later in minority student staff recently marked 25 years affairs, the admissions office, and at Case Western Reserve finally the registrar’s office. She came TUniversity and were honored for to the law school in July 1992 as their long and dedicated service. secretary to the associate dean for academic affairs—then Calvin Joel Makee Sonia Solomonoff has been catalog Sharpe, who was shortly thereafter librarian at the law school since succeeded by Wilbur Leatherberry Says Leatherberry: “Cindy is unflap February 1979. Before becoming a ’68. Now she assists both Leather- pable. She gets the work done and librarian, she taught elementary berry and Bryan Adamson, assistant maintains a cheerful disposition even school, spent time as a stay-at-home dean for student services, and she at the busiest, most stressful time. mother, and earned a master’s degree She’s an effective problem in social studies from (then) Western solver, and always a plea Reserve University, taking one course sure to deal with.” per semester. In 1973 she began work at CWRU’s Freiberger Library and And we should note that enrolled, part time, in the School of Joel Makee ’69 has com Library Science, which awarded her pleted 25 years as university the M.S.L.S. in 1978. attorney. He is the univer sity’s attorney of record, the She told us: “1 still work as a cata principal legal adviser to the loged but 1 also do reference, and president and other senior I’m responsible for the physical officers and to the Board of preservation of the materials in the Trustees. He supervises the library. The way in which we do university’s legal staff and cataloging has changed radically over manages the involvement of the years. In 1979 we ordered cards external counsel, and he has from the Library of Congress, typed oversight of the university’s the'information on them, and filed immigration office—no small them In the public catalog. Now we responsibility, given the use and contribute to the national numbers of foreign nationals database of bibliographic records who study, teach, and do at OCLC and download these records research on campus. to CWRU’s local online catalog, which is part of the state-supported OhioLink system.”
Cynthia Hilt
Case Western Reserve University School of Law Wanted: Alumni Mentors
by Barbara C. S. Weinzierl her Patent Law Assistant Dean for Career Services class. Realizing that she needed o find employment in a to learn more competitive job market, today’s about the field of law students need every patent law, she advantageT they can get. They must signed up for the understand the legal job market, mentor program, know where the jobs are, decide how and we were able best to market themselves, and learn to match her all they can about the practical with Himanshu, aspects of the legal workplace. In who had written response to this need, the Career on our question Services Office has started a new naire that he alumni mentor program. By matching would like to Susan Stevens JamsJaros ’73 and Maura Brozouic US. students with graduates, the program help students gives them a chance to learn things interested in about law practice that they may not intellectual property learn more path and her current job. Maura said learn in law school, and to discuss about the field and about how to that those discussions and Susan’s issues of current interest in the legal break into this area of practice. suggestions on career options and profession. interviewing gave her a new perspec Meredith told us that her mentor was tive and helped to validate her own We make it clear to students that the “the most valuable resource for feelings about a traditional legal mentor is not there to get them a job. information and guidance regarding career. Susan also gave her advice on But mentors do offer students advice patent law.” The two have met for networking, and on how to answer on effective job searches, hints about lunch but most often communicated questions during interviews. networking, and guidance in prepar by e-mail. When Himanshu took part ing resumes and cover letters, and in a panel discussion on patent law After graduating in May, Maura they share their own experiences in cosponsored by the Career Services continued working at the Dively making the transition from law Office and the Student Intellectual Center of CWRU’s Weatherhead student to lawyer. Property Law Association, Meredith School of Management, developing attended. Meredith particularly marketing materials for the executive In the summer of 1997, we sent a appreciated Himanshu’s advice on M.B.A. program. Meanwhile she kept letter to more than 500 alumni in the course selection, interviewing for job-searching, investigating higher Cleveland area inviting them to patent law positions, and patent law education administration among become mentors. More than 100 bar review courses. other possibilities. And now she is volunteered. We used information CWRU’s assistant director of univer given us by participating students Example 2: Maura Brozovic ’98 and sity alumni affairs. and graduates to match people with Susan Stevens Jaros ’73, the univer similar backgrounds and interests. sity’s associate vice president for Meredith is back in law school after a For example, we considered under development. Susan signed up for the busy summer working for a law firm graduate college, area of practice, mentor program because she loves in Mayfield, Ohio, and studying for 13 and both parties’ expectations of the working with and helping young the patent bar exam, which she took program. We sent letters informing people, especially law students who in August. She also completed her participants of the matches, and we want to put their law training to work law school writing requirement and asked the students to make the first outside a traditional law firm setting. submitted her paper, on copyright contact. Since many students are interested in misuse, to the Nathan Burkan Writing nontraditional careers, we had no Competition sponsored by the What happened next was up to the problem finding a match for Susan. American Society of Composers, student and the mentor. We suspect Authors, and Publishers. It won first that the pattern has varied widely: Maura realized after clerking for prize at CWRU and was sent on to the some have met frequently, others just several Cleveland firms that she national competition. once or twice; some have met for wanted to use her law degree in a lunch, others have spent a day nontraditional setting. She set out to We in the Career Services Office have together. We have distributed no investigate other avenues. Feeling a appreciated the terrific response of followup surveys and gathered no bit scared and frustrated, she came alumni to the mentor program, and numerical data, but we have anecdo to the CSO for advice. We recom so have all the students. Over the tal evidence of some good results. mended the mentor program and next months, we plan to expand the paired her with Susan. The rest, as program throughout Ohio and to Example 1: Meredith Haymes ’99 and they say, is history. selected cities around the country. Himanshu Amin ’95, a patent attorney We look forward to adding more at Renner, Otto, Boisselle & Sklar in Maura and Susan met several times alumni to our list of available Cleveland. Meredith entered law at Susan’s office and became fast mentors. If you are interested in school with a background in friends. Susan was attentive and participating, or if you have any medicine and an interest in health interested, Maura told us, and she questions, please call the office at law, but found herself intrigued by talked candidly about her own career 216/368-6353 or 800/856-6353.
Fall 1998 Commencement Dai
he gods were smiling on Case There were three honors graduates of Most of the individual award winners Western Reserve’s 1998 the foreign LL.M. program; Yusuf appear in a picture, but the photogra commencement ceremonies; Caliskan (from Turkey), Kawsak pher missed a few of them. Alisa TSunday, May 17, was the best of all Pattanasak (Thailand), and Kai Kipnis won the Diane Ethics Award. possible spring days. Following the Schadbach (Germany). Joan Wasylenki won the Collier university convocation the law Award for achievement in the law- graduates, faculty, family, and friends Eight J.D. graduates were elected to medicine curriculum and the Moss assembled at Severance Hall for the the Order of Barristers, a national Award in evidence. Aaron Paul Nocjar law school’s diploma exercise. All honor society recognizing excellence won the Petersilge Award (wills and told, the class of 1998 numbers 233: in moot court and mock trial trusts). The Lesbian and Gay Law 184 J.D. graduates, 24 recipients of activities: Alliance awarded its essay prize to James F. Walsh Jr. Winners of the the LL.M. in taxation, and 25 foreign Nariman Patrick Dastur lawyers awarded the LL.M. in U.S. Hergenroeder Award (trial tactics) legal studies. (Those numbers Von Avery DuBose were Megan Pepper Frient, include graduates of August 1997 and Wendy Jean Ekman Paul William Linehan, Alicia Marie January 1998.) Heide Lynn Herrmann McDowell, Ian D. Midgley, Colleen Ann Mountcastle, Latha Malini Arjun Lai Kampani Srinivasan, and Rachel May Weiser. Karen Nelson Moore, judge of the U.S. Todd A. Morth Court of Appeals for the Sixth Circuit and formerly professor of law at Elizabeth Sarah Rudnick CWRU, delivered the commencement Michael Christopher Swiader address. The Student Bar Association named Paul Giannelli Teacher of the Year and presented the Dennis J. Jenks Memorial Award to Carole Zalokar, assistant registrar.
Marie Aliene Bris-Bois gradu ated summa cum laude and, of course, was elected to the Order of the Coif, along with 16 magna cum laude graduates: Bianca Lisa Bishop Steven Carl Bordenkircher William M. Carter Jr. Joseph Summit Chu Margaret Ann Hendershot Jennifer Nock Hinton Jennifer Ivy Kratt Hallie Gayle Ludsin Beryl Zenaida MacLachlan John Joseph McGuire Ian D. Midgley Dean Gerald Aaron Paul Nocjar Korngold with Judge Karen Colleen L. Rest Nelson Moore, Britt Jason Rossiter who delivered the James F. Walsh Jr. main address at the law school Joan Patricia Wasylenki ceremony.
Mary Bryan Murphy, Student of the Year, and Paul C. Giannelli, Teacher of the Year.
Case Western Reserve University School of Law Judge Karen Nelson Moore on Integrity (an excerpt from her commencement address)
I believe that by focusing on integrity you will be a better and even more successful attorney. First, you will gain the respect of your col leagues and the courts, both of which you will find to be invaluable as you grow in your new positions. Second, on a more practical level, your legal work itself will be superior and more insightful. For example, in my experience as a judge, we review written briefs from the parties before we hear the oral arguments. On some Administrator of the Year. occasions, 1 have come across arguments in the briefs that have failed to confront significant facts in the case or legal precedents that detract from the argument. I must tell you that this does not help their case. It only leads a judge to believe that counsel have failed to analyze thor The SBA’s Martin oughly the strengths and weaknesses of their Luther King Award argument. Moreover, when 1 see that counsel went to Marqueta has misrepresented a fact, mischaracterized a Neal Tyson. precedent, or omitted discussion of adverse legal precedent or statutory or regulatory mate rial, I immediately discount the remainder of counsel’s argument—the presumption of reliabil ity and trust has burst like a bubble. It is much better to confront the difficult questions, be honest with the court and your clients about the status of the facts or the legal support. This is but one example; my emphasis is on the fact that practicing integrity can help you be not only a better person but a better advocate and a better counselor as well.
Discovery practice offers a prime example of the need for integrity in legal practice. Numerous lawyers and judges today bemoan the behavior of some lawyers in discovery. Rather than achieving its designed role of informing each side about the factual information underlying a dispute or transaction that is the subject of liti gation, discovery nowadays can become a blood sport to the death. There are lawyers who aim to overwhelm the opponent with oppressive dis covery requests; there are lawyers who respond to legitimate discovery requests with obfusca tion, a deluge of documents, or outright false hood. These behaviors are the antithesis of the principle of integrity and tend to destroy the goal of our justice system of resolving disputes fairly in light of the underlying facts. Marie Aliene Bris-Bois, 1 suggest that you remind yourself each day of the only summa cum the first canon of the Ohio Code of Professional laude graduate in 1998, Responsibility: “A lawyer should assist in main won the Society of taining the integrity and competence of the legal Benchers Award. profession.” A reputation for honesty is proba bly the most valuable resource that a lawyer has. You start practice with a clean slate—a pre sumption of integrity. Keep that presumption, do not let your conduct cause it to be rebutted, and do let the principle of integrity guide your conduct both in and beyond your legal practice.
Fall 1998 Stephanie Straub and Alice (Mrs. JacI Cronquist. Straub's performance in ti clinical program won her the Jai Cronquist Award, named memory of a 191 graduat
The three honors recipients of the LL.M. in U.S. legal studies. Yusuf Caliskan, Kawsak Pattanasak, and Kai Schadbach.
'•Si-
Frederick Peter Lehr won the Banks-Baldwin 16 Clinical Program Award.
Jennifer Kratt won the Moss Award (evidence) and the'Petersilge Award (wills and trusts). Her father is Peter Kratt '66.
Elizabeth Rudnick won the Hergenroeder Award (trial tactics) and the Blachman Award (for a paper on improving local, state, or national government). Her father is Alan Rudnick '73.
Case Western Reserve University School of Law I
Leo David Congeni won the American Bankruptcy Institute Medal of Excellence. He’s with his aunt, Donna Congeni Fitzsimmons, judge of the Rocky River Municipal Court The International Academy of Trial Lawyers gives a and an honorary alumna of the law prize to the outstanding student(s) in the trial school (she started with the class advocacy program. Heide Herrmann and a second- of 1976). year student, Tanya Miller, were the 1998 winners. Herrmann also won the William H. Wallace Award for excellence in litigation skills.
Molly Barbara Wleser won the family law award given by the Association of American Matrimonial Lawyers (Ohio chapter) as welt as the Saul S. Biskind Fellowship funding a year in public interest law: she is legal counsel to the Women's Reentry Resource Network, a Cleveland organization that helps women who have been in prison.
Two father/son combinations: (above left) Henry (’64) and Steven Gusky; (above right) Lawrence (’69) and Jonathan Dolin.
Fall 1998 Jennifer Nock Hinton won the Petersilge Award in wills and trusts.
Lesli Esposito won the Frederick K. Cox Seruice Award. She’s with Adria Sankovic, administrator of the Frederick K. Cox International Law Center.
LLM. graduate Abdulaziz Albahely with his daughter, Sara.
Case Western Reserve University School of Law Class of 1998 Employment Report
Here is our list, as of Aaron A. Dryer Anna M. Kern Colleen L. Rest Porter, Wright, Morris & Arthur Masters & Associates Jones, Day, Reavis & Pogue November 1, Cleveland, Ohio Cleveland, Ohio Cleveland, Ohio of the 1998 graduates who Von A. DuBose Melissa L. Kidd Britt J. Rossiter have reported their Judge Solomon Oliver Jr. Baker & Hostetler Fuller & Henry employment to the Career U.S. District Court Cleveland, Ohio Toledo, Ohio Services Office. Additions Cleveland, Ohio Joy Denise Kosiewicz Elizabeth S. Rudnick and corrections are Wendy J. Ekman Brouse & McDowell Whiteford, Taylor & Preston welcome: call the CSO at Colorado Public Defender Akron, Ohio Baltimore, Maryland Denver, Colorado Jennifer 1. Kratt Diane E. Russell 216/368-6354. Gregory A. Fishman Squire, Sanders & Dempsey Los Angeles County District Attorney Altheimer & Gray Cleveland, Ohio Los Angeles, California Kara Afrates Chicago, Illinois Presidential Management David H. Krause James V. Sabatini Intern Program Jennifer Anne Fordyce Jacobs Legal Group Sabalini & Associates Washington, D.C. Kitchen, Deery & Barnhouse Lakewood, Ohio Hartford, Connecticut Cleveland, Ohio Adrian E. Allison Fansu Ku Jennie R. Shuki-Kunze Ohio Attorney General Andrew M. Fowerbaugh U.S. Army JAGC Judge Jane Bond Columbus, Ohio Albert Fowerbaugh Law Office David S. Levine Summit County Court of Common Pleas Cleveland, Ohio Akron, Ohio Saeid Baradaran Amini Lane & Mittendorf CWRU School of Medicine Megan P. Frient New York, New York Danny L. Silfani Department of Epidemiology Thompson, Hine & Flory Winnifred E. Levy James Childs Law Office and Biostatistics Cleveland, Ohio 20th Century Fund Akron, Ohio Cleveland, Ohio Sergei V. Gaponenko Washington, D.C. Michael W. Slater Sonia R. Angley Frank M. Chapman Law Office Paul W. Linehan Liberty Mutual Insurance Company Reid, Berry & Stanard Cleveland, Ohio McDonald Hopkins Burke & Haber Lakewood, Ohio Cleveland, Ohio Ahab G. Garas Cleveland, Ohio Daniel I. Smulow Michelle R. Arendt McDonald & Company Anna-Maria Ludecke Essex County District Attorney Kelley, McCann & Livingstone Cleveland, Ohio U.S. Army JAGC Salem, Massachusetts Cleveland, Ohio Judith B. Goldstein Hallie G. Ludsin Jennifer L. Souza Arthur J. Battle Ohio Attorney General Jones, Day, Reavis & Pogue Maguire, Schneider, Zapka & Leuchtag Ford Motor Credit Company Columbus, Ohio New York, New York Cleveland, Ohio Dearborn, Michigan Lisa D. Graver Colleen Ann Monntcastle Latha M. Srinivasan Alan W. Betus Jr. Leydig, Voit & Mayer Skoch & Churchmack Duvin, Cahn & Hutton Sagemark Consulting Chicago, Illinois Westlake, Ohio Cleveland, Ohio Marietta, Georgia Steven L. Gusky Mary B. Murphy Stephanie E. Straub Steven C. Bordenkircher Thorp, Reed & Armstrong Fulcher, Hagler, Reed, Hanks & Harper Ulmer & Berne Squire, Sanders & Dempsey Pittsburgh, Pennsylvania Augusta, Georgia Cleveland, Ohio Cleveland, Ohio Derek N. Harley Kevin S. McDonald Michael C. Swiader Marie A. Bris-Bois Steuer, Escovar & Berk Hamilton, McDonald & Simpson LL.M. Candidate Thompson, Hine & Flory Cleveland, Ohio Ann Arbor, Michigan New York University Cleveland, Ohio Gregory J. Harris Alicia Marie McDowell Robert R. Teague Maura Lynn Brozovic Ernst & Young Millisor & Nobil Champion Financial Services Universily Alumni Affairs Cleveland, Ohio Cleveland, Ohio Gilbert, Arizona Case Western Reserve University Heide L. Herrmann John J. McGuire Sarah E. Thomas Cleveland, Ohio Hahn, Looser & Parks Calfee, Halter & Griswold Baker & Hostetler Alexander G. Burlingame Cleveland, Ohio Cleveland, Ohio Cleveland, Ohio Berick, Pearlman & Mills Jennifer Nock Hinton Joseph A. Nahra Marqueta Neal Tyson Cleveland, Ohio Watts, Hoffman, Fisher & Heinke Kelley, McCann & Livingstone Benesch, Friedlander, Coplan & Aronoff William M. Carter Jr. Cleveland, Ohio Cleveland, Ohio Cleveland, Ohio Squire, Sanders & Dempsey Kelly R. Hisrich Aaron P. Nocjar Jeremy A. Veillette Washington, D.C. McDonald & Company Charleston County Probate Court Ohio Court of Appeals, 12th District Cleveland, Ohio Midletown, Ohio Benjamin W. Chase Charleston, South Carolina 19 LL.M. Candidate Michael R. Houston Patrick J. Norton James F. Walsh Jr. University of Denver Lallo & Feldman Jones, Day, Reavis & Pogue Magistrate Judge Patricia Hemann Paula J. Chmura Cleveland, Ohio Cleveland, Ohio U.S. District Court Cleveland, Ohio Rubenstein, Novak, Einbund & Pavlik Jennifer B. Ingersoll Monica L. Olszewski Cleveland, Ohio Reid, Berry & Stanard Taft, Stettinius & Hollister Joan P. Wasylenki Joseph S. Chu Cleveland, Ohio Cincinnati, Ohio Jones, Day, Reavis & Pogue Los Angeles, California Kahn, Kleinman, Yanowitz & Amson Aziza D. Jimerson Robert C. Ondak Jr. Cleveland, Ohio Legal Aid Society Cigna Financial Advisers Beth E. Weaver Leo D. Congeni Cleveland, Ohio Cleveland, Ohio Thompson, Hine & Flory Judge Margaret A. Mahoney Cleveland, Ohio Bonnie A. Kabinoff Bradford J. Patrick U.S. Bankruptcy Court Coopers & Lybrand Mansour, Gavin, Gerlack & Manos Timothy J. Wehls Jr. Mobile, Alabama New York, New York Cleveland, Ohio Buckley, King & Bluso Steven E. Davis Cleveland, Ohio John Timothy Kalnay Jarrod B. Pontius Frost & Jacobs Ulmer & Berne Frost & Jacobs Molly Barbara Wleser Cincinnati, Ohio Cleveland, Ohio Cincinnati, Ohio Biskind Fellowship Amanda Gashel Dillon Women's Reentry Resource Network Arjun L. Kampani Steven M. Ranieri Roth, Rolf & Goffman Legal Aid Society Olshan Grundman Frome & Rosenzweig U.S. Army JAGC Cleveland, Ohio New York, New York Cleveland, Ohio Jennifer E. Redman Jonathan M. Dolin Lori A. Zocolo Kim I. Kaufman Judge Lynn C. Slaby Prudential Securities Jack W. Abel Law Office Squire, Sanders & Dempsey Ohio Court of Appeals New York, New York Cleveland, Ohio Cleveland, Ohio Akron, Ohio Visiting Facuity
Celestine Richards McConville is visiting assistant professor for both semesters of this academic year, teaching Constitutional Law I; Wills, Trusts, and Future Interests; and a seminar on the death penalty, which she is team-teaching with Michael Benza ’92. Last year McConville held a part-time appointment on the adjunct faculty; she taught Labor Law and Wills, Trusts, and Future Interests.
McConville holds the B.A. degree from Boston University and the J.D. from Georgetown, where she gradu ated magna cum laude in 1991. She clerked for Cynthia Holcomb Hall, judge of the U.S. Court of Appeals for the Ninth Circuit, then for William H. Rehnquist, chief justice of the U.S. Mike Walsh and Paul Cain Supreme Court. From 1993 to 1996 she practiced law in Washington with Shea & Gardner. After moving to Mike Walsh (left) and Paul Cain are Emily Field Van Tassel is a visiting Cleveiand she clerked part time for also yearlong visiting assistant associate professor for the fail U.S. District Judge Donald C. Nugent. professors, both in the Miiton A. semester, teaching Family Law and a Kramer Law Clinic. They are filling seminar. Gender and Law. She is no vacancies occasioned by Louise stranger to CWRU; her father, David McKinney’s ieave of absence (she is Van Tassel, taught for many years in in Africa) and Peter Joy’s resignation the Department of History (he retired (he is now at Washington University this year), and she earned B.A. and in St. Louis). M.A. degrees here. She received her J.D. degree from Wisconsin in 1983 Paul J. Cain has had a solo practice and is a candidate for the Ph.D. in in Newark, Ohio, since 1989; for a history at the University of Chicago. time, he was Newark’s assistant law She has taught both history (at director. Before he opened his own Chicago and Maryland) and law (at office, he had several years in Georgetown, Indiana, and Widener practice with Hyatt Legal Services in University, where she is an associate Columbus, Shapiro Legal Center in Newark, and the Central Ohio Legal Aid Society. He has a B.A. from Colorado State University and a J.D. from the Franklin Pierce Law Center.
C. Michael Walsh is on leave from the University of Akron; he has taught in that law school’s clinical program since 1993, after a two-year Celestine Richards McConville judicial clerkship with the Ohio Court of Appeals, Ninth District. He holds both B.S. and J.D. degrees from the Universjty of Akron.
Emily Field Van Tassel
Case Western Reserve University School of Law professor), and she has published in Visiting associate professor Richard both fields. Her career also has K. Gordon will teach two courses included a year as a Congressional next spring: International Organiza Fellow and a year as associate tions and a seminar, World Bank/IMF historian at the Federal Judicial Group: he is senior counsel of the Center. International Monetary Fund, specializing in external debt finance, capital controls, governance, and international taxation. Gordon received his B.A. from Yale and his J.D. from Harvard. His career includes three years of law practice in Washington with Dewey Ballantine; two stints with the Harvard Interna tional Tax Program (he was deputy director, 1991-93); and teaching appointments at the University of London and Tuft University’s Fletcher School of Law and Diplomacy. He has been with the IMF since 1995.
Visiting assistant professor Heidi Forster is based for the year at the Center for Bioethics in the CWRU School of Medicine; in the spring she will teach Bioethics and Law, one of the law school’s first-year “perspec University of New York at Bingham tives” courses. Meanwhile she ton and her J.D. from Washington continues as assistant editor of Issues University in St. Louis. She spent the Richard K. Gordon in Law and Medicine. Forster received 1997-98 year as clinical bioethics her B.A. degree from the State fellow at the Cleveland Clinic.
Development Notes Watch your mailbox for the law was particularly challenging: 1 was Every year the reunion classes are school’s Annual Report with detailed newly married, working 20 to 30 invited to celebrate the anniversary information about gifts received hours a week and taking care of with increased support of the Annual during the fiscal year that ended on another’s property and children in Fund. This year the response of the June 30, 1998. Here are some of the exchange for rent for a two-room 50-year class was particularly stellar: highlights. carriage house. My wife was also a over half of the class of 1948 partici first-year law student at CWRU, pated, and they raised more than Bequests from Dorothy Hyde and neither of our families was in $54,000 for scholarships. Many other Blazek ’29 and Dorothy Young a position to contribute financially. gifts were made in memory of R. Gilley Oldham ’43 created two new One set of used books was all we Dugald Pearson ’48, who died just 21 scholarships, the latter for women could afford. After the first before the reunion. students. Mario C. Ciano ’68 semester I was ninth in the class, honored his adoptive parents, and I greatly appreciated the law Mr. and Mrs. Vincent J. Aveni, by school’s efforts to find some John J. (’42) and Rita Conway setting up a financial assistance additional financial assistance to recently made a major gift to create a fund—the Aveni Memorial Fund— ease the burden. Eventually I scholarship fund. This is just the with preference for students of would have the honor of receiving latest evidence of their generosity: Italian-American descent. And other a Ranney Scholarship for my both this year and last, John endowments for financial aid were second and third years. Through Conway’s gift to the Annual Fund was created by Gary L. Bryenton ’65, the generosity of others, I finished the largest gift received. Angela Genovese Carlin ’55, and law school and graduated Order of Michael A. Cyphert ’73. the Coif. For further information on any A letter from Mike Cyphert speaks for Finally, a seventh endowment fund aspect of the law school’s develop many persons who have endowed established in fiscal 1998 provides ment program, call the Office of financial assistance funds: discretionary funds for the dean. Development and External Affairs, It is the gift of Frederick M. 216/368-3308. As I reflect upon my academic Lombardi ’62. years, I believe that my law school experience was the most challeng ing and rewarding. My first year
Fall 1998 Law and Order
by Alan C. Yarcusko ’93 The presentations went well until we I encourage this same group of young realized that the intended toy ray gun alumni to demonstrate their endorse During my studies at Case Western presenter was . .. well,. . . late. Thus, ment of Professor Korngold’s promo Reserve University School of Law, I I bestowed the gun to Professor tion to dean. For starters, if you are can honestly say that 1 admired and Korngold and explained its signifi not a member of the Century Club, respected each of my professors. But cance. With that, we vacated the how about it? It works out to $8.33 only one professor inspired me to podium and got back to business. per month. The club is a recognition buy a toy ray gun. program for law school alumni of five Ten minutes later, in walked the years or less who’ve given a It was 1991. The class was Property chronically tardy student. (To those minimum $100 gift. Law. I learned three things within days. in the classroom that day, I assure First, we had a great professor. Gerald you: this was not planned.) There are dozens of other ways to Korngold made 700-year-old law assist our law school. Become an interesting, even fascinating. On more Professor Korngold stopped in admission counselor or career than one occasion, 1 was so captivated mid-sentence, brandished the toy ray counselor—or both. Volunteer to by the classroom discussion that 1 gun from beneath the podium, and judge a round of moot court. Inquire neglected to take any notes. zapped the dumbfounded student about joining the adjunct faculty or dead in the aisle. You have to know participate in a lunchtime panel Second, Professor Korngold ran a the professor to appreciate that discussion on subjects of interest to tight ship. You did not come to his improbable sight. law students. Hire our students as law class unprepared. His pet peeve was clerks and our graduates as lawyers. late-arriving students, who momen 1 recount this story now because 1 tarily distracted the discussion. wanted you to know something about If you see Dean Korngold, he’ll offer the relatively new dean of law school. you more ideas about how you can And third, you had to vote—on any Those who attended the law school get involved and he’ll ask for your thing and everything. If a point was before Professor Korngold arrived in thoughts about how to improve the debatable. Professor Korngold would 1987 can rest assured that he comes law school. If there are more than put the issue to a show of hands. to the deanship with instant support two people in the room, he’ll proba Legions of alumni can recite his exact from more than a decade’s worth of bly put it to a vote. words with me: “Wait a minute. A few our most recent alumni. Students of you didn’t vote. Now come on, we used to fight to get into his And just as he did with the toy ray all have to vote. Let’s vote again.’’ always-oversubscribed classes, and gun, he’ll try to put your idea to we voted him Teacher of the Year on immediate use. One final piece of In the busy final days of the semester, multiple occasions. advice: if you do meet with the dean, a few classmates and I were faced with be on time. a choice: we could prepare for exams, or we could devise a scheme to take over the classroom on the last day of Property Law. We chose the latter.
Chris Horak ’93, a talented caricatur ist, drew Professor Korngold in an Uncle Sam outfit, striking the familiar pose from the famous recruiting poster and exhorting all of his students to vote. My job was to buy a toy ray gun (and a Bon Jovi poster, but that’s another story). Our plan was for a chronically tardy student to present the toy ray gun to Professor Korngold for use on late-arriving students in years to come. Because we feared this student might not want to draw additional attention to DAKW.M,
his dismal record for punctuality and W. would not cooperate with the presehtation, we did not tell him of .JOSEPH our plans ahead of time. I'.V
ro On the appointed day. Professor
Korngold graciously—and, no doubt, Flio against his better judgment— Alan Yarcusko practices law in Cleveland with Porter, Wright, Morris & Arthur in Cleveland. temporarily relinquished the podium. For the law school he is an admission counselor, a career counselor, and a member of the adjunct faculty. Here he is with his two children, Thomas (age four) and Abby (one).
Reprinted by permission of CWRU Magazine.
Case Western Reserve University School of Law CWRU Students Advance the Rule of Law
The attending countries were diverse, to say the least: my group, for example, consisted of Brazil, Turkey, Mexico, Latvia, and Zim babwe. But the problems and potentially adaptable solutions were remarkably similar.
For the student reporters, this was a wonderful opportunity to witness and take part in comparative legal discourse in pursuit of domestic law reform. Those of us from CWRU had all taken Professor Chodosh’s first- year course. Global Perspectives, which dedicates considerable time to problems of comparative legal process and law reform, and we Back row: Kristin Walker '00, Justin Meyers 00, and Ted Theofrastous ’99. Front: Kimberly could draw upon that background. Pikul (American University), Ramesh Mankad, retired justice of the Gujarat High Court of The conference gave us the chance India, and Joshua Levy (University of Michigan). to engage in the challenge of assess ing problems and designing adapt able solutions, all the while viewing by Theodore Theofrastous ’99 A distinguished faculty—judges from both the problems and the proposed the California Supreme Court and the solutions in a practical context. In June 1998 the Institute for the federal courts of the Northern Study and Development of Legal District of California and the Ninth We also had the chance to talk Systems, located in San Francisco, Circuit, prominent attorneys from the informally not only with our own created a unique opportunity for California bar, in-house counsel for delegates, but with all the people in several law students, including four several major corporations, and attendance. Those informal encoun from CWRU. Under the tutelage of judges and lawyers from India, ters with senior attorneys, represen Professor Hiram Chodosh, Erin Jordan, and Egypt—presented tatives from the U.S. Information Connor, Kristin Walker, Justin Meyers, lectures and demonstrations, which Agency, and judges from very and I served as assistant legal were followed by floor commentary different countries probably meant as reporters at the first annual Summer and interactive workshops. much to us as the structured meet Rule of Law Conference, held at the ings we attended and the actual legal Haas Business School at the Univer Each student legal reporter worked reporting that we did. sity of California, Berkeley. with four or five countries through out the week. Every day we each met This is not the end of the story. Next 23 The conference brought together with our delegates in debriefing spring Professor Chodosh’s advanced delegations from 34 countries, all sessions, in which a moderator course. Comparisons of Law, will either engaged in or contemplating engaged the delegates in a question- have a clinical component designed legal process reforms, for five days of and-answer session based on to involve a number of CWRU law lectures, demonstrations, workshops, questionnaires designed by Professor students in 1999 law reform projects and debriefings. Each day was Chodosh. The job of the legal and conferences sponsored by the dedicated to the study of a mecha reporter was to capture the dialogue Institute for the Study and Develop nism designed to improve the from the debriefing sessions, gather ment of Legal Systems. practical operation of civil and background information, and prepare criminal justice systems in the a summary of the problems and About the author: Ted Theofrastous participating countries. These were solutions discussed for each of the received his B.A. degree in history the days’ topics: countries in the reporter’s team. and economics from Marlboro These reports were then edited and College in Vermont, continuing an Judicial Management incorporated into materials to be already-well-established career in Mediation and Judicial Settlement used in rule-of-law projects in each of information technology management Alternatives to Criminal Trials the participating countries. while he was in college. Now in his Enforcement of Judgments and third year of law school, he is editor Arbitral Awards in chief of the Journal of International Steps Toward Legal Process Law. Reform
Fall 1998 New Jobs/New Tities Hiram E. of Brown Univer clinical faculty. (The former director, Chodosh, a sity (B.A. in Peter A. Joy ’77, now is professor of member of classics) and the law at Washington University in St. the faculty University of Louis.) since 1993, Michigan (J.D.), he has been has taught in the Lipton has had a dual career as named RAW program lawyer (J.D. Connecticut) and social director of since 1996. Earlier worker (M.S.S.W. Wisconsin). She the Freder he practiced law in came to CWRU in 1980 from the Legal ick K. Cox New York for more Aid Society in Hartford, Connecticut, International than ten years. and helped to establish the Law Center. When he decided to become a J.D./M.S.S.A. dual degree program. teacher, he gave up a partnership at Since 1983 she has been a full-time Chodosh has Akin, Gump, Strauss, Hauer & Feld. member of the law faculty. worked extensively with the Institute for the Study and Development of Bill Leatherberry ’68, associate dean Margolis graduated from the Univer Legal Systems, a San Francisco-based for academic affairs, told In Brief: sity of California at Santa Barbara and nonprofit organization that assists “Since the mid-1980s we have returned to California when he countries in modernizing their legal thought about bringing the various finished law school. For seven years dispute resolution processes. (See skills programs together under a he had a varied civil and criminal page 23.) As an academic specialist single director: RAW, the trial practice, first as a solo attorney, then and senior reporter he has done advocacy courses, the Lawyering in small partnerships and as a private collaborative studies with judges and Process course. Pretrial Practice, contracted public defender. He moved lawyers in Egypt, India, Jordan, Appellate Advocacy, mock trial and back home to Cleveland In 1983 and Pakistan, and the Palestinian territo moot court. Peter Friedman’s long joined the law faculty in 1984. ries; these studies led to articles in experience as a New York litigator international journals at Harvard, made him an obvious candi Michigan, and New York University. date for the job. He will look at the skills program as a whole Chodosh is a graduate of Wesleyan and think about the way the University (B.A. in history) and Yale courses and cocurricular University (J.D.). He has also studied activities ought to relate to in Ghana, China, Russia, Switzerland, each other. Perhaps he will and Germany. work on the sequence of courses, and maybe he’ll have Peter B. Friedman has been named some ideas for new offerings.” to a newly created position: director of Research, Analysis and Writing Interim codirectors of the [the first-year course long known as Milton A. Kramer Law Clinic RAW] and Skills Courses. A graduate are Judith P. Lipton and Kenneth R. Margolis ’76, both longtime members of the
24 Dean Announces Visiting Committee
Dean Gerald Korngold has announced the appoint Allen B. Bickart ’56; Phoenix ment of a newly constituted Visiting Committee for the School of Law, chaired by Gary L. Bryenton ’65, Virginia S. Brown ’81, Doepken, executive partner of Baker & Hostetler. Said Keevican & Weiss Korngold: “The committee will serve in an advisory Gary L. Bryenton, Executive Partner, role to the dean to foster and support the excel Baker & Hostetler lence of the law school ir\ preparing leaders for the practice of law, public service, and commerce. It is Terence E. Copeland a distinguished group, consisting of our own alumni as well as graduates of other law schools, and I am Angela Birch Cox '87, Senior Division grateful to them for this service.” Counsel, Minute Maid Company; Houston Anthea R. Daniels ’89, Calfee, The list of members follows. They are Clevelanders Halter & Griswold Gary L. Bryenton '65 except as noted. chairs the law school's Visiting Committee. Lawrence S. Dolin ’69, General Partner, George N. Aronoff ’58, Mordo Partners Chairman of Executive Committee, Benesch, Friedlander, Coplan & Aronoff William W. Falsgraf ’58, Baker & Hostetler
James H. Berick ’58, Berick, Alan V. Friedman ’63, Monger, Pearlman & Mills Tolies & Olson; Los Angeles
Case Western Reserve University School of Law
idl The Class of 2001 by Barbara F Andelman school. During the past two years, Robert A. Liebers ’83 Assistant Dean for Admissions, we’ve had such help from: State University of New York, Albany Financial Aid, Special Projects Kim D. Adams ’95 Suzanne T. Longbrake ’95 Kent State University Good news from the Office of Admis University of Miami sions. Despite the continued national Christopher M. Bechhold '80 Michael C. McDaniel ’82 decline in law school applications Cincinnati Law Fair Michigan State University during the 1998 admissions cycle, this law school saw its applicant pool in Michael A. Benoit ’93 Kevin J. Magorien ’76 crease by 3 percent. That meant that George Washington University University of Washington we could bring in another outstand ing class. In fact, the quantitative cre Stewart A. Binke ’92 Lawrence L. Newton ’73 Pennsylvania State University dentials of the entering class actually Michigan State University rose this year, which is quite amazing Thomas B. Brigham Jr. ’72 Douglas B. Schnee ’94 in such a competitive market. University of Rochester Dillard University Tulane University The class of 2001 came in with 201 Van C. Ernest ’91 members; 47 percent are women, and College of William and Mary Edward J. Shive ’78 10 percent are persons of color. They Syracuse University represent 117 different colleges. Just Donald G. Featherstun ’79 over half (54 percent) are from Ohio; Bay Area (California) Law Day Peter R. Siegel ’93 Florida Atlantic University the rest come from 30 other states. Douglas R. Folkert ’81 Denison University Steven T. Sloan ’73 We continue to review our recruit Ohio University ment strategy and keep an eye on Damon B. Forney ’97 changing demographics. We are al University of California, San Diego Juliana Spaeth ’89 ways seeking to recruit in new areas, University of Dayton and we are happy with the results. David D. Green ’82 The first-year class includes two stu Temple University From all indications, this will be an dents from Arkansas, Arizona, Florida, other challenging year as law school Georgia, North Carolina, Washington, John N. Gulick Jr. ’70 applications continue the nationwide and Wisconsin; three from Tennessee Bay Area (California) Law Day decline. But we have a lot going for us at CWRU. We have scholarship and West Virginia; four from Utah and Daniel R. Hansen ’95 money available—Remember the An Virginia; and five from California. Johnson C. Smith University nual Fund! And we have 1100 alumni Our alumni can help us reach poten Thomas J. Intili ’86 around the country who serve as our tial applicants in places where we Wittenberg University “admission counselors” and talk with might not otherwise have a presence. prospective students. We’re working Our small admissions staff can’t pos Jason Korosec ’97 hard to bring the very best prospects sibly appear at all the recruitment Dallas Law Forum to this law school, and I’m confident fairs across the country, but often we that in another year you will hear can send a graduate to represent the Kenneth J. Levine ’88 good news about the class of 2002. Illinois State University
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Frances Floriano Goins ’77, Richard A. Matasar, Dean, University of Robert S. Reitman ’58, Retired Chairman & Squire, Sanders & Dempsey Florida College of Law; Gainesville CEO, Tranzonic Companies
Ronald Anthony Gray ’78, Managing Maud E. Mater ’72, Executive Vice Peter M. Sikora ’80, Judge, Cuyahoga Counsel, American Express; New York President, General Counsel & Secretary, County Court of Common Pleas, Juvenile Freddie Mac; McLean, Virginia Division David J. Hooker, Managing Partner, Thompson, Hine & Flory Patrick F. McCartan, Worldwide Managing R. Thomas Stanton, Chairman, Squire, Partner, Jones, Day, Reavis & Pogue Sanders & Dempsey Michael J. Horvitz, Jones, Day, Reavis & Pogue Karen Nelson Moore, Judge, U.S. Court of Hilary Taylor, Weston Hurd Fallon Paisley Appeals, 6th Circuit & Howley Roger Y. K. Hsu ’64, Chairman & CEO, Hexiad International Ltd. Kathleen M. O’Malley ’82, Judge, U.S. David Weiner, Hahn Loeser & Parks District Court, N.D. Ohio Stephanie Tubbs Jones ’74, Cuyahoga Harry H. Wellington, Dean, New York Law County Prosecutor; as of January 1999, Richard North Patterson ’71, School U.S. Congresswoman, 21st District, Ohio Novelist; San Francisco Margaret Louise Wolff ’79, Skadden, Arps, Jane Kober ’74, LeBoeuf, Lamb, Greene & Richard W. Pogue, Senior Adviser, Slate, Meagher & Flom; New York MacRae; New York Dix & Eaton Margaret Wong, Wong & Associates William B. Lawrence ’70, Executive Vice Harold H. Reader ’74, Managing Partner, President, General Counsel & Secretary, Ulmer & Berne Miles J. Zaremski ’73, Rudnick & Wolfe; TRW Inc. Chicago
Fall 1998 1998 Class Reunions
For more great photos of the 1998 Alumni Weekend—especially the all-alumni open house and other events in the law school building—check out the website: http://lawwww.cwru.edu/cwrulaw/alumni/reunion.html
Proctor Jones (from California) and Clyde Rhein; Proctor’s daughter Jessica is in the background.
Jo and Fred Becker (standing) came from Texas; Walter Joe Tulley, Mitch Shaker, and Larry Turnock. Mills and his daughter Carolyn came from Georgia.
1948
Allan Miller and Eb Weibner study the graduation photo.
Beth and Jim Hoffman. Anyone who came of age in the forties knows you can’t have a party with no dancing.
Case Western Reserve University School of Law Fall 1998 Faculty Notes
Arthur D. Austin’s new book, The Peter M. Gerhart completed a paper In May, in Washington, he presented Empire Strikes Back: Outsiders and on interpretive methodology under a current developments report to the Struggle over Legal Education, is the United Nations Convention on the Committee on Sales, Exchanges, for sale at the CWRU bookstore; the Contracts for the International Sale and Basis of the ABA Section of author will autograph your copy at of Goods; it explores whether the Tcixation. no charge. Characterized by the methodology has led to uniform publisher (NYU Press) as “neither interpretations of the convention by He also reports: “I’ve worked on a partisan nor objective,” the book national courts. The paper was the law reform matter with state repre concludes with the prediction that basis for three lectures that Gerhart sentative (and adjunct professor) “hostilities between the radical delivered at a conference in Croatia; Edward Jerse. S corporation buffs Outsider wing and Empire scholars it will be published along with other may be horrified (or gratified) to will continue unabated. . . . The papers from the conference. learn that so-called “electing smali ultimate result will be a fractious, business trusts,” which can be S distracted, and demoralized environ corporation shareholders, wind up ment, with the students, and eventu Recent publications by Paul C. slipping through the cracks of the ally the profession, paying the price.” Giannelli: 1998 Supplement to Ohio tcix system. Ed Jerse has Scientific Evidence (with Imwinkel- introduced legislation to correct ried); “Daubert in the States,” in the that problem.” To be published in the Iowa Law Criminal Law Bulletin; and three Review: “The Comparative Method: pieces in the Public Defender Finally, Jensen now holds the David Which Method?!?” by Hiram E. Reporter—“Traps and Problems L. Brennan Chair. See p^ge 7. Chodosh. Issues,” “Double Jeopardy: ‘Twice in Jeopardy,”’ and “Double Jeopardy: ‘Same Offense.’” See also Joint At a conference sponsored by George W. Dent Jr. has an article Ventures. the global ministries board of the forthcoming in the Hastings Constitu United Church of Christ, Peter D. tional Law Quarterly: “The Defense of Last spring he spoke to the Cuyahoga Junger participated as the Buddhist Traditional Marriage.” County Criminai Defense Lawyers representative in an extensive Association on “Expert and Scientific panel discussion with representatives Dent was quoted (on corporate Evidence” and traveled to Orlando to of the Islamic, Hindu, and Sikh governance) by the Akron Beacon lecture on “Daubert and Criminal traditions. Journal, September 16, 1998, in an Litigation” at the University of Florida article headed “Spotlight Needed on College of Law’s Program on Science Telxon Players.” and the Law. During the summer Henry T. King Jr. traveled to Dallas for the annual meeting of the Southwestern Legal A forthcoming symposium issue of Professor Emeritus Simon L. Foundation’s International Advisory the Mississippi Law Journal will Goren’s transiation of German Law Board and thence to Rome, where include an article by Jonathan Establishing General Terms of he attended sessions of the United L. Entin, “The Sign of ‘The Four’: Business Contracts (A.G.B. Gesetz) Nations Conference on the Inter Judicial Assignment and the Rule has recently been published by national Criminal Court as a repre of Law.” Rothman & Co., which has also sentative of the Former Nuremberg brought out a second edition of Prosecutors Organization. He aiso In recent months Entin has been The German Commercial Code, attended the ABA’s annual meeting in quoted in the Baltimore Sun, the translated and with an introduction Toronto; there he was renamed U.S. Christian Science Monitor, the Cincin by Goren. chair of the U.S./Canada/Mexico nati Enquirer, the Lake County News- Working Group on the Settlement of Herald, and the Los Angeles Times; in International Disputes. More recently August he was interviewed twice on Erik M. Jensen finished two articles he was honored by the U.S. secretary WCPN (Cleveland public radio). The during the summer. “The Continuing of commerce for his 25 years’ service topics of these media encounters Vitality of Tribal Sovereignty Under as a member of the Northern Ohio have ranged from the Supreme the Constitution” will appear in the District Export Council; he chaired Court’s decision in National Endow Montana Law Review, and the North the council for many years. ment for the Arts v. Einley to the Dakota Law Review will publish federal district court decision “American Indian Law Meets the enjoining the use of statistical Internal Revenue Code: Warbus v. Colloqui: The Cornell Journal of sampling as part of the next census. Commissioner. ” He then prepared an Planning and Urban Issues has And, finally, an essay by Entin on abbreviated version of his recent published an articie by Gerald Barry Goldwater and the state of our Columbia Law Review article— Korngold, “Enforcement of Restric politics appeared in the Quincy “The Apportionment of ‘Direct tions by Homeowners Associations; (Massachusetts) Patriot Ledger. Tcixes’: Are Consumption Taxes Balancing Individual Rights and Constitutional?”—for publication in Community Interests.” Tax Notes.
Case Western Reserve University School of Law The Tulane Law Review will publish Andrew P. Morriss spent a good on the executive board of the AALS “Why Infer? What the New Institu part of the summer in Montana Section of Labor and Employment tional Economics Has to Say About taking part in the Liberty Fund Law. Law-Supplied Default Rules,” by Summer Institute; in August he Juliet P. Kostritsky. And Kostritsky lectured at the Foundation for has been invited to participate as an Economic Education’s advanced Ann Southworth presented two observer in the drafting committee seminar in Irvington-on-Hudson, New papers at the 1998 annual meeting of work for the contracts portion of the York. He also delivered a paper, “Law the Law and Society Association: multistate bar examination. on the Range: Private Provision of “Lawyers and the Politics of Rights in Law in the Free Grass Era,” at a Civil Rights and Poverty Practice” for faculty workshop at George Mason a panel on Access and the Politics of James W. McElhaney has continued University. Legal Aid, and “When the State Is Not his regular appearances in Litigation an Adversary” for a session titled (“Planning to Win,” “The Real Law”) Morriss has several articles forth Cause Lawyering and the State: and in the ABA Journal: “Angus on coming: “Charting the Influences on Patterns of Conflict and Cooperation. Direct,” “The Case Is Falling Apart,” the Judicial Mind: An Empirical Study On the basis of the second paper she “Making Memories,” “Make It Habit of Judicial Reasoning” (with was invited to participate in a Forming,” “Staying Out of Traps,” coauthors) in the N.Y.U. Law Review, conference in Italy in June 1999, “Hit Themes,” and “Hand-Me-Down (see page 3) “Decius Wade’s The sponsored by the Rockefeller Trials.” Common Law’” in the Montana Law Foundation. Review, “Simple Paths to Simple In the spring he was a featured Rules” in Constitutional Political speaker at Yeshiva University’s Economy, “Law and Economics and Wendy E. Wagner has been Cardozo School of Law and he Tort Law” (coauthored) in the Albany appointed to the executive traveled to Jacksonville, Florida, Law Review, and, in The Freeman: committee of the Law and Risk for two speeches, one sponsored by Ideas on Liberty, “Pound Scum” and Science Specialty Group of the Holland & Knight and the other “Does the Internet Prove the Need for Society for Risk Analysis. Last spring before the Chester Bedell Chapter Government Investment?” she presented papers at the Stanford of the American Inns of Court. He Law School Environmental and presented CLE programs in San National Resource Workshop Seminar Francisco, Dallas, Biloxi, Kansas Calvin W. Sharpe, who is visiting at and at a conference on brownfields City, St. Louis, Pittsburgh, Philadel the University of Minnesota this sponsored by the University of phia, Reading, Biloxi, Hot Springs semester, has been selected to serve Kentucky Journal of Natural Resources (Arkansas), East Rutherford and Environmental Law. (New Jersey), and three cities in Canada: Calgary, Edmonton, and Mt. Tremblant.
Kevin C. McMunigal has an article In October Andrew P. forthcoming in the Yale Law Journal: Morriss (right foreground) “Desert, Utility and Minimum Con and Wendy E. Wagner tacts: Toward a Mixed Theory of (hooded, at left) were in Personal Jurisdiction.” His “Distin Montana for the Political guishing Risk from Harm in Conflict Economy Research Center’s Political Economy of Interest,” first published in llT’s Forum on the Common Perspectives on the Professions, is Law and the Environment being reprinted in the Business and Morriss was codirector of Society Review. the program and delivered a paper: “Lessons from the 31 Last spring McMunigal spoke to the American Codification City Club of Cleveland on the Debate for Environmental Whitewater investigation; the talk Law. ” Wagner took part as was broadcast nationally on radio a commentator. and shown on C-SPAN and Cleve land’s WVIZ-TV. More recently (in October) he was a panelist at the Joint AALS fall workshop on Locating Professional Responsibility in the Ventures Curriculum; he spoke about the pros and cons of the “pervasive method,” Kathryn Mercer, Peter Friedman, Paul C. Giannelli and William in which legal ethics instruction is and Mary Kay Kantz are coau Kurtz, a member of the adjunct integrated into courses throughout thors of a chapter, “Writing faculty; Ohio Criminal Justice, by the curriculum. Effectively,” in Skills for Effective Paul C. Giannelli and Lewis R. Management of Non-Profit Organi Katz; and Ohio Evidence Hand zations, eds. Edwards, Yankey & book, by Paul C. Giannelli and Kathryn Sords Mercer gave a Alpeter, NASW Press 1998. former faculty member Barbara workshop at the Legal Writing Rook Snyder. Conference. Her topic: “Integrating West has published these 1998 Computer-Assisted Legal Research revisions: Ohio Juvenile Law, by and Manual Research.” See also Joint Ventures.
Fall 1998 New on the Staff Laurel Skillicorn Gibbs, a 1997 The law graduate of the law school, is our school’s new director of alumni affairs. She new joined us late in the summer, just in director of time to take charge of the mid- finance and September Alumni Weekend. administra tion is Patricia L. Kost, who arrived in late September. She is a certified public accountant and a graduate (B.B.A., M.B.A.) of Cleveland State University. As the law schpol’s chief finance officer, she has management arrived at the Susan Renee Seliga responsibilities for financial issues law school in mid-July as assistant and the annual budget, as well as for director of career services. She is a 1995 graduate of Cleveland State human resources and the building. University’s Cleveland-Marshall Kost has experience in both non College of Law, with a B.S.B.A. from profit and for-profit organizations. Ohio State. In addition to advising Gibbs grew up in Elyria, west of Most recently she was treasurer of Cleveland, and majored in journalism students on career-related issues, she Ursuline College in nearby Pepper is helping to plan workshops and at Ohio University, graduating summa Pike. She began her career with career presentations and prepare cum laude in 1994. She chose the Lytkowski & Company, a Cleveland CWRU law school because of newsletters and other materials for accounting firm, then worked for the the Career Services Office. “location and reputation.” She Industrial Timber & Land Company of was happy with her choice; she Beachwood (as accounting manager) Although she is just three years out especially has fond memories of and the Ridge Tool Company of Elyria Louise McKinney’s course in poverty of law school, she brings to the job a variety of legal experience. As a law (as tax accountant). In 1991 she law, Gerald Korngold’s property and became business manager of the student she began working for the real estate courses, and part-time Cleveland YMCA, and from 1993 to work in the Milton A. Kramer Law city of Brook Park, and she continued there for a year after graduation. She 1996 she was controller of the Clinic. Temple-Tifereth Israel in Beachwood. moved on to become general counsel She began her career as an associate of Corporate Collections, then practiced for a year and a half with A lifelong Clevelander, Kost shares a with the Cleveland firm of Weltman, suburban house with two cats. She the Cleveland firm of Javitch, Block, Weinberg & Reis (of whom two are describes herself as “an avid Cleve CWRU law graduates: Robert B. Eisen & Rathbone. land Rockers fan” and a football Weltman ’65 and Alan H. Weinberg enthusiast as well. ’74). “It was a good experience,” she In her nonlegal life, Seliga is an says: “I’m glad I worked for the firm. 1 aerobics instructor and an accom enjoyed working with credit unions plished harpist: she studied with and advising them on various issues.” Alice Chalifoux, longtime principal Anne- harpist of the Cleveland Orchestra, Marie E. Still, she was delighted to return to and has performed with the Cleve Woltinin joined the the law school. “It’s wonderful to be land Institute of Music Harp Ensem staff in back,” she told us. “There have been ble. She lives in Twinsburg with her October as many changes since I graduated—all husband, John, a commercial real cissistant very positive. 1 hope I can find new estate broker. director of ways to serve the alumni. They have admissions; a strong commitment to the school, she comes and they deserve to have an equally to us from strong alumni program.” John i Carroll Gibbs is married to another graduate University, of the law school: Arthur Gibbs ’96. where she held the same title. John He is an associate of Thompson, Hine Carroll is her alma mater (B.S. in & Flory. psychology), and she also has a master’s in higher education adminis tration from Saint Louis University.
Wolanin has earlier connections with Case Western Reserve. She worked for a time in the Office of Undergrad uate Admissions, and her brother John is a 1990 graduate of the law school.
Case Western Reserve University School of Law AIumNotes
by Beth Hlabse 1971 1977 Richard North Patterson has his ninth novel on the bookshelves. No Safe Place, which depicts the overheated 1951 final days of a presidential The Cuyahoga County campaign. Criminal Defense Lawyers Association gave its John P. Butler Lifetime Achievement 1973 Award to Rocco J. Russo.
1953 Gregory P. Miller was Howard E. Hendershott Jr. appointed to serve as special has joined Ziegler, Metzler & After many years as director of discovery master in the Miller in Cleveland. our clinical program, Peter A. multi-district litigation In Re: Joy has taken a position as Diet Drugs (Phentermine/Fen- professor of law at Washington fluramine/ Dexfenfluramine) University in St. Louis. There 1955 Products Liability Litigation. Edwin Z. Singer was elected he is director of the Criminal to the board of Pioneer- After more than 20 years as a Justice Clinic; he also teaches Standard Electronics in trial attorney with the Professional Responsibility Garfield Heights, Ohio. Antitrust Division of the U.S. and Trial Practice and Neil R. Chrystal has been Justice Department, Edmund Procedure. elected a fellow of the B. Round Jr. has been 1958 American College of Trust and appointed an administrative Estate Counsel. law judge. He is assigned to the Social Security Administra tion Office of Hearings and 1974 Appeals in Cleveland. William A. Davis has joined the Cleveland office of Roetzel Donald S. Scherzer is now a & Andress as an associate in partner in the Cleveland office medical malpractice. of Roetzel & Andress. Christopher E. Soukup has joined Ziegler, Metzler & Miller in Cleveland. Gary J. Zimmer has formed his own firm, Zimmer & From Curtis L. Lyman Jr.: “I Thomas A. Unverferth began Associates, in Portland, was appointed president of a three-year term as District 3 Oregon. Zimmer is currently Wilmington Trust FSB in representative on the Board of the president of the Oregon Florida in January 1998.1 am Governors of the Ohio State Chapter of the American responsible for Wilmington’s Bar Association. Academy of Matrimonial three offices in Vero Beach, Lawyers. Stuart, and North Palm Beach. Wilmington Trust manages 1962 nearly $2 billion for clients in 33 1976 Florida, providing growth and Timothy D. Johnson has been William M. Fumich Jr. has protection of capital.” appointed Ohio representative become a partner at Seeley, of the Defense Research Savidge & Ebert in Cleveland; Stephen G. Thomas has Institute, an association of he heads the estate and opened new offices in Chagrin civil litigation defense lawyers. financial planning, probate, Falls, Ohio. He recently Stephtmie Tubbs Jones has and taxation group. became president of the Board of Trustees of the been named to the Ohio has joined the Joan M. Gross Chagrin Falls Main Street Women’s Hall of Fame. Cleveland firm of Hahn Loeser Partnership, a consortium of & Parks as counsel concentrat commercial, civic, residential, ing on estate planning. 1975 and preservations groups At its conference in Columbus, Theodore M. Mann Jr. committed to promoting Frederick M. Lombardi is the Ohio Fair Housing received the Annual Solo Merit village lifestyles in the new serving as president of the Congress presented a plaque Award at the American Bar millennium, in affiliation with Akron Bar Association for the to Edward G. Kramer in Association’s annual conven the National Trust for Historic 1998-99 term. recognition of his dedicated tion in Toronto. Preservation. service to the citizens of Ohio. Kramer has also been named a 1967 fellow of the National College Albuquerque Economic of Advocacy, a designation Development has elected within the Association of Trial Donald B. Monnheimer to Lawyers of America. serve on its 1998-99 board of directors.
Fall 1998 From Robin Relnowski ABCs of Immigration Law: How 1978 1981 Reiner: “1 am still the director to Get & Keep Your Foreign Virginia S. Brown has joined of operations and compliance National Clients in the United the Pittsburgh-based firm of for Blue Shield of California’s States, for distribution in Doepken, Keevican & Weiss as Medical HMO. I’m getting connection with the program.” a partner in the Cleveland ready to launch a consulting office. Andrew M. Porter formed a firm based in Oakland.” new law firm in August 1997, James O. Castagnera kindly Stefan G. Venckus is retiring specializing in insurance and sent the law library a copy of from the U.S. Coast Guard after general litigation. his new book. Employment and 24 years of service. He is Labor Law, 3d edition, so hot hoping to go to work with a off the press that its date is legal firm in the San Francisco 1989 1999; his coauthor is Patrick Bay area. Martin J. Fallon has joined Cihon of Syracuse University. the Cleveland firm of Weston, Castagnera is associate Hurd, Fallon, Paisley & Howley. The Maryland Trial Lawyers provost at Rider University in Jeffrey L. Kirchmeier is Association has installed New Jersey. He writes: “This is 1985 Richard J. Optiril has been associate professor of law at as its one of ten law books 1 have Andrew E. Bederman elected cochair of the D.C. Bar the City University of New president for 1998-99. . published over the past ten Litigation Section. After a firm York. He teaches criminal law years, and in fact was my very H. Jefferson Megargel II is merger, he is now practicing and criminal procedure. currently living in Bronxville, first law book when it with Piper & Marbury. New York, and is permanently appeared in January 1988.” He disabled with multiple also is coauthor of Bisel's 1990 sclerosis. Pennsylvania Unemployment 1986 Christine A. Corcos is now Compensation Lawsource, Robert L. Brandfass is now associate professor of law at G. is Edward Ptaszek Jr. published recently. general counsel for the West Louisiana State University. Her director and assistant secre Virginia United Health Systems courses are Media Law and tary on the Board of Directors Lawrence T. Newman, a in Fairmont. Law and Computers. of the Cleveland Indians. children’s attorney in Indianapolis, has published David E. DeLorenzi is a Geoffrey E. Stein writes: “1 several columns in the director of Gibbons, Del Deo, was transferred from Houston, Indianapolis Star and the Dolan, Griffinger & Vecchione Texas, to Anchorage, Alaska, Indiana Herald. He is with in Newark, New Jersey. to become director of tax for VAST! International (Victims & Paul J. Kray was elected BP Exploration (Alaska) Inc. Advocates Start Talking!). which is the headquarters for partner in his law firm, which British Petroleum’s Alaskan From Gregory L. Smith: “1 left is now known as Laribee operations.” my old firm of Woodward, Hertrick & Kray in Hobson & Fulton after 17 years Brunswick/Medina, Ohio. and began my own firm of 1979 Smith & Evans in Louisville, Stephen J. Petras Jr. has been Kentucky.” 1991 named team leader for Baker & Hostetler’s international Ari H. Jaffe has joined industry team. He will head a 1982 Kohrman, Jackson & Krantz in Robert K. Hogan has been team of lawyers from all of the Cleveland; he will focus on made a partner at Javitch, firm’s offices and practice core business, including entity Block, Eisen & Rathbone in groups who have special formation, corporate represen Cleveland. knowledge of the legal issues tation, and business litigation. facing clients in the global Oglebay Norton has named marketplace. 1983 Rochelle Friedman Walk Daniel K. Wright II has joined Mark D. Arons has been corporate secretary and Arter & Hadden in its certified as a civil trial lawyer director of corporate affairs. Cleveland office. He is a by the National Board of Trial She will manage internal and member of the real estate Advocacy. external communications and group and focuses on general Steven E. Kahan made a coordinate investor relations. Irah H. Donner has joined the business matters, particularly presentation this summer at Washington office of Philadel commercial real estate an international conference of phia-based Pepper Hamilton development and finance, the American Urological 1987 as a partner in the firm. J. Richard Ludgin has been corporate finance, construc Association. His topic: A Legal named vice president of the tion, leasing, zoning and land Perspective on Postmortem Center for Clinical Decision use planning, environmental Sperm Retrieval. Kahan, who Support and Quality at Univer matters, and real estate joint received his M.D. from CWRU sity Hospitals of Cleveland. ventures. in 1995, is in his fourth year of residency at University 1980 Hospitals in Cleveland. ' 1988 ^ The Rhode Island Bar Associ Michael L. Gutman is a ation has named Thomas W. partner at Riley & Gutman in Lyons editor in chiqf of the Freehold, New Jersey. Rhode Island Bar Journal. He Htirold L. Horn was elected also sits on the executive treasurer of the Cuyahoga board of tbe Bar Association. County Republican Party. Edward Small has been From David H. Nachman: “The Frank B. Petras has joined Dix named of counsel to Hurtuk & New Jersey Institute of & Eaton in Cleveland as a vice Daroff in Cleveland, Ohio. Continuing Legal Education president in the investor- has asked me to make a relations and financial- presentation and 1 am writing communications group. 1984 a book with the same title, Weltman, Weinberg & Reis in Robert E. Ashton has joined Cleveland has named Robert the Columbus office of Richard S. Wiedman has been W. Rutkowski head of its Climaco, Climaco, Lefkowitz & elected to the board of credit union department. directors of the Pittsburgh Garofoli, augmenting its firm of Eckert Seamans Cherin environmental, litigation, and & Mellott. white-collar law practice.
Case Western Reserve University School of Law 1992 James P. Boyle is now associ ated with the Cleveland firm of Two Fellowships in Health Law Sindell, Young & Guidubaldi. Two recent graduates of the law school won presti His practice consists of general gious fellowships for the 1998-99 year. civil and criminal litigation. Mary Beth Mazanec ’97 is spending the year in Wash ington, D.C., as a Robert Wood Johnson Health Policy Fellow. Mazanec is an asso ciate professor of medicine and pathology at CWRU’s School of Medicine; she re Catherine Palioheis Kister has ceived her M.D. from CWRU joined Jacob & Associates in in 1981. Solon, Ohio. The Institute of Medicine, part of the National Acade 1995 my of Sciences, established Dennis H. Bower has joined the fellowship program in Saul, Ewing, Remick & Saul in 1973 with a grant from the In May J. David Goodman was its Berwyn, Pennsylvania, appointed as representative office. Robert Wood Johnson ' ' for the 25th District in the Foundation. This year Ohio House of Representa Mazanec is one of just seven national fellows—all out tives. He represents the cities 1996 standing midcareer health professionals in academic or Mark E. Krohn has joined of Bexley, Whitehall, Gahanna, community-based settings. They spend the year enrich Amer Cunningham Brennan in and portions of Blendon Akron. ing their understanding of the public policy process. Township. After a three-month orientation, each fellow is assigned to the office of a U.S. senator or representative or to an 1993 office in the executive branch. Amy E. Martin has left private Anne Lederman Flamm ’95 is a fellow in bioethics at practice to begin a career in the Cleveland Clinic. She takes part in clinical rounds human resource management and in consultations on with the Goodyear Tire & Rubber Company in Akron. ethics issues; has responsi bility for various education Margaret S. Russell has left al programs; works with the home office of Hahn Loeser & Parks for the firm’s various hospital commit office in Columbus. tees; and spends time in re search and writing. As the William G. Nolan has joined one and only bioethics fel 1994 the Akron firm of Buckingham, low she is part of the hos Bradley 1. Dallet has joined Doolittle & Burroughs; he is in pital’s large cohort of resi the Milwaukee firm of Whyte its taxation and employee dent fellows in a multitude Hirschboeck; he concentrates benefits department. his practice in commercial of specialties. lending and real estate law. Richard K. Walton was Flamm received her B.A. appointed magistrate of the Saundra N. Fried has been from Princeton in 1989; before starting law school, she Summit County Court of appointed chairperson of the worked in New York for the Chase Manhattan Bank and Common Pleas, Juvenile Government Lawyers Commit in Cleveland for the Progressive Corporation. Following Division. tee of the Ohio State Bar her graduation she practicd in Cleveland with Kahn, Association. Kleinman, Yanowitz & Arnson in the firm’s litigation, Thomas A. Gattozzi has 1997 real estate, and corporate practice areas. become associated with Bryan H. Falk has joined 35 Doepken, Keevican & Weiss in Berick, Pearlman & Mills in Cleveland. His practice Cleveland. His focus is on For more about Anne Flamm and Mary Mazanec, see focuses on general corporate corporate and real estate law. the next issue of the Law-Medicine Newsletter. And matters. In Cleveland, Jordan A. if you’re not on that mailing list, we’ll be glad to add Goldberg has joined the real estate practice group of Kahn your name; please call the Law-Medicine Center Kleinman Yanowitz & Arnson. at 216/368-3298. Brooke H. Thayer has joined the business litigation group of Arter & Hadden in Cleveland.
Fall 1998 In Memoriam Case Western Reserve Robert M. Kimmel ’28 Hal H. Newell ’47 Roland H. University June 17, 1998 Society of Benchers Strasshofer Jr. ’50 June 1, 1998 August 1, 1998 Law Alumni Association Karl Krastin ’34 Society of Benchers James W. Dessecker ’48 Malcolm C. Douglas ’57, Officers April 26, 1998 LL.M. ’63 August 16, 1998 President May 1, 1998 Jack T. Clark ’37 V. Jay Einhart ’48 Edward Kancler ’64 May 11, 1998 May 3, 1998 Wilbert G. Horbaly ’57 Vice President August 6, 1998 Lynn E. Richards ’37 John E. Olsen ’48 James F. Koehler ’73 September 1, 1997 March 10, 1998 Robert W. Jones ’57 Second Vice President February 26, 1998 John H. McCombs ’38 R. Dugald Pearson ’48 M. Ann Harlan ’85 September 7, 1998 June 2, 1998 Lawrence Tucker ’57 Regional Vice Presidents August 27, 1998 Horace B. Fay Jr. ’40 Lawrence Traeger ’48 Akron—Edward Kaminski ’59 March 25, 1998 September 10, 1998 Robert S. More ’59 Boston—Dianne Hobbs ’81 July 1, 1998 Canton—Stephen F. Belden ’79 Joseph M. Sindell ’40 Edward Mamrack ’50 Chicago—Miles J. Zaremski ’73 September 19, 1998 February 28, 1998 Allan B. Levenberg ’78 Cincinnati—Barbara F. Applegarth ’79 April 7 1998 Peter P. DiLeone ’42 Parker M. Orr ’50 Columbus—Nelson E. Genshaft ’73 September 16, 1998 October 8, 1998 Robert L. Stauter ’88 Los Angeles—David S. Weil, Jr. ’70 September 2, 1998 New York—Richard J. Schager, Jr. ’78 Robert L. Kent ’47 Robert R. Soltis ’50 Philadelphia—Marvin L. Weinberg ’77 February 11, 1998 August 7, 1998 Pittsburgh—John W. Poweil ’77 San Francisco—Margaret J. Grover ’83 Washington, D.C.— Douglas W. Charnas ’78 Secretary Gerald M. Jackson ’71 Treasurer Frances F. Goins ’77 Annual Fund Chairman Remember the Annual Fund! Bernard D. Goodman ’60 Board of Governors Gifts made on or before December 31, 1998, Rita M. Bryce ’90 Diane Citron ’78 are deductible in this tax year. New York, New York George S. Coakley ’75 Mara Cushwa ’90 If you work for a matching gift company, you can double Michael A. Cypher! ’73 (or sometimes even triple) your gift. Get a matching gift form Lewis Einbund ’53 John M. Gherlein ’80 from your employer and send the completed form with Bernard D. Goodman ’60 your check to CWRU. David J. Hallett ’91 Boston, Massachusetts Patricia Marcus Inglis ’77 To initiate a gift of stock, call the university treasurer at Thomas J. Intili ’86 1-800-315-3863. By transferring stock directly to CWRU, Dayton, Ohio Stephanie Tubbs Jones ’74 you can avoid capital gains tax. Jane Kober '74 New York, New York Make your check payable to George A. Leet ’46 Case Western Reserve University, Bethesda, Maryland with “Law School’’ on the memo line. Mail to: Richard J. Oparil ’85 Washington, D.C. The Annual Fund Denielle Pemberton-Heard ’89 Case Western Reserve University Alexandria, Virginia 10900 Euclid Avenue Timothy J. Puin ’95 Cleveland, OH 44106-7035 Akron, Ohio James D. Roseman ’72 For further information: Laura Schmidt, Director of Annual Giving, James L. Ryhal Jr. School of Law, 1-800-492-3308. Marvin H. Schiff ’84 Marilyn E. Shea-Stonum ’75 Akron, Ohio Tara L. Swafford ’95 Chattanooga, Tennessee Patrick M. Zohn ’78 Larry W. Zukerman ’85 C D < Calendar of Events a
For up-to-date information about events in Cleveland and elsewhere, go to the World Wide Web: http://lawwww.cwru.edu/cwrulaw/alumni/events.html
21 Toledo Alumni Luncheon Law In Cleveland,
Jan I Brief
Alumni 9
Ohio
3 Los Angeles Alumni Reception News o' a
Feb 44106-7148
tba Atlanta Alumni Event
re Bulletin c
10 New York Alumni Reception
Mar 18 Arthur W. Fiske Lecture Roberta Romano Yale University
14 Columbus Alumni Reception
16- Canada/U.S. Conference 18 The Impact of Technological Change
tba Philadelphia Alumni Event
13 Ohio State Bar Association Alumni Breakfast—Cleveland
1999 Alumni Weekend June 4-6 Note the new date! This year the law school’s alumni reunion activities will be a part of ^ CWRU’s campuswide Alumni Weekend. So mtirk your calendar for June rather than September. If your class year ends in 4 or 9, this is your reunion year! Watch your mailbox for further information. Better yet, get in on the planning: eail the law school’s alumni office at 216/36^3308 (or 1-800-492-3308). emit Perm CLEVELAND,
No.
For further information: Office of External Affairs 1723
Case Western Reserve University OHIO School of Law 11075 East Boulevard Cleveland, Ohio 44106-7148 216/368-3308 or 800/492-3308