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Spring 1999 1999 Vol.7 No.1 Cleveland-Marshall College of Law

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N 0 T E S

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Court Reporting • Document Retrieval • Legal Videography • Service of Process • Litigation Support Erieview Tower 1301 E. Ninth Street Cleveland, OH 44114 .J.f:;'::· President's letter

Dear Fellow Alumni:

Recently, I had the opportunity to attend ·an informal gathering with three representa­ tives of the American Bar Association Reaccreditation Team who were reviewing the accreditation status of the Cleveland-Marshall College of Law. Officers and directors of the Alumni Association, Visiting Committee members, and members of the law school's adjunct faculty attended this ~~ .

The reviewers' primary concern was the quality of a Cleveland-Marshall College legal eduqtion. We were asked to comment on Cleveland-Marshall's physical facilities, administra­ tion, faculty, and students as well as the reputation .of Cleveland-Marshall and its graduates in the community. Our comments were consistent: We praised the quality of legal education, the administration, the faculty, and the students. Without exception we expressed our belief that stu­ dents of Cleveland-Marshall receive a top-rate legal education. Additionally, we stated that Cleveland-Marshall and its graduates are well regarded by the Greater Cleveland community.

A number of us furnished comments in our capacities as employers. We expressed our belief that Cleveland-Marshall students, when compared with graduates of other quality law schools, had strong legal foundations. In addition, numerous comments were made concerning the motivation of tl}e Cleveland-Marshall students and graduates. We · voiced our strong, unequivocal conviction that graduates of Cleveland-Marshall are highly motivated and have a very high. work ethic. I base this conviction on the fact that many Cleveland-Marshall students were not born with silver spoons .and that· many are the first member of their family to attend · college or graduate school. For a large number of us our law school classes began after we had completed a day of work at our full-time jobs. This factor has played an important part in the success of many of the alumni and alumnae of Cleveland-Marshall.

Moreover, our law school has been aggressive in providing students with the funda­ mental tools of good lawyers: It has emphasized clinical education, practical seminars, and other skills-building courses by which students can develop into strong advocates and accomplished writers. As any person practicing the law knows, however, a law school can only do so much. The requisites of a good lawyer do not begin or end in law school. Though a law school must give one a foundation of legal principles and also the ability to think like a lawyer, these elements alone will not make one a good lawyer. One only becomes a good lawyer through a combina­ tion of hard work and experience through practice as well as life in general. Critical legal skills can only be gained after the law school experience. As an alumnus of this law school, you may be able to play a role in providing Cleveland-Marshall Law School graduates and students with legal experience.

Participating in the glowing comments furnished to the ABA representatives by our alumni and the adjunct faculty was clearly one of the highlights of my term as President of the Law Alumni Association. I am indeed proud to be a graduate of Cleveland-Marshall College of Law. As my term as President of the Cleveland-Marshall Law Alumni Association draws to a close, I thank you for the privilege of serving as your representative. 0Very truly, yours,UL_ Frederick N. Widen Cleveland-Marshall Law Alumni Association News-Spring 1999

N 0 T E S ON THE COVER Kate Kaman, a junior at Gilmour Academy and a CONTENTS student at the Cleveland Institute ofArt, plans to continue studying art after high school. This 3 January, Kate won two Gold Key awards at the Dean's Column regional Scholastics Show {Dr 5 her paintings "Yellow Sweater" and "Michaelangelo's Davul';· both have been CLE Calendar submitted to the national competition. Kate writes: 6 ''Painting and drawing have always been part of my life, but as I have matured, so has my passion CMLAA Honors Calabrese and McCormack for art. I strive to combine passion with technique. 13 Over the years my Stokes Retirement Brings Funds to the Law School mom, brother, and many teachers have helped my art and character develop. " 14 Kate lives with her brother, Ben, and her par­ Law Review Celebrates 47 Years ents, Tricia and Rich Kaman, in Chagrin Falls, Ohio. 16 Reunion '98 18 Life Members 21 Volume 7, Number 1 Spring 1999 Bar Results Editor: 23 Mary McKenna Associate Editor: Centennial Feature: Cleveland-Marshall in the 60s, Part 2 Louise F. Mooney Graphic Design: 39 Szilagyi Communication Design Printer: Trial Advocacy Course Legal News Publishing Company 40 Photo Credits: Mary McKenna, Bill Rieter, Greg Hildebrandt On The Road Again and Bill Szilagyi We hope you enjoy this new issue of Law Notes 42 and ask that you continue to contribute and Tribute to George J. Dunn respond to information in this and fu ture issues of Law Notes. Special thanks to Leon M. Plevin 44 '57, Donald F. Traci '55, Susan L. Grage! '80, 1998 C-M Distinguished Jurist: Hon. Nathaniel R. Jones Daniel R. McCarthy '54 and Sheldon Sager for their commitment in support of this publica­ 46 tion. Special thanks to Art For Law's Sake Rosa M. DelVecchio for her assistance. The CMLAA Board of Trustees is dedicated to 48 serving the alumni, students, faculty and staff of the College of Law. Remembering Judge Charles Fleming For comments and suggestions, please feel free 49 to contact the Law Alumni Office at 216-687-2368. Constitutional Law Scholar Suzanna Sherry Law Notes, issued by the Cleveland-Marshall 53 Law Alumni Association, 1801 Euclid Avenue, Cleveland, Ohio 44115 Alumni Happenings 59 Faculty & Staff Happenings

Spring 1999 1 ONE NEWSPAPER

THE PLAIN DEALER

Everyday over one million readers turn to The Plain Dealer for information, entertainment and help. Because the need to better understand our world is something we all have in common.

2 Law Notes , r'r, -,, Dean's Column

ON THE ROAD WITH CLEVELAND-MARSHALL by Dean Steven H. Steinglass

leveland-Marshall College of This academic year alone, we and professional experiences have Law is the foundation of the have had alumni receptions in enriched our understanding and Clegal community in northeast Chicago, Columbus, Washington, appreciation of what our law school Ohio. For over a century we have D.C., Los Angeles, Tampa, and Ft. has meant to so many persons. The been educating the area's finest Myers. In each city, we met graduates receptions have also served to unite judges, lawyers, business persons, and other friends of Cleveland­ past generations of alumni with more and public servants. The recently­ Marshall and shared with them devel­ recent graduates in venues far adopted Strategic Plan, which will be opments at the law school and were removed from the town where they mailed to you shortly, reaffirms the entertained by their reminiscences of studied law. law school's commitment to an their own law school experiences. Let me tell you about some of excellent legal education, a legal these very special occasions. education that, as always, makes Our Chicago reception in room for deserving students from October was held at the American Bar many backgrounds and prepares Association headquarters, and our them for the complex, technological­ guests had the opportunity not only ly-demanding practice of law in the to visit the ABA Museum of Law but next century. also to be entertained by our host Cleveland-Marshall's primary Gary Hengstler '83, Editor and commitment is to northeast Ohio. Publisher of the ABA Journal. Gary has Most of our students come from this found a diverting way of relieving the region, and most will continue to call rigors of his professional life: In his northeast Ohio their home after they spare time, he plays the guitar, sings, enter the practice of law or take posi­ and tours with "Malpractice," a 12- tions in the public or business sec­ piece band featuring ABA staff mem­ tors. bers. Our Strategic Plan envisions and Next we traveled to Washington, commits us to a Cleveland-Marshall D.C., where the Honorable Bohdan presence nationally. Even now, how­ Futey '68, Judge of the United States ever, it is a mistake to think of Court of Federal Claims, had secured Cleveland-Marshall as only a local the historic Tayloe House adjacent to law school, and my experience dur­ the Court of Federal Claims for our ing my first year-and-a-half as Dean reception. Our timing was impecca­ has made this abundantly clear. ble: One week before the reception, Cleveland-Marshall another Cleveland-Mar- graduates are located in Even now, however, it is a mistake shall graduate, Francis every major population Allegra '81, former center, and as we spend Deputy Associate Attor­ more time reaching out to to think of Cleveland-Marshall ney General with the our graduates throughout U.S. Department of the nation we realize that as only a local law school, Justice, had been con­ our law school's influence firmed as the newest extends far beyond the bor­ and my experience during my judge on the Court of ders of Ohio. It is important Federal Claims. I am that our alumni outside proud that we are the northeast Ohio as well as first year-and-a-half as Dean only law school with two our alumni in this area of its graduates serving understand that their law has made this abundantly clear. on this important court. school is already asserting We were also pleased that itself nationally. Our receptions have been one of the Honorable Loren Smith, Chief Part of our effort to underscore the most enjoyable features of my Judge of the Court of Federal Claims, our national presence has been a job, for I have met not only former and the Honorable Paul R. Michel of series of visits that a number of students but also graduates from the the Court of Appeals for the Federal administrators, faculty, and I have decades before I arrived, that is, the Circuit were able to join us. Judge made to graduates in different parts decades from the 30s through the Michel provided a historical review of of this country. 70s. Their backgrounds, recollections, the Tayloe House and the Court of

Spring 1999 3 Our National Advisory Council will assist us in further developing Claims building. rest of the country. Columbus, like Wash­ Cleveland-Marshall's national Our National Ad- ington, is full of our gradu- ' visory Council will assist us ates. When we planned our presence and provide a special in further developing October reunion in opportunity for friends and alumni Cleveland-Marshall's nation­ Columbus, we took care to al presence and provide a plan a bi-partisan gathering. outside northeast Ohio to expand their special opportunity for Robert Bennett '67, Chair of friends and alumni outside the Ohio Republican Party, involvement with the law school. northeast Ohio to expand and Michael O'Grady '79, a their involvement with the non-partisan member of the United the same law school! law school. You will be hearing more States Attorney's Office and son of Such a surprise recognition about this Council in the months Peter O'Grady, former Chair of the occurred during our reception at the ahead. Ohio Democratic Party, were joint Tampa Bay Club reception. Thomas As my second year as Dean of hosts. Prominent among our other Begley '73, owner of the Florida Cleveland-Marshall comes to a close, Democratic guests was Anthony J. Grand Prix, had been speaking earlier I want to tell you again how proud I Celebrezze, Jr., '73, former Ohio in the week with David Burke '81, am to be serving this law school. Governor Richard Celeste's Attorney his attorney at Carlton, Fields, Ward, Meeting our loyal alumni and friends General. I am pleased to report that Emmanuel, Smith & Cutler. Neither has been one of the highlights of my Maureen O'Connor '80 is the newly­ of them realized that the other was a deanship, and I am confident that elected Lieutenant Governor of the graduate of Cleveland-Marshall until with your continued support we will State of Ohio. Though she could not they came together at our alumni be able to move forward and meet the attend our reception, she has agreed reception. Judge Futey tells me he had challenges ahead. • to be our commencement speaker on the same experience. He had known May 22nd for the Class of 1999. Fran Allegra but did not realize for In early February, I attended the some time that they shared the same Midyear Meeting of the American Bar law alma mater. Association in Los Angeles. One of In addition our graduates, James A. Thomas '63, to holding out­ hosted a reception at the Regency of- state re­ Club. Alumni from the greater Los unions, we are in You missed 5,878 unpublished, Angeles area met in a delightful the process of cre­ case-winning decisions last reception with representatives of the ating the law school as well as graduates and Cleveland­ year if you didn't subscribe friends attending the American Bar Marshall College Association meeting from other parts of Law National to Ohio Lawyers Weekly. of the country. Advisory In mid-February we held our two Coun-cil. The For less than the price of a cup of coffee a day, Florida receptions. Our Tampa Bay National you'll reap the benefits of Ohio Lawyers Weekly, Club reception provided an occasion Advisory Coun­ the only comprehensive source of Ohio legal news. for us to reunite with a former col­ cil, composed of league and for our graduates to visit prominent attor­ It's the only place you'll hear about ALL of the Court of with their former professor, Lizabeth neys, judges, Appeals decisions. The advance sheet reporters only give A. Moody, now Dean of the Stetson business persons, you a fraction of these - and you'll wait more than a year for University College of Law in St. and public ser­ the ones you do get. With Ohio Lawyers Weekly, you'll find Petersburg, Florida. The next day Pat vants from summaries of all of these cases as they come down! Moran '60, retired Vice President of throughout the Merck & Co., hosted our Ft. Myers country, will pro­ You'll also get free, unlimited access to our database on reception and had an opportunity to vide guidance the Internet (valued at $229) -every article and case digest reunite with one of his class of 1960 and advice to the we've ever published, searchable by word or phrase. classmates, the Honorable Hans Veit, law school as we For a FREE TRIAL SUBSCRIPTION go to: retired City of Chardon Municipal continue to edu­ www.ohiolawyersweekly.com Court Judge. cate the best One of the great pleasures of lawyers in north­ or to subscribe, callS00-935-5297. these receptions is the element of sur­ east Ohio and prise when lawyers who know one build our alumni LAWYERS WEEKJX another professionally realize all at representation 504 Superior Ave. E. • Cleveland, OH 44114 once that they are both graduates of throughout the Fax: 216-771-9575

4 Law Notes A~~ CLE

SPRING 1999 CALENDAR OF EVENTS

March 6 Ohio Estate Planning and Administration March 13 Persons with Disabilities Law March 27 Real Estate Law April 17 Employment Law: Major Developments in Sexual Harassment Law April 24 Legal Ethics, Professionalism and Substance Abuse* May 8 Criminal Law in the Municipal Courts * Approved by Ohio S. Ct. Comm. on CLE for 3.0 total CLE hours, including 1.5 hours in Ethics, 1 hour in Professionalism and .50 hour in Substance Abuse instruction.

I 18 HOURS OF QUALITY, CONVENIENT, TIMELY CLE PROGRAMS I • All programs approved for 3 Ohio CLE credits • Information and registration information to be sent separately for each scheduled program • All programs presented in the Moot Court Room, Cleveland-Marshall College of Law • Unless otherwise specified, all programs on Saturday mornings, 9:00a.m. to 12:15 p.m. • Coffee and doughnuts available from 8:30 a.m. • Attendance required for CLE credit • Printed materials available for all programs to be distributed at session • All programs emphasize "current events" • CLE faculty all outstanding in respective fields • CMLAA-CLE will submit registration/credit forms to Supreme Court • Tuition: Advance registration, paid 7 days in advance: $80 Registration paid less than 7 days in advance: $95 • CMLAA-CLE programs are sponsored by the Cleveland-Marshall Law Alumni Association in cooperation with the Cleveland-Marshall College of Law • CMLAA MEMBERS RECEIVE A SPECIAL $10 PER PROGRAM DISCOUNT UPON ADVANCE REGISTRATION r- Cleveland-Marshall Law Alumni Association Annual Dues July 1, 1999-June 30, 2000 -, Other Categories 1 Annual Dues Life* ...... 0 $1,000 O General Membership ..... $50 (If paid in lump sum, otherwise, $1,250 payable $250 per year for 5 years or I I 0 1996-1998 Graduate ...... $25 $1,500 payable $150 per year for 10 years.) Personalized desk clock upon 0 1999 Graduate ...... Fr ee receipt of first payment. Name on permanent plaque in Law College Atrium I upon receipt of full payment. O Law Review ...... $20 I (For dues paying members) Sustaining Membership* ...... 0 $100 I My firm or company will match my contribution to support The Cleveland- I O]ournal of Law & Health ... $20 (For dues paying members) Marshall College of Law: $ ____ I Enclosed is the Educational Matching Gift check or form. *Memberships include Law Review subscription. I Life Membership Dues Fund a I Student Scholarship Program Name: ______Contributions may be tax deductible. I To insure proper credit, please use this I return form. Firms remitting dues for Address: ______I more than one member on one check I should return all statement forms or list City: ______State: ______Zip: _____ the names of those individuals. Thank I you for your continuing support. I L Phone: Class of: ____ .J ------Spring 1999 5 Since its earliest days, the Cleveland-Marshall Law Alumni Association has been honoring its

The 1999 Cleveland-Marshall Law Alumni Association's Distinguished Alumni graduates in a yearly ceremony. The contribu­ tions of many of the state's prominent attor­ neys, business persons, and public servants have been acknowledged in this yearly event. This year on May 21st at the Renaissance Hotel on Public Square, the Association , is proud to honor two exemplary graduates of the College of Law: the Honorable Anthony 0. Calabrese, Jr., Class of 1961, and the Honorable Tim McCormack, Class of 1972. The Honorable Anthony 0. Calabrese, Jr. The Honorable Tim McCormack

churches, pieced its mosaics, and embroidered the vest­ The Honorable Anthony 0. Calabrese, Jr. ments of its priests and the gowns of the very rich. They Cuyahoga County Court of Common Pleas worked hard, graced the city, and enriched and strength­ Cleveland-Marshall College of Law Class of 1961 ened their new homeland. Anthony Orlando Calabrese, Jr., is the inheritor of One father is more than a hundred the gifts of Italian Americans to the city where his father, schoolmasters. Anthony 0. Calabrese, Sr., came as a young boy with his George Herbert mother and a brother in 1920, crossing the Atlantic from Campobasso, their home in central Italy, and settling on It much repairs me to talk of your good fath er. Frank Avenue, a small street off lOSth between Cedar and Quincy. Shakespeare: The first Anthony 0. Calabrese, grew up, married All's Well That Ends Well Mary Buzzelli and had two sons, his namesake Anthony, the future Judge, and Leonard, now the Executive by Louise Mooney Director of the Catholic Commission on Community Action. talians began immigrating to Cleveland in the late At the close of the 19th century, residents of an area 19th century, and by the early 20th, neighborhoods off Cedar Road south of University Circle drew a blue­ on both sides of the Cuyahoga resounded with the green sulphur-laden water from a natural spring believed I dialects of many regions of Italy. Though most were to have therapeutic properties. An early resident, sensing paesani, they did not come empty-handed to their new the water's commercial potential, founded the Blue Rock home: They brought their traditions, talents, skills, and Spring Co. and began marketing bottled water. By the native crafts with them. Italian Americans helped build time Anthony 0. Calabrese, Sr., was raising a family, the the city's bridges, cultivated its gardens, grew the produce entire area was known as Blue Rock, and that is where of its markets, laid its trolley tracks, cut the stone for its Anthony 0. Calabrese, Jr. , spent his boyhood. "It was a monuments, filled its choirs, painted the frescoes of its great neighborhood," the Judge remembers. "About half

Spring 1999 7 Italian and half African American. tinues, "he worked on the railroads; convincing speaker and never missed Everyone got along; the neighbor­ he was what they called a 'butcher.' an opportunity to sell others on the hood was a learning experience. It He sold candy and sandwiches 'to American experience. "My father was so natural. I never knew the train-passengers. He would board in loved to talk about what a great coun­ whole world wasn't Italian and Cleveland and ride to Erie and Buffalo try God had made, where a poor African American until I went to and back home again." Later he immigrant boy could become a state Benedictine High School. Before then worked in downtown taverns on senator," the Judge remembers. Both I attended St. Marian's School from Short Vincent, one of the city's liveli­ as a state Representative and as a state the first through the eighth grade," est and most colorful gathering Senator, Anthony 0. Calabrese, Sr., the Judge recalls. "It was run by the places. Somewhere along the way, the was an advocate for the elderly and Sacred Heart nuns. They were very elder Calabrese became involved in an early backer of the Golden strict. If you were disobedient, they politics, and in 1952 he was elected to Buckeye card the state issues to the made you hold your hand out and the Ohio House. aged. Moreover, as proud as he was to they whacked your knuckles with a Calabrese's political career was be an American, he never forgot his ruler. They taught you discipline." I fabled. Though he never relinquished first home: He was chair of the do not think Anthony 0. Calabrese, his accent ("Do you want good gram­ Committee on Nationalities under Jr., required much discipline or had mar or good government?" he once Presidents Kennedy and Johnson, and many encounters with the ruler cure. quipped), he was an effective and according to his son, he was a "mov­ For, as he explains, "I was an altar boy ing force" in support of the Columbus for Father Cacciacaro at St. Marian's Day bill, testifying before Congress in for about six years." his successful efforts to have Following his graduation from Columbus Day declared a national Benedictine, Calabrese earned an holiday. In 1960 President Kennedy undergraduate· degree from John offered Calabrese the job of ambas­ Carroll University; there is no ques­ your sador to Italy, but he declined, citing tion, however, that his primary edu­ family commitments. In 1976 he cator and his primary influence were whac received the Cross of Merit from the his father. In interviewing the Judge, I Italian government for his work on found he spoke with greater ease behalf of earthquake victims, an about his father than about himself. award that at that time only 14 other And his father's story is, indeed, quite U.S. citizens had ever received. remarkable. For all his good Eventually, the works, what most en­ Judge's father would be deared him to his con­ elected to the Ohio stituents and the news­ General Assembly and men that trailed him was serve there with dis­ a presence still celebrat­ tinction for almost ed for its individuality three decades, first as a and charm. And for its Representative and flair: He was renowned then as a Senator. But for his love of exquisite the road from his first clothes-hand-tailored American home on suits, silk shirts, and Frank Avenue to the Italian shoes. I have seen state capital was full of pictures of the elder detours, and it was some Calabrese, and he lives time before the blessings up to his reputation: He of the new world found was indeed vestito come their way to the family's uno principe, dressed like doorstep. "My father was a prince. Stories of his very close to his mother. quick wit and repartee He quit school in the abound. One such anec­ fourth grade to help sup­ dote involved a fellow port her. He sold papers Senator who asked if he and worked in shops," could borrow one of the Judge recalls. Calabrese's fine suits and "When he was was promptly instructed: State Rep. Anthony 0 . Calabrese, Jr. swearing in his (athe1; Senator older," the Judge con- "Senators don't wear sec- Anthony 0. Calabrese. Mother Mary looks on. (1964)

8 Law Notes ond-hand clothes." In 1961 the newly-graduated Catholic faith to find yourself riding The Senator's career in the attorney opened a practice with Bart on an elevator in the Vatican up to General Assembly ended in 1981. Caterino, Ray Schmelzer, Anthony meet the Holy Father! It had a lasting Gover-nor Voinovich appointed him Garofoli '61, and C. D. "Gus" effect on me." In a picture that hangs to the Commission on Aging. Lambros '50 in the Finance Building in his chambers, the Judge poses with Anthony 0. Calabrese, Sr., died in on Prospect. Eventually, Calabrese set the Pope and other members of the 1991. up his own practice in the Leader Port Authority. He has a look on his Perhaps, a young man can't have building specializing in personal face that his mother, his father, his such a father without wishing some­ injury, malpractice, and criminal law. grandmother, and Father Cacciacaro how to prove himself worthy of him. In time he would find himself argu­ would surely recognize: Pure awe and When Anthony 0. Calabrese, Jr., ing before the United States Supreme pure delight. graduated from John Carroll, he took Court. In 1991 Governor Voinovich a good look at the world, considered In the 50s, the General Assembly appointed Calabrese to an unexpired the many attorneys he had met on had authorized the city and the coun­ term on the Cuyahoga County Court trips in the company of his father to ty to create a joint port authority. of Common Pleas. "My father was still the legislature in Columbus, and Though Cleveland lagged behind alive and able to see me sworn in. For decided he wanted to be a lawyer. other ports on the Great Lakes in pro- someone who had never finished "But money was a problem," the school, it was a thrill to see his son on Judge says. "My father offered to help the bench," the Judge says. Judge as much as he could, and I got a job as at Calabrese was subsequently elected in an investigator with the Ohio Workers' law 1992 and reelected in 1998, and Compensation. I went to school at today he presides over a court in the night, but even with my job and my Justice Center, a building complex father's help, I still had money prob­ located on the property where his law lems. I would go talk to Dean (Wilson) alma mater once stood. "Most of the Stapleton ('34). He would always give judges here are Marshall grads. I me time to pay my tuition and buy my always remind my son of that," he books. He was a great guy, a real tells me. His son, Anthony 0. humanitarian. I wouldn't be a lawyer Calabrese III is an alumnus of the law today without him. school of Case Western Reserve "One of the great things about University and practices with Vorys, the law school," he continues, "was Sater, Seymour and Pease LLP. The that the faculty were members of the Judge's four daughters are Lisa practicing bar, so that even as a stu­ Goodson, the mother of Anthony dent you were meeting some of the Calabrese Goodson; Carla Calabrese great lawyers in town. One of the best moting commerce, there was little Day, an alumna of the law school at was Abe Dudnik ('27). I took torts response to the legislature's mandate Wayne State who practices in Detroit; from him. One day he gave us a test until 1968 when Cleveland's new Regina Gabowski, the mother of two question that befuddled me, but I mayor, the Honorable Carl B. Stokes children; and his youngest child, answered it as well as I could. The '56, made saving the Port of Kristen Calabrese, also a John Carroll next class he had me read my answer Cleveland a priority of his adminis­ graduate. The Judge's wife, Denise, is out loud. What I had written was that tration and established the joint a graphics artist and publishes a if I had a case like the one described Cleveland-Cuyahoga County Port monthly newsletter for animal lovers. in the test, the first thing I would do Authority with the city appointing The Judge's mother at 88 is well and would be to refer it to the best torts six directors and the county appoint­ lives in a nursing home. lawyer in town and that was Abe ing three. One of the first directors of Jerry Walton '80 has appeared Dudnik. He really liked that." the Port Authority was Anthony 0. before the Judge on several occasions. In his final year at Cleveland­ Calabrese, Jr. In addition to the satis­ According to Walton, "Tony Calabrese Marshall, Calabrese had two joyful faction of watching the revitalization is a knowledgeable, fair, pragmatic, experiences: First he became a father of Lake Erie and the build-up of and professional jurist, one of the when his daughter Lisa, the first of imports and export trade, Calabrese best we have, unfailingly courteous to five children, was born, and second joined with the other directors in the bar. He will work with attorneys he was elected to the Ohio House of 1970 on a trip to Europe to inspect to resolve complex issues and dis­ Representatives. He served in the leg­ major ports. Included in the trip was putes in an equitable manner." As a islature with his father for six years. a visit to Rome and an audience with private practitioner the Judge han­ "At that time the only father-son leg­ Pope Paul VI. "It was a wonderful dled many criminal cases. According islators in the nation," the Judge tells experience," Judge Calabrese reports. to Walton, those experiences gave the me. "For someone brought up in the Judge special insights so that "In

Spring 1999 9 criminal cases Judge Calabrese is firm structures whose spaces are continu­ Pleas. and just but will be merciful when it's ally being reconfigured to accommr­ At the to::::> of the County's warranted." date, inexpensively, the always ex­ administrative structure are three When the Judge is not on the panding responsibilities of a large and Commissioners charged with bring­ bench, he devotes considerable time over-burdened workforce. Indeed, the ing order to a scenario that from a to the community where he was born responsibilities of County employees distance appears unwieldy and and raised. He is Vice President of the staffing those cubicles and others like ungovernable. So, in the presence of Justinian Forum and active in the them throughout the County are the unsettling County data, it is a National Italian American Founda­ enormous: Almost a million-and-a­ great relief to come face to face with tion, which works to dispel negative half men, women, and children live Commissioner Tim McCormack. images of Italians as they are por­ in Cuyahoga County, the country's Because you cannot be with him long trayed in the entertainment industry 20th largest county. It is difficult to without sensing a commitment to and the media. His work for that imagine a day when each of those cit­ and a passion for the tasks he has organization has been productive, izens is not affected in some measure undertaken. A close friend has recent­ and in 1998 the N.I.A.F. presented by County services, either driving ly told him that he has a fatal flaw, him with its Columbian Award for his over the County's 212 bridges and namely, an inability to stay out of efforts on behalf of the Italian­ 794 miles of roads, or seeking medical trouble. But I see the inability to stay American community in Greater out of trouble otherwise: as a virtue, Cleveland. in fact. His job is not one for the dis­ The Judge tells me he is proud of engaged and dispassionate, and the his family, his court, and his Italian engaged and the passionate are often American heritage, and that he has pitched into conflict and thus often much to be grateful for in the home­ in trouble. land that welcomed his parents Life has prepared him for trouble, almost eight decades ago. But if one for taking charge. "My mother is a regards the stature of the Cleveland strong woman. She has had a pro­ bench or the great ships from around found impact on me," he recalls. "She the world now anchoring at the revi­ was a pioneer because she was a talized Port of Cleveland, one feels woman in business when there gratitude to Anthony 0. Calabrese, Jr. weren't many; eventually she And to his father. acquired her own real estate compa­ ny. My father was a general manager help, or applying for a license, or call­ for sales at Remington Rand. They Cuyahoga County Commissioner, ing the 911 hotline, or requesting both taught me to think for myself, the Honorable Tim McCormack, information about adoption, job and I admired them tremendously. Cleveland-Marshall College of Law training, or property taxes. Their values were at the core of many Class of 1972 Yet it is in the lives of the poor, actions I later took." The McCormack the unemployed, the abused, and the parents raised their children; two Glendower: I can call spirits abandoned that County services reg­ sons, Dennis and Tim, and their two ister most powerfully. The poverty daughters, Kay McCormack Stenger from the vasty deep. rate in the County is over 18 percent; and Joyce McCormack Glenn in Hotspur: Why, so can I, or so 6,000 children have been removed Euclid, in the shadow of the giant fac­ can any man; from their biological homes and tories that had drawn immigrants remanded to the custody of the from Eastern Europe seeking work to But will they come when you County; in some months 40-50,000 settle there since the turn of the cen­ do call for them? persons receive emergency food assis­ tury. "It was a blue collar community, Shakespeare: I Henry IV tance; between 11,000 and 22,000 are predominantly Slovenian," says homeless; and each year 26,000 McCormack. "They were and are County residents receive mental wonderful, decent, loyal-to-the-task e offices of Cuyahoga County health therapy through County agen­ people, a beautiful culture. The way Commissioner Tim McCormack cies. Human drama, human tragedy, they lived their lives was an inspira­ Tire in the County Adminis­ accounts of every imaginable social tion to me." tration Building on Ontario Street ill-violent crime, infanticide, sub­ McCormack proceeded from St. across from the Justice Center. The stance abuse, teen pregnancy, child Joseph High School to Miami County's main administrative offices abuse-find their way into the offices University of Ohio, graduating in have the patched-together look of of the men and women staffing the 1966 with a major in English and his­ many government offices in older County's social service agencies and tory. He was teaching high school his­ buildings, a hive of cubicles within the County's Courts of Common tory and, in the spirit of the decade,

10 Law Notes energizing young people with social­ just a dreamy kid. County Auditor, and in 1996 he was impact projects, such as lobbying for "The times," he explains, the elected to the County Commission. a change in the voter age from 21 to waning days of the 60s, the dawn of He is now its President. 18, when he was struck with the the 70s, "moved me in that direction. "I married late in life," notion of going to law school. No one in my family on either side McCormack remarks. But even before "I did not have a great under­ had ever run for office. Some elders of he married, when he was "a legislator graduate record. Dean (Wilson) the Democratic Party, primarily and a bummy bachelor," he toured Stapleton '34 opened the doors for Slovenians, men and women I had the state's residential facilities for the me. But for him, I would not have a known growing up, helped me." mentally retarded and was appalled at law degree." The social protests of Despite the help he received, what he found. His work in the the turbulent 60s were in full swing, McCormack lost the mayoral elec­ General Assembly on behalf of insti­ and the war in Vietnam was raging. tion. But, in losing the election, he tutionalized citizens earned him an "It was a terrible period of uncertain­ came under the tutelage of the award from the Ohio Council for ty and fear. Law students were not Honorable Francis Talty, the much­ Retarded Citizens. exempted from the draft, and the war revered Judge of the Cuyahoga Now, no longer a "bummy bach­ hung over us day and night," County Common Pleas Court, elor," he and his wife, Valerie Faucett McCormack remembers. "It was per­ Probate Division. "I was studying for McCormack, former Director of the haps the dominant factor affecting YMCA's Special Programming and everyone of us, something students Special Events, have four sons: Collin, today can't begin to relate to. Every Brendan, Kerry, and Dylan. And one single (male) law student never knew of their sons, Dylan, is a special-needs from one day to the next where he child, who in a darker world might would be the next semester. You have ended up in one of those insti­ could not plan. Two years into law tutions the young legislator helped school, I was advised I was going to reform. As it is, McCormack's wife be drafted in six months. I didn't and sons have given him abundant want to go, none of us did, but I was training in understanding the prepared to go; I would not have County's most vulnerable citizens, its resisted. The night before I was to children, and in the past few years, leave, the military officer heading up McCormack has emerged as an out­ the draft said, 'You only have one g spoken and eloquent advocate of more year of law school. You might each child's right to decent living as well finish."' conditions and a healthy and nurtur­ So Tim McCormack found ing family life. Even the often-critical another way to serve his country. the bar and clerking for Judge Talty. Plain Dealer lauds his efforts in this In his last year of law school, "I He was a personal mentor. One day I regard, crediting him with primary ran for a seat on the Euclid City got a call from Governor Oohn) responsibility for demanding a Council and won. I was a scrawny Gilligan. I was shocked. He was com­ $298,000 study of the County's belea­ kid. The person on the Council clos­ ing to Cleveland, and he wanted to guered Department of Children and est to me in age was in his 50s. My see me. He wanted me to run for the Family Services, an agency frequently decision to run for office was a reflec­ Ohio House of Representatives. It had under fire from the media and com­ tion of a very brief time in our histo­ been a couple of generations since the munity activists for its alleged mis­ ry when young people were told and government of the state had been in handling of welfare children and for really believed that public service was the hands of the Democrats. He was a the deaths of a number of babies and an honorable profession." Next, he magnificent governor, and I agreed to children in recent years. The study set out to unseat the Mayor of Euclid, run. Judge Talty was very strict with made a series of recommendations to a man who had held the office and me. He thought my first priority the County, and a new Director has been in City Council for three should be passing the bar. He advised been hired to lead the agency decades. McCormack recalls: "I was me not to run. Fortunately, I passed through a reorganization of the 25; I was very naive. I was not preda­ the bar and was elected to the Department. tory in the sense of having a plan House." The study also prompted the and moving up a ladder. I went door And surely Judge Talty was Commissioners to conduct a series of to door with petitions. A lovely pleased to have been wrong. neighborhood forums throughout woman said, 'How good of you.' She McCormack served in the Ohio the County to hear complaints from thought I was doing a school project, House from 1972 until 1973 and in those most affected by the researching the democratic process. the Ohio Senate from 1975 until Department, often distraught and Others assumed I was campaigning 1982. In March 1983, he began a new combative parents. And yet the very for my father." The truth is he was life in public service as the Cuyahoga Continued on page 12

Spring 1999 11 Distinguished Alumni from page 11 going to be cut off. We are not going he says: "I keep remembering, that, persons most in need of County ser­ to throw these people off and declare but for Dean Stapleton, I would not vices. He describes a visit he, victory-unlike New York City and have gone to law school and, but for Commissioners Jane Campbell and other parts of Ohio. We assessed each the draft officer who allowed me to Jimmy Dimora, and staff from the of those households to find out what stay in school, I might never have fin­ Department of Children and Family their needs are, what are the barriers ished law school. And I think, 'But for Services had made the previous in the minds of these young women­ someone who won't give up on these evening to just such a gathering: "We whether it's lack of education, a ride children, these parents, they might were in an auditorium, a very dark to work, substance abuse, or child all be lost."' and potentially dangerous setting, as care issues. We've contracted for van­ Social reform has been a persis­ it turned out, on the near west side of pooling; we're talking with the com­ tent theme of this country's federal, Cleveland. We were screamed at for munity college, and we've brought in state, and local governments for over two-and-a-half hours by 200 poor RTA to talk about getting people to half-a-century. Good ideas abound; it and angry people, many of whom work. The other day, I walked over to is in the implementation that they have lost their children" to the cus­ City Hall to talk to the Mayor about falter. But if Commissioner Tim tody of the County, either through partnerships. It's been a long time McCormack says, "We're going to abuse or neglect or drug-and-crime­ since the city and the county talked make welfare reform work," it will related causes. "We came directly to to one another. We've creating neigh­ work. And if he calls spirits from the the people because we were trying to borhood centers in Collinwood and vasty deep, they will come as well. • ascertain how to deal with the future the Near West Side taking the peo­ well-being of their children. This is ple's business out of old government where my passion is: I sense my own buildings like this one. And we're children in each of these children working with schools. For years, prin­ and, therefore, ·I am infused with the cipals of the elementary schools have same passion each of us would feel." been asking us to bring social workers As many challenges come to him to the schools to talk to the teachers and the other Commissioners from of troubled children. That's how Please the adult world as from the world of we're responding to welfare reform. children. On October 1, 1997, state That's how we're going to make it patronize our and federal governments ended "wel­ work." fare as we know it," placing the job of The Plain Dealer has called advertisers. implementing welfare reform almost Commissioner McCormack 'mercur­ entirely on the County government. ial. ' The Plain Dealer is wrong. For it "We have a little over a year left on would be difficult to find anyone less They help welfare reform," the Commissioner mercurial or more focused, more ded­ tells me. "Twenty thousand house­ icated to the tasks he has set for him­ underwrite holds of primarily young women self as a Cuyahoga County Commis­ with an average of two children are sioner. When I am leaving his office, Law Notes. Thank them for their YOU KNOW ... support. Adjunct Professor Gerald B. Chattman has joined the ranks of Cleveland attorneys writing murder mysteries: His An Education in Murder, which Chattman wrote with considerable editorial assistance and inspiration from Legal Writing Instructor Karin Mika '89, takes place in-guess where-the College of Law. Two women law stu­ dents are found murdered in the law library; a "burnt-out, pompous law professor" is the chief suspect. An Education N 0 T E S in Murder is available at several local bookstores and online sources such as Amazon.com, Xlibris.com, and Barnesandnoble.com.

12 Law Notes "The Stokes Scholarship Fund has STOKES RETIREMENT BRINGS FUNDS been easing the path through law school for our most promising students TO THE LAW SCHOOL for over a decade," said Steinglass. "We are grateful to the County Bar and to n 1988 when Louis Stokes '53 Congressman Stokes for helping us completed his 20th year in the insure the Fund's future." Stokes spoke I U.S. House of Representatives, movingly about his own experience as friends and colleagues celebrated at a a recipient of financial aid through the gala benefit in his honor. Funds G.I. Bill, which enabled him to attend raised at the benefit supported a Cleveland-Marshall and ultimately to scholarship fund at the law school serve in the House of Representatives. that the Congressman created in Also present at the gathering were memory of his mother, Louise Cleveland-Marshall Law Alumni Stokes. Ten years later, following Mr. Association President Frederick Widen Stokes's announcement that he was '81; Squire Sanders & Dempsey retiring from the Congress, the Managing Partner for the Cleveland Cuyahoga County Bar Association Peter Weinberger, Dean Steinglass, and office, John F. Lewis; Squire Sanders & held a benefit in September to com­ Hon. Louis Stokes Dempsey Chairman R. Thomas memorate his 30 years of service to of the Cleveland-Marshall Law Stanton; Cuyahoga County Bar the citizens of northeast Ohio and to Alumni Association Board of Trustees Association President Kenneth A. raise funds for the Stokes Scholarship in February, when Cuyahoga County Bassin '70; Cuyahoga County at the law school. Bar Association Foundation President Executive Director Barbara C. Congressman Stokes, now Senior Peter H. Weinberger presented a Greenberg '94; and Cuyahoga County Counsel in the Washington, D.C., check for $20,000 in support of the Bar Association members Tom office of Squire, Sanders & Dempsey, Stokes Scholarship to Dean Steven H. Dettelbach '66 and Lynn Lazzaro '75. was present at the monthly meeting Steinglass. LFM ROSEN & COMPANY, INC. Get a full accounting Serving Business & Industry with Integrity Since 1917 EXPERIENCED, CERTIFIED, PROFESSIONAL AUCTIONEERS & APPRAISERS OF: of the facts. • Fabricating Equipment • Machine Shops • Construction & Road • Mechanical Contracting Maintenance equipment • Mining/Sand & Before your case goes any further, consult our • Industrial/Commercial/ Gravel Operations litigation support specialists. We can help you Residential Real Estate • Woodworking Equipment determine the real financial impact to your client and identify strengths and weaknesses in your case. From simple requests for information REAL 82 ESTATE to crucial expert testimony, we can be of value. YEARS OF -&­BUSINESS EXCELLENCE BROKERS MACHINERYM~~ DEALERS NATIONAL ASSOCIATIOH l<.thdl&tulll['lll\ Ill\ l k\o.:l Hh.l ( 1[\lu Call Scott Finerman, CPA, JD or STANLEY ROSEN KEN MILLER Andy Finger, CPA at JAY ROSEN CLIFF HENSHAW 216-579-1040 today. 11111111... ~~- ...- SINCE 1917~~~... ~ ... - ROSEN & COMPANY, INC. AUCTIONS* REAL ESTATE* APPRAISALS Cohen & Company. 319 The Arcade Cleveland, Ohio 44114 ( '11 I' I p )I ill( /• ) 11 Jl I (216) 621-1860 (216) 621-4544(fax) www.rosenandcompany.com

Spring 1999 1 3 LAW REVIEW CELEBRATES 47 YEARS OF PUBLISHING OUTSTANDING LEGAL RESEARCH

Forty-seven years ago, Cleveland­ any of those former students came together in September to commemorate the Law Review's Marshall Law School Dean Wilson M almost half-a-century of contributions to legal Stapleton '34 research and scholarship. Students, alumni, and guests and Cleveland-Marshall gathered in the Moot Court Room to participate in an Board of Trustees President, the induction ceremony for new Law Review associates planned by the Review's Editor-in-Chief Robert DiCello. Honorable Lee Skeel '12, created the Among the alumni and alumnae greeting the new edito­ Cleveland-Marshall Law Review, now rial board were the Honorable John M. Manos 'SO, Senior Judge, the U.S. District Court for the Northern District of (since 1969) the Cleveland State Ohio, and the Honorable Patricia A. Hemann '80, University Law Review. According to a Magistrate Judge of the U.S. District Court for the Northern District of Ohio. 1954 Plain Dealer article, Cleveland­ Both Judges were featured speakers. Judge Manos spoke on "Excellence and Insight: the Gifts of Legal Marshall was the first night law school Scholarship"; Judge Hemann spoke on "The Practical in the country to publish its own law Benefits of Law Review Membership." In remarks certain to resonate with the legal writing review; a number of the area's outstand­ faculty, Judge Manos urged students to aspire to excel­ ing judges and practitioners today are lence in their written communications and to pursue in their writing "precision, conciseness, simplicity and clar­ graduates of its editorial board. ity." According to the Judge, a lawyer should in writing

Robert DiCello, Han. Patricia A. Hemann, Han. John M. Manos, Dean Steinglass

14 Law Notes "prefer the familiar to the far-fetched most, you will develop an excessive Cleveland-Marshall education. word; prefer the concrete word to the concern for form and detail," she When Judge Manos graduated in abstract word; prefer the single word said, and "[a]ny lawyer who shows 1950, there was no Law Review; how­ to the circumlocution; prefer the such compul~ion in his or her brief is ever, several years ago, in tribute to Saxon word to the Romance word." on my good guy list automatically." his contributions to the bench and The Judge cautioned against over­ Moreover, "You have the opportunity his command of the written and spo­ wrought prose, legalese, jargon, and to engage in creative research," the ken word, the editors of Law Review, other "word-wasting habits" that war kind of book-centered investigation alumni, and friends of the Judge cre­ against precision, simplicity, and that computers alone cannot accom­ ated a national award for articles on clarity. plish. Calling student editors "the evidence in his honor. The recipient Judge Hemann's address empha­ guardians of legal literature," Judge of the 1999 John M. Manos Writing sized the usefulness of the discipline Hemann urged them to pursue only Competition in Evidence Award was that serving on the Law Review research of the "highest quality," Regan Kreitzer, a law student at the imposes in preparing students for remembering that the quality of the University of Baltimore. LFM their legal careers: "First and fore- Law Review reflects on the quality of a

Past and present Law Richard Jablonski, Eric fudge Hemann

Gloria Donahue, fudge Manos, Avery Friedman

Spring 1999 1 5 REUNION TIME

he Law Alumni Association sponsored a double Theader at its Annual Reunion Weekend Celebration in September. A Friday evening reception honoring the classes of 1963, 1968, 1973, 1978 and 1983 was held in the law school atrium, followed by a Saturday afternoon luncheon for C-M's "Golden Graduates." Special thanks to all who attended the events. Mark your calendars now for September 17th and 18th as we prepare to host the last C-M reunion of the 20th century!!! Daria Futey, Han. Bohdan Futey, Bob (Tiger) Tuma

Dale Brown, Louise Haskins, Tom Scanlon, Robert Haskins Ed Zak, Rose Marie and Joseph Massa

Han. Ron Adrine, Jerry and Lisa Berk

Alonzo and Betty Snipes, Han. Ann Dyke, Bill Powers Jerald Moss, Susan Stephanoff, Han. Brian Corrigan

16 Law Notes Marvin Hersch, Mary McKenna, Lou Gaiduk, Paul Hribar Doris and Rathuel McCollum

Jerome Metze!, Dr. Bernice Miller Violet Tarcai, Edward Kovachy

foe Caterini

Spring 1999 1 7 life Members ,. ·· ' .>·

1940 Han. William T. Gillie 1961 Han. Anthony 0. Calabrese, Jr. William A. Wortzman 1941 Paul J. Hribar Fred Lick Richard W. Sander 1942 Han. August Pryatel Paul S. Sanislo Walter A. Rodgers J. David Horsfall Richard ]. Bogomolny James H. Peak 1950 Bernard Mosesson Robert Wantz Theodore R. Klammer Charles Ipavec Esther S. Weissman Leslie ]. Spisak 1951 Dr. Bernice G. Miller Winifred A. Dunton Lucian Rego Han. Eugene M. Fellmeth Leon G. Nagler Joseph A. Valore Donald B. McCann Kevin B. Fergus Robert M. Phillips Francis E. Kane 1962 Clarence L. James, Jr. Stephen J. Brown Han. Lillian Burke Lucien B. Karlovec John C. Kikol 1952 Han. Thomas Lambros Sheldon E. Rabb 1971 Dharminder L. Kampani Han. Edwin T. Hofstetter Stanley E. Stein James E. Melle Han. Joseph A. Zingales Arthur R. FitzGerald James J. Komorowski Philip R. Brodsky 1963 Joseph A. Coviello Thomas P. Hayes 1953 John]. Sutula Lester T. Tolt Timothy M. Bittel William T. Monroe Thomas J. Scanlon William Thomas Plesec Walter L. Greene Thomas W. Gray Joyce E. Barrett Olga Tsiliacos Robert W. Haskins Bert Toman 1954 Daniel R. McCarthy James A. Thomas M. Lee Graft Edward C. Hawkins 1964 Harry L. Griffith 1972 Gary N. Holthus Howard E. Egert Henry B. Fisher James A. Lowe John]. McCarthy Howard M. Rossen John V. Jackson II Russell T. Adrine Joseph T. Svete Michael L. Climaco William F. Sweeney Raymond J. Schmidlin William P. FarraH Marvin H. Hersch 1965 David S. Lake William P. Gibbons George ]. Frantz June W. Wiener Joseph Gibson 1955 Han. George W. White 1966 Edward T. Haggins 1973 Mary Agnes Lentz Han. Robert E. Feighan John L. Grecol W. Frederick Fifner Charles J. Gallo, Sr. 1967 Charles B. Donahue II 1974 Han. Lesley Brooks Wells Donald P. Traci Lawrence ]. Rich Michael C. Hennenberg Glenn ]. Seeley Norman D. Tripp Stephen 0 . Walker Peter W. Moizuk Theodore R. Kowalski Thomas E. Downey Carol Emerling Kenneth Montlack Timothy G. Kasparek Irene M. Kotulic William M. Wahl William R. Fifner William D. Carle III Stanley Morganstern Barbara Stern Gold Samuel Laderman Michael R. Gareau Leonard D. Young 1957 Leon M. Plevin 1968 Han. John E. Corrigan David R. Knowles Maynerd Kimball Herbert Palkovitz 1975 Dr. Gregory]. Lake Richard T. Reminger James R. Kellam B. Casey Yim Thomas ]. Brady Richard Moroscak Dale H. Markowitz Joseph C. Damiano Robert I. Zashin Gerald L. Steinberg 1958 Charles R. Emrick, Jr. William E. Powers Richard S. Koblentz James Patrick Conway Gerald Broski L. Richard Musat Aaron Jacobson Han. Bohdan Futey John M. Richilano Julian Kahan 1969 Wendel Willmann William C. Hofstetter 1960 Han. Hans R. Veit Marc]. Bloch Deborah Lewis Hiller Don C. Iler William L. Summers John B. Gibbons Donald L. Guarnieri Han. John]. Donnelly David J. Skrabec Donald M. Colasurd 1970 Blaise C. Giusto Michael E. Murman Norman T. Musial Joseph H. Weiss, Jr. James F. Szaller Eugene A. Kamps Kenneth A. Bassin Joseph Jerome Robert]. Sindyla Alan L. Zmi j a

18 Law Notes ·· ~.' .~ life Members

1976 Charles G. Deeb Laura A. Williams Marshall Nurenberg David Ross 1983 John L. Habat Maurice L. Heller Keith E. Belkin Paul Brickner Stephen]. Werber Michael]. Nath Peter Marmaros Victoria Plata Steven H. Slive Donna]. Taylor-Kolis Stephen R. Lazarus Deborah R. Akers Elizabeth Haque Steven R. Smith Patrick Bianconi Kevin ] .M. Senich Louise F. Mooney Harold W. Fuson, Jr. Frank Aveni Solomon Oliver, Jr. 1977 Charles T. Simon Susan ] . Becker Frederic P. White, Jr. ] ack W. Bradley Anthony P. Dapore Paul Carrington Lawrence]. Cook 1984 Carl F. Asseff Steven H. Steinglass Robert M. Wilson joseph G. Stafford Louis B. Geneva Roger M. Synenberg M. Elizabeth Monihan Lloyd B. Snyder Anne L. Kilbane 1985 Laurie F. Starr james G. Wilson Kathleen M. Carrick Tina Ellen Wecksler Earl M. Curry, Jr. Linda M. Rich joseph R. Gioffre David Barnhizer Rita S. Fuchsman 1986 James E. Tavens David Goshien Sumner E. Nichols II Laura]. Gentilcore Joel Finer Harvey Berman Jane B. Marciniszyn jack Guttenberg ] ohn D. Wheeler 1987 Gary Lichtenstein Carol Barresi 1978 David M. Paris John T. Hawkins Mary McKenna Ronald F. Wayne Scott C. Finerman Elisabeth T. Dreyfuss Barbara Silver Rosenthal Sally M. Edwards Mary D. Maloney Mary Llamas Courtney Schuyler Cook 1979 La Verne Nichols Boyd Thomas L. Feher Louis C. Damiani Michael P. Harvey WELCOME NEW LIFE MEMBERS Sheryl King Benford 1988 Melody]. Stewart William ] . Day Judith Arcoria DeLeonibus George J. Frantz '54 Maria Quinn John P. Luskin Kevin B. Fergus '61 H. jeffrey Schwartz 1989 Raymond Gurnick John L. Grecol '66 1980 Culver F. Eyman III Scott Spero Gerald Broski '68 Hon. Bohdan Futey '68 Geoffrey M. Schumer Sheila McCarthy John C. Kikol '70 Gerald R. Walton Barbara Tyler David R. Knowles '7 4 Howard Mishkind Karin Mika Harold W. Fuson, Jr. '76 Richard C. Alkire Diane Homolak Lynn Arko Kelley '80 Susan L. Gragel Sheila M. Brennan Anthony P. Dapore '83 Phillip E. Thomas Lori White Laisure Joseph R. Gioffre '85 Kemper Arnold Anthony A. Logue Lillian B. Earl '92 Kenneth R. Roll 1990 Sonia Winner Megan Hensley Bhatia '94 ]ames H. Hewitt III Carol A. Roe Anthony T. Nici '97 Floyd ] . Miller Brian G. Ruschel Sam Thomas III '97 Lynn Arko Kelley 1992 Kevin P. Foley 1981 David Paul Burke Lillian B. Earl Hermine G. Eisen 1993 Gloria S. Gruhin Louise P. Dempsey Peter A. Russell Sandra]. Kerber 1994 Jean M. Hillman Vincent T. Lombardo Marc D. Rossen Dennis R. Lansdowne Matthew V. Crawford Frederick N. Widen Megan Hensley Bhatia Michael V. Kelley 1997 Anthony T. Nici 1982 ] ames Lee Reed Sam Thomas III K. Ronald Bailey N/A John Makdisi

Spring 1999 19 New Ute Memberr

WELCOME NEW LIFE MEMBERS filed by employers, employees, and became a Judge of the United States labor unions under the National Labqr Court of Federal Claims in 1987. After receiving his J.D. from Relations Act. Prior to attending Cleveland­ Cleveland-Marshall in 1975, Alan L. Mr. Zmija is a past member of the Marshall, he received both a B.A. Zmija served as an Attorney Advisor Board of Directors and Vice President and an M.A. from Case Western for the Social Security Adminis­ of the Federal Bar Association, Reserve University. tration Office of Hearings and Cleveland Chapter, and a past Secretary Judge Futey formerly served as Appeals where he performed legal of the National Treasury Employees Chairman of the Foreign Claims research and advised Administrative Union, Chapter 224. Settlement Commission of the Law Judges of the Social Security United States, as a partner in two dif­ Administration. He then became a ferent law firms, as an executive Supervisory Staff Attorney for 12 - 15 assistant to the Mayor of Cleveland, attorneys and continued performing and as Chief Assistant Police professional responsibilites which Prosecutor for the City of Cleveland. included ressearching law and regu­ Judge Futey is involved with the lations, drafting administrative deci­ Democratization and Rule of Law sions, and conducting pre-hearing programs organized by the Judicial conferences. conference of the United States, the Mr. Zmija returned to the Department of State, and the ABA in College of Law and received his Ukraine and Russia. He has been a LL.M. in 1993. He is currently consultant to the working group on employed as an attorney with the Bohdan A. Futey Ukraine's Constitution and the National Labor Relations Board in Ukranian Parliament, and was an Indianapolis, Indiana, where he investi­ Judge Bohdan A. Futey '68, a native official observer during the gates charges of unfair labor practices of Ukraine, was nominated and Continued on page 50

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CUYAHOGA COUNTY SUMMIT COUNTY LAKE COUNTY 600 SUPERIOR AVE., E 76 S. MAIN ST. 38123 w. SPAULDING ST. BANK ONE CENTER FIRST ENERGY BLDG. SUITE 201 CEFARATTI CLEVELAND, OHIO 44114 AKRON, OHIO 44308 WILLOUGHBY, OHIO 44094 A Litigation 216-696-1161 330-253-8119 440-942-2373 GROUP Support Company FAX 216-687-0973 FAX 330-253-2250 FAX 216-687-0973 www.cefgroup.com 1-800-694-4787 -----··-·-·-·-····- - ---··-·------·------· 20 Law Notes CONGRATULATIONS TO THE FOLLOWING SUCCESSFUL JULY 1998 OHIO BAR EXAM APPLICANTS:

Mark S. Abood Eric S. Gordon Jill S. Patterson Robert E. Adelman David M. Graves Anthony R. Pecora Katherine S. Agleman Richard R. Green AmyL. Phillips Ann-Marie R. Ahern Sean S. Gregor Angela Privitera John A. Armstrong Matthew H. Hallett Jason R. Pugh Afshin A. Atabaki Tina M. Hart Robert J. Quartell Robert L. Austria Amgad T. Husein Mary E. Randazzo Mindy E. Baran Kelly-Marie Jackson Troy A. Reeves Kyle R. Bender John M. Janusz Juliana W. Reineke Mark S. Bennett Corianne M. Jernejcic Jason W. Richards Lisa M. Blair Rachel A. Kabb-Effron Joseph P. Rodgers Lawrence M. Bocci Jeffrey T. Kay Neil S. Rubin James E. Boulas Keith J . Kearney Jennifer L. Rudolph Steven L. Brewer Amy L. Kennedy Gabriella M. Russo Rosalina Judy K. Broussard Maureen S. Kenny Cara L. Santosuosso John]. Burns Michael A Kenny, Jr. Mark J. Savage Deborah Caldwell Michael J. Kin lin Brian J. Schad George H. Carr Christopher S. Kirk Shawn W. Schlesinger John R. Carrothers Donald 0 . Kodger Pamela S. Schremp Mark J. Cartwright Richard J. Koloda Thomas]. Sheehan Christopher J. Caryl Danielle M. Konrad Cathryn A. Sheridan Theresa K. Casserly Andrew M. Korduba Matthew D. Shuler Leif B. Christman Paul E. Larson Robert A. Sidoti Richard Chudner Thomas W. Lundin Zachary R. Simonoff Timothy J . Clemens Tiaon M. Lynch Diane E. Sindelar Kevin Corcoran Catherine Ma Elaine L. Skorich Shawn A. Cormier Jennifer L. Malensek Jihad M. Smaili Kirsten A. Davies Timothy E. Manning JeffreyS. Sobieski Timothy S. Deeb Matthew H. Matheney Patricia A. Specian Kimberly L. De]ulia John E. Mazey Laura M. Stein Diana M. Delmar Kenneth W. McCain Jennifer L. Swallow Danielle M. DesForges Beth A. McCourt Randy L. Taylor Rebecca J . Dessoffy Shannon L. McEaneney Ellen R. Titlebaum Sara M. Donnersbach Tracey S. McGurk Heaather Tonsing James M. Doran Michael D. Mierau, Jr. AmyTrejbal Gavin C. Dues Nicholas M. Miller Quan T. Trieu Francis L. Dunn, Jr. David G. Millet Michael A. Wahlster Dawn M. Durkin Bryan S. Mollohan Terrence R. Walsh Gregory R. Dye Daniel L. Montenaro Darlene A. Wilcox Susan M. Edelman Gregory G. Morgione Mark N. Wright, Jr. Tonya L. Eippert Christine A. Murray Susan E. Yarb James D. Ellis Dawn A. Norman David A. Zele Diane L. Feigi Katarina K. Novak Scott J. Zele David R. Fenn Scott J . Novak Suzanne M. Fisher Catherine M. O'Malley Editor's Note: Maureen Brett was a John J. Frank Ann M. O'Rourke successful applicant to the February Loralie J. Franke Sean C. O'Toole 1998 Bar Exam . We regret that her Abigail J. Gardner James W. Oh name did n ot appear in the last issue Sherry L. Glass Kenneth N. Ortner of Law Notes. Robert E. Goff, Jr. Edward 0 . Palm Cheri Goldstein Christopher L. Parmelee David M. Goodrich Gregory S. Patterson

Spring 1999 21 THANK YOU! THANK YOU! STUDENTS IN THE NEWS THANK YOU! In October the C-M moot court team of third year Coury, Rebecca Kelley, and Mark A. Miller pecial thanks to the following the Best Brief Award at the John Marshall S attorneys who participated in Competition in Information and the Terrific Tuesday program, spon­ advisor Stephen J. Werber an~~~-~ai!J~iii'Pror sored by the Law Alumni Association team and the Office of Career Planning:

Dick Ambrose '87 Steve Auvil'93 Mark Bandy '91 Michelle DeShon '96 Christina Evans Thomas Feher '87 joseph jerome '75 Tom King '90 Rich Koblentz '75 Phil.Korey '80 john Lombardo '71 Jim Mackey '74 Bill Mangano '96 in the final round Jim Miller '96 1vuu~>•-o defeated a team of third year stu­ Howard Mishkind '80 has the most strongly supported pro- Tom O'Donnell '96 Jill Patterson '98 Bob Patton '96 jr,. received first prize in the 1998 Nathan Burkan Memorial Competition for his paper entitled "Freelance Authors' Rights Peter Russe11'93 After Tasini v. New York Times: Has the Quest to Become an Dan Schiau '90 Electronically Globalized Society Diluted the Available Protections jacqui Simpson Under the 1976 Copyright Act." Bob Walton '80 jerry Walton '80

THE ELMER J. WHITING JR. SCHOLARSHIP

lmer J. Whiting, Jr., Cleveland­ we did not know were there." In EMarshall class of 1955, was the gratitude to Elmer Whiting, the first African American Certified American Association of Attorney­ Public Accountant in Ohio and one CPAs established a scholarship in his of the first African American attor­ memory at the College of Law. The ney-CPAs in the country. Eventually, 1998-99 recipient of the Whiting he became the first black partner in Scholarship is Paula A. Kuhn '99, the accounting firm of Ernst & pictured here with Mr. Whiting's Young. When he died in 1995, a fel­ widow, Carmel Bryan Whiting, and low CPA eulogized him for opening Dean Steven H. Steinglass. "doors we did not know were closed" and for removing "obstacles

22 Law Notes ( A Centennial Feature ~ Cleveland-Marshall in the 1960s Part II By Louise Mooney

A reunion of 60s grads

Spring 1999 2 3 he previous issue of Law Notes described the Marshall Law School. Assistant Dean Oleck became 60s as that reckless, reforming era was played Interim Dean, and following a national search for a per­ out, both in Cleveland and in the Cleveland­ manent dean, the law school announced in July 1968 the Marshall Law School. While the city strug­ appointment of James K. Gaynor, a retired Army JAG gled to survive union marches, two major Colonel, as the new dean of the Cleveland-Marshail Law race riots, anti-war demonstrations, and School. The announcement of the new dean was followed Tprotests against school segregation, the law school had its in the next year by the announcement of the law school's own upheavals. . In the second half of the decade, Dean merger with Cleveland State University, the city's five­ Wilson Stapleton '34 and Assistant Dean Howard L. year-old public university, and the law school was Oleck, in an effort to improve the law school's financial renamed, for the third time in a decade, the Cleveland­ stability and its eligibility for . membership in the Marshall College of Law of Cleveland State University. Association of All).erican Law Schools, initiated a merger These events are described in fuller detail in Volume with Baldwin-Wallace College, a small Methodist college 6, issue 2, of Law Notes. In this issue we continue our his­ in Berea, Ohio. The 1964 merger was ill-fated and short­ tory of Cleveland-Marshall in the Sixti~s with profiles of lived, foundering on dis- four graduates of the cord between the two decade: C. Lyonel Jones, schools' trustees and their Class of 1963; the faculties. By 1967 their Honorable Bohdan disagreements and ani­ Futey, Class of 1968; the mosities were being aired Honorable Ann Marie almost daily in both the Kirchner Dyke, Class of city's newspapers. When 1968; and the Honorable Baldwin-Wallace John J. Donnelly, Clas·s President A.B. Bonds engi­ of 1969. neered the _retirement of These graduates are the highly-popular Dean not ordinary persons: All Stapleton and claimed the have involved themselves right to appoint a decanal in the social and political candidate of his own history of their times; all choosing, in violation of have chosen a career in .. ABA guidelines, the two · , service to the public; and schools, amid a barrage of all have left a large mark media coverage, agreed to on their small corner of disaffiliate. By October the wide world. For,- as 1967 students who had poet Richard Wilbur, enrolled in the Cleveland­ quoting St. Augustine, Marshall Law School of writes: Baldwin-Wallace College Love calls us to the things found they were now stu­ of this world. dents of the once-again independent Cleveland- The old Cleveland~Marshall Law School on Ontario Street

24 Law Notes black ghetto to the heart of the Jewish ghetto. I went to a nearly all-white elementary school and then to Glenville High where I was one of about 20 Gentiles. It Cleveland-Marshall was an enriching experience. "My mother. never had more than an eighth grade Graduates of the Sixties education, so she stressed education for her sons." And Jones and his older brothers, Albert and Donald, took their mother's counsel to heart: After high s~;:hool Albert, C. Lyonel jones with the assistance of his father's employer E.]. Kulas, Director, Legal Aid Society of Cleveland, Class of 1963 President of Midland Ross, went to Baldwin-Wallace, a small Methodist college in Berea, Ohio, which Kulas sup­ efore I interview Lyonel]o. nes in his office on West ported heavily; Donald went to Case Institute of Sixth Street, in the Warehouse District, I call and Technology, and in 1953 Lyonel followed his oldest Bask for his resume. He tells me that he isn't sure he brother to Baldwin-Wallace, majoring in history and has one since he's had the same job for three decades political science. and hasn't had much use for a resume recently, but by Jones was one of only a handful of African the time I actually meet him, he has found or created Americans attending Baldwin-Wallace during the mid- one. A resume is a bare-bones document, a threadbare 50s. Another was George Forbes '62, future President of text; nevertheless, what Lyonel Jones's resume makes the Cleveland City Council. "George came right out of immediately clear is that his professional life has been the Marines to B-W, wearing his old Marine Corps greens spent entirely in service to the citizens of northeast because that was all he had at the time," Jones recalls. Ohio, often its disenfranchised and neediest citizens: He Following their B-W graduations in 1957, Forbes has worked as .a Probation Officer, as, an Assistant Ohio and ·Jones both went into teaching: Forbes to Attorney General, and since 1966, for the Legal Aid Collinwood and Jones to the old Central High. But both Society of Cleveland, first as Attorney-in-Charge of the men had set their sights elsewhere. Hough office and since 1968 as Director of the Legal Aid "I always wanted to be a lawyer. I don't know where Society of Cleveland. In addition, he has served on the it-wanting to be a lawyer-came from; it was just some­ Taskforce on Desegregation and the Boards of the thing I always knew I wanted to do. I left teaching after National Legal Aid . and Defender Association; the a year and took a job as a probation officer with the Welfare Federation of Cleveland; the Citizen Revolt Cleveland Municipal Court," he says. "Working as a pro­ Against Substandard Housing (CRASH); the Consumer bation officer gave me. an opportunity to meet lawyers, Protection Association; · to be around the courts, and Karamu House; the Hough to understand that every­ Development Corporation; one's entitled to a defense, and the American Civil that innocence or guilt is a Liberties Union of Cleveland. judicial determination, and Still, beyond the resume, that it's up to you (as a is a much richer narrative; it is lawyer) to see everyone gets a a narrative that. never strays fair trial and the state plays far from the town where by the rules," Lyonel Jones was born, raised, In the late 50s, as in came of age, and began his previous decades, if you were professional life. "I have lived an African American youth all my life in Cleveland. I was aspiring to a career in law, born at home in Cleveland chances are you went to see on 2271 East 87th. Street. My Dean Wilson Stapleton '34 father worked at Midland­ at the Cleveland-Marshall Ross. My mother was a home­ Law School on Ontario maker," Jones tells me. Street. And that is where "Eventually, · we moved both Jones and Forbes head­ from East 87th. to a street off ed. After all, Jones says, "I 105th., north of Superior/' he couldn't afford to go to that continues. Not far in miles, other school, the one in the perhaps, but considerably far­ park. ther in cultural distances. "We "We loved Dean moved from the heart of the Stapleton," he continues. C. Lyonel Jones

Spring 1999 25 "I always wanted to be · a lawyer. I don't know "The great thing about him was attorney in the city." In a way the way he would interact with where it-wanting t

26 Law Notes "The night before · I started, the Hough Riot him, and asked him if he could there'd been. corn 'growing and start a week from Monday. "I erupted. Burt (Griffin) cows 'grazing on Hough Avenue, said 'No problem. I'll be there."' I'd have been out of a job." th~ said, 'Go down there Jones has been in city he ' . Eventually, the office moved_to hwes ever since. And at· the East 87th street and Hough. Legal Aid Society in a job for .and start representing "There was a kind of little dirt which he retains deep affection. area outside the office where His orientation to his new people.' .So I went·into the Better Boys liked to sit. They job was far from conventionaL liked to begin the day with a lit­ The newspapers in town had Hough, set up an office tle wine-sipping, and I used to been warning Clevelanders for go outside and' take commu- . some time tpat the Hough area . in a deserted Fisher nion with them in the morn- was . ~ powde'r keg. Urban renew­ Foods store, got a desk . . ing;" Jon,es says. "The Better al had driven the city's poorest Boys?" I ask "Well; the Better residents deeper into the inner and .a chair, and started Boys were not your most city, storefront after storefront upstanding citizens. Tbey used ·was boarded up, -and by 1964 repres~nting people." to laugh at me ·for locking my Hough residents accounted for car. They'd say, 'Don't you know 25 per~ent of the entire county's we can be in there in two sec- . w~lfare cases, taverns proliferated, and crime statistics onds?"' c soared. On July 18, 1966, a dispute in a Hough tavern But, sometimes, ,the Better , Boys came in handy: ignited the six-day Hough dots. "Burt (Griffin) came out to Hough one day and was The morning of the next day was Lyonel Jones's first )llugged and his wallet stolen. So I called a col!ple of the day as Attorney-in-Charge of the Legal Aid Society's new guys from around the corner and told. them what had office in Hough. · · · · happened. 'We'll be back,' they said. They broqght back "The night before I started, the Hough Riot erupted. the wallet, all its contents, and the-guy who took it. -Burt (Griffin) said, 'Go down there and start represent­ Another time someone stole the air conditioner right ing people.' So I went into Hough, set up an office in a .out of my office window. I told' the next person that deserted Fisher Foods, store with other social service came running for me to get someone out of jail, 'Sorry, agencies,- got a desk and a chair, and started representing my air conditioner's. gone. I don't work when it's . this people." And, indeed, there were a lot of people to rep- hot.' The next day the air conditioner was back 'in the . resent: Within the six-day-period over 200 fires were set, . window. Same one, too." vandals and looters brazenly ransacked the neighbor­ While the . Hough ·riot_had alarmed the people of hoods, 300 were arrested, and four citizens were ]silled. ' Cleveland, it had also been a catalyst for social change, On the 20th of July,· 1966, Mayor L0cher called up the and by the end of the 60s times seemed to be improving National Guard. -for the city's black peoples. In 1967 the city elected its It makes a compelling picture: the new employee first African American Mayor, the Honorable Carl B. weaving his way through National Guard jeeps and ' Stokes '56. Two years later, his brother ·Louis Stokes '53 armed soldiers to his new job in the abandoned grocery inaugurated his 30-year career as the state's first black • store, where he begins United States Congressman. Jones worked ·hard to elect · immediately to represent both men. "Just about every black person in the city the people bf Hough. · .. did," he says. .· · "Hundreds of people By the time Stokes was sworn into office, Jones had were charged with tres­ been Attorney-in:charge of the Legal Aid Society's office passing," he explain~. in Hough for almost two years. "I really liked being there . "They were charged uuder and helping the people in Hough. It seemed right for a state statute that went me. But Burt called one. day in 1968 and . told me on for several pages. When Clarence James was leaving to become Mayor Stokes's · I read through the st~tute, Law Director. Burt needed me to 'take Buddy's (Clarence I realiz'ed the prosecutor James!s) job as Deputy Director. I didn't want to leave had never turned the Hough, but I did, and the next thing I knew, Burt came pages. The statut~ referred in and told me the President had. appointed hiiU head of to trespassing dn farm Legal Servi.ces for the War on Poverty's Office of property, so I put the state Economic Opportunity. So Buit goes off to Washington to the burden of proving and Buddy had left, and there· I am running the office. · Hough was a farm. If The Board of Trustees launched a p.ationwide search for Stanley Tolliver

Spring 1999 27 These days,· sitting in the Society's headquar­ a new Director. I never applied By the time of the Evans trial, for the job. I wasn't interested ters in Cleveland's Jones had been an attorney for in_ it. The Board of Trustees the Legal Aid Society for three talked to Burt, and Burt said, 'I restored Warehouse ·- years. In addition to witnessJng - don't know why you're looking - - ' two race riots and defending all over the country. Go ask District, Jones seems at numerous accused rioters as Lyonel if he'd do it:'" well as scores of other impover­ But Jones demurred: "I peace in the job he ished citizens, he had also seen never wanted to be an M.B.A. I a man killed outside his Hough never wanted to be manager of tried to decline 30 office, and he and others had anything. They (the Trustees) _ been shot at by police while told me to take my time and go years ago. attending a meeting in Hough. visit the other project directors These stories, so intimate thrbughout the country and learn what a project direc­ with _the history of the city during this calamitous tor does. So, off I went; came back, and I've been here decade, are among the'reasons-Jones's resume pales in ever since." comparison to his unwiitten professional history. Yet, in Jones's entry into his new job as Director was every spite of a career that has surely seen a good deal of the bit as dramatic as his entry into his job in Hough had city's criminal underbelly; Jones's convictions seem been. Following the riot, Jones and other community unimpaired. He seems, in fact, a man of amazing good " activists had formed the -Hough Area Development will. And the city and the Society are better off because Corporation in an effort to bring some kind of stability of his three-decade long tenure in the job he never to the community. Stokes's Cleveland Now! , program , sought. _ had funnelled money through HADC, ·and the For, despite his reluctapce t~ "manage anything," Corporation had used the monies to provide work to a , the Legal Aid Society of Cleveland, the fifth oldest in the number of potential troublemakers. Among them was a country, has prospered under his direction. When Jon-es man soon to make · Cleveland history, Fred Ahmed first became Director, the Society's budget was $500,000 Evans, a kind of inner city Che Guevara. No one in the a year; it is now $5 million a year. Seventy lawyers rep­ HADC knew that the monies they were dispersing to resent clients in six counties for the Society, one of the Evans and his followers were being used to build a cache few bifurcated legal services 'agencies in the country, of weapons and ammunition. Not until July 23, ·1968. handling both civil and criminal· cases. But the agency Se~en months into the new Mayor's first term and two has not been without its struggles. years almost to the day since the outbreak of the Hough During the 1980s when the funds of social service riot, a group of armed black militants opened fire on agencies were imper~led by th~ Reagan administration's white policemen .in the Glenville area. Once more, loot­ build-up of the largest armaments inventory in the his­ ing and arson erupted; once more the National Guard tory of western civilization, the Legal · Aid Society of rolled -int,o the city; once more armed guardsmen Cleveland survived, in part, because of Jones's skill in patrolled the neighborhood streets. Within three -days, translating his own convictions to the private bar. seveh lives were lost, 15 were wounded, and 63 busi­ Margaret Terry, an attorney with the Legal Aid nesses were damaged or destroyed. Among those arrest­ Society for 26 years, commends Jones for his foresight ed and accused in the dot was Fred Ahmed Evans. ins - during those hard times: "Lyonel built bridges to the pri­ lawyers in the preliminary hearings were Lyonel Jones vate bar. When we were hit by the Reagan budget cuts, and Stanley - Tolliver '51. Eventually, Cleveland­ he _always managed to pilot us so that we never had to Marshall alumnus Charles W. Fleming '55 handled lay off any9ne. He reached out to private attorneys, and Evans's defense: we now have a volunteer. force of over 1,000 lawyers. I ButJories'sjnvolvement in the case was not yet over. think Lyonel has been so successful because he sees_us "One day I was sittirtg in my office down on 21st aryd (the Society). as integral to the justice system, and his Payne when my secretary said there were two deputy · own· commitment is so very cbnvincing." sheriffs waiting to see me. They brought a sub poena and These· days, sitting in the Society's headquarters in a body attachment. They took me out of my office and Cleveland's restored Warehouse District, ]_ones seems at put me in a cell behind the courtroom, so I couldn't talk peace in the job he tried to decline 30 years ago. Though to anyo·ne before I testified. The reason I was subpoe­ he has proved an excellent administrator, he continues naed to testify in the Evans ca·se w_as that I was President to maintain a "small immigration caseload" and tqat of the Hough Area Development Corporation when the part of his job gives him. great satisfaction. He seems riot broke out. Of course, HADC was exonerated. We had happy, a man with the kind of dt_eply resonant laugh no idea Evans was using the money we paid him to pur­ that would revive the bleakest workday. Would he like to chase weapons." work anywhere else I ask him; would he like to be a

28 Law Notes judge, for instance? "No," he answers without hesitating. ating· a short-lived, quasi-independent state that was "I'd like to be perfectly clear about that! Listen, I've had eventually abolished by invading Russian troops. In 'the the time of my )ife." And that huge laughter fills the 18th and 19th centuries, virtually every country in .room. Central and Eastern Europe laid claim to some region of The truth is, I think Lyonel Jones would have had Ukraine. Yet, though Ukrainians are a people who have the time of his life no matter where his life and times only periodically known peace, no era quite matches the had led him. present century for brutality and suffering. · Following the First World War and the Russian Revolution, Ukrainian territories were divided among The Honorable Bohdan Futey Poland, Romania, Czechoslovakia, and the new Ukrainian Soviet Socialist Republic. A Ukrainian nation­ United States Court of Federal Claims Class of 1968 alist movement. fought bravely but unsuccessfully for independence from Bolshevik dominance; from that he Honorable Bohdan Futey, Judge of the United confli~t followed the loss of individual rights, the sup­ States Court of Federal Claims, was born· in pression of the Ukrainian language and culture, and the T Buchach,, Ukraine, in the western part of the coun­ eventual inhuman exc~sses of the Stalinist regime, try, an area, according to the gazetteer I consulted, "long including a man-made famine in eastern Ukraine that contested militarily." In fact, it would be difficult to find claimed, in the brief span of a year, 1932-33, seven to ten any part of Ukraine that had not . been besieged, million lives. annexed, partitioned, or contested militarily. In prehis­ When Bohdan Futey begari life, his town was in the toric" times, lawless hordes of Asian horsemen swept process of being incorporated into the Ukrainian Soviet across the Ukrainian steppes; from 6,000-1,000 BC. the Socialist Republic; by the end of 1941, Nazi forces had Trypillians, a farming people, flourished along the occupied virtually all of Ukraine, Ukrainian nationalist leaders were interned in concentration camps,]ews were Dnipro River. In the Christian ~ra, Germanic, Mongol, and Slavic tribes fought over the land, attracted by its routinely rounded up, and in 1941 over 600,000 were forests full of game, fish-laden rivers, fert-ile farmlands, executed at Baby Yar. _By the end of the war, the Soviet and rich mineral resources. In the ninth century, the Union had gained complete control over all Ukrainian princes of Kyiv founded a strong state, Kyivan Rus,' and territories. established a dynasty with But before that, the Futey parents with their six­ ties to virtually all major year-old son had begun European royal families. In their flight toward freedom, 988 a Kyivan Rus' ruler, St. escaping through eastern Vladimir the Great, accept­ Europe-Czechoslovakia ed Christianity and pro­ and Hungary-and arriving claimed it the national in 1945 at displaced per­ faith. Under Ya:roslav the sons' camps in Bavaria. "At Wise (1019-1094), Kyivan Kempten, one · of the Rus' became a center of camps, I remember the cross-continental trade, but white flags of the Germans during the 13th, 14th, and surrendering to the Allies. 15th centuries the state's American Gis took us on ·' authority was diminished boat rides and gave us by repeated invasions of its chocolate," the Judge re­ neighbors; mainly Russia calls. But not all memories .. and Poland. In 1478 the were so happy. The Soviets north coast of the Black Sea had convinced the Allies and Crimea were occupied that many of the persons by Turks. in the deportation camps In the late 16th centu­ were deserters from the ry, Cossacks, aided by Red Army, and the British revolting peasants and and the Soviets were coop" serfs, attempted to ·over­ erating in "Operation throw the Polish, Russian · Keelhaul," so called after a and Turkish usurpers . in particularly brutish naval numerous wars of libera­ ·discipline that involved tion and succeeded in ere- Judge Futey loading a miscreant down

Spring 1999 29 Futey was 17 years old; he had escaped two with chains, tieing him with had been in Ohio since the end' rope, dragging him under the dictatorships and come of the. 19th. century; . ·in keel, and hauling him back on Cleveland their initial settle­ board, dead or alive. According of age in a third; he ment was in the Tremont area to Futey, day and night soldiers where the first Ukrainian drove through the camps and, now found himself Byzantine Catholic Church in a maneuver reminiscent of opened in an old trolley garage the Nazi ab Wendlung, loaded bound for one of the in 1902. The Futeys lived in the suspects onto trucks to return city of Cleveland for several them to the Soviet Union or its great industrial cities years before following other satellites. "I re1J1ember hiding in Ukrainian Americans to Seven Hills and Parma. the forest at night when the of,· the free world: trucks drove through/' Futey Futey found a city packed recalls. "We had nothing to fear. Cleveland, Ohio. with opportunities. "I always My father had never serveq in wanted to be a lawyer and a the Red Army:, _but anyone who teacher," he says, and immedi­ spoke Ukrainian or a Slavic tongue was suspect. There ately he set out in pursuit of that dream, graduating were many episodes of suicide, people jumping from from Western Reserve University with a bachelor's the trucks rather than being -returned to the Soviet degree in 1962 and· a master's degree in 1964, both in Union. history. In between, in 1963, he had married Myra Fur, a "Gradually the 'camp internees were .able to seek young woman of Ukrainian descent. Three children asylum in other countries," the Judge continues. were born to them: Andrew, who, until recently, worked "Paraguay was .. the first to open its doors; Argentina in the administration of Governor Voinovich; Daria next. The U.S. and Canada had not yet." The family had Futey, an associate in the law firm of Climaco, Lefkowitz, relatives ·in Argentina, and after three years in two Peca, Wilcox, cS( Garofoli; and Lidia Murphy, a Case refugee camps, they were allowed in 1948 to e~igrate to Western Reserve University biologist and the mother of Buenos Aires. Having escaped the terrors of Nazism ·and twins. Communism, the family found itself two years tnto the Following his college graduation, Futey taught his­ Presidency of the quasi-military, quasi-capitalist, quasi-· tory, first at . Glenville High School and then in socialist dictatorship of Juan Peron. Brecksville's high school. Evenings found him down-· Yet it was a dictatorship that, perhaps due to the town studying law at the old Cleveland Law School on more benevolent influence of Eva Peron, offered singu­ Ontario Street. They were formative years: During law lar blessings for displaced families: free public education school, Futey met and forged friendships with three and abundant employment opportunities. "Need teach­ . Ukrainian American classmates: Volodymyr 0. Bazarko es you to learn in a hurry," ~ays Futey; And thus his '70, George V. Oryshkewych '70, and Boris Rakowsky father, who was ·not educated as a chemist, found work '68; these friendships over the years evolved into law as a chemist in the Lever Bros. laboratories, and his son, partnerships. whose native tongue. was· Ukrainian, quickly learned His first fir_m, Futey and Rakowsky, a "walk-in" law Spanish as well as English. For, by now, America was practice, Futey recalls, was "on State Road across from welcoming the peoples of centraland eastern Europe, the church. People just walked in off. the street and and in 1957, three years after the Peronista government brought us their legal problems. My first client, I'll never was ousted from power, the Futey family left for the forget, walked into the office asking for an attorney. It United States. Futey was 17 years old; he had escaped was a Saturday; I was painting our conference room. I two dictatorships and come of age in a third; he now went back, changed my clothes, and came out to greet found him~elf bound. for one of the grea_t industrial him as an attorney." The practice took off, and arol,lnd cities of the Jree world: Cleveland, Ohio; He was riot to 1969, Futey gave up te

30 Law Notes The Judge is fond of pointing a quotation Futey served in the Perk to Burns; in -· 1987 Futey was administration until1975 when from President Lincoln· appointed to the Court of he returned to private practice, · Federal Claims, rapidly con­ this time with his former class-· that is carved into the firmed 'by the Senate jUdiciary mates in the firm of Baz'!-rko, Committee, and soon began his Futey, and Oryshkewych: . ·Court's ·front wall and service as one of the 16 judges Futey had -been active in on the United ·states Court of Republican politics for several ably expresses the Federal Claims. Recently, Judge years and· had served .on . the Futey discovered-he was riot the Party's Executive Committee; in ·philosophy of the only Cleveland-Marshall gradu­ 1980 he was an alternate dele­ ate to sit. on the court when gate to the Republican conven­ Court: ''It is as much Francis Allegra '81, formerly tion. His work f~>r the Party with the Justice Department, turned out to be a serendipitous ·the duty of govern­ joined him, op the bench. · . · venture. After the convention The Court is a prestigious one he received a form letter asking ment to render pr-ompt - with· a commission dating to. the if he would be . interested in middle of the-19th century an9 working in the Reagan adminis­ justice against 'itself, in - a large :and growing jurisdiction. tration. "I thought, 'I'll take According to The United States them up on this' and filled out _favor of citizens, as it i·s Court ofFederal Clain:s' Deskbook, the form," the Judge _remem­ the Court, founded in 1855 as bers. But a form letter is, after to· administer the same the United States Claims Court; all, only a form letter, and so was initially a court in name Futey did not waste time won­ between-private only· with authority to hear _ dering when ari. appointment claims brought against the gov­ would come; in fad, he ceased ·individuals." ernment by private citizens and to think of it -a,t all. But then . report its findirigs of fact . and two years later, he received a call from an official in the opmwns to Congress, ·_ together with · drafts of bills administration asking if he (Futey) would be interested · reflecting its recommendations. The Court was required in ·serving · as Chair of the _Foreign Claims Settlement to investigate and decide claims founded upon "any law Commission; the position had become available when of Congress, br upon any upon any regulation of .an . its chair died. · · -Executive Department,-or upon any contract, express or "I was delighted," the Judge recalls. "I began telling implied~in-fact." In 1863 President Lincoln grantedthe him about the Commission and its work, that it is an court the right to enter final judgments and the right to · independent agericy of the U.S . .Government, that it,is appeal to the Supreme Court, except for Congressional part of the Executive Branch but lias quasi-judicial reference cases. The Court was renamed the United authority, that it·has tliree commissioners, that it adju­ States Court of

Spring 1999 31 He fulfills his teaching

of the Court: "It is as much the ambition these days by Conference of the United States duty of government to render inviting me to become involved prompt justice against itself, in participating in the in its democratization and rule­ favor of citizens, as it is to ABA's Central and of-law ' programs in Eastern administer the . same between Europe and the Soviet Union. private individuals." Futey is Eastern European law The program was sponsored by proud of the Court's role as a cit­ the Department of State and the izens' court providing redress for Initiative programs and American Bar Association. Two private individuals with griev­ hundred judges volunteered to ances against the government. by lecturing on the teach courses for Soviet prosecu­ The Court, he tells me, has a tors and judges in order to long standing reputation as a subjects probably . upgrade the quality of the judi­ fair and impartial forum. ciary. One group went over to · And the reputation seems dearest to his heart, the Soviet Union before the well deserved. In Judge Futey's coup; I was in the second group. court individual citizens, corpo­ democracy and the We went to Moscow to the rations, and other organizations Ministry of Justice in August come to challenge this country's rule of law. 1991, two weeks after the coup; ultimate authority-the United there was no more Soviet States government-alleging a breach of contract or an Union; the country was now Russia." inadequate tax refund or the taking of property without Since the breakup of the Soviet Union, Judge Futey just compensation or the awarding of a government has participated in judicial exchange programs, semi­ contract that was not properlybidded. An employee of nars, and workshops in Russia and Ukraine and been a the federal government or member of the military may cqnsultant to the working group on Ukraine's also bring suit in Futey's court alleging he or she has not Constitution and Ukrainian Parliament. · "The . been fairly compensated-; Indian tribes can bring suit in Constitution of Ukraine was adopted on June 28, 1996, the Court of Federal Claims protesting "historic my birthday!" he declares. Four decades had passed since wrongs," and an individual tribesmember or a tribe itself his family fled Ukraine. In his lifetime Ukraine had sur­ may bring before the court charges of any wrongdoing vived the Bolshevik revolution, Stalinist oppression, over which the court has jurisdiction. Others may Nazi atrocities, World War II, a succession of Kremlin charge the government with infringement of a copyright autocrats, and in 1986 the world's worst nuclear disaster or with unauthorized use of a patented invention. when an explosion blew apart a nuclear reactor at the According to Futey, the court's authority continues Chernobyl Powe~ Plant. Futey had now had a hand in to expand as Congress adds new jurisdictions. Thus, the creating his birthland's first constitutional democracy, in court was charged with adjudicating claims under the assuring for its citizens the same rights that he had Japanese Compensation Act that granted compensation upheld daily as a young lawyer and now as a Judge on to Japanese Americans or their descendants detained in the bench of the Court of Federal Claims. It is a life that World War II internment camps; in 1987 the court's had come full circle. authority was extended to hear claims, brought under Futey's work has not been confined to Ukraine and the National Vaccine Injury Compensation Act, of par­ Russia. He has been an advisor to the International ents whose children had been harmed or had died as a Foundation for Electoral Systems based in Washington, result of a vaccine. D.C. since 1993, an organization tl:lat works in 75 coun­ Judge Futey is well placed in a.court with such vast tries world-wide to promote the democratic election responsibilities, a national court .whose jurisdiction processs through technical assistance, legal reform, and widens with the historical and political currents of the voter education. As an undergraduate at Western Reserve times. For safeguarding the ~onstitution and the rule of University, he had dreamed of becoming a lawyer and a law must surely have profound resonance in the life of a teacher. He fulfills his teaching ambition these days by man whose understanding of tyranny is not theoretical participating in the ABA's Central and Eastern European but actual and immediate. How deep is his commitment Law Initiative programs and by lecturing on the subjects to the governing principles of his American home is - probably dearest to his heart, democracy and the rule of measured by his commitment to the democratization of law. Judge Futey has taught in Germany at the Ukrainian the country where he was born as well as to other coun­ Free University in Munich, where he has been given the tries of the former Soviet bloc struggling to carve a title of Full Professor, and at Passau University; and he democratic government out of the ruins of totalitarian­ has taught in Ukraine at Kyiv State University and Lviv ism. University. Finally, like all good academics, he is pub­ "In 1991 I received a letter from the Judicial lishing in university journals and the journals of learned

32 Law Notes societies, such as 'the University of Chicago's East youngest of four children born into the family of a European Constitutional Review; Columbia University's German immigrant and his first-generation Amertcan Parker Schooi Journal of East European Law; and the bride. After immigrating to · this country from a small Harriman Review. town in Germany, Ann's father had first found a room Today, he and his wife live in Annapolis, Maryland, in the home of a German-American family; then found an historic town on the Severn River near its mo\lth qn a job as an electrician; then found a wife among his Chesapeake Bay, site of the U.S. Naval Academy. landlord's daughters. The new family had three daugh~ Fortunately, it is a town that has not, like Buchach, his ters . and a son. All three girls-Agnes, Marge, · and birthplace, been "militarily contested." Yet during Ann-became nurses, and, somewhat later in life, Marge Revolutionary times three signers of the Declaration of became a Maryknoll nun. Independence, lived there; in 177 4 the town . protested Money was neither plentiful nor scarce in the the King's tax laws in its own version of the Boston Tea Kirchner household, so the part-time program at John Party, and in 1786 a meeting to discuss ways of improv­ Carroll was not disagreeable to the youngest daughter, ing navigation on the Potomac became a rallying point who needed . to work and divided her day-time hours in the movement toward the drafting of a new between work at St. 'vincent Charity Hospital and work Constitution. The town's history befits Judge Futey's as the only nurse _in the five-physician office of Dr. own, and it seems appropriate to find him settled there Pierce Mullally. "But John Carroll didn't have a nursing in t,his small cradle of independence. sciences degree," the ]lidge explains, for only in recent years have nurses been urged to complete a four-year The Honorable Ann Marie undergraduate program. Still, in the early 60s there were · a few :. colleges that did · offer - such a program, and Kirchner Dyke Kirchner began writing them. "St. Louis University Ohio Court of Appeals the Eighth District accepted me and gave me a full-tuition scholarship and Class of 1968 paid for my books and my lodging. There were -35 nurs­ es from around the country: chosen for the program. I n 1964 Ann Marie Kirchner, a graduate of St. Vincent was the only one from Ohio." Charity Hospital Nursing School and St. Louis Thus, by 1964, when she graduated from St. Louis, I University, decided that she wanted to become a she had earned the distinction of being one of a hand­ lawyer, one of the first lawyer-nurses in the area. Her ful of registered nurses with bachelor's degrees. ·introduction to Cleveland-Marshall was not promising: "I came back to Cleveland and was debating return- "I went to the- law school - ing to St. Louis to get a med­ office and was- told not to ical degree. But illness in our bother applying because family made itjmpossible for nurses weren't accepted into me to leave." Ann returned law school," the Judge tells _to Dr. Mullally's office. The me. Fortunately, Ann Doctor had great confidence Kirchner was not easily l.n his young nurse's intelli­ deterred, and she already gence and abilities, and it had considerable experiei1ce was he who first suggested making the world work for that she seek a law degree. As women. for the young nurse herself; After graduating from she saw a need that perhaps Notre Dame Academy, she others did not: "My desire had begun the three-year · was to combine nursing and registered nurse program at the law," Judge Dyke recalls: St. Vincent Charity Hospital "That was a whole new area, School of Nursing, graduat­ and I wanted to open it up." ing in 1957. "I graduated on Of course, in those days, a Sunday, and on Monday I nursing was almost exclu­ started at Johri Carroll. Not ·sively a woman's profession the day school: They didn't and law was almost exclu­ let women come to school sively a man's. So Ann during the day. We were Kirchner's idea bordered on only allowed to enroll in the the revolutionary and, part-time night program." except - for Dean Wilson Ann Kirchner was the Stapleton '34, might have fudge _Dyke

Spring 1999 33 "I graduated on a Sunday, and on ended up with other failed Dyke remembers it vividly: · dreams of the 1960s. Monday I started at "Overnight the sign on the out­ Fortunately, Ann Kirchner side of the· building reading was persistent in her dreams. John Carroll. Not the 'Cleveland-Marshall Law School "After I was told that I wasn't of Baldwin-Wallace College' dis­ eligible for law school, I went to day school: They didn't appeared and a new sign see Dean Stapleton ..He . accepted replaced it. Inside, someone me right away. There were only let·women come to removed the plate from the three women c in our class. We bronze bust of John Marshall were very · close. Nancy school during t~e day. that Baldwin-Wallace had given Schuster and Nancy Halliday the law school because no one Canary were the others." We were only allowed wanted the ~arne of Baldwin­ Though Cleveland-Marshall Wallace anywhere in the had been the first law school in to enroll in the part­ school." . the state to accept women, the Around the same time that Judge remembers there was time night program." Cleveland-Marshall was reclaim­ always grumbling that women ing its independence and its for­ didn't belong in law school. "Not from our classmates," mer name, Ann Kirchner was contemplating her own the Judge says. "From a few professors. Our classmates name change. A few years before she began her legal were great." One of the women attending law school at studies, a young labor arbitrator had come from New that time remembers turning in her exam to a professor York to Cleveland-Marshall to teach labor law. "Ted who asked her whether her husband was really going to Dyke was a charmer," recalls Nancy .Schuster. "I had his allow her to finish law school. class in Criminal Law. He was an extremely witty man, I(some of the .faculty were behind the times, some and all the students were crazy about him." of the administrators were not. For women studying law In August of 1967 Ted Qyke married Ann Kirchner, a at Cleveland-Marshall during that era, the Judge recalls, student he had never had in class. "Everyone loved Ted," there were two women administrators who were always the Judge tells me. !'They loved him during the time he advocating for the school's female students: Becky came into their lives and after. He was a terrific teacher, HO<~es and Alice Meek '37, widow of Dean David C. extremely bright. He was the mdst open-hearted person Meek. "They wanted us to succeed. We weren't allowed you. could ever hope to meet. He had never forgott~n into the men's fraternity. what it was like to be a stu­ Alice Meek and Becky Hodes dent, and he always had time urged us to join Kappa Beta for everybody. Pi, the law sorority, and so I 0 "That year," the Judge did. · It was another bond continues, "with all the hul~ among women students." labaloo about Baldwin­ Judge Dyke · attended Wallace, no one remembered Cleveland-Marshall during to find a place for graduation, an especially contentious and we ended up in Trinity peri~d in its history. In 1964 Cathedral. It was the hottest the law school had allied day .of the year. My class- . itself with Baldwin-Wallace mates were literally tearing College in Berea, but by 1967 off their gowns and running

the match, 0 which had out of the church." When the seemed at first so mutually · time came for the class secre­ advantageous, was breaking tary, Ann Dyke, to be handed apart, and both sides were her diploma, she received it publicly denouncing the from the hand of her new other, to the greedy satisfac­ husband. tion of t.l)e media. Almost After graduation, Dyke daily, newspaper · reports was in private practice and chroni.cled the charges and working for the Bureau of counter-charges of the two Workers' . Compensation. parties until- finally, both From 1972 until 1976 she schools' trustees agreed to fohn Theodore, Carla Marie, Lorian'ne Elizabeth with made another contribution dissolve the alliance. Judge parents Ann and Ted Dyke to the professional lives of

34 Law Notes "Ted designed some campaign literature women when she, Dorothy Judge Dyke remained on the Gamiere '74 and Ponna with schedules of_ Court of Cm;nmon Pleas for six Catliota '74 formed an all­ years. Then, in 1986, two seats women partnership. "I believe football and basketball were vacated on the Ohio Court we were the city's fii:st," the of Appeals, Eighth District. Two Judge says. By then her life was games on it and my influential men were adamant full: A year after her law scho9l that she should run for one of graduation, the Dykes' first name too," the Judge the vacancies: The Honorable child, Lorianne, was born; Alvin Krenzler of the -U.S. Lorianne Elizabeth was followed continues, "so if you District 'Court for the Northern by Carla Marie in 1971 and by . District of Ohio and Professor of John Theodore in 1972. wanted to tear off Law Ted Dyke. "David Matia ; ~f • By 1976 the partnership ran for one of the seats, and I had dissolved, and Dyke -was the schedul.es, you ran for the other-the one vacat­ working as a special counsel in ed by Judge Leo Jackson ('SO) the Ohio Attorney General's got my name too/' when he retired-apd I won." office when a ·vacancy occurred That June, Ted Dyke was diag­ on the bench of the Court of Common Pleas, Juvenile nosed with a brain tumor; by the November election, his Division. Dyke ran for the seat and lost that election. condition was critical af!d he was dying. "I won the elec­ Three years !ater, three vacancies opened on the tion on Tuesday, November 5. Ted woke up around 1:00 Common Pleas Court: one in Probate and the other two a.m. the next day and he was very alert. I told him I had - in the General Division. "Judge Marcus was a candidate won the election. He seemed at peace. He died at 7:30 in for one of the vacancies in the General Division, and the morning." - _ John Donnelly ('69) was a candidate for the vacancy in The Judge's commitment to Cleveland-Marshall the Probate Division. I ran against Alex Roman for the remains a strong one. She frequently accepts College of tl:).ird seat, and there was no doubt in anyone's mind that Law students as interns and comes to school to judge I would lose. Alex Roman was extremely well-known, he moot court competitions. · had been Mayor of Westlake, he was already on the Many of the social struggles of the 1960s were hard­ bench filling out George White's ('55) unexpired term. won battles -fought on the street corners of the urban Everyone-judges and lawyers-was sure -I could never north and the backroads of the rural south. The battle beat Alex Roman." Ann Dyke led and won was less fierce. When she per­ Everyone but Ann and Ted Dyke, that is. "My hus­ sisted in her desire to go to law school and succeeded, band was intent that I would win this race .. He didn't she was· or-e of the first lawyer-nurses in the country; care "-what anyone said. He had had experience in New when she_won her first election she became one of tbe York in the La Guardia contests, and he was very clever. first lawyer-nurse-judges in the country. She believes her Dorothy Gamiere was my campaign manager, and we background in nursing is a valuable component of her ran an outstanding campaign. I ,was -outside factories legal career and has retained her nursing license. She greeting workers every morning for weeks. ' Ted had devotes considerable effort to recruiting other nurses insights. His students came through for him, and we had intO law. "I've spoken at all the three-year nursing pro­ an army of student and former student volunteers. We grams in the area. I've taught at Cleveland State (in the passed out literature at bars, poolhalls, restau~ants, bowl­ Department _of Continuing Education), at Bowling ing alleys, and every Brovyns' game. I was up at S:OO a.m. Green, and Kent State. I tell every nurse that she or he and out tilll:OO a.m. We did things nQ one else had ever should go to law school. In fact,' I tell everyone they done in a judge's race." Such as buying time on the radio should go to law school, even if they never practice law. ·and t ~ v: and dispatching over 650 cars with signs on top Because it's a wonderful discipline." - that read 'Ann Dyke for Court of Common Pleas Judge.' Two of her most successful recruits are her daughter . ("Cars can go more· places than buses," the Judge Loriimne arid her son John. Lorianhe is a 1997 alumna explains.) "Ted designed some campaign literature with and John is a second-year law student at the College schedules of football and basketball games on it and my where their mother studied law and their father_taught name too," the Judge continues, "so if you wanted tb law. - - tear off the schedules, you got my name too." It The Judge has been successful in _other recruits as appeared that the woman who was so difficult to deter well'. In recent years the number of nurses seeking juris had met her match in a husband who could not be doctor degrees at Cleveland-Marshall has increased dra­ deterred either. And they won the race. Naturally. And matically. Now we know whom to thank: the Honorable Ann Dyke became the only woman then on the Ann Kirchner Dyke. Cuyahoga County Court of Common Pleas.

Spring 1999 35 The Honorable john J. Donnelly lege, he spoke with his father, Sylvester Donnelly, a suc­ cessful realtor. "My father only had.an eighth grade edu­ Cuyahoga County Court of Common Pleas, Probate Division Class of 1969 · cation, but he' had studied law for two years at Cleveland-Marshall. In fact, he had courses with Frank areers have been made and lost in the marble hall­ Lausche '21, who was teaching there at the 'time, and ways and paneled courtrooms of the magnificent through my father's real estate business, he knew Dean C old Cuyahoga County Courthouse. Ainong those (Wilson) Stapleton ('34). He introduced me to that have flourished is that of the Presiding Judge of the Stapleton." Cuyahoga County Common Pleas Court, Probate Donnelly studied law during the years when the law Division, the Honorable John J. Donnelly, Cleveland­ school forged its doomed alliance with Baldwin-Wallace Marshall Law School Class of 1969. College. "When I began, the school was Cleveland­ Judge Donnelly knows those halls and courtrooms Marshall Law School. Then it was Baldwin-Wallace. better than most; in fact, he knows them from the When I graduated, it had allied with Cleveland State and ground up: In high school and college, working in the had its final name change. I was told I could chose summer as a janitor in both the Court House and the which school my degree would come from. I chose County Commissioners' offices, he followed behind an Cleveland-Marshall College of Law." 80-year-old woman carrying a bucket, a scrub brush, and While the law school wrestled with fts identity, the wielding a mop: Though he was future Judge was assuming changes in his own personal the product of two durable Irish identity. In 1965 he married his clans:...his mother was a "It was always in the high school sweetheart, Ellen Gallagher-and though he had Spitzer, a graduate of Ursuline played varsity basketball at St. back of my mind: I College, and by the time he Edwards in Lakewood, "I could­ graduated, he was the father of n 't keep up with the . cleaning wanted to be a two: Michael, born in 1966, and lady," he says, and he knew his Colette·, born 11-and-a-half days in the mopping brigade lawyer." months later. "Irish twins," the were numbered. Fortunately, Judge explains. A third child, that summer job opened up Timothy, was born in 1970. broader opportunities: "I came While his night-time hours into contact with many lawyers were consumed with the study and judges and politicians I of law, day-time found him back admired and eventually I ended in the familiar corridors of the up being a driver for County Court House, clerking-propheti­ Commissioner Henry W. cally-for the Presiding Judge of Speeth," he recalls. . the Probate Court, the During . a time when it Honorable Frank Merrick '15. appeared the rule of law was "He hired me right after col­ being challenged on every street lege. It was great. The courts corner, John Donnelly was fortu­ closed at 4:00, and I spent the nate in his exemplars, and the time till law classes began study­ lives of those lawyers, judges, ing. Then I walked across the and public servants he admired street to the law school. I had registered significantly on the wonderful teachers, almost all young man majoring in account­ practicing attorneys. Charlie ing at Philadelphia's La Salle Auerbach taught civil proce­ College and thinking· about his dure, Tony Fiorette '29 taught future. And sometimes about a domestic law, Norman Miller, future in the law. the best in evidence. They gave "It was always in the back of me a great background." my mind: I wanted to be a Donnelly also remembers fondly lawyer," the Judge tells me, Professor Leroy Murad as "even when I was a kid growing "somewhat controversial but an up in Kamms Corner. Whenever excellent teacher." I played baseball, I was always_ During law school Donnelly very concerned with following had found a new friend in John E. Corrigan '68, now also a the rules." So, after finishing col- fudge Donnelly

36 Law Notes "Y'fhen I began, the Judge of the Cuyahoga County . By 1980 Donnelly had Common Pleas Court, Probate school was Cleveland­ served as Court Administrator ·Division. By 1969 Corrigan was Marshall Law School. for eight years. When Probate busy establishing a private prac­ Court Judge Joseph J. NatJ_r.a, tice, but he had political ambi­ Then it was Baldwin­ now an Ohio Court of Appeals tions as well. "John wanted to Judge, vacated his seat on the run for state senator," Judge Wallace. When I Probate bench, Donnelly threw Donnelly recalls. "I had a few his hat into the ring and was poli~ical ties. John asked me to graduated, it had allied handily elected. His last act as be his campaign manager, and I Court Administrator was to introduced him to Jim Carney." with Cleveland State supervise the installation of At that time Carney, a real estate the Court's first mainframe. developer, was a highly influen- -. and had its final name "Judge Talty and I began the tial figure in Democratic politics. process of bringing the Court The Judge continues, "John con­ change. I was told I out of the norse-and-buggy age vinced 'jim Carney that a to the state-of-the-art comput­ Democrat could win the Ohio could chose which er age," he says. Five computer Senate District that encom­ systems later, the Court is well passed part of Cuyahoga and school my degree on its way to being a paperless Lorain Counties." Apparently court. "The tradition of this Corrigan was too persuasive for -would come from. I Court is service, and soon all his own good. "Carney said, our records will be accessible 'Gee, my nephew should run for chose Cleveland­ over the Internet." this seat' and asked John to get Judge Donnelly has out of the race. Carney was pow- . -Marshall College been· the Court's Presiding­ erful; we were two· young Judge since 1991 when Judge lawyers just out of law school. I of Law." Talty retired. The Probate -thought Jo}J.n should back Court's jurisdiction is broad: In down, but he wouldn't. He stayed in and won the pri­ addition to the routine supervision of estates and trusts, mary against Carney's nephew, which was a great victo­ the Presiding Judge appoints all three Metro Park ry. But he lost in the general election by a mere 500 Commissioners, appoints two members to the Board of votes." Mental Retardation, and, with the sen-ior judge of the Nevertheless, Donnelly's campaign-managing had Court of Common Pleas, jointly appoints three members impressed Jim Carney, who subsequently offered to help of the MetroHealth Boatd. him obtain a job in the Office of the County Prosecutor. In general, however, the Court is no place for the By then Judge Merrick had retired as Presiding Judge of faint-hearted. For the work the Court undertakes is the the Probate Court; and Judge Francis Talty had succeed­ business of life's great dramas, occasions of joy and ~or­ ed him. Donnelly had now been working in the Court row, and few of the persons who appear before the House for over 10 years, and he had found a mentor in Judge's bench are dispassionate. Bitter family feuds are Judge Talty, one of the state's most respected jurists, the settled there; rancorous custody battles end there; heirs, man who, according to Judge Donnelly, "taught me how presumpthre or real, come to contest wills; parents come to be a Judge." So when Judge Talty offered him a job as to complete adoptions, and, sadly, families and others Court Administrator and Chief Trial Referee, Donnelly come to effect the involuntary commitment of the men­ did not pause long to accept. After all, by then the tally ill. Probate Court was his home away from home. . Though he says that the Probate Court is "second As Court Administrator, Donnelly had a substantial only to the Domestic Relations Court for contentious­ impact onhow the Court funCtioned. "This Court has ness," Judge Donnelly is proud of the efficiency and rep­ always had a reputation for good service and efficiency," -1 utation for fairness of his courtroom, an9 in these emo­ •I he says, "but l inherited a filing system that dated back tional settings, the Judge has proved a gifted jurist, to 1811. Every wiH, every inventory, every account had imperturbable, a voice of calm. "I have only four or five been maintained in antiquated circular files. First, ·we jury trials a year and only ten to 12 bench trials. We set­ converted all the documents to flat files; then, over the tle about 95 percent of the cases just by talking and rea­ next 15 years, we microfilmed them. We threw away soning with people." everything we were allowed to throw away, and it filled "Well, you have to understand," says fellow Probate a room the size of a courtroom. Even the archivists who Court Judge John Corrigan, "Donnelly comes from a came to inspect it decided it was too much to tackle." large and loving Irish family. He developed those skills

Spring 1999 3 7 "Donnelly comes from a large and lovin·g Irish just getting along with his broth­ settled 90 percent of the cases. ers, his sister, and all his cousins." family. He developep Ohio citizens reclaimed -all their Judge Donnelly's "loving principal and the state never lost a Irish family" includes Donnellys th~se skills just getting penny. I'm pretty proud of the and an array of Gallaghers from work I did there." his mother's side. There are his along with his broth­ The Judge has received many sister Elaine Pikus, a homemaker; awards over the years, all acknowl­ his brother Thomas, a manufac­ ers,· his sister, and all edging his gifts to the profession. turer's representative; his brother He has several times received the Dennis, Senior · Managing his cousins." Superior Judicial Service Award, Director for McDonald & Co. and in 1984 the Bar Association of Operations; and Jeffry, a Greater Cleveland gave him its Franciscan priest who works in Chicago's inner city. His Presidential Award. St. Edward's, where he is a Trustee, son Michael graduated from Cleveland-Marshall in named him Alumnus of the Year in 1994, and the 1991 and works for Davis & Young; his daughter Colette Cleveland-Marshall Law Alumni Association, where he is Bouie is a homemaker married to a dairy farmer and the also a Trustee, named him its Outstanding Alumnus in mother of the Judge ~ s namesake John Bouie; and 1986. Timothy lives in a group home for the mentally retard­ Judge Donnelly has been President of. the Ohio ed and works in a shop in the East Cleveland Probate Judges Association; Chairman of the Ohio Developmental Center. And not to forget the Judge's Judicial Conference; a member of the Ohio Supreme cousin, John W. Gallagher '70, Presiding Judge of the Court Visiting Judges Committee, and a member of the. Cuyahoga Juvenile Court. Cleveland-Marshall Visiting Committee. In short, this About the way Judge Donnelly does business, there very efficient arrd scrupulously impartial judge has is little doubt he does it well. "He's probably the most served the profession well, and one court, the Probate knowledgeable judge in Ohio on probate," says Judge Court, is better off for his 30-years of ser.vice. Corrigan. Others share Corrigan's conviction. Two Ohio · Outside, the structure of the County Court House, Supreme Court Chief Justices, for instance. completed in 1911, is unchanged, 'despite the bitter In 1986, Ohio Supreme Court Chief Justice Frank blasts of 88 winters hurling their icy force against the Celebrezze ,and later Ohio Sup.reme Court Chief Justice building's classical facade; inside, however, the Court of Thomas Moyer appointed Donnelly to preside over all John Donnelly is vastly different from the court that he the civil litigation involving the Home State Savings and inherited. In 1999 the Probate Court is poised for the Loan failures. Ju_dge DonneVy tried the cases of the per­ beginning of the 21st century. Y2K will not wreak havoc sorts and corporations accused of causing the banks' fail­ on several generations· of Cuyahoga County files, rul­ ure. The Judge explains that the banks were not federal­ ings, and records siored now on computer discs in the ly insured.· and the federal government had refused ,to . Prob.ate Court; because at the center of the Court is its intervene in Ohio as it later ·agreed to do in the western imperturbable Presiding Judge, the Honorable John]. and southern states. For over a ye,ar Judge Donnelly trav­ Donnelly who has anticipated every eventuality, evert eled to the Court of Claims in Columbus to review cases. · the coming of th~ millennium. He recalls a reporter questioning his experience. "I asked him, 'Who better than a Probate Judge who is used to Law Notes tha.nks CSU archivist William Becker for many dealing with millions of dollars?'" In fact, millions of of the photographs included in this article. dollars were at stake in the savings and lo.an crisis. "We

38 Law Notes DECADE-OLD TRIAL ADVOCACY COURSE FILLS THE CLASSROOM AND COURTROOM

or over a decade, Associate Dean Since Guttenberg first inaugurat­ Charles Lazzaro 1 74 Jack Guttenberg has been con­ ed the course in 1988, it has been Michele M. Lazzaro 181 ducting an inter-semester course unfailingly subscribed to by both stu­ Jeffrey Leiken F 1 in Trial Advocacy. The course has the dents and the men and women Alan Levine 78 winning feature of offering second returning to law school from their Robert Lucarelli 186 and third-year students an opportuni­ courtrooms and offices as teachers. Justin Madden ty to learn trial practice in a number The names of those volunteer Ellen McCarthy 189 of simulated settings before some of law professors appear below. They Honorable Nancy R. McDonnell 185 the city's finest lawyers and judges. have the gratitude of 70 aspiring Honorable Timothy J. McGinty 181 This January over 70 students and 90 attorneys in whose future they have Jean McQuillan attorneys and judges took part in the invested their own expertise. LFM Tim Miller 187 intensive two-week, eight-hours-a­ Howard Mishkind 180 day course. Honorable Ronald B. Adrine 173 Fred Nance Over the two weeks, each student William Arl]lstrong 192 Carmen Naso 178 works through two separate cases-a Ronald B. Bakeman Jack Newman criminal case the first week and a civil Roger Bamberger Jeffrey Nischwitz case the second week-assuming a Steven Bell David Paris 178 variety of roles in different phases of Linda Betzer Honorable Ralph J. Perk, Jr. 183 the trial experience. Unique to the Mary Bittence 182 Susan Reinker program is the opportunity for stu­ The Honorable Janet R. Burnside Mary Ann Rini 178 dents to view their performance J. Matthew Cain Gus Rini 170 through video feedback. Students are Hank Chamberlain 190 Charles Ruiz-Bueno 190 filmed in situations from pre-trial John Chapman Honorable Nancy M. Russo 182 through jury selection, opening state­ Stephen Charms 180 James Rydzel ments, evidence, and closing argu­ Benjamin Chinni Stuart A. Saferin 174 ments. Students have first crack at cri­ Tim Clements Joseph Schmitz tiquing their own performances; the Howard Coburn Jamie Serratt student's evaluation is followed by Honorable Daniel 0. Corrigan 163 Michael Sharon that of an attorney or judge-surely, Richard L. Demsey Bernard Smith 185 at least in the beginning, a nerve­ Robert A. Dixon 181 Patricia A. Snyder wracking experience. Carter Dodge 181 Steven Sozio 183 According to Guttenberg, the stu­ David Doughten Kevin Spellacy 189 dent's initial encounter with his or Bud Doyle 170 John Stanard her performance inevitably elicits Jerry Emoff 1 74 Margaret Stanard 181 groans and moans, but over the suc­ Honorable Nancy A. Fuerst 188 Chris Stickan ceeding days, as students acquire Lisa Gale Honorable Angela R. Stokes courtroom strategems and perfect William E. Gerstenslager Ralph Streza 182 their skills, so do their performances Daniel Gourash Robert Tobik improve and their confidence and John Hallbauer The Honorable Jose A. Villanueva pride increase. The course ends rather Mark Herrmann George von Mehren dramatically on the final Saturday of Honorable Larry A. Jones Thomas Wagner 185 the second week when students, pro­ Paul Kaufman Robert Walker 182 fessors, and the teaching attorneys Honorable Anne L. Kilbane 177 Richard B. Whitney and judges take over 12 courtrooms Betty Klaric 184 Gary Williams 184 in the Justice Center, and the student Jack Kluznik litigators in groups of six represent John R. Kosko 181 their clients in a three-party suit that David Kovach 178 is tried before a sitting Common Pleas Alan Kraus 181 or Municipal Court Judge. Dennis R. Lansdowne 181

Spring 1999 3 9 he Cleveland-Marshall College of Law and the Law Alumni TAssociation hosted an array of receptions throughout the United States, including Chicago, Columbus, Washington, AD D.C., Los Angeles, Tampa, and Ft. Myers. We are grateful to the following alumni who served as hosts: Gary A. Hengstler '83, Chicago AIN! Michael O'Grady '80 and Robert T. Bennett '67, Columbus James A. Thomas '63, Los Angeles Michael '81 and Lynn Arko Kelley '80, Tampa Patrick J. Moran '60, Ft. Myers Chicago

Gary Hengstler, Mary McKenna, Sonia Winner Ft. Myers

Michael O'Grady, Dean Steinglass, f. Celebrezze, Jr. 40 Tampa

Washington, D.C

Han. Bohdan Futey, Han. Loren Smith, Everett Bellamy, Prof. Linda Ammons Dean Steinglass, Han. Francis A llegra l I YOU KNOW ... Professor linda Ammons's photographs are featured in "Food For Thought," a photography show at the art gal­ Ed Haury, Bill Bransford leries of Bryn Mawr College.

Spring 1999 4 1 A TRIBUTE TO GEORGE J. DU.NN: THE LAW SCHOOL AND THE COMMUNITY THANK A GOOD FRIEND

ince the earliest days of its founding, the law school years from 1974 until1998. Ten of those years, 1988-1998, has been dependent on the commitment not only were years he also dedicated to serving Cleveland­ of its alumni but also of prominent community Marshall as the Chair of its Visiting Committee. When he Sleaders, leaders like Cleveland Mayor and United accepted the chairmanship of the Committee from Dean States Secretary of War Newton D. Baker and Arthur A. Steven R. Smith, he succeeded another Sohio Executive, Benesch, founder of the law firm of Benesch, Friedlander, Charles Spahr, who had chaired the Committee for a Coplan & Aronoff, who befriended Cleveland-Marshall's number of years. predecessor schools and helped define their mission and The decade of George Dunn's service to the law secure their futures. Today, the Cleveland-Marshall school was a time of momentous change both in the pro­ Visiting Committee represents just such an alliance of fession and in legal education as the teaching and practice influential alumni and friends working to achieve the of law became increasingly reliant on electronic technolo­ College's most ambitious goals. gy and as greater emphasis was placed on skills-training. In December the law school, its alumni, and friends The law school was fortunate to have Dunn, a graduate of celebrated the contributions of one of Cleveland­ the Harvard Law School, at the helm of its Visiting Marshall's most durable and far-seeing Visiting Committee during these critical years of reforms in legal Committee members, George J. Dunn. education and practice. As the 80s turned into the 90s, he George ]. Dunn was Vice President and General and other members of the Committee helped the law Counsel, first for Sohio and then for BP America for 24 school prepare to become the law school the coming cen- tury demands. Under his leader­ ship, members involved them­ selves in such important law school initiatives as placement, development, and strategic plan­ ning. In Dunn's early years on the Committee, the University was seeking support for its 17th/18th Street Block Project, including the law school's magnificent new Law Library. As the Project's advocate, Dunn, along with Michael L. Climaco '72 and other members of the Visiting Committee and the Law Alumni Association, con­ vincingly represented the University and the law school's mission to the community and

Michael Climaco, Han. Daniel Polster, George Dunn

42 Law Notes Steven H. Steinglass noted the Chair's many contributions not only to the law school as Visiting Com-mittee Chair but to the community as "Dean" of the Cleveland Area General Counsel, an informal group of area corporate counselors that Dunn headed for many years. CSU President Claire Van Ummersen was also present and thanked Mr. Dunn for his years of ser­ Leonard Young, George Dunn, Dean Steinglass vice to the College of Joan Shirokey, Priscilla Jackson Law and the University. the state. And, when the state The new Chair of the Cleveland- approved monies for the Project, he Marshall Visiting Com-mittee, Hemann '80, U. S. Magistrate Judge, was present at the topping off cere­ Leonard D. Young '74, General U. S. District Court, Northern District mony and the opening of the Law Counsel and Assistant Secretary of of Ohio; Kathleen Keogh '84, Calfee Library. Ferro Corporation, spoke affection­ Halter & Griswold; the Honorable Those were joyous occasions. ately of his "friend and role model." Patricia A. Kleri '76, South Euclid Others were less so. But for the law Praising George Dunn as a "seasoned Municipal Court; Alan S. Kopit, school there was no problem larger professional," Mr. Young continued, Hahn Loeser & Parks; Dennis R. than the talents and resources of the "In our corporate counsel group, Lansdowne '81, Spangenberg, Chair of the Visiting Committee. there was always only one leader: Shibley, & Liber; the Honorable In 1998 George Dunn retired George Dunn." Young recounted James J. McMonagle '69, Vice from BP and from the Visiting their two-decade-and-a-half associa­ President and General Counsel, Committee. It was appropriate, there­ tion, from the first days of his career University Hospitals; Howard J. C. fore, that the law school commemo­ until the present, concluding that Nichols, Squire, Sanders & Dempsey; rate his years of service to the faculty just as "George has led me in the past, Robert H. Rawson, Jr., Partner in and students of Cleveland-Marshall. I intend to follow him as a role model Charge, Jones Day Reavis & Pogue; Over SO corporate legal counsel into the future as I look toward my and Alfonso Sanchez '68, The attended the December reception in own retirement. And," he added, Sanchez Group. LFM his honor. "that includes fine wine and good In marking Mr. Dunn's ten-year cigars." tenure at the College of Law, Dean Other members of the 1998-99 Cleveland-Marshall Visiting Com­ mittee include: Keith A. Ashmus, Thompson, Hine & Flory; the Honorable Ronald B. Adrine '73, Cleveland Municipal Court; City of Shaker Heights Law Director Sheryl King Benford '79; Charles A. Bittenbender '80, Vice President, General Counsel, & Secretary, NACCO Industries; the Honorable John J. Donnelly '69, Cuyahoga County Probate Court; Jose Feliciano '75, Baker & Hostetler; the Honorable Carolyn B. Friedland '78, Cuyahoga County Court of Common Pleas; Allan Goldner ' 73, Executive Partner, Han . Patricia Hemann, Benesch Friedlander Coplan & Tom Scanlon, Leon Plevin Han. Patricia A. Kleri Aronoff; the Honorable Patricia A.

Spring 1999 43 wenty-two years ago, U.S. District Court Chief]udge teaching civil rights. Frank Battisti issued the historic Cleveland school In September he delivered the law school's 1998 T desegregation order, a remedial order intended to Visiting Jurist Lecture, his own personal "Reflections on end segregation in the Cleveland Public Schools. The School Desegregation: the Cleveland Experience" to a Judge's action grew out of a suit brought a year earlier by packed Moot Court Room. In his address he reminded his the NAACP charging the Cleveland Board of Education audience that the struggle for racial equality "had its roots with de jure and de facto segregation. in the founding of the country and that the struggle con­ Nathaniel R. Jones, now Senior Judge of the United tinues today and has implications for the future of the States Court of Appeals for the Sixth Circuit, was at that city." Tracing the history of segregation in Ohio's schools, time the NAACP's National General Counsel; as such he he cautioned critics of busing and other desegregation directed the national response to efforts to dismantle affir­ efforts to remember the "evidence of 57 years" during mative action, led an inquiry into racial discrimination in which the NAACP and Judge Battisti found that segrega­ the military, supervised the NAACP's defense in the tion in Cleveland schools had been "intentionally creat­ Mississippi Boycott case, and coordinated the attack ed, fostered, and maintained" in violation of the 14th against northern school desegregation. In Cleveland, dur­ Amendment. He recalled a pattern of racial bias in policies ing the contentious years when the city was coming to assigning black teachers to predominantly black schools, terms with its own failings in educating its school chil­ of overcrowding inner city schoolrooms, and of other dren equitably, Judge Jones was a major force in reforming infringements of the rights of black youngsters to a decent the school system's discriminatory practices. education. Judge Jones spent the first semester of the 1998-99 Judge Jones also described the "great blessing" of hav­ school year at Cleveland-Marshall as a Visiting Professor ing known and worked alongside Thurgood Marshall to

44 Law Notes students, some of whom, though not born when the Warren Court issued its decision in Brown v. Board of Education, were among the first Cleveland school children to be bused to formerly all-white schools. At a reception following Judge Jones's remarks, many of the men and women who were active with him in the desegregation efforts greeted the Judge with affection and gratitude. Both as the NAACP General Counsel from 1969 to 1979 and as a U.S. Circuit Court Judge since 1979, Judge Jones has been an historic fig­ ure in our nation's racial struggles, and he remains today a leader in the civil rights struggles of several emerg­ ing African democracies. It was an honor to have him at Cleveland­ Marshall. LFM Han. Ronald Adrine, Dean Steinglass, fames Hardiman, fudge [ones

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Spring 1999 45 Sculptor Jim Sanborn surveys his work Art for Law's Sake art of the distinction of the new Cleveland­ the second floor rotunda and, in bright sunlight, cast a Marshall Law Library is a late-1990's massiveness reflected image on the library's main floor. and capturing of air and light that distinguish it The sculpture includes excerpts from the Chinese from the narrowness and tight enclos.ures of Code of T'ang (600), the Magna Carta (1240), the Iroquois buildings erected 20 and 30 years ago. Thus the Nations' Book of the Great Law (1450), Marbury v. Madison Plibrary with its openness and its vast collection of the law (1802), Plessy v. Ferguson (1872), and Thurman v. State of of many lands invites and inspires study and reflection, Georgia (1972). and its "message" is that the law is an accessible-to-all com­ Called by the Washington Post, "Washington's premier modity, our inheritance from past and present civilizations. sculptor," Sanborn, a graduate of Randolph-Macon College That message has been made more tangible in a series and the Pratt Institute, has created installations world­ of bronze plates and ceramic tiles recently installed in the wide. Among his work in this country are a granite, quartz, library's rotunda and reading area. Both works were fund­ lodestone, copper sculpture at the CIA headquarters in ed by a grant from the Ohio General Assembly's Percent for Langley, Virginia, "Kryptos" (1990); and a granite wave and Art program, which allots one-percent of the cost of pub­ wave generator sculpture, "Coastline," for the headquarters licly-funded buildings for the support of artworks. The of the National Oceanic and Atmospheric Administration grants are administered by the Ohio Arts' Council. in Silver Spring, Maryland. His work has been featured and Washington, D.C., artist and sculptor Jim Sanborn has acquired by Washington's prestigious Hirshhorn Museum, created a visual history of the written law in 14 bronze and he has exhibited at the Corcoran Gallery and the manuscript plates tracing the emergence of a system of jus­ Phillips Collection. tice in many cultures, beginning with the sixth century Archaeological and geological references are trade­ B.C. laws of Solon and ending with Supreme Court deci­ marks of his work, and, in the case of the Cleveland­ sions from the 19th and 20th centuries. The plates encircle Marshall plates, a reverence for the development of

46 Law Notes enlightened thought. Naturalism of Four Emerging Women Ceramicists" at Cleveland ceramicist Angelica Pozo has created a large Chicago's Lill Street Gallery; in "Form from Fragment: Four collage of ceramic tiles, each imprinted with various Contemporary Tilemakers" at the San Antonio Craft excerpts from 40 federal statutes; they are installed on Center, in San Antonio, Texas, and in many other exhibits three large panels one 18-feet wide and two 12-feet wide elsewhere in the country. Pozo is the recipient of several on the southeast wall of the Law Library's reading room. public art commissions, including these erected locally: The tiles, each eight inches square, spell out the word LAW "Cleveland: Air Laboratory of the World" at the Greater in giant letters through a design of contrasting shades of Cleveland Regional Transit Authority's rapid transit station dark and lighter colored tiles. The concept behind her at Cleveland Hopkins Airport; and "Marketplace/Meeting­ design, according to Pozo, is reflective of the difficulty of place: an Urban Memorial" in Cleveland's downtown ball­ interpreting the law accurately: "I decided I wanted this park and arena sports complex. In 1997 she completed piece to represent how law is often a matter of interpreta­ "The Rhythm of the Rainbow" for the new wing of tion of facts and precedents and can't always be based on University Hospitals' Rainbow Babies and Children's clear-cut black or white issues." Hospital. Her awards include: a Visual Arts Fellowship from When Pozo decided on federal statutes as her text, the the National Endowment for the Arts Regional Arts Library's reference staff, especially Laura Ray, compiled a Midwest and the Robert Mann Award for Ceramics at the list of significant statutes. Among those the artist chose to May Show in Cleveland. excerpt were the Homestead Act of 1862; the Securities According to Dean Steven H. Steinglass, "Sanborn's Exchange Act of 1934; the National Labor Relations Act of bronze manuscript plates record special moments in the 1935; the Civil Rights Act of 1964; the Voting Rights Act of world history of written law, while Angelica Pozo's ceram­ 1965; the National Environmental Policy Act of 1969; and ic tiles capture portions of the statutory history of the Americans with Disabilities Act of 1990. American law-making. We are very pleased for our students Pozo, the daughter of Cuban and Puerto Rican par­ to be surrounded by these inspiring reminders of our past ents, holds a Bachelor of Fine Arts degree from SUNY history and our present responsibility to preserve a system College of Ceramics in Alfred, New York, and a Master of of justice based on the rule of law." Fine Arts from the University of Michigan. She has exhib­ Law Library Director Michael J. Slinger echoes Dean ited her work in this country and in Asia. Her work was fea­ Steinglass: "The law is the foundation of any society. It tured in the 1998 International Ceramic Public Art affects all people by providing order to our world and direc­ Exhibition at Tapei County Cultural Center in Taiwan; in tion in how we live our lives. It is appropriate that our stu­ the "Ceramica Puertorriquena Hoy/Today" at the Clay dents be inspired by the majesty of the law, as represented Studio in Philadelphia; in "Unaffected: the New in these works of art." LFM

Angela Pozo completes ceramic mural

Spring 1999 47 COMMUNITY REMEMBERS JUDGE CHARLES W. FLEMING

hen Cleveland Municipal Court Presiding Judge, the Honorable Charles W. Fleming, died in W 1994, his widow, Norma Fleming, his children Charles Fleming, Patrice Squirewell, and Carlos Fleming, and a number of his friends created a scholarship fund in Judge Fleming's memory at the law school from which he graduated in 1955, Cleveland-Marshall College of Law. Every year since then, the family, together with the Judge Fleming Scholarship Committee, has held a benefit to raise additional monies for the endowment. This year's event, a clambake at the law school, attracted attorneys, community leaders, and family and friends of the late Judge. Special guests included two recent Fleming schol­ arship recipients Dennis Roberts '98 and Kelly McCargh; the Honorable Stephanie Tubbs ]ones; Cuyahoga County Commissioner Jimmy Dimora; the Honorable Jean Murrell Capers '45; and Brooklyn Mayor and Mrs. John Coyne. LFM Norma Fleming and H an. Jean M. Capers

Caesar Burkes, Commissioner Jimmy Dimora, Stanley Tolliver

Carlos Fleming, Dennis Roberts, Kelly McHargh, Norma Fleming, Dean Steinglass, Charles Fleming

48 Law Notes CONSTITUTIONAL LAW SCHOLAR PROFESSOR SUZANNA SHERRY DELIVERS SIXTY-SEVENTH CLEVELAND-MARSHALL LECTURE

judicial restraint by "constrain(ing) judges to minimize their own discre­ tion to impose their own views in place of views of the popularly elect­ ed branches." Sherry does not believe so. In addition to being a provoca­ tive lecturer, Professor Sherry is a pro­ lific author whose publications include: BEYOND ALL REASON: THE RAD­ ICAL ASSAULT ON TRUTH IN AMERICAN LAW with Daniel Farber (Oxford University Press 1997) and numerous articles in scholarly journals, includ­ ing "Justice O'Connor's Dilemma: the Baseline Question in 39 William and Mary Law Review 865 (1998); "The Sleep of Reason" in 84 Georgetown Law Journal 453 (1996); "Responsible Republicanism: Edu­ cating for Citizenship" in 62 University of Chicago Law Review 131 (1995), and others. She has also co­ authored two text books on the fed­ eral courts and published widely in leveland-Marshall Professor of Madison's notes are unreliable and the popular press. Law David Goshien has his recorded speeches heavily edited. Cbeen introducing Cleveland We do not know how influential the Marshall Fund Visiting Scholars for essays of the Federalists and anti­ over a quarter of a century, that is, Federalists were or since the very beginning of the series. whether the notes we By bringing Suzanna Sherry, the have on the ratifying University of Minnesota's Earl R. debates are trustwor­ Larson Professor of Civil Rights and thy. In short, "the his­ Civil Liberties, to the law school, he torical evidence is brought one of the country's fore­ hopelessly ambigu­ most constitutional law scholars to ous." More-over, Pro­ discuss the Constitution's "Original fessor Sherry ques­ Mistakes" during a time when tioned whether know­ Congressional leaders, ordinary citi­ ing the minds of "the zens, and talking heads were attempt­ 55 men who met in ing to determine the Founders' intent secret in Philadelphia in declaring "high crimes and misde­ to write the Constitu­ meanors" just cause for impeaching a tion" would facilitate President. Sherry challenged the notion that the original intent of the Constitution's framers is readily dis­ Professors David coverable. According to Sherry, James Goshien, Suzanna Sherry

Spring 1999 49 Co ntact lenses, air conditioning. CD players, STUDENTS MEET WITH RALPH Dishwashers ... and Sputnik. NADER Cellular phones.

The Super Bowl.

The Internet. Ballpoint pens.

Artificial hearts. Power steering. Jet airplanes.

Dustbusters. Toothpaste with fluoride. n a visit organized by Professor I Patricia McCoy, 30 Cleveland­ Marshall law students had the rare opportunity to meet with consumer And microwaveable macaroni activist Ralph Nader in November. Nader was at Cleveland-Marshall as the keynote speaker at a sympo­ and cheese. sium entitled "Community Reinvest­ ment Partnerships for the New Millenium" presented by the Countywide Financial Institutions Advisory Committee. He told sympo­ sium organizers that he would deliver What's the connection? They're all inventions the luncheon address only if he could since 1950. The fact is, if you're 60 or 70 or 80, meet with a small group of law stu­ dents. you've lived more adventures, been part of more Nader spent an hour with the law students discussing public interest change, than any generation the planet has ever law, the importance of participating known. So, what's next? What's not! in community service, and the oblig­ ation of pro bono legal work. He said that much of his career has been ded­ icated to "law students who pursue justice as their highest calling." Just a few thoughts on life - AT and living the one you choose. Life Members from page 20 Parliamentary and Presidential elec­ HOME tions in 1994, conducting briefings From Judson Retirement Community and the 500 on Ukraine's Election Law and AT guidelines for international observers. very individual residents Judge Futey and his wife, Myra, JUDSON live in Washington, D.C. and are the who are at home at Judson. parents of three children, Andrew, Lidia, and Daria, an associate with the Cleveland law firm of Climaco, Lefkowitz, Peca, Wilcox & Garofoli, Judson Retirement Community • 2181 Ambleside Drive Co., LPA. Cleveland, Ohio 44106 • (216) 721 -1234

50 Law Notes CJhe CQeveQa"d-u'UaftghaQQ ~aw c..AQum"i c..Aggociatio" coftdiaQQy i"viteg you to atte"d itg

honotting cAQumni Ob the gjeatt ffionowbQe c.A:nthony ©. CaQabttese, Jtt. '61 and Commissionett Vim uUcCottmac~ '72 CCfttiday, v'Uay 21, 1999 11:go a.m. CReMissat~ce CQeveQat~d ffioteQ vhe Qttat~d C9aQQ/toom 24 cpubQie gquatte CQeveQat~d, ©h1o Cash C9att CReceptiot~ ;;£ut~cheot~: [J!go.oo pett pettsot~ CCfttedettic~ Jf. CW1det1 '21 cpttesidet~t, CQeveQat~dvUattshaQQ ;;£aw u'l:Qumt~i u'l:ssociatlot~ ffiowattd CD. v'Uish~it~d '20 ;;£ut~cheot~ Chaittmat~ gtevet~ ffi. gteit~gQass CDeat~, CQeveQat~dvUattshaQQ CoQQege Db ;;£aw

vhe CQeveQandv'UaltshaQQ ;;l:aw L.MuiMt\[ Jl:ssociation Jl:nnuaQ CRecognWon ;;l:uncheon ezf1t1day, vUay 21, 1999 2ncQosed 1s IMY chec~ payabQe to CQeveQandv'Ua!tshaQQ ;;l:aw J\:QuiMnt J\:ssoc1ation 1n the a1111ount Ob ~---bOlt tabQe(s) Ob 10 at ~goo.oo pelt tabQe olt 1tese1tvations at ~go.oo pelt peltson. u\Ja1111e cphone ------ezftltiM ______gu1te ------J\:dd!tess ------gtlteet Ctty gtate ~1p Code cpQease p1tepay !tese!tvations by vUay 14, 1999, to the CQeveQandv'UaltshaQQ ;;l:aw J\:QuiMnt J\:ssoc1ation, 180 1 2ucQ1d J\:venue, CQeveQand, ©h1o 44115, olt ba)( !tese!tvation at (216) 687-6881. ezfolt bu1tthe1t tllbOitiMation, caQQ (216) 687-2g68. Cleveland-Marshall Law Alumni Association Annual Meeting* Thursday, June 17, 1999 5:00p.m. Cleveland-Marshall College of law Moot Court Room

*The Law Alumni Association has applied to the Ohio Supreme Court for permission to grant one free cred­ It of Continuing Legal Education In Professionalism.

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52 Law No tes 1941 Section. Mr. Weiler is a Florida board David T. Reed has joined the law certified tax lawyer, as well as an firm of Seeley, Savidge & Ebert Co., Lucille Geraci Abbott received the Ohio CPA. L.P.A. where he has established a 1999 CitiSun of the year honor from new division within the corporate the Sun Messenger for the central role law department providing services she played in the creation of the 1971 for the insurance industry, including Lyndhurst Community Center. M. Lee Graft, formerly a Vice regulatory procedures and compli­ President and General Counsel ance for insurers, agents, and health Paul]. Hribar has been appointed to with Ameritech, announces the care providers. his fourth consecutive Euclid Charter opening of his law ofice at Review commission by Mayor Paul South Chagrin Building, 7181 Oyaski. Chagrin Road in Chagrin Falls. 1975 Steven S. Davis was named a 1955 Wm. Harvey Wiest was elected one Volunteer of the Month by the of two Judges of the Court of Cleveland Bar Association. Over 600 people attended a Gala Common Pleas of Northumberlans Salute honoring CMLAA Life County, Pennsylvania. Judge Wiest Eliza Jennings Group CEO and Member Chief Judge George W. and his wife lost two of their six CMLAA Life Member Deborah Lewis White, who retired in February. The children in a tragic cabin fire in Hiller was featured in a front page event was hosted by the Federal Bar Centre County, Pennsylvania last article in Crain's Cleveland Business. Association of the Northern District year. Eliza Jennings has joined with a of Ohio. developer on plans to construct a $7 Hon. Terrence O'Donnell has been million assisted-living facility in 1960 appointed by the Ohio Supreme Westlake. CMLAA Life Member Don C. Iler Court to serve on the Commission was recognized as one of the Top 10 on Professionalism. CMLAA Life Member Richard S. Lawyers of the Year by Ohio Lawyers Koblentz is the President of the Weekly. 1973 Cleveland Baseball Federation, which provides funding for the children of 1963 Andrew D. Berner has joined Seeley, the City of Cleveland to play base­ Savidge & Ebert Co., L.P.A., where he ball free of charge. Thomas J. Scanlon, partner in the will concentrate on litigation, Cleveland law firm of Donahue & domestic relations, and school law. Jack E. Merryman is the Senior Vice Scanlon, has been appointed by the Mr. Berner is Vice President of the President, General Counsel, and Rocky River Board of Education. Ohio Supreme Court to the Board of Secretary of Goss Graphic Systems, Bar Examiners for the five-year term Inc., in Westmont, Illinois. commencing January 1, 1999. Anthony J. Celebrezze, Jr. was inducted into the Ohio Veterans Hall Alan Ross has joined Arter & 1969 of Fame. Mr. Celebrezze is a partner Hadden as a partner practicing intel­ with Dinsmore & Shohl in Robert Stern is the founder and lectual property, patent, copyright Columbus, where he focuses his law and trademark law. President of Short Sizes, practice on environmental, adminis­ Inc., a retail clothing store catering trative and regulatory law, and busi­ to short men. ness and litigation. 1976 Sheldon Stein was recognized as a 1970 Former Cuyahoga County Common Volunteer of the Month by the Don Michel is one of the founders Pleas judge Patrick Kelly has joined Cleveland Bar Association. of the Jamie Farr Kroger Classic the professional and product liability LPGA Tournament in Toledo, Ohio, group at Arter & Hadden. 1977 which distributed $3 70,500 to local R. Michael O'Neal has joined charities in 1998. A former owner of 1974 Mazanec, Raskin & Ryder Co. LPA in McDonald's franchises, Mr. Michel Larry J. Pitorak, Senior Vice Solon, Ohio, where he will head the and his wife, Venice, are planning a President of Finance, Treasurer and newly formed business practices move to Florida. Chief Financial Officer of Sherwin­ group. Williams Co., has been appointed to Jeffry Weiler has been appointed to the Board of Fifth Third Bank of 1978 the Board of Governors of the Ohio Northeastern Ohio. State Bar Association's Estate Marilyn Cover, adjunct professor of Planning, Trust and Probate Law law at Northwestern School of Law

Spring 1999 53 Alumni Happenings , ·l:. , of Lewis & Clark College in Portland, 1981 1983 Oregon, received the American Bar Francis M. Allegra was appointed , Paul Brickner, Administrative Judge Association's 1998 Isidore Starr judge of the United States Court of at the Social Security Administration, Award. Federal Claims in Washington, D.C. has published two entries in the Oxford University Press's 1999 Janet Kronenberg was selected as a Michele Silva Arredondo was elect­ AMERICAN NATIONAL BIOGRAPHY (for­ Volunteer of the Month by the ed a Trustee of Lorain County merly DICTIONARY OF AMERICAN Cleveland Bar Association. Community College. BIOGRAPHY) . His entries describe the life and contributions to the law of Peter Miller has been named two attorneys: New York admiralty General Counsel of Dairy Mart 1982 law attorney and social and political Convenience Stores, Inc. Loretta Armbruster Carson was reformer Charles Culp Burlingham appointed to serve as magistrate of (1858-1959) and Cleveland attorney, 1979 the domestic fEllations division of the judge, and suffragist Mary Hancock County Common Pleas CMLAA Life Member Janet E. Grossman, a 1912 alumna of the Burney is the first black female Court. Cleveland Law School (1879-1977), elected to the Juvenile Court in the first woman ever elected to the Jeffrey Kuhn is the Vice President Cuyahoga County. municipal court in America. and General Counsel for ProMedica Paul N. Edwards has joined the firm Health System. of McDonald, Hopkins, Burke & Irene Holyk and Lou Rennillo Eugene B. Meador has joined the Haber as a shareholder in the busi­ announce the February birth of their law firm of Buckley King & Bluso. ness departmen~. second son, Jack, who joins big brother, Max, 5. Governor George Voinovich has CMLAA Life Member Sheryl King Benford moderated a discussion on appointed Kevin C. Smith to the "The Nuts and Bolts of Local bench of the Findlay, Ohio Municipal Court. Government Practice" at the 63rd Annual Conference of the International Municipal Lawyers Association in Miami Beach in November. Charles E. Natkins was reelected YOU KNOW ... Second Vice President of the Northeastern Ohio Chapter of the International Credit Association. The Cleveland Bar Association's Education Initiative, co­ chaired by Pro Bono Program Director Pamela Daiker­ 1980 Middaugh '88 and Cleveland Municipal Court judge Kathleen S. Grady has joined the Robert Triozzi, has received the American Bar estate planning, business succession Association/West Publishing Partnership Award, and taxation group at Seeley, Savidge given to legal education programs that work in partner­ & Ebert Co., L. P. A., expanding both ship with community organizations. The Educational its economic taxation models and Initiative sponsored three law-related projects in the the scope of tax planning for busi­ Cleveland and East Cleveland Public Schools. Law stu­ nesses, individuals and foundations. dents from Cleveland-Marshall and Case Western Reserve University together with local attorneys volun­ Timothy X. McGrail has joined the teered in the Educational Initiative by teaching practical law firm of Buckley King & Bluso. law in the law school's Street Law Program, by coach­ Former Summit County Prosecutor ing in the City of Cleveland Mock Trial Competition, Maureen O'Connor was elected Lt. and by tutoring for the .citizenship portion of the Ohio Governor of the State of Ohio in High School Proficiency Program. November. Ms. O'Connor will be the keynote speaker for the 1999 College of Law Commencement on May 22 at the Convocation Center. YOU DO NOW!

54 Law Notes ,, O>~'Ji"'':'iii N " Alumni Ha en in s

Daniel Kalk received the 1986 Distinguished Law Enforcement 1988 Service Award from the Ohio Jerry Brodsky was selected by the Karen A. Khan has been named a Attorney General's Office. Aurora Board of Education as the dis­ partner in the Jackson, Lewis, trict's superintendent. Schnitzler & Krupman law firm. Russell J. Meraglio, Jr. was appointed to the Board of Trustees of the Lake Cathryn Halas Ensign has joined Margaret M. Koesel has been elected County Board of Mental Retardation the law firm of Brouse & McDowell, a partner at Porter, Wright, Morris & and Development Disabilities. L.P.A. as an associate in their Arthur. Cleveland office. Ms. Ensign will concentrate her practice on worker's John D. Moran has been promoted The Ohio Turnpike Commission to Vice President and General compensation, labor, employment passed a resolution promoting Gino Counsel of Corrpro. litigation, and bankruptcy. Zomparelli to Executive Director for a five-year term beginning August 1. Michael Pokorny was chosen to Edward Kraus was featured in the Solon Herald Sun as a leader in the serve on the Parma Heights City 1989 Jewish community. Council. Jennifer H. Gorman has joined State Charles G. Pona was named one of Industrial Products Corporation as a Dolores Zachary has joined the senior attorney where she will act as in Shaker Heights realty office of Crain's Cleveland Business' 40 under 40, an annual section house counsel handling litigation and Hackett & Arnold ,Inc. which profiles 40 individuals under general corporate matters. the age of 40 who have made marks 1984 for themselves in northeast Ohio Bradley L. Greene has joined business and civic circles. Friedman & Gilbert as an associate John X. Garred has joined Arter & where he will focus on criminal Hadden as a partner in the firm's defense, personal injury and civil intellectual property practice. rights. Cuyahoga Common Pleas Court 1990 Judge Peggy Foley Jones received the 1998 Women of Achievement CMLAA Trustee Henry W. (Hank) Award from the Cuyahoga County Chamberlain has been named a Women's Political Caucus. partner at Weisman, Goldberg & Weisman where he concentrates his Joanne E. Hindel was named Vice trial practice on medical malpractice President of FirstMerit Bank's person­ and personal injury litigation. al trust department. Randy S. Rinicella JosephS. Doran has been named Chief of the Mentor-on-the-Lake CMLAA Life Member Elizabeth Randy D. Rinicella has become a Monihan was named a partner at Police Department. partner at Reminger & Reminger Co., Spieth, Bell, McCurdy & Newell. Ms. L.P.A., where he focuses his practice Monihan practices estate planning on commercial litigation and com­ law. mercial transactions.

David W. Neel and his wife, William J. Shelton has been named Charlotte, are the proud parents of a principal at Medimetrix, a Louisa Ceylon, born in October. Cleveland management consulting Louisa joins big sister, Madeline, age and marketing firm. 3, and is named for her grandmoth­ er, Louise Mooney, and her great great grandmother. 1987 Mary Kaye Bozza has been appoint­ Randy f. Hart 1985 ed by the Ohio Supreme Court to serve on the Commission on Missia H. Vaselaney was appointed Professionalism. Randy J. Hart has been elected to Secretary of the Board and co-chair the partnership of Hahn Loeser & of the development committee for Parks LLP where he is Chair of the the American Lung Association's Utilities and Regulatory Law Practice Northern Ohio Chapter. group.

Spring 1999 55 Alumni Happenings

Mark Phillips has been named a partner in the law firm of Benesch, 1993 Gregory G. Huth is the Assistant Friedlander, Coplan & Aronoff LLP. Donald B. Bagley III has joined the­ Director of the Department of Mr. Phillips concentrates his practice Chagrin Falls law firm of Weiss & Economic Development for the City on commercial, corporate and securi­ Friedman LLP where he will concen­ of Cleveland. Mr. Huth and Linda E. ties matters with an emphasis in the trate on business and real estate law. Schmook were married in August. arbitation of broker-dealer disputes. Christopher J. Carney has been Brendan J. Sheehan has become an Tom A. King, Jr. has been elected to named a principal in the firm of associate at Brown and Margolius, the partnership of Baker & Hostetler Brouse & McDowell. LPA where he will practice in the LLP where his practice is focused on area of Social Security Disability and labor law and employment law. Edward FitzGerald was appointed to Workers' Compensation. Lakewood City Council to fill the unexpired council at large term end­ 1991 ing December 31, 2001. Mr. 1994 Charlene R. Mileti has been elected FitzGerald practices law with the Robert G. Friedman has been elect­ as a shareholder at McCarthy, Lebit, firm of Janik & Forbes. ed partner of Krantz, Powers, Crystal & Haiman Co., L.P.A. Friedman & Strauss LLP. Mr. Garin C. Hoover has become an Friedman practices real estate, Patricia A. Poole has been elected to associate in the Labor and debtor-creditor and commercial law. the partnership of Baker & Hostetler Employment Practice group at LLP. Ms. Poole concentrates her prac­ Wegman, Hessler, Vanderburg & Lisa M. Meyer has joined Thompson tice in the areas of civil litigation, O'Toole. Hine & Flory LLP as an associate. toxic tort, occupational safety and health, and products lia­ Patrick J. Tulley has joined bility. Kohrman Jackson & Krantz P.L.L. as an associate practicing estate plan­ Daniel M. Sucher has been named a ning, business succession, probate partner in the law firm of Sindell, and estate law. Young, Guidubaldi & Sucher where he practices personal injury, mal­ practice and general civil litigation.

Michael Mayer

Michael Mayer has become associat­ ed with Milano Attorneys at Law where he will practice in the area of professional licensure and problem Andrew A . Kabat solving for professionals.

Andrew A. Kabat has become a part­ Sharon Toerek ner at Reminger & Reminger, L.P.A. Sharon Toerek is the President of 1995 the Northern Ohio chapter of the City of Lakewood Finance Director National Association of Women Yvette Ittu was elected a Trustee of Business Owners. Ms. Toerek is a the Regional Income Tax Agency. partner in the law firm of Macedonia, Toerek & Box P.L.L., Brendan Mackin practices law in where she practices in the areas of J. general business law, litigation, the Prosecutor's Office of Juvenile Court. trademark and copyright law. Patrick f. McCarthy Simone G. Polk has been named Patrick J. McCarthy has become an Director of Public Safety at Wright associate at Kelley & Ferraro, LLP. State University.

56 Law Notes ~:;,, Alumni Ha enin s

1997 Robert A. Cooper has become an associate with Korman Jackson & Krantz P.L.L. concentrating on corpo­ rate and securities law.

Sherry L. Fry is an associate with Benesch, Friedlander, Coplan & Aronoff LLP where she practices in the firm's Estate David A. Young Planning and Probate Practice group. Timothy E. Manning David A. Young has joined the law Thomas M. Lundin and Timothy E. firm of Hahn Loeser & Parks LLP as George G. Pappas opened a law Manning have joined Arter & an associate practicing in the area of office in Clearwater, Florida provid­ Hadden as associates in the firm's litigation. ing services to corporations and busi­ intellectual property practice group. nesses in transactional and litigation Wendy West Feinstein has joined matters. Mr. Pappas will also handle Nicholas M. Miller has joined Arter the law firm of Buckley King & Bluso real property transactions, probate & Hadden LLP as an associate in the as an associate. and estate planning, and firm's professional/product liability landlord/tenant conflicts. group.

1996 Michael L. Wiery has joined Thomas P. Alexander has joined Weltman, Weinberg & Reis Co., Buckley King & Bluso as an associate. L.P.A. as an associate in the real estate department focusing on fore­ Jillian S. Davis has become associat­ closure transaction work, finance ed with the law firm of Berkman, matters and related litigation. Gordon, Murray & DeVan in the general practice of law. 1998 Robert J. Patton has become an Thomas W. Baker has joined Arter associate with Kaufman & & Hadden LLP as an associate prac­ Cumberland where he will practice ticing in the professional/product lia­ John E. Mazey civil litigation. bility group. John E. Mazey has become an asso­ Aaron J. Reber has joined the Mark S. Bennett has been named an associate of Weston Hurd Fallon ciate with the law firm of Benesch, Columbus, Ohio office of the law Friedlander, Coplan & Aronoff LLP. firm of Thompson Hine & Flory LLP Paisley & Howley LLP. as an associate in the firm's Personal Daniel L. Montenaro has become and Succession Planning group. Rebecca J. Dessoffy has joined the law firm of Thompson Hine & Flory an associate with McCarthy, Lebit, LLP as an associate. Crystal & Haiman Co., L.P.A.

Weltman, Weinberg & Reis Co., Ann M. O'Rourke has joined the L.P.A. has named Sara Donnersbach firm of Kelley & Ferraro, LLP an associate in its commercial litiga­ as an associate practicing in general tion department. litigation and probate.

Tonya L. Eippert has joined Gregory S. Patterson has become Thompson Hine & Flory LLP as an associated with the law firm of Baker associate. & Hostetler, LLP.

Joy B. Sonnhalter Michael C. Hasychak, Treasurer and Jill S. Patterson has become an asso­ Secretary of Brush Wellman, Inc., ciate with Young & Alexander in Dayton, Ohio. Joy B. Sonnhalter has become a will also assume responsibility for investor relations for the company. member of the Tennessee Bar. Julie W. Reineke has become an associate with Donahue & Scanlon.

Spring 1999 57 Alumni Happenings

Ellen R. Titlebaum has become associated with the law firm of McCarthy, Lebit, Crystal & Haiman Co., L.P.A.

Cathryn A. Sheridan Darlene Wilcox IN MEMORIAM

Cathryn A. Sheridan has joined the Darlene Wilcox has joined Milano Clarence K. Snyder '23 law firm of Hahn Loeser & Parks LLP Attorneys at Law where she will Joseph H. Weiss '36 where she will concentrate her practice focus on the area of family law. Ms. Stanley F. Jaros '39 in the business and corporate law area. Wilcox will also manage the firm's Charles M. Zavell'47 John E. Tanner '51 civil practice group. Berthina E. Palmer '54 Cara L. Santosuosso has become Of Ralph L. Peckinpaugh '54 Counsel with Michael]. Goldberg Jeremy R. Sayre and Randy Taylor Hyman A. Gelfand '55 and Associates and the law office of have been named associates with the Elmer A. Giuliani '56 Kevin T. Roberts. Ms. Santosuosso law firm of Weston Hurd Fallon Ervin W. Wilkins '60 will also be working with the firm of Paisley & Howley LLP. Kenet E. Chareau '70 Michael]. O'Shea Co., LPA. Patrick F. Geary '71 Shawn W. Schlesinger has become an David K. Ross '80 associate with Friedman & Hoffman. George H. Ledl

dperfect

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1750 Midland Buildin g, Cl e veland, Ohio 44115 216.621.4988 800.822.0650 fax 216.621.0050 701 Society Building , Akron, Ohio 44308 216.535.7300 800.562.7100 fax 216.535.0050

58 Law Notes Jl:~' Faculty & Staff Happenings

by Rosa M. DelVecchio at the Fair Housing Service Second Association Annual Meeting. Annual Landlord Conference held at Professor Robertson put her entire Several faculty participated in a pro­ the University of Akron and also at environmental law course in an elec­ gram held in the Moot Court room the Northeast Ohio Apartment tronic format. on "Capital Punishment and the Association's course on Certified Public Interest," which was spon­ Manager of Apartments. He present­ Law Library Director Michael ]. sored by the law school's Pro Bono ed a Seminar on "Current and Slinger is serving a second term on Program, the Student Public Interest Recurrent Issues in Landlord Tenant the ABA's Section on Legal Law Organization, and the Criminal Law" at a CLE program sponsored by Education's Committee on Libraries. Law Society. Phyllis Crocker gave an the Parma Bar Association. Dean "Overview of the Death Penalty in White was twice interviewed on TV Adam Thurschwell spoke on Ohio, and the U.S."; Adam Channel 8 News regarding President "Mitigation in Capital Cases" at the Thurschwell spoke on "Reflections Clinton's grand jury testimony. Dean Ohio Association of Criminal on the Terry Nichols Case"; Kevin White and Kermit Lind were presen­ Defense Lawyers Annual Death O'Neill's presentation was entitled ters at a CLE course on "Representing Penalty Seminar in Columbus. "The First Amendment and the Residential Tenants in Eviction Professor Thurschwell also spoke at Death Penalty." Beverly Blair '85 Actions," which was presented by the the Sixth Circuit Practice Institute presented, "How Law Students Can Christian Legal Service of Cleveland, sponsored by the Cincinnati chapter Get Involved," along with Professors Inc. of the Federal Bar Association in Crocker, O'Neill, and Thurschwell. Cincinnati. FACULTY CLINICIANS Dena S. Davis is on sabbatical for Alan Weinstein lectured on "Impact Fees" at Public Law and Policy The Community Advocacy Clinic the year. Having traveled to the Programs in Cleveland and presented a seminar on "Risk Hastings Center in New York and Columbus. His Cleveland address Management for Small Nonprofit then to Russia, Professor Davis will was sponsored by CSU's Levin Corporations" that was sponsored by be in Maryland until May conduct­ College of Urban Affairs and Squire the Cleveland Neighborhood ing research at the National Human Sanders & Dempsey, which, together Development Corporation. Under Genome Research Institute. with Ohio State University, spon­ the supervision of Kermit]. Lind sored the same address in Columbus. and Pamela Daiker-Middaugh '88, David Forte is a Visiting Scholar at At the lOth Annual Zoning law student Kelly O'Neil prepared Liberty Fund in Indianapolis for the Workshop in Independence, Ohio, the seminar and a manual. year. Professor Forte appeared on WOSU radio discussing the law of sponsored by the Ohio Planning Conference, the state chapter of the DEANS impeachment, and he delivered a paper on Islamic Law at a works-in­ American Planning Association, Errol A. Ashby '94 organized a trip progress seminar of Law and Religion Professor Weinstein delivered these for 19 BLSA members, including at Cumberland Law School. lectures: "Regulating Sexually BLSA President Darlene White, to Oriented Adult Entertainment represent the law school at the Patricia A. McCoy presented a work­ Businesses"; "Township Zoning"; and National BLSA Academic Retreat for in-progress on "Mainstreaming the "Emerging Topics in Land Use first-year law students held at the Unbanked Poor" at the Central States Regulation." University of Cincinnati College of Law Schools Association Meeting in Law. Akron. Stephen J. Werber was a guest speaker at the Cornell Law School Susan J. Becker '83, delivered a pre­ Kevin F. O'Neill delivered the Ed where he lectured in regard to real sentation on the case of "In re Likover Memorial Lecture, "Muzzling world and moot court appellate Adoption of Jane Doe" to the Ohio Death Row Inmates: Ohio's New advocacy brief writing and oral argu­ Human Rights Bar Association. Plan to Bar the Oral Utterance of a ment. He also conducted workshops Condemned Prisoner's Last Words" at with members of the Cornell Law Steven H. Steinglass was a luncheon Case Western Reserve University Law School Moot Court Board. Professor guest speaker at a CLE program pre­ School. Werber conducted a CLE series of six sented by the Israel Bonds / adult education classes at Temple Organization of Greater Cleveland at Heidi Gorovitz Robertson delivered Emanu-El in University Heights, the Sheraton Cleveland City Center, a presentation on "Technology in which focused on ancient and mod­ where he spoke on "The Ohio Teaching: Experimenting with On­ ern Jewish legal principles and rea­ Constitution and Its Background." line Course Materials, Live Web soning as compared with American Connections and E-mail" at the legal principles. Frederic White was a guest speaker Central States Law School

Spring 1999 59 Facult & Staff Ha enin s

FACULTY ENRICHMENT AND WORKS­ Ecuadorian Aquaculture," IN-PROGRESS PRESENTATIONS PROCEEDINGS OF THE ECUADORIAN Patricia A. McCoy FOURTH NATIONAL AQUACULTURE "Special Factors Making Small Post­ David Barnhizer, "Teaching in St. CONGRESS Socialist Economies Susceptible to Petersburg." "The Justice Mission of American Bank System Risk," with Catherine Deborah Klein, "The Legal Research Law Schools," reprinted in Hurder et D. Toth, GLOBAl TRENDS AND CHANGES and Writing Program." al., CLINICAL Anthology IN EAST EUROPEAN BANKING, ed. Ewa Tayyab Mahmud, "The Colonial Miklaszewska Oagiellonian Career o.f Race." Susan J. Becker University) "Court-Created Boundaries between a Heidi Gorovitz Robertson, "One Visible Lesbian Mother and her Karin Mika '89 Piece of the Puzzle: Brownfields Children," Wisconsin Women's Law "Self-Reflection within the Academy: Redevelopment Legislation and other Journal The Absence of Women in Barriers to the Redevelopment of Constitutional Jurisprudence," Urban Land." Dena S. Davis Hastings Women's Law Journal. Mika Lloyd Snyder, "Is the Attorney­ "Medical Research with College became an editor and research con­ Client Privilege Overrated?" Athletes: Some Ethical Issues," IRE: A sultant for a monthly newsletter Frederic White, "Outing the Review of Human Subjects Research called the Qualified Domestic Relations Madman: Fair Housing for the Order Report, which is an order that Mentally Handicapped, the Right to Patricia J. Falk divides a pension in a divorce settle­ Privacy and the Landlord's Duty to "Rape by Fraud and Rape by ment. It is a nationally distributed Warn." Coercion," Brooklyn Law Review newsletter published by Aspen Publishing Company. The chief edi­ David Forte tors are Dave Kelley and alumnus LAW LIBRARIANS NATURAL LAW AND CONTEMPORARY Gary Shulman '89. Schuyler M. Cook presented a train­ PUBLIC POLICY (Georgetown ing session on the OhioLINK Central University Press) Kunal M. Parker Catalog to the law school communi­ "A Corporation of Superior ty in the library computer lab. Deborah A. Geier Prostitutes' Anglo-Indian Legal "The Myth of the Matching Principle Conceptions of Temple Dancing Mark Gooch delivered a presenta­ as a Tax Value," American Journal of Girls, 1800-1914," Modern Asian tion to the faculty in the law library Tax Policy Studies on the law school's revised home page. Charles G. Geyh David V. Snyder "Gavelitis Misdiagnosed, Judicature "Comparative Law in Action: With the assistance of Marie Courts, Congress, and the Promissory Estoppel, the Civil Law, Rehmar and Sylvia Dunham, Ellen Constitutional Politics of and the Mixed Jurisdiction," Arizona Quinn '96 organized a library tour Interbranch Restraint" (reviewing Journal of International and for members of the Ohio Regional COURTS AND CONGRESS, by Robert A. Comparative Law. Association of Law Libraries, who Katzmann), Georgetown Law Journal were in Cleveland to attend the 49th Stephen]. Werber Annual ORALL Meeting. Included in Dennis Keating "Ohio Tort Reform in 1998: The War the tour were law librarians from Co-author, RENT CONTROL: REGULA­ Continues," Cleveland State Law Ohio, Kentucky, Indiana, and TION AND THE RENTAL HOUSING MAR­ Review Michigan. KET (CUPR Press, Rutgers University) STAFF The law library participated in a 75th Sandra]. Kerber '81, "What Kulch joan Shirokey passed the Notary Anniversary Tribute to Fenn College Accomplished; What Kulch Left Out" Public exam and now assists Rosa and the Cooperative Education with law student Tim L. Sprague, DelVecchio and Rita Pawlik in Program. Marie Rehmar was in Cleveland State Law Review. notarizing Supreme Court and Bar charge of the library's activities, which Applications for our law students. included a library tour as well as an Tayyab Mahmud information table in the UC Cage. Book Review, Sumantra Bose's THE Rebecca Zirm '83 was named as a CHALLENGE IN KASHMIR: DEMOCRACY, part-time assistant in the law RECENT PUBLICATIONS SELF-DETERMINATION AND AjUST PEACE, school's Office of Admissions. David Barnhizer for the Journal of South Asian Studies "Sustainable Development and

6.0 Law Notes •I ALL THE NEWS THAT'S FIT TO PRINT

I Please keep us informed for Alumni Happenings I (and correct mailing address) I Name: ______I I Class of: ______I Address: ______I I City: ______State: ______Zip: --'----- I I Phone:_~------I I News, _comments, interests, births, weddings, hobbies: ______._ I I I I I Mail to: Mary McKenna, Executive Director I Cleveland-Marshall Law Alumni Association I 1801 Euclid Avenue I Cleveland, Ohio 44115 CAREER OPPORTUNITIES

I I Anticipated opening for D third, q second, D fitst year law I stupents, or O graduate attorney I I Date position(s) available: ______I Employer's name: ______I I Address: ______I City:______.State: ______Zip : _____ I I I Person to contact: ______I I Requirements/Comments: ______'I D I am willing to serve as a resource or coritact person in my area for law school students I I D I am interested in interviewing students at the law school for possible placement I I Mail to: Mary McKenn,a, Executive Director I Cleveland-Marshall Law Alumni Association I 1801 Euclid Avenue I Cleveland, Ohio 44115 I I ALUMNI OFFICERS AND TRUSTEES

Offi:cers Michael O'Neil '94 Hon. John Manos 'SO President William T. Plesec '71 Gary J. Maxwell '88 Frederick N. Widen '81 Laurence J. Powers '87 Daniel R. McCarthy '54 President-Elect Dorothy Regas Richards '94 J. Timothy McCormack '72 Laura A. Williams '82 Stephen Rowan '80 Hon. Timothy J. McGinty '81 1st Vice President Michelle J. Sheehan '93 Han. Ann McManamon 'SO David Ross '76 Melody J. Stewart '88 Han. George McMona~le '30 2nd Vice President James R. Tanner '91 Howard Mishkind 80 Joseph B. Jerome '75 James Tavens '86 William T. Monroe '53 Secretary Elaine Walton '93 Karen B. Newborn '76 Den nis R. Lansdowne '81 Lori White Laisure '89 Han. Donald C. Nugent '7 4 Treasurer Michael O'Grady '79 Richard J. Ambrose '87 Honorary Trustees Herbert Palkovitz '68 Immediate Past President Han. Anthony 0. Calabrese, Jr. '61 Han. John T. Patten '58 Tina E. Wecksler '85 Thomas L. Colaluca '78 Han. Ralph J. Perk, Jr. '83 Han. John E. Corrigan '68 Leon M . Plevin '57 Trustees Han. Timothy G. Cotner '68 Han. Thomas J. Pokorny '80 Richard C. Alkire '80 Han. John J. Donnell>;: '69 Dale D. Powers '60 Donna M. Andrew '96 Han. Ann K. Dyke 68 Maria E. Quinn '79 Janet Burney '79 Jose Feliciano '75 Richard T. Reminger '57 Henry Chamberlain '90 Han. Robert A. Ferreri '79 Timothy J. Russert '76 Gregory F. Clifford '81 Scott C. Finerman '87 Han. Anthony J. Russo '77 Michael L. Climaco '72 Han. Stanley M. Fisher 'SO Thomas J. Scanlon '63 Matthew V. Crawford '94 Han. Timothy Flanagan '71 Scott Spero '89 Maribeth Gavin '84 Han. John W. Gallagher '70 CarlL. Stern '66 Jayne H. Geneva '87 Susan L. Gragel '80 Han. Louis Stokes '53 Megan Hensley-Bhatia '94 Terrance P. Gravens '77 Han. Kathleen A. Sutula '76 John Lawson '76 Han. Leodis Harris '65 John J. Sutula '53 John J. Lombardo '71 Irving L. Heller '57 Emily M. Sweene:r, '81 Vincent T. Lombardo '81 Han. Patricia A. Hemann '80 Donald F. Traci 55 James M. Mackey '74 Deborah Lewis Hiller '75 Han. Hans R. Veit '60 Christopher R. Malumghy '88 Han. Edwin T. Hofstetter '52 Gerald R. Walton '80 Sheila McCarthy 89 Sheryl King Benford '79 Han. George W. White '55 Steven M. Moss '91 RichardS. Koblentz '75 Leonard D. Young '74 Patricia J. O'Donnell '82 Ann T. Mannen '80 Robert I. Zashin '68

r ~ INrnmATIONALLAW ~TIJDn~ A~OOL~riON of the ._.,;.;..;~...... :::C...::OLLEGE of LAW is seeking ;J.al:lQilall~W Topics Inaugural Cleveland w Speaker Series "futemational Millenium" TOPICS: ...... vJ'-""... Criminal Court Admiralty • • Intellectual Property • ???

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