University of Arkansas School of Law Non-Profit Organization U.S. Postage Paid Robert A. Leflar Law Center Fayetteville, AR 72701 Fayetteville, AR 72701 Permit No. 278 Spring/Summer 2007 Save the Date June 8, 4:30 p.m. Law Alumni Society Reception Arkansas Bar Association Annual Meeting Hot Springs, Arkansas Update Alumni Information law.uark.edu/alumni email: [email protected] Gov. Mike Beebe,’72 50 Years with Professor Al Witte Message from the Dean Dear Alumni and Friends of the Law School, Welcome to this issue of the Arkansas Law Record. Amy Ramsden, our Director of Communications, did her typical fine job in putting this issue together. Sadly, it will be her last issue, as she has moved on to a position at the University of Chicago. We wish her well and will miss her. As I write this message, I am reminded of the increasing number of ways in which we communicate with our students, alumni, friends, and the larger legal community. It is a modern irony that in this day of instant world-wide communication, we have to work even harder to stay in touch. In addition You Can Make A to the Arkansas Law Record, which has a different focus, our students and faculty now assist in publishing four different journals that contain writings about law and policy, the Arkansas Law Review, the Journal of Food Law & Policy, the Journal of Islamic Law and Culture, and Arkansas Law Notes. We also try to communicate as often as possible one on one, or at Difference Too! least in person. I have traveled extensively since I became dean, as have several of our faculty, throughout the state and, literally, throughout the world. Professional trips by our faculty during the past year have included destinations in Europe, the Ukraine, Russia, Japan, China, the Mariana Islands, and Mexico. Our revamped Web site is up and running, and provides a different channel for distributing news and information. Although it is still (and given the constantly evolving technology will forever be) a work in progress, it provides a different and more modern “feel,” and gives us some capabilities that we did not have before. One new feature of our Web site is the blog. I have started one, and others on the faculty are beginning to Did you know? explore this tool as well. It provides an immediacy that can’t be duplicated through traditional print publications, and its nature is such as to encourage Only 40% of University of Arkansas funding comes from the state of Arkansas. thoughts which are less formal and more personal. However, even though I now write a blog, I still write this message for the Arkansas Law Record. In fact, many of you have told me how much you Students now graduate with an escalating average student loan debt of nearly $50,000. appreciate the Law Record and have requested that we continue to publish it. That is our intention, and I hope you will agree that this publication Nearly 75% of our students receive financial aid. continues to reflect the high standards we have set for it. Enjoy. Cordially, When you contribute to the University of Arkansas School of Law, you help support the students and faculty who are at the heart of our law school. Your unrestricted gift is the best way to have a meaningful impact on the law school. Dean Cynthia E. Nance For more information about giving to the law school, please contact Dean Cyndi Nance at [email protected] contents Arkansas Law Record Copyright Arkansas Law Record© FEATURES Dean: Cynthia E. Nance Associate Dean for 2 Profile: Academic Affairs: Gov. Mike Beebe,’72 Lonnie Beard Associate Dean for Diversity, Planning, and Special Events: Judith Kilpatrick Director of Alumni Relations, CLE, & Special Events: Malcolm McNair Editor: Amy Ramsden 6 F ifty Years with Professor Al Witte Assistant Editor: Yvette Scorse Creative Director: Eric Pipkin Contributors: Malcolm McNair, Michele Payne, Susan Schneider, and Lisa Vassar Photography: Russell Cothren, 10 F irst Black Female Amy Ramsden, and Graduate, Sharon Yvette Scorse Bernard,’69 On the Cover: Special thanks to Gov. Mike Beebe and his office for their time and to Al Witte for letting us attempt to summarize 50 years in a few pages. Arkansas Law Record is published by the DEPARTMENTS University of Arkansas School of Law, Leflar Law Center, 12 transcript: Special Agent Kimberly Brunell, ’93 Fayetteville, Arkansas 72701. 14 student sidebar: Chris Dawkins 15 law briefs 18 the evidence 25 class action 30 LLMclass action 31 honor roll We must be able to provide the best education from pre-school to the end of life and for everything in between. We are already down the path of educational advancement in our state as we continue to do more. But you can not have the best educational system in the world if you don’t have good-paying jobs waiting Beebe,’72: for graduates. Otherwise, we’re just educating our people to go to Dallas, Atlanta or Nashville to get a job. A Product of We must take the opportunities that are available throughout our state so that every Arkansan can have the ’ opportunity for a better life. – Gov. Mike Beebe,’72 Arkansas Public Education Governor Mike Beebe,’72, calls himself a “product of the public-education system of Arkansas.” After a quarter century of public service and nearly six months in the governor’s mansion, Beebe believes the core of our economy begins with education. 2 3 I was raised by a single mom who worked as a waitress, and I never knew my dad. Because my mom didn’t have the opportunity to receive a good education, she made certain that she instilled in me the value of education and knowledge in shaping a person’s life. I am the product of those values and public education in our state. Without both of those, I would not be where I am today. My advice for today’s graduates would be to never give up, never slack off and never lose focus of your own potential. – Governor Mike Beebe, ’72 “You can’t have economic development down positions in other prestigious firms without education,” he says. to work in Searcy, Ark., for Lightle, On a recent day at the state Capitol, Tedder and Hannah (now called Lightle, Beebe greeted an eclectic group of people Raney, Bell and Simpson Law Firm). in the governor’s conference room — Coincidentally, it was Chief Justice Jim Harley riders, children, parents, sightseers Hannah, ’68, who swore in Beebe as from all over the state. He shakes each Arkansas’ 45th governor on Jan. 9. person’s hand, nodding and asking with Even though Beebe says he came to genuine interest where they’re from. law school with no political aspirations, Although he chats casually as if he’s he learned that being a lawyer has a lot in trying to blend in with the crowd, it’s common with being a politician. to as many people as possible. Mort Gitelman and David Malone,’69, clear from his charismatic personality and “My years in private practice gave me Beebe’s budget recommendations according to Jim Miller, ’76, associate dean sincere interest in others that Beebe’s far the opportunity to apply [my law school] include using existing balances in the of students. from ordinary. education while working to improve the Higher Education Grants Fund to initiate Beebe says Professor Witte, who is Beebe has beaten a few odds. Born in lives of others,” he says, “which essentially a $1,000-college-scholarship program for celebrating his 50-year anniversary at the Jackson County, Ark., Beebe was raised is the purpose of working in public high school graduates from low-income University of Arkansas School of Law this by a poor single mom who worked as a service.” families. He says these additional students year (See “Professor Al White Celebrates waitress. He grew up without ever meeting The governor began his public-service can be added to grant and scholarship 50 Years as the School of Law,” p.6) was his father, and he learned early on that career after being elected to the Arkansas programs without having to increase the the best professor in the field of contracts strong values were the keys to success. Senate in 1982. Nearly 25 years later, general revenue budget. and constitutional law. Professor Witte “My mom made certain that she his commitment to Arkansas includes “We’ve done a good job with providing has “helped the lives of many,” Beebe says, instilled in me the value of education and searching for ways to keep graduates from merit-based scholarships in our state, but “and I’m thankful that he has dedicated knowledge in shaping a person’s life,” he moving out of the state for better-paying now we need to provide the opportunity his time to the students at the University says. “I am the product of those values and jobs. for more of our young people to receive of Arkansas.” public education in our state.” “You cannot have the best educational higher education through need-based Likewise, he is proud of the University After graduating from Arkansas State system in the world if you don’t have good- scholarships.” of Arkansas faculty members for their University, he came to the University paying jobs waiting for graduates,” he says. Economic development is dependent appointment of Dean Cyndi Nance, of Arkansas School of Law with the “Otherwise we’re just educating our people on educating our people. “You can’t have calling her hire “one of the best moves the intention of becoming an FBI agent.