Fall 2008 TheADVOCATE Lewis & Clark Law School Law School Hosts Federal Judicial Center Conference Featuring Retired Justice Sandra Day O’Connor and Associate Justice Anthony M. Kennedy Inside: Animal Law Moot Court Victories China Study Abroad Program Contents Board of Visitors James Richardson ’76 Features 2008-09 Jordan Schnitzer ’76 Law School Hosts a Professor Thomas Ambrose ’75 J. Mack Shively ’79 John Bates Henry Skade ’77 Gathering of Luminaries . 2 Matthew Bergman ’89 Nancy Tauman ’78 Animal Law Evolves . 6 Bowen Blair Jr.’80 Jeffrey Teitel ’73 A Lawyer’s Journey . .13 Brian Booth Mark Tratos ’79 Keeping Up a Tradition Monte Bricker Professor Michelle Travis of Moot Court Victories . 16 Thomas Brown ’80 Isao Tom Tsuruta ’89 Commencement . 18 Hon. Alexander Bryner Steven Wildish ’85 David Case Michael Williams Honor Roll of Donors . insert Jonathan Cole ’76 Lawrence Wilson ’75 Pioneering Women Lawyers. 26 Bruce Crocker ’76 Russell Winner Learning in China . 29 Jeff Curtis ’86 Tributes to Retiring Faculty . 30 Stephen Doherty ’84 Alumni Board of Directors Luis Dorn ’94 2008-09 Departments Professor Henry Drummonds Thomas Bittner ’89, Vice President Barnes Ellis William Brunner ’53 Law School News . 23 David Ernst ’85 Hon. Ronald Cinniger ’73 Faculty and Staff News . 41 M. Carr Ferguson Adam Cornell ’01 Class Notes . 45 Paul Fortino Gilion Dumas ’92 In Memoriam . 48 Hon. Julie Frantz ’75 Dennis Elliott ’74 Chris Fulmer ’09 Jeannette Fisher-Kouadi ’96 Hon. Susan Graber Adina Flynn ’96 Edwin Harnden Steve Hammond ’01 Christie Helmer ’74 Heather Hippsley ’84 Robert Hirshon Craig Jacobson ’95 Volume 28, Number 1, Fall 2008 The Advocate Steven Hopp ’75 John Kodachi ’92 Matthew Huarte ’93 Krista Koehl ’99 Lewis & Clark Law School James Hubler ’72 Hon. Marilyn Litzenberger ’88 10015 S.W. Terwilliger Blvd. Portland, Oregon 97219-7799 Judith Johansen ’83 Donna Maddux ’02 Phone 503-768-6600 Senator Elizabeth Johnson ’77 Richard Maizels ’66, President Susan Kornfield Connie McKelvey ’83 The Advocate is published for alumni, Jeffrey Lewis ’89 Hon. Keith Meisenheimer ’76 faculty, staff, and friends of Lewis & Clark Law School. Letters and articles are wel- Henry Lorenzen ’76 Christopher Neuman ’98 comed; submissions are subject to editing. Richard Maizels ’66 Elizabeth Newell ’06 President: Thomas J. Hochstettler Charles Markley ’75 Kathryn Root ’84 Dean: Robert H. Klonoff Leodis Matthews ’73 Heather Self ’01 Writing: Elizabeth A. Davis ’93 Alan Merkle ’82 Steven Shropshire ’94 Editing: Joseph Becker, Janna Clark, Matthew Murray ’75 Michelle Slater ’95 Deanna Oothoudt Pamela Rossano Myers ’74 Rob Roy Smith ’00 Design: Reynolds Wulf Inc., Hon. Diarmuid O’Scannlain Tracy Sullivan ’00 Robert Reynolds, Letha Wulf Philip Pillsbury ’76 Trinh Tran ’03 On the cover: Retired Supreme Court Justice Hon. Robert Redding Sandra Day O’Connor, Dean Klonoff, and Supreme Court Associate Justice Anthony M. Kennedy © 2008 Lewis & Clark Law School. All rights reserved. Printed on recycled paper. Letter From the Dean It’s a wonderful feeling: I’ve finished my first year as dean of this great institution, and we ended on an incredible high note. U.S. Representative John Lewis, a civil rights giant, presented a moving and inspirational speech at our commencement cere- mony. He urged our graduates to do as he did: to “get in the way” and make a difference. His courage during the struggles of the 1960s led to monumental progress, including major civil rights laws enacted during the Johnson administration. Lewis credited lawyers in the civil rights movement with making a huge difference, and he urged each of our graduates to give back in the form of public and community service. I can’t remember federal court system), we hosted one of the most important a more captivating oration. You can read excerpts from Lewis’ legal conferences ever held by any law school. Speakers address on pages 19-20 of this issue. included Associate Justice Anthony Kennedy, Retired Justice With the help of our fantastic faculty, staff, alumni, and Sandra Day O’Connor, former acting solicitor general Walter students, we accomplished much to be proud of this past year. Dellinger, and Dean Irwin Chemerinsky. Numerous other Our fund-raising total for the fiscal year was more than 80 prominent judges, academics, and practitioners participated. percent higher than last year. Our alumni participation rate Read more on pages 2-5 of this issue. We just completed a increased, and we achieved 100-percent participation from robust alumni weekend that featured major speakers, including our tenure-track faculty, alumni board, and active members Billy Martin, the go-to lawyer for prominent athletes and of our Board of Visitors. We launched a major fund-raising other public figures. Our 2009 Higgins Visitor will be Roberta effort to establish an endowed faculty position in honor of Romano from Yale Law School. She is one of the country’s federal judge Robert E. Jones ’53, and we raised considerable leading experts in corporate law. grant money for our Small Business Legal Clinic and our Of course, despite our successes, challenges remain. The Community Development Law Project. capacity of our law school facilities is stretched very thin, and We also gained in the U.S. News & World Report rankings: we will need to raise funds to address our space issues. We also Our overall ranking increased nine places, putting us ahead need to look for opportunities to support endowed chairs in of our two sister law schools, the University of Oregon and environmental law and other areas. We need to raise more Willamette University. Our Environmental Law Program again money as well for our annual fund, for scholarships, and for ranked first, and we were ranked 22nd in intellectual property program needs that cannot be satisfied through our operating and 18th in legal writing. budget. In short, fund-raising will be an important priority We obtained a major gift for our Animal Law Program during the next year. and made two important hires: Pam Frasch, a leading scholar, In addition, we have several faculty vacancies to fill. I have casebook author, and animal rights advocate, is the new execu- put together a superb appointments committee, chaired by tive director of the program and Kathy Hessler, a nationally Professor Craig Johnston ’85, to lead this effort. known clinical law professor from Case Western University, In March 2009, we will receive our accreditation site visit is director of the Animal Law Clinic. We have entered into an by the American Bar Association. We are already well under- important collaboration with the Animal Legal Defense Fund. way in planning that important visit, which occurs every seven These developments put us in a position to maintain the top years, but much work remains to be done over the next several animal law program in the nation. Read more on pages 6-12 months. I have asked Professor Brian Blum to head this crucial of this issue. Also in the hiring arena, we promoted Melissa effort. Powers, from our Pacific Environmental Advocacy Center On a personal note, while I have met many alumni from (PEAC) clinic, to the tenure-track faculty. across the country, I have many more of you to meet, both here There were other great aspects to the year as well. Together and abroad. So, I’m planning a number of trips next year. I also with the University of Missouri at Kansas City, we completed want to spend more time getting better acquainted with our our first summer program in China at Peking University. Four- wonderful faculty and staff. I have made many close friends this teen of our student participated. We had two outstanding Hig- year, but there are many others I am anxious to know better. gins Visitors: Sam Issacharoff and Cynthia Estlund of New York Finally, I want to make an important point: While we are University. Martha Minow from Harvard delivered our first a school on the move, I am deeply committed to preserving annual Martin Luther King Jr. memorial lecture. We had excit- the culture that makes us unique. This is a wonderful, caring ing business law and intellectual property programs. We created institution, and together we will move on to greater heights three new research-scholar positions that are now filled by without ever changing our essential character. Professors Bill Funk, Jennifer Johnson, and Lydia Loren. And three members of our faculty were admitted to the prestigious American Law Institute: Bill Funk, Jennifer Johnson, and Craig Johnston. These are only a sample of why the Law School is an exciting place these days. On September 18 and 19, in honor of the Federal Robert H. Klonoff Judicial Center (the research and education arm of the Dean and Professor of Law 1 Law School Hosts a Gathering of Luminaries by Dan Sadowsky “The Supreme Court is in town!”—Bil Elsinger ’10 arely do a federal agency, an association of private And rarely, too, had such a star-studded constellation lawyers, and an academic institution join together of federal judges, lawyers, and scholars appeared on Palatine Rto organize a conference. Hill. Supreme Court Justice Anthony M. Kennedy gave the Retired Supreme Court Justice Sandra Day O’Connor keynote address on Friday, and the panels and presentations would know, and she brought this to everyone’s attention featured some of the country’s most prominent federal in her opening address at just such a remarkable event: judges and legal scholars. These included Dean Erwin the combined 40th anniversary celebration of the Federal Chemerinsky of the University of California at Irvine Judicial Center and annual meeting of the American School of Law and Duke Law School’s Walter Dellinger, Academy of Appellate Lawyers, held Thursday, September a former acting U.S.