IN THIS ISSUE New LL.M. Program in American Law for Chinese Lawyers in Beijing “Beyond Dealing with the Past”: A Critical Assessment of Justice in Times of Transition Learning to be a Lawyer SPRING 2005 DEAN Alex M. Johnson, Jr. EDITOR Elizabeth Rodke Washburn ASSISTANT EDITORS Sara Jones Scotty Mann EDITORIAL ASSISTANCE Marci L.Windsheimer CONTRIBUTING WRITERS Cheryl Casey Brad Clary Matt Gehring Joseph Gratz Bobak Ha’Eri Kay Johnson Vasan Kesavan Steve Marchese Andrea Martin Martha Martin Meleah Maynard To d d M e l b y Susan Miller Ryan Miske Fred Morrison Debbie Nelson Fionnuala Ní Aoláin Julie Nilsson Michael Stokes Paulsen Scott Russell Ryan Stai Mickelene G.Taylor Mary Thacker Carl Warren Kevin K.Washburn PHOTOGRAPHERS Karen J.Anderson Bobak Ha’Eri Dan Kieffer Dan Marshall Tim Rummelhoff DESIGNER Jennifer Kaplan, Red Lime, LLC The Law Alumni News magazine is pub- lished twice a year, by the University of Minnesota Law School Office of External Relations.The magazine is one of the projects funded through the membership dues of the Law Alumni Association. The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities and employment Correspondence should be sent to: without regard to race, color, creed,religion, national origin, sex, age, [email protected] or marital status, disability, public assistance status, veteran status or sexual orientation. Law Alumni News Editor N160 Mondale Hall 19th Avenue South Minneapolis, MN 55455-0400. Dean’s Perspective s the legal environment of the 21st century continues to evolve, the lines of distinction between traditional legal education disciplines are blurring, and law schools are devel- oping new and innovative teaching tools. In response to this increasing globalization of Athe legal profession, the University of Minnesota Law School is working to develop programs that will enhance its reputation nationally and internationally.We are fortunate to have faculty who are known worldwide, as well as entities like the Human Rights Center that have already established our school as a leader in the area of international study. I predict that ten years from now, the University of Minnesota will occupy a special niche in the legal world. We have already begun to stake our claim by developing a new law program in Beijing, China.As you will read in the Features section of the magazine, we are in the process of establishing a Master of Laws (LL.M.) Program in American Law in Beijing. University of Minnesota President Robert Bruininks recently signed an agreement with the China University of Political Science and Law to create an international legal education program within the next 12 months.This program will cement the Law School’s reputation as a leader in international law, and will reinforce the University of Minnesota name in China. As an essential part of our vision, we are working to enlarge our geographical sphere by drawing in more high-quality international students, and by devel- oping creative partnerships with educational institutions around the world. There are many collaborative possibilities for students and faculty at the University of Minnesota.The Law School already operates seven formal study abroad programs, and has well-established relationships with numerous other DEAN ALEX M. JOHNSON, JR. foreign universities. Our law students and faculty can tap into the worldwide network that the Law School has created, in order to explore new relationships and opportunities that greatly deepen and enhance the international law experience. I am struck by the long list of our prominent graduates who have gone on to make their marks around the world.This issue includes a few of those success stories.We are privileged to be so connected to the world. Finally, this issue introduces an updated design and new format.The changes begin on the front cover, and are evident throughout the magazine. In these pages you will find expanded in-depth faculty articles, more news and profiles, and student scholarship. There have also been some rumblings around the Law School that it is time to change the name of the Law Alumni News.We have not yet decided whether to do so, but we are exploring our options and would like to solicit some ideas from our readers.What’s in it for you? If we choose the name you submit to us, we will send you a free one-day pass to the Summer Super CLE Program. Honorable mentions will receive University of Minnesota coffee mugs. Send your ideas to [email protected] is no firm deadline; submissions will be accepted until we find a name we like, or decide to risk using one of our own ideas.Thank you for helping us with this important task—good luck and have fun! Dean and William S. Pattee Professor of Law CONTENTS SPRING 2005 COVER 30 Destination:Beijing Master of Laws (LL.M.) Program in American Law in Beijing, China BY SCOTT RUSSELL Features ❯First Person 23 Minnesota Professor Helps Draft Sudan Constitution BY FRED MORRISON Faculty Essay 26 “Beyond Dealing with the Past”: A Critical Assessment of Justice in Times of Transition BY PROFESSOR FIONNUALA NÍ AOLÁIN Departments FACULTY FOCUS 2 Faculty Research & Development Faculty Profile: Jim Chen Faculty in Print Let’s Mess with Texas @ THE LAW SCHOOL 38 Learning to be a Lawyer Adjunct Professor Profiles Intercollegiate Competition Moot Courts STUDENT HIGHLIGHTS 52 “Walter Wonka” Rocks the Casbah Student Profiles Student Scholarship ALUMNI COMMONS 68 Distinguished Alumni Profiles Class Notes In Memoriam Faculty Focus One of the greatest strengths of the University of Minnesota Law School is its distinguished faculty.This Law School, perhaps more than any other, has a reputa- tion for producing superb teachers and scholars who are leaders in their areas of expertise.Their accomplishments and scholarly productivity are matched by few law faculties, and are recognized by legal scholars and educators around the world. More recently, the Law School has become known for having one of the best clinical programs—and clinical faculty—in the country.This outstanding fac- ulty is one of the most significant factors in the continued recognition of the Law School’s quality and growth. In this issue, we offer the following faculty announce- ments and features: the appointments of several endowed professorships and chairs; a summary of the faculty’s most recent work; an index of newly published books, articles, and other pieces; a profile of Jim Chen; a reprint of a faculty-writ- ten op-ed piece that appeared in the Wall Street Journal; and a tribute to Bart Koeppen, a former colleague who passed away this winter. Finally, we include the schedule for the spring semester of the faculty works-in-progress program. Law school professors support and challenge each other’s work through this impor- tant program, which is organized by the Minnesota Center for Legal Studies. 2 Law Alumni News SPRING 2005 Faculty R&D The following is a partial list of the many accomplishments and activities of the Law School’s faculty. left to right Beverly Balos, Stephen F. Befort, Brian Bix Bradley G. Clary and Dean Alex M. Beverly Balos Work: Lessons from the Americans with Johnson, Jr. Professor Balos has published the follow- Disabilities Act and Possibilities for Alle- ing articles:“The Wrong Way to Equali- viating the American Worker Time Bradley G. Clary has been ty: Privileging Consent in the Trafficking Crunch,” in the Cornell Journal of Law appointed the Vaughan G. and Public Policy; and “Employment Dis- of Women,” in Harvard Women’s Law Jour- Papke Clinical Professor. nal (2004);“A Man’s Home is His Castle: crimination Remedies and Tax Gross How the Law Shelters Domestic Vio- Ups,” in the Iowa Law Review (with A reception was held on lence and Sexual Harassment,” in St. Gregg Polsky). He also authored a November 30, 2004 to cele- Louis University Public Law Review (2004). 2004–05 Supplement to his Employment brate the appointment.As the She also co-authored three amici curiae Law and Practice book, published by West Director of Applied Legal briefs, which were submitted to the Group. In addition, Professor Befort has Minnesota Supreme Court on behalf of published the following professional edu- Instruction, Professor Clary the Minnesota Coalition for Battered cation articles:“Advanced Supreme coordinates and supervises the Women. She made the following presen- Court Update,” in Labor and Employment legal writing and moot court tations:Advanced Advocacy for Victims Law Institute 2004 (Minnesota CLE); and programs. He regularly teaches of Domestic Violence, Minnesota Coali- “Public Sector Update 2003-04” in Pub- tions for Battered Women Annual Con- lic Sector Labor & Employment Law (Min- courses in legal writing, appel- ference; and Child Custody,Visitation, nesota CLE).A frequent labor arbitrator, late advocacy, and deposition the Courts and Domestic Violence, Min- Professor Befort was inducted into the skills, and serves as a faculty nesota Supreme Court Listening Panel. National Academy of Arbitrators in advisor to the National Moot October 2004.Along with Professors Laura Cooper and Mario Bognanno, he Court team. He also teaches Stephen F.Befort has been awarded a grant by the Nation- civil procedure. Professor Befort continues to be active al Academy of Arbitrators to conduct an on a number of projects relating to labor empirical study of more than 2,000 dis- and employment law. During the current The Vaughan G. Papke Clinical cipline and discharge arbitration awards Professorship in Law was made school year, he has published four arti- on file with the Minnesota Bureau of cles:“A NewVoice for the Workplace:A Mediation Services. possible by the generous bequest Proposal for an American Works Coun- of Vaughan Papke (Class of cils Act,” in the Missouri Law Review;“At the Cutting Edge of Labor Law Preemp- Brian Bix 1940).The Professorship carries a tion:A Critique of Chamber of Commerce Professor Bix’s recent publications two-year appointment.