The magazine of the first law school in the Pacific Northwest | Fall 2008 Justice Ginsburg Visits Willamette INSIDE THIS ISSUE Oregon Civic Justice Center Dedication Willamette’s New Law Faculty On the Cover Willamette welcomed U.S. Supreme Court Justice Ruth Bader Ginsburg to campus on Sept. 12 and 13 for numerous events with students, faculty, staff and friends. Willamette Lawyer | Fall 2008 2 | 125th Anniversary Celebration Ginsburg’s visit marked the first event in a yearlong celebration of the College of Law’s 4 | Oregon Civic Justice Center Dedication 7 | Constitutional Law Class 125th academic year. Ginsburg cut the ribbon on the College of Law’s with Students new Oregon Civic Justice Center, officially opening During her visit, Ginsburg it to the public. participated in a special Q&A session with law students and faculty. 20 | New Law Faculty Meet the three newest members of the College of Law faculty. A Look Back at the College of Law Distinguished WUCL alumni 8 share 50 years of law school memories with readers. 26 | Paying It Forward Second-year student Daniel Kittle recounts his unique path to law school. Fall 2008 • Vol. VIII, No. 2 Dean In This Issue … Symeon C. Symeonides Editor Anne Marie Becka Graphic Design Chris Noud Departments NowDesign Creative Services A Message From the Dean 2 Class Action Editor Willamette Tops State in Bar Passage 3 Cathy McCann Gaskin JD’02 News Briefs Contributors Eisenberg Provides Expert Commentary 16 Linda Alderin WUCL Welcomes Class of 2011 17 Mike Bennett BA’70 Commencement 2008 18 Richard Breen Cathy McCann Gaskin JD’02 Daniel Kittle Pays It Forward 26 Andrea Whalen Class Action 27 Photographers Alumni Events Frank Miller Reunions in Bend, Eugene, Anchorage 33 Dale M. Peterson Women of Willamette Law Events 34 Willamette Lawyer is published by WUPILP Auction 35 the College of Law and the Office In the Stacks 36 of Communications for constituents of Willamette University College 125th Anniversary Celebration of Law, the first law school in the Pacific Northwest. Justice Ginsburg Visits Willamette Oregon Civic Justice Center Dedication 4 Send correspondence to: Willamette Lawyer Academic Procession and Atkinson Lecture 5 Willamette University College of Law Center for Law and Government Symposium 6 245 Winter Street SE Constitutional Law Class with Students 7 Salem, OR 97301 A Look Back: Fifty Years of Law Alumni Memories 8 This publication is partially supported by contributions to the Law Annual New Law Faculty Fund. Caroline Davidson Offers an International Perspective on Criminal Law 20 Copyright © 2008 Gwynne Skinner Launches the International Human Rights Clinic 22 Willamette University College of Law David Friedman Brings Business Sense to the Law 24 DEAN’S Message Dear Alumni and Friends, As the 2008–09 school year commenced this fall, Willamette University celebrated a significant milestone in its great history — the 125th anniversary of the College of Law. Yes, we boast about being the first law school in the Northwest, but we have earned those bragging rights. Willamette was born of the vision and sacrifice of pioneering missionaries, who sought to bring intellectual sustenance to the region. Since its founding in 1883, the College of Law has aspired to educate, serve and lead — and to do so with dedication and distinction. It has excelled in all of its Dean Symeon C. Symeonides endeavors, continuing to be a pioneer in legal education even after it began sharing the field with many other fine law schools. As our most recent Oregon State Bar exam results indicate, that grand tradition continues today. For the sixth consecutive year, Willamette graduates have surpassed their peers by a significant margin: 89.2 percent versus 81.4 percent (page 3). The law school’s 125th Anniversary Celebration officially commenced on Friday, Sept. 12, 2008, with a visit by U.S. Supreme Court Justice Ruth Bader Ginsburg. It was a truly festive day for the University and the College of Law. We celebrated the resurrection of a great historical landmark and the birth of the Oregon Civic Justice Center (page 4). Later in the day, Ginsburg participated in an academic procession with University faculty and received an honorary Doctor of Laws degree. She then presented the first Atkinson Lecture of the year (page 5). The following day, she spent more than an hour answering questions from law students and faculty in a classroom setting (page 7). The opportunity to listen to and converse with this outstanding jurist, scholar and public servant was a unique experience for our students. The entire two-day celebration will be fondly remembered for many years to come. These events were the first in a yearlong series of activities celebrating the College of Law’s 125th anniversary. As we reflect on the school’s many accomplishments, we remember the many exceptional mentor-teachers who have graced the college with their wisdom and commitment to upholding the school’s proud tradition of excellence. That tradition was strengthened this year by the addition of four outstanding new law professors (pages 20–25). In addition to helping improve what is already a generous student-faculty ratio, they bring impeccable credentials, tremendous promise, and unabridged enthusiasm and energy to the classroom. As the academic year progresses, we will celebrate the school’s anniversary with numerous other events. We hope you will be able to join us for at least a few, as they honor you, our great alumni, as much as they honor your school. With my best regards, Symeon C. Symeonides Dean and Professor of Law 2 | Willamette Lawyer 9 Bar Passage in Oregon (First-Timers) 9 Bar Passage in Oregon (First-Timers) WUCL 90 Oregon Avg 90 WUCL MAJOR NEWS Oregon Avg. 85 87.8% 85 86.4% 84.9% 80 83.0% 81.6% 80 82.1% 81.0% 81.9% 78.8% 75 75 75.7% 75.6% 75.9% Willamette Leads75.2% the State (Again) in Bar Passage 74.0% 74.1% 74.0% 74.0% 70 73.3% 70 70.0% 65 65 67.0% 60 This year’s overall passage rate for Willamette’s first-timer takers This summer, Willamette University60 College of Law graduates surpassed their peers in Oregon State Bar and repeaters was 83.1 percent — the school’s highest overall passage rate since 1995 (88.6 percent) (chart 2). 55 2004 2005 examination2006 2007 2008 passage for the sixth55 consecutive year. 2004 2005 2006 2007 2008 Although Willamette’s average passage rate for the first five years Among Willamette’s first-time takers, 89.2 percent passed the July of the decade was below the state average (70.3 percent vs. 75.4 2008 examination. The state passage rate for all first-time takers percent), the school’s average passage rate increased to 83.8 was 81.4 percent (chart 1). Willamette’s 2008 passage rate for first- percent in the last five-year period (chart 3). Willamette’s passage time takers was the highest since 1995 (90.7 percent) and almost rate increased by 13.5 percentage points during the five-year three points higher than last year (86.4 percent). 9 Bar Passage in Oregon (First-Timers) 9 Bar Passage in Oregonperiod, (First-Timers) while the state average rose by less than three points. Chart 1 Chart 2 Chart 3 First-Time Takers First-Time Takers and Repeat Takers Five-Year Average Passage Rates WUCL WUCL 90 Oregon Avg. 85 90 Oregon Avg. 85 WUCL WUCL 84 83.6% 84 83.8% 89.2% 85 83 85 83 86.4% 82 82 84.9% 81 81 80 83.0% 80 83.1% 81.6% 82.1% 81.4% 80 80 78.8% Oregon Avg. 79 79 75 75 78.4% 78.3% 78 78 75.9% 75.7% 75.6% 75.2% 74.1% 74.0% 77 74.2% 77 74.0% Oregon Avg. 73.3% Oregon Avg. 70 75.4% 70 75.4% 76 76 75 70.0% 75 65 65 74 67.0% 74 73 73 60 72 60 72 71 WUCL 71 WUCL 70.3% 70.3% 55 70 55 70 2004 2005 2006 2007 2008 Avg. 99-03 2004 2005Avg.2006 04-08 2007 2008 Avg. 99-03 Avg. 04-08 “Congratulations to the graduates of the Class of 2008 for their outstanding performance on the Oregon State Bar examination. Their ability to outpace others in the state is a direct result of the hard work of our students and the law school faculty. Let’s keep up the good work.” – Dean Symeon C. Symeonides Fall 2008 | 3 125TH ANNIVErsary CELEbration Justice Ruth Bader Ginsburg Visits Willamette Willamette University College of Law welcomed U.S. Supreme Court Justice Ruth Bader Ginsburg to campus on Sept. 12 and 13. Ginsburg’s visit marked the first event in a yearlong celebration of the College of Law’s 125th academic year. Oregon Civic Justice Center Dedication Ginsburg participated in a ribbon-cutting ceremony during the dedication of the College of Law’s new Oregon Civic Justice Center on the morning of Sept. 12. Held on the front steps of the newly renovated building, the event drew more than 100 people, who gathered to witness this important milestone in the law school’s history. The crowd was welcomed by Dean Symeon C. Symeonides. He offered thanks to the generous benefactors who supported the building renovation and programs housed in the new center and to President M. Lee Pelton for his unwavering support of the law school’s educational mission. Symeonides also praised David R. Kenagy, dean emeritus of the law school and former executive director of the Oregon Law Commission, for conceiving the idea of the justice center.