lap; i l l ® O R IT Z C o lle g e o f L aw THE OHIO STATE UNIVERSITY Building a Great Law School !/'"| pSl he third law journal at the Moritz College of Law Dale Oesterle and the attraction of Larry Garvin, a makes its debut this autumn. When the Ohio State commercial law scholar from Florida State, add distinc­ Journal of Criminal Law comes off the press in tion to the business law faculty. In fact, the nine new a few weeks, it will be our third scholarly journal and is professors hired in the last two years enhanced area expected to be a must-read for anyone interested in the expertise in fields ranging from intellectual property criminal justice system. to dispute resolution. This new journal is a departure from more traditional In the meantime, preliminary work progresses on journals. Under the capable leadership of professors the corner of 11th Avenue and High Street where the Doug Berman and Joshua Dressier, the publication is new Buckeye Barrister Club and law student apartments peer-reviewed rather than student-edited. However, will be located. Both are scheduled to be ready in Moritz Law students continue to be critical to the August 2005. success of the journal, Work is complete on remodeling the student lounge. with a wide range of It features bright colors, new furniture, and a vendor who opportunities for them serves beverages, snacks, and sandwiches throughout the to become familiar with day. I invite you to stop by to have a cup of coffee or a scholarship and to develop soft drink with today’s students and to take a moment to editing skills. swap stories about professors and listen to their dreams. The content will also Glasses have been underway since August 18. At 269 be significantly different strong, the entering class is one of the largest groups in from traditional journals. recent years. They come from 27 states (including Ohio) Each issue will include a and six foreign countries, including Korea, Japan, ■ “symposium” of traditional Singapore, Taiwan, Albania, and Kenya, and represent articles on a single topic of 126 different undergraduate institutions. To see photos criminal law, such as the of their orientation, go to http://moritzlaw.osu.edu/ first—how criminal law communicatioris/newsreleases/orientation03.html. has changed since 9/11. Autumn seems to be a time for expressing gratitude. Dean Nancy H. Rogers But it will also include Our annual Honor Roll of Donors (see pages 16-24) is commentaries and reviews one way of saying thanks for your financial support over written on cutting-edge the last fiscal year. State funding now covers only one issues by others in the criminal justice system—judges, quarter of a student’s legal education. Your financial bailiffs, probation officers, even prisoners. support is vital in maintaining a great law school. The new journal is just one of the reasons we re proud As you can tell, Moritz Law is an exciting place to of the criminal law faculty and the program they’ve be and much of it is because of your support. You, our developed at Moritz Law. For that reason, we’ve featured graduates, your reputation, and your contributions help them in this issue (see page 5), and I hope you’ll take a make the corner of 12th and High a vibrant, energetic moment to go online and get to know them better at spot. Were grateful for your involvement in helping us http://moritzlaw.osu.edu/. build a great law school. The criminal law faculty is one of many points of excellence at Moritz Law. The filling of the J. Gilbert Reese Chair with preeminent corporate law scholar A u tu m n 2 0 0 3 Law Recoi ( 1 Moritz Law Administration Nancy H. Rogers Dean Allan J. Samansky ¡¡¡¡¡¡I Interim Associate Dean for Academic and Student Affairs « s i l l r Sharon Davies (on sabbatical) Associate Dean for Faculty Gregory M. Travallo Associate Dean for ^ J S I Professional Relations Kathy S. Northern (on sabbatical) C over Stories. Associate Dean for Academic The Ultimate Trial Experience by Jon Murphy and Student Affairs Bruce S. Johnson Associate Dean for Information 5 Criminal Law Curriculum Services Pamela H. Lombardi Assistant Dean for Alumni Relations 5 Journal of Criminal Law Joins Moritz Law Family Sheila Kapur ’68 by Jenifer Rasor ’87 Assistant Dean for Student Affairs and Public Programs Amee McKim ’94 F a c u l t y ? Assistant Dean for Reflections on a Quarter Century of Teaching Professional Development by Joshua Dressier Robert L. Solomon II '88 Assistant Dean for Admissions and Financial Aid and Director New Scholarship Fund Named for Professor Shipman of Minority Affairs by Shantell Feaser Liz Cutler Gates Director of Communications Faculty News Moritz Law Alumni Society Officers Keith Shumate '91 D evelopm ent President Honor Roll of Donors Reginald S. Jackson Jr. ’71 President-Elect A l u m n i . National Council Officers 25 In Memorium Charles C. Warner ’70 Chair 27 Alumni News Sally Bloomfield ’69 Vice Chair Pamela H. Lombardi 36 Moritz Law 2004 Alumni Awards Call for Nominations Secretary The Law Record Is published for the alumni and friends of the Moritz College of Law at The Ohio State University. Liz Cutler Gates Managing Editor Copyright 2003 by Moritz Law, The Ohio State University. Direct all inquiries, address changes, subscription orders, etc., to: Law Record Moritz College of Law The Ohio State University Drinko Hall 55 West 12th Ave. Columbus, OH 43210-1391 Phone: (614) 292-2631 Fax: (614) 247-7079 Also see changè of address card in the center of the magazine. OVER STORY by Jon Murphy The Ultimate Trial Experience illingness to work long same time, however, the effective hours, ability to cope with defense lawyer will have an eye to high stress loads, and the future and will aggressively work effective communication skills are to preserve the record so that all standard characteristics for the typi­ avenues of appeal can be tapped if the cal trial lawyer. But few trial lawyers jury does decide to impose a death find themselves in court with the ulti­ sentence. He finds the biggest mate stakes on the line: life or death. challenge a defense lawyer faces at Editor’s note: Jon Murphy is a second- For Moritz Law graduates Dennis the post-conviction stage is dealing year student at the Moritz College Balske ’74, Tracey Ballard ’98, Ron with the failure of defense lawyers to of Law. Prior to entering law school, O’Brien ’74, and Alexandra G auth­ effectively preserve the record at the he worked in media relations for ier ’95, working on capital cases is just trial level. the American Bar Association. Also another day at the office. For the past 11 years, Balske has contributing to this story was Chris For Balske, it wasn’t ideological been working for the Federal Public Hogan, a second-year law student opposition to the death penalty that Defender’s office in Portland, Oregon. and a former newspaper reporter. motivated him to become a public During that time, he’s worked on only defender and work on capital cases. one active death penalty case. The Rather, it was the challenge. “I rest of his work has mainly been thought it would be the ultimate trial consulting with defense lawyers on experience,” he says of taking up his post-conviction direct appeals and first death penalty ease, which he habeas corpus cases. tried less than a year out of law Balske recently left the Federal school. “I figured, if I can do this, Public Defender’s office to start his I can do pretty much anything.” own practice where he will continue Twenty- eight years later, he’s still at to work on death penalty habeas it—although he admits he’s had to corpus eases. As he explains, “They’re make some changes to stick with it for still intense work, but they suit me so long: “Eventually I burned out on better at this stage of my career than doing constant death penalty trial trial work.” work. Now, I find that doing an Tracey Ballard certainly knows how occasional trial is plenty.” all-consuming a capital trial can be. Balske spent eight and a half years An assistant Montgomery County with the Southern Poverty Law (Ohio) prosecutor, Ballard worked on Center in Montgomery, Alabama, the 2001 murder trial of Larry James during which death penalty trials Gapen. Gapen was convicted of were far more than just an occasional killing his ex-wife, her daughter, endeavor for him. Throughout this and another of her ex-husbands. period, capital cases consumed most Ballard says she and two colleagues of his time, and he learned that a assigned to the case worked every day successful defense attorney must learn for four months straight, averaging how to wear two different hats at more than 12 hours per day. Their once-—that of a trial lawyer and that only days off were Mother’s Day and of an appellate lawyer. Father’s Day. She says she and her He says a defense lawyer first and colleagues responded to more than foremost must try to humanize the 60 pretrial motions filed by the defendant and work to convince the defense—and each response was filed jury to acquit or impose life in prison within the same 30-day deadline. rather than a death sentence. At the Throughout the ease, they often 2 Law Record ■ AUTUMN 2003 COVER STORY worked diligently until security penalty in Ohio, there are certain guards asked them to leave at 10 p.m.