Clark Memorandum Fall 2023 by BYU_Law_Pubs

clark memorandum

J. Reuben Clark Law School Brigham Young University Fall 2023

c o v e r p h o t o g r a p h John Snyder

c o n t e n t s 2

Five Ways Law School Contributes to Life’s True Purpose Dean David H. Moore

Faith in Law A Q&A with President Dallin H. Oaks

18 Personal Religious Conviction and the Practice of Law Annette Wanlass Jarvis

memoranda dubai civil rights study tour

uganda and rwanda the lite group

10 four fathers in the law

EDWARD H.

L EVI

David H. Moore, p u b l i s h e r Lynnett Rands, e x e c u t i v e e d i t o r Maren Hendricks, e d i t o r Krista Hanby, a s s o c i a t e e d i t o r David Eliason, a r t d i r e c t o r Bradley Slade, p h o t o g r a p h e r

The Clark Memorandum is published by the J. Reuben Clark Law School at Brigham Young University, the byu Law School Alumni Association, and the J. Reuben Clark Law Society. © 2023 by Brigham Young University. All rights reserved. Send subscription inquiries to dbcoord@ law.byu.edu. To read a digital version, go to issuu.com/byulawpubs.

four fathers in the law

EARL

WARREN

Ways

i l l u s t r at i o n b y r i c h a r d m i a

Law School Contributes to Life’s True Purpose By David H. Moore, ’96 dean of byu law school

This article is adapted from remarks byu Law dean David H. Moore delivered to incoming first-year law students at byu Law’s Intro to Law on August 23, 2023.

love the beginning of the school year. I think that’s one reason why I’m a professor. Students return to the law building, bringing renewed energy. There’s the enthusiasm of a fresh start. The weather cools and we turn indoors to focus on the life of the mind. At the same time, beginning law school can be disorienting, especially for first-year students, who encounter new classmates, new professors, a new building, a new language (the language of the law), all in preparation for a new career. That’s a lot.

Fortunately, byu Law is more than just a top law school, though it is certainly that. In its short history, byu has reached the ranks of the country’s top law schools. byu Law faculty are engaging teachers who care about their students. They are also leaders in their fields who influence the theory, policy, and practice of law. byu Law students arrive with character, valuable experience, and credentials that are on par with students at the very best law schools. And Law School administrators and staff are talented and committed professionals. Even among top law schools, byu Law is unique. We combine faith and learning, heart and mind. We care about our students’ development both as lawyers and as disciples of Jesus Christ. As a result, at byu Law, orientation can go beyond the law building and our program of legal education to explore how legal education fits with life’s higher purpose. Life is, of course, about more than obtaining a law degree and making a living. It’s about qualifying to receive “all that [the] Father hath.”1 A legal education can prepare students for meaningful, rewarding careers and contribute to this higher goal. Let’s consider five ways legal training can not only produce top-notch lawyers but also prepare them for exaltation.

Develop Analytical Reasoning

B A

c l a rk

m em orandu m

Analytical reasoning is the bread and butter of legal practice; it lies at the core of “thinking like a lawyer.” This is what is tested on the lsat logic games section, which involves (as many of you may painfully remember) identifying and understanding a set of rules (A cannot sit next to B; C must sit across from D) and a set of facts (E is sitting next to F) and then applying those rules to the facts to determine the consequences. When the rules or facts change slightly, we evaluate how the analysis changes. This way of thinking can be different from what many nonlawyers are used to. In my undergraduate studies in political science, it was common to choose a conclusion and then argue effectively toward that conclusion. C Analytical reasoning, by contrast, requires us to look at all the possible permutations of applying the law to a set of facts, just as we would follow all the branches of a tree to appreciate the entire organism. When a branch forks, we examine both forks in our analysis. Since analytical reasoning is so critical, let me illustrate with a situation that my civil procedure students will recognize. I often begin my first class by sharing that I really love Hershey’s Symphony chocolate bars with toffee and almonds. Then I admit to the class, “I’m getting older. My warranty is expiring. I need to stay away from this sort of thing.” At this point, I present a king-size Symphony bar to my class and ask: “Will someone volunteer to take this? No strings attached, but it would be helpful to me if someone would take this and save me from eating it.” Even as I walk toward the student volunteer to relinquish the candy bar, I can feel the willpower draining from me until—ding—it’s gone. I tear open the wrapper and take a bite. “Oh,” I say to the disappointed student, “do you think you’re entitled to this?”

Analytical reasoning is not only critical to success as a lawyer, but it also enhances our ability to serve others as problem solvers. Let’s analyze this manufactured scenario. We have a set of facts. Now we want to ask how shared an experience in which she was the law would apply to these facts to ascertain whether my student has any hope of recovery. able to help a ward member collect child To do that, we have to identify the legal issues these facts present. support by identifying and analyzing the The first issue to consider might be, “Did we have a contract, or was the candy bar a member’s legal problem. She observes, gift?” A contract is an agreement, a meeting of the minds, that involves some sort of quid “There is no day in which you don’t have pro quo. I give something to my student and she agrees to give something to me. The law to make a decision or help somebody else will enforce contracts. think [through] a particular situation. It is A gift, on the other hand, is a unilateral act. Say you buy a present for someone for their one of life’s truly great skills.”2 The analytibirthday and then you think, “This is too cool. I’m keeping it!” The law in that situation will cal skills that Ruth Renlund developed in not require you to give the gift. law school allowed her to improve anothSo what did we have here: a contract or a gift? er’s life in a material way. On the one hand, I said I would give someone the candy bar without them having to do Lawyers’ problem-solving skills apply anything in return. No strings attached. If the candy bar was a gift, there is no legal recourse beyond legal issues to problems at home under contract law. Our analysis ends. But there are facts that might suggest there is a con- and church and in the community, nation, tract, and we must consider those as well. I also said it would benefit me if someone would and world. Lawyers know how to look at a take the candy bar and save me from eating it. Does that give rise to a contract? If so, there set of facts and identify the issues that need are additional issues to analyze—additional tree branches to follow—to determine whether to be resolved, recognize the principles that recovery is possible: did I breach the contract, and was that breach the proximate cause of govern, then apply those principles to the damages to my student? If the answer to these questions is yes, we might need to inquire facts to generate solutions. Similarly, lawabout possible defenses. yers learn to identify the stakeholders in a Whether or not there was a contract, there might be an issue in another area of law: torts. dispute, the processes that might be used to That’s another tree branch entirely. The law recognizes that some behavior constitutes a civil resolve a problem, and the consequences of wrong when it intentionally inflicts emotional distress. Did I commit that tort by offering a possible solutions. candy bar to my student in front of all her classmates on the first day of school and snatching This is one reason we refer to law as a it back? leadership degree. Lawyers who are adept at You get the point. Law students spend much of their time developing analytical reasoning analytical reasoning have problem-solving skills in order to apply the law to facts presented on an exam and in the real world. How does skills that are essential to effective leaderthe ability to reason analytically also help lawyers in their broader mortal journey? ship. Our graduates leave byu Law equipped Analytical reasoning is not only critical to success as a lawyer, but it also enhances to solve problems in their own mortal jourour ability to serve others as problem solvers. Sister Ruth Lybbert Renlund, an attorney neys and to serve and lead in ways that bless and senior fellow at the Law School’s International Center for Law and Religion Studies, others. clar k

m em orand um

Think Critically A second skill law students learn is critical thinking. In class, law professors ask students not only to identify the legal rules and apply them to a particular set of facts but also to evaluate those rules: “Did the court adopt the right rule? Does the rule produce desirable consequences? What are the assumptions behind the rule? Are those assumptions valid or are they based on pernicious stereotypes or an inaccurate view of the world?” The ability to think critically and identify flaws is a valuable skill. The law is not perfect. For example, principles that appear neutral may in fact have disparate impacts on people of different races or religions. Identifying and resolving serious problems creates a legal system that is more just and equitable. When I was preparing for law school, one of my undergraduate professors urged me not to go to law school, lamenting that it would change the way I think forever. Perhaps he was worried about some of the potential risks of critical thinking. This is a concern Elder Bruce C. Hafen, former dean of byu Law, addressed in an article titled “Ambiguity in Law and in Life.”3 Elder Hafen describes three levels of learning. Most of us start at level one, where we see things categorically. Everything is black or white, right or wrong. In this stage, it may be hard to see problems that need to be solved, because everything should either be embraced or rejected. As we learn and experience more of life, we enter a second level of learning where we realize things are more complex, more ambiguous. We begin to see gaps between the real and ideal. For me, my work in international human rights and development has highlighted the inequality in the world. I realize that my ability to speak freely, my freedom to choose my faith, my opportunity for education, my employment, my access to nutrition, and even my life expectancy depends in significant part on where I was born. At this second stage we might also develop questions or concerns that don’t have definitive answers. Or we might find answers that are challenging for us to accept. We may begin to see a lot more gray in the world and less black and white. Seeing so much gray can lead to skepticism, cynicism, and even a loss of faith. Moving from simple faith to simple skepticism “can actually be a switch from one shallow extreme to another,” Elder Hafen says. “The ability to acknowledge ambiguity is not a final form of enlightenment.” 4 It’s relatively easy to pop bubbles. The trick is not to let skepticism and cynicism become our worldview. Instead, our goal should be to move to the third level—a level characterized by mature faith. This level marries the prior two. Someone with mature faith recognizes that there are discrepancies between real and ideal and may have questions or face unsettling answers but can also recognize good and bad, right and wrong. At level three, we can see gray but also maintain faith. As Elder Hafen puts it, “[W]e see things not only with our eyes wide open but with our hearts wide open as well.”5 How do we do this? As we confront gray, we may need to rely more heavily on our faith in fundamentals: that God lives, loves us, and has a plan for us; that Jesus Christ is the Savior of the world and makes the plan possible; that Joseph Smith restored the gospel of Jesus Christ; and that the Church is led by a living prophet today. Reaching level three is critical not only individually but collectively. We need lawyers at level three who can simultaneously see problems and maintain the faith and hope that will motivate them to work toward the ideal with the skills developed in law school. We need lawyers “who combine faith and intellect in lifelong service to God and neighbor.”6 6

c l a rk

m em orandu m

Understand Sources of Law In law school, in addition to analytical reasoning and critical thinking, we learn about sources of law. When clients come with questions, a lawyer must be able to identify the governing law. When we speak of sources of law in the federal system, we are talking about the Constitution, statutes enacted by Congress, and regulations adopted by agencies like the Department of Education or the Department of Health and Human Services. We are also talking about judicial decisions. We learn that there is a hierarchy among these sources. The Constitution trumps an inconsistent federal statute; a statute prevails over a conflicting regulation. We learn that some parts of judicial decisions are binding (the holding), and other parts are dicta, which may or may not be persuasive in future cases. Some prior judicial opinions are right on point (they’re on “all fours,” we lawyers like to say), while others are only helpful by analogy. At byu Law, we speak of learning the laws of man in the light of the laws of God, and we provide the unique opportunity to do exactly that. We recognize that just as there are sources of law, there are sources of light and truth. These too have a hierarchy. My bishop shared a metaphor that illustrates how we might think about sources of light. He walks early in the morning and has noticed three sources of light. The first—car headlights—can illuminate, but their passing illumination can also be blinding, distorting, and fleeting. This illumination might represent messages coming from those around us who have no particular access to light and truth. The second type of light—reflected light from the moon—can at times be bright enough to cast a shadow. This light might represent knowledge and inspiration that comes from people who emulate the Savior, including professors. The last source—the light of the sun—represents light that comes directly from God through prophets and personal revelation. This light emanates from omniscience and so is the most powerful of the three. As we study law and policy, we must remember that it is never smart to distance oneself from omniscience. We must align ourselves with the ultimate source of light and truth.

Identifying and resolving serious problems creates a legal system that is more just and equitable. clar k

m em orand um

Prioritize During Intensive Learning 1 2 3

Law school provides a period of intensive learning. This is intentional. “The mission of Brigham Young University . . . is to assist individuals in their quest for perfection and eternal life. That assistance should provide a period of intensive learning.”7 Law school lives up to this charge. As I prepared for my first set of law school finals, I remember thinking, “They can’t possibly expect me to learn all of this.” They did. In periods of intensity, it is important to set priorities. In law school, those priorities include studying hard. But we can’t lose sight of our life’s purpose. Family is a top priority. Family sacrifices may be required and they should be made together. It is essential to maintain spiritual health by continuing to pray and read the scriptures daily. In law school I chose not to study on Sundays. That was a blessing for me spiritually. It also strengthened my mental health as it provided a day when I knew I could set down the demands of law school. It is also important to engage in service, physical exercise, and other activities that promote balance and provide opportunities to turn outward and bless others, including classmates.

Become Advocates During the intensity of law school, we learn to advocate. We write persuasive briefs and defend or promote a particular position in negotiations or in court. This is an important role. It is one of the Savior’s roles. He is our “advocate with the Father.”8 As advocates, we serve as stewards of others’ interests. Now, I purposefully use the word advocacy rather than argumentation. You’ve probably heard someone say, “That person should go to law school—they like to argue.” Yet we have been taught to avoid contention. This is not just good manners; it is a commandment: And again, the Lord God hath commanded that men should not murder; that they should not lie; . . . that they should not have malice; that they should not contend one with another; that they should not commit whoredoms; and that they should do none of these things.9 “[T]he spirit of contention,” the Savior taught, “is not of me, but is of the devil.”10 President Russell M. Nelson has reiterated, “Make no mistake about it: contention is evil!”11 Even though avoiding contention is a commandment, contention remains a significant problem, including among people of faith. President Nelson has shared his concern that “so many people seem to believe that it is completely acceptable to condemn, malign, and vilify anyone who does not agree with them.”12 This problem is not new. In Alma we read about Church members who persecuted others based on differing beliefs: “[T]hey began to be scornful, one towards another, and they began to persecute those that did not believe according to their own will and pleasure.”13 In our mortal journey, we cannot avoid conflict. As Elder Dieter F. Uchtdorf observes, “Conflict is inevitable. It’s a condition of mortality.”14 It’s also a condition of our profession. It’s what lawyers do: they address conflict. “Contention, however, is a choice,” Elder Uchtdorf continues. “It is one way that some people choose to respond to conflict. . . . We can choose a better way.”15 So how do we fulfill the commandment to not contend while dealing with conflict? President Nelson has the answer: “Charity is the antidote to contention.”16 Charity is a spiritual gift we each can develop. “When we humble ourselves before God and pray with all the energy of our hearts, God will grant us charity,” President Nelson explains. “Those blessed with this supernal gift are long-suffering and kind. They do not envy others and are not caught up in their own importance. They are not easily provoked and do not think evil of others.”17 8

c l a rk

m em orandu m

How do we fulfill the commandment to not contend while dealing with conflict? notes 1

Doctrine and Covenants 84:38.

2 Ruth Lybbert Renlund, “Think About It: The Value of Law School,” Clark Memorandum, Fall 2016, 21. 3 Bruce C. Hafen, “Ambiguity in Law and in Life,” in Life in the Law: Religious Conviction, vol. 3 of Life in

This does not mean that lawyers are soft. As Elder Neil L. Andersen says, “Peacemakers are not passive; they are persuasive in the Savior’s way.”18 Lawyers have a professional responsibility to be zealous advocates, but we can do this without hatred or disrespect for those with whom we disagree. Let’s renew our commitment to charity and civility now. The impact on our communities will be tremendous, as is illustrated by two contrasting societies in the Book of Mormon. In 4 Nephi we read about the Nephite civilization after the Savior came when

the Law, ed. Jane H. Wise, Scott W. Cameron, and Galen L. Fletcher (Provo: byu J. Reuben Clark Law Society, 2013). 4

Hafen, “Ambiguity in Law and in Life,” 33.

Hafen, “Ambiguity in Law and in Life,” 34.

6 “Mission and Objectives,” byu Law School, law.byu. edu/about/mission-and-objectives. 7 The Mission of Brigham Young University (Novem-

there was no contention in the land, because of the love of God which did dwell in the hearts of the people. . . . [A]nd surely there could not be a happier people among all the people who had been created by the hand of God.19 In contrast, the introduction to the book of Alma reads, “An account of the reign of the judges, and the wars and contentions among the people.”20 When the history of our community at byu Law is written, I want it to look far more like 4 Nephi than like Alma. That depends on each of us. It requires each of us to seek charity and learn civility in advocacy and in our disagreements. How we advocate is important to both our professional achievement and to our ultimate success in this mortal journey.

conclusion A legal education can lead to a meaningful, rewarding career. But a legal education can do much more, particularly at byu. A byu Law education prepares leaders who are problem solvers, nurtures mature faith, teaches the law under the ultimate source of light, prompts prioritization, and trains advocates who possess charity and civility. In short, a byu Law education offers not just a professional path but progression on the path to eternal life.

ber 4, 1981). 8

Doctrine and Covenants 29:5.

2 Nephi 26:32.

3 Nephi 11:29–30.

11 Russell M. Nelson, “Peacemakers Needed,” Liahona, May 2023, 99. 12

Nelson, “Peacemakers Needed,” 98.

Alma 4:8.

14 Dieter F. Uchtdorf, “Five Messages That All of God’s Children Need to Hear,” byu devotional address, August 17, 2021. 15

Uchtdorf, “Five Messages.”

Nelson, “Peacemakers Needed,” 100.

Nelson, “Peacemakers Needed,” 100–1.

18 Neil L. Andersen, “Following Jesus: Being a Peacemaker,” Liahona, May 2022, 18. 19

4 Nephi 1:15–16.

Introduction to the book of Alma.

clar k

m em orand um

a q & a w i t h p r e s i d e n t da l l i n h . oa k s First Counselor in the First Presidency of The Church of Jesus Christ of Latter-day Saints and Former President of byu

FAITH IN

LAW David F. Levi interviewed President Dallin H. Oaks on faith, democracy, and how believers and nonbelievers can work together toward a more free and fair society for all. This article was originally printed in Judicature (Duke University School of Law) 107, no. 1 (2023): 62–69.

photograph by bradley slade c lark

m em orand um

t a time when Americans seem so divided on many issues, including issues related to religious belief and practice, the perspectives of faith leaders who can guide the words and actions of followers are especially important to the public discourse. Dallin H. Oaks is first counselor in the First Presidency and president of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, and—as a former lawyer, law professor, university president, and state supreme court justice—he offers unique insight on the role of faith in public life and service. Born in Utah in 1932, Oaks has had two long careers—one in the law, and one as a leader of his church. Today, he is second in seniority among his church’s ordained apostles and is very active in leading The Church of Jesus Christ of Latter-day Saints, which has more than 17 million members in 208 nations and territories. A graduate of Brigham Young University and of the University of Chicago Law School, Oaks practiced law and was a professor at the University of Chicago before becoming president of byu in 1971. In 1973 he helped to establish the J. Reuben Clark Law School at byu. He served as a justice of the Utah Supreme Court from 1980 until his resignation in 1984 to accept a calling to become a member of the Church’s Quorum of the Twelve Apostles. David F. Levi, former chief judge of the US District Court for the Eastern District of California, the James B. Duke and Benjamin N. Duke Dean Emeritus of Law at Duke Law School, and director emeritus of the Bolch Judicial Institute at Duke Law School, interviewed Oaks as part of his podcast series Judgment Calls, which highlights the personal lives and careers of distinguished judges. This interview was conducted in late 2022 for publication in Judicature. It has been lightly edited for style.

As you look back on your legal career, might you reflect on what stands out to you now—what was most challenging and what was most satisfying to you?

The most satisfying parts of my 30 years in the legal profession—the things I remember most vividly and recall with the greatest pleasure—were circumstances where I related to and helped individual persons. This was mostly where I was fulfilling a court-imposed responsibility to represent an indigent client. Practicing, as I did, in a large law firm with mostly corporate clients, the most unfavorable experiences were those where I was being consumed by legal drudgery—preparing for or responding to discovery efforts in large corporate litigation.

Many of our readers are judges, and I am sure that they would be interested in any reflections you have on your time as a justice of the Utah Supreme Court. Did you enjoy that work?

In general, I enjoyed my three-and-a-half years on the Utah Supreme Court more than any time in the rest of my 30 years in the legal profession. Why was this? Partly because this was a time of great learning, since the cases in that court mostly involved areas of the law with which I was not familiar from my earlier activities or were matters of first impression in the law. I felt that my personal desires and experiences matched best with the writing activities of an appellate judge. I loved writing opinions that would clarify the law in a doubtful area, improving lawyers’ abilities to help their clients avoid expensive litigation.

c l a rk

m em orandu m

You are a person of deep faith. Can you speak about how your faith and work in the legal profession came together or might have been in conflict?

As a person of faith, I believe in God and his laws. The idea of obedience to law is ingrained in Latter-day Saints. An important divine revelation through Joseph Smith, the founding prophet of The Church of Jesus Christ of Latter-day Saints, declares that There is a law, irrevocably decreed in heaven before the foundations of this world, upon which all blessings are predicated— And when we obtain any blessing from God, it is by obedience to that law upon which it is predicated.1 As to possible conflict between my religious faith and my legal work, I was fortunate that, in my 30 years in the legal profession (as a law student, practicing lawyer, professor of law, president of a university establishing a new law school, and justice on the Utah Supreme Court), I rarely experienced any such conflict. Instead, I was blessed with associates who respected my faith, and I encountered no circumstances that pressured me to compromise my ideas of right and wrong as I represented clients or taught or sought to improve the law. My personal experiences almost always affirmed my belief that our legal profession was generally committed to its highest goals of working within the Constitution and laws of the United States to serve the needs of its citizens and residents. Thus, my religious faith, which taught me the importance of service, affirmed the highest ideals of my work in the legal profession.

u n i v er s i t y o f c h i c ag o p h oto gr a p h i c a rch i ve , [a p f1- 0374 5 ], h a n n a h olbor n gr ay sp eci a l collecti on s r ese a rch c e n te r, u n i ve r si ty of c h i c ago li b r a ry.

In your talk “The Beginning and the End of a Lawyer,” you speak about your mentors in the law. You have highlighted four “fathers in the law,” each of whom taught you something that cannot be learned any other way. Those four are my father, your dean and colleague Edward H. Levi; your stake president John K. Edmunds; Chief Justice Earl Warren, for whom you clerked; and Justice Lewis F. Powell, with whom you worked before he was a Justice, when he was president of the American Bar Association. Could you speak to the impact each of these men had on your development?

I have publicly recognized these four men as my earliest mentors in the law—“fathers in the law,” I termed them. In the order that they taught me, my first father in the law was Dean Edward H. Levi of the University of Chicago Law School. By example and precept, he introduced me to the goodness of the law and the legal four fathers in the law profession: The law is generally founded on what is right and good and workable; the legal profession is not just engaged in earning a living; and lawyers and judges should be engaged in making the law and its administration what it ought to be for the good of the people and the country. EDWARD H. I saw Dean Levi as a man without self-promotion who was fundamentally grounded in what he believed to be right. He was a superb teacher, not just concerned with the content of the ever-changing law, but primarily with teaching law students and the profession how to think straight, on sound principles. He was my mentor, beginning with  his positive recommendation that secured me a clerkship in the US Supreme Court as I graduated from law school. Later, when he proposed that I leave the practice of law and join his He introduced University of Chicago law faculty, he spoke respectfully of my religious faith and belief in personal revelation when he said, “I know you will want to pray about this decision.” me to the John K. Edmunds was my stake president in The Church of Jesus Christ of Latter-day Saints during the first eight years of my residence in Chicago. He was both an outstanding goodness of lawyer and an exemplary Latter-day Saint. I came to know him better than any practicing lawyer to that point in my life. This remarkable man had a profound influence on my spirithe law tual growth. His example and his sermons inspired and motivated me and had a uniquely powerful influence in helping me keep my feet unwaveringly on the path of faith during the and the legal often-troubling years of graduate study. He was my spiritual role model. My first employer in the law was Chief Justice Earl Warren of the United States Supreme profession. Court, for whom I clerked from 1957 to 1958. I loved clerking for him. He was a kind and considerate employer, friendly, and utterly without guile. I developed a profound affection  and respect for him. He was a mentor whose association has benefited me to this day. f o u r f a t h e rs in the law From his long public service, notably as attorney general and governor of California, Earl Warren was well-experienced and mature in judgments about the operations of government. He was impressive as the presiding officer of the nation’s highest court and of the judicial branch. With youthful arrogance, I once confided to my journal that “the Chief isn’t much EARL on splitting hairs with a fine legal distinction, but he’s long on good old common sense.” He was an exemplary public servant. Even when my conservative inclinations sometimes put me at odds with some of his judicial approaches, my experience with the Chief taught me how persons of differing opinions, such as different lawyers or lawyers and their clients, can work side by side with respect and even affection. The fourth of my fathers in the law was Lewis F. Powell, a Virginia lawyer and former president of the American Bar Association (aba), who later became a Justice of the United States Supreme Court. During the course of my career as a law professor, Powell hired me to be the executive director of the American Bar Foundation, the aba’s legal research arm, for which he was chairman of the board. I esteemed him for his many great qualities, but the thing that makes him one of my foremost mentors was what he taught me about the respective roles and functions of a chairman of the board and the chief executive officer of an organization. I had

L EVI

WA R R E N

clar k

m em orand um

four fathers in the law

J O H N K.

E D MU NDS 

He was both an outstanding lawyer

In the same talk, you also speak about the continued importance of your legal experience and understanding of the ways of the law, even after you were no longer a lawyer. Do you still find this to be true almost 40 years later? Has your career in the law informed your church service?

Since graduating from law school, I have had 65 years of full-time employment; less than half of that has been as an active member of the legal profession. However, all of my employment has been significantly enhanced by my legal training, and that has rarely been because of my knowledge of some contents of the law. Legal training is valuable for other reasons. It teaches how to analyze and approach problems—how to identify and focus on the important issues and how to separate what is important from what is unimportant. One learns to identify which facts are relevant to resolving issues in the context of laws or policies and how those facts can be proven. Legal training also teaches the importance of “due process” (to use the legal term) to enhance the likelihood that a decision will be fair, and will be seen as fair, to persons and organizations who relate to one another in a society governed by laws and policies. Finally, I have learned that the practice of law offers insights and opportunities to reduce strife and serve mercy as well as justice. This is of special benefit in my church service.

and an

Last year you gave an important talk to members of your church on “Defending Our Divinely Inspired Constitution.”2 As the title suggests, you, like others before you, includexemplary ing George Washington, consider the US Constitution to be divinely inspired. You point to the many compromises and difficulties in both its drafting and ratification, as well as the Latter-day perilous position of the country in those early days. I learned from your talk that it is part of f o u r f a t h e r s i n t h e l a w the scripture of your church that the US Constitution was established “by the hands of wise Saint. men whom [the Lord] raised up unto this very purpose.”3 Could you speak about your constitutional scholarship and your religious belief that the Constitution is divinely inspired? 

L E W I S F.

P OWE LL

c l a rk

m em orandu m

Our Constitution has served us well, enhancing freedom and prosperity during the changed conditions of nearly 250 years. As a student of history, I am impressed that the United States Constitution is the oldest written constitution still in force today. At a time when all the world’s peoples were ruled by kings or tyrants, the Framers had the unique opportunity to establish a constitutional government founded on the sovereignty of the people. The various colonies were so deeply divided on fundamental issues that the success of their effort was “little short of a miracle,” according to George Washington.4 I consider the United States Constitution to be inspired because God has declared it so, as I explain later, and because its many wise principles reflect God’s guiding revelation to its Framers. The doctrine of the church I represent and the beliefs of many other religious people maintain that believers must have the freedom and protection of the law to make choices and carry out the activities required by God’s plan for the salvation of His children. That is why the United States Constitution and its modeling influence on the constitutions

cou rtesy of ja n e t h e r rod

never served on a board or worked under the direction of a board, so this was an entirely new experience for me. I could not have had a better teacher than Lewis Powell. He was brilliant in defining the respective responsibilities of chairman, chief executive, and staff. He was also a persuasive teacher of how to present matters to obtain fruitful discussions in the board and to create clear board decisions to guide the staff. Each of those roles provided valuable preparation for my future service. To cite only two examples, I was later to work with a board of trustees when I was president of Brigham Young University, and I served as chairman of the board of the Public Broadcasting Service.

h a r r i s & ew i n g p h otogr a p h y fi r m

L EVI of so many other nations is so meaningful to the worldwide Church of Jesus Christ of Latter-day Saints. Our doctrinal position that the United States Constitution is divinely inspired comes from an 1833 revelation to Joseph Smith, our founding prophet. To guide the members of our church in how they should react to the losses suffered when mobs expelled them from Jackson County, Missouri, the Lord directed them to continue to seek redress from government authority: According to the laws and constitution of the people, which I have suffered to be established, and should be maintained for the rights and protection of all flesh, according to just and holy principles; That every man may act in doctrine and principle . . . according to the moral agency which I have given unto him, that every man may be accountable for his own sins in the day of judgment. Therefore, it is not right that any man should be in bondage one to another. And for this purpose have I established the Constitution of this land, by the hands of wise men whom I raised up unto this very purpose.5 This revelation teaches us great truths. First, we learn that God grants us moral agency and, consequently, we are not only free to choose and to act according to our choices, but we are also accountable to God for those choices. Second, the most desirable political condition for the exercise of agency is maximum freedom for persons to act personally without tyrannical dictate. Third, we are instructed that slavery or human bondage in any form is an evil that interferes with the God-given right to exercise moral agency. Finally, the revelation explains that God “suffered to be established” the United States Constitution “by the hands of wise men” raised up for this purpose, which he identified as the maintenance of “the rights and protection of all flesh, according to just and holy principles.” For all the above reasons, the members of the Church of Jesus Christ honor the United States Constitution and seek to establish and apply its inspired principles in all the nations in which they reside.

In the same talk, you say that the Constitution is always a work in progress, and that not every provision is divinely inspired and sanctioned. You note some of the glaring imperfections in the original Constitution, primarily its tolerance of slavery. You identify certain fundamental principles in the Constitution that are divinely inspired. Could you explain?

Our belief that the United States Constitution was divinely inspired does not cause us to believe that God revealed every word and phrase. The Constitution was not perfect in its first iteration and, through persistent application of its inspired principles, has had to be strengthened and corrected over time. Examples include the amendments abolishing slavery and giving women the right to vote. By my own scholarship I have identified five principles of constitutional government that I deem divinely inspired: 1 The source of government power is the people, not a king or queen ruling by divine right. 2 Delegated power divided between the nation and its subsidiary states. 3 The separation of powers among independent executive, legislative, and judicial branches of government. 4 The cluster of vital guarantees of individual rights and specific limits on government authority in the Bill of Rights, adopted by amendment just three years after the Constitution went into force. 5 The vital purpose of the entire Constitution, that the people are to be governed by law and not by individuals, so that our loyalty is to the Constitution and its principles and processes, not to any office holder.

four fathers in the law

EARL

WA R R E N 

He was a kind and considerate employer, friendly, and utterly without guile. 

clar k

m em orand um

Your talk emphasizes the importance of compromise even on matters of great importance. Can you expand on that point?

How do we live through this time of toxic political partisanship? Compromise must obviously be sought, but that is not a good label for our goal, because it seems to focus on what is given up, not what is gained. “Principled accommodation” is a better label. We approach this by seeking an accommodation under which contending parties identify and preserve the deepest interests of the greatest number of parties through mutual respect, principled toleration of differences, and shared commitment to the common good. For example, our country is still painfully unsettled in attempting to manage the relationship between religious freedom and nondiscrimination. We need to seek a better way for the respective advocates of religious freedom on the one hand and nondiscrimination regardfour fathers in the law ing sexual identity and sexual orientation on the other to relate to one another as fellow citizens dedicated to maintaining a civil society. We need each other. We need a more workable balance between these important rights. Our common goal should be laws that serve the L E W I S F. rights of all: “one Nation under God, indivisible, with liberty and justice for all.”6 I advocated such a position in a recent talk at the University of Virginia.7 There, I spoke hopefully of the possibility of reconciling existing conflicts between the proponents of religious freedom and  nondiscrimination—two competing constitutional rights. I tried to chart a way that honors both the free exercise of religion and the equal He was protection of the law. I have been gratified that others, such as Professor William Eskridge of Yale Law School, have expressed interest in pursuing the possibility of principled negotiation brilliant in and peaceful settlement of these painful contests.8 In this effort, we should be especially wary of the idea that one set of rights should thordefining the oughly trump another in all circumstances. We should not expect or seek total dominance for our own positions. Constitutional rights are not absolute. For example, even though the respective First Amendment obviously guarantees the right to exercise or practice religious beliefs and affiliations, that vital right is not absolute. Advocates for religious freedom should yield responsibilities to the reality that in a nation with citizens of many different religious beliefs or disbeliefs, the government must sometimes limit the right of some to act upon their beliefs when it is of chairman, necessary to protect the health, safety, and welfare of all. Where there is genuine conflict, one constitutional right should not be invoked to try to chief executive, cancel another constitutional right. Both need to be balanced legally and negotiated politically in a way that upholds both essential rights to the greatest extent possible and, thereby, and staff. serves the common good. Our federal courts have had almost a century of trying to develop a principled standard  for balancing conflicts between the competing constitutional rights of free exercise and nondiscrimination. This commendable effort has not succeeded. Most legal scholars have criticized the workability of the resulting body of case law. Some even doubt whether it is possible to articulate an overall principle for resolving these competing rights. Perhaps we must continue with the current state of dissatisfying uncertainty, resolving prime conflicts mostly on an individual basis. But perhaps litigation should not continue to be the first recourse in seeking to resolve these conflicts. What is needed is not a declaration of the winner in a legal contest but a body of wise public policy. Courts are constitutionally limited to resolving the specific cases before them. They are ill-suited to resolving the overarching, complex, and comprehensive policymaking that is required when there are conflicts between various great values in a pluralistic society. This was illustrated in Utah’s success in resolving a head-to-head conflict between free exercise of religion and nondiscrimination in housing and employment. This effort began

P OWE LL

c l a rk

m em orandu m

rob e rt s. oa kes

E D MUND S

WE BELIEVE that God charges us to exercise

our influence within the framework of our national constitutions and laws and, on contested issues, to act civilly and peacefully to moderate and to unify.

with a Salt Lake City ordinance that was first proposed in 2009 and finally more broadly resolved in a state law passed in 2015.9 It took about six years to work out the reconciliations that granted both sides significant benefits—a win-win outcome—that could not have been obtained without the balancing of interests made possible by the dynamics of principled negotiations in the legislative process.

Toward the end of the talk, you speak about a citizen’s responsibilities under an inspired constitution. You note that the Founders often spoke of the need for virtue in the citizenry. What are these responsibilities, and what is the nature of this virtue in our time? The Church of Jesus Christ of Latter-day Saints’ official declaration of belief regarding governments and laws in general gives Latterday Saints an increased responsibility to uphold and defend the United States Constitution and its principles of constitutionalism. It declares that “governments were instituted of God for the benefit of man; and that he holds men accountable for their acts in relation to them,” and that all “are bound to sustain and uphold the respective governments in which they reside.”10 Consequently, Latter-day Saints are committed to be law-abiding citizens, supportive of their national, state, and local governments. We believe that God charges us to exercise our influence within the framework of our national constitutions and laws and, on contested issues, to act civilly and peacefully to moderate and to unify. Our members are also responsible to seek out and support wise and good political leaders who will further inspired principles in their public actions.

The late Jonathan Sacks, the chief rabbi of the United Kingdom, in writing about the need for faith, including religious faith, said, “Without faith in our fellow citizens, we would not have a free society.” Do you agree? How do we maintain, support, and recover this kind of faith “in one another” in such a diverse country with so many perspectives and experiences, so much history, and so many points of possible friction? We surely need faith to strengthen and ensure our free society. Religious faith—with its teachings of accountability to God—is a most effective instrument for that purpose. In addition to making this point, the late Rabbi Sacks also taught that religion is “the most powerful community builder the world has known. . . . [T]he best antidote to the individualism of the consumer age.”11 The Latterday Saint belief that we are all children of God is the reason for our desire to use our religious freedom to help the communities in which we live while seeking to interact peacefully with the culture and religious differences of others. And because we believe in individual

repentance, through which people can abandon past misdeeds and truly change, we are better situated to live with shortcomings in how the children of God—ourselves included—treat one another. Of course, religious ideals struggle to be taught and practiced in a hostile or repressive environment. Religious faith and practice need religious freedom, and I believe that this freedom is most secure if it is defined to protect nonbelievers as well as believers. People without religious faith can have other means to encourage the kind of confidence and trust in one another that will unite us to work for a free society.

President Oaks, thank you very much for sharing your reflections on your life of service in the law and in your church. I so appreciate your thoughtful assessment of the role of religious communities in upholding and sustaining our democracy and our Constitution and your hopeful view that people of different faiths and beliefs can come together to ensure that we all benefit from the promises and rights in our Constitution. It is an honor to be in discussion with you in the pages of Judicature.

Thank you for the significant questions you have posed. I hope our discussion is useful to many others who are also committed to the wise and inspired principles in our Constitution: individual freedoms and separated powers of governance. notes 1

Doctrine and Covenants 130:20–21.

2 Dallin H. Oaks, “Defending Our Divinely Inspired Constitution,” Liahona, May 2021, 105 at 108. 3

Doctrine and Covenants 101:80.

4 George Washington to the Marquis de Lafayette, Mount Vernon, February 7, 1788, at Founders Online, National Archives, founders.archives.gov/documents /Washington/04-06-02-0079. 5

Doctrine and Covenants 101:77–80.

The Pledge of Allegiance, 4 USC § 4 (2013).

7 Dallin H. Oaks, “Going Forward with Religious Freedom and Nondiscrimination,” speech, University of Virginia, November 12, 2021, at mormonstudies.as.virginia .edu/event/dallin-h-oaks-going-forward-with-religious-freedom-nondiscrimination. 8 See William K. Eskridge, “Mediating lgbtq Equality and Religious Liberty Clashes,” speech, University of Virginia, September 22, 2022, at mormonstudies .as.virginia.edu/event/william-eskridge-mediating-lgbtq-equality-religious -liberty-clashes. 9

Oaks, supra note 7.

Doctrine and Covenants 134:1, 5.

11 Jonathan Sacks, “The Moral Animal,” Opinion, The New York Times, December 23, 2012.

clar k

m em orand um

and the Practice of Law BY ANNET TE WANL ASS JARVIS international chair of t h e j . r e u b e n c l a r k l aw s o c i e t y

Illustrations by Carole Henaff

clar k

m em orand um

ow do my personal religious convictions influence the way I practice law? This question is somewhat difficult to assess because these convictions are so intertwined with who I am. They are integral to the decisions I make, the way I live my life, and how I approach my profession. However, in thinking this through, I have concluded that my religious convictions directly improve how I practice law, and they are essential to both my success and my personal fulfillment.

MY FAITH REQUIRE S HIGH STANDARDS The 13th article of faith declares, “We believe in being honest, true, chaste, benevolent, virtuous, and in doing good to all men.”1 These beliefs are bedrock ethical rules for Latter-day Saints. Lawyers are bound by additional ethical rules that are essential to the integrity of our judicial system. I view all of these rules as fences that prevent Latter-day Saint lawyers from straying onto unethical ground. By striving to live according to the 13th article of faith, we can avoid getting close to these ethical fences. On a few occasions, clients have asked me to do something that I did not believe was right. Even if the request was within the bounds of legal ethical rules but outside the bounds of my own sense of right and wrong, I have politely declined to do what was asked. In each instance, I have explained to these clients that my reputation is my own, not theirs, and if they want an attorney to do what they’ve asked, they should find another attorney. In each case, the client has backed off and acceded to my sense of right and wrong. In selecting clients, we do not have to represent clients who we do not believe are acting in good faith. The very first law partner I worked for taught me that I should trust my gut feeling when taking clients and that large retainers and the potential of making a lot of money should never compromise my ethics and reputation. Years ago I had a memorable conversation about ethics with my son, who has a PhD in philosophy. We discussed the idea of situational ethics, which bases moral decision-making on context or circumstance. My ethics are not dependent on circumstance but are rather founded on deep-seated religious beliefs about right and wrong. “But what about those without foundational beliefs?” I asked him. “Do you think people can maintain ethical behavior in the face of dire negative consequences or delayed gratification?” As we discussed this, we agreed that having a fundamental belief system is an essential part of maintaining ethical behavior in the face of tempting rewards or negative consequences. Our religious beliefs give us an independent basis for honesty and virtue and a high fence for ethical behavior. I was recently involved in a case in which an attorney was sanctioned quite severely for violating a protective order entered by the court. A judge who got involved in the case as a mediator instructed all of the lawyers involved that, as officers of the court, we owe allegiance to the court and have a duty to abide by its orders, whether we agree with them or not. He reminded us that a process for disagreeing with orders is built into our legal system—that of the appeal or request for rehearing—and if we expect clients and opposing parties to abide by the fundamental decisions of our courts, we must do the same. These foundational rules underlying our legal system are easier to abide by when they are accompanied by our personal religious convictions regarding honesty and accountability.

This article is adapted from remarks delivered at the annual Women in Law luncheon in Salt Lake City, Utah, on March 29, 2023. 20

c l a rk

m em orandu m

MY FAITH ELEVATE S MY PROFE SSIONALISM Professionalism in a legal practice is really a principle of respect for everyone. This is sometimes easier said than done. We are hired to solve disputes that our clients cannot solve themselves. We offer expertise and add objectivity in situations that are sometimes highly emotional. When I started my commercial bankruptcy practice, I thought I was getting into an area of law that was relatively low stress and, unlike family law for instance, was neither personal nor emotional. I was dealing with businesses—either companies in financial distress or their commercial creditors. What I didn’t appreciate was that commercial bankruptcy is very stressful because bankruptcy lawyers deal with businesses on the edge of disaster. It is personal because people own these businesses and are responsible for employees, customers, and investors. It is highly emotional.

Commercial bankruptcy cases sometimes involve fraud, intentional torts, or crimes. These legal problems must be worked out in a truncated process because businesses in financial distress have limited time to find solutions. Ultimately, lawyers are problem-solvers, and staying professional and civil as we deal with difficult circumstances and difficult people is an important part of getting our job done. This can be challenging, particularly when cases drag on, attorneys or clients push back, or uncivil behavior creeps in. This is when the bedrock ethics of our faith help us. Our profession teaches us to be civil towards others. Our faith teaches us to love others. When we love others, we will have civility and respect for others, even the “unlovable” in our profession. In his April 2022 general conference address, Elder Gary E. Stevenson reminded us that our faith teaches us to love and respect others, even when it is not returned: Whenever we show Christlike love toward our neighbor, we preach the gospel—even if we do not voice a single word. . . . We do this expecting nothing in return. Our hope, of course, is they will accept our love and our message, though how they react is not within our control. What we do and who we are certainly are.2 In an October 2018 address, Elder Dieter F. Uchtdorf explained the practical meaning of loving others: It is this endless compassion that allows us to more clearly see others for who they are. Through the lens of pure love, we see immortal beings of infinite potential and worth and beloved sons and daughters of Almighty God. Once we see through that lens, we cannot discount, disregard, or discriminate against anyone.3 While I have surely been imperfect in my efforts, I try to remember these teachings. I rely on the reputation I have built out of good, honest work. In contentious cases, I try to ignore others’ slights, focusing instead on what needs to be accomplished for my clients. I try to always be respectful to other attorneys, even when that respect is not reciprocated.

One of my recent cases involved a mediation where prolonged litigation and difficult damage claims heightened emotions on all sides. Both the mediator and the client thanked me for my calm demeanor, my willingness to ignore insults, and my dedication to finding a solution. In another contentious case, my opposing counsel began denigrating me in court. I reminded myself that the judge knew me and that my actions would speak louder than these unfounded criticisms. I ignored the slights and stuck to the substance of my argument, ultimately prevailing on a key motion. Maintaining professionalism, however, does not mean you have to take abuse from opposing counsel. When I started practicing law, there were few women lawyers here in Salt Lake City, and I suffered through a lot of intimidation from opposing male counsel. I eventually grew accustomed to speaking calmly to a screaming attorney on the other end of a phone call. Recently, I had a similar experience with a young female partner. Two opposing counsel called us to discuss some difficult issues and then began to scream at us. My partner was surprised and unable to respond. When my efforts to redirect the conversation to a more civil dialogue failed, I politely told them that while we appreciated the call, it was not productive and we were hanging up. My colleague was both relieved and empowered. She learned that we should engage in dialogue with opposing counsel to try to work out problems but do not need to endure disrespect or abuse. I recently heard a lecture by Arthur Brooks, a devout Catholic social scientist and a columnist for The Atlantic. His book Love Your Enemies addresses how to find common ground and engage in dialogue with those with whom we are diametrically opposed.4 In it he gives these suggestions: 1 “Stand up to people on your own side who trash people on the other side. . . . Contempt is destructive no matter who expresses it.”5 2 “Make sure you offer five positive comments for every criticism. . . . Respond with kindness. Want to say something insulting about people who disagree with you? Take a breath, and show love instead. . . . Though we may not ultimately agree on every issue, we can still come to understand one another.” 6 3 “The key to being nicer and happier is gratitude. . . . [I]t’s hard to feel gratitude, especially when we face people who treat us with hostility or contempt. This is exactly when we need gratitude the most.”7 On this point, I would like to add that we should follow our Christian teachings to be kind, to be humble, to be generous with our time and talents, to be empathetic, to avoid jealousy, and to give due credit.

MY FAITH HEIGHTENS MY WORK ETHIC Latter-day Saints have a reputation for being hard workers. I like that reputation. It was exemplified by my grandfather, who did not finish high school because he was needed on the farm after his older brother died in the 1918 flu epidemic. He worked as a sugar boiler at a sugar beet plant before he moved from Utah to California to work as an assembly line worker in a car manufacturing plant. These were not glamorous jobs, but they taught him the importance of doing his best and always giving a fair day’s work for his pay. He shared these Sylvan George Wanlass clar k

m em orand um

have been sanctioned, disbarred, or even imprisoned for breaking them. Again, my faith helps me remember that I represent a client who is entitled to fair and honest treatment. This means billing only the hours needed to get the job done and only the hours worked, foregoing fees from a litigated solution when a negotiated solution is a better option for a client, and advising a client based on their best interest and not necessarily mine. I didn’t expect to succeed in my career except through hard work. Nor have I ever expected to get a good result for a client without carefully preparing for hearings, educating myself, strategizing, and even forgoing sleep if necessary. That is a legacy of my religious beliefs.

My Faith Make s Me a Bet ter Leader Annette Wanless Jarvis and her grandfather, Sylvan George Wanlass.

lessons with me. As we worked together in the yard—whether painting a fence or planting a garden—he insisted on my best work. He was a perfectionist, and shoddy work was never acceptable. His high standards grew out of his faith in God, his dedication to gospel principles, and his belief that work ethic yields honesty and integrity. J. Richard Clarke, former counselor in the Presiding Bishopric, stated, “Work is a blessing from God. It is a fundamental principle of salvation, both spiritual and temporal. . . . [T]he Lord knew that from the crucible of work emerges the hard core of character.”8 He further explained: This intense commitment to the work ethic is our tradition. Mormon industry has left its mark upon every piece of land we have occupied. Missouri, Nauvoo, the Salt Lake Basin, and all the valleys of the mountains where the Saints have settled are famous monuments to Mormon toil. Of this period, President J. Reuben Clark observed: “We moved under our own power, without subsidy, without loan, wished on our way only by the maledictions of those who drove us out from our own homes and then appropriated, without paying for it, the property they forced us to leave behind. . . . “So we struggled on against want and misery; toil and hardship were with us daily. . . . “But the Church survived; the people prospered. Character endured intact.”9 During my career, I have watched attorneys get in trouble for overbilling clients. Bankruptcy law has strict rules, and attorneys 22

c l a rk

m em orandu m

Since the onset of the covid-19 pandemic, much has been written about the importance of empathy and compassion as leadership qualities. These Christlike qualities were manifest in Christ’s leadership during His sojourn on earth. I learned the importance of empathy and compassion from my father, who often wept openly with those who were suffering, like Jesus did before raising Lazarus from the dead. In the scriptural account, Lazarus’s grieving sisters, Mary and Martha, lament that Jesus has arrived too late to save Lazarus from death. While Jesus knows He can and will raise Lazarus from the dead, He first expresses His love and empathy for Mary and Martha by weeping with them. Only after demonstrating His understanding of their pain does Christ act on the faith of Mary and Martha by restoring their brother to life.10 Christ’s example has had a profound influence on how I lead. I have had to do some hard things in leadership positions, and I always try to remember Christ’s empathy and compassion. In mentoring young attorneys—particularly young female lawyers looking for someone who can relate to their experience—I have found that compassionate leadership, including being generous with my time, returns to me far more than I give. I currently serve on the executive committee for the American College of Bankruptcy. In a panel presentation on mentoring organized by college members, participants were asked to think about their experiences both as mentors and as mentees. I was blessed with an extraordinary mentor—a former corporate partner in New York who saw my potential and provided me with incredible career opportunities. His example has helped fuel my drive to give back and do for others what he did for me. As I listened to this mentoring panel, I couldn’t help but think that among my professional accomplishments, the one that means the very most to me is giving of my time to younger lawyers. Mentorship has given me the chance to empathize with others in their disappointments and then help them rise up and find the success and appreciation they deserve. Christlike mentorship is a legacy of my personal religious convictions.

My Faith Propels Me to Serve Others As lawyers, we have an obligation to provide pro bono service. For those of us with religious convictions, our love of God and our fellow men motivates us to view this service not as an obligation but as a blessing. Years ago, we were living in Reno, Nevada, with a new baby and three children under the age of 10. I was working part-time from home for a New York law firm at a time predating the rise of the internet. I did much of my work after my children went to bed and frequently skipped sleep to keep up with my responsibilities as a mother and a lawyer. My husband was the state health officer and traveled a lot. As you can imagine, it was a busy and stressful time for me. If that wasn’t already enough, my husband came home from work one day and told me he had volunteered me to work with a nonprofit providing support for patients suffering with lupus. He told me I would be helping them to qualify for national funding by rewriting their bylaws and addressing other corporate governance issues. I remember looking at him in disbelief and telling him there was no way I could add this work to my already overburdened shoulders. He explained there was no one else he knew who could help and begged me to do this pro bono work. I didn’t even know what lupus was but soon learned a lot about this difficult

It occurred

disease. I ended up helping them to get national funding. The organization was patient with my time constraints and incredibly grateful for what I did for them. In the process, my burden became a blessing. I gave my time and expertise, but what I received in return was so much more valuable—the satisfaction of really helping people. I also gained expertise in helping nonprofit organizations, which has enriched my subsequent decades of pro bono work. I have become my community’s go-to pro bono attorney for the arts, including for the Utah Symphony | Utah Opera and the Utah Museum of Contemporary Art—organizations that bring joy to so many people. I recently had the pleasure of attending a performance of Mendelssohn’s Elijah by the Tabernacle Choir at Temple Square and the Utah Symphony. One of the most famous arias in this oratorio quotes Psalm 55: “Cast thy burden upon the Lord, and he shall sustain thee.”11 I invited my vocology professor and his wife to attend the performance with me and my husband. This vocology professor has done me an incredible service in helping me to learn to sing again after superior laryngeal nerve damage caused in the aftermath of thyroid cancer. I was unable to sing for two years after surgery and was told it was not medically possible for me to regain my voice. Despite that prognosis, my professor did not give up on me but worked with me to remove this burden and restore my voice. Part of what he did for me was to coach me to give up on my lifelong perfectionism and learn to, as he would say, “give yourself grace.” His work with me, and the incredibly difficult effort required on my part over years of lessons, fulfilled the promise Heavenly Father gave me in a blessing by my husband—that I would sing again. As I listened to the words of this beautiful song, sitting next to the two people who understood the removal of my own burden, it occurred to me that the Lord allows us to cast our burdens on Him so that we can take on others’ burdens. By so doing, we yoke ourselves with Christ.12 My religious belief in the importance of service to others is at the core of why I spend so much time on pro bono work. It is also why I have spoken so passionately about this to the J. Reuben Clark Law Society. It is not the requirements of our profession to do pro bono legal work that drives me but rather my faith that motivates me to serve.

to me that the

My Faith Help s Me Bal ance My Life



Lord allows us to cast our burdens on Him so that we can take on others’ burdens. 

People who meet me at this stage of my career may only see me for my professional success. But there is truth in Supreme Court Justice Joseph Story’s famous 1829 observation that the law “is a jealous mistress, and requires a long and constant courtship.”13 During the first 16 years of my career, I struggled to maintain my law practice while raising young children. I had been practicing law for eight years when my husband finished medical residency. The firm I was working for in DC had informed me that because I was working part-time, I could not become a partner. Career-wise, it was a very discouraging time for me. Despite my excellent legal work and growing relationships with clients, I was falling behind my peers. At this time, I was pregnant with our fourth child and had three other young children. I honestly thought this was the end of my career, but my faith led me to put my family first and risk failure. I made the decision at that time that I would leave the practice of law, let my husband take the job he wanted in Nevada, and focus on my family. I did not anticipate how badly my firm wanted to keep me! They offered to let me work from home, send me a computer and other necessary equipment, and provide me support from afar. Because we were still paying off my husband’s medical school loans, I agreed to give this unheard-of working arrangement a try. clar k

m em orand um

While working part-time at home (and pulling all-nighters), my reputation soared. It wasn’t easy, but it was worth it. Throughout my career, I have made sacrifices for my family because my religious convictions steer me to prioritize eternal relationships. I have been fortunate that, while my initial career success lagged behind that of my peers—it took me 16 years to be made a partner—I eventually found the same professional success my peers had earned. But had I never achieved that degree of professional success, I knew I had already succeeded in the balance I had set between work and family. Work-life balance is not achieved overnight but rather over time as a “balance of imbalances.” Prioritizing your children’s needs and events and working around them lets them know that their interests are preeminent in your life.

My Faith Enc ourage s Friendship My faith has enabled me to make wonderful friends of other faiths. In our increasingly secular society, there are few lawyers of faith. I feel an immediate bond when I meet another lawyer with strong religious beliefs. I have particularly enjoyed friendships with people whose specific beliefs are different from mine but whose faith is rooted in a belief in God. I have shared Passover and Yom Kippur prayers with Jewish friends, fought for respect for religious beliefs with Presbyterian friends, benefitted from discussions with and the prayers of Lutheran friends, discussed shared family values with Methodist friends, and served the community with Catholic friends. All these friendships have come from living my religion in my professional life. I have been reading The Good Life: Lessons from the World’s Longest Scientific Study of Happiness, which explores an 80-year-long study conducted at Harvard University. It was no surprise to me that the study concluded that the most important component of happiness is enduring relationships.14 The study also noted the importance of being curious about the interests and experiences of others. The authors quote Ralph Waldo Emerson’s observation: “Every man I meet is my master in some point, and in that I learn of him.”15 I try to make a good friend in almost every case I work on. I find someone I can admire. I see each person as someone I can learn something from. I have learned to love opera from a client in Germany; I have learned about beekeeping and the many flavors of honey from a client in St. Louis; I have been enticed into reading modern literature (as opposed to the 19th-century literature I love) by a professional women’s reading group spanning the country; I have learned something about what it was like to grow up as a Black woman in my home county of Orange County, California, from a judge friend there; and I have been taught to enjoy Celtic, Americana, jazz, and blues music from the many lawyer-musicians I have befriended. If we look at each person as a person we can learn from (as Emerson said), and if we love each person as our neighbor (as Christ taught 16 ), the blessings we receive from friendships in our 24

c l a rk

m em orandu m



Work-life balance is not achieved overnight but rather over time as a “balance of imbalances.” 

profession are endless. My children joke that I have a friend in every city in the United States— an exaggeration, but with a kernel of truth.

My Faith Improve s My Well-Being Lately, there has been a lot of focus on wellness in our profession. The legal profession is stressful and rife with mental illness and addiction. Each day, we must juggle the many expectations from family, clients, colleagues, and community. My religious convictions have been at the core of my wellness in this profession. When we try our hardest to live a life of faith, we can find peace in our lives—a peace that will sustain us through stressful and hard times, a peace that will give meaning to our lives. In his 2018 address, Elder Uchtdorf pointed out that King Solomon, who had every type of worldly success and advantage, ended up “disillusioned, pessimistic, and unhappy,”17 concluding that “all is vanity.”18 Elder Uchtdorf compared this feeling to the German word Weltschmerz, which he defined as “a sadness that comes from brooding about how the world is inferior to how we think it ought to be.” He points out that each of us feels Weltschmerz at times, particularly when we struggle on “our own personal and lonely path of misfortune.”19 He offers as the solution to Weltschmertz the promise given each of us by Christ: “I have come that they might have life, and that they might have it more abundantly.”20 Thus, he reminds us that if we focus on following Christ and engaging in His work, we will achieve the “abundant life” and find healing for what he calls “soul-sickness.”21 Christ promises us, “Peace I leave with you, my peace I give unto you: not as the world giveth, give I unto you. Let not your heart be troubled, neither let it be afraid.”22 The peace we receive from our faith is critical to our well-being. This is a connection I have come to appreciate more the older I get. In the last five years, I have had some surprising and complicated health challenges. After reviewing my medical records, one of my doctors at the Mayo Clinic told me that he could not understand how I was able to come through all the issues I had faced with equanimity. My response to him was simple: faith.

My Faith Promote s Gratitude Gratitude is also essential to my happiness and well-being. I learned the importance of gratitude concretely when I was diagnosed six years ago with a very rare disease—a “one-in-a-million disease,” the diagnosing doctor told me. Bringing the disease under control required lifethreatening surgery. I was right in the middle of a critical case for an agricultural cooperative, so I gave directions to colleagues who covered hearings for me. My recovery required nearly two weeks in the icu and three months’ rest in bed, and I kept my health problems to myself. I had a difficult time. While I had felt peace going into the surgery, the recovery was incredibly difficult and isolating. I couldn’t help but wonder why I was the one randomly struck with this rare disease and left to suffer with secondary diseases for more than 15 years. It is a question I am sure we all ask ourselves at some time in our lives: “Why me?” I had never kept a journal before, but this time in my life was so difficult that I began to keep a “happiness journal.” I simply wrote down one thing each day that made me feel happy. These were small things, such as a conversation with a friend, an uplifting encounter with a stranger, or a loving embrace from a family member. As I recorded these experiences, I discovered emotionally what I already knew intellectually: my happiest days were the days that I demonstrated gratitude by forgetting my own struggles and serving someone else. As Elder Uchtdorf put it, in giving service and thinking of the needs of others, I felt “[t]he healing hands of Jesus Christ . . . [which acted] to soften [my] pain, and fill [my] soul[] with ‘exceedingly great joy.’”23 I could not have delivered remarks like this three years ago when I was working on recovering my voice after thyroid cancer. I don’t forget that. Thanking my Heavenly Father, my speech therapists, my vocology professor, and my husband are daily thoughts for me. My religious convictions remind me of the importance of gratitude. As lawyers, we are truly lucky due to the education and opportunities we have. We need to always remember that and show gratitude to our Heavenly Father and to others who bless our lives. The

scriptures promise, “And he who receiveth all things with thankfulness shall be made glorious; and the things of this earth shall be added unto him, even an hundred fold, yea, more.”24 When we express gratitude as part of our work as lawyers, we remind ourselves of the importance of humility and keep ourselves grounded in our profession. I challenge you to make your own list of how your personal religious convictions have influenced your practice of law. I am the lawyer I am not in spite of my religious convictions but because of them. notes 1

Articles of Faith 1:13.

2 Gary E. Stevenson, “Love, Share, Invite,” Liahona, May 2022, 85. 3 Dieter F. Uchtdorf, “Believe, Love, Do,” Liahona, November 2018, 48. 4 Arthur C. Brooks, Love Your Enemies: How Decent People Can Save America from the Culture of Contempt (New York: Broadside Books 2019). 5

Brooks, Love Your Enemies, 204.

Brooks, Love Your Enemies, 40, 43, 148.

Brooks, Love Your Enemies, 60–61.

8 J. Richard Clarke, “The Value of Work,” Ensign, May 1982, 77. 9 Clarke, “The Value of Work,” 77, emphasis in original. 10

See John 11:20–44.

Psalm 55:22.

See Matthew 11:28–30.

13 Joseph Story, “Value and Importance of Legal Studies: A Discourse Pronounced at the Inauguration of the Author, as Dane Professor of Law in Harvard University, August 25, 1829,” in The Miscellaneous Writings of Joseph Story, ed. William W. Story (Boston: C. C. Little and J. Brown, 1852), 523. 14 Robert Waldinger and Marc Schulz, The Good Life: Lessons from the World’s Longest Scientific Study of Happiness (New York: Simon & Schuster, 2023). 15 Ralph Waldo Emerson, “Greatness,” in Letters and Social Aims, vol. 4 of Works of Ralph Waldo Emerson in Five Volumes (Boston: Houghton, Osgood, and Company, 1876), 254. 16

See Luke 10:27–37.

Uchtdorf, “Believe, Love, Do,” 46.

Ecclesiastes 1:2.

Uchtdorf, “Believe, Love, Do,” 46.

John 10:10.

Uchtdorf, “Believe, Love, Do,” 47.

John 14:27.

Uchtdorf, “Believe, Love, Do,” 47.

Doctrine and Covenants 78:19.

clar k

m em orand um

magine spending a semester immersed in global business transactions and litigation in Dubai, one of the world’s most dynamic cities. byu Law’s Global Business Law Program offers students a unique opportunity to explore a variety of practice areas through Global Law Seminars in key commercial hubs such as Geneva, London, Tokyo, Bengaluru, and— as of 2023—Dubai. The most populous emirate in the United Arab Emirates (uae), Dubai is a bustling center for regional and multinational trade, and its crucial role in Middle Eastern affairs makes it an ideal location for byu Law students interested in international corporate law to gain hands-on experience. Balancing Academics and Experiential Learning Professor Aaron Nielson, an expert in the field of administrative and antitrust law, spearheaded the new Dubai seminar. He ensures that participants are well-prepared for the opportunity. “Antitrust (what the rest of the world calls competition law) is a complex global subject,” he says. “Program participants are required to take my class about how competition law works around the world.” Nielson helps students grasp both the common policy issues that arise globally and the diverse approaches countries employ to address them. One of the standout features of the Global Law Seminars is their blend of classroom learning and practical experience. The program’s cornerstone is the externship, in which students spend 35–45 hours a week working with firms involved in international transactions and litigation. Unlike international 26

c l a r k

m em orandu m

Dubai

A Gateway to Global Business Law by r ach el edwa r ds

programs at many other US law schools offering study abroad opportunities, byu Law’s Global Law Seminars focus on placing students in demanding externships with partnering organizations, such as hedge funds, investment banks, and multinational law firms. These externships introduce students to various aspects of global business law and help them make informed career decisions. The program complements this practical experience with courses in administrative law and public international law. “Our goal is to help students learn both in the classroom and in real-world situations,” Nielson says. Real-World Experience byu Law’s global network and its International Center for Law and Religion Studies were influential in the decision Rachel Howden, 3L, made to attend byu Law. Howden studied international peacebuilding and cultural anthropology as an undergraduate, and in law school she has focused on corporate and business law courses with an interest in practicing law internationally. Howden jumped at the opportunity to put her classroom learning into action with the seminar in Dubai. Howden externed with the in-house legal team at Aster DM Healthcare, a multinational healthcare company, where she worked on legal issues including real estate acquisitions,

byu Law students Rachel Howden, Jordin Annett, and Jessica Christensen visit Sharjah, uae.

international contract disputes, and employment law. “I worked with a team of seven lawyers, each of whom were licensed in their home countries, and each had a different legal background and expertise,” she says. “My experience at Aster showcased the multifaceted nature of legal practice within a large multinational corporation.” A serendipitous encounter Howden had with a Utah-based supplement brand at a Dubai health expo underscored the global nature of commerce and the unexpected ways in which the familiar and unfamiliar can collide. “Aster was selling a supplement brand that is made and distributed in Park City, Utah,” Howden explains. “Here I was, a Utah local, almost 8,000 miles

away, and the company I was externing with was selling vitamins from a place that is an hour away from my childhood home! It was a reminder that we are all connected.” Howden came to appreciate the critical role of cultural understanding in business and law. “My experience in Dubai taught me that it is crucial to listen and to not hesitate to ask for clarification,” she says. “Especially when team members have different linguistic and cultural backgrounds, contracts must be written clearly and understandings fully confirmed. Clear communication is key to collaborating on international teams. The beauty of globalization is that we can all learn from each other and expand our perspectives.”

and diversity of Dubai. I made good relationships and I would welcome the opportunity to live in the region in the future.”

Balancing the demands of an externship with the required coursework was challenging for Howden, but it provided valuable lessons in juggling work with other responsibilities. She shares, “After a full workday, I would then come home to several hours of class. The timing meant that I had to be very organized with doing my homework the day before because I would not have time during the day to prepare for class.” The seminar exceeded her expectations. “Working in Dubai was empowering: I am more confident in not only my legal skills but also my ability to work alongside people with very different backgrounds,” she says. “I loved being in the uae, and I appreciated the safety

Building a Future in Dubai Because the Global Law Seminar in Dubai is new, Nielson is working hard to refine and optimize the learning experience. Finding the right balance between students earning credits and gaining realworld experience is a critical consideration for the program, and byu Law’s commitment to fine-tuning the program is a testament to the school’s dedication to student success. Nielson is optimistic about the future of the program and the potential for students to build careers in Dubai: “For years, I’ve helped manage the Law School’s program in Washington, DC, and as a result of that program, some students have decided to practice in DC. We’ve had students in Dubai for only one semester, but we hope a similar dynamic will develop through our Dubai seminar.” The Global Law Seminar in Dubai is not merely an educational program; it is a transformative experience that equips students with the skills, knowledge, and real-world exposure they need to thrive in the complex landscape of international business law. “This program exemplifies a new frontier in legal education, where theory meets practice in a global context. Dubai is one of the most important cities on Earth, yet many US law schools do not have a presence there,” Nielson observes. “People from all over the world live in Dubai, which makes it a perfect place to fulfill the university motto ‘The world is our campus.’”

The group commemorates International Women’s Day at Aster DM Healthcare’s corporate office.

A kayaker views the morning skyline of downtown Dubai from Business Bay.

Rachel Howden poses with the sculpture Power of Words at Qasr Al Watan, the presidential palace in Abu Dhabi.

clar k

m em oran d um

or the past two years, the Civil Rights Study Tour has been a significant part of byu Law’s effort to provide a holistic legal education that extends beyond the classroom, providing 2L and 3L students with a deep understanding of the civil rights movement and an appreciation for those who fought for equal opportunity. Michalyn Steele, Marion G. Romney Professor of Law and associate dean for faculty and curriculum, led this year’s enlightening tour through historic sites in Alabama. Traveling Through History Dean Steele worked as a trial attorney for the Civil Rights Division of the US Department of Justice (2004–2010) and as counselor to the assistant secretary for the Bureau of Indian Affairs in the US Department of the Interior (2010–2012) prior to joining the byu Law faculty in 2012. Her dedication to civil rights has influenced her career, scholarship, and teaching. “I have always had a strong interest in the history and future of the civil rights movement and a reverence for the people who worked to bring about important change,” Steele says. “On the tour, we work to discuss the role of law and to honor the sacrifices of lawyers and other individuals who worked to make the promises of our founding documents real and to help the United States to better live out its ideals of equal justice under law.” While the Civil Rights Study Tour is primarily experiential, there is a preparatory component that includes a seminar with readings, such as Just Mercy by Bryan Stevenson. This powerful memoir delves into Stevenson’s legal career and his unyielding commitment to uphold the 28

c l a r k

m em orandu m

Civil Rights Study Tour

Lessons and Inspiration by rac h e l e dwa r ds

dignity of every individual, including those accused of crime. Steele explains, “These readings and discussions help students to gain a better understanding of the immense challenges faced by marginalized communities and the critical role lawyers play in advocating for justice.” The 2023 tour included Birmingham, Selma, Anniston, and Montgomery—cities with distinct contributions to the civil rights movement. Students visited historic churches, memorials, and museums to understand the background of many of the movement’s heroes and the legacy of racial friction. Students confronted the harsh realities of slavery and lynching in the United States when they explored the Equal Justice Initiative’s Legacy Museum and the National Memorial for Peace and Justice in Montgomery. Meeting Civil Rights Heroes One highlight of the tour was students’ personal encounters with those deeply intertwined with the civil rights movement. In Anniston they met Charles Person, one of the Freedom Riders in the early 1960s who rode public buses into the southern states to protest continued illegal segregation in public accommodations. Steele recounts the impact of hearing Person’s experience: “His account of facing racism and brutality shed light on the physical and emotional toll he endured. Hearing this firsthand account served as a poignant

Dexter Avenue King Memorial Baptist Church reminder of the sacrifices made to advance the cause of civil rights. His unwavering faith in American democracy continues to inspire generations.” Students also had the privilege of hearing from Myrna Jackson, Paulette Roby, and others who participated in the Birmingham Children’s Crusade in the spring of 1963. In addition, they visited the 16th Street Baptist Church in Birmingham, where four young girls were killed in a 1963 bombing. The tragedies that marked those years of struggle left the students with a renewed commitment to social justice. Building a Future of Equality byu Law’s Civil Rights Study Tour is not only a journey through history but also a call to build a more just and equitable future. Students are encouraged to carry forward the insights they discover during the tour as they

encounter contemporary civil rights challenges, particularly opposition to voting rights and equal access to education. The tour experience prepares them to actively engage with these issues in the spirit of storied civil rights leaders. “In my observation, students were inspired by the people we met and gained a sense of the sacrifices which have been made to help our country live the values of our treasured founding documents,” Steele says. “They gained a deeper understanding of the role of lawyers as advocates in society and of the inherent dignity in each of God’s children. The goal is that as they confront contemporary challenges, regardless of their future practice areas, they are better equipped to carry forward the legacy of those who fought for equality and justice, upholding the noblest ideals of the legal profession.”

Inspiring Advocacy for Justice and Equality a l i x a b ro b b ey, 3 l

in many ways, the history of the civil rights movement in Alabama is tied to churches and faith. byu Law’s Civil Rights Study Tour taught me that faith was central to the civil rights movement and gave many the motivation and willpower to keep fighting for justice. It was shocking to see how churches— havens of peace and worship— become sites of terror and violence. Each site we visited and each brave activist we learned about shaped my new appreciation for people of faith who fought for the freedom and equality I enjoy today. At the Dexter Avenue King Memorial Baptist Church in Montgomery, we sang songs of praise and saw how the legacy of the civil rights movement has affected modern Alabamans’ community spirit and advocacy. We also visited and learned the history of the First Baptist Church, also known as the Brick-a-Day Church. After the original structure was destroyed by a fire around 1910, members of the congregation built a new building with bricks they brought to church over several years. In the 1960s, churchgoers sheltered Freedom Riders while a mob threw bricks and tear gas at the building, threatening to burn it down. We also visited the Bethel Baptist Church in Birmingham, where Reverend Fred Shuttlesworth inspired his local congregation to fight for civil rights—an act of advocacy that resulted in his house being bombed. At the 16th Street

Baptist Church, we learned about the 1963 bombing there that killed four girls and injured many others. In Selma, we walked across the Edmund Pettus Bridge and saw firsthand the place where John Lewis and other peaceful demonstrators were beaten by police on Bloody Sunday as they marched for voting rights. The incident provoked national outrage that ultimately led to the passage of the Voting Rights Act of 1965. We visited a museum dedicated to Rosa Parks and the Montgomery bus boycott. I marvel that so many individuals were willing to risk their own comfort to create a more just and equal society for others. At the Legacy Museum and the National Memorial for Peace and Justice, we learned about the history of the slave trade, Jim Crow laws, and the current era of mass incarceration. I was struck by how these centuries of history impact Black families today and was touched by post–Civil War newspaper ads in which individuals sought information about their family members, reminding me of the value of familial bonds that can last for eternity. Perhaps most impactful was the opportunity to spend time with civil rights activists and those who experienced milestone events. In Tuskegee, we spoke with Anthony Lee, a named plaintiff in a school desegregation lawsuit. In Hobson City, a Black town incorporated in 1899 (the first of its

kind in Alabama), we spoke with mayor Alberta McCrory and many others who were gathered for a school reunion, including a woman whose grandmother was enslaved, reminding us of just how recent this history is. In Birmingham, Paulette Roby, Terry Collins, and Ann Niles—all foot soldiers in the Birmingham Children’s Crusade—told us about their decision to march with other schoolchildren and their experience being hosed, chased by police dogs, and jailed. Remarkably, these children were excited to ride to the jails and fairgrounds after their arrests because it was the first time that they were permitted to ride in a yellow school bus. These conversations brought historical events to life and showed us how people can persevere and feel joy in the face of great hardship. In addition to these planned meetings, we enjoyed many chance encounters during our tour. We arrived at the Bethel Baptist Church after hours, but the current pastor saw us standing outside and invited us in to learn more about Reverend Shuttlesworth and the history of the church. Similarly, a National Park Service employee found us standing outside the Freedom Riders National Monument in Anniston when it was closed. He invited us in to answer our questions and showed us where the Freedom Riders bus was attacked. During the trip, byu Law associate dean Michalyn Steele and associate professor Bradley Rebeiro provided us with historical context, scholarly perspectives, and opportunities to debrief and share what we’d learned. We grappled with the negative feelings that can accompany difficult history, but

Edmund Pettus Bridge we all came to better appreciate the civil rights movement and the people involved. I personally gained a deeper understanding of the racial underpinnings of segregation. I understood that there were laws allowing racism and segregation, but I learned that segregation was legally mandated and enforced across nearly every aspect of life. For example, in Birmingham there were laws preventing Black people and White people from playing cards, dice, dominoes, checkers, baseball, softball, football, or basketball with each other. All of the study tour participants resolved to honor the civil rights heroes we learned about by promoting the truth and sharing our experiences with others. We plan to emulate those we met by promoting a more equal world rather than allowing pain and anger to paralyze us. My experience inspired me to take the courses Federal Indian Law and The 14th Amendment this semester so I can better understand the legal issues surrounding civil rights and be a better advocate for justice and equality today. clar k

m em oran d um

Conservation and Nonprofit Impact in Uganda and Rwanda by r ache l e dwa rds

dventurous byu Law corporate tax professors Gladriel Shobe and Jarrod Shobe joined Brigham Daniels, an environmental law scholar and former byu Law professor, in leading a group of 11 byu Law students on a study tour to Uganda and Rwanda in April 2023. Together they delved into legal issues that impact environmental conservation and examined the vital role of nonprofit organizations in the continued development of Uganda and nearby African nations. “The goal of this program was to provide students the opportunity to expand their knowledge about global issues by learning from leaders in local communities, nonprofits, and other organizations in order to better understand how they try to serve and benefit the communities they operate in,” says Jarrod Shobe. His expertise in tax law and complex corporate structures was a valuable resource for participants who were eager to learn about the legal frameworks that govern environmental regulations and guide nonprofits. The tour’s itinerary offered a holistic perspective on the complicated and persistent environmental, legal, and economic development issues in eastern Africa. The heart of the program included an extended 30

c l a r k

m em orandu m

stay in the village of Buhoma, a gateway community to Bwindi Impenetrable National Park. Bwindi is a unesco-designated World Heritage Site nestled in southwestern Uganda. Spanning more than 120 square miles, the park is a critical sanctuary for a variety of wildlife, including half of the world’s endangered mountain gorilla population. Buhoma is also home to numerous local, internationally funded nonprofits that promote sustainable agriculture, support abuse survivors, empower indigenous communities, and bolster primary education. By interacting directly with those on the front lines of these organizations, students saw firsthand the diverse approaches nonprofits employ in tackling societal issues. “The study tour did not shy away from confronting the shortcomings and obstacles that nonprofit organizations face,” Shobe says. “We facilitated meetings with a wide spectrum of experts including park rangers, usaid representatives, and local lawyers, so students learned firsthand about the challenges.” These interactions served as a powerful reminder that, despite noble intentions, these organizations struggle. He continues, “Students gained a nuanced perspective on the realities of nonprofit work and the importance of resilience and adaptability in this sector.”

Casey McClellan observes mountain gorillas in Bwindi Impenetrable National Park. Another important component of the tour was immersion in the natural wonders of Uganda’s national parks. Community tours acquainted students with the interplay among many competing priorities, including how the environment, wildlife, and communities coexist harmoniously. Shobe notes, “Nonprofit and environmental law often involve work that has a broader impact on society and the planet. We believe this experience raised the students’ gaze and challenged them to consider ways to use their legal education to address global challenges.”

Casey McClellan dances with a local woman from Ride 4 a Woman, a nonprofit in Buhoma that provides job training and microloans to women in and around the Bwindi area.

Lift Where We Stand ca s ey m ccl e l l a n , 3 l

last summer, when byu Law announced its environmental and international law study tour to Uganda, I hoped that my environmental law experience would boost my application. I was fortunate to be one of 11 law students who joined byu law professors Brigham Daniels, Gladriel Schobe, and Jarrod Schobe in Uganda and Rwanda during spring 2023 to learn about nonprofit and environmental legal work in eastern Africa. In preparation for the tour, I studied the history of the region, including the powerful Kingdom of Buganda. The current political and environmental issues facing Uganda were also on my mind. But what I couldn’t appreciate through study was the Ugandans’ diverse mix of ethnicities, languages, and customs—or their grit, humor, and willingness to share their culture. The opportunity to interact with The group sees Mount Gahinga in Mgahinga National Park near the border of Uganda and Rwanda.

Ugandans taught me that I can lift where I stand, like they do, and reminded me that we are all children of God. Insights into Global Development, Conservation, and Human Connection Our study tour began in the capital city of Kampala, where we met Latter-day Saints in the Kololo Ward and visited the Uganda National Mosque, a meaningful place for Uganda’s Muslim population. We also met with US State Department officials who head usaid’s Uganda Mission. In countries like Uganda, usaid funds local nongovernmental organizations (ngos) and companies to improve the lives of locals and build a positive image for the US. This experience exposed me to a potential career path; working for the US government internationally, I could make

a difference in the world by helping local organizations gain sustainable funding and growth. After Kampala we headed northwest to Murchison Falls National Park, where Professor Daniels discussed his research on three interconnected problems in eastern Africa: development, conservation, and corruption. Throughout the trip, we saw firsthand the tension among these three major issues as we observed the locals’ efforts to protect villages from rogue wildlife and saw the many public park projects that remain unfinished due to corruption. Professor Daniels also pointed out signs of local leaders using national grants responsibly. From Murchison Falls, we traveled to Queen Elizabeth National Park (where we saw lions in the wild!) and through the winding foothills to the village of Buhoma. The village is near Bwindi Impenetrable National Park, which has been the focus of much of Professor Daniels’s research. Buhoma is filled with caring people, many of whom have sought education elsewhere and returned to better the lives of community members. Their efforts are manifested in community art classes, life-skills training for women and children, microloan programs, and other creative and charitable efforts. The Bwindi Community Hospital, originally founded by American Christian missionaries to serve the minority Batwa community, has expanded into a state-of-the-art facility that serves the entire region through international contributions. My experience with people in Buhoma reminded me just how interconnected we are as people. Playing volleyball with nurses from the hospital,

teaching new friends how to play chess, sharing faith traditions with American missionaries, and brainstorming with ngo and business owners were among the program’s most rewarding experiences. Bwindi is also home to mountain gorillas, and we trekked through the forest to observe a clan of them. I felt a sense of awe (and a little apprehension) at being so close to them, but that proximity showed me how interconnected we are with all living things, and I felt a greater call to protect wildlife and our planet. We ended in Rwanda with a solemn visit to the Kigali Genocide Memorial. The memorial was a sobering look at not only what caused the Rwandan Genocide but also what causes mass violence generally: fear, division, misinformation, and blind trust in authority. Personal Commitment and Collective Impact I returned home with renewed commitment to provide opportunities to people in disadvantaged communities, including in my rural hometown. Ugandans are working for a better future, one person at a time. They showed me the power of individual investments in time, talents, and resources. Two of Professor Daniels’s friends— the late John Bosco Tusingwire, whose ngo rehabilitates poachers and teaches them alternative skills, and Jeremiah Nahamaya, who runs a primary school and finances microloans to local entrepreneurs—are powerful examples of individual investments. My new Ugandan friends are wonderful examples of lifting where they stand. I hope to do the same in my future career. clar k

m em oran d um

BYU Law’s Legal-Tech Powerhouse

The LITE Group

by w i l l i am em ery, 3 l 2 02 1– 2 02 3 l i te g ro u p p resi d e n t

c l a r k

m em orandu m

of the law is built on a foundation of complex processes. By learning to simplify these processes with innovative means, we may be able to better ‘go forth to serve’ communities who are often neglected by the justice system.” The Design Thinking Competition helped students learn techniques for innovative problem-solving and gave them an opportunity to showcase skills like coding, editing, and working with marginalized communities. A panel of judges provided students with feedback on their projects. The panel included Pamela Beatse, director of the Utah State Bar Access to Justice Commission; Cain Elliott, head legal futurist at Filevine; Danielle Dallas, career advisor at byu Law; Dane Thorley, associate professor at byu Law; and Eric Vogeler, codirector of LawX. Students also heard from David Wang, chief innovation officer at Wilson Sonsini Goodrich & Rosati.

The winning team created the website Tenant Hero, designed as a retro adventure game to help pro se tenants with legal problems. They won $1,000, contributed by local legal-tech startup Estate Guru. The second- and third-place teams won a total of $650, contributed by Filevine, a legalsoftware company in Salt Lake City. The Tenant Hero team has since gone on to win Suffolk University Law School’s 2023 Legal Design Challenge. In addition to hosting the competition, the group organizes several lite Talks each semester, where students can meet with practitioners who range from in-house counsel for tech startups and venture capital firms to innovators involved with Utah’s regulatory sandbox. Many lite group members have found that their innovation skills set them apart. Connor Hansen, 2L, won the prestigious 2023 Corporate Legal Operations Consortium

Scholarship; Kimberly Farnsworth, 3L, works with the Utah State Bar Access to Justice Commission; and Victor Moxley, ’22, who led the 2020 Hackathon team, works as a legal business solutions associate at PwC. Moxley reflects, “The Global Legal Hackathon and other clinical learning experiences gave me the skills and experience to land internships with valuable exposure and ultimately find a meaningful career with a top firm after law school. I’m glad to see the Design Thinking Competition carry on the Hackathon’s legacy of enabling experiential learning at byu Law School and hope it allows future students the same opportunity.” Current lite Group president Rebecca Knowles, 2L, says, “lite gives students the opportunity to use their creativity and problemsolving skills in the context of the legal problems and processes they’re learning. We look forward to organizing and hosting similar events this year.”

2 3 -2 3 0 | 1 2 /2 3 | 7, 30 0 | PS J8 8959

a n dr ew joyc e

tudents at byu Law are building a legacy of legal-tech solutions, reflecting the Law School’s commitment to innovation. From 2018 through 2022, teams from byu Law’s Legal Hackers club were top-tier competitors in the Global Legal Hackathon; in 2020 and 2022, they reached the final stage of the competition. A community of lawyers, policymakers, designers, technologists, academics, and students, Legal Hackers develops creative solutions to issues at the intersection of law and technology, including through competitions. Unfortunately, 2022 was the Global Legal Hackathon’s last year, so byu Law’s Legal Hackers club joined the Law, Innovation, Technology, and Entrepreneurship (lite) Group, founded in 2018 by George Simons, ’20, cofounder of Y Combinator startup SoloSuit. The new supergroup decided to build their own competition. On March 11, 2023, the lite Group, together with byu Law’s legal design lab LawX, cohosted the first annual byu Law Design Thinking Competition. They modified a prototype-building framework to fit a one-day competition and led competitors through a variety of exercises. Student teams competed to design a solution for an accessto-justice issue affecting pro se litigants navigating the Utah legal system. As Ashley Evans, 3L, one of the organizers, explains, “Much

clark memorandum j. reuben clark law school j. reuben clark law society brigham young university provo, ut | 84602-8000

NONPROFIT ORG. U.S. POSTAGE

PAID

PROVO, UT PERMIT NO. 49