Dayton Lawyer - Fall 2009 by eCommons

DAYTON LAWYER

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Keller Hall and 34 other things to love about UDSL...

also in this issue:

Guantanamo and the rule of law

C O N T E N T S

2 News & Notes Good news on employment survey. … Being a good neighbor to the school down the block. … UDSL symposium makes big news, hits almost 500 media outlets. … Class of 2009 gets its final law school assignment

19 Roundtable Promotions, honors and matrimonial law in Russia

Features 8 Love in the law school UDSL, how do I love thee, let me count the ways. We did. Since it’s the 35th anniversary of the reopening of the school, we counted to 35.

10 Gitmo, an untold story Guantanamo Bay offers the stuff of headlines. But not making headlines are lawyers, like many other lawyers not making headlines, who serve to protect the rule of law.

The Dayton Lawyer is published twice each school year by the University of Dayton School of Law in cooperation with the office of University communications. What do you think? Send feedback, letters to the editor and alumni updates to: Dayton Lawyer University of Dayton 300 College Park Dayton, OH 45469-2963 Fax: 937-229-3063 E-mail: lawyer@udayton.edu Editor: Thomas M. Columbus columbus@udayton.edu Art director: Lisa Coffey Photographer: Larry Burgess Cover: Painting by Leo Hong Mao

The homes of the University of Dayton School of Law in the last 35 years: Joseph E. Keller Hall and Albert Emanuel Hall, painted by Leo Hong Mao.

A 11x14 print of the work, in a 18x22 frame, is available for $100. For information on ordering contact Lee Ann Ross at lee_ross@notes.udayton.edu. FALL 2009

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N O T E S Employment rate high

D AY T O N L AW Y E R

Helping the school down the block

Two mock trial teams of the Dayton Early College Academy, housed in College Park Center, took the top two spots at a district competition in January to advance to the regional tournament. One then advanced to the state tournament. Cori Stirling ’06, an attorney at Faruki Ireland & Cox and one of the coaches of the DECA team, said of DECA, “The whole school has responded to these accomplishments. I think it gives every student a sense of pride to see classmates succeed.” Of the quality of the students’ work, then-second-year law student Mike Mezher, who has been volunteering at DECA, said, “They knew the rules of evidence, objections, what’s permissible better than I do.” Mezher’s involvement with DECA began with his work with other St. Thomas More Society students tutoring DECA students on writing and test taking (in preparation for the all-important Ohio Graduation Test). UDSL’s mentoring relationship with DECA also has included professor Dennis Greene’s teaching of Street Law to 28 DECA students, who learned about criminal law, dispute resolution and other legal areas. The DECA students, besides acquiring skills and absorbing knowledge, are exposed to a variety of role models in their contact with UDSL. “Think about all the different undergraduate degrees that are represented at UDSL,” Stirling said. “Interaction with this type of academic diversity can really open these students’ eyes to what’s out there.” DECA, a charter school sponsored by the Dayton Public Schools and operated by the University of Dayton, began as a high school in 2003, reorganized as a charter school in 2007 and enrolled seventh-graders beginning in 2008. Each of the school’s graduates has been accepted to college.

Death penalty and digital music “Even though the death penalty, as practiced, was found to be unconstitutional approximately 37 years ago and then reinstated, as practiced, approximately 33 years ago, the debate surrounding the legal parameters of this ultimate punishment continues to this date,” said Judge Kate Huffman of the Montgomery County Common Pleas Court, who last spring, with Judge Jeffrey Froelich of the Second District Court of Appeals, taught an intrasession course on the death penalty. “Our hope,” she said, “is that the students will continually ask ‘why’ as they consider the legal parameters and concerns associated with the death penalty.” “Why” was just one of many questions asked in the spring intrasession courses, which also included ones on Digital Music Sampling and Copyright Infringement, Interstate Domestic Relations Litigation and Virtual Online Mediation.

M e s s a g e

Minorities make up about 15 percent of Ohio’s population but only about 5 percent of Ohio’s lawyers. This summer UDSL was one of six Ohio law schools hosting a monthlong Law and Leadership Summer Institute for urban students about to enter high school. The UD program, directed by professor Dennis Greene, included alumni guest speakers, field trips and a mock trial competition. The summer session is followed by biweekly sessions throughout the students’ high school years. The institute is a partnership among the Supreme Court of Ohio, the Ohio Bar Association, the Ohio Center for Law-Related Education and all nine Ohio law schools.

Change the world

D e a n ’ s

Students entering high school urged to think of becoming lawyers

A survey of 2008 UDSL grads, done nine months after graduation, showed a 93.4 percent employment rate, up from the Class of 2007’s 91.6 percent, according to Tim Swensen, director of career services. Average salaries dipped slightly, from $60,516 to $59,241. As usual, most graduates (57.9 percent) went into private practice, with most of those joining firms with from two to 10 attorneys. Thirteen percent are in government work, 13 percent in business, 9 percent in judicial clerkships and 4 percent in public interest fields. The No. 1 way ’08 grads secured jobs, according to Swensen, was through self-initiated contact. Graduates also participated heavily in the Road to Bar Pass program; all who completed it passed the bar.

This year, the 35th anniversary of the reopening of the University of Dayton School of Law in 1974, provides an opportunity to reflect with pride on the many accomplishments of the law school community and count our blessings. This year has been challenging for our economy and our profession. Yet the Dayton Law family has pulled together to prepare our students well for practice and help recent graduates find work. Of the firsttime takers in Ohio, 100 percent of those who worked with the Road to Bar Passage program passed the July 2008 exam. The Class of 2008 reported that nearly 94 percent had secured employment within nine months of graduation, outpacing the national average by over 3 percent. We are grateful for your advice, mentoring, externships and other legal experience you provide to our current students and recent graduates. Dean of Students Lori Shaw ’87, in her 2009 commencement address, instructed Dayton graduates to go out and change the world — for the better — immediately. This issue contains examples of our students, faculty and alumni doing just that. Our students and faculty continue, in the Catholic and Marianist tradition, to change the world for the better right here on campus, working on the Law & Leadership Summer Institute, with Dayton Early College Academy and serving the surrounding community through pro bono projects. Sometimes a leap of faith is required. When the University opened the Dayton College of Law in 1922 and reopened the School in 1974, it leapt. Today, in challenging times, we continue to leap forward. We rely on an excellent foundation: a Marianist legal education that produces problem solving lawyers who can serve clients exceptionally well and become leaders, helping our communities and changing our world for the better. God bless, and please keep the Dayton Law community in your prayers,

Lisa A. Kloppenberg Dean, School of Law

Q u o t e U n q u o t e Bad news makes big news Nearly 500

‘We may go 18 to 24 months before we bottom out.’

media outlets, including Forbes and Business Week, reported on the March UDSL symposium “Fallout from the Bailout.” Harvey Pitt, former chair of the U.S. Securities and Exchange ComHarvey Pitt, former SEC Chair, mission, gave his opinion on economic matters speaking at UDSL in March from bailouts and stimulus packages to Bernard Madoff and needed reforms. Pitt attempted a prediction of when the economy might bottom out, and the Associated Press reported to the world his words: “I think we may go 18 to 24 months before we bottom out. Let me put it this way: I think there’s a lot more pain we’re all going to experience.” FALL 2009

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B r i e f . . .

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The UDSL mock trial team of Ryan Beck and Jade Smarda made it to the final round of the National Mock Trial Competition. The team is advised by Dennis Lieberman ’78.

In December, professor Vernellia Randall hosted the first in a series of monthly webinars to share her research and ask participants their opinions and suggestions. The first webinar, “A Healthcare Community Discussion: Healthcare Reform and Eliminating Healthcare Disparities,” involved 144 participants.

A new student group, the Disability Law Association, was formed this past year. Its goals are to provide resources to law students with disabilities in a way that does not require self-identification, to educate students who potentially will work with clients who have disabilities and to perform community outreach. One of the first speakers to the group was Judy LaMusga ’06, whose practice specializes in advocating for people with disabilities. She spoke about public benefits, competency vs. eligibility and how to talk to people with disabilities.

Where can you learn that the U.S. Supreme Court is taking up a case on an all-white jury or that the state bar association in Massachusetts has created a task force to study peremptory challenges? Take a look at professor Thaddeus Hoffmeister’s blog, Juries, at http:// juries.typepad. com.

A spirited panel discussion marked the March symposium “Superstar Marks: Extra Protection for Famous and Well-Known Marks,” sponsored by the UDSL Intellectual Property Law Association and Teradata. A panel — including the evening’s primary speaker, Graeme B. Dinwoodie, then professor of Chicago-Kent College of Law and now at Oxford University — discussed the potential application of a well-known marks doctrine to the Lanham Act and the future of antidilution law in the United States.

In the media — From an April Time magazine story (“GM’s Potential Bankruptcy: Shopping for a Venue”): “’You normally expect various decisions through various courts, which creates the opportunity for the development of the law,’ says Jeffrey Morris, a law professor at the University of Dayton. ‘But if you’re in the same district all the time, decisions are made, and then you’re stuck with them. It arguably limits the ability of the law to fine-tune itself.’”

‘Your final law school assignment’ The Class of 2009 chose Lori Shaw ’87, assistant dean for student Somewhere out there is a scientist with a therapy that may cure affairs, to deliver the commencement address. breast cancer — a therapy that They did not escape without another assignment. will never see the light of day unThe following is an excerpt: less it’s patented. Megan Thomas Commencement speakers are supposed — get to work on that patent! to send graduates into the world inspired to We are a world crying out for great things by their soaring rhetoric. But I change. … am a teacher, not an orator. So I decided to As lawyers you will bear a fall back on that which I know best — giving singular responsibility to be a homework assignment. problem solvers. You have opted Members of the Class of 2009, your final to enter a profession, not a trade. law school assignment is quite simple — I In its simplest terms, being a prowant you to change the world — quickly— fessional means it’s not all about and for the better. … you. It’s about the client and the Somewhere out there is a manufacturer justice system; it’s about filling a Lori Shaw, seen here teaching, gave the Class of who can create 500 new jobs if it can win a vital and unique public role. … 2009, assembled at graduation, homework. zoning appeal. Marci Morgan — it’s waitClass of 2009, look to your ing for your help. Somewhere out there is a teen in trouble and right and your left. How many other places in the world would in desperate need of an advocate. Lisa Gilkey — he needs you. you find such a concentration of talent? … 4

D AY T O N L AW Y E R

And where else would you find such a thoughtful and intense discussion of what the rule of law is and what it should be? In the words of Alexis de Tocqueville, you are “masters of a science which is necessary, but which is not very well known.” You are trained to understand what the law can and cannot do. You know how to make it work for your clients and for society. … You have learned to act as an advocate, a voice for the voiceless. You have also been trained to act as a facilitator — to bring warring parties together to find a mutually beneficial resolution. Who is better equipped as a problem solver in a world filled with problems? And if you cannot change the world, who can? No assignment would be complete without detailed instructions. So how can you change the world for the better? One day at a time — one case at a time — one person at a time. First, make excellence a habit. … I’ve seen that commitment to painstaking excellence in the Class of 2009. … All of those wearing our honor cords of gold, red, green and orange today have risen to the many academic challenges posed by our faculty. Your conscious decision to couple your natural talents with

good old-fashioned hard work on a daily basis has made you unstoppable. I have witnessed this commitment to excellence in Ryan Beck, Elizabeth Relitz, Jade Smarda and the other members of our outstanding moot court and mock trial teams. I have seen it in Manon Newell, Breann Hill, Mike Dean and our other gifted Law Review writers and editors, and in Shaun Hassett, Enrique Rivera-Cerezo, Jeff Ferguson, Tom Doyle, Michael Woloshin and the countless other students. Perhaps most of all, I have seen it in those of you who struggled with academics early on and when faced with possible failure quite simply refused to give up. … Second, commit yourself to being servant-leaders. After putting so much blood, sweat and tears (and so many dollars) into your legal education, it becomes easy to say, “I’ve earned the right to practice law.” But, in reality, the practice of law is more a privilege than a right. As lawyers, we enter into a contract with society — our license to practice law grants us a monopoly on See Graduation, Page 20 FALL 2009

N O T E S

In memoriam: Fred Davis

Fred Davis, 82, dean of the University of Dayton School of Law from 1981 to 1986, died March 23. He also served as dean and professor of law at Memphis State University. Davis was instrumental in UDSL obtaining membership in the Association of American Law Schools.

The giving season

Susan Brenner participated in February at the University of North Carolina in a panel discussion on cyber-bullying. (Her co-panelists were the founding co-director of The Pennsylvania Center for the First Amendment and the president/CEO of the Center for Democracy and Technology.) Her paper “Distributed Security: A New Model of Law Enforcement” in July made the Social Science Research Network Top 10 download list for Legal Scholarship Network Partners in Publishing. Eric Chaffee was re-elected president of the Cleveland Association of Phi Beta Kappa. Jeannette Cox spoke at the annual meeting of the Association of American Law Schools on disability law. Lisa Kloppenberg spoke on the athletics/advancement overlap; Pamela Laufer-Ukeles, on educating women for leadership roles; and Vernellia Randall, on institutional racism Maria Crist made a presentation on experiential learning at the Association of Legal Writing directors conference in July at the University of Missouri-Kansas City. The Legal Writing Prof Blog called experiential learning along with outcome assessments the hot topics of the conference. Kelly Henrici, who received the Dayton Bar Association’s outstanding committee leadership award, continues as chair of the law and technology committee for 2009-10.

Crist

Pamela Laufer-Ukeles is a visiting professor this semester at the Interdisciplinary Center in Herziliyah, Israel. She is affiliated as a visiting research fellow with Tel Aviv University, which is supporting her research on gender in the law. Laufer-Ukeles

Brenner

ill

• The 19th annual Program in Law and Technology Seminar — on Significant Developments in the Intellectual Property Law of Computers and Cyberspace — drew an increased number of attendees over the previous year. “Several attendees,” Dean Lisa Kloppenberg said, “commented that it was the best event in the seminar’s history.”

N o t e s

• Events in June celebrated the 20th anniversary of the Program in Law in Technology. The celebrations saw the establishment of the Robert A. Kreiss Scholarship Fund, named after the founding director of the program.

F a c u l t y

N o t e w o r t h y

The holidays offer opportunities to give to others. A year-end charitable gift can offer tax advantages. Consider helping the law students of today and tomorrow. Call 888-253-2383 for more information. Or make a gift online at http://supportud.udayton.edu.

Thirty-five years have passed since the University of Dayton School of Law reopened after a hiatus lasting since the Great Depression. What to do to celebrate? We made a list of

Elr o

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Chaffee Cox Henrici

By R acha

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From Old Bailey to the Olympics Students studying with professor Dennis Turner in Winchester, England, this past summer learned from field placements with British judges, barristers and solicitors. While in London, they went beyond the Old Bailey Criminal Courts to the financial district to learn from a 1977 UDSL grad about her current job — general counsel for the London 2012 Organizing Committee for the Olympic and Paralympics Games. Students met with Terry Miller ’77 and several members of her legal team that has responsibility not only for copyright issues but also for 7,000 contracts. 6

D AY T O N L AW Y E R

35 things we love about UDSL. And here they are... SPRING 2009

1Keller Hall It’s the only building on campus with nearly everything:

Thanksgiving potluck

Keller Hall

groundbre

classrooms, an atrium, the law library, a cafeteria, the deans’ and professors’ offices, admissions, registration, student affairs, career placement, alumni office and campus ministry. Home to the School of Law since 1997, Keller Hall operates like an entire university in 140,000 square feet. Whatever you need or whomever you need to see, no need to go far.

Alumni Weekend

The weekend brings food and festivities, awards and continuing education. And to those activities is added now a fairly new one, but it flows from a long tradition — UD’s Catholic and Marianist charism — and the commitment to serving others. Last year Alumni Weekend Service Day brought 20 alums, family members and faculty to serve the homeless at St. Vincent’s Hotel. “Since the shelter houses new people every night, they had quite a bit of sheets and blankets to wash,” said Adam Armstrong ’05, a Service Day participant who’s on the alumni association board of trustees. “So we did lots of washing and folding.”

D AY T O N L AW Y E R

aking, 199

Diversity Fest

Dean of Students Lori Shaw didn’t want Ben Githieyea ’07 to graduate — she already missed his homemade collard greens with steaks, which he brought each year to Diversity Fest. Since 1999, Diversity Fest has become one of the largest UDSL events for students. Over 250 students, faculty and family members fill their bellies with Asian, Middle Eastern, Italian, Filipino and Hispanic foods; and all sorts of international and cultural cuisines are stacked high on tables that fill Keller Hall’s atrium. Many students make their own foods, proudly sharing their family culture and traditions. The annual spring festival, sponsored by the Student Bar Association, is about more than just food — it’s an appreciation of diversity. Most groups in the School of Law — from the Black Law Association to the Environmental Law Association — participate. Some students sing songs from their culture; some bring in local African, Celtic or Native American dancers. Brave students do their own dancing.

The Student Bar Association provides the turkey; the office of student affairs takes care of the mashed potatoes, gravy and stuffing; and the students, faculty and staff bring the rest of the goodies. But this tradition is more than a tasty event. It’s turned into a food drive for St. Vincent’s Hotel and a competition among the three classes and faculty, that in its first year alone collected 2,000 pounds of food. “I felt like we, as students and hopefully attorneys, have an obligation to give back,” said Monica Saylor ’09, who spearheaded the competitive food drive two years ago as vice president of the Student Bar Association. “We spend so much time thinking about how broke we are and forget other people don’t have anything.”

Program in Law and Technology

Visitors to the 5 Visitors law school have included

James and Sarah Brady, Johnny Cochran, Leon Jaworski, Edwin Meese, Ralph Nader, Harvey Pitt, Sister Helen Prejean, Justice William Rehnquist, Elliot Richardson, Justice Antonin Scalia and Scott Turow.

6 Intrasessions “It’s not exactly a spring break,” said Linda

Cole, registrar, said of intrasession week and its one-credit courses — unless one’s idea of a break is studying topics like human trafficking, international law, the Nuremberg trials, homelessness, religion and law, or the death penalty. Students are required to take three intrasessions, including one on values and ethics and one to build skills. Beyond that, it’s up to the interests of students. In the past two years, UDSL began extending some one-credit intrasessions over longer portions of the semester.

7 Food and drink off and on campus

Over the years, its been Milano’s subs, Panera, Chipolte, Starbucks, Frisch’s, and The Shed or sharing pitchers of beer at Flannigan’s or Kramer’s. In the basement of Keller Hall, the 8 to 9 a.m. rush for coffee can be pretty hectic, said Dena Robertson, general manager. But that’s more of a wake-up call to prepare for the lunch-hour, the busiest time at the Jury Box.

Since its creation in 1989, the Program in Law and Technology has developed into a multifaceted program of intellectual property and hightech-related courses, external programs and scholarship. The program combines a foundation in traditional legal theory with contemporary legal issues, examining how technology is commercialized and rapidly integrated into society. The program encourages students to seek handson experiences like projects with research organizations, innovative companies and individual inventors. The program’s faculty, who have expertise in patent law, cyberlaw/cybercrime, trademarks, copyrights, software licensing and intellectual property litigation, work together to create an integrated approach to teaching and mentoring.

FALL 2009

Outstanding Faculty

Dennis Turner holds the record for UDSL longevity having been with the school since it reopened in 1974. Close behind was Dale Searcy — who arrived two years later and is now in his 41st year of teaching. Here are their stories and a sampling of photos of their colleagues over the years. Dennis Turner Criminal and civil litigation professor Den-

nis Turner has been retired for several years but taught more than a full-time faculty load last spring. And he doesn’t plan on leaving anytime soon. “As long as I can go into the classroom and walk out thinking, ‘Wow, that was great,’ then I’ll keep teaching,” Turner said. “It’s still fun, so why would I stop?” The best part of teaching is watching students transform and grow as attorneys, he said, and knowing he’s Turner helped foster that maturity. Since Turner is a big fan of experiential learning, he’s engaged himself in advising the mock trial teams, designing capstone courses and organizing the competency experience for students. “If you tell students what the learning is, two weeks later they’ll forget it. If they learn by experience, then they’ve got the learning for life.” His newest experiential learning project is a weeklong simulation class that all law students must now pass before graduating. He admits some students find it stressful. Turner brings in Dayton actors to play the parts of clients. Imagine 180 students working and interviewing seven actors, scripted to be complicated clients. They schedule 80 counseling and 80 negotiation sessions — all videotaped — and send the videos to outside attorneys for review. The simulation, Turner said, gives students the challenge of dealing with curveballs in law, especially when it comes to clients, and allows students to get feedback on their writing and practicing skills from professors and local practicing attorneys. His methods seem to pay off. Last semester a former student sent him an e-mail that read: “Thank you, professor Turner. You did something for me and really changed my life.” That “something” was simple encouragement for the student, who dreamed of becoming a criminal trial lawyer but had a stuttering problem. When some said he couldn’t, Turner encouraged him to pursue. Years later he’s overcome his stutter and achieved his dream. Each time a student thanks him, he’s reminded of why he doesn’t want to leave the law books and students.

E. Dale Searcy Elected “professor of Tom Hagel the year” 10 times by the law school’s student body, E. Dale Searcy, professor of tax, will and trusts, and estate planning, found himself drawn into the UD community more than 30 years ago by students. Searcy went into private practice following the bar exam. Curiosity led him to start teaching and lecturing, but he returned to practice law. “Then UD called, and the rest is history,” he said. What kept him in Dayton? “The students’ energy,” Searcy said. “UD was the fourth law school where I taught full time, and I’ve also taught part time at three others. But the learning process here was better. I found UD didn’t teach students legal rules, but rather, legal reasoning.” Law professors, he said, are not really teachers. They guide the student through the self-learning process, and the “real learning” is actually outside classroom. Maybe that’s why he’s so involved with students outside Searcy lecture halls. Beyond teaching, Searcy founded and directs the Volunteer Income Tax Assistance program, which helps low-income families with their taxes, free of charge. He’s been working with VITA for 30 years where, in any given semester, he oversees 12 to 50 student tax volunteers. Searcy’s also a seven-year faculty adviser for the UD Law Review, 15-year adviser for UD’s moot court team and adviser for the Phi Delta Phi legal professional fraternity. He boasts, “I have met every graduate of our law school. It takes three years to graduate, so even when I came to UDSL three years after it opened, I met them as third years.” That’s lots of handshakes.

Dennis Greene

10 Sister Mary Louise Foley, F.M.I. Next to the admissions office is that of Sister Mary

‘Law professors guide the student through the self-learning process, the real learning is outside the classroom.’ — Dale Searcy

D AY T O N L AW Y E R

Louise Foley, F.M.I., campus minister for UDSL, a source of help for many students. Besides coordinating retreats and prayer services, and working with St. Thomas More Society volunteers in helping the homeless and hungry, Foley counsels students through times of stress and is often seen mingling in the hallways, making her a favorite among the law school body. Wes Somogy ’11, a member of the St. Thomas More Society, who has worked with Sister Mary Louise, said, “Sister Mary Louise embodies the personal and professional values that Dayton Law seeks to instill in its students.”

Laurence Wohl

Practical advice that stayed with me Most graphic Vernellia Randall

Sam Han

Robert Kreiss

example: Andrea Eveler Stanley ’81, who has her own practice, says that she often shares Professor Searcy’s “New York Pig Theory” when counseling divorce clients. “They should scale back their settlement demands because pigs get fat, but hogs get slaughtered.”

11 Interfaith Prayer Service

Catholic priests, Jewish rabbis and Muslim imams praying with 150 to 200 law professionals and law students — the School of Law’s annual Interfaith Prayer Service. “There’s a spiritual element to being an attorney, a judge or any kind of legal professional,” Dean of Students Lori Shaw said. “We want our students of all faiths to know that they can be good people and good lawyers.”

13 Alumni Flyer Basketball Reception

The only thing better than Flyer basketball is Flyer basketball with food and friends. “We try to schedule the event on a Saturday in February, preferably a game against Xavier, but at least a game with an A-10 team,” said Steve Yuhas ’85, 10-year president of the UDSL Alumni Association. The event also allows alumni to get an insider’s view from a member of the coaching staff or media.

Rebecca Cochran FALL 2009

14 Lawyer as Problem Solver Impressing the Carnegie Foundation as well as prospective students are UDSL’s innovations including a mandatory externship program, capstones, clinics, strong legal research and writing program, Program in Law and Technology, and an emphasis on ethics and Catholic, Marianist values that teach lawyers to be problem-solving leaders in their communities.

15 Albert Emanuel Hall 16

Collaboration with the Carnegie Foundation

In inviting the University of Dayton School of Law to participate in a consortium on the future of legal education, the Carnegie Foundation for the Advancement of Teaching recognized UDSL’s leadership role in the legal academy. “Each of the schools we are inviting to participate have been (among the leaders in) assessing their own curricula in recent years,” read the invitation letter from the Carnegie Foundation. The Carnegie Foundation also has invited law schools at Georgetown University, Harvard University, Stanford University, New York University, City University of New York, Indiana University, the University of New Mexico, Southwestern University and Vanderbilt University to participate in transforming legal education.

Dean Kloppenberg

A little recognition and optimism go a long way. School of Law Dean Lisa Kloppenberg learned that lesson years ago while clerking under 9th U.S Circuit Court of Appeals Judge Dorothy Wright Nelson, one of the first women on the U.S. Court of Appeals and one of three female deans of law schools in the 1960s. One day, Nelson advised her, “Lisa, I think you’d made a great dean.” Kloppenberg took that encouragement to heart. Now, her favorite part of the job is doing what Nelson did for her: giving recognition and providing encouragement. “To be an effective leader, I must show students that more is always possible,” she said. Her leadership is with a purpose. Dean Kloppenberg, says Allen Sultan, professor emeritus, “desires our students to live the proposition that being a lawyer is not merely a business. … Nor does she believe that being a lawyer is merely a skilled vocation. Rather, satisfying its long historical tradition of law as a profession, being ‘an officer of the court’ transforms an attorney into an individual with a deep responsibility to the law and to society in general.”

18 17 Externships

Legal Profession Program

The bulk of a lawyer’s work is writing and research. It’s a good thing, then, that UDSL’s Legal Profession Program, a required, two-semester legal research, writing, and analysis course has been ranked among the top 20 in the nation by U.S. News & World Report. Professor Maria Crist, the program’s director, says UDSL’s program stands out because “professors teach students how to become effective and efficient within the changing environment of law practice.”

Barristers Ball

annually offers the School of Law community an evening of fun and fellowship with a formal dinner and dance. 12

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UDSL is one of only a handful of schools in the nation that require every student to undertake an externship, a semester-long placement with a court, a governmental office or agency, a public interest organization, a law firm, or a business, before graduation. Receiving real-world experience and honing their legal skills, students shadow an attorney or judge and perform legal tasks under their supervision. The externship allows them to test their interests in different areas of the law by applying classroom knowledge in a real-world setting.

Law Clinic

“Out of all classes, none are more beneficial than this,” said Andrea Seielstad, one of two law professors who teach in the Law Clinic, a four-credit law course that serves local low-income persons with free legal aid. Each semester, 10 to 16 Law Clinic students take on 120 criminal adult and delinquency misdemeanor cases from the public defenders’ office in Montgomery and Greene counties. Students interview clients, council them through legal options, write legal work and go to court to represent their clients in assault, possession, alcohol, expulsion and special ed cases. “The course is the most practical real-life experience students can get,” said Seielstad. “(Students) cannot capture the essence of what will really happen in mock simulations, course study or theory. You never know, clients and circumstances in the real world are unpredictable. The clinic allows students to think on their feet.” “It will always be something I remember,” Nathan Little ’09 said. “As a third-year law student, I had a good idea what I was doing, but when my client came out in an orange jumpsuit, I realized, ‘Wow, I’m really becoming a lawyer.’”

‘I realized, “Wow, I’m really becoming a lawyer.” ’

Applying classroom knowledge in the community

Work with the homeless, helping students in the Dayton Early College Academy learn about law, serving the people of New Orleans over spring break — bringing the benefits of the law in many ways to many people. At graduation, students who complete at least 50 hours of legal service wear a purple cord with their cap and gowns and are recognized with the Pro Bono Commitment to Community Award.

StudyAbroad

Graduation

Three years of researching, writing and studying come to a close. You finally made it ... Next, the bar exam.

How about sitting through law class perched on top of Mount Solero on the isle of Capri during a sunny day in Italy? Professor Richard Saphire’s comparative human rights students did just that in the summer of 2008 while studying abroad for three weeks in Sorrento, Italy with the backdrop of the Mediterranean Sea, Mt. Vesuvius and the limestone cliffs of the Italian coastline. Students had the opportunity to meet with Italian law professionals and see them in action. They participated in a round-table discussion with lawyers, professors, and judges from the University of Naples School of Law and also observed legal proceedings at a local court. Saphire said that countries approach the law from different perspectives, based on each nation’s experience and history. Some differences took students by surprise but also forced them to consider the positive aspects of both the U.S. and Italian systems.

Dean’s Classic

In 1978 the 3L class was looking for some fun. Someone thought, let’s grab the law students and some bats and throw some softballs. The event turned into a co-ed softball tournament. Enlisting the support of Dean Dick Braun, they received $100 from student government to purchase trophies and called the tournament the “Dean’s Classic.” Students, alumni and friends of the law school still play in what now is a two-day tournament. Last year 12 teams participated. And now, there’s also golf, raising student scholarship funds. More than an event, however, the Dean’s Classic signals, in the words of Judge Thomas Hanna ’81 “the respite of a weekend of competition, and in later years, catching up with fellow alumni, and always the opportunity to ‘stick it to the Sharks’ one more time.”

25 FALL 2009

26 Academic Success Program

Implemented in 2007 as an expansion of a program for first-year students, the Academic Success Program offers coordinated workshops on note-taking, outlining, study habits and time management. “I try to demystify the process of learning,” program director Staci Rucker said. “There are a million ways to learn, and I help each student that comes to me find which is best (for himself/herself).”

27 28Mock Trial and Moot Court

Heck Courtroom The Mathias H. Heck Courtroom provides an excellent venue for mock trial, moot court, seminars, symposiums and as well as everyday classes.

These student competitions hone essential trial skills and written and advocacy skills. “Our mock trial students compete in the pre-eminent trial competition for law students, the National Trial Competition,” said professor Tom Hagel, who with professor Dennis Turner has for decades trained students for the competition. “Our teams,” Hagel said, “have dominated their regional competitors for years.”

Judge Walter H. Rice

About the longtime adjunct professor and advisory council member Lori Shaw, dean of students, wrote in the University of Dayton Law Review (2005), “In recent years, ‘professionalism’ has become the hot topic among practitioners and academicians alike. I believe that I speak for a generation of Dayton attorneys when I say, all I really need to know about professionalism, I learned in Judge Rice’s courtroom. I had the extraordinary good fortune to step directly from the law school classroom into Judge Rice’s classroom — his courtroom — where I served as his law clerk. “During his tenure on the bench, Walter Herbert Rice has been the most widely trusted leader within the Dayton community, a remarkable position for a jurist. In and out of the courtroom, he is the man to whom we turn for guidance.”

Law Review

“It’s more than a nice addition to the résumé. Greater development of writing, critical and analytical skills and the personal satisfaction of mastering a topic are the greatest perks to making Law Review, according to Susan Elliott ’87, assistant director for public services and co-adviser of the University of Dayton Law Review. Second- and third-year law students sift through journals submitted by academics, professors and judges, select the best articles, edit, check footnotes and sources, oversee the entire business side of publishing, and write for the three issues put out every year. “If you’re editing a journal and something isn’t clear, it slaps you in the face,” said Elliott, who was the managing editor of the Law Review when she was at UDSL. “Every mistake is more obvious.”

Road to Bar Passage

From graduation in May through the end of July — it’s a mixture of nervous energy, frustration and sleep deprivation for recent law graduates. But there is some comfort. In July 2002, professor Becky Cochran spearheaded the Road to Bar Passage, a test preparation course, to prepare law graduates for the Bar. At her semiweekly, eight-week prep-course, Cochran helps students practice writing essays under exam time constraints. She reviews them, comments on them and returns them to students to look over her suggestions. This summer, Cochran and her staff reviewed 2,500 pages of paper in preparation for the bar. Andrew Madden, one of Cochran’s 75 students, said: “It forces us to practice essays, which are two-thirds of the exam score. Vendor bar-prep classes don’t review essays and don’t give too much practical advice about finding our personal best way to study and articulating the knowledge we have.” Since 2003, UDSL passing rates have improved, and last year, 92 percent of UDSL graduates taking the test for the first time passed the Ohio Bar, the second-highest rate in the state of Ohio. And 100 percent of those who worked with the Road to Bar Passage passed that exam.

VITA

The Hispanic Volunteer Tax Clinic (where Julie Reiter, pictured left, supervised other student volunteers in 2008) four years ago expanded the Volunteer Income Tax Assistance program, which has helped low-income families with their taxes, free of charge, for 30 years. Dozens of students volunteer each year.

Plumwood Apartments Three blocks from Keller Hall and a short stroll from Ben & Jerry’s ice cream shop and Boston Stoker’s Night and Day Café, at least 30 law students at any given time call Plumwood Apartments “home.”

33 Friendships and marriages

Mike Sandner ’94 didn’t feel like hittin’ the bars. So when the group of first-year law students met at his Brown Street apartment to head for Walnut Hills, he bade them farewell and went studying … until she — the sandy-haired girl who sat behind him in property law — called and asked, “Have they left yet?” Lisa Sandner ’94, Lisa Provenzano at the time, had been studying in Roesch Library, lost track of time and missed her new friends assembling at Mike’s place. She decided to catch up with them, and, all of a sudden, going out wasn’t such a bad idea for Mike. So the two went to meet the rest. “It was pretty obvious that he came out because I’d come out,” Lisa said. “That was when I realized there might be something there.” And there was. Lisa and Mike saw each other often that first semester. They had the same classes, played the same intramural sports on Founders Field, ate lunch in Kennedy Union and took study breaks to watch Law and Order. By the time they returned home for Christmas break — Mike driving Lisa to New York before heading for Connecticut — they were dating. In the summer of ’94, they graduated, passed the bar and married. Lisa and Mike, however, weren’t finished with Dayton. Mike had an offer to clerk for the 2nd District Court of Appeals in Dayton, and Lisa received a call from John Hart, general counsel for UD, who offered her a position as special assistant to legal affairs on campus. Fifteen years later, now joined by three children, the married couple still lives and practices in Dayton — Lisa as a UD staff attorney and Mike as a litigating attorney for Daytonbased Pickrel Schaeffer and Ebeling Co. They’ve even gone head-to-head in a lawsuit, representing opposing clients. “People always ask how we do it — two lawyers, married — but I wouldn’t have it any other way,” Lisa said. “We’ve helped each other grow in our separate law positions since we’re still in the same general field. … He’s a much more matter-of-fact, go-by-the-books kind of guy. I’m definitely more emotional, but we’re a good resource for each other and … we have good understanding since we both think like lawyers.”

35 Late-night studying in Zimmerman Law Library

Jon Osborne, although he just started his studies this summer, has already found his new best friend: the Zimmerman Law Library. He visits before his 8:30 a.m. classes, on his lunch breaks and after the day’s courses have ended at 3 p.m. His favorite spot? “Along the windows,” which overlook the northern part of UD and the downtown area. FALL 2009

Threats of horrendous destruction. And threats to the Constitution.

A place called Gitmo

hen Kermit Lowery ’84, then a lieutenant colonel (now a colonel) in the Army Reserve, arrived at the executive airport

section of Miami International Airport in November 2004, he noted the posh surroundings, the fancy marble, the Learjets lined up outside. Earlier reserve deployments had taken him no farther away from his Dayton home than Minnesota. But now he was headed for Cuba. It looked to be a comfortable trip. His plane’s pilot arrived and told everyone heading to Cuba to follow him — and he told them they better have earplugs. The party of six — two pilots and four passengers — walked by the line of Learjets to a small two-engine C-10 prop Army plane holding six. At least it held six after they pushed the life raft into a corner so they could close the door. Then, Lowery was three hours in the air. The largest island in the Caribbean seems just a stone’s throw from Miami, but barriers of belief, history and political and economic systems make American use of Cuban air space impossible. And Lowery’s destination was on the far side of the island at the Guantanamo Bay Naval Base. The base came into existence in 1903 when the U.S. government and the new Republic of Cuba agreed on the terms of a perpetual lease. Fidel Castro, the current leader of Cuba, considers the lease illegal, Lowery says, and refuses to cash checks for the U.S. government’s annual lease payment of $4,000. The original use of the base was as a coaling station to refuel ships of the U.S. Navy. Lowery was on his way to serve his country on a different mission. Coming to serve his country, he would encounter an installation with detainees from around the globe as well as Americans from all branches of the military, the FBI and other government agencies. He would also encounter Craig King ’96, who was then serving at Guantanamo as an FBI 16

D AY T O N L AW Y E R

brought together people and problems that enflamed public discourse, that led to Supreme Court decisions and laws rewritten, that still look for resolution. Protecting the rule of law at such times is not the stuff of headlines. It is the work of lawyers. And among those lawyers have been graduates of the University of Dayton School of Law.

By Thomas M. Columbus

s Lowery’s three-hour trip to Cuba neared its end, the plane made a perpendicular approach to the end the runway — the fence just beyond the runway marking forbidden Cuban territory and airspace. Soon after landing, Lowery also discovered another fact about Guantanamo Bay. The site of the oldest U.S. military installation outside the country does not enjoy a lush tropical climate but rather an arid one in which flourish cacti, iguanas and banana rats — rodents that Lowery says look like a cross between possums and raccoons. Tarantulas are also very much at home around the bay. After having his luggage sniffed by dogs, Lowery settled into his housing and the routine of work. He would tell friends back home, “Come on down here. We work only half-days.” Then he would add, “Half-days, 7 a.m. to 7 p.m.” And that was at least six days a week, partially having to do with the immense workload but also with the fact that, Lowery says, “There was nothing else to do on the island.” His roommates generally arrived home first to claim their dwelling’s three lounge chairs and single television, and current magazines and newspapers were scarce. Mail arrived at the base on only Tuesdays and Saturdays and was generally not received by personnel until Wednesdays and Mondays. “Someone in my reserve unit sent me a package,” Lowery says. “To get it to me, it took 69 days.” He did, however, have a “connection” on the weekly FBI flight, which besides bringing current editions of The Wall Street Journal and the Fort Lauderdale Sun Sentinel often also resulted in the occasional treat of a box of Dunkin’ Donuts. So Lowery had no trouble focusing on work. When he learned that he would be doing habeas corpus administration, he bought two treatises from Matthew Bender (which is one of the publishing brands of the company, LexisNexis, for which civilian Lowery is vice president and lead customer solutions counsel). But the work turned out often to be more routine than research. “When attorneys for detainees came down,” he says, “we briefed them on what was acceptable, gave them a tour of Camp Echo [the area used for visitations], and explained what they could or could not bring in.” Everything except food had to be cleared, first by Justice Department lawyers in Washington, D.C., and then locally at Guantanamo. And here is where Lowery’s work became laborious. “Attorneys would skip the first step,” he says, “so we’d have to take the material they brought for detainees and review it.”

Magazines containing sexual content and promotion of terrorism were among the items to be reviewed. “We had only four people to review the material,” Lowery says. “So it piled up.” Among items banned by a federal court order were video and sound recordings. An exception to the rule was allowed, however, during the process of a detainee selecting an attorney to represent him. “The detainees,” Lowery says, “thought the pro bono attorneys coming to represent them might be us [U.S. government officials].” So an attorney was allowed to go overseas to the detainee’s family and videotape them indicating the attorney was suitable to represent him. Mail destined for detainees was subject, Lowery says, to a 48-page federal court order on habeas corpus. And Brig. Gen. Jay Hood, the base commander, was clear on how he wanted the law safeguarded. “The general,” Lowery says, “wanted the staff judge advocates responsible for it. So we had to document each piece, report to the Justice Department, deliver the piece of mail within 48 hours of receiving it, and then report that back to the Justice Department.” The office had one clerk. Lowery and his fellow lawyers were busy. At times Lowery saw the work as a lot of “administrative [a term more generally used by a foot soldier than a legal officer]” and felt like a “glorified mailman.” But he personally saw that the mail was delivered. The Postal Service may take justifiable pride in not being deterred from its appointed rounds by “neither rain nor sleet nor gloom of night,” but some of the people at Guantanamo encountered worse conditions. Lowery saw some of those who delivered mail there pelted by food, spit, urine and feces. Although he did not have that happen to him as he brought as much as 60 pieces of mail to

A climate in which flourish cacti, iguanas and banana rats. five separate camps, he did make use, when on a cell block, of the goggles issued to guard against hepatitis. Notwithstanding the efforts at successful mail delivery, defense attorneys would file complaints that magazines were stolen. “We’d have to investigate and file a report,” Lowery says, with a note of exasperation in his voice. More serious than perception of delays in magazine delivery to him and his legal colleagues were accusations of abuse. Some of these were true, Lowery says. “Standard operating procedure was to use only necessary force to subdue a disorderly or violent detainee. Punching, kicking, slapping were not allowed. Sure, it happened. But when brought to our attention, the violators were punished and, if not removed from duty, not allowed contact with detainees.” To help prevent such incidents from happening in the first t

Cold-blooded terrorists committed to destruction. And juveniles caught up in something beyond their grasp.

representative to the office of military commissions and was the next year profiled in the Dayton Lawyer. Another UD law grad, Dale Riedel ’04 would serve in 2008 at Guantanamo with another unit of government, the U.S. Air Force. Surrounded by controversy that extended worldwide and contentious issues that were resolved only by the closest of Supreme Court margins, the three were among the many serving their country, protecting the rights of those detained and, in the routine of day-to-day legal work, helping to esure the survival of the rule of law.

FALL 2009

R O U N D T A B L E place, Lowery says, “Brig. Gen. Hood encouraged us to make unannounced visits to the camps. He told us we had absolutely to report any actual, alleged or perception of mistreatment or abuse.” Lowery says that, although some abuse existed and there was evidence of prisoners having been abused in other countries, he observed at Guantanamo nothing “generic or systemic.” He did, however, observe a pattern of accusations that was generic and systemic and that “would just grind up resources.” He believes many detainees were familiar with the tenets of an al-Qaida training document, the Manchester Manual, so-called because it was found in Manchester, England. He sees them as having been trained in counter-interrogation techniques that included the advice that, if one were captured and brought before the Red Cross, a judge or a tribunal, to say that one had been tortured and that any confessions were forced. “So, some detainees were there for many months without complaining,” Lowery says, “but when they went before a tribunal, they alleged abuse.” Lowery in his 10 months at Guantanamo worked on 150 cases of alleged abuse. He disagrees with those who claim widespread abuse at the base. He also says that, like any high-security prison in the U.S., some there may have been the “worst of the worst but some just got caught up in the spin cycle.” He notes the number of detainees, however, has been reduced Maj. Dale Riedel ‘04

Law... preserves,

didn’t see this detainee’s cell. If he had, he wouldn’t have filed; cells have open air windows and ceiling fans. Nevertheless, the medical people had to do X-rays and lung capacity tests.” The detainee had no medical evidence of asthma; he did have a good friend near where he wished to be moved. Dale Riedel’s view of Guantanamo was different from Lowery’s in that often it came from farther away. Riedel, a 1996 Air Force Academy grad now a major serving as active-duty staff judge advocate at March Air Reserve Base in California, was stationed in Washington, D.C., clerking for a judge when he was assigned to the Office for the Administrative Review of the Detention of Enemy Combatants (OARDEC). Except for trips to Guantanamo, Riedel worked at a location nearer his northern Virginia home than his Washington job had been. Much of his job with OARDEC from January to June 2008 involved reviewing for legal sufficiency the recommendations of administrative review boards. “Any detainee who finds his way to Guantanamo,” he explains, “is tagged either to be prosecuted by a military commission or be subject to review by OARDEC. Each detainee subject to OARDEC is subject to a Combatant Status Review Tribunal.” The process of a military commission is a criminal prosecution. The work of a CSRT is an administrative review to determine whether or not the detainee is an enemy combatant. If the detainee was determined to be an enemy combatant, the detainee was subject to annual reviews by an administrative review board, which generally consisted, Riedel said, of “three fairly senior officers who reviewed information, met with the detainee, listened, and made a recommendation whether the detainee should stay, be released or be transferred.” The four attorneys in Riedel’s office would then review the ARB’s recommendation for legal sufficiency, for its compliance with the Detainee Treatment Act of 2005. “We did a lot of these,” he said, “hundreds a year.” Riedel found two of his activities particularly interesting. “The Detainee Treatment Act,” he says, “required that we have a process for reviewing new evidence. If new evidence were received that called into question a detainee’s status as an enemy combatant, he would receive a new CSRT. My job was to establish a process for new evidence reviews.” Part of that process involved using material in habeas corpus petitions that were available. “I instituted 100 percent review of these petitions for possible evidence,” Riedel says. “We didn’t require someone to ask for a review. If we found sufficient evidence, a new CSRT was held.” Riedel was also the primary OARDEC legal adviser in rewriting the CSRT and ARB rules related to implementation of the Detainee Treatment Act. “The portion of that law impacting our process,” he says, “had to be incorporated into the process. The rules had to make sense and allow due process.” Due process. Making sense. Paying attention to detail. Not the stuff of headlines but the stuff of law as it preserves, protects and defends a Constitution and a country.

protects and defends. from 900 to close to 240. One example of resources being ground up was the time and effort taken investigating a complaint of a detainee who claimed he saw a guard take a detainee out, shoot him in the head and throw him in the ocean. “So,” Lowery says, “we needed to investigate. It is physically impossible for detainees to see the ocean. Nevertheless, we had to involve the Naval Criminal Investigating Service and check records.” In addition to accounting for every detainee, investigators accounted for every bullet. “Bullets are an accountable inventory item,” Lowery says. “No bullets were missing.” Another case involved an attorney putting forth a detainee’s claim that he had asthma, had not been treated and should be moved to a cell near the exercise yard in order that he could have fresh air. “He snookered his attorney,” Lowery says. “All attorney visits with detainees are in Camp Echo, so the attorney 18

D AY T O N L AW Y E R

’70s

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’80s

es mi, sintia quatum nobis dessum liquodi onseceptus, cupta doluptati dolupta si ut volorum imo coribero beate consequundem nitatiatur, tet aut etur, oditia quis consequiam, qui tem que sunt eos expeliquatus acepedit ereius exere, santorio in ped quo eos dolor minctius sam et aut maio int moditas esciet evellorere et alibusda seque nobis auditat es por adit, idipsape maximinctur, utemporem repro blande volo consequae pos debis dolorenim simoloribus earunt, solor maxime consed que nobit quaspit velliquame necta si voloreh enitasitaque vit pro volorem imus debitaero cum aniscit pores illendi occum dolupta consed ut ut fugiat untium es sum aut explit a vendae. Et aut quiscid eliquam sit fuga. Et ipienihic te accupta quid quas exeremp orepero comnisin nis aut et autem ullit acerita turessit, ommod unt laciis sit explignit lant repratum qui voluptae sit harum es aut ommos dolor audandita audaectem accum eniet officid erectiis doluptatia int estionsed min et eum verempo rrorum erestio. Uga. Et ea doluptassit quo dem audi ius. Apisquos velition et optae quas in et volloru mquias evendae nobit adi tem ipsam, soluptassit, ad ullupta cumet delitatem fugitas as mollate dolut laborunt autatas doluptur susam niscienes molut explibusdant et odit ilitat volorest ex earum ut dolorpore, sum id quidi inctae laboreperum quis explitio to velibus molese vollenias seque eictiusam voluptatiam, venectissime con reperer umendis voluptiur? Alit eos sum qui cusamus amus, apis minciatqui nimusdanda velitiorit harum laborum utecull aboreceatur acestior sandam facepere eaturia spitae ilitiorporro volor mincipsam, utemporiaRum voluptibus dolut restio optae nobis ad mos ellab incte prori conseque pa asima vero corerum et quiberum as et, sus re porum exerisi dolendae natus. Ovit, commoluptam qui nobit, esto eossi aut invenis dolutet prem conet quam conse rectem fuga. Nam as simpori beaquatem volorita pra voluptae mosam que quo comni optaectem. Naturiandae eossincimi, te suntio cusa nullaut dolorro tem et abore et laut excessi nverehent audi beaquam soluptae magnimpores expernate nem nulpa qui optas num ende niamus, offictotae nuaerions erumquia con por restiis dolenit dia quiae remporent di occuptae plit andae. Et et molore rem vent quo quatesc ipsantem con ped millupt asitatet issum amet venienditas dis nis suntibus moloresed essus rem es videm ium inus rem eum acit, corem eossinus preceprorem reptat.

From local commitments to international buzzing Deborah Indivino has been busy as her namesake (“Deborah“ is Hebrew for “bee“). Indivino recently returned from a 10-day trip to Novgorod, Russia. She is a member of the Russian American Rule of Law Consortium, which partners with the World Exchange Program to exchange Russian and American lawyers. Indivino had heard about the program from several of her colleagues Deborah Indivino ’79 and joined RAROLC, but anticipated waiting to go to abroad. Fortunately, her chapter wanted someone who practiced matrimonial law to accompany the representatives going to Russia. While there, Indivino said she presented a paper on matrimonial relations and fielded questions with the assistance of an interpreter. She also had time to enjoy her surroundings. “The weather was wonderful, the people were very friendly, and the food was great,” she recalled. She briefly mentioned an example of the differences between the two cultures. “In America, attorneys and judges are used to mingling with each other. In Russia, this is not the case.” As part of the exchange program, Indivino had an opportunity to host Russian lawyers and treat them to sightseeing. “They were very impressed with Niagara Falls,” she said. Indivino has served as an attorney for 29 years and is currently running for town justice in her hometown of Greece, N.Y. Indivino credits her “sense of fair play and justice” and concern for the community to her UD education. She serves as a volunteer for many charitable organizations in conjunction with serving in the legal sector. When Indivino is not buzzing around the world or in her community, she enjoys football — she is an avid Bills fan — and spending time with friends. —Charity Smalls ’10

’90s

eat erios mos et as et, soluptat ut qui officiis es mi, sintia quatum nobis dessum liquodi onseceptus, cupta doluptati dolupta si ut volorum imo coribero beate consequundem nitatiatur, tet aut etur, oditia quis consequiam, qui tem que sunt eos expeliquatus acepedit ereius exere, santorio in ped quo eos dolor minctius sam et aut maio int moditas esciet evellorere et alibusda seque nobis auditat es por adit, idipsape maximinctur, utemporem repro blande volo consequae pos debis dolorenioloribus earunt, solor maxime FALL 2009

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faceperitis nimi, to beaquat aquiat eostiorro essimus qui con rerum iditate pedit, ut quiassus.

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Graduation, continued from Page 5 the practice of law. The consideration for that monopoly is our service to society. True professional fulfillment can only be found in service to the client and to the larger community. … Despite the demands of law school, the Class of 2009 has stayed connected with the world around it. A record number of you, 33, are being honored with a Pro Bono Commitment to Community Award. The purple cords you see today represent more than 2,500 hours of community service. … Our Student Bar Association and student organization officers have shown exceptional leadership, organizing symposia, speakers and conferences; spearheading food, clothing and toy drives for charity; and sponsoring the Community Thanksgiving Celebration, Diversity Fest, Barristers Ball and a host of other events. This was a group that was not afraid to jump in and get its hands dirty to get the job done. … And then there is the quiet leadership shown by so many of you. You would be surprised at how many times someone came

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D AY T O N L AW Y E R

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Dean’s Fund Excellence for

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In Memoriam: Andrew Romero ’96, Patent Team Chief of

Army Communication & Electronics Command Life Cycle Management Command (CECOM LCMC) Office of the Chief Counsel-Fort Belvoir Division, passed away on Dec. 20, 2008, at the age of 43. He is survived by his wife, Younge-Ae, his two daughters, Jacqueline and Zaneta, and son, Phoenix.

to see me to say, “Dean Shaw, I’m worried about my friend. Will you talk to him?” You’ve acted as your brother’s and your sister’s keeper, not for glory, not for a title, but because it’s the right thing. Third, make the choice to find time for family, for friends, and most of all for yourself. To love what you do is a wonderful thing, but to define yourself by your job alone is a mistake. … I cannot recall a class with more family ties and more family support than the Class of 2009. … Finally, please don’t forget yourself. Emerson wrote, “We must be our own before we can be another’s.” I wish I had more time so I could mention each class member individually, but I suspect you are more than ready for the hooding to begin. Please know that I carry with me fond memories of each of you. The Class of 2009 has changed the world at UD Law for the better. I wish you all the best and I cannot wait to see how all of you do on your final assignment! The curve will not apply, and I am expecting all A’s! Thank you and God bless. n

“The curve will not apply, and I am expecting all A’s!”

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Bethlehem Steel, Mack Truck and Western Electric were all thriving near

Call 888-253-2383 or visit http://supportud.udayton.edu. Or send a check to: Dean’s Fund for Excellence University of Dayton School of Law 300 College Park Dayton, OH 45469-2961

the Lehigh Valley home of Richard Schaedler ’78 when he left the area, heading for Dayton to study at a law school that had just opened the previous year. In Dayton at the time, flourishing companies included Mead, NCR and General Motors. Some things change. Among Schaedler’s classes at Dayton were ones with professors Norman George and Barth Snyder in a windowless classroom in the basement of Albert Emanuel Hall. Schaedler has never seen Keller Hall but has no trouble believing it offers a great improvement over his old classroom. For the last 31 years, Schaedler, now of the firm Butterfield-Joachim-SchaedlerKelleher, has been engaged in the general practice of law back in the Lehigh Valley in Bethlehem, Pa. The old Bethlehem Steel plant has long since ceased producing steel; now it has been transformed into a Sands Casino. As manufacturing in the Lehigh Valley, as in Dayton, declined, Schaedler’s firm assisted in the creation of a new business and industrial order of diversification and service. “If you’re at Point A in time,” he say, “and move 30 years into the future, you might say, ‘Wow! That all happened!’” Change can seem fast, he says, to those stuck in the present with no vision of the future. People with imagination, he adds, see change and find ways to use it positively. But, he also notes, “some things, like professional responsibility and ethical behavior, never change.” The true professional gains the wisdom to learn the difference between that which changes and that which endures. Support the future lawyers at Dayton who are seeking that wisdom.

University of Dayton 300 College Park Dayton, OH 45469-2963

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Kermit Lowery â&#x20AC;&#x2122;84 found himself in Novermber 1984 a long way from his job in Ohio as vice president and lead customer solutions counsel for LexisNexis. He had been deployed in the Army Reserve to Guantanamo Bay, the oldest U.S. military base outside of the country. His job was different. But his profession was the same. He was there in service to the law. See story on Page 16.