Summer 2006 Lawyer by Gonzaga University

the

SPRING/SUMMER 2006

LAWYER

GONZAGA UNIVERSITY SCHOOL OF LAW

since 1912

Moving Forward While Looking Back Clinical Law Program 30 years of Public Service Thomas More Celebrates Silver

the

LAWYER SPRING/SUMMER 2006 of

Dean Earl F. Martin

Table

Managing Editor Nancy Fike

Features:

Associate Editor Laura Mathisen Copy Editor Liz Bowen Contributing Writers Mary Pat Treuthart Dan Webster Larry Weiser Laura Mathisen Gary Randall Pete Tomey Nancy Fike

Contents

Thomas More Celebrates Silver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Dan Webster Gonzaga University School of Law’s Clinical Law Program Celebrates 30 Years of Public Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Larry Weiser Service-Learning: Connecting Social Justice and Legal Eduction . . . . . . . . . . . . 8 Mary Pat Treuthart

Departments: Message from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Senator John Edwards speaks at Luvera Lecture. . . . . . . . . . . . . . . . . . . . . 10

Graphics Editor Gerald Almanza Director, Graphic Arts

In the News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Graphic Artist Sheila Evans

Faculty Scholarship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Photographers Amy Sinisterra Team Photogenic Laura Mathisen Dean Davis Jerry Green

Alumni Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

The Lawyer is published biannually for alumni, faculty, staff and friends of Gonzaga University School of Law. Please contact the Office of Alumni Relations at (509) 323-3605 or nfike@ lawschool.gonzaga.edu if you have comments or suggestions.

Life in the Library—Ode to the Student Worker . . . . . . . . . . . . . . . . . . . . . . 15 June Stewart

Summations: Student Notes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Rising Stars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Milestones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Message from

the

Dean

As you will discover in the pages that follow, we have had a busy and productive 2005-06 academic year at the law school. Our students have worked hard, our faculty have continued to create connections to the bar and the academic community, and our alums are increasingly energized about, and invested in, the future of this wonderful school. The last ten months have seen a long list of accomplishments by our student body. The Student Bar Association and other student organizations have sponsored numerous speakers, forums, and panel discussions. The Gonzaga Law Review and the Gonzaga Journal of International Law have produced high quality volumes, with the latter continuing to create a unique place for itself on the World Wide Web. The Moot Court Council fielded highly competitive traveling teams and staged an exceptional Linden Cup competition that culminated with two outstanding student teams arguing in front of a packed house and a panel of sitting justices from the Washington, Idaho, and Montana Supreme Courts. The law school’s faculty members have been exceptionally productive in using their talents to improve the practice of law and explore its theoretical underpinnings. Faculty members have written law review articles, case books, and treatises. They have spoken at academic conferences, continuing education programs, and community forums. They have served on task forces, bar committees, and community boards. These accomplishments, a list of which appears later in these pages, are the product of a faculty that has enthusiastically embraced its responsibility to fully participate in the evolving conversation on the law. I have had many opportunities in the first ten months as your dean to meet and connect with our alums. These opportunities have occurred, among other venues, at alumni gatherings in firms and restaurants, on special occasions like the Luvera Lecture Series, and at the many law school events that bring our graduates back into the building. On every occasion, I have encountered alums that fondly recall their time as students, that are proud of our facility, and that are personally invested in future of this school. The accomplishments and talents of our students and faculty, and the commitment of our alums create a powerful force upon which to build the future of this school. We have a past to be proud of, a present that is upholding our tradition of excellence, and a future that presents a lot of promise. I look forward to working with all of you as we take this law school to new heights.

Class Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 In Memoriam. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Giving Briefs—Lloyd Meeds and Toby Lee Scholarship. . . . . . . . . . . . . . . . . 33 Tax-Advantaged Charitable Gifting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Gary C. Randall

Dean Earl Martin Gonzaga University School of Law

Visit our homepage at www.law.gonzaga.edu

Sometimes the best ideas

Thomas

More celebrates

Silver Reflections on the Silver Anniversary of the Thomas More Scholarship Program by Dan Webster

are those most easily shared. That’s what Gonzaga Law Professor John Morey Maurice had in mind twentysix years ago when he proposed that the law school institute a scholarship program built around the concept of public service. “I readily admit that my proposal was unabashedly modeled on the Elihu T. Root-Samuel J. Tilden Scholarship Program at the New York University School of Law,” Maurice wrote five years ago in his summary of the program on its twentieth anniversary. Maurice attended the NYU School of Law on a Root-Tilden Scholarship from 1961 to 1964. The Gonzaga program was initially known as the Presidential Scholarship, and renamed the Thomas More Scholarship Program (TMs) a few years later. Known to most people today through the 1960 film “A Man for All Seasons,” Thomas More was a sixteenth-century lawyer and judge, scholar and writer. He was also a public servant, having held a number of posts during the reigns of both Henry VII and his son, the infamous Henry VIII – who eventually had More executed for living up to the dictates of his own conscience. In 1935, More was canonized by the Catholic Church, which lead to his becoming known as the patron saint of statesmen, lawyers, and politicians. Four and a half decades later he became a symbol for Gonzaga University School of Law students. The law school was a much different place in 1980 when the program commenced. Still in the process of evolving from its genesis as a night school, Gonzaga School of Law had far less of a sense of community than it does now. As a means of encouraging students to become involved with the Gonzaga Law Review, to participate in such competitions as Linden Cup and the ABA sponsored moot court competitions and, most importantly, to reflect the Gonzaga Mission of service to others, the scholarship program seemed like a good idea. Of the 187 students who have been Thomas More scholars, nearly half (ninety-two) are engaged full time in public-sector, public-service, or community work. And that percentage has held up. Of the forty-six scholars who graduated between 2000 and 2005, twenty-seven are working full time somewhere in the public sector. The scholarships – which cover eighty percent of each recipient’s tuition – are awarded for one academic year without regard to financial need. They are renewable, based on each scholar’s ability to meet both the program’s academic (a minimum grade point average) and public-service requirements. The contributions that TMs have made to the law school over the years “have been numerous and varied,” said Professor Jim Vache, former dean and codirector of the scholarship program since

2005. “In my mind, the most important aspect of the program is the willingness of the scholars to quietly provide leadership and support for a variety of public service activities for the larger community.” The TMs have been responsible for initiating programs at the law school such as the student first-year tutorials now under the auspices of the SBA. They started a student group focused on public interest activities that subsequently became Gonzaga Public Interest Law Project (GPILP), and most recently, the alternative spring break service program known as “Mission Possible.” To Professor Mary Pat Treuthart, who assumed the program’s codirectorship in 2002, the value of the program to TM scholars is that it’s kept that commitment to service “at the forefront of their consciousness.” “And,” she adds, “the fact that most students choose to pursue public-service careers, at least initially, is notable because the level of their academic success would allow them to pursue more highly compensated job opportunities.” She believes that financial and other support by the law school is important because it represents “a tangible commitment to the importance of public service.” To that end, Treuthart, Vache, and Program Coordinator Pam Pschirrer are working to help make several things happen: • They hope to return the scholarship to the 100percent-tuition level that it was prior to 2002, and to develop an endowment. • They would like to increase student opportunities, both for TMs and all interested GU law students, “for post-graduation publicservice jobs and fellowships.” • They desire to strengthen relations with TM alumni. • Finally, they want to spread the word regarding the program’s contributions, not just for the program itself, but for the school of law overall. “Along with enhancing job prospects, I would like to increase the visibility of the program regionally and nationally, so that we can attract highly qualified applicants and bring in outside speakers for the betterment of the whole law school community,” Treuthart said. Law schools at Seattle University and the University of Washington have recently announced newly-created public interest student scholarship programs. Rather than being concerned about competition, TM students and alumni are excited about the potential for the three schools to collaborate regionally on public interest lawrelated projects. “After all,” Treuthart concludes, “fostering a broader commitment to public service benefits everyone.”

John Morey Maurice Founder of the Thomas More Scholarship Program, Maurice will be honored on Saturday, August 19, 2006 at the Jundt Art Museum from 6:00 to 7:30 p.m. during the Thomas More 25th Anniversary Weekend. Professor Maurice provided the vision and leadership in developing a program the provides significant merit scholarship aid to highly motivated students committed to public service through the practice of law. We hope you can join us on August 19 in honoring John Morey Maurice. Please contact the Gonzaga University School of Law Alumni Office if you are interested in attending. nfike@lawschool.gonzaga. edu or 509-323-3605.

Thirty years Gonzaga University School of Law’s Clinical Law Program Celebrates

of Public Service

By Larry Weiser

For the past thirty years, thousands of Spokane

State that receives grant funding to provide significant legal services to the community.” “In founding the Clinic, our idea was to provide many of the same services that National Legal Services furnished around the country,” says Mark Wilson, founder of the clinical program and the first Clinic director. “One of the difficulties with the National Legal Services program was the number of restrictions; things they were not permitted to do. They couldn’t represent people in criminal cases. If someone earned ten dollars a year over the poverty guideline, they weren’t eligible for assistance. Since Gonzaga was a private university relying on funds it raised itself, we weren’t saddled with those restrictions.” “When we started, the idea was to represent people who would not otherwise have access to the courts,” Wilson continues. “But the underlying purpose in establishing the Clinic was to train students to be good lawyers. In the Clinic a student is a practicing lawyer, handling cases with personal responsibility to a client. When a student receives training in a private firm, the connection is between the lawyer and the client - the student is an assistant. But in the Clinic, that connection is between the student and the client, and the supervisor is in the background. Clinic faculty carry the student’s briefcase, rather than the other way around.” The Clinic enrolls forty to fifty students in the fall and spring semesters with a variety of credit offerings to accommodate both second and third year law students. Students in the clinical program start with a classroom component emphasizing the nuts and bolts of litigation, negotiation, and trial skills. Clinical courses are rigorous and demanding, offering real-world substantive, procedural, and ethical challenges. Six paid Clinic faculty are assisted by five support staff and three retired, volunteer practitioners giving students a broad range of learning experiences in several areas of specialization. Under the guidance of experienced faculty mentors, students take on cases as lead lawyers putting their academic skills into practice. Students meet with clients, interview witnesses, draft and file pleadings, draft and respond to

area residents have passed through the doors of the clinical program now housed in the School of Law’s Center for Law and Justice. They arrive sharing a common story; one of need with a legal tangle, often with nowhere else to turn for help. They come by referral from a community agency looking for legal guidance, and enter to find talented, aspiring attorneys ready to render assistance. The School of Law’s Center for Law and Justice is home of University Legal Assistance (ULA), a non-profit (501 C3) clinical law program dedicated to offering legal support to low income and elderly clients. Commonly referred to as “the Clinic,” Gonzaga’s clinical law program was one of the first of its kind established in the United States. Since it began in 1975, over 600 law students have worked in the clinical program, representing or supporting the legal needs of over 9,000 clients. Many Clinic alumni have continued their careers in public interest law and most have developed successful practices. All have been imbued with a sense of what it means to be sensitive, ethical lawyers with an obligation to serve their communities and provide pro bono legal services to the economically disadvantaged. In 2006, the clinical program celebrates thirty years of service to the Spokane Community. The Clinic’s anniversary weekend celebration is targeted for September 2006, bringing together Clinic alumni, faculty, friends and the legal community to honor the contribution and dedication to public service provided by Gonzaga Law’s clinical program. “When we started, Gonzaga’s Clinic was a vanguard program for law schools providing low or no cost legal services to the community,” says clinic director Larry Weiser. “The Clinic started with two objectives: to teach legal doctrine and skills experientially by placing students in professional roles, and to provide pro bono legal services to needy clients who would otherwise not have access to justice. Our public service mandate distinguishes Gonzaga’s clinical program from other law school programs. We are the only law school in Washington

discovery, take depositions, negotiate settlements, and learn first hand the relationship between the law, facts, and evidence. When a case goes to court, rules require that students be accompanied by a licensed, supervising attorney, but in many cases students have an opportunity to present arguments and plead cases in the courtroom. The clinical program represents approximately 400-600 clients per year and many more individuals are assisted through information and referral, or brief service contacts. The Clinic strives to adapt legal services to community need, handling civil rights, consumer law, or other issues falling under general practice. A prime example of this is a high profile voting rights case that student lawyers are currently working on, challenging a Washington State statute. Gonzaga law students prepared and presented summary judgment arguments in coordination with co-counsel and the NAACP Legal Defense Fund. Although most cases fall into the General Practice Clinic, specialized clinics are available based on community need, and in part on available funding. Specialized clinics allow students to practice in a particular area of law. The Elder Law Clinic is one of the most vital of the specialized clinics, providing services to Spokane County’s elderly community. Cases range from housing, landlord tenant issues, to public entitlements, consumer, family law, estate planning, and cases involving abuse or exploitation of the elderly. This clinic receives a grant from Aging and Long Term Care of Eastern Washington, under the Older Americans Act. Partial funding comes from the Long Term Ombudsmen Program in support of individuals in nursing homes and adult family homes. The Domestic Violence/Family Law Clinic is supported in part by The Legal Foundation Grant. This grant focuses on providing legal services in the area of domestic violence and family law. City of Spokane Human Services also provides grant funding for legal support of victims of domestic violence, and

abused or exploited elderly. Other specialized clinics include the Business Transactional Clinic representing non-profit and for-profit start-up business and organizations in need of legal services. A grant from the IRS helps support the Low Income Taxpayer Clinic, providing legal services to low income residents dealing with tax problems. The Lands Council of Washington grants funds to help support the Environmental Law Clinic, covering environmental legal issues. George Critchlow, the Clinic director from 1997 to 2004, found working in the Clinic has had long reaching effects on many students. “There is evidence that students who come into the program - even if they did not go into the program thinking that they might want to do public interest work or legal services work - start looking for this type of work because they’ve been sensitized to its importance. They see that the type of work we do is interesting, exciting, and diverse.” The clinical experience is one of active learning. It provides law students the environment and the law firm structure to learn how to practice law. The Clinic’s physical space in Gonzaga Law School was built in 2000, and offers student lawyers the chance to practice in a professional setting similar to that of lawyers in the community. Graduates entering the work force step into their new careers with the advantage of having real world experience; a running start in terms of how to practice law. Over the years, the collaboration between Clinic students and supervisors has produced impressive results, including the first student lawyer to present arguments to the Washington State Supreme Court. Gonzaga law students have argued or appeared in all courts during their time at the Clinic, including state trial courts, courts of appeals, Federal District Court, and the 9th Circuit Court of Appeals. The Clinic is a fixture in the region’s legal services community. This September, join Gonzaga University School of Law in celebrating thirty years of dedication to public service in the Spokane community.

Service learning , I added a service At the outset, I was uncertain whether these benefits would learning component to the Women and the Law course I teach. actually result, but I was convinced that the possibility of My service-learning goals for the class were: 1) to provide enhancing student learning warranted experimentation with a students with an alternative, hands-on approach to learning group of willing participants. course concepts; 2) familiarize students with the day-to-day Many of the suggested placements were non-legal. In addition problems of women and girls, particularly those who are lowto ensuring demarcation from the externship program, there income or in transition; 3) assist non-profit service providers in the were several justifications for encouraging the selection of a community through the use of student non-legal placement. I hoped students volunteers; 4) promote a longer term would recognize that social justice is commitment to public interest work by broader than legal justice. I wanted students, and 5) integrate the social to foster a sense of volunteerism in Public service seems like justice mission of Gonzaga University students apart from their identity as into the substantive course work at the lawyers. I anticipated that a broader School of Law. linkage might be created with the such a vital part of education. Providing a brief definition of community in which students live. service-learning is difficult. One Students are often temporary prominent researcher found nearly 150 residents in the areas where their I’m always complaining different terms used in the literature schools are located. Many have to describe something akin to servicebeen active volunteers in their home learning.2 One succinct description communities. Even interested students that law students don’t have states that “service-learning is a are deterred from making a new form of experiential learning where community connection due to barriers students and faculty collaborate with that should be readily surmountable, enough time to do everything, communities to address problems such as uncertainty about service and issues, simultaneously gaining providers or lack of transportation. I knowledge and skills and advancing hoped service-learning would prompt but some things are too personal development. There is an those already inclined to participate in equal emphasis placed on helping community work because an organized communities and providing valid program would remove a few of the important to put off until later.” learning experience to students.”3 logistical hurdles. There are characteristics common Lawyers and law students to the concept of service-learning; sometimes develop a sense of elitism –3rd year female student namely, the emphasis that serviceabout the importance of the work that learning places on the reciprocal nature they do. Legal and analytical skills are of the endeavor: giving to individuals, essential in certain circumstances; organizations, and the community indeed, a license to practice law is while reaping the benefits of enhanced knowledge by the required by statute in almost every jurisdiction to do specific tasks student participants.4 An important aspect of the experience that such as representing another individual in court or dispensing differentiates it from other volunteer activities is making certain legal advice.7 that there is a means for students to “reflect critically upon their Limitations are placed on the “practice” of law by those experiences.” 5 who are still in law school.8 Supervision by an on-site licensed According to its proponents, service-learning is beneficial to attorney is essential. While students are permitted to perform students because, among other things, it “increases retention; a myriad of law-related tasks under supervision, they generally provides quality education; increases the relevancy of education to must complete a designated number of credits before they are students ‘living in a real world.’ It enhances personalized education permitted to do so, even under the auspices of an externship or for students; teaches positive values, leadership, citizenship, and clinical program. Non-legal service-learning placements avoid personal responsibility; empowers students as learners, teachers, these particular restrictions and allow students to take part achievers, and leaders; invites students to become members of beginning in their first year of law study. At the same time, it is their own community; [and] teaches job skills.”6 helpful for students to gain an appreciation for the knowledge

and capability exhibited by professional and support staff in heartfelt and touching. other fields. Increased awareness of community resources Service-learning allows deeper understanding of client and the development of ties to reliable contact persons can needs and fosters commitment to change social conditions that benefit students who may have an ethical duty as lawyers to may affect clients. It is ideally suited for preparing law students advise clients, not only about the law, but also to refer to “other to be members of a profession that purports to value service considerations such as moral, economic, social, and political in the public interest. Service-learning is an effective means factors that may be relevant to the client’s situation” 9 to reconnect substantive course work to human experience The 26 original class members (21 women and 5 men) were in a way that is meaningful for all students and for women law placed with 15 different agencies that ran the gamut from more students in particular who lament the lack of connectedness in traditional legal work to activities completely unrelated to the the traditional law school curriculum. law. The two legal placements involved assisting women litigants For me, it has been the answer to the conundrum that in domestic relations cases (under the auspices of the local bar previously perplexed me in my teaching, that is, to make association’s Volunteer Lawyer Project) and advising unmarried the lived out reality of people’s lives more concrete. For my new mothers of their legal rights students, I hope it continues to be (part of the Childbirth and Parenting a pivotal learning opportunity that Alone program sponsored by Catholic encourages them to make service an Charities and headed by Ann Marie integral part of their future lives. At first it seemed as though Leibhaber, a law school alumna). Non-legal placements included 1 Professor Mary Pat Treuthart joined the Gonzaga faculty in 1989. This excerpt, with some revision, such organizations as the Spokane was taken from an article titled Weaving A Tapestry: Providing Context Through Service-Learning, 38 Gonz. this would be a pretty easy Sexual Assault Center (assistance L. Rev. 215 (2002-2003). and support to rape survivors), the 2 Jane Kendall and Associates, COMBINING SERVICE Alternatives to Domestic Violence AND LEARNING 22 (1990). These descriptions include: action research, altruism, citizen involvement, volunteer job, but in actuality, Program sponsored by the YWCA citizenship, civic awareness, civic literacy, collaborative learning, community-based education, (services to battered women and community education, community service, cooperative education, cross-cultural learning, education for their children), the YWCA Multisocial responsibility, experiential education, field I learned that providing service Cultural Center (information and other experiences, field studies, global awareness, intergenerational-development, international resources for non-English-speaking experiences, internships, leadership, national service, public service, reciprocal learning, service-learning, and immigrant women), the Children’s servant leadership, social action, study-service, is much more difficult than Ark (residential program for teen voluntary action, volunteerism, youth involvement, youth participation, youth service. Id.at 22-23. moms), the Women and Children’s 3 NEW DIRECTIONS: TEACHING AND RESEARCH 5 Free Restaurant (preparation and (Ruth Marcous Bounous ed., 1997) [hereinafter NEW DIRECTIONS]. trying to solve someone’s legal service of meals to families recovering 4 The National Commission of Service Learning from domestic abuse), and the identifies service-learning as being characterized by [l]inks to academic content and standards[,] Women’s Drop-In Center (information, [i]nvolves young people in helping to determine problems. This experience has referral, and activities for women and meet real, defined community needs[,] [i]s reciprocal in nature, benefiting both the community including the homeless and those and the service providers by combining a service experience from a learning experience[,] [c]an with disabilities). I did not select be used in any subject provided it is appropriate to learning goals[, and] works at all ages, even taught me the best thing that community partners with an adult among young children. National Service-Learning male client base; however, three of Clearinghouse, Service-Learning Is… at http://www. servicelearning.org/welcome/SL_is/index.html The the placements provided services to Commission emphasizes that service-learning is not an episodic volunteer program, an add-on to one can offer someone else is both girls and boys: Odyssey (support an existing school or college curriculum, logging a group for gay and lesbian teens), set number of community service hours in order to graduate, compensatory service assigned as a form of Crosswalk (temporary housing and punishment by the courts or by school administrators, only for high school and college students, [or] onea willingness to listen.” other necessities for street kids), sided: benefitting only students or only the community. Id. and Campfire Boys and Girls (service 5 NEW DIRECTIONS, supra note 3, at 5. projects, educational and leisure 6 Communications for a Sustainable Future, Benefits –3rd year female student activities for older elementary and atof Service-Learning, at http://csf.colorado.edu/sl/ risk schoolchildren). While students at benefits.html> 7 Some critical commentary suggests that the these placements were not forbidden regulations governing the unauthorized practice of from interacting with males, their law are too strict. See, inter alia, Russell Engler, And Justice for All – Including the Unrepresented Poor: primary focus was on working with Revisiting the Roles of the Judges, Mediators, and Clerks, 67 Fordham L. Rev. 1987 (1999); Alex J. Hurder, girls. A few students developed their Nonlawyer Legal Assistance and Access to Justice, 67 Fordham L. Rev. 2241 (1999); Deborah Rhode, own placements, with my approval, at agencies such as the Too Much Law, Too Little Justice: Too Much Rhetoric, Too Little Reform, 11 Geo. J. Legal Ethics 989 Indian Community Center and Big Brothers/Big Sisters. (1998). 8 For a comprehensive survey of student practice rules see David F. Chavkin, Am I My Client’s Students were required to keep weekly journals and Lawyer?: Role Definition and the Clinical Supervisor, 51 SMU L. Rev. 1507, 1546-54 (1998). to respond to specific questions I posed, which included 9 American Bar Association, REPORT OF THE TASK FORCE ON LAW SCHOOLS AND THE PROFESSION; memorializing their emotional responses to their experiences. NARROWING THE GAP 267-272 (1992) [hereinafter The MacCrate Report] Most of the submissions I received were thoughtful and reflective. Some were quite amusing. Many were extremely

Connecting Social Justice and Legal Education Mary Pat Treuthart1

More than a decade ago

IN the NEWS

Senator John Edwards Speaks at Luvera Lecture Former Democratic vice-presidential candidate, and former North Carolina Senator, John Edwards, delivered the Gonzaga University School of Law’s annual Luvera Lecture on Tuesday, January 10, 2006, at the Columbia Tower Club in Seattle. The Luvera Lecture Series, established in 1990, is an annual event designed to inspire Gonzaga University Law School students and alumni by bringing many of the nation’s brightest minds to speak on a range of subjects. The Luvera Lecture series is underwritten by Seattle attorneys Paul and Lita Luvera, Gonzaga Law School graduates and partners in the Luvera law firm.

Mr. Edwards told the 150-plus Seattle audience that poverty is a great moral issue facing our country and Americans have an obligation to address this need. Edwards, the son of a mill worker, was the first in his family to attend college. He is now the director of the Center on Poverty, Work and Opportunity at the University of North Carolina, and has been traveling the country speaking about the need for Americans to launch a grass roots movement to tackle the issue. He calls this his life’s work.

Above: Senator Edwards with Dean Martin. Left: Lita Luvera with John Edwards and Hanna Welch

Above: Paul Luvera Right (l–r): Ronna Washines, Aisha Brooks, Maria Garcia, Steve Giaier, John Edwards, Jon Morrone, Scott Bradford, Anne Bernhard and Chrissy Anderson

John Edwards takes a question at the Luvera Lecture podium

Bob and Ginny Kane, John Edwards, and Bill Lindberg

IN the NEWS 9th Circuit Court Hears Cases at Gonzaga Law

2005. Judge Kurtz, who is a 1974 Gonzaga University School of Law alumni, vacated the position to accept an appointment to the United States Bankruptcy Court for the Eastern District of Washington. Over fifty alumni and friends attended the reception at Gonzaga Law, where Dean Earl Martin and Ashley Richards, president of Washington Women Lawyers, Spokane Chapter, honored Judge Kulik for her professionalism and commitment to service. Governor Christine Gregoire was unable to attend, but sent a letter of congratulations that was read by Dean Martin.

On Wednesday, April 12, the School of Law hosted the 9 United States Circuit Court of Appeals as it heard oral arguments in Spokane. Senior Circuit Judge Jerome Farris, Circuit Judge Sidney Thomas, and Circuit Judge Margaret McKeown presided. The court heard two cases; Rogers vs. City of Kennewick, and Stuter vs. Stevens County Sheriff’s Department. The hearings were held in the Barbieri Courtroom, to a capacity audience. Following the hearings, students had the opportunity to th

Changes in Leadership Welcome Amy Kelley Thank you Helen Donigan

Associate Dean of Academic Affairs Helen Donigan will relinquish her position and return to the faculty at the end of May, 2006. For the past three years, Professor Donigan has been a tireless worker, always putting the best interest of the law school first. With the announcement of Helen’s departure as Associate Dean, Dean Earl Martin stated, “I am personally very grateful to Helen for all of the help she has given me in my first year as dean. She has been a wonderful source of advice and someone that I can count on to get the job done.” Professor Amy Kelley, a member of the

Amy received her Juris Doctor from the University of South Dakota School of Law in 1977, and her B.A. from the College of St. Catherine in 1974. She was previously a visiting professor at the University of Texas, University of San Diego, and University of San Francisco Schools of Law. Professor Kelley brings experience to the position, having served as Associate Dean of Academic Affairs from 1999 to 2003. Dean Martin and the law school faculty and staff are looking forward to working with Amy as we move into a new school year.

Women’s Law Caucus Recognizes Cheryl Wolfe Gonzaga University School of Law Women’s Law Caucus presented the 14th Annual Myra Bradwell Award to Cheryl Wolfe of the Spokane Attorney General’s Office. A ceremony and reception was held April 13 in the Barbieri Courtroom at the law school, recognizing Ms. Wolfe’s achievements in her legal career. The award is presented annually to an outstanding alumna of Gonzaga Law School in honor of Myra Bradwell who, in 1872, was denied the right to practice law on the basis of her gender. It is presented to

Chrissy Anderson, Cheryl Wolfe and Karen Riley paralegals, eight legal assistants, and three law clerks. She represents the department in dependency, termination, and guardianship proceedings in the superior and appellate courts. She also handles administrative law matters including day care, foster care, and adult family home cases. She oversees paternity and child support cases, and handles guardianship and protection order cases involving vulnerable adults. Ms. Wolfe’s career has been recognized in the community and across the state. Awards she has received include Government Attorney Pro Bono Lawyer of the Year from the Spokane Bar Association, a Community Service Award from the Child Abuse and Neglect Prevention Council, an Outstanding Leader Award, and most recently, the Governor’s Distinguished Management Leadership Award. The Gonzaga University School of Law Women’s Law Caucus is proud to recognize Cheryl Wolfe with the 2006 Myra Bradwell Award.

9th Circuit Court Lunch

ask questions directly of the judges. After the question and answer session, the judges, Dean Martin and a small group of students discussed clerkships and issues over lunch

Teresa Kulik Appointed to Division III, Court of Appeals

Judge Brown, Dean Earl Martin, Teresa Kulik, and Frank Kurtz

On March 23, 2006, the Washington Women Lawyers, Spokane Chapter, and the Gonzaga University School of Law hosted a reception honoring Teresa Kulik, recently appointed to the Division III, Court of Appeals. Judge Kulik is the first woman to hold this position for the Eastern Washington region of Division III. Governor Chris Gregoire made the appointment of Judge Kulik when the seat was vacated by Judge Frank L. Kurtz on November 1,

someone who has demonstrated an ongoing commitment to women’s and children’s issues through the law. Wolfe, who graduated from GU School of Law in 1985, has spent twenty years as an attorney for the Spokane Division of the Washington State Attorney General’s Office. She is currently section chief and lead counsel for the Division of Children and Family Services for DSHS, supervising a unit of ten attorneys, two

Amy Kelley, left, and Helen Donigan Gonzaga University School of Law faculty since 1979, assumes the position of Associate Dean of Academic Affairs in June, 2006.

life in

IN the NEWS

Ode to the Student Worker

was best known regionally and nationally for his civil rights advocacy. He took on hundreds of pro bono cases for members of the National Association for the Advancement of Colored People (NAACP). Following Maxey’s death in 1997, Gonzaga University School of Law established a scholarship fund for minority students in his name.

How Sweet It Was

Rob McKenna and Dean Martin with former 3L students Sam Gordon and Angela Richardson

Attorney General Rob McKenna visits Gonzaga Law On Tuesday, March 21, 2006, Attorney Rob McKenna spoke to GU School of Law students about life as the Attorney General for the state of Washington. He shared unique cases the AG’s office has been involved in, and offered ideas on employment opportunities at the Attorney General’s office.

Spokane Interplayers Theater Donates to the Maxey Scholarship Fund Spokane’s Interplayer’s Theatre donated $1,300 to the Carl R. Maxey Scholarship Fund at Gonzaga University School of Law, alma mater of the late Spokane attorney and nationally prominent human rights advocate. Mary Ann McCurdy, executive director of Interplayer’s Theatre, presented the check to Dean Earl Martin at a ceremony held on February 1, 2006, near Maxey’s bronze statue in the School of Law’s Chastek Library. The money was raised at a matinee benefit performance of Harper Lee’s “To Kill A Mocking Bird” on January 16, 2006. The performance was part of Spokane’s city-wide celebration of the Martin Luther King Jr. holiday. Maxey, a 1951 graduate of GU Law, worked tirelessly to represent the disenfranchised and the victims of discrimination. A well-respected trial lawyer, Maxey

Gonzaga junior Adam Morrison, a consensus All-American and the nation’s leading scorer, led the Bulldogs this year to the “Sweet 16” of the NCAA Tournament. The Bulldogs swept through the West Coast Conference regular season with a perfect (14-0) record, captured the WCC Tournament (held at Gonzaga) also without a loss, and advanced to the NCAA Tournament for the eighth-straight time (1999 through 2006) and ninth (1995) overall. A No. 3 seed into the tournament, the Zags whipped No. 14-seed Xavier 79-75 on March 16 and defeated the No. 6 seed Indiana Hoosiers 90-80 two days later, before falling to UCLA 73-71 at the Oakland Arena on March 23 in a heartbreaking ending to a wonderful season. In April, Morrison announced he would forego his senior year at Gonzaga and declared himself eligible for the upcoming NBA draft.

Adam Morrison gets one past UCLA. Mary Ann McCurdy presents a check to Dean Earl Martin, left

the

library

by June Stewart The library has many accomplishments to boast of this year. We passed the ABA inspection with flying colors. We celebrated, with sadness, the retirement of Elizabeth Thweatt, who worked at the library for over twenty-five years. We began strategic planning for the library and participated in the law school strategic planning. We instituted Terminal Services for all student computer workstations in the labs, clinic, and law reviews, providing students with faster computing capability than they had previously. Finally, we instituted a Law Student Help Desk to provide laptop support for students using their personal laptops at school. While doing all of this, we continued to provide warm, personal service to our students, faculty, staff, alumni, and other users. As I look back over this year, I am struck by how much we have accomplished. I am reminded yet again how dedicated the staff is to their work and to serving our users. While I am grateful to each member of the library staff, I want to take a moment to acknowledge a group of workers that often gets overlooked – our student employees. While our student workers may be anonymous faces to the masses of library users, to us they are the sinew and muscle of library operations. Their contributions are legion. When we need someone to

While our student workers may be anonymous faces to the masses of library users, to us they are the sinew and muscle of library operations. Their contributions are legion.

staff the circulation desk early in the morning or late at night, we look to our student workers. When we have a special project where 10,000 books have to be bar-coded in three months, we look to our student workers. When we need to install new computers in all the staff and faculty offices over the summer, we look to our student workers. When we need coverage of the Reference Desk during times the librarians are not available, we look to our law student workers. There is no limit to the tasks that we ask our student workers to tackle. Students often come to us as callow youths with no experience. Then, right before our eyes, they grow into poised young men and women who can effortlessly cover the circulation desk, process materials for shelving, and handle any of the other myriad tasks we ask them to perform. We are pleased to enjoy their presence while they are here, and we send them off to their new lives with our heartfelt appreciation and high hopes for their future endeavors. If you were one of those fortunate people who had a work-study position in the library while you were in school, we salute you. If you never had that honor, but have been a library user, take a moment to appreciate the service these students have provided to maintain the smooth library services you enjoy.

faculty scholarship Professor Upendra Acharya

clauses at Flathead Valley Community College. On May 5, he was part of a panel discussion taped for cable broadcast by the Massachusetts School of Law on evolution and intelligent design. On May 9, he participated in a panel sponsored by Spokane Community College debating gay marriage.

Presentations Professor Upendra Acharya participated in a panel discussion at the University of Montana School of Law on April 14, 2006. The topic was Can the U.N., or Anyone Else, Stop Genocide & Crimes Against Humanity? The panel was part of a conference sponsored by the International Law Society at the law school.

Professor Helen Donigan Presentations

Professor Lynn Daggett

Associate Dean Helen Donigan has been asked to speak at a University of Oxford Roundtable on Women’s Leadership to be held at Harris Manchester College, England in August, 2006. Her topic is Gender and Justice in the Washington State Courts: A Decade of Leadership by a Supreme Court Commission.

Presentations Professor Lynn Daggett presented The Case for State Protection of Private School Students from Discrimination, to the American Association of Law Schools, Education Law Panel.

Professor David K. DeWolf

Professor Sheri Engelken

Publications

Presentations

David  K.  DeWolf, Waiting for Scopes: The Future of Intelligent Design, op-ed in the Jurist magazine (November 7, 2005).

In November, 2005, Professor Sheri Engelken presented Democracy in a Federalist System: The Late Chief Justice Rehnquist and the First Amendment to Gonzaga Law School’s William O. Douglas Committee. The lecture addressed the underlying pillars of Justice Rehnquist’s First Amendment jurisprudence.

David K. DeWolf (with Casey Luskin, John West and Jonathan Witt), Traipsing into Evolution:  Intelligent Design and the Kitzmiller vs. Dover Decision, Discovery Institute (2006).

Professor Gerry Hess

Professor Brooks Holland

Publications

Presentations

Gerry Hess, Improving Teaching and Learning in Law School: Faculty Development Research, Principles, and Programs, 12 Widener L. Rev. (2006).

Professor Brooks Holland participated in an on-line symposium sponsored by the Journal of Law & Liberty at the New York University School of Law, on the topic of Anticipatory Search Warrants in the Federal Courts (February 10, 2006).

Gerry Hess, The Trail Smelter, the Columbia River and the Extraterritorial Application of CERCLA 18 Geo. Int’l. Envt’l. L. Rev. 1 (2005).

Professor Amy Kelley

Presentations

Etc.

“Using Active Learning to Engage Students,” Capital University Law School (March, 2006).

Professor Amy Kelley has been designated as the “Public Lands Chair” on the program committee for the 52nd Annual Rocky Mountain Mineral Law Foundation Institute to be held July 2006, in Santa Fe, New Mexico. Each chair is instrumental in identifying topics and speakers, and also for insuring that each speaker produces a law reviewquality article to be published in the Institute Proceedings.

“Study Tour for Afghan Legal Educators – Curriculum Development and Interactive Teaching Methods,” United States Agency for International Development (February, 2006). “Teaching and Learning Values,” AALS Annual Meeting (January 2006). “Law School Survey of Student Engagement: From Anecdote to Analysis,” AALS Annual Meeting (January 2006).

Dean Earl Martin

“Designing, Preparing, and Presenting Effective Learning Activities,” National Judicial College (December, 2005).

Publication Dean Martin’s article America’s Anti-Standing Army Tradition and the Separate Community Doctrine was accepted for publication by the Mississippi Law Journal.

Professor Joe Hnylka Presentations

Presentations

Professor Gail Hammer

Professor David DeWolf participated in a panel discussion that preceded the re-enactment of the Scopes trial by the L.A. Theatre Works, in York, Pennsylvania, January 2006. He was also on a panel discussing the Kitzmiller case at Boston College in January. In February, he was part of a panel discussion airing on C-Span 2, called Evolution and Intelligent Design, sponsored by the Close Up Foundation. On April 13, he delivered a lecture on “Darwinian Orthodoxy and Intelligent Design: Was Justice Jackson Wrong?” as part of a series on the religion

Etc. In November, Law Clinic Professor Gail Hammer took her third and final trip to Serbia as part of her consulting work with the National Center for State Courts on the Serbia Rule of Law project. Professor Hammer’s efforts have been focused on reforming Serbian legal education and improving teaching methods. She consulted individually with Serbian law professors and deans and conducted intensive workshops on teaching methods.

Professor Joe Hnylka gave a presentation titled “Co-participant tort liability in sports”at the Tort and Workers’ Compensation Issues in Sports conference sponsored by Loyola Sports Law Institute, Los Angeles, California (February 10, 2006).

Presentation Dean Earl Martin participated in a panel discussion at the 35th Annual Deans’ Workshop in association with the ABA mid-winter meeting in Chicago in February. His topic was The Future of the Profession: Fostering Professionalism, Integrity, and a Commitment to Pro Bono in Our Students. Dean Martin also spoke on November 4 to the Spokane County Bar Association on the topic of The Past, Present, and Future of Legal Education.

faculty scholarship Professor Jim McCurdy

Professor Linda Rusch

Publications

Awards and Acknowledgements

Professor McCurdy is completing the manuscript for the 6th edition of Sports Law: Cases & Materials (Lexis Nexis 2006).

On March 15, 2006, Linda J. Rusch was honored as the 2005-06 Outstanding Alumni at Augustana College in Sioux Falls, South Dakota. During her time at Augustana, Professor Rusch spoke with the men’s basketball team regarding life after sports, at a college-wide convocation on Practicing Leadership as a Way of Life, and at a luncheon of lawyers and business people in Sioux Falls on Current Issues in E-Commerce.

Etc. Professor Jim McCurdy completed his three-year term as Washington’s commissioner on the Basin Environmental Improvement Project Commission, a collaborative body charged with implementing the Superfund clean-up of the Coeur d’Alene River basin.

Publications Linda J. Rusch, Hawkland’s Uniform Commercial Code Series: 2006 Supplement to Volume on UCC Article 2.

Professor McCurdy performed as the sole expert witness for the Carolina League during arbitration concerning the compensation owed by the Washington Nationals in relocating to Washington, D. C.

Linda J. Rusch, Hawkland’s Uniform Commercial Code Series: 2006 Supplement to UCC Article 7.

Professor Dan Morrissey Presentations Professor Dan Morrissey gave his presentation Piercing the Corporate Veil, to the Washington State Trial Lawyers Association roundtable in Spokane, Washington (January 2006).

Awards & Acknowledgements

Presentations

Linda J. Rusch, faculty editor, The Business Lawyer, November 2005, American Bar Association, Business Law Section.

In February 2005, she was part of the American Bar Association site inspection team conducting a sabbatical inspection of the University of Kentucky College of Law in Lexington, Kentucky.

The Effect of Failure to Enact Amendments to Articles 2 and 2A: Scope, Formation, and Battle of the Forms, Etc., to the American Law Institute and American Bar Association conference in Washington, D.C. (December 2005).

Professor Rosanna Peterson presented “Improving Your Speaking Skills” at a Spokane County Bar Association Trial Skills CLE (January 2006).

Current Issues in the International Sale of Goods, to the American Law Institute and American Bar Association conference in Washington, D.C. (December 2005).

On April 6, Professor Stephen Sepinuck presented a two-hour program titled Avoiding the Pitfalls of UCC Practice, at the spring meeting of the Business Law Section of the ABA. He also presented two CLE programs to the law firm of Paul, Hastings, Janofsky & Walker LLP in Greenwich, Connecticut, one titled The Basics of Secured Transactions, and  the other covering Recent Developments in Commercial Law.

She attended the September meeting in Philadelphia of the American Law Institute Members Consultative Group discussion of a draft of several sections of the Restatement of Restitution.

She also participated in the American Bar Association Business Law Section Council midwinter meeting as a member of the Council.

Professor Linda J. Rusch gave several presentations over the last few months:

Professor Rosanna Peterson

Presentations

Professor Rusch recently commenced a two year term as treasurer for the American College of Commercial Finance Lawyers.

Linda J. Rusch, faculty editor, The Business Lawyer, August 2005, American Bar Association, Business Law Section.

Presentations

Stephen L. Sepinuck, Robyn L. Meadows & Russell A. Hakes,The Uniform Commercial Code Survey, 60 Bus. Law. 1635 (2005) (editors).

Etc.

Linda J. Rusch, Hawkland’s Uniform Commercial Code Series:  New 2006 volume on Revised UCC Article 7.

Linda J. Rusch, Secured Transactions, Black Letter Series (Thomson/West 2006).

Professor Ann Murphy was named the “Orland Professor of the Year” by the student body at the annual Heidelberg celebration (April 2, 2006).

‘Why’ Problems, The Law Teacher, Fall 2005.

On March 14, 2006, Professor Rusch spoke at Hamline University Law School regarding Practicing Leadership as a Way of Life.

In November Professor Rusch attended the meeting of the Permanent Editorial Board of the Uniform Commercial Code in Chicago as a member of the American Law Institute.

Linda J. Rusch & Stephen L. Sepinuck, Problems and Materials on Secured Transactions (Thomson/West 2006), with Teacher’s Manual.

Professor Ann Murphy

The UCC and Revenue Recognition: How to Avoid Having Your Terms and Conditions Mess up Your Client’s Financials, a CLE presentation sponsored by the American Bar Association Business Law Section (November 2005).

Etc. Professor Sepinuck was recently elected to the American College of Commercial Finance Lawyers.

Professor Vickie Williams Awards and Acknowledgements Professor Vickie Williams was awarded the “Orland 1L Professor of the Year” award at the Heidelberg celebration (April 2, 2006).

She was recently appointed as Chair of the Council Committee on Member Services, for the American Bar Association Section of Business Law for a term commencing August 2006.

Presentations Professor Vickie Williams will present a talk titled Fluconomics—Preparing Our Hospitals for the Economic Impact of Pandemic Disease, at the Health Law Teachers’ Conference, Health Care Law and the Taking Clause scholars’ panel, University of Maryland School of Law. This conference is scheduled for June 2006. Ms. Williams has also been invited to speak to the Washington/Alaska chapter of the Healthcare Financial Managers’ Association (HFMA) in Spokane on May 18, 2006, regarding hospital economics and pandemic disease. The title of her presentation is, “The Takings Clause and Public Health.”

In May 2006, she attended the annual meeting of the American Law Institute in Philadelphia to participate in discussion of several draft restatement projects.

Professor Stephen Sepinuck Publications Linda J. Rusch & Stephen L. Sepinuck, Problems and Materials on Secured Transactions (Thomson/West 2006), with Teacher’s Manual. Stephen L. Sepinuck, Teaching Statutory Construction Through Reverse Problems and

summations student news

The following awards were presented at Heidelberg 2006: SBA Student Organization of Year: Hispanic Law Caucus, Brett Rubio, President SBA Tutor of the Year: Kristin Sullivan

December Graduation 2005

ARP Tutor of the Year: Paige Roberts

Sixteen students received their J.D.s at the December 1, 2005, graduation ceremonies, held in the school of law’s Barbieri Courtroom. Family, friends, and faculty filled the courtroom to share in this special time as eight students accepted their degrees in the ceremony. Dean Earl Martin, addressed the group with words of advice, speaking about the legal profession and the practice of law. He stressed the need for courage, confidence, and the importance of balance in life. A reception with family and friends followed, celebrating the success of the new graduates.

SBA Representative of the Year: Patricia Wehmeyer Adjunct Professor of the Year: Judge Rick White 1L Professor of the Year: Professor Vickie Williams

Celebrating at the Heidelberg event: Melissa Coe, Blake Hilty, Leslie Hayes, Tamera Kelly, Chris Edwards and Andrew Gabel

Professor of the Year: Professor Ann Murphy

the volunteers from the law school, presented opening and closing arguments, and direct and cross examinations. After both sides rested their cases, a jury of high school students deliberated, but could not agree on a verdict. A mistrial was declared.

President’s Silver Gavel Award: Jeff Doud President’s Golden Gavel Award: Patricia Wehmeyer Linden Cup Best Oralist: Keith Echterling

Following the trial, university volunteers took the high school students on a tour of the main campus, ending at the Jundt Art Museum. Advisors from Upward Bound were extremely impressed and told the law school that the visit has become an influential event for many of their students as they make decisions about their educations and careers.

Linden Cup Best Oralist, Runner Up: Lisa Keeler December graduation l-r: Alison McGrane, Michael Jacques, Lea Conner-Dudley, Dean Earl Martin, Patricia Burns-Hart, Amy Florez and Sally Reynolds

Linden Cup 2006 April 1, 2006, proved to be an exciting day in Gonzaga’s Barbieri Courtroom as the 2006 Linden Cup finalists prepared their final arguments. Brook Cunningham and Lisa Keeler, representing the Petitioner, and Scott Husbands and Sarah Schreck, representing the Respondent, presented arguments to seven Supreme Court Justices from Washington, Idaho and Montana. Representing the Washington State Supreme Court was Chief Justice Gerry L. Alexander, Justice Mary Fairhurst ‘84, Justice Charles W. Johnson, Justice Barbara A. Madsen ’77, and Justice Richard B. Sanders. Representing the Idaho Supreme Court was Justice Daniel T. Eismann. The Montana Supreme Court was represented by Justice W. William Leaphart. After an hour of testimony, the justices recessed for deliberations to select the winning team. Chief Justice Gerry Alexander announced the winners, Brook Cunningham and Lisa Keeler, saying, “this was a very close competition and it was difficult to decide.” Congratulations to Brook and Lisa, winners of the 2006 Linden Cup, and to all the teams for their hard work and participation.

Heidelberg 2006 Fr. James Linden, S.J. founded Heidelberg in 1935 to serve as the annual shareholder meeting of the Gonzaga Student Bar Association. Today, Heidelberg serves as a celebration of achievement inside and outside the classroom, honoring Linden Cup competitors and Moot Court participants throughout the year. Organized and run by Student Bar Association leaders, the evening’s program recognizes all students who have served in a leadership capacity throughout the year, as well as faculty advisors and coaches. Seventy-one years later, Heidelberg is still the special evening that Fr. Linden had envisioned. On April 1, 2006, the Davenport Hotel was filled with fun, laughter, recognition, and dancing. At the conclusion of the awards ceremony, Dean Earl Martin was called to the stage to receive a plaque from SBA President Jon Morrone. To a standing ovation, Jon presented the plaque reading, “On behalf of a thankful student body, we honor your first year as Dean. Gonzaga University School of Law – 2006. A leader is one who knows the way, goes the way and shows the way - John C. Maxwell.”

Gonzaga Hispanic Law Caucus Hosts Upward Bound Students On March 25, 2006, Gonzaga University and the Gonzaga Hispanic Law Caucus hosted fifty-one high school students and their advisors from the Upward Bound program. Upward Bound helps high school students prepare for college. Students in the program come from low income families, families where neither parent has a bachelor’s degree, and first generation military families.

Gonzaga Team Takes First at Regional ABA Client Counseling Competition Second year law students Elizabeth Guerra and Betsy Ensign, won first place in the regional ABA Client Counseling Competition held in Vancouver, B.C., on February 18, 2006. They went on to compete in the national competition held at Stetson School of Law in St. Petersburg, Florida, on March 17 and 18. In the competition, teams of two students conduct an initial interview of a “client” with a legal problem that has something to do with “employers and employees.” The students are given very little information beyond that. The interview lasts up to forty minutes. During that time, teams set up an effective attorney-client relationship, gather facts, identify legal issues, generate options, advise the client, recognize and resolve ethical issues, and develop a plan for action. When the interview ends, the students debrief the interview. They are judged by a panel of two attorneys and one psychologist (or

Linden Cup winners Lisa Keeler and Brook Cunningham

The high school students’ day started at the law school, where they were met by twelve law student volunteers. In teams, law school volunteers worked with the high school students to prepare a mock murder trial. Professor Vickie Williams, faculty advisor to the Hispanic Law Caucus, served as judge for the trial. The high school students, under the tutelage of

summations student news western United States competed in this regional competition, including law school teams from Berkeley, BYU, UC-Davis, UC-Hastings, University of San Francisco, and the University of Hawaii. The team of Alfredo De La Rosa, Nguyen Do & Brett Underwood finished fifth overall and the team of Lauren Altodoerffer, Jeff Christensen, Dan Quirk and Kristina Smith finished in a respectable position. Gonzaga University School of Law associate professor and moot court competition

News Flash

Student Publications

Lefkowitz Moot Court Team Earns National Best Brief Honors

Paul L. Arrington, Not Always Protected: Reverse Age Discrimination and the Supreme Court’s Decision in General Dynamics Land Systems, Inc. v. Cline, 73 UMKC L. Rev. 543 (Spring 2005).

Gonzaga University School of

Law’s moot court team of Alfredo De La Rosa, Nguyen Do & Brett Underwood, was awarded the title of best brief in the nation in the Saul Lefkowitz Moot Court Competition. The national best brief award was presented to the Gonzaga team in March in Washington, D.C., before judges of the U.S. Court of Appeals for the Federal Circuit.

Award presentation by judges to Nguyen Do, Alfredo De La Rosa and Brett Underwood

other mental health professional).

Jennifer M. Nasner, The Unexpected Tax Consequences of “Extreme Makeover: Home Edition,” 40 Gonz. L. Rev. 481 (2005). Grace Spencer, Her Body is a Battlefield: The Applicability of the Alien Tort Statute to Corporate Human Rights Abuses in Juarez, Mexico, 40 Gonz. L. Rev. 503 (2005).

Student Leaders – 2006-2007

at each of the four regional Lefkowitz Moot Court

Garcia Selected LatCrit Student Scholar for 2006 Javier Garcia, 3L, was selected as the 2006 LatCrit Student Scholar based on his paper, “The Legislative Protection of Traditional Knowledge.” The competition prize is a scholarship to attend the LatCrit XI conference at the University of Nevada-Las Vegas, William S. Boyd School of Law. Javier will present his paper at the conference in Las Vegas, October 5-8, 2006, and is eligible to publish the paper in the symposium issue.

The best brief winners

Weston B. Meyring, “I’m an Indian Outlaw, Half Cherokee and Choctaw”: Criminal Jurisdiction and the Question of Indian Status, Mont. L. Rev. (Summer 2006) (lead article).

Competitions were submitted to the national best brief competition. More than seventy briefs were submitted from law school teams nationwide. Among the four regional best brief winners, Gonzaga was selected Participants in The Hispanic Law Caucus coach, Sheri Engelken, said, “both teams demonstrated great poise and professionalism. They were extremely well prepared and delivered strong arguments.”

High Marks for Gonzaga in Saul Lefkowitz Moot Court Competition On February 25 and 26, 2006, two teams from Gonzaga University School of Law competed in San Francisco at the Saul Lefkowitz Moot Court Competition, in the trademark and unfair competition category. Eighteen teams from across the

Best of all, for a second year in a row, Gonzaga Law won “Best Brief” in the Western Regional Competition. The Best Brief award was presented to the team of Alfredo De La Rosa, Nguyen Do & Brett Underwood.

by a panel of three judges, all specialists in trademark law. For the national award, best briefs are read and scored by three judges, and these scores are then combined for an overall score. What a fabulous accomplishment for this team!

Top right: 2-L reps Matt Huot, Amy Miller and Brendan Siefken. Center Right: Steve Giaier, President, Student Bar Association; Lisa Mantel, Editor, Journal of International Law; Adrienne Carter, President, Moot Court Council; Matt Crotty, Editor, Gonzaga Law Review. Above: Anne Bernhard, Secretary; Matt Holden, Treasurer; Scott Husbands ,VP; Kurt Mabis, ABA Rep; Steve Giaier. Right: 3-L Reps Maegen Carlson, Patrice Clemons and Peter Eidenberg.

ALUMNI events

RISING stars Above, left: Susan Pitchford and Mark Baum. Above: Mike Sweeney, Dean Martin, Jim O’Rourke and Johnston Mitchell. Left: Holly Bonar, Marc Johnston and Tre Kennedy.

Left: Tim Peckinpaugh, Mary Meeds and Dean Earl Martin

Portland, Oregon – February, 2006 Above: Jen Auchterlonie, David Hodgkinson, and Andy Burchfield. Left: Tim Spellman and Matt St. John with friends.

Over fifty alumni from Portland, Oregon, and Vancouver, Washington, joined this fun, casual reception at Kells Irish Pub in downtown Portland, on Tuesday, February 28, 2006. This great turnout amounted to more than a quarter of the 200 alums living in the greater Portland/Vancouver area.

Olympia, Washington – March, 2006

Washington D.C. – November, 2005

On Wednesday, November 9, 2005, Preston Gates Ellis & Rouvelas Meeds hosted a reception for Gonzaga University School of Law alumni residing in the Washington, D.C. area. Over fifty alumni attended this event, offering them the opportunity to meet Dean Earl Martin and receive an update on the law school. The reception also honored Lloyd Meeds, a partner in Preston Gates Ellis & Rouvelas Meeds. Lloyd passed away earlier in the year and his wife, Mary Meeds, was present at the reception honoring her late husband.

Governor Christine Gregoire was honorary guest at the GU Law alumni reception held at the Executive Mansion in Olympia, Washington, on Thursday, March 2, 2006. This special evening was attended by over 100 law alumni. The alums received an update on the law school from Dean Earl Martin, and Governor Gregoire took time to share her thoughts, laughs, and memories of her years at Gonzaga University School of Law.

Bankruptcy Jennifer Aspaas, Bishop White & Marshall, Seattle Kevin D. O’Rourke, Southwell & O’Rourke, P.S., Spokane

Above: Dean Earl Martin with Governor Christine Gregoire Above, left: Leslie Seffern, Mark Pree, Mary Sue Wilson

John & Margaret Hall, Robert & Vickey Schroeter

Left: Mike Pellicciotti, Jaime Hawk, Grace Spencer, Justice Fairhurst

General Litigation Jack Bucknell, Connolly Tacon & Meseve, Olympia Kari Kube, Jeffers Danielson Sonn & Aylward, Wenatchee Fred Rivera, Perkins Coie, Seattle

Business Litigation Derek Crick, Preston Gates & Ellis, Seattle Randall Thomsen , Danielson Harrigan Leyh & Tollefson, Seattle Business/Corporate Michael Thorner, Thorner Kennedy & Gano, Yakima Cities/Municipalities Laura McAloon, Preston Gates & Ellis, Spokane Heather Yakely, Evans Craven & Lackie, Spokane

Washington Law & Politics magazine features “Rising Star Super Lawyers”, young attorneys chosen by their peers as being among the

Civil Litigation Defense Jody Reich, Betts Patterson & Mines, Seattle

top up-and-coming lawyers

Class Action/Mass Torts Mary Gaston, Perkins Coie, Seattle

of attorneys in Washington

Construction Litigation Christina Gerrish Nelson, Short Cressman & Burgess, Seattle Criminal Defense Frank Cikutovich, Stiley & Cikutovich, Spokane Criminal Defense: DUI/DWI John Brangwin, Woods & Brangwin, Wenatchee

Above: Jerry Greenan, Jerry Jager, Basil Badley and Senator Mary Margaret Haugen

Family Law Rachelle Anderson, Smith Hemingway & Anderson, Spokane

in the state. Only 2.5 percent

are selected as Rising Stars. The following Gonzaga University School of Law alumni were chosen in January 2006 as Rising Stars Super Lawyers.

Intellectual Property David Daggett, Preston Gates & Ellis, Spokane Devon Ryning, Miller Nash, Seattle Intellectual Property Litigation Michael Keyes, Preston Gates & Ellis, Spokane Theresa Keyes, Preston Gates & Ellis, Spokane Medical Malpractice: Defense Dan Keefe, Reed McClure, Seattle Janine Leary, Lee Smart Cook Martin & Patterson, Seattle Medical Malpractice: Plaintiff Patrick Fannin, Keith S. Douglas & Associates, Spokane Douglas Weinmaster, Perey-Harris Trial Lawyers, Seattle Real Estate Litigation Magnus Andersson, Hanson Baker Ludlow Drumheller, Bellevue Brian McGinn, Winston & Cashatt, Spokane Real Estate Transaction Elizabeth Ehrhart, Dorsey & Whitney, Seattle Aleana Harris, Preston Gates & Ellis, Seattle

Employment Litigation Mary Ellen Depaolo, Lee Smart Cook Martin & Patterson, Seattle Environmental/Land Use Roxane Broadhead, Dorsey & Whitney, Seattle

Securities & Corporate Finance Brian DeFoe, Lane Powell, Seattle

Estate Planning/Trusts Carrie Simchuk, Perkins Coie, Seattle Cynthia Worth, Worth Law Group, Tumwater

*The list is arranged by primary area of practice. This listing should not be construed to mean a lawyer is a certified specialist in the indicated practice area.

milestones new shareholders, partners and members 1998 David K. Daggett – Preston Gates & Ellis David was recently announced partner in the Spokane office of Preston Gates & Ellis. David’s practice focuses on both intellectual property transactions and enforcement. His experience includes representation of clients in technical standards setting consortia, intellectual property licensing transactions, and negotiation of other multi-party agreements. He has litigated all types of intellectual property disputes and has experience in intellectual property insurance coverage. Daggett earned his Juris Doctor at Gonzaga University School of Law. He completed his B.A. at the University of California, Los Angeles.

Board in opposition and cancellation proceedings. She has represented clients in antitrust and employment litigation, and has been retained as an outside investigator of harassment, retaliation, and workplace violence claims. Keyes received her Juris Doctor from Gonzaga University School of Law and earned a bachelor’s degree from the University of Washington.

1998

Peter T. Petrich was recently elected as Managing Partner and President at the law firm of Davies Pearson, P.C., Tacoma, Washington.

James Elliott – Velikanje Moore & Shore, P.S. James was promoted to partner at the law firm of Velikanje Moore & Shore in Yakima, Washington. His practice area is litigation of business disputes. James is a member of the Yakima Bar Association and is active in the community through the Yakima Youth Soccer Association. He is a graduate of Washington State University (1995) and Gonzaga University School of Law (1998).

1995 Lynnette M. Davis – Hawley Troxell Ennis & Hawley LLP Lynnette was recently promoted to principal at the law firm of Hawley Troxell Ennis & Hawley, in Boise, Idaho. Lynnette focuses her practice on employment, construction, and commercial litigation. She represents construction clients on both public and private projects, and has represented owners, sureties, contractors, subcontractors, and materials providers. She is a graduate of the University of Washington and the Gonzaga University School of Law.

involving issuer obligations under the Securities Act of 1933 and the Securities Exchange Act of 1934; matters of corporate formation and capitalization; mergers and acquisitions; and various regulatory matters. Mr. DeFoe received his B.A. from the University of Florida, his J.D. from Gonzaga University School of Law and a Master of Law degree in Securities and Financial Regulation from Georgetown University Law Center.

1997 Mary Pedersen Gaston – Perkins Coie Mary Pedersen Gaston has been promoted to partner in Perkins Coie’s national litigation practice. Recognized as a Rising Star in Washington law by Washington Law & Politics, Mary focuses her practice on aviation litigation, product liability litigation, and appellate litigation. She received her law degree from Gonzaga University School of Law, and her master’s and undergraduate degrees from Eastern Washington University.

Mary Pedersen Gaston

1995

1999

Theresa L. Keyes – Preston Gates & Ellis Theresa practices out of Preston Gates’ Spokane office, and was recently promoted to partner. Theresa is a member of the intellectual property and commercial litigation Theresa Keyes practice groups. Keyes’ primary focus is trademark and patent infringement litigation, including representation of clients before federal and state courts, as well as before the Trademark Trial and Appeal

Brian DeFoe - Lane Powell Brian was recently announced as a shareholder at Lane Powell, Seattle. Brian is a member of the firm’s business department, where his practice focuses on federal and state regulation of securities, general corporate law, and corporate finance. He routinely provides assistance on questions

1977

1998

Peter Petrich

Angel Rains – Lukins & Annis Angel Rains has been promoted to Angel Rains principal at the law firm of Lukins & Annis. Ms. Rains has been with Lukins & Annis as an associate since July 2000. Her main areas of practice are civil litigation, commercial, and employment law. She is a 1998 graduate of Gonzaga University School of Law and previously served as a federal judicial law clerk for the Honorable Edward Shea.

1998 Brian M. Werst – Stamper Rubens Stocker & Smith, P.S. Brian was recently promoted to partner with the law firm of Stamper, Rubens, Stocker, & Smith, P.S. in Spokane, Washington. Brian graduated magna cum Brian Werst laude from Gonzaga University in 1998, and cum laude from Eastern Washington University in 1995. After graduation, Brian clerked for Judge Dennis J. Sweeney, Washington Court of Appeals, Division III. Brian was recently recognized as a Rising Star by Washington Law & Politics. He practices in the areas of municipal law and health care law, with a focus on the areas of labor and employment law, regulatory compliance, public finance, civil litigation, appellate law, and commercial transactions. Just prior to becoming partner, Brian celebrated the birth of his son, Kai.

1999

Matthew Ries – Stamper Rubens Stocker & Smith, P.S. Matthew T. Ries has been promoted to partner with the law firm of Stamper, Rubens, Stocker & Smith, P.S. His practice focuses on commercial transactions, commercial litigation, construction law, and employment law. Matthew Ries Matt graduated cum laude from Gonzaga University School of Law in 1999, and earned his undergraduate degree from Carroll College in Helena, Montana. Matt is a member of the Washington and California State Bar Associations.

class action 1977 Richard B. Kayne was appointed dean of the Washington State Judicial College. He previously served as assistant dean and was on the faculty of the state and national judicial colleges. He has served as Medical Lake Municipal Court Judge since 1995, and been Richard Kayne in private practice in Spokane since 1978. He served on the Washington State Bar Association’s Committee of Law Examiners from 1983 to 1992, and also as president of the Spokane and Lincoln County Bar Associations.

1978 Jack Nevin, Pierce County District Court Judge, has been promoted to Brigadier General in the United States Army Reserve. His current position is Chief Judge, U.S. Army Legal Services Agency. In this capacity he serves as Chief Judge of the U.S. Army Court of Criminal Appeals. The agency is responsible for all Army defense, prosecution,

judicial, and appellate issues. He joined the Pierce County Prosecuting Attorney’s Office in 1984 and was appointed to the District Court in 1997. Michael N. Gendelman has opened his own office in Dublin, California, after more than six years as an IRS attorney, and fourteen years as a tax controversy counsel for PacBell.

1987

1996

Theresa (Terri) Rambosek was recently named secretary of the Pacific Hospital Public Development Authority Governing Council. She continues to serve on the Providence Mt. St. Vincent Foundation Board.

Tamara Murock has formed the law firm of Baltins & Murock, P.S., with attorney Maris Baltins. Prior to forming her new firm, Tamara was with the firm of Winston & Cashatt in Spokane. Her new office is located at 7 South Howard Street, Spokane, Washington. She will continue to practice in the areas of taxation, business planning, estate planning, probate, and commercial and securities litigation.

1991 1980 Dennis P. Cummings was appointed to the Bethel, Alaska, District Court. Cummings, 58, has been an Alaska resident for thirty-eight years. He has served as an assistant district attorney in Bethel, Alaska since 2001. Prior to his service in Bethel, he was in private practice in Anchorage and worked for the Municipality of Anchorage’s public defender firm, Gorton and Associates. From 1966-1970, Dennis served in the United States Air Force, and from 1970-1974, he was an Alaska State Trooper. Jim Bamberger’s law review article titled, Confirming the Constitutional Right of Meaningful Access to the Courts in NonCriminal Cases in Washington State, was published in the Fall/Winter edition of the Seattle Journal for Social Justice (published by Seattle University School of Law).

1983

Jack Nevin

Michael Lambo

Michael J. Lambo was recently appointed as presiding judge of the Kirkland Municipal Court for the cities of Kirkland, Clyde Hill, Hunts Point, Medina and Yarrow Point.

Bob Fischer recently joined the Federal Defenders’ Office. He had been in private practice in the Spokane Valley, but closed the office to become a federal defender.

1994 Erika Soublet moved from Oregon to Washington State, and has accepted a position as Deputy Prosecuting Attorney in Skagit County, Washington.

1997

1995

Tamara Murock

James F. Murphy has joined the law firm of Jaburg & Wilk in Phoenix, Arizona, as a shareholder. He assists lenders, landlords, developers, and businesses with their real estate and commercial transaction needs. Before becoming an attorney, Mr. Murphy worked in commercial real estate brokerage and mortgage banking in Arizona and California.

Michael Ross is currently with the law firm Gallager & Kennedy in Phoenix, Arizona, as a shareholder. Mr. Ross practices litigation in the following areas: commercial, employment, trade secret, health care, and professional liability. He practiced law previously in Arizona and Texas, and was a clerk for United States District Judge Justin L. Quackenbush after graduating from law school.

1998

William Lewis, formerly a partner with Ungaretti & Harris, has joined the firm of Vedder Price as a shareholder in the Chicago office. Mr. Lewis will focus on the real estate, land use and construction practice area. Mr. Lewis concentrates his practice on the acquisition and disposition of commercial and industrial real estate, office, retail and industrial leasing, and real estate finance.

Michael Smith was recently appointed legal advisor to the Tacoma Police Department. He is involved in all aspects of law enforcement including personnel decisions, policy drafting, legal updates, legislation and training. Prior to his position at the Tacoma Police Department, he worked at the King County Prosecutor’s Office.

Troy M. Hoch has joined the firm of Quarles & Brady Streich Lang LLP in their Tucson, Arizona office. Mr. Hoch is an associate in the real estate and construction law groups.

class action

What’s new? Did you move? Change Jobs? Keep in touch with your former classmates, professors and friends by sending us your professional and personal news for publication. Please make sure the news you submit is accurate, complete and legible. Include a picture if you wish.

1999 Chris Veley joined Miller Nash’s Vancouver office as a litigation associate focusing on construction, real estate, and commercial litigation matters. Before joining the firm, he was a litigator in the Vancouver office of Bullivant Houser Bailey. Chris is very active in local and state professional associations, currently serving as a trustee for the Washington State Bar Association Young Lawyers Division. In 2005, he founded the Clark County Young Lawyers section and was recently elected president of the association for 2006. Mr. Veley also serves as the southwest regional representative for the Washington Defense Trial Lawyers Association.

2001

If you have information you would like to submit for Class Action, please send it to: Gonzaga University School of Law Alumni Office P.O. Box 3528 Spokane, WA 99220-3538 Fax: (509) 323-5744

Elizabeth Barnett

Or send an e-mail to: nfike@lawschool.gonzaga.edu Mark J. Michaud has joined OX-GEN, Inc. in Boise, Idaho, as in-house counsel. His duties include compliance practices for the Food and Drug Administration, state and federal securities regulations, and monitoring the company’s intellectual property.

Chris Veley

In Search Of… All Gonzaga University School of Law Alumni

2004

Elizabeth S. Barnett has joined the law firm of Kummer Kaempfer Bonner Renshaw & Ferrario (Kummer Kaempfer) as an associate in the firm’s Summerlin office, where she will practice in the areas of land use, government affairs, and zoning law. Elizabeth obtained a bachelor’s degree in chemistry from Michigan State University in 1998, and her law degree from Gonzaga in 2001. Prior to joining Kummer Kaempfer, Barnett practiced complex commercial litigation in contract and security matters, as well as commercial real estate transactions. Earlier, Barnett was a law clerk to Judge Gene T. Porter in the Eighth Judicial District Court of Clark County, Nevada.

Laura Waldman has joined the firm of Lukins & Annis, P.S. as an associate attorney. Following law school, Laura clerked for the Honorable Stephen Brown, Washington State Court of Appeals, Division III. She will focus her practice on general civil litigation matters.

2005 Manda Brockhagen received an invitation to work in Botswana as a District AIDS Coordinator. She will leave in April for Botswana to be a liaison between AIDS/HIV programs and the government.

2002 Matthew Cox is employed at Golden Gate University School of Law as Admissions and Financial Aid Coordinator. He will be participating in the seven-day AIDS Lifecycle bike ride from San Francisco to Los Angeles.

Manda Brockhagen

From across the globe, Gonzaga University School of Law is proud to announce the publication of an all-new Alumni Directory, aimed at finding and bringing together law alumni wherever they may be. Scheduled for release in the summer of 2007, the new Alumni Directory will be the most up-to-date and complete reference of Gonzaga’s more than 6,000 school of law graduates. This comprehensive volume will include names, class year(s) and degree(s) earned from Gonzaga. Each biographical listing will also include home address, phone number, name changes, names of spouse and children, and detailed professional information. The 2007 edition will list alumni alphabetically, by class year, by geographic location, and by occupation, in a special career networking section. The Alumni Office has chosen the Bernard C. Harris Publishing Company to produce this special edition. Harris will soon begin researching and compiling the data to be included in the directory by mailing a questionnaire to each alumnus. Please be sure to fill it out and return it as soon as you receive it. (If we don’t have your current address, please contact the Alumni Office as soon as possible so we can make sure you receive a directory questionnaire.) With your participation, the 2007 edition of the Gonzaga University School of Law Alumni Directory is sure to be a great success. Look for more details on the project in future issues of The Lawyer.

in memoriam

giving briefs

The Gonzaga Law School extends its deepest condolences to the families and friends of the following alumni and friends. Robert Chatterton, J.D. 1948 passed away November 15, 2005

Ignatius E. “Morry” Morrison J.D. 1976 passed away December 7, 2005

Calvin E. Claughton J.D. 1997 passed away March 5, 2006

Michael “Mick” O’Brien J.D. 1981 passed away October 24, 2005

Seaton M. Daly J.D. 1947 passed away November 21, 2005

Patrick H. Shelledy, J.D. 1952 passed away November 2, 2005

Colonel Robert S. Douthitt J.D. 1976 passed away November 28, 2005

Jim Shively J.D. 1977 passed away February 18, 2006

James B. Hansen J.D. 1987 passed away January 31, 2006

James J. Solan J.D. 1949 passed away April 9, 2006

William S. Hawthorne J. D. 1994 passed away March 4, 2006

Ken R. St.Yves J.D. 1993 passed away January 11, 2006

Leo E. Horrigan (friend) 1941 passed away December 17, 2005

Gary Sullivan J.D. 1963 passed away November 28, 2005

Thomas D. Kelley J.D. 1938 passed away January 19, 2006

Paul M. Williams J.D. 1952 passed away December 21, 2005

Joy McLean J.D. 1983 passed away March 4, 2006

Virginia Worthington J.D. 1975 passed away December 28, 2005

Lloyd Meeds, J.D. 1958

Terance “Toby” Daniel Lee, J.D. 1999

The firm of Preston Gates Ellis & Rouvelas Meeds recently established a scholarship in memory of Lloyd Meeds, a partner in their firm and a 1958 Gonzaga University School of Law graduate, who passed away in 2005. Lloyd is survived by his wife of more than thirty-five years, Mary; and children Deborah Kendall, Michael Meeds, and Michelle Meeds.

A memorial fund has been established for Toby Lee who died in an automobile accident on December 28, 2005, in Kailua, Hawaii. Toby graduated from Mid-Pacific Institute in 1988, earned his undergraduate degree at Colorado State University and his J.D. from Gonzaga University School of Law in 1999. Before returning to Hawaii to practice law, he clerked for Washington Supreme Court Justice Richard Guy. Justice Guy recalls how Toby was always “very happy. He always thought the surf was up.” Toby is survived by his parents, Daniel ’63 and Patricia of Kailua, Hawaii; sisters Denise, Dominique and Shandra Kanaha. Contributions may be made to:

Lloyd served with distinction in the United States House of Representatives for seven terms. Following his congressional service, he joined the firm of Preston Gates Ellis & Rouvelas Meeds as a lobbyist. He dedicated his career to the development of ethical standards in his profession. Lloyd often credited his interest in public service and professional ethics to the years he spent at Gonzaga University School of Law.

Toby Lee Memorial Fund c/o Gonzaga Law School Foundation PO Box 3528 Spokane, WA 99220-3528 www.gonzaga.edu/makeagift

Lloyd’s legacy lives on today in the Lloyd Meeds Memorial Scholarship Fund at Gonzaga University School of Law. Join us in celebrating his legacy with a financial contribution to this scholarship. Contributions may be made to:

(On-line: enter amount, select “law school,” select specific fund)

Lloyd Meeds Memorial Scholarship c/o Gonzaga Law School Foundation PO Box 3528 Spokane, WA 99220-3528 www.gonzaga.edu/makeagift (On-line: enter amount, select “law school,” select specific fund)

Joseph Steven Montecucco J.D. 1959 passed away February 12, 2006

professor randall on

planned

giving

Tax Advantaged Charitable Gifting Gary C. Randall Counsel, Workland & Witherspoon, PLLC Spokane, Washington 99203 (509) 455-9077 to unlock capital gains – the charity does not pay tax on the gain – and get a steady flow of income, undiluted by the payment of any capital gain tax. The income itself will be taxable to the donor, either as capital gain income or ordinary income, depending on the nature of the trust income.

In the first installment on charitable giving, I

suggested outright gifts. Cash is nice, appreciated securities are fine. The tax benefit to the donor is an immediate income tax deduction for lifetime gifts, a reduction in federal estate taxes for death time gifts. The detriment is that the donor no longer has the money. No one is in a 100% tax bracket, and the heirs may wish they had the bequest instead of the charity. The reality is that there are some tax advantages to charitable gifts, but the true motivation has to be primarily a charitable one. Having a classroom named after me is nice, but it wasn’t my money. It was given by some of my former students who thought they had a good time in law school. That was a charitable motive, for which the donors also received some tax benefit. Thanks, by the way. There are two types of charitable gifts that are a little fancier than outright gifts. They are mirror images of each other. One is the Charitable Remainder Trust (CRT), the other is the Charitable Lead Trust (CLT). The first works well for both income tax and estate tax purposes, the latter (the CLT) is really an estate tax planning device. Here is a quick overview of the two types.

The Charitable Lead Trust (CLT) This is really for the benefit of the kids. Used properly it will greatly reduce federal and state death taxes and provide an immediate benefit to folks you wish to benefit – a charitable beneficiary - usually for a definite period of time. It can also be tied to a life or lives in being. The idea is that the trust “income” is paid to the charity during the term of the trust. It is not taxed to the donor, nor is it deductible by the donor. When the term is up, the principal goes to named beneficiaries, usually relatives, who will not pay income tax on the receipt of the property. And who can then squander it if they wish. The term “income” is misleading. Trusts of this nature have to provide for a set payout of a percentage of the value of the trust property at the time the trust is funded. Done properly, trust income and trust payout are the same. Done improperly, excess trust income is taxable to the trust. Done at death, the donor reduces his or her estate tax by the present value of the “income” interest that will go to charity during the term of the trust. Done during life, any gift tax for the amount that will go to the kids is reduced by the same computation. There is an advantage to this type of gift over the CRT. If the income payout to the charity is tied to the life of the donor, and the charity is a religious entity like Gonzaga, prayers for the donor’s well being are quite likely. The CRT is a good income tax tool, and has some estate tax advantages. The CLT is primarily an estate tax tool. With high estate tax exemptions, and no tax usually due until the death of the survivor of a couple, it has more limited value.

The Charitable Remainder Trust (CRT) Also known as the “kids are getting enough anyway” trust, this is a fairly simple trust arrangement which involves the transfer of property – preferably appreciated real estate or securities held for more than one year – to a trust. The trust pays a percentage of the value of its property on a regular basis to the donor – or named beneficiaries – and the remainder will go to a charity. Lifetime CRT’s provide the donor with immediate gratification; an income tax deduction roughly equal to the present value of the remainder interest. CRT provides the charity with delayed gratification. Someday, when the donor dies, the charity gets the property. This is a very good way

SavEthe

Date! August 18, 19 & 20, 2006 Gonzaga University School of Law

Alumni Reunion Weekend Class of

‘41 ‘46 ‘51 ‘56 ‘61 ‘66 ‘71 ‘76 ‘81 ‘86 ‘91 ‘96 ‘01 Questions? Please contact Nancy Fike Office of Alumni Relations 509-323-3605 nfike@lawschool.gonzaga.edu

‘41 ‘46 ‘51 ‘56 ‘61 ‘66 ‘71 ‘76 ‘81 ‘86 ‘91 ‘96 ‘01

Looking for a Job? New Employee? Alumni Gathering? Reunions? Classmates? Find it all at GU Law.

www.law.gonzaga.edu

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