Summer 2008 Lawyer by Gonzaga University

the

SPRING/SUMMER 2008

LAWYER

GONZAGA UNIVERSITY SCHOOL OF LAW

since 1912

Women

LAW

in the

Balancing Act: Katharine Witter Brindley, Renee Reuther, Sherry Travers, Seanna Bodholt

the

LAWYER SPRING/SUMMER 2008 of

Dean Earl F. Martin

Table

Managing Editor Nancy Fike

Features:

Contributing Writers Brooke Ellis Nancy Fike Linda McLane Christianna Sharman Al McNeil Buck Sterling Ruthann Miller Graphics Editor Gerald Almanza Senior Copy Editor Susan Bowen Graphic Artist Sheila Evans

Contents

Message from

Women in the Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Christianna Sharman Balancing Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Christianna Sharman

Departments: Message from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In the News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lee & Hays Scholarship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Luvera Lecture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LRAP Scholarships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ann Murphy in China. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . December Graduation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 10 10 10 11 15 16

Clinic News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Summations: Student News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Photographers Shane Young Brooke Ellis Nancy Fike Ruthann Miller 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) 313-3605 or nfike@lawschool.gonzaga.edu if you have comments or suggestions.

Life in the Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Faculty Scholarship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Class Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 In Memoriam. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

the

Dean

This issue of The Lawyer celebrates the impact that women have had on this institution and our profession. With that being the case, I thought I would begin by reintroducing you to Helen Grigware Lambert. Helen, pictured at the bottom of this page, was the first woman to graduate from Gonzaga University School of Law. She was a native of Spokane and attended the Universities of Minnesota and Washington before graduating from our law school in 1935. Helen married Tom Lambert, also a graduate of Gonzaga, in 1937. Helen began her career working at the District Court of Appeals in San Francisco during World War II while her husband served in the U.S. Navy in the Pacific. At the end of the war, Helen traveled to Japan to join Tom where she became the only woman prosecutor on the Tokyo War Crimes Trials. In that role, she secured a life sentence against Naoki Hoshino, Chief Cabinet Secretary in the Tojo administration. In the years that followed her success in Japan, Helen and Tom traveled the world as she continued her career as a lawyer and then as a noted painter and art critic. Tom worked as a journalist for, among other publications, Time Magazine, the New York Herald Tribune, and the Los Angeles Times. The path Helen blazed has been followed by many women between 1935 and today. As I write this missive, we have 233 female students who will soon join the over 1700 women who graduated from this school before them. And these graduates, just like Helen, have made quite the mark on the profession. They have gone on to practice law in a wide variety of places and settings, and to serve in such notable positions as Governor of Washington State, Attorney General of Nevada, and Washington State Supreme Court Justice. Another female leader in Gonzaga’s history was Jan Ellen Rein, the first woman to earn tenure on our faculty. Professor Rein taught at the law school from 1976 to 1991, before moving to McGeorge School of Law in Sacramento, California. Today, our full-time faculty includes seventeen women, all of whom have a tremendous influence on our program of legal education. These women include scholars in such areas as property and health law, our only chair holder, expert legal writing professors, and present and former associate deans. In the pages that follow you are going to be introduced to a sampling of our female graduates and law professors. These individuals offer just a few examples of the exciting things that our female alums are doing and the impact that our female professors have on the mission of this institution. I hope you take as much pride in their work and success as I do. Helen Grigware Lambert

Visit our homepage at www.law.gonzaga.edu

Dean Earl Martin Gonzaga University School of Law

Women Law in the

By Christianna Sharman Photos by Shane Young

“I absolutely feel satisfied in my career,” says Megan Ballard, associate professor. Some of Ballard’s female predecessors in the law might not have felt so sanguine. But women have come a long way since the days when former Supreme Court Justice Sandra Day O’Connor famously couldn’t find a job except as a legal secretary. “That wouldn’t happen now,” says Linda Kawaguchi McLane, associate professor and director of Gonzaga’s Chastek Library. “And women have changed the profession. They’ve made the practice of law more humane. A lot of law firms have become more progressive and flexible in allowing people to have a life outside work.” That shift opened the profession up to women who chose it just because it suited them as individuals — not because they were willing to take on a fight for all womankind. “I was frustrated with foreign policy,” says Ballard of her former occupation. “There were a lot of problems but very few solutions. I needed a career option that would allow me to focus on problem solving.” She recalls a case involving a young Somali refugee who attained political asylum in the U.S. with Ballard’s help. “I am inspired by the Right: Megan Ballard

says. “They were the only school that showed even the slightest interest in my pro bono work. It told me that justice and public service were important components of our profession for Gonzaga.” McLane — who gravitated toward a helping profession but felt too squeamish for nursing — had a similar experience. “When I came to Gonzaga to interview, I wasn’t necessarily intending to take the job,” she says. “The emphasis on public service was really noticeable during the interview process. I think people do end up holding true to their ideals here more than at other law schools.” Hammer was looking for the same focus on ideals. “What drew me to Gonzaga was the mission, hands down,” she says. “I like the idea of justice, and I see my job as trying to make the law work justice. It contains within it the possibility of justice — and I’m going to try to hold it to that.” transformative power of the law,” she says. “I think it

succeed as a lawyer, you have to have the ability to listen

Ultimately, though, gender makes little

potentially transforms everyone involved. My attraction to the

to people,” she says. “Women are often perceived as good

difference. The combination of the right

law was its ability to problem solve.”

listeners and that’s a good skill to bring to the table.”

minds and talents with the right institution

Gail Hammer had a similar idea. “I thought, ‘Here’s how it’s

Like her colleagues, Engelken found her way to the law

possible to change the world,’” says the assistant professor,

because it seemed like the right fit for her personality. “You

director of the family law and domestic law project for

have to be highly analytical — the stereotype for men — and

University Legal Assistance, and co-director of the Institute

I thought that was a strength I brought to the table,” she says.

for Law School Teaching. “But my notions about how one

“Anybody looking for a career needs to find a good fit.”

goes about changing the world have changed. I had the idea it

Not only did the law provide the right match of interests and

was about being loud and obnoxious and shaming people into

personality with career for these women, Gonzaga School

changing.” Now, Hammer has gained an appreciation for what

of Law turned out to be exactly the right place to pull those

she calls “the transformative power of good listening.”

elements together. “When I was interviewing with law schools

Professor Sheri Engelken shares Hammer’s view. “To

a couple of things about Gonzaga impressed me,” Engelken

advances the right principles to do that work of justice — and transform all involved.

Above: Linda McLane Left: Gail Hammer

Today, she specializes in labor and employment law at Littler Mendelson in Dallas. In her work, the law’s flexibility plays a significant role. “An employee’s private property today is quite different

g n i c n a l Ba Act By Christianna Sharman

from what it was two or three decades ago, but the same principles of law apply,” she explains, “and their adaptability leads to the right result for our times.” Women have had to demonstrate flexibility, too, she says. “Your time and energy are divided and restricted by strongly competing personal and professional interests. The majority of married

Katharine Witter Brindley

attorney-mothers I know have defined the career component of ‘having it all’ as something other than equity partnership, with many opting for in-house counsel or other non-firm positions that enable them to best allocate their time and responsibilities.” Women still have a lot of choices, though, says Seanna Bodholt, a partner at Spokane’s Paine Hamblen. “There are practice areas in the law that may be more a challenge than others, due to the time pressures that lead to a lack of flexibility. In talking to young women entering the legal profession, I encourage them to think about the balance they need in life, and really evaluate what area of law may lend itself to that balance.”

Renee Reuther

For Bodholt, that’s taxation, closely held business, estate planning, charitable organizations, and

While the law has adapted — by necessity

real estate and condominium developments, and residential and

probate and trust administration. And not only do Bodholt’s career choices facilitate balance, they

— to women’s competing priorities, there is still work to be

mixed-use planned developments in rapidly growing Las Vegas.

deliver gratification in her daily work. “Legal issues are scary to many clients,” she explains, “and I

done. The time pressures of private practice present a real

She represents many of Southern Nevada’s leading real estate

find it inspiring to play a key role in finding solutions and assisting them to that end.”

challenge to women attorneys who want to “have it all,” but

developers and builders.

A desire to help others brought Kathy Brindley to law, as well. She started her professional life as

these four Gonzaga alumni have found the balance they need in

She also takes that expertise into her public service work

an R.N., then landed on the idea of combining her medical background with the law.

a profession they still find inspiring.

on the board of trustees for New Vista Ranch, a nonprofit

In a fine example of balance, Brindley worked full time as a nurse while she attended Gonzaga.

“It’s a consuming profession,” says Renee Reuther, founding

organization providing homes, employment, and support for

Today, she maintains a growing trial practice at Seattle’s Helsell Fetterman defending healthcare

partner of Rice Silbey Reuther & Sullivan in Las Vegas. “The

adults with developmental disabilities.

clients in medical malpractice matters and individuals facing discipline from state licensing

trick is to not let it become all-consuming. Although I think the

“I’m inspired by the concept that we all have equal justice

authorities. She works with hospitals on risk management and business transactions, and she also

profession has evolved significantly, I think women attorneys

under the law,” she says. “The legal system mandates that we

serves as a guest speaker at area nursing schools. Armed with her preparation from Gonzaga —

feel a need to prove themselves more.”

all get a fair shake.”

“Gonzaga clearly prepares students for the real world and lasting careers” — she’s optimistic about

She avoids that self-imposed burden with a little help. “My

The struggle for a fair shake influenced Sherry Travers from

the future of her second profession.

family and friends help keep me grounded,” she says.

early on. “I grew up in the Pittsburgh area during the steel mill

“Over the past twenty-five years, women have made tremendous strides in the law, anywhere

What’s more, given the success of her practice, Reuther

era and was fascinated by the union organizing campaigns and

from managing partner to part-time lawyer,” she says. “Women lawyers today are able to set and

hardly has anything to prove. Her work focuses on commercial

contract disputes common to that part of the country,” she says.

pursue career goals without limitations.”

Sherry Travers

Seanna Bodholt 8

IN the NEWS twenty-five-year career in the U.S. Air Force Judge Advocate General Corps. Colonel Gunn’s last assignment in the Air Force JAG was as Chief Defense Counsel for the Department of Defense Office of Military Commissions, where he directed the defense effort for the detainees brought before military commissions at Guantanamo Bay, Cuba. While in this post, Col. Gunn built an office from the ground up and led a team of fourteen military and twenty civilian attorneys representing a client base of more than 500 detainees. The Paul N. and Lita Barnett Luvera Lecture in Law series was created by an endowment gift from the Luveras. Paul Luvera is a 1959 graduate of the law school and gave the first address in the series in 1990. Lita Barnett Luvera, who is a partner in the Luvera Law Firm, received her J.D. from Gonzaga Law in 1977.

Lewis Lee with Dean Martin

Loan Repayment Assistance Program Initiated

IP Scholarship

In December 2007, Gonzaga Law School selected the first recipients of its new Loan Repayment Assistance Program (LRAP). The launch of this program is a reflection of the law school’s humanistic, Jesuit, and Catholic nature as well as the high value that it places on attorneys pursuing careers in public service. The LRAP program is designed to assist GU law school graduates in pursuing public interest employment by easing the burden of debt repayment obligations for those employed full-time in positions that are law-related and public interest in spirit, or who provide legal services for federal, state, or local governments. Selected graduates are awarded loans of up to $4,000 a year to help meet the repayment of specified law school loans. If a graduate remains in qualifying public interest employment for at least one year after receipt of a loan under this program, the loan made by the law school will be forgiven. Graduates may apply annually, for a total of five years of LRAP funding. “I’m honored to be a part of this program,” said M. Abbas Rizvi (‘07), after learning he was one of this year’s three recipients. “I chose public interest because I wanted to use my skills as a lawyer to help empower clients who deserve the ability to engage with the law, but often cannot due to financial, linguistic or educational challenges.” Jessica Cahoon (‘06), who chose a career in the area of public interest law, said, “I felt like I could make a difference in this area. I wanted to assist those who wouldn’t get assistance if they had to pay for it.”

The Spokane law firm of Lee & Hayes has committed to sponsoring a $2,500 scholarship to be given annually to a second-year student who has a demonstrated interest in the field of intellectual property. The first award will be made in the fall of 2008. Lee & Hayes is also a generous supporter of the Saul Lefkowitz moot court competition.

Annual Luvera Lecture This year’s Luvera Lecture Series welcomed Colonel Will A. Gunn as its distinguished guest speaker. Colonel Gunn’s lecture was titled “Defending the Guantanamo Detainees: Courage, Public Service, and the Rule of Law.” Colonel Gunn, who holds a bachelor’s degree from the U.S. Air Force Academy and a law degree from Harvard Law School, is the chief executive officer of the Boys and Girls Club of the Greater Washington, D.C. area. Prior to working with the Boys and Girls Club, Colonel Gunn had a Paul and Lita Barnett Luvera distinguished

“Working in the public interest sector was the perfect choice for me,” added Maria Diana Garcia (‘07), the third LRAP recipient. “It has allowed me to do the things that drew me to become an attorney. In fifteen years, I see myself working in public service. I want to continue working with and for the people.” For additional information on the LRAP program, eligibility requirements, and application procedures, go to www.law.gonzaga.edu/Alumni, or contact Georgia Dunham at gdunham@lawschool.gonzaga.edu.

Ann Murphy Teaches in China Ann Murphy has spent the last seven months teaching in Beijing, China, as a Fulbright Lecturer. Following are excerpts from e-mails she has sent home to her colleagues at the law school. “The University buildings are not like the U.S. The furnishings are nonexistent. The heat only runs from November 15 through March 15. It definitely got cold last November before they turned on the heat! You can get boiling water out of these giant vats everywhere on campus, and that’s how people stay warm— they fill bottles and put them close. That’s what I do! For undergraduates, the Ministry of Education has decreed that there are eight students to each dorm room. The dorm rooms are the size of the one I had in college—with Above, top to bottom: Maria only two to a room. Graduate Garcia, M. Abbas Rizvi and students are four to a room and Ph.D. Jessica Cahoon candidates are two to a room. To shower, they have to go to a public shower about a quarter-mile away. It’s a rough life! I’ve had some interesting culinary experiences. One day I went with a student and a Chinese fellow professor to a restaurant that serves “hot pot.” . . . A large pot in front of you – boiling – then they add food to it. . . . [Y]ulan, the student, said

Above: Ann Murphy and family at the Great Wall of China

to me, ‘do you want duck blood?’ I told her the first time around I thought she said ‘do you want duck BUTT?’ We all started laughing. Another time during “golden week” (which marks the week Mao declared the People’s Republic of China), the law school planned a dinner in my honor. . . . I was driven to this incredibly fancy restaurant. . . . Then . . . they put [the] main course on the table . . . and it was eight heads of fish – looking directly at me. . . . I learned later it’s a great honor to pick out the eyeballs and eat them. . . . I just said I could not eat it because it was looking at me! The Internet blocks are really a problem. The government blocks some sites. But, the blocking does not make sense many times. For example, the BBC is blocked, but the International Herald Tribune is not. . . . Fortunately, I have found an internet proxy server that helps me to get around the blocks. With the recent unrest in an unnamed part of China, the news has been very sketchy. For the last three nights, [Ann sent this e-mail on March 20] while we were watching CNN International, when the topic of the unrest came up, the t.v. turned blank and the sound went off. About five minutes later, it was up and running again. Aside from the government blocks, the people here are

IN the NEWS highest ethical and professionalism standards of the legal profession. This award is named after Smithmoore P. Myers, long-time professor and former two-term dean of the law school. March 26 was also Smitty’s ninetyfourth birthday, and was celebrated at the dinner.

the nicest people I have ever met. They love Americans. That surprised me, because of the tensions during the Cold War. But, they still remember how the U.S. rescued them during World War Two. Everyone here wants to go to America. The students tell me it is their dream to go to the U.S. for school.” Note: Ann is expected to return to the U.S. this summer.

Professor Speaks on Civil Liberties Sheri Engelken, assistant professor at Gonzaga University Above, right: Ann Murphy in China School of Law, spoke Far right: Bill Hyslop and Smitty Myers on the topic “Civil Liberties and the War on Terror,” on Tuesday, September 18, to mark Constitution Day. The lecture, which was free and open to the public, took place in the Barbieri Courtroom at the GU Law School. The lecture was well attended by law students, undergraduates, and members of the public. Professor Engelken discussed the privacy interests and liberties the U.S. Constitution grants citizens, and arguments for and against the government’s power to limit those rights in its war on terror. Professor Engelken, who is in her fourth year on the law faculty at GU, earned her law degree from the University of Chicago School of Law. Before becoming a professor, she practiced law as a partner at Kirkland and Ellis. Her recent article on the First Amendment jurisprudence of the late Chief Justice Rehnquist was published in the Harvard Journal of Law and Public Policy.

Gonzaga University School of Law

REUNION WEEKEND Save the Date August 15–16, 2008 Make Plans to Attend!

Bill Hyslop Receives Professionalism Award Bill Hyslop, class of 1980, was awarded the 2008 Smithmoore P. Myers Professionalism Award on March 25, 2008, at a dinner given by the Spokane Bar Association. The award is given to an attorney who exemplifies the

CLASS OF ’43, ’48, ’53, ’58, ’63, ’68, ’73, ’78, ’83, ’88, ’93, ’98, ’03 13

Annual Giving

IN the NEWS The Newest Supreme Court Justice Debra L. Stephens (’93) By: Professor Buck Sterling On January 1, 2008, Debra L. Stephens, Gonzaga law class of 1993, was sworn into office as the 92nd Justice of the Washington State Supreme Court. Justice Stephens was appointed by Governor Christine Gregoire (‘77) to replace retiring Justice Bobbe Bridge and the initial swearing in was performed via telephone by Chief Justice Gerry L. Alexander. A more formal and public swearing in ceremony was conducted a week later, on January 7, in the Temple of Justice before a session of the Supreme Court in the presence of family, friends, colleagues, jurists, and other members of the bar. A native of Spokane, Debra is well known to Gonzaga University School of Law and to the Gonzaga community overall. She attended Gonzaga University on a debate scholarship and graduated magna cum laude Above: Debra Stephens with Justice Alexander in 1987 with a B.A. in philosophy. Following graduation she Right: Stephens and Governor Christine Gregoire taught speech communications and coached the debate team at Spokane Falls Community College from 1987 to 1988, then served as Gonzaga’s assistant dean of admissions practice that led to more than 125 appearances before the from 1988 to 1990. She then attended law school as a Thomas Washington Court of Appeals, the Idaho Supreme Court, the More Scholar, and graduated summa cum laude in 1993. United States Court of Appeals for the Ninth Circuit, and as Stephens’s first job after law school was as staff attorney counsel of record in the U.S. Supreme Court. She has also for the Honorable Fred L. Van Sickle, U.S. District Court for been a contributing author to the Washington Appellate the eastern district of Washington. Since then she has been Practice Deskbook. a dervish of activity. She has taught at the law school as an In April 2007, Governor Gregoire appointed Debra as a adjunct professor (legal research and writing, community judge for Division III of the Court of Appeals, the first woman property, appellate advocacy, and state constitutional law, from Eastern Washington to serve in that capacity. She served co-taught with Brian Harnetiaux), served as a volunteer a mere eight months before being tapped for service on supervising attorney in the Gonzaga University Legal Washington’s high court, thus completing what can only be Assistance Clinic, and as volunteer mentor for Gonzaga called a meteoric rise. She is the first Division III judge to be undergraduate and graduate students. She has also helped elevated to the Supreme Court. coordinate the Amicus Curiae program of the Washington While formal, the ceremony in Olympia on January 7, State Trial Lawyers Foundation and maintained an appellate was a collegial and crowded affair full of reminiscences,

encomiums, and humor. All agreed that Debra Stephens is the right person at the right place at the right time. In testimony to the new Justice’s industriousness, Governor Gregoire recalled the phrase on Stephens’s coffee mug: “Behind every successful woman is a substantial amount of coffee.” Then, after the Chief Justice again administered the oath of office, the newest justice was assisted in donning the judicial robe by her husband Craig, daughter Lindsey, and son Bob. When her turn came to respond, Justice Stephens remembered, in a voice briefly tremulous with emotion, the awe she felt when she first argued before the Supreme Court and the great sense of privilege she also felt to represent her client there. “I always think of the cowboy poet who said the courts are the one place where the smallest dog can lift his leg against the biggest tree,” she said.

Finally, Chief Justice Alexander gaveled the session into adjournment. As the justices filed out through the door behind the bench, Justice Stephens followed last, as is the custom for the most junior member of the court, and then walked through the door and into a new chapter in Washington’s history.

What defines a great law school? Some initial thoughts that come to mind are an intelligent, ambitious student body, first-class facilities, and a scholarly, dedicated faculty. But what about alumni participation? A university’s alumni have the unique ability to significantly impact the reputation and profile of their alma mater. “Alumni participation,” as calculated by the Council for Aid to Education for Voluntary Support of Education Survey, is the percentage of alumni who give any dollar amount to Gonzaga Law School each year. Participation is not a mere statistic. Major corporations actually factor alumni participation into the equation when selecting which universities to support with grants. U.S. News & World Report uses alumni participation as a way to compile their rankings, and employers and judges look to those rankings when making hiring decisions. In addition, your vital contributions not only promote Gonzaga’s reputation of academic excellence, you are actually increasing the value of your own degree. By supporting Gonzaga School of Law, you send a message to potential students that alumni value their degree and education. In a way, alumni participation reflects how satisfied alumni are with their experience at Gonzaga. Last year, broad alumni support gave a significant boost to the Law School Annual Fund. Your unrestricted dollars were put to work keeping the school’s physical plant in top condition, and continuing to enhance our strong reputation for academic excellence. As an example of how these gifts were used, last summer faculty and staff computers were replaced with new Dell machines equipped with capacious hard drives, plenty of memory, dedicated video cards, and Intel Core 2 Duo processors for running the latest operating systems. The school’s lobby now boasts two large LCD display monitors to enhance daily informational communications, as well as keeping students and visitors informed about special events. Students can find information ranging from the latest Linden Cup winners, to upcoming lectures and guest speakers, to our annual Heidelberg celebration. Four primary classrooms were also enhanced with projectors that display video images so bright they can be seen even with the light on. Finally, several new servers were purchased to provide greater redundancy and stability for the law school’s infrastructure, making our network more reliable for students. Technology upgrades like these would not be possible without the support of a proud and loyal alumni body. Make a commitment today, and help solidify a strong reputation of academic excellence – in the classroom and beyond.

Dean Earl Martin Retires from U.S. Air Force JAG On January 11, 2008, Dean Earl Martin was honored with a retirement ceremony marking the end of his career with the U.S. Air Force JAG Corps. Marty’s record of service with the Air Force is exemplary. He began his military career in 1987, after graduating from the University of Kentucky College of Law, where he was a member of the Order of the Coif. His first assignment was Assistant Staff Judge Advocate at Pease Air Force Base in New Hampshire, where he represented the Air Force in various legal proceedings. From 1989 to 1990, Marty served as Assistant Staff Judge Advocate at RAF Mildenhall, and from 1990 to 1992, at Royal Air Force Lakenheath, in England. From there he moved to Rhein Main Air Base in Germany to serve as the Circuit Defense Counsel for the European Judicial Circuit, which included twenty-three major Air Force installations in nine countries. In 1995, Marty returned to the United States as a reservist and was assigned to Bolling Air Force Base in Washington D.C. He served as an appellate defense counsel representing Air Force members in their criminal appeals before the Court of Appeals for the Armed Forces and the Air Force Court of Criminal Appeals. By 1998, Marty was the Supervisory Trial Defense Counsel at Bolling. After a period at the U.S. Air Force Academy in Colorado Springs, Colorado, serving as assistant general counsel to the 4,000 undergraduate students, Marty moved to Lackland Air Force Base in Texas. Here he again served as an assistant Staff Judge Advocate, providing valuable legal assistance to active duty, reserve, and retired personnel. When Marty accepted the position of dean of Gonzaga Law School and moved to Spokane, he continued his service in the reserves at Fairchild Air Force Base. Earl “Marty” Martin marks the end of a distinguished career as a member of the JAG in service to his country, and retires with the rank of Lieutenant Colonel.

IN the NEWS

December Graduation 2007 This last December 14, fifteen students received their J.D. in a ceremony held in the Barbieri Courtroom. Family, friends, and faculty filled the courtroom to share in the special time as students accepted their degrees. A reception with family and friends followed, celebrating the success of the new graduates. Graduates were: Ryan Alexeev, Richard Goulding, Elizabeth Guerra, Takeshi Iizumi, Amy Johnson, Dillon Larkin, Dominic Lindauer, Jack McClellan, Kirk Miller, Rebecca Sheppard, Roselee Simkins, Daniel Stovern, Ronna Washines, Stephanie Williams Cady, and Fanny Zhang.

Above: Dean Martin, his sons Case and Cade, and Lt. Col. Chris Petras

summations student news

Clinic NEWS

Chuck Hammer is also retiring from the clinic this spring.

Mr. Hammer has directed the clinic’s Low Income Taxpayer Program since its inception in 2001. He has built an exciting program that allows students to learn by dealing directly with the IRS on behalf of their clients. Taking Mr. Hammer’s position will be Jennifer Gellner, a Seattle tax attorney and former student at the Low Income Taxpayer

NAAC Teams Compete in Regional Competition Congratulations to Gonzaga’s two NAAC teams, which competed admirably in the regional competition in St. Louis just before spring break. The team of Joe Brown, Blake Hilty, and Evan Marques advanced to the Above: the NAAC team semi-finals before losing a close round. The team of Dan Gividen, Jennifer Jackson, and Tamera Kelly advanced all the way to the finals, where the three judges split: one for them, one for the other team (Houston), and one tied. The Houston team then won on a tie-breaker (total points).

Kevin Zeck for their outstanding performance during the Philip C. Jessup International Moot Court Competition. They competed in the Pacific Super Regional in Santa Clara, California, February 28 through March 2, and won third best brief, losing by one point to first place U.C. Hastings. In the process, Gonzaga’s brief beat other schools in the western region, including Stanford, Berkeley, Davis, USC, UW, Oregon, and Arizona. They also defeated competitors in the oral rounds in which they were paired against Oregon, University of Nevada - Las Vegas, University of New Mexico, and Montana. Saul Lefkowitz Moot Court Competition

Above: Professor Mark Wilson Right: Chuck Hammer

client base continues to be at the forefront of our day-to-day

Major changes are taking place in University Legal

activities. We are seeing a significant increase in housing

Assistance (ULA). One of the most significant of these is the

issues, predominately foreclosure and foreclosure rescue

retirement of Professor Mark Wilson at the end of this semester.

scams. ULA recently forced the return of an eighty-year-old

Congratulations to Gonzaga’s Saul Lefkowitz Moot Court competitors on their outstanding performance in San Francisco, February 8 through 10. Gonzaga fielded two teams for this year’s national IP competition in San Francisco. Team members were Kent Doll, Erik Lamb, Collette Leland, Megan New, Kimberly Pray, Brian Sniffen, Brett Venn, and Peter Wilburn. Their hard work paid off in San Francisco when they competed against some highly-ranked schools in the Western Region: Berkeley, Hastings, University of San Francisco, Santa Clara, and University of Hawaii, to name a few.

The co-creator of ULA, Mark has guided the clinic for thirty-

client’s home. The house had been taken through fraud by

•

three years. His vision and steadfast dedication has shaped the

people who promised to help our client when he fell behind

current program, which is responsible for having educated over

on his mortgage payments. A blizzard of paperwork was

1,000 students. Professor Wilson has long championed Native

presented to our client, ultimately resulting in the defendants’

American rights, so it is fitting that as Mark reaches retirement,

owning his home. When the scam artists attempted to evict our

ULA is in the process of establishing a Native American Law

client, ULA was able to stop the eviction and eventually return

Clinic. Funded in part by the Kalispell Tribe, the new program

title of the home to him.

will provide educational experiences for students to directly

Another case involving a landlord who evicted one of our

represent individual tribal members and assist the tribal

clients was tried in March. The case has already been to the

government with transactional and business services. We are

Court of Appeals, and this trial is being held to establish the

very pleased to announce that the director has been hired for

landlord’s financial obligation for placing all of our client’s

the clinic. He is Jay Kanassatega, from St. Anthony, Minnesota.

possessions on the sidewalk, in the rain, during the eviction.

Jay received his B.S. in Special Education from Bridgewater

The appeal, which can be found at Parker v. Taylor, 136 Wash.

State College in Maine, and his J.D. from the University of

App. 524 (01/04/2007), established the landlord’s duty to store

Washington School of Law. Since 1990 he has been with the firm

the tenant’s possessions after an eviction.

Clinic at the University of Washington. Ms. Gellner is relocating to Spokane and will begin working this summer.

The clinic’s on-going responsibility to represent its core

Above: the Jessup Cup team: Coach Prof. Joe Hnylka, Matt Semritc, Coach Prof. Upendra Archarya, Jefferson Boswell, Estee Lewis, and Kevin Zeck Right: the Saul Lefkowitz (IP) Moot Court Team . Back row/left to right: Kimberly Pray, Peter Wilburn, Colette Leland, Megan New, Erik Lamb, Brett Venn. Front row/left to right: Kent Doll, Brian Sniffen

Though disappointed that they didn’t advance to the national rounds, the team members performed very well. They are all accomplished advocates, both orally and in writing, showing an amazing degree of dedication and industry. Each student is a credit to the law school.

Jessup Cup Team at the International Moot Court Competition Congratulations to the Jessup Cup team of Jefferson Boswell, Estee Lewis, Matt Semritc, and

Leonard, Street and Deinard, in Minneapolis.

Team Leland-Pray-Sniffen-Wilburn beat every other school in the competition on their brief, winning the Best Brief award, and going on to win second best brief in the

summations student news • The team of Nicholas Fisher, Eric Whiting, and Emily Wilson won the third place best brief award, and advanced to the semi-final round based on brief score plus preliminary oral argument score. • The team of Russell Knight and Gavin West was undefeated (4-0) in preliminary oral argument rounds. • Eric Whiting received the third place best oral advocate award. • Gonzaga brought home more awards than any other school at the competition. Above: Justices with Linden Cup finalists

nation. They also won second place overall (oral argument + brief scores) in the competition, with only Hastings ahead of them in the oral argument competition. •

Team Doll-Lamb-New-Venn was also extremely impressive in their oral performances, despite not taking an award. They definitely beat the teams they argued against, but unfortunately never got to face the Hastings team in head-to-head competition.

The Mugel competition is the oldest and largest tax moot court competition in the country. Gonzaga’s team was coached by Adjunct Professor Eric Sachtjen, and many professors and practitioners helped judge practice rounds.

representing the respondent. They argued their cases in front of Washington Supreme Court Justices Mary Fairhurst, Richard B. Sanders, Charles W. Johnson, Debra Stephens, and Idaho Supreme Court Justice Warren E. Jones. The winning team of Beau Ellis and Megan New was announced by acting Chief Justice Mary Fairhurst. Congratulations to all the teams for their hard work and participation.

Heidelberg Saturday evening following the final round of the Linden Cup competition, Gonzaga students celebrated with the Heidelberg dinner held at the Davenport Hotel. This celebration, first

Linden Cup – 2008 On Saturday, April 5 Gonzaga University School of Law held the annual Linden Cup Oral Arguments in the Barbieri Courtroom. Beau Ellis and Megan New represented the petitioner, with Rachel Kaufman and Diana Powell

Gonzaga was fortunate to have the assistance again this year of excellent practice judges. Our judges included some outstanding Linden Cup oralists from last year, members of the law school faculty, and local practitioners (many of them specializing in IP, and some of them past Lefkowitz competitors themselves). Their generous gift of time is appreciated. Also this year for the first time, Gonzaga’s Lefkowitz competitors enjoyed the sponsorship of the Spokane law firm of Lee & Hayes, which specializes in IP law. Through the leadership of Lewis Lee and Dan Hayes, the firm has committed to partnering with the law school on this effort for five years. It is just that kind of support that helps make results like those achieved this year possible.

Tax Moot Court Team Wins Awards in New York On February 28, 2008, Gonzaga sent two teams to the Mugel National Tax Moot Court Tournament in Buffalo, New York. The teams did an outstanding job:

established seventy-three years ago by Fr. James Linden, acknowledges the year’s achievements inside and outside the classroom, and honors the Linden Cup competitors, along with all our moot court teams. Awards were presented by Brandon Roché, outgoing SBA president, to the following: SBA Representative of the Year – Stephanie Cotton Orland Professor of the Year – Jim Celto Vaché Orland 1L Professor of the Year – Vickie Williams

•

University of Montana Professor David Aronofsky, who discussed the World Trade Organization and international trade relations with China;

•

Brian Pangrle, a managing patent attorney with the Spokane law firm Lee and Hayes, discussed patent law in emerging markets;

•

Nepalese attorney Hem Mohan Bhattarai discussed Nepal and the WTO;

•

Heng Wang, a law professor at the Economic and Trade Law School, Southwest University of Political Science and Law, China, discussed China WTO issues;

•

Japan’s Ichiro Araki, a law professor at the International Graduate School of Social Sciences, Yokohama National University, addressed Japan-U.S. Trade;

•

Law professor Upendra Acharya examined the WTO and the least developed countries;

Rowland Adjunct Professor of the Year – Judge Richard White SBA Tutor of the Year – Samuel Colito SBA Club of the Year – The Federalist Society Presidential Silver Gavel – Not Awarded

•

Presidential Golden Gavel – Annie Bernhard

Law professor Xinjuan Zhang from the China Youth University for Political Sciences, discussed WTO membership from China’s perspective.

Clinic Intern Represents Client at Hearing Third-year student Sarah Hovland, a Rule 9 intern in the law school clinic, recently represented a client at a hearing in Olympia conducted by the governor’s Board of Clemency and Pardons. The hearing was a success insofar as it resulted in a decision by the board to recommend a substantial sentence reduction for the client. That recommendation will now go to the governor who has power under the Washington State Constitution to grant clemency and pardons. The hearing was publicized statewide by TVW, the Washington public affairs network. If interested, you can watch the hearing, including Sarah’s impressive performance, at www.TVW.org. Click on “media archives,” then “recent media,” then scroll down to the Clemency Board’s public hearing for Jeremy Johnson (Petitioner). Congratulations to Sarah for a job well done.

Prof. Jim Nafziger of the Willamette University School of Law, addresses the symposium audience.

GU International Law Journal Hosts Trade Symposium A two-day symposium sponsored by the Gonzaga Journal of International Law, and held at the Gonzaga University School of Law, February 28 and 29, 2008, drew scholars and attorneys from around the world. Two professors from China, one from Japan, and an attorney from Nepal were among those who spoke on the symposium’s topic “International Trade: Law or Politics?” The symposium focused on international trade. Most who spoke have intimate knowledge of the World Trade Organization and other international groups that deal with economics and inter-border trade issues. The distinguished speakers included: •

Willamette College of Law Professor James Nafziger, a former Fulbright Scholar who discussed arbitration of the North American Free Trade Agreement: UPS vs. Canada;

•

Itron Corporate Attorney and GU Law School alumnus John Holleran, who discussed the realities of international trade;

Kevin J. Barry Award for Excellence The Gonzaga Law Review recently received the 2008 Kevin J. Barry Award for Excellence in Legal Studies. The award was given for an article entitled “What’s Good for the Goose is Good for the Gander Lessons from Abu Ghraib: Time for the United States to Adopt a Standard of Command Responsibility Towards its Own,” 42 Gonz. L. Rev. 335 (2007), by Professor Victor Hansen of New England School of Law. The award is given by the National Institute of Military Justice, a private, non-profit corporation in the District of Columbia that is organized to advance the fair administration of military justice and foster improved public understanding of the military justice system. Congratulations to Professor Hansen, and to the 2006-07 members of the Gonzaga Law Review, whose outstanding editing work helped make this an award-winning article.

life in the library by Linda McLane Director, Chastek Law Library

sessions to the first year law students. We offered classes on how to conduct legal research using electronic sources on a variety of topics; including administrative law, statutes, legislative histories, how to use our online catalog and some general legal databases. We also taught the introductory Lexis and Westlaw training for the first time. Our rationale is that the librarians provide a more objective perspective than the vendors; for example, how to search in a cost-effective manner, thereby not wasting employer’s resources with Google-like fishing expeditions. Gonzaga has long had a more rigorous Legal Research & Writing program than many law schools, and because librarians share the same goals, it is an obvious and fruitful partnership. I was cognizant of Gonzaga’s reputation long before I worked here, when I clerked at the Idaho Supreme Court. I worked with two Gonzaga graduates who clerked for one of the more meticulous and demanding justices, and I believe one of the main reasons he hired them was because of their strong research and writing skills. Hopefully, many of you will see the positive results of this collaboration when our current students enter the workforce. Next year we are planning to offer research training sessions to faculty research assistants and students working on the journals. Our goal is to develop lasting relationships with our law students so that they know they can call on us for reference assistance long after they graduate.

Law is a science, and . . . all the available materials of that science are contained in printed books . . . the library is the proper workshop of professors and students alike; . . . it is to us all that the laboratories of the university are to the chemists and physicists, the museum of natural history to the zoologists, the botanical garden to the botanists. Christopher C. Langdell, Speech at Harvard University, in 3 Law Quarterly Review 123, 124 (1887). Although Langdell spoke these words over 100 years ago, and not all legal materials are in printed books any longer, the fundamental idea remains valid and important. A well-used, active law library is a reflection of the health of the law school as a whole. If you look around the Chastek Library, you’ll see tables full of law students studying, a bustling computer lab, busy reference and circulation desks, and moot court and other competition teams working on briefs and preparing for oral arguments (you’ll see elsewhere in these pages that they performed very well this year). Academic law libraries continuously monitor the needs of their primary patrons in order to remain relevant to the mission of the law school. One way is to be actively involved with the law students and the rest of the law school. This year we collaborated closely with Cheryl Beckett, the director of the Legal Research & Writing program, and the other LR&W professors to evaluate the library’s role in offering instructional 23

faculty scholarship Professor Upendra Acharya Professor Upendra Acharya’s article Locus Standi in Administrative Law: A Study of Nepal and India has been published in the book, Justice: Collection of Research Articles on Law, Justice and Legal System (Shesh Raj Shiwakoti ed., 2007). On April 12, 2007, Upendra gave a keynote speech on the topic Indigenous People, Biotechnology and Human Rights at a conference on human rights and development organized by the International Law Society at the Lewis and Clark Law School, Portland, Oregon. Professor Upendra Acharya’s article, Is Development a Lost Paradise? Trade, Environment and Development: A Triadic Dream of International Law, has been published in the Alberta Law School’s Alberta Law Review, vol. 45, Issue 2 (2007). Professor Upendra Acharya has completed a solicited review of a draft of the casebook, International Criminal Law, authored by David Stewart, David Luban, and Julie O’ Sullivan.

Professor Megan Ballard Professor Megan Ballard’s application for tenure was recently approved by Gonzaga University President Robert Spitzer. Professor Ballard will join the tenured ranks of the law faculty at the beginning of the 2008-09 academic year. Professor Ballard attended the spring leadership meeting of the ABA Section of Real Property, Probate and Trust Law, on April 26-28, 2007, in Washington, D.C. Professor Megan Ballard’s article, The Shortsightedness of Blind Trusts, has been printed in volume 56 of the Kansas Law Review. On September 24, the Spokane City Council voted to adopt a zoning ordinance that Professor Ballard drafted and shepherded through the legislative process, allowing honeybees to be kept in the city.

Professor Megan Ballard attended the ABA Section on Real Property, Trust & Estate Law’s 2007 Fall Leadership Meeting, October 19 through 21, 2007, in her capacity as a book editor for the Real Property Media/Books Committee.

Assoc. Dean of Students Lisa Bradley Lisa Bradley co-presented a case synthesis workshop with Joe Hnylka at the Rocky Mountain Legal Writing Conference held in Las Vegas, Nevada in March 2007. Lisa and Professor Joe Hnylka co-presented on the topic A Three-Step Approach to Teaching Case Synthesis, at the 2007 Northwest Regional Legal Research & Writing Conference: Teaching LR&W in Changing Times, held at Gonzaga on August 10, 2007. Lisa co-presented a workshop on Case Analogy and Distinction at the Southeast Legal Writing Conference in Fort Lauderdale, Florida in September, 2007. Lisa Bradley was also a presenter at the Rocky Mountain Legal Writing Conference held in Salt Lake City, Utah, in March of 2008.

Professor Patrick Charles Professor Patrick Charles’ article, Researching the Initiative and Referendum Process in Nebraska, has been published in the November/ December 2007 issue of The Nebraska Lawyer. It was also published in 27 Legal Reference Services Quarterly 205 (2007). Professor Patrick Charles and Professor Linda McLane’s article, Locating Personal Injury Verdicts and Settlements in Idaho, has been published in the March 2008 issue of The Advocate, the official publication of the Idaho State Bar. Professor Patrick Charles and Professor Linda McLane’s article, What’s It Worth: Locating Personal Injury Verdicts and Settlements in Oregon, has been published in the February/ March 2008 issue of the Oregon State Bar Bulletin.

Professor Cheryl Beckett

Professor Daggett recently spoke on student privacy developments at the Fifth Commonwealth Education Law Conference in Williamsburg, Virginia. The conference is sponsored by Virginia Commonwealth University’s Commonwealth Education Policy Institute. Also Professor Daggett’s paper, FERPA, PPRA, and other Student Privacy Issues in a Post-9/11 World, was recently published in Critical Issues in Education Law and Policy, at 133 (Lexis-Nexis 2007).

Professors Cheryl Beckett and Kevin Shelley organized the 2007 Northwest Regional Legal Research & Writing Conference, Teaching LR&W in Changing Times, held at Gonzaga on August 10, 2007. Twenty-four legal research and writing professors from Gonzaga, Seattle University, the University of Washington, the University of Oregon, Lewis & Clark, and the University of Idaho, attended this day-long conference. Participants presented on numerous topics ranging from developing mission statements for LR&W teachers, to teaching legal writing in Uganda, Kenya, and South Africa.

Professor Daggett’s article, Student Privacy and the Protection of Pupil Rights Act as Amended by No Child Left Behind, has been accepted for publication by UC Davis Journal of Juvenile Law and Policy.

Presenters at this conference included three of our professors:

Professor Lynn Daggett spoke on developments in student privacy law at the Education Law Association Annual Conference in San Diego on November 18, 2007.

Professors Lisa Bradley and Joe Hnylka copresented on the topic A Three-Step Approach to Teaching Case Synthesis. Professor Mark DeForrest presented on the topic The Use of Legislative History in an Internet-Driven Research Environment.

Professor Mark DeForrest Professor Mark DeForrest presented on the topic, The Use of Legislative History in an InternetDriven Research Environment, at the 2007 Northwest Regional Legal Research & Writing Conference: Teaching LR&W in Changing Times, held at Gonzaga on August 10, 2007.

On October 18, Professor Cheryl Beckett gave a presentation on Compliance with State and Federal Anti-Discrimination Laws, at the WSBA Benefits, Compliance & Consequences of Diversity CLE at Gonzaga University School of Law. On November 1, Professor Beckett presented, Ask the Arbitrator: Scenarios and Case Handling Tips at the Labor and Employment Relations Conference for the Inland Empire Chapter of the Labor and Employment Relations Association in Spokane, Washington.

Professor DeForrest’s article, The Use and Scope of Extrinsic Evidence in Evaluating Establishment Clause Cases in Light of the Lemon Test’s Secular Purpose Requirement has been accepted for publication by the Regent University Law Review.

Professor George Critchlow

Professor David DeWolf

Professor George Critchlow’s article, Where Do Human Rights Begin, has been published in Volume 5 of the interdisciplinary publication, Journal of Hate Studies.

Professor David DeWolf published an op-ed column, Evolution and Dissent, in the Boston Globe, June 11, 2007. He also spoke recently to the Blackstone Fellowship in Phoenix, Arizona.

Professor Lynn Daggett

On July 26, Professor DeWolf was quoted in the article, Democrats Shift Approach on Abortion, in the Los Angeles Times.

Professor Lynn Daggett’s article, All of the Above: Computerized Exam Scoring of Multiple Choice Items, has been accepted for publication in the Journal of Legal Education.

Professor DeWolf published an article on the website “Lawdragon” on Sept. 10, 2007, on the subject of judicial elections: http://www.

faculty scholarship lawdragon.com/index.php/newdragon/fullstory/ the_view_from_washington/#.

Policy. Her article was also recently selected for inclusion with other notable articles about the First Amendment in the First Amendment Law Handbook (2007-08).

Professor DeWolf has completed a review of the book, Ten Tortured Words, by Stephen Mansfield, that will appear in the Denver University Law Review.

On September 18, 2007, Professor Engelken delivered the Constitution Day lecture for Gonzaga University on the topic of Civil Liberties & the War on Terror.

Professor DeWolf’s article (co-authored with John West and Casey Luskin), Intelligent Design Will Survive Kitzmiller v. Dover, was recently published in the Winter 2007 edition of the Montana Law Review, along with a rebuttal to a response to the article written by Professor Peter Irons.

On November 9, 2007, Professor Engelken spoke as an invited scholar on The Changing Landscape of IP Remedies after eBay, at the annual Intellectual Property Forum at the University of Akron School of Law.

Professor Helen Donigan Professor Helen Donigan, who was appointed to the Washington Supreme Court Task Force on Dissolution Procedures by Washington State Governor Chris Gregoire, was named interim chair of the task force by Washington State Supreme Court Chief Justice Gerry Alexander. The task force members made the appointment permanent at its first meeting in October. This group is charged with developing dispute resolution procedures, curriculum concerning domestic violence and sexual assault training, and standards for parenting evaluators, as well as a “first contact” program in dissolution proceedings.

Professor Engelken’s article, Opening the Door to Efficient Infringement: eBay, Inc. v. MercExchange, L.L.C., was published in the Akron Intellectual Property Journal in March 2008.

Professor Nadine Farid

publication, Best Practices for Legal Education.

Professor Gerry Hess Professor Gerry Hess has accepted an offer from the Washburn Law Journal to publish his article, Collaborative Course Design: Not My Course, Not Their Course, But Our Course.

Professor Holland gave a CLE presentation on July 20, 2007, on the issues of confidentiality and candor under the 2006 Washington State Rules for Professional Conduct, as part of a program sponsored by the Washington State Office of Public Defense.

Professor Hess’s article, What Helps Law Professors Develop as Teachers: An Empirical Study, was published in the fall 2007 issue of the Widener Law Review. The article was co-authored with Professor Sophie Sparrow of the Franklin Pierce Law Center.

On September 15, 2007, Professor Brooks Holland participated in a panel discussion at a CLE conference in Coeur d’Alene sponsored by the Idaho Association of Criminal Defense Lawyers. Professor Holland’s topic was Ethics: Mental Health and Criminal Defense Practice.

Gerry also has a book contract with Carolina Academic Press to write Teaching Law by Design: Engaging Students from the Syllabus to the Final Exam. Professor Hess will be collaborating with co-authors Professor Sophie Sparrow (Franklin Pierce) and Michael Schwartz (Washburn), and expects to complete the manuscript by the end of August 2008.

Professor Brooks Holland was a guest-blogger at Prawfsblawg (http://prawfsblawg.blogs.com) last June, and again in January 2008.

Professor Donigan spoke at a CLE entitled Thinking Legally and Strategically about Culture and Diversity and Their Effects on the Practice of Law, held at Gonzaga on October 18. Her subject was the Washington Domestic Partnership Act.

Professor Nadine Farid recently presented her paper, Rethinking the Moratorium on NonViolation Complaints under TRIPS, at the fifth annual Works in Progress Intellectual Property Colloquium sponsored by the Program on Information Justice and Intellectual Property at the Washington College of Law, American University, Washington, D.C. Professor Farid was invited to serve as a guest blogger on PrawfsBlawg, http://prawfsblawg.blogs.com, during the month of October. She posted her first entry on Tuesday, October 2.

Professor Sheri Engelken

Professor Gail Hammer

Professor Brooks Holland

On February 15, 2007, the Spokane Rotary Club hosted a debate between Professor Sheri Engelken and James McDevitt (the U.S. Attorney for the Eastern District of Washington) on the topic of The Right to Privacy v. The Right to Security During the War on Terror.

Professors Gail Hammer and Jim Celto Vaché have placed their article, A Conversation Between Friends: Adventures in Collaborative Planning and Teaching Ethical Issues in Representation of Children, for publication in the University of Missouri-Kansas City Law Review. The article will be part of a family law symposium edition.

Professor Brooks Holland published an article in The National Law Journal, August 1, 2007 edition, reviewing the Supreme Court’s 2006-07 criminal cases.

Professor Engelken’s article, Majoritarian Democracy in a Federalist System: The Late Chief Justice Rehnquist and the First Amendment, was published by the Harvard Journal of Law and Public

On October 13, Gail Hammer and Roy Stuckey of the University of South Carolina School of Law, presented at the Northwest Clinical Law Conference on clinical law and the recent

and the Washington State Defender Association, held in Vancouver, Washington.

Professor Hess has completed a revision of the Local Rules of the United States District Court for the Eastern District of Washington, bringing the rules into compliance with the 2003-2007 amendments to the Federal Rules of Civil Procedure. Professor Hess presented a plenary session on Collaborative Course Design at the Humanizing Legal Education Conference at Washburn University School of Law on October 20.

Professor Holland placed his article, Confidentiality, Candor & Zeal Under the 2006 Washington Rules of Professional Conduct, with the Gonzaga Law Review. On June 22, 2007, Professor Holland delivered a lecture on criminal defense ethics at a CLE program cosponsored by the Washington State Office of Public Defense

Also, on January 25, 2008, Professor Holland copresented an ethics CLE program with Professor Mary Pat Treuthart for the school’s Mission Possible program. The topic was the ethics of representing mentally ill clients in criminal cases.

Professor Joe Hnylka Professors Lisa Bradley and Joe Hnylka copresented on the topic A Three-Step Approach to Teaching Case Synthesis at the 2007 Northwest Regional Legal Research & Writing Conference: Teaching LR&W in Changing Times, held at Gonzaga on August 10, 2007.

Assoc. Dean of Academics Amy Kelley Amy Kelley’s note on Washington Indian Water Rights Settlements has been published in the Rocky Mountain Mineral Law Foundation Water Law Newsletter. (Volume XLI, #1).

Dean Earl Martin Dean Earl Martin’s article, Our Anti-Standing Army Tradition and the Separate Community Doctrine, recently published in the Mississippi Law Journal, was selected for an honorable mention in the 2007

faculty scholarship competition for the Kevin J. Barry Award for Excellence in Military Legal Studies, sponsored by the National Institute of Military Justice.

Professor Morrissey’s article, With Senior Fraud Rampant, Should the SEC Liberalize its Rules that Protect Investors? has been accepted for publication by The National Law Journal.

Professor John Maurice

Professor Dan Morrissey’s article, “The Path of Corporate Law in the 21st Century: Of Options Backdating, Derivative Suits, and the Business Judgment Rule,” has been accepted for publication by the Oregon Law Review.

Professor John Maurice’s article, A New Personal Limited Liability Shield for General Partners: But Not All Partners are Treated the Same, has been accepted for publication by the Gonzaga Law Review.

Professor Ann Murphy

Professor Jim McCurdy

Professor Ann Murphy has been a Fulbright Lecturer at the Central University of Finance and Economics in Beijing, China, since the fall of 2007. Professor Murphy is teaching a course on U.S. taxation.

Professor Jim McCurdy presented his paper, Professional Sports League: The Theory of the Commons, on September 27, 2007, at the Sports Law Scholarship and Teaching Colloquium at Marquette University Law School. The paper concerned the economic principles that underlie a sports league’s choice of devices to ensure that all costs and benefits are taken into account in decision-making and other matters.

The Central University of Finance and Economics is the leading state university in China in finance, management, and economics. Located in downtown Beijing, CUFE also boasts a renowned law faculty as well as eight other schools, six independent departments, more than thirty research institutions, a graduate school, and a school of international cultural exchange.

Professor McCurdy was a participant at Harvard’s PON Negotiation Pedagogy Workshop in December. Participants represented nearly all the continents of the world.

This wonderful opportunity for Professor Murphy is the result of a lot of hard work and effort on her part, and because of her reputation as a tax law expert.

Professor McCurdy will be teaching a class in international sports law at the University of San Diego School of Law summer program in London.

In December, Professors Ann Murphy and Mary Pat Treuthart gave a talk at the Central University of Finance and Economics in Beijing on the American jury system and the federal rules of evidence. Both professors followed this joint appearance with individual presentations to other Chinese universities. Professor Treuthart presented on our Bill of Rights at the Chinese University of Political Science and Law, and Professor Murphy delivered two guest lectures at Wuhan University School of Law in Wuhan, China. Professor Murphy’s talks were on U.S. international taxation and U.S. tax procedure.

Professor Daniel Morrissey Professor Dan Morrissey made a roundtable presentation to the faculty at Fordham Law School on June 20 on the history of law schools at Jesuit universities. Professor Dan Morrissey’s article, Piercing All the Veils: Applying an Established Doctrine to a New Business Order, was published in the University of Iowa College of Law’s Journal of Corporation Law. Professor Morrissey’s article, American Catholics in the Precarious New Gilded Age, has been accepted for publication in America magazine, a Jesuit sponsored journal of contemporary affairs.

Professor Murphy also gave two lectures at the law school at Nanjing University of Science and Technology in Nanjing, China. Professor Murphy

spoke on U.S. tax and evidence law, and both lectures were attended by approximately 150 students.

conference will be published in the Chicago Kent Law Review in Volume 83. Professor Rusch was one of three co-organizers for the symposium.

Professor Ann Murphy’s article, Please Don’t Bury Me Down in that Cold, Cold Ground: The Need for Uniform Laws on the Disposition of Human Remains, has been accepted for publication by the Elder Law Journal (University of Illinois College of Law).

On May 13 through 16, 2007, Professor Rusch attended the American Law Institute annual meeting and participated in discussions concerning the principles of software contracting and the Restatement of Restitution. Professor Rusch was also reappointed by the ALI Council to a one-year term on the Permanent Editorial Board of the Uniform Commercial Code.

On July 18, 2007, Professor Ann Murphy was interviewed for the radio show “Elder Law Forum” on the issue of the disposition of human remains (the subject of her most recent law review article). This show is part of a public service program presented by the University of South Dakota School of Law.

Professor Rosanna Peterson On October 18, 2007, Professor Rosanna Peterson spoke at the Washington State Bar Association’s CLE on diversity. Her subject was titled, Thinking Legally and Strategically about Culture and Diversity. On November 7, Professor Peterson spoke at the WSBA CLE for new bar admittees. The title of her speech was The Real Story about Client Relationships.

Professor Linda J. Rusch In March 2007, Professor Rusch attended the ABA Business Law Section spring meeting, chaired the section’s Council Committee on Member Services, and received the section’s Jean Allard Glass Cutter award for outstanding contribution to the profession and the ABA Business Law Section. On April 27, 2007, Professor Rusch moderated three panels on payments issues and presented a paper entitled, Reimagining Payment Systems: Allocation of Risk for Unauthorized Payment Inception, at the symposium on Rethinking Payments Law. The symposium was sponsored by the Federal Reserve Bank of New York, Brooklyn Law School, Columbia Law School, Hofstra University School of Law, New York University School of Law, and St. John’s University School of Law. Final papers from the

On May 18 through 19, 2007, Professor Rusch attended the spring planning meeting of the ABA Standing Committee on CLE as the liaison to that committee from the ABA Standing Committee on Publishing Oversight. In May, Professor Rusch completed work on four Thomson/West publications on Selected Commercial Statutes for classroom use in teaching commercial law. On June 1, Professor Linda Rusch co-presented with Professor Stephen Sepinuck at the Washington State Bar Business Law Section mid-year meeting on Commercial Law Developments. Additionally, on June 15 and 16, Professor Rusch made two presentations on the UCC and bankruptcy law at the 17th Annual Bankruptcy Seminar and Retreat for the Bankruptcy Bar Association for the Eastern District of Washington. Professor Rusch presented on the topic The Future of Payments Law at the August ABA annual meeting in San Francisco as part of a panel on Electronic Payments Systems - The Death Knell for UCC Article 4 or a Clarion Call for Modernization? At that same meeting, she chaired the ABA Business Law Section Council Committee on Member Services, and attended the section’s council meeting. Professor Rusch completed work on three 2008 Supplements (UCC Article 2, UCC Article 7, and UCC Revised Article 7) for the Hawkland Uniform Commercial Code Series treatise published by Thomson/West. The supplements were published in December 2007.

faculty scholarship In September 2007, Professor Rusch participated in two meetings of the American Law Institute Members Consultative Group on the principles of software contracting and on the Restatement (Third) of Restitution and Unjust Enrichment, and offered written comments on the drafts to the reporters.

was officially nominated to the position of Secretary of the Section. The section secretary’s term commences in August 2008, and places Professor Rusch on the path to become chair of the ABA Business Law Section in four years. In January 2008, Professor Rusch presented a CLE on commercial law developments at Aiken, Siljeg & St. Louis, in Seattle.

In October 2007, she also participated in two ABA meetings for the Standing Committee on CLE and the Standing Committee on Publishing Oversight.

In February 2008, Professors Rusch and Sepinuck entered into a publishing contract with Thomson/ West for a new casebook on Commercial Transactions (Sales), A Problem Approach, with a teacher’s manual. Publication is slated for early spring 2009.

In October, 2007, Professors Linda Rusch and Stephen Sepinuck published the first edition of a casebook titled Problems and Materials on Bankruptcy Law and Practice (Thomson/West) and the accompanying teacher’s manual. In November 2007, Professor Rusch attended the fall meeting of the Permanent Editorial Board of the Uniform Commercial Code as an ALI representative and as a member of the executive committee of that board.

In March 2008, Linda participated as a panel moderator at a two-day conference on Globalizing Secured Transactions Law, cosponsored by the Thomas Jefferson Law School in San Diego, the ABA Business Law Section, the State Bar of California Section on Business Law, the State Bar of California Section on Business Law, and the Center for Global Legal Studies.

Professors Linda Rusch and Stephen Sepinuck completed a number of CLE programs over the last year. A three-hour program on commercial law developments was held at Gonzaga Law School on November 30. Professors Rusch and Sepinuck then conducted a five-hour CLE program for the Seattle office of the Lane Powell law firm on December 6, and a ninety-minute program on commercial law developments for the firm Stoel Rives on December 7, 2007. The latter program took place in the firm’s Seattle office but was also broadcast to attorneys in the firm’s offices in Minneapolis, Portland, and Salt Lake City.

During this past year (April 2007 to April 2008), Professor Rusch served as vice-president of the American College of Commercial Finance Lawyers, after finishing her previous two-year term as treasurer of the organization. In April 2008, she was elected to serve as president-elect.

Professor Stephen Sepinuck Problems and Materials on Bankruptcy Law and Practice (Thomson/West 2007), a new course book authored by Professors Stephen Sepinuck and Linda Rusch, was published in the fall.

During 2007, Professor Rusch completed work on the February, May, and August 2007, issues of The Business Lawyer, and thus has concluded her two and a half year term as faculty editor of that publication.

Professor Sepinuck continues to publish periodic, electronic updates to Problems and Materials on Secured Transactions (Thompson/West 2006) and its accompanying teacher’s manual.

During the ABA Business Law Section midwinter leadership meeting in January 2008, Professor Rusch facilitated several group meetings on strategic planning for the section, chaired a meeting of the Council Committee on Member Services, cochaired and co-facilitated a leadership development workshop for the section’s committee chairs, and

The latest editions of Professor Sepinuck’s Spotlight column appeared in the July and December publications of the joint newsletter of the UCC and Commercial Finance committees

of the ABA. Another special holiday edition was distributed electronically in late December. The columns discuss erroneously analyzed commercial law cases. A copy of each column is available on the Gonzaga Commercial Law Center’s website.

also broadcast to attorneys in the firm’s offices in Minneapolis, Portland, and Salt Lake City.

Professor Kevin Shelley Professors Kevin Shelley and Cheryl Beckett organized the 2007 Northwest Regional Legal Research & Writing Conference: Teaching LR&W in Changing Times, held at Gonzaga on August 10, 2007. Twenty-four LR&W professors from Gonzaga, Seattle University, the University of Washington, the University of Oregon, Lewis & Clark, and the University of Idaho attended this day-long conference. Participants presented on several topics ranging from developing mission statements for LR&W teachers to teaching legal writing in Uganda, Kenya, and South Africa.

On March 17, Professor Sepinuck co-presented a two-hour program on Negotiating and Drafting Contractual Boilerplate, at the spring meeting of the Business Law section of the ABA. Around the same time, Professor Sepinuck completed editing the secured transactions and sales components of the Annual Survey of Commercial Law, published in The Business Lawyer. Professor Stephen Sepinuck attended the annual meeting of the American Law Institute during the week of May 14, at which he offered comments on Tentative Draft No. 5 of the Restatement (Third) of Restitution and Unjust Enrichment. On September 29, Professor Sepinuck was in Boston to participate in an all-day meeting of the members consultative group for the Restatement (Third) of Restitution and Unjust Enrichment.

Professor Shelley is currently serving as an associate editor for the Journal of the Legal Writing Institute for the 2006 – 2008 term.

Professor Buck Sterling Professor Buck Sterling took over as president of the Western Pacific Chapter of the American Association of Law Libraries at the conclusion of their October conference in Honolulu. Prior to that, as vice-president, Professor Sterling was responsible for organizing and running the educational program at the October meeting. Among the topics presented were how to research in various Asian legal systems, protection of indigenous knowledge, a historical legal overview of Hawaii, and the future of the library catalog.

On June 1, Professor Stephen Sepinuck copresented with Professor Linda Rusch at the Washington State Bar Business Law Section midyear meeting on commercial law developments. In October, Professor Sepinuck conducted a three-hour CLE program on commercial law developments for the finance and restructuring group of the law firm of Paul, Hastings, Janofsky and Walker. The previous day, he conducted a four-hour workshop on credit agreements for the firm’s associates.

Professor Sterling also published a short book review in the summer of 2007: Columbia: The Magazine of Northwest History, (reviewing Peter Donahue, Madison House: A Novel, at 46, (2006)).

Professor Sepinuck also teamed up with Professor Linda Rusch for other recent CLE programs. They presented a three-hour program on commercial law developments at the law school on November 30. They then conducted a five-hour CLE program for the Lane Powell law firm on December 6 and a ninety-minute program on commercial law developments for the firm of Stoel Rives on December 7. The latter program took place in the firm’s Seattle office, but was

Professor Mary Pat Treuthart In December, Professors Mary Pat Treuthart and Ann Murphy gave a talk at the Central University of Finance and Economics in Beijing, China, on the American jury system and the federal rules of evidence. Professor Treuthart also presented

class action

faculty scholarship Professor Vickie Williams

on our Bill of Rights at the Chinese University of Political Science and Law.

organizations. Bryan Harnetiaux is the playwrightin-residence at Spokane Civic Theatre and an adjunct professor at GU Law.

On June 1, 2007, Professor Vickie Williams presented her work in progress on the financing mechanisms of the Medicare Part D prescription drug benefit at the American Society of Law, Medicine, and Ethics’ Annual Health Law Professors Conference at Boston University School of Law. Professor Williams also served as the moderator of a panel discussion at the conference entitled Torts, Clawbacks, and Anatomical Gifts.

Professor Mary Pat Treuthart’s article, A Perspective on Teaching and Learning Family Law, has been published in volume 75 of the University of Missouri-Kansas City Law Review. On January 25, 2008, Professors Treuthart and Holland presented an ethics CLE program at the law school for Gonzaga’s Mission Possible program. The topic was the ethics of representing mentally ill clients in criminal cases.

Professor Vickie Williams’ letter was published in the prestigious health policy journal, Health Affairs. The letter, titled Concierge Medicine and the Legal Standard of Care, appeared in the November/December edition of the journal.

Professor Jim Vaché Professors Jim Celto Vaché and Gail Hammer have placed their article, A Conversation Between Friends: Adventures in Collaborative Planning and Teaching Ethical Issues in Representation of Children, for publication in the University of Missouri-Kansas City Law Review. The article will be part of a family law symposium edition.

Professor Williams has been invited to speak at the 2008 national conference of the American Health Information Managers Association regarding health care fraud and abuse, and automated coding systems.

Professor Larry Weiser

Professor Williams will also be speaking on a panel at the American Society of Law, Medicine, and Ethics’ Health Law Teachers Conference in June 2008. The meeting will address constitutional issues and federal health care programs.

Professor Larry Weiser’s article, Adding Injury to Injury: Inadequate Protection for the Property of Tenants During Eviction and the Need for Reform, has been accepted for publication by the Loyola University Chicago School of Law’s Consumer Law Review.

Professor Williams’ article, The Healthy Washington – Blue-Ribbon Process, Red-Herring Result, has been accepted for publication by the Fordham Urban Law Journal.

On June 7, Professor Weiser participated on a panel discussing the future of legal issues affecting vulnerable adults. The panel was part of the Vulnerable Adult Links United Summer Summit that was sponsored by the law school, University Legal Assistance, the Washington State Attorney General’s Office, and Aging & Long Term Care of Eastern Washington.

Yakima County Superior Court Judge James Hutton (’76) has been appointed to succeed the late Michael Leavitt as U.S. Magistrate Judge in the Eastern District of Washington. Hutton said his appointment by the district’s federal judges represents an exciting opportunity. “I’m honored to have the chance to do that job following in Mike’s footsteps,” Hutton said.

Above: Justice Dietzen being sworn into the Minnesota Supreme Court

Palmer Foret (’77) has been selected by the Washingtonian Magazine as one of Washington D.C.’s best lawyers, an honor bestowed yearly on a small number of D.C. attorneys. Palmer was named in plaintiff personal injury law. He continues to be named in The Best Lawyers in America in the specialties of Medical Malpractice and Personal Injury Litigation. Palmer Foret’s practice is The Law Firm of L. Palmer Foret, P.C.; he can be reached at (202) 332-2404, or lpforet@forthelaw.com, www. forthelaw.com.

1970s U.S. Attorney Jeffrey C. Sullivan (’71) was appointed to serve as U.S. Attorney effective October 12, 2007, after serving as the interim U.S. Attorney since January of last year. “I am gratified by the confidence the U.S. District Court judges have in my leadership,” Sullivan said. “I am honored to lead what is recognized as one of the finest U.S. Attorney’s Offices in the country.” Prior to his work with the government, Jeff was a sole practitioner.

Richard Kayne (’77), presiding judge of the Medical Lake Municipal Court, was awarded the Judge Bob Jones Memorial Award for significant contributions to judicial education, at the 2007 American Judges Association Annual Conference held in Vancouver, B.C. September 24 through 29. Judge Kayne was dean of the 2007 Washington State Judicial College and serves on the faculty of the state and national judicial colleges. Judge Kayne lectures internationally on domestic violence, constitutional criminal law, sentencing, and judicial ethics.

Justice Chris Dietzen (’73) was recently appointed to the Minnesota Supreme Court by Governor Tim Pawlenty. Justice Dietzen previously served as a judge with the Minnesota Court of Appeals from 2004 to 2008, and was a member of the firm Larkin Hoffman Daly & Lindgren Ltd., in Bloomington Minnesota from 1978 to 2004. Justice Dietzen received both his undergraduate and his law degree from Gonzaga.

Gonzaga University honored four of its outstanding graduates earlier this month with the 2007 Distinguished Alumni Merit Awards. GU Law grad John Holleran (’79) was recognized for his service and contribution to his family, career, peers, and community. John is senior vice president, general counsel, and corporate secretary for Itron, Inc. in Liberty Lake, Washington, and also worked for twenty-seven years in the legal department of Boise Cascade Corp. He is a member of the Washington, Idaho, and California state bar associations and the American Corporate Counsel Association.

“VESTA,” a play about difficult end-of-life issues written by 1973 law alum Bryan Harnetiaux, was performed from January 18, through February 3, at the Capitol Hill Arts Center in Seattle, Washington. Harnetiaux began writing the play more than a decade ago and gained inspiration and wisdom from the late poet Theodore Roethke’s poem titled “The Waking,” which is woven into the play. The ninety-minute play examines an ordinary family’s struggle with end-of-life issues. “VESTA” has been embraced by numerous hospice care and end-of-life

On October 26, Professor Weiser was coprogram chair of the 2007 Inter-County Guardian Ad Litem Training sponsored by the Spokane County Bar Association and the King County Bar Association. Professor Weiser also presented on the Vulnerable Adult Statute.

Harold Delia, administrative consultant for Superior Court, called Hutton a great judge and a good guy. “He brought balance and experience to the court,” Delia said.

class action including the successful defenses of Joseph “Jojo” Andrews in a capital murder case and Wallace Jones, Spokane’s first “mercy killing” case. Curtis joined Winston & Cashatt in 1996 after beginning his career at the Spokane County Public Defender’s Office in 1981. Curtis has been a WACDL member since 1987. He is also a board member of the Washington Defenders Association and Junior Achievement.

John has been a member of the GU School of Law Board of Advisors since the 1990s, and also served as president. He was instrumental in securing private donations to help pay for construction of the new law building, completed in 2000. Through his expertise and vision, John also helped formulate a strategic plan for the law school to ensure its continued commitment to graduating knowledgeable, compassionate, and caring legal professionals. “I remember how several of my mentors during my youth would tell me that Gonzaga offered its students a phenomenal education and atmosphere,” he recalled. “And now, looking back on it all, I couldn’t agree more.” St. George, Utah, attorney V. Lowry Snow (’79) was sworn in as the new president of the Utah State Bar by Utah Supreme Court Chief Justice Christine Durham, as Above: LTC Charles Grinnell, with 2005 graduate Hunter Abell at part of the Bar’s annual convention held in Sun Valley, the crossed swords monument near the edge of the Green Zone in Idaho. Snow is a founding partner of Snow Jensen & Baghdad. Reece, where his practice areas include real estate law, civil litigation and land use planning. He is also a certified mediator. Snow serves on two Utah Supreme and is an elected member of the Governing Council of the Court committees, one on professionalism and another that International Institute for the Unification of Private Law in examines resources for those who represent themselves in Rome. He has been a visiting professor at universities in legal disputes. He also served as the past president of the Australia, Japan, Italy, Finland, and Malaysia, and he also Southern Utah Bar Association in 1985. Snow was admitted lectured at other universities in Austria, Belgium, China, to practice in the state of Utah in 1979, and currently holds England, Korea, New Zealand, Spain, and Vanuatu. He was the memberships in the Utah State Bar and the U.S. District Court, national reporter for the revisions of the Uniform Commercial District of Utah. Code articles on sales and leases and the chair of the drafting committee on the article on documents of title. He is an elected Commenting on Snow’s credentials, John Baldwin, Executive member of the American Law Institute and was chair of the Director of the Utah State Bar said, “Lowry Snow is a great American Bar Association Business Law Section Committee lawyer, a consummate gentleman, and a visionary leader. on Sales Law from 1992 to 1996. After receiving his J.D., Gabriel He is well respected in the legal community and will be an earned his LL.M. from the University of Pennsylvania. His areas outstanding president.” of expertise are domestic and international commercial law, contracts, international commercial arbitration, and federal appellate advocacy. You may contact Henry Gabriel through Rachel Ritter at (504) 861-5448 or rhritter@loyno.edu.

1980s

Internationally recognized expert in commercial law, Henry Deeb Gabriel (’80), DeVan Daggett Professor of Law at Loyola University New Orleans, was awarded a Fulbright Scholar distinguished lectureship on international trade law at Portuguese Catholic University, Lisbon, Portugal, for the fall 2007 semester. Gabriel lectured on international trade law and worked on writing a book on comparative sales law.

Longtime defense attorney Kevin Curtis (’81), a principal with the law firm of Winston & Cashatt, has been named president of the Washington Association of Criminal Defense Lawyers (WACDL), a statewide association of more than 1,000 attorneys. Curtis, who has previously served on WACDL’s Board of Governors, has more than twenty-five years of experience representing defendants in state and federal court. He has handled many of Spokane’s high-profile criminal cases,

Gabriel serves as a delegate from the United States to the United Nations Commission on International Trade Law

LTC Charles Grinnell (’81), M LTC RES USAR USARC, GU Law class of 1981, has been mobilized for his third tour of duty in Iraq. He was initially assigned as the Chief Magistrate in the Magistrate Cell of Task Force 134. He supervised a staff of over forty-five lawyers and support personnel reviewing every incoming detainee’s case and determining if they should be released, forwarded for criminal prosecution, or held as a security detainee pursuant to United Nations Security Council Resolution 1546. He is the only JAG ever charged with supervising all three major legal components of Task Force 134 Legal, and is specifically charged with supervising an office of over fifty soldiers and support team members responsible for entering the “Red Zone,” and the presentation of evidence against foreign fighters, Al Qaeda terrorists, and Iraqi insurgents in the Central Criminal Court of Iraq. He has lectured about and been interviewed on his experiences in Iraq and is a recognized expert in counter-terrorism, corruption, and the rule of law. Charles may be reached at charles.grinnell@us.army.mil. James G. Fausone (’81), a partner of Fausone Bohn, LLP, Northville, was recently selected to receive the University of Michigan College of Engineering, 2007 Alumni Society Distinguished Service Award. John R. Dudley (’82) has joined the U.S. Department of Energy as an attorney. His work focuses on government James G. Fausone contracts, litigation, real estate, EEO, ethics, and human resources. Prior to joining the DOE in Richland, Washington, he was in private practice from 1987 to 2006.

Littleton, Colorado, Assistant City Attorney, Brad Bailey (’83), received the IMLA (International Municipal Lawyers Association) Amicus Service Award at the organization’s mid-year seminar in Washington, D.C. on April 14, 2008. “This award is a new distinction, and seeks to recognize lawyers who have been actively involved in legal advocacy for and on behalf of local governments and IMLA, and who have done exemplary work to protect and advance local government interests,” said IMLA Associate Council Devala Janardan. IMLA is a non-profit organization dedicated to advancing the interests and education of local government lawyers. Brad has authored a number of amicus briefs on behalf of the IMLA and is a member of the Amicus Committee of the Colorado Municipal League, and is currently president of the Colorado Municipal Attorneys Association. Class of 1983 law graduate Janine Sarti is now the general counsel at Palomar Pomerado Health District, California’s largest public health district, serving the counties of South Riverside and North San Diego. Charles E. Maduell (’85) has been named as a partner in the Seattle firm of Davis Wright Tremaine LLP. Charles practices in the areas of real estate/land use and litigation. “These individuals represent our best,” said firmwide managing partner David C. Baca. “They are committed to helping their clients succeed and have made significant contributions to our firm and their communities. We are honored to have them as partners.”

1990s Jon Benson (’92) was recently named executive director of the Oregon Board of Bar Examiners. Previously, Jon practiced in several civil litigation firms in Portland, Oregon. He also worked as a staff attorney for legal aid programs in New Mexico and Oregon. Jon and his spouse, Wendy Bunch, both graduated cum laude in 1992. They have three children and numerous dogs, cats, and chickens. You can reach Jon at jbenson@osbar.org. Alan C. Brown (’93) was recently made president elect of the 600-member Orange County Trial Lawyers Association, headquartered in Laguna Hills, California. Alan is a 1993 graduate of the law school, and is a partner in the firm of Day, Day & Brown in Tustin, California. His practice focuses on

class action

Above: Alan C. Brown; Above Right: Tracie Lindeman; Right: Christopher J. Wright medical malpractice and personal injury cases. Alan will assume the office of president of the association in January of 2009. 1993 law grad Melissa Hauer was recently hired by the North Dakota Insurance Department as general counsel and special assistant attorney general. In her position Melissa is responsible for the legal affairs of the department, providing general counsel, representing the department in litigation, and assisting with legislative affairs. Prior to joining the insurance department, Melissa served for eight years as the director of the Legal Advisory Unit of the North Dakota Department of Human Services working mainly in health care law. Prior to that, Melissa was in private practice as an associate attorney with Wheeler Wolf. Melissa was admitted to the Washington State Bar in 1993, and the North Dakota State Bar in 1994. Melissa and her husband, Darren Silbernagel, live in Bismarck, ND, and have two children.

On January 8, 2008, Tracie K. Lindeman (’93) was sworn in as the Supreme Court of Nevada’s sixteenth Clerk of the Court. In this position, Tracie is responsible for overseeing the Supreme Court’s case docket; she also reports the decisions for all cases decided by the Court. Tracie supervises both attorney and non-attorney court employees. Tracie attended Gonzaga University School of Law as a Thomas More scholar and graduated in 1993. Prior to her appointment as clerk of the court, Tracie served as supervising attorney for the capital case team. Christopher J. Wright (’93) has joined the law firm of Lukins & Annis, P.S. as a partner. Chris graduated cum laude in 1993, and has fifteen years experience including work in private practice and as corporate counsel for the Metropolitan Creditors’ Trust. Chris’s practice at Lukins & Annis will focus on commercial and real estate transactions, loan documentation and foreclosure, sales of receivables, and structured settlement transfers. He is admitted to practice in Washington and Idaho. Beverly A. (Hallett) Benka (’94) has been appointed Clerk of Court for the U.S. Bankruptcy Court for the eastern district of Washington. She previously served as staff attorney for the Chapter 13 Trustee for the eastern district of Washington. Her contact information is: beverly_benka@waeb.uscourts.gov. Brett M. Tolpin (’96) joined the IP law firm of Olson & Cepuritis, Ltd. in Chicago. Brett previously was with Welsh & Katz, Ltd. Brett can be contacted at: btolpin@olsonship. com.

Matthew Wolkofsky (’96) has been appointed to the board of directors of the Embrace Kids Foundation. Embrace Kids is a non-profit organization that provides funding for a variety of services for children with cancer or blood disorders. Paul Schlossman (’97) presented a speech at the Washington State Legislature’s joint legislative session Hunter Abell on January 9, 2008. The speech was on the governance of the Port of Seattle, and one of the highlights of the speech was how the fiduciary norm as taught by GU law school professor Michael McClintock (utmost good faith, fair dealing, and full disclosure), may apply to the Port. Michael Johnston (’98) has been a lead staff attorney at the Washington Court Commissioner’s Office for the past year. His work includes screening petitions for review and motions for discretionary review, drafting rulings and per curiam opinions, and training new law clerks. This is the third appellate court that Mr. Johnston has worked for. He previously clerked at Divisions II and III of the Washington Court of Appeals. Before joining the Supreme Court, he was an assistant attorney general in Olympia defending state employees and agencies against tort lawsuits.

2000s Janaé Ball (’00) has been hired by the Spokane office of K & L Gates. Her practice focuses on employment law and drafting trial motions, discovery and legal memoranda, and advocating in a variety of court hearings. Janaé clerked for the Spokane County Prosecuting Attorney’s Office where she tried felony cases, and interned for a law firm in California. She also worked for the International Foundation for Election Systems in Washington, D.C. In May of 2007, Anna Blaine (’01) was awarded a Masters of Library Science by Southern Connecticut State University, along with the Lynda Moulton Award for Outstanding Student in the Special Library Program. In January she began work as a reference librarian at New York Law School in New York, NY.

Brett Tolpin

After six-and-a-half years at Northwest Justice Project, ’01 graduate Jason T. Vail has relocated to Chicago to work for the Sargent Shriver National Center on Poverty Law. Jason has worked as a part-time staff attorney-legal editor for Clearinghouse Review, a legal journal of poverty law and policy published by the Shriver Center, and is planning on expanding his role at the Center to work on ways to bring the Review fully into the “Internet Age,” thereby expanding its reach to legal aid advocates everywhere. He may be reached at jasonvail@povertylaw.org. 2005 graduate and former SBA president, Hunter Abell was sent to Iraq with the U.S. Navy Judge Advocate General’s (JAG) Corps last October. He is at the U.S. Embassy in Baghdad and is working with the Central Criminal Court of Iraq (CCCI) Liaison Office helping prosecute terrorists before Iraqi judges. He also works closely with the International Committee of the Red Cross (ICRC) to increase procedural due process for the detainees brought before the court. His time in Baghdad overlapped with LTC Charles Grinnell, and the fellow “Zag JAGS” joked about establishing the Gonzaga Law School Alumni Association, Baghdad Chapter. Hunter notes that “between the terrorists, the Red Cross, and incoming mortar rounds, there’s never a dull moment here in the Green Zone.” Hokyeom Kim (’06) is working as an international lawyer and foreign legal consultant in the Pureun International Law Firm in Seoul, Korea. The firm engages in banking and financing, foreign investment, corporate, debtor-creditor, tax, international business transaction and logistics, admiralty and maritime, and intellectual property law. GU Law 2007 graduate Jill Conrad has recently been hired by Stamper Rubens, P.S.

in memoriam

Do you know where your will is?

The Gonzaga University School of Law extends its deepest condolences to the families and friends of the following alumni and friends. Adolph Lund “Duff” Harstad, J.D. 1983

Laurence B. Ryan, J.D. 1959

Reginald K. “Reg” Cullitan, J.D. 1982

Otto Henry Bjerke, J.D. 1956

Gordon Lee Bovey, J.D. 1965

Carl Diana, J.D. 1953

Thomas Dempsey, J.D. 1963

Tim Healey, J.D. 1950

Making Sure Others Know Where Your Will is Located Is As Important As Making One.

On average, a person works more than 40 years to accumulate assets and spends 10 years conserving what has been earned, but does not spend even 2 hours to plan for the distribution of those assets. The chaos that often occurs following a death can be burdensome. A key element of proper planning is the implementation of an estate plan. The Gonzaga School of Law is offering a helpful booklet entitled Planning for the Future: A Guide to Wills and Trusts to organize family, personal, financial, will and trust information into one document. Then the important reminder… make sure your loved ones and/or personal representative is aware of the contents and its location!

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. 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 99220-3528 Fax: (509) 313-5744 Or send an e-mail to: nfike@lawschool.gonzaga.edu

Call or e-mail us for a complimentary copy of the Planning for the Future booklet today at 800-388-0881, 509-313-6141 or plannedgiving@ gonzaga.edu. Please remember the ‘Corporation of Gonzaga University’ and/or ‘Gonzaga Law School Foundation’ in your estate planning. Thank you!