Summer 2009 Lawyer

GONZAGA

LAWYER SCHOOL OF LAW

t

SINCE 1912

SUMMER 2009

Power of Attorney: Developing a New Curriculum Currans Endow Chair in Legal Ethics and Professionalism

GONZAGA

LAWYER SUMMER 2009 Dean Earl F. Martin

Table of Contents

Managing Editor Nancy Fike

Features:

Contributing Writers Nancy Fike Linda McLane Christianna Sharman Mark Wilson Project Manager Dale Goodwin Senior Copy Editor Susan Bowen Graphics Editor Pat Skattum Photographers Brooke Ellis Nancy Fike Jeff Geldien Jennifer Raudebaugh Shane Young Photography Hanne Zak Corrections: Please note that due to an error we misspelled Jim Newman’s name in the last edition of the Gonzaga Lawyer; we apologize for the error.

Mr. Michael D. Lynch, class of ’85, was omitted from the Honor Roll of Donors for 2007-08 in the Fall 2008 Gonzaga Lawyer Magazine. His donation should have been included in the “Law Society $100-$249” category. We sincerely regret our error.

The Gonzaga 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.

Message from

Power of Attorney: Developing a New Curriculum . . . . . . . . . . . . . . . . . . . . 4 Currans Endow Chair in Legal Ethics and Professionalism . . . . . . . . . . . . . . . . 6

Departments: Message from the Dean . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In the News . . . . . . . . . . . . . . . . . . . . . . .

2009 LRAP Awarded to Four Students . . . . . .

Kenneth W. Starr, William O. Douglas Lecturer .

Luvera Lecture . . . . . . . . . . . . . . . . . . .

Colville Tribal Court of Appeals . . . . . . . . . .

Congratulations to our December Graduates . .

Gerry Hess. . . . . . . . . . . . . . . . . . . . . .

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Life in the Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Clinic News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Summations: Student News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Faculty Scholarship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Class Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Rising Stars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Alumni Events . . . . . . . . . .

Phoenix Alumni Reception .

San Diego Alumni Reception Portland Alumni Reception .

Olympia Alumni Reception .

Las Vegas Alumni Reception

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In Memoriam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

the

Dean

In the fall 2007 version of this message I told you about the strategic planning process that the law faculty completed in the spring of that year. At that time I informed you about our development of a new enrollment strategy, our plans for a new alumni outreach effort, and our commitment to develop new programs like the now phenomenally successful Center for Commercial Law. In that same message I noted that the law faculty had also decided to engage in an extensive curriculum review and reform effort. When I wrote those words I did so with some trepidation as curriculum reform in academic institutions has occasionally been known to be less than a pleasant experience. I am happy to report that my anxiety was misplaced.

In this issue of the Gonzaga Lawyer we highlight the exciting changes in our curriculum that were adopted by the law faculty in May of 2008. The 1L class that will arrive on campus this August will be the first group of students to take advantage of this new curriculum.

The changes we have adopted touch on every year of our course offerings. The first year curriculum, often the hardest part of any law school program to change, was revised in ways that upended decades of practice at the school and will expose our students at the very beginning of their education to the skills and professional values they will need to practice law. The second year curriculum will see a major reorganization of the legal research and writing courses, while the third year will include a requirement that all of our students earn three credits in either the clinic or through the externship program.

Each change to our curriculum was adopted in order to serve the goals of improving our students’ acquisition of the substantive knowledge and legal skills they will need to be competent advocates, and to inculcate them with the professional values that will make them ethical advisors for their clients.

Accomplishing these goals will, in turn, help the institution ensure that it is delivering on its mission promise to provide its students with an excellent legal education informed by our humanistic, Jesuit, and Catholic traditions and values.

I cannot say enough about the vision and leadership shown by our faculty in adopting these revisions to our program of legal education. At the outset of the effort I anticipated that it would take us anywhere from eighteen to twenty-four months to complete the review. As it happens, the entire process took just twelve months and the final result reflected feedback that had been gathered from students and alums, as well as the considered judgment of the law faculty.

I am sure it is apparent by now that I am very proud of what we have accomplished with these revisions to our curriculum. This is certainly the most significant thing to happen since I became dean of this institution and I anticipate that we are going to experience a qualitative leap forward in the education our students receive as we roll out this new course of instruction.

Dean Earl Martin Gonzaga University School of Law

Visit our homepage at www.law.gonzaga.edu

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“I’m very happy with what we did and where we ended up. Student feedback has been very positive.”

That’s not the end of it, though.

“It will evolve. I have no doubt we’ll get even better.”

~ Gerry Hess, professor of law, co-director of the Institute for Law Teaching & Learning, and chair of the curriculum review committee.

power of attorne y

DEVELOPING

By Christianne Sharman

a new curriculum

When you’re known for providing an excellent legal education that produces skilled and compassionate advocates — as Gonzaga School of Law is — conventional wisdom would say “stay the course.”

But that’s not the Gonzaga way. A law school of Gonzaga’s caliber maintains its stature not by replicating success but through regular, rigorous self-examination aimed at even higher levels of achievement. That explains why, in 2007 and 2008, the law school underwent a comprehensive, facultydriven curriculum review and reform.

“We’re trying to do more with legal education than is traditional,” explains Gerry Hess, professor of law, co-director of the Institute for Law Teaching & Learning, and chair of the curriculum review committee.

“Gerry is nationally respected as an authority on legal education,” says Earl Martin, Gonzaga’s dean. “He is consulted by other schools, and he is a leader in our school.”

The nine-member curriculum committee did their homework, consulting three seminal books on the subject; a number of reports, studies, and surveys; and many interested constituencies such as the alumni board of advisors, students, and others.

This inclusive, efficient, and effective process identified a gap in legal education nicely closed by a curriculum intensely focused on professionalism and ethical values, within the context of practical legal skills.

Hess says the committee’s work revealed law schools could do a better job of turning out lawyers ready to practice.

This concern has become even more pressing as firms devote less time to training and mentoring.

“The practice of law is becoming more of a business,” Martin explains. “Firms attach economic value to on-the-job training and that can get squeezed at the margins when firms cut costs.”

In May of 2008, Gonzaga answered the call by adopting a new curriculum that gives students sufficient knowledge and experience “to get a better sense of what it means to be a lawyer,” Hess says. “If we don’t provide that, they’ll get it somewhere else.”

At Gonzaga, that sense will come largely from three sources. First, the faculty will continue to provide a firstclass education in the substantive law and procedure that a student needs to become a lawyer.

Second, the curriculum will require fifteen credits of skills training spread across all three years of the program. These credits will consist of eight hours of legal research and writing, four credits of skills training in the first year, and a requirement that all students take three credits in their third year in either the clinic or the externship program.

Third, the values and habits that underlie professionalism will be more intensely reflected in the law school’s curriculum. Of particular note will be the two new skills and professionalism labs in the first-year curriculum that will challenge students to struggle with professionalism issues while learning both litigation and transactional practice skills.

According to Hess, this union of acquiring substantive knowledge, practical skills, and professional values effectively realizes the faculty’s vision for Gonzaga’s future.

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GONZAGA’S REVISED FIRST YEAR CURRICULUM FALL

SPRING

Civil Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Torts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Perspectives on the Law . . . . . . . . . . . . . . . . . . . . . 3 Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Legal Research & Writing . . . . . . . . . . . . . . . . . . . . . 2

Legal Research & Writing II. . . . . . . . . . . . . . . . . . . 2

Litigation Skills & Professionalism Lab . . . . . . . 2 Transactional Skills & Professionalism Lab . . . 2 First year program enhancements: Addition of a 2-credit Litigation Skills & Professionalism Lab Addition of a 2-credit Transactional Skills & Professionalism Lab Reduction of 5-credit doctrinal classes (Civil Procedure, Contracts, Property, Torts) to 4 credits 4-credit doctrinal courses offered in a single semester, rather than two semesters Addition of 3-credit Perspectives on the Law course

GONZAGA’S REVISED SECOND YEAR REQUIRED COURSES

Constitutional Law I (Governmental Structure). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Constitutional Law II (Civil Liberties). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Legal Research and Writing III (Litigation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Legal Research and Writing IV (Transactional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Professional Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Second year program enhancements: LR&W III increased from 1 to 2 credits; focus on litigation practice LR&W IV increased from 1 to 2 credits; focus on transactional practice

GONZAGA’S NEW THIRD YEAR REQUIRED COURSE

Clinic or Externship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Gonzaga’s revised required curriculum added an experiential requirement in the third year.

Students will take the important step of applying the knowledge, skills, and professionalism they have learned in their first two years of law school in a real life setting.

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C

In 1960, Don co-founded the Spokane law firm now known as Delay, Curran, Thompson, Pontarolo & Walker and limits his practice to plaintiffs’ personal injury and representing lawyers with disciplinary issues. A past president of the Spokane County Bar Association, he is a Fellow in the American College of Trial Lawyers. He has received professionalism awards from the Washington State Young Lawyer Section (1992) and the Spokane County Bar Association (1995). In addition, for over 20 years he has been an invited speaker at seminars on ethics, professionalism, and discipline.

Va Lena is a member of the Washington State Bar Association and has served on the law school board of advisors almost since its inception. (As she described it, “I’m the guest who came to dinner and never left.”) She has also served on the Law School Foundation Board. She is presently on the Catholic Charities Board and the Catholic Charities Foundation. She describes one of her “privileges” as cantoring at St. Augustine Church.

Practicing law has been a satisfying experience for both of the Currans. They see lawyers as helping people solve problems and enjoy the challenges of doing so.

The Currans are among the most enthusiastic of Gonzaga supporters. A Trustee of the University for the past 12 years, Don chaired the national search resulting in the 2005 hiring of Earl Martin as dean. Va Lena is a longtime Regent and a past president of the Law School Board of Advisors. The Currans co-chaired the committee to raise funds to construct the new law school building.

URRANS

ENDOW CHAIR in LEGAL ETHICS and PROFESSIONALISM Thanks to Pete Tormey for his contribution to this story

Believing it is more blessed to give than to receive, Don and Va Lena Curran have endowed a faculty Chair of Professionalism and Ethics at their alma mater. The purpose of the Chair is to advance teaching and scholarship in the areas of legal ethics and professionalism. The holder of the Chair will be designated the J Donald and Va Lena Scarpelli Curran Professor of Legal Ethics and Professionalism.

The Currans met in a law school class in 1953 and were married at St. Aloysius Church in 1961. They have three sons, one of whom, Kevin, is a 1988 graduate of the law school.

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“God has been good to us, and we thought we should in some way show our gratitude,” Va Lena said. “Endowing a chair seemed like the thing to do.” The holder of the newly endowed chair will have a faculty member’s regular duties in teaching, academic citizenship, and advising, and is expected to be a leader in professional development. For example, Dean Earl Martin said, the chair holder is expected to participate in seminars and projects with local, state, and national organizations, take an active interest in providing education to the bench and bar, and publish regularly.

The Currans said making the gift was made easy by Dean Martin. “He combines a fine analytical mind and a good legal imagination with a most gentlemanly professional and easy going manner. The legal community has the highest respect for Earl Martin,” Don said. Va Lena joined in saying that in his four years as dean, Earl Martin has hired new and distinguished faculty, developed a rapport with alumni, and significantly increased the bar passage rate, all of which allows graduates to take justifiable pride in their alma mater.

“We wanted to be part of the success of Gonzaga Law School in a new and significant way.”

The Currans are private people and wanted no recognition for the gift. However, Dean Martin convinced them that going public would serve the law school’s best interests and even might inspire others to give of their time, talent, and treasure.

Don said the chair will meet a pressing need. “The legal profession is highly regulated with, for example, 61 complex Rules of Professional Conduct with intricate and numerous

subdivisions and subparagraphs. Many of a lawyer’s professional responsibilities are prescribed in these rules, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. The rules set a mandatory minimum standard of professional behavior. Graduates are schooled in the rules. However, they lack experience in applying the rules to guide them in solving ethical dilemmas. The chair will emphasize, with renewed vigor and technique, the application of ethical principles to real life situations. Memorizing the ethical rules is no assurance of practicing ethically. Learning to use the rules to solve difficult ethical quandaries is the goal we seek.”

With the ethics portion of the bar exam comprising half a day, students are eager to learn the Rules of Professional Conduct. “We invite law students to our home, and often discussion will center on ethics and the pitfalls awaiting the practitioner who has causal deference for the Rules. We urge the students to understand the Rules and seek the advice of seasoned practitioners for advice when in doubt about applying them. For example, how to ethically deal with offensive personalities is not an infrequent issue. The challenge is not to retaliate, which only worsens the problem, but to respond with restraint in a way which discourages repetition. This is professionalism and ethics at their best. To those who say ‘there are too many lawyers’ I have this simple retort: we don’t have too many good lawyers.” Thanks to help from the Currans, the law school will continue to produce good lawyers!

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IN the NEWS

On November 10, 2008, Kenneth W. Starr spoke to a law school audience in the Barbieri Courtroom as this year’s William O. Douglas lecturer. Starr authored the Starr Report, which figured prominently in the impeachment proceedings of former president Bill Clinton. He is now dean and professor of law at Pepperdine University.

Dean Starr has published numerous articles on the First Amendment and recently argued the free speech case known as “Bong Hits 4 Jesus” before the United States Supreme Court. In a speech called “The First Freedoms,” he focused on First Amendment rights within the context of equality.

“The First Amendment challenges lawyers, students, even professors,” Starr said, “as well as every citizen of America.”

Starr traced the historical commentary of judges, political scientists, and scholars on the First Amendment, presenting the views of various First Amendment theorists and how those views apply to the marketplace of ideas. He discussed cases

Starr often returned to a discussion of the deeper meaning given the first freedoms by the equality principle. Among the most intriguing aspects of Supreme Court jurisprudence in the past century has been its perspective on the principle of “thou shalt not discriminate.” The court has determined that the majority has no more right to silence an individual than an individual has to silence the majority, he said.

During a question and answer session, Starr responded to questions ranging from the First Amendment to former President George W. Bush and the political process in the United States. “Just look at the participation in this [recent] historic election,” he said. “Going to the polls was an exercise of our fundamental freedoms. The right to vote is implicit in the First Amendment, even though it is not explicitly stated.”

In response to questions about Bush’s handling of Iraq and Hurricane Katrina, Starr again referred to the election: “I think it’s pretty clear from the last election that the people have spoken; the process worked.”

Starr was also asked about his firm’s participation in a free speech case involving a Juneau, Alaska student accused of displaying an objectionable banner outside his school during a Winter Olympics ceremony. In this so-called “Bong Hits 4 Jesus” case the school’s principal seized the banner and suspended the student. The student’s lawyers argued for punitive damages, saying the sign’s seizure and the subsequent suspension violated his free-speech rights. Starr was interested by the student speech case because he said the removal of the sign was a “good faith decision” and the school principal should not be liable to pay punitive damages.

In June 2007, the Supreme Court ruled 5-4 in favor of the school board.

The law school’s William O. Douglas Committee sponsored Starr’s appearance. Named for the late U.S. Supreme Court Justice from Yakima, Washington, the group promotes a

from their theological and secular perspectives and equated religious and political speech under the First Amendment.

commitment to the freedoms of speech, religion, and assembly by hosting the lecture series.

2009 Loan Repayment Assistance Awarded to Four Students: The Gonzaga Loan Repayment Assistance Program (LRAP), begun in 2007, recently awarded repayment assistance to four outstanding alumni. Putting into practice Gonzaga University School of Law’s humanistic, Jesuit, and Catholic mission, the Loan Repayment Assistance Program reflects the high value the school places on public service. The purpose of the LRAP is to provide loan repayment assistance (up to $4,000 per person per year) to a select number of Gonzaga Law graduates who are pursuing careers in public service. Generally, these career paths pay less than a career in private sector law and the hope is that this financial assistance will encourage students to work in public interest law. Applicants with outstanding law school student loans, both federal and private, are eligible to apply to the LRAP program.

Kathleen Morris (’07) – International Rescue Committee Kathleen, who works with the International Rescue Committee focusing on Human Trafficking, pursued a law degree to fulfill her goal of making sure “people understand that they are part of this society, that they have rights and have a real voice and a real influence in the world in which they live.” She was especially pleased that Gonzaga provided many opportunities for her to explore different disciplines within public interest law. She feels that her law school experience reinforced her interest in working for those people who are traditionally underserved by the legal system. Kathleen currently resides in Seattle, Washington.

Jessica Cahoon (’06) – Legal Aid Services Jessica, who works with Idaho Legal Aid Services, became interested in law school while a junior in high school. During her second and third year of law school Jessica had the opportunity to intern for public interest entities and really felt a connection with helping those who could not otherwise afford legal representation. She hopes to continue her career path in public interest law and is thankful that the LRAP program is able to help defray some of the costs of her student loans. Jessica currently resides in Idaho Falls, Idaho.

Chris Edwards (’07) – United States Marine Corps - JAG Chris, who is working as a Judge Advocate in the United States Marine Corps told us that he became interested in the practice of law because he enjoys the constant learning and ultimately the challenge of helping others. Chris dreamed of serving his country and is excited to put his legal knowledge to work now that he has finished officer candidate school.

Chris hopes someday to have his own mediation firm. He is thankful for the LRAP as he starts his new JAG career.

Chris currently resides in Garrisonville, Virginia.

David Kling (’08) – City of Spokane Prosecutor’s Office David, who works in the Spokane City Prosecutor’s Office, enrolled in law school because he desired more, both professionally and personally, and felt a legal education would help him accomplish these goals. He enjoys the satisfaction of working to keep communities safe as well as attempting to straighten out a troubled person’s life. As he learns to balance his ever-increasing caseload, he hopes to continue his commitment to maintaining a positive and professional attitude. David is thankful for the LRAP, and very much enjoyed his days at Gonzaga.

Gonzaga’s Loan Repayment Assistance Program continues to assist graduates who have entered into the practice of public service law. The LRAP is funded by donations from generous alumni and other donors and friends who wish to see the spirit of Gonzaga’s mission continue. If you would like to donate to, or have questions about the program please contact Jeff Geldien at jgeldien@lawschool.gonzaga.edu.

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Kenneth W. Starr, William O. Douglas Lecturer

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IN INthe theNEWS NEWS

Luvera Lecture The annual Luvera Lecture was given this year by Mr. Stephen Lewis who is co-director of AIDS-Free World, a new international advocacy organization that works to promote more urgent and effective global responses to HIV/ AIDS. Mr. Lewis is a professor in Global Health, Faculty of Social Sciences at McMaster University in Hamilton, Ontario.

He serves as the board chair of the Stephen Lewis Foundation in Canada and is a member of the board of directors of the International AIDS Vaccine Initiative.

Lewis is the author of the best-selling book, “Race Against Time.” He holds twenty-eight honorary degrees from Canadian universities and is a Companion of the Order of Canada, Canada’s highest honor for lifetime achievement.

The Luvera Lecture Series is made possible by support from GU Law graduates Paul and Lita Luvera.

The annual Luvera Lecture was given by Stephen Lewis

GU’s Professor Gerry Hess and Professor Michael Schwartz of Washburn University School of Law

Professor Gerry Hess of GU law has been chosen as a subject for a national study of

Stephen Lewis, Paul and Lita Luvera

law faculty titled What the Best Law Teachers Do.

Colville Tribal Court of Appeals

Congratulations to our December Graduates

On Friday, February 27, Gonzaga University School of Law, its Federal Indian Law Program, and the Indian Law Caucus hosted the Court of Appeals of the Confederated Tribes of the Colville Reservation. This was the inaugural event launching the law school’s new federal Indian law program. Oral arguments of counsel before the Court of Appeals of the Confederated Tribes of the Colville Reservation were heard at 10:00 a.m. in the Barbieri Courtroom.

The issue before the court was an appeal of statutory interpretation (Colville’s Domestic Violence Act), allocation of criminal burden of proof and standard of proof, the right of enrolled members of the Colville Tribes to due process of law under the Colville Tribal Civil Rights Act, and the federal Indian Civil Rights Act (25 U.S.C. § 1301 et seq.), which imposes limits on the powers of Indian governments.

Mother Nature changed our plans for December graduation which was scheduled for Friday, December 19, 2008.

Conducted by Prof. Michael Hunter Schwartz, a teaching and learning scholar at Washburn University School of Law, the study attempts to identify the attitudes, values, habits of mind, preparation efforts, teaching techniques, feedback mechanisms, and other practices of the country’s best law teachers.

After receiving twelve inches of snow in twenty-four hours, even finals were canceled at Gonzaga Law School, along with graduation.

Schwartz has received more than 225 best law teacher nominations, representing law faculty teaching at a wide range of schools

The following students were granted their J.D.s last December: Misty Addison

Laura Koewler

Talin Broosan

Dillion Larkin

Michelle Ciccone

Samuel Larson

Charles Gillis

Michael Rhodes

Justin Goldstein

Sean Wells

throughout the country. To date, he has selected fi ve of the approximately thirty-fi ve law teachers he plans to study.

Schwartz recently visited GU to study Gerry’s teaching methods. He sat in on four of Hess’s Civil Procedure classes, interviewed him, and conducted focus groups with GU

Ryan Hew

students and alumni.

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life in the library CLINIC NEWS In the last issue of the Gonzaga Lawyer I mentioned that

find other fruitful avenues to research, or simply to find controlling

Associate Professor Gail Hammer and a host of former

The legal clinic is adding a new member to our

Associate Director Patrick Charles and I would be teaching

cases in a particular jurisdiction. Sure, I may start out online,

and current interns stretching back almost two years

“Practitioners-in-Residence” faculty. Mr. Robert Seines

Advanced Legal Research to second- and third-year law

and may even do a Google search for basic information if I am

recently finished a complicated custody trial. The trial

will join former Superior Court Judge Richard Schroeder and

students. We are in the middle of the semester as I write this,

unfamiliar with an area of law. But I also think critically about each

took the better part of three weeks to accommodate the

former Washington State Assistant Attorney General Owen

so I have been thinking a lot about how practicing attorneys,

source, and weigh the advantages and disadvantages of electronic

schedules of witnesses phoning in from North Africa and

Clarke. Mr. Seines has extensive experience in Indian Law

particularly graduates of Gonzaga School of Law, perform

research versus paper resources for different types of material or

Tennessee to testify.

and will advise students who are working primarily in our

legal research.

when searching for something in particular. For example, verifying

By the time students sign up for our class, they have already

that a case is still good law using Shepard’s on LexisNexis or

taken, or are still taking, our two-year Legal Research and Writing

KeyCite on Westlaw is vastly superior to Shepard’s in paper in

program, which is one of the most rigorous programs I’ve seen.

terms of both efficiency and currency. I want our students to be

As a result, students in our class already have a good foundation

able to make good decisions so that they are efficient, thorough,

so we don’t have to teach “remedial” legal research as so many

cost-effective researchers.

other Advanced Legal Research professors must.

So I’m curious about how you (Gonzaga Law School graduates)

Probably the most complicated case ever tried by the

new Federal Indian Law Program.

clinic both factually and legally, the case presented many

In other news, Professor George Critchlow has just

obstacles. Our client was from the Sudan, spoke little English,

published a new article in the GEORGETOWN JOURNAL OF

and lived in Tennessee. Her history was a nightmare of forced

INTERNATIONAL LAW. Entitled Stopping Genocide Through

immigrations, assaults, captivity, and existing in survival mode.

International Agreement When the Security Council Fails to

Two years ago, a male companion served incomprehensible

Act, the article may be found at Vol 40 Number 2 Winter 2009.

court papers on our client and obtained legal custody of her

Professors Gail Hammer and Larry Weiser spent spring

two children. After the client moved to Tennessee, she was

break in Brazil sharing information and experiences with

use your legal research skills in the course of your daily practice.

ordered to appear in court there, resulting in her children

clinical law programs there.

setting is not the same as legal research in an actual work

What paper sources do you turn to first? What databases do you

being taken away from her and returned to Spokane in the

environment where there are often tight deadlines and the

find most helpful? Do you mostly stay in the realm of statutes,

custody of her former companion.

outcome of cases can depend on the quality of the research.

administrative regulations, and case law in your jurisdiction or

Attorneys don’t always have the luxury of time to pursue an issue

do you find yourself venturing out into other areas? How often do

court accepted our client’s position and ordered that her

as thoroughly as they would like, and may not have access to as

you need to research an area of law that is unfamiliar to you?

children be returned to her custody. It was an extremely

many resources as law students do, where the collection is built

Do you find recent graduates to be proficient researchers or do

satisfying conclusion to a very challenging experience for

around their needs, and LexisNexis and Westlaw are free (to

they need a lot of guidance?

our clinic students.

However, by its very nature, legal research in a classroom

them; the library pays a hefty sum for each service).

As a law librarian with seventeen years of experience, I see

The clinical program has made many changes in the past few years. We invite all our ex-interns to stop in and talk about

Many months of litigation followed, but ultimately the

these changes and to meet our new faculty.

These aren’t rhetorical questions, I ask because I want to teach students skills they will actually use and to feel confident

the beauty of the West Digests and the Topic and Key Number

in their research abilities the minute they start their first job.

system. I see the value in finding that one ALR Annotation that

If you’re so inclined, please send your observations to me at:

is right on point, and know how to use it as a launching pad to

lmclane@lawschool.gonzaga.edu.

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SUMMATIONS student news

Third-year law student Michelle Ciccone was recently awarded a scholarship by The Washington State Chapter of the American Academy of Matrimonial Lawyers. The AAML is devoted to improving the quality of family law legal services.

It is at the forefront of tracking and shaping the ever-changing

Bill Maxey (left) and Judge Greg Sypolt flank Ayanna Eagan, Hector Quiroga, and Sara Malecki, winners of the 2008 Carl Maxey Memorial Scholarship

legal landscape with regard to the way the justice system addresses family law issues, whether through litigation, arbitration, collaborative law, or mediation.

Ciccone received her bachelor’s degree in Criminal Dean Earl Martin with Michelle Ciccone

Justice and Criminology from Metropolitan State College of Denver, where she focused her efforts on a comparison of the

2008 AAML

SCHOLARSHIP

rehabilitative versus retributive approach in the reduction of recidivism. Michelle said she chose Gonzaga because she

Hector Quiroga, Sara Malecki, and Ayanna Eagan were recently awarded the Carl Maxey Memorial Scholarship

advocate, he was appointed by five different United States

Award by the Spokane County Bar Association.

presidents to chair the Washington State Advisory Commission

This award was established by Maxey’s friends and family

Gonzaga had the professor-student ratio, the bar passage

achievement and are committed to promoting diversity.

experience of her GU law career to date. “It’s an opportunity I would recommend for every Gonzaga law student,” she said.

Maxey also served on the Gonzaga Law School Board of

the common man. The scholarship is awarded annually to 2L and 3L students who have shown outstanding academic

She cites her work in the law clinic as the most rewarding

to the U.S. Commission on Civil Rights.

to celebrate his work in promoting diversity and defending

wanted to attend a Jesuit institution in the Northwest, and

rates, and the reputation that she was looking for.

Bell and Allison Law Firm in 1960. A distinguished civil rights

Advisors, and was awarded the Gonzaga Law Medal.

The scholarship has been awarded annually since 2001.

Maxey’s son Bill and Judge Greg Sypolt, along with

2008

members of the Spokane County Bar Association, presented the students with their award.

MAXEY

Carl Maxey was an exceptional trial lawyer and a giant in civil rights, sports law, and politics. He was the first African-

SCHOLARS

American man in Eastern Washington to pass the bar and become an attorney. He opened the Fredrickson, Maxey,

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FACULTY scholarship

Professor Upendra Acharya

Professor Megan J. Ballard

Professor George Critchlow

Professor Lynn Daggett

In February 2008, Professor Acharya was appointed to the board of directors of the International Trade Alliance (ITA), greater Spokane’s primary source of expertise for doing business in the global marketplace. Also in February, Professor Acharya presented a paper titled WTO and Least Developed Countries at the symposium on International Trade: Law or Politics? hosted by the GONZAGA JOURNAL OF INTERNATIONAL LAW. As faculty advisor to the journal, Professor Acharya played a significant role in the symposium’s success.

On November 14, Professor Upendra Acharya spoke on the topic Right to Development from Nepal to Native American Nations: A Post-Modernist Approach at the Cornell University Law School. The program was conducted by the Berger International Legal Studies Program and the Briggs International Law Society of the Cornell Law School. Professor Acharya also presented a paper on October 25, 2008, at the 2008 Sutton Colloquium on War on Terror or Terror Wars?

The Problem of Defining Terrorism, organized by the Nanda Center for International Law at the University of Denver Sturm College of Law.

On September 26, 2008, Professor Megan Ballard presented Estate Planning with Companion Animals at the Doing Well

by Doing Good in Animal Law Cases CLE, sponsored by the Gonzaga Law School Chapter of the Animal Legal Defense Fund. On September 27, Professor Ballard presented Washington’s New Domestic Partnership Act: Estate Planning for Domestic Partners at the “Macs & Tax” CLE, sponsored by Gonzaga University School of Law held at Priest Lake, Idaho.

On November 7 and 8, Professor Ballard attended the ABA Real Property Trust and Estate Section fall leadership meeting in Montreal, Quebec, in her capacity as a real property book editor. On January 13, 2009, Megan presented Washington’s New Domestic Partner Laws: Estate Planning for Domestic Partners to the Spokane Estate Planning Council.

Professor Megan J. Ballard’s article Washington’s Expanded Domestic Partnership Act, appeared in print in the journal WASH. BAR ASS’N REAL PROP. PROB. & TRUST, Winter 2007-2008 at 7.

In June of 2008, Professor George Critchlow’s article, Stopping Genocide Through International Agreement When the Security Council Fails to Act, was accepted for publication by the GEORGETOWN JOURNAL OF INTERNATIONAL LAW. On September 29, Professor Critchlow was a panelist at a conference celebrating the 60th anniversary of the Universal Declaration of Human Rights sponsored by Unity House and the Gonzaga Institute for Action Against Hate. In October, Professor George Critchlow, along with recent law school graduate Bret Roberts, presented on Pets as Personal Property at the Animal Legal Defense Fund CLE. Professor Critchlow also chaired the planning committee for the annual Northwest Clinical Law Conference in Leavenworth, Washington held October 11 through 13.

He was assisted in this effort by our clinic’s paralegal, Sharon Bressler.

Professor Lynn Daggett’s article, All of the Above: Computerized Exam Scoring of Multiple Choice Items Helps To: (A) Show How Exam Items Worked Technically, (B) Maximize Exam Fairness, (C) Justly Assign Letter Grades, and (D) Provide Feedback on Student Learning, appeared in print at 57 JOURNAL OF LEGAL EDUCATION 391-422 (2007).

Professor Daggett’s article, FERPA in the Twenty-first Century: Failure to Effectively Regulate Privacy for all Students, is in print at 58 Catholic University Law Review 58-113 (2008).

Professor Daggett’s article, Student Privacy and the Protection of Pupil Rights Act as Amended by No Child Left Behind appeared in print at 12 UC DAVIS JOURNAL OF JUVENILE LAW AND POLICY 51-131 (2008).

On November 22, Professor Daggett presented a paper, Subpoenas of and Public Records Requests for Student Information, at the Education Law Association’s Annual Conference in San Antonio, Texas.

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FACULTY scholarship

Professor Mark DeForrest

Professor Helen Donigan

In early 2008, Professor DeForrest was invited to contribute two short articles for the Praeger Handbook of Religion and Education in the United States. And in October, Mark accepted an offer by Legal Writing: The Journal of the Legal Writing Institute, to publish his article, Introducing Persuasive Legal Argument via the Letter from a Birmingham City Jail. This journal is a peer-reviewed publication that serves as the professional journal for the Legal Writing Institute.

Professor Helen Donigan was chair of the Washington State Supreme Court Dissolution Task Force, which issued its final report on December 1, 2008. The twenty member task force was created in October 2007, and was to develop statewide protocols for dissolution cases. Professor Donigan helped present the September interim report to the Washington House Judiciary Committee work session on September 12, and reported the results of the final report to the Washington Supreme Court on February 5, 2009. The reports may be found at the court’s website: http://www.courts.wa.gov/, under “boards & commissions.”

Professor David DeWolf In July Professor DeWolf spoke to the National Litigation Academy for the Alliance Defense Fund at Half Moon Bay, California. Professor DeWolf also recently completed work on the 2008-09 revisions of four volumes of the Washington Practice series.

Professor DeWolf was the lead author for The State of Washington Supreme Court: A 2008 Update, published by the Federalist Society.

Professor Gerry Hess Professor Hess presented two faculty development workshops in May 2008, Capital Litigation Improvement Initiative at the National Judicial College, and The Value of Variety for the Phoenix School of Law, Charlotte School of Law, and Florida Coastal School of Law.

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Professor Gerry Hess’s article Collaborative Course Design: Not My Course, Not Their Course, But Our Course, recently appeared in print in volume 47 of the WASHBURN LAW JOURNAL. Professor Hess presented Gonzaga’s Skills and Professionalism Curriculum at the Legal Education at the Crossroads conference at the University of Washington on September 6, 2008. Professor Hess also presented a workshop on Using Variety to Improve Student Learning to the faculty at Northern Kentucky University Chase School of Law on September 8.

Professor Hess conducted a workshop for the law faculty at the University of Alberta, Canada, on Enhancing Student Learning through Active Learning, from September 21 through 24. And on October 11, Gerry, and colleague Sophie Sparrow of Franklin Pierce Law Center, presented sessions on Formative and Summative Assessment of Student Learning, Programmatic Assessment, and Assessment Instruments at the Northwest Clinical Law Teachers conference.

Professor Gerry Hess’s article What Helps Law Professors Develop as Teachers? – An Empirical Study, recently appeared in print in the WIDENER LAW REVIEW (volume 14, pages 149-183).

During the latter part of December Gerry was appointed as consultant for a new textbook series from Carolina Academic Press, entitled Context and Practice Casebooks. This is the first explicit effort to design casebooks that implement the Carnegie and Best Practice studies of legal education, and to employ instructional design and other teaching and learning principles. Professor Hess will work with authors to help them develop exercises and materials, and will serve as a resource for the series editor.

Professor Gerry Hess and his co-authors Sophie Sparrow (of Franklin Pierce Law Center) and Michael Hunter Schwartz (of Washburn University School of Law) have completed their book, Teaching Law by Design: Engaging Students from the Syllabus to the Final Exam. Carolina Academic Press will publish the book this spring. Also to be published this spring will be the article, Professional Skills and Values in Legal Education: The GPS Model, VALPARAISO UNIVERSITY LAW REVIEW (2009) (with Steven Gerst of Phoenix School of Law).

Professor Brooks Holland In May of 2008, Professor Holland accepted an invitation to join the CrimProf blog as a permanent contributing editor.

The CrimProf blog is a dedicated criminal law website that is part of the Law Professor Blogs Network. Additionally, Professor Holland and Snohomish County attorney Elizabeth Cullen, presented a CLE program for the Washington Defender Association on the subject of ethical considerations surrounding prosecution plea offers.

Professor Holland’s article Confidentiality and Candor under the 2006 Washington Rules of Professional Conduct is now in print in volume 43 of the GONZAGA LAW REVIEW. Also, in June, Brooks presented a paper that he co-authored with Professor Mary Pat Treuthart titled Can’t Let Go: Obsession and the Criminal Law, at the annual Law & Society conference in Montreal, Canada.

Professor Holland taught a one-week course during the week of July 21, 2008, called Crime and Punishment to gifted junior and senior high school students as part of Eastern Washington University’s annual Satori summer program.

And on August 8, Brooks’ article reviewing the Supreme Court’s criminal cases for that term was published in the NATIONAL LAW JOURNAL, as part of the journal’s special section on the Supreme Court term.

Professor Holland was a guest blogger at Prawfblog for the month of August 2008, and on August 8, he participated in the annual Junior CrimProf Conference at the George Washington University School of Law in Washington, D.C. Professor Holland delivered formal comments on a paper presented by Professor Sonja Starr of the University of

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FACULTY scholarship Maryland School of Law titled, Sentence Reduction as Remedy for Prosecutorial Misconduct.

In January of this year, Professor Brooks Holland accepted an offer to publish his article, A Relational Sixth Amendment During Interrogation, with the JOURNAL OF CRIMINAL LAW & CRIMINOLOGY at Northwestern University School of Law. Professor Holland has also been elected to the executive committee for the Washington State Chapter of the ACLU. Additionally, Brooks has accepted an invitation to join the advisory committee for the Integrity of Justice Project, a long-term project focused on criminal justice reform to enhance accuracy and fairness, sponsored by the Center for Justice and the University of Washington School of Law Innocence Project Northwest. Also, on January 12, Professor Holland was quoted in the NATIONAL LAW JOURNAL regarding the Supreme Court case of Vermont v. Brillon (http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202427338910).

Professor Amy Kelley In February of 2008, Professor Amy Kelley published a note on Washington Indian Water Rights Settlements in The Rocky Mountain Mineral Law Foundation Water Law Newsletter (volume XLI, #1). In the fall of 2008, Professor Kelley accepted the position of editor in chief of that newsletter, and in December completed the first edition of the newsletter in that capacity; she also contributed two notes. In January, LexisNexis released the revised Volume II of their seven volume Water and Water Rights treatise, of which Professor Kelley has also become the editor in chief.

Dean Earl F. Martin

Professor Mike McClintock

Professor Dan Morrissey

In April of 2008, Dean Earl Martin published a chapter titled Mission-Focused Leadership in the book Inside the Minds— Leading a Law School, put out by Aspatore Books. On May 5, he presented on Democracy and the American Jury at Juror Appreciation Day hosted by the Spokane County courts. Dean Martin also delivered the keynote speech at the annual Phi Beta Kappa luncheon on May 15, 2008, and on July 11, Dean Martin presented on the topic of Leading a Strategic Planning Effort to the WSBA Leadership Institute.

During his November trip to China and Korea, Dean Martin gave presentations on the Fourth Amendment to the U.S. Constitution at the Southwest University of Political Science and Law in Chongqing (China), at Wuhan University School of Law in Wuhan (China), and at Inha University School of Law in Incheon (South Korea).

Dean Martin moderated a panel on The Changing Face of the Profession: Multigenerational, Cultural, Behavioral, and Attitudinal Differences at the 6th Annual WSBA Conference on the Law of Lawyering in Seattle on December 16.

Professor Mike McClintock’s article NAFTA’s 13th Year: Steadily Increasing Trade Between the United States and Mexico, Transportation Infrastructure Crisis, Building a “Dry Canal” Across Southern Mexico, and More, is now in print in volume 14 of the SOUTHWESTERN JOURNAL OF LAW AND TRADE IN THE AMERICAS, 25-61 (2007).

In August, Professor Morrissey received notice that his article, The Path of Corporate Law: Of Options Backdating, Derivative Suits, and the Business Judgment Rule, had come out in print in 86 OREGON LAW REVIEW 973 (2007). Professor Morrissey also published an article in the October 6 edition of THE NATIONAL LAW JOURNAL called Tighten up Regulation.

Professor Dan Morrissey recently accepted an offer from the UNIVERSITY OF PENNSYLVANIA BUSINESS LAW JOURNAL to publish his article, The Securities Act at its Diamond Jubilee: Renewing the Case for a Robust Registration Requirement.

Professor Jim McCurdy Professor Jim McCurdy presented the 31st annual Clark Y. Gunderson Lecture at the University of South Dakota School of Law on October 20. Professor McCurdy’s topic was The Theory of the Commons and Its Influence on the Law: Three Stories.

Professor McCurdy is also authoring a chapter in “Legal Issues in Professional Baseball” (Kurlantzick ed.) to be published this coming August.

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FACULTY scholarship Political Science and Law in Shanghai. The other two were at Fudan University in Shanghai, which is ranked the third best university in China. One talk was for undergraduates and the other was for Master’s and Ph.D. candidates in law.

Last summer, Professor 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, came out in print in volume 15 of the ELDER LAW JOURNAL. Last September, Professor Ann Murphy, with her co-author Professor Xiong Wei of Wuhan University in China, published an article titled A Comparison of Tax Filing Procedures in the United States and China in the September 8 edition of Tax Notes International. And in October Ann completed a publisher’s review of a proposed text on tax policy for Aspen Books.

Professor Murphy also recently completed work on a chapter for a book that the Fulbright Foundation and the Hong Kong America Center will provide to Chinese law students about the American legal system. Professor Murphy’s chapter is on the American jury system and the Federal Rules of Evidence.

Professor Murphy recently completed the 2008 update to the Washington Lawyers Practice Manual, Chapter Nine, Part Two Tax Aspects of Divorce. She also taught a two-day continuing education program for CPAs in Seattle on Tax Developments in 2008, and also presented on two topics at a continuing education program for the Oregon Society of CPAs in Portland.

In January Professor Murphy accepted a contract from Aspen Press to publish an evidence book that will use the Phil Spector murder trial to illustrate the Federal Rules of Evidence.

The publication date is expected to be in 2009. Professor Murphy also recently completed the 7th update (for 2008) of a book published by LexisNexus titled, Tax Practice and Procedure.

Professor Ann Murphy Early in 2008, Professor Ann Murphy was invited by Professors Bryan Camp and Keith Fogg to join them on the tax procedure portion of “The Shelf Project.” The Shelf Project was started by Professor Calvin Johnson of the University of Texas as a way for Congress to take revenue-raising ideas right off the shelf — ideas that had already been evaluated by professionals.

Due to the outstanding job Ann did during the fall 2007 semester as a Fulbright Scholar at the China Central University of Finance and Economics (CUFE), Professor Murphy was invited to teach a class last spring at the Institute of Public Finance and Taxation Law at China University of Political Science and Law (CUPL) in Beijing. This added five months to Professor Murphy and her family’s stay in China. She returned to Gonzaga Law in August of 2008.

In June of 2008, Professor Murphy attended an “Author’s Workshop” in Shatin, New Territories, Hong Kong, China, to plan the production of a book titled Reader in American Law for Chinese Law Students. This project was to be funded jointly between the Fulbright Foundation and the Hong Kong America Center. Also in June, Professor Murphy gave three guest lectures at two law schools in Shanghai China. One talk was for the Ph.D. candidates in law at the East China University of

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Professor Rosanna Peterson presented on Current Issues in Law School Admissions on a panel with the deans of the University of Washington Law School and Seattle Law School on May 2, at the twentieth annual meeting of the National Consortium on Racial and Ethnic Fairness in the Courts.

Professor Peterson spoke on August 10 at the Washington State Trial Lawyers Association annual meeting and convention in Vancouver, Canada. Her topic was Juror Bias: How to Address During Voir Dire.

Professor Peterson presented on the subject of Women’s Civil Rights at the Federal Judicial Institute for High School Teachers on October 24, 2008. Professor Peterson participated in a panel discussion during the program with Judge Richard Tallman, Judge Robert Whaley, Judge Neal Rielly, Judge Cynthia Imbrogno, and officers from the Department of Justice.

Professor Rosanna Peterson Professor Peterson co-chaired a national conference for externship directors and faculty held February 15 and 16, 2008 at Seattle University. The conference was titled “Externship4—A Bridge to Practice” and attracted eightythree externship directors and faculty from all parts of the United States, including Hawaii.

Professor Peterson served as moderator for the Gonzaga hosted lunch discussion about “The Stuckey Challenge: How Externships Serve the Best Practices Model of Legal Education.” In addition, Professor Peterson moderated a panel discussion on “Externship Programs and ABA Accreditation Issues,” and presented at repeated speed-sharing sessions on “Using Externships to Increase Diversity in Legal Communities.”

Robbie McMillian, Gonzaga’s Externship Coordinator, also attended and served as a key organizer for the conference.

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FACULTY scholarship Business Law, and the Center for Global Legal Studies conference held at the Thomas Jefferson School of Law titled Conference on Globalizing Secured Transactions Law. Also, in May of 2008, Rusch gave a presentation on Membership Surveys and Marketing to the Business Bar Leaders Conference, at the ABA Business Law Section meeting in Chicago. At the ALI-ABA meeting in New York in June of 2008, she presented on The UCC and Beyond: Current Developments in Commercial Law, and also in June in San Jose, California, she gave the welcoming remarks to the National Conference for the Minority Lawyer, ABA Business Law Section and ABA Commission on Racial and Ethnic Diversity conference.

In July of 2008 Professors Rusch and Sepinuck conducted two associate training programs at the Los Angeles law firm of Paul, Hastings, Janofsky & Walker on the subjects of Principles of Good Contract Drafting and Drafting Opinion Letters. In December of 2008, Professor Rusch spoke on 2008 Commercial Law Developments for the Gonzaga University School of Law Commercial Law Center and the law firm of Lane Powell in Seattle.

Among other positions held during the course of 20082009, were: Member, ABA Standing Committee on Publishing Oversight Liaison, ABA Standing Committee on CLE; ABA Business Law Section Secretary (one-year term beginning in August 2008); Vice President (through April 2008) and President-elect (starting April 2008) for the American College of Commercial Finance Lawyers; Member, Executive Committee of the Permanent Editorial Board of the Uniform Commercial Code; and Reporter, Study Committee on Payments Issues for the Uniform Law Commission (appointed in September of 2008).

Professor Linda Rusch Professor Linda Rusch, along with Professor Stephen Sepinuck completed their new course book titled A Problem Solving Approach for Thomson/West publishing which became available last February. Professor Rusch also published 2009 Supplements for volumes on the Uniform Commercial Code Article 2 (Sales of Goods); Article 7 (Documents of Title); and Revised Article 7 (Documents of Title), all published by HAWKLAND UNIFORM COMMERCIAL CODE SERIES (Thompson/West).

Rusch’s article Reimagining Payment Systems: Allocation of Risk for Unauthorized Payment Inception appeared in 83 CHI-KENT L. REV. 561 (2008) as part of Symposium: Rethinking Payments Law 2008 Selected Commercial Statutes (Thompson/West).

In January of 2008, Professor Rusch presented at a Leadership Development Workshop for the ABA Business Law Section, in Dana Point, and on 2007 Commercial Law Developments at the firm of Aiken, Siljeg and St. Louis in Seattle. In San Diego, in March of 2008, Linda gave a presentation at the State Bar of California Section on

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same time, Professor Sepinuck’s co-authored article, The Big Deal about the Fine Print: Negotiating and Drafting Contractual Boilerplate, came out in volume 61 of the Quarterly Report.

Throughout the year, Professor Sepinuck gave a number of presentations on commercial law subjects. In June, he gave two presentations at the annual conference of the Eastern District Bankruptcy Association: one on recent judicial developments on secured transactions and one on recent commercial law decisions by the Ninth Circuit. In July of 2008, Professors Sepinuck and Rusch conducted two associate training programs at the law firm of Paul, Hastings, Janofsky & Walker on the subjects of Principles of Good Contract Drafting and Drafting Opinion Letters. In October, Professor Sepinuck gave a presentation of commercial law developments at the law firm of Paul, Hastings, Janofsky & Walker. Finally, in December, he and Professor Rusch conducted two CLE programs on commercial law development, one at the law school and another in Seattle hosted by the law firm of Lane Powell.

In the fall, Professor Sepinuck was appointed to the California State Bar’s UCC Committee and also appointed to serve as the ABA Advisor to the new Joint Review Committee for Article 9 of the UCC. In October, Professor Sepinuck attended the first meeting of the Joint Review Committee, offered comments, and then prepared and distributed a lengthy written report on the committee’s deliberations and tentative decisions. At the end of the year, Professor Sepinuck posted a forty-five page report on our Commercial Law Center’s website that he prepared on 2008 commercial law developments: http://www.aw.gonzaga.edu/About-Gonzaga-Law/CommercialLaw-Center/Files/2008_Cases.pdf.

Professor Stephen Sepinuck Professor Sepinuck published two books in 2008. In April, the ABA Business Law Section published Practice Under Article 9 of the Uniform Commercial Code. Professor Sepinuck edited the book and contributed nine of the sixteen charts and articles.

In August, Professor Sepinuck’s book Secured Transactions (part of the Thomson/West’s ExamPro Series) came out in print.

More recently, Professors Stephen Sepinuck and Linda Rusch completed their new course book titled A Problem Solving Approach to Commercial Transactions for Thomson/West Publishing. The book will be available in late February.

Professor Sepinuck continued to edit the Annual Survey of Commercial Law, which was published in the August edition of The Business Lawyer. In addition, with Professor Kristen Adams of Stetson Law School, he authored several more Spotlight columns for the joint newsletter of the ABA UCC Committee and the ABA Commercial Finance Committee. In September, Professor Sepinuck’s article, Vanishing Collateral, appeared in 18 Bus. Law Today 29 (Sept./Oct. 2008). About the

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FACULTY scholarship

Professor Sandra Simpson

Professor Buck Sterling

Professor Larry Weiser

Professor Vickie Williams

Legal Research & Writing Professor Sandra Simpson presented on the subject, Finding Your Groove: An Educator’s Perspective on Maintaining and Enhancing Classroom Management and Student Engagement in the Law School Classroom, on March 22, at the Rocky Mountain Legal Research and Writing Conference in Salt Lake City, Utah.

Professor Simpson has accepted an offer from the Iowa Journal of Gender, Race & Justice to publish her article, Everyone Else is Doing It, Why Can’t We? A New Look at the Use of Statistical Data in Death Penalty Cases. The article will be published in the May 2009 edition of the journal.

Professor Buck Sterling recently completed a two-year term as vice-president and president of the Western Pacific Chapter of the American Association of Law Libraries. Professor Sterling continues to serve on WestPac’s executive board as the immediate past president. Librarian Cheryl Pritchard, head of technical services, continues to serve as treasurer on WestPac’s executive board.

Professor Larry Weiser’s article (co-authored with Matthew Treu) Adding Injury to Injury: Inadequate Protection of Tenants’ Property During Eviction and the Need for Reform, came out in print in volume 20 of the LOYOLA CONSUMER LAW REVIEW. Last November, Professor Weiser served as program co-chair and as participant in the 2008 Spokane County guardian ad litem training. Professor Weiser presented on Vulnerable Adult Statute, Protective Orders and GALS, and Mediation in Guardianship Cases. Professor Weiser was also program co-chair with the Spokane Alzheimer’s Association on a CLE entitled “Legal and Financial Issues and Diminished Mental Capacity.” Professor Weiser participated in a panel discussion on the subject of financial competencies in older adults.

In August, Professor Williams’ article, The Healthy Washington Initiative: Blue-Ribbon Process, Red-Herring Result, came out in print in the FORDHAM URBAN LAW JOURNAL. Professor Vickie Williams delivered a presentation called Walking the Tightrope—Coding Compliance in the Electronic Age to the American Health Information Managers Association (AHIMA) on October 11 in Seattle.

In November, Professor Williams was invited to co-author chapters on Government Payors of Behavioral Health Services and Government Payors of Medical Services in the new edition of the Washington Health Law Manual. Additionally, Professor Williams has been invited to speak to the Washington State Health Information Managers Association on the topic of “Coding Compliance” in April 2009.

Professor Vickie Williams has been invited to speak to the Washington State Society of Health Care Attorneys on the topic of the new federal Health Care Providers’ Conscience Exemption Regulation in April 2009.

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Class action 1957

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In December 2008 George McCabe was honored by the Great Falls firm of Jardine, Stephenson, Blewett & Weaver for fifty years of service to the firm. George graduated from Gonzaga Law School in 1957 and is also a veteran. He still works thirty-five hours a week and spends most of his time focusing on estate work, contracts, and oil and gas law.

George and his wife Connie have been married for forty-six years and currently reside in the Great Falls, Montana area.

U.S. Supreme Court Justice Samuel Alito presented class of 1960 alum Dick Manning with a “brick,” a piece of masonry removed from the court building during some renovation to which has been attached the gold seal of the court. The award was for achieving and surpassing goals during his term as chair of the Washington chapter of the U.S. Supreme Court Historical Society.

Spokane litigation attorney Greg Devlin has joined Winston & Cashatt. Devlin has spent nearly thirty years representing clients on legal matters relating to building and construction, estate planning and probate, business and business formation, personal injury and insurance defense.

Devlin began his law career as a deputy prosecutor in Stevens County in 1976. He spent three years as the county’s elected Spokane Attorney Greg Devlin prosecutor before entering private practice in Spokane in 1980.

A 1976 Gonzaga Law School graduate, Devlin is licensed to practice in Washington and Idaho and at all levels of federal court, including the U.S. Supreme Court. He is a member of the American, Washington, Idaho and Spokane County bar associations, and the Washington State Trial Lawyers Association.

On October 10, 2008, at the 2008 Washington Women Lawyers (WWL) Annual Awards Dinner and Leadership Symposium, Judge Kathleen M. O’Connor, was awarded the WWL Foundation Award. This event was held at Seattle’s downtown Sheraton Hotel.

Judge Kathleen M. O’Connor, a native of Spokane, received her J.D. from Gonzaga Law School in 1975, and was the first woman elected to the Spokane County Court. She took office on November 21, 1988. Today The Honorable Kathleen M. O’Connor she is the senior member of that bench.

In addition to her work in the court, Judge O’Connor has served as a mentor to many attorneys in Spokane County.

Judge O’Connor is highly regarded in the legal community as a fair and hard-working jurist, who is considered to be an excellent model for all attorneys and fellow jurists.

Dick Manning and US Supreme Court Justice Samuel Alito

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Chief Justice Mike McGrath, Montana Supreme Court Mike McGrath, a 1975 alumnus of Gonzaga School of Law, was elected to serve an eightyear term as chief justice of the Montana Supreme Court in November, 2008. He was sworn into office in January 5, 2009. Following graduation from law school Mike worked as a Reginald Heber Smith Community Lawyer fellow in Reno, Nevada, providing legal services to low-income clients. He also served in the United States Air Force from 1970 to 1972, receiving an honorable discharge in 1972.

Mike was an Assistant Attorney General for the state of Montana, from 1977 to 1982.

He then was elected Lewis and Clark County Attorney and served from 1982 to 2000, followed by two terms as Montana Attorney General from 2000 through 2008. As attorney general he oversaw a staff of more than 700, and focused on methamphetamine prevention and natural resource and land issues.

1977 David Cook of the class of 1977, has joined the San Francisco office of Deloitte Financial Services, LLP as director of business intelligence services.

Steven Thomsen, class of ’77, was appointed as a magistrate judge for the Idaho Sixth Judicial District on July 2, 2007. Steven lives in Pocatello, Idaho.

THANK YOU – SPOKANE COUNTY BAR ASSOCIATION

SCBA

1975

Gonzaga University School of Law thanks the Spokane County Bar Association for their generous involvement in the life of Gonzaga Law School. We appreciate your generosity and the dedication you provide to our students, faculty, and staff.

Class action

County Attorney of Cochise County, Arizona, Ed Rheinheimer

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In November 2008, Ed Rheinheimer, a 1979 graduate of Gonzaga Law School, was reelected to a second four-year term as County Attorney of Cochise County, Arizona. Cochise County is located in the southeast corner of the state of Arizona, bordering Mexico to the south and New Mexico to the east. The county includes the historic cities of Tombstone and Bisbee.

Michael Zdancewicz has joined the Phoenix, Arizona law firm of Schneider and Onofry P.C. as partner.

KPMG LLP, the U.S. audit, tax and advisory firm, announced that Laurie M. Hatten-Boyd has been elected to the U.S. firm’s partnership. Hatten-Boyd, who joined KPMG in 2003, provides tax services to financial service clients. Her additional responsibilities include working in the information reporting practice, and withholding and reporting on crossborder transactions. Hatten-Boyd serves as a member of the Washington State Bar Association. Hatten-Boyd earned her J.D. from Gonzaga School of Law in 1998, and a Masters of Law from Georgetown University Law Center. She resides in Seattle, Washington with her family.

Class of 2000 alumna Laura D. McAloon, has been named a partner in K&L Gates’ Spokane/Coeur d’Alene office. Laura’s practice focuses on general municipal law, transportation, and municipal finance.

1996 Heiko Coppola married Elizabeth Crosby on January 18, 2009, at The Academy in Vancouver, WA. Heiko is an Assistant United States Attorney for the Eastern District of California.

The couple honeymooned in Maui and currently reside in the Sacramento, California area.

2001 Geraldine Barretto-Ko, ’01, was recently promoted to shareholder at the firm of Marquis & Aurbach in Las Vegas, Nevada. Geraldine heads the estate planning department for the firm and practices in the areas of asset protection, estate planning, probate guardianships and estate and gift taxation.

Geraldine and her husband are expecting their first child this July.

1999

1981

Jennifer Auchterlonie, class of ’99, received a Special Commendation from the tax division of the U.S. Dept of Justice, on October 29, 2008, for her work on the case of Bluetooth SIG, Inc., v. United States, Civ. No. 05-1778-JCC (W.D. Wash.). The case was a federal tax refund suit Jennifer D. Auchterlonie, brought by the Bluetooth group, recipient of Special concerning the group’s claimed Commendation from tax-exempt status as a business USDOJ Tax Division league under Section 501(c)(6) of the Internal Revenue Code. The District Court entered summary judgment in favor of the United States, and the case is currently on appeal to the Ninth Circuit. Jennifer currently works for the DOJ in Washington D.C.

Randall | Danskin, P.S. is pleased to announce that Thomas W. McLane officially joined the firm as a principal on January 1, 2009. He was formerly a partner with Allen & McLane in Spokane.

McLane received his law degree in 1981 from Gonzaga University School of Law, and his LL.M. in labor law from the National Law Center at George Washington University.

Mr. McLane’s practice emphasizes employment and labor law, and he is a frequent lecturer on a wide range of employment law topics.

1982 Heiko Coppola marries Elizabeth Crosby

Connie J. Mableson, class of ’82, has opened her solo practice, Connie J. Mableson, PLLC in Phoenix, Arizona. Some of Connie’s specialties include: corporate and LLC formation, intellectual property, commercial and business contract Connie J. Mableson and agreements, and litigation.

Class of ’96 alum, Arlene Wiese, has been named vice president for 2009, for the North Texas Society of Healthcare Risk Management (NTSHRM). Arlene is an attorney with Hermes Sargent Bates, LLP, based in Dallas, Texas. Her practice is devoted primarily to healthcare, medical malpractice, and commercial litigation, including mass tort litigation, products liability, premises liability, and environmental and toxic tort litigation.

1985 Mary-Margaret Dalton Burgdorff, class of 1985, was appointed judge of the Superior Court of the state of Connecticut by Governor M. Jodi Rell in February 2009.

Arlene Wiese

Benjamin Coleman, class of ’01, was recently promoted to principal at Witherspoon, Kelley, Davenport & Toole.

His practice is focused on medical malpractice defense, commercial litigation and health care transactions.

2002 Dianne K. Rudman, ’02, has been hired by Stamper Rubens P.S., of Spokane, as an associate attorney. Dianne’s practice will be primarily in the areas of elder law, estate planning, probate, and civil litigation.

Jennifer Severson, class of 2002, will assume the presidency of the Association of Legal Administrators, San Diego Chapter in April. Jennifer works at Luce Forward Hamilton in San Diego.

Matt Ukishima, class of ’99, was recently made a partner with the firm of Smith Freed & Eberhard, a litigation law firm based in Portland, Oregon.

Matt’s practice focuses on the defense of products liability and other commercial claims with an emphasis on commercial transportation litigation.

In Matt’s 10 years of experience as a litigator, he has defended against numerous multi-million dollar claims.

Matt Ukishima

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Rising stars

Each year Law & Politics magazine selects its Washington Rising Stars Super Lawyers. The magazine invites attorneys across the state to submit candidates who are considered the best up-and-coming attorneys, 40 years old or younger, or who have been in practice 10 years or less, that they have personally observed in action.

Class action

Gonzaga is proud of the following alumni who were designated “Rising Stars” for 2009:

2003 The ACC Mountain West Chapter honored SUPERVALU Attorney Vonda Hall, at its annual Idaho/Montana Awards Gala November 19, 2008. Vonda received the 2008 Corporate Counsel Community Service/ Probono Award. This prestigious award honors corporate counsels who are influential leaders in their communities. Ms. Hall also serves on the board of directors SUPERVALU Attorney Vonda Hall for the Intermountain West Chapter of the Association of Corporate Counsel. She is a member of the Class of 2003, and was a Thomas More Scholar.

Intellectual Property Devon Pritchard, Nintendo of America, Redmond

Business/Corporate

Personal Injury Defense: General

Brett Amrine, Ogden Murphy Wallace, Wenatchee Michael J. Thorner, Thorner Kennedy & Gano, Yakima

David L. Force, Carlson McMahon & Sealby, Wenatchee Anne M. (Branstad) Loucks, Hackett Beecher & Hart, Seattle

Construction Litigation

Personal Injury Defense: Medical Malpractice

John C. Dippold, Carney Badley Spellman, Seattle Jason M. Kettrick, Carney Badley Spellman, Seattle Christina Gerrish Nelson, Ahlers & Cressman, Seattle

Ryan M. Beaudoin, Witherspoon Kelley Davenport & Toole, Spokane Edward J. Bruya, Keefe Bowman & Bruya, Spokane Benjamin S. Coleman, Witherspoon Kelley Davenport & Toole, Spokane Angela M. Hayes, Randall & Danskin, Spokane Dan J. Keefe, Helsell Fetterman, Seattle

Criminal Defense: DUI/DWI John M. Brangwin, Woods & Brangwin, Wenatchee

Employment & Labor

Real Estate

Estate Planning & Probate Ryan D. Rein, Riddell Williams, Seattle Jesse D. Rodman, McGavick Graves, Tacoma

General Litigation Jessie L. Harris, Williams Kastner, Seattle Brandon L. Johnson, Minnick-Hayner, Walla Walla Brian P. Waters, Patterson Buchanan Fobes Leitch & Kalzer, Seattle Daniel G. Lloyd, City of Vancouver Attorney’s Office, Vancouver

Lauren Altdoerffer, of the Criminal Justice Legal Foundation, recently published two briefs which were submitted to the U. S. Supreme Court: Baze v. Rees, 553 U.S. ___ (2008), concerning lethal injection, and Rivera v. Illinois, which has not yet been decided. Anyone interested in the cases can go to www.scotuswiki.com for the relevant information (case briefs, lower court opinions, and legal expert commentary). Lauren’s work has also been quoted by Justice Ruth Bader Ginsberg in one of her recent opinions.

Professional Liability: Defense Vanessa M. Vanderbrug, Lawrence & Versnel, Seattle

Rachel E. Miller, Dionne & Rorick, Seattle

2007

Lauren Altdoerffer

Business Litigation Charles A. Lyman, Bullivant Houser Bailey, Seattle

Magnus R. Andersson, Hanson Baker Ludlow Drumheller, Bellevue Aleana W. Harris, Alston Courtnage & Bassetti, Seattle Eugene W. Wong, Lasher Holzapfel Sperry & Ebberson, Seattle

Securities & Corporate Finance Brian B. DeFoe, Nordstrom, Seattle

Tax Eric J. Sachtjen, Workland & Witherspoon, Spokane

Elizabeth Meehan and Paul Slaney

2008 Elizabeth Meehan and Paul Slaney were married on August 9, 2008 in Portland, Oregon at the First Unitarian Church.

In attendance from Gonzaga Law School were Jacob Scott, Michael Hatchett, Taylor Hallvik, Bennet Taylor, Christopher Storz, Charles Gillis, Alison Milne and Sunset Crispin.

Bo Howell has accepted a position with the SEC, Division of Investment Management, as an Advance Commitment Program attorney, and will move to Washington, DC in August 2009. Bo is currently clerking for Justice Mark Gibbons of the Nevada Supreme Court.

Brian Bowen has been hired as a new associate in the Business Services section of McDonough Holland & Allen, PC in its Sacramento office. Mr. Bowen received his J.D. from Gonzaga Law School in 2007, and his LL.M. in taxation from New York University School of Law. Mr. Bowen was a judicial intern for the Honorable Bruce S. Jenkins of the U.S. District Court in Salt Lake City and a summer associate for Abbey, Weitzenberg, Warren & Emery in Santa Rosa, Calif.

Erik J. Lamb, class of 2008, has been hired as a new associate with the firm of Koegen Edwards LLP. Mr. Lamb previously interned with the City of Spokane.

STAY CONNECTED. An online community exclusively for Gonzaga Law School alumni that lets you:

www.law.gonzaga.edu/alumni

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1. Point your web browser to www.law.gonzaga.edu/alumni 2. Click on First Time Login 3. Search your name 4. Enter your I.D. number – the code located above your name on the address label

Alumni events

Left: Dean Earl Martin and Jim McLaughin, ’78 Right: Ryan Alexeev, ’08, Jennifer Severson, ’02, Dan Morissey and Rondi Thorp, ’02

Olympia Alumni

The Hon. Kathleen Delaney, JoAnn Gibbs ’94, Attorney General Catherine Cortez Masto ’90, Renee Reuther ’90

San Diego Alumni Reception – January 7, 2009

Olympia Alumni Reception – February 24, 2009

Las Vegas Alumni Reception – March 5, 2009

Janice Brown, ’83, hosted a Gonzaga law alumni reception at the University Club in downtown San Diego. Professors Gerry Hess, Dan Morrissey, and Mary Pat Treuthart, joined Dean Earl Martin in welcoming GU San Diego alumni.

Above: Valerie Salter, ’06, Connie Mableson, ’82 and Mark Lischwe, ’81 Below: Madeleine Wanslee, ’88 and Brian Mullen, ’06

Steve Connolly, ’77 and John Etter, ‘77

Phoenix Alumni Reception – December 14, 2008

Portland Alumni Reception – February 4, 2009

Madeleine Wanslee, partner at the firm of Gust Rosenfeld PLC, and class of ’88 law alum, hosted an alumni reception in Phoenix, Arizona. Dean Earl Martin updated the alumni on the latest developments at the law school.

Steve Connolly, managing partner of Garvey Schubert Barer hosted an alumni reception and CLE. Dean Earl Martin presented on, “The Millennial Generation Entering the Practice of Law.”

Gonzaga Law School honored the justices of the Washington State Supreme Court at an alumni reception at the Temple of Justice. Dean Earl Martin thanked all of the justices for their time in assisting Gonzaga Law students with a variety of activities at the law school.

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

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Catherine Cortez Masto, a 1990 graduate of Gonzaga School of Law and the current Attorney General of the State of Nevada, was a special guest at the Las Vegas GU law alumni reception. Renee Reuther, class of ’87, hosted the reception at her firm Rice Silbey Reuther and Sullivan.

Gonzaga’s

Heritage Society

in memoriam The Gonzaga University School of Law extends its deepest condolences to the families and friends of the following alumni and friends.

Jack Bennett, J.D. 1949

Edward J. Leary, J.D. 1974

John Troup, J.D. 1954

Kristen Cassidy, J.D. 1977

Charles Nagle, J.D. 1983

Thor Ulvestad, J.D. 1939

The Hon. Richard M. Ishikawa, J.D. 1957

John O’Connor, J.D. 1954

Vivian Winston

Joyce Workland

A well-known friend to many in the Spokane community, Vivian Winston, widow of Patrick Winston, the founder of Spokane law firm Winston Cashatt, was a recipient of the Liberty Bell Award from the Washington State Bar Association and was active in community issues well into her 80s. Mrs. Winston was one of the original founders of Women Helping Women, and was always looking for ways to help those less fortunate than herself.

In her early years, her family moved from Lewiston to Spokane, Washington, where she completed her education. Joyce married James J. Workland ’64, and they had recently celebrated their 50th wedding anniversary. She is survived by her husband and three sons, Steven, Gregory, ’86, and James, Jr., of Spokane, Washington. Joyce is also survived by two granddaughters, Nichole Brownlee, ’05, and Stephanie Workland. Joyce was an avid golfer who loved to play with her “ladies” at Indian Canyon golf course. She fondly referred to the Canyon as her “Golf Club.” Though small in stature, she became a giant when she made a hole-in-one at the old 4th hole Canyon, which delighted the city’s golf professionals.

in memorY

in memorY

of

of

Vivian Winston

Joyce Workland

1911 – 2009

1935 – 2008

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“As members of Gonzaga’s Heritage Society, the Myers have made the decision to add to the Smithmoore P. Myers Endowed Chair as the main beneficiary of their combined estate.”

Smithmoore “Smitty” Myers is one of the most extraordinary individuals to impact the Gonzaga School of Law. A summa cum laude graduate of both Gonzaga University and Gonzaga Law School, Smitty began his career 70 years ago as a clerk for the Spokane Superior Court. After serving in the Navy in WWII, he practiced law in the Puget Sound area before returning to GU as the Dean of Gonzaga Law in 1955. Smitty was appointed US Attorney in 1966, later returning to Gonzaga to oversee the direction and growth of the law school at GU. In 1979, Smitty became the US Magistrate Judge for Eastern Washington. He retired from full-time judicial duties in 1987 and from teaching in 1995.

Sandy and Smitty married in 1982. Together, the Myers have made the decision to add to the Smithmoore Myers Endowed Chair as the main beneficiary of their combined estate.

Smitty’s favorite quote on the law: I am, as we all are, familiar with all the famous judicial quotes but the one that sticks in my mind on this particular occasion is from an unknown, aged visiting judge who helped us out in federal court when we were temporarily short of judicial talent. He said, “Never stand up when you can sit down. Never sit when you can lie down; and NEVER NEVER leave the premises without visiting the facilities.”

An endowed fund was created by several law alums to honor Smithmoore Myers upon his retirement. In celebration of Smitty’s 95th birthday, please consider a gift to the Smithmoore P. Myers Endowed Chair as a tribute to Smitty’s heartfelt dedication to the Gonzaga School of Law. Make your secure gift online at www.law.gonzaga.edu/ or by mail. Questions, please contact Nancy Fike, Director of Development 509.313.3605.