Mitchell on Law Spring 2010

Library of the Mind Legal Research in the Conceptual Age

SPRING 2010

WILLIAM MITCHELL COLLEGE OF LAW MAGAZINE

on law

Six questions for Stephen T’Kach ’85 pg 9 Mitchell Students: Real-World Impact pg 18 The 'Tweet' Life of a Blogger pg 26

William Mitchell College of Law Alumni Association 37th Annual

Alumni Golf Tournament Monday, May 24, 2010

Minnesota Valley Country Club in Bloomington Friends, fairways, and a little friendly competition. Does it get any better? Of course not.

It’s the 37th Annual Alumni Golf Tournament and you can learn more and register at wmitchell.edu/golf or by calling Jodie Mammenga at 651-290-6370.

(Early bird discount if registered before April 17.)

Only at Mitchell

hear from people who are not only in the news, but also making it

David Kappos on

A New Vision for the USPTO: What's Next?

Coleman v. Franken One Year Later: A Look Behind the Curtain

Wednesday, April 6, 4:30 pm

Wednesday, April 14, 6:30-8:30 pm

William Mitchell College of Law Auditorium

William Mitchell College of Law Auditorium

Under Secretary of Commerce for Intellectual Property and Director of the U. S. Patent and Trademark Office (USPTO) David Kappos will visit Mitchell this spring to speak with entrepreneurs and innovators, and share his vision for a more innovation-friendly U.S. patent system.

Charges of voter disenfranchisement. A controversial hand recount.

High-stakes courtroom drama. In the end, Al Franken prevailed and became Minnesota’s newest U.S. senator.

The event is free and open to the public. Seating is limited.

Register at wmitchell.edu.

Now, one year later, join William Mitchell Professor Raleigh Levine as she moderates a discussion with many of the key players.

She’ll talk to judges, election officials, and a journalist about what happened, what worked, and what we need to change.

The event is free and open to the public. Seating is limited.

Register at wmitchell.edu.

Mitchell on Law

Table of Contents

Mitchell on Law 12

Volume 28, No. 1

12 Library of the Mind

Published by the Office of Institutional Advancement William Mitchell College of Law 875 Summit Ave., St. Paul, MN 55105-3076 651-290-6370 fax: 651-290-7502 magazine@wmitchell.edu wmitchell.edu/alumni

Executive Editor Steve Linders

Art Direction Pamela Belding

Editor Chris Mikko Custom Publishing Services The Coghlan Group

Graphic Design and Illustration

Writing

Sara Aase Lisa Harden Meleah Maynard Jenny Sherman

By Meleah Maynard As society transitions from the Information Age to the Conceptual Age, the Warren E. Burger Library innovates to keep alumni and students on the cutting edge of legal research in a new era of decentralization, enhanced technology, and a move away from bricks and mortar

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18 Real-World Impact

By Steve Linders For nearly 35 years, Mitchell’s clinical program has helped students gain real-world experience.

Today, its impact is felt throughout the globe

Pamela Belding Melinda Bianchet

Photographers Raoul Benavides Tim Rummelhoff Sarah Whiting Steve Woit

26 The 'Tweet' Life of a Blogger

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By Sara Aase How Twitter and blogs can extend your reach

28 All in the Family

President and Dean Eric S. Janus

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Chair, Board of Trustees Mary Cullen Yeager ‘89

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Kathleen Flynn Peterson ‘81, vice chair; Judge Elizabeth H. Martin ‘80, secretary; James C. Melville ‘90, treasurer; Louis L. Ainsworth ‘77;

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Justice’s Federal Witness Security Program

Lynn M. Anderson ‘80; Lawrence T. Bell ‘79; Stephen R. Bergerson

Departments

‘74; Stephen B. Bonner ‘72; Patricia Ann Burke ‘78; Mary C. Cade

2 875 SUMMIT: News and updates from the

‘77; Jeffrey P. Cairns ‘81; Richard R. Crowl ‘76; John H. Hooley ‘80;

William Mitchell campus and community

Stephen R. Lewis Jr.; David M. Lilly Jr.; Martin R. Lueck ‘84; Mark A. Metz ’97; Joseph S. Micallef ‘62; Ruth A. Mickelsen ‘81; Daniel P. O’Keefe ‘78; Ben I. Omorogbe ‘95; Peter M. Reyes Jr. ‘97; Lenor A.

10 Off the Beaten Track: How chance,

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irreverence, and lessons learned in Evidence class helped Bill White ’82 turn a “moribund, boring old rag” into a publishing empire

Scheffler ‘88; William R. Sieben ‘77; Marschall I. Smith; Gregory J. Stenmoe ‘81; Thomas W. Tinkham; Eric C. Tostrud ‘90; William A. Van

16 Mitchell in FOCUS: Meet the Mitchell faculty

Brunt; Judge Wilhelmina M. Wright; Donald F. Zibell ‘62

Alumni Association President Mark A. Metz ‘97

22 A Gift for the Future: Robert Hillstrom ’70

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looks at how William Mitchell changed his life, and casts an eye to the future with a scholarship

Alumni Association Board of Directors

25 Scholarship: A scholarship is allowing David

Jocelyn L. Knoll ‘92, vice president; Thomas C. Baxter ‘94;

Abraham to focus on what really matters: working hard

Jennifer F. Beck-Brown ‘03; Peter Berge ’83; Timothy E. Bianchi ‘95; Mark V. Chapin ‘82; John M. Degnan ‘76; Jill Esch ’03; Judge Jill Flaskamp Halbrooks ‘85; Mark A. Hallberg ‘79; Michelle A. Hatcher ‘98; Lee A. Hutton III ‘02; Imani S. Jaafar-Mohammad ‘04; Nicole James-Gilchrist ’03; Kathy S. Kimmel ‘96, secretary-treasurer; Barbara J. Klas ‘91; William M. Orth ‘80; Judge George T. Stephenson ‘85;

Spring 2010

6 Things About

Stephen T'Kach ’88

By Jenny Sherman Stephen T'Kach '88, director, U.S. Department of

Board of Trustees

Robert G. Suk ‘70; Sylvia I. Zinn ‘84

By Meleah Maynard For nearly a century, members of St. Paul’s Faricy family have attended William Mitchell, and younger generations have every intention of continuing that tradition

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30 Class Notes 36 To the Point—Message from Dean Janus

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Cover: Photo of Simon Canick by Steve Woit, photocollage by Pamela Belding using elements from istock.com and a Wordle designed by Simon Canick.

Read the magazine online @ wmitchell.edu/alumni

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News and updates from the William Mitchell campus and community

Mitchell faculty share expertise with national law school colleagues Seven William Mitchell faculty members shared their scholarship, practice, and teaching expertise at the Association of American Law Schools (AALS) 2010 Annual Meeting in New Orleans last January. The meeting is the world's largest gathering of law faculty. Each year more than 3,500 people meet to discuss issues of importance to legal education.

Mitchell speakers were: • Professor Deborah A. Schmedemann, "Developing Best Practices in Pro Bono Programs and "New Approaches to Teaching Contracts"

• Andriel M. Dees, associate dean for multicultural affairs, "Transforming an Economic Downturn into an Opportunity to Teach Professionalism" • Professor Afsheen John Radsan, "National Security and Iran" • Professor Christina L. Kunz, "New Approaches to Teaching Contracts" • Professor Donna M. Byrne, "Food, Law, and Values" • Professor A. Kimberley Dayton, "A New Look at Old Age" • Professor Daniel Kleinberger, "Entity Good Faith" In addition, Professor Gregory Duhl was appointed to the AALS Standing Committee on Bar Admission and Lawyer Performance.

Longtime adjunct, lawyer, and judge Patrick W. Fitzgerald, dies at age 82 Patrick W. Fitzgerald, a longtime judge, lawyer, and adjunct professor at William Mitchell, died Jan. 22, 2010. He was 82.

Fitzgerald, a Rochester, Minn., native, was a trial court litigator for 22 years, working for his uncle and in his own practice. During his career as a trial litigator, he was recruited to teach the evening Evidence class at Mitchell. He taught the course from 1954 to

1994 while compiling a record of distinction on the Hennepin County bench.

“I remember Pat as a brilliant teacher of Evidence,” says Professor and former Dean Douglas Heidenreich. “He shared his experiences and wisdom with many generations of law students, all of whom remember him with respect and fondness.”

Career and Professional Development Office restructures to better serve alumni and students The Office of Career and Professional Development recently added two new counselors—both of whom are Mitchell graduates—and a new program administrator. The office now employs four J.D. counselors with practice experience including corporate counsel, federal prosecution, public defense, and small/solo private firm work. The professionally diverse staff has a strong connection to the legal community and a commitment to serving our students and alumni.

New staff members include: Assistant Director Melissa Wright ’93 was senior counsel at Wells Fargo for nine years.

She was responsible for retaining outside legal counsel, managing litigation, and advising and counseling management on employment matters. Previously, she was an assistant attorney general at the Minnesota Attorney General’s Office.

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Assistant Director Jeffry Martin ’03 worked full time during law school as an adult probation officer for Ramsey County Corrections. After graduating, he worked for the St. Paul City Attorney’s Office as a community prosecutor and then joined the State of Minnesota Board of Public Defenders as a Ramsey County assistant public defender. He also opened his own law practice. He has mentored and taught law students through Mitchell's Neighborhood Justice Center Clinic and teaches Constitutional Law, Introduction to the Criminal Justice System, and Introduction to the American Legal System for Metropolitan State University.

Read more news online @ wmitchell.edu/alumni

Mitchell on Law

Photo by Sarah Whiting

Meet Abigail Wahl,1L

From left: Abigail Wahl, with her grandmother, Rosalie Wahl '67, and aunt, Sara Wahl '76

Abigail Wahl has strong family ties to Mitchell, but is forging her own path as a single mom of two, Mitchell Fellow, and successful law student I took the LSAT practice exams in my car because my house was too noisy and I didn’t have time to go to the library.

People may think I have it made because of my family. But I didn’t tell them I was applying to law school until I got my first acceptance letter. I ask them for advice, but they still expect me to work hard and get good grades.

My Grandma Posy (Rosalie) Wahl and Aunt Sara (Wahl ’76), head of the Hennepin County Attorney Office’s Employment Section, taught me that it is possible to have a family and a successful career.

I am most proud of being a mom to my two daughters—

To me, law school is a privilege, not a punishment. It is hard work, but you get to read interesting cases, attend classes with bright people, and learn from the best professors in the Twin Cities.

I spent a night at Eunice Shriver’s house during college.

I had just joined Mark Shriver’s congressional campaign in Maryland and had nowhere to sleep, so I stayed at his mother’s home.

I am addicted to MPR and have published columns on immigration reform and the cost of early childhood education in the Star Tribune and MPRNEWSQ.org, respectively.

Alina, 5, and Rosalie, 2—and going to law school.

Someday, I want to ask my uncle (U.S. District Judge

My 1L surprise is that I love Contracts because it draws

Michael J. Davis) about his decision in the groundbreaking music downloading case, Capitol v. Thomas. I think about it every time I buy a song.

from case law, the U.C.C., and international law. Professor Christina Kunz is an amazing teacher who really makes you think.

Spring 2010

My grandmother gave me a complete copy of her jurisprudence when she retired from the bench. I was 13.

Now I look forward to reading her opinions carefully.

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News and updates from the William Mitchell campus and community

Professor Peter Erlinder’s ICTR expertise spans globe William Mitchell Professor C. Peter Erlinder is among the few attorneys in the world who have seen the inner workings of the International Criminal Tribunal for Rwanda (ICTR).

And now he is sharing his experiences with scholars and practitioners across the globe.

Erlinder has worked as a defense attorney for the ICTR since 2003, representing former Rwandan Major Aloys Ntabakuze, who is appealing a 2008 conviction for genocide and other war crimes.

Recently, Erlinder organized the first ICTR Defense Conference at The Hague, Netherlands. More than 120 international criminal defense lawyers, scholars, historians, human rights activists, and experts in Rwandan culture attended.

In April 2010, Erlinder will address the Minnesota State Bar Association’s Criminal Law Section and discuss who should and should not be prosecuted at the ICTR.

>> Visit Erlinder's Rwanda Documents Project at rwandadocumentsproject.net

Judge Edward Toussaint to join William Mitchell faculty Judge Edward Toussaint has served in Minnesota’s judiciary for nearly 30 years. He’s been appointed to the Hennepin County District Court. He’s served as a workers’ compensation judge. And, most recently, he’s been the chief judge of the Minnesota Court of Appeals since 1995. Starting fall semester 2011, he’ll add another title to his resume: Distinguished Professor of Law at William Mitchell College of Law. The Mitchell board of trustees unanimously and enthusiastically approved Toussaint’s future appointment at their February meeting.

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“I could not be more pleased,” says Eric Janus, Mitchell’s president and dean. “Judge Toussaint is the type of role model we want for our students. In addition to exemplary experience, he brings professionalism, an enduring commitment to public service, and humility to our classrooms.

He exudes the kind of values for which Mitchell stands.”

Toussaint, who has taught as an adjunct professor at Mitchell for nearly 20 years, will teach Evidence and Civil Procedure, mentor students, and assist with student recruiting.

Toussaint earned his J.D. from DePaul University Law School. He began his career as a claim counsel for American Family Insurance before serving as a workers’ compensation judge and joining the Workers’ Compensation Court of Appeals. In 1992 he was appointed to the Hennepin County District Court. In 1995 he was appointed chief judge of the Minnesota Court of Appeals and was reappointed in 1998, 2001, 2004, and 2007.

Read more news online @ wmitchell.edu/alumni

Mitchell on Law

Professor Daniel S. Kleinberger: national expert on business entity law When lawmakers, lawyers, scholars, and even judges across the country have a question about the law of business entities, they often rely on the views of William Mitchell Professor Daniel S. Kleinberger, an authority in the law of LLCs and closely held businesses.

Recently, the Nebraska State Bar Association (NSBA) sought Kleinberger’s advice on revising Nebraska’s LLC Act in the

state legislature. His presentation to the NSBA’s Business Law Section drew praise from Section Chair Julie Karavas: “Your knowledge of the Uniform Act, coupled with your practical experience of forming and assisting clients with the operation of LLCs, makes you a very valuable resource to us as we move forward. And the coupling of such theoretical and practical knowledge gave you the appropriate credibility necessary for a presenter to a group of practitioners.”

More recently, the office of the Maine Secretary of State sought Kleinberger’s views on “low-profit limited liability companies.” Kleinberger’s highly critical assessment (“unnecessary, unwise, and inherently misleading”) was included as an appendix to the Secretary’s report to the Maine legislature.

Environmentalist Winona LaDuke met with Indian law faculty members Sarah Deer and Colette Routel before speaking to a full house on indigenous thinking on sustainability at William Mitchell last November.

Professor Erstling speaks at China Trademark Festival Professor Jay Erstling delivered the welcoming address at the Development Summit on Cooperation between Chinese and Foreign Trademark Agencies at the Third China Trademark Festival in Qingdao, China.

Erstling, former director of the Patent Cooperation Treaty and advisor to the director general of the World Intellectual Property Organization in Geneva, was one of only a handful of foreign guests invited among 700 trademark attorneys from throughout China. He joined Mitchell’s IP faculty in 2007 and is of counsel at Patterson, Thuente, Skaar and Christensen in Minneapolis.

“In our flat world, international trade is crucial,” Erstling said in his address. “As China becomes more of an economic power, with the most trademark applications filed in the world, we need to have a cross-cultural understanding of intellectual property issues.”

Spring 2010

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News and updates from the William Mitchell campus and community

Professor Ken Port’s latest book examines constitutionality of Japanese military Professor Kenneth L. Port, director of Mitchell’s Intellectual Property Institute, published a new book in November 2009 that resolves the “great contradiction” of Japanese constitutional law. In Transcending Law: The Unintended Life of Article 9 of the Japanese Constitution (Carolina Academic Press), Port explains how Japan has managed to amass the fourthlargest military in the world by dollars spent, yet is seemingly prevented from rearming under Article 9 of its constitution. Port reveals there are two versions of Article 9: the English-language version, crafted after World War II by Occupation forces, which insists on Japanese pacifism, and the Japanese version, which is far more imprecise.

LAMP Clinic Supreme Court win ends 'pay for stay' in county jails Mitchell’s Legal Assistance to Minnesota Prisoners (LAMP) Clinic successfully challenged a Minnesota law before the Minnesota Supreme Court. The statute required inmates to pay costs of confinement before and after conviction. The LAMP Clinic argued that the inmates should only pay after conviction.

Rashmi Seneviratne ’09, who was then a student with the LAMP Clinic, argued the case before the District and Appeals Court. Bradford Colbert, LAMP director and resident adjunct professor, argued before the Supreme Court.

Colbert and Seneviratne argued that the statute only permitted counties to charge after conviction; otherwise, the statute was unconstitutional because charging someone before they are convicted violates their rights to equal protection and due process. The Court examined the language of the law and ruled in December 2009 that it did not allow counties to charge for confinement before convictions.

>> Read more about this case at wmitchell.edu/payforstay

>> Read more about Professor Port's book at wmitchell.edu/article9

Legal Research Tips from the Mitchell Reference Librarians

Google Scholar: an exciting development in free legal research If you’re in the market for some information about U.S. Supreme Court decisions, the reference librarians at the Warren E. Burger Library suggest you try a new search tool created by the good folks at Google: Google Scholar (scholar.google.com). It allows full-text searching of U.S. Supreme Court cases back to 1791, as well as federal district cases, appellate, tax, and bankruptcy decisions back to 1923.

State appellate decisions since 1950 are also included.

Cases are displayed in Google’s minimalist style, without headnotes, synopses, or annotations. Page numbers are shown in the margins. Google Scholar supports basic and

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advanced searching, and searches can be restricted by jurisdiction. Advanced search supports some boolean search features, but without the precision of terms and connectors searching.

It also features a "How Cited" tab, which displays cases that have cited to the case being displayed. However, these results are displayed by relevance (not date), and there is no indication of the impact of the subsequent decision on the initial case.

Google Scholar is free and accessible anywhere you have an Internet connection.

Read more news online @ wmitchell.edu/alumni

Mitchell on Law

Professor Thuy Vo elected to American Law Institute William Mitchell Professor Thuy-Nga T. Vo is among 47 distinguished legal scholars and practitioners from throughout the world elected to the American Law Institute (ALI).

Election is one of the highest honors in the legal profession and is based on professional achievements and demonstrated interest in improving the law.

Members draft, discuss, revise, and publish Restatements of the Law, model statutes, and principles of law which are influential in courts, legislatures, and legal education in the United States and abroad.

Vo, an experienced business law practitioner, was a visiting professor during the 2006-07 school year. She joined the Mitchell faculty full time in fall 2007 and now teaches business law courses.

Vo earned her J.D. from Harvard University Law School, and has practiced in corporate law, securities regulation, partnerships and joint ventures, mergers and acquisitions, and banking and finance.

Other Mitchell faculty who are ALI members include President and Dean Eric Janus; Professors Douglas Heidenreich ’61, Daniel Kleinberger, Christina Kunz, J. David Prince, and Michael Steenson; Adjunct Professor David Herr ’78; Dean Emeritus Harry Haynsworth; Professor Emeritus Ken Kirwin; Minnesota Chief Justice Eric Magnuson ’76; former Minnesota Supreme Court Justice Rosalie Wahl ’67; and board of trustees member Judge Wilhelmina Wright of the Minnesota Court of Appeals.

Public Health

Law Center

at William Mitchell College of Law

Tobacco Law Center celebrates 10th anniversary with expansion, name change The Tobacco Law Center at William Mitchell will soon become the Public Health Law Center at William Mitchell.

The change is the result of one thing: success. Since opening in 2000, the center has established itself as a venerable legal resource for Minnesota communities interested in passing smoke-free laws. Over the decade, the grant-funded nonprofit organization has been so successful that state governments and federal agencies such as the Centers for Disease Control and Prevention and the Food and Drug Administration have turned to it for legal assistance on a wide range of public health issues. The new name reflects expansion in both the size of the center— from one to nine attorneys—and the areas of law in which it works.

Spring 2010

Mitchell students receive 2010-11 judicial clerkships in state appellate courts

Eight Mitchell students were selected for 2010-11 judicial clerkships in state appellate courts after they graduate in May 2010.

Carol Washington and Emily Polachek will clerk for Minnesota’s Chief Justice Eric Magnuson ’76, and James Graves will clerk for Justice Helen Meyer ’83 at the Minnesota Supreme Court. Students selected for Minnesota Court of Appeals clerkships are: Emily Babcock, Judge Kevin Ross; Laura Bartlow, Judge Wilhelmina Wright; Molly Burke and Jim Wilson, Judge Harriet Lansing; Wyatt Partridge, Judge Terri Stoneburner; and Paul Sand, Judge Matthew Johnson ’92.

In addition, Mitchell alumni Brian S. Carter ’09 was selected for a 2010-11 federal clerkship with U.S. District Court Judge Joan Ericksen in Minnesota; Leah Boomsma ’09 will clerk for Judge Kermit Bye, U.S. Court of Appeals, Eighth Circuit, in 2010-11; and Shubha Harris ’09 will clerk for Judge Betty Fletcher, U.S. Court of Appeals, Ninth Circuit, in 2011-12.

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alumni LINK Join us for the next Alumni Happy Hour March 31, 2010 | 5:30-7pm | Axel’s Bonfire (Porch Room) 850 Grand Ave., St. Paul | The food’s on us!

Alumni Association

Updated Alumni website keeps you connected 24/7 Looking for a Mitchell CLE? Need help with career planning? Want to volunteer? Get connected 24/7 at wmitchell.edu/alumni. Check out these new features on the Alumni website: · Services available to you—what Mitchell offers alums · Volunteer and service opportunities—ways to give back · Alison’s Blog—dish from Alumni Relations Officer Alison Morris · Alumni Association Board News—the latest from President Mark Metz ’97 · Alumni Spotlight—interesting/unusual jobs and interests Join us in celebrating 10 years of the Women in Law Tea and the renaming of the event in honor of Justice Esther Tomljanovich. Learn more about the two CLEs preceding the tea and register at wmitchell.edu/tea.

· Stay Connected—via Facebook, LinkedIn, eNewsletter, and email.

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Tell us where you are @! Send your preferred email address to alumni@wmitchell.edu.

Immerse yourself in issues of critical global importance this summer at Mitchell in London This summer, Mitchell alumni are invited to be part of Mitchell in London and study in one of the world’s leading centers of business, trade, government, and research.

This popular study abroad program is open to Mitchell alumni on a first-come, first-served basis. Registration deadline is April 1, 2010.

Classes will be held at BPP Business School, a leading provider of legal education in the United Kingdom.

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You will earn 20 CLE credits for each four-day session.

The $1,200 cost includes books, course materials, and related receptions and tours. You’re responsible for your own air, lodging, and ground transportation.

>> Learn more at wmitchell.edu/London. Register by calling 651-290-6370.

Read more news online @ wmitchell.edu/alumni

Mitchell on Law

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S ix Things About...

Stephen T'Kach ’88, director of the

Federal Witness Security Program, can neither confirm nor deny his current location, but he can speak candidly about his duties, his hobbies, and the dangers of Facebook

Though many crime dramas embellish the details, the U.S. Department of Justice’s Federal Witness Security Program (also called the Witness Protection Program) works pretty much as it’s usually portrayed—it relocates witnesses to keep them safe. The program’s director, Stephen T’Kach, had a background in law enforcement before heading to law school at the age of 27.

After graduating from William Mitchell, he joined the Department of Justice. In 1994, he was asked to take charge of the Witness Security Program, and became the only person to lead it other than Gerald Shur, who established it in 1970. This spring marks T’Kach’s 20-year anniversary with the department.

get sued by witnesses who don’t like how they’re incarcerated. I get sued because someone has been rejected from the program. I deal with civil issues—judgments, divorce, child custody, estates, and even trust issues when witnesses die. More than a third of our witnesses are foreign nationals, so I also deal with immigration law.

1 What are your days like? Are you pushing paper or packing heat?

5 Any advice for new law school graduates?

I travel at least half the month. Since most of the cooperators are criminals, most are incarcerated.

We have seven federal prisons around the country that house nothing but federally protected persons. I get out to each institution twice a year and consult with cooperators about security for themselves and their families, and transportation for trials. I also teach on such subjects as witness security, electronic surveillance, and search and seizure. Other covert operations allow me to go out in the field.

2 Do you let relocated witnesses keep their Facebook accounts?

Excellent question. The challenges of the future will be technologies such as Twitter, Facebook, and MySpace. If you’re trying to relocate a witness and his 13-year-old daughter from Brooklyn to Omaha, well, the daughter grew up on computers, and you’re not going to pull her off. It’s likely she’s going to get back online.

Photo by Steve Woit

3 Ever regret not practicing law?

I didn’t ever anticipate practicing law. I interviewed with some firms, and when it got to the part about billable hours, I went screaming from the room because I knew it wasn’t for me. In this position I practice all sorts of law, however. I deal with constitutional law issues. I

Spring 2010

4 How do you spend your free time?

I do some off-roading in my Jeep. I have hobbies related to electronics. I do a little bicycle riding.

Don’t rule out the federal government as an employer.

Every government agency has lawyers. There are positions that might not necessarily be legal jobs on their surface, including senior management positions in the FBI; Drug Enforcement Agency; U.S. Marshals Service; and Bureau of Alcohol, Tobacco, and Firearms. Each has a general counsel office.

6 Do you ever sit back and think: I have a really cool job?

Well, I remember my first day with the Justice Department. I stood on Pennsylvania Avenue. Justice's headquarters was on one side of street, and FBI headquarters was on the other side. I thought: What have I gotten myself into? But I’ve been in the CIA’s and the National Security Agency’s headquarters.

I’ve been in White House meetings. I never imagined I’d do the things I’ve done and see the things I’ve seen.

—Jenny Sherman 9

From 'Rag' to Riches

How chance, irreverence, and lessons learned in Evidence class helped Bill White ’82 turn a “moribund, boring old rag” into a publishing empire

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Read more news online @ wmitchell.edu/alumni

Mitchell on Law

Off the Beaten Path

By Chuck Benda

Photo by Tim Rummelhoff

Bill White loved law school. Even

today, some of the lessons he learned are fresh in his mind. Like learning in first-year Contracts class to “ask the right questions” and in Evidence class, to lead witnesses to describe what they saw, rather than draw conclusions.

At the time, White didn’t know those lessons would one day form the foundation for a successful career as a writer and publisher—and for becoming an influential voice in the legal community as the founder of Minnesota Law & Politics and Super Lawyers magazines. But he did have an inkling that he wasn’t meant to be a lawyer himself. “My time at William Mitchell was exciting— and inspirational—in a way that undergraduate school wasn’t,” recalls White. “But even then, I had a pretty strong premonition that I wouldn’t spend my life practicing law.”

Although he tried his hand at it a few years—lastly as a partner in the Minneapolis firm of Willeke & Daniels—White’s heart was never into the practice of law. In 1989, a chance encounter at a wedding helped him find his true calling.

A Baby on the Doorstep

At the wedding, White bumped into an old friend, Brett Johnson, who had just acquired the Minnesota Law Journal—a struggling publication with a big pile of debt. Somehow Johnson convinced White to become its editor and publisher. “It was a moribund, boring old rag,” says White, adding that he had exactly zero experience as a publisher or a writer. “Brett didn’t want to be involved. He just left it for me like a baby on the doorstep.”

Fortunately, not long after he agreed to take on the new baby, someone else showed up at his doorstep. As White was struggling to launch his first issue in 1990, a writer named Steve Kaplan came knocking, wanting to sell a story. It didn’t take

Spring 2010

long for White to figure out he had just met the editor of what would become Minnesota Law & Politics.

Mad Magazine Meets the Harvard Law Review

Sticking to the basic premise of giving lawyers something they’d want to read (as epitomized in the publication’s trademarked tagline: "Only Our Name is Boring"), White and Kaplan worked hard to make it so. They enlisted the services of photographer Larry Marcus.

Together, the trio turned out issue after issue of eye-popping magazines.

The (sometimes outrageous) magazine covers led the way.

Modeled after the concept covers of Esquire, according to White, they parodied everything and everyone from Idaho Senator Larry Craig and his infamous airport bathroom stall escapades to Cosmopolitan (“Great Summer Looks for the Courtroom”).

Inside, readers found interesting, wellwritten—and frequently irreverent— stories.

According to long-time friend and former classmate Jule Hannaford ’81, White’s tactics worked on a number of levels. “I think that approaching subjects with a light touch and a sense of humor is often more revealing than using a heavy hand,” says Hannaford. “Bill’s message was to take your work seriously—but don’t take yourself too seriously.”

As White’s style won over readers, the magazine’s popularity attracted suitors. Vance Opperman, former owner of West Publishing, bought a majority interest in the magazine in 1996. (Through later acquisitions, the magazine became part of Opperman’s Key Professional Media Inc.)

Super Lawyers

In 1991, White had come up with the idea of ranking lawyers, much the same way city and regional magazines ranked restaurants. He surveyed the

legal community, starting with a basic question: Who would you hire if you needed a lawyer to represent you? A successful first run in Minnesota Law & Politics—dubbed “Super Lawyers” and featuring Minneapolis lawyer Joe Friedberg in a heroic pose on the cover—led to the creation of a new magazine by the same name.

The concept was wildly successful.

In 2003, the company began exporting the idea to other states, starting with Texas. Today you can find Super Lawyers in all 50 states and Washington, D.C. Selections in each region are chosen by their peers and through the independent research of the magazine staff, working from a database that contains information on more than 1 million lawyers.

Alas, the success of Super Lawyers ultimately helped lead to the demise of Minnesota Law & Politics. On Feb. 1, 2010, Thomson Reuters acquired Super Lawyers.

Minnesota Law & Politics was not part of the deal—and Key Media plans to discontinue the magazine.

White will work for Thomson Reuters to oversee the transition period for Super Lawyers. After 20 years of publishing Minnesota Law & Politics, he understandably has mixed feelings about the coming changes. “We’re proud that Super Lawyers was born within the cheeky, off-beat pages of Minnesota Law & Politics,” he says.

“The acquisition by Thomson Reuters is the ultimate validation of Super Lawyers as the leading lawyer-rating system in the country. I’m thrilled by the purchase.

“Who knows what the future holds,” he continues, “but it’s kind of exciting to have the opportunity to dream up something new again.”

Chuck Benda is a Hastings, Minn.based freelance writer.

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Library of the Mind Legal Research in the Conceptual Age

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Mitchell on Law

As society transitions from the Information Age to the Conceptual Age, the Warren E. Burger Library innovates to keep alumni and students on the cutting edge of legal research in a new era of decentralization, enhanced technology, and a move away from bricks and mortar

Photos by Steve Woit

By Meleah Maynard When it opened in 1990, William Mitchell’s Warren E. Beyond books Burger library was designed to evolve as the future ushered Technological changes have made a dramatic impact on in new technologies. Twenty years later, the library is not legal research. In the last 10 years, law students have largely only keeping pace with today’s torrid pace of change, it is moved away from using books as their primary research anticipating it. In the process, it’s helping reconfigure the tools in favor of web-based subscription databases such landscape of legal education and research. as LexisNexis and Westlaw that promise speedy, accurate The shift is so fundamental, says Simon Canick, results. But students would be ill-equipped for the work associate dean of Information Resources, that it’s becoming world if these were the only search methods they learned increasingly possible to think of the library as more of a how to use. One reason why: LexisNexis and Westlaw catalyst than a physical place. Since he was hired in August are prohibitively expensive for many lawyers. That’s why 2008, Canick has organized the Information Resources librarians teach William Mitchell’s students how to use both department to include three groups under the same books and a wide variety of digital tools. umbrella: traditional library staff, traditional IT staff, and a Unlike many of his peers, Ben Johnson, a student who hybrid staff dedicated to educational technology. “The idea works at the library’s circulation desk, prefers using books is to encompass information in all its forms,” says Canick, for research. “Lexis and Westlaw are great, fast ways of who is also an assistant professor of law at Mitchell. getting very specific information, but if you don’t have The educational technology a good idea of what you’re group has become particularly “It’s not just the technology, it’s the looking for, you can go right visible and active. Among its people pointing you to it that make past something you need,” says numerous initiatives, it is creating Johnson, who will graduate in the library such a useful tool." databases and accompanying the spring of 2011. “I like to see websites that will make faculty the map of what I’m looking for work more accessible to students, alumni, peers, and laid out in front of me the way books do.” the public. For example, Canick points out two recently Canick acknowledges that many alumni trained strictly completed websites: Professor Peter Erlinder’s Rwanda on books, and still rely heavily on them. "That's one reason Documents Project (rwandadocumentsproject.net) and why we believe strongly in making our staff available to Professor Kimberley Dayton’s Elder Law Network (neln.org). train alumni on the new tools," he says.

Both sites were designed by Sean Felhofer, a library Canick and his team also have made it a priority to cataloger with technological expertise much more introduce students and alumni to lesser-known resources developed than what’s typically found in someone with his that are emerging all the time. In addition to speaking to job title. “Sean is much more than a cataloger,” says Canick. specific classes and working one-on-one with students on “He taught himself how to be a 21st-century database papers and projects, the staff offer three advanced electives builder. With his help, the work done by our professors has on research: Advanced Legal Research, taught by Canick; a bigger impact.”

Internet Legal Research, taught by Reference Librarians One goal, Canick adds, is to build an institutional Sonya Huesman and Janelle Beitz; and Tax Research, taught repository the school can use to engage the community

by Assistant Library Director Don Zhou. Other electives for and the profession. "We want to create an archive of our specific types of law are under development. scholarship, CLEs, magazines, recorded symposia—you Aaron Cavaleri, who graduated in December 2009, name it—all for free on our website, and easily findable considers himself technologically savvy, but he was amazed from search engines," he says. "We’re doing some at the number of low-cost and free Internet resources that amazing work here at Mitchell, and we want to make sure Canick and Research Librarian Neal Axton introduced in the practitioners can use it."

Advanced Legal Research class. “Each week was broken down into a different subject, and we used interactive PowerPoint presentations to learn about sites such as the continued on next page

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Library of the Mind

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Library of Congress’ thomas.gov and the U.S. Government agreed. “John is a visionary who thinks 20 or 30 years out Printing Office’s fdsys.gov,” he explains, adding that Axton about how lawyers will practice,” Canick says. “He wants to teach for that, and we want to support his work.” and Canick also taught students how to search efficiently Having seen all of the changes that technology has within LexisNexis and Westlaw. brought to legal education and practice since he began "A lawyer's most important tools are the abilities to teaching at William Mitchell in 1979, Sonsteng believes the think and to research effectively, and while we spend day will likely come when bricks and mortar law offices will a lot of time learning how to think, I don't think we be obsolete. Instead, he sees lawyers and clients interacting spend enough time learning how to research," Cavaleri virtually via web-based applications. With that in mind, he continues. "In an increasingly competitive economy, has developed a pilot program for training law students: classes like Advanced Legal Research, which teach students the Exceptional Advocacy Training Program (EATP), which how to research in a more efficient, and ultimately more combines traditional teaching cost-effective manner are “Technology should not replace methods with state-of-theinvaluable."

One of the latest free tools what’s happening in the classroom, art technology. The program, which was developed in to grab the attention of law but it can help make education collaboration with the National students and alumni is Google Institute for Trial Advocacy and Scholar (scholar.google. more efficient and cost effective, Minnesota State Bar Association com; see page 6 for more particularly for people who can’t Continuing Legal Education, information). Google Books will help students evaluate and (books.google.com) also attend face-to-face programs their advocacy skills. comes in handy when searching because of time, money, or distance.” improve The twist: They’ll do so without older law books. The Burger ever meeting in person. “People library’s extensive database of say you can’t teach advocacy this way, but I think you can,” no-cost research sources can be viewed at wmitchell.edu/ says Sonsteng. “Technology should not replace what’s resources. happening in the classroom, but it can help make education Third-year law student Madeline Bowie recently used more efficient and cost effective, particularly for people Google Books to find an 1860 trademark treatise while who can’t attend face-to-face programs because of time, working as a research assistant for Professor Ken Port. money, or distance.”

“I had tried a variety of sources and I couldn’t find it During the condensed, seven-week pilot that launched elsewhere, not even in print,” she recalls, adding that she's in January 2010, students used traditional textbooks particularly grateful for reference librarians such as Axton, as well as the 21st Century Textbook, a CD created by who is always quick to get back to her with a response to Sonsteng that includes lectures, panel discussions, and a question—even on weekends. “Neal has helped me with the subscription databases and with hard-to-find things like demonstrations students could watch on their own time.

They also interacted with practicing attorneys across the an Asian-Pacific journal I needed last year. It’s not just the United States. Experienced instructors with the National technology, it’s the people pointing you to it that make the Institute for Trial Advocacy conducted the classes using library such a useful tool.”

Adobe Acrobat Connect Pro, web-conferencing software that Information Resources staff chose after testing a The library as a teaching place variety of options. "John’s courses are interactive, so the Not long after Canick started work at the Burger library, technology we used had to facilitate that,” Canick explains.

Professor John Sonsteng walked into his office to talk about "Our educational technologist, Lindsay Matts, set it up so ideas for changing the way law students learn. He had the instructor can designate students to role-play, or break a solid plan. What he needed from the library was help up into small groups, just like in traditional classes." developing the technology behind it. Canick immediately

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Read the magazine online @ wmitchell.edu/alumni

Mitchell on Law

If the pilot succeeds, Sonsteng hopes to fully implement the EATP program and pave the way for more virtual classes. There’s one big hurdle that must be overcome first, however: the American Bar Association’s accreditation standard that keeps non-face-to-face coursework to a minimum. “I don’t think anyone else is pushing this hard to develop a dynamic, synchronous online classroom, so it could be big for Mitchell," says Canick. "If we can demonstrate that students learn just as effectively online, then we can lobby the ABA to relax that standard."

The technology could also help library staff create interactive programs for the community, as well as continuing education classes and other offerings.

“The library is no longer just a room with books,” says Sonsteng. “It’s become a teaching place and a wonderful resource that’s much more than a place to look up information.”

Meleah Maynard is a Minneapolis-based writer and editor.

Did you know?

All of the resources highlighted in this article are available at no cost to Mitchell alumni.

Visit wmitchell.edu/library to learn more.

Spring 2010

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MITCHELL IN FOCUS

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1 Donna Byrne edits the Food Law Prof Blog, teaches tax law, and plays the accordion.

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11 6 Kenneth L. Port’s new book, Transcending Law: The Unintended Life of Article 9 of the Japanese Constitution, includes a foreword by Vice President Walter Christine D. VerPloeg served as arbitrator Mondale. on a high-profile termination dispute that was reported on heavily in the Star 7 Ann Juergens is preparing to teach a 12 Tribune and on talk radio. legal ethics and human rights practice seminar at the University of Galway, Ireland, this June.

Fulbright Scholar Anthony Winer recently returned from Azerbaijan and is 13 8 Douglas Heidenriech is still heading back to teach at the Azerbaijan standing—and as ornery as ever—after Diplomatic Academy in Baku this spring. nearly 47 years at Mitchell.

Denise D.J. Roy has recommended 9 Jay Erstling's favorite childhood hang- 14 The Woman in White by Wilkie Collins, out was the United Nations coffee shop to students and colleagues. in New York City.

Eric S. Janus was recently featured in a CNN story and a Star Tribune article on 15 10 Nancy Ver Steegh is a frequent national speaker on domestic violence civil commitment. law and policy.

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Christine Kunz recently completed a new textbook, Contracts: A Contemporary Approach, which she co-authored with University of Minnesota Professor Carol Chomsky. The book will be published by West in April 2010.

Sarah Deer testified at a Congressional hearing on violence against Native American women in 2009.

Carolyn Grose loves the challenge of helping students become intentionally critical thinkers and actors.

Peter B. Knapp spends his weekends poring over Minnesota Supreme Court decisions.

C. Peter Erlinder presented "The History of the Bill of Rights: Who Cares?" at Minneapolis Community and Technical College in March.

Our Faculty From writing textbooks to building rockets to teaching law around the world, Mitchell’s faculty is as diverse and connected to the legal profession as ever.

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16 Deborah A. Schmedemann co-authored 21 Gregory M. Duhl is executive editor of 27 The Business Lawyer.

Synthesis: Legal Reading, Reasoning and Writing (Legal Research And Writing) with Professor Kunz.

22 Eileen M. Roberts is the Austin J. Baillon and Caroline M. Baillon Professor of Real 17 Mehmet Konar-Steenberg helped defend Estate Law. 28 Monroe County, Iowa (pop. 8,000), against a landfill developer’s multimillion-dollar 23 Simon Canick just finished his first full constitutional lawsuit. He also builds scale calendar year in Minnesota; he loves it here. model rockets in his spare time.

24 Mark Edwards studies the “parameters Mary Patricia Byrn trains adjunct of acceptable deviance.”

29 professors how to teach the law. She also coaches her daughter’s basketball team. 25 Niels B. Schaumann received the outstanding music major award from the State University of New York-Plattsburg in 19 Michael K. Steenson taught Comparative Constitutional Law last summer at 1977.

Bahçesehir University in Istanbul, Turkey.

26 Afsheen John Radsan will teach Thuy-Nga T. Vo was one of only 47 Comparative Counterterrorism: Due Process people elected to the prestigious in the Age of Terror with Mitchell American Law Institute in 2009. in London this summer.

J. David Prince helped launch Law Raza, a new student-produced law journal focused on legal issues and policy concerns related to Latinos in Minnesota, the United States, and around the globe.

Phebe S. Haugen is an eighth-generation descendent of Mary Osgood, who was imprisoned for witchcraft in Massachusetts in 1692.

Eileen A. Scallen plays goalie for the Bombers hockey team in the Women's Hockey Association of Minnesota.

more about all 41 members >> Learn of Mitchell's faculty.

Spring 2010

Visit wmitchell.edu/faculty

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Eddy Kaiser '09

Real-World Impact

For nearly 35 years, Mitchell’s clinical program has helped students gain real-world experience. Today, its impact is felt throughout the globe

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Mitchell on Law

real-world impact

By Steve Linders Everyone knows that Mitchell’s nationally renowned clinical program is good for students. They get to work with real clients. They see real-world applications of classroom theories and concepts. They gain invaluable practical experience.

But not everyone knows that the clinical program also has a powerful impact on local communities. The clinics help start small businesses, protect endangered native languages, and help people rebuild their lives after being released from prison.

What’s more, the work of students in the clinical program is making an impact around the world—from St. Paul’s University Avenue to Thailand and beyond.

Portrait photos by Sarah Whiting

Working on University Avenue

Two months after opening the Glamour with New York hair salon on University Avenue, Candice Wade walked into the University Avenue Business Association's (UABA) offices and asked for help. Not for now, but for some time in 2011. That’s when construction is slated to begin on the Central Corridor light rail transit line, which will run along an 11-mile stretch of the avenue between the downtowns of St. Paul and Minneapolis. The busy thoroughfare is home to more than 2,000 small businesses—many of which could lose customers as a result of the construction.

“On-street parking is important,” says Wade, whose salon doesn’t have a parking lot. “If the construction tears up the street and there’s no place for my clients to park, it could hurt. I’m just trying to get my business off the ground; it would be a shame if we didn’t make it because of construction.”

Finances are tight for Wade, so when she heard about the free resources available through UABA,

she was quick to make the threeblock walk down the street to ask for help. And help is exactly what she received, thanks in large part to Eddy Kaiser ’09, who spent the better part of the last semester setting up a Legal Service Center for small businesses as part of his work with Mitchell’s Community Development Clinic.

The center is part of a UABA effort to help small-business owners survive the light rail line construction phase.

The issue is close to Kaiser’s heart— he lives in St. Paul and understands how important University Avenue is to the city’s quality of life. “University Avenue is unique,” he says. “Its businesses are so diverse that customers drive in from surrounding suburbs, bringing an important economic, cultural, and social energy to the city. My goal is to ensure that changing the way people get along University Avenue doesn’t change which businesses are on the avenue.”

To create the center, Kaiser relied on skills and knowledge he gained in Mitchell’s classrooms, and worked closely with Mitchell Professor Diane Dube and UABA board member Larry Peterson ’75. “Every time I thought I had a road map for how to pull this thing together, I found another issue that business owners needed to be aware of,” says Kaiser. “It was like peeling back the layers of an onion.”

In the end, he assembled information on business/construction mitigation rights, tax/property rights, landlord/tenants rights, leases, and sales. And he was able to find a group of attorneys—many with offices along University Avenue— who will work with the business owners on a pro bono basis or offer alternative fee options.

His work is important, says UABA Executive Director Linda Winsor, because most of the businesses lack the resources to secure their own

legal representation. “Without Eddy and without the work of Diane Dube and everyone else at the Community Development Clinic, a lot of these small businesses might not even be thinking about protecting their legal rights, much less having access to such well-organized information or actual attorneys.

“These businesses are the backbone of this community,” she adds. “If they go away, so do thousands of jobs and the vitality of this neighborhood. Eddy worked hard on behalf of these businesses, their employees, and their customers.

I think he’s benefited from the experience, too, through the contacts he’s made and the experience he’s gained.”

Keoni Nguyen recently heard about the Legal Service Center when a group of Mitchell students organized by first-year student Adina Floria stopped by his shop to let him know about UABA. He runs SugaRush Donuts in the 700 block of the avenue and says he plans to use the services. “It’s too soon to tell whether or not the light rail will be good or bad for us,” says Nguyen.

“Right now we’re focused on running the business, but at some point we’ll need to start thinking about surviving the construction. We want to be here when it’s over.”

Eddy Kaiser wants them to be there, too.

Real experience, real impact

Third-year student Christian Girtz is working with one client as part of his duties with Mitchell’s Intellectual Property Law Clinic, but his work has the potential to improve the lives of countless children across the country.

Girtz’s client is DesignWise Medical, a 15-month-old nonprofit that’s focused on developing medical devices for children. “Typically, continued on next page

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Real-World Impact continued from page 19

medical device companies don’t develop devices specifically for pediatrics,” says Brad Slaker, DesignWise’s founder, CEO, and chairman. “The standard for-profit business model doesn’t always work for pediatrics—there’s not nearly enough money in it.”

So Slaker, a mechanical engineer with 20 years experience working for medical device firms, started his company as a nonprofit and reached out to colleges and universities in search of volunteers to help him with everything from design to patents.

Earlier this year he approached Professor Jay Erstling at Mitchell’s Intellectual Property Law Clinic about having a Mitchell student work with him on a patent. Erstling connected Slaker with Girtz, who wrote and submitted the provisional patent

application for DesignWise’s first product and is working on the full utility patent. “In my life, this is one of the clearest examples of a winwin situation I have ever seen,” says Slaker. “We present Christian with real-life challenges and opportunities.

He gets experience at an early stage in his career, and we get to tap in to his knowledge and talent to bring an important product to the market.”

The product is called the Overnight Pediatric Oxygen Delivery (OPOD) system. It looks like a giant ladybug, but it’s really a high-tech way to deliver oxygen to young children with health problems while they sleep. “It was challenging to write the provisional patent application,” says Girtz, who has volunteered more than 40 hours to DesignWise over the last year. “I was exposed to a lot of

different aspects of practice through the IP clinic—from meeting with Brad and his team to application and claim drafting to the actual filing process— so I got great experience. And it’s rewarding to work on a product that can help a lot of people some day.”

Going back again

Maisue Xiong is a third-year student.

A Thai native, she loves the law and is passionate about human rights, so when an opportunity to live in her home country for three months working to empower underprivileged women and children presented itself, she quickly signed on. “The trip was a dream come true,” says Xiong. “Not only did I get to study the law abroad and do human rights work, but I also got to explore the country of my birth and my parents’ childhood.”

Christian Girtz, 3L

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Mitchell on Law

Xiong kept a journal of her trip and work with Bridges Across Borders Southeast Asia, an organization that works to educate people about legal and human rights. Xiong’s 80-page journal recounts her experiences in Chiang Mai, a city in Northern Thailand, detailing the people she met and the work she did. “I didn’t want to miss or forget a thing,” she says, “so I tried to write as much as possible.”

Xiong lived in a shelter for abused women. She helped watch their children, gardened, and talked to the women about their human rights. She spent three days a week at a juvenile detention center for girls, where she taught English from a lesson plan she created. She walked the streets of Chiang Mai in the wee hours of the morning, handing out condoms to sex workers. She developed curriculum for the Chiang Mai University Legal Clinic.

And she played with and read to children at an orphanage for Hmong children.

The work was exhausting. Language barriers complicated interactions. It took weeks for her to earn the trust of the girls in the detention center. And being surrounded by so many people who seemed to have no hope occasionally frustrated her. But in the end, Xiong knew she had the skills to make a difference. “William Mitchell prepared me to work in such a challenging environment,” she says.

“The critical-thinking and problemsolving strategies I learned at Mitchell helped. It also helped to know I had so many people back in Minnesota supporting me. I didn’t want to let them down.”

One of those people was Professor Ken Port, who helped her plan the trip and ensure that she would get

Spring 2010

Maisue Xiong, 3L

school credit for her work. He followed her trip on a blog that Xiong updated frequently. “It was amazing to follow Maisue's growth and transformation over the summer months,” says Port. ”She was confronted with great challenges and overcame every one of them. In the end, she played a very important role in showing the people of Thailand what is possible.”

Xiong’s journal is filled with descriptions and names of the people she met and helped. It also includes this passage near the end: “I don’t want to come home yet. There’s so much work to be done...I just can’t leave when I feel I haven’t made a

difference in the lives of others.”

That drive illustrates why Xiong was selected to participate in Bridges Across Borders Southeast Asia, according to Bruce Lasky, the organization’s cofounder and director.

And, he says, contrary to what Xiong wrote, she accomplished a lot in Thailand. “Maisue contributed a great deal,” says Lasky. “Her work provided community members with the opportunity to learn about human rights, their legal rights, and English.

She made a positive impact on the people she met and worked with.”

Xiong is already planning her next trip to Thailand. She’s also planning to pursue a career in public interest law. “At the end of my experience, I learned a lot,” Xiong wrote in her final journal entry. “Then again, I also didn’t learn enough! The remaining pages of this journal will be dedicated to my future trip to Thailand. In the meantime, I will continue working to make small differences in my communities.”

Steve Linders is executive editor of Mitchell on Law.

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Future Mitchell on Law

A Gift for the Future

Feature photo by Raoul Benevides

Robert Hillstrom ’70 looks back on how his life was changed by William Mitchell, and casts an eye to the future by endowing a scholarship Robert “Bob” Hillstrom’s parents couldn’t afford college financial aid he got from any source throughout his entire tuition, so he worked his way through the University of education (kindergarten through law school). During law Minnesota. “My father had minimal education, but he school, his work as a real estate appraiser on many largetaught us the value of hard work and saving,” says Bob, scale projects not only supported him and his family, but also whose first job was weeding an onion field for 10 cents provided solid background for the eminent domain work an hour. He later became a caddie, then ran his own that became a significant part of his 20-year legal career. landscaping business during college.

With great effort, came great rewards. Yet Bob is quick to At age 18 Bob married his beautiful wife, Patricia, and assert that it was more than just hard work that helped him by the time he earned his bachelor’s degree, the couple had succeed. Family, and the support of colleagues and mentors, three children. Bob majored in English and wanted to be were all indispensable factors. a writer, but after graduation he took a job teaching and He, of course, gives enormous credit to his wonderfully coaching at a California high school for economic reasons. compassionate wife Patricia, who raised their five children Returning to Minnesota, he joined a real estate firm founded while engaging in her own pursuits—volunteering with

by Don C. Magee ’52 (Minneapolis-Minnesota Meals on Wheels, hospice College of Law, a predecessor care, nursing homes, women’s school of William Mitchell). shelters, and the care of the Don, a well-known Minneapolis homeless, not to mention her real estate attorney, maintained role in the couple’s investments. his law office at the real estate Bob speaks fondly of Patricia firm. He and Bob became very and explains that she “came close friends. Don steered Bob down with early Alzheimer’s toward law, but Bob didn’t get nine years ago and we care for started at Mitchell until 1966, her in our home. She had such a year after his dear friend an altruistic heart—she was Don had died of a heart attack always helping other people.” on the handball court at the Their son, Scott Hillstrom Minneapolis Club. ’84, whom Bob describes as At that time, Bob met Don’s his best friend, “inherited his nephew, Gerald “Jerry” C. Magee mother’s altruism and has ‘57. Jerry, who had become a very established a foundation successful and widely acclaimed that has saved the lives of litigator, introduced Bob to the thousands of children in her 50s in m practical aspects of law practice. the equatorial parts of the tro lls Hi cia Patri “If I had not met Jerry Magee, it’s world.” Bob, a very proud father, very possible that I would not have attended law school,” points out that Scott and his good works were featured in Bob says, adding that William Mitchell, of course, was the the fall 2004 issue of Mitchell on Law. only choice for people who needed to work while attending Upon graduation from William Mitchell, Bob was so eager law school, and remains the school of choice in Minnesota to get going that he took a case before he was admitted for working students. “Jerry mentored me in the realities of to the bar. He called the opposing lawyer to negotiate, and law practice throughout my law school career. Without his it turned out to be one of his favorite classmates, Byron tutelage, I doubt I would have enjoyed the success I did in Zotaley ’70. Once admitted, Bob opened his own office. “It the practice.” was gangbusters from then on,” he says. “I couldn’t believe Bob finished at the top of his class the first year, as well the number of people who wanted me to represent them. as for the aggregate four years he attended Mitchell. His first I’m sure the grey hair didn’t hurt.” year earned him the Harvey T. Reid Scholarship, funded by Bob wasn’t afraid to tap more experienced lawyers for a prominent West Publishing executive, which was the only advice. “I had the audacity to call the best lawyers when I continued on next page

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A Gift for the Future continued from page 23

thought a client’s predicament deserved it,” he says. Some of those top lawyers provided priceless ideas; among them he counts Charles Hvass Sr., Bill Bale (later a partner), U.S. Attorney Pat Foley, Al Michals, Bob Share, Joe Burkhard, Dave Graven, Jimmy Rorris ‘49, Lee Frankman, Miles Efron, and Don Smith.

There are other figures he recalls as influential during his schooling and lawyering years, including leading criminal attorney Earl Gray ‘70. “Earl was my study buddy,” Bob says. “There wasn’t an exam in my entire four years of law school that we didn’t study for together.”

Joseph Strauss ’70, another classmate, was active in government and aided Bob’s career “immeasurably.”

Bob also gives a lot of credit to Brad Martinson, his first partner, who was a big help in getting the practice up to full sail. Russell McCandless, his legal assistant, was the most important factor of all. “In Saigon, Russ learned to type, feeding a computer 130 words a minute, error-free,” Bob says. “Our documents were always the best, and Russ was with me almost the whole way. Even more important was Russ’ highly trained legal mind. He also had an extensive background in chemistry, which was a huge advantage in our water quality litigation.”

Judge Ronald Hachey, who ran the moot court competition at William Mitchell, and his delightful wife Alverna, became lifelong friends of Bob and Patricia. They traveled together to lakes in the wilds of Northern Minnesota and Canada several times.

Alverna claimed that Bob broke the record for the number of her pancakes consumed at one sitting.

“Ron introduced me to Mitchell’s most famous graduate, Chief Justice Warren Burger. During my later years in law school I was watching TV when a

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Dean Eric S. Janus, Bob Hillstrom, and Professor Doug Heidenreich in January 2010.

breaking news announcement reported that President Nixon had appointed Warren Burger as Chief Justice of the U.S. Supreme Court,” Bob recounts.

“I took a backward somersault off the ottoman where I was sitting. I knew immediately that from that point on William Mitchell would be a law school to be reckoned with.”

Another notable justice also played a role in his life. “I had the great good fortune to draw Judge Douglas Amdahl as my moot court judge,” Bob says. “In my career after law school, I learned that William Mitchell had produced no greater graduate than Chief Justice Amdahl, one of my true heroes.”

Bob also fondly remembers the excellent faculty members who got him excited about the law. “Dean Douglas Heidenreich ran the law school like a ship of the line. If a student didn’t take law school seriously, he soon did or was gone,” he says. “No one is more responsible for the quantity of good lawyers turned out by Mitchell in those days than Dean Heidenreich.”

Several professors stand out, most memorably the late Kyle Montague (Contracts), the late William Danforth (Civil Procedure), and the late Judge Pat Fitzgerald (Evidence). “My Mitchell days were a great joy, and the friendships I made were golden,” he says.

After retiring from law practice Bob enrolled in New York University’s creative writing program. He has had two novels published by Headline

Read more news online @ wmitchell.edu/alumni

Books: Nothing But the Truth in 1992, and Letter of Intent in 1998. He is now working on a third.

This year marks the 40th year of Bob’s graduation from law school. It also marks his 40th year of sobriety, his proudest achievement, he says.

“Without sobriety, there would have been no legal career and no scholarship endowment.”

While anniversaries can be bittersweet, they can also be cause for celebration. Over the years as Patricia and Bob accumulated income from the law practice, they invested in apartment buildings, which Patricia adroitly managed. “Patricia’s contribution to this endowment is very real,” Bob says.

To acknowledge the support he’s received in his career, Bob decided to endow a scholarship at William Mitchell with a living trust gift. The $2 million Robert A. and Patricia L. Hillstrom Scholarship Fund will provide fulltuition scholarships to one or more top students after their first and/or second year. It’s his way of thanking the law school. “Everything I have that I value, other than family and some friends, I owe to my time at William Mitchell,” he says. “I hope the scholarship enables some students to have a career as satisfying as mine.”

Mitchell on Law

Gratitude

“I'd still be here without the scholarship, but it would be a lot more difficult."

Scholarship allows Mitchell student to focus on what really matters: working hard First-year student David Abraham knows what it means to roll up your sleeves, put your shoulder to the wheel, and work hard.

Growing up in Minneapolis, he watched his single mother hold down a full-time job while attending college, earning her bachelor’s degree, and raising a family.

Inspired by his mother’s work ethic and commitment to education (she also earned a master's degree), Abraham delivered pizzas to pay his way through the University of Minnesota, earning degrees in political science and history.

“I believe that if you work hard, you can reach any goals you set for yourself, and I wanted to earn my bachelor’s degree and then go to law school,” he says.

It took grit. It took determination. And it wasn’t always easy. So Abraham was thrilled when he was awarded the Justice James C. Otis Scholarship, which is named in honor of the late Minnesota Supreme Court justice and awarded to promising minority students at Mitchell.

“I’d still be here without the scholarship, but it would be a lot more difficult,” says Abraham, who was accepted to several law schools. “I really wanted to come to Mitchell. It has a great reputation and its alumni are amazing—you can’t go anywhere without running into an alum who has something positive to say about Mitchell.”

Another reason Abraham chose Mitchell is because of the new Indian Law program implemented by Professors Sarah Deer and Colette Routel. Abraham’s heritage includes Native American, Filipino, and Swedish ancestors.

He says he’s looking forward to studying Indian Law at Mitchell after he gets through his first year, which he describes as not necessarily easy, but certainly not as difficult as it would have been had he not received a scholarship.

"I am so grateful for the financial support I’ve received,” he says. "Without the scholarship, I would have had to get a job in addition to going to class, studying, spending time with my family, and staying involved in civic activities.”

Abraham has two younger brothers, a younger sister, and is an assistant scout master for Boy Scout Troop 200 in Shoreview, Minn. The scholarship, he says, affords him the time to mentor his siblings and troop members and instill in them the work ethic that his mother taught him at an early age.

—Steve Linders

To learn more about giving to William Mitchell, visit wmitchell.edu/giving, or contact Lisa Barton, director of development, at 651-290-6357, email lisa.barton@wmitchell.edu.

Spring 2010

25

The 'Tweet' Life of a Blogger How Twitter and blogs can extend your reach

By Sara Aase

“RT @bobambrogi What is the future of the legal industry? Join @larrybodine, @MHTweets and me to discuss this starting now. #FOLI.” Decoded, this tweet by Peter Berge ’83, web education director for Minnesota Continuing Legal Education (CLE), lets his more than 2,500 followers know that he’s about to join a real-time Twitter discussion. The conversation will cover legal issues—billable hours, the pros and cons of “unbundling” legal services, and the uncertain future of the big-firm model. The 140-character message also says that Bob Ambrogi (aka bobambrogi), a Rockport, Mass.based attorney, is spearheading the chat, and that Chicago attorney Larry Bodine (aka larrybodine) will participate, along with Mike Mintz (MHTweets), an attorney and community manager for an online professional network for legal professionals.

This is a Twitter discussion, and it quickly covers plenty of ground. Within minutes, dozens of people chime in, including one with a lawyer joke (What do you call 10,000 lawyers willing to do flat fee billing? Change …), and an

Peter Berge '83

26

update on the Supreme Court case on California Proposition 8. The discussion topics move fast, from billing issues to the prospect of quality ratings to Six Sigma to ideas on how to revamp law school curriculums. Over the course of the 60-minute discussion, lawyers from all around the country interact in a way that was unthinkable just a few years ago. And the entire conversation—transcripts, summaries, comments, and analysis—is cataloged online, for anyone to see.

This sort of immediacy, depth, and breadth of communication is what users love about social media tools such as Twitter and blogs. They are also what often gets lost in hype about the tools themselves. Like Berge, most Twitter users “follow” other colleagues to stay abreast of issues in their field. (“Following” someone on Twitter means that you get text or email alerts whenever they tweet.) “Twitter is where I pick up the buzz of things that people are interested in or irked by, or about something that’s just new,” Berge says.

Berge started his Twitter accounts along with a blog, www.SmallFirmSuccess.org, last year to better reach small and solo practitioners. He says the efforts have helped him raise Minnesota CLE’s profile. “I get emails and comments from solo law firms around the country and the world through the blog and Twitter,” he says. “We’re getting between 200 and 400 hits on the site a week. People think it’s a great resource.”

Mary and Stephanie Budge, a mother-daughter duo who own Budge Law Offices in St. Paul, also rely on Twitter and a blog (budgelawblog.com) to help boost the profile of their fledgling firm, which they incorporated in October 2008. “Twitter is a great way to talk with potential clients,” says Mary ’96, who with Stephanie ’08, specializes in business formation, strategic planning, and intellectual property issues. “We can give our followers some practical advice and also point them to our blog.”

Read the magazine online @ wmitchell.edu/alumni

Mitchell on Law

Photos by Tim Rummelhoff

Stephanie '08 and Mary Budge '96

An unexpected payoff, they add, is that tweeting and blogging help sharpen their legal skills. “Blogging forces me to keep recurring issues of my practice area fresh in my mind,” says Stephanie, noting that her posts have covered everything from copyrights and trademarks to networking to small business tax issues. “When you’re writing a blog post, you have to research the subject you’re writing on and make sure you’re current.”

Fostering community

If there’s a downside to the tools, it’s figuring out how to devote time to them without letting them become allconsuming. “Twitter is like a fire hose, and the secret is

Expand your social (media) network Not sure where to start with social media?

Our experts suggest you go back to the basics Figure out whom you want to reach, what you can offer, and how much time and other resources you want to commit.

Getting on Twitter is as easy going to Twitter.com and signing up as a user. Want to start a blog? You can emulate Berge, who used in-house graphic designers and a contracted web developer to build www.SmallFirmSuccess.org. Or you can take the approach that Mary and Stephanie Budge used: Blogspot, a free, do-it-yourself blogging tool.

Spring 2010

not to try to drink the whole thing,” Berge says. “If you’re a lawyer getting on Twitter, find other lawyers and start getting involved with them. You’ll learn something, and it’s a chance to do some business or give a referral.”

Berge and the Budges also agree that social media tools are only a means to an end. “They help build a community of people and provide a way of getting together—it’s not about the technology,” Berge says. “They might not be for everyone—just like organizations such as Rotary aren’t for everyone. The time you put into them is what you get back.”

Sara Aase is a Minneapolis-based freelance writer.

Here are other resources for more information and inspiration: • The Lawyerist: lawyerist.com • Mashable—The Social Media Guide: mashable.com • ProBlogger: problogger.net • TweetLaw: tweetlaw.com • Seldo.com—Ten Things Twitter is Not: bit.ly/seldo10 • Legal Technology blog: legaltechnology.typepad.com • FutureLawyer: futurelawyer.com • LegalTalk Network: Find it on Facebook and Twitter • I Love Tech: ihearttech.com • Ron Friedmann’s Strategic Legal Technology: prismlegal.com/wordpress.

—S.A. 27

All in the

Family

For nearly a century, members of St. Paul’s Faricy family have attended William Mitchell, and younger generations have every intention of continuing that tradition

28

Mitchell on Law

Photo by Raoul Benavides

All in the Family

Ray Faricy III’s daughters are only four and six, so they don’t yet know that there’s a good chance they will be lawyers when they grow up. They also don’t know that they will probably earn their degrees at William Mitchell—just like their father, grandfather, and great-grandfather did. “We have to send at least a couple of kids from every generation to law school,” says Ray, who graduated from William Mitchell in 1999. (His sister, Megan, is a 1989 graduate.)

Ray grew up in St. Paul’s MacGroveland neighborhood and now practices business law at Lindquist and Vennum’s Minneapolis office. He never had any doubt that he would go to law school. In addition to law school being a family tradition, he was inspired by his father, Ray Faricy II ’60, who served as a Minnesota state representative (District 63A) and was in private practice. “I wasn’t actively encouraged to be an attorney,” Ray recalls. “But I could see that my dad wanted to help people.

When you’re young, you look at your role models when you think of what you want to be.”

Though technology has changed legal education in many ways since he graduated, Ray believes one aspect of William Mitchell has stayed the same—the quality of its teaching.

While some law schools focus heavily on legal theory, the college has always stressed having professors with realworld experience. “In particular, I

“Our family has always had a

law firm Faricy, Burger Moore, Costello & Hart, he tradition of lawyering to help also hired William Mitchell graduate Warren E. Burger people. So it was instilled in me ’31, who served as U.S. that being a lawyer was about Supreme Court chief justice from 1969 to 1986. service and integrity.

Since graduation, John has specialized in insurance remember Professor Jim Hogg because coverage law that often he had been counsel for Control Data involves class action and bankruptcy and because he was doing the kinds of issues, including the high-profile things I knew I would be doing,” says Manville, Western MacArthur, Asbestos Ray, who currently teaches courses with Products Inc. asbestos cases from the Hogg at William Mitchell. “Teaching mid-1980s to the present. Though his is my way of giving back the practical work often takes him to New York City experience that Mitchell stands for.” and elsewhere, his private practice, now known as the Faricy Law Firm, has been Close to home based in Minneapolis since 1994. “Our Like Ray, John H. Faricy Jr. '82 also knew family has always had a tradition of he would be a lawyer. Though his family lawyering to help people,” he explains. moved to Florida when he was 11, they “So it was instilled in me that being a always returned to their Minnesota lake lawyer was about service and integrity.” place in the summer. After earning a Having graduated from William bachelor’s degree in political science Mitchell with the confidence that he at Tulane University, he was happy to was well prepared to practice law, John attend William Mitchell. “I felt I had chose to fund a scholarship in 2008 to gotten away from a Midwestern work provide an opportunity for an up-andethic, so I thought it would be good for coming lawyer. The scholarship went me to work and go to school at night,” to Vadim Trifel ’08, who came to the he recalls.

United States as a refugee from Baku, John’s father, John H. Faricy Sr., was Azerbaijan, at age 7. Today, Trifel is one of the few Faricys to opt out of law an associate with John’s firm. “My school (he worked as a distinguished grandfather liked to hire people from service professor of marketing and William Mitchell or Harvard,” John says. served as a dean at the University “He thought they were the best.” of Florida). His grandfather, though, Roland J. Faricy ’22 may well be the Meleah Maynard is a Minneapolis-based best-known family member in Twin writer and editor.

Cities-area legal circles. Not only was he a co-founder of the noted Minnesota

”

FRONT ROW,from left: Raymond Faricy II ’60, Megan Faricy ’89, John Faricy ’82 BACK ROW,from left: Raymond Faricy III ’99, Bridget Faricy ’96, and Richard (Dick) Faricy, the architect who designed

the Warren E. Burger Library

Spring 2010

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Class Notes 1965

Samuel L. Hanson, shareholder and board member, Briggs and Morgan, Minneapolis, was elected chair of the board of trustees of the National Conference of Bar Examiners.

1966

Michael F. Fetsch retired as a Ramsey County District Court judge after 13 years of service.

1980

Barbara J. Gislason was appointed chair of the American Bar Association Intellectual Property Law Section’s Insurance and Risk Management Committee.

David M. Sparby was named executive vice president and CFO of Xcel Energy, Minneapolis.

1981

Ruth A. Mickelsen earned a master’s degree in bioethics and health policy from the Neiswanger Institute, Stritch School of Medicine, Loyola University Chicago. She has also been appointed affiliate faculty at the Center for Bioethics, University of Minnesota.

Kathleen M. Picotte Newman was named one of the Top 40 Super Lawyers in family law by Minnesota Law & Politics.

1983

Dudley Ryan, tax principal, LarsonAllen, Minneapolis, was named a Five Star Wealth Manager by Twin Cities Business magazine.

1984

Thomas E. Marshall, partner at Jackson Lewis, Minneapolis, was elected president of the Minnesota Defense Lawyers Association.

Mitchell professor, student, and graduate receive MJF outstanding community service awards The Minnesota Justice Foundation honored Resident Adjunct Professor Diane Dube ’82, third-year student Andrew Birkeland, and Jean Lastine ’80 for their outstanding community service.

Dube, creator/director of Mitchell’s Community Development Clinic and co-coordinator of the legal services team for Project Homeless Connect, received the 2009 Law Professor Award.

Birkeland, Project Homeless Connect student coordinator, received the 2009 Law Student Award.

Lastine, executive director of Central Minnesota Legal Services, received the 2009 Distinguished Service Award.

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Read the magazine online @ wmitchell.edu/alumni

1985

Edward J. Drenttel, Winthrop & Weinstine, Minneapolis, was selected as one of the Best Lawyers in America in banking law for 2010 by U.S. News Media Group.

1987

Mark H. Parsons was named vice president for development at Missouri Southern State University.

1988

Theresa A. Capistrant and Rebecca A. Wong have opened the law firm of Capistrant and Wong, Minneapolis, practicing in family law.

Susan M. Holden, partner, Sieben, Grose, Von Holtum & Carey, Minneapolis, received the Fidelis Apparitor Award from the College of Saint Benedict in St. Joseph, Minn., for faithful service to the law.

1990

James C. Melville, partner, Kaplan, Strangis and Kaplan, Minneapolis, was elected to the board of directors of Armstrong World Industries, Lancaster, Pa.

1991

Michael A. Bryant, Bradshaw & Bryant, Waite Park, Minn., was elected president of the Minnesota Association for Justice. He practices in personal injury and criminal defense.

Kristen K. Naros, Naros Law, Minneapolis, was selected as a 2009 Super Lawyer by Minnesota Law & Politics magazine.

Soren P. Petrek, a solo practitioner in St. Joseph, Minn., has written Cold Lonely Courage. The book received the Best Fiction Award by Fade In magazine.

Mitchell on Law

Class Notes Judith M. Rush has been appointed chair of the Minnesota Lawyers Professional Responsibility Board by the Minnesota Supreme Court.

1993

Richard A. Stebbins has joined Collins, Buckley, Sauntry & Haugh, St. Paul, and practices in family law and alternative dispute resolution.

1994

Elizabeth R. Larkin was named partner by Oppenheimer Wolff & Donnelly, Minneapolis.

She is a member of the Employee Benefits Practice Group.

Dyanna L. Street was appointed a judge in the 10th Judicial District by Gov. Tim Pawlenty.

Teresa M. Thompson, Fredrikson & Byron, Minneapolis, was named a 2008 Community Partner of the Year

by Genesis II for Families.

1995

Dayn A. Hansen and his wife, Andrea, welcomed their first child, William “Will” Randall on June 19, 2009.

1996

Mary K. Budge ’96 and Stephanie P. Budge ’08 have opened Budge Law Offices in St. Paul. The firm focuses on startups, small businesses, and entrepreneurs.

1997

Kalene M. Engel, Engel law Office, Winona, received the 2009 Distinguished Young Alumni Award from Winona State University, Winona, Minn.

Spring 2010

Thomas Frost ‘76, director of revolutionary CornerHouse, retires from 30-year legal career Thomas Frost helped revolutionize child abuse investigations worldwide during his 30-year legal career. Last December, the former assistant county attorney in Hennepin and Ramsey Counties retired as executive director of CornerHouse, a Minneapolis-based child abuse evaluation and training center he helped develop.

In 1986, while working as head of Hennepin County’s child abuse prosecution team, Frost joined representatives from several local agencies to create a new approach to child abuse investigations. “We observed that children didn’t do well in the system designed for adult witnesses,” Frost says, explaining the motivations behind Cornerhouse. “CornerHouse allows children to provide reliable evidence in a child-friendly environment.”

Since opening in 1989, CornerHouse has trained more than 25,000 professionals around the world on its innovative interviewing protocol and its multidisciplinary team approach to investigation.

Frost served on the CornerHouse board of directors from 2000 to 2006.

He was named interim director in 2006 and took over as executive director in 2007.

“When I started at Mitchell, I did not intend to practice, but thought a law degree would enhance a career in public policy,” Frost recalls.

“After studying criminal law and working as a law clerk in the county attorney’s office, I realized I could fulfill my pursuit of public policy while practicing law.”

After retirement, the lawyer who didn't originally intend to practice law plans to move to his home in Trego, Wis., and possibly continue practicing in Wisconsin.

1999

Adam P. Jensen was named director of Compliance Services for Cottingham & Butler Consulting Services, Madison, Wis., a national brokerage and risk management firm.

Michael J. Ravnitzky was named chief counsel to the chairman of the U.S. Postal Regulatory Commission in Washington, D.C.

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Class Notes Barbara Golden ’80 honored for Outstanding Service to Profession; seven alums receive Attorney of the Year awards from Minnesota Lawyer Retired state law librarian Barbara Golden ’80 received the Outstanding Service to the Profession Award from Minnesota Lawyer for her more than 25 years of service to the state.

In addition, seven William Mitchell alumni are among the recipients of Minnesota Lawyer’s 2009 Attorney of the Year award, which is based on leadership in the profession, involvement in major cases or other noteworthy events, excellence in corporate or transactional services, and public service.

Mitchell alumni selected for the annual award are: Kenneth J. Abdo ’82, Lommen, Abdo, Cole, King & Stageberg, for his work as chair of the 5,000-member American Bar Association Forum on The Entertainment and Sports Industries and for his successful negotiations on behalf of several nationally recognized musicians Alan G. Carlson ’71, Carlson Caspers, Vandenburgh & Lindquist, for procuring a $22 million verdict in the Minnesota patent infringement case, Spectralytics v. Cordis, involving equipment used to make stents John M. Degnan ’76, Briggs and Morgan, for his success in Peterka v. Dennis, a case in which the Minnesota Supreme Court determined that court-appointed neutrals are entitled to immunity, for his leadership in the Hennepin County Bar Association Bench & Bar Committee, for his pro bono work on behalf of a veteran, and for obtaining a $2.7 million wrongful death settlement Michael K. Johnson ’95, Goldenberg & Johnson, for his success before the 8th U.S. Circuit Court of Appeals in a case involving preemption and generic drugs and for procuring substantial settlements in cases involving a drug that discolors skin Jan Symchych ’77, Medtronic, for her work as in-house counsel in securing victories in state and federal litigation involving the alleged failure of medical devices in defibrillators Lynne Torgerson ’90, Torgerson Criminal Defense, for successfully representing a client before the 8th Circuit in a difficult habeas corpus case Kay Tuveson ’87, HealthPartners, for her leadership with the Minnesota Defense Lawyers Association and for her work as inhouse counsel for HealthPartners.

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Read the magazine online @ wmitchell.edu/alumni

2000

Matthew J. Lemke was named to the 2010 Rising Stars list by Minnesota Law & Politics.

2001

Bray M. Dohrwardt was promoted to vice president, head of legal and regulatory affairs, for Direct Energy’s upstream and trading business, Dallas.

Layne B. Jeffery has joined The Manitowoc Co., Manitowoc, Wis., as legal counsel. He supports Manitowoc Cranes Strategic Sourcing Group.

Anh T. Le Kremer has joined Leonard, Street and Deinard, Minneapolis, as a shareholder.

Lenae M. Pederson was named partner at Meagher & Geer, Minneapolis. She practices in civil litigation relating to design professionals and products liability, and has been named a rising star in these areas by Minnesota Law & Politics.

Kyle T. Peterson was named partner at Patterson, Thuente, Skaar & Christiansen, Minneapolis.

2002

Aimée D. Dayhoff was named to the 2010 Rising Stars list by Minnesota Law & Politics.

Kimberly Eversole Jones and Michael Jones announce the birth of their son, Michael Alexander “Xander” Jones II, on May 29, 2009.

Mitchell on Law

Class Notes Heidi A. Fisher was named partner by Oppenheimer Wolff & Donnelly, Minneapolis.

She is a member of the Business Litigation Practice Group.

Lee A. Hutton was elected shareholder of Lommen, Abdo, Cole, King & Stageberg, Minneapolis. He practices litigation and sports law.

William A. McNab was named to the 2010 Rising Stars list by Minnesota Law & Politics.

John C. Pickerill was elected shareholder in Fredrikson & Byron’s Advertising, Marketing & Trademark Group, Minneapolis.

Kate G. Westad was elected shareholder of Lommen, Abdo, Cole, King & Stageberg, Minneapolis. She practices in the area of civil litigation with an emphasis on personal injury matters.

2003

Tammera R. Diehm, Winthrop & Weinstine, Minneapolis, was selected as one of Best Lawyers in America in municipal law for 2010 and was named to the 2010 Rising Stars list by Minnesota Law & Politics.

Ana M. Gomez opened Perez & Gomez Law in St. Paul, specializing in immigration and nationality, civil law, and legal interpreting and translation.

Spring 2010

2004

Katherine C. Bischoff has joined the Foreign Service with the U.S. Department of State. She will be posted in Jerusalem on her first tour.

2005

Sarah M. Fleegel has joined Jackson Lewis, Minneapolis, as an associate representing management in workplace matters.

Mark L. Kellaher was appointed Rusk County (Wisconsin) District Attorney

by Gov. Jim Doyle.

James H. Song, an associate at Bowman and Brooke, Minneapolis, practicing in product liability law, was reelected to the National Asian Pacific American Bar Association, Minnesota Chapter.

2006

Timothy H. Baland opened Baland Law Office in Anoka, Minn., specializing in bankruptcy, employment law, criminal defense, landlord-tenant issues, contracts, business law, and real estate.

Patrick D. McGuiness, founding partner of Zlimen & McGuiness law firm, St. Paul, received the Todd Bachman Award for Innovation in Horticultural Business from the University of Minnesota, Minnesota Nursery & Landscape Association, and MNLA Foundation. The annual award, named for the late CEO and chairman of the board of Bachman’s, recognizes an individual whose innovation in private enterprise has positively influenced one or more green industry businesses in the region.

2007

Mary C. Ellison, staff attorney for the Advocates for Human Rights, received the Journey of Hope Award from the Battered Women’s Legal Advocacy Project for her outstanding and dedicated legal advocacy on behalf of victims of domestic violence and sex trafficking in Minnesota and around the world.

2008

Gregory N. Bittle, Paul J. Bosman, and Anne M. Hansen opened Bittle Bosman & Hansen in St. Louis Park, Minn. Their practice focuses on bankruptcy, consumer rights, DWI defense, and personal injury.

Bryan T. Lake was named director of Government Relations for the Minnesota State Bar Association.

Rick N. Linsk joined Lockridge Grindal Nauen, Minneapolis, as an associate in its litigation practice.

Almost 400 Mitchell grads named “Rising Stars” by Minnesota Law & Politics Almost 400 alumni were recognized as “Rising Stars” in the December/January edition of Minnesota Law & Politics. A total of 395 William Mitchell graduates—more than any other Minnesota law school—received this distinction, reserved for Minnesota lawyers 40 years old or younger or who have been licensed to practice for 10 years or less.

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Class Notes 2009

John E. Buchholz and Allison A. Burke opened Buchholz & Burke, an elder law firm focusing on estate planning, medical assistance, incapacity planning, and probate.

Sarah McBroom ’09 receives 2010-12 Skadden Fellowship to practice community law

Kelly P. Falsani has joined Fitch, Johnson, Larson & Held, Minneapolis, practicing in the areas of workers’ compensation and insurance defense.

Britt M. Kringle was awarded the first Public Health Law Graduate Fellowship from the Public Health Law Center at William Mitchell College of Law. Leah I. Loomis joined Bloomquist Law Firm, Chaska, Minn., and will focus on wills, estates, and family law.

Jaclyn S. Millner has joined Fitch, Johnson, Larson & Held, and practices in the areas of workers’ compensation and insurance defense.

K. Hilde Smith has joined Oppenheimer Wolff & Donnelly, Minneapolis, as an associate practicing in the Business Litigation Group.

Taking on two entire communities as clients is tough for any lawyer, but Sarah McBroom ’09, William Mitchell’s first Skadden Fellowship recipient, is looking forward to the challenge.

She is one of 25 recent law school graduates nationwide to receive the prestigious two-year fellowship in public interest law from the firm’s foundation.

McBroom, a clerk for Minnesota Supreme Court Justice Paul Anderson, will work with the Legal Aid Service of Northeastern Minnesota to provide legal services to indigent members of the Leech Lake Reservation community and manufactured-home communities in Itasca and Koochiching counties.

The Mora, Minn., native will practice “community law,” a concept she learned in a critical theory seminar co-taught by William Mitchell Professors Carolyn Grose and Peter Knapp. Grose, a 1996 Skadden Fellow, guided McBroom through the application process “The needs are great in rural areas,” McBroom says. “A community lawyer listens to a client’s problems, utilizes the client’s knowledge, considers the community’s culture, and uses holistic solutions to meet the client’s/community’s needs.”

McBroom worked as a summer associate at Lindquist & Vennum and a law clerk for the 3rd Judicial District Public Defenders’ Office during law school. She received the 2009 Bernard P. Becker Award from the Minnesota State Bar Association for helping establish William Mitchell’s Pro Se Clinic and was co-chair of Mitchell’s student chapter of the Minnesota Justice Foundation (MJF).

wmitchell.edu/alumni for the latest William >> Visit Mitchell alumni news, opportunities to get involved, and ways to connect with other Mitchell grads.

Keep Us Posted: Send your Class Notes updates to magazine@wmitchell.edu or fill out the online form at www.wmitchell.edu/alumni. You can also fax 651-290-7502, call 651-290-6370, or mail your updates to Mitchell on Law, 875 Summit Ave., St. Paul, MN 55105. We (and your classmates) look forward to hearing from you!

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Read the magazine online @ wmitchell.edu/alumni

Mitchell on Law

Obituaries

1951

John R. O’Keefe (Minneapolis College of Law), 84, Minneapolis, died Dec. 27, 2009. He practiced for 40 years and argued several cases before the Minnesota Supreme Court. At age 24, he was elected alderman of Minneapolis’ Eighth Ward, the youngest alderman elected in a major U.S. city. Survived by children Terry, Bridget, Leslie, Elizabeth, John Patrick, and Peter.

1953

Duane M. Peterson (St. Paul College of Law), 80, Winona, Minn., died Oct. 2, 2009. Practiced law for 30 years and served as chair of the Minnesota Bar Association’s Civil Litigation Section and as president of the Minnesota Trial Lawyers Association.

Houston (Minn.) County District Court judge from 1989-1999. U.S. Marine Corps Korean War veteran and youth sports coach. Survived by wife, Patte, and five children.

1955

Glenn H. Kent, 84, Lady Lake, Fla., died Oct. 26, 2009. Joined Honeywell in 1951, serving as vice president, Pension Fund Investments; chair, Investment Advisory Board; and director, Corporate Investor Relations.

Served on Minnesota State Board of Investments. Ensign U.S. Navy, in World War II, and member of Naval Reserve. Survived by wife, Mildred, and children, Tobin and Mindy.

1958

Warren D. Hoglin, 92, Minneapolis, died Nov. 18, 2009. Attorney , Internal Revenue Service. Survived by wife, Rosamonde.

Spring 2010

1960

Gerald W. Kalina, 81, Burnsville, Minn., died Aug. 18, 2009. Judge, 1st Judicial District. Survived by sister, Marie Miner.

1964

Donald G. Paterick, 73, Browning, Mont., died Sept. 23, 2009. Attorney, Minnesota Attorney General’s Office; chief officer, Minnesota Taxpayers Association; and attorney, Blackfoot Nation, East Glacier, Mont. Survived by five siblings and two aunts.

1965

Joseph A. Klimek, 77, Bloomington, Minn., died Sept. 11, 2009.

Workman’s compensation attorney, Wausau Insurance Companies, 19691996. Lieutenant, U.S. Navy. Survived by wife, Mary Ann, and children, Joe Jr., Mary, Katherine, Thomas, Margaret, and Sarah.

1967

Richard M. Olson, 79, New Hope, Minn., died Oct. 17, 2009. Worked as attorney by day and as a crime fighter for the Crystal Police Department by night. Korean War Army vet. Survived by wife, Jimmie, and children, Meredith and Cyndy.

1977

Eugene H. Stein, 59, Minneapolis, Minn., died Nov. 11, 2009. Lawyer who loved the Gunflint Trail and fishing. Survived by wife, Sandi, and son, Jordan.

1982

Rebecca R. Klein, 53, St. Paul, died Oct. 23, 2009. Director of development, The Schubert Club, and former development director, St. Paul Chamber Orchestra. Survived by husband, Bill, and daughters, Michaela and Caitlin.

1984 Raymond E. Wahlberg '58, 78, Panama City, Fla., died Nov. 8, 2009. Former accountant, lawyer in Kenyon and Wanamingo, Minn.; director of planned giving at St. Olaf College in Northfield, Minn.; and general counsel at Luther College in Decorah, Iowa. Board member, William Mitchell College of Law; Community First Bank, Decorah; and Engineered Manufacturing, Ames, Iowa. Survived by wife, Joyce; children, Randy, Brad, Tom, John, and Kathy; and stepchildren, Brian and Tamara.

1984

Lynn S. Headley, 76, Richmond, Va., died June 25, 2009. Survived by children, Laura, Stephen, Amy, Robert, and Ward.

1985

Jean A. Wassenaar, 67, St. Paul, died Nov. 2, 2009. Attorney, Thomson Reuters, and volunteer for Minneapolis Legal Aid. Survived by husband, Gerry, and son.

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To the Point Message from the Dean

36

Today, change in our communities and the legal profession has accelerated. We’re a global society. We’re more diverse than ever and certainly more complex. And the practice of law is being forced to adapt to new business and technological realities. There’s never been a greater need for lawyers with sound judgment and expert skills. And I know that Mitchell is uniquely positioned to produce this new generation of lawyers—our faculty is connected to the profession, our alumni teach in our classrooms, and our distinct brand of legal education already incorporates scholarship and practice.

That’s why, over the next few months, I’ll engage you in a conversation about how we can transform our curriculum so that our graduates are even better prepared to practice the law when they graduate. You are the people who know best how the world is changing in our courtrooms, law firms, businesses, and social-service organizations. And I want to hear from you.

Change is clearly needed. I want Mitchell to be at the forefront.

Read the magazine online @ wmitchell.edu/alumni

Eric S. Janus President and Dean

Mitchell on Law

Photo by Steve Woit

Every January, law school professors and deans from throughout the country attend the Association of American Law Schools Annual Meeting. It’s the largest gathering of law faculty in the world. There are presentations on legal education: what’s working, what can we do better, what’s next?

Two years ago, the Carnegie Foundation Report on Legal Education provoked some controversy. It said legal education is falling short. Many law schools are not adequately preparing graduates with the professional skills and values required for the expert practice of law. For many of my decanal colleagues, the suggestion hit a sour note.

“Great idea to teach skills, but I hired the wrong faculty,” complained one dean from a nearby law school. When the report’s author suggested using practicing lawyers to teach alongside academic faculty, another dean worried that his students might become confused about who the real expert was.

This year, the ABA provided a controversial discussion topic when it presented potential revisions to its accreditation standards for law schools. The draft ABA proposals require law schools to articulate the “outcomes” they seek to produce in their students, and be able to measure their success in producing these desired outcomes. Once again, many deans demurred, worried, perhaps, that a focus on results might disrupt business as usual.

I welcome these changes.

A New Generation of Leaders

The William Mitchell Supreme Court Hall of Honor Former Minnesota Supreme Court Justice Rosalie Wahl ’67 at the new William Mitchell Supreme Court Wall of Honor, which is located on the first floor and commemorates Mitchell alumni who have received the distinction of serving on the state’s high court.

875 Summit Avenue St. Paul, MN 55105-3076

Nonprofit Org. U.S. Postage PAID St. Paul, MN Permit No. 1300