Mitchell on Law Winter 2008

Eric S. Janus

New President and Dean of William Mitchell page 2

WINTER 2008

WILLIAM MITCHELL COLLEGE OF LAW MAGAZINE

on law

Mary McConnell ’84: Queen of the Snows page 4 Balancing Public Good & Personal Rights — Thomas Sjoblom ’78 page 16 Law and Order in the Virtual World page 20

Mitchell on Law

UPCOMING EVENTS JANUARY 26 Admissions Open House 26 2008 Regional Lavender Law Conference 29–30 Jeff Hansen, Director of Borrower Education Services, Access Group Inc. Federal Loan Repayment and Consolidation

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Author Kimm Alayne Walton

Guerilla Tactics for Getting the Legal Job of Your Dreams FEBRUARY

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Stefan Pluta Discussion of Robert Hanssen espionage investigation National Security Forum

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Spencer Overton, Professor of Law, George Washington University Keynote speaker, Black History Month

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Professor Ann Juergens and panel Morning CLE Series: Women Lawyers in the Law Industry

MARCH

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Scholarship Luncheon Third Annual Animal Law Conference Professors Michael Steenson and J. David Prince Morning CLE Series: Torts in the Courts

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Cesar Chavez Day Dinner Admissions Open House

APRIL

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Walter Mondale National Security Forum

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Women in Law Tea Interim Library Director Mary Ann Archer ’90 Morning CLE Series: Basic International Law Sources

TBD

Security of Energy Infrastructure Regulatory Policy Distinguished Speaker Series National Security Forum

MAY

17 Legacy Dinner 18 Spring Commencement 19 Golf Tournament Events are subject to change.

Please check www.wmitchell.edu/events Morning CLE Series at Mitchell All CLEs begin at 7:30 a.m. in Room 319.

Each class is 1 CLE credit. Register online at www.wmitchell.edu.

Volume 25, No.1 Published by the Office of Institutional Advancement, William Mitchell College of Law 875 Summit Avenue, St. Paul, MN 55105-3076 (651) 290-6370 fax: (651) 290-6461 magazine@wmitchell.edu www.wmitchell.edu/alumni Editors Wendy Burt Mary McGlynn Grant

Art Director Pamela Belding

Class Notes Editor Julie Husmoe

Graphic Design Pamela Belding Melinda Bianchet

Writers Lisa Harden Amy Lindgren Meleah Maynard Erin Peterson Andy Steiner Joe Tougas

Photographers Raoul Benavides Christina Gandolfo Tim Rummelhoff Randall Scott Steve Woit

President and Dean Eric S. Janus Chair, Board of Trustees Gregory J. Stenmoe ’81 Board of Trustees Mary Cullen Yeager ’89, vice chair; Judge Elizabeth H. Martin ’80, secretary; James C. Melville ’90, treasurer; Louis L. Ainsworth ’77; Lawrence T. Bell ’79; Stephen R. Bergerson ’74; Stephen B. Bonner ’72; Patricia Ann Burke ’78; Jeffrey P. Cairns ’81; Richard R. Crowl ’76; Mary Lou Dasburg; Michelle A. Hatcher ’98; Penny A. Hunt ’77; Donald M. Lewis; David M. Lilly Jr.; William O. McCormack ’73; Ben I. Omorogbe ’95; Anita M. Pampusch; Kathleen Flynn Peterson ’81; Lewis A. Remele Jr.; Peter M. Reyes Jr. ’97; William R. Sieben ’77; Thomas W. Tinkham; Eric C. Tostrud ’90; Judge Wilhelmina M. Wright; Donald F. Zibell ’62; Richard F. Ziegler Alumni Association President Michelle A. Hatcher ’98 Alumni Association Board of Directors Mark A. Metz ’97, vice president; Jocelyn L. Knoll ’92, secretary/ treasurer; Thomas C. Baxter ’94; Jennifer F. Beck Brown ’03; Aaron A. Dean ’94; John M. Degnan ’76; Dyan J. Ebert ’93; Kate A. Golden ’99; Mark A. Hallberg ’79; Judge Jill Flaskamp Halbrooks ’85; Juan G. Hoyos ‘92; Imani S. Jaafar Mohammad ’04; Barbara J. Klas ’91; William M. Orth ’80; Judge George T. Stephenson ’85; Robert G. Suk ’70; Kay E. Tuveson ’87; Alan R. Vanasek ’69; Piper K. Webb ’97; Sylvia I. Zinn ’84

Mitchell on Law

Table of Contents Features and Profiles 2 Mitchell Man

By Wendy Burt President and Dean Eric S. Janus looks forward to the future of William Mitchell College of Law.

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4 Mary McConnell ’84: Queen of the Snows

By Amy Lindgren As vice president and general counsel at Polaris Industries, Mary McConnell’s job includes snowmobiles, motorcycles, ATVs and the law.

9 Farewell to Professors

By Lisa Harden Over their combined 65 years of teaching, Professors Kenneth Kerwin and Russell Pannier launched innovative classes and programs that helped shape Mitchell’s focus on practical wisdom.

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10 New Minds at Mitchell

By Lisa Harden From groundbreaking fields ranging from international patent law to emerging reproductive technologies, these seven faculty members bring a mix of legal practice and academic experience.

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14 Meet Mitchell’s Fall 2007 Class

By Lisa Harden Inventors, professors, musicians, activists, a Rollergirl, and a black belt are just some of the first-year students enrolled at Mitchell this fall.

16 Balancing Public Good & Personal Rights

By Erin Peterson Former SEC prosecutor Thomas Sjoblom ‘78 is now leading the defense in insider trading cases.

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18 2007 All-School Reunion in Review Photos by Christina Gandolfo 20 Law and Order in the Virtual World

By Meleah Maynard Professor Christina L. Kunz is on the frontlines of e-commerce.

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23 Teri Carlisano—Scholarships Change Lives

By Lisa Harden Without the scholarships she received, second-year student Teri Carlisano would not have been able to attend William Mitchell.

24 Custom Fit—An Approach to Domestic Violence

By Andy Steiner Professor Nancy Ver Steegh is leading the effort to help courts, advocates, and attorneys understand that not all domestic violence cases are the same.

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Departments Cover photo by Raoul Benavides

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News Gratitude Class Notes Making Legal Education Accessible

Read the magazine online @ www.wmitchell.edu/alumni

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By Wendy Burt For 23 years, Eric S. Janus has been preparing a foundation for leading William Mitchell College of Law into its second century of pioneering legal education. Janus was welcomed as the law school’s president and dean on Nov. 8, 2007, after serving for three months in an interim capacity.

Support for Janus as president and dean came from all corners — students (who have voted him favorite professor time and again), alumni, board members, faculty, staff, and the legal community.

“You couldn’t have made a better choice,” said Greg Stenmoe ’81, chair of the board of trustees and partner at Briggs and Morgan. “There is great confidence in his abilities. We have known him for years as a professor and an administrator. The support for him was overwhelmingly enthusiastic.

He knows the institution, the legal community, and the broader community.”

“The community response to Eric’s appointment has been universally enthusiastic,” added Mary Cullen Yeager ’89, chair of the dean selection committee and partner at Faegre & Benson.”People are energized and excited and recognize that we have a strong, dedicated, and inspirational leader at the helm.”

“The broad support from a variety of constituencies for Eric to be selected as dean allowed the board of trustees to take quick, decisive action, including the decision that a national search was not necessary,” said Tenth District Judge Elizabeth Hoene Martin ’80, who also is a member of the board. “Eric’s talents made him a natural as a candidate.”

Following the announcement, Janus received more than 200 emails of congratulations from colleagues, including Ken Starr, dean of Pepperdine University, and students whom he taught as long as 20 years ago.

Since Janus joined Mitchell as the director of the clinical program in 1984, he has focused on the integration of personal values with professional values and practical experience with scholarly study.

“As a professor at Mitchell, I’ve had support for my pro bono work litigating cases involving constitutional rights at all levels of the federal and state court systems.

This real-world experience has formed the basis for much of my scholarly writing,” 2

Mitchell on Law

President and Dean Janus said. “Mitchell continues to create top faculty members by supporting their law.â€? Mitchell has always prided itself on helping students gain practical scholarly work and by communicating opportunity and provide support to wisdom in their education, including their study and expertise. For example, faculty and students to be out in the developing cognitive, practical, and new centers and institutes at Mitchell real world using their skills to improve professional values. the administration of justice, create legal encourage real-world legal practice Janus said his task is to build on that on key issues, such as negotiation, precedent, and inuence public policy. kind of practical legal education with That’s what the school did for me; that’s elder justice, and intellectual property, advancements in assessing students in providing faculty, as well as students, how I would describe my 23 years at their learning and new curriculum, such opportunities to impact the community Mitchell. It’s that principle that guides as Mitchell’s new Keystone Program (see page 6 for more information on me as I begin my role as president and which starts in spring 2008. Keystone Mitchell’s centers.) dean.â€? courses, taken in the ďŹ nal year “We do real-world work “Mitchell continues to create opportunity of law school, require students that is at a very high level,â€?

Janus added. “What Mitchell and provide support to faculty and students to assume active responsibility as professionals, addressing realbrings to bear is national and to be out in the real world using their skills world challenges and producing international expertise. We to improve the administration of justice, substantial, concrete products are not just sitting in ofďŹ ces reecting their learning. Students thinking about it; we are out FUHDWH OHJDO SUHFHGHQW DQG LQĂ XHQFH also receive reinforcement and there making a difference in public policy. evaluation, including selfthe real world. And we literally evaluation.

What differentiates Mitchell from have a global reach.�

As the new president and dean, our competitors, he said, is what’s at Janus cited examples such as the Janus will leave his role as professor, our core — the value of engaged legal William Mitchell Law Review, which is but he hopes that eventually he will be education. “We are highly intellectual 16th in the nation in court citations; able to add a class or two back into his but also highly engaged,â€? Janus faculty writing cited frequently by schedule. emphasized. “Our faculty members are courts; and faculty members quoted “While I will have to temporarily helping to transform the next generation by major media outlets nationally and scale back my teaching, I hope I can internationally. “Just last week,â€? he said, of lawyers. We have a proven track return to it in the long-term because record of producing more judges and “our faculty members were quoted in that is how we stay in touch with the legal work that have had a long-lasting the New York Times and on National student,â€? Janus added. “In my ďŹ rst impact on and value to our community Public Radio.“ 30 days on the job I’m focused on than other schools in our region.â€?

Janus said his goals for William advancing the mission of the school, Continuing to differentiate Mitchell are two-fold: First, to raise supporting the terriďŹ c faculty, wonderful Mitchell in its second century is one scholarship funds that not only provide staff, and strong students. of the college’s challenges. Janus access to legal education but also help “I am happy if I can use my skills to said the Carnegie Foundation report recruit the mix of students that deďŹ nes help Mitchell ourish and thrive. With on educating lawyers is having a big Mitchell as a premier independent law the full support of our college’s friends impact nationally. The report calls “for school. and alumni, I have great conďŹ dence that The second goal is to ensure Mitchell rethinking the curriculum to better we can accomplish that.â€? prepare graduates for the practice of has the resources to attract and retain

About Eric S. Janus Eric S. Janus has a long-standing interest in the Middle East, speciďŹ cally Turkey, where he served for two years in the Peace Corps. He demonstrates the global reach of Mitchell in his current work with Turkish lawyers, judges, and peace ofďŹ cers to modernize the country’s legal system to help Turkey gain entrance into the European Union. In addition, he has expertise in mental health issues and mental health law, helping establish the Law and Psychiatry Clinic. He has frequently testiďŹ ed before the legislature, and in 2006, Cornell University Press published his book Failure to Protect: America’s Sexual Predator Laws and the Rise of the Preventative State.

Winter 2008

His Family Wife Carolyn Chalmers, an attorney, leads the ofďŹ ce for conict resolution at the University of Minnesota. Daughter Leah follows in her parents’ footsteps as an attorney at Fredrickson & Byron.

Son Seth is an ear, nose, and throat surgeon. Eric’s daughter-inlaw is also a physician, and his son-in-law is a Humphrey Institute public policy grad who works for the city of St. Paul.

His ResumÊ William Mitchell, 1984–present Minneapolis Legal Aid Society, 1973–1984 J.D. Harvard Law, 1973 B.A. Carleton College, 1968 3

Mary McConnell

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Mitchell on Law

Alumni Profile

Photo by Steve Woit

By Amy Lindgren

Mary McConnell ’84 didn’t grow up in a snowmobiling-ATV riding family, but she has found herself in a job in which playing with these vehicles is almost a requirement. Indeed, in her current position as vice president and general counsel at Polaris Industries, the executive management team regularly rides snowmobiles, motorcycles, and ATVs to evaluate products. McConnell is also encouraged to use numerous products at home to understand the customer experience; she currently has two snowmobiles and is in line for a Ranger utility vehicle. In a previous position as general counsel for Minneapolis-based Genmar Holdings, the product to experience was boats, and McConnell tried a new one each summer.

So what’s the problem? No problem, McConnell is quick to say. The life of the corporate attorney is just a little different than she pictured during law school. But since her job requires Despite her parents’ fears, McConnell her to understand her did return to finish her degree in wildlife company’s products ...

“Not only do people want to biology and joined the U.S. Army Corps well, duty calls. of Engineers in Minnesota as a wetlands Of course, McConnell’s work for an ethical company, biologist. While there, she was asked to duties consist of more than serve as a scientific expert on behalf of an they want to buy from an ethical attorney, an experience that inspired her checking out recreational vehicles. At Polaris, where attend law school and combine two company. It’s one area where a to she has worked since 2003, disciplines into one career. she oversees every legal area After graduating from William legal department can actually an international products Mitchell, McConnell worked in the civil manufacturer could face. division and prosecuted environmental add brand value and drive sales.

From environmental law to crimes for the Dakota County Attorney’s contracts to product liability, It can be a competitive edge.” Office, then served as a partner with McConnell estimates she has Lindquist & Vennum before starting in touched every subject she corporate law. It’s a setting she especially ever studied at William Mitchell except perhaps constitutional enjoys because of the diversity she finds, both in the legal law. She directs a staff of two attorneys and two paralegals work and in her co-workers. in the legal department she built from scratch, while also “In a law firm, everyone tends to be cut from the same delivering company-wide training programs in ethics. mold,” she notes. “They’re all attorneys, with similar life Why ethics? In addition to her personal commitment to this stories. Here, people come from all walks of life and all types topic, McConnell notes pragmatically, “Not only do people of work. The legal work is equally diverse and interesting.” want to work for an ethical company, they want to buy from It helps that some of that legal work takes place out of an ethical company. It’s one area where a legal department the office and doesn’t require a pinstripe suit. McConnell, can actually add brand value and drive sales. It can be a who has always loved the outdoors, is happy that her career competitive edge.” has brought her full circle, from ski-bum biology student to McConnell didn’t start out to be a business executive, or snowmobiling corporate attorney. even an attorney. She studied biology first, taking eight years to complete her undergraduate degree at the University of Amy Lindgren is a St. Paul-based freelance writer.

Minnesota. It would have gone faster but the time in Aspen as a ski bum slowed her down. Much to her parents’ dismay, Please let us know if there are subjects you would like to see McConnell left college and went to Colorado where she did explored in the next Mitchell on Law and/or if you would be willing to share your perspective. Email magazine@wmitchell.edu. not know a soul. There she settled into a pattern of skiing every day, while working at a series of part-time jobs.

Winter 2008

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“Intellectual property, negotiation, and elder justice are fast-growing areas of law that require skilled lawyers and groundbreaking research. We are confident in the ability of our talented faculty to make significant contributions to the body of knowledge in each of these arenas.”

—Eric S. Janus, president and dean

Centers and institutes bring new focus to critical areas of law To focus faculty scholarship, spur collaboration between legal education and the profession, and continue its tradition of innovative teaching, William Mitchell has announced plans for three new academic centers in critical areas of the legal profession.

The law school has launched the Intellectual Property Institute and the Center for Negotiation and Justice. Early in 2008, the college will introduce the Center for Elder Justice and Policy. These three exciting ventures join William Mitchell’s already established centers: the Rosalie Wahl Legal Practice Center, Tobacco Law Center, and National Security Forum.

“By forming these new centers and institute, William Mitchell continues its long-standing tradition of pioneering legal education and scholarship,” says President and Dean Eric S. Janus.

“Intellectual property, negotiation, and elder justice are fast-growing areas of law that require skilled lawyers and groundbreaking research. We are confident in the ability of our talented faculty to make significant contributions to the body of knowledge in each of these arenas.”

William Mitchell’s current centers and institutes focus on legal practice skills, tobacco law, and national security. The activities of each of these established centers have drawn national recognition to William Mitchell, and Janus believes the new centers and institute will bring further recognition to the college.

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Here is a look at what is planned for the three new centers and institute.

The Intellectual Property Institute, directed by Professor Kenneth Port, will focus on fostering and protecting innovation on a global scale.

Plans are under way to offer an LL.M. degree in intellectual property law and to create a clinic in which students will represent clients pro bono in intellectual property matters.

The Center for Negotiation and Justice is a collaboration between Professors Nancy Ver Steegh and Christine Ver Ploeg and the Alignor Group, a Minneapolis-based firm known worldwide for its training of lawyers, judges, and others in the legal community in negotiation. The center will include courses for law school students and the legal community in negotiation, incorporating outreach to the Twin Cities and other communities worldwide.

The Center for Elder Justice and Policy, led by Professor A. Kimberley Dayton, will facilitate teaching and research about aging issues and the rights of society’s elderly population.

It will also serve Minnesota’s and the nation’s community of senior citizens and their advocates.

Mitchell on Law will continue to cover the groundbreaking work of Mitchell’s centers and institute in future issues.

Mitchell on Law

Mitchell News

Behind the Freedom to Breathe Act The Tobacco Law Center at William Mitchell College of Law has provided Minnesota towns with the legal advice to enact solid nonsmoking ordinances.

As of Oct. 1, 2007, its work went statewide.

By Joe Tougas

Mitchell, the center consisted of one attorney, Doug Blanke, and one support staff person. It had an initial budget of about $150,000. Today, with funding coming through charitable and foundation grants, the center has seven attorneys — led by Blanke — and a budget of more than $1 million.

In advance of the 2007 legislative session, the Tobacco Law Center was approached by a coalition of health groups, including the American Lung Association, Blue

A small group of lawyers at the Tobacco Law Center at William Mitchell College of Law is the legal brains behind the legislation that became the Freedom to Breathe Act, a sweeping new law that eliminated smoking in all Minnesota workplaces, including bars and restaurants.

With each step toward the new law — including 19 committee hearings and debates — the Tobacco Law Center was the go-to legal resource for the lawmakers and public health officials Tobacco Law Center staff, from left, Kerry Cork ’99, Doug Blanke, Julie Ralston Aoki, who needed expert advice and Warren Ortland ’04, Susan Weisman ’80, Mike Freiberg ’05, Maggie Mahoney ’01 often needed it quickly. The center accomplished this without Cross/Blue Shield, and the American Cancer Society to lobbying (the center is not a lobbying group) or even draft the Freedom to Breathe Act. The proposal endured meeting with the lawmakers face to face. a legislative workout like few others — 109 amendments They’ve had practice The Tobacco Law Center was created in 2000 as the result of the state’s settlement with “Big Tobacco” companies. It never had a formal mission statement, yet its mission was clear from the start — to provide legal expertise to local communities seeking to enact non-smoking laws. And to date, nearly every local nonsmoking ordinance enacted in Minnesota has had representatives from the center in its corner, providing legal expertise behind the often volatile scenes.

In its seven years, the growth of the Tobacco Law Center has been remarkable. When it began at William

debated in the course of 19 legislative hearings, some of which lasted longer than eight hours.

“In theory, every one of those hearings is a sudden death playoff,” Blanke said. “You have to get a majority vote in every committee to pass out of that committee and get to the next one. For four or five months, it was like sudden death to get to the next committee.”

Now that the Act is law, the center is bracing for the inevitable legal challenges, most likely from the hospitality industry. But staff say their work is on solid ground both legally and socially.

William Mitchell named one of nation’s top schools for older students The Princeton Review ranked William Mitchell number five in the nation for “Most Welcoming of Older Students.” The ranking is based on institutional data from schools and on surveys of 18,000 students attending the 170 schools profiled.

Winter 2008

Read more news online @ www.wmitchell.edu/alumni

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In the News

Four corporate and education professionals join board of trustees William Mitchell College of Law has named four new members to its 30-member board of trustees: (above, from left) Lynn M. Anderson ’80, Mary C. Cade ’77, Stephen R. Lewis Jr., and William A. Van Brunt.

Anderson is executive vice president and general counsel of Holiday Companies. Prior to Holiday, she was a partner at Lindquist & Vennum in Minneapolis. Cade is vice president and senior counsel for Medtronic Inc., which she

Professor Niels Schaumann named vice dean for faculty

joined in 1996 after spending 10 years as a civil litigator in private practice in Minneapolis. Lewis is president emeritus and professor of economics at Carleton College. He served as Carleton’s president from 1987 to 2002. Van Brunt is executive vice president of Carlson Companies, having joined the company in 2000 as senior vice president and general counsel after 17 years at General Mills. These four new members replace four members whose terms expired.

Professor Niels B. Schaumann has been named vice dean for faculty.

“I have great respect for Niels’ teaching, scholarship, and service, as well as his knowledge and judgment about William Mitchell College of Law and legal education in general,” President and Dean Eric S. Janus said. “He is a leader among the faculty and will be a key contributor in continuing the college’s forward momentum.”

Schaumann joined the William Mitchell faculty in 1989.

He has been a key participant in developing the college’s intellectual property program, focusing much of his teaching and research on copyright law. He also teaches in the areas of corporate and securities law.

Legal Research Tips from the Mitchell Reference Librarians

Mitchell Librarians Tame the Wild, Wild Web Free Internet Research Sources Many valuable and free legal research resources are available on the Internet. However, it can be a daunting experience trying to locate a reliable and useful source.

Next time you are trying to locate a free resource on the Internet, instead of wading through pages of Google or Yahoo search results, start with the Free Internet Research Sources (FIRS) page on the William Mitchell Library Web site (www.wmitchell.edu/resources/).

The FIRS pages are created and continually updated by Mitchell reference librarians. The material is organized so that you can easily locate the type of resource you need.

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In addition to links to primary legal sources, there are also links to research guides and other secondary sources for those times when you need to educate (or re-educate) yourself on a particular legal topic. Non-legal news, business, and technology resources are also included.

Please feel free to visit and bookmark our FIRS page. We hope it helps you be a cost-effective and informed researcher!

Debby Hackerson ’96, Reference Librarian William Mitchell College of Law Warren E. Burger Library

Mitchell on Law

Faculty @ MITCHELL

Farewell to Professors Kirwin and Pannier A Commitment to Passion for the Law

By Lisa Harden Professor Kenneth Kirwin was one of the architects of Mitchell’s nationally recognized WRAP program (Writing & Representation: Advice & Persuasion) in 2000 after serving for many years as coordinator of its predecessor, Legal Research and Writing. Throughout his career he found time to research the areas of professional responsibility, criminal procedure, and workers’ compensation.

On sabbatical: He worked with the legislative Ad Hoc Study Committee of the Minnesota Non-Felony Enforcement Advisory Committee on a revision of the criminal code and the traffic code and testified before the legislature.

Professor Russell Pannier developed new courses and forums for Mitchell students to dissect law and literature. He created Mitchell’s “Logic for Lawyers,” “Philosophy of Law,” and “Comparative Constitutional Law” courses. He started the William Mitchell book club in 1990 with former student Randy Tietjen ’90, partner at Robins, Kaplan, Miller and Ciresi, and Judge Harriet Lansing of the Minnesota Court of Appeals. The club has read 188 tomes and is still going strong.

Favorite class taught: Logic for Lawyers Years at Mitchell: 28

Years at Mitchell: 37 WRAPing it up: “Mitchell’s WRAP program is a way for students to connect theory to practical skills. They learn how research connects to interviewing and counseling a client.”

Teaching style: Problem method. He said he has had students apply law to factual scenarios and develop an approach to solving it.

What he’ll miss most: “The first-year students. They are so enthusiastic. You see the progress they’ve made and the connections they make with WRAP adjuncts.”

Kirwin chaired the Minnesota State Bar Association’s standing committee on Rules of Professional Conduct.

Winter 2008

Plans for retirement: Finish writing three books: one on Thomas Aquinas; one on a new approach to logic; and one on the philosophy of language, the mind and the theory of possibility with co-author Thomas Sullivan from the University of St. Thomas.

Comment from a former student: “Russ embodies everything I wish I could possess myself: kindness, intelligence, gentleness, thoughtfulness, unpretentiousness,” Pannier evaluated applications said Randy Tietjen ’90, for medical experiments for partner, Robins, Kaplan, the University of Minnesota Miller and Ciresi, who Institutional Review Board. co-founded the Mitchell book club along with Pannier and Judge Harriet Lansing of the Minnesota Court of Appeals.

Book every law student should read: Brothers Karamazov

by Fyodor Dostoevski.

Most satisfying part of teaching: The students.

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New Minds at Mitchell

By Lisa Harden

Photography by Raoul Benavides

Mitchell welcomed seven new full-time faculty members this fall

One studies lawyers at work, another explores the parameters of acceptable deviance, another researches the legalities of emerging reproductive technologies, another brings years of experience as a tough negotiator, another is a global patent expert, one possesses practical criminal law wisdom, and another is a connoisseur of the written word.

Professor Mary P. Byrn teaches an area of law so cutting-edge that what was science fiction just a decade ago is now a reality.

Byrn is an expert in reproductive rights, an emerging legal field fueled by rapid-fire advances in assisted reproductive technology (ART), which includes in-vitro fertilization, artificial insemination, surrogacy, cryopreserving embryos, and pre-implanted genetic diagnoses.

“Significant changes in technology happen every six months to a year,” she said. “Five to 10 years ago, cryo-preserving embryos was almost science fiction. Now it is marketed to women in their 20s and 30s.”

Legal system changes, however, have not kept pace with technological changes. “New cases are coming down state by state, but broad sweeping law to create predictability for adults and their children in the world of ART is decades behind,” Byrn said.

For Byrn, the challenge is applying archaic legal language to new situations. “It is a cutting-edge area,” she said. “To be teaching in an area that is so new and underdeveloped means that I have to help students learn how courts apply existing property or contract law to the latest technology.”

Byrn earned a B.A. in political science from Loyola University in Chicago and a J.D. from the University of Minnesota.

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Mitchell on Law

Faculty @ MITCHELL

Criminal Law When is a speed limit sign not a speed limit sign? When it’s a PAD. “Our government goes to great trouble and expense to post speed limit signs every few hundred yards along our roadways. And yet, government and citizens alike know that what’s on the sign is not the ‘real’ speed limit, that is, the one that the state will enforce,” said Professor Mark A. Edwards, who studies the construction and operation of unspoken ‘parameters of acceptable deviance,’ or PADs (a term he coined), around law.

Edwards posits that PADs are formed through the interaction of formal law and a community’s normative sensibilities. “Over time, communities develop a strong but unspoken sense of how much deviance around a law is acceptable to them,” he said. “And, usually, the state accepts that standard and enforces it rather than the actual law.”

With a B.A. in English from the University of Massachusetts-Amherst and a J.D. from the University of Wisconsin-Madison, Edwards studies the law and social relationships. Society’s unwillingness to acknowledge PADs leaves certain groups of people vulnerable to selective enforcement, he said. “For example, the police may unlawfully target drivers because of their race, but can immunize their unlawful motivation by claiming the driver’s behavior was formally illegal, even though it may be well within the community’s PADs (driving 67 mph in a 65 mph zone, for example),” he said. Similar problems arise in the enforcement of zoning ordinances, the current focus of Edwards’ research.

Legal g Profession and Civil Justice System Research To thrive as a non-lawyer among a sea of lawyers, you have to have a good sense of humor. Leading legal researcher Professor Herbert M. Kritzer knows how to poke fun at himself and his subjects.

Kritzer has been studying lawyers for more than 30 years. He has a Ph.D. in political science from the University of North Carolina; did civil litigation research; and taught at the University of Wisconsin from 1977 to 2007. He always knew he wanted to study lawyers, not practice law.

“I wanted to focus on lawyers, and the best data comes from interviews with lawyers,” he said.

Kritzer has talked to lawyers about almost every aspect of their profession, from contingency fees to caseload to advocacy.

He has observed lawyers in law offices and in hearing rooms, and he has conducted systematic surveys of lawyers on issues such as Rule 11 and contingency fee work. Kritzer has collected hard data on the challenges lawyers face simply making a living.

Mitchell can help prepare lawyers for these challenges by simply creating awareness, he said. Kritzer is teaching a new course to help students reflect on the practical experience they receive in externships, as well as teaching Statistics for Lawyers and Politics of Legal Policy classes.

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New Minds at Mitchell

Legal Writing and Advocacy Teaching allows Professor Mehmet Konar-Steenberg to express his duality as an award-winning writer and a hard-working lawyer.

The co-director of Mitchell’s Writing & Representation: Advice & Persuasion (WRAP) program graduated from the University of Minnesota with a degree in journalism and won a prestigious Minnesota Society of Professional Journalists Page One Award for a Minnesota Law & Politics cover story that one judge said “should be required reading at every law school in the country.”

He earned his J.D. from Georgetown University; served as a Minnesota assistant attorney general; practiced with a private law firm; and spent five years supervising one of the legal teams responding to administrative appeals in one of the largest civil rights settlements in history.

Konar-Steenberg chose to teach at Mitchell because the law school puts legal writing on the same level as the doctrinal program. “I can teach writing, which I love, and administrative and constitutional law, which I love,” he said. “A lot of the practice of law is teaching. Trying a case is teaching a judge or jury. Writing a brief is teaching, persuading a panel. It’s a nice way to bring together my writing and legal background.”

As a consultant to one of the country’s top appellate criminal attorneys, Professor Ted Sampsell-Jones has worked with a who’s who of newsmakers: a former Ukrainian prime minister appealing his multi-million dollar extortion and money laundering conviction, a former San Diego mayor sentenced for accepting campaign contributions and cash from a Las Vegas strip club owner to loosen the city’s no-touch laws, and a member of the “West Memphis Three” sitting on Arkansas death row.

Sampsell-Jones worked as an appellate criminal defense attorney with Dennis Riordan in California and in Minnesota for four years representing clients from all walks of life. He still takes cases for indigent defendants on appeal as a special assistant public defender for the Minnesota Appellate Defender’s Office and recently won a case before the Minnesota Supreme Court.

Sampsell-Jones has seen the good, the bad, and the ugly aspects of the legal system. He brings those insights into the classroom teaching Evidence and Civil Procedure.

“Working in the criminal justice system, I can see that it’s a very complicated system for victims, defendants, lawyers, and judges,” said Sampsell-Jones, who received his J.D. from Yale Law School. “It’s hard to learn all of the legal rules and understand how the system works. It’s emotionally difficult as well. I want to prepare students to face tough emotional issues and follow complicated rules.

This is important because there is so much at stake for everyone.”

12

Mitchell on Law

Photography by Raoul Benavides

Criminal Law

Faculty @ MITCHELL

Intellectual Property Professor Jay Erstling’s favorite boyhood hang-out was the United Nations coffee shop in New York City. “I liked seeing all the people in their national dress,” he said. “My dream was to work in an international setting.”

Erstling’s dream came true, but not in the way he expected. The former director of the Patent Cooperation Treaty (PCT) and advisor to the director general of the World Intellectual Property Organization (WIPO) never thought he would become a global intellectual property expert. After earning his J.D. from Cornell University, Erstling worked as a labor law associate for Thorp, Reed and Armstrong in Pittsburgh. He has a B.S. from Cornell’s School of Industrial and Labor Relations. He began his international legal career as a legal officer for the International Labor Organization in Geneva. He later transferred to WIPO, where he learned “on the job.”

Erstling was a very quick study and thrived in the dynamic international environment. He oversaw the PCT’s move to a paperless office and dramatic growth in international filings. He is a much-sought-after presenter and has worked as a consultant for the U.S. Agency for International Development and the U.S. State Department all over the world.

Erstling taught at the University of St. Thomas in St. Paul from 1986 to 2003 and practiced at Fredrikson & Byron in Minneapolis.

Business and Corporate Law Professor Thuy-Nga T. Vo earned a reputation as a tough and effective business negotiator because she knows when to stand firm on a position and when to back down.

“Based on my business and legal experience,“ she said, “it is about achieving the common good. The reality is that business people do not value lawyers who are deal breakers and who continually say ‘no, no, no,’ instead of trying to find the common ground for various parties.”

Vo, who was the director of finance and senior counsel at Land O’Lakes Inc., and a corporate and securities attorney at Dorsey & Whitney, is committed to serving the common good in business and society.

She was born in Vietnam, and her family immigrated to the United States. Every Sunday during the school year, she teaches Vietnamese at the Chua Phat An Vietnamese Language School. “Teaching at the Vietnamese school allows me to share my knowledge of the Vietnamese language and culture,” she says. “It also allows me to participate in and contribute to the Vietnamese community in Minnesota.”

In the classroom, Vo uses real-life examples of business issues. She may talk about actor Kevin Costner’s troubles with his business partner or the expansion of a shopping mall not far from the college. “I want to show students that the business concepts they learn in school do occur and apply to real situations,” she added. “My goal is to help students make the connection between life and classes.”

Watch video clips of Mitchell’s new faculty at www.wmitchell.edu/faculty/interviews

Winter 2008

13 9

Meet Mitchell’s Fall 2007 Class

By Lisa Harden

The Mitchell magazine polled 217 incoming students online to learn more about them.

Mitchell’s current enrollment totals 1,073 students.

Focus on 1Ls

More unusual talents...

An inventor with 25 patents, a former college philosophy professor, a human rights advocate, and a recent Drake University grad are among the 336 students in William Mitchell’s 2007 entering class.

The new class represents 107 undergraduate institutions, 36 states, and 17 countries. They range in age from 21 to 54. Just under half are women (48 percent) and 8 percent are of color.

Approximately one-third (31 percent) attend part time.

Most admire their parents or other family member, but Abraham Lincoln and Martin Luther King Jr. and other historical figures were also cited. Sports stars like Kirby Puckett and Brett Favre got a mention, as did celebrities Bono and Bob Dylan.

Of the foreign languages spoken, Spanish, French, and German top the list. A few 1Ls know Arabic, Greek, and Swahili.

Among the less common tongues are Icelandic, Wolof (spoken in Senegal), and Berber (the language of native Moroccan people).

The Mitchell mix of students comes from a variety of career backgrounds, working as teachers, pharmacists, engineers, EMTs, nannies, a bank teller, bartenders, paralegals, college professors, and a state representative.

In the classroom, most are interested in intellectual property and criminal law, with environmental, business, real estate, international, family, civil rights, constitutional, and contract law rounding out the top 10 areas of study.

In their free time—what little they have—Mitchell’s first-year students play guitar, piano, violin, bassoon, oboe, and lute.

They yodel, tap dance, sing, act, and take photos. They enjoy fly fishing, Irish clogging, curling, training horses, brewing beer, and building wooden boats. There’s a black belt in Taekwondo, a self-proclaimed Xbox 360 player extraordinaire, and a North Star Rollergirl who also knits, embroiders, spins, and sews.

• I can do 156 back flips in a row

Academically speaking...

GPA median: 3.39 LSAT median: 154 Students holding graduate degrees: 33

14

• Fit a golf ball in my mouth • Change a tire in 15 minutes flat • Run a payloader like nobody’s business • Sing soprano, surprising and a little sad, as I’m a 22-year-old man

A quick view...

I own an iPhone: 2.8% I own a pet: 56.3% I volunteer: 52.2% View of capital punishment:

36.7% in favor 63.3% against

Determined to succeed Ellen Won won’t let anything stop her from succeeding in law school.

The spring before she took the LSAT, she was diagnosed with IgA nephropathy, a condition in which the kidneys do not properly filter protein. Medication keeps the disease in check.

“It made me really think about what I want to do and changed my outlook on life,” said Won, who has a bachelor’s degree in advertising management from Drake University and plans to study mediation/arbitration at Mitchell. “I feel extremely lucky to have been given the opportunity to evaluate what is truly important to me.”

The Iowa native of Korean descent plays the flute and piano and loves trying new restaurants—Café Latte and La Grolla near Mitchell are two favorites.

Mitchell on Law

Mitchell Mix

Big Sky girl takes on the big city Dani Sollars left the Big Sky country of Montana for the big city life in Minnesota four years ago to attend the University of St. Thomas and pursue a bachelor’s degree in justice and peace studies.

“I was never a small-town girl,” she says. “I like living in a large city. I do miss the mountains, though. It’s not the same snowboarding or skiing here.”

Sollars is one of 21 first-year Mitchell Fellows who will provide research assistance to Mitchell faculty doing cutting-edge law reform work. She has helped immigrant women and children who were victims of human trafficking in Florida, witnessed heartbreaking cases of neglect at the Minnesota Children’s Law Center, and worked on women’s rights issues for Minnesota Advocates for Human Rights.

Inventor with 25 patents If you’ve ever looked at a laptop screen, then you’re familiar with Hassan Sahouani’s field of work.

The first-year Mitchell law student has contributed about 25 patents for 3M in the area of LCD (liquid crystal display).

Sahouani emigrated from Morocco to the United States 20 years ago and has a bachelor’s degree in science, a master’s in forest protection, and a Ph.D. in physical chemistry and polymer physics.

He decided to go to law school to strengthen his position working with inventors. “Protection of the invention is becoming as critical, if not more critical, than the invention itself,” he says.

The husband and father of two balances a full-time job at 3M with night classes. To ease the transition back to school, he participated in Mitchell’s Summer Enrichment Program, which gives incoming students an intensive orientation to law school classes, resources, and study skills.

To relax, he tends to his small vineyard or plays guitar.

Professor becomes student Eric Wolf is used to assigning homework rather than doing it. The former Carleton College philosophy professor turned first-year law student enrolled at William Mitchell so he could change the world instead of interpreting it.

Wolf has bachelor’s, master’s, and doctoral degrees in philosophy. He doesn’t think his academic background gives him an advantage in the classroom, however. “One professor said law school is the great equalizer,” he says.

The Pennsylvania native taught classes on Global Ethics and Environmental Ethics at Carleton and wants to study environmental law. “Someday I would like to sue a large corporation like Exxon,” he says.

If the presidential election were held today, I would vote for: Barack Obama | 32. 4% Hillary Clinton | 21.6% John Edwards | 12.8% Rudy Giuliani | 12.8% Fred Thompson | 6.4% Mitt Romney | 3.9% Other | 10.3%

Winter 2008

Person I most admire:

Parent(s)

35%

Other

21% Other family member 15

Balancing Public Good

Personal Rights

Thomas Sjoblom '78 Washington, D.C.

16

Mitchell on Law

Alumni Profile Whether he’s working for the SEC or defending clients in insider trading cases, William Mitchell alumnus Thomas V. Sjoblom’s innovative approaches have earned respect among colleagues—and courtroom opponents.

By Erin Peterson

Photo by Randall Scott

T

homas V. Sjoblom ’78 had his

He joined the SEC in 1979, serving “When you’re a prosecutor, you in several roles but focusing primarily think in terms of public good, but share of tough trials when he on market manipulation, where he when you’re involved from the other was a Securities and Exchange helped make new laws and create side, you become very attuned to Commission and Department of new precedent. personal rights,” he added. “You Justice prosecutor, but perhaps no Sjoblom left for private practice see how this process affects personal trial was as grueling as the three in 1999, and his deep knowledge rights, Fifth Amendment rights, and weeks in April 2003 spent in federal of the SEC helped him develop a list rights to due process of law.” court in Birmingham defending of high-profile clients at Proskauer Sjoblom is deeply sensitive to both Richard Scrushy, the former CEO of Rose, including Martin Armstrong, sides after spending two decades at HealthSouth. Scrushy, the first of CEO and chairman of Princeton the SEC prosecuting insider trading, several high-profile CEOs tried under Economics International and Princeton financial fraud, and other securities the Sarbanes-Oxley Act, called on Global Management. Armstrong, frauds—the cases he now spends his Sjoblom to help him, in part, get who is currently serving five years days defending against. access to his $150 million in assets His work on a wide variety of cases on criminal securities fraud, spent that had been frozen by the federal more than seven years in prison for has earned kudos from those who government. know him best: former colleague (and contempt of court after he refused “I worked 421 hours that month,” to turn over documents, Sjoblom said, recalling which Sjoblom argues is 20-hour days of reviewing “You see how this process affects personal an inappropriate use of documents, talking to rights, Fifth Amendment rights, and rights to governmental power. witnesses, and dealing with “He was in jail for seven due process of law.” the crush of national media years without a hearing,” attention. “It was the most says Sjoblom. “They tried intellectually, physically, to apply the thumb screws to get William Mitchell alum) Christopher emotionally, and psychologically him to plead or fold in the litigation.

Bebel ’85 calls him among “the most challenging drama I’ve been I have attacked the court’s use of civil tenacious, determined litigators that involved in.” contempt as a constitutional issue, anyone will ever come across.”

But the work paid off. Sjoblom and we now have a petition in front At William Mitchell, Sjoblom and Scrushy prevailed in that case. of the U.S. Supreme Court. Hopefully, developed an interest in the stock When Scrushy asked if he could use we’ll get this changed.” market and insider trading, and just his bank accounts frozen by the U.S. No matter what happens in the days after taking the Minnesota bar government, “I told [Scrushy] that as Armstrong case, Sjoblom says he’s exam, he packed his bags, rented a far as I knew, he was the only person grateful for the opportunities to be in the United States who had an order U-Haul, and headed to Washington, a part of cutting-edge issues both D.C., to get an advanced degree in from the United States District Court at the SEC and in private practice. securities law at Georgetown and to that said his money was his,” he said.

“I’ve had an extremely interesting work for the SEC. Though he had While Scrushy was later found legal career,” he says. “I’ve had a real been to the city just once before— guilty of charges ranging from bribery opportunity to be a creative lawyer at when he played his trombone on the to mail fraud, those weeks gave the highest levels.”

Capitol steps as part of a high school Sjoblom perspective on the fine marching band trip—he found a line between public rights and Erin Peterson is a Minneapolis-based place to call home. individual ones. freelance writer.

Winter 2008

17

For the ďŹ rst time in 20 years, Mitchell alumni, faculty, staff, and their guests gathered on campus for the All-School Reunion on September 29, 2007. More than 240 alumni representing six decades shared funny stories and life-changing memories.

18

Mitchell on Law

Reunion 2007

“

I love this school.

I’ve really had a great experience at William Mitchell.

”

Michelle Hatcher `98 Assistant Hennepin County Attorney

“

We were at the old building downtown.

There were 105 students and you had to get there early. The last person there would have to sit on the radiator.

”

Orv Larsen `58 Retired Attorney, West Publishing

“

After taking contracts class I have to say I love Doug Heidenreich.

I learned more in that class than anywhere else.

”

Kate Bischoff `04 Attorney, Jackson Lewis

“

William Mitchell put into my hands a legal degree and confidence and depth.

”

Barbara Gislason `80

Fall 2007

Attorney, Barbara J. Gislason & Associates

19

Law and Order in the Virtual World

what happens in-world has real-life consequences and vice versa 20

Mitchell on Law

Faculty @ MITCHELL

Professor Christina L. Kunz is on the frontlines of e-commerce

Illustration by Mary Sandberg and Mitch Puff

By Meleah Maynard In his real-world life, Marc Bragg is an attorney living in West Chester, Penn. But in his “in-world� life in the online game Second Life, Bragg was a land developer who went by the name “Marc Woebegone� and had amassed a substantial amount of virtual real estate.

It was an enviable, albeit virtual, existence that Bragg enjoyed until last May when Linden Lab, the San Francisco game developer behind Second Life, evaporated his virtual assets (valued at $3,000) and shut down his game account following a questionable land deal. Bragg had picked up a large piece of real estate, normally priced at a minimum of $1,000, for $300 after, he admits, circumventing all competing bidders.

Bragg, who owns numerous businesses and nightclubs in Second Life, has ďŹ led a lawsuit (Bragg v. Linden Lab) against the company, claiming that its actions were unfair and that his assets were wrongly conďŹ scated. In his suit, Bragg asserts that his purchase of virtual land at below-market rates through an online auction on the Second Life Web site was legitimate.

Bragg argues that it is Second Life’s problem if glitches in its online auction system allowed him to buy property he shouldn’t have. But that doesn’t seem to sit well with many of the people who post to Second Life-related blogs. His case, in which he seeks $8,000 in restitution, continues to wend its way through the real-world court system—a fact that has caught the attention of attorneys around the world, including William Mitchell College of Law Professor Christina L. Kunz.

Kunz, who teaches courses in contracts and uniform commercial code at the college, has been interested in the legal aspects of electronic commerce since 1991. As co-chair of the Subcommittee on Electronic Commerce for the American Bar Association Section of Business Law, Cyberspace Law Committee, she has done extensive research and speaking on electronic contracts and “click-through� agreements.

Winter 2008

Legal issues abound for virtual gaming sites It was the Bragg case that sparked her interest in the legal issues surrounding virtual worlds or MMORGs (Massive Multiplayer Online Role-Playing Games), such as Second Life, Everquest, and World of Warcraft. In October 2006, the ABA email group she belongs to heard about Bragg. Intrigued, they immediately started trading articles, clippings, blogs, and links about the case and the myriad other legal issues cropping up in the virtual gaming world.

“There are plenty of people out there who look at this and say, Âś2K WKLV LV QRW D WRSLF *HW D Ă€UVW life.’ But I believe there is much more going on here than people realize.â€?

Convinced that the topic warranted further study, Kunz had it added to the agenda of a January 2007 ABA working group meeting. “We held a brainstorming session, and the longer we met the bigger the group got,� Kunz says. “We ended up with a six-page, single-spaced list of legal issues that could potentially come out of these games.� Not surprisingly, Kunz is drawn to the contract issues, which are more complex because Linden Lab grants Second Life residents the intellectual property rights to any content they create, such as clothes, cars, and furniture. Creators can then sell the things they’ve made to avatar shoppers. “One of the questions our group found really interesting is how far the developer who runs the game can go to establish rules of in-world life,� says Kunz. “Is it within the power of the contract to set rules for trading value for in-world currency? And does Second Life really have the right to evaporate your currency rights (as they did with Bragg) if you violate the rules?�

“There are plenty of people out there who look at this and say, ‘Oh, this is not a topic. Get a ďŹ rst life,’â€? Kunz says. “But I believe there is much more going on here than people realize. There are some really interesting questions coming up about whether in-world conduct has realworld legal consequences and whether real-world events and legal rules can also reach in-world.â€?

A Second Life primer Launched in 2003, Second Life is a three-dimensional world that has been built by the hundreds of thousands of Internet users who participate in the site.

Second Life “residents,� as subscribers are called, can download the necessary software and enter the game for free.

Paying an annual fee of $72 buys a host of upgrades. Once there, subscribers choose an online character, or avatar, to represent them in the virtual world. And while users are free to break from the conventions of real-world beauty and take any form they want, say, a can of soup or a cuttleďŹ sh, most of the men and women strolling around Second Life are the same sort of cookie-cutter-perfect people you see on prime-time TV. While inhabiting these awless forms, residents live out their in-world lives doing, well, a lot of the same things they do in real-world life: working to earn in-world currency (Linden dollars) to buy things like clothes, cars, and houses; going to virtual bars and restaurants; looking for love; having sex; and buying more stuff to keep up with the avatar Joneses. And this is where Second Life becomes radically different than other such games, says Kunz. Other than the competition born of vanity and greed, there is no real score-keeping here. There is also a conspicuous lack of monsters, dragons, and trolls along with the battles that generally accompany these nemeses.

Because of this, most people seem to expect a certain amount of civility and fair play from this game.

Continued on next page...

21

Law and Order in the Virtual World ...Continued from page 21

With money comes legal trouble — even in a virtual world But with money comes trouble, says Kunz. Unlike other games where a few dollars may be spent on a weapon or a magic spell here or there, many people have a fair amount of money invested in Second Life. Participants either work inworld jobs to earn the Linden dollars they spend, or they buy them through the Linden Lab currency exchange, which converts money at a floating rate, currently about 257 Linden dollars per U.S. dollar. It may sound like it would be tough to get in deep, but consider for a moment that islands in the game regularly go for more than $1,600, and some developers and landlords in the game own hundreds of properties.

Since participants have so much at stake, Kunz and many other attorneys believe it’s really no surprise that there are legal troubles in paradise. “If someone comes along and rips your arms off in World of Warcraft you just regenerate,” Kunz says. “But if someone vandalizes the house you paid for in Second Life, people wonder whether there was supposed to be someone there protecting them, like the police force or the military. Right now, when you’re in Second Life you’re out there on the frontier defending yourself and your property.”

Government regulation comes to e-commerce?

Some real-world regulators have already made their presence felt in the

game. In April, with cooperation from Linden Lab, the FBI — in avatar form — visited casinos in Second Life, in response to some reported scandals.

By August, Linden Labs had banned all in-world gambling, and in-world casinos were closed. “It didn’t surprise me,” says Kunz. “The question was: What

“If someone comes along and rips your arms off in World of Warcraft you just regenerate.

But, if someone vandalizes the house you paid for in Second Life, people wonder whether there was supposed to be someone there protecting them, like the police force or the military.” jurisdiction’s laws were those casinos governed by? Various states regulate gambling differently, and jurisdiction is always the $64,000 question in electronic commerce.”

But banning gambling created other problems in the Second Life world.

Gambling was the most profitable business in Second Life, and the game’s virtual casinos were well stocked with virtual ATMs. Once the gambling ban was announced, Second Life residents withdrew their money so quickly that

Second Life’s largest bank, Ginko Financial, experienced a “run on the bank” and had to declare insolvency, affecting holdings totaling 200 million Lindens ($750,000 U.S.) invested by Second Life residents. The bank, which formerly had been promising returns-on-investment over 40 percent, converted the account-holders’ funds into in-world bonds with a return of 3 percent and traded on an in-world stock exchange.

Because in-world banks are not regulated, angry customers had no recourse.

“It’s interesting how people just assumed real-world rules would apply, but right now there’s no FDIC or SEC in Second Life,” says Kunz. “Linden Labs cautions its residents against reckless investments, but I also wonder why there isn’t regulation of in-world banks already, by either in-world or real-world regulators.”

With so many legal quandaries yet to explore in the virtual world, Kunz imagines it will be a long while before the issues the ABA Cyberspace Law Committee is studying start to gel into something people can use. Right now, she and her committee co-chair are just focusing on getting people thinking about the questions.

“I’m not quite sure where this is going,” Kunz admits. “But it feels to me like we’re into the next phase of something. A colleague of mine calls this ‘lawyering on the edge’ and it is.”

Meleah Maynard is a Minneapolis freelance writer.

“The vigor of the student body at William Mitchell makes this a terrific place to teach.

I enjoy bringing my ABA public service work (on UCC Article 2 and e-commerce law) to my teaching to infuse real-life concerns and situations into the classroom. In addition, my students’ input plays a key role in helping me write textbooks on sales law, writing, and research.” christina.kunz @wmitchell.edu Teaches: Business — Negotiating and Drafting Business Agreements Contracts Feminist Jurisprudence UCC — Sales 22

Mitchell on Law

Scholarships

Scholarships Change Lives Full-time student Teri Carlisano, the recipient of several scholarships and mother of two pre-teens, says the scholarships she received were a key factor in attending Mitchell.

Teri Carlisano 2L

Photo by Christina Gandolfo

Measuring the Difference As a young girl, Teri Carlisano tuned in other ways to resolve conflicts besides every afternoon to WCCO radio’s “Point litigation. She attended an alternative of Law” segment. dispute resolution (ADR) program though The deep-voiced announcer presented Pepperdine Law School in London and a legal problem, broke for a commercial, Geneva and found an area of law that fit and then came back with the judge’s her desire to make a difference. decision. The segment was sponsored by Today, Carlisano’s life has come full Sieben, Gross, Von Holtum & Carey. circle. The third-year student at William “When I was little, I wanted to be a Mitchell College of Law is receiving a lawyer. Then I changed my mind because scholarship whose contributors include I didn’t want to fight for a living,” she a founding partner of Sieben, Gross, says. ”I don’t like winning at the expense Von Holtum & Carey—the law firm of others.” that sponsored the radio segment she As an undergrad, Carlisano studied listened to as a child in the 1970s. She in Austria and East Germany. She earned also received Mitchell’s Presidential a bachelor’s degree in management and Scholarship and the Honorable German and a masters of international Elizabeth Hoene Martin ’80 Scholarship management and went to work in the Endowment for Women, created by import/export business, “Scholarships were a key factor in my decision to traveling attend William Mitchell. I am very grateful to have the frequently À QDQFLDO IUHHGRP WR SXUVXH D OHJDO FDUHHU EDVHG RQ to Europe.

She met with my interests rather than solely on salary potential.”

European —Teri Carlisano artisans who handcrafted glass items in their Judge Hoene Martin and her husband, basement studios and German factory David G. Martin, with private gifts and workers who produced limited edition matching gifts from Martin’s employer, nutcrackers while working for Midwest Medtronic. of Cannon Falls, the Minnesota-based “When I’m in my ADR classes at distributor of seasonal gifts.

Mitchell, I feel like I am in the right After a successful 10-year career, place,” Carlisano says. “My interest is in Carlisano stayed home to raise her three conflict resolution. Litigation is only one children. Eight years later, she revived her way to resolve conflict.” childhood dream and began exploring Carlisano is also doing an externship

Winter 2008

at the Erickson Mediation Institute, helping people through divorce.

“Alternatives to litigation, like mediation, are particularly appropriate in the family law setting, where the parties must maintain an ongoing relationship.”

As a former Minnesota Trade Association board member, Carlisano sees a link between ADR and her international background. “In my previous career, I helped people from different cultures reach common goals despite frequent obstacles to communication,” she says. “Similarly, I hope to use my conflict resolution skills to help people with different perspectives reach productive agreements.”

Carlisano, a two-time Twin Cities marathoner and dedicated volunteer at her children’s school, chose Mitchell because it fits her busy life. She has appreciated flexible scheduling options which have allowed her to maximize her time with her family.

“As I look forward to my career, I want to make a difference and still maintain my life balance. That’s nonnegotiable.”

—Lisa Harden For more information about creating a scholarship at William Mitchell, contact Lisa C. Barton ‘97 by emailing lisa.barton@wmitchell.edu or call (651) 290-6357.

23

Professor Nancy Ver Steegh is leading the effort to help courts, advocates, and attorneys understand that not all domestic violence cases are the same.

By Andy Steiner

Anyone who’s ever tried on an article of clothing knows that items labeled “one-sizefits-all” never actually fit anybody.

It’s the same in the court system: For decades, family courts have treated nearly all domestic violence cases in a similar fashion— regardless of the unique situations of the families. From the outside, this “streamlined” approach may appear to be more efficient, but like multi-sized clothing, it’s rarely the perfect fit for victims, perpetrators, or their families.

Nancy Ver Steegh, William Mitchell professor of law, knows all too well about this problem. A former legal aid attorney and consultant in domestic violence counseling, litigation, and law reform, she’s seen first-hand the negative effects such treatment can have on the very people the system seeks to protect.

“The one-size-fits-all approach to domestic violence does everyone a disservice,” says Ver Steegh, who is recognized as a national leader in the field. “These cases are way too complicated and complex to be squeezed into one mold.”

While experts generally agree that a onesize approach to handling domestic violence cases doesn’t work, what complicates matters more is that researchers and practitioners who work in the field have struggled for years to reconcile conflicting research about the frequency and nature of domestic violence.

“There’s still a significant amount of disagreement about domestic violence,” Ver Steegh explains. “Over the years, different schools of thought have developed.”

Experts now believe that there may be patterns of domestic violence. For example, according to Ver Steegh, research suggests that some violence is control-instigated and involves an escalating pattern of coercion and intimidation. In contrast, isolated incidents of conflict-instigated violence may occur when 24

Mitchell on Law

Illustration by Pamela Belding

Faculty @ Mitchell partners have poor conflict resolution on all the issues raised, “difficult-butskills. rewarding progress was made,” Ver Being able to differentiate varying Steegh says. types of domestic violence helps lawyers, Much of the consensus that was judges, and advocates figure out the reached centered around the need next course of action for each case. for attorneys, judges, and other court Loretta Frederick ’78, senior legal and workers to fully investigate all cases policy director of the Battered Women’s of domestic violence before court Justice Project, National Resource Center proceedings take place. on Domestic Violence Law, says, “Nancy “We are giving people a framework has been doing very important thinking to be more discerning, to ask more and research about how we ´7KH RQH VL]H ÀWV DOO DSSURDFK WR GRPHVWLF become more violence does everyone a disservice. These nuanced in treating cases of cases are way too complicated and complex to be intimate partner violence and how squeezed into one mold.” we figure out the best intervention for both the victim and questions, to make sure that they are the perpetrator.” comprehensively evaluating a case In February 2007, Ver Steegh and in order to be able to provide better Frederick worked with the Association of counseling to victims and perpetrators,” Family and Conciliation Courts and the Ver Steegh says. “We want to make National Council of Juvenile and Family sure the complete picture is looked at as Court Judges to convene the Wingspread much as possible.”

Conference on Domestic Violence and Conference participants have already Family Courts. They brought together agreed to continue the important leading researchers and practitioners to work that began at Wingspread, Ver discuss ways to more effectively meet the Steegh says. “In the future, conference needs of families experiencing domestic participants will work on developing violence. Participants included members some common language so that when of the domestic violence advocacy we’re dealing with domestic violence community; family court judges and cases we all know that we’re talking administrators; mental health, dispute about the same things.” resolution, and other professionals Wingspread was an important first working in the family court system; step, but there’s still work to do, Ver and academics from the fields of law Steegh cautions. “More investigation and social science. While conference and research is going on.” attendees did not reach clear consensus Still, Ver Steegh and others believe

that their work of isolating and describing specific patterns of violence will in the future provide practical guidelines and assistance to professionals working in the family court system, helping them to differentiate types of violence and to know which treatments and legal actions have been found to work best in each case.

Another way to continue this progressive work on domestic violence issues is to train family court judges to recognize the complexities inherent in domestic violence cases. Because they are both recognized experts in the field, Ver Steegh and Frederick conduct judicial training seminars on domestic violence.

These seminars aim to educate judges and other court professionals about how to recognize and understand the nuances in such cases.

“When I work with judges, one of my goals is to explain why one sort of offender generally needs to be distinguished from another,” Frederick says. “If you don’t do this, you are going to harm people by choosing the wrong interventions for them. For instance, some types of offenders benefit from probation; others do not. This is a basic idea, but it’s an important one that still too often is overlooked.”

Adds Ver Steegh: “It may be that we’re witnessing a changing course, that each domestic violence case will soon be treated individually, that the best solution will be found for each distinct case.”

Andy Steiner is a St. Paul-based freelance writer.

“Lawyers play an important societal role in preventing and resolving conflict. They are creative problem-solvers who are able to work effectively with clients and other professionals. Legal education involves more than acquiring a body of knowledge — it also involves developing sound judgment about when and how that knowledge should be used.” nancy.versteegh @wmitchell.edu Teaches: ADR — Alternative Dispute Resolution Advocacy Externship — Family Law Externship

Winter 2008

Family Law Family Law — Advanced Seminar on Domestic Violence Family Mediation Skills Poverty Law

Professional Responsibility Writing & Representation: Advice & Persuasion (WRAP)

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Custom Fit | An Approach to Domestic Violence

A Call to Law: “I’ve always wanted to help people,” says Bev Benson ’85, an assistant Hennepin County attorney.

Since 1989, Benson has been a member of the office’s domestic violence team, focusing on the prosecution of individuals charged with domestic abuse.

Benson feels the assignment is a perfect fit because her desire to help others is fed by the cases she champions. She believes that when she successfully prosecutes a case against an abuser, she’s helping a group of people who don’t always have a voice.

“Domestic violence affects more than just the direct victim,” Benson says. “Often, domestic abuse is witnessed or at least heard by children—a group of people who really deserve our protection. If we want to effectively serve the community, we need to protect our most vulnerable population—

Bev Benson ’85

children and crime victims.”

While she still believes society has a long way to go in the fight against domestic violence, Benson says she has seen some positive attitude shifts in her 21 years as a prosecutor.

“When I started here we used to handle only a handful of domestic abuse cases,” Benson recalls. “Now these kinds of cases—including homicides with child victims—are the majority of the cases we prosecute.”

“ If we want to effectively serve the community, we need to protect our most vulnerable population—children and crime victims.”

In the past, courts did not understand how to respond to cases involving domestic abuse, because the community did not understand the dynamics of domestic violence, Benson believes. “Police used to respond to domestic violence calls with a ‘walk and talk’ or ‘walk and counsel’

approach,” she says. “Police would separate the parties, send the offending party away, and talk to the victim. This is no longer viewed as an appropriate response. A mandatory arrest law assures that the cycle of violence is interrupted at least initially.”

Today, after the murders of abused women have made headline news— and domestic violence advocates have successfully alerted legislators to the need for tighter punishments for abusers— attitudes within the system have changed, Benson says.

She credits much of these important changes to the hard work of researchers, battered women’s advocates, and nonprofits, the very same group of people who attended the Wingspread conference.

Benson explains, “The impetus for this change has been the constant, careful lobbying by advocacy groups—advocates who went to the legislature and were supported by the leadership of many insightful legislators.”

—Andy Steiner

Mitchell Faculty Associate Professor of Law Carolyn Grose, who originally hails from New York, is enjoying Minnesota — even the winter and snow. Grose, who joined William Mitchell in fall 2006, said she fully feels a part of the faculty, and since seven new faculty members joined in the fall of 2007 she is no longer the newest person on the block.

“I enjoyed having the new faculty join us last fall,” said Grose, whose expertise is in family law.

“I really feel like I am part of Mitchell.”

Grose said she continues to be impressed with Mitchell’s commitment to teaching, and she has been encouraged to pursue her legal interests on every level. In addition to teaching the Civil Advocacy

26

Clinic, Tax Planning Clinic, and WRAP, she is working on several new projects, including: • Developing a new Keystone course on economic justice that will begin in fall 2008 or spring 2009; • Expanding the Tax Planning Clinic to consider other life-planning cases such as guardianship or estate planning; and • Planning a fall conference on how to keep Mitchell in the forefront of legal education.

“I’ve been encouraged to take a leadership role in working with other members of the community and faculty to look at how we can keep Mitchell’s position as a leader in legal education,” Grose said.

Mitchell on Law

Gratitude

Giving is All in the Family Tips for teaching children to give: • Designate part of their allowance for “sharing” with a charity.

• Volunteer together as a family.

• Give a “share check” as a gift. Specify the dollar amount but leave “pay to the order of” blank, so the child can choose the recipient.

• Model good financial behavior.

For more tips go to

www.sharesavespend.com

Winter 2008

By Lisa Harden Giving is all in the family for Kris Gabel ’92, her husband, Greg Nelson, and three stepchildren.

Last year, the Nelson/Gabel family established a scholarship at William Mitchell for women who are interested in careers as corporate attorneys. “I received a scholarship to Mitchell and it helped me, so I wanted to make a difference for someone else,” says Kris, who is the associate general counsel at Merrill Corporation in St. Paul.

Nathan Dungan, a financial expert from the Twin Cities who founded Share Save Spend, a national organization to help youth and adults develop healthy financial habits, says the Nelson/Gabel’s modeling approach is great way to teach kids about giving.

“Families that practice experiential philanthropy create a sense of awareness that helps young people develop an attitude of compassion,” Dungan says. He suggests that families find a cause children can “share” part of their allowance with, such as a food shelf, and then take them to visit the organization so they can see where their money is going.

Kris brought her youngest stepdaughter along when she gave boardwalk tours at Corkscrew Swamp Sanctuary in Naples, Florida. “April loved nature, so it was a great opportunity for me to bond with her and teach her that you can really make a difference in society by showing that you care,” Kris says.

Greg and his oldest daughter, Amanda, helped build Habitat for Humanity homes in Immokalee, Florida.

“It was good bonding time that also made us both feel good inside,” he remembers.

Greg’s sister formed and runs Everyday Miracles, a nonprofit organization that provides doula services (similar to midwives) to high-risk mothers, so Kris’ stepchildren often pay for their own tickets to Everyday Miracle’s fundraising events.

Kris and Greg were named 2007 Volunteers of the Year for the Florida Audubon Society for their work at Corkscrew Swamp. They also volunteer at SCORE, a nonprofit organization partially funded by the Small Business Association that provides business counseling to small and emerging businesses.

Parents can begin teaching their children about giving as soon as they say “I want” something. “The earlier you start, the easier it will be to make them understand the difference between wants and needs,” Dungan says. “When your children are 25 to 30, what kind of financial skills do you want them to have?”

The Nelson/Gabel children, now grown, continue to give to charitable organizations and volunteer. “Teaching kids to give back is a value that lasts a lifetime,” Kris says.

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Class Notes

1952

Alvin “Al” R. Mueller (St. Paul College of Law) received the Sertoma Club’s Service to Mankind award for his volunteer service to the community of New Ulm, Minn.

1957

The class of 1957 was recognized by the Minnesota State Bar Association in April 2007 for 50 years of honorable service in law.

1961

Franklin D. Peterson was elected Potentate (CEO) of the Osman Shrine Temple, St. Paul.

Mitchell honors outstanding alumnae

Gail Chang Bohr ‘91 received the Honorable Warren E. Burger Distinguished Alumni Award and Judge Elizabeth Hoene Martin ’80 received the Honorable Ronald E. Hachey Outstanding Alumni Award from William Mitchell for their contributions to the profession and college, respectively.

As executive director of the Children’s Law Center of Minnesota, Chang Bohr has recruited and trained more than 250 pro bono lawyers and, in 2006, leveraged more than $1.75 million worth of legal services for Minnesota’s children. She has advocated for critical policy and system reform affecting children’s rights and serves on the American Bar Association Section of Litigation Children’s Rights Litigation Working Group. The Distinguished Alumni Award was renamed this year in honor of Chief Justice Burger ’31.

Before her appointment to the Tenth District Court bench in Washington County, Hoene Martin was a nationally recognized product liability and employment litigator with Doherty, Rumble & Butler.

The current Mitchell board of trustees member has served as an adjunct professor, student mentor, development committee member, and co-chair of the Alumni Annual Fund. She also was a founding member of the college’s women in law committee and has established a scholarship endowment for women.

1963

Judge Dennis A. Challeen released his newest book, Swamp Water Jurisprudence.

1968

Terrance W. Votel was elected to serve as MSBA secretary.

1975

Donald “Toby” E. Schmid celebrated the 30th anniversary of his firm, Hauser and Schmid, Sleepy Eye, Minn.

1976

Thomas H. Frost was appointed executive director of CornerHouse, a Mpls.-based child abuse evaluation and training center.

Eric J. Magnuson joined Briggs and Morgan, Mpls., as a shareholder in the business litigation section.

John E. Trojack was elected to serve on the Ramsey County Law Library board of trustees.

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1977

Robyn L. Hansen was appointed to the board of trustees of the Amherst H. Wilder Foundation, St. Paul.

William R. Sieben was inducted as a fellow of the International Society of Barristers.

1978

David F. Herr was elected to the Governance Committee of Maslon, Edelman, Borman and Brand, Mpls.

Michael G. Simpson was selected as chairman of the MetroNorth Chamber of Commerce, Blaine, Minn.

Michael J. Ford became president-elect of the MSBA, 2008–09.

Joyce M. James joined M&I Wealth Management, Milwaukee, Wis., as vice president of trust services.

Mitchell on Law

Class Notes 1980

Barbara J. Gislason will serve as an advisor to the U.S. Department of Homeland Security on animal-related revisions to the National Response Plan.

John H. Guthmann was elected to serve as representative on the MSBA assembly.

1981

Judge Mark A. Munger’s fourth novel, Esther’s Race, was published by Cloquet River Press.

Dan C. O’Connell was elected to serve as alternate representative on the MSBA assembly.

Kathleen Flynn Peterson was inducted as 2007–08 president of the American Association of Justice (formerly ATLA).

Dwayne C. Radel was promoted from vice president to senior vice president of Securian Financial Group, St. Paul.

1982

Alain Frécon was promoted by presidential decree to the Order of the Legion Honor or Légion d’honneur, France’s highest honor, in recognition of his work on behalf of France and Minnesota as the honorary consul of France to Minnesota, as a foreign trade adviser to France, and a president of the local chapter of the French American Chamber of Commerce.

Judge Shawn M. Moynihan was appointed by Gov. Tim Pawlenty to a 1st Judicial District trial court bench vacancy in Hastings, Minn.

1983

Peggy J. Birk joined Briggs and Morgan, Mpls., as an of counsel attorney.

Winter 2008

Mark J. Hanson joined the Mpls. office of Stoel Rives, practicing in the firm’s energy and telecommunications group.

Luke M. Seifert was named to the Million Dollar Advocates Forum, in which members have won million and multi-million dollar verdicts, awards, and settlements, and represent less than 1 percent of lawyers in the country.

1984

Stephen M. Hickok was elected as equity shareholder of Parsinen Kaplan Rosberg and Gotlieb, Mpls.

Michael T. Kallas relocated his practice, Kallas & Associates, to 4940 Viking Drive, Suite 652, Edina, Minn.

1985

Tom J. Harbinson had his article, “Crawford v. Washington and Davis v. Washington’s Originalism: Historical Arguments Showing Child Abuse Victims’ Statements to Physicians are Nontestimonial and Admissible as an Exception to the Confrontation Clause,” published in 58 Mercer Law Review 569. He is a senior attorney with the National District Attorneys Association.

Judge Sally L. Tarnowski was appointed to the 6th Judicial District bench, Duluth, Minn., by Gov. Pawlenty.

1987

Brian A. Nasi joined South Country Health Alliance, Owatonna, Minn., as chief executive officer.

Judge Robert D. Tiffany was appointed to the 9th Judicial District in Park Rapids, Minn., by Gov. Pawlenty.

1988

Michael G. Swanson became the 11th Minnesotan to complete a marathon in all 50 states when he finished a marathon in Whidbey Island, Wash. He has completed 80 total marathons on 71 different race courses. He writes, “About 11 years ago, my doctor told me I should consider running to improve my health. I guess I got hooked.”

1989

Richard H. Kyle Jr. was elected president of the Ramsey County Bar Association and was elected to serve as representative on the MSBA assembly.

Jessie R. Nicholson was elected to serve as representative on the MSBA assembly.

William A. LeMire joined Arthur, Chapman, Kettering, Smetak & Pikala, Mpls., as a shareholder. His practice focuses on product liability and litigation from fires and explosions.

1986

1990

J. Scott Harr was promoted to associate professor at Concordia University, St. Paul, where he chairs the Criminal Justice Department. He also had his fourth edition of Constitutional Law and the Criminal Justice System published by Thomson Wadsworth.

James I. Roberts was chosen for an Outstanding Service Award by the Central Minnesota Legal Services volunteer attorney program, St. Cloud, Minn.

Clark C. Griffith was named commissioner of the Northern League of Professional Baseball.

Philip K. Miller became the Koochiching County attorney, International Falls, Minn.

Read the magazine online @ www.wmitchell.edu/alumni

29

Class Notes 1991

Theodore (Ted) J. Collins joined InterAct Public Safety Systems, Winston-Salem, N.C., as president and chief operating officer.

Barbara J. Klas was named director of the International Institute for Women Entrepreneurs at the College of St. Catherine, St. Paul.

Eric D. Larson was elected to serve as alternate representative on the MSBA assembly.

Michelle E. Moren joined her father, Patrick D. Moren ’67 at his practice, Law Offices of Patrick D. Moren, Roseau, Minn.

Barry A. O’Neil was elected to the board of directors of Lommen, Abdo, Cole, King & Stageberg, Mpls.

Judith M. Rush opened Solo Suites, Edina, Minn., a collegial office environment for solo practitioners.

1992

Jocelyn L. Knoll was selected Dorsey & Whitney’s, Mpls., Partner of the Year 2007.

1993

Mark J. Kinney joined Dorsey & Whitney, Mpls., as a partner in the benefits and compensation group. His practice focuses on health and welfare benefit issues, with particular focus on consumer-driven health care.

Amy H. Kuronen joined U.S. Bank Private Client Group, Duluth, Minn., as a personal trust relationship manager.

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1994

Gary R. Christensen was promoted from second vice president to vice president of Securian Financial Group, St. Paul.

Melanie S. Ford was presented the Women Candidate Development Coalition’s Lucy Hahn Barbara Stuhler Political Courage Award to commend her pursuit of the position of St. Louis County attorney.

Charles F. Clippert was elected vice president of the Ramsey County Bar Association. He will lead the organization as president in 2009–10.

William P. Stark III was appointed senior advanced marketing counsel for Securian Financial Group, St. Paul.

1995

Jonathan M. Alexander became principal of Monument Strategies, a lobbying and consulting firm in Washington, D.C. Michael G. Bjellos joined the National Arbitration Forum, Mpls., as senior business development executive.

Kari Jensen Thomas was elected president of Minnesota Women Lawyers, Mpls.

1996

Valerie M. Jensen-Edet was selected as the executive director of Twin Cities Diversity in Practice.

Heidi Schellhas ’80, Matthew Johnson ’92 appointed to Minnesota Court of Appeals

Judge Heidi S. Schellhas ’80 and Matthew E. Johnson ’92 have been appointed to the Minnesota Court of Appeals by Gov. Tim Pawlenty.

Schellhas was a partner at Rode, Lucas and Schellhas in Edina, Minn., and had her own practice before becoming a Hennepin County District Court judge in 1986. She is the lead judge of the 4th Judicial District’s Domestic Violence Court, chairs its steering committee, and co-chairs its Family Violence Coordinating Council.

Johnson is an attorney and shareholder with Halleland, Lewis, Nilan and Johnson in Minneapolis.

Since 1992, he has practiced in commercial and employment litigation, including contractual disputes, business torts, trade secrets, restrictive covenants, and employment discrimination.

Mitchell on Law

Class Notes 1996 (continued)

Kathy S. Kimmel joined Oppenheimer Wolff & Donnelly, Mpls., as a partner in the business litigation group.

Christopher J. Sorenson was named to the Northfield Area YMCA board of directors.

1997

Carrie L. Hund was elected shareholder of Bassford Remele, Mpls.

Barbara A. McFadden joined Tessneer and Kelsey, Cambridge, Minn., as an associate attorney.

1998

Susan J. Bowden joined McCullough, Williams, Bowden & Cyr, St. Paul, as a partner. She practices primarily in the area of personal injury.

Lisa Watson Cyr became partner with McCullough, Williams, Bowden & Cyr, St. Paul.

Jennifer K. (Wichelman) Huelskoetter was elected partner at Bowman and Brooke, Mpls., where she practices in the area of products liability defense.

Thomas F. Murtha has opened Murtha Law Office, Aitkin, Minn.

Gregory J. Myers was made partner at Lockridge Grindal Nauen, Mpls.

His practice areas include commercial litigation in federal and state court, health care law, and securities law.

Chad M. Roggeman was named a shareholder of Leonard, Street and Deinard. His practice, in the St. Cloud, Minn., office, focuses on estate planning.

Winter 2008

Todd A. Taylor joined Fredrikson & Byron, Mpls., as an officer in the firm’s corporate, securities, and renewable energy groups.

Kimberly Tourdot Walker formed Kimberly T. Walker Law Office, Edina, Minn., a firm specializing in family law.

She and her husband, William, also welcomed their second child, Catherine Margaret, on May 14, 2007. Catherine joins brother William.

Cory P. Whalen was named partner at Sieben, Grose, Von Holtum & Carey, Mpls. He practices in the areas of personal injury, products liability, wrongful death, malpractice, and insurance litigation.

Brian N. Larson published the paper, “Clicking Away Your Rights: The Enforceability of Gagwrap Licenses,” in 12 Communication Law and Policy 37-89 (2007).

David W. Law was hired as principal of Sunrise Park Middle School, White Bear Lake, Minn.

Kafi C. Linville joined Arthur, Chapman, Kettering, Smetak & Pikala, Mpls., as an associate in the construction law practice group.

1999

Joseph M. Nemo III was elected shareholder at Arthur, Chapman, Kettering, Smetak & Pikala, Mpls.

Aaron M. Ponce was named partner at Foley & Mansfield, Mpls. He works in the area of environmental and pollution law.

Jennifer L. VanDerBosch Starkey joined Berry Law Offices, Chisago City, Minn., as an associate, focusing in the areas of real estate, probate, and construction law.

2000

Mark C. Dietzen was elected partner at Lindquist & Vennum, Mpls., in the firm’s financial institutions group.

Joshua A. Hasko joined Messerli & Kramer, Mpls., in its litigation group, practicing in the area of business litigation.

DeAnne M. Hilgers was elected partner at Lindquist & Vennum, Mpls., in the firm’s litigation group.

Justice Sam Hanson ’65

Justice Sam Hanson ‘65 steps down in January from the Minnesota Supreme Court.

Mitchell thanks him for his public service. Hanson served five years on the Supreme Court and two on the Court of Appeals. His accomplishments include serving as chair of the advisory board for the Children’s Justice Initiative and leadership on judicial branch initiatives to provide legal services to low-income Minnesotans and to develop a new judicial council.

He returns to Briggs and Morgan, Mpls.

Read the magazine online @ www.wmitchell.edu/alumni

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Class Notes 2000 (continued)

Hilary D. Marden-Resnik, vice president of human resources for Hennepin County Medical Center, and her husband, Barry, had a son, Nathan Resnik, on June 8, 2007.

Valerie R. Sims was elected shareholder at Lomen, Abdo, Cole, King & Stageberg, Mpls., practicing in litigation, with an emphasis on class actions, construction litigation, and insurance defense matters.

Wendy Spychalla-Badger joined Morrison, Fenske & Sund, Minnetonka, Minn., She represents small and midsized companies.

2001

Kathleen M. Daly joined Best & Flanagan, Mpls., as a litigation associate, practicing in commercial litigation and white-collar criminal defense.

Garth G. Gavenda was hired as an associate at Anastasi & Associates, Stillwater, Minn.

Kimberly A. Small accepted an inhouse counsel position with the Illinois Association of School Boards, Springfield, Ill.

Amy L. Schneider and Nancy (Ball) Schneider celebrated the birth of their son, Tanner David, on March 8, 2007.

Kristen M. Schroeder opened Schroeder Law Office, St. Paul, practicing in estate planning, probate, and elder law, with a special focus on the unique needs of non-traditional individuals and couples.

2002

Aimee D. Dayhoff and her husband, David, welcomed their second child, Tess Elaine, on April 6, 2007. She joins big brother Wyatt.

A day in the lives of a prosecutor and defender

J. Patrick Finn III was named principal at Fish & Richardson, Mpls.

“It’s incredibly rewarding. You can’t connect with every client, but when you do, it’s really amazing,” says Assistant Anoka County Public Defender Jennifer Pradt ’95 about her job in an Aug. 27 Minnesota Lawyer article.

The publication shadowed Pradt and Assistant Anoka County Attorney Nancy L. Norman ’90 (Sept. 3 article), providing day-in-the-life snapshots of a public defender and prosecutor’s workdays.

Anthony J. Moosbrugger joined Burville Law Office, Farmington, Minn., as an associate attorney, practicing in family law, civil litigation, and estate planning.

Pradt’s day involved a probation revocation hearing, felony theft, possession of methamphetamine, and at least four other court cases. Her day-to-day caseload is large, and she worries about finding adequate time for every client. “I am afraid of missing something about the person that makes them a real person, something more than just a defendant,” she said.

Norman, who has been a prosecutor since 1998, said that in her role, she tries to find solutions for both the public and defendant. “I know I’m kind of in a minority, but why not give [defendants] a chance to prove they aren’t complete failures?” she told the publication. The day Minnesota Lawyer shadowed her involved many cases with defendants who were mentally ill, chemically dependent, or poor. Norman said, “A lot of what we do is social work.”

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Ryan J. Hatton became a shareholder at Rinke Noonan Law Firm, St. Cloud, Minn. His practice is focused in the areas of construction law and litigation, land use/development litigation, and immigration.

Philip Forsang Ndikum published the book Focus on Emerging and Developing Economies.

Jeri L. (Zuzek) Parkin joined Messerli & Kramer’s, Mpls., real estate group, practicing in commercial real estate and business law.

Erin A. Shields and her husband, Greg, announced the birth of their son, Tyler Thomas, on March 26, 2007.

Tyler joins sister Ashlin (3) at their home in Houston. Erin recently joined Continental Airlines as a manager in the Global Real Estate group.

Mitchell on Law

Class Notes 2003

Nicole L. Anderson joined Berry Law Offices, Chisago City, Minn., as an associate, working in family and cohabitation law.

Mary E. Briedé was appointed assistant state attorney in the Office of the State Attorney for the 20th Judicial Circuit of Florida.

Jeanette “Jen” P. Cogelow joined Hellmuth & Johnson, Eden Prairie, Minn., practicing in construction law and litigation.

Gregory A. Bromen joined Halleland Lewis Nilan & Johnson, Mpls., as an associate in commercial litigation.

Stephen H. Norton is currently serving as an assistant city attorney in the civil litigation department of the Minneapolis City Attorney’s Office.

Additionally, Steve recently founded The Norton Group, a full-service residential and commercial real estate company.

Margaret E. Noubissie joined Bassford Remele, Mpls., as an associate, practicing in civil litigation, commercial litigation, corporate law, and immigration.

Kimberly L. (Duncan) Frank joined Molever Law Firm, Plymouth, Minn.

Dan J. Gilchrist was elected chair of the MSBA New Lawyer’s Section for 2007–2008.

Edward T. Matthews led the formation and execution of William Mitchell’s first Corporate Appellate Law Moot Court.

Michael J. Stepan joined Briggs and Morgan, Mpls.

2004

Lacee B. Anderson joined The Esquire Group, Mpls., as a search consultant.

Lori L. Bower works as a systems engineer in the legal technologies division of Kroll Ontrack, Eden Prairie, Minn. She writes that she plans to get married to “a wonderful law enforcement officer. He and I have good constitutional law discussions.”

Marc M. Schifalacqua was hired deputy district attorney of Clark County in Las Vegas.

Amy C. Taber joined the employment practice of Faegre & Benson, Mpls.

Brad D. Welp joined the collections group of Messerli & Kramer, Mpls.

2005

Chad E. Bayse joined the Navy Judge Advocate General’s Corps.

He began officer school on August 19 in Newport, R.I. Michael T. Berger joined Robins, Kaplan, Miller & Ciresi, Mpls., as an associate, focusing on intellectual property litigation.

Kimberly R. Lange ’06 and Karen A. Lundquist ’05 founded Lundquist & Lange, Mpls. The firm provides services in general business and corporate law to small and medium-sized companies in Minnesota, Italy, Turkey, and several South and Central American countries.

Daniel L. Lundquist joined Frundt and Johnson, Blue Earth, Minn.

M. Ryan Madison and his wife, Patricia, became the proud parents of Martin Joseph Madison on June 26, 2007.

Martin was named for his greatgrandfather, Judge Martin Joseph Mansur ’59.

Jennifer A. Nodes joined Eckberg, Lammers, Briggs, Wolff & Vierling, Stillwater, Minn., as an associate attorney.

Brent C. Snyder and Stephen J. Snyder opened a new law office, Snyder & Snyder, Mpls., on July 1, 2007. The firm focuses on civil litigation, employment law, and real estate.

Lewis J. Sundquist is corporate counsel for CarMax, a Fortune 500 company in Richmond, Va. Christine M. Weflen joined Halleland Lewis Nilan & Johnson, Mpls., as an associate in business and real estate law.

2006

Joseph L. Currier joined Briggs and Morgan, Mpls., as an associate in the business law section.

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) 290-6461, 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!

Winter 2008

Read the magazine online @ www.wmitchell.edu/alumni

33

Class Notes 2006 (continued)

Jeremy D. Ecker joined Hellmuth & Johnson, Eden Prairie, Minn., practicing in litigation and equine law.

1950

Judge Donald E. Shanahan (St. Paul College of Law), 83, Bemidji, Minn., died April 10. U.S. Naval veteran, 1944-46. Roseau County Attorney, 1971-73; district judge, 1972-89; and chief judge of the 9th Judicial District, 1987-88. Survived by children Mary Frances, Kathleen, and Dennis.

Patrick D. McGuiness founded One Call Property Care, Woodbury, Minn., which manages maintenance of residential properties.

Kerri J. Nelson joined Holstein Kremer, Mpls., as an associate attorney focusing on employment law defense and commercial litigation.

Ryan M. O’Leary joined Hellmuth & Johnson, Eden Prairie, Minn., practicing in community association law.

Noelle L. Schubert joined Arthur, Chapman, Kettering, Smetak & Pikala, Mpls., as an associate in the workers’ compensation practice group.

Robert L. Schug joined Nichols, Kaster & Anderson, Mpls., as an associate.

Timothy C. Selander joined Nichols, Kaster & Anderson, Mpls., as an associate.

2007

Maxwell J. Bremer joined Gray Plant Mooty, Mpls., as an associate in the area of business law transactions.

Tracy R. Podpeskar joined Trenti Law Firm, Virginia, Minn., practicing in family law and civil litigation.

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1953

William B. Danforth Professor of Law William B. Danforth, who was a professor at William Mitchell for 30 years, passed away on May 6, at the age of 97.

Danforth began teaching at William Mitchell in 1959, after 26 years as a successful Iowa attorney. He initially taught Introduction to Law, Legal Writing, and Civil Procedure.

In later years, he taught Civil Procedure and Conflict of Laws.

Danforth taught at William Mitchell until 1989. Professor Doug Heidenreich ’61, in his book With Satisfaction and Honor, writes, “Danforth is remembered by literally thousands of students for his penetrating voice (even students who never took one of his classes remember hearing his voice as they passed his closed classroom door); his notes that covered the blackboard from end to end; and his hypothetical examples.” He is survived by his son, Robert.

Clarance E. Hagglund (St. Paul College of Law), 80, Mpls., died March 5. Served in the U.S. Navy.

Longtime attorney. Survived by children Laura, Bret, and Kate.

1954

Robert C. Becker (Mpls.-Minn.

College of Law) Golden Valley, Minn., died July 5. Worked for Archer Daniels Midland and then for Honeywell as chief legal contract counsel for the Ordinance Division. Survived by wife, Marjorie; children Jack and Sue.

1957

Joseph L. Melzarek, 78, St. Paul, died May 10. Korean War U.S. Army veteran. Practiced law and served as arbitrator for many years. Survived by wife, Bonnie; children Christine, Missy, Mark, and Mary.

Capt. James Edwin Toms, 74, Mechanicsburg, Penn., died April 14.

Served as law specialist officer in the U.S. Navy for 24 years. Served as chief counsel at New Cumberland Army Depot. Survived by wife, Margaret; sons Cameron and Barton; stepdaughters Linda and Carolyn.

1960

Douglas W. Thomson, 77, Roseville, Minn., died May 3. Criminal defense attorney in some of the biggest trials in Minnesota in the last half of the 20th century. Survived by sons James, William, and Douglas.

Mitchell on Law

Obituaries

1961

Judge Kenneth J. Maas, 75, White Bear Lake, Minn., died May 15. In private practice for 20 years. Elected to a Washington County judgeship in 1980, serving until 2002 and then as a retired judge. Led the Minnesota Supreme Court Appellate Panel for many years. Survived by wife, Ellen; children Ellen, Ann, Lucy, Nancy, Kenneth, and Michael.

Rudolph P. Ebersberger, 73, Wisconsin Rapids, Wis., died Feb. 4. Tax attorney with International Multifoods. Operated private practice in Minneapolis from 1973 to 1998.

Survived by wife, Jane; children Eric ’87 and Camille.

James J. Galman, 67, White Bear Township, Minn., died Jan. 31. Partner and liability specialist with Jardine, Logan & O’Brien, St. Paul, for 32 years.

Survived by wife, Jody ’86; children Courtney, Caitlin, Jessica, Sally, and Kelly.

1967

Anthony “Tony” W. Karambelas, 68, Rolling Hills, Calif., died March 19. Had a 40-year career in intellectual property law and eventually established his own practice in Rolling Hills Estates. Survived by wife, Betty; children Bill, Lisa, John, Anthony, and Katlyn.

1969

James R. Korman, 64, Faribault, Minn., died March 8. In private practice and Rice County attorney for 37 years.

Survived by wife, Peggy; children Debbie ’98 and J.J.

1978

C. Stephen Rowley, 58, Courtland, Minn., died Jan. 16. Served as a tribal judge and grant writer for the Shoshone-Pauite and Washoe tribes.

Strove to correct social injustices and help the disadvantaged. Survived by children Seth, Kyrra, Simone, Soren, Devyn, and Caitlin.

1979

Robert A. Webster, 56, St. Paul, died May 31. Editor at Thomson West for 26 years. Longtime community theatre veteran. Survived by life partner, Michael Justin.

1983

Terrence E. Bishop, 52, Victoria, Minn., died July 17. Attorney and shareholder at Larkin Hoffman Daly & Lindgren, Mpls. Victoria city council member, 2003-06. Survived by wife, Lisa; son, Michael Sean.

Robert L. Price II, 52, Mpls., died Feb. 16. Survived by wife, Mary Rita; sons, Jacob and Aaron.

1991

James P. Moran, 44, Maple Grove, Minn., died Aug. 17. Avid golfer and dedicated attorney.

Judge Donald P. Lay, Distinguished Professor of Law Judge Donald P. Lay, a former distinguished professor of law at William Mitchell and a longtime supporter of the college, died April 29, at the age of 80. Judge Lay served William Mitchell as an adjunct professor from 1982 to 1992, a visiting professor from 1995 to 1996, and a distinguished professor of law from 1996 to 2000. Known as a champion of individual civil rights, Judge Lay received numerous honors and awards, including an honorary doctor of laws degree from William Mitchell. He served on the U.S. Eighth Circuit Court of Appeals for 26 years, 12 of those as chief judge. In appreciation of Judge Lay’s leadership in the legal community, the Judge Donald P. Lay Minority Honor Scholarship was established in 2001 at William Mitchell with the generous support of Judge Lay’s former law clerks. He is survived by wife, Miriam; children Catherine, Cindy, Betsy, Debbie, and Susan.

Winter 2008

Read the magazine online @ www.wmitchell.edu/alumni

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Making Legal Education Accessible In the 1970s and earlier, a student could graduate debt-free from William Mitchell College of Law… without a scholarship or financial aid. The cost of tuition and books could typically be covered by working part time or full time. Little to no debt meant that a student could take the risk of starting a solo practice or take lower-paying legal work in the public sector.

Today, this is no longer possible. The high cost of everything from tuition to books to rent is threatening access for students who have the ability

to succeed in the legal profession. Most Mitchell students today work to finance their education and most also have to borrow money. The average debt on graduation? Nearly $80,000 (which is less than the national average for law school debt).

For this reason, Mitchell has made scholarships a top fundraising priority. The goal is to significantly increase the number of students receiving privately funded scholarships (60 in 2007—2008) and to boost the average award provided by philanthropic dollars (about $2,300).

“I read whenever I can. I never miss class. I try to limit my late nights at school to two nights per week, and the rest of the time I try to be home at least by bath time for my son. Without the scholarship, the loans would not cover the tuition. It also gives added incentive for me to carry through during the harder times.”

– Gregory Bittle, part-time Mitchell student, full-time father, and recipient of the Peter Popovich Scholarship

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Mitchell on Law

“The rising cost of a law school

New Match Program For those interested in setting up a named scholarship endowment (minimum $25,000, payable for up to 5 years), a special matching gift program has been created that will double the impact of your gift. The gifts are invested and 5% of the total value of the endowment is paid out every year in perpetuity to fund the scholarship. For those interested in making an annual gift to scholarships, this can be designated through your gift to the annual fund every year. In addition, you can designate a bequest or other future gift for scholarships.

To talk with someone about making a scholarship gift, please contact: Lisa Barton ’97, director of development, at (651) 290-6357, lisa.barton@wmitchell.edu.

education is a local as well as a national problem. This raises heightened concerns at Mitchell, a college with a tradition and commitment to ensuring access — from the part time working student to the gifted student who cannot afford law school tuition. We are committed to ensuring access to those students who can succeed in the law. That’s why I have made scholarships a top fund raising priority for William Mitchell College of Law. Scholarships will not only help Mitchell’s competitive rankings but, importantly, they change students’ lives.”

Eric S. Janus president and dean

Average Scholarship Awards Mitchell vs. Other Regional Law Schools School

Average Scholarship Awards

University of Iowa

$27,571

University of Wisconsin

$24,203

Northwestern University

$22,263

Drake University

$19,226

University of Minnesota

$16,665

Hamline University

$15,799

University of St. Thomas

$13,560

William Mitchell College of Law

$9,661

Source: American Bar Association, 2005-2006 academic year

Winter 2008

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Mark Your Calendar Scholarship Luncheon March 14, 2008

Women in Law Annual Spring Tea April 17, 2008

For information on these events and more, go to www.wmitchell.edu

875 Summit Avenue St. Paul, MN 55105-3076

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