A MESSAGE from the DEAN Socratic method… online? The concept of providing legal instruction to students not physically present at 800 N. Harvey – a relatively futuristic idea on March 10th – quickly became our reality on March 23rd. Not just for OCU School of Law, but for every law school around the country. Online legal education became the standard and did so virtually overnight. On March 11th, when Utah Jazz center Ruby Gobert tested positive for the novel coronavirus and the NBA canceled the Oklahoma City Thunder’s game with the Jazz just before tip-off, the COVID-19 pandemic, which had been an international news story and a then-coastal problem in Seattle and New York, suddenly became very close, very real and very personal, thanks to events that happened a few blocks away from the law school. As you might imagine, the University and our law school administration had been preparing for weeks for COVID-19 when suddenly we were forced to act to keep our students and our community safe. Words cannot begin to express my gratitude for all the hard work from our faculty and staff in allowing us to fully transition from in-person to online education in the span of 10 days, much of which was Spring Break.
Illustration by Ivana Besevic
While Associate Deans Jennifer Prilliman and Paula Dalley led the effort, everyone played a role, including Facilities Manager Don New and Academic Coordinator Kelly Monroe, who remained onsite to provide access to
students who needed to collect items. Faculty Support staffers Vickey Cannady and Toni Bourlon participated in Zoom tests to ensure that we were ready to provide instruction on the morning of March 23rd, and the entire Student Services team, led by Assistant Dean Alana House, provided constant contact to students to answer any questions and address any challenges students faced. One by one, our staff and faculty answered the call and worked as a team. It was because of this collective effort that we were able to provide online, effective legal education while keeping our students safe. WiFi, meet Socrates. The In Brief magazine serves to showcase the highlights of the previous school year, and there were many highlights prior to our transition to online education. Through the generosity of the E.L. and Thelma Gaylord Foundation, we established our Center for Criminal Justice and Bail and Bond Reform Clinic, which was developed in partnership with the Oklahoma County Public Defender’s Office, led by Chief Public Defender Bob Ravitz ’76. We also brought together elected officials, members of law enforcement, prosecutors, defense attorneys, and advocates for the Oklahoma Forward event, our inaugural conference to address the need for criminal justice reform in Oklahoma and Oklahoma County. Fall 2019 saw the launch of our Student Success Initiative, which is being led by Dean House and Christopher Sokol, creating a new strategy that ensures every single student has access to the resources they need to succeed in law school, on the bar exam, and in practice. We began a new Animal Law Program with the generous support of the Kirkpatrick Foundation, and through the leadership of our outstanding Alumni Association Board, we launched a Mentoring Program this spring with plans to expand the program to all interested second- and third-year students in fall 2020. With the University’s support, we developed our first new degree offering in over a decade, a Master of Legal Studies, which will be fully online and benefit those who need an understanding of foundational legal principles to advance their careers but do not have the interest or ability to commit three years to a juris doctor program. These new MLS Degrees will focus on fundamental legal, regulatory and business issues with emphases in Banking, Finance, Aerospace and Aviation. We’re excited about the opportunity to help advance many careers in the years to come. As I write this letter for In Brief, we are still in the midst of the pandemic. There is still an incredible amount of uncertainty, which can be overwhelming at times. We are a community at OCU, and we think and care for each of you, each day. Notwithstanding the uncertainty and the challenges that lie ahead, I am confident in our ability to overcome. My confidence is a reflection of our students. My confidence is due to our faculty and staff. And my confidence comes from our alumni, who are modeling servant leadership in Oklahoma City and beyond. Please stay safe and please stay connected.
Dean Jim Roth ’94
DEAN
Jim Roth ’94 EDITOR-IN-CHIEF
Lauren Stradinger Director of Marketing & Communications
EDITORIAL STAFF
Stephen G. Butler Assistant Dean for Advancement & External Relations
Angela Startz Assistant Director of Strategic Outreach & Law Alumni Engagement
Madelynn Buckman Special Events Coordinator
Judy Reyes-Henderson Assistant Vice President for Development
Madison Thomas Director of Annual Giving & Stewardship
Beth Wellman Administrative Assistant
Real World Collaboration to Improve the Quality of Justice
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CONTRIBUTORS
Marc Blitz Stephen G. Butler Victoria Carrasco ’20 Valerie Couch Christine Eddington Andrew Faught Ben Frizzell ’20 Joshua Hillard ’21 Abigael Hood ’20 Alana House Mike Hunter
Laurie Jones Thomas M. Jones ’76 Daniel Morgan Lee F. Peoples Nicole Snapp-Holloway ’15 Angela Startz Lauren Stradinger Terri A. Sutton Travis Weedn ’14 Mary Westman ’15 Monica Ybarra ’14
CREATIVE DIRECTION & GRAPHIC DESIGN
Amy Fuller Flint Inc
Covid-19: The Impact of a Pandemic on the Legal Landscape
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PHOTOGRAPHY
Josh Robinson PORTRAIT ILLUSTRATIONS
François Nielly Ivana Besevic Liam Proniewicz WFlemming Illustration CONTACT INFORMATION
Admissions 405.208.5354, lawquestions@okcu.edu Advancement 405.208.7100, lawadvancement@okcu.edu Law Student Services 405.208.5332, hireoculaw@okcu.edu 800 N. Harvey Avenue, Oklahoma City, OK 73102 • 405.208.5337, law.okcu.edu All editorial contributions and submissions are welcome and are subject to editing and are used at the Editor-in-Chief ’s discretion. In Brief Magazine is a copyrighted publication of Oklahoma City University School of Law.
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Connect, follow and have a conversation with us. Learn about the latest OCU Law news and events. Cover artwork by François Nielly.
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LEGAL BRIEFS
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LEGAL ACTION
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Center for Criminal Justice
CRIMINAL JUSTICE
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LEGAL TRENDS
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ALUMNI NEWS
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WHY I GIVE
Combating Opioid Overdose
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Animal Law
Hiding the Truth Means Injustice for All
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Deepfakes: Watchmen for Truth
Joshua Hillard: Diamonds & Trials
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REMEMBERING ... AND RECOMMITTING TO THE OKLAHOMA STANDARD On April 19, 2020, Oklahomans remembered a day 25 years ago when something good rose out of the fire and smoke of unspeakable evil. The Oklahoma Standard rose up: Honor. Kindness. Service.
BY VA L ERIE COUCH D E AN EM ERIT U S & PROF ESSO R of LAW B OAR D M EM B ER for the OK LAH OMA CITY N ATIO N AL ME MORIAL and M US E UM
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OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
IN BRIEF
This year, the Memorial community chose “Looking Back, Thinking Forward” as the theme for the 25th anniversary of the Oklahoma City bombing. Through this thematic lens, we can all appreciate the power of The Oklahoma Standard in times of loss and trouble. As a law school community, one block from the Oklahoma City National Memorial and Museum, we have been the beneficiaries of the lessons created there — created by the many people who responded without fear for their own lives, went to work on rescue and recovery, and fought hard to achieve justice. These same lessons have been sustained by the people who survived, who helped each other, and who together created — out of devastation — a sense of agency that propelled our community to improve and grow. We are the beneficiaries of the love and strength of those who chose year after year to do the hard work of remembering what happened and why, honoring the memories of those who died, and serving others with hearts of kindness. Enduring stories and their lessons are embedded in our symbolic Memorial. This year, I compiled my own list of these lessons from a personal view. Since I practically live and work in the shade of the survivor tree, its many shades of green and deepening roots have sheltered and comforted me through the years.
Here is some of what I think we can learn sitting in the shade of that tree: • Daily choices to honor goodness, be kind and serve others are the most powerful weapons against evil. • We can learn to recognize ruthlessness in all its cunning forms, and we must seek to understand its origins. • We must be aware of hatred. It exists around us and even in us, and we must learn to sit face to face with it and treat it with both compassion and justice. • We must be aware of beauty every day. The survivor tree after the blast is indeed a beauty then and now. It reveals its capacity for survival and growth through all seasons. • We know very well about bullies and opportunists, and we can go toward them without fear. They will not prevail in the end.
• Being good is not simple. It’s complicated. Sometimes it entails being ferocious. • It’s dangerous to deny facts. But we also know that a story can be told in different ways. • It’s OK and even smart to be optimistic. History is on the side of progress. • Despite all odds, we can live and co-exist with the profound mystery of evil. We know there will always be the mystery and hurt of what happened at this place. • It’s good to constantly recalibrate what to do for others, how best to remember them, how best to honor them, how best to be kind. This understanding is not static but instead constantly evolving. • Service to others, as we have seen in the magnificent work of the founders and sustainers of the Memorial and Museum, is a catalyst for healing.
This year, I am grateful for Kari Watkins and the creative, loving team of people who have given such great meaning to The Oklahoma Standard. And that brings me to the last point on my list as I “look back and think forward”: I am thankful.
IN BRIEF
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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LEGAL BRIEFS
LEGAL BRIEFS NEWS IN & AROUND OCU LAW A Discussion of DACA and the Public Charge
is invalid, what would this mean for DACA recipients? All of the panelists agreed that even if the Supreme Court found DACA to be invalid, DACA individuals should remain protected from immediate deportation.
Victoria Carrasco ’20
On February 13, 2020, the Hispanic Law Student Association, The Federalist Society, the Immigration Legal Society and OCU Law hosted a panel titled, “A Discussion of DACA & the Public Charge: An Update in Immigration Law.” This panel on salient topics in immigration law served as the school’s first Capital City Connect event of the semester. Hosted in McLaughlin Hall, attorneys Josh Hammer, Tina Malek, and the law school’s Professor Amir Farzaneh discussed the following topics: the 2019 Public Charge Rule; “Remain in Mexico” federal policy; Deferred Action for Childhood Arrivals (DACA); immigration misconceptions; and immigration reform. The purpose of the event was to provide a dialogue about the current impasse in immigration law and policy, promote greater knowledge and appreciation for the diversity of opinions in immigration law issues, and discuss potential solutions. The discussion was thoughtful and substantive. Dean Jim Roth moderated the panel and set the tone for the evening by promoting a reasoned and informed discourse and provided excellent background context to immigration law. Following his briefing, he posed challenging questions to the panelists to explore their opinions on immigration law under the Trump administration and the Department of Human Services’ scope of authority. He ended the discussion by posing a rather difficult question to the panelists — how should the U.S. Supreme Court rule regarding DACA, and if they rule it
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IN BRIEF
Ms. Malek spoke of the struggles and realities at the border and in the California courtrooms where she serves as an advocate for her immigration clients. Mr. Hammer shared his extensive knowledge of universal injunctions gained while he clerked for Judge James C. Ho in the United States Court of Appeals for the Fifth Circuit. He urged that the routine issuance of these injunctions, which were used as tools to stop the Public Charge Rule and DACA cases from moving forward, is patently unworkable. Professor Farzaneh passionately shared how some of the recent immigration policy decisions have sparked increased struggles and demands on immigrant families. Throughout the event, the panelists agreed on multiple issues and solutions. They agreed that the current situation is unworkable and that DACA is a successful method of prioritizing removals, but the real challenge is in crafting a system of prioritization in a manner that is not illegal and avoids exacerbating the issues. One of the most challenging questions was asked during the question-and-answer period when a student, pushing the panelists to provide candid opinions, asked, “Given the humanitarian crisis and need for solutions, do you think that Congress will act soon on these issues?” The panelists agreed that they did not expect Congress to act quickly on these issues but remained hopeful that the U.S. Supreme Court would soon issue further guidance in this arena. Top: Dean Roth, Josh Hammer (TX attorney), Tina Malek (CA attorney) & Amir Farzaneh (OK attorney & OCU Professor). Underneath: Post-event group picture of HLSA, Federalist Society & Immigration Legal Society officers and members.
OCU Law Mentoring Program Launches
SBA Volleyball Tournament
Travis Neil Weedn ’14, Deputy General Counsel, Oklahoma Corporation Commission
This academic year, the Student Bar Association elected to host the first Student Bar Association Sand Volleyball Tournament on October 5, 2019. This event replaced the Powderpuff Flag Football game played in previous years between the 3L and 2L class women. The volleyball tournament gathered together interested OCU Law students who participated in teams along with OCU Law alumni, staff and faculty teams.
Over the past year, I’ve had the pleasure of chairing the Mentorship Committee of the Alumni Association Board of Directors. On January 16th, the Mentorship Committee launched the OCU Law Mentoring Program with an exciting opening event in McLaughlin Hall where mentees met their mentors for the first time. The vision for this program began with the Alumni Association Board. The Board members all recalled experiences where mentorship was critical to success in our careers. We felt a structured mentorship program was an area where we could improve the student experience by connecting students with the outstanding attorneys in our community. During the mentorship program, mentees met with their mentors and focused on building relationships and gaining invaluable knowledge from them.
Abigael Hood ’20, Student Bar Association President
This fun event was inclusive of all students and gave everyone a sense of community, including the new 1L class. Pizza, drinks, sand volleyball, and dogs are always a great mix! Dean Jim Roth attended the event and helped bring the OCU Law alumni, staff and faculty team to the next round. The event culminated with the Hispanic Law Student Association winning the tournament. Students loved the event and felt it was a great way to bring everyone together, and SBA hopes to make it even better next year.
The current 2019 – 2020 program was scheduled to run through April 9, 2020, but our plans to hold a closing event at the law school were changed in light of the COVID-19 pandemic. An important thank you goes out to the members of the OCU Law staff for their hard work helping the Committee establish this program! Any attorneys interested in becoming a mentor are encouraged to email lawalumni@okcu.edu. Photos taken during the 2020 Mentoring Program opening event
OCU Law’s American Bar Association volleyball team
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The SBA volleyball tournament was a huge success this year! Not only was it a great experience, but it was a chance for us to bond and make friends in different classes. The ABA was proud to have a team. I hope this started a new tradition at OCU Law! S H E L BY STA N S B E R RY ’ 2 0
IN BRIEF
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OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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Alumni Awards Leaders. Advocates. Trailblazers. For more than a century, OCU Law alumni have been recognized for their servant leader roles. Each year, the law school recognizes individuals who have gone above and beyond in their service to society with the Oklahoma City University School of Law Alumni Awards. The Alumni Recipients for 2020 are as follows: Community and Public Service Award Tamya Cox-Touré ’06 Tamya Cox-Touré graduated from Oklahoma State University with a B.A. in Journalism and minor in French, then completed her J.D. at OCU School of Law. Cox-Touré initially worked for the American Civil Liberties Union of Oklahoma as its first legislative counsel. She is currently the Regional Director of Public Policy and Organizing for Planned Parenthood Great Plains, overseeing the Public Affairs departments in Oklahoma and Arkansas. Tamya Cox-Touré ’06
Garvin Issacs ’74
Committed to civil rights and civil liberties, Cox-Touré continues to live by her favorite Alice Walker quote, “Activism is my rent to live on this planet.” Distinguished Law Alumnus Award Garvin Issacs ’74 Garvin Isaacs grew up in southwest Oklahoma, where he graduated from Apache High School. While there, he was recruited to play basketball for Texas Christian University with a full scholarship. He graduated with his B.A. in Government in 1967, then played minor league professional basketball for the Bridgeport Savoys while obtaining his M.A. in Literature. Following his cut from the Dallas ABA team, he returned to Oklahoma where he attended OCU Law.
Elizabeth Isaac ’13
Danné L. Johnson
After graduation, he joined the Oklahoma County District Attorney’s Office as an assistant district attorney for a year. He then became a public defender before going into private practice to defend such highprofile cases as Donna Bechtel and Gene Leroy Hart, who was accused of the Girl Scout Murders in the late 1970s. Isaacs is a founding member of the Trial Lawyer College and has been an instructor at the Western Trial Advocacy Institute at the University of Wyoming School of Law. Outstanding Young Alumna Elizabeth Isaac ’13 Elizabeth Isaac is a Registered Patent Attorney and practices intellectual property law at Dunlap Codding where she leads the firm’s Design Law Group. She helps innovators, entrepreneurs, artists and businesses protect their inventions, brands, designs, music, film and other creative works to leverage their intellectual property portfolios and enhance their business options.
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She serves on the board of directors for the OBA Intellectual Property Section; OBA Young Lawyers Division; and deadCenter Film Festival. Additionally, Isaac is a member of the American Intellectual Property Association Industrial Design Committee. She is also the founder of IgniteOKC; a member of LOYAL Class XII; and current Chapter 29 Rotarian of Oklahoma City. Isaac is married to Sunil Isaac, an OCU Law alumnus. Sunil and Elizabeth are parents to their toddler son, Joe, and pitbull, Juni. Marian P. Opala Award for Lifetime Achievement in Law
Danné L. Johnson Danné L. Johnson is the Constance Baker Motley Professor of Law at the OCU School of Law. Her area of research includes implicit bias, and she has published articles on a variety of topics including securities regulation, nonprofit organization, race, class and gender influences, for which she is a sought-after speaker. Prior to joining the faculty of OCU Law, Johnson practiced law with MetLife from 2000 to 2003 where she worked to register and develop mutual funds and variable annuity policies. From 1994 to 2000, Johnson worked for the U.S. Securities and Exchange Commission in the Division of Enforcement in New York City, serving as a staff attorney, senior counsel and finally, as a branch chief, where she trained, supervised and guided attorneys who were investigating violations of federal securities laws. Johnson earned her J.D. from the National Law Center at George Washington University and her B.A. in Afro American Studies from the University of Pennsylvania and is licensed to practice in New York. She and her husband Reginald are the proud parents of two wonderful children, Layla, 17, and Ahmad, 13. Law Firm of Distinction
DeWitt Paruolo & Meek DeWitt Paruolo & Meek was founded by OCU alumni Derrick DeWitt ’98, and Justin Meek ’06, along with Thomas Paruolo. Nine of the 16 attorneys employed by DeWitt Paruolo & Meek are proud OCU Law alumni. The firm represents plaintiffs and defendants in issues relating to insurance law, personal injury and contracts. In late 2018, the firm represented a retired Oklahoma City firefighter in his claim against a health insurer for wrongful denial of coverage for his wife’s cancer treatment and obtained one of the largest insurance bad faith jury verdicts in state history. The firm has been listed in Best’s Directory of Insurance Professionals, and many members have been named Super Lawyers and Rising Stars by Super Lawyer Magazine. In 2019, the firm, inspired by the efforts of Dean Jim Roth and his staff, sponsored the OCU Law Alumni Association dues for every graduate of the 2019 class.
A Visit from the Chief Ben Frizzell ’20
On October 2, 2019, OCU Law and its Federalist Society Student Chapter were honored to host Chief Judge Timothy Tymkovich of the Tenth Circuit Court of Appeals. Judge Tymkovich titled his address “The Roberts Court and the Law of Democracy,” focusing on current election law issues, both domestic and abroad. Judge Tymkovich’s visit to the law school came at a great time. As the national discourse continued on the Trump Administration’s communications with the new Ukrainian leadership, Judge Tymkovich was able to highlight a unique perspective of the issue by way of his knowledge and experience. Nominated by President George W. Bush and appointed to the Tenth Circuit in April 2003, Judge Tymkovich has split his duties on the bench with teaching election law at the University of Colorado School of Law since 2008, hosting judicial delegations from Russia, Kazakhstan, and Afghanistan, and representing the United States in programs at Kiev and Yalta in Ukraine. The judge’s address to students, faculty, and guests highlighted how the Roberts Court has handled constitutional challenges to laws regulating the democratic process, including Citizens United (2010), which recognized the right of corporations to spend money to express support for political candidates, and the Court’s recent decision in Rucho v. Common Cause, where a five-vote majority concluded federal courts lacked the power to strike down electoral district maps on the basis of partisan gerrymandering. Judge Tymkovich’s speech highlighted the ever-growing divisions between the Justices regarding judges’ roles in overseeing democracy. The OCU Chapter of the Federalist Society, by nature of its location, has access to some of the best and brightest in law and policy. Besides hosting Judge Tymkovich in October, the Federalist Society’s catalog of events included visits from Hillsdale College’s Dr. David Azerrad, Professor Jonathan Adler, and a debate in January on the meaning of “high crimes and misdemeanors” featuring former Oklahoma Attorney General Drew Edmondson and Andy Lester, who discussed the salient issue with Professor Andrew Spiropoulos moderating. Through these events, OCU’s Federalist Society Chapter remains committed to fostering balanced and open debate about the principles of freedom, federalism, separation of powers, and judicial restraint. It is an honor for OCU Law to host numerous federal and state judges along with state and local officials, and we are grateful for their continued partnership in helping provide great events. Dr. Sloan (right) discusses counterterrorism at the 2019 seminar with Michael J. Boettcher (left). IN BRIEF
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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Vice President for Diversity and Inclusion Dr. Talia Carroll was named the Vice President for Diversity and Inclusion at Oklahoma City University and started at the University on June 1, 2020. With over a decade of experience across numerous functional areas, Dr. Carroll has dedicated much of her career to improving the academic and social support offered to historically marginalized and underserved populations, with special attention devoted to enhancing campus climates and experiences for all students, faculty and staff. At OCU, Carroll has been asked to guide, develop, enhance and implement diversity and inclusion programming, training and other initiatives. She is also identifying and building new community engagement opportunities.
Dr. Talia Carroll
Dr. Carroll most recently served as the director of the Marcus Garvey Cultural Center and as an adjunct faculty member in the Higher Education and Student Affairs Leadership program at the University of Northern Colorado.
Her scholarship, research interests and practice reflect her deep commitment to diversity, equity, inclusion and leadership. She is a member of Student Affairs Administrators in Higher Education – NASPA and the Association for the Study of Higher Education. She earned a B.A. in English and a M.Ed. in adult and higher education from the University of Oklahoma and a Ph.D. in higher education from Pennsylvania State University. Dr. Carroll shared, “After being on campus, it became clear to me that there is a true commitment to diversity and inclusion at OCU, and I am eager to work with faculty, staff, students, alumni and community partners to strategically situate OCU as one of the leaders of diversity and inclusion efforts across higher education institutions in the state of Oklahoma. To return home to engage in this important work excites me.” Martha Burger, OCU President, said of Dr. Carroll: "I look forward to her work with our students, faculty, staff and community as we actively expand our diversity and inclusion initiatives. Dr. Carroll’s extensive experience and example of servant leadership will add to OCU’s strengths."
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OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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Back to School Bash For the second year in a row, OCU Law welcomed in the new school year with a Back to School Bash. All OCU Law students, their families and current members of the Law Alumni Association were invited to join. The fall 2019 Bash presented a carnival theme including food, music, bounce houses and slides, axe throwing, and more. The event took place on August 23, 2019, and was generously sponsored by Phillips Murrah Law Firm. This event is now OCU Law’s newest annual tradition and a great opportunity to welcome all OCU Law students. “Back to School Bash was such a fun event, and what I appreciated most was having the opportunity to share the law school with my two young boys. Since I work full-time and attend school at night, they are sacrificing the most without me around as much. Taking them to the bash allowed me to show them where their mommy has been all week and have a blast in that setting. As a non-traditional student, it means the world to me to know that my school cares not only about me and my success, but my family and allowing them to share in the experience.”-Mary Deter ’23
New Police Chief
Dancy Lecture Series
Major Dexter Nelson assumed the role of chief of police at Oklahoma City University on March 1, 2020, following the university’s national search for the position. Police Director Bill Citty, former Oklahoma City chief of police who led OCU’s police force during the search process, continued to consult with the Oklahoma City University Police Department, ensuring a smooth transition for the department.
The Dancy Energy Lecture Series was established in 2019 through the generosity of OCU Law alumni Joe (’83) and Vickey Dancy (’83) to provide students with the opportunity to learn from some of the best minds in the industry – both in renewable energy and non-renewable energy. The inaugural speaker for the lecture series was Robert Kelly (’89), Senior Vice President and General Counsel for Ascent Resources. The Dancys provided a special surprise for students when they offered a $1,000 scholarship at the fall event.
Nelson has served in law enforcement for 33 years, joining the Oklahoma City Police Department in 1987. He worked in numerous disciplines of law enforcement including patrol operations, homicide, internal affairs, media relations, gang enforcement, narcotics investigations, Will Rogers World Airport security, and the hostage/crisis negotiations unit. He has supervised and commanded many specialized units consisting of special events, air support, and the bomb squad and tactical unit.
The spring lecture was affected by the COVID-19 pandemic, but to accommodate students’ thirst to learn more about the energy sector, Joe conducted a Zoom lecture on April 9, 2020, addressing the basics of solar and wind generation and game-changing technological innovations around storing renewable power.
Nelson holds a bachelor’s degree in psychology/Christian ethics and is a graduate of the 246th FBI National Academy. “Chief Nelson’s extensive experience in law enforcement and community relations will serve him well as he leads our department forward,” President Burger said. Director Citty observed, “Dexter Nelson has demonstrated an openness and willingness to engage the people he serves while providing strong leadership through collaboration with police officers and stakeholders.” Nelson said he looks forward to building the OCU Police Department’s role and mission of service to students, faculty, staff, and university constituents. “I will accomplish this by means of collaborative problem-solving, transparency and accountability,” he said. “Campus police officers serve in a manner different than that of a traditional police agency – they should embody the concepts of community policing, cultural diversity and fairness. My job is to ensure this and to make sure everyone is treated with respect.”
Robert Kelly ’89 presenting at the Dancy Energy Lecture
Major Dexter Nelson at his swearing-in ceremony IN BRIEF
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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LEGAL BRIEFS
About OCU Law
Brennan Lecture “The Forging of the Universal Injunction: State Laws and Article III Courts” October 10, 2019 Sharmila Sohoni, Professor of Law, University of San Diego School of Law Professor Sohoni discussed how, in many recent cases, federal district courts have issued injunctions that restrain the federal executive branch from enforcing federal laws and regulations, not just against the plaintiffs, but against non-parties as well. She examined if these injunctions comport with Article III. To answer that question, Professor Sohoni considered not only the history of injunctions against federal law, but also a set of cases dating back well over a century in which the federal courts issued universal injunctions against state laws. What was sauce for the (state) goose has today become sauce for the (federal) gander. According to Sohoni, stripping Article III courts of the power to issue relief to non-plaintiffs would deprive them of an equitable remedy that has played a critical role in mediating the contours of our federalism.
The city is your classroom. Our school is in a class of its own. Nestled in the bustling heart of downtown, OCU Law is surrounded by courthouses, law firms, government agencies, businesses, non-profits, and all the amenities Oklahoma City has to offer.
Oklahoma City University School of Law offers: • A rigorous academic experience • A diversity of viewpoints, course options, and colleagues • A faculty and staff who will respect, support, and know you • A real-world, practical skills approach to law • A focus on professional and ethical behavior • A community that fosters justice and public service
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The Brennan Lecture in State Constitutional Law is named in honor of the late Justice William J. Brennan, Jr., and has brought several of the most prominent and thoughtful scholars in the nation to OCU School of Law and the Oklahoma City community.
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We have a rich past, dynamic present, and promising future. Our faculty is engaged and talented. The student body is vibrant and excited. We have a strong reputation for service, and a broad and committed alumni network. Each element is important alone, but together, we are exceeding expectations and breaking new ground. DANNÉ L. JOHNSON CONSTANCE BAKER MOTLEY P R O F E S S O R of L A W
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Programs designed to interact with the local and state bar Oklahoma City University School of Law provides opportunities for students to interact with members of the local and state bars. The programs include student membership in three local Inns of Court, clinic and externship courses, pro bono opportunities, and CLE events bringing students and practitioners together. Practitioners are also frequently invited to participate as guest lecturers in courses. The law school offers students the opportunity to participate in five legal clinics and approximately 100 externship placement sites. Norick Municipal Law Research Clinic
Oklahoma Innocence Project & Innocence Clinic
American Indian Wills Clinic
Bail and Bond Clinic
Housing and Eviction Assistance Program
Students are paired with an attorney from the Oklahoma City Municipal Counselor’s office to research an issue of relevance to the city.
Students work with Oklahoma Innocence Project’s Legal Director, Andrea Miller, and Executive Director Emeritus, Vicki Behenna, to identify and rectify wrongful convictions by conducting investigations and making recommendations regarding litigation.
Under the supervision of the University’s General Counsel, Casey Ross, students in the Wills Clinic provide wills and estate planning services to American Indians owning trust or restricted property in Oklahoma.
Under the supervision of Legal Director, Loretta Radford, students work with the Oklahoma County Public Defender’s office to represent clients in bail and bond hearings.
Students, volunteers, and interns work with attorney Richard Klinge to represent tenants in eviction proceedings.
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Oklahoma City University School of Law is on the cutting edge of legal education because they push practical experience. Having the focus on clinics and externships, actually doing practical work while you’re in law school, helps students hit the ground running right out of law school.
Professionally, my degree from Oklahoma City University School of Law has opened the door for me to practice with some of the largest and most sophisticated clients and law firms in the world. I have represented Fortune 500 companies, middle-market companies, individuals, families, children, governments, cities, universities, and Indian tribes and had a case that made it all the way to the United States Supreme Court.
LAW McMEANS '15
P A R T N E R at M C A F E E & T A F T , O K L A H O M A C I T Y
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BRANDON LONG '04
LEGAL ACTION
LEGAL ACTION P U B L I C AT I O N S
Artificial Minds in First Amendment Borderlands, The Law of Algorithms (Woodrow Barfield, ed., Cambridge University Press forthcoming 2020)
The Future of Freedom of Thought: Neuroscience and Liberty
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(Palgrave MacMillan forthcoming 2021). Co-editor, with Jan Christoph Bublitz OT H E R
Attended the 2019 International Neuroethics Society Annual Meeting
Presented at the Exchange Drone Workshop at The State Oil and Gas Regulatory Exchange
Presented at the 2020 Privacy Law Scholars Conference
Marc Blitz Professor of Law B.A., Harvard University Ph.D., University of Chicago J.D., University of Chicago
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Greg Eddington Legal Research and Writing Professor B.B.A., University of Oklahoma J.D., University of Oklahoma LL.M., New York University
P U B L I C AT I O N S
The Oklahoma Constitution's Single-Subject Rule: The Oklahoma Supreme Court’s Application to Acts of the Legislature (forthcoming OKLA. CITY. L. REV. 2020)
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Steven Foster Instructor of Law
B.A., University of Oklahoma J.D., Oklahoma City University School of Law OT H E R
Selected for the CALI Academic Support Fellowship and authored 5 online CALI Lessons
Participated in online panel presentation titled “Delivering Academic Support Online: Challenges and Solutions� for ASP faculty
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Portrait Illustrations by Liam Proniewicz
Developed and taught an online legal research class (Advanced Legal Research: Foreign, Comparative, and International Law) in the summer of 2019
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Developed and taught an additional online legal research class (Advanced Legal Research: U.S. Law), before law schools made the switch to online education in light of COVID-19 Held a faculty colloquium event on online learning in October
Timothy Gatton Law Library Professor B.A., Cornell College J.D., Oklahoma City University School of Law M.L.I.S., University of Pittsburgh School of Information Sciences Publications
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OT H E R
Received the Center for Excellence in Teaching and Learning Award for Distinguished Service Retiring after 36 years as an OCU Law professor
Michael Gibson Professor of Law B.A., University of Nebraska-Lincoln J.D., Yale University
OT H E R
Invited to be the Law Day Speaker for Comanche County. 2020 Theme was “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.”
Dj
Honored by Delta Sigma Theta Sorority, Inc. Oklahoma City Alumnae Chapter at Breakfast for MiLady; recognized as a community change agent
Danné L. Johnson Constance Baker Motley Professor of Law B.A., University of Pennsylvania J.D., George Washington University
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Recognized as the 2020 Marian P. Opala Lifetime Achievement Awardee for OCU School of Law
OT H E R
Ed Lyons Professor of Law
El
Of Peacocks, Tulips, and Shotguns: Intentions and Side Effects in John Finnis’ Natural Law Theory (Forthcoming Vol. 5 U. BOLOGNA L. REV. issue 1) (2020)
B.A., University of San Francisco M.A., University of St. Thomas J.D., Notre Dame P.h.D., University of St. Thomas
P U B L I C AT I O N S
Negligence: Purpose, Elements & Evidence: The Role of Foreseeability in the Law of Each State (5,000 copies distributed to state and federal judges) (2018); Associate Editor and Author of seven chapters
Lp
Portrait Illustrations by Liam Proniewicz
Oklahoma City University School of Law – Come to Learn. Learn to Lead, co-authored with Bob Burke (Forthcoming 2020) Citing Sisters: A Study of the Oklahoma Appellate Courts, 74 OKLA. L. REV. (Forthcoming Spring 2020)
Lee Peoples Associate Dean of Library and Technology Frederick Charles Hicks Professor of Law B.A., University of Oklahoma J.D., University of Oklahoma M.L.L.S., University of Oklahoma
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Shannon Roesler
Sr
Professor of Law
B.A., University of Kansas • M.A., University of Chicago J.D., University of Kansas • LL.M., Georgetown University M.A., University of Wisconsin P U B L I C AT I O N S
Agency Reasons at the Intersection of Expertise and Presidential Preferences, 71 ADMIN. L. REV. 491 (2019)
Landscapes of Inequality: Residential Segregation and Environmental Injustice (book chapter for ENVIRONMENTAL LAW. DISRUPTED (Keith Hirokawa & Jessica Owley eds., ELI Press, forthcoming 2020))
P U B L I C AT I O N S
Amicus brief in Espinoza v. Montana Department of Revenue, Supreme Court of the U.S., Co-author
As
Authored policy brief on non-economic damages cap, Oklahoma Council of Public Affairs Author of a weekly column on State Politics and Government, Oklahoma City’s Journal Record OT H E R
Presented on the structure of Oklahoma government, Kingfisher County Republicans Women’s Club
Andrew Spiropoulos Robert S. Kerr Sr. Professor of Constitutional Law Director, Center for the Study of State Constitutional Law & Government B.A., Carleton College J.D., University of Chicago M.A., University of Chicago
Presented on the structure of Oklahoma government, 1889 Institute Presented on Judicial Reform, Oklahoma State Chamber Policy Forum Presented on Proposed Louisiana Constitutional Reform, Pelican Institute, Baton Rouge, LA
Participant, School Choice Summit, Oklahoma Council of Public Affairs Moderator for Capital City Connect panel on marijuana legal issues Participant on the panel for Freedom of Expression in Higher Education, Oklahoma Political Science Association Annual Meeting Presented on Policy Agenda setting, Fears Fellowship Lectures, Oklahoma Council of Public Affairs Moderator for panel on Impeachment, Federalist Society, Oklahoma City University School of Law Presented on the structure of Oklahoma government, Leadership Exchange Academy
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Cs
P U B L I C AT I O N S
The Smart Woman’s Guide to Property Law: Protect Your Assets When You Live with Someone, Marry, Divorce, and More (Rowan and Littlefield, 2020) The Dilemma of the Transgendered Heir, QUINNIPIAC PROBATE L.J. (2020) Power, Property and the Law of Trusts, Redux: Some 21st Century Trusts, in POWER, PROPERTY AND THE LAW OF TRUSTS (Cambridge University Press, forthcoming 2020)
Broken Links: A Critique of Formal Equality in Inheritance Law, 2019 WISC. L. REV. 191 Wills, Trusts, and Estates Meets Gender, Race, and Class: Introduction, 2019 WISC. L. REV. 161 Due Process, State Taxation of Trusts and the Myth of the Powerless Beneficiary: A Response to Bridget Crawford and Michelle Simon, 67 UCLA L. REV. DISC. 46 (2019)
Carla Spivack Oxford Research Professor of Law Director, Certificate Program in Estate Planning B.A. Princeton University J.D. New York University Ph.D. Boston College
Human Rights and Taxation of Menstrual Hygiene Products in an Unequal World (with Bridget Crawford), TAX, INEQUALITY, AND HUMAN RIGHTS (Philip G. Alston and Nikki Reisch, eds., Oxford University Press 2019)
Portrait Illustrations by Liam Proniewicz
Trust Flexibility and the Role of Courts in Limiting Property Forms, 43 ACTEC L.J. 333 (2018)
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By treating women and men equally without recognizing the gross social and economic advantages that differentiate us, the law perpetuates the wealth gap. Excerpt from The Smart Woman's Guide to Property Law
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THE HISTORY & TRANSFORMATION OF OCU LAW BY LEE F. P EOP L ES A S S O CIAT E D EAN of L IB RA RY and TECH N OLO GY FR E D E RIC K CHARL ES HIC KS PROFE SSO R of LAW
OCU Law Alum Bob Burke ’78 and Associate Dean Lee Peoples have spent the past several years writing a book about the history and transformation of the school’s magnificent building. The book, titled Oklahoma City University School of Law Come to Learn – Learn to Lead, is Bob Burke’s second book about OCU Law. In 2008, Bob and Professor Emeritus Von Creel published Oklahoma City University School of Law: A History. Dean Lawrence Hellman wrote the closing chapter predicting that the next stage of the school’s history would “involve the creation of new, more expansive facilities, perhaps in downtown Oklahoma City.” Dean Hellman envisioned a “signature building … part of an architecturally-advanced complex that would strengthen the ties between the law school and the profession and society it serves.” The predictions made by Dean Emeritus Hellman have become reality as the school has settled into its magnificent downtown campus over the past five years. Oklahoma City University School of Law Come to Learn – Learn to Lead chronicles Oklahoma City’s efforts to construct a landmark high school on land still surrounded by cornfields and pastures. Voters approved nearly half a million dollars in bonds to fund the school’s construction. Noted architect Solomon Andrew Lay-
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ton’s firm was selected for the project. Layton’s work includes 16 county courthouses, the Oklahoma State Capitol, the Skirvin Hotel, and many other historic Oklahoma buildings. Oklahoma High School was formally dedicated on March 3, 1911. In its early days, the school was home to 1,350 students and 48 faculty. The book details the achievements of the school’s alumni including three Oklahoma City mayors, state and federal judges, and leaders in the sciences, business, and civic life. The school’s arts and drama graduates went on to successful careers in television, on Broadway, and in major mo-
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tion pictures. The school’s teams excelled at athletics, and several graduates went on to play professionally. The book sheds light on the correct name of the school. Newspapers and alumni often referred to the school as “Oklahoma High School”. Oklahoma High School is also spelled out in tile at the north and south building entrances, and the initials appear in the proscenium arch over what was once the auditorium stage. However, until other high schools were built, the official name of the school was “Oklahoma City High School.” That name appeared on diplomas, in yearbooks, and on the masthead of the first edition of the school newspaper,
Sooner Spirit, in 1921. The school’s name was changed to Central High School in the 1920s, and the school operated as such until 1968 when the last graduating class of 133 received their high school diplomas. The school district used the building for an experimental high school program in the 1970s before selling the building to Southwestern Bell in 1981. The building was transformed from high school to corporate headquarters through the phone company’s 12 million dollar renovation. The building was damaged in the April 19, 1995 bombing of the Murrah Building, after which the building and its adjacent parking lot served as a staging area
for the rescue and recovery operations. In 2005, the building was purchased by an insurance company that sold it just seven years later to OCU. Moving the law school downtown was a return to the school’s roots. In the 1930s, ’40s, and ’50s the school operated in several downtown locations. In selecting its new location, the school joins the growing number of “new urbanist” law schools that have left their university main campuses for vibrant downtown locations. Planning for the building’s transformation from corporate office space back into a school began in earnest after the purchase was completed. The renovation of the
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nearly 180,000-square-foot building was completed in just under two years. Several chapters are devoted to the building’s transformation and to acknowledging the many generous donors who made it all possible. A number of interesting discoveries were made during the building’s transformation. Perhaps the most interesting were the two large murals painted by Oklahoma artist Olinka Hrdy in 1928. Hrdy, Oklahoma’s first modern artist, collaborated with Frank Lloyd
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Wright at his Taliesin Studio. She painted Art Deco murals that once adorned a Tulsa building designed by Wright’s protégé but that have since mysteriously vanished. The murals in the law school’s museum are extremely rare, as most of Hrdy’s other murals were destroyed. Only one other Hrdy mural exists, and it is located in California. Associate Dean of Administration and Distance Education Jennifer Prilliman took the lead in ensuring the preservation of the Hrdy mu-
rals. The murals were restored and reinstalled shortly before the building’s opening. Dean Emeritus Valerie Couch was the driving force behind the immense amount of work involved in the building’s transformation. Dean Couch thoroughly immersed herself in the large and small details of the building’s acquisition, design, renovation, fundraising, and the actual physical move. The law school quite simply would not be in its beautiful new home without
her immense efforts. As a small token of appreciation, the authors have dedicated Oklahoma City University School of Law Come to Learn – Learn to Lead to Dean Emeritus Couch. Burke and Peoples’ book, Oklahoma City University School of Law Come to Learn – Learn to Lead was published this year by the Oklahoma Historical Society and will be available for purchase from the law school.
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MICHAEL GIBSON: THE OCU STANDARD BY DANIEL MORGA N P R O FE SSOR EM ERIT U S
Each morning since 1984, around 7:30 a.m., I would stealthily approach the open door of Michael Gibson’s office, shout a loud “howdy,” and throw my hat on his desk. Michael, always hunched with great concentration over his computer, would jump with a start and deliver a Shakespearean epithet, after which I would grab my hat and make my escape. We have been friends and colleagues for well over 30 years, and I can attest to the fact that Michael Gibson has set the gold standard for service and professionalism and dedication to his students, in addition to having a great sense of humor.
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The OCU Standard for Service and Professionalism Michael’s hero is the late Chief Federal Judge for the District of Nebraska, Warren K. Urbom, for whom Michael clerked after graduating from Yale Law School in 1982. Judge Urbom presided over several cases of national import, one of which was the occupation of Wounded Knee, South Dakota, in 1973, upon which Michael worked. Urbom, known as one of the finest trial judges in the nation, was recognized for his work ethic, professional standards, and kindness toward all who appeared in his court room. As a professor, Michael has emulated Urbom’s standards in everything he has done. He set a high bar, a personal OCU standard, as an example to his students and colleagues alike. Always one to represent the law school at various professional events, Professor Gibson also treated OCU students with professional respect. Student James Biscone put it well: “A great professor and even greater person! Professor Gibson didn’t treat students like they were 1Ls, 2Ls, or 3Ls. He treated them as if they were future members of the Bar. Thank you, Professor Gibson!” Judge Urbom would have approved.
Michael Gibson, Admiral in the Great Navy of the State of Nebraska Are you ready for the real Professor Gibson, up close and personal? Michael, raised in Omaha, Nebraska, comes from a large family of iconoclasts, including sister, Liz, duck farmer (pâté de foi gras, anyone?) and rural librarian; younger brother, John, a statistics and math professor; and mother, Mary Solon Lewis, the 92-year-old first lady of Wasta, South Dakota (population 83) whose latest book, From Wounded Knee to the Gallows: The Life and Trials of Dakota Chief Two Sticks, will be published by OU Press in May 2020.
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CONNIE C A LV E R T ’ 1 6
Michael’s Legacy to Students and Alumni I can attest to Michael’s personal schedule. First in the building, often the last out. Office door always open. Students studying outside his door, others in his office visiting. Students noticed his open-door policy and almost constant presence. He led by example. Vickey Cannady, senior faculty administrative assistant, says of him, “He truly cares for his students. He is such a great person.” Again, Judge Urbom would approve.
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Michael fits the family mold. True to form, some of Michael’s hobbies include trainspotting Union Pacific engines from Kansas to Wyoming, with one of his photos featured in the July 2009 Union Pacific calendar, and appearances at Medieval Fairs and Scottish events in full Gibson dress regalia complete with kilt and dirk. He was also a valued member of Team Birdie (a dachshund race cheer squad) and an unofficial member of the Morgan family clan. Even better, Michael has received Nebraska’s highest honor by being named an Admiral in the Great Navy of the State of Nebraska, an honorary title bestowed upon individuals by approval of the Governor of Nebraska, the only triply landlocked U.S. state.
There is also reason to believe that he may or may not have memorized all the principal Shakespearean plays and sonnets, Robert Service poems, the Tolkien Lord of the Rings trilogy, and various other mysterious and undecipherable Celtic doggerel. Many of the readers of this article will know Michael; only they can judge. The best is last. Barbara Kinney, a mutual friend of this author and an OCU alumni, introduced Barbara Swimley, recently retired clerk of the Oklahoma Supreme Court, to Michael several years ago. The pair have been hiking and biking across Oklahoma and traveling throughout the British Isles on a quest to solve the quintessential Tolkien puzzle: What is the real password to enter the Mines of Moria? Enjoy your retirement, dear friend.
1 42 U. Balt. L Rev 1 (2012)
Professor Gibson was also an innovative classroom teacher, continually updating his teaching methods to include practical clinical training along with substantive law, and the latest technology to provide instant classroom feedback. Six times he received the Outstanding Professor Award from the students, and, no
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Michael also is the author of an influential article on teaching, “A Critique of Best Practices in Legal Education: Five Things All Law Professors Should Know”1. His call for teaching innovation will be missed.
Professor Gibson taught me that good faith and fair dealing are words to live by; thank you, my friend.
If you were to ask OCU presidents, provosts, or law school deans who have served during the past 15 years who contributed most to the successful internal operation of the university, Michael’s name would be at or near the top of every list. He became the university point man for every difficult rewrite or revision of university policy, such as promotion and tenure, anti-discrimination policies, Title IX, strategic prioritization — the list goes on and on. His meticulous drafting and research skills, combined with his low-key mediation talents, were major factors in developing these crucial, but largely unseen, projects. A truly amazing individual effort.
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surprise here, also received the student award for “The Professor Most Likely to Live in His Office.” Not sure if Judge Urbom would approve!
Above left: Professor Gibson famously known for holding his Contracts review session around the Christmas tree. Above right: Professor Gibson and Barbara Kinney dressed in Scottish plaid.
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STUDENT SUCCESS PROGRAM BY ALA NA H AYNES HOUS E AS S I STANT D EAN for ST U D E N T SE RVICE S
At the end of a meeting in the fall of 2018, Dean Jim Roth asked “What are your thoughts on student success?” That question was the first step in a program launched just one year after the idea was conceived – OCU Law’s Student Success Program.
After the first semester, over
80%
The Student Success Program is a comprehensive and holistic approach to student success – one that considers the individual needs of every student. Those needs may include academic support, mental health resources, career planning, professional development, mentoring, and time management assistance. This program is unique to the traditional law school experience and was birthed from the feedback of key law school stakeholders such as our faculty, executive board members, alumni, trustees, and staff. We listened to our community. We trust them as the front-line legal experts who train our future lawyers through the rigorous and practice-ready education OCU is known for; who hire and mentor our new lawyers as employers or as legal practitioners with a wealth of experience; and who support our institution through generous gifts, involvement, and true hearts of servant leadership. What we’re doing at OCU Law is special.
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of first-year law students shared that they found their Student Success Program valuable.
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I am genuinely so happy to be at OCU. I feel so supported and cared for. I really like all of my professors, and the positive environment really helps with the stress. Thank you all so much!
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In such a stressful environment it's nice to have actually cool staff. Just seeing them around and having authentic conversation really makes my day better.
”
Bianca Bryant
Alana Haynes House
Christopher Sokol
Katie Haynes
We begin every student's individualized success plan at admission by holding an in-person one-on-one meeting with every first-year law student. We ask them to selfidentify their strengths and areas that need attention, and we collaborate to develop a plan for success. Once their individualized success plan is created, it is adjusted by using key data points such as faculty feedback, legal research and writing assignments, and other data points, including course exams and quizzes. In order to launch this program, the Office of Career Services was expanded and renamed Law Student Services. My role transformed from Assistant Dean of Law Career Services to Assistant Dean for Student Services, and a Director of Student Success was hired – Christopher Sokol. Sokol, a graduate of Notre Dame Law School, brought nearly 10 years of experience working in athletic compliance and as an adjunct law faculty professor. A Director of Career Development and Student Programming was also hired, Bianca Bryant, a practicing attorney who previously served as the Director of Career Services at Langston University.
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The Academic Achievement Department, led by Professor Steven Foster, hired Katie Haynes, the Associate Director of Academic Achievement, who had previous experience conducting academic workshops and individualized academic counseling. Student Services and Academic Achievement work collaboratively to support student needs with Haynes focusing on academic support, Bryant providing professional development programming and career guidance, and Sokol serving as the main point of contact to connect students to these and other resource needs. We want every law student who attends OCU Law to find success. We want to continue the legacy that OCU Law is known for – producing practice-ready lawyers by ensuring that every future lawyer graduates our institution not only prepared to pass the bar but prepared to navigate the challenges of practicing law with a sound foundation of resilience and professional acumen. Our community has always supported that goal. Our Student Success Program ensures it.
OCU’s environment/community is unlike any other. Of course, the education is difficult and extremely challenging, but the community here is warm and promotes success. I’m very thankful for how hard the staff works with the students. And I’m grateful for the environment OCU provides. Thank you. Quotes on these two pages are from our mid-year feedback survey.
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CRIMINAL JUSTICE
REAL WORLD COLLABORATION TO IMPROVE THE QUALITY OF JUSTICE
BY LAURIE JONES AS S O C IAT E D EAN for AD M ISSIO N S
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The bullet from the victim and the shell casing at the crime scene match the handgun seized from the Defendant. Latent fingerprints found in the victim’s kitchen are consistent with the Defendant’s fingerprints. Bodily fluids found on the victim’s clothing are consistent with the Defendant’s DNA. Recovered emails from the victim to the Defendant and deleted photos of the victim’s body are found on the Defendant’s cell phone. Students spent a month of class in the J. William Conger Courtroom at OCU School of Law, learning the law of expert testimony and the techniques and tactics of direct and cross-examination. Next, five weeks of class in the laboratories and classrooms at the W. Roger Webb Forensic Science Institute at the University of Central Oklahoma teach them the science and methodology of ballistics, impression and DNA analysis, and the techniques of cell phone data extraction. Now, second- and third- year law students and masters-level forensics students are ready to present expert testimony, conclusions, and demonstrative evidence to support their client and their theory of this murder case. Final presentations for the Forensic Science in the Courtroom class have begun. In 2014, the Forensic Science Institute (FSI) faculty members at UCO were acting as consultants to the Oklahoma Innocence Project (OKIP) at OCU. Professor Tiffany Murphy, director of OKIP at the time, and Dr. Mark McCoy of the FSI sought other ways for the faculty at each institution to collaborate. The idea for a class combining masters-level forensic science students and law students was developed, and Forensic Science in the Courtroom was first offered that spring. This unique partnership between the two institutions and two professions has continued since then, taught each spring by Dr. McCoy from UCO and over time, by Professors Tiffany Murphy, Dan Morgan, and now Laurie Jones from OCU. The course begins with a discussion of relevant federal and state rules of evidence and the Daubert trilogy of cases governing the admissibility of scientific testimony. Students observe effective and less-than-effective expert witness testimony; learn how to research, find, and retain expert witnesses; and practice direct and cross-examination of an expert on qualifications. Next is on-site, in-depth instruction on the various forensic science disciplines of ballistics, impression, DNA, pathology, and blood spatter analysis. Crime scene reconstruction, diagramming, and photo-
graphing is covered, as well as the methodology for competency testing and competency determinations. The course culminates with a final crime scene problem that requires each law student to work closely with a forensics student to present the forensic student’s qualifications and expert testimony in a particular scientific discipline, including methodology and conclusions as summarized in a written report, on an aspect of the case. A demonstrative exhibit is required to illustrate the testimony, and the law students practice the smooth and artful introduction and admission of evidence. The law students must also cross-examine another forensic student expert in a different scientific discipline. All students are afforded a professional development opportunity that allows them to learn about the intersection of law and science, ethical issues facing the lawyer and expert witness, and proper preparation for direct and cross-examination and the introduction of evidence. The course is designed to provide experiences, critical insight, and opportunities for professional growth and expertise. The students are expected to demonstrate their knowledge and skills by engaging in discussion about the topics of the course, reading and writing about current issues in the field, working in small groups, and completing practical exercises and demonstrations. What is found, is that the students in law and forensic science develop relationships and a level of respect, trust, and camaraderie with each other. These future prosecutors, criminal defense lawyers, medical examiners, and forensic scientists work closely together at a formative stage of their careers, and thus have a bond and deeper understanding of their respective professions and one another. They develop greater competency and skill in their preparation for trial. It is the hope, too, that the quality of justice will be improved by the students’ relationships and enhanced knowledge, confidence, sense of ethics, and expertise.
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Forensic Evidence in the Courtroom allows you to take information you have learned throughout law school and apply it in a courtroom setting. Working with the forensics students helps prepare you to work with an expert witness and on everything that is required for direct and cross-examination of an expert. This class is a perfect way to practice skills in and out of the courtroom. C R E TA L . CA RT E R ’ 2 0
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OKLAHOMA INNOCENCE PROJECT Studies estimate 2% 5% of the prison population are innocent of the crimes for which they are serving a sentence. This translates to 500 – 1,250 innocent people incarcerated within the Oklahoma Department of Corrections. This is a conservative estimate. Some sources claim the number is as high as 10% nationwide. Oklahoma Innocence Project is working with the OSBI and the District Attorney’s Counsel on identifying cases where microscopic hair comparison testimony (which has been widely debunked as junk science) was offered at trial but modern DNA testing could result in a different outcome for the defendant. OKIP anticipates reviewing approximately 80 cases during the initial stage of this effort.
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Willard O’Neal was released in 2019.
14
6
cases are in court or filed (including Post-Conviction DNA testing requests)
cases are pending in state or federal courts
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527
cases have active status
cases are waiting on review
727
314
cases have been closed because they did not meet criteria
new cases have not yet had the initial criteria review
On average, 20 new requests for help arrive to the Oklahoma Innocence Project per week. Information as of July 2020.
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CRIMINAL JUSTICE
CRIMINAL JUSTICE
REFORM Editor’s note: The Journal Record held a roundtable discussion on criminal justice reform on October 3, 2019, at OCU School of Law. The transcript has been edited for length and clarity.
Panelists included: Russell Ray, editor of The Journal Record Loretta Radford, legal director for the Center for Criminal Justice at OCU School of Law Kris Steele, executive director for the Oklahoman’s Criminal Justice Reform and former Speaker of the House of Representatives in Oklahoma Rejeana Strahorne White, former inmate Joe Dorman, chief executive officer for the Oklahoma Institute for Child Advocacy RAY: Kris, I would like to start with you, if I could, to set up the conversation. Criminal justice reform was a high priority for the Legislature this year. Can you talk a little bit about what the Legislature was able to accomplish and what still needs to be done? STEELE: Thank you for the opportunity and thank you all for participating today. Super excited about this conversation and the opportunity to discuss what I think is an incredibly important issue facing our state. So, let me just start with what was accomplished this most recent legislative session. I think that there are three reforms that are signed into law and soon will take effect that are incredibly important. The legislature this year relaxed some of the criteria surrounding the eligibility for a convicted felon to obtain a license in a given occupation. What that means is that more returning adults are now going to have the opportunity to obtain the proper certification to work
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within our state. It was a true workforce development issue, and historically what’s happened is any occupation that requires a license of any sort has regulations that would prohibit a convicted felon, which is a scarlet letter that excludes a lot of people from really being productive and participating pro-socially within our society. They had established some criteria that would exclude or prohibit individuals who had a felony conviction from obtaining a license. And this year the Legislature took a big step forward, along with Governor Stitt, in making it possible for more returning adults to pursue a profession of their choosing and that matches their talent and ultimately the workforce. And I think that was super significant. The other thing that I would say that was accomplished this year is when we are having a discussion on who should be incarcerated or who should be in jail versus who should not, there are communities within our state that are leading the way. For example, Oklahoma City, on their own volition, implemented a cite and release policy for simple possession of marijuana. And so instead of taking people to jail and holding people in jail for simple possession of marijuana, what Oklahoma City started doing is issuing a citation, because unless you have a medical marijuana card it’s not legal to have marijuana on your person. And so, they incorporated a policy that said, you know what, even though this may not be legal at this point, it’s really not the kind of offense that we would want to clog our criminal justice system with, so they’re just issuing a citation and moving on down the road. The Legislature saw the value in that and they actually instituted a cite and release policy for simple possession of marijuana statewide, which I think is also a good step in safely reducing our prison population. And I think that’s the crux of this discussion. Being able to differentiate who should be incarcerated versus who
can be just fine under proper supervision within the community. And then the third reform that I would mention as a highlight of this last year’s session was the effort to make the reforms contained in State Question 780, which was passed by the voters of Oklahoma in 2016, apply retroactively to anyone who may be serving prison time for simple possession or a low-level property crime. So just to reiterate, in 2016 the voters of our state said, you know what, if a person battles addiction, if it’s an issue of simple possession and they’re using to self-medicate or they’re using for personal use and they need help because they’re battling substance abuse, they ought to be treated as a patient, not as a prisoner. The problem is, there are a host of individuals who are still serving prison time because they committed the offense of simple possession prior to those reforms going into effect. So, this last year, the Legislature again because of the leadership of Governor Stitt, made the reforms that the voters passed in 780 apply retroactively. And I just want to give you some grasp, some scope of what that means. The house bill that made 780 retroactive was House Bill 1269 and that goes into effect November 1, in just about a month, less than a month. And so, on November 1, approximately 900 individuals will have the opportunity to be released from incarceration and reunited with their families, and they will be able to reenter the workforce and move forward in life — 900 individuals are going to have the opportunity. That is so significant. In addition to that, based on the studies that we’ve been able to see, there are a host of individuals who have been convicted of a 780 crime and have that scarlet letter of a felony conviction on their record, but they have already paid their debt and they’ve already served their time, so they are still limited in living with the scarlet letter. As many as 60,000 Oklahomans will be eligible – they will fall into that category and will be eligible to apply – [and] have their records cleared of that scarlet letter, and they will be able to advance in their own lives in relation to their families and their personal development and in their productivity. So, it’s a big deal and we are very, very thankful for the reforms that were passed and signed into law and are set to go into effect very soon. Thanks. RAY: Kris, let me ask you, if you had to give a grade to the state Legislature for its efforts on criminal justice reform, and I will ask Joe and Loretta this as well, what kind of grade would they get, A+, C-? STEELE: That’s a really good question and that’s a fair question. I think it’s important that even though we’re talking about the positive steps we are taking, Oklahoma still leads the country in incarceration. We incar-
cerate more women per capita than any other state in the nation and really any other civilized country in the world. We have the highest male incarceration rate still today, even after these reforms. And the disparity in the number of people that we incarcerate versus the number of people that other states incarcerate continues to grow, unfortunately. To add insult to injury, we have among the highest incarceration rates for people of color. We have a lot of work yet to do. And so, the Legislature took some positive steps, but given the magnitude of the situation and the additional reforms that were being considered that they did not act on, I think I would give the legislature a C in their efforts. RAY: Joe, what do you think? DORMAN: I would agree with Kris’s assessment on the letter grade. Overall with OICA we gave the legislature a B for the work that they did for child wellbeing, but when you focus on criminal justice reform as a whole, I would say that that was a C grade. The Legislature did pass some of those programs that Kris suggested. John Echols and Jason Dunnington took it upon themselves to make sure that went through, but there were several other issues that did not see action. We saw bail reform that was held over. There’s still a discussion on juvenile life without parole. There’s still a discussion on failure to protect. Many of those conversations were left by the wayside, and I do believe we will see some action. In fact, as we are meeting right now, [Oklahoma State Representative] Tammy West is holding an interim study on failure to protect and what that looks like across the nation with the child endangerment laws. [Oklahoma State Representative] Daniel Pae in a couple weeks is going to hold an interim study on the effects of criminal justice reform with the youngest of Oklahomans. We have had the pleasure of working with both of those lawmakers to make sure that those studies are going to have the right people in place to share the information that’s needed so that these lawmakers can make the best decisions. We have done a lot of work; there’s still a long way to go to do the right things in Oklahoma. RAY: Loretta, how would you evaluate the performance of the Legislature this last session? RADFORD: Well, certainly in the last session I think the Legislature is entitled to certainly get an E for effort, but I have to fall in line with Kris when I say sometimes it’s a little late. And I want to give some value to the numbers that Kris talked about. These are fairly current statistics from the Prison Policy Initiative, which, that’s all they do is study incarceration and detention rates across the United States.
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Oklahoma, based upon the last census that we had, had a population of about 3.9 million people. According to the statistics that have been run on the incarceration rates, about 1,047 people are incarcerated for every 100,000 people in the state of Oklahoma. That puts us ahead of even the United States rate of incarceration, which is in line with what Kris talks about as we incarcerate at higher rates than other countries who incarcerate. Part of that problem is we’ve got to have a learning module for the difference between incarceration and detention. When we talk about incarceration, many people in the lay public relate to: you were convicted, you’re guilty, you’re going to prison. When, in fact, most of these statistics are from local county jails and local facilities where people are being detained prior to trial. And it’s that pretrial detention that we’ll talk about a little later, but that’s where the real big jump in the rates which often get hidden in incarceration rates are. And so, I still think the Legislature has a lot of work to do, but I have to applaud them for trying to come forward. RAY: All right. That sets a great foundation for our discussion moving forward. One of the things that we always try to do at The Journal Record is put a face on the issue, and Rejeana is here to put a face on this issue. Rejeana, your experience started with a relatively minor offense and ended up costing you dearly on many levels.
At some point I wrote some checks I knew I didn’t have the money to cover. I was given a deferred sentence and to serve on probation. Later I wanted to be as pretty as my sister and all the other girls, so I worked up the nerve to steal a push-up bra, worth about $34 back then. Of course, I got caught. My career as a thief was short and bitter, because I was given a 10-year prison sentence. I was released on parole nine and a half years later, penniless. The only new skills I had learned in prison were how to become a better criminal.
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KRIS STEELE
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Executive Director for the Oklahoman’s Criminal Justice Reform and Former Speaker of the House of Representatives in Oklahoma
WHITE: Yes, sir. Hello everyone, my name is Rejeana. I have waited a very long time to be here today. With that being said, I need to thank God for keeping me and being good all the time. Thanks to my brother here, Kris Steele, to my TEEM leaders, and, of course, The Journal Record for inviting me here today. I grew up as country as country can be in Ada, Oklahoma. I was poor, black and naive.
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Let’s just say money was scarce where I came from.
… We must get to the point where we are focused on addressing the core issues behind the behavior … from a reactive model … be proactive, and we have to understand what is leading to criminogenic activity and criminogenic thought processes and not punish somebody, because ultimately, they need help.
Can you talk about that experience for us and share some of your thoughts?
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I did come from humble beginnings. My mother was a single parent of four children, me being the eldest and, of course, the adventurer of the bunch.
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I was home from prison 52 days when I met a handsome guy who talked smooth. Clearly, he knew what I didn’t. A decade had passed between 1994 and 2004, and this country bumpkin girl didn’t recognize the world, the workforce or its technology. He took me out, wined and dined me. He took me home saying, I was going to be his wife for life. The next day I was at his house waiting for him to return, the police showed up with a warrant. Searching his house, they found drugs. The criminal justice system prosecuted me while he was on the run. They asked me to corroborate; I did so, to the best of my ability. They thanked me and gave me a 30-year prison sentence. I was released from prison two months ago on August 2, 2019, thank God.
Regretfully, my dear mother, Bertha Mae, went home to be with the Lord 20 months ago. I have to live with that fact. The fact that I will never get to hold her again in this life. By the grace of God, I’m alive and sober, but my daughter lost her mother for the most important parts of her life. The technology from 2004 is nothing in comparison to this 2019 era. I’m here penniless again, but I found inner strength that made me strong outside. Oklahoma’s criminal justice system has been cruel, but the worst part is, they haven’t been evenly cruel because we are No. 1 for locking up every category of peo-
ple. A lot of systems do go wrong, but this one kills people’s families and the future of our state. It stole education from kids who never went to prison by draining the state’s budgets. I believe, honestly, I truly believe that mass incarceration is like abortion. The only difference is, the state waits until the babies are grown up enough to convict for crimes, then the cutting starts. In these types of abortions, the entire family is dissected, one member at a time. Since my recent release, I have been faced with financial hardships such as housing, employment, state restitution due to this jail incarceration, medical aid, clothing, food and transportation issues. Steele and my TEEM family and other agencies like his are helping to ease some of these burdens. For this support, Steele, I will be eternally grateful. One might ask, Rejeana, how do you manage to keep your positive outlook and your spirits up? As a young child my mother instilled in us to smile in order to keep from crying, that trouble don’t last always. Today, I lean on her very words with that thought, this too shall pass. All wasn’t lost, though. During this incarceration time, it gave me opportunity to find myself, so to speak. I got to know me, the real me, all over again. The once little lost country bumpkin, bookworm was back. I used that time to write my first nonfiction novella titled Finally Somebody is Keeping it Real. I now have a newfound purpose. And you know as well as I do that when an individual finds purpose, passion follows, then hope. Let’s fight this fight. Thanks for having me. RAY: Thank you, Rejeana. That was a very powerful and moving story. It’s clear that your spirit and soul are very much alive. Kris, we heard about her offense, we heard about a 10year prison sentence that she was given. How common is this in the Oklahoma criminal justice system? STEELE: First of all, Rejeana, thank you for sharing your story. It takes a lot of courage. Rejeana’s story is all too common. What the dynamic here is what we would refer to as a repeat series of nonviolent offenses. So bogus checks, shoplifting, and then a drug-related crime that did not involve weapons or things of that nature.
tences, there is no research that would indicate that these excessive sentences do anything but make a difficult situation worse. There’s no evidence that excessive sentences result in a reduction in crime. There’s no evidence that excessive sentences result in an increase in public safety. But there is plenty of research and data that would support the fact that excessive sentences add to the instability within a person’s life and within the family unit. We have to understand that as a state, collectively, we must get to the point where we are focused on addressing the core issues behind the behavior. We’ve got to move from a reactive model and we have to begin to be proactive, and we have to understand what is leading to criminogenic activity and criminogenic thought processes and not punish somebody, because ultimately, they need help. The reality is this. We are engaged in a commutation project where we are helping to advocate for the reduction of excessive sentences for a lot of people in Oklahoma, and we are running across individuals who are in our current system who are serving life sentences for nothing but nonviolent offenses. We are running across individuals who are serving life sentences without the possibility of parole for repeat nonviolent offenses. That’s unacceptable, and we have to get to the point where we are not continuing to punish a person for something that they have already – that’s already been disposed of. And so, regarding the previous offenses in Rejeana’s case, it appeared that she had already paid her debt and served her time. And yet when it came to the third offense, she was punished again when you consider the sentence enhancements for a mistake that she had already, according to the system, paid her debt for, and we’ve got to get to a point where we stop doing that. RAY: Joe, at what rate do children of incarcerated people become involved in the justice system? DORMAN: That’s a great question. And, of course, we talked about the numbers with the pipeline to prison but I want to focus on two other key numbers that hit close to home. When you look at the number of Oklahomans we have incarcerated and the children we have in state, the average is about one in 10 kids in Oklahoma has or has had a parent in prison. One in 10.
And she received a 30-year sentence; 40 if you add the 10 that she had already served. In the statute it’s called habitual offender laws.
Now talk about the numbers that are put out by the National Conference of State Legislatures that say a child is six to seven times more likely to go to prison themselves if they’ve had a parent in prison. We are repeating the cycle with those two numbers.
And so, sentence enhancements can be applied to every offense, and it’s one of the things that we have to deal with. I want to be very clear. Nonviolent offenders should not serve life sentences in Oklahoma. And yet we see this dynamic in play. And these excessive sen-
And until we do something about the preventative measures, help address ACEs [adverse childhood experiences] and get those services to the children who need it the most, we’re going to continue repeating that cycle.
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CENTER CRIMINAL JUSTICE for
While incarceration rates dropped by 12 percent on average in the United States between 2008 to 2018, Oklahoma was on a much different trajectory: in the same timespan, the imprisoned population in the state grew by four percent, according to the U.S. Bureau of Justice Statistics. Until this year, the number of people behind bars in Oklahoma exceeded lockup rates in the rest of the country and the world’s wealthiest democracies. “Oklahoma has always been a lock-’em-up state,” says Bob Ravitz ’76, Chief Public Defender for Oklahoma County. “More importantly, people go to jail for a lot longer in Oklahoma.” Oklahoma City University School of Law is doing its part to reverse the trend. In July 2019, the school launched its Center for Criminal Justice, which will seek justice reform in part through its Bail and Bond Reform Clinic. Law students will consider alternatives to pretrial detention of the accused and alternatives to expensive incarceration. Students are expected to make proposals to local, county, and state government officials. Economically disadvantaged Oklahomans unable to pay bail or bond are often held in detention, where they are at risk of losing their jobs and also their children to social service agencies because they lack finances to secure pretrial release. Critics call the cash bail system unconstitutional, because defendants are forced to languish in jail before being convicted of a crime.
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BY A ND R E W FAU G H T A freelance writer in Fresno, California, Faught has written widely on issues and ideas of higher education.
“The younger generation of law students,” says Ravitz, who has taught in the clinic, “is heavily committed to seeking change, or at least justice, in the criminal justice system.” Additionally, a one-day forum brought together criminal justice leaders, setting the stage for the law school to identify and research policy proposals that will consider alternatives to what critics call “extreme” incarceration rates in Oklahoma. The Center was founded “with the hopes of putting one more hole in the pipeline to prison,” says Loretta Radford, its legal director. “I’ve heard a number of students comment, ‘if jails and prisons are not for rehabilitation, what are they for? Why are we building them?’” “The Center for Criminal Justice will play a role in steadying the disparate effect of certain policies and laws on specific communities – on people of color, on poverty-stricken areas, on public housing projects,” adds an optimistic Radford, a former assistant U.S. attorney in the Northern District of Oklahoma and an assistant public defender in Tulsa County. “We’ve already seen the introduction of bills in the Oklahoma Legislature.” Some of the Center’s other goals could include sponsoring litigation and challenging court cases in the area of criminal justice reform. Further, there is talk of supporting reentry programs for people released from prison. “We thought it appropriate to explore housing a center around criminal justice here at OCU Law, in the state’s largest city and at a place where these issues are studied and discussed,” says Jim Roth, the school’s dean.
“Hopefully, we are making improvements to the criminal justice system of tomorrow.” The state this year lost the distinction of being No. 1 in the country for jailing people – falling slightly behind Louisiana and Mississippi – due to reforms that last year led to the highest number of commutations in U.S. history. Nonetheless, an eye-popping one in 1,079 people is behind bars in Oklahoma. (Oklahoma is still No. 1 in the nation for incarcerating women.) Statistics stand to worsen: the Oklahoma Justice Reform Task Force projects the prison population in the state to increase by 25 percent from 2016 to 2026, to nearly 36,000 inmates. (The Center’s work also could help reduce crowding in the rundown Oklahoma County Jail, which in recent years has operated at double capacity.) “If you are unfortunate enough to have such a distinction, then maybe you could be a leader in solutions as well,” Roth says. “I feel the critical mass has been achieved across the public sentiment – they know the system is broken.”
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In spite of us being a ‘conservative’ state politically, we also share — across political ideologies — that paying to lock people up unfairly is not a conservative concept, either. JIM ROTH ’94 Dean, OCU School of Law
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“Perhaps enough Oklahoma families have been personally impacted by the criminal justice system,” he adds. “In spite of us being a ‘conservative’ state politically, we also share – across political ideologies – that paying to lock people up unfairly is not a conservative concept, either.” The Center, which was established through a generous grant by the E.L. and Thelma Gaylord Foundation, is a partnership with OCU Law, the Oklahoma County Public Defender’s Office, and the Oklahoma County Criminal Justice Advisory Council. As executive director of the advisory council, Timothy Tardibono welcomes the law school’s role as “a partner to help look at issues in the bigger picture.” The council was founded in 2015 by the Greater Oklahoma City Chamber, which expressed concerns that high incarceration rates were deterring businesses from coming to the state.
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For the first time, Tardibono says, justice reform voices in Oklahoma are coalescing into a collaborative conversation. Dialogue about incarceration in Oklahoma often has focused on building new cells, not looking at the process and circumstances – from arrest to adjudication – that led to a person’s imprisonment in the first place, Tardibono says. Oklahoma’s incarceration rates are attributable in large part to national conversations in the 1990s about eliminating parole, and the tough-on-crime attitudes that flowered in the 1980s. “It was a three-strikes-andyou’re-out kind of idea,” Tardibono says. Oklahoma, for its part, designated seven offenses – that in time grew to more than 20 offenses – in which offenders are required to serve 85 percent of their sentence, with no possibility of early release. The Oklahoma Attorney General’s Office is now looking
at reclassifying certain crimes to create penalties that better match the crime. “We’re just now getting to look at, how do we make better decisions? The Center will help us get a better policy solution, and it is also providing opportunities for students to be on the front lines of both the defense and prosecution.” In the meantime, the public has shown its support for reforms, including lowering sentencing guidelines for minor drug offenses. “What you’ve begun to see is the public – through actions and changes to the constitution by ballot – telling the legislature to catch up,” Roth says. Developments are afoot. House Bill 1269 took effect in November, and the state’s Pardon and Parole Board continues to consider hundreds of sentences for commutation. Other reforms could be diversion programs, including efforts that divert mothers from prison for nonviolent offenses.
Oklahoma’s incarceration rates compared to founding NATO countries Per 100,000 people
Oklahoma Forward: Rethinking Criminal Justice in Oklahoma and Beyond was hosted by OCU Law on January 24, 2020. The conference focused on why Oklahoma ranks at the top for incarceration rates and what can be done in the future. Participants learned about the Center for Criminal Justice at OCU Law, processes taken pre- and post-trial, reform efforts and legislative solutions.
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Opposite page: Statistic source provided by prisonpolicy.org/global/2018.html
If jails and prisons are not for rehabilitation, what are they for? Why are we building them? OCU Trustee Tricia Everest, a former assistant attorney general in Oklahoma, says the timing of the Center’s creation is “very germane,” as political winds are blowing in new directions.
mined; assess service needs of clients; file motions for clients to receive bail hearings; and advocate for those clients through the district court and, if necessary, through appeal.
“The [Greater Oklahoma City] Chamber of Commerce is playing a large role in changing the criminal justice philosophy in the state,” Everest says. “As in, how do we create more work and more competent, tax-paying citizens? We do that by creating positive interruption.”
“The whole concept of detaining someone while they’re waiting for a trial really defies the age-old presumption of innocence that we’re taught in civics classes and constitutional law classes,” Radford says. “Lots of states are taking a different look at the cash bail system to determine whether or not this is really how we preserve the presumption of innocence.”
The Center hosted its inaugural forum on January 24, launching what is expected to be an annual event allowing criminal justice reform advocates to talk about ways to temper incarceration rates. At this year’s event, “Oklahoma Forward: Rethinking Criminal Justice in Oklahoma and Beyond,” six panels considered everything from the role of law enforcement in criminal justice reform (speakers included chiefs of police and former chiefs of police), to pretrial bail and bond issues and alternative forms of release that allow those charged with a crime not to be locked up while awaiting trial. Panelists also considered wrongful convictions and the impact of incarceration on communities.
In the end, Radford hopes that OCU Law School graduates “challenge the way things have always been done.” One such hope is challenging long-term probation sentences, which in many cases have become alternatives to incarceration. Such sentences are considered discriminatory against the indigent, who can be charged probation fees that they can’t afford to pay. Inability to pay can land probationers in jail, exactly what was hoped to be avoided.
The keynote speaker for this year’s forum was Robin Steinberg, a lawyer and executive director of The Bail Project, which pays bail for those in need, “reuniting families and restoring the presumption of innocence.”
“It’s trendy for politicians to jump on the bandwagon for criminal justice reform, and I don’t have a problem with that,” Radford said. “Right now, it’s one of the hottest issues going, and we need to strike while the iron is hot.”
The Center for Criminal Justice’s Bail and Bond Reform Clinic serves as an experiential learning experience in which law students interview detainees and identify candidates for pre-trial release. Students participate in the arraignment process, during which, bail is deter-
“There’s a political shift underway,” adds Roth. “A law school is the right place to be a part of that, because we recognize the entire ideological spectrum in the law as we present it to our students. And so I think we are a fair arbiter of the issues.”
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CRIMINAL JUSTICE
JUDGE CINDY TRUONG
’01
BY CH R I STI NE E D D I NGTO N PR I N C I PA L at E DDI N GTO N C O M M UN I C ATI O N S
As a little girl living in a tiny village in 1970s-era South Vietnam, OCU Law alumna Judge Cindy Truong did not dream of becoming an attorney or a judge. “In that environment, our only dream was to hope we would marry a farmer who did not beat us,” she explains. Or, if her deepest, wildest dreams could come true, perhaps somehow, she would become a teacher, but that seemed impossible. “At that time, we had no running water, no utilities, a dirt floor. It was my mom and us three kids. My dad left Vietnam after the fall of Saigon, five months before I was born. I didn't meet him until later in life.” Truong’s father was finally able to send for her mother and their children in 1986, when the judge was 11. Looking back, she realizes the level of sacrifice her mother willingly endured to care for Truong and her siblings in those early years. “Back then, we didn’t know we were poor,” she says. She has memories of selling oranges and jackfruit from her grandfather’s trees, swimming with her sisters and friends in little ponds, looking for fish, honey or just exploring. At age six, Truong’s sister sold sweet potatoes and cooked for the whole family. “I didn’t know that
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when my mom brought the lunch she was given when she was working in the rice field home to us it meant she didn’t eat, that we didn’t have enough, and that she fed us instead of herself,” Truong says. After coming to the United States, the family landed in Yukon, Oklahoma, and Truong attended Mustang schools. “My mother pushed education very hard. We came here without one word of English but after middle school, I got straight A’s. If my grade was a 98%, my mother asked if it was the highest in the class, or why I didn’t make a 100%. In some ways, I wish we’d had a different childhood. We were never told stories or read to, because my parents had to work all the time.” In fact, Truong’s decision to attend OCU Law was in large measure because of her mother. “We had a convenience store at SW 52nd and Penn, and I had to work there so my mother could sleep. I worked from 6 p.m. to midnight. In law school, I finished my classes and went to the convenience store and read case law between customers.” Her undergraduate work was in economics, giving her a deeper, nuanced perspective when it comes to her crucial work in criminal justice reform. Truong’s upbringing only deepened her naturally pragmatic, adaptable nature, which continues to inform her decision-making on the bench and her instruction in the classroom. Truong is an adjunct professor at OCU Law, teaching
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I didn’t know that when my mom brought the lunch she was given when she was working in the rice field home to us it meant she didn’t eat, that we didn’t have enough, and that she fed us instead of herself. JUDGE CINDY TRUONG ’01
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Pretrial Litigation. “To be a teacher, you know, it means something to me. For girls growing up in Vietnam, being a teacher is a big dream because your family had to have money for you to do that. So it’s a way for me to give back, but there is extra meaning. My goal is to teach students to be good attorneys and to do good for others.” Before taking the bench, Truong served the public as a Criminal Prosecutor in the Oklahoma County District Attorney’s office for 10 years. Truong and fellow OCU Law alumna Natalie Mai are the only Asian judges ever to serve on the judicial bench in Oklahoma, and when Truong ran, and subsequently won her seat, she was just 35 years old.
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need to be punished, but people who have made mistakes or addicts. It costs us so much more to incarcerate them, and it creates a domino effect. It hurts their families. And then when they get out, they don’t have a job, and they’re going to reoffend, because they don’t know what else to do but go back to what they did before.
We should lock people up who are a danger to society, not people who can’t pay their bond.
I was already thinking along these lines when Clay Bennett asked me to be the Chair for the Oklahoma Criminal Justice Reform Pretrial Release Committee, which is how I met Sue Ann Arnall. Justice Noma Gurich told Sue Ann that I might be a good person to work with,” Truong says.
Arnall was looking to change the way things were working in Oklahoma County, specifically looking to reduce the number of children in foster care and to deDoing good is what has driven Truong and TRUONG crease the disproportionately high rate friends of hers, like Sue Ann Arnall, presof incarceration among African Ameriident of the Arnall Family Foundation, to cans. Of deep concern was one particular begin a mighty effort to reform the way problem: people were being kept in jail prithe criminal justice system works in Oklaor to a hearing or trial simply because they homa. “I’ve always given people chanccouldn’t pay fines, often on weekends, es,” Truong says. “I've always looked at my when days would pass before they would have the opcriminal docket with economics in mind. My thinking portunity to come before a judge. has always been why are we putting people in jail when
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we could help them get jobs and be productive citizens? I’m not talking about violent people and people who
To implement her plan, Arnall needed an ally, a judge willing to work weekends and someone who was willing
Photographer of opposite page and previous woman in rice field: Alejandro Moreno De Carlos
to give people a second chance. She looked for the right partner. That person was Judge Truong.
ration, social services, and job training and placement.
By 2018, just a few years after the group began their ef“It’s like anywhere, money plays a role in the qualifort, the number of people incarcerated in the Oklahoty of your life. When you have money you can eat betma County Jail had dropped ter, dress better. You can from 2,600 to 1,544. Today bond out. When you do not that number is 1,358. That have money, your libermeans many fewer disruptty is at stake. I believe it is ed families, and a definite ... just a few years after the wrong to lock people up bedisruption in the generacause of money issues. We group began their effort, the tional cycle of criminality should lock people up who number of people incarcerated and incarceration. are a danger to society, not in the Oklahoma County Jail people who can’t pay their Truong does not believe bond,” Truong says. that Oklahoma’s criminal had dropped from 2,600 to justice system is broken. Arnall and Truong brought 1,544. Today that number “I don’t think there is anya third superhero into the is 1,358. That means many thing wrong with our sysmix in the form of Kris Steele, executive director tem. Every system has negfewer disrupted families, of The Education and Ematives and positives. We just and a definite disruption ployment Ministry (TEEM) need good people with good in the generational cycle of and Oklahomans for Crimihearts who care enough to nal Justice Reform (OCJR). criminality and incarceration. make a difference,” she says. Steele began his work in She understands that there criminal justice reform are risks, but the potenwhile serving as the Speaker tial societal good outweighs of the Oklahoma House of them. “You can’t let that Representatives. His agenfear stop you from trying to help someone. If you can cy provides key help to men and women looking to restart their lives after incarceration: educational prepachange even one person’s life, it’s worth it.”
Left: A home in Vietnam similar to Cindy's as a child. Above, left to right: Cindy, her brother Tom, and sister Jenifer.
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BY OKL A HOMA AT TORN EY G EN ERA L M I KE H U NTE R Since taking office, Attorney General Mike Hunter has made combatting the state’s opioid overdose and addiction epidemic one of his top priorities.
LEGAL TRENDS
In terms of raw death numbers, the opioid crisis is the single greatest human catastrophe ever imposed on this country. Hundreds of thousands of Americans have lost their lives to opioid overdoses. Oklahoma is no exception. So many Oklahomans have been negatively affected by the opioid crisis, whether a family member, friend, loved one or neighbor. The disease of addiction does not discriminate. It’s shocking to hear from medical experts on how opioid addiction works. It’s described as a switch being flipped, rewiring the brain. From there, if an individual doesn’t get treatment, they follow a similar path. They dissipate their assets, become estranged from their family and turn to crime or street drugs when they are no longer able to keep getting their drugs through a legal source. The statistics are overwhelming. But perhaps the most egregious statistic is the rate at which opioid prescriptions were dispensed in 2017: 479 prescriptions per hour. That’s enough for every adult in Oklahoma to have the equivalent of 156 pills. And every 25 minutes a baby was born suffering from opioid withdrawal. From the pharmacies, these pills flooded our communities, leaving a trail of death and addiction. Although recent numbers indicate a reversal of this horrific trend, we are still far from where we need to be. As we studied the crisis and began trying to stop its spread, it became abundantly clear that the opioid epidemic was unlike any other contagions we’ve seen. It wasn’t biological. Instead, the incubator for the opioid epidemic was greed in a corporate boardroom. While Americans were suffering, the companies pumping these pills into our pharmacies were making billions of dollars. Public reports showed these companies were warned and were aware of what was happening, yet they chose to turn a blind eye, doubling down and ramping up their public relations and marketing efforts to sell even more opioids. That is why in June 2017, my office filed a lawsuit in Cleveland County District Court against three of the main manufacturers of opioids—Purdue Pharma, Johnson & Johnson and Teva Pharmaceuticals, along with several of these companies’ subsidiaries. We chose Cleveland County in part because it’s comprised of both rural and urban areas, a balance be-
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tween business, agriculture, education and other industries that represent Oklahoma. This case needed to be tried before an Oklahoma trier of fact, in an open court for all Oklahomans to see how these companies created this crisis. And that’s what happened, despite attempts by the defendants to have the case moved to a federal court in Ohio. Prior to trial, we settled with Purdue Pharma and Teva Pharmaceuticals for a combined $355 million. This money will go directly toward abating the crisis in Oklahoma. Over $175 million dollars will go to the OSU Center for Wellness and Recovery National Center for Addiction Studies and Treatment. This endowment will bolster the center’s existing robust footprint in addiction medicine, where it is already treating patients suffering with addiction. The center is well on its way to becoming the MD Anderson of addiction science. Although these settlements were major victories for the state, there was one company that denied all culpability: Johnson & Johnson. Many thought Johnson & Johnson was a small contributor to the opioid market, blithely accepting the company’s claims of a 1% market share as determinative. But our team had seen the evidence produced in discovery. And it led us to conclusively believe that Johnson & Johnson was the kingpin behind the nation’s epidemic. Our trial showed how Johnson & Johnson created a mutant strain of poppy in 1994 that allowed it to manufacture and supply massive amounts of opioids. Even before this mutant strain was created, Johnson & Johnson’s outside lawyer met with Congress to get more relaxed rules for importing more morphine into the U.S. from Australia, the very place Johnson & Johnson would later plant its mutant poppy crops. Johnson & Johnson didn’t just manufacture this raw ingredient for its own opioids. Instead, our evidence showed that Johnson & Johnson supplied the active ingredient for opioids for more than 60 percent of all opioids manufactured and sold in the U.S. The company wasn’t only making money on their own opioids; they were also making money off the opioid sales of all of its opioid manufacturer customers.
... enough for every adult in Oklahoma to have the equivalent of 156 pills.
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Johnson & Johnson didn’t stop there. Our evidence showed that between 2000 and 2011, Johnson & Johnson sales representatives targeted Oklahoma doctors nearly 150,000 times and marketed their own opioids for use as broadly as possible. Company representatives specifically targeted high prescribers of opioids and reinforced misrepresentations that opioids were safe and effective for everyday pain.
The incubator for the opioid epidemic was greed in a corporate boardroom.
Johnson & Johnson was the kingpin behind the nation’s epidemic.
The company wasn’t only making money on their own opioids; they were also making money off the opioid sales of all of its opioid manufacturer customers.
... reinforced misrepresentations that opioids were safe and effective for everyday pain.
Internal emails showed Johnson & Johnson employees bragging about persuading Oklahoma officials not to place restrictions on its opioids.
Photography on previous spread: Studio Firma.
Johnson & Johnson’s aim was bigger than prescribers, though. It had a detailed “Influence Map” that it used to target every level of our state’s government with its marketing lies to make sure their opioids were on approved medication lists. Internal emails showed Johnson & Johnson employees bragging about persuading Oklahoma officials not to place restrictions on its opioids. Johnson & Johnson also engaged with and funded dozens of industry “front groups” to further spread and validate these false statements and promote unfettered use of opioids for everyday pain, including to children and adolescents. When Johnson & Johnson was warned by its own medical advisory team not to market these drugs as low risk for abuse and misuse in 2001; it did so anyway, and still continued to, even after it was warned by the FDA to stop. Our evidence was enough to convince the judge to rule
in the state’s favor, affirming our position that Johnson & Johnson diabolically created the opioid epidemic through lies, misleading information and collusion with other companies. On November 15, 2019, the company was ordered to pay the state $472 million to abate the ongoing opioid epidemic in Oklahoma. This ruling is the first of its kind. Although the ruling is being appealed to the U.S. Supreme Court, it is a major victory for the state, the nation and everyone who has lost a loved one because of an opioid overdose or addiction. My hope is that this judgment provides some solace to the thousands of families who have tragically lost a loved one to an opioid overdose. It should also inspire a sense of optimism in those still struggling with an opioid addiction, because we remain committed to abating the crisis. We are compelling those responsible for the epidemic to pay and to bringing a brighter future for those suffering and for our state as a whole.
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COVID-19: THE IMPACT PANDEMIC LEGAL LANDSCAPE
of a
on the
Senior counsel at Cozen O’Connor in Seattle, Washington. Tom, and others in the firm, opened Cozen O’Connor’s first regional office in Seattle in January 1986. Seattle was the first epicenter of the Coronavirus outbreak. Tom and his wife Leslie are sheltering in place BY T HOMA S M. J ON ES ’76 in their cabin in the Methow Valley in northeastern Washington, 250 miles from Seattle.
& TERRI A . S UT TON
Member at Cozen O’Connor in Seattle, Washington. Terri is continuing to work from home in downtown Seattle.
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Maintaining justice under such circumstances is challenging for lawyers in Washington and across the United States. In March 2020, the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee released a statement that said, in part: “In light of the unprecedented risks associated with the novel Coronavirus, we urge all lawyers to liberally exercise every professional courtesy and/or discretionary authority vested in them to avoid placing parties, counsel, witnesses, judges or court personnel under undue or avoidable stresses or health risk... Any sharp practices that increase risk or which seek to take advantage of the current health crisis must be avoided in every instance.” The bedrock rule of civility in the legal practice should be maintained at all times, especially now when emerging litigation trends are rapidly occurring as a consequence of the COVID-19 pandemic. COVID-19 has upended markets, disrupted supply chains and forced quarantines. Hospitals, restaurants, daycare centers, nursing homes and hotels are expected to face claims that they did not take adequate steps to protect patients and customers. Other anticipated emerging litigation trends arising out of the COVID-19 pandemic are securities litigation, product liability litigation, business interruption litigation against insurers, patent litigation, employment-related litigation, wrongful death litigation, and a myriad of class actions. Lawsuits Seeking Damages for Contracting or Fear of Contracting Coronavirus It is no surprise that lawsuits are emerging that allege claims for bodily injury (or fear of bodily injury), arising out of claims of negligence, such as (1) failure to use reasonable care in guarding against the spread of the virus; or (2) failure to warn of the possibility of contracting or coming into contact with the virus. The first of such lawsuits, Weissberger v. Princess Cruise Lines Ltd.1, was filed March 9, 2020, in the United States District Court for the Central District of California, Los Angeles. To provide a timeline, the Diamond Princess, in Yokohama, Japan, ended a largely unsuccessful 14day quarantine on February 19, 2020, with more than 700 passengers testing positive for the COVID-19 virus. The Weissbergers were among the 3,000 passengers who boarded the Grand Princess in San Francisco on February 21, 2020. That same day, two passengers disembarked the Grand Princess from the previous voy-
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age with symptoms of COVID-19. Sixty-two passengers and most of the crew continued on the ship from the previous cruise. Upon boarding, each passenger was asked to fill out a short questionnaire that asked if they were feeling ill. On February 25, 2020, Princess notified passengers who had disembarked in San Francisco on February 21 that they had been potentially exposed to the virus, but Princess did not advise the passengers still on the ship. The Weissbergers claim they would not have boarded the cruise on February 21 had they known of the risk of exposure and that they would have disembarked in Honolulu on February 26 if they had been advised of the potential exposure on February 25 when the passengers from the previous voyage were advised. The Weissbergers, who so far have not contracted COVID-19, seek in excess of $1 million in damages for emotional distress and fear of imminent bodily harm. They allege causes of action of negligence and gross negligence related to the failure to screen passengers upon boarding, failure to warn of the possibility of exposure and the cruise line’s decision to continue the sailing. At least four other lawsuits have been filed on behalf of other passengers on the Diamond Princess. In the first known COVID-19 wrongful death lawsuit, Toney Evans v. the Special Administrator of the Estate of Wando Evans, deceased, filed in the Circuit Court of Cook County, Illinois,2 it is alleged that inadequate safety and cleanliness standards at an Illinois Walmart store caused a worker to become fatally infected by COVID-19. Another recent lawsuit is a putative class action filed against the People’s Republic of China3 and a host of other agencies within China. Alters v. People’s Republic of China, was filed March 13, 2020, in the Southern District of Florida on behalf of: (1) all persons and legal entities in the United States who have suffered injury, damage and loss related to the outbreak of COVID-19 virus; and (2) all persons and legal entities in the United States whose businesses have suffered injury, damage, and loss related to the outbreak of COVID-19 virus. The lawsuit alleges causes of action in negligence, negligent and intentional infliction of emotional distress, strict liability for conducting an “ultra-hazardous activity”—related to the laboratory in Wuhan—and public nuisance. Lawsuits Alleging Non-Disclosure of Risks of the Coronavirus on Company’s Financial Outlook Another emerging trend is lawsuits alleging: (1) claims for failure to disclose financial risks of the outbreak; and (2) claims related to actions or inactions taken in response to the coronavirus. It is not uncommon to see shareholders’ claims when businesses fail, and unfortunately, for some businesses, the virus and the mandatory closures related to it may be the tipping point in
1 C.D. Cal. Case No. 2:20-Cv-02267 2 Circuit Court of Cook County, Illinois, Case No. 2020L003938 3 S.D. Fla. Case No. 1:20-cv-21108-UU 4 S.D. Fla. Case No. 1:20-cv-21107 5 La. Dist. Ct., Orleans Parish, Case No. 2020-02558 6 Claire Wilkinson, N.Y. Introduces Bill on Pandemic-Related Business Interruption Claims, Business Insurance, March 30, 2020. Artwork on previous spread and current spread: Martí Sans
At the time of writing this article in spring 2020, Jurisdictions around the country have essentially suspended civil litigation, with closed courthouses and frozen statutes of limitation. The ABA has formed a Task Force on Legal Needs Arising Out of the 2020 COVID-19 Pandemic. The goal should be to work in concert with state bar committees and draft a set of model guidelines to allow for litigation to be conducted remotely.
sending these companies into financial insolvency or even bankruptcy. The first shareholder suit related to the coronavirus, Douglas v. Norwegian Cruise Lines,4 was filed March 13, 2020. Douglas alleges federal securities act violations on behalf of a putative class of “all persons who purchased or otherwise acquired Norwegian securities publicly traded on the New York Stock Exchange from February 20, 2020 to March 12, 2020.” The lawsuit alleges that Norwegian disseminated or approved false statements and failed to disclose material adverse facts in its public financial statements. Specifically, the lawsuit alleges that Norwegian failed to disclose material adverse effects of COVID-19 on bookings and the company’s future financial outlook and instead gave a positive outlook of the company and touted procedures it had implemented to protect passengers and crew from COVID-19.
On March 11, 2020, the Miami New Times reported that Norwegian directed sales staff to lie to customers and tell them: “[D]ue to the Coronavirus we have cancelled all of our Asia cruises on the Norwegian Spirit. This has caused a huge surge in demand for all of our other itineraries. I suggest we secure your reservation today to avoid you paying more tomorrow.” ... “The Coronavirus can only survive in cold temperatures, so the Caribbean is a fantastic choice for your next cruise.”
On March 11, 2020, the Miami New Times reported that Norwegian directed sales staff to lie to customers and tell them: “[D]ue to the Coronavirus we have cancelled all of our Asia cruises on the Norwegian Spirit. This has caused a huge surge in demand for all of our other itineraries. I suggest we secure your reservation today to avoid you paying more tomorrow.” “The Coronavirus can only survive in cold temperatures, so the Caribbean is a fantastic choice for your next cruise.” The Douglas lawsuit alleges the share price dropped by $5.47 on the day of the Miami New Times Report and seeks recovery of the shareholders’ financial losses. This is likely the first of many such lawsuits as the impact of the coronavirus is just starting to show in companies’ financials. Business Interruption and Civil Authority Claims Several lawsuits have been filed against insurance companies seeking to recover lost profits as a result of government-mandated closures. For example, Cajun Conti LLC, et al.5 v. Certain Underwriters at Lloyd’s London, et al., was filed March 16, 2020, in Louisiana District Court, Orleans Parish. The “Oceana Grill” Restaurant seeks
a declaration of coverage under its Lloyd’s Insurance Policy. This lawsuit was filed after the Louisiana Governor’s March 13, 2020, order banning gatherings of more than 250 people, and the New Orleans’ Mayor’s March 15, 2020, order requiring restaurants to cease operations at 9 p.m. daily and limit seating capacity to 50%. The Oceana Grill seeks to recover lost profits as a result of these orders under the “Civil Authority” provision in the policy. Oceana Grill argues that the civil authority shutdown of restaurants is due to “physical loss from Coronavirus contamination.” Several other, similar lawsuits have since followed.
Property insurance policies typically provide business income coverage only if there has been “direct physical loss” to insured premises, or, the insured premises are closed by order of civil authority as the result of “direct physical loss” to neighboring property. Whether coronavirus contamination constitutes “direct physical loss” is an issue that is hotly debated and will likely require a court ruling to decide the issue. In the meantime, there have been efforts by several states to require insurers to pay business interruption losses related to the coronavirus closures, irrespective of whether there is “direct physical loss” and irrespective of whether the policies contain “virus” exclusions.6 The bulk of the early insurance coverage lawsuits, for COVID-19 business interruption losses, have been brought by restaurants and bars. The restaurant industry employs more than 15.6 million Americans, making it the largest private sector employer in America. COVID-19 has changed our world. The practice of law in the time of COVID-19 needs resilient lawyers who can adapt to a changing legal environment.
LEGAL TRENDS
ANIMAL LAW AT OCU SCHOOL OF LAW
BY MARY WESTMAN ’ 15 O K LA HOM A AT TORNEY
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As I sit here writing this article for the In Brief OCU Law School Magazine, we are in the midst of the 2020 COVID-19 pandemic crisis. To me, while trying my best to practice social distancing, it is very clear how important animals — companion or otherwise — are to our emotional, physical, social and economic wellbeing. Even though we are being asked to practice social distancing from our friends and our families, we can and do take comfort in the animals many of us have in our lives.
Just yesterday, despite restrictions on visiting family and friends, I was able to go out to the stable and experience a sense of contentment and closeness with my horse, Clark. Seeming to understand I needed reassurance, Clark gave me a hug and snuggled close bending his neck and head around me. Breathing in his smell, feeling his love and presence as I groomed him gave me comfort and a feeling of peace. It is from this strong bond between humans and animals that the desire to preserve and protect has emerged. In fact, Hurricane Katrina, which saw devastating impacts on human lives and property, also caused the displacement or death of an estimated 250,000 dogs and cats, resulting in major new federal legislation designed not only to save human lives but also to protect the welfare of animals.1
“
Hurricane Katrina ... caused the displacement or death of an estimated 250,000 dogs and cats, resulting in major new federal legislation designed not only to save human lives but also to protect the welfare of animals.
”
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own at least 1 cat
own at least 1 dog
38% 25% .7% 2.8% American households 2
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own at least 2 birds
own at least 2 horses
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1 American Society for the Prevention of Cruelty to Animals, The Lessons in Hurricane Katrina’s Legacy, https://www.aspca.org/blog/lessons-hurricane-katrinas-legacy, March 23, 2020 2 American Veterinary Medical Association, U.S. pet ownership statistics, https://www.avma.org/resources-tools/reports-statistics/us-pet-ownership-statistics March 22, 2020 3 American Veterinary Medical Association, Where the (not-so) wild things are: AVMA releases data on top, bottom states for dog, cat and overall pet ownership, https://www.avma.org/news/press-release/where-not-so-wild-things-are-avma-releases-data-top-bottom-states-dog-cat-and March 22, 2020 4 United States Census Bureau, Census Bureau Statistics on Pets, https://www.census.gov/newsroom/press-releases/2017/cb17-tps30.html March 22, 2020 5 Joan Schaffner et al., Litigation Animal Law Disputes A Complete Guide for Lawyers 1 (2009) 6 Id. at 3
57% of all US households own a pet3
30,611
15,466
9,164
veterinary care establishments
pet care service (non-veterinary) establishments
pet and pet supply stores4
From a legal perspective, where there are significant dollars spent in the care and keep of animals, disputes will follow. Early high-profile cases have tested theories of liability and pet owner rights flowing from the loss of companion animals.5 Of course, animals are also an integral part of our society from other perspectives, including a source of food and clothing, the impact on the environment, commerce, and scientific testing, to name just a few. Each of these areas generates significant public policy debate and is responsible for many layers of governmental regulation. In reality, animal law is a fairly new concept that can touch most areas of major substantive law such as tort, contract, property, administrative, patent, tax, estate planning, family, criminal, immigration, international, environmental, animal rights, and insurance law.6 Oftentimes, animal law litigation is complex with issues that reach into many different bodies of the law. Understanding the importance of bringing this emerging practice area to its law school students, in early 2019, Oklahoma City University School of Law received funding from the Kirkpatrick Foundation and implemented a plan to introduce animal law to its legal education curriculum. The plan consisted of four distinct phases beginning with networking through the Capital City Connect series where students were able to meet with local practicing animal law attorneys. The second phase consisted of a one credit, week-long class held in August 2019, where students received an introduction to a variety of animal law related topics. The third phase of the plan provided law students the opportunity to attend the annual Animal Law Conference hosted by Lewis & Clark Law School and the Animal Legal Defense Fund, which was held in Portland, Oregon in October 2019. The plan culminated with its fourth phase, a full day Animal Law Symposium held at OCU Law School on March 6, 2020. The response to the four-phased plan for introducing animal law to OCU School of Law has been very positive, and there is a strong desire to see the program grow. Plans for a full semester animal law class are currently in progress. This article does not constitute legal advice and is intended to be used for educational purposes only. About the Author: Mary Westman is an Oklahoma attorney with an MBA, a Morgan horse breeder and a registered nurse. A native of West Virginia, she now lives with her husband, David, in Norman, Oklahoma.
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HIDING THE TRUTH MEANS INJUSTICE FOR ALL
BY NI CO L E SNA P P - H O L LOWAY ’ 1 5 S E N I O R A S S O C I ATE at M A PLE S, N I X & DI E S S E LH O R ST GR E TC H E N C A R LS O N 'S A RTI C LE PR I N TE D with the E X PR E S S PE R M I S S I O N of GR E TC H E N C A R LS O N
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Transparency is the measure of integrity, and our judicial system is nothing without integrity. A colleague came to me one day asking for an example of a non-disclosure agreement because a male friend was interested in filing a patent for something and was concerned about discussions with potential investors. It was a simple request and didn’t set off any alarms at the time. But eventually, the question came: why did an NDA seem fine in that scenario, but the same tool was openly nefarious in a context like Gretchen Carlson’s case? The conclusion was almost too simple: There is nothing inherently evil about an NDA itself. As with most things, it’s the party using the tool, and
that party’s goal, that can turn something like an NDA into a weapon. A non-disclosure agreement to protect trade secrets has value and purpose; a non-disclosure agreement that hides decades of sexual harassment and assault is a dangerous weapon. But in the end, they are still two versions of the same tool. So, can we parse the user from the use? Can we keep the benefits of these tools but weed out the brutal effect they have in hiding the truth? This is the question we’re left with in light of Gretchen Carlson’s situation and many other similar cases that have come to light during the #MeToo era. Is it possible to craft a non-disclosure agreement that protects employers while not protecting serial predators like Harvey Weinstein?
Artwork on opposite page: Laura Stolfi. Gretchen Carlson photograph: WENN Rights Ltd / Alamy Stock Photo
GRETCHEN CARLSON: FOX NEWS, I WANT MY VOICE BACK When my retaliation and sexual harassment complaint against Roger Ailes, the former Fox News chairman and C.E.O., went public in 2016, there were no #MeToo or Times Up movements to help rally support for my cause.
News. At the time, I just wanted to bring closure to an ugly chapter in my life; I thought it would, at the most, lead to a week of press attention – not spawn a mini-series and a movie and become part of a global rallying cry.
“Winning” my complaint and a nondisclosure agreement meant I was, essentially, forced into silence. NDAs were originally designed to safeguard the sharing of proprietary corporate information (think the In the years that followed, more formula for Coca-Cola), not to women have found the courage to protect predatory behavior. Although come forward, calling out Bill O’Reilly, NDAs usually prohibit employers Matt Lauer, Charlie Rose, Harvey from disparaging victims, whisper Weinstein, and other powerful men campaigns often follow women for Gretchen Carlson, former Fox News anchor accused of abusing their power. When years. As I document in my book “Be I sued, I could have never known that Fierce,” the vast majority of survivors my story and the stories of other women at Fox would never work in their chosen professions again. American turn into both a television mini-series and a film, and, industry has lost many talented women to harassment more important, that I would be prohibited from speakwhile allowing predators to continue climbing the ing about these projects. professional ladder (where they have the potential to victimize even more women). Three years ago, receiving a public apology from 21st Century Fox and retaining the right to speak about harassment generally felt like big wins. And they were. But had I known my complaint would help ignite such profound cultural shift and that I would be depicted onscreen, I would have also fought against signing the nondisclosure agreement, or NDA, that prevented me from discussing my experiences while working at Fox
There are those who say to victims, “You took money in exchange for staying quiet, so what’s the problem?” and “If you want to talk, give your settlement money back.” These sentiments miss the point and perpetuate the lie that victims benefit from being sexually harassed. First of all, buying silence instead of stopping harassment is immoral and unjust. Next, the settlements are made
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Photographers of opposite page clockwise from left: Held Accountable: Michelle Ding, Fundamental Rights: Lucia Dong, Not Be Silenced: Michelle Ding, Crowd: Vlad Tchompalov. This page: Tiny Hands: Chris Boese.
not just in exchange for secrecy, but to make up for your lost wages, because once you find the courage to come forward, your “reward” is often that you’ve lost your job (and potentially your career). And lastly, NDAs foster a culture that gives predators cover to commit the same crimes again. Ironically, while most of the real women involved in the Fox News scandals remain muzzled by NDAs, two high-profile Hollywood projects (Showtime’s limited series “The Loudest Voice” and Lionsgate’s feature
“Bombshell”) can freely tell stories without our participation. While projects like these will certainly inspire more women to come forward, and while it is certainly flattering (and surreal) to be depicted by such remarkable, empathetic actors as Naomi Watts and Nicole Kidman, my experience is yet another example of why the laws governing NDAs must change. In practical terms, my NDA means I am legally prohibited from discussing – in public and in private – what happened to me. It means I cannot consult with filmmakers, writers, journalists, or anyone else telling my story – whether it’s about the depiction of me, my family, or the events themselves – nor can I comment on the accuracy of a final product. I don’t know precisely what Fox would do if I violated the agreement, but presumably they’d take legal and financial actions. It’s a strange and frustrating reality. Prohibited from telling my story for three years, I’ve focused on helping other women tell theirs through “Be Fierce” and my Lifetime documentary “Breaking the Silence.” I’ve worked with members of Congress to introduce the Ending Forced Arbitration of Sexual Harassment Act, a bill that has achieved bipartisan support from leaders including Senators Lindsey Graham and Kristen Gillibrand. When two leaders so ideologically different are on the same page about forced arbitration, it says something. Harassment in the workplace is apolitical. I want my voice back. I want it back for me, and for all those silenced by forced arbitration and NDAs. There is positive movement in this direction. NBC recently announced that it would release former employees from their NDAs in harassment cases, and California outlawed forced arbitration as a condition of employment. Former Fox News contributor Julie Roginsky and I launched a new nonprofit organization called Lift Our Voices to advocate an end to the harmful practice of mandatory NDAs, confidentiality provisions and forced arbitration clauses that have prevented employees from publicly discussing and disclosing toxic workplace conditions, including sexual harassment and assault. This is the next phase of the #MeToo movement, and it is one that needs to gain traction if we truly want to change the culture for better. Today I call on Fox News to release me, and all employees forced to sign NDAs as a condition of harassment settlements, from these agreements immediately. None of us expected or wanted a workplace dispute – we were simply the ones who had the ability and the courage to speak up, and for that, we have lost our jobs. We have a right to say what is factually correct or incorrect about what happened. We have a right to our voices and our truths. I urge executives at Fox to do what’s right and take this step today. For the sake of all women, in every workplace. That would be the biggest bombshell of all. For more information, visit www.liftourvoices.com.
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WATCHMEN FOR TRUTH
BY MARC J. BL ITZ ALA N JO SEPH B ENNET T PR OFE SSO R of LAW
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For most of the late twentieth and early twenty-first century, video and audio recordings have often provided us with records of external events we could rely upon even when we could rely upon little else. This is not true of others’ words. The account that a speaker gives about past events might not only be a lie but could be a complete fabrication: they might make themselves the hero in a battle in which they never fought or vividly describe an encounter they never had (perhaps putting themselves in a location they never visited). Video and audio recordings are also subject to editing or other manipulation – but there have been limits on how much we can reshape them. We might edit the records of light and sound they capture, but we have generally not been able to create these records from scratch.
Until now.
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Deepfake video and audio footage looks and sounds respectively like the recording captured by cameras or microphones. But as its name suggests, it is actually a forgery: It is not a record of events captured from the external world, but rather a fake version of such a record generated by computers, using a method of artificial intelligence known as “deep learning” (which is why this fake video or audio is called a “deepfake”).
stituted perjury, defamed another person, furthered fraud, or generated some other harm to another person. But when it deceives a listener without generating such harm then, said the Justices, the First Amendment shields it against government restriction. “The remedy for speech that is false,” said Justice Kennedy’s plurality opinion, “is speech that is true” — not government restriction. Alvarez, 567 U.S. at 727.
In a deepfake, one could make United States presidents give speeches they never gave. Indeed, Artificial Intelligence experts have demonstrated this capacity by fabricating video of President Obama describing deepfake technology and of President Nixon giving a speech gravely announcing the failure of the 1969 Apollo mission to the moon. (The real Apollo mission, of course, was a success). Government officials, journalists, and scholars have warned that deepfakes could allow wrongdoers to sow panic by disseminating vividly realistic footage of terrorist attacks, missile strikes, or riots that never occurred. The technology might allow them to embarrass and defame others by depicting them saying things they never said or doing things they never did.
One might argue the same First Amendment rules should apply when the lie is visual rather than verbal – when it is generated by presenting a deepfake video or audio rather than a person’s words. After all, there is little doubt in modern society; video is a mode of expression. Individuals express themselves by posting video clips across social media channels. Journalists use video to convey information to their viewers. One might argue that when people tell stories with video, they should be as protected by the First Amendment’s free speech guarantees as they are when they tell stories with words – even given the risk that they will use editing tricks and now, deepfake technology, to present false stories as true.
“The remedy for speech that is false,” said Justice Kennedy’s plurality opinion, “is speech that is true” — not government restriction.
Might the law – consistent with the First Amendment – place restrictions on individuals’ use of deepfakes to create a false picture of the world? This is a question I have been addressing in recent and current scholarship. One might think we already have an answer from the Supreme Court. In 2012, in United States v. Alvarez, the Court held that even intentional and verifiably false statements of fact are protected by the First Amendment: Xavier Alvarez had falsely claimed to have won a Congressional Medal of Honor. He was then convicted of violating the federal Stolen Valor Act, which made it a crime “for a person to falsely represen[t] himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States.” 18 U.S.C.A. § 704(b); United States v. Alvarez, 567 U.S. 709, 719 (2012) (plurality opinion). The Court, however, held that even lies were protected by the First Amendment – except when they imposed some harm that went beyond simply conveying false information to a listener. False information could be subjected to legal liability when it con-
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But, in my current scholarship, I suggest that the First Amendment status of deepfakes is more complicated. There is no doubt that much sharing of video footage is First Amendment expression and should receive constitutional protection. But there are at least three reasons that the First Amendment rules applying to deepfakes might be different from those applying to lies.
First, some videos seem less expressive than others: Security camera footage, for example, is in most circumstances not intuitively expressive: Property-owners set up cameras to record such footage not to convey ideas or information to others but to capture evidence of possible threats. So when a deepfake emulates that kind of video footage, it is not clear it should count as First Amendment speech. Second, even if Justice Kennedy was correct to argue in Alvarez that “[t]he remedy for speech that is false is speech that is true,” it is not clear that true video and audio can be a remedy for fake video and audio. As the Fourth Circuit said in a case similar to Alvarez, in which a defendant was convicted for wearing military medals and insignia he hadn’t earned, “[a]lthough speech
None of this is to say that deepfake video or audio – let alone genuine video and audio recordings – should simply be excluded from the scope of the First Amendment’s free speech protection. In instances where it is used for art, storytelling, and the expression of political opinion, courts will have to think carefully about how this medium continues to receive First Amendment protection. Additionally, they will have to leave the government some leeway to assure audiences still have protection against deceptions they would otherwise be powerless to evaluate effectively.
may effectively counter [] matters that a person hears, speech may not effectively counter that which a person sees.”(United States v. Hamilton, 699 F.3d 356, 373 (4th Cir. 2012). Third, even if viewers can begin to bring the same skepticism to video and audio footage that they bring to others’ statements, that doesn’t necessarily mean they should have to do so: Government has not been stopped by the First Amendment from protecting the integrity of its own records against actions individuals take to forge, alter, or destroy such records. Perhaps we should be able to recruit the aid of the law in protecting the integrity of records created and shared by private parties, including records taking the form of video or audio recordings. Some proposed laws, for example, have mandated those who share deepfake videos disclose the fake nature of the video. See, e.g., The Deepfakes Accountability Act, introduced in the House of Representatives. (H.R.3230 Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2019, at https://www.congress. gov/bill/116th-congress/house-bill/323).
In 1945, Justice Jackson wrote that “every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us.” Thomas v. Collins, 323 U.S. 516, 545 (1945) (Jackson, J., concurring). While government cannot be trusted to be the arbiter of what is true or false, we might nonetheless need it to assure that we remain able to serve as our own “watchmen for truth,” even as technological change makes it more challenging.
LEGAL WORD SEARCH Y B N O I T A R T I B R A T
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Amicus Curiae Arbitration Bifurcation Burden of Proof Certiorari Deed De Facto Defamation Defendant De Jure Deposition Habeas Corpus Immunity Intestate Malfeasance Plaintiff Pro se Subpoena Tort Voir Dire
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LEGAL TRENDS
UNDERGRADUATE MAJORS Art / Design As an aspiring lawyer, your undergraduate years prepare you for acceptance into law school. The American Bar Association does not endorse a specific major, and people from all different backgrounds apply to law school. The best lawyers and law school students are those who have a variety of skills, which are tested in various majors. Taking a range of difficult courses from demanding instructors is excellent preparation for legal education. A sound legal education will build upon and further refine the skills, values and knowledge that you already possess. Popular pre-law majors include philosophy, political science, history, and English. OCU Law has a diverse student body. The most common undergraduate majors are Criminal Justice, Legal Studies, Criminology, Political Science, English, Humanities, Psychology, Sociology, Business Management, and Economics. We surveyed the last five entering classes and some of the most interesting and unusual majors are as follows.
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Tessa Clinton | Class of 2022 Oklahoma State University
Performing Arts / Opera Performance Dustin Peterson | Class of 2021 University of Oklahoma
Music Randall Polk | Class of 2022 University of Oklahoma
Strategic Communications
Chemistry
Kelsey McLaughlin | Class of 2021
Adrienne Martinez | Class of 2019
University of North Texas
University of Central Oklahoma
Visual Arts / Graphics
Chemical Engineering
Joseph Griffin | Class of 2018
Katherine Crowley | Class of 2022
University of Maryland, Baltimore County
University of Oklahoma
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Geography
Homeland Security
Matthew Dunn | Class of 2022
Taylor Rimer | Class of 2022
Oklahoma State University
Eastern Kentucky University
Geology / Earth Sciences
Entomology
Davis Drew | Class of 2022
Elizabeth Houston | Class of 2021
Oklahoma State University
Oklahoma State University
Microbiology, Cell and Molecular Biology / Philosophy
Zoology Zachary Yarborough | Class of 2021
Ashtyn Anders | Class of 2020
Oklahoma State University
Oklahoma State University
Bio / Biomedical
Agribusiness
Regina Servin | Class of 2022
Carli Liddell | Class of 2020
The University of Texas, El Paso
Oklahoma State University
Anthropology
Nursing Danielle Layden | Class of 2022
Laura Holt | Class of 2021
University of Oklahoma Health Science Center
University of Oklahoma Health Science Center
Speech Pathology / Audiology
German
Emma Kincade | Class of 2021
Eric Holey | Class of 2018
Oklahoma State University
University of Texas, Austin
Forensic Science
Russian
William Council | Class of 2021
Franchesca Alexander | Class of 2022
University of Central Oklahoma
Oklahoma State University
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ALUMNI NEWS
Q&A NABEEL A. AL-MANSOUR ’99 Senior Vice President & General Counsel
Please describe your path to the United States and Oklahoma City University School of Law. Let me first provide a brief history of the company that I work for. Saudi Aramco, formerly called the Arabian American Oil Company, was founded in 1933 by Standard Oil of California (SOC). SOC later became ChevronTexaco, which then became Chevron. In 1948, ExxonMobil’s predecessors joined SOC as shareholders in Aramco. In 1988, Aramco was renamed Saudi Aramco following the Saudi government’s acquisition of the company from its U.S. shareholders. Saudi Aramco employs around 70,000 workers and is represented around the world through a large group of subsidiaries; in Houston, New York, Boston and Detroit. These subsidiaries source goods and services for us from the U.S., conduct R&D activities, identify best practices and technology partners, and recruit from the U.S. market. In addition, Motiva Enterprise, an Ar-
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amco subsidiary, owns and operates the largest oil refinery in the U.S., located in Port Arthur, Texas. Motiva has around 2,700 employees. I joined Saudi Aramco in 1990 after earning a bachelor’s degree in systems engineering from King Fahd University of Petroleum and Minerals. Following my participation in Saudi Aramco’s Information Technology Professional Development Program and assignments with various departments in Engineering Services, I was selected in 1996 for the company’s U.S. Law Degree Program, through which I earned my JD degree from Oklahoma City University. Following the successful completion of the bar examination and working for a leading U.S. law firm in New York, I returned to Saudi Arabia in 2000 and joined the Saudi Aramco legal organization. Because the U.S. legal system (including legal education and licensing) is the best and most advanced in the
world, Saudi Aramco has sponsored dozens of students to pursue their JDs and law practice licenses from the United States.
What are your fondest memories of Oklahoma and studying at the law school? Who were your favorite professors? I did indeed have a memorable time at OCU Law School. Oklahoma City was a calm and comfortable place and very suitable for a law student (recognizing that attending law school is a demanding and time-consuming undertaking). What I specifically remember is how friendly and welcoming the people were and the strong friendships that I developed. The fact that I have progressed through the leadership ladder of Saudi Aramco to become the General Counsel is a testament to the quality of legal education I received from OCU Law. The OCU Law professors with whom I had significant interaction were Dean Emeritus & Professor Lawrence Hellman, Professor Dan Morgan, Professor Greg Eddington, Professor Eric Laity and Professor Arthur LeFrancois.
Please describe your role with Saudi Aramco and how your career has progressed within the organization.
venture companies established by Saudi Aramco and various IOCs. In 2011, I was promoted to the position of Associate General Counsel where I championed a multiyear strategic change program for Saudi Aramco’s legal organization, which led to it being transformed from a small and flat in-house group to a best-in-class international legal department. I was also responsible for overseeing multiple legal practice areas such as litigation, international trade, and project development and finance. In 2014, I took a brief detour into the business side when I was appointed Vice President of the Saudi Aramco Procurement and Supply Chain Management Organization, which was responsible for overseeing the corporate supply chain, contracting activities, and Saudi Aramco’s global materials logistics operations.
I championed a multiyear strategic change program ... which led to it being transformed ... to a best-in-class international legal department.
Since joining the Saudi Aramco in-house legal organization 20 years ago, I have held a variety of positions both in the legal organization and the business units. My initial responsibilities in the legal organization included providing legal advice in connection with general corporate matters such as corporate law, commercial contracts and potential claims. Subsequently, my responsibilities quickly grew in scope and complexity to include participating in dispute settlement boards, leading a number of legal teams and providing substantial legal advice in connection with multibillion-dollar oil and gas concessions and other investment agreements. This included negotiating with various International Oil Companies (IOCs) for significant investments in Saudi Arabia’s non-associated gas sector; leading the Saudi Aramco legal team that supported the development of Sadara Chemicals — one of the world’s largest international joint ventures between Saudi Aramco and the Dow Chemical Company — and serving as the corporate secretary to a number of joint
In 2015, I was appointed as the Deputy General Counsel, and in 2017, I was made Senior Vice President, General Counsel and Corporate Secretary. In my current job, I am responsible for managing all legal and contractual affairs of Saudi Aramco including oversight of the enterprise’s 250-employee global legal organization. I also provide a broad spectrum of legal support to the President & CEO and the Saudi Aramco management team, and supervise the legal leadership team.
As mentioned above, the outstanding legal education I received from OCU Law enabled me to gain the professional respect of company management and facilitated my progression up the company’s leadership ladder of the company to become the General Counsel.
Many governmental agencies and industry experts note that renewables – wind, solar and hydro – will supply an increasing share of energy to meet global demand for power. Energy use and economic growth correlate closely. As one of the largest producers of hydrocarbon fuels, is Saudi Aramco taking steps to address this shift? Or is this projection of a shift from fossil fuels a perception that has little probability of becoming reality? Saudi Aramco’s climate change strategy aims to grow its business sustainably by leveraging technology and
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innovation to lower its climate impact. In that regard, the company intends to maintain its position as a leader in Scope 1 upstream carbon intensity, with one of the lowest carbon footprints per unit of hydrocarbons produced.
The public offering of a company’s shares is a shareholder decision. In our case, the Government of the Kingdom of Saudi Arabia was the sole shareholder of Saudi Aramco. The Saudi Aramco IPO is the flagship privatization initiative under Saudi Arabia’s Vision 2030, the Kingdom’s blueprint to transform and diversify its economy by 2030.
We also recognize that renewable energy sources have grown considerably in the last decade and are playing an increasingly prominent role in power generation. The IPO (the biggest stock market flotation in the This continuing uptake is due to a dramatic decrease in world’s history) has been a major success for both the costs both for wind and solar, notably making the latter country and the company. We witnessed highly positive one of the cheapest sources of power generation, also engagement from a large number of investors, where as a result of concerted focus the IPO attracted over 5.1 milby energy producers to imlion retail investors and over prove their carbon intensity. 2,700 local and international It is expected that renewables institutional investors. The for power generation will conIPO was well over-subscribed, tinue to grow at a rapid pace at 6.2 times, including large NABEEL A. AL-MANSOUR in the years ahead. The detickets from a number of invelopment of renewables is ternational institutional inexcellent news for the world, vestors. The IPO also moved as it provides clean, economthe Saudi Stock exchange .. was named the Senior Vice President, ical and sustainable sources into the top ten markets globGeneral Counsel and Secretary of Saudi of energy that are geographially, by market capitalization. Aramco on May 1, 2017. He previously was cally distributed in a number The success of this IPO is anappointed the company’s General Counsel of developing countries. Howother step in supporting the and Corporate Secretary on May 1, 2016. ever, there remain some limformation of an advanced itations, most notably the inSaudi capital market under termittency of wind and solar, the financial sector develop... began his career with Saudi Aramco in 1988 which means they need to be ment program, one of the varas a participant in the College Degree Program complemented by other more ious programs of Vision 2030. for Non-Employees, earning a bachelor’s reliable energy sources if the The offering also demondegree in systems engineering from King Fahd lights are to be kept on, so to strates superior characterspeak. In many cases, natural University of Petroleum and Minerals in 1990. istics of the company. Saudi gas is the best candidate to be Aramco has higher operatused alongside renewables, in ing cash flow, Free Cash Flow, terms of reliability, cost and ... participated in several professional EBIT, EBITDA and ROACE sustainability. Various enerand leadership development programs, than each of the Five Major gy storage options, such as including the “President’s Leadership IOCs. We have lower gearing battery storage, are being Challenge” and programs at the University than each of the Five Major developed to address the inIOCs. These strengths, comof Oxford and Harvard University. termittency, but for the forebined with our people’s inseeable future, they remain genuity, enable us to execute uneconomical and insufficient some of the world’s largest in scale. upstream and downstream Saudi Aramco is the world’s capital projects – attributes leading supplier of energy to the world. Quite naturalthat investors recognize and value. ly, we are interested in the potential for renewables. For Please talk about your role in the initial public ofexample, everyone knows of Saudi Arabia for its large fering and the process of taking the corporation oil resources, but what is less well-known is the signifpublic. icant potential for both solar and wind energy in the Kingdom. The company is currently evaluating its opTaking the world’s largest integrated oil and gas comtions to enter this space, both in its domestic market pany through the biggest stock market flotation in the and internationally. world’s history was an extensive undertaking over the
Saudi Aramco recently went public. What prompted the desire for the initial public offering? Has the IPO been a success and accomplished what it was intended to do?
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course of several years. Fortunately, and from its inception, Saudi Aramco’s governance reporting and internal controls were built on very solid foundations that have benefited from regular reviews, enhance-
including requirements to publicly issue financial statements and other reports.
ments and benchmarking against be-st practices in the world. Let’s not forget that Saudi Aramco was founded by the world’s top U.S. IOCs and their DNA, robust governance and operational practices ha-ve been followed by Saudi Aramco up to the present day. That said, taking the company public still required that we take certain steps to meet the capital market requirements and execute the transaction. The key legal “workstreams” which were undertaken during the IPO process included: (1) legal assessment of potential listing venues, (2) converting the corporate form of Saudi Aramco to a joint stock company, (3) supporting the negotiations of the amendment and restatement of the historic oil & gas concession agreement between the government and Saudi Aramco, (4) amending the constitutive documents of the company, (5) amending certain corporate governance-related documents such as board committee charters, (6) amending certain compliance-related practices to operate as a public company, (7) supporting the development of the offering structure for retail and institutional investors, (8) supporting the development of company valuation, (9) supporting the various due diligence tracks, and (10) drafting the offering prospectus and listing application documentation. A sizeable legal team was formed to perform these activities. I spent several years directly overseeing the legal teams attending to these workstreams and advising the CEO on associated legal risks and potential mitigants.
As a public corporation, Saudi Aramco is subject to many more transparency and disclosure requirements, as well as financial reporting requirements imposed on those entities for the benefit of shareholders. Has the fact that Saudi Aramco is publicly listed changed your function or legal duties in any material way? As mentioned above, Saudi Aramco’s reporting and governance practices are very robust and generally in line with capital markets’ requirements and regulators’ expectations. However, it was a privately held company owned by a single shareholder. Following the IPO, the company has become subject to a new set of laws and regulations that it had to comply with,
During the IPO preparation process, Saudi Aramco established a number of new functions to comply with the additional requirements. These new functions included sizeable external reporting and investor relations departments. I formed a new practice area within the legal organization which exclusively focuses on securities practice. This has been staffed with experts in the field, providing legal advice to the company’s finance and external reporting departments to comply with the disclosure and reporting requirements. Therefore, the fact that Saudi Aramco has gone public has indeed changed my function and expanded my legal duties, but I was proactive in anticipating and responding to the additional duties.
OCU Law has some very talented students who have an interest in the energy sector. Many argue that we are moving past the age of hydrocarbons, and a career focused on those will not be as rewarding as other areas of practice. Do you have any advice for the students with regard to how, or if, to pursue a career in the energy sector? I encourage my fellow OCU Law graduates and students to consider pursuing careers in the hydrocarbons industry. Almost all of the legal skills they will gain and apply while practicing law in the hydrocarbons sector are applicable to many other industries, such as renewable energy, the chemicals industry and the construction sector. The in-house legal function of an oil & gas company or the energy practice in a law firm typically handles a variety of legal tasks that fall under the classic legal specialties, including litigation, contracts, torts, corporate law and securities practice. A case in point is the legal organization I currently lead. Eighty percent of Saudi Aramco’s in-house attorneys are expatriates from the U.S. who were hired laterally from leading U.S. law firms and corporations. Most of these lateral hires were attracted from outside the hydrocarbons industry. These attorneys have years of experience in fields like contracts, intellectual property, M&A and financing and came from other industries like construction, manufacturing, banking and others.
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2019 to 2020
CLASS NOTES
1970s The family of retired Army Colonel Rick Rescorla ’75, a Vietnam veteran who is credited for saving thousands of lives during the 9/11 terror attacks, received a posthumous Presidential Citizens Medal from President Donald Trump in November 2019. Robert Ravitz ’76, an Oklahoma County public defender since 1987, was named to the state’s RESTORE task force by Oklahoma Governor Stitt to present ways to reduce the state’s incarceration rate to the state legislature. Doug Combs ’76, associate justice of the Oklahoma Supreme Court, was inducted into the Shawnee Basketball Hall of Fame in January. He was named the Most Valuable Player for the Shawnee Wolves in 1969 and attended St. Gregory’s Junior College on a basketball and golf scholarship before attending OCU Law. Elizabeth A. Hayden ’79, was appointed by Cardinal Daniel DiNardo to serve on the U.S. Conference of Catholic Bishop’s national review board for the Protection of Children and Young People committee. Hayden is a
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retired district court judge for Minnesota. Andrew K. Benton ’79, President Emeritus of Pepperdine University, was appointed to the board of directors for Ensysce Biosciences Inc., a clinical phase company working on solutions for severe pain relief to reduce addiction, opioid misuse, abuse and overdose.
1980s Claudia Conner ’81, is the new City Attorney of Bethany, Oklahoma. Sheila Elizabeth Fleetwood Hoen ’81, received the Albert Nelson Marquis Lifetime Achievement Award from Marquis Who's Who in the fields of law and art. Janie Simms Hipp ’84, citizen of the Chickasaw Nation and president and CEO of the Native American Agriculture Fund and founding director of the Indigenous Food and Agriculture Initiative at the University of Arkansas, was a guest speaker at the Wisdom of Indigenous Foodways summit in Scottsdale, Arizona, in January. She’s also served as national program leader for Farm Financial Management, Trade Adjustment Assistance, Risk Management Education, and the Beginning Farmer
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and Rancher Development programs at the U.S. Department of Agriculture National Institute for Food and Agriculture. Jan Millington ’85, was promoted to deputy city attorney for Springfield, Missouri. She has been with the City of Springfield since 2007, focusing primarily on environmental issues with the departments of Public Works and Environmental Services. Tony Mastin ’86, joined the Tax and Family Wealth Group at McAfee & Taft following his retirement from the Oklahoma Tax Commission after 35 years of service, including 12 years in which he served as executive director. Jeffery White ’86, a lawyer at the R. Paul Elliott, Attorney at Law, P.C. firm in Texas, was recognized by Marquis Who’s Who Top Lawyers for dedication, achievements, and leadership in the field of family, real estate, willstrusts, and probate law. Paul M. Doolittle ’87, of Jacksonville, Florida, now mediates Longshore and Defense Base Act cases throughout the U.S. on a fulltime basis.
1990s Gilbert K. Squires ’93, received a certificate of recognition from the City of Miami Beach for his “leadership and dedication” to the Dade County Bar Association. Monty L. Cain's ’94, law firm was included in a list of personal injury lawyers serving Oklahoma City on the Respected Lawyers website.
Judge Ron Griffin ’99, received a 2020 Heritage of Odessa (Texas) Community Statesman Award, which recognizes outstanding Odessans in the community.
2000s Dawn Elizabeth Baardsen ’04, was sworn in as a Texas state judge in July 2019. Jeff Hargrave ’04, (Muscogee Creek/Choctaw) was named treasurer of the Red Earth, Inc. Representative Jon Echols ’05, was named to the state’s RESTORE task force by Oklahoma Governor Stitt to present ways to reduce the state’s incarceration rate to the governor and the state legislature. Former Lieutenant Governor Todd Lamb ’05, joined KFOR’s “Flash Point”, a political discussion show, in June 2019, replacing Kirk Humphreys. Jonathan Barrett ’06, reunited with his high school band The Rock Project to play a benefit show with his bandmember who was recently diagnosed with Parkinson’s. The proceeds from the show in Mississippi went to the Michael J. Fox Foundation Parkinson's research effort. Matt Davis ’06, was a finalist for the position of Fort Smith City Prosecutor. Trae Gray ’06, founded LandownerFirm PLLC, which was named to the 2020 Best Law Firms in America list by U.S. News & World Report — Best
Lawyers list in January. Heather Panick ’07, joined the Koley Jessen law firm in Omaha, Nebraska, in January. Collin Walke ’08, State Representative for District 87 and founder of Select Legal Services, L.L.C., was listed in the 2019 Journal Record Achievers Under 40. Walke also was named to the Oklahoma Gazette's Forty Under 40 Class of 2019 list. Melanie K. Dittrich ’09, was named to the Oklahoma Gazette's Forty Under 40 Class of 2019 list. David Holt ’09, was named one of the 50 Most Powerful Oklahomans by the OKC Friday newspaper, moving from #7 in 2018 to #6 in 2019.
2010s Erin Kirksey ’10, was appointed Associate District Court Judge for Woodward County by Oklahoma Governor Kevin Stitt. Tynia A. Watson ’11, has been named a director in Crowe & Dunlevy’s Oklahoma City office. Watson represents clients as part of Crowe & Dunlevy’s cannabis industry, intellectual property, litigation and trial and energy, environment and natural resources practice groups.
leading mergers and acquisitions advisor for privately held, middle market businesses. Brandon Cooper ’12, is opening a new law practice in Cape Girardeau, Missouri. Isai Molina ’12, was elected a shareholder of McAfee & Taft. Molina is a transactional lawyer whose practice encompasses a broad range of commercial and business matters, including real estate, mergers and acquisitions, divestitures, financing of transactions, commercial lending, business contracts and corporate governance and compliance matters. John Nalley ’12, recently joined the Colorado Springs office of Cordell & Cordell as a litigation attorney. Celeste J. England ’12, was named to the 2019 Oklahoma Gazette's Forty Under 40 Class.
a member of the firm's Bankruptcy & Creditor's Rights, Corporate & Securities and Litigation & Trial Practice Groups. Robert E. Stevens ’19, joined the McAfee & Taft law firm’s Intellectual Property Group. Katie Colclazier ’19, joined the Hartzog Conger Cason law firm in Oklahoma City. José D. Cruz ’19, joined the Foshee & Yaffe law firm. Larry Grizzle ’19, is a new associate at the Elias, Books, Brown & Nelson PC law firm. Katelyn M. King ’19, joined McAfee & Taft as a trial lawyer. Khaki A. Scrivner ’19, joined Crowe & Dunlevy as a member of the firm’s Corporate & Securities and Real Estate Practice Groups.
Tim Gallegly ’13, was named to the 2019 Journal Record Achievers Under 40 list.
Karina Loya ’19, joined Bergquist Law Firm in Dallas, practicing civil litigation.
Jordan Haygood ’13, was sworn in to serve a one-year term as the Oklahoma Bar Association’s Young Lawyers Division chairperson.
Miscellaneous:
Law McMeans ’15, recently opened his own practice in Ada, Oklahoma.
Chelsea Celsor Smith ’11, joined Of Counsel for the Hall Estill’s Oklahoma City office.
Kristin D. Meloni ’15, was named to the Oklahoma Gazette's Forty Under 40 Class of 2019 list.
Andrew Byrd ’12, is leading the new Kansas City, Missouri, office for Generational Group, a
Seth Sloan ’15, recently joined Crowe & Dunlevy as an associate in the firm’s Dallas office as
A special supplement in The Oklahoman titled "Outlook 2020: 21st Century Women" featured several members of the OCU Law community including Rev. Lori Walke ’09, Mayflower Church pastor; Oklahoma Innocence Project Executive Director Vicki Behenna ’84; Oklahoma County Judge Cindy H. Truong ’01, District Judge Natalie Mai ’09, and District Judge Amy Palumbo ’03.
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In Memoriam Kenneth A. Nash ’56 of Oklahoma City John A. Philbin ’61 of Nichols Hills John “Ed” Ivester ’65 of Tulsa Judge James H. Paddleford ’67 of Oklahoma City James Patrick Kelley ’70 of Oklahoma City George H. Williams ’74 of Coronado, California Linda M. Harris ’79 of Oklahoma City John Curtis Branch ’80 of Oklahoma City Elizabeth Johnston Hickerson ’80 of Anchorage, Alaska Walter R. Gaidaroff ’81 of Oklahoma City Eric G. Melders ’82 of Oklahoma City Robert Nicholas Naifeh Jr. ’83 of Norman Randy Patrick Conner ’87 of Oklahoma City Donald Crosby Fuller ’90 of Bethany Kellye Bates ’94 of Oklahoma City Richard Olderbak ’97 of Edmond John Ryan Pevehouse ’04 of Norman Lucas “Luke” Stapleton ’12 of Norman David Colin Buckles ’14 of Norman
Please email your news to lawnews@okcu.edu with “Class Note” in the subject line. Be sure to include your graduation year. We welcome photos (high resolution) but due to space cannot guarantee publication.
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Join. Connect. Engage. The alumni community plays a vital role in the future of our alma mater. The OCU Law Alumni Association offers opportunities to amplify your involvement and is the ideal space to rediscover and nurture your ties to the law school and choose how you want to give back. Members of the Alumni Association provide classroom support to faculty and students by responding to requests for speakers and panelists, and social events provide a fun environment to reconnect with other law alumni. The annual Alumni Awards Banquet is the ideal platform to recognize deserving alums for their individual achievements and contributions. The OCU Law Mentoring Program is a fantastic resource for students and the legal community. Additionally, the Alumni Association is active in supporting various student success initiatives. Regardless of your level of past involvement, the Alumni Association provides an avenue to connect like never before. Our collective talents, resources, and connections offer a wealth of knowledge, access, and support for each other and to the students following in our footsteps. Likewise, your membership is a step toward fostering a lifelong relationship with OCU Law and supporting the tradition of producing servant leaders who make an impact. I invite you to visit the law school or schedule a tour in your free time. You will be thoroughly impressed with the new facilities, and you’ll be blown away by the energy pulsing through the hallways and classrooms. Join the Alumni Association today and be a part of our next chapter!
Monica Ybarra ’14 2019 Board Chair, OCU Law Alumni Association
O K L A H O M A C I T Y U N I V E R S I T Y S C H O O L of L A W
ALUMNI PROFILES The past year has shone the importance of leadership and value of being in community. The alumni we profile on the following pages exhibit the servant leadership that is characteristic of OCU Law graduates. Utilizing skills they developed at OCU Law, they are all working to benefit their communities, whether near or far. We hope you enjoy.
Portrait Illustrations by WFlemming Illustration wflemmingillustration.myportfolio.com
SEAN R. MCDIVITT C L A S S of 2 0 1 5
AI KURODA
NONA M. LEE
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RAY H. POTTS
TREVOR PEMBERTON
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CAPTAIN SEAN R. MCDIVITT Judge Advocate, Special Victims’ Counsel United States Air Force, Air Force Legal Operations Agency at Kirtland Air Force Base, New Mexico
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Portrait Illustration by WFlemming Illustration wflemmingillustration.myportfolio.com
C L A S S of 2 0 1 5
Describe your work. What is a regular day like? My full-time job is to represent victims of sexual assault in the military justice system under 10 U.S.C. § 1044e. Every day, I coordinate with legal offices all over the world on investigations and prosecutions. Sometimes, that includes traveling once or twice per month for hearings, trials, or investigative interviews with my clients. It may also include filing third-party motions, appearing as a “person of limited standing,” or coordinating with base or unit commanders. My job is largely meant to facilitate victims’ participation and interaction with the military justice system and to do what I can to give them a voice in the process, or if we get to sentencing, help them provide a tailored victim impact statement.
How new is the Special Victim’s Counsel to the armed forces? The military officially created SVC programs for all branches in 2013, after the Air Force had piloted the program for about a year.
Can you explain how a career with the Special Victim’s Counsel differs from the other Judge Advocate General (JAG) careers? Generally, JAGs represent their armed forces department—an Air Force JAG represents the Department of the Air Force while advising a commander. But as an SVC, I’m tasked to represent personal clients within the scope of 10 U.S.C. § 1044e. I’m certified by the Judge Advocate General as a competent trial and defense counsel, and the position is a two-year assignment, like other JAG positions. An SVC's workload can vary with some seeing trial more than others, but I will continue to represent some clients for trials even after I am reassigned.
Did you volunteer for the position or were you assigned? I volunteered for the position prior to being assigned.
Did the U.S. Air Force help you obtain your JD? Or were you recruited directly out of law school? I was recruited directly out of law school; the Air Force did not help me obtain my JD. Prior to joining, I didn’t see myself joining the military until I did Professor Mitchelson’s litigation externship with Tinker AFB, which first exposed me to working with an Air Force legal office. I found the work fit my skill set, and I appreciated the uniform culture.
There’s a lot of “learning from the fire hose,” but be patient and strive for excellence.
What kinds of cases are you seeing? Blue-on-blue or civilian-and-armed-services? The SVC program is currently limited to representing victims of sex-related crimes, but Congress has directed that we expand representation to domestic violence victims by December 2020. We see cases across the full spectrum from abusive sexual contact to rape, with both military and civilian victims, including children, so long as they are eligible for representation.
How effective do you think the office is? Are you seeing an up-tick in reporting? I think the office is effective in providing victims’ input to the military justice process and helping them recognize that they have the opportunity to participate—or not. I'm not knowledgeable enough to state whether there’s
The views presented are those of the author and do not necessarily represent the views of the Department of Defense or its Components.
been an up-tick in reporting. However, I think it’s safe to say that when a victim is represented by an SVC, the military justice process feels less foggy than if the victim did not have representation, and SVCs are able to translate the sometimes-burdensome procedural matters that are difficult to navigate.
What advice would you give a young lawyer starting out in the armed services? It can be overwhelming at first, but be confident and recognize that you are competent. Lean on your team. Be willing to be flexible, but also take care of yourself. There’s a lot of “learning from the fire hose,” but be patient and strive for excellence.
What inspired you to become a law school mentor?
I want to help OCU Law students succeed. I’m still connected with many OCU grads, and if I can help forge connections, I will. I also remember what it was like to be graduating from law school and being intimidated by the future, wondering if I’m actually fit to do this thing called the practice of law. I remember several students, attorneys and faculty who were willing to help me when my legal future was still unknown. While the confidence takes time to build, my desire is to draw out law students’ and new attorneys’ existing competencies and supplement them with whatever experience I have to prepare them to meet the opportunities before them.
What is your lasting impression of OCU Law? I loved my classmates, my professors were approachable, and I knew that OCU Law wanted me to succeed. I still remember playing Bananagrams in the basement of the Gold Star library between Criminal Procedure and Contracts and being amazed with the move from Sarkeys to Downtown.
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Describe a typical day for a juvenile court judge. Juvenile judges in Oklahoma County handle deprived and delinquent dockets. Both provide opportunities for transformational impact and heartbreak. We spend significant time in the courtroom, where families and children share their stories and count on a system and people to direct them toward positive outcomes. Unlike many other areas of the law, the juvenile setting is not designed to be adversarial. It is instead intended as a platform to serve and care for our community, oftentimes those who are underprivileged.
Was there a particular experience or person that guided you to a career in the legal field? As a junior in high school, I was tasked with writing a term paper about a career. I chose the legal profession and interviewed attorney Stephen Jones not long after he had represented Timothy McVeigh at trial. Stephen permitted me, a nervous yet ambitious high school junior, to interview him at his office on a Sunday afternoon. Through the interview and preparation of the term paper, I became fascinated with the profession. My path was set.
What was your career path to become a judge in juvenile court?
What innovations are being used by the state to address these challenges? The current administration has been proactive in its efforts to address systemic poverty and related issues. They are working upstream, instead of having a reactionary approach. Locally, we have engaged the community to accomplish the same ends. For instance, a local group of leaders who care deeply about children and families have banded together to replicate a running program founded in Bartlesville – Run the Streets. Put simply, at-risk and delinquent youth will be paired with community mentors who will train and compete with the youth in a distance running race. The goal is to provide the youth with positive influences and a productive alternative to traditional probation.
What resources are available that you wish more people knew about? I wish more people knew that our community stands willing to help. During my tenure in the juvenile system, I have learned much about the hearts of Oklahoma's citizens. They are the greatest resource and perhaps the most underutilized. While financial resources are critical, many of the issues faced by those who interact with the juvenile deprived and delinquent systems can be resolved by the community's embrace. I have witnessed our community step up to address transportation issues, mentorship needs, advocacy for children and families and much more.
... prepare your heart.
Windy, unpredictable and ordained. I was having the time of my life handling a civil docket. The Lord had other plans for at least a season. When it became clear to the late Judge Lisa Davis that her cancer was terminal, I understand she began to pray and speak with others about who might best serve as the next chief district judge of the juvenile courthouse. During the fall or winter of 2018, I was asked to consider the role. Those involved — Judge Davis, Judge Prince, and Chief Justice Gurich — allowed me space to consider the potential transition. After prayerful consideration and input from individuals I implicitly trust, I felt confident the role was for me. I accepted the challenge and immediately went to work in hopes of positively impacting families and children in our community.
How do you decompress after a difficult day in court? I obsessively train for endurance races, namely triathlons. The isolation of swimming, cycling, and running allows time to clear my mind and be refilled with hope. The events also permit me to engage my hypercompetitive nature.
Do you have any personal guidelines or a moral compass that you try to adhere to when you are working with a family?
What advice would you give a young lawyer who might be interested in working with the youth of the state?
I always try to treat people with dignity and respect. We often interact with people who have rarely felt respected or heard. They have not felt hope, or perhaps worse, they have not felt worthy of hope. I am confident hope cannot be secured through shame. Relationally, it begins with dignity and respect.
Shadow others already engaged in the system. Speak to people who have been in the trenches. Above all else, prepare your heart. You will experience unbelievable heartache. If, however, you feel called into the pain, you will no doubt positively impact lives, even generations to come. You will take part in restoring lives of mothers, fathers, sisters and brothers, all of whom are your neighbors. The cause is worthwhile.
What do you see as the biggest challenges in the area of juvenile law in Oklahoma? The problems we encounter in the juvenile system are not legal in nature. The challenges are oftentimes gen-
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erational and cyclical. Poverty, substance abuse and/or domestic abuse have long wreaked havoc on segments of our society. Overcoming such challenges is remarkably complex.
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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Describe OCU Law in five words. Transformational. Rich tradition. Student-centered.
Portrait Illustration by WFlemming Illustration wflemmingillustration.myportfolio.com
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TREVOR PEMBERTON Judge, Oklahoma District Court, District 7 in Oklahoma County
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AI KURODA Partner Kuboi & Partners Law Office in Osaka, Japan
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Why were you interested in attending OCU School of Law? I wanted to study U.S. laws. Additionally, I thought I could learn from people in the U.S. who provided, supported and used legal services.
What is your favorite memory of attending OCU Law or living in Oklahoma? There are so many things that I enjoyed, including studying with classmates, participating in seminars, and even raising my hand to answer questions from a professor in the classroom. Studying the U.S. Constitution was also one of my favorite things.
Do you think your experience of attending law school in the United States was different from attending law school in Japan? Absolutely, yes. In Japan, I studied law at my undergraduate university where a typical class size was a couple of hundred students or more. In these classes, we only listened to what our professors talked about and took notes.
What did you do in the year immediately after graduating law school? I moved to New York after graduating in 2006, took the bar exam and passed it. Afterwards, I started working for a small law office in Manhattan, spent two and a half years there before returning to Osaka, Japan, in 2009. Working as a lawyer gave me tremendous useful and exciting experience.
What made you want to practice law in Osaka? I wanted to practice litigation work and live closer to my family. Since returning to Japan, I have worked for the same law firm.
There are several differences. In the U.S., most lawyers have their own expertise focusing on only one area of law. In Japan, the majority of lawyers are general practitioners, handling many types of cases. Almost all Japanese lawyers have experience in handling divorce cases, inheritance cases, bankruptcy cases, and traffic accident cases.
... each country has its own culture and ... different laws ... it’s like how different trees have different flowers. If you can enjoy the difference, there is no problem.
For travelers, what is the one thing in Osaka that they should not miss? Osaka Castle Park.
You are licensed to practice law in New York and Japan. What are the major differences that you see between practicing law in Japan versus practicing in the United States?
The Kuboi & Partners Law office is very diverse in its practices. What areas do you specialize in? Do you have a favorite? Our office is a typical law office in Japan, dealing with many types of cases. Nonetheless, we have a good reputation in banking law, corporate law and complex litigation. In addition to general practice, I’ve been a corporate auditor at one of the listed companies in Kobe. My practice involves international family disputes, including the 1980 Hague Convention on Civil Aspects of International Child Abduction. I’m a mediator and I’d like to explore international family and business mediation.
How involved are you with your community? Do you serve on any boards or committees? I’m one of the committee members for the Mediation Center in Osaka, which provides mediation and arbitration service for local communities with no cost or significantly low cost.
What advice would you give to people interested in practicing law outside of the United States?
First of all, it’s very exciting. I believe that U.S. laws continue to be recognized as the standard in international communities. At the same time, however, each country has its own culture and might have different laws or have adopted U.S. laws quite differently. It’s like how different trees have different flowers. If you can enjoy the difference, there is no problem.
What else would you like to share with our other OCU Law alumni? I will always remember the days I spent at OCU Law. It is my treasure. I want to thank everyone who supported a foreign student like me.
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ALUMNI NEWS
Describe your work. What does your day during preseason look like? Postseason? As EVP and Chief Legal Officer, I am a member of the executive leadership team for the Arizona Diamondbacks organization and am also responsible for all legal matters impacting the organization whether handled internally or by outside counsel. My days are pretty hectic year-round, given the nature of our business and the number and type of legal issues I’m dealing with on a given day. Things change a little bit in the post-season because we are also focused on more administrative and strategic planning for the year to come.
What do you enjoy most about your job? The people I work with, and the nature, variety and complexity of the issues I work on.
How has your OCU Law education contributed to your success? My OCU Law education was the template for my career. At OCU Law, I learned how to multi-task, manage a large workload, think analytically, critically and creatively. It also taught me the importance of, and how much I enjoy, stepping into leadership roles.
What steps does your office take when acquiring new players and documenting trades? There are two sides to sports team business – the business side and the sport operations side (baseball operations in the case of Major League Baseball). The baseball operations staff (the General Manager, Assistant General Managers and their staff) are responsible for all aspects of acquiring new players and documenting trades. All of that is subject to the Collective Bargaining Agreement and are form-based transactions. There is very little to do there from a legal perspective.
My biggest hero is actually my boss, Derrick Hall ... because of the type of person and type of leader he is. One of the greatest privileges of my life will always be working with him.
What advice would you give a young lawyer interested in the sports law field? Become a great transactional practitioner and start networking in the sports law world now. Join the Sports Lawyers Association, attend the annual SLA Conference, get as involved as you can and begin building rela-
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tionships. Also attend any local CLEs related to sports law. Don’t be afraid to reach out to the people in your area currently working in sports law and ask for informational meetings to learn more about them and what they do, and get advice on how you can get there.
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Do you think there will be significant reforms due to the Astros sign-stealing? How will that affect practices in the legal branches of MLB teams? No comment, but statements made by Commissioner Manfred on this issue are informative.
Does the Diamondbacks legal team have policies/procedures in place for such a scenario? The D-backs legal team does not; these types of policies/procedures would be handled at the League level.
What has been your favorite moment from your term as president of the National Sports Lawyers Association? My favorite moment from my term was actually my very last act as president at my last board meeting in that role, when I put a standing Diversity & Inclusion Committee in place for the SLA.
Where are your seats for the games? I usually sit in seats just a few rows behind home plate.
Who is your biggest baseball hero? Have you ever met them? If not, who is the biggest baseball celebrity you’ve met?
My biggest baseball hero is actually my boss, Derrick Hall. Not because he was a player (he wasn’t), but because of the type of person and type of leader he is. One of the greatest privileges of my life will always be working with him. As for an on-field baseball hero, most definitely Luis Gonzalez (“Gonzo”), who drove in the winning run for us in the 2001 World Series. Gonzo works in the D-backs’ front office now as Special Assistant to the President & CEO, and continues to be a tremendous asset to the team.
Portrait Illustration by WFlemming Illustration wflemmingillustration.myportfolio.com
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NONA M. LEE Executive Vice President, Chief Legal Officer Arizona Diamondbacks
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RAY H. POTTS Geologist Co-owner of Potts Exploration, LLC and Co-founder of Potts Family Foundation Inc. in Oklahoma City
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You and Pat are originally from Missouri. What brought you to Oklahoma, and why did you decide to stay?
tion. Why do you think it is important to give back to the community and to people in need? What motivated you to be so involved?
In 1959 I received a master’s degree in geology from the University of Missouri. I was employed by the Pure Oil Co. located in Oklahoma City. One year later, there was a downturn in the oil industry, and Pure Oil fired a third of their geologists. While I survived the cutback, I decided to enroll in Oklahoma City University’s night law school program for career flexibility. Pat and I felt Oklahoma offered a great place to live and raise a family.
We believe a strong society requires a partnership between government, business and the nonprofit and philanthropic sectors. We live in a state and community that has blessed us but has great needs as well! We feel Oklahoma’s people are its most important resource and that strengthening the lives of the young children and their families provide the greatest return on investment. We will feel blessed if we leave our corner of the world a little better for those who follow.
What did your time at OCU Law mean to you? Do you have a favorite memory from attending law school? I found most of my classmates were working during the days and going to law school at nights. We used to joke and say everyone in night school was someone who was insecure with their day job. My favorite memory was dodging the rush of water during a thunderstorm flowing down the center hallway of the army barrack where OCU’s classes were held.
How has your OCU law degree helped shape your career choices? My law degree helped me deal with legal matters our oil and gas company encountered in its day-to-day operations. The degree gave me awareness of situations in which we needed to call upon the expertise of a practicing attorney. My legal training also helped in analyzing and solving problems that occurred daily.
I strongly suggest that new law graduates not be too specific in preparing for their job of choice. They need to keep their options open and continue learning and growing ...
You graduated in ’65 and have been working in the energy sector for most of your professional career. Do you have any words of wisdom for graduating attorneys interested in working in the energy sector? Modern day energy needs will require all types of energy sources. I believe that will require a variety of employees.
You and Pat started the Potts Family Foundation and are big supporters of early childhood educa-
Do you have any lessons learned from your work in philanthropy and Pat’s work to found the Oklahoma Center for Nonprofits? We believe philanthropy can bring innovation, temporary solutions and compassion to the ills of society, but it takes involvement of business and government systems to prevent recurrence. Substantial change requires a partnership between all sectors. We also believe nonprofits require business know-how to match their many great causes. The Center, since its modest beginning, has grown to hold a prominent role nationally due to its outstanding management training and leadership development resources available statewide. We feel equipping people with new and renewed skills and insights to meet ever changing challenges is a calling worth broad collaboration.
You and Pat are members of OCU’s Gold Star Society for your willingness to include OCU in your estate plan. What led you to your decision to honor OCU with such a gift?
The strategic location of OCU in Oklahoma’s capitol city enables working adults and people of all ages to access preparation for a variety of career opportunities. Financial support enables more young people to take advantage of the outstanding educational opportunities available at OCU. We are convinced OCU is a major asset worthy of longterm support not only from us but from others in planning their estates.
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WHY I GIVE
WHY I GIVE Benefactors $250 - $1,000 —————— Amanda Cornmesser Amy L. Bankhead Andrea Miller Angela Ables April Spurgeon Armando and Megan Rosell Art and Breda Bova Bill Paul Bill and Mary Ann Corum Brad and Larissa Madore Brent Greyson Caleb and Beth Muckala Charles and Kerri Gale Chris Morrow Clay Curtis Connie Calvert Crowe & Dunlevy Damond Isiaka Donald and Carole Hoeft Donna Jackson
I give back to show support for an institution that has impacted my professional career, fostered lifelong friendships, and provided me with a greater connection to the community at large.
Douglas and Susie Fuller Drew and Linda Edmondson
K I M T RA N
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John and Laurie Stansbury Joseph Goerke Joseph and Gina Buendia Katherine R. Mazaheri' Franze Kenneth and Janice Dickerson Kevin Gordon and Janice Matthews-Gordon Knight Mediation Services LLC Laurie L. Jones Lee and Ann Borden Lindsey Pever Lysbeth George M.C. Smothermon Mary Westman Michael Decker Michael and Betty Wolf Nkem and Alana House Patricia Redington Rebecca Moore Rick and Julie Naifeh Robert Strunin and Loren Dubin Robert and Karen O'Bannon
Scott McCann
Fred and Kathy Kempf
Scott and Carla Holste
Garvin A. Isaacs, Jr.
Scott and Vicki Behenna
Gary and Dana Laverty
Steven Barghols and Cathy Campbell
Henry A. Meyer III, P.L.L.C.
IN BRIEF
I donate to my law school, because long ago, another attorney generously donated to OCU Law. His generosity helped me afford law school when I was young and my personal finances were lean. Tradition and gratitude inspire me to donate to OCU Law School.
Robert and Vanmai Nguyen Ryan and Rachel Webster
First Presbyterian Church
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
John and Claudia Holliman
Rogers State University
Eric Holey
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Jane F. Wheeler
CATH Y CH R I STE NSE N
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Oklahoma City University’s School of Law presented me with an opportunity to better my education and career goals that I was not only grateful for at the time but continue to recognize every day. My memories of life at OCU are some of my best experiences from the school activities, friends I made, and professors who instructed me. Therefore, I have always enjoyed contributing to give others the ability to make educational advances and memories as well. I am proud to be a contributing and continuing member of the OCU family. TH OMA S ( T REY) H. C ON K LI N I I I
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Susan C. Curtiss
Elise Horne
Tami Hines
Four Seasons Air
Thomas and Linda McCoy
Gregory Sawyer
Travis Fleming
Hamden and Robyn Baskin
Travis Weedn
Harlan Pinkerton
Vonda Wilkins
Harrison Burton
William and Leslie Ackerman
Irving and Sandy Faught
Zack and Melissa Reams
Jana McDaniel Janet New
Contributors
Jay Barnett
Up to $249 ——————
Jim Ditmars and Cathy Christensen
Andy Bowman
Jo Lynne Jones
Ann Michael
John Bedford and Jo Rowan
Brandi Haskins
Joshua Busby
Brian Davis
Karen Berry
Caitlin Porterfield
Katherine Bushnell
Carol M. Hansen
Kelly Monroe
Carolyn Cuskey
Kent Ryals
Chance Deaton
Kim S. Taylor
Cheryl Burns
Klubeck Law, PLLC
Chief Justice Noma Gurich and Mr. John Miley
Lavaughn Carey
Jeramy Jarman
Lee Law Center, P.C.
Oklahoma City University School of Law gives thanks to our donors who provide critical ongoing support, the members of the Sword & Gavel Society. Sword & Gavel Society members make an annual commitment to the law school and can direct their gifts to any of the law school’s programs or funds, including scholarships, the Center for Criminal Justice, or faculty research and development. Members are also able to split their gifts to benefit multiple law school programs. We value the generosity of our supporters, and none more than our Sword & Gavel Society members, whose gifts represent an investment in OCU Law and our students, the servant leaders and justice-seekers of tomorrow. Join the Sword & Gavel Society today by donating to OCU Law at any of the levels below: (Requested 3-year minimum commitment) • Sword and Gavel $1,000 annually • Silver Level $2,500 annually • Gold Level $5,000 annually • Platinum Level $10,000 annually • Dean’s Level $20,000 annually For more information, please contact Stephen Butler at (405) 208-7100.
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Linda Burkett-O'Hern Lindsey Mulinix-Ewert Marvin and Linda Resnick
OCU Law continues to be a place where the students come first, and each student's success after graduation is a reflection of the excellent legal education they received at OCU. RON BARNE S
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Melissa Knop Michael and Pamela Harris Mike and Jeannene Blevins Monica Ybarra Nancy Cain P. Scott Buhlinger Patty A. Whitecotton R. Daniel Alcorn, Jr. Rachel Jester Ralph and Sandy Sallusti Rebecca Ewing Rick and Taunia Bozarth Robert and Mary Sheets Russell Mulinix Sam and Suzanne Fulkerson Sandy and Danielle Coats Sharon B. Byers Stephen Booth Stephen and Gabrielle Butler T. Matthew Smith, PLLC The Garage - Midtown, LLC Tiece Dempsey
I’m thrilled to give to OCU Law because of all the law school has given me. OCU Law has afforded me tremendous opportunity and resources to grow and succeed — as a student, as a practicing lawyer, and as a servant-leader. With our help, I’m confident the law school will continue to mold the minds of those lucky enough to call themselves students at OCU Law. M A RTI N ( TR I P P ) J. LO P E Z I I I
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Travis Harrison Trinity American Lutheran Church Velma Jean Jones
Getting and Giving the Most from Your Assets Donating appreciated securities – such as stocks or mutual funds – to Oklahoma City University School of Law is a tax-wise approach to supporting the next generation of servant leaders. You may want to donate to OCU Law using long-term appreciated stocks and mutual funds due to the attractive tax advantages associated with such gifts. The benefits available to you when making a charitable contribution of stock or mutual funds may include: • Avoiding federal and state tax on capital gains • Receiving an income tax deduction (federal and most states) for the full market value of the gift if you itemize deductions on your tax return and have held the assets one year or longer • Making a larger gift at a lower original cost to you You can explore other options for appreciated stocks at www.oculegacy.org. You might be Surprised! What types of non-cash assets do you own? A gift of any of these assets – CDs and money market accounts; real estate such as commercial, rental, farm, and ranch; life insurance policies; tangible personal property such as art, coins, and collectibles; and retirement accounts – may provide you with benefits and an immediate impact for your OCU School of Law. Please contact Stephen Butler at 405.208.7100 to learn more on how you can give and get the most from your assets.
Dean’s Level
$20,000+ Annually —————— AccessLex Institute BancFirst Cullen and Bonnie Thomas E.L. and Thelma Gaylord Foundation Kirkpatrick Foundation, Inc. McAfee & Taft, PC Munley Law PC Nick and Susan Harroz Oklahoma Bar Foundation, Inc. Oklahoma City Community Foundation Ray and Pat Potts Robert and Sarah Haupt Tom Quinn and Tommy Thompson
Platinum Level
$10,000+ Annually —————— Arvest Bank Hatton W. Sumners Foundation, Inc. Joe and Vickey Dancy Paul and Ann Doolittle Steven and Carrie Katigan Watson Family Foundation
Gold Level
$5,000+ Annually —————— Brent and Debi Stockwell Frank S. and Julia M. Ladner Family Foundation, Inc. George Milner Niles Jackson and Barbara Thornton Pat and Melanie Hall
Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P. Rachel Pappy
Silver Level
$2,500+ Annually —————— Dick and Cynthia Dugger J.R. and Patsy Homsey Joe and Valerie Couch John & Janet Hudson Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Rob and Autumn Abernathy Robert Naifeh Ron Griffin Ronald and Deborah Barnes Steven Goetzinger
Sword & Gavel
$1,000+ Annually —————— American Fidelity Foundation Andy and Jennifer Schroeder Arnold and Mari Fagin Brandon and Joanna Long Casey R. Ross Chuck and Renate Wiggin Collin and Lori Walke Conklin Family Foundation David and Kathie Aelvoet David and Laura Beal Dennis and Chris Box Derek and Stacy Ensminger Echols and Associates Fulmer Sill Garfield County Bar Association Gary and Sue Homsey
George Proctor and Nancy Dumoff Gungoll, Jackson, Box & Devoll, P.C. Harry Goldman and Jettie Person Healthcare Partners Investments, LLC Irwin and Kelley Steinhorn James and Elizabeth Tolbert Jerry Bass Jim Roth and Phillip Koszarek Joel and Nikki Miliband John and Jane Crain Judson Temple Justin Jordan Kalani and Alexandra Ah Loy Kyle and Ashley Murphy Larry and Gay Hellman Larry and Rozia Foster Lydia Y. Green Mark and Gale Wood Mary Gilmore Caffrey Meg Salyer Michael Gibson Michael Kaplan Oklahoma County Bar Foundation Pat Layden Law Firm, P.C. Patricia R. Demps Paula J. Dalley Phillips Murrah, PC Robert and Marty Margo Rose Barber and Geoff Hefner Sarah J. Glick, Esq. Stan Basler Suzanne Hayden Timothy Foley Tom Jones and Leslie Tregillus Tom and Stephanie Seymour Von Creel WCM Investment Company
If you would like to join the growing list of alumni, faculty, staff, students, friends and community partners who are investing in Oklahoma City University School of Law, we invite you to make a gift today. Visit law.okcu.edu/alumni-giving or call (405) 208-7100 to make your donation.
THANK YOU ... for your involvement and continued support ... for helping us train the next generation of leaders
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DIAMONDS AND TRIALS As I reflect over the many trials and tribulations life has afforded me, I cannot help but affirm the proverb: A diamond cannot be polished without friction, nor the person perfected without trials. The narrative of a disadvantaged youth growing up with minimal means is one I know all too well.
BY JO S H UA H IL L A RD C LAS S of 20 21
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I was raised by a single mother on the east side of Oklahoma City. My father’s drug addiction and abuse led to my parents’ divorce when I was two years old, and his subsequent incarceration left our family completely broken. My mother worked relentlessly to provide financially and model values such as hard work, resilience, integrity, courage, loyalty, helping others, and standing up for what is right. She worked to instill these values into her four children. I can still hear my mother’s voice saying, “You’re going to be a preacher or a lawyer when you grow up.” I chose the latter; however, my path to law school would not be as smooth as I imagined when I was young. My adolescent years can be best described by quote – “adversity introduces a man to himself.” When I was 14, my mother was diagnosed with kidney failure after battling diabetes for most of her adult life. She lost her battle with both, dying a year later at the age of 42.
Navigating the corporate world presented challenges similar to being a first-generation college student. It is difficult to master new skills while deconditioning the traits acquired from an indigent upbringing. However, my career was not the only place that I experienced new obstacles. In 2015, my father was fatally stabbed shortly after being released from prison. His absence throughout my life had induced feelings of anger and resentment which I thought would cause me not to feel anything at his death. I was mistaken. I was an emotional wreck. Gone now were the two people responsible for bringing me into this world. These tragic events have driven me to be successful despite life’s circumstances and to work my hardest in all my endeavors. Being accepted into OCU Law has afforded me the opportunity to learn the law and become more of an asset to society. The scholarship I received helped alleviate my financial burden. Along with being able to help others, OCU Law has provided me the chance to satisfy a lifelong dream and the promise I made to my mother. I am a proud Oklahoma native and chose OCU Law because of its illustrious history and prestige in Oklahoma. OCU Law is a staple in the Oklahoma legal community and has cultivated many of its prominent attorneys.
I can still hear my mother’s voice saying, “You’re going to be a preacher or a lawyer when you grow up.”
After her passing, I was thrust into adulthood, bouncing between the homes of family friends. Despite the absence of both of my parents, I ultimately went on to graduate high school and attend Oklahoma State University, earning degrees in Business Management and English. My college years would serve as a fresh start and foundation for the tragedy-forced principles acquired during my adolescence. The hardships I endured and overcame prepared me to serve in critical leadership positions on campus and in the community. I excelled academically, naturally gravitated toward leadership, and was well respected amongst my peers. This time helped me reassess my priorities and to grow mentally and spiritually.
I chose to place my dreams of being a lawyer on hold and accepted a lucrative job offer in Dallas, TX. While working, I learned valuable lessons regarding friendship and decision-making. This was further evidence that if I remained steadfast and focused on my goals I could overcome anything.
I have also benefited heavily from the counseling services the law school has provided. The sudden death of my brother four months before my 1L year, coupled with prior deaths of my parents, left me devastated. The counseling services helped me sit with earlier trauma, sift through depression, and successfully complete my 1L year. Their continued assistance has been paramount. After law school, I plan to practice Business Law with an emphasis on contracts. The contract drafting classes and energy law certificate will allow me to narrow my focus and graduate as a more skilled and refined attorney. I am forever grateful for Oklahoma City University School of Law.
A diamond cannot be polished without friction, nor the person perfected without trials. IN BRIEF
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW
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OBF President Jennifer Castillo ’02 presents awards to law students Victoria Carrasco, Alauna Crawford, and Laurie Schweinle at the 2019 OBA Alumni Luncheon.
Our 3L students take a break in the Conger Courtroom between classes.
Professor Lyons and his family kicked it up a notch at 2019 Holiday Party.
Students, faculty, staff and their families celebrated a new academic year at the annual Back to School Bash.
We all know who the real hams of the party are: Dean Stephen Butler and Dean Jennifer Prilliman pose with Ann Nicholson, wife of Professor Michael O’Shea.
Staff members having a great time at the Holiday Party.
Professor Danné Johnson and her son enjoying the Back to School Bash festivities.
This December, OCU Law staff members enjoyed the Holiday Party.
The photo booth at the Back to School Bash event let our students show off their best smiles.
Students welcomed Chief Justice Noma Gurich as a guest for lunch with Judge Jerry Bass’ class.
Students received an experiential learning opportunity when guest lecturers Boo (left) and Brody (right) attended their Animal Law class and brought along their friend Dean Roth.
"Law school is not only a place for learning how far you can go as a person, it is learning how far you are willing to go as a person in this community, as a friend, as an advocate for others and humanity. We are the ones to solve world problems, to further society as a whole. We have a thirst for knowledge and to be better and do better. I am proud to call OCU Law my home and my family, for it will change the world." ABIGAEL HOOD, CLASS OF 2020 2019–2020 STUDENT BAR ASSOCIATION PRESIDENT
Vicki Behenna, OKIP Executive Director, Willard O’Neal, Corey Atchison, Jeff Willams, Michelle Murphy, Dennis Fritz (speaking), Malcolm Scott, Perry Lott, De’Marchoe Carpenter at the Full Circle event celebrating National Wrongful Conviction Day in October.
OCU Law students take the oath at the 2019 Professional Program.
Mock trials pitted students from Southeast High School and Douglass High School against each other in the courtroom as they tried a cyber bullying case as part of their Street Law course.
Assistant Dean Alana House and St. Louis County Prosecuting Attorney Wesley Bell enjoy a moment between panels at the Oklahoma Forward conference.
Amber Leal with her family at the 2019 Pro Bono Awards event.
First year law students at Orientation and Professional Program.
Tim Tardibono moderates a panel with Commissioner Carrie Blumert, Senator George Young, Representative Chris Kannady, and Senator Roger Thompson on "Legislative and Policy Efforts as Solutions to Criminal Justice Reform" at the Oklahoma Forward conference in January.
The incoming 1L class of 2019/20 during orientation.
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Law.okcu.edu/mls