THE WRIT
OHIO NORTHERN UNIVERSITY PETTIT COLLEGE OF LAW
pages 10-11:
LIVING AND LEARNING IN THE CITY THAT NEVER SLEEPS
A MAGAZINE FOR ALUMNI & FRIENDS OF THE PETTIT COLLEGE OF LAW
FALL 2015
FROM THE
DEAN
Dear ONU Law alumni, Over the two years that I have been dean of the ONU College of Law, I have had the pleasure of meeting many of you face to face. It is incredibly exciting to be part of our rich 130-year tradition, and I am proud that we are simultaneously celebrating our past and investing in our future. For example: •
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At the law commencement ceremony in May, we celebrated the life and teaching of Professor Al Baillis, ACIT ’82. This fall, we welcome four new faculty members to the law college: Karen Hall (LLM director), Karen Powell (tax), Lauren Bartlett (clinic director), and Melissa Kidder, BFA ’05, JD ’08, (legal writing). This year marks 55 years since Dean Eugene Hanson, Hon. D. ’86, established a special relationship between ONU Law and the University of Iceland. This summer, for the first time, we expanded the program significantly to include a summer study abroad program there. Our LLM in Democratic Governance and Rule of Law program is expanding beyond its traditional ties to the former Soviet Republics, Africa, and Afghanistan to establish programs in and draw students from the Middle East, Asia, and Latin America.
Even as we continue to build for the future, we remain focused on our core values: delivering a strong yet affordable legal education; employing professors who know and are personally invested in the success of students; and creating a strong sense of community among students, faculty, staff, and alumni. If you haven’t visited Ada recently, I encourage you to do so. Bring your family. You are among our greatest resources. You have lived and breathed the culture, classes, and experiences that make ONU Law special. You are a testament to the value of an ONU Law education as you work and serve in your community, and I am proud to celebrate your success with our students, faculty, and staff.
Dean Richard Bales
CONTENTS PAGE 4 In Memoriam | Remembering Michael Lewis
PAGE 5 New Law Faculty
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Working Hard for the Working Man
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Honoring Law’s Living Legend
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Living and Learning in the City that Never Sleeps
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The Voice of the Voiceless
PAGE 14 Ask Lou
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Top Things to Celebrate after 130 Years
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Targeted Giving
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Save the Date | Update Your Info
The Writ is an official publication of the College of Law. The Writ is published annually and distributed to alumni and friends of the College of Law. Editors: Josh Alkire Sheila Baumgartner Laurie Wurth Pressel Design: Lauren (Bailey) Honaker, BFA ’10 Photography: Trevor Jones Contributors: Chad Vondenhuevel Dacy Wilcox Rick Bales
Ohio Northern University Pettit College of Law 525 S. Main St., Ada, OH 45810 Phone: 419-772-1980 | Fax: 419-772-1487 Celebrating its 130th anniversary, the Ohio Northern University Pettit College of Law is the second oldest of the nine Ohio law schools, enrolling nearly 200 students from more than 40 states in its full-time juris doctor and LL.M. programs. The college’s dedicated and esteemed faculty provides unparalleled personalized instruction through a tailored curriculum designed to provide students with unique learning opportunities and exceptional skills-based training. www.law.onu.edu lawalumni@onu.edu THE WRIT FALL 2015
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IN MEMORIAM “Professor Lewis was an amazing professor, colleague, and friend.
His tremendous lifetime of dedicated service, to his family, his country, and to ONU Law, will never be forgotten. His legacy as a role model for both the aspiring lawyers he taught and his colleagues with whom he worked will surely live on at ONU Law.” –Brian Anderson, JD ’10, LLM ’11, assistant director of the Democratic Governance and Rule of Law Program
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ith profound regret and overwhelming sorrow, the College of Law must announce the death of professor Michael Lewis. Lewis came to the College of Law in 2006 after a successful career with McKinsey & Company and McGuire Woods. Before entering law school, Lewis proudly served his country with a distinguished career in the Navy as a pilot and graduate of the Top Gun School. At ONU, Lewis taught Commercial Law, Torts, International Law, and the Law of War Seminar. His receipt of the Faculty Teaching Award in 2008 demonstrated his skill as a teacher. Lewis was a prolific scholar and speaker, taking the name “Ohio Northern” to readers and listeners throughout the United States and the world. Most importantly, Lewis was a wonderful husband, father, and friend. Everyone who knew him knew of his deep love for his family. His daughter, Sarah, was the light of his life, and we ask that you keep her and his wife, Danya, in your thoughts and prayers. Lewis loved sports, loved his country, loved his family, and loved his work. We can all draw lessons and inspiration from his life. We are sure that he knew how much the ONU law community cared for him, and we all know how much he meant to us. For students, he was the role model of all role models. For faculty, Lewis was a star — someone who did everything well. Most importantly, however, Lewis was a humble, thoughtful, and caring colleague whom everyone respected. He will be profoundly missed.
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REMEMBERING MICHAEL LEWIS It is difficult to express the profound sense of loss felt by everyone who knew Mike.
HE WAS A TERRIFIC GUY, A GREAT FAMILY MAN, COLLEAGUE, TEACHER, AND SCHOLAR IN NATIONAL SECURITY LAW. Sadly, Mike first learned of his illness just days after the law faculty and the University had approved his application for sabbatical leave. Mike was planning to take a position with the Privacy and Civil Liberties Oversight Board in Washington, D.C. I know what Mike’s passing meant to his family and our college, but I think the Republic lost a wise counselor too. —Stephen Veltri, professor of law
In my second year teaching, Mike and I were both teaching the same set of first-year students. I was sensing an odd dynamic in the room in Property and wanted another perspective, so I asked if I could sit in Mike’s class. He readily acquiesced. Mike came to my office after the class, and at the end of that conversation, he did something completely unexpected. He asked me what he could do to be a more effective teacher. When I resisted answering in light of the fact that he had far more experience than me, he told me that whenever someone sat in his class, he posed that question. In that exchange, I learned that to be really good at this job, no matter how long you’ve been at it or what you’ve achieved along the way, you have to remain humble, open to criticism and to learning.
I am a better teacher because I had the opportunity to learn from Mike Lewis, and he was one of the best. —Deidré Keller, associate professor of law
Professor Lewis brought his ethic of excellence and service to every aspect of his life, and he inspired others to pursue their dreams, as he did. He loved his work, his family, and his country. His steady temperament, cool head, and protean work ethic were a blessing to us all; his ONU family is bereft by his loss. —Joanne Brant, professor of law
MIKE WAS A LAW SCHOOL’S QUINTESSENTIAL “BEST ATHLETE”
— he was a beloved classroom teacher and student mentor, a prolific writer and speaker who represented the school prominently to both scholarly and popular audiences, a behind-the-scenes leader who led by example and consensus-building, and a workhorse on law and University projects who was far more interested in doing a job well than in receiving personal credit for it. Mike was taken from us far too early — most obviously from his family, but also from his faculty colleagues and students for whom he was a mentor, role model, and friend. —Rick Bales, dean of the College of Law
NEW LAW FACULTY 2015-16 KAREN POWELL
LAUREN BARTLETT
Tax Professor
Clinic Director
Karen Powell recently finished serving two terms as chair of the Montana State Tax Appeal Board. She also has served as deputy commissioner of insurance and securities (deputy state auditor) and assistant attorney general, both for the state of Montana. Since 2008, she has been a commissioner of the Montana Uniform Law Commission. Powell earned her law degree from Stanford, and she has volunteered for educational, environmental, domestic violence, and low-income organizations.
KAREN HALL Director of the LLM Program Karen Hall most recently served as the Afghanistan rule of law team lead for the U.S. State Department, for which she has designed and implemented programs such as criminal justice system capacity building, legal education, access to justice and civil society, and protection of women and girls. She practiced at McKenna Long & Aldridge in Washington, D.C., focusing on international arbitration, insurance recovery, commercial litigation, and education law. She was a research fellow for the Permanent Court of Arbitration in The Hague and has presented all over the world on a variety of rule of law topics. Her law degree is from Harvard, and she earned a master’s degree in security studies from the Georgetown School of Foreign Service.
Lauren Bartlett most recently served as the director of research and training at the Center for Human Rights and Humanitarian Law at American University College of Law in Washington, D.C. Bartlett also is the founder of Louisiana Justice Institute, a civil rights legal advocacy organization devoted to fostering social justice campaigns across Louisiana for communities of color and for impoverished communities. She has worked as a staff attorney for Southeast Louisiana Legal Services, for which she represented and provided legal advice to low-income homeowners in threat of foreclosure, and taught housing law and policy at Loyola University New Orleans College of Law. She earned her law degree from American University.
MELISSA KIDDER Director of the Legal Writing Program Melissa Kidder, BFA ’05, JD ’08, most recently served as an attorney at Eastman & Smith in Findlay, Ohio. She served for three years as staff attorney for Judge Vernon Preston of the Ohio 3rd District Court of Appeals and for two years as assistant director of academic support at ONU’s College of Law, where she also taught business organizations. Kidder received both her undergraduate and law degrees from Ohio Northern University.
SAY
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WORKING HARD FOR THE WORKING MAN
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reg Hach, JD ’99, has a soft spot for labor-union workers. He’s devoted his career to representing these hardworking men and women, many of whom he considers to be part of his extended family. His tireless dedication and outstanding results have earned him a reputation as one of the top construction-accident personal-injury attorneys in New York, and he has built his firm to become the “go-to” law firm for injured union members. Hach grew up on Long Island in a working-class neighborhood. His father served as a union organizer and business manager for the International Union of Operating Engineers Local 30 for 32 years. According to Hach, the members of Local 30 supported one another through thick and thin. His dad, known for his unimpeachable character, was highly respected by the workers he served, and his reputation endures to this day. “I feel an unbreakable bond with union members because they’ve always been there for me and my family, and, likewise, I will always be there for them,” says Hach. “My dad believed that his position existed solely to better the lives of those people he represented, and he exhibited that belief in everything he did. When he passed away this past February, those who knew him lost a stalwart advocate for organized labor, and I lost a powerful role model and my best friend.” After high school, Hach served in the United States Air Force for two years; he was stationed in Greece and eventually moved to Germany. He returned to New York and earned his bachelor’s degree from the John Jay College of Criminal Justice while working a full-time job as a union mechanic at CBS broadcasting. After briefly considering politics, he decided to pursue a career in law. A friend directed him toward the Claude W. Pettit College of Law, and the scholarship ONU awarded Hach sealed the deal. For a Big Apple native who thrived on the city’s energy, moving to Ada, Ohio, required a period of adjustment. Yet Hach came to love the slower pace and friendlier environment of the Midwest. “Aside from the rigors of law school, it was a laidback experience,” he says. “I was always running 100 miles an hour, and now I had the time to concentrate on my education and to build meaningful relationships.” Unlike his undergraduate experience, Hach got to know his professors and classmates on a personal level. He still values many of the friendships he forged. “Everyone at ONU is personally invested in your success,” he says. “I received the encouragement I needed. It’s a great school for learning how to stand on your own two feet.”
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While still a law student, Hach became involved in nationwide health screenings for union workers who had long-term exposure to asbestos. Meeting and talking with hundreds of people suffering from chronic obstructive pulmonary disease (COPD), mesothelioma, asbestosis and other disabling conditions — all due to corporate indifference and negligence — got Hach fired up. “In most cases, the companies knew about the health concerns associated with asbestos exposure, but they kept it concealed,” he says. “That burned me up inside. I want corporations to prosper and be successful. But at the same time, they need to be responsible for their people and do the right thing. And that isn’t always the case.” Through this experience, Hach realized that he shared his dad’s zeal for supporting the rights of workers. He decided to focus his career on seeking justice for union workers — and others — whose lives had been destroyed by a catastrophic accident or injury. Upon graduation, Hach joined a high-profile law firm in New York City. Within two years, he was offered a partnership, but he turned it down. He decided instead to launch his own practice to give him more control over the cases he accepted. Today, Hach is partner in two firms he helped to establish. Hach Rose Schirripa & Cheverie LLP specializes in large, complex litigation in the corporate and finance fields, while Hach & Rose LLP specializes in personal injury and accidents occurring under the New York State Labor Law. Hach and law partner Michael Rose launched Hach & Rose, LLP, just months after 9/11 in response to the irresponsible way that some firms were handling cases involving those who were injured or killed in the attacks. They offered their services — free of charge — to help individuals appealing to the September 11th Victim Compensation Fund established by the U.S. Congress. Their efforts on behalf of victims earned them commendation from Kenneth Feinberg, who was appointed by the U.S. Attorney General to be special master of the fund. In the years since, Hach’s firms, located on Madison Ave., have become two of the top firms in New York City, which is no easy feat in a competitive market swarming with exceptional attorneys. Hach’s staff has grown from just him and his partner to nine full-time attorneys and dozens of contract attorneys. His firms tackle many high-profile cases and achieve unprecedented success. In 2012, for example, Hach & Rose LLP obtained a jury verdict in excess of $13 million, the highest in New York that year for a constructionsite accident. Hach’s securities litigation firm recently settled a case on behalf of a union-pension plan for nearly $500 million; this result was particularly special to him because the settlement occurred on the day he returned from his office after burying his father.
Greg Hach, JD ‘99 Hach sits at the helm of this success, spending his time managing the office, meeting with clients, coordinating cases and developing strategies. Although he’s undoubtedly a big fish in a big pond, he never loses sight of his roots. He became an attorney to help people. And for him that doesn’t just mean securing large jury verdicts or settlements; it means treating each client like family. His clients come to him hurting and vulnerable, so he makes sure that they receive the utmost kindness, respect and professional attention. “I pour my heart into each case,” he says. “Building relationships with my clients and exceeding their expectations bring me the most satisfaction in my work.” In all his dealings, Hach acts with integrity and humility. He’s witnessed too many attorneys who were brought down by their own arrogance or greed. “I’m hardly a rocket scientist,” he jokes. “But I’m a hardworking and honest guy. Reputation means everything.” In recent years, Hach has watched the reputation of labor unions suffer in the political and public arena. He’s noticed a direct correlation between the decline in organized labor and the decline in workplace safety. “I hope one day my job isn’t needed,” he says. “But today, the number of construction-site accidents is on the rise, especially in New York. When non-union labor is used and corners are cut, injuries to workers and passersby increase accordingly.” Hach hasn’t ruled out the possibility of getting involved in politics in the future. He likes the idea of influencing policy and advocating for workers on a broader scale. But for now, he’s content to know that he’s continuing his dad’s legacy and that he’s making a difference, one life at a time. Hach is married and has three children. In his spare time, he enjoys reading, flying planes, riding his motorcycle, and perfecting his German. He also volunteers his time with the underprivileged and regularly supports a number of scholarship funds. He was inspired to do the latter after calling an ONU donor to thank him for the setting up the scholarship fund that helped him through law school. “I asked (the donor) what I could do to repay his generosity, and he told me if I ever had the means that I should set up scholarships, and that’s exactly what I’ve done,” says Hach.
“I pour my heart into each case. BUILDING REL ATIONSHIPS with my clients and EXCEEDING THEIR EXPECTATIONS bring me the most satisfaction in my work.” —Greg Hach, JD ’99
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HONORING LAW’S
LIVING LEGEND A
s a World War II veteran, Albert Baillis, ACIT ’82, Hon. D. ’15, served in North Africa, Italy, France, Germany, and Austria for 26 months. The destruction and chaos he witnessed firsthand during the war only served to reinforce his desire to become an attorney so he could help restore order to the world and contribute in some small part to peace and civilization. So, he earned his juris doctor and, after a few years in public service, he came to ONU to teach. The year was 1957, and Baillis would remain at ONU until his retirement in 1991. During this 35-year career at Ohio Northern, he treated all of his students with respect and encouragement. He was the very picture of classroom excellence, cleverly analyzing and explaining evolving legal principles with a sincere, friendly disposition. They called him “Old Sweet and Loveable” and “Agile Al.” His academic discussions were full of wheezies and whatzies, whozies and howzies, all used infamously as classroom examples and hypotheticals. In the classroom, students quickly became familiar with Baillis’ love of Cleveland’s sports teams, as well as his mythical friends “Rodney” and “Rowena.” In the community, he served as county court judge, president of the League of Ohio Law Schools, and president of the Ada Kiwanis Club. Through the years, Baillis served on numerous University and law school committees, and he received ONU’s Faculty Award in 1982. He was the first holder of the Fisher Chair in 1984, and he served as acting dean of the College of Law from 1975-77. But first and foremost, Baillis was a teacher. And perhaps more important than any job title or professional accolade is the personal impact he made on thousands of students who passed through the Pettit College of Law. Al Baillis currently resides in Harrod, OH.
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Dean Baillis played a special role in my class’s law school career in that during a time of great turmoil, he brought stability when he served as the dean.
—David A. Mansfield, JD ’77
As much as anything, he had a sense of humor that he brought to the classroom, and that trait meant much to me, and that was Al Baillis. —Michael A. Kennedy, BSEd ’63, JD ’66
Professor Baillis (as he was a professor when I attended the Ohio Northern University College of Law) was a great (maybe the greatest) influence on my continuing to attend the law school. —James R. O’Donnell, JD ’66
Not only did professor Baillis present our classes in a way that we could more easily grasp the material, but his classes were also fun. —Patrick W. Allen, JD ’65
A quiet, patient, and caring man who imparted the ability to understand the law and practice ethically and professionally, he was and is respected by each of those privileged to have been in his classroom. —Richard E. Parrott, BA ’59, JD ’60
A SOFT-SPOKEN, KIND, AND HUMBLE MAN, there is no question this very intelligent teacher loved his students and Ohio Northern University. In turn, students regarded him not only as a caring, excellent teacher, but as a friend as well. —David E. Bowers, JD ’69
and strong voice for excellent legal education during my attendance at Ohio Northern University. His contribution to the attending students’ legal education was outstanding and memorable even after all of these years. —Mark E. Aronson, JD ’78
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“Agile Al” (as we referred to him amongst ourselves) was always respectful of a first-year student who may have lost his or her way when called upon to brief their first case (provided you had prepared). The professorial questions would be skillfully directed in such a way as to bring forth the essential question of law and the rationale behind the correct rule applicable. A friendly smile always came with the classroom teaching-process of rectification of the correct opinion. —Evan Morris, JD ’65
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He was demanding and challenging, yet he presented his subject in an
understandable and often entertaining
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DE A N BAILLIS WA S A P OSIT I V E INFLUENC E
manner. —Richard P. Wolfe, JD ‘73
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Perhaps more importantly, professor Baillis had a reputation for being an honest and upright man. I am very proud that he was the individual who signed my ONU diploma. —Mary Eileen Holm, JD ’77 THE WRIT FALL 2015
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LIVING AND LEARNING IN THE CITY THAT NEVER SLEEPS Summer in Iceland’s Inaugural year HOW IT ALL BEGAN
SUMMERTIME ROLLS
hio Northern University and the University of Iceland (UI) go way back. For 55 years the two institutions have been linked, with student after student moving between Ada and Reykjavik.
In January 2015, the ONU College of Law announced the inaugural year of Summer in Iceland, the nation’s first ABA-approved study-abroad summer program in Iceland.
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It began in 1960, when Eugene Hanson, Hon. D. ’86, former dean of the College of Law, accepted an appointment as a Fulbright Lecturer at the UI. While there, he struck up a friendship with Ármann Snævarr, UI’s rector. Together, they devised a plan to create the Icelandic Legal Exchange Program (ILEP) between the two schools. Each year, students from UI travel to Ada to learn about law and life in America, while students from ONU travel to Iceland to learn about the ancient roots and contemporary practices of the Icelandic legal system. Today, the ILEP is one of the longest-standing law school exchange programs in the United States, and nearly one-fourth of the practicing attorneys in Iceland have participated in the program by visiting Ohio Northern.
A natural continuation of the ONU/University of Iceland partnership, this unique program gives law students the chance to live in and explore one of Europe’s most unique countries, one known for its blend of urban culture and incredible scenic views. Often called the “city that never sleeps,” Reykjavik provides students countless opportunities for exploration and discovery during its 24 hours of summer sunshine. Two ONU faculty members, Professor Kevin Hill and Professor Bruce Frohnen, and an Icelandic professor joined seven American law students and six Icelandic students for the first year of the program. The American students came from Ohio Northern, Barry University, Seattle University and the University of New Hampshire. The Icelandic students included both graduate and undergraduate law students studying in Reykjavik. “The mix of Icelandic students with American law students makes for interesting class discussions on a variety of topics ranging from the expansive notion of American jurisdiction to human rights,” says Hill. “It made for a nice mix. The Icelandic students had no familiarity with the Socratic method, common law decision-making, or briefing cases — an interesting challenge from a professor’s point of view.”
TRIP JOURNAL Monday, June 15
The summer began the day the group arrived with an informal get-together Monday evening at the Micro Bar in Reykjavik’s downtown area.
Tuesday, June 16
The next day was orientation, followed by a tour of campus. Eyvindur G. Gunnarsson, dean of the Faculty of Law at the University of Iceland, and Sigrún á Heygum Ólafsdótti, the administrator for the law school, provided the tour.
Wednesday, June 17
Classes began. The students took two or three courses, all located in the Árnagarður Building on UI’s campus. The courses included International Litigation in American Courts, taught by Kevin Hill, ONU professor or law; Comparative Constitutional Law, taught by Bruce Frohnen, ONU professor of law; and Law of the Sea, taught by UI’s Petur Leifsson. 10
Friday, June 19
On the group’s first free day, Hill booked a Gold Circle Tour. The trip covered about 300 kilometers, looping from Reykjavik into central Iceland and back. “Think of it as a field trip,” Hill says. The tour included a visit to Þingvellir, the dramatic outdoor site where the Icelandic Parliament met from 930 to 1799. “Located at Þingvellir is the legendary ‘logberg,’ or law rock, from which new laws were announced, judgments rendered, and sentences delivered,” says Hill.
Saturday, June 20
One ritual each American student “enjoyed” was a taste of hákarl, an Icelandic delicacy made from rotten shark meat. “It is best eaten quickly with strong liquor on hand,” Hill says. “It may be the worst thing I have ever tasted in my life.”
Wednesday, June 24
The group visited the district courts as the guest of Judge Skúli Magnússon. The judge discussed the unique nature of Icelandic trials, which stand somewhere in between the European and American models.
Wednesday, July 1
An Icelandic law professor hosted the American students at his apartment for an informal class on Iceland’s relationship with the E.U. Over beer and chips, the group discussed everything from banking regulations to fishing quotas. “At the end of the night, he quizzed us by asking us to pronounce Eyjafjallajökull, the name of a famous Icelandic volcano,” says Hill. “We failed.”
Thursday, July 2
The group visited Iceland’s District Court of Reykjavík (the basic trial court for Iceland comparable to a Court of Common Pleas in Ohio) and met with one of its judges, Skúli Magnússon. Magnússon explained the differences between trials in the United States and in Iceland. Magnússon, who was heavily involved in the project to rewrite the Icelandic constitution, explained the process at length and made some pointed observations about its failure.
Saturday, July 4
To celebrate Independence Day, the students participated in Reykjavik’s legendary nightlife. Because the sun never sets in Iceland in July, the party goes all night long. Shots of Iceland’s Brennivin liquor, known colloquially as “Black Death,” caused an early end to the celebrations for some of the party. Others stayed to witness the amazing sights of Reykjavik at 4 a.m. Hill reports that he was not one of them.
Tuesday, July 7
Students visited Iceland’s Supreme Court and Parliament
Friday, July 10
On this free day, the group made the two-hour journey to the Westman Islands, a rocky set of islands famous for their volcanoes and puffin colonies. “The children of the islands climb the steep cliffs and dangle from ropes to collect the eggs of seabirds. We all carefully declined an invitation to take part,” laughs Hill. The local children are also involved in puffin-conservation efforts. Special thanks must be extended to Eyvindur Gunnarsson, dean of the Faculty of Law at the University of Iceland, for arranging many of these activities. THE WRIT FALL 2015
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Francey Hakes, JD ‘94
“In that moment, Hakes knew she would MOVE MOUNTAINS to help Kimberly and others like her.”
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or her entire career, Francey Hakes, JD ’94, has possessed a single imperative mission: protect children. With steadfast determination, she rose from an assistant prosecutor in a rural Georgia county to the nation’s first national coordinator for child exploitation prevention and interdiction at the U.S. Department of Justice. “I’ve always had a burning desire to make a difference,” she says. “And I knew I could have a global and lasting impact if I was given the chance.” Growing up in an Atlanta suburb, Hakes loved watching “Perry Mason” on television with her dad. She admired hapless prosecutor Hamilton Burger for seeking justice and acting ethically, even though he lost every case. “I’ve always been attracted to the drama of the courtroom,” she says. “There’s nothing like it.”
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While engaged in undergraduate studies at the University of Georgia, Hakes read an article about a child rape victim who wasn’t able to testify against her perpetrator because of the Georgia procedural rules that existed then. The story inspired her to go to law school to become an advocate for children who were being sexually abused and exploited. “I was blessed with a big, loving family,” she says. “But there are so many children who don’t have that, who suffer from terrible abuse, and that’s just not right.” Hakes’ great-uncle Vern H. Hakes, PH C ’33, Hon. D. ’76, ACIT ’05, encouraged her to check out the Claude W. Pettit College of Law. She liked the idea of attending a small, personable law college after attending a large undergraduate institution. On the first day of orientation, she met her future husband, Kevin Gaulke, JD ’94, at the doughnut and lemonade table. They dated throughout law school and married a few years after graduation.
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VOICE VOICELESS OF THE
“As a Georgia girl, I found the cold winters in Ada to be quite shocking,” says Hakes, with a laugh. “And law school was a rude awakening. I had to buckle down.” But she loved the beautiful campus and the knowledgeable professors. She still applies many of the lessons she learned from her law professors in her work today. She also appreciated the practical, hands-on learning she received at ONU that gave her the confidence and know-how to tackle her first court cases as an assistant prosecutor. After graduation, Hakes accepted a position as an assistant district attorney in Columbus, GA. Within a few weeks, she was handed her first major case involving an 11-year-old named Kimberly who had been sexually abused by her father. The defeated little redheaded girl sat in Hakes’ office, looked her in the eyes, and implored, “Can you help me?” In that moment, Hakes knew she would move mountains to help Kimberly and others like her. She won the case and put Kimberly’s father behind bars for 50 years. Over the next six years, Hakes was lead counsel in dozens of criminal cases involving child homicide, crimes against children and other violent crimes in Muscogee, Dougherty and Cobb counties in Georgia. But she longed to move to a bigger stage in order to have a bigger impact. She interviewed eight different times for an assistant U.S. attorney position and was turned down eight times before finally landing the job. “I apparently have absolutely no sense of humiliation,” she says. “I knew if I kept persisting I would eventually get what I wanted. I am the kind of person who doesn’t take ‘no’ for an answer.” For 10 years, from 2002-12, Hakes served as an assistant U.S. attorney in the Northern District of Georgia working in national security and violent crimes. She was selected for the discovery project in the case against would-be 9/11 terrorist Zacharias Moussaoui, and she appeared before the Foreign Intelligence Surveillance Act Court in Washington, D.C. But her work primarily focused on crimes against children. Hakes quickly became a leading expert on technology-facilitated child sexual exploitation. She uncovered unimaginable crimes involving child pornography and abuse, all perpetrated by Internet pedophile rings that used sophisticated spyware and methods to get away with their crimes. She coordinated with local, national, and international law enforcement agencies to locate the children and bring their abusers to justice. But too many cases were impossible to crack, she says. “The worst part of my work was seeing these horrific images and looking into the eyes of a child being abused on a video and knowing I would not be able to find them and seek justice for them.”
As she grew frustrated with prosecution, Hakes turned her efforts toward prevention and education. She was honored to be named the country’s first national coordinator for child exploitation prevention and interdiction, working directly for U.S. Attorney General Eric Holder. Her position was created by the Protect Our Children Act of 2008, and she was tasked with formulating and implementing the first national strategy to prevent the exploitation of children. She testified before the U.S. Congress, briefed the White House staff, and worked as a Department of Justice liaison to the FBI and the U.S. Marshals, nonprofits, international agencies, and others working to help exploited children. After serving as national coordinator for two years, Hakes left her position to launch Francey Hakes Consulting. She now provides high-level training and consulting to schools, law enforcement agencies, technology companies, nonprofits and others on how to prevent child sexual abuse and Internet bullying. She also offers expert witness on civil and criminal cases across the country involving child homicide, abuse and bullying. “I enjoy sharing knowledge and information with people so they can go out and protect children,” she says. This spring, Hakes received a surprise phone call from Kimberly, the little girl she helped on her first case. Now in her 30s, Kimberly told Hakes she was attending college for a degree in law enforcement. Kimberly had followed Hakes’ career path and had never forgotten what Hakes had done for her. She told Hakes that she had not only saved her life, but also inspired her to keep going when times got tough. Kimberly received justice, says Hakes. And her case is why she plans to spend the rest of her career fighting to keep children safe. “My sheer stubborn will brought me to where I am today. I just don’t know how to give up,” says Hakes. “And underlying my passion to protect children is my conviction that the U.S. has the best system of justice the world has ever known.” Hakes and her husband, Kevin, live in Atlanta. She serves on the board of the Child Advocacy Center of Georgia and the Urban League of Greater Atlanta. In her free time, she enjoys reading and spending time with her 12 nieces and nephews. She returned to ONU this spring to deliver the commencement address at the 130th Law Commencement Ceremony. She was awarded an honorary doctorate at the event for her years of service in protecting children.
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A SK LO U P
rofessor Lou Lobenhofer joined the University in 1979. He officially retired last year, although he continued to teach during the 2014-15 school year as an adjunct professor of law. Now, with his final class behind him, we asked Lou to reflect on his more-than-35-year career.
WHAT ARE YOUR
POST-RETIREMENT PLANS?
I plan to do some volunteering, both at ONU Law and for other nonprofits, especially the church. I hope to spend more time with family, particularly my very cute grandchildren. I also hope to take up again some hobbies that have been somewhat neglected over the past few years, such as recreational reading, guitar playing, and golf. My wife has also mentioned that she has things for me to do, so I doubt that I will be bored. 14
WHAT ARE YOUR FAVORITE CLASSROOM MEMORIES? My best classroom memories involve watching the light of comprehension go on for students and seeing a class that can achieve a great deal more at the end of a course than they could at the beginning. Second best are the touching moments, as when this spring’s International Tax class decided to celebrate my retirement on the last day of class with homemade (from scratch) cake and juice. Third are the humorous moments, such as the student in Corporate Tax last fall who suggested that the answers to a multiple choice question should be “a. Unicorn, b. Rainbow, c. Butterfly, and d. $500,000 (correct answer).” Even better was when I managed to write such a question for the final exam, but the correct answer was not $500,000!
ARE THERE ANY MISCONCEPTIONS ABOUT BEING A TAX LAWYER? When someone discovers that I am a tax lawyer, I get one of two reactions: Either people step back physically or conversationally, or they share a story about one of their tax returns, probably seeking advice. Misconceptions: (1) Tax work consists of preparing tax returns. Tax lawyers generally don’t prepare many income tax returns. Instead, tax lawyers provide advice about transactions, help taxpayers structure transactions for a better tax result, help taxpayers comply with the tax laws, or represent taxpayers in disputes with tax authorities. (2) Tax work is largely numerical. Often the results come out in the form of numbers, but the work involves close reading of the law, careful analysis, good writing, and other skills akin to those of lawyers in other fields. Of course, if you are deathly afraid of numbers, tax is probably not for you. (3) Tax law is boring: Supreme Court Justice Ginsburg’s late husband, a tax lawyer and professor, argued that federal tax is the only truly amusing course in law school. Think of how far people are willing to go to minimize their taxes, and some of their methods are very funny. Since just about everything in the economy is affected by taxes, tax lawyers get to look into just about every other field of law. (4) Tax law is complex: Oops. Not a misconception.
DO YOU HAVE ANY ADVICE FOR RECENT LAW GRADUATES, OR ADVICE FOR STUDENTS GOING INTO TAX LAW? 1. Your people skills are critical. Develop your ability and comfort with face-to-face interaction and phone conversations. Not everything can be done by text and email. 2. Be prepared to work hard and to work long hours. 3. Keep your sense of humor. When your clients are behaving badly or unreasonably, the other lawyers are being difficult, and the judges are impossible, you will need it. 4. Ethical behavior is the most important thing. Crossing ethical lines for a short-term advantage will lead to very long-lasting damage to your professional future and your self-respect. WHAT WERE YOUR
WHAT ARE SOME FUN FACTS ABOUT YOURSELF THAT YOUR FORMER STUDENTS WOULD BE SURPRISED TO DISCOVER? I met my wife in chemistry class during our first semester in college. I have twice served as spotter for the radio broadcasts of University of Colorado football games.
WHAT WILL YOU MISS THE MOST ABOUT TEACHING AT ONU?
Working with and getting to know students. I love teaching, both in the classroom and outside, and I also love having the chance to meet and get to know the talented and interesting ONU students. I have probably learned as much from my students as I have taught over the years. For example, one of my students in the 1980s taught me about grain milling and commodities futures. Other former students have helped to shape how I pray. In almost every aspect of my life, a student or former student has taught me something of value.
WHAT WON’T YOU MISS
AT ALL?
Grading papers. Meetings of the faculty or of University and college committees. The meetings often produce good results, but getting to those results is usually not fun. Making sure that footnotes in my writings are accurate. Administrative red tape.
TOP FIVE FAVORITE THINGS ABOUT BEING A PROFESSOR OF LAW?
1
Teaching subjects that I enjoy learning about.
2
4
Working with students.
Working with great faculty colleagues and supportive staff.
3
Being able to pursue an idea or issue of interest to me without worrying about whether a client could properly be billed for it.
Through the Woodworth Lecture series, having the chance to meet some of the leading lights in tax law and policy in the United States.
5
THE WRIT FALL 2015
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TOP THINGS TO
CELEBRATE N
U LA
W
O
AFTER 130 YEARS
RANKED
ONU LAW RANKED BY ‘U.S. NEWS & WORLD REPORT’
This year, ONU Law moved up in the U.S. News & World Report rankings — to No. 145, which is tied with Dayton, slightly behind Toledo (142), and well ahead of Capital (unranked). We benefited from, relative to our nearby peer schools, high bar-passage and job-placement rates, a low student-faculty ratio, the relative success in a down market of our admissions team in bringing in quality students, and (indirectly) from the support received from the University.
A CONTINUED LEGACY OF HIGH BAR PASSAGE SUCCESS ONU Law was recognized as one of the top law schools in the nation for preparing students to pass the bar in the February 2015 issue of The National Jurist. According to the article “Best Schools for Bar Exam Preparation,” ONU had a first-time taker passage rate of 86.46 percent but was predicted to have a first-time passage rate of 82.45 percent based on the LSATs of the ONU bar takers. ONU exceeded that mark by 4.86 percent, which shows the added value that ONU provides its students. ONU’s three-year average overall passage rate places it first among the Ohio law schools.
STUDENTS COME FROM ALL OVER THE U.S. AND ABROAD In 2014, ONU Law had 12 international LLM students and a JD student body with students from 26 different states and 130 different undergraduate colleges. The entering 2015 JD class will have a minority representation of more than 27 percent and students from California, Colorado, Connecticut, Florida, Georgia, Louisiana, Illinois, New York, Texas, and Pennsylvania, among others.
ASSESSMENT-BASED LEARNING OPPORTUNITIES Because of its small size, ONU Law is able to develop an assessment-based curriculum. In a student’s first-semester Torts class, they are given the opportunity to prepare a number of written assignments that are designed to assist in the development of analytical skills. In addition, the smaller-section Legal Research and Writing course is designed to provide maximum opportunities to develop and improve a student’s legal-writing skills.
130 YEARS OF VALUE-BASED LEGAL EDUCATION Last December, ONU Law was named to the 2014 Best Value Law Schools list by preLaw Magazine, a publication of The National Jurist. ONU was the only private law school in Ohio — and one of only six private law schools in the entire country — to make the list, which The National Jurist created after examining a number of academic and financial variables, including the law school’s price of tuition, student debt accumulation, employment success, bar passage rate, and cost of living.
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RENEWED EMPHASIS ON ALUMNI OUTREACH Alumni are an incredible asset to the College of Law — they refer prospective students, teach courses, advise students, hire students or provide job referrals, and contribute financially. In the two years that Richard Bales has been dean of the law school, we have significantly increased the number of law alumni events, enhanced our support of alumni reunions, and reached out to many alumni on a one-on-one basis — making nearly 215 personal visits.
RECENT RENOVATIONS TO LAW BUILDING MADE POSSIBLE BY ALUMNI GIFTS A gift from Nick Amato, JD ’88, allowed the college to make a complete renovation of the Admissions Suite, making it much more inviting for prospective students. Nothing is stronger than a first impression. Gifts from Pat Allen, JD ’65, and Brandy Casper, JD ’67, will soon allow for a complete technology renovation of the small moot courtroom. This will significantly enhance our ability to teach students critical practice skills. For example, we will be able to record student performances from multiple angles, allowing professors to show — not just tell — students where improvement is needed.
A DOZEN GUARANTEED CLINICAL OFFERINGS Legal clinics provide our students with opportunities to enrich their education and add value to their degree. Three things set our programs apart: availability, flexibility, and student-centric guidance. Availability means 100 percent placement – plain and simple. If our students want to enroll in a program, we take every step possible to find them a spot. Flexibility means we work with students directly to shape an experience that perfectly suits their needs. Student-centric guidance means that, throughout a student’s time at ONU Law, they’ll develop close working relationships with seasoned attorneys who become advocates and mentors from day one.
OUR UNIQUE JANUARY TERM The J-Term is an opportunity for students to engage in learning experiences beyond the norm of the typical law school class. In a student’s first year, they are exposed to a unique curriculum that provides an intensive experience focusing on legal analysis and writing. In their second and third years, students can take regular courses or travel courses to locations such as Cambodia or London.
LLM PROGRAM ENTERS ITS 10TH SUCCESSFUL YEAR In 2015-16, ONU Law’s highly successful LLM in Democratic Governance and Rule of Law program will enter its 10th year. The program has brought to campus nearly 100 foreign lawyers from more than 30 countries, including Afghanistan, Kosovo, Botswana, and Liberia. With the introduction of the concurrent JD/LLM program in 2009, 17 students have earned both degrees in three years. To accomplish this, students in the concurrent program spend their summers working in rule of law and democratic reform all over the world. During summer 2015, 12 students worked in various agencies and government organizations in the U.S. and abroad, including Kosovo, Nigeria, and Malawi.
AN EMERGING AGRICULTURAL LAW PROGRAM Although relatively few ONU Law alumni identify themselves as “ag lawyers,” many alumni work in county-seat practices and have farmers for clients. Ag law is a broad field, encompassing everything from environmental law to tax law to estate planning. But it’s also very specialized – planning the estate of a farmer who is land-rich but cash-poor is very different from planning the estate of most other people. Last year, ONU Law offered for the first time a survey Ag Law course, taught by Amanda Stacy, JD ’11. The course significantly exceeded enrollment expectations. Building on that momentum, Stacy, Jeff Fetter, JD ’83, and other friends of the college are working to create a series of specialty ag law courses that will be available to students for law school credit and to local attorneys for CLE.
THE WRIT FALL 2015
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TARGETED
GI V I N G
Giving isn't just about money. It's also about giving of your time, talents, and resources
By Dean Rick Bales
O
ne hundred percent of the gifts designated to the College of Law go to the College of Law. Gifts can be designated not only to the college, but also for specific purposes within the college. For example, the Eugene N. Hanson Reading Room and the David C. Crago Rare Book and Special Collections Room both were made possible by designated gifts. I spend a lot of my time with alumni, many of whom are donors, large and small, to the College of Law. One of the great things about learning more about every alumnus is that I get a better idea of what’s really important to them and how I can help them direct their gifts accordingly. For someone who received a scholarship as a student, that might be a student scholarship fund. Other recent examples include: • A gift from Nick Amato, JD ’88, and the Amato Family Foundation to renovate the Office of Admissions, in gratitude for the help our admissions team gave Amato while he was a student. • A gift from Arthur “Brandy” Casper, JD ’67, and Pat Allen, JD ’65, both successful trial attorneys, to upgrade the technology in our moot court/mock trial room. • A gift from the entire Class of 2015 for the student premium coffee fund. I keep a running wish list of items large and small, such as: • Renovating the large first-year classrooms. • An annual speaker or program focused on specific areas of law, such as family, health, environmental, oil and gas, IP, or agricultural law. • Annual gifts to student organizations, such as Law Review, Moot Court, and the Student Bar Association. Another option for giving is the Enrichment Fund. This fund gives me the ability to take advantage of opportunities that arise after we have created our annual budget. For example, 55 years after Dean Eugene Hanson, Hon. D. ’86, established the Icelandic Legal Exchange Program, this summer, for the first time, we offered a summer study-abroad program whose startup costs required an investment made possible by the Enrichment Fund. 18
Many targeted gifts inspire others to give. Don Beran, JD ’64, endowed a student scholarship in memory of the Rev. Monsignor Francis Xavier Schweitzer, Hon. D. ’71, a Catholic priest in Ada renowned for community service; awards go to students who demonstrate those same values. Beran’s gift has inspired others to give to the same scholarship fund – including donors who otherwise had no affiliation with ONU or the College of Law. Similarly, when word got out about creating the Bruce Comly French Distinguished Practitioner Series, many of French’s former students stepped up to honor him. Of course, giving isn’t just about money. Jessica Glassburn, JD ’06, almost single-handedly organized our Fort Wayne alumni gathering this summer. Jim O’Donnell, JD ’66, attends innumerable alumni events and always brings his camera — you may see his photos throughout future publications. Our annual Public Interest Auction would not exist without the many items — often handmade — donated by our alumni and friends. Perhaps most important, many alumni refer prospective students and hire current students. Just as many of you attended ONU Law because a family member or local attorney recommended it, most of our current students attend because of your recommendation. Your professional success is our best advertising. Lawyers are givers by nature — we are in a service industry, and the happiest lawyers are those who define themselves as helping others. Consequently, I rarely ask for money. I’m a matchmaker. It’s my privilege to get to know our alumni and, when the right match presents itself, provide them with opportunities that both help the College of Law and make them happy to give. Helping someone give back, in a way that makes them feel good about themselves and significantly enhances our students’ experience, may well be the best part of my job.
SAVE
THE
DATE SEPTEMBER 17
Law Career Fair
H EY,
YOU UPDATE YOUR INFO
IT’S E A SY peasy lemon squeezy
SEPTEMBER 25-27 Homecoming Weekend
SEPTEMBER 25
Phi Alpha Delta (PAD) CLE Ethics, Professionalism, and Substance Abuse 2.5 CLE Pending Approval
OCTOBER 2
Kormendy Lecture (CLE) Focus, Self-Management, and Mindful Awareness of Law School and Beyond 1 CLE Credit Pending Approval
!
We love to hear how our alumni are staying busy. Keep us informed about job updates,
publications, awards, marriages, baby announcements, and more! To update your information, visit alumni.onu.edu/updateinfo.
OCTOBER 7
Dean’s Lecture (CLE) Originalism: A Thing Worth Doing ... 1 CLE Credit Approved
OCTOBER 16
Law Review Symposium (CLE) A discussion of the Intersection of Privacy and Emerging Technologies 5 CLE Credits Approved For more information or to register, go to law.onu.edu/events THE WRIT FALL 2015
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OHIO NORTHERN UNIVERSITY PETTIT COLLEGE OF LAW 525 South Main Street Ada, Ohio 45810
SAVE THE DATE ONU Law Supreme Court Admissions Ceremony Washington D.C. | June 11-13, 2016