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2005 LAWALUMNI ASSOCIATION BOARD OF DIRECTORS OTFTcERS PRESIDENT '79 RobertS. Ryan, Lexington,Kentucky SECRETARY '69 David E. Bowers, Lima, Ohio EX-OFFICIO PRESIDENT '79 JeromeL. Skinner, Cincinnati,Ohio DIRECTORS Mitchell Falber,'80 New York, New York '93 Villiam 14. (Mike) Gradisek, Philadelphia,Pennsylvania '63 BrianT. Hayes, Monticello,FL JohnnieL. Johnson,IIl,'70 \Tashington,D.C. Hon. BenjaminH. Logan,'72 Grand Rapids,Michigan '80 JeAnneD. Longenhagen, Canfield,Ohio Frank Macke,'75 Columbus,Ohio '93 JustinF. Madden, Cleveland,Ohio '94 Victoria U. Maisch, Lima, Ohio RaymondR. Michalski,'76 Lancaster, Ohio '79 Hon. Mark L. Pietrykowski, Toledo,Ohio GreyD. Pratt,'93 Pittsburgh,Pennsylvania '96 Philip R. \il/iese, Akron, Ohio STUDENT REPRESENTATTVE Curtis M. Fifner,L-2 Powell,Ohio
TH E WR I T F A LI2O O 5
PETTITCOLLEGEOF LAW TODAY FROM THE DEAN
- ^-. - .
FEATURES
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THE IMPACT OF TE,CHNOLOCY ON LE,GALE,DUCATION SteuenMiller
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LA\TCAREER SERVICES Cheryl A. Kitcben
Linda English
, T COLLEGEOF LA\r TODAY JO In Memoryof DeanEugeneHanson Professor Richard Haight Retires
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FACULTYSCHOLARSHIP Daniel S. Gu.":
HIGHLIGHTS FUND 32 HE,RITAGE 2OO5 33 HOMECOMING FACULTY NOTES 56
WRIT STAFF Editor: Cheryl A. Kitchen Text Editors: Lena Smith Mindi \Wells Lindsey Bowman TeresaStyer Christina \Wiley Design and Layout: Office of Law Alumni and Career Services Photography: Sherry Young JoseNogueras
The Vrit
is the official publication of the College of
Law on behaif of the alumni and the Law Alumni Association. The Writ is published once a year and distributed to alumni and friends of Ohio Northern University's Claude W. Pettit Coliege of Law. Alumni are encouraged to submit letters to the editor for possible publication on the law alumni web link. Letters, alumni notes, requests for reprint permission and manuscripts of articles should be sent to: Office of Law Alumni and Career Services Ohio Northern
University Claude W. Pettit College of Law 45810 525 N. Main . Ada, OH
(4r9) 772-1980FAX (4r9) 772-1487 wuu.lau.onu.edu Iaualumni@onu.edu
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OHIO NORTHERN UNIVERSITY COLLEGE OF tAW
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ACROSS THENATION. L IBRARITS LAllJCOLLTGT LIKT OHIONORTHIRN UNIVERSITY'S TAGGART LAl'JLIBRARY.'ARE SUBSCRIBIN6 TO IlANY ELTCTRONIC RESOURCES. INFLUENIE CIN LE6HL RE5EHRtH
THEYOFFERDI6ITAL FORllATS THAT6IVE LAIdSTUDENTS ACCESS TO RELEVANT L E G AILN F O R l l A T F I ORNO ITTH E I R( ] ,) I d I R E L ELSASP T OOPR( E) E T H E R N E T -
Ever more traditional areas of print library collections have been scannedinto or electronically submitted to large online aggregators,such as LexisNexis and'W'estlawthat have been around for more than a quartercentury. However, many universiry (e.g., Cornell Law Schoolt Legal Information Institute), government(e.g.,
C O N N E CDTE ES DK T O P .C . A C C E S CSA NO C ( U|Rl J H E T H TE HR EL A hS J T U D E INST . .. O NC A I 1 P O US RO V E R D S LP H O NLEI N E SO RC A B L]El O D E IAI ST H O I I E
es have been placed online either in HTML text or in Adobe PDF (portable document format). A'Web browser is neededto view any of todays digital images. Replica page images,however,need someLibrary of Congress's thing else. The Adobe' THOMAS), court (e.g.,U.S. Reader@ is neededto view and Supreme Court), and other free print Adobe PDF documents.a (e.g., Findlaw) and proprietary The impact that the Adobe (e.g., Casemaker\WebLibraqP) Acrobat sofrware company has web sites have developed over had alone on business,research, the past ten years. Many of and education is immense. theseweb sitesoffer free or More than 500 million copies low-cost accessto primary of the Adobe@Reader@have sourcematerial; such as cases, been distributed worldwide. statutes,and administrative For twenty-five years, regulations. LexisNexis and \Testlaw have aggregatedthese sourcesfor THEUEE BRCII..U5FR HNN legal researchers. However, HOCBE@ REHDER@ BRINS nearly dl of the display results on LEXIS and \Westlaware in THEHITUHL PH6E5 CIF 'W'estlaw does Ifi THEIO''NPUTERHTML format. BCIflI(s offer PDF images for many of 5iREEN its reporters. LexisNexisoffers More value-added,secondits Matthew Bender@loose-leafs ary sourcematerial, such as and treatiseswith PDF images legal periodicals,legal encycloof drawings and exhibits. pedias,newsletters,and treatisWilliam S. Hein & Co.. Inc. is
another leading publisher that gives legal researchersdigitized page imagesof (l) legal classics, (2) law reviews, (3) treaties and international agreements,(4) U.S. Attorney General Opinions, and (5) federal administrative regulationswith its five-year-oldHeinOnline database. Across the nation, law college libraries, like Ohio Northern Universiryt Taggart Law Library, are subscribingto many electronic resources. They offer digital formats that give law students accessto relevant legal information from their (l) wirelesslaptop (Virtual Private Network authentication) or (2) Ethernet-connecteddesktop (IP-addressauthentication) PC. Accesscan occur whether the law student is on campus or over DSLs phone lines or cable modems6at home (via a proxy server) or even from a wireless PDA at the beach (via password authentication).
LexisNexis (Reed Elsevier) and \flestlaw (Thomson-'West) are no longer the only big online legal information providers as they were twenry-five years ago. For example,\Tolters KluwerTand other vendors, such as'$7'illiamS. Hein & Co., Inc. and BNA, Inc. provide online products that focus upon a niche or specialized market segment. Unique databasessuch as the ten-year-old, Social ScienceResearch Networkt (SSRN) elibrary provide researcherstomorrowt social scienceresearchtoday. The Legd Scholarship Network is a division of the SSRN and has given law faculties much focused scholarly thought and insight. Companies like Google* Scholar BETAare providing more no-cost avenues for researchersto follow. Google* Scholar sprA allows one to searchfor scholarly literature, peer-reviewpapers, preprints, theses,books, abstracts,and technical reports
OHIO NORTHERN UNIVERSITYCOLLEGEOF LAW
THE WzuT FALL2OO5
from many areasof research.
iil FFLFirTiH[in[ ni[lTHL tFtHLFUBL|SHlnrr \William S. Hein & Co., Inc. giveslegal researchersmore than 700 full-text law reviews dating from first volume of each availablelaw review title. For example, HeinOnline gives the researcheraccessto volume one of the Harvard Law Review from 1887. Unlike LEXIS and \Westlaw; HeinOnline offers full-text coverage of law review articles with
actual page images,just as if you were reading the actual pagesof the journal. Similarly, \Westlawbegan providing PDF imagesof pagesfor many court decisionspublished in \7est reportersseveralyearsago. ProQuestt offers this PDF feature for those researchingpast issuesof the New York Times (dating from 1851) and the \Wall Street Journal (dating back1889). HeinOnline also provides actual page imagesof the Federal Register (1936-2000),
annual index volumes.After Januaryl, 2005, HeinOnline will offer new library modules. They include (1) Presidential documents, (2) U.S. Federal Agency Library, (3) the Statutes at Large, (4) the Code of FederalRegulations(starting with the 1938 edition), (5) federal legislativehistories,and (6) Philip C. JessupInternational Moot Court documents and materials. In December of 2005, Hein plans to make
sortia. In2005, a law librarian, researcher, scholar,or law student can combine many electronic resourcesto do a large chunk oflegal researchbefore ever opening a referencebook or viewing a paper document.
I]FFRINT I'ITFIRHTION F'I[ FLFITRilN1[ ii] THF RE5[UR[F5 RE5EHRIH IIIffTRIX This is not to say that books are obsolete,unnecessaryor unimportantonly that we are less
including every page of the
RES RCHERS lljILL]A11 S . HIIN & C0.'' INC.GIVESLEGAL ri
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FOREXAIlPL[.,HEINONLINE 6 I V E ST H ER E S E A R C H E R ACCESS TO VOLUIlEONEOF THEHARVARD LAIdREVIEU FRO1 ] ,18 8 ? .U N L I K LEE X I S HEIN0NLINE ANDlljESTLAhJ.' O F F E RFSU L L - T T X T OF LAIdREVIEllj COVERAGE A R T I C L EI dSI T HA C T U A L P A 6 EI I I A 6 E. ,SJU S TA S I F Y O UI d E RR EE A D I NT6H E S FT H E A C T U APLA 6 E O JO U R N. A L
OHTO NORTHERN UNIVERSITY COTLEGE OF LAW
dependenton them for finding, and retrievinginforaccessing,
print materialsover their LEXIS and'W'estlawcounterparts.
mation than we once were twenry or thirty yearsago. Certain boola arebecomingcritically important becausethey are not online and are neededfor study and researchand for purposesof verifying that which is found only online. Remembertoo that eventhe Ivy Leagueeditors' in Rule 18eof the current edition ofThe Bluebook:A Uniform Systemof Citation, "the bible" for proper legal citation, gives preferenceto citing to the text of
THFEIUF,!I:II:II<'5 FREFFRE|II:F FI:I R FR|II],qI-ITHilRiTLJ Accordingly, " The Bluebook requiresthe use and citation of traditional printed sources unless(1) the information cited is unavailablein a traditional printed source;or (2) a copy of the sourcecannot be located becauseit is so obscurethat is it practically unavailable. Only in thesetwo casesshould cita-
tion be made to the electronic
and data archiving standardsin
source alone."'n Sources found
the legalpublication industry
on LEXIS, \festlaw, and
makes it hard for The
Dialog, are given preference to
Bluebook editors to have confi-
open web sites "because of the
dencein web citations.
reliability and authoritativeness"" of such "commercial electronic databases."t' In contrast, web sites are viewed as a last resort to cite because of the transient nature of Uniform Resource Locators (URLs) that sometimes are literally "here today and gone tomorrow."
]-HFFinF[-{i!:Fil EtFR F55tl[iFTit]il Hil[ FLFI:TRil iIiI: I]LI-iiNE "J Ftjr_ri\lFtFitTS Remembertoo that the American Bar Association (ABA) definesvolumes of a law
This notion coupled with the
school library as only those
lack of consistent publication
which can be measuredin print
AREOBSOLETE., THISIS NOTTOSAYTHATBOOKS ONLYTHATtJT ARTLESS ORUNIIlPORTANT UNNTCESSARY., DEPENDENT 0N
CERTAB I NO O KASR EB T C O I l I N 6 l P O R T ABNETC A U S E C R I T I C A L ILI Y THEY A R EN O TO N L I NATN DA R T FORSTUDYANDRESEARCH NTEDED A N DF O RP U R P O SOTFSV T R I F Y I N 6 THATIdHICHIS FOUND ONLYONLINE.
THE WRIT FALI 2OO5
or in its microform equivalent. No uniform ABA standards have yet been adapted to measure electronic equivalents. Other organizations such as the Association of College and ResearchLibraries (ACRL) have drafted uniform standardsfor electronictide and volume counting for member libraries. Historically, the ABA has shown avery strong preferencefor measuring a library's volume count for its print and microform collecdon over a seemingly intangible electroniccollection. The ABA will not likely changeits view when reassessing the strength of law library collections and servicesin the future. Yet new revelationsof statisticalmanipulation of counting statisticsmay slow this inevitabiliry. For example, on July 3I,2005, Alex \Tellent story appearsin the New York Times alleging possiblemanipulation of law school dollars spent per student at the Universiry of Illinois.'3 In \Tellen's article, he allegesthat a top-tier law school reported the fair market value (i.e., 80 times the actual cost) of LEXIS and'W'estlawof what it would have paid last year for its students. According to the New York Times, a top-tier law school reported this figure to both the ABA and to the U.S. News and'World Report.'a \What a law school pays for providing legal education to its students is one of many factors in how it is ranked.
not currently online. Moreoveq they are source material not merely licensed from the publisher but actually owned by the law school library. But note some publisherslike H.V. \flilson are offering discounted salesof databasecontents to libraries, but they charge extra to update the information contents, maintain the database,and provide a searchengine. Commerce Clearing House (CCH) Incorporated and Bureau of National Affairs (BNA), Inc. are two very respectedand long-established publishers that offer a large arrayof print and online tax and businessproducts. Many of their online products are also available on LexisNexisand \Testlaw if you alreadysubscribe separatelyto the CCH and BNA products. Major legal treatises,form books, looseleafs,historical newspapers (some availablein a searchable PDF format as far back as 1690), directories,and many other legal print products are now availableon severalmajor online resources.Vendors such as Hein are now even digitizing legal classicsas far back as the early eighteenth century and putting their replica page image online in a fully searchable database.
RF5[I..iR[E5 FLEITRCINII I.iiIIUER5Ht R[[E55 NFFFR
Other online publisherslike Justis are giving researchers materials from the United Kingdom (UK) dating as far back as 1220 A.D. More than sevencenturiesof English case precedentis availableonline with the replica image of the pagesof The English Reports (1220-1873). Because American common law had its roots in English common law accessto English reports is still important in the modern age. AIso, the most authoritative
One important note to remember, however, is that electronic resourcescan potentially offer better access, retrieval, and cost-efficiencyfor most of what they cover than print or microform counterparts can offer to the legal researcher.Still, a print and microform collection can offbr verification from which to compare. They can be found as obscurematerialsthat are
lmH''rE5 n[LL! [iltulTlEnT Hnn F''IHILHBLE FRilM sFHRIHHFLE llt[] H,n,
seriesof published reports in English law, The Law Reports (1865-2005) is availablein PDF. UK Statutesfrom 1925 to the presentare provided as enactedincluding repealed legislation. European Union (EU) law is availablein the fully searchableCELEX database(1951-2005). The abiliry to searchthis vast array of Anglo-American legal material electronicallybecomes better eachyear as students, professors,librarians, and attorneyscan now use a Boolean, keyword, segment,or index searchstrategy.
W.ith todays technology and the right educational training, law students can quickly find and retrieve an impressive array of researchmaterial from their laptop computers. A student can retrieve (1) caselaw, (2) statutes,(3) administrative regulations,(4) appellatebriefs, (5) legal forms, (6) major treatises,(7) law review articles, (8) legal newsletters,(9) public records (10) historical documents, (11) newspaperardcles, (12) proceduralrules, (13) jury instructions, (14) legal encyclopedias(15) American Law Reportsannotations,(16) treatiesand international agree-
ments, (I7) realestaterecords F[L![HTiiliIHL (18) SEC and other TEIHNILNIY H'I[ ONL1NF in PDE corporate filings, (19) satellite PR[[U[TiU!TH
BY THEllIDDLEOF THETIdENTYIlANY FIRSTCENTURY.' ANDARCHIVISTS LIBRARIANS RECORDS IlOSTAllERICAN EXPECT IN A AVAILABLE TOBE 11ADT D]6ITALFORllAT SEARCHABLE DATIN6BACKTO THEBE6INNIN6 AllERICA.THE OFCOLONIAL THATTECHNOLO6Y INFLUENCE HASHADONLE6ALSCHOLARLY IN ANDEDUCATION RESEARCH CENTURY THELATEThIENTITTH
OHIO NORTHERN UNIVERSITY COIIEGE OF LAW
photos'5 (servingpapers)and (20) other researchmaterial. As a result, the correct use of this educational technology can saveboth researchand drafting time. For example,a sawy law student can identi$' the appropriate legal form neededfor an assignmentin severaldifferent ways. The student could obtain the form from a reliable online source and then tailor it to the fact pattern found in the asslgnment.
The processof finding and using online material could savemuch researchand ryping time and improve the overall qualiry of the work product. Thansferringthis online productivity to the law firm or corporate environment can help future attorneyswork on more cases,bill more hours, offbr more pro bono hours, and become more cost-efficientin their practice. The use of current online resourcesto
improve productiviry the qualiry of the work product, and saveresearchand drafting time is the most useful benefit to todays law student. A growing number of attorneyseven in smaller law firms are using technology in the workplace to do legal researchaccording to the ABAs 2004-2005 Legd, Technology Survey Report.'6
NF[I-I ENHHN[FflIFNT5 FVFRY VEHR
Last year, \Testlaw came out with its Smart Tools* enhancement that correctsspelling and improves searchesby offering alternatespelling, words, and searchterms. LEXIS has just come out with its Easy Search* feature,which provides search techniquessimilar to major searchenginesand something more suitable for todayt "Google" or "Yahoo" generation. Most vendorsput our new enhancementsperiodically.
THI PROCTSS OFFINDING ANDUSI G ONLINT IlATTRIAL
TRANSFERRIN6 THIS ONLINEPRODU(TIVITY TO THELAU FIRN OR CORPORATE ENVIRONIIENT CANHELP F U T U RAET T O R N E I dYOSROKNI l O R C E A S E SB.I,L L N O R H EO U R S O.F, F ElR lORE P R OB O N H OO U R S A .N, D B E C O llllE ORE C O S T - E F F I C IIENNTTH E I R P R A C T I C ET.H EU S EO FC U R R EO NN T L I NR EE S O U R T CO ES I I l P R O VPER O D U C T I V T I THYE.4' U A L I TO Y FT H EI d O RPKR O D U C ,S A V E ATN.D R E S E A RACNHDD R A F T I N 6
THF WRIT
FATI 2,OO5
O LIN OTHER ARE JUSTIS * HERS RESEARC THEUNITED ASF DATIN6 A.D. lrlORE ESO CENTURI NTI PRECEDE ONLINEllJITH Ir|A6EOF TH EN6LISHREP A11E BECAU$ $l HADIT R00 TO ACCESS LAId., c011110N REPORTS IS STILL EN6LISH
Lasrmonth, Vesdaw rolled out a new KeyCireoenhancement. !9'esrlawtKgâ&#x201A;Źiteo dlows the researcherto graphicallyanalyze casehistory. Kq{iteo is W'esdawtproprierary citator. ft is similar to Shepardtocitator on fuxisNexis but hasno print counterpartand hasbeen around for ten years. Both online citators examine casesdifferently, and both can and do producedifferent treatment, displal.'s,and results. Both are consideredthe best citators in the indusry ahhoughShepard'sthas enjoyed130 yearsof prestige and mpdque. Mosr law librarians now considerboth online ciratorsequivalentdespitemore than a ctnturyJong headstart for the Shepard'so print publi'$firh cation. rhe larest IGyCiteo graphicalenhancements, it makesit easierfor the legd researcherto follow the proceduralhistory of a semind or complexcase,wheremulti-
ple issuesor penieshavebeen consolidatedon appeal. This latest\festlaw enhancement makescheckingrhe authority and chronicling rhe history of seminaldecisions,suchas Miranda v fuizona'' or Roev. Wade,'' lessconfirsingbecause ir graphicallydisplap the procedurd history ofsuch cases. Anorher recent Westlaw enhancementincludesthe archiving of real propeny deeds in PDF. Both LDCS and Westlawgive researchers acess to real propeny deedinformation, but Westlawhasbegunto add the actualimageofproperty deedsin its DEEDIMAGES databasefile. Somebelievethat the actualpageimagesofpublic recordswill be archivedand madeareilablein a fully searchable format by LEXIS and W'esdawin rhe future. Wesdawchargesgenerally$25 per imagefor a real property deedto its corporateclients. Suchchargespale in compari-
son to what it would cost to travel to the courthouseto searchand copy theserecords. One might considerweighing the online coso againstthe cost of contacting the Recorderof Deed'sOffice in another counry or stateand the risk ofgetting tie correctrecordsin a timely manner for lesscost. LexisNexisohasintroduced SmartlndexingTechnology" to find the materialyou need quickly and efficiendy. kxisNexis labelstopics discussedwithin documenrs using sendardizedterminology. It can then be usedthrough the LexisNe<issearcheng.ine. Theseindex terms are kept in a uniform location within the document to maLethem easier to locate. Another development for LexisNexisusersis a product calledthe lexisNexiso Content on the Bleckberry WirelessHaadheld*. Ifyou a-rea student or attorneywho travelsa lot, and you need
information quickly, kxisNexis now hasa new product to help you. You can searchl,exisNexis or accessyour l,exisNexiso Publishertopics fiom your BlackBerryWireless Handheld*. Ler<isNexiso collaboratedwith BlackBerqP,a pioneer in providing wireless accessto professionds,to offer this new service." LexisNexiso hasdevelopedan eaqrtouse, BlackBerryinterfacedesigned to work with the BlackBerry EnterpriseServeror an equialent.4 This interfacewill allow the student to search bxisNexis content from his or her BlackBerryMreless Handheld with a singleinterface,LexisNexisoPublisher" allowsyou to accessa fi.rll array of respectednewssources.It usesthe filtering precisionof l,er<isNexisoSmardndexing Terhnology", and producesrelerant searchresults. ELEffRlnlt
REFEREnft
COLLEGEOF tAW OHIO NORTHERN UNIVERSTTY
RF5[L!R[F5 HRFIFTF'I THFFIR5I5TFP Ft,IFRHI..i.IHFRE Even preeminent law schoolswith large print collections, such as Harvard, Yale, and Columbia rely upon and offer electronic resourcesro their library usersas a first step in their researchprocess. The print collection is consulted nefi (1) for books,journals, and other full-text sourcesthar are not online; (2) for researchers who need to view the actual pagesof documents when no digitized (PDF) or microform page imagesare available;or (3) for researchers who need to read or study significant portions of the text of a book without the need to scan to points of relevant concern. Some law libraries have Electronic Resource Management (ERM) systems ERM tools and federated search systems are greaiy enhancing reference,acquisitions, and collection develop-
SerialsSolutions,23 Endeavor,'n and Innovative Interfaces,Inct5. ERM giveslibrary usersthe abiliry to get to and use any electronic resourcefrom a \ffeb-basedOPAC. Additionally, ERM giveslibrary usersthe abiliry to locate every availableprint copy and microform or electronic format of a particular book or journal volume. Moreover, they can access the electronic format of any book or journal article directly from the OPAC itself without going through any addirional steps. Additionally, Innovative Interfaces.Inc. has introduced the AirPac, which allows the student to searchthe library cataloguefrom a mobile telephone or Palm* devicewith wirelessaccess.26 AII library systems today are moving toward incorporating the featuresof enhancedfederatedsearching, acquisitions,and collection development components that will make it easierfor law students to find information and for law librarians to collect
more electronic-dominated library collection. The thinking among most law librarians and scholarstoday is that law school libraries will continue to collect traditional print materials in five discreteareas. They include: (1) books that are not also online; (2) monographs for perusing, rare books (perhaps or ideally as far back as the fifteenth century)i (3) items that have no acceptableelectronic or microform image counterpart; (4) more specializedareas of law book collections geared specificallyto the scholarship interestsand mission of the law school that distinguish it from other law schools;and (5) titles that are not realisticallyavailable through interlibrary-loan or consortia agreements." One legal scholar,who embraces such thinking, is ProfessorRoy M. Mersky" of the University of TexasLaw School. Professor Mersky is the Director of the Thrlton Law Library and Professorof Law and Professor of Information Science(|oint
non-online items as part of future law library shelves. Print collections in law libraries will changebut will not go away completely according to ProfessorMersky and others in the law library profession. Multiple copies of reporters,digests,Shepard's, encyclopedias,loose-leafs, statutes,journals, newsletters, and newspaperswill dwindle in significant numbers becauseof spaceand cost constraints. However, not all library marerials are online or easilyread or used on a computerfione screen at a time. These items will continue to be collected and kept in most law school libraries. Some law school libraries will become designated (non-governmental)regional book depositories33 and will transfer materials electronically over the Internet for a fee. Many law libraries alreadyhave ILLiad3a#whatis (last visited August 12, 2005). technology to do this today. However, the scaleof this rype of storageand transfer at regional storage facilities is forecastedto grow exponentially throughout the twenty-first century. The number of free or low-cost. netlending libraries will decreaseas a few private regional book depositoriesgrow in scope, depth, and service.
A L S OT. 'H EI l O S T AUTHORITAT SIEVRTI EO S FP U B L I S HR EE DP O R T S ( ] , 8 b 5 A O O 5 I N T N 6 L I SLHA l t j T . , H EL A l lR j EPORTS ) IS AVAILABLE I N P D F . U K S T A T U TFER SO I] l, 1 I 5 T OT H EP R E S T N AR TE P R O V I DA ES DE N A C T IENDC L U D I N R6T P E A LLEED6 I S L A T I O N .
THFFI-iTI-iRE ilF INL|NF RF5tlt.iRlES t5 UniiTiF!-rlllHBLE
ment work in law libraries today. Law libraries at Yale, Georgetown, and Connecticut, among others, have such ERM systems. Severalautomated library systemsnow offer ERM enhancementsfor their \febbased,Online Public Access Catalogue (OPAC). A few leading vendors include TDNet," EBSCO's Solutions, THE WRIT FALL 2OO5
data, assess the value of purchase,and make availableprint and electronic information in the future.
THFLHU5[H[[L TIBRHRV iNTHF|II[[FR|I UIRt[ Mosr law school libraries have begun moving toward a
Appointee) at the Universiry of Texas. ProfessorMersky has written many books" and articles3o and has given many lectures3tand presentedpapers3t on legal researchand information science. He is convinced that the future of legal research and education residesin an electronic-dominant environment with only rare books and
Most librarians and scholars are skeptical of attempts by Google'" and others to digitize millions of books, including law books35,which sit on the shelvesof many elite research libraries or perhapssomeday even the Library of Congressin \Washington,D.C. Prohibitive coststo Prevent the potential destruction ofrare books are seenas one formidable obstacle to such efforts.36Copyright issueshave also causedsome concern3T.Moreover, the abiliry to flip through and browse
through many pagesof rexr as quickly and as comfortably as one can do by hand in a book has never been achievedin the online world. Perhapssomeday through virtual realiry or cerebral technology,efficient browsing will be duplicated, but no vendor has done so rhus far. On the other hand, digital realiry givesthe researcherthe abiliry to pinpoint and collect obscureand identiS' seemingly unrecognizableinformation among the many pagesand
ormanvdirrerent 3::::iSeveralmajor organizations have been digitizing many key American documents for educational purposes.Historical documentsfrom (1) the
American Memory Project from the Library of Congress, (2) the National Archives and RecordsAdministration web site, (3) the LexisNexis@ U.S. Serial Set Digital Collection, (4) Readex'sEarly American Imprints SeriesI: Evans,and (5) the U.S. Congressional Serial Set (Documents and Journalsof the U.S. Senateand House of Representatives) are but a few of the many efforts underway to digitize, store, and make availablehistorical documents to researchers interested in American history, law, religion, and culture. By the middle of the rwenry-first century, many librarians and archivistsexpect most American records to be made
availablein a searchabledigital format dating back ro the beginning of Colonial America. Becauseof the digitization of the Early American Imprints SeriesI: Evans(16391800), we have some colonial piecesof history availablein a searchabledigitized formar, and more are likely to follow as part ofan ongoing preservation and educationaldistribution project. The influence that technology has had on legal scholarly researchand education in the late twentieth century has been immense. However, the potential impact that technology will have on legal education in the twenry-first century is nearly unimaginable. Accessto origi-
nal documents will be of great benefit to members of the academic communiry. Legal scholarslike ProfessorScomD. Gerber3T of Ohio Northern University often need to analyze a specific, original colonial document and not just a secondary source that references or analysesit for him. New technology and digital images of almost every original historic document dating back to the Magna Carta (1215) will help legal scholarslike ProfessorGerber rake a fresh look at rhe past. They can review the documents as they appear in their original format. The integration of book and electronic researchis not alwaysproperly articulated or
THEIrlPACTOF INFORr|ATION TECHNOLO6Y LAR6ELY . HtRETHT CANBE SEtNIN THECLASSROOIl INSTRUCTOR CANUSTCLASSROOll TECHNOLOGY TO ENHANCT THEEDUCATIONAL EXPERIENCE FORBOTH
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promoted in many law schools today. The proverbial "needle in a haystack" can easily be found through today's information technology, assuming the full-text of the chapter, article, or newsletteris online in the databaseone is searchirg. However, reading, or analyzing portions of a "haystack" is not a very comfortable experience on the computer.To read hundreds or thousandsof screens,screenby screen,can beagonizing. Researchers need to read, study, or analyze book chaptersand journal articles. To do so, the researcher usually prints out relevantportions of the e-Book chapter or E-journal article and reads those pagesperhaps later. This is analogousto reading an aheadyprinted book or bound journal volume, although new technology may someday eliminate the needto print.
t:LF55Riltltll rEIHnIL[[+ LHI_l_i FnilTFHlHrn[ The impact of information technology largely can be seen in the classroom. Here the instructor can use classroom technology to enhancethe educational experiencefor both professorand student. The use of Microsoft PowerPoint, the Internet, SmartBoards,and educationaltools (e.g.,'WebCT or BlackboardAcademic Suite'") have revolutionized the way most artsand sciences, business,engineering,and other undergraduateand graduate faculties in other disciplines now teach their classes. Many professorscan add a multimedia or entertainment dimension to their presentations, which arguably keepsthe interestof their students,who are more visual and multitaskoriented listenersand learners than their predecessors.
HS AO L LSSU C A l l j I T HS P E C I ATLD U C A T i OTNO ( A N P ' TSSORS OST U T B CO T RB L A C K B O APRRDO. F l l jET BS I T [ . ' TO A S P i ( I A LC O U R S ASSI6NIITN TS CD CTSS. JE |lJHER S T U D E NATRSEA L L O l J A OE NLY P R O F E S SAONRDS T U D E NCTASND I S C U SCSL A S S ASSES. US T S I DOTRB T T I d E(ELN ASSI6NNEO NT CANOC(URSIIlULTANTDISCUSS]ONS CHAT-ROO11
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\Mith specialeducational tools such as\WebCT or Blackboard,professorscan post assignmentsto a specialcourse web site, where only students are allowed access.Professors and students can discussclass assignmentsoutside or between classes.Chat-room discussions can occur simultaneously betweengroups and several personswithin different groups in the classabout topics covered in the course. Outside readings,online quizzes,practice tests,online surveys,web links, PowerPoint slide shows, and a host of other educational materialscan be uploaded easily to a'WebCT coursesite. At Ohio Northern Universiry VebCT is used by severallaw faculry members in the administration and teaching of their classes.Perhapsmost notable among Ohio Northern law faculty usersof \WebCT is ProfessorLouis F. Lobenhofer, who has used many facetsof \Yr'ebCTfor his tax coursesat Ohio Northern University. 'Within Microsoft' Office PowerPointslide show presentations, professorscan add movies, sound, clip art, graphical representations,and click on web links embedded in the text containedon their slides. Becausemany students today learn better visually rather than linearly, technology in teaching has becomemore important and can be more easilyimplemented than one could have imagined with a piece of chalk and a blackboard more than a decadeago. Professorscan edit their PowerPointpresentations in classand savetheir changes in their slide show to their \WebCT site. Students then can download the newly edited slidesto their laptops for further review. Some law courseslend themselvesto graphical representation better than others. (1) Real property, (2) wills, estatesand trusts, (3) intellectual properry, (4) taxation, (5) legal researchand writing, (6)
trial advocacy,(7) many seminar courses,and (8) cuttingedge,scienceand technology law classesare often best describedvisually or portrayed graphically to studentswho are visual learners. However. all studentswho learn better visually arguably benefit from such visual presentations.Some second-year and many third-year coursesthat are lessSocratic in nature than first-year law courses,and therefore are better suited for the newer technology in the classroom.In the upper level courses,the professor often lecturesand then class discussionfollows, whereasthe more Socratic "casemethod approach,"t'found in most first-year and some required coursesin later years,is more of a dialogue between teacher and student(s) than it is a presentation by a teacherand a discussionabout a particular presentationor topic during or after the presentation.
IN THF5[[RFT![ |T|FTHI][ THFTE!:Hil[Iil!-rllHL ti.itlRLil In the Socratic-based,casemethod-approach,the professor ofren teachesby asking student(s) a seriesof probing questions, designedto elicit meaningful and sometimesunpredictable answersand synergistic resultstaking the classto a much higher level of understanding than simply reviewing material within or outside the scopeof their casebook.The Socraticmethod is quite different from the lecture or presentation mode. Studentslearn by answeringquestionsposed by and questions the proFessor about the answersthey provide. Each question builds upon the previous answer. Reasoning behind answersgiven is critical to the Socraticmethod and to the casemethod. The reason why a court ruled the way it did in a caseis as important, if not more important, than the holding in the case. The
Socraticmethod is still seenby many legal scholarsas the propet way of tapping the student's reasoningabilities. The Socraticmethod is still employed in much of the firstyear and a few of the required second-yearcoursesat Ohio Norrhern. Two law professors who are most notable usersof an intensive Socratic approach in the "ProfessorKingsfield" mold ofThe PaperChase(1973)4' genre are Dean David C. Crago and ProfessorStephen C. Veltri. Both professorsare fearedand reveredfor their intense Socratic method of teaching at Ohio Northern. Both are known for their piercing questionsinto the relevant areasofcases and the reasoningbehind the holdings in the cases.-Whether SmartClassroomtechnology can aid in the classroomof the traditional Socratic teacher remainsan open question. Certainly, viewing and annotating electronic casebooks on laptops or ryping notes in classon a laptop or pocker PC is being done today. But then would SmartBoard technology aid law faculties in a Socraticmethod of teaching? M*y believethat in areasof real property, contracts, or wills, estates,and ffusts, the professor and srudent would be aided with short graphical presentations.Some might conclude that SmartBoard technology in 2005 would certainly help deliver educational presentationsin a multimedia matrix to a high degreein the electiveand seminar classesbut perhapsto a lesserdegreein first-year classes,where law professorswish to continue the traditional Socraticapproach that Langdell started at Harvard 130 yearsago. However, this too femalns an oPen quesuon. The overall educational experienceoffered in todays SmartClassroomis a leap beyond than what can be createdwith chalk on a blackboard or even with a TV monitor, cableTV, and a VCR
or a DVD player. The abiliry to neady packageeducational presentationsand save, distribute, and review them later is an enhancedfeature that the latest classroomtechnology has to offer today'slaw student. However,the interactivenature of the SmartClassroomis the unique feature it has to offer. Gchnology used in teaching the law arrived late at some law schools,but it arrived nonethelessat most law schools by the end of the twentieth century. Ohio Northern University's Pettit College of Law is certainly at the forefront in classroomand library technology. The Pettit College of Law is distinctive in having the following technological featuresin its Tilton Hall of Law building: (1) IEEE4'802.11b(10Mb/s)and g(54Mbls) wirelesstechnology presentthroughout the law college;(2) 10/100Mb/s Ethernet Cat5V'and fiber optic nerwork cable and the latest compadble wirelesstechnology throughout its Jay P Taggart Law Library; Q) a 3ODell PC computer lab (with laser printers); (4) a four-Dell PC auiliary lab (with a laser printer); (5) Ethernetand wirelessnetwork printing throughout the law college;(6)
attending collegefiatleastas an undergraduatefiin the new millennium. The dominanceof the digital format at our nation's law schoolsis only a matter of time. fu with each succeeding generation of collegestudents, this new generation, is even more familiar and more comfortable with microcomputer technology and digital information than the precedinggeneration. Being familiar with new formats of legal literature should transfer as the dominant market demand for electronic educational material in the next decadein nearly everyAmerican law school. Metaphorically, it's much like a tidal wave that cannot be stopped or slowed. But with proper management, this tidal wave can be harnessed for the good of all legal education, the legal profession, and for scholarly thought, research,and publication. Perhapsa glimpse of the future at many universitiesis the model in place at the Universiry of Texas. The main university library at the Universiry of Texas is moving most of its print collection out to its branch campus libraries and investing heavily in a state-of-the-art electronic library system.
subscriptionsto numerous online databases;and (7) a newly renovated,state-of-the-art SmartClassroom.
H NFLI.! 6FNFRHTIilN [F LHLU 5TUNENTS HNNH NFU5TYLFNF LFFRN!NT
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The further reduction in our dependenceon books as a first-step, researchtool might continue as each new generation usesthe computer as the center of its daily life much like the past five or six generationshave used books, newspapers,television, radio, and letters and landline telephonesas their primary meansof education, entertainment, news, and communication. As computer technologr is improved and perfected,so will its easeof use and its
At the University of Texas and other universitieswith a strategicvision and elecronic emphasis,studentshave been freed ofheavy textbooks to carry around in their backpacks. More books are now availablein a CD or web-format or as an eBook that can be checkedout of the library. Studentscan check out e-Books from libraries or purchasetextbooks in a CDformat. The space,weight, and time saving format has revolutionized the way many students use books while
cost of repair, troubleshooting, and security. Once thesefactors have reachedmore acceptable levels.instructional and research technology will be availableat every point along and every level within the educational stream from kindergarten to postdoctoral study. Educational technology will be availableat every elite researchinstitution to every community collegeor vocational school. Every wealthy suburban public school and remote rural school district in the country will have educational technology. The influence thar technology has had on primary and secondaryeducation has been immense. Likewise, the influence this technology will have on legal education will be truly immense becauseit will eventually force every law school in the nation to reassess its confidence in providing and guiding law students in finding and using the most reliable information in the researchand study of law, finding a job, building a career,and practicing law It will force 1gtutoalways i remain ahead of the educational
longer the
law students
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thinla and reactsopposite to how law studentsin the 1970's and 1980'shad communicared, researched,studied, and learned twenty or so years ago.ai Legal educatorsmust "put themselves in the shoes"of rodayslaw students and think the way they do and not the way they would have twenry years ago. As an experiment, perhapseducators might try ro communicare, research,study, and multitask on the laptop, the smartphoneaaor PDA much the same way a twenty-four-year-ol#5 law student does for a week. Perhapsthis would make all legal educatorsbetter understand that a lwenty-four-year-old (whether from YaIeor the Y 4CA) has a radically different view of life, education, libraries, and classroomlearning.
UNRE5flLIIF[ I55UF5FBII.IT IiJ-INFR5HiP, VFRIF[[HTIIN, HNN5F[L|RITH !NTHF INIINFUIRLil Despite the march to an electronic information
providing research,scholarship, and curriculum supporr at their institution. One such law college is the Universiry of Iowa. A toptier law college,Iowa has decided to continue adding law books to its print collection. Others too will continue to collect boola for many different reasons. Not all librariesand insdtutions are convincedof the stability and securityof the online world. The easewith which hackershave been able to compromisedata systemsand stealor modify recordsat major financial institutions and the number of cyber-attacksthat occur on data systemsthroughout the world is some cluse for alarm. Perhapsa paper back-up of a core collection would be a good thing to own. Added to this fear is the realization that almost none of the electronic data belongsto the library or institution. Access to the data is simply leasednot sold. Ownership residesin the hands of someoneelse. A publisher could decide which electronic i
research
center in the rwenry-firsr somelaw collegesha
in the data
. The has had
on this issuehas generatedgreat debatein the law library and scholarshipcommuniry. \Will decisionson the archiving of electronic data and all future legal publishing and scholarship be controlled by a handful of large corporate publishers? How might this impact scholarly thought in the remainder of this century? How might this affect the qualiry and growth of legal education and scholarship throughout the remainder of the twenty-first cenrury is still an oPenquesilon.
TFIHn[t[tvHnn D|5THN[F LEFRNINT The areawhere technology has had some inroads on distancelearning has been on continuing Iegaleducation (CLE) programs. The ABA and many state bar associations,like the Ohio StateBar Association, have CLE programs now availablethrough online CLE courses. However, the ABA and ABA-approved law schoolshave beenresistant resisrant to olferJ. offer I.D. or LL.M. online coursesro students. Many fully ac and time-honort lna
programsincluding Columbia, Cornell,a6Duke, Michigan,aT Illinois,Old Dominion, SUNY,4' Syracuse,\(/isconsin, and Villanova. The University of Illinois, Old Dominion, and Syracusedso offer live interactive audio-video from remote locations to their main campus. Over the past five years,a plethora of elearning programs have begun to sprour up all over the counffy.aeMany large universitiesnow offer at leasta few graduatedegree programs that can be earned partially online. However, no fully accredited law school has offered an online J.D. program. There are a few non-ABA-accredited law schools that offer online J.D. programs. Most notable among them is the Concord Law School that provides an online Executive J.D. and J.D. program. \Whether rhe ABA will reverseits opposition to online J.D. programs like Concord's is unlikely. The view of the ABA and most law school administrators that furure attorneysneed fo interact at a personallevel and need to immerse themselvesin the study of law beyond what can be currently provided in the online world is not likely to changein this decade. It remainsto be seenwhat sort of educationaltechnology would be neededro recrearethe traditional law school experience in order to allow even a partial online offering ofJ.D. coursesin the future. Ag"ir, some sort of advancedvirtual rediry or cerebraltechnology introduced later in this or the nexr cenrury might createthat experience. For now, educationaltechnology has not brought enough classroom,courtroom, and study roorn reality to the student's desktop,laptop, or PDA to make the ABA changeits position on distancelearning for any J.D. or LL.M. courseaccreditationin the foreseeablefuture.
Continued on page 17 THE WzuT FALL2OO5
THEI-IFII SITIHRT[tH55RL]I]iTi FT THEPETIIT [EEI.!T5 II]LLFEE NFLHII iN 5LimiTiFR I[il! Ohio Northern Universiryt Pettit College of Law is proud to announcethe installationof its latest SmartClassroom. It is complete with twenty-three, recessed 3.2GHzDell Dimension^ (Intel@Pentium@ 4) PC 4700 Seriesworkstations (with 512MB memory cards) and 17" flat panel monitors mounted and angled below the top of each computer desk in an integrated and ergonomic manner. Additionally, there are other state-of-the-artfeatures built into the new classroom including (1) an all-in-one, 3M* Digital \TallDisplay (SmartBoard),(2) an interactive Nomad'" Technologies, Inc. Multimedia Podium and PresentationStation (SmartPodium),50 (3) a Nomad'" Simpliciry Pad, (4) a TouchscreenControl System, (J) piped in cable-TV, (6) a Bosestereosound sysrem,(7) a built-in microphone system, (8) ergonomically and esthetically designed classroom furnidcally
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designedwoodwork, ceilings, and door. All the classroom technology was designedto allow both professorand student to teach and learn in a high-tech environment without the hindrancesof low bandwidth and information transfer speed,hard-to-seeprojector screens,or uncomfortable and awkward seatingarrangements. Much of the computer equrpment and furniture was selected and tested by commrttee primarily composedof AssistantDean Mindi L. \Wells and Information Technology Consultant LawrenceE. Baumgardner. To add natural lighting, a window was installed in the classroom. Bricks were removed and a hole cut out of the wall of the building to allow natural light into the classroom,but not without first considering the architectural and aestheticintegrity of the law school building. The 3M." Digital \WallDisplayintegrates the projector and display screen together. The projector is connected to the 60" diagonal screen. This allows a 170degreeviewing angle for flexibilirylis classroomseatingand desigXr.The projected image
has a 4:3 aspectratio, which is designedto display computer and video imageswithout distortion. The display screen also functions as a dry-erase, white board for writing notes. Electronic white board options make chalkboardsappearprimitive. The TouchscreenControl Systemallows the instructor to write on the board by using his or her finger on the touch screenat the podium. A separateTRANE* \Teathertront heating and cooling systemand thermostat were installed to regulatethe temperature in the renovatedclassroom. A Cisco Systems,Inc. switch5twasalso installedin the wiring closet near the newly renovatedclassroom,and fiber optic cable is availablefor instant,high-speedstreaming video. Fiber optic cableprovides neededbandwidth and network speedfor streaming multimedia. Becauseall of the studentsin the SmartClassroom(Rm. 127) are using powerful PCs on the sameVLAN (Virtual Local fuea Network), multimedia presentationswill work very smoothly and reliably. Having all of the FCs in the new SmartClassroom 0r{'the same
Cisco switch and VLAN connected to the backbonevia 10/100MB, Cat5E and fiber optic cable provides for a far more stable and faster network environment than any current wirelesstechnology can offer. The new SmartClassroomis the result of a major summer renovation project that has transformed Room 127 of the Tilton Hall of Law from a standard law school classroominto an interactive high-tech classroom. Students and professors can shareinformation instantly and give and sharepresentations in a much higher multimedia dimension. The other classroomsin the Tilton Hall of Law have had wirelessInternet accessand built-in audio-visual technology for severalyears. But no Tilton classroomhas been as extensivelyoutfitted for the new millennium as the new SmartClassroomin Room 127. Students can bring in their own laptop computers and plug directly into the campus network (or global Internet), or they may use one of the twenty-two built-in workstations. The Nomad* Technologies, Inc. Multimedia Podium and B,resentationStation has a ib.r'rrn..r, camera with a sppqial
lens that can significantly magnify documents or pages placed on top of the podium for all in the classroomto view on the 3M'" Digital Vall Display SmartBoard and on each student'scomputer screen.The Samsungdocument calneracan take pictures of the document pagesthat can be later incorporated directly into the multimedia presentation.A Samsungdocument carnera givesthe instructor the abiliry to show and gready magni$' documents to the class. Documents can be rotated and their color adiusted. This could be used for many educational purposes. Among rhem are legal researchand writing, evidence, trial advocacy,patent law, and technology law. Microsoft PowerPoint slidescan be shown from the built-in PC onto the 3M'" wall display unit. tansparencies can be shown through the document catnera lens and projected onto the 3M* wall displayunit. A
wirelessmouse, a remote control, and a wirelessCrestron TouchPad can be used during a professor'sor student's presentationin class. The SmartPodium systemis very versadle. The SmartPodium also includes a DVD and VCR recorder/player. \With special software,5'the professorcan control what is on the student's computer screenduring the presentationwhich is an added feature of the Nodmad Multimedia Podium. The new classroomis also equipped with security carnerasfor added antitheft protection.
TF5I.THI(INI ilNLHFIIP [[ffiFLIIER5 Not only in researchingand teaching have we seenthe influence of technology on legal education. Another areawhere technolog'has made inroads is in test-taking. Each year more studentstake their law school examson a computer. This is a
nationwide trend. Since most law students under the ageof twenty-five today have been typing on a computer since grade school rather than printing or writing on a tablet as generationsof students before them, many law students now prefer to take their examson a computer over taking them in a "blue book." Most can actually type fmter on a laptop computer than they can write or print on a piece of paper,which savessome time for them to read and think about answeringthe exam questions. M*y standardized testing is going this route including the Graduate Management Admission Test (GMAT@),essayportions of some state bar examinations (e.g.,pilot programs53 in Colorado, New Jersey,and Virginia), and most Bureau of Motor Vehicle driver license testing. Nearly everyonewill have the option of taking nearly every conceivablestandardized test on a computer within rhe
next five yearsbecauseof increased efficiency, accurucy, and securiry,and the availability of affordable and stable computer hardware, sofrware, security systems,and network infrastructures. At The Claude'\7. Pettit College of Law, professorsoften give students the option of completing their examson a laptop computer making taking exarnslessstressfulfor students. faculry and administrators. Law students must download proprietary sofrware5'from a web site thirry minutes before the exam begins. The exam sofrwareeliminates the same concernsthat bar examiners have about test taking on computers.55 Once completed, students print their exam answersto an assignedprinter in a securelocation. The law student'sexarn answersare then given to the instructor for grading. The proprietary software ryping program will not correct spelling or grarnmar
IS THL THENElljSIlARTCLASSROOIl OF A IlAJORSUIlIlERRENOVATIO RESULT ROOII THATHASTRANSFORllED PROJECT HALLOFLAIJFROII ],?7 OFTHETILTON LAUSCHOOL CLASSROOIl A STANDARD HI6H-TECH INTO AN INTERACTIVE ANDPR0FESS0RS CANSHAREINF0RIlATI0NINSTANTL,y STUDENTS ASl l U c HH I 6 H E lRl U L l 0N A N D6 I V t A N DS H A RPER E S E N T A TIIN T H ET I L T 0 I $ RL A S S R 0 0 I NI l S TIllEDIA D I N E N S I 0 NT.H E0 T H E C SS H A DI j J I R E L EI N TERNA EC T C E SASN D $ H A L LO FL A I dH A V E TA EL C H N O LFOO6R Y S E V E RY AE LARS. BUILT.IN AUDIO-VISU HO A lSlB E E N A SE X T E N S I V O E LUYT F I T CLASSRO B U TN OT I L T O N t ll NOi O l T H EN E I iSl I l A R T C L A S SIR T E DF O RT H EN E hl Jl I L L E N N I UAlS OlljN L A P T OCPO 1 1 R O OI1E1? . S T U D E NCTASNB R I N 6I N T H E I R ( ORRK P U T E RASN DP L U 6D I R E ( T LIY N T OT H EC A I l P UNSE T | J J O . ' I l A YU S TO N EO FT H ET U T N T Y - T h I O G L O B AI N L T E R N) E TO RT H E Y lljORKSTATIONS. BUILT-IN
OHIO NORTHERN UNIVEzuITY COLLEGEOF LAW
errors. Therefore, students,who chooseto type on a compurer rather than write them in a blue book would not be at any competitive disadvantageby turning in exam answersfree of spelling or grarnmar errors.
THFNFI.|.! LHFTilP [D'TiFLiTtn[ milnFLFt]R LFr-i-i 5[H[[L5T Overall laptop and computer lab use in generalis likely to changeat many law schools. One popular model that was presentedand discussedat the CAT 156Conference for Law School Computing@in Chicago on June 10,2005 is that of the pre-imagedlaptop compurer. Speakersfrom Mercer Universiry in Macon, Georgiaand the Universiryof Minnesota presentedtheir school'ssolution to the many headachesposed by having to support so many different types of laptops, hardware, operating sysrems, sofrwareprograms, and virus
problems. Both schoolshavea uniform, three-yearleasepolicy. A laptop program, somewhat similar to whar Tirlane University in New Orleans, Louisiana, had started in the late 1990's,law collegesat both Mercer Universiry and the University of Minnesota provide the samelaptop model, packagedwith the samesofrware and hardware oprions, spyware, and wirelesscards,to every law student for three yearsas a lease for about $500 per year. Under the Mercer and Minnesota laptop programs, information technology (IT) personnelwould install and upgrade all of the soffware neededon eachlaptop for this annual leaseprice. After acquiring laptops from a vendor, a test laptop is "ghosted." All laptops eventuallywould have the sameprograms and desktop imagesinstalled on their hard drives before they would be distributed ro everylaw student.
If there is a problem with a student'slaptop, troubleshooting and repair is much easierand lesscostly under this system becauseeveryonewould have the samelaptop hardwareand sofrware. If a major problem occurslike a virus or sofrware compatibility issue,the laptop's hard drive can be wiped and then reconfigurewith ghost programs.Softwareprograms like Symantec'sNorton Ghost* 9.0 allow Dell resellers(e.g.,SBBS Software& Consulting, Inc. with offices in Chicago and Phoenix), to burn an entire hard drive to CD(s). In the eventa laptop'shard drive needsto be rebuilt becauseof data corruption, a virus, or hardware failure, this task can easilybe accomplishedby using the Norton Ghost'" RestoreCD to return the image from the CDG) to the laptop'shard drive. Under this model, IT stafftime and internal costsare substantiallyreducedbecausethe
uniformiry of hardware and sofrwareinstallation for each law class. Uniformiry would help IT personnel predict the recurrence of computer problems. As a result,they would spendless time figuring out what is causing a seeminglyunique problem and how to fix each problem that occurs for each different laptop model becausethey would be encounteringthe sameproblems repeatedly.This would allow for more cost-efficient repair and downtime for the law student. The productiviry of both law student and IT professionalis improved by standardizing laptop leaseagreements,laptop models, hardware and software installations,and usepoliciesat our nation's law colleges. Additionally, under this system, university money now allocated to expensivecomputer "word processingand printing" labs at many institutions could be better usedfor multi-purpose
NOTONLYIN RESEARCHIN6 AND TEACHIN6 HAVEIdESEENTHE INFLUENCE OFTECHNOLO6Y ONLE6ALEDUCATION. ANOTHER AREA IdHERE TECHNOLO6Y HASIIADE INROADS IS IN TEST.TAKIN6. EACHYEARIlORESTUDENTS TAKETHEIRLAIdSCHOOL EXAIIS ONA COI1PUTER. THISIS A NATIONIdIDE TREND.
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teaching labs. Under the Mercer to harnessand not chasetechand Minnesota models,students nology to improve our educareceivea big price break on rhe tion in the classroom,the leaseof state-of-the-artlaptops library the courtroom, and the and other laptop hardware and world beyond law school. \We sofrwareproducts becauseof need to do this for our srudents, university-negoriared pricing. faculty, alumni, and all who At the end of three years,law come know us in the future. students at Mercer and The Ohio Northern Universiry Minnesota can purchasetheir Pettit College of l.aw is on the leased laptops for one dollar. thresholdof national promiThis rype of laptop program nencein many areas.It has might be the next phasein perachievedprominence in the larsonal educational technology at est classroomtechnology. .Ve many of our nation's law must not losesight of the limits schools. It is a cost-efficient of educational technology,and means of allocating IT time, must harnessits full porendal to money, and resourcesfor the take us placeswe thought once student and law college. The unimaginable. Our law college program benefitsthe student, now has the infrastructure, techprofessor,and IT professional nology, and personnelto help and helps the law school'squest take us to national prominence. for better legal education at a The educational technology and lower cost in the modern world. atmospherewe provide for The Future Is Here researchand learning makes us One challengewe face is that an ideal institution for faculty of chasingtechnology. \7e need scholarshipand the study of law.
IlANYLAUSTUDENTS NOllj PREFTR TO TAKETHEIREXAIlS ONA COIlPUTER OVERTAKIN6 THEI1 IN A BLUEBOOK.I1OS CANACTUALLY TYPEFASTER ONA LAPTOP COr|PUTER THAN THEYCANltjRITEORPRINTON A PIECTOFPAPER., lljHICH SAVES SOIlETIIlE FORTHTIl TORTAD ANDTHINKABOUT ANShIERIN6 THEEXAIl
IlANY S T A N D A R DT I ZTESDT I NI 6S 6 O I N 6T H I S ROUTEINCLUDIN6THE6RADUATE IlANA6ENENT ( 6 1 1 A T @ ) . , ADIlISSIO TN EST E S S APYO R T I OO NF S S O NS E T A TB E A RE X A N I N A T I OANNSDN .'OST B U R E AOUFN O T OVRE H I C LDER I V ELRI C E N S E TESTIN6. NEARLYIVERYONE UILL HAVETHE I O F T A K I NN 6 E A R LEYV E R(YO N (
OHIO NORTHERN UNIVERSITYCOTLEGEOF tAW
E.g., HP Compaq Tabler PC rcq)00, Lenovo/l BM l-hinkpa.l X4lTabler PC, etc E.g, HP iPAQ hx2+10 Pocket PC Dell 62+NIHzAxim KJO Pocket PC, etc. E.g.. PalmOne Tungsten E J2MB Handheld PDA 'Adobe't Reader" lor Palm OSo software is needed for handheld devices. Adobe''- Reader" for Pocket PC 2.0 is needed to view PDF documents with Pocket PCt, and Adobe"' Readero-for Symbian OS''' is needed to view PDF documents wirh Nokia SmarrPhones and Communicators. 'A d i g i t a l s u b s c r i b e r . l i n e( D S L ) connecrion is a very highspeed connecuon tnat uses the same wires as a regular teleohone line. Providirs like SbC Yahool' DSL offer residential, high-speedconnecrion to law i a d u l r y a n d s r u d e n r s , l i v i n go F l : campus wno can make more efleclive use oF the plethora of new electronlc research resources. Cable TV ofGrs a highspe-ed connecuon Io the lnternet trom a cable provider. Cable modemi provide much lasrer speeds than convenrional modems. 8.g., the Motorola SURFboard S84200 Cable Modem. tWolrers Kluwer is a legal pub' lisher thar owns CCH Incorporated, Kluwer Law International, and Loislaw.com, Inc. ' Compiled by the editors of the COLUMBIA LA\r REVIEV the HARVARD LA\f REVIEW the UNIVERSITY OF PENNSYLVANIA t {\7 REVIE\7, and THE
YALELA\TJOURNAL. ,THE BLUEBOOK: A UNI. FORM SYSTEMOF CITA. T I O N 1 5 1 - 6(11 S t he d .2 0 0 5 ) . ' oI d . a t 1 5 1 . rr Id. " Id. '3A.lex!7ellen,The 8.78 Million Dollar Maneuver, NE\TYORKTIMES, (EducarionLife Supplement), 1ec.44. p. 18.col.-l-,July 3 t, 2005. 'oId. " Gooqle* Earth Btth "combinessirelliteimagery.maps and the poweroFGooejeSearch topur rlie world'sgeo[raphic .. intormauonat your trngertrps. GoogleEarth R Explore]Seirch and Discover, (last http://earth.google.com visiredAuguir 12. 2005). ,OAMERICAN BARASSOCIAIION, LEGALTECHNOL. OGY RESOURCE CENTER, 2OO4.2OO5 LEGAT TECHNOLOGY SURVEY REPORT (2005) (fuchardJ. Vttenson, Director and Catherine Sanders Reach,AssociateDirector). '' 384 U.S. 436 (1966). ' 84 1 0 U . S . 11 3 ( 1 9 7 3 ).
or (J) a third-parryprovider equivalentLothe BJickBerry tnterpnse Server.see LexisNexis@ Content on the Blackberry\iTireless
THE WRIT FALI 2OO5
Handheld', hnp://mrrv.lexisn e x i r . c o mh/ a n d h e l d(/l a s rv i s i t e d A u g u s t1 5 ,2 0 0 5 ) . r" Ifyou usea rhird-parry p r o ri d e r .I P , a u r h e n r i c a r inorna y not wofK
td.
'' LexisNexis! Publisher, http://www. lexisnexis.com/pub(last lisher/ visited August f5, 2001). tt TDNet e-Resource Manaqer, http://tdnet.com (last visited Augusr 12,2005). tt
Serials Solutions Access ano M a n a g e m e n r S u i r e , h r rp : i i : e r i a l s s o l u t i o n r . c o m / a m s . a rrpr a s t visired August 12, 2005) '' Penny Emke,"Endeavor Debuts Meridian at Al-4, Annual Conference: Library Technology Leader Unveils' Advanced Svrrem For tfficienr, Effective, Eior-romic Manegement of Elecrronic Resoulces," Endeavor Corporate News (fune 26, 2004), available ai http://wrr,lv. endinfosys.com/cei bin/news /viewer.cgi?ID=6 (last visired August 12,2005). f^
" Innovative Inrerfaces ERM, httq://www. iii. com/mill/digi" tal.shtml#erm (August I 2,
2005).
'n Millennium AiTPAC is designed for wireless devices while searchine a librarv caralogue from a riobiJe telephone oiPalm' device. Librari, parrons can walk around the Iibrary stacks with the Milleirnium OPAC in "the palm of their hands." Users could (1) place a hold from a classroom, (2) check due dates, (J) renew items during a.long commute, or (4) searcTrthe cata l o g u ew h i l e r u n n i n g e r r a n o sr o f i n i l t h e c l o s e s rI i b r a i y b r a n c h . Innovative Inrerfaces--\fleb OPAC--AirPAC, http://www.iii. com/mill/weboo ac.ihtml#airpac (last visited Augusr 15,2005). M. Mersky, "The Future " rRoy r ' of Law Librarianship: There Is No Future" (lecture-given at the annual Computer Se-rvices Special Interest Section Busrness Meeting of the American Associaiion of Law Libraries in
"Beyond rhe Stacks, BC Law Mafazine 15-19 (Spiing/Summer 2005). 'Rqy
M. Mersky is the Harry M. Reasoner Reqents Chair in Law, the Elton M. Hyder, Jr. and Manha Rowan Hyder Centennial Faculry Fellowship rn LaW tne LJlfector ot Research, and Professor, Craduate School of Information Science ar Thc Universiry ofTexas School of Law's Jamail Center for Legal Research in Austin, Texas.
,n9.s., RoY M. MERSKY 6. DONATDI. DUNN, FUNDAMENTALS OF LEGAT RESEARCH (8th ed. 2002); (with \fILLIAlvl D. BADER) T H E F I R S TO N E H U N DRED AND EIGHT IUS. TICES: STATISTICAi STUDIES ONTHE SUPREME COURT OF THE UNITED STAIES (Buffalo, NY rWm.S. Hein & Co., 2OO4). 'o E.9., Roy M. Mersky, "Teclrnolo'syand the United StatesLega-lSystem: I ncreasing Accessibifi ry,"'in Cadernosdo"
Plograma de PUsGraduaA,,o em Direiro 2004, vol 2 (1), 106112; (with Ktunar Pclcv) " T h e S u p r e n r cC o u r r L n r c i ' r h e I l l r c r n c lA g e , ' 6 3 ' l b x a : B a r Journal.5(i9 (?000), and "Legal Research and Vriting," lntegrared Legal Re.carch .3, 1 & 2 . - ( W i n r e r ' i q 9 0 n l q 9l ) . I n r . ' E.g.. Roy M. Merskv, The Futurc of Law Librariinship: There Is No Futr.rre" (lecrure given at the annual Computer S c r v i c e rS p e c i a lI r r r e r e s 5r e c r r o n B u s i n e s sM e e r i n g o f t h e American Associition of Larv Libraries in San Antonio, Texas, "Designing a luly !7-, 2005); L a w r . t D r J r yr o r t n e l \ e \ \ Millennium" (lecture given at a seminar lor the Faculty of Larv, Australian National (Jniversrrv i n ( . a n b e r r a .M a y ) 2 . 1 9 9 9 ) . ' E.9.. Roy M. Merskx "Whv We Srill Need Books, or, Bad' News for Trees" (papcr prc5enred to rhe Universlrv and Research Librarv Section ofthe Ausrralian Narional Universrry in Canberra, April 18, 1999). ' Such deposir,oriesrould nor ru.n Dy^rff u.).,uovernmenr Re. l'rinring Office. They would be operare"d under privaie conrracr ano consofl la agreements. 'fhere could be some limired g o v e r n m e n r r o l e s e p a r a t ef r o r n ihe currenr lederal ind srate depository systems ri ILLiad is the electronic system for Interlibrary Loan & Document Delivery Services. The name ILLiad ii an acronym for Inrerlibrarv Loan l n t e r n e r A c c e s s i b l eD a t a b a s c . For further information, see ILLiad @ Ohio Universiry L i b r a r i e s .A r h e n s C a m p u s , FAQs abour ElectroniC Requesring and Deliverv Using
e x p a r . r d e de d i r i o n , 2 0 0 2 ) ; S E R I , ATIM: THE SUPREME couRl BEFORIj6Fl5 MARSHALI. (New York Universirv Press, I 998) (editor ar.rdcontiiburor) ; 1'O SECURE THESE RIGHTS: THE, DEC_ LARATION OF INDEPEN. DENCE AND CONSTITUTIONAI, INTERPRETA_ TION (Ncw York Universiry Press,1995). r', Thel 30-year-old, case method approach to teachinq law school was first developEd by Christopher Columbus Langdell af the Harvard Law Schdol in the late 1870's. Afrer Harvard adopred the case method approach, Columbia Law Schobl soon follorved, and the rest of the narion's law schools embraced it as thc prelerred merhod of reachins law school. '" Actor John Houseman was cast as Professor Kingsfield in a movie about a first-yEar law stud e n t w h o r r r u g g l c sw i r h b a r a n c ing his courseiiork and his relationship with a stern professor. '' IEEE is a non-profit, technic a l a n d p r o G s s i o n a la s s o c i a r i o n of aboui J65,000 members in I 50 countries. Its full name is the Institute of Elecrical and Electronics Engineers, Inc. The I E E E . i s r h e l e a ? i n g . a u r h o r i r yi n t e c h n l c a l a r e a sr a n g t n g f r o m comPurer. englneelng ro aerosPace englneerlng ro consumer electron lcs. t'Cat5E
is the abbreviation for
I LLIaC!
htp: //illiad.library.ohiou.edu/i1l iadathens/faqilliad.h ml t' Seee.r.,Many M. PzuNCE, BinnpR'sDrcr-ros.q,Ry oF LEGAr (2000) disABBRr.vrArroNS p l a y e di n C o o g l e P r i n rF t t A , (lasr h rrb://print.go"ogle.com visiiedAuguit z-7.200r. 16For criticism about Google's effortt to digitizemillions-of books at five top research libraries. seeMark Y. Herring, "Don't Get Gooele-EyedOvEr GooglesPlanro-Dieiiize,'' The Chro=nicle Review:Foint of View, THE CHRONICLE OF HIGHER EDUCATION, March 11, 2005. But see JeffreyR. Youns, "From Guteirbergto doogle," I nformatjon'lechnology, THE CHRONICLE OF HICHER EDUCATION, June3,2005 for a more balanledview of Cooglesdigirizationprojecr trom flve scholars. ' For copyrighrconcerns,see L)an Carnevaleand Ieftiey R Young,"Publishers' Groub Asks Goog)eto Stop Scannins' rr+" ' X. LopyngnteoWorkstor 5u M<irirhi" Informarion Technology, THE CH RONICLE OFHIGHER EDUCA. TION, July 1, 2005. roA proiific writer, Professor Scott D, Gerberhasaurhored numerous law review afticles, book reviews,and op-eds. The followingbook areamonghis writings:-THEDECLARATIONOF INDEPENDENCE: ORIGINS AND IMPACT (CQ Press,2002) (editorand contributor);THE IVORYTOWGR: A NO\4,L (University Pressof rhe South, 2002); FIRST PRINCIPLES; THEJURISPRUDENCE OF CL"A,RENCETHOMAS (New York University Press,1999;
ate connected to lANt wirh Cat5E patch cables that run on 1000 Blse-T, 100Base-T, or i0Base-T nerworking. or See Diane
Murley, "\7hatt the Matrer with Kids Today?," Perspecrives:Teach ing Legil R e s e a r c ha n d W r i t i n [ , u o l l J , no. 3 (Spring 2005)." " One such device is the Tieo"' smartphone. An innovative device by palmOne enable students to-hive wireless Internet access,reference tools and remote file management. Education @ Palir, h ttp://www. pal m O ne.com/ed ucation (lasr visited August I2,
SmartPodium model used ir-r the Scotr Peterson trial in Modesro, California in 200405. Similar Nomad'' -lechr-rologies rnodels are used in Oiceola e.,unry C,,urrhoure in Kissimmee, Florida. t' In this reference, a switch is a device that filters and forwards packets between LAN segmen ts. i'At the Perrit of College of t.aw XCI-ASS Classro6m Management Software was installed at the built-in PC at the SmartPodium ro enaDre professors to broadcast thc same lesson ro all rwenry-nvo PC statlons ln the classroom. XCIASS also prevents students lrom E-maiJing, \Veb browsing, o r p l a y i r r gg a m e s o n r , h eP C s , a p r o b l e m m a n y l a w s c h o o l sh a v e experienced wirh some ovcrly mulil-tasKlng students. XCLASS, htip://wrwv.suntechgroup.com/clissroomcon trol/ f u n c r i o n s . h r m ( l a s rv i s i r e d Augusr 21, 2005). Srudenrs, ho*ever, could still rext nrcss a g e ,e . g . , o n S p r i n r o r V e r i z o n c e l l u l a r " p h o n e i i n c l a s sb e c a u s e no one iould block telecommunications carrier signals unoer federal law. Also, itudents, who ,h"if PCs, could ,u'. :yr.r.laprop b y p a s sX L L A 5 5 . O n e o f r h e limitations of rechnology is rhat there is no complete colitrol ovef classroom eilquette. " Studenrsmust sign up in a o v a n c e t o u s e t , n e r rl a P t o p comPuters to (ake rhe essay poruon ot tne \tate bar examrnation. They must have installed the proprierary software approved b-y the state bar examiners. E.g., Securexam'D from a Softwaie Secure, Inc., a p i o n e e r i n r e s r i n g s o F r w a r ei s approved by seve-ralsrare bar examiners. Securexamt eliminates the possibiliry offile-snaring, Internet-searching, E-mailtng, of communtcailng answers wiih anyone while raklng an exam. Once complered, rhe resr taker prints our his or her exam answers to an assigned Prlnter ln a secure locatlon. The exam answers are then given to the bar examiners for grading. P-rograms like )ecurexam" wtll not correct
2005).
^ Twenry-lour is the,average age lof enteflnglaw stuclentclass for rhe Ohio Norrhern Universiry Pettit Colleee of LawiiClaisof 200B.
I U n i v e r s i royF M i c h i s a na r Dearborn. a8The State Universiry of New IOTK. aoSeeJudith V Boettcher, 'elearning: Are \fft Making a , h
rvloney: Lampus technotogy. ygl _18,no. 12:56-57 (Augusr 2005). toThe samemodel of the Nomad'" Technologies,Inc. SmartPodium installed the Ohio Northern Universiry College of lawt Smart-Classroomis the same
errors. tn Extegriry
LLCExam4'" exam softwaie, ihe armored word processor'"' for law school an<l Daf examtnatlons, h r tp://www.exregriry.com/ (last visired August 12, 2005). File-sharing,web browsing, r.-maillng, or snanng answers with any6ne while riking rhe examlnatl0n. '' Since | 991 , the Center lor Computer-Assisted Legal lnstruction in Chicaeo-has held a four-day conferencE every year in Chicago, Boston. Durham, N.C.. Eugene, Oregon, or Seatrle. At the CAILI Conference for Law School Compuringt, law professors, librarians, admi nistrators, rechnoloqy specialisrs and personnel, ind'vendors from'che U.S,, Canada, and other counrries present, discuss, and review the IatestIibrary, classroom, adminisrrative, laptop, and network technologles.
OHIO NORTHERN UNTVERSITYCOLLEGE OF LAW
CoLLEGE oF LAw COMMENCEMENT vtAY
| 5, 2()()5
Dmlrr S. Guv
hio Northern UniversiryCollegeof Law celebratedthe 2005 Commencemenrceremony,Sunday,May 15, 2005. The Collegeof Law graduated 82 studentsin the Classof 2005. PresidentKendall Baker and Dean David C. Crago presidedover the ceremony. Edward Paul Canterbury ofAtr<ron, Ohio, who ranked astop student in the graduatingclass,deliveredthe student address.GraduatesSeanAllen (Charleston,South Carolina) and Ebony Huddleston (Godfrey,Illinois) gavethe invocation and benediction. Feature vocalistswere graduateScott Dale (\Wheeling,\WestVirginia) and Donald Hannah (L-1, Alexandria,Indiana). During the graduauonceremony, ProfessorEmeritusDaniel S. Guy, who servedas the dean of the College of Law from 1978 to 1984,was awardedan honorary degreefrom the Universiry. President Kendall Baker and Dean David C. Crago presentedthe honorary degreeto Dean Cuy. Dean Crago also assistedthe tenured faculrymemberswith the hooding of each graduate,followed by PresidentBaker's presentationof diplomas. BrigadierGeneralDavid P Carey, Commander of the United StatesLegal ServicesAgenry and the Armyt chief judge, deliveredthe commencemenr address.BrigadierGeneralCarey,is a 1977 graduateof the ONU Collegeof Law and native of Springfield,Ohio. He hashad a long distinguishedcareerin the U.S. tumy JAGC beginning asa JAG officer in Fort Devens,Massachusetts. In 1992, he becamethe ExecutiveOfficer for the JudgeAdvocare,U.S. fumy, over the Europeantheatre.In 2001, he waspromoted to General.His awardsinclude thc Legion of Merir with two Oak Leaf Clusters,Meritorious ServiceMedal with three Oak Leaf Clusters,Army Commendation Medal with Oak Leaf Cluster, and the Atmy Achievement Medal.
Tbe follouing is Brig. Gen. Dauid P Carey's commencement address: "LEADERSHIp AND LIwyERING" [ C o N r r N u E D c > N N E X Te A C E I
THE WzuT FAIL 2OO5
Baker,facultyand adminDeanCrago,President istrators,family and friends,and most important, graduatesof the Ohio NorthernUniversityPettit Collegeof Law: I promiseto be quick aboutthis. My big boss, PresidentBush,has often remarkedhow much he enjoysreceivingadvicefrommilitaryofficersbecause of time the importance they understand brevity. and appreciate
li' i t ii1,r1,:',"'r'J
In my case, my son gaveme an enduringlessonin the beautyof brevity.Whenhe was in 7th grade,he was assigneda projectto write a book reporton Julius that my son is, he began Caesar.Greatprocrastinator the projectat bedtime,the nrghtbeforeit was due. I was impressedwhen he broughtit to me for "final And it was succtnct: editing"afteronly20 minutes. JuliusCaesar. Greatgeneral. Won manybattles. Gavelongspeeches. T h e yk i l l e dh i m . it is for me to comehometo Whata hugepleasure feeling remember Ada.I saythatalthoughI distinctly very anxiousto leaveAda 29 yearsago.NotthatAda is an unhappyplace;I hada greattime.I was single. then). I actuallyliked3.2 beer(theonlydrinkavailable mainlyto seewhereNFL Familywouldvisit-although footballsare made.Beautifulautumns;spectacular big fan of thatseason springs.I wasn'ta pafticularly i n th e mi d d l e . But let'sfaceit, afterthreegruelingyearsof study, a changeis welcome.And, even thoughyou may havecometo feelthat OhioNorlhernis your home, you eventually outgrowhome.And, you'regoingto get turnedout. But, we know you'reready.You are well preparedto starlout on this nextadventure. You know that; your professorsknow that; and Dean Crago knows that. lf I could digressfor a man and a moment,Dean Crago is a remarkable dean- and,Dean,I likewhatyou'vedone wonderful withthe place. As an alumof thisgreatschool,I am so proudof just for you, but for all of us what he is dorng-not alums.Whenyou graduateand claimalumnistatus,
you will know what I mean about being proud of your law school. When you witness dramatic improvements in the reputationof your school in such a brief time, when you hear other lawyerstalkingabout your schoolas nationallyrenowned,when you observethe quality faculty and administratorsassembled here; you understandthe pride I feel. Dean Crago, thank you for your vision,your energy,and your leadership. And leadershipis what l'm here to talk about. Do you wonder why an Army general is here to share in this day of celebrationwith you? lt's not for the reason my younger brother,the judge, insists: That Dean Crago confused me with "Attorney General" or even "SolicitorGeneral"- who would have been truly worthy speakers. lt's because I am a leader - and not merely by virtue of an act of Congress upon the nominationof the President. I chose to become a leader.And right here, right now, I hope that you will all acknowledgethat you are leadersor that you will choose to become leaders, Leadership and lawyering go hand in hand, believeme. I think it is hard to be a good lawyerwithout being a leader.But, if you have lingeringreservations, let me share with you four personal observations about being a leader. My first observation:Learn humility. I had some legal business at Foft Jackson in South Carolinaa few monthsago. At the end of a long Friday, I planned to stop in on a friend who is a coloneland a brigadecommanderof a basic training unit - meaninghe commandsabout 2,000 brand new recruits,The colonel asked his gruff senior noncommissioned officer,a sergeant major, to stay late after normal hours so he could meet my sedan. The sergeant major was apparently a little upset becausehe was busy doing somethingelse and was trying to leave early. So, aggravated, he did what leaders do, he delegated. But, the only person he could find that late in the afternoon was a young recruit who hadn't even started basic training. Unfortunately,he was not the sharpest knife in the drawer. He was that day's designated "gopher."The sergeant major rolled his eyes and said, "Private, I need you to go outside and collar a general officer." By the blank look, he
realized that this poor
O H I O N O R T H E R N U N I V E R S I T Y C O L L E G EO F L A W
young man didn't know yet what a general officer was. So he barked,"Look,go out to the street,when you see a military sedan with a red front license plate with a big silver star on it, you bring that general officer into see me ASAP - you got that?" I came over the crest of a hill in my militaryvehicle and there in the middleof the road was a young soldierwith no rank at all. He is holdingup his hand in the halt position.So, I told my driverthat we better slow down. The young soldierlookedvery intently at the front of my car. Then he gave me the universal "roll down the window" sign. He peered into the back seat where I'm sitting and asked me if I was a general officer. I say, "Why yes, I am." He then said, "l don't know what you did to make the sergeant major so mad, but you better get your ass into his office ASAP." So, I understandmy place in life:sergeantmajor [up here], brand new private, general officer [down herel. Humility is one of the first things you have to know about leadership.You are pretty special, but know where you fit in the grand scheme of things. Just by virtue of being a lawyer doesn't make you the most impoftant person in town. The next thing I believe you should know is that respected leaders possess the
rightcharacter.
e fursl tv a,L,tctt,tt, L . V, : D , . r . i . , e tt , il ,rLt_
Everybodyhas a hero, a role model,a mentor - someonewho is a shiningexampleof good character. My father is my hero. He recently stopped practicing law after more than 55 years of loving and honorablework. Still going strong at 87, he was a teacher,a highly decoratedwar hero, a community bandleader.He taught me lessons drawn from his own role model and favorite president, Theodore Roosevelt - not for any political reasons, but for admirationof his leadership. I remember Dad telling me about what Teddy's father had told young Teddy to convince him to go to law school. He said, "A man who grows up without highereducationmight steal from a railroadcar; but a man who grows up wlth the study of law and becomes a lawyer may steal the entire railroad."
THE WzuT FAIL 2OO5
re;' 1.a* n.-^*t;1;ffi, . f,flr.'ffi;, Iir:'' chala0t'of
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that
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Perhaps apocryphal,but it
had a large impacton me. Teddy Roosevelt's courage and strength, intellect and inquisitiveness,humanity, integrity and vision, are attributes that anyone would have to admire. You could say he had the total leadership package. PresidentRooseveltbelievedthat character determinedthe worth of the individual,and he said,"What is true of the individualis also true of the nation,"This observationis just as relevanttoday as it was more than a hundredyears ago. Characteris more a productof failurethan success, more of risk taking than compliancy,more of giving ratherthan taking, more seekingtruth rather than rationalizing.In fact, characteris such a powerJul viftue that it can transform an individual,a nation,and, indeed,a world. My third observationabout leadershipconcerns integrity. Integrity implies trustworthiness,candor and openness in communication,A person of integrity does the "right" thing, not the "easy" thing when faced with challenges.Integrityinspiresbelief,loyalty and trust - and withouttrust,there is nothing. My Executive Officer is a wonderful Army colonel.Her office is next to mine, and in her office i s a 1 5 - i n c ht a l l M & M d i s p e n s i n gm a n . Y o u " h i g h five" his little upraised hand and he disgorges a handful of M&Ms. I had a habit of walking by her office,and every time she was gone, I'd stop in and "high-five"as many M&Ms as I could fit into my palm. One day, she popped her head into my office and jokinglyasked me if I'd been eating her M&Ms. I said, "Maybe one or two." She gave me a dubious look and said, "All we have is our integrity."She was right, and now throughout my office of 500 professionals,you hear that expression"All we have is our integrity,"over and over again. And that is not a bad thing to have legal professionalsthinking about. Never compromiseyour integrity. "Let the attorney begin by swerving from the truth and fairness,in small particulars,[and] he will find his character gone - whispered away before he knows it," George Sharswood wrote that in his Essay on Professiona/ Ethrbs one hundred and fifty years ago, and it is still powedullytrue.
My fourth observationdeals with personal courage:To standup for principle- to refuseto give in - to riskit all becauseit is the rightthingto do. One of my very favoritequotesis from a "newage"writer, AmbroseRedmoon,who to the best of my research abilitygave us only one statementto rememberhim by: "Courageis notthe absenceof fear,but ratherthe judgmentthatsomething elseis moreimpodantthan fear." Everylawyerwill havethat moment,that crucible, that definingtest of characterwhen the lawyermust reachdeepand summonforthpersonalcourage. Two examples:
'w
The wheel of history certainly took a sharp turn on the 11th of l f^* J1tegn;o-_. SePtember, -' 'u.l Lf-^^, . LI-t t n, * r t 5 L h ( J ". pr h;,-*'rPlleS
tcen
less, op nac.,,"ltrr n..t^.
200 1 .T h e attackon the Pentagon was personalfor me because the pointof impactwherethe planestruckthe Pentagon was at the exact spot where my office had been beforewe weremovedout for an on-goingofficerenovation.Unfoftunately, not everyonehad movedyet. Whilewe werestillrattledby thatcold-blooded act of terrorism,our country'sleadersdecidedwe had to deal with the Talibanregime.At the Pentagon,we im m e d i a te l ys e t a b o u t p l a n n i n g ,whi ch w as an proposition. around-the-clock We had plansto deal with almosteverycontingency, but one. When captivesfrom the hellishbattlefields of Afghanistan startedfloodingin -- Afghani militia.
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Al Qaeda, Talibanfighters,foreign terrorists--we quicklyunderstoodwe neededa way to keep them fromcontinuing theirviolenceagainstus and to segregatethosewho posedthe worstthreats.We needed a systemthatwouldbalancethe needsof national security,the need to protectour secrets,and problemsassociated with gatheringevidenceduringhostilitieswith the rightsof thosecapturedindividuals. lt was decidedthat civiliancourlswouldnot be a feasible optionto try terroristscapturedon the battlefields for allegedwar crimes. Militarycommissions wereresurrected. The United processsincethe Stateshadn'tusedthe commission late 1940's,so the Department of Defensebeganto fashionthe rulesfromwhatwas availablefromWorld War ll or fromscratch. Becauseour countrywas dealingwithan unprecedented challenge,one understandably would have expecteddifferences of opinionconcerningwhat the procedures shouldlooklike.Somepeopleat the very highestlevelsof governmentwere callingfor mass detentions, summarytrials,and evenexecutionswith veryfew procedural safeguards. Publicconfidencein the outcomeof these trials demandeda returnto establishedAmericanlegal principles,includinga separatereviewof the procedures. Tothe creditof the legalprofession, uniformedlawyersstoodup to political pressureand insistedat the very leaston minimum standardsof due process. Those lawyers arguedthat the Americanpublicand clearlythe internationalcommunitywould have had seriousmisgivings about a systemthat rejectedadherenceto the ruleof law - a notionso fundamental to civilizedsociety. To stand up to their bosses,even after being ignored,evenafterbeingcensored,demandedevery ounce of personalcouragethat they could muster, Whenyourcareeror yourfamily'slivelihoodis on the line,couldyou do that? Similarinstancesof personalcouragewere manifestedduringthe recent,disturbingdetaineeabuse scandal.InAugust2003,whenU.S.soldiersdetained the first lraqiinsurgentsat Abu Ghraibprisonoutside Baghdad,most Americansknew very little about SaddamHussein'sformertorturechamberand could never imaginethe attentionthat was about to be focusedon it. Justmonthslater,a soldierat the prison repodedto his superiorswhathe feltwas a patternof inappropriate behaviorby fellowguards.Of course, soon after,pictureswere producedwhichevidenced unthinkableacts of callous,not to mentioninternationallydamaging criminalbehavior. At the very outset - long before the media or Congresswas involved,lawyers insistedthat this criminal behaviorbe investigated.They launched theseinvestigations knowingfull well that the fallout could be significant- as indeed it was. They also pushed for accountability,knowing that careers, - as indeed includingtheirown,mightbe jeopardized they havebeen.Doingthe rightthing- knowinghow - is whatpersonalcourageis roughthe consequence all about. Courageis not the absenceof fear, but ratherthe judgmentthat somethingelse,likejustice,
OHIO NORTHERNUNIVERSIry COTLEGEOF LAW
is moreimportant thanfear. You leavethis safe havenduringa fascinating timein our country'shistory.Theseare stilltroubling and complextimes.But,whenyou leavehereand returnto your parents' basements,and after your preparation for that next big step those unpleasanttwo words, bar exam -- don't get immobilizedor frustrated aboutyour inabilityto alter world events or address societal issues.Individuals of characterexercisingleadershiphave the power to altera nation.Workhard and you will make a differencein the world the same way Dean Crago and Ohio Nofthernhave made a differencein yourlife. But, we lawyersoften lose sight of one lastimportantpoint.lt's not all about work.I hopethat all of you will live your livesso that your drive for achievement will be balancedby an equal measureof fun and play,family,friendsand community. I wishthatwhen you are "oldand grayand full of sleep,"as the poet Yeatswrote,that you will proudlyexclaimthat your lifewas not aboutthe perfectionof work alone,but the perfectionof a life.Congratulations to you and yourfamilies!
Left to Right: Brigadier General David P. Carey, Dean David C. Crago and Daniel S. Guy.
THE WzuT FATL2OO5
Ohio Northern University College of Leiw Grclducltes Sufpclss the Ncltioncll Employmenl Rcrte Agerin in 2OO4 Bv CUnRYLA. KIrcsnN Dnncron op Lew AuUMNIAND CennnnSnnwcns ationally, there has been a slight decline in the employment rate for recent graduatesover the last severalyears; however, Ohio Northern graduatescontinue to secureemployment at higher rates than the national average during this sametime. 94o/oof Ohio Northernt 2004law graduateswere employed within nine months of graduation compared to 880/o nationally. Comparing the last four years,in 2003 the national rate was 88.9o/o,tn 2002 it was 89o/o,in 2001 it was 90o/o,and in 2000 it was 91.5o/o.Ohio Northern during those same years,had 9I.4o/oin 2003, in 94.3o/oin 2002, 95.7o/oin 2001, and 85.2o/orn 2000. Although, NALP statisticsshow a slight weaknessin the legal employment economy,Ohio Northern continues to maintain stable employment rates. This employment rate is due to the hard work and tenacity
on the part of the students along with the help and support of the faculty and alumni, as well as the continued efforts of the Career ServicesOffice. These efforts,along with the current employment successof our alumni, continue to help strengthenthe statusof the law PERCENT EIf,PLOYED
2001 2002 2003 2004
school among employers and increasethe demand for our students. The growing recognition of the qualiry of our studentsis demonstrated by the increasing number of employersusing the Career ServicesOffice to recruit students. Over 600 employers from acrossthe country post.iob announcements,conduct resume collection and scheduleon-campus interviews with the Office of Law Career Services.These employerscome from all segments of the legd profession including federal judges,The American Lawyer's 100 top corporate firms, government agencies,public interestorganizations, and corporations. Our students represent over 33 statesand their job searchesspan nationwide. The placement statisticsfor the Class of 2004 show the diversiry of employment not only in areasof the legal pructice, but also in the employment of our students throughout the country.
The placement statistics for the Class of 2004 show the divergity of employment not only in areasof the legal practice, but also in thie employment of our students throughout the country. 94o/oof Ohio Northern's 20}4law graduates were employed within nine months of graduation compared to 88o/onationally. OHIO NORTHERN UNIVERSITY COLLEGE OF LAW
Over 600 employers from across the country post job announcements, conduct resume collection and schedul. on-.ampus interviews with the Office of Law Career Services. These employers come from all segments of the legal profession includirg federal jodg.r, The American L":uyer's 100 toP corporate ftrms' go\nernment agenci.s, public interest organizations, and corporations. Our students represent over 33 states and ,h.i,. job searchesspan nationwide. Grass oF 2OO4 pucEftiEt{T Sr:ms.ncs AREASOF THE COUNTRY Mid-Atlantic. l9o/o EastNorth Central ...... ..54o/o South Atlantic .l7o/o EastSouth Central ..... ..2o/o Mountain ........4o/o Pacific ......4o/o S"l".y Range $ 21,000 to $ 110,000 Classof 2004
AREAS OF PRACTTCE Pm&hbrc$r
IBGEIG
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Even though the legal market continues to be slow we have been successful. \Westill need to draw upon our alurnni nerwork to uncover job leads for our studentsand graduares. If you ."r, ,rrirt ,.r, in uncovering thesejob leadsfor our students and graduates,pleaselet us know. you can do this by calling directly at (419) IZZ-2249, faxing us ar (419) 772-7487, or emailing the offi.. "i lawcareer@onu.edu.
Z NORTHERN fuuvrNrSuppoRT YES! I canhth theOIVUlaw studenr/gaduffies :,_,1 f ll tn rner0u,0wmg wdls: Serveas an ONU alumni contacrin my geographic practicearea Visit campusto speakat careerworkshops/seminars Providehousing/transportationfor studentsinterviewing in my city Help conduct "mock interviews"for students interviewingin my city
Thank you again for your ongoing support and assistance in the successof Ohio Northern UniversirF College of Law. IHE WzuT FAtt 2OO5
Contacrour Officeof Law CareerServices for further
informatio n"' 4re.772-224eor #i l: i"TH::ja""l;e.], ONU LruTIHASA GREATTRADITIoNIN TA'urz THATSTARTS VITH ITSALUMNI.
Bv LrNoe K. ExcLIsH DnncroR op L,tw AotuttsstowsANDAsstsrtvr Druw
Enterirg Classof 2005 hio Northern University College of Law seeksa student body with a broad spectrum of interests,cultures,backgrounds and life experiences.Diversiq, is of paramount importance in a law school, where perspectives need to reflect the wide arrayof ideas,viewpoints and experiencesof our society-at-large. The accomplished,expert faculry at ONU Law not only trains its multi-talented student body to analye and interpret the law but to considercompet-
To BE cLASSoF 2005 pRoMISES Tun ENTERING TALENTED ONEOFTHE MOSTACADEMICATLY OF IN THE HISTORY OFTHE COTTNGE CLASSES LArutr. Nnnnrv SIXTEENHUNDREDAppLICATIoNS THE IN SELECTING REVIE\UTED V/ERECAREFULLY MEMBERS OFTHE 2OO5ENTERINGCLASS. ing viewpoints and to posepersuasiveargumentsin a variety of forums. Our law studentsare among the most seriouslaw students in the nation and are
being preparedfor practice in any jurisdiction. The qualiry and reputation of our program continues to grow as a result of their scholarshipand contribu-
2OO5Ohio Northern Gollege of Law Glass Students in the 2OO5 entering class hail from 29 states. States represented by the entering class are:
Pennsylvania l{ewYork Kentucky Indiana Uirginia Alabama Florida Geongia Michigan Nevada NewJersey Tennessee Galifornia Maine Arizona
Alaska Maryland Texas WestVinginia NorthCarolina SouthDakota lowa Utah Missouri Minnesota SouthGarolina Wisconsin Colorado Mississippi Districtof Golumbia
OUT.OF.STATE
330/oof 2005 enteringclassis in-state 650/oof 2005 enteringclassis out-of-state
The 121first-yearstudentshail from 29 states, the District of Columbia,and received their bachelor's degrees from over90 collegesand universities throughoutthe nation, includinginstitutionssuchasUniversityof Virginia,CollegeofVliiliam and M"ry FordhamUniversity'Fisk UniversiryAmericanUniversiryOhio Northern University, Smith College,Centre,Allegheny,Gettysburg,KenyonandSflagner. tions to the legal field. The entering classof 2005 promisesto be one of the most academicallytalented classesin the history of the College of Law. Nearly sixteen hundred applicationswere carefully reviewedin selectingthe membersof the 2005 enteringclass. The L21 first-yearstudentshail from 29 states,the District of Columbia, and receivedtheir bachelor'sdegreesfrom over 90 collegesand universities throughout the narion, including institutions such as Universiryof Virginia, College ofWilliam and Mary, Fordham Universiry Fisk Universiry American Universiry Ohio Northern Universiry Smith College,Cenrre, Allegheny, Getrysburg,Kenyon and Wagner.Although the majoriry of enteringstudentsare traditionally-aged and have reeendy graduatedfrom,a baehelor'sprogram, the 4g,g.:r gs is 2l-55. The percenrageof rninority studentshas significantly increased, and the gender ratio continues to be approximarely50:50. Collectivelyth*e,l 2 1,outstanding individuals'contribute to the dynamic personaliryof the
undertaking the rigorous study of law and will uphold the highest standardsas citizens and future lawyers. The fall 2005 entering classis showing great promise not only in continuing a rich history and tra-
dition of excellencear ONU Law, but in demonstrating great potential for being "architectsof justice" in a complex and dynamic society. Ohio Northern Universiry law studentsare the most geographicallydiverselaw student body in Ohio.
In additionto the more traditionalmajorsin pre-law, history,politicalscience, 2OO5Entering Class memEnglishandcriminaljustice,a varietyof undergraduate majors bers have held a variety of jobs are represented including: including: Accounting Paralegal,congressional Anthropology intern, financial analyst,pharBiology macist, certified EMI phleBusiness/Commerce botomist, reporter, editor, assisBusiness Management tant photographer,research Communications Computer Engineerrng assistant,banker, lifeguard, Economics teacher,coach, waiter, counEnvironmental Studies selor,therapist,loan officer, FineArts nanny, construction worker, Finance and dental hygienist. French Government Human Development andFamily Increasing demonstrations Studies of se,rvice are reflected: Journalism U.S. Marine Corps, U.S. LiberalArts Army, N"ry ROTC, U.S. Air Literature Marketing Force, PeaceCorps, VISTA, Mechanical Engineering Guardian Ad Litem, Salvation Mining Engineerrng Army, AIDS vaccine research, Management Information Relay for Lifc, Hospice, Holy Systems Angels,Inc., SuicideHotline, Performing Arts Pharmacy Big Brother/Big Sister,Special Philosophy Olympics, Girls Scours, Physics Humane Society,Habitat for Psychology Humanity, United \/ay, soup RealEstate kitchens, nursing homes and Sociology Spanish tutors.
@ THeCollreE oF LnwHrnrrnoeFuruo he building where law students attended classesbetween l9Z4 and 1973 is all but a memory now. In the fall of 2003, the building, most recently known as the Huber Memorial, came down to make way for the new Dicke Hall businessbuilding. The distinguished red brick building on the corner of Main and University may be gone, but the memories for those who passed through its halls will remain. In recognition of the accomplishments of the graduates whose careers began in that building and the faculty who taught there, the College of Law has created the College of Law Heritage Fund. Funds given by the law alumni to the Heritage Fund will be restricted for use by the College of Law to continue its heritage of preparing skilled professionals dedicated to the highest standards of ethics and professionalism. Donors to the Heritage Fund will receive bricks from the former law building. These bricks are included in
speciallydesignedart, suitablefor displayin your home or office.
32
The HeritageFund Gittsof$1,000 ol more
Giftsol $250to$499
Scvlptvre artist ONU commissioned GaryStuartof Studioll in West Liberty,Ohio,to designa uniquebronze sculpture, signedand numberedby the artist whichdeoictsthe entranceof the formerlaw buildingalongwith stylizedONU letters bringingtogetherthe historyof the law college and the visionfor the future.Thereis a full brick fromthe originalbuilding encasedin the base of the sculpturewhich stands 10" high. The sculptureis an exquisitedesignand idealfor any ONU law graduate.
Paperweighl A beautifulplexiglass paperweightwith a slice of brickfrom the former law buildingis encased in the paperweight.The paperweightalso includesa photoof the buildingwith the words "OhioNorthern University Collegeof Law 1924-1973;'fhe paperweightmeasures 3"x 4".
to$999 Gittsot$500 Plaqve A sliceof brickfrom the formerlaw building mountedon a beautiful mahoganywooden plaquewith an engraved brass plate reading, "Brickfromthe Ohio NorthernUniversity Collegeof Law 19241973"with an engraving of the formerlaw b u i l d i n gT. h e p l a q u e measures9" highx 12" wide.
Gollege of Law
Homecoming 2005Schedule Saturday, October i 5 8:30a.m. Mclntosh-Wishing Well AlumniDean'sBreakfastwith presentand formerfacultyand deans. 9:30-10:30 a.m. Law CollegeCLE programs . Eminent - "publicUse,, Domain in theUnited States andOhioConstitutions -Professor Stephen Ve/lri . NewOhioRulesof professional Conduct -ProfessorB4tanWard parade 11:00a.m. Homecoming Noon LawAlumniTailgateparly at the Dial-Roberson Stadium 1:30p.m. FootbailGame- ONU v. Otterbein ManyorlrerLlriiver-siry evenfsirreschedulec.l.
-HE
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Ride,.,2005
ffi tgg{MYEI W
lTfh. last four years, the I Homecomingweekendhastruly I grown into a fun and excitin! ride, and a grear weekend that alumni have enjoyed coming home ro, and where - IeS, evenlaw studentswith their rigorous scheduleshave found the time to make memoriesalong with their families and friends. This year alumni will experiencesome new fun-filled events, such as a train on campus for children, alongwith amusementpark rides,music, great food, sports and entertainment booths that have been popular over the past few years. Alumni and friends of the ONU Collegeof Law are invited to attend the annualAlumni Law Deansand Professor Emeritus Breakfastat 8:30 a.m. in the Wishing \fell. The breakfastis a time for alumni to visit Dean Crago, pasr deansand professors,as well as current professorsof the College of Law. The breakfast is a good way ro starr Homecoming morning with friends and alumni of the college. After breakfast, alumni can chooseto participatein continuing legal education coursesor tour the campus, taking in the sights and soundsof a relaxingfall day on campus. ONU College of Law alumni can enjoy the day while earning an hour of continuing legal education credit at the Law College. On Saturdayfrom 9:3010:30 a.m., ProfessorStephenVeltri will presentEminent Domain - "Public Ue" in the United States and Ohio Constitutions.The courseoffers one hour of generalCLE credit. ProfessorBryan
Left to Right: Dean Albert Qoith, Albert Baillis, Dean Dauid Crago, Williarn Euans, and Victor Sneib. \7ard's presentation, Neta Ohio Rulesof ProfessionalConduct, offers an hour of CLE credit in ethics. \ffhile on campus law alumni will certainly want to tour the College of Law and see the recenr advancements that have taken place.JudgeAnthony J. Celebrezze's Judicial fuchives Room is a stately addition to the College of Laq housing documents of Judge Celebrezze'sthirry years as a federal judge for the Sixth Circuit Court of Appeals as well as secretaryof HEW under PresidentsKennedy and Johnson. The newestaddition to the law school is the recently renovated classroom I27, formerly known as the \Tillis Room. This new room is equipped with stateof-the-art courtroom technology. The newly renovated student lounge was completed last year with the classgift from 2004 graduates.Alumni will be pleasedwith each of these noble additions to the Collegeof Law. \Watch the Homecoming Paradeon Main Streetat ll:00 a.m.,then join the College of Law faculty, alumni and friends, at the Law CollegeThilgateParry beginning at noon at Dial-Roberson Stadium. Cheer on the Polar Bears as they face OAC rival, Otterbein, at 1:30 p.m. Later in the evening,the Tirndra of the universiry will have all rypesof enter-
tainment including a fireworks display. To registeror for information about the 2005 Law Homecoming call the Office of Law Alumni and Career Servicesar (419) 772-1980 or e-mail lawalumni @onu.edu. Law classesare organizing individual reunion evenrs,so call your law classmates and take this opportuni to join in the 2005 Homecoming weekend. 'We hope you ll join the ride!
MarkYourCalendar for UpcomingAlumniEvents 2|,|,5 September20
Mansfield Branrc Bistro 12:00_ 1:00 p.m. MansfieldAlumni Luncheon
Homecoming October15 WishingVell,Mclntosh g:30_9:30 a.m Breakfastwith the Dean Welcome All Law Alumni (t Friendsof the Collegeof Law to uisirpast & PresentLaw Deans (r Facuhy College of Law CLE 9:30_10:30a.m. "New Ohio Rules of Professional Conduct" by ProfessorBryan Vard Approuedfor 1.0 hour of CLE Credit in Ethics "Eminent Domain - "Public IJse" in the United Statesand Ohio Constitutions" by professorStephenC. Veltri Approuedfor L0 hour of generalCLE Credit Dial-Roberson Field (tent provided) 12:00 Noon Law Alumni & Friendstilgate pa*y beforethe footbail eame ONU vs. Otterbein at l:30 p.m. On the Tirndra after game 'Amusementpark rides,studembooths ffiring tYpesof entertainmentforall ages,including a trainfor children, :naryr hayldes, all typesoffood for eueryone's taste. Priuate lau.,classparties .concerts, reunion toursof taw schoot(Ckss of 1960 & 2000 priudte eaents ":irf:;j; November 2
Dicke Hall - l lth Annual Estate, Business,and Financial Seminar "Estate Br Asset protection pranning2'by Thomas Rogers, J.D., c.pA., Approuedfor 6 ltoursgeneralCLE credit.
20|,6 March 24
College of Law - Law Review Sy-pori.r"'Would you Be A Source?Reporter privilege in the 'World., Post-9l l
May 4
Columbus - OSBA Law Alumni Reception U.S. Supreme Court, Vashington, D.C., Supreme Court Building Law Alumni Admission Ceremonv Dinner on Sun. EueningbeforeMon, Ceremony, Reception afier Ceremony
June l8-19
&'00
THE WRIT FALL2OO5
Room is a tbe Celebrez,ze's
federal jadge for t Circuit Court ofAl uell as secretary Kennedy and
@ ClassGrftfrom the Classof 2005 SnryAssesLast Year'sPledges
he College of Law Classof 2005 derermined from the onset of their classcampaignto surpassthe money raisedby the previous ONU law college class.A steeringcommittee of twelve was formed in early fall to develop the campaign and
the luncheon, many students filled out pledge cards and agreed to encourage fellow classmatesto do the same. The studenrs committed to pledges over a three year period. The enthusiasm did not wane. Pledge cards continued to come in throughout the
year. By May, the students' pledges,combined with Oscar Misfids endowment of $25.00 per graduatingONU student, reacheda total of $16,540.00. Ultimately, 49o/oof the Classof 2005 conrributedto the gift; a remarkableaccomplishmentfor the graduating class. Lori
'S7lthers (Springfield,Illinois), SeanAllen (Charleston,South Carolina) and Ray Oldach (Erie, Pennsylvania), members o F r h eC l a s so f 2 0 0 5 s t e e r i n g committee, presenteda check to PresidentKendall Baker at the Honors Day Banquet.
The committee launched the campaign, "L00 Days to Graduation" with a luncheon to announce the campaign and to encourage third-year student participation. determine how to allocate the
sift. Asking for pledges from their classmates during the third year of law school was a daunting task for the 2005 class campaign leaders with the
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tuition debt that law students face today. However, they were determined to be more successful than last years class. The committee launched the campaign, "100 Days to Graduation" with a luncheon to announce the campaign and to encourage third-year student Partlclpatlon. During the luncheon, members of the steering commirtee discussed how important attending ONU
College of
Law had been to their career and life. Dean David Crago gave a presentation on where the law school had been and where it is going. The committee felt that their gift would show appreciation for the education they received, and would help future students at the College of Law. It did not take much convincing
by the steer-
ing committee, by the end of
36
Left to right: President Kendall Baber, Lori Withers(L-3), SeanAllcn (L-3), Ray Oldach (L-3) OH IO N OR TH E R NU N IV E R S ITY CO LTEG E O F LAW
TheFinal Rooo4-ofthe2005Anthonyf. CeIebrezzeAppellate AduocacyCompZi;no he FinalRoundof the 2005AnthonyJ. Celebrezze Appellate
Thomas F. Bryant of the Ohio Third District Court of Appeals,an alumnus of the College of Law, Thmmy Bell
received2nd place. Semi-finalists in the competition were Christopher \Testenberger,(L3, Lake in the Hills, Illinois)
Thlsyear's competitronprob/em was taken from the case of , wht'chwas recent/y argaed before the Supreme Court of the United States, Advocacy Competition was held April 2,2005. This intraschool competition is sponsoredby the Moot Court and named for the late Honorable Anthony J. Celebrezze,a distinguishedlaw school alumnus who held many senior administrative positions with the federd government during the Kennedy and Johnson administrations and servedas a Senior Justiceon The United States Sixth Circuit Court of Appeals. The judges for the final round were The Honorable
ne of the first opportunities Ohio Northern law students have to present their oral advocacy skills occurs each spring during the College of Laws annual Daniel S. Guy Competition. Each year the competition is coordinated by Moot Court. The competition is named in honor of Daniel S. Guy, pro-
THE WRIT FAtt 2OO5
who is currently clerking for Judge Bryant, and Howard N. Fenton, III, law professorof Ohio Northern. This yeart competition problem was taken from the caseof CastleRock u Gonzales,which was recently argued before the Supreme Court of the United States. The final round resulted in two third-year srudents competing in the appellateadvocacy competition. Patrick Glen (L-3, Chambersburg,PA) receivedlst place and Andrew Rudloff (L-3, Cortland, Ohio)
tessoremeritus and former dean of the College of Law. Dean Guy continues to be a very strong supporrer of the Moot Court program and servesas a judge annually for this competition. In addition to Dean Guy, serving on the three-judge panel, were The Honorable Robert Cupp of the Third District Court of Appeals, an alumnus of the
and Ann Marie Mcloughlin, (L-2, \Westerville,Ohio). Throughout the competition, the students displayedoutstanding advocacyskills. The competition continues to enhancethe students' experiencesand accomplishmentsin oral advocary.
Standing Left to right: Thrnrny Bell, panich GIen (L_3), Professor Hoanrd Fenton, Andreu Rudtoff (L-3). seated: tadge Thomas E Bryant
College of Law, and Richard Stahl III (L-2, Parma, OH) incoming ChiefJustice of Moot Court. All first-year law students participate in the advocacy tournament as part of the legal researchand writing course. More than 100 students participated in this years event, Progfesslng through four rounds.
Ultimately, the four finalists were, Nicholas Gaunce (tenton, New Jersey),first place; Michael Begley (Gallantin, Tennessee),second place; Krista Gesaman (Massillon, Ohio), third place; and Ashley Neese (Meadowview, Virginia), fourth place.
@ ONU Hosts24tb Annual Burhe E. Smith Moch Thial Competition By Simon Patry, L-3, Cbicago' IL ''\f'
November, 2u04, the " c.il.g. of Law hostedthe ll Jl-annual Burke E. Smith Mock Tiial Competition. Sixteen tearnsof two participated in this event by preparing pretrial motions, opening statements, direct examination, cross-examination and closing statements. Honorable Burke E. Smith, a 1954 graduateof the College of Law judged the competition along wirh his son, Scoft Smith, an attorney from Columbus Ohio. JudgeSmith announced he would be stepping down from the Hardin County Common Pleasbench in2005, after 50 yearsof service.The Burke E. Smith MockTlial Competition beganin 1981 and celebratesits 25th anniversaryin the fall of 2005. Scott Smith presidedover the final round; he and Judge Smith determined the final winning team. The championshipround was won by Matt'Wolf (L-2, Ponta Gorda, FL) and JasonYoss (L-3, \Woodsfield,OH). Parag Shah (L-2, Blpheville, AR) and Allison Bisig (L-2, Cincinnati, OH) came in secondplace. The Burke E. Smifi Mock Tiial Competition was organized by Simon Parry (L-3, Chicago, IL), the presidingjudge on the Moot Court ExecutiveBoard. Participantsin the competition were eligible to participateon the ONU National MockThial team for Moot Court. Allison Bisig (L-2), Richard Hutson (L-3, Queens,NY), Doug Miller (L-2, Canton, OH), Mark Schwartz (L-3, Highland Parks,IL), Parag Shah (L-2), and Matt Wolf (L-2), were chosento be membersof the 2004 National Mock Tiial tearn representingOhio Northern at fie competition in Lansing, Michigan. Simon Patry (L-3) and ProfessorSherryYoung
coachedthe team this year. To celebratethe silver anniversaryof the competition in2005, the Collegeof Law invites former Burke E. Smith Moot Court competitorsto attend the final round on September17,2005. It will be the first competition that Scott Smith will assumethe reign for his father asjudge of the competition. These alumni are invited by the College of Law to attend this year'scompetition luncheon with Judge Smith and his son Scott Smith. and predecessor, For further information, contact MathewWolf at mwol,ponu.edu or visit the ONU website at taww.law.onu.edu under student organizations.
Burhe E, Smith Moch Thial Competition utinners andiudges fro* Ieft: Parag Sbah (L-2)' Allison Bisig (L-2)' Scon Smith, Esq., Tbe Honorable Burhe E. Smith, tason Yoss(L-3), and Manheut Wolf (L-2)
CouPETlTlold
AND LuxcHEoN
Date: 17 ' 2OO5 SePtember Time: a'rll' Begins at 10:00 Place: College of Law University Ohio Northern
COLLEGEOF tAW OHIO NORTHERNUNTVERSITY
Smith,Ohio'soldestserving judge preparesfor retirement Note: Followng rc an article that appearedn the Kenton Times
the Statesto become part of the forces gathering in England for the invasion of Normandy. "You never saw so much stuff," said Smith of the forces preparing for the assault."It is hard to imagine how big World By DAN ROBINSON War II was. You were just a Times staff writer pebble in the sand." An injury prevented Smith udge Burke Smith will be hanging up his robe for the from taking part of the invalast time when 2005 sion, but he later joined the Third Army of Gen. George comesto a close. Patton as he cut through Smith will retire as the oldest judge in Ohio to be Europe. It was during the assignedactive cases,accord- march on Germany that Smith was hit with mortar and later ing to the Ohio SupremeCourt. was awarded the Purple Heart. year in By law, at the end of the After being taken to a field which he tums 80, had can no longer accept assignments. hospital, Smith returned to England to recover. Smith turned 80 in January. "It was there I heard of "Somebody had to be the oldest judge in Ohio," chuck- (President Franklin) Roosevelt led Smith at his Kenton home. dying," said Smith. "There wasn't a dry eye in the whole "It just happenedto be me." As his final months on the ward. He was the only president I'd ever known." bench approaches, the Hardin Following the war, Smith County native has had time to attorney," recalled Smith. "It reflect on more than 34 years attended college at Miami was the best way to get to judge. at Oxford and then University as a people again. I went know to returned to Hardin County He began life as a member and introduced door-to-door law at Ohio begin studying "the greatest generation" of and grew up during the Northern University. He gradu- myself. It took a long time." Smith lost his bid for the ated and was admitted to the Depression. As a teen he remembered bar in 1954. After working job to Paul McKinley Sr. and for the Ohio joined a local law firm with seeing the newsreels at the awhile local theater showing the Department of Highways, he John Roof in 1956. Roof was and his wife, Jackie, returned the chairman of the countys advancementsof Adolph Hitler to Kenton, where Burke soon Democratic Party and Smith through Europe. By the time his class reached the 11th decided to run for prosecuting soon found himself active in party politics. grade, Pearl Harbor was attorney. He was elected chairman of lost Even if he the contest, attacked and the nation was Hardin County Democratic the political race decided, a Smith thrown into World War II. Party and served on the coungreat for his was advertising Smith, like the rest of his ty's Board of Elections. Smith graduating class, soon found law practice. "The day I started practic- went on to become active in the himself training to go to the ing law. I ran for prosecuting Ohio State Election Officials front lines of the war. He left Association and served as its
llmes Photo
JudgeBurkeE. Smithclosesthe bookson his professional career.
IHE WRIT FALI 2OO5
presidentin 1968. Three years later, Smith would once again seek local office. He ran for Kenton Municipal Court judge rn I9lI and was elected for his first of two terms. Smith set to work right away on reducing the number of caseswhich were backlogging the court dockets, he said. "I cleaned them all up," Smith recalled. "Nobody told me to do it, I just did it." In 1978, Smith was elected the judge of the probate and juvenile divisions of the Hardin County Common Pleas Court.
Kormendy kcture:
'A Court Diuided: TheRehnquistCourt and the Future of Constitutional Laut" By Marh J. CiePiel, oNU 2004 September,the ONU " of Law was proud Colt.g. ll JLro host Mark V. Tirshnet as its guestspeakerfor the 2004
T
Kormendy Lecture. The Kormendy Lecture was established through an endowment from the estateof Helen B. and
'28L1'85 Dr. StevenKormendY, Hon. For the past 17 Years,this endowment has brought Prominent legal scholarsto the ONU campus to addressmatters of law in a public forum. Mark V. Tirshnet is the .Waterhouse Carmack Professor of constitutional law at the Georgetown Universiry Law
dent of the Association of American Law Schools. He receivedhis undergraduate degreemagna cum laude from Harvard in 1967, and his J.D. and M.A. in history from Yale University in 1971. He has servedas a law clerk to Judge
Center and the current Presi-
George Edwards and Justice Thurgood Marshall. He has authored welve books, broach-
ing matters from civil liberties and human rights to SuPreme Court politics. Tirshnet is also co-author of four casebooks, including the most widelY used, Constitutional Law. audiStanding before a encein the Moot Courtroom, Tirshnet assertedwhat he believesto be the basic dYnamic of the Rehnquist Supreme
Standingbe, Courtrooffi,
believesto Rehnqulst
divrsion Court: the political division among conservativej ustices. This dynamic, he claims, has emerged from the political differencesof two rypes of rePublicans-themodern (i.e.) and the traditional (i.e.).\X/hile both types may sharesimilar views concerningeconomic and federal regulation, Tushnet observes that they generally disagreeon socialissues,such as abortion, gay marriage,or the role of religion in public schools. Tirshnet believesthat this clash among conservativeson the SupremeCourt is ePitomized in the caseof WebsterV ReproductiueHealth Seruices (1989), in which JusticeSandra Day O'Connor and Justice Antonin Scalia(both of markedly conservativePolitic$ struck emphatic discord on the final decision. By refusing to join the consensusthat would have effectively overruled the landmark caseof Roe V Wadl (1973), JusticeO'Connor
Previous Ssnrron Onnrx Hlrcn - t9s7 Rrms:v Gunr - I\BB L. Srllrrrv GxnuvtN, JR. - t9s9 Juslcr Drnrus Ancnrn - I99o Nrrl Torrl.ls:ne - D9t Monnts 5. Drts, tn. - 1992 Jusrrc: Auu G. Plcr - 1993 Justcr Cl'lnrrrcr Txomls - I9g4 Russ:rr Mrlns - 1995 Hoxomarr Dlmrr P. Wooo - 1996 Draonnr f. R.xoor - 1997 Roernr F. Dnrnln 5. J - 1g98 D:nnrcx Brlr - 2ooo G. Eowlno Wxlrr - Spring2002 Wnurun E. Nrrson - Fall zooz E. Aulru FlnuswoRltr - Fail 2003 Dean Daaid C. Crago and Marb affirmed the srare'sinability to createregulationsthat would substantiallylimit abortion rights.JusticeScaliawas ourragedat O'Connort position, arguingthat her lack of cohesion limited the Court to the
"most stingy possible holding today'; that her opinion was "perverse" and "irrational." Thshnet suggests that divisions such as this among conservative justices are often exaggerated by pride and other personal
issues."The central reason,"he explains,"thar republicansin the Court have failed to unite is a simple lack of leadership." Justiceswho gravitare toward more liberal views find strength in the cooperativeefforts of
V Tushnet
Justice\X/illiam Brennan and, ro a lesserdegree,JusticeStephen Breyer.Conservarive justices,on the other hand, struggleto define their leaders.A result, the republicanvoice of the Supreme Court is dissonant.
ONU Collegeof Lau, presentedTbrt Reform & Medical Malpractice: Is Tltere A Crisis in the Courts? hio Northern University College of Law hosted Tort Reform6 Medical Malpractice: Is Therea Crisis in the Courts? The continuing legal education programwas sponsoredby Phi Alpha Delta. Speakersfocused on numerousthemes.Those offeringinsight included, ProfessorKevin D. Hill who spokeon "Professionalismin the Ageof Media Hype and Distortion;Stuart F. Cubbon, ThePracticalRamificationsof TortReformon the Personal Injury Practicefom the Perspectiue of a Plaintiff\ Anorney; CharlesE. Moore, The Valueof theJury SystemTo Our Republic;Fred E. Hill, A Managed Care Perspectiueon tlte Efficts of Medical Malpractice THE WRIT FALL 2OO5
Lawsuits on PhysicianSupply
faithbasis forfiling a claim. . Damage caps .Jointandseveral liability
He is currently a member of the AssociationofTiial Lawyersof and Thomas D. Anthony, America, Ohio and Michigan. He was a founding member of Me dicaI M alp racticeIn surance. ThomasAnthonyis currenrthe Toledo Tiial Lawyers The tort reform panel ly an attorney for Frost Brown Association. CharlesMoore is addressedissuesregardingthe Todd, L.L.C. in Cincinnati, currently a managingpartner for impact of recenttort reform leg- OH. He receivedhis J.D. from Moore, Malone, and Safreedin islation on todayspracticing Case\Testern Reserve Owensboro, KY. He received lawyer.Both plaintiff and University. Fred Hill is a medhis defensesidesof the panel were J.D. from the Louis D. ical director for Aetnat Tamoa BrandeisSchool of Law at the represented.Issueswere disand SouthwestFloridamarket. University of Louisville. He cussedwhich run the gamut of He graduated from the Medical authored the book, Punitiue tort litigation. There was also a Collegeof Ohio and servedin Damages in Wrongful Death presentationon the ethicsof variousmanagementpositions tort litigation. with managedcareorganizations Actions:Is KRS41 1.184 Constitutional? Kevin Hill is including Blue Cross Blue Someaspectsof the currently a professorat Ohio Shield of Ohio (Medical Murual curriculum were: Northern College of Law. He of Ohio), Prudential . 180-day letters receivedhis J.D. from HealthCare,and vice president . Theeffects ofmedical malpractice for PacifiCareof Ohio. Stuart Northern Kentucky University lawsuits onphysician supply and Cubbon is currentlya parrnerin and his L.L.M. from the theaccess tohealthcare services Cubbon and Associatesin Temple Universiry School of 0yconsumers Toledo, OH. He receivedhis Law. ProfessorHill has written . Rising premiums malpractice severalarticles,alsoa book J.D. from the Universiry of . Thevalue jurysystem Toledo. He alsohas his M.B.A. ofthecivil entitled, Sixth Circuit Criminal . Frivolous lawsuits arenota oood from the University of Toledo. Pattern J u ry Instrucri ons. and Accessto Care in Florida;
ffi
ONU Collegeof Laut and tbe National Blach Laut Student Association Ohio Northern (Iniuersity Chapter Sponsored.the Sixth Annual Diuersity Forum "Voter D isenfranchi sement: Should an Ex-ConuictHaue a Right to Vote?was the topic of discussionat the Ohio Northern Universiry National Black Law Students Association'sSixth Annual Diversity Forum on March 8, 2005, in the Law Moot Court Room. A panel of expertsdiscussed and debated the issues.Judge Benjamin Logan servedas moderator. The panel included Jeff Gasmo, legal director for the American Civil Liberties Union of Ohio; Roger Clegg, vice president and general counsel for the Center of Equal Opportuniry basedin Virginia; David A. Singleton, executive director of Prison Reform Advocacy Center; and Jeurgen -Waldick,Allen County prosecutor. Lanette Smithson, BLSA president, stated that regarding the Forum, "BLSA has had a tradition of providing a Platform for discussionand lively debateconcerningissuesthat affect not only, the AfricanAmerican community but the global communiry as well' The purposeof the Diversity Forum is to not only to engage the minds of the legal communiry at ONU but to reach outside the walls of our law school and involve the entire ONU communiry, Ada, Lima, and beyond. The right to vote is such a preciousthing and when I think about the history behind African Americans being enabledto cast their votes in the ballot box it solidifies my belief in the judicial system.tVhen a person has the abiliry to vote they have the opportuniry to make a change not only on the national stage but right in their communiry. It was always my understand-
42
legal issuesraisedby civil rights ing that the purposeof the laws. Mr. Clegg writes a biperpenal systemwas for the monthly column for the Legal rehabilitate to able son to be Timesand is a contributing edithemselves,so that when they tor at National ReuiewOnline. return to the communiry they are able to be upstandingcitizens of their communiry. There Jeffrey tl. Geimso LegalDirectorfor are some statesthar have laws ACLU Ohio cast to that allow prisoners in prison, still while votes their Gamso is the Legal f effrey while other statesallow felons Director for the American I to vote after they have served e ivil LiberriesUnion of Ohio. their time, and still other states He completed graduatecoursedo not allow ex-convictsto work in English at Michigan vote at all. The forum providStateUniversiry and received ed a generoussupply of dishis J.D. from the TexasTech course.Although there were University School of Law in opinions and viewpoints that 1987. Mr. Gamso, a Toledo some people may not have defenselawyer and former agreedwith, everyonelearned ACLU of Ohio volunteer attorfrom the discussion.As law ney, assumedleadershipof the students,we quest for intellecagency'sstatewidelegal departtual stimulus and gain strength ment and litigation docket on in our abilitiesto understand June 1,2004. Mr. Gamso has one another." been an active member of the ACLU since 1984, servingas Aboutthe Panelists: past president of the Northwest Ohio chapter and vice presiRoger Glegg dent of the Ohio Board of and General Vi c e P re s i dent Directors. He is president and C o u n s efo l r the C enterfor cofounder of the Maumee E q u aO l p portuni tY Valley Criminal Defense l\ ,rf . Cleggwrites,speaks, LawyersAssociation.
on l-Yland conductsresearch
ing
ity gl0
muniw well."
Left to right: Dauid A, Singleton,Ittr""y M. Gamso,Judge Benjarnin Logan, Roger Cltg' and leurgen Waldich,
Juergen Waldick Prosecutor - Allen Countv Adjunct ProfessorONU uergenWaldick is the Allen f Counry Prosecuror.He has I 6e.n an adjunct professorar Ohio Northern Universiry since 1988, teachingtrial advocacy,real estatetransactions, and introduction to criminal practice. Mr. \flaldick has servedas a courr appointed specialprosecuror for Allen County, Hardin Counry Putnam Counry Auglaize Counry Van \Wert Counry and the Ciry of Bellefontaine, City of Sylvania,and the Ciry of St. Mary's. Mr. \Waldickwas admitted to the Ohio Bar in 1985. He was admitted to the
United StatesSupremeCourt Bar in 2001. He was also admitted to the FederalCourt Bar, Northern District of Ohio. He is a member of the Allen Counry Bar fusociation.
Honorable Benicmin H. Logcn ll Moderator udge Benjamin H. Logan f I servesas a District Court iudge in the 61st District in Grand Rapids, Michigan. He receivedhis B.A. from Ohio Northern Universiry in 1968, and his J.D. from Ohio Northern Universiry Pettit College of Law in 1972. After graduating from law school, Judge Logan beganpracticing
Wten a ?ersonltas tlte ability to vote tltey ltave the opportunityto makea cltangenot only on tlte national stagebut rigltt in tlteir community.
o T/tere are szme states tltat /tave lauts tltat al/oat prisoners to cast tlteir ,ootesa:/tite stilt in prison, wltile otlter states a//oatfe/ons to .uote
&t, tbey bave se,uedtheir tinte, and stitt otlter statesdo not alloasex-conaictsto,unteat al/. law in the ciry of Grand Rapids in 1972 with the Legal Aid Socieryin Kent counry. He enteredthe generalpractice from 1974 to 1988.During
this time he was selectedas a Michigan civil Rights Referee, American Arbitraror of the Arbitration Association.
Lau, StudentsHtlp High Scbool Students in Street Laut Program he Ohio Northern University College of Law Street Law Program is one of the largestin the United States.The law students participate in the Street Law Program, visiting areahigh schoolson a weekly basis, beginning in January. They teach high school students the generalaspecrsofthe law and how to prepare and compete in an areawide mock trial competition for approximately ten weeks. This year approximately forty-one law students participated in the program. Area high schoolsthat competed in the program consisredof Ada High School,Lima Senior High School, Upper Sandusky High School, Kenton High School, and Bath High School. The final competition was held, Sunday,April 10, 2005, with an energeticgroup of both high school students and law student coaches. More than two hundred and fifry high school students arrived at Ohio Northern Universiry Pettit IHE
WRIT FAIT 200.5
College of Law ready to compete in the mock trial competition. Teamshad to be prepared to representeither the defense or the plaintiff This year's mock trial problem consistedof a student who was suing the school administrators for
improperly educating him. Both high school students and law studentswere able to learn and grow through this experience.The program gives high school studentsan opportunity to srarr thinking about higher education particularly
law school while in high school. The Street Law Program is dso a gteat way for the law students to give back to their surrounding communiry.
rual Law ReviewSymPosium
Act beof the Sarbanes-Oxley By Amy Archambauh (L-2, Houston, TX) hio Northern University College of Law hosted its twenryeighth annual Law Review Symposiumon March 18,2005, in Ada. This yearssymposium, In the Wabe of tbe SarbanesOxley Act, was exactly the high quality presentationthat has come to be expectedfrom the editors and staffof the Law Review especially after 2004s highly successfulProgram, Priuaqt and Surueilknce: EmergrngLegalIssues Justin Dillmore (L-3, Columbus, 200412005 Symposium Editor) and Ray Oldach (L-3, Erie, Pennsylvania,2004I 2005 Editor in Chiefl, worked throughout the year to preparefor the symposium along with the rest of the Law Review staff Practitioners,faculty and students were satisfiedby a day filled with discussionof the history and breadth of the Sarbanes-OxleyAct, aswell as the implications it has initiated for lawyers. "In the Waheof the SarbanesOxlqt Act" wx a day of scholarlY discourseon the ramifications of the Act, and approved by the Ohio SupremeCourt Commission on Continuing Legal Education for 4.5 CLE credit hours for attorneys. The symposium is succeededbY the Law Review Edition, allowing the speakers,as authors, to develop more comPletely in writing their ideas,which were presentedduring the day. The first speakerof the day was ProfessorManuel Utset of the S.J. Quinney College of Law at the University of Utah who presented,Self-ConnoI Problems & SecuritiesRegulations:the r4cr. Professor Sarbanes-Oxley Utstet teachessecuritieslaw, cor-
44
porate law and banking regulation. AssociateProfessor
LisaFairfax,Universiryof MarylandSchoolof Law, assobusiness who teaches clatlons,secuntles regulation and corPoratetransactionsseminar followed Professor Utset. Professor
Oxlqt Act, provoked not only seriousthought but also laughter at some of the more ouuageousacts that lead to the creation of Sarbanes-Oxley. Associate Professorand fusistant Dean Timothy P. Chinaris of the
TheHonorableMichael G. OxleY
UnitedStatesCongressman, Fourth Ohio Drstrict was the esteemedkeynote sPeakerover the /unch hour. Congressman Ox/eyrc a long trme suqqorter of ONU.As co-sponsorof the legrslationnow bearing hls name. Fiduciary Lau ProfessorJayneBarnard who teachesbusinessassociationsand securitiesregulation at \William and Mary School of Law began the afternoon sessionof the symposium. ProfessorBarnards
Appalachian School of Law was the final afternoon speaker. ProfessorChinaris serveson the ethics committeesof both the Florida and Virginia Statebars and publishesfrequently on the topic of ethics. He wrapped uP the day by discussingWhat the Act Meansfor Sarbanes-Oxley
speech,Historical Quirks,Political Images,and the Sarbanes-
Lauyers. The Honorable Michael G.
Fairfax discussedThe ImPact of Sarbanes- Oxlqt on CorPorate
Left to Right: Ray Oldach, CongressmanOxlqt, Justin Dillmore and Craig Anderson,
Oxley, United States Congressman,Fourth Ohio District was the esteemed keynote speakerover the lunch hour. CongressmanOxley is a long time supporter of ONU. As co-sponsorof the legislation now bearing his name, Congressman Oxley explainedthat the Act was originally introduced to combat low investor confidenceand markets,which were dropping at alarming rates. Today, the prognosisfor the future is bright, with active and independent audit committees, investor confidenceis being restored.This is reflectedin highs in the Dow, the SS.P 500 and the NASDAQ. The Law Review audience was delighted that Congressman Oxley was able to take the time to addressthe Symposium on the Sabanes-OxleyAct. Each year,the Ohio Nonhern Universiry Law Review hostsa symposiumfor practitionersand scholarsto encouragedialogueon important legalissues.Speakers are selectedfor their expertisein the field, and their abiliry to bring a national prospectiveto the ONU communiry. The 2006 law Rwiew Symposium will focuson WouldYouBe a Source? ReporterPriuilzgein the Post9/11 World. The topic will seekto o(posethe balancethat is being struck beween free pressand national security. Details on the 2006 I-aw Review Symposium availableon the Ohio Nonhern websiteat wurulzw.onu.eduor mail the law Review ar lautreor call 419-772' uieta@onu.edu 2248.
l
Mitchell Falber, Esq. speahs at an ONU Laut
Contin$rg Legal Education Program on Professionalismand Ethics \
f
itchell Falber,
'80),lecl\ /ll Esq.(L .tr.V ll-t.rr". andcorpo-
rate counselfor New York's ABC Carpet & Home, was featured in the National Law Journal,February14, 2005 issue,and the New York Law Journal, January 70,2005 issue. The two issuesfeatured hlghhghts from Falber'sseminars regardingthe in-housecounsel'sprofessionalresponsi bility. He usesas one instance"The 11-Hour Letter" (an overcharged billing) which he examples as the epitome of bad behaviorby an outside counsel. Mirchell Falberpresented the topic, In-House Practice: Promoting Ethics and Professionalism in the Vorld
Mlrcxell
FALBER
Professionalismin the World of Business, was directedprimarily to practicing atrorneys. Those attending the presentations commended Falber'sapproachand sryle of teaching. Students,faculry and practitionersalike agreedthat his topics were relevantand engaging. Mitchell Falber,member
of the Law Alumni AssociationBoard of Directors,has servedasgeneral counseland a corporate officer of ABC Carpet & Home for the past seventeen years. ABC Carpet & Home is a privately held affiliation of domesticcorporationswith over $ 160 million in annual sales.It is one of the largestsingle home furnishing storesin the world. It is alsoone of the finest having been awardedthe prestigious "Retailer of the Year" award by the National Retail Federation.Manynotable "Rich and Famous"frequent the New York store as customers. In his position asgeneral counsel,Falberhas seenthe company grow ftom 70
- M. Faleen
?siveto lnquiries and Dead/nes, reservea specialplace in tlteir ltearts practifor m able to be available, responsiveand ltelpful 0n a 7and ttshodeliaer zthat tlteypromise. Theseare the to lteart the often repeatedand, sadly,oftt, ignored
of Business,to both students and attorneysat the morning session on Friday, ApriI29, 2005. Falber'safternoon presentation,Synergy BetweenIn-House Attorneys and Outside Counsel PromotesEthics and THE WRIT FALL2OO5
employeesto over 1,300. ABC now has retail establishments in New York, New Jersey,Florida and London, England. Falberfacesa broad rangeof legalissuesin his position. He has experience in employment law, real estatelaw, risk management, corporatelaw, litigation and mediation. He has been significantly involved in all mattersof corporategovernance,corporatestrategic planning, iegaland commercial transacionsand global businessaffairs.He is responsible for the negotiation and implementation of a multimillion dollar, cutting-edge flagship computer hardware and softwarelicensing agreement in coordination with ManagementInformation Services.He is alsoan active participant in the company E-commerce. Prior to joining ABC fulltime, Mitchell actedas trial assistanrto outside counselin E.R. Carpenteru. ABC CarpetCo.,Inc., which resultedin a five-million dollar settlementin ABC's favor - the largestcounterclaim recoveryin New York Ciry civil court history.
Ethlcs - M. Fnlsen
Defne the LrkelyOutcomeof a "Executivesbelie,ue, ?erhapsincorrectly,tltat t/tey ca zutczmeswitltin a margin o1ferror. If the resultsarei /told tltemselztes,0r mzre often, ot/ters accountable.
stand *lty the legalrealm shouldbe any dffirent."
\
( @ SIX OHIO NORTHERN ljlw STUDENTS TRAIIEL ABROAD TO ICEI}IND his pastwinter,six srudents from Ohio Northern University College of Law traveled to Iceland to participate in the legal exchangebetween Ohio Northern and Universiry of Iceland. During their week's stayin lceland,they were introduced to the legal system through visits to variousgovernmental and legal institutions. Additionally, the students seizedthe opportuniry to form friendshipswith their Icelandiccounterparts,and to compare the law school experiencesin their narivecountries. Various cultural and historical siteswere visited, including Thingvellir, the location of the first Icelandicparliament, natuGullsfloss.an impressive ral waterfall, and geysers,the naturalgeothermalsprings locatedthroughout Iceland. EugeneHanson, the dean of the Collegeof Law in 1965, started the Icelandic exchange program,which has continued on for over 40 years. Dean Hanson was a visiting Fulbright scholar at the Universiry of Reykjavik. Dean Hanson, with
tance of Armann Snaevar,his counterpart and Rector of the Universityof Iceland,initiated the program to provide students from both nations the opportunity to experienceeach other's legal and social culture. Ohio Northern hosteda group of three Icelandic students for a week, prior to the ONU studentstrip to Iceland. The Icelandic studentswere shown the American legal system at various levelsduring their week in Ada. The studentshad the opporruniryto ride with members of the Lima Police Department as part of an overview of the U.S. legal system. Stateand federal courts were visited, aswell as the municipal court in Lima. The Ohio Capital was toured on a trip to Columbus. The 2004 presidentialelection was a large part of the studentsexperience. Seeingthe American voting processin action was certainly educationaland enlightening for the studentsfrom Iceland. Left to right: Dauid LaRocco (L-3, Findlay, OH), Lanette They had the excitingexperiSmithson (L-3, Woodbridge, VA), Mary Hobbs (L-3' ence of watching Air Force One fly PresidentBush into the Syracuse,NY), Russell Kaiser (L-3, Brooblyn, NY), Amber
Hanna (L-3, Iluntington, OH), and Amanda Riess (L-3, Ada, OH) Columbus Airport. The studentswere introduced to American culture with trips to local malls and restau-
rants in addition to their exposure to the legal system. The Icelandic Exchange Programcontinuesto enable law students from both schools to experiencethe other nation's culture and legal system.
-fllumniJcelandic Trip N/fay
of
Z|U-OG
Thelaw alumni offibealong with James 14,P4a ONULaw 1970and formermembercof the lcelandic ExchangeProgram,are planning an alumni tnp to lceland. ThisW wt[ be planned througha lravel agenqt lf you are ntercste{ please contact CherylKitchenat 4 / 9-772-/980 or lawalumni@onu.edu OHTO NORTHERN UNTVERSITYCOLTEGE OF LAW
Fiue Students Out of tbe Classof 2005 ReceiuedStateIudicial Clerhshipt lnveryyearstudentsfromCraigAndersonofIronton, than 200 colleges Ohio, is clerkingfor The fJa ,-o... Honorable\WilliamH. Harsha JUand.universities and over 30 statescome to Ohio Northern to study law. After graduation,they choosea varietyof careerpaths at location. around the nation. One of the careerpaths this is pursued is a judicial clerkship ar both the Federaland Statelevel. Each year Ohio Northern has graduaresthat are successfulin landing one of theseprestigious clerkships. In the Classof 2005. five of the graduateslanded iudicial clerkshipsat the state level.
at the 4th District Court of Appeals in Ohio. At the 3rd District Court of Appeals in Ohio we have four graduates including Holly Daughtery of Mt. Pleasant,Pennsylvania, clerking for The Honorable Thomas F. Bryant; Tonya Hunter of Mt. Vernon, Ohio, clerking for The Honorable Stephen R. Shaw; and Melissa Moeller of Rockford, Ohio, and Andrew Rudloff of Cortland, Ohio, are clerking for The Honorable Robert R.
crPp'
F I
f'F-XiffiHiHrui#Si#:ffiiffi
Pictured Left to Right: craig Anderson, Merissa Moeilex Holly Daughtery, Tonya Hunter, and Andreu Rudlnflf
williarn t. Broutn Memorial schokrsbi?t he \Tilliam J. Brown Memorial Scholarshipwas establishedby friends and colleaguesin honor of \Tilliam Brown, J.D. 1967, LLD 1980, to generously supporra student by providing distinctive opportunities for learning the law, and to cultivatea culture of sophistication and high aspirations in the College of Law. \Tilliam Brown was the youngesrman electedto the position of Ohio Attorney Generaland the longest to servein that office, from 197l-1983. He was the seniorpartner in the firm of Kegler,Brown, Hill & Ritter, taught at Franklin and Ohio Northern Universitiesand was active in numerouscharitable, civic,professionaland political organizations. Eachyear an incoming first-yearlaw student is THE WRIT FALI 2OO5
Associationof Atrorneys General in \Tashingron, D.C. Erica Erb from \Wapakoneta,Ohio was awardedand named the William J. Brown Scholar in the fall of 2004. During the summerof 2005, she interned in D.C. at the National Associationof Attorneys General. She Enrcl Ens spent a portion of the summer working ar the National selectedto be the \Tilliam J. Associationof Attorneys Brown Scholar basedon General (NAAG) basedin their undergraduateacadem- \Tashington, D.C. NAAG ic scholarship. This scholar- is, among other things, ship provides full tuition organizedto help facilitate during the students three interaction with the various yearsof law school as long attorneysgeneraland as the recipient maintains a improve the legal services CPA of at leasta 3.0. In offered by such individuals. addition to the financial \7hile at NAAG, Erica award, the scholar spends focusedmosr of her efforts four weeksof the summer on an environmental projbetween their first and secect. The project revolved ond year of law school around compiling starures interning at the National from every state regarding
various pollution activities. The goal of the project was to provide an electronic databaseavailableto all users for comparison purposes among the states. In addition to this main project, she had a variery of experiencesranging from attending meetingsat the Environmental Protection Agency to observingpolice misconducthearings. Overall, her summer experiencewith NAAG was invaluable to her future legal career."The researchand writing parts of the experiencewere good, but the interaction with all of the minds harnessedinside NAAGT office was even better. The experienceprovided me with a practical view of one side of the legalprofession, a side that I would have perhapsleft unexplored without this opportuniry" said Ms. Erb of her experience.
47
on Panel Presents Lecture W'oodutorth @ Changesin Thx-Writing Process By Louis E Lobenhofer, Professorof Laut oi Lawpref iJnn. College ll
JL-
sentedthe annual Laurence\fl
\Toodworth Memorial Lecture on FederalTax Law and Policy on May 19,2005 aspart of the ABA tax sectionMay meeting in 'Washington, D.C. This yeart lecturewas a panel discussionfor the first time. The panel included both peoplewith experience in the tax legislativeprocessduringLarry \Toodworth's time in the 1970'saswell as peoplewho hold positionsin the current tax legislativeprocess.Panelists explored changesin the tax-writing processover the past thirry years. The audience,which included peoplewho havebeen involved in the tax-writing processthroughout the thirry years,was fascinated. Since1995, the Collegeof Law has presentedthe 'Woodworth Lecturesin honor of Dr. Laurence\Toodworth, a 1940 graduateof Ohio Northern University. Dr. \Toodworth servedon the staff of the Joint Committee on Thxation in 1944 as an economist, and as chief of staff from 1964 through f977. At the time of his untimely death in 1978, Lar ry'Woodworth was secretaryof the assistant
Tieasury for Tax Policy, having servedin both the higheststaff tax policy position in both the executiveand legislativebranches. Dr.'Woodworth is still a legendin tax policy circles, and it is a pleasure to honor him through the lectures,so generously funded by the contributions of his friends and colleagues. Last winter, Bernard"Bob" Shapiro,a colleague 'Woodworth's of Larry for ten yearsand chief of staffof the Joint Committee on Thxation after Larry's death,approached Esther\Toodworth, Larrys daughter about presentinga panelon the changesin tax poliry and the tax legislative processbetweenDr. 'Woodworth's time and now. The idea had great merit, and we were very pleasedwith the excellent panelthat Bob Shapiro assembled.The scheduledpanelistsro representDr. \Toodworth's time were,
College of I'aw Claucle W' Pettit
w Nt
Ustvr'nsttY OHtoN onrHr'res Neal Woodworth The Laurence Lecture in Vf"*otial PoIicY Tax Law and States United
TheRoIe"f f::P'?l'"' TaxLegisratiott, onunrcfri.""i "r the in TodaY LarrY Wood'worth's
Era ond
$: ",'iftilllii'. M<tclcrrLtor: M' ShaPtrcr Mr. llelnard
MaY 19, 2005'
5:00P'm'
I F' (i' H.'& l l r d t P t ' r r c l e t r c e Hott'l "'-i-lr.ttntl I lv:rtt D'[l' Wtrshington' I' o|Lttrt' [lac t1t t i rttt ttt
Michael Graetz,Professorof Law at Yale, a member of the tax poliry staffof the Tieasury Departmentin the 1970'sand
Since1995, tlte College{Lart haspresentedtlte Lecturesin ltonorof Dr. Laurence Woodwzrt/J a 1940 graduateof OhiolVorthern [4/oodw0rtlr,
Deputy AssistantSecretaryof the Ti'easuryfor Tax Poliry from 1990-1992,and Mark McConaghy, Larry \Toodworth s successoras chief of staff of the Joint Committee on Thxationin the 1970's.On the panelrepresentingthe present-daypolicies was Lindy Paull, and processes chiefof staffoFthe Joint Committee on Thxation until early in 2003, and PamelaOlsen, fusistant Secretaryof the teasury during the current administration. The panel also included'l7illiam Archer, member of the House'Waysand Means Committee beginningin the mid-70's and recentlyretired
OHIO NORTHERN UNIVERSTTYCOLLEGE OF LAW
from Congressas chairman of .Ways and Means, who had servedthrough both eras,and Mr. Shapiro as moderator. The contrasts,as describedby the panel, were stark. Tax legislation in the early I970's was initially drafted in the House -Ways and Means Committee. The House Committee had a stable and very senior membership and largely operatedby consensus. Becauseof the slower paceof legislation, the Committee could hold weela of hearingsbefore writing legislation. The \7ays and Means and Joint Committee staffswere small but very experiencedand advisedboth Democrats and Republicans equally. Becausemarkup sessions were closedto lobbyists, the public and the media, the writing processwas subject to lesspublic scrutiny than happensar present. Floor debatewas limited in the House, so most of the political debateon tax legislation happened in the more open Senate. ConservativeDemocrars in both houseshelped to bridge the ideological divide betweenthe parties in Congressand making the processlesspartisan. The conferencecommittee often eliminated the more polidcally driven provisions before the final legislation emerged. Similarly, becausetax was a lessimportant political
issuethen than now and because deficits were not asgreara concern, the TheasuryDepartment could focus on sound tax policy in making its recommendations.
Larry\Woodworth. The 1980 election for both Presidentand Congressmade taxes,and particularly tax reduction, a major issuein every campaign since
needs. The processis much more exposedto partisanconcerns,the influence of lobbyists, and is constantlyrestrictedby budgetarypressures.Revenue
's ttme were, of the tax po/icy
'DeputyAssrstant -/991 and Mark -daypo/rcies and Jont Committee on Assbtanr Secrera4t
Most of what becamethe 1969 Tax Reform Act, passedunder the Nixon Administration, came from work done by Stanley Surrey,the AssistantSecretaryof the Tieasury for Tax Poliry in the Democratic Administrations from 1961-1968,and Larry \Woodworth. Severalseminal evenrs reshapedthe tax-writing process sincethe early-7}'s. The 1974 electionin the House,which reduced the power of committee chairs, enlargedthe \Waysand Means commit[ee, and enlarged committee staffsand staff for individual members, kept any subsequentstaff member from having as much influence as
then. The growth of deficits, leading to much tighter budget restrictions.also has made tax poliry much more a product of budgetary necessitythan it was in the 1970's. Indexing a number of significant items in the tax code, but not all, in the early 1980'schangedCongressfrom having to cut taxesjust to keep revenuesat the samelevelsto having to look for revenueraising provisions ro offset any rax cuts. The growth of complexity in our world and in our economy has also contributed to the complexity of the tax law. As a result, the tax writing processhas becomelessfocused on policy than on budgetary
estimatinghas becomeone of the most important aspectsof making tax law, and methods of revenueestimating have become a matter for political debate. In a complex and diverseeconomy and in a legislativeprocess restrictedby budgetarypressures,satis$tingthe demandsof different sectorsof the economy can becomemore important than needed tax reforms or rax simplification. Thx writing has changed a greatdeal in the last thirry yearsor so, and the changesgenerally have made good tax writing much more difficult than rhey were in Larry 'Woodworth's time.
ONU Tim Tbam Wins Autard for Third Yearin a Rout he Ohio Northern College of La#s tax moot court team continuesto be a strong competitor in the National Tax Moot Court Competition. This year,for the third year in a roq rwo students from the College of Law received"First Runner (Jp" honors for the legal brief they submitted in the National Tax Moot Court Competition, sponsored by the Florida Bar Association and hosted by Stetson University. The 2005 team consistedof JoshuaJ. DeMarco (L-3, lJrbana, Ohio) and Jonathan A. Jamieson(L-2, Mesa,Arizona). The team also demonstrated excellentoral advocary skills, advancing to the quarterfinals. THE WRIT FALL 2OO5
DeMarco and Jamiesonspenr severalmonths working on the brief and practicing their oral arguments. They receivedguidance from their studenr coach, Moot Court AssociateJustice, JamesJ. Packer,(L-3, Provo, Utah). Mr. Packerremarked, "Mr. DeMarco and Mr. Jamiesonworked exraordinarily hard and receivedseveralexceptional complimenmfrom the judgesand the competition coordinator which made the schoolproud." "'W'eare grateful for the diligent work of our students,"said faculry advisor,Richard L. Haight, "and for the honor they have brought to the Petrir Collegeof Law.'
Successfultan team membersseatedfrom left: Jobnathan A. Jarnison, (L-2) and losbua J. DeMarco, (L-3); bach rout from Ieft: Profexor Richard Haight, facuhy aduisor and James Pachex (L-, student coacb.
@ .,/^tup International Moot Court TbarnSucces{alfo, 6th Snaigbt Year By SeanAllcn,L-3 Moot Court ChiefJustice, Charlcstoa South Carolina rVoot Courr ExecutiveBoard ll Jf. congratulatedthe 2004-2005 Jessup International Moot Court Team for its accomplishments at this year'sNorth Central Regional Competition. Members of the team include Thmmy \Tatson (L-3, Pulaski, Tennessee),who was both a competitor and coach, Patrick Glen (L-3, Chambersburg, Pennsylvania),Erin Bumbalough (L-2, Manchester,Tennessee),and Nicholas Palumbo (L-2, Hudson, Ohio). Professor Howard Fenton was the faculry advisor for the Jessup team. The team traveledto Indiana University at Bloomington. This year, the Jessupteam advancedto the final round, where they won the runner-up trophy. This is the sixth consecutiveyear and the eleventhtime in twelve years the team advancedbeyond the preliminary rounds in this prestigious competition. In addition to the oral advocacycomponent, the competition alsoincluded a written component. The ONU Jessupteam submitted a brief on the issues before the moot court. The team receivedthe 1st runner-up trophy for its submission. Also. Patrick Glen FllFlh.
brought home the award for "Outstanding Oral Advocate" at the 2004-2005 North Central Regional Competition.
ProfessorFenton, (third fro* bft) judged thefinal round of the Uzbehistan national competition in Tashhant, Uzbehistan in January 2005.
Thtsyeat the Jessup team aduancedto the fna/ round, where they won the ftrnner-up trophlt
OHIO NORTHERN UNIVEzuITY COLLEGEOF tAW
ONU Hosts2005 Cennal RegionalPbilip C.Jessup International Laut Moot Court Comptetition rynhe
PertitCollege oi
Law hosted the ll J\ Central Regional of the Philip C. Jessup International Law Moot Court Competition, February25-27, 2005. Eleven teams from Ohio, Michigan, and Virginia came to ONU to participate in the three-day event. The winner of the regional competition, Case\fesrern, will join teams from across the United Statesand around the world at the Shearman6r Sterling International Rounds, held in'Washington,D.C. at the end of March. Schools sending teams to ONU included Case\fesrern, Cleveland Marshall, Michigan State,Thomas Cooley,Akron, Cincinnati, Detroit Mercy, Michigan, Toledo, fuchmond and Virginia. Presiding over the final round of the competi-
Judgesfor final round from left to right: ProfessorHouard Fenton,Judge Irffitl Sutton (6tb U.S, Circuit Court of Appeak), and ludge Reginald Routson (Hancoch Coun4r CornmonPleas Court) tion were Judge Jeffrey Sutton, 6th U.S. Circuit Court of Appeals,Judge
Planning Committeefor Competition from left to right: Maura Jo Bates (L-3, Neu Concord OH), Melanie Thomas (L-3, Dotban, AL), SeanAllen (L-3, Charleston, SC), Professor Houard Fenton, Brett Sutaim (L-3, Neenah, W) THE WRIT FAIL 2OO5
Reginald J. Routson, Hancock Counry Common PleasCourt, and Professor Howard N. Fenton. The JessupCompetition, the oldest and largestinternational law moot courr competition, was startedin 1959 by a group ofstudents from Harvard, Columbia, and the University of Virginia. \fhile the first competition consistedof only two teams, both from Harvard, last year'scompetition featured teams from 539 different law schoolsrepresenting 83 different countries. This year'sJessupproblem involved a dispute beween two countries over a commercialshipping ves-
sel, its crew and its cargo after the vesselruns aground as the result of a pirate attack. The problem dealswith maritime and environmentallaw issues. Ohio Northern's ream competed in the Jessup Competition at Indiana Un iversi ry- B lo om i n gto n and brought home the runner-up trophy.
i I
I I
DHI{'S tr-]fThe Deans Lecture ll Seriesprovidesthe law -4. schoolcommunity accessto nationally recognized legalscholars.This pastyear three outstandingspeakersvisited the campusof ONU presentingpertinenttopicsin a variety of fields to law students and othersin the field of academia.Mark Tushnetis a Carmack\Taterhouseprofessorof constitutiond law at GeorgetownUniversity Law Center. Daniel C. K. Chow is a RobertJ. Nordstrom/PorterWright Morris & Arthur designated professorof law at The Ohio StateUniversiryMoritz Collegeof Law. LawrenceE. Mitchell is a John Theodore Fey researchprofessorof law at The GeorgeWashington University Schoolof Law, and Norman B*ry is professorof socialand political theory at the Universiry of Buckingham (England).
S. qJ
s\)
Lecture Series2004-2005 SupremeCourt Justice Thurgood Marshall from 1972-1973.He then wasa member of the law faculry of the Universiryof Wisconsin at Madison until joining the GeorgetownUniversity Law Centerin 1981.He wasthe secretaryof the Conferenceon Critical LegalStudiesfrom 1976-1985,and was the 2003 presidentof the Asociation of American Law Schools. ProfessorTushnethascoauthoredn^/ocaseboola on federalcourts:American ConstitutionalLaw and ComparatiueConstitutionaI Law. He hasauthorednumerous other booksincluding the following: TheNMCP's Legal SnategtAgainst Segregated Education, I 925- I 950 (This book receivedthe Littleton Griswold Award of the American Historicd Association);Red,Whiteand Blue:A Critical Analysisof ConstitutionalLaw ; Making Ciuil RightsLaw: Thurgood Marshall and the Supreme Court, I 960- I 961; Mahing ConstitutioalLaw: Thurgood Marshall and the Supreme Court, 1961-1991,'and Takingthe ConstitutionAway from the Courts
Mlnr V. Tusxxer MarkV
hs Effiu on U.S. Manafaauring on November 18,2004. He receivedhis B.A. and J.D. from Yaleand servedasa law clerk to the Honorable ConstanceBaker Motley, chief judge of the U.S. District Court for the SouthernDistrict of New York. After his clerkship,he joined the law firm of Debevoise& Plimpton in NewYork Ciry. In 1985,he joined the faculty ofThe Ohio StateUniversity where he teachesinternational law international businessffansactions,Asianlaw,jurisprudence,and property law. He haspublishedessays on international law in the Northwestern,Tirlane,and Iowa law journals. Professor Cho#s recentlypublished books include: A Primer on ForeignInuestmentEnterprises ; Protection of Intelleuua I Propertyin China; and The LegalSystemof the People?s Republicof China in a Nutshell.
$pookerrcchcdulodlor fhe 20O5- 2006 sorior S
r tilday, Seltnmber 23,2005
s\)
Lawrence E. Mitchell John TheodoreFey ResearchProfessorof Laut The GeorgeWashington Uniuersity Latu School
\J
Tushnet began
r l{tilttosday, liovomDor 16, 2005
the seriesof lectures on
Kormendy Lecture
September22,2004. His presentation was sponsored as the annual Kormendy Lecture. His topic wa.sA
Court Diuifud; The Rebnquist Court dr The Future of Constituti onaI Lau. After receivinghis J.D. from Yale,ProfessorTushnet servedasa law clerk to U.S.
tured in politicsat Queen's University of Belfastand at Birmingham Polpechnic (now the University of Central England) beforebeing appointedasa readerin politics at the Universiry of Buckinghamin 1982. ProfessorBarry'sbooks include the following: Hayeks Socialand Economzc Philonplry 0979); An Innoduction to Modtrn Political TheoryQ981); The Morality of Business Enterprise (1991); ClasicalLiberalismin an Age of Pox-Communism (1996);Business Ethics(1998) ProfessorBarry was awarded a chair in socialand politicd theory at the Universiryof Buckingham in 1984. He has beena visiting scholarat the SocialPhilosophyand Policy Centerand at the Liberty Fund. He is a memberof the Advisory Councils of the Institute of Economic Affairs, London; the Institute for the Study of Civil Sociery London; and the David Hume Institute,Edinburgh.
\
qJ
sqJ Dlxrel G.K. Gxow
ProfessorDaniel C.IL Chow presented Counterfeiting in China and
ProfessorNorman B*ry presentedDuorhin's ludicial Imperialisn on March 31, 2005. ProfessorBarry is a political theorist with an interest in political economyand in the connectionsbetween politics,ethics,and economics.A graduateof the University of Exeter,he lec-
JamesJ. tilThite Robert A. Sulliaan Professorof Laut Uniuersityof Michigan Laut School
r filday, feDruary 10, 2006 TheresaM. Beiner Professor of Law at Little
Uniuersity
Rock, \Villiam
ofArkansas
H. Bouen
School ofLaw
r Thursday, ]t|arrh 16, 2006 Douglas Berman Professorof Law The Ohio State Uniuersity, Moritz Collegeof Laut
ONU Laut Students Contincte to
Volunteer Their Time to HeIp Others By Cheryl A. KitchenoDirector of Law Alumni and CareerS6rvices
aw studentsat Ohio Northern Universiry Collegeof Law continue the history of public servicein actively seeking ways to make a difference in our society. In the summer of 2005, six of our studentsreceivedpublic intereststipendsof $1,000.00eachfor their work in various organizations acrossthe country. The Public Inrerest Summer Fellowship Programbeganin 1994 to createopportunitiesfor our studentsto pursuetheir goalsand dreamsof becomingpublic interest attorneys. The money is raisedthrough the annual Public Interest Auction and since1994, over $40,000 has been awardedto 35 students. In addition to attending the auction, alumni, faculry staff, friends of the universiry and studentsdonate items or match funds for the auc, tion. This annual event has grown eachyear, and we encourageits expan-
sion, which allows even more students the opportunity to gain valuable experience in the public service area of law. This fellowship program has given some of our students, who otherwise would not have been able to work on a volunteer basis during the summer, the opportuniry of participating in public interest employment.
Last sum-
mer, the students had a variety of experiences:
I Vrcronn KorrnanN (Z2, Dry Fork, Virginia)volunteeredfor a Guardian Ad Litem program in Toledo, Ohio. I Erzennrs Gnoncn (Z2, Uniontown, Pen nsyluani a) v olunteered for the Juvenile Section of the Office of the Attorney Ceneral ofVashington, D.C. where sheworked with the Public Safery Division. I Jrssrce WErNnnnc (Z-l, Tohdo, Ohio) volunteered for the Law Office of
David M. Sternfield in Chicago, Illinois where she researchedautism legislation in various states. I Aunrorw LeMsorN (Z2, Williamsburg, Kentucky) volunteeredas a CASA/GAL (Court Appointed Special Advocates/Guardian Ad Litem) of Hancock County. I Horry VeN Merpr (L2, Muncie, Indiana) volunteered for Pine Tree ServicesInc. in Machias, Maine, a poverry clinic offering legal aid to several tribesof Native American Indians in the area, migrant farm workers, and many with HIV/AIDS. I MerrnErur HESLTN(L-1, Milwau hee, Wisconsin) volunteeredfor A Womans Place Legal Aid for Domestic Abuse in Doylestown, Pennsylvania, a non-profit group providing shelter,counselingand support for women and
Tbe Public Interest Summer Felloutship Program began in 1994 to create olrlrortanities for our students to Irursue tlteir goals and dreams of becomingpublic interest attorneys.
The lrrogram is
funded eachyear by holding the annaal public interest auction.
children in crisis.
THESESTUDENTS, ALONGWITHTHEONESWHOHAVEGONETHROUGH THIS PROGRAM IN THEPASI AREDEDICATED TO PUBLICSERVICE. WECONTINUE TO ENCOURAGE OURSTUDENTS TOPARTICIPATE IN MAKINGA DIFFERENCE ANDEFFECTING SOCIALCHANGE. For information about this ptogram, please contact Cheryl A" Kitchen, Director of Law Alumni aod Career Services ar (419) 772-2249 or email at c-kitchen@onu,edu. THE WRIT FALL2OO5
53
Al Baillis Remembers Dean Hanson son lived his hfe v
c:urase facrns i. ln hiu yourlr rr"T::y:t h rhe wasa strtcken itnpaired his abihr mttr pohl ;d; ro wa']k Ge'e rnur"u;".:,'Y ::1"i. usraith Gene
EugeneN. Hqnson,
o"-Tl1Ti';;' ";-';;;;::J;:"T; Pyttung tffilj 3io;'eved that' sparks of the drvine :ad crealed. L4tren ' &oC1sees God one looks at on' as Gene dtd' li ?'l one ;; ; utto#n;uDu'ng the "u"
who led Ohio
_ , vu v vuL,)z r,n1tlg.
Northern University Collegeof Lqw os deqn from 195 8 to
1973,died April 18, 2005, ol his
il-"1":ber
In addition
to i
orunoAdavLr.raqe er
;ffi;;l$t#u. establish u
n,r',*l,uu", Fjeprornded
helped then
"u.rro" wrrh rhisrarnrry ;i::::ii3 year orhis
riib la.urn;;:':;::,T:
Dtrnng Dunng the jast the jast W . p cau8hl-r. Jpnrd/,tn I ntornxtt lle was a Ohio lVorthern Univ
?*"1'i1i."# .{^"
lirerirneeven rru requenti; requenti;
ol
dqughter'sresrqence in Oqkmonl, Pq. orn in Lola,'Wisconsin, he survived polio at age 8 and went on to receive a bachelor's degree from Luther College, a master's in mathematics and a doctor of jurisprudence degree from the University of \il7isconsin, then a master's of law from the Universiry of Michigan. He joined the law faculry at Ohio Northern in 1947.It was here he met his wife, Katie Lou, who preceded him in death. tWhen Dean Hanson
,
T h e l a s i L r r r L ef h o r . ,
zen though he was tve and concern fi:r nronderthat his stu_ i relovedp"oruuuo" of &
wasupbeac rwodays l:':i t:n' "J, ". n:;.#;ffii T:1" Llved' tr,lth quret courage fb,c_
]ng in the right drection.
students and developed close ties with many of the foreign students. During the school breaks the dorms on campus closed so the Hansons opened
Fulbright professor in Iceland in 1961 and establishedthe student exchange program that continues today. From 1974 to 1976 he was a visit-
their home ro many of the foreign students until the next
ing professor at Mcceorge School of Law in Sacramenro,
quarter began. He remained close to many of his former students throughout his years.
Calif. He served as a Hardin Counry court judge from 7982 to 1988. He was a member of St. Mark Lutheran Church, Ada, and a member of the Kiwanis. Dean Hanson and his wife were leaders in
After a long and distinguished career at Ohio Northern Universiry Dean began his tenure at Ohio Northern Universiry College of Laq he was one of three faculry members. Dean Claude -M Pettit and ProfessorNelson Jones were the other rwo faculry members. At that time, the students were just coming back
Hanson retired as professor of law in 1984. As he retired he said, "It is interesting to see how students rake their places in sociery in government, in
the
Ada
practice, and on the bench. One of my biggest satisfactions is seeing former students accomplish noreworthy tasks." Dean Hanson was a
from'S?\7II and wanted to attend law school. In the late 1940s, rhere were about 300
communiry and in 1990 received the Ada Distinguished Citizens Award. ONU srudenrs, graduates and friends will miss Dean Hanson and how he continued to have a positive influence on all who knew him. One example of how much students enjoyed taking classes from him was in 1979, a group of students formed the "Seventeen Club." The members of this club had taken all l2 hours which Dean Hanson taught. That same year, the "SeventeenClub" hosted a surprise dinner in his honor. A picture of the group was taken in front of the Mclntosh Center and Dean Hanson cherished that picture which hung in his office.
students in the College of Law but there were fewer courses required and the students attended classesall year long. Through rhe years, Dean Hanson and his wife Katie, befriended many of the law
A few wordsfrom Professor stephenveltriat the
2OO5HonorsDav Banouet
*Colleges are one of the great achieuementsof taesternciuilization. They enable men and women to pursue a commonpurposeacrossgenerations. tlt;s night dedicated to excellencein the study of latu, thidean and Qn facuhy u.,ouldlike all gathered here to pausefor- a moment to remember GeneHanson. Dean Hansonlsman)/ contributions to our Collegeare unequaled in its 120 year history. He was a great leader during hh rtfteenyear tenure ds our Dean. He was a gified and dedicated teacherduring his 37 )/earson thefaculty and a generouscolleagueand friend throughout his entire life. GeneHanson LUA:an in$iration to us all and tltat was so,perhaps especiallyso,during the last ye)rs of his tife which be spent bedridden. wheneuer an)/ of us spohewith Gene during-his last days, he alutays hfied our spirits and fitted us u.,ith hope.
the Resurrection,in tahich Genehad boundless
e in silenceand in gratitudefor his lxfewhich, college, hassoenricltedour own." THE WRIT FAIL 2OO5
Autltor tfTaxes in Paradise, RicltardL. Professor Haigltt RetiresAfter 20YearstfTeaclting Eoucerrox A.8., Boston University J.D., Suffolk University LL.M. in Taxation, Boston University Bnn AoIIISSIoNS Massachusetts District of Columbia Various Federal Courts U.S. SupremeCourt PnopBssroNAL O ncexzeloNs ABA Section on Taxation AALS Section on Taxation AALS Section on Donative Transfers, Fiduciaries, and Estate Planning
describingthe growth of income tax rules in an imagined developing country. He is alsothe author of Problemsin Fedzral Estateand Gtfi Taxation,(LuPus Publications,Ltd. 1997, 1998, 1999), a book designedto teach law studentsbasicFederaltrans-
CnnEpn ASA Lew PnopEsson In 1984, ProfessorHaight joined the faculry of Ohio Northern University College of Law, and in 1987, he was appointed Professorof Law. Over the years,he taught courses in federali ncometaxation' federal estateand girt taxlfiion, tax exemptorganiztttions,estAtes, wilk, and trusts,estntePlanning, corporateand partnershiPtaxahon. ProfessorHaight has been recognizedby his peersand the students,earning the Ohio Northern Law Dean'sAward for TeachingExcellence(1993, 2005), the Student Bar Association'sMost Effective TeacherAward (1994. 1995), the Phi Delta Phi Award for
fer tax provisions.
CanEPn AS A PNECICTNC
AtlonxPY ProfessorHaight servedas a attorney in the Office of the tax Legal Ethics and Professionalism Counsel of the Internal Chief rn 1994, and the Daniel S. Cuy Servicein the national Revenue Award for Excellencein Legal \Washington,D.C., in office Journalismin 2005. working in the Tax Litigation ProfessorHaight s areasof include researchand publication federal estateand gift taxation and the law of tax exemPt organizations.He is the author TiuesIn Paradise:DeueloPing BasicIncome Thx Conceprs(Fred B. Rothman & Co., 1990;2nd Ed., \William S. Hein 6c Co., 2005). The book introduces studentsto complex principlesby
Division. He was subsequently employed by the United States Thx Court, ultimately to a senior position as a specialattorney-advisorworking with complex tax litigation. Following his employment with the IRS and the Tax Court, ProfessorHaight engagedin Private practicein'Washington, D.C., specializingin tax exemPt or ganizatronsand advising clientson a wide rangeof tax and estateplanning issues.He alsorepresentedclientswhose rights had beenviolated under the District of Columbia Human Rights Act. IcoNr
First Return of the Estate," conrinuing legaleducation materials(to accompany lecture),distributed at the symposiumsponsoredby the ONU Senior Citizen'sLegal Servicesprogram and the Cora Miller CampbellTiust (1990).
Left to right: Daniel S, Guy, Raymond Oldacb (L-3), Ricbard Haight.
ProfessorHaight was actively involved with studentsat Ohio Northern for many years. He servedas faculry advisor for the Tax Moot Court team which has had a ffemendousrecord of outstandingaccomplishmentsin national competitions.
taxprogramsandseeking employment. Professor Haight actively ')eral "hxes including in Paradise, and maintainsthe "Thx ?ieces, PueucATroNS Boo[s PROBLEMS IN FEDERAL ESTATEAND GIFT TAXAIION (Lupus Publicadons, Ltd., tgg7,tgg8,rggg) [Summary]lThbleof Contents] PROBLEMSIN FEDERAL ESTATETAXAIION (Lupus Publications, Ltd.,1995) TAXES IN PARADISE:DEVELOPING BASIC INCOME TAX CONCEPTS (Fred B.Rothman & Co.,1990) (2ndEd.,\Tilliam S. Hein & Co.,2005) ISummary]
Articles Poliry Factsand Incidentsof Ownership Under Estate Tax Section2042(2):The Legaryof RhodeIsknd Hospital Tiust, 28 Duq.L. Rev.109(1989) The article abovewas selected by W'estPublishing Co.for inclusion in the \Testlaw compilation of significant legal articles(1990). Lobbyingfor the Public Good: Limitations on Legislntiue Actiuities by Section501@(3) Organizations, 23 GonzL, Rev.77 0987-88\ CLE "Tax Exemption of Religious Organizationsand Their Affi liates," conrinuing legal education materials(to accompanylecture),distributed at the symposium: "Legal Planning for the Local Church," sponsoredby ONU Collegeof Law and the \WestOhio Conferenceof the United Methodist Church (1997). "IncomeTaxIssuesat Death: The Decedent'sFinal Return and the
THE WzuT FAtt 2OO5
Professor of Law Educatron: A.8., Cornell University; J.D., Case Western Reserue University Law, Law and Religlon,Federal Teaching lnterests: Constitutional Courts,Corporations,Law and Literature,Employment and LegalEthics Discrimination, ProfessorBrant was a principal speakerat a symposium on church-stateissuesat \V'right State in April, 2005. She continues to serveas an NASD public arbitrator, and recently published an updated chapter in Baldwin's Ohio Domestic Relations (Ch. 23). She will moderate this year'sLaw Review Symposium; the featured topic is freedom of the press. She will be featured at the "Law Day" program at the Freed Center in September, and will speakat a Cleveland CLE event in October on the constitutional history of obsceniryregularion.
Professor of Law 8.5., J.D., University of Texas Trade Law, InternationalLaw, Teaching Interests: International ComparativeLaw, and Contracts ProfessorHoward Fenton continued his work as a consultant on administrative law reform for the United StatesAgency for International Development. He made four trips to Tashkent, Uzbekistan benveen October 2004 andMay 2005 to assista working group of Uzbek lawyersand government officials in reforming rheir systemof administrativejustice. ProfessorFenton also participated in a conferenceon administrativelaw reform in Kazakhstanin June 2005, in Astana, the new capital of Kazakhstan. His international travels took him to Havana, Cuba in March 2005 where he lead a study tour as chair of the International Law Committee of the Ohio StateBar Association. In January,Professor Fenton was appointed Chair of a NAFTA Chapter Ninereen trade panel to decide a dispute berween the United States and Mexico over Mexican expors of oilfield pipe to the U.S, This is the sixth NAFTA panel Professor Fenton has served on. and the third that he has chaired.
Professor of Law Educatr'on:8.5,, University of Kentucky; J.D., Northern Kentucky University; LL.M., Temple University School of Law Teaching lnterests: ComplexLitigation,Civil Procedure, Law, Evidenceand FederalCourts Environmental ProfessorHill gave a presentationentitled "lJrban Legends,Tort Reform & The in the Age of Media Hyp. and Distortion" at a CLE proFrivolous Case:"Professionalism gram sponsoredby Phi Alpha Delta in the Fall.t He continues to work on an article about the regulation of alien plant and animal species.
OHIO NORTHERN UNIVERSITY COLLEGE OF LAW
M.A.,AmericanUniversity;J'D.,AntiochCollegeof Law Law, Civil Procedure,Evidence, Teaching Interests: Constitutional and CriminalProcedure LaborLaIru,
' '
.l' b
/
and the "Americantslll ol P\rghts' in Lima City Schools' Since 1994, he has ser,reithe community by working with students
effortof tf" Oii' S-*" s* *sociationklublic Unde:Tt':9-?J::tj::i:l'l;::*#:t* theprojectasanoutreach Heiniciated ,h.stud.,,t .o-ch
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."iderarietv orlegal
Lima Ciry Schoolsreported p-ng'*51 g* t'., li."arn hasbeenverysuccessfirl. - riifr.fi-gJ" r."a"g i; 4'"**k il;;;;;; thar the smdentshave reporred "p also harc Teachers pie'".. **.o,ru"..h of * in profi.i.ncy t.st s.oresinliti".*ftfi a majorincrease programhelpsthem the "'.*"fa in .todentswhoseinvoh'ement ir.r, ry- 1t. ta5"tifie, oneoi; *i |ilJ*. interesti., g-"*".,. shonnincreased way in their that maybe ,"Ai* ,ft". ."to^ i" f"* arid got'..nme.,t,re po"sible,despiteobstacles for the village doespro bono.w-ork A''.''y' i"t irt rt"" is alsoinvolvedit t *ry ---,i"i{"frf Frenc-h * |d.*t:i "li ServicesAssociation' ""r""*tt"a Legal fuea and the Allen county-Blackhoof of Dunkirk, ,h. All.r, Counry citizens for the Environment
Professorof Law Education:B./.E., Auburn;J' D', lndiana-Bloomington CapitalPunishment, Teachinq Interests: Legal.Profession, CriminalLawand Juveille Homlcloe (book published in June New books and articles: "DeathPenaltyin a Nutshell" (Znd ed.) ,,Condemned,Ignored, Fo.gott..rlLife and Death Storiesfrom Ohios Death Penaltyfor 2005). 'Womeri' (book i1 pr.rri."pected Sirin g2006). "ProsecutorialDiscretion in JuvenileHomicide named Ella & Cases,"109 PENI\i STATd lA\7 tiEVI-E\f rc71 (200). ProfessorStrieb ABA Juvenile national the of Co-Chair named 2005; August in beginning Ernest FisherChair 2005.The u.s. Supremecourt decidedRoperu' Aug-ust beglnning"i.r committee Justice His publicasimmonson March r,"zool,"lroldin"g the juvenile death penalry unconstitutional. for the Ohio CLE a He presented case. that in opinions in theii times eleven dons were cited in.their manual: StateBar Associationin Columbur, "ni his written materialswere published "Death Defense: Penalry in Litigation, Penalry Death in overview of current Developments (May 2005)' ProfessorStrieb Institute) CLE Ohio (Columbus, OH: 1.1 at Appeals" Tiials and and NPR All Things considered' hasconductedmany interviewswith media, including New %rk Times
Dean and Professor of Law
Education;A.8., Duke tJniversity;J.D. Universityof Mici Law and Constitutional BusinessOrganizations Teaching campaign Dean David crago continues to serveas chair of the Judicial Election The committee is Advertising Monitoi"ing Committee of the Ohio StateBar Association. sevenof which are attorneys. The committee servesas a made.rp oieleven -.-b.rr, '*atchdog" to hold the candidatesand interest grouPsto a high standard of conpublic Thomas Moyer was iu.t d,rring y'.rii.i"l campaign. In January of 2005, Chief Justice " Ohio the Judicial Center sworn i., tJ t i, fourth ,.rrn oi the SupremeCourt of Ohio in crago. Dean by courrroom in a ceremony that included remarks
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@ Assocnte Professor of Law Education: 8.A., College of Wliam and Mary; J.D., University of Virginn School of Law; Ph.D., University of Virginn Teaching
Law and Legal History Constitutional
ProfessorGerber presenteda paper basedon a novel he is writingat a conferenceon "The Powerof Stories"at the University of Gloucestershire(England). He also delivereda
Teaching
Torts,InsuranceLaw, and TrialAdvocacy
In May 2005, ProfessorThasterattendedThe Ohio Academy of Thial Lawyers2005 Annual Convention in Columbus, Ohio. He also delivereda lecture "Insurance Bad Faith: Punitive Damagesand Other Issues,"and his outline was published in Seminar Materials titled "Proud To Be A Tiial Lawyer." ProfessorTlaster has also submitted a manuscript "InsuranceBad Faith In Ohio," which is scheduledfor publication in the fall as a chapter in a new book on Ohio tort law.
Professor of Law Education: 8.A., {,/niversity of Pittsburgh; J.D., Georgetown University Law Center; LL.M., Columbia University Teaching
CommercialLaw and Property
On April 12,2005, ProfessorVeltri participated in a roundtable discussionof "The Ethics of F"i,h-B"sed Policy" sponsoredby Cedarville University and the Center for Political Studies.Ms. Krista Sisterhen,Director of the Governors Office of Faith-Basedand Communiry Initiatives, and John Forren, Professorof Political Scienceat Miami University, also appearedon the panel. ProfessorVeltri also published a secondedition of his book, 'ABC; of the \JCC: Article 3: NegotiableInstrumentsand Article 4: Banh Depositsand Collections".
COLLEGEOF LA\ry OHTO NORTHERN UNTVERSTTY
Professorof LawEmeritus Deanof Collegeof Law 1978- 198i Education: 8.A., Ohio \Tesleyan; J.D., Ohio Northern Universiry;LL.M., S.J.D.,Universiryof Michigan
Publications: ARTI CLE S (Neutspaper s/ M agazin e) A Tributeto RetiringProfessor Albert A. Baillis, \fzuT (Ohio N. Univ. Law Alumni Ass'n,Collegeof Law,Ada, Ohio) Fall-\Tinter1991-92,at 4. AhernatiueDisputeResolution(ADR), \[RIT (Ohio N. Univ. Law Alumni Ass'n, Collegeof Law,Ada, Ohio), \Winter19899 0 ,a t 1 1 . Daniel S. Guy & JackMcDonald, Gouernment in theSunsbine, 53 N.D. L. REV 51 (1e76). An Empirical Studyof Fact-Findersin HighutayCondemnationCaset I OHIO N.U. L. REV.62 (1973). Land Condemnation,5l N.D. L. REV 62
(re73). THE WRIT FAIL 2OO5
BOOK STATEHIGH\TAYCONDEMNATION (1971) PROCEDURES CLE Introduced ProfessorAlbert Baillis at the Ethics Lectureon AugustT, 1992. Pharmacy Law Symposium.
IE t Procee
is inlterenttin sovereigntyand reguiresno spec,ific constitutional recognition.It is not ffirmatively mentionedin the
constitution { tlte united states. of course,we associate
tltefederal power of eminent domain a:itlt the Fftlt Amendment, atlticltproaides that private property shall not be taken-fo,?ublic useusitltoutjust compensation. This amendment,/tower.ter, doesnot createthepoa:er of eminent domain. Its exercisein an! given casemust be autltorized by the legislatureexceptas tlte Constitution dirertty grants tltis autltority to otlter departments.I
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usual Provision lTlhr.private property that I shall not be taken tfor public usewithout just compensationis alsofound in all but two of our state constitutions.tIn addition to this and the provision that no personshall be deprived of his or her property without due processof law, a number of other limitations have been placed upon the exerciseof the power of eminent domain by the various stateconstitutions. Dean RoscoePound, of Harvard Law, givesus some valuable insight into thesevarious requirementsin his classic book, JusticeAccordingto Law.3 In the early nineteenth century our citizens developed a certain distrust for Iegislativeaction. As a result, the statesbegan to write into their constitutionsprovisions that would prevent their legislaturesfrom authorizing the taking of land for public use that without someassurance just compensationwould be paid. Theseconstitutional provisionshave been the focus of recentjudicial decisionsthat call into question whether they offer enough protection to public or Private properry.
W'orthington could condemn five acresof a Columbus-ownedpublic park located in \Worthington, to expand a crowded cemeterythat abuts the park. In 1912,Oh ioans amended their Constitution to provide that "municipalities shall have the authoriry to exerciseall powers of local self-government". This muef,,ba e u l h o r i z e d amendment, known as the Home Rule Amendment, exce\ ae the by f,heleqielat'ure includes the power of eminent domain.TDespitethe qranLs Lhie Conelituliondireclly fact that the Ciry of aulhoriLyto other de?arf,menLo, tVorthington had the authoriry to exercisethe power of condemnation;the the condemnor and is conSupremeCourt of Ohio demning properry for one of restrictedits power by utilizits sovereignpurposes,such ing the "prior public use" as building a new highway, rule. According to the the fact that the desired Court, this doctrine provides property is alreadydevoted that when a condemnor no impedito a public useis seeksto exerciseits power ment.aSincethe statehighrespectto properry with way department is an instrudevoted to public already mentaliry of the state it ith the increased may be its action use, assumesits sovereignpower tempo of construcif the proposeduse enjoined and may condemn such tion in our countr% will either destroy the existproperry. On the other properry alreadyin public ing use or interfere with it to hand, the doctrine of prior usewill sometimesbe conpublic usemay be applicable such an extent as is tantademned. The pre-existing mount to destruction,unless if the condemnoris a use may be public park, the law has authorized the municipaliry.5 municipal golf course,or a acquisition either expressly A recent casedecided by scoreof other possibilities. implication.t or by necessary the SupremeCourt of Ohio Thesecompetingusesraise The majoriry upheld the involvesthe prior public use the question of whether such public properry may be doctrine.6 At issuewas whether the ciry of condemned. If the stateis
Tl'l'eorcfE',. '--alt(ert fu]
OHTO NORTHERN UNIVERSITYCOLLEGEOF LAW
prior public useprinciple although its application in this caseis debatable. In its behalfl the Court held that the doctrine providesa "measureof reliabiliry in resolvingeminent domain proceedings in Ohio."e One must acknowledgethat adherencero an established rule often advancesthe goals of certainry efficienry, and the appearanceof jusrice. Certainryin the law allows individualsto rely upon future application of current legalprinciples. Efficiency is promoted by not duplicating the efforts of earlier courtsresolvinga similar issue.Also, there is an appearance of fairnessand justicewhen people believe the judgesare following impartial rules as opposedto personalpreferences.Yet, arguablyin this casejustice may well have been better servedby adopting an approachsuch as balancing the interestsbet'weenthe proposeduseand the existing use. W.hatif it develops that the park in quesrionis seldom used? However, the majoriry of the Ohio SupremeCourr, like many other courts in difficult cases,prefersthe courseof following the status quo. ' JusticePfeifer,in a welldissent,expressed
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requirement that the owner be paid just compensation. In his Commentaries,publishedabout 1765, Blackstonestated:
m u n i c i p aql o l f c o u r e e o , r a o c o r eof other ?oaoibililiee. applicationof the prior public userule in that it 'yields a mechanical'firsr useis best use' result to everyinquiry."to In JusticePfeifer'sview the "I believethat the... doctrine needsfine-tuning so thar properry disputesberween public enririescan be resolvedthrough a reasoned weighing of alternativesor possibleuses."" JusticePfeifer would require proof of reasonable necessiryfor every taking. He would also require a showing that the benefit to the condemnor from any taking would outweigh its disadvantagesro the condemnee.t' Accordingly, JusticePfeifer would have remanded the caseto the trial court for determination as to whether there is a reasonablenecessiryfor the proposedtaking by the Ciry of \Torthingron.
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"gcq trFFhe decision in Worthington u. Columbusintroduced ll lJ another debatablemarrer when the majoriry stated that "defining the parametersof the power of eminent domain is a judicial funcdon."', The courts, however, have generally been reluctant to overturn legislative exercisesof the power ro take properry. The venerable British jurist,'S7.illiam Blackstone, noted the power of the legislature to take properry was plenary, limited only by the
Allthatthelegislature doesisto oblige the ownerto alienate his possessions fora reasonable price;and eventhisis anexeftion of power, whichthe legislature indulge with caution, andwhich nothing butthe legislature can perform.l4 Judicial reluctanceto overturn legislativeexercises of the power of eminent domain has been evident in severalUnited States SupremeCourt decisions issuedin the last half of the twentieth century.t5 In each case,a taking was challenged on the basisthat private properry was taken nor for a "public use" as the Constitution demandsbut rather for private development. In each case,the high court reiteratedthat "lpJrimarily, the right to declarewhat shall be deemeda public use' is vest-
tlteir Constitution amended Oltioans In 1912, @ to provide tltat "municipalitiessltall ltane tlte all powers,f autlJzri4)to exercise IocaI selfgo'uernntent" . ed in the legislature."'u Perhapsthe Ohio Supreme Court should speakmore carefullywhen it discusses such complexities. Thesecomplexitiessurfaced in the casethe United StatesSupremeCourt decided last term, Kelo v. Ciry of New London.'7 The Ciry of New London invoked the power of eminent domain to take the homes of Mrs. Kelo and others. Thesehomes were not blighted properties and the Ciry did not attempt to justi$t its exercise of eminent domain as slum
with the Ciry. In the majorclearance.Instead,the City iry opinion pennedby to demolits plan defended ish the housesin order to JusticeStevens,the Court emphasizedthat the deciclear the land for private sionsof local officialsare developmentbecausethe ensuingactivity would bring entitledto "greatrespect."'' The Court's takingsdecinew jobs and increasedtax revenues.During oral argu- sions,JusticeStevenscontinued, have "wisely eschewed. ment, presidedover by . . intrusivescrutiny'' in JusticeO'Connor, the first favor of affording legislawoman everto do so, an tures "broad latitude" in attorney for the Ciry stated determiningwhat public that electedofficialsshould needsjustify the useof the be able to decide the best "public use" for the land, takings power.teJustice O'Connor wrote an unusuthe not and that elections, ally forceful dissent. She courts, should provide a warned that the beneficiaries check on such officials. In a narrow 5-4 decision, of the Court's opinion are likelv to be "citizenswith the Court largely agreed
disproportionate infl uence and power in the political process, including large corporations and development firms."'" One wonders whether such a transfer is occurring now in Norwood, Ohio, a suburb of Cincinnati.t' A developer soughr to acquire the homes of three individuals. Vhen
they refused to
sell, the developer enlisted the help of the Ciry of Norwood.
Exercising its
power of eminent domain the City condemned the homes and a number of
O H I O N O R T H E R N U N I V E R S I T Y C O L L E G EO F L A W
-\
other properries."According to ciry officials,the areais deterioratingand should be appropriatedby the community and transformedinto a privatelyowned mall. After all, such a mall should creare new jobs (and income taxes) and provide an expandedtax base(with increasedproperry taxes). However, one might inquire whether this is a necessary public use,or asthe owners maintain. an illegalland grab. Without considering ramificationssuch as whetherthe ciry needsmore malls(or industrial parks, etc.),one recognizesthat this is a contenriousproblem found in severalcities acrossthe country. Hard pressedcommunities, attemptingto balancetheir
budgetsare trying to utilize the power to condemn for financial purposes. \We might empathizewith their need for additional revenue but askwhether such an approach can be an abuseof power. We should also note the establishedrule that statutesand ordinancespertaining to eminent domain are strictly construedin favor of the land owner.tj It is a well established principle that incidental benefitsaccruing to the public are insufficientto make the purposeof an improvemenra public one.ta $Zhen an exerciseof eminent domain has the principal purpose and affect of benefitting a private pafty, an incidental benefit that accruesto rhe public should @
I i g h L e d? r o ? e r t i e ea n d t h e C i t y d i d allem\ to jueLify ite exercieeof e m i n e n ld o m a i na e s l u r nc l e a r a n c e , lnetead,the CiLydefendedirs Vlanto d e m o l i e hf h e h o u e e ei n o r d e rl o c l e a rL h e land for privale developmentbecauoeLhe e n o u i n ga c L i v i L yw o u l db r i n qn e wj o b e a n d increasedLax revenu ee,
O n ew o n d e r sw h e t h e ro u c ha L r a n e f e ri s o c c u r c i n 7n o w i n N o r w o o d),h i o , a a u b u r b of CincinnaLi.A develo?ereouqhf,rc a c q u i r eL h e h o m e eo f l h r e e i n d i v i d u a l o . WhenT,heyrefueedt o 6ell,Nhedeveloper enlisledNhehel?of Lhe CiNyof Norwood, e ? o w e ro f e m i n e n td o m a i n
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The decisionin Worthington,o.Columbusintroduced anotlterdebatablematter rpltentlte rnajority stated that "delining the paramelersol lhe power oI eminenl domainis a iudicial lunction." not warrant the exerciseof eminent domain. The proPerty of an individual should not, without his or her consent, be devoted to the use of another person or business.t' If the condemnatlon power is exercised in a way that benefits specific and identifiable private interests, a coul't should inspect with heightened scrutiny a clairn that the public use is the predominate interest berng advanced. Such an analysis should assurethat the use is indeed public at the time of taking, not only in a theoretical aspect, but rather in actualiry, practicality, and effectiveness.
At..&-ah4 Domairt,35 l'aul (1. KarLper,BasicPrinciplcso.f'Erninent . A R J . , O c t . i 9 5 ( r e t 1 0 ;D A N I L . L S . C ; U Y ' M l C l H , S ' l -B STA-I'8,H I (I H \fAY C]OND T.-MNAf IO N PRO(, t'-' D U I { L , S4 ( 1 9 7 1 ) . 'New HampshireanclNorth Clarolinl(However,casclarv in thesest:itesretrdcrsptotectionto the citizcns.) ' R O S C C ) EP O U N D , U S T I C E A ( - C I O R D I N C I ' f O J r - A \ ( /2, 9 - 3 0 ( 1 9 5 1 ) . Llnited.stdt$t).Cormdck,329U.S. ).30 (1946).
V/I LLiAM t] I -A(-KSTON[,,] COMN{I-,N'I'ARIES, . 13 9 . "See,Kelou. (,ity o.fNeu,Lottdtnt,No. 04-108' slip op (U.S.Junc 23, 2005); Haurrii HousittgAtttboriryt'' Midkiff, 'i67 U.S. 229 (1984);Berntttttu Parker,348U S' )6 (1e54). 'fewt. Vrt/Le1 Authoritryu. \Yblch,327 "'fJnited Stdtesax rel. U . S . 5 4 ( r ,( , ( rS . C t . 7 1 i , 9 0 l . . E d .8 4 3 ( . 1 9 4 6 ) ' K e l ot . C , i t yo f i V e u , L o n d oN t to, . 0 4 - 1 0 8 ,s l i p o p ( U S
. I A J U L I U S L S A ( - K M A N ,N I C H O L S O N E M I N E N T D O N { A I N G 2 . 2 ( 3 d e c l .I c ) 9 8 ) '
J u n e2 3 , 2 0 0 5 ) . ''I{elou. Ciq of l{eu, London,No.04-108, slip op at l2
'Ci4t of'Wortbittgtott u. Liry of ('oltrttbu, 100 Oh. Sr. 3d 1 0 3 ,7 9 6 N . h . 2 d 9 2 0 ( 2 0 0 3 ) .A n i n c i s i v ea n a l v s iosf t h i s casccirnbe found in 30 OH. N. UNIV. L. l{EV- 850
( U . S .J u n e2 3 , 2 0 0 5 ) . ' " l da t 1 2 -l 3 .
(2001).
'"ld siil'o r p . a t 1 2 - 1 3( C ) ' C o n n o rJ, d i s s e n t i n g ) .
Srateax re/.BruesrlelV.Rich,159 Oh' St. 13, 110 N'E'2d 778 (1953).
u. Horney,l61 Oh. App. 3ci 316, 830 "C,iryoJ'iYortuood N.E.2d 3S1 (Oh. Ct. App. 2005),apptalsdockered,llos' 2005-0227and 2005-0228(May 25,2005)-
'Ci4, oJ'Wbrthingron, suprll notc 6, 100 Oh. St. 3d at 105, 796 N.F,.2du 922. 'Id.
1 0 0 O h . S t . 3 d a t 1 0 7 ,7 9 6 N . E , . 2 da r 9 2 4 . 1 0 0 O h . S t . 3 d a t 1 0 8 , 7 9 5N . E . 2 da t 9 2 5 .
1 0 0O h . S t . 3 d a t 1 0 7 , 7 9 6N . E . 2 da t 9 2 4
" I d . 1 6 1O h . A p p . 3 d a t 3 1 9 , 8 3 0 N . E . 2 da t 3 8 3 . .IDANIEL S. GUY, STATE HIGHVAY CONDEMNAT I O N P R O C E D U R E S6 ( 1 9 7 1 ) . 'n26 AM.
JUR. 2D ContactsS 49 (2004).
"Calder u. Bull,3 Dall. 386, 388 (1798)(describingsuch an exerciseof the taking Power as "againstall reasonand justice").
O H I O N O R T H E R N U N I V E R S I T YC O L L E G EO F L A W
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"Control Thyself" -Cicero
"GiveThyself"
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