The Writ (Fall 2008) by ONU Communications & Marketing

Calendar of Even ts

2008

AUGUST 21-22 L-1 Orientation 25 Fall Semester Classes Begin

SEPTEMBER 16 Inn of Court 22 Dean’s Lecture Series, Daniel Rohlf OCTOBER 17 CLE: Ethics, Substance Abuse & Professionalism 17-18

23-26

HOMECOMING Alumni & Friends Breakfast Hanson Reading Room Dedication Tailgate Party

7 For more details see page 17 inside Fall Break

NOVEMBER 7 CLE West Ohio Conference of the United Methodist Church Legal Update 13 Inn of Court 19 Kormendy Lecture, Pamela S. Karlan 20 Salute to the Fall Graduates DECEMBER 5 Public Interest Auction Fall Semester Classes End

2009

JANUARY 12 Spring Semester Classes Begin 19 Marin Luther King Day – No Classes FEBRUARY 28-Mar. 8 Spring Break MARCH 13 Legal Scholar Day 20 ONU Law Review Symposium in conjunction with the Carhart Program in Legal Ethics: Counsel’s Ethical Role in Modern Corporate Culture 27 Legal Scholar Day APRIL 10-13 15 MAY

1 17

Easter Recess Honors Banquet Spring Semester Classes End Law Commencement Sports Center, 2 p.m.

For details about these events or other activities at the ONU College of Law, please see www.law.onu.edu/Calendar

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P hoto

COVER

look inside the Pettit College of Law’s Lima Legal Clinic as student Jessica Keiser works on some of her cases.

“Know Thyself ” –Socrates

“Control Thyself ” –Cicero

“Give Thyself ” –Jesus

Your support of the Pettit College of Law is greatly appreciated.

FALL 2008

Feat ured

A Publication of the Ohio Northern University Pettit College of Law

INSIDE 2

CREATING PRACTICING ATTORNEYS An in-depth look at ONU’s philosophy on preparing students for a career in law

HOW I SPENT MY SUMMER Students and faculty traveled, studied, researched and worked over the summer

SOFTWARE AND SHOVELS:

How the Intellectual Property Revolution is Undermining Traditional Concepts of Property

DEPARTMENTS

By Liam O’Melinn

COLLEGE UPDATES 8 The college unveils its new media 11 Taggart Law Library gets a new reading room 12 ONU law students find success in their job searches 14 The LLM Program continues to educate attorneys from around the world 16 The college’s development activities are off and running FEATURED SPEAKERS 18 Graetz speaks on tax policy changes in Washington, D.C. 18 Global governance discussed by Kennedy 19 Inaugural Carhart Program in Legal Ethics features noted scholar Carrie Menkel-Meadow 19 Dean’s Lecture Series brings legal experts to ONU STUDENT ACTIVITIES 20 Moot Court teams participate in competitions nationwide 21 Diversity Forum addresses criminal sentencing 23 Law Review sponsors its 31st symposium 32 Public interest stipends awarded FACULTY & STAFF 34 Awards 35 Activities 37 Welcome new faculty members

PLUS

6 COMMENCEMENT 17 HOMECOMING 24 THIRD DISTRICT COURT OF APPEALS 25 ICELANDIC LEGAL EXCHANGE

EDITOR: Mindi Wells, JD ’98, BSBA ’95 Assistant Dean for Administration & Student Services

The Writ is the official publication of the College of Law. The Writ is published once a year and distributed to alumni and friends of Ohio Northern University’s Claude W. Pettit College of Law.

CONTRIBUTING WRITERS: Karen Bailey, BA ’02 Fahlgren Mortine Public Relations John Hickman, Senior Public Relations Major

Letters, alumni notes, requests for reprint permission and manuscripts of articles should be sent to: Mindi Wells College of Law Dean’s Office Ohio Northern University 525 N. Main • Ada, OH 45810

DESIGN/LAYOUT: Gary Stuart, BSED ’67 Studio II PRINTER: Hearld Printing

PHONE: (419) 772-3051 FAX: (419) 772-2318 m-wells@onu.edu www.law.onu.edu/contact

Feat ure

Creating Practicing Attorneys

An In-Depth Look at ONU’s Philosophy on Preparing Students for a Career in Law ccording to the acclaimed book Good to Great by Jim Collins, every organization needs a Hedgehog Concept or “an understanding of what you can be the best at.” As the College of Law began to reflect on its possible hedgehog or what it is it can do best, we determined as a law school that we create practicing attorneys. Granted, the college creates successful judges, attorneys general, and United States and state senators, too. But, in essence, the goal for each student who passes through our doors is to receive the practical training needed to excel in the profession and further the pursuit of justice.

professional training needed to effectively practice law after graduation. This report goes on to list five key observations of the current legal education system:

On the surface, this seems simple. What law school isn’t in the business of turning out students who go on to have successful careers in law? According to the 2007 report, ‘Educating Lawyers: Preparation for the Profession of Law,’ released by The Carnegie Foundation for the Advancement of Teaching, too many law schools aren’t in this business. Or, at least many have strayed from their original purpose. The Carnegie Report, which developed its findings after visiting 16 different law schools of varying size and geographic location, indicated students are learning to “think like lawyers” but are not getting the hands-on,

The report also adds two major limitations of legal education: 1) “…legal education typically pays relatively little attention to direct training in professional practice,” and 2) “Law schools fail to complement the focus on skill in legal analyses with effective support for developing ethical and social skills.” During the last five years, there has been a movement to begin shifting the law school focus to address practical training and to complement analytical education with real-world skills. Since the release of the study, more schools are beginning to or have already phased in required clinic training,

1. Law school provides rapid socialization into the standards of legal thinking 2. Law schools rely heavily on one way of teaching to accomplish the socialization process 3. The case-dialogue method of teaching has valuable strengths but also unintended consequences 4. Assessment of student learning remains underdeveloped 5. Legal education approached improvement incrementally not comprehensively

With a student to faculty ratio of 10:1, faculty are able to build relationships with students.

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“VERBATIM”

“

As a legal intern, I was responsible for representing my clients from the initial interview throughout the completion of their case, which included pre-trial hearings, motion hearings, competency hearings, pleas and trials. The experience I gained was invaluable; you can’t achieve that kind of real world experience sitting in a classroom. I highly recommend that every law student participates in a clinic.”

“ “

■ J. Parker Trulock, JD ’07

The best part about the clinical experience is being able to handle your own cases. It’s an opportunity to do what lawyers do, as opposed to just reading and talking about it.”

skills-oriented classes, externships and seminars and have devoted more resources to the development of ethics, morals and leadership training for soon-to-be lawyers. Ohio Northern is also looking at its curriculum and identifying opportunities for increased attention on the development of law students. However, because of ONU’s long-time foundation as a college focused on creating attorneys poised to be successful at practicing law, the college is able to quickly and adeptly modify its program to better serve its students with only minor adjustments. Further, the school already offers a supportive environment in which to study law and provides a hands-on, professional approach to legal training. According to Ohio Northern Law Dean David Crago, “At ONU, we are already in the business of creating attorneys. Our faculty and curriculum cater to providing an integrated approach to teaching and scholarship. However during the next few months, we’ll be looking at our curriculum and integrating changes to further extend this focus and provide more diverse offerings to students. As with any business or organization, the College of Law is always evolving to meet the changing needs of today’s graduates.”

Personal Relationships and Small Class Sizes During interviews with current students and alumni, personal relationships with faculty and peers, small class sizes and the location of the school, were all cited as aspects which make ONU unique. With a student to faculty ratio of 10:1, faculty are able to build relationships with students.

■ Heather Runkel, JD ’08

The most rewarding part of my clinic experience was interacting with clients and knowing that I had a real impact on their lives. Professionally, it helped build my confidence in the courtroom and when talking to clients.” ■ Nancy Jamieson, JD ’08

The Facts: ■ ONU Law has sponsored clinical programs throughout the region for over 30 years. ■ In the 2007-08 academic year, the ONU Legal Clinic handled 110 cases and fielded 245 inquiries for assistance. ■ Over 64 percent of current law students will participate in a clinical experience prior to graduation.

“

“At ONU, we are already in the business of creating attorneys. Our faculty and curriculum cater to providing an integrated approach to teaching and scholarship. However during the next few months, we’ll be looking at our curriculum and integrating changes to further extend this focus and provide more diverse offerings to students. As with any business or organization, the College of Law is always evolving to meet the changing needs of today’s graduates.” ■ Dean David Crago

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OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

Feat ure When asked, students who completed a clinic study, either at ONU’s legal clinic or elsewhere, were adamant that all students should complete a clinic experience before practicing law.

Legal Clinic Programs Include: Ohio Northern University Legal Clinic Corporate Transactional Clinic Bankruptcy Clinic Environmental Clinic Non-Profit Litigation Clinic Prosecution Clinic Public Defender Clinic Municipal Government Clinic Judicial Externship This support encourages in-classroom and out-of-classroom discussions about the practice of law, course and career advisement and constructive debate. Small class sizes also afford the opportunity for a more hands-on training approach. Faculty is able to look beyond the traditional case-dialogue method and engage students in a more comprehensive approach to law. Further, a majority of ONU faculty has practiced law and earned advanced degrees allowing them to bring outside experience and expertise to theory and analysis.

Professional Practice According to the Carnegie Report, “Students need a dynamic curriculum that moves them back and forth between understanding and enactment, experience and analysis.” At ONU, students are required to participate in at least 10 hours of skills training through classes, clinic experience or seminars. ONU operates a Legal Clinic in Lima, Ohio, giving students a nearby option for practical training. The college also supports and coordinates legal clinic opportunities throughout the country. When asked, students who completed a clinic study, either at ONU’s legal clinic or elsewhere, were adamant that all students should complete a clinic experience before practicing law. According to one Ohio Northern

law student, “The best part about the clinical experience is being able to handle your own cases. It’s an opportunity to do what lawyers do, as opposed to just reading and talking about it.” Most echoed the same sentiments adding it gave them the hands-on training they couldn’t receive in the classroom and that it brought legal theory to life and forced them to think on their feet. In addition to legal clinic participation, ONU offers a variety of experiential learning opportunities for its students, such as externships, Moot Court and international exchange programs. Between 60 and 70 percent of ONU graduates will have participated in a clinic study prior to graduation. Further, students also have the opportunity to become actively involved in professor research and published writing.

Ethics and a Desire for Justice There is certainly increased debate around how and if law schools are responsible for teaching ethics and morals in the practice of law. At ONU, esteemed faculty come from all over the country having taught at some of the most prestigious schools in the United States and practiced at some of the most highly sought-after law firms. However, they all share a common goal to help students learn to practice law ethically and professionally. Adopting the Midwestern values harbored by the college, the university

“

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and the community, students and faculty are rooted in a strong moral foundation. In the legal education field today, there is a continued movement, spurred by the Carnegie Report, to re-invigorate the core principles of developing attorneys based on five recommendations from Carnegie: 1. Offer an integrated curriculum 2. Join “lawyering,” professionalism and legal analysis from the start 3. Make better use of the second and third years of law school

“The Carnegie Report has renewed interest in the overall purpose of legal education and generated conversation once again around how to shape the next generation of attorneys and legal professionals. It is evident in today’s legal environment that this movement has the potential to impact the greater society and lead to substantial improvements in the preparation of first-year associates,” adds Crago. As the ONU College of Law continues to refine its curriculum, it will not abandon its foundation in developing practicing attorneys. It is this foundation that has kept ONU focused on shaping lawyers and ensuring they are well-trained and equipped to bridge the gap from student to professional. ■

4. Support faculty to work across the curriculum 5. Design the program so that students- and faculty- weave together disparate kinds of knowledge and skill.

“Students need a dynamic curriculum that moves them back and forth between understanding and enactment, experience and analysis.”

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OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

Pettit College of Law Celebrates 2008 Commencement COMMENCEMENT

Thank you for our professors, tutors and

the entire staff of Ohio Northern University. Indeed, many a sleepless night they gave us; but only to push us towards knowledge and excellence. Because you blessed them, and continue to bless them with vision and commitment, we stand in amazement at our achievements.

Melissa L. Kidder, of Bowling Green, Ohio, delivered the student address.

R. Michael DeWine, former United States Senator from Ohio and 1972 graduate of the Pettit College of Law, delivered the commencement address.

hio Northern University celebrated the 2008

Law Commencement on Sunday, May 11th,

2008 at 2 pm. Approximately 94 students

walked across the stage in a ceremony presided over by President Kendall Baker. In addition to the juris doctor degrees, Ohio Northern University also conferred LLM degrees to 8 lawyers from emerging democracies that have completed a yearlong course of intensive study in the Democratic Governance and Rule of Law program.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW |

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COMMENCEMENT INVOCATION medals for ranking academically at the top of the graduating class. Kidder and Thompson were tied for the number one spot in the class. Graduating LLM student Austin Msowoya, of Malawi, gave the invocation, and classmate Thomas McLelland, of West Jordan, UT, gave the spoken benediction. The national anthem and the benediction were performed by the Concurrences, a quartet made up of Brian D. Anderson, L-1 from Johnson Creek, WI; Andrew R. Hopper, L-3 from Anderson, IN; Nathan D. Hosek, L-3 from Saint Marys, OH; and Roger A. Steffan, L-1 from Leipsic, OH.

The national anthem and the benediction were performed by the Concurrences. The quartet was made up of Roger A. Steffan, Nathan D. Hosek, Andrew R. Hopper andBrian D. Anderson.

Crago, assisted by members of the tenured law faculty, placed the academic hood upon each candidate, followed by Baker's presentation of the diplomas. A reception for graduates and families was held in the College of Law immediately following the ceremony. ■

This is my mother’s tongue meaning “Platform Associates, esteemed graduating students, ladies and gentlemen, greetings and gratitude from the land of the lake, Malawi!” Please join me in a word of prayer. Almighty God; our Father and sustainer of our souls, You only are worthy our reverence and praise. As the stars shine in proclamation of Your glory, so we lift our voices to bless your name. With joyful hearts, we thank you oh, Lord, for your wondrous mercy and faithfulness. As crimson though our iniquities and transgressions be, yet You cleanse us and blot them out; You clothe us in righteousness as bright as fresh white snow. We entreat You oh, Lord, and lift up our mothers first on this special day. May our commencement this day discernibly remind us of the special value our mothers’ have in our lives. We acknowledge their selfless sacrifice; indeed their love to raise us as responsible adults and citizens. To our mothers, oh, Lord, we offer our deepest appreciation. We pray that you bless our mothers abundantly and grant all women of the world patience and wisdom to raise upright and God-fearing leaders for our nations.

R. Michael DeWine, former United States Senator from Ohio and 1972 graduate of the Pettit College of Law, delivered the commencement address. DeWine, who currently serves as an adjunct professor of political science at ONU, was awarded an honorary degree from the University in 1995. His daughter, Alice DeWine, was a member of this year's graduating class. DeWine served in the U.S. House of

Lord, we stand in awe of You and thank you for the accomplishments we celebrate this day. You remained with us throughout the years of toil and study; soothed our anxieties, and dispelled our uncertainties. In our moments of despair, Your soft voice encouraged us to glimpse the flicker of success in the distance. We stand now before proud parents, supportive families and trusted friends to celebrate that success; some amongst us from the farthest ends of the earth. Like the colorful blossoms of summer; and the glorious colors of fall; we stand united in diversity, sons and daughters of the one true living God. Thank you for our professors, tutors and the entire staff of Ohio Northern University. Indeed, many a sleepless night they gave us; but only to push us towards knowledge and excellence. Because you blessed them, and continue to bless them with vision and commitment, we stand in amazement at our achievements.

Representatives from 1983-1991, followed by a stint as Ohio Lieutenant Governor from 199194. He served as a U.S. senator from 1995-2007.

Lord, our God, as we set forth to take up positions of responsibility in society, we pray we do not depart from Your presence. Guide us, oh Lord, to use our Juris Doctor and Master of Laws degrees in service of others, in humility, selflessness and honor. May the legacy we leave in the corridors of Ohio Northern inspire those who come after us; that they may surpass our excellence. May our works be etched in the annals of history; a torch for posterity. Indeed as we also were inspired by those who came before us, even the great founders of this nation. So that many, from near and far as we have, be blessed by its continued prosperity.

BG David P. Carey, USA (Ret.) was awarded an honorary degree. Carey, who earned his law degree from ONU in 1977, currently is the executive director of the American Inns of Court Foundation. He has served as the commander of the U.S. Army Legal Services Agency and the U.S. Army's chief judge. He also served as the assistant judge advocate general for civil law and litigations at the Pentagon. Melissa L. Kidder, of Bowling Green, OH, delivered the student address and Dean David C. Crago gave remarks. Kidder and Katrina Thompson, of Ridgeway, OH, were awarded

“Monire Kumpando, Bakuzirwa Basambiri withu, Bamama na Badada; Pokerani tchindi na viwongo kufuma ku chalo cha Nyanja cha Malawi!”

In You oh, God we trust and ask all this, Amen. By Austin Msowoya Tom McLelland, Austin Msowoya, Melissa Kidder, Mike DeWine, David Carey, Dean David C. Crago

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OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

COLLEGE UPDATES

Changing the Face of Communication at ONU Law ONU builds a larger presence online One of the greatest challenges with communication is continually evolving your approach to meet a changing audience. This year, the Ohio Northern University College of Law has adopted new methods of communication, updated existing tools and worked toward building a larger presence online in effort to meet a changing audience of prospective and current students and alumni. The first, and possibly most noticeable, change has been the new layout and design of this publication. The goal of The Writ is to communicate the latest news from the law school and showcase achievements by students and faculty. Changes to the magazine include a new masthead, cover design and interior layout. Each issue will continue to include college updates, student activities, faculty news and articles. In addition to updating collateral materials, the College of Law has also become active in using social media tools like Facebook and LinkedIn to communicate with students, faculty and alumni. In February, the college launched its first Facebook group: the Ohio Northern University College of Law group. In four months, the group attracted nearly 200 members ranging from prospective and current students to alumni and faculty. The ONU Law Facebook group highlights upcoming law school events, showcases photos and includes links and discussion topics. The group is open to anyone interested in staying informed of whatâ&#x20AC;&#x2122;s happening at ONU Law or connecting with ONU Law alumni, students and faculty. The group can be accessed by going to www.facebook.com Similarly, the College of Law has developed a group on LinkedIn: the Ohio Northern College of Law group. This group is open to current and prospective students, alumni, faculty/staff and friends of Ohio Northernâ&#x20AC;&#x2122;s Claude W. Pettit College of Law. LinkedIn has established the world's largest and most powerful business network. Currently, more than 23 million professionals are on LinkedIn sharing business leads, job opportunities and networking with other professionals. To join the ONU Law group and connect with other graduates, students and friends, visit www.LinkedIn.com

CONTINUING UPDATES TO THE WEBSITE After undergoing a major Web site overhaul in 2006, the College of Law has continued to add content, including copy, images and testimonials from students and alumni. Additionally, the college is under-

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW |

OUR NEW HOME WWW.LAW.ONU.EDU

The College of Law has continued to add content, including copy, images and testimonials from students and alumni. Additionally, the college is undergoing a redesign of the homepage and major pages.

going a redesign of the homepage and major landing pages. Another addition to the Web site is the ability for an online chat with admissions counselors through Chat Online. This feature, new to the site in 2006, allows prospective students to engage with admissions counselors, staff and other students. The goal for this tool is to encourage conversation about the college and answer admissions questions during scheduled chats where all participants can benefit from the group discussions. A chat schedule will be available on the Web site this fall. This spring, ONU added an Instant Message (IM) function, which differs from Chat Online, by providing students with real-time access to an admissions counselor to answer questions over the Web. The IM feature has grown in popularity both at ONU and nationwide. It can also be accessed by visiting www.law.onu.edu

Writ FALL 2008

COLLEGE UPDATES

Taggart Law Library Undergoes Many Changes By Nancy Armstrong

This past year, the Taggart Law Library has been involved in a great deal of change. Probably the biggest changes have been in the library’s physical layout as a result of the Hanson Reading Room project. In order to prepare for

this major renovation, which started right after graduation in May, several smaller projects were completed during the school year. Over Christmas break, the microforms room was moved to a new area on the north side of the library. Then, in the spring, the old microforms room was converted into the new technology center, which houses 15 computers for student use, a new service counter, and improved work space for our technology support technician and student assistants. This highly functional and attractive space became available for use right after graduation. The Hanson Reading Room renovation project continued through the summer and resulted in an enlarged reading room space with several skylights, custom-built bookcases and tables, and new chairs. There are also two soft-seating discussion areas and two special-use alcoves that are used extensively for seminar classes and other training sessions and presentations. New group study rooms for students were created from former library staff offices, and new offices for library staff were created out of part of the old computer lab space. The project was completed by the start of the fall semester. The library also saw a change in staff this year. In November, we were pleased to welcome Elizabeth Christian as our new reference librarian. Elizabeth received her BA and JD degrees from the University of Georgia, and her MLS from the University of Maryland. Since her

arrival, Elizabeth has been busy providing research assistance to students and faculty, assessing and developing the library’s collections, and assisting in library administration. Technology is one area of constant change, and the library continued to implement new technology throughout the year to assist both students and faculty. In addition to the significant space planning and design work needed to complete it, the new technology center will be a prototype of “thin

client” technology that serves as a model for future computer centers on the ONU campus. This technology uses information stored on a server instead of on individual desktop computers to improve efficiency and decrease computer maintenance and replacement costs. Another technology initiative of particular importance to the faculty this year was our purchase and installation of a new Scantron system including software and scanning machine. This system not only grades bubble exam sheets, it also provides data on how students answer questions so that faculty members can evaluate the effectiveness of their exam questions. The university IT department also completed an upgrade of all wireless hardware throughout the law building this past year to accommodate the growing popularity of the wireless network.

Writ FALL 2008 |

In addition, new electronic subscription services were added, including The Making of Modern Law, a full-text database of PDF images of over 20,000 nineteenth and twentieth-century British and American legal treatises. Although there have been many changes this past year, one thing which hasn’t changed is the library’s commitment to service. Throughout the school year, the library provided a variety of services to the law school. In late August and early September, the librarians gave library tours to more than 70 first-year students to familiarize them with the print sources that they would be using during the fall semester. In addition, the library offered over 80 legal research workshops during September and October to reinforce material taught in the first-year legal research and writing program. Tours and instructional sessions were also provided to the new LLM. students and to incoming law review staff editors. Support for upper-level seminar classes was provided during both semesters through research guides and in-class research presentations. And, as usual, the library reference desk was busy throughout the year with a wide variety of research questions, including legal research and writing assignments, seminar papers, the annual federal tax research assignment, and law review source and cite checks, to name a few. We were pleased to be recognized for our service at the annual Honors Banquet in April, where two of our librarians received awards. Nancy Armstrong was presented with the Liberty Bell Award by the Student Bar Association in recognition of outstanding service to the law college community and David Fetrow received the Daniel S. Guy Award for Excellence in Legal Journalism from the Law Review for his research assistance. Editor’s Note: The Hanson Reading Room will be featured in the 2009 issue of The Writ.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

COLLEGE UPDATES

Ohio Northern University College of Law Graduates Have Surpassed the National Employment Rate Seven Years in a Row By Cheryl A. Kitchen

The Class of 2007 marks the 34th year in which NALP, the National Association for Law Placement, has compiled annual statistics on the employment rates of law graduates throughout the United States. The national rate has shown an increase over the last three years with this past year having the largest increase. This is the first time since 2000 that the national placement rate has exceeded 91%. The last time that the national placement rate had reached 92% was in 1988. In 2007, the national placement rate was 91.9% with an additional 2.3% pursuing advanced degrees, which gave a national rate of 94.2%. ONU law graduates continue to secure employment at higher rates than the national average. The ONU Class of 2007 had a placement rate of 92.7% with an additional 2.4%

PERCENT EMPLOYED National rate

ONU

2001

2002

90.0% 89.0%

2003

2005

89.6%

2006

90.7%

2007

94.2%

95.1% 94.3% 91.4% 94.0% 93.0% 95.0% 95.1%

(PERCENT EMPLOYED)

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 Services Office. These efforts, along with the current employment success of our alumni, continue to help strengthen the status of the law school among employers and increase the demand for our students. The increasing number of employers using the Career Services Office to recruit students demonstrates the growing recognition of the quality of our students. Over 600 employers from across the country post job announcements with our office. In addition to posting job announcements with our office, this past school year over 35 employ-

2004

88.9% 88.9%

pursuing advanced degrees to give ONU a placement rate of 95.1%. Although, NALP statistics show an increase in the national placement rate in the past three years, Ohio Northernâ&#x20AC;&#x2122;s placement rate has continued to increase over the past seven years.

5SEE CHART ABOVE

ers participated in our resume collection program and almost 100 offices conducted on-campus interviews during the fall and spring 200708 OCI programs. These employers come from all segments of the legal profession including federal judges, The American Lawyerâ&#x20AC;&#x2122;s 100 top corporate firms, government agencies, public interest organizations, and corporations. Our students represent over 40 states and their job searches span nationwide. The placement statistics for the Class of 2007 show the diversity of employment not only in areas of the legal practice, but also in the employment of our students throughout the country. 40% of the graduates are practicing in the state of Ohio and 60% are practicing out of state.

AREAS OF THE COUNTRY Mid-Atlantic...............................................13% New England ...............................................4% East North Central.....................................51% South Atlantic ............................................21% East South Central ......................................2% West South Central ......................................4% Mountain ....................................................2% Pacific ..........................................................2% Foreign ........................................................1% Salary Range $40,000 to $120,000 The legal market is beginning to show signs of improvement after almost two decades of a flat market. We still need to draw upon our alumni network to uncover job leads for our students and graduates. If you can assist us in uncovering these job leads for our students and graduates, please let us know. You can do this by calling (419) 772-2249, faxing (419) 772-1487, or emailing the Office of Career Services at lawcareer@onu.edu

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Class of 2007 AREAS OF PRACTICE

Private Practice ...........47%

Business ......................20% Government .................16% Judicial Clerkships .........9%

Public Interest ...............5% Academic ...................... 3%

Looking to hire? Let us help you!

■ The Law Career Services Office

can assist you in your recruitment and hiring of: • Full-time entry-level associates • Part-time law clerks • Lateral attorneys • Summer associates/clerks • Judicial clerks ■ Job Postings

Post your vacancy free of charge in our online job bank which is open to our 320 law students and 4,500 alumni. Employers can specify class rank, bar admission, salary and other criteria to meet their needs.

■ Resume Collection In response to a job posting or in preparation for on-campus interviewing, we can collect resumes and forward them to your office according to your specifications.

■ On-Campus Interviews We are able to host employers for on-campus interviews (OCI) during both the fall and spring of every year. Employers can interview students in our modern, private interviewing facilities. Resumes may be pre-screened by employers. Students' resumes will be selected according to the criteria established by employers and forwarded to the hiring partner, firm manager, or recruiting coordinator. Interview appointments will be scheduled to meet the employer's needs.

For more information, contact Cheryl Kitchen Director of Law Alumni and Career Services 419-772-2249 or lawcareer@onu.edu www.law.onu.edu/CareerServices

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COLLEGE OF LAW Career Services Office

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

COLLEGE UPDATES

Entering Class of 2008 By Linda K. English

The national and international dimensions of a challenging curriculum at Ohio Northern University College of Law are paralleled by an accomplished, expert faculty and a diverse, multi-talented student body. The approachable faculty enables students to thrive in a rigorous yet humane environment. We believe students deserve not only academic rigor but, also a personalized and respectful experience. Ohio Northern Law has been ranked by the Princeton Review’s Best 170 Law Schools, 2007 Edition as one of the top ten schools with the most competitive law students in the nation. The quality and reputation of our program continues to grow as a result of our JD students’ scholarship and contributions to the legal field. The Entering Class of 2008 promises to be one of the most academically talented classes in the history of the law school. Nearly 1400 applications were carefully reviewed in selecting the members of this class. The 115 first year students hail from 25 states and have received their bachelor’s degrees from nearly 80 different undergraduate colleges and universities throughout the nation, including Allegheny College, Clark Atlanta University, Clemson

University, College of Wooster, Denison University, Depauw University, Earlham College, George Washington University, Hanover College, Iona College, John Carroll University, Luther College, Mercyhurst Collelge, Miami University

minority and 12% African American. These numbers will give ONU the most racially diverse class ever to enroll at ONU Law. ONU Law Admissions is committed to the mission of seeking students who are capable of

The Princeton Review’s Best 170 Law Schools, 2007 Edition lists Ohio Northern University Law as one of the top ten schools with the most competitive law students in the nation. Oxford, Millikin University, Minnesota State University, University of Montana, Morehouse College, Ohio Northern University, Saint Vincent College, Texas A&M University, The Citadel, Transylvania University, Syracuse University, Walsh University and the University of Virginia. Although the majority of entering students is traditionally aged and has recently graduated from a bachelor’s program, the age range is 2043. This entering class will be over 15%

2008 OHIO NORTHERN COLLEGE OF LAW CLASS

undertaking the rigorous study of law and will uphold the highest standards as citizens and future lawyers. The Fall 2008 entering class is showing great promise not only in continuing a rich history and tradition of excellence at the Pettit College of Law, but in demonstrating great potential for being “architects of justice” in a complex and dynamic society. The more traditional pre-law majors in History, Political Science, English and Criminal

IN-STATE

Students in the 2008 entering class hail from 25 states:

Texas Pennsylvania Kentucky Maine Rhode Island New York Georgia Indiana Missouri Mississippi Michigan Illinois South Carolina Florida Iowa North Carolina

Maryland Montana New Jersey West Virginia Connecticut

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Minnesota North Dakota New Mexico Ohio

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OUT-OF-STATE

of 2008 entering class is from Ohio of 2008 entering class is from out-of-state

The 115 first year students hail from 25 states and have received their bachelor’s degrees from nearly 80 different undergraduate colleges and universities throughout the nation. Justice continue to dominate, yet, a very diverse selection of disciplines provides multiple perspectives and a rich forum in which to study the law. Note: 32 majors – the total number reflects those disciplines represented as major studies - a significant no. of students major in more than one discipline during their undergraduate studies. Political Science (38), Psychology (11), History (10) English (9), Criminal Justice (9) International Relations(5) Communications (4), Sociology (4), Journalism (3) Finance (3) Philosophy (3) Business Administration (3)Economics (3), Mechanical Engineering (2), and one each of the following: Advertising, Accounting, Agronomy, Apparel Merchandising, Art Design, Biology, Business Management, Civil Engineering,

German, Sports Administration, Education, Ethnic Studies, Interdisciplinary, Pharmacy, Liberal arts, Spanish, Prelaw, Real Estate 2008 entering class members have held a variety of jobs including: ■ Court advocate ■ Restaurant server ■ Deputy sheriff ■ Paralegal ■ Law library assistant ■ Real estate title officer ■ Research assistant ■ Coach ■ Mason ■ Computer technician ■ Construction worker ■ Meter reader ■ Tutor ■ Lifeguard ■ Valet ■ Medical assistant in cardiology ■ Summer camp director ■ Intern with a senator or congressman ■ Sports reporter ■ Pizza deliverer ■ Human rights coalition advocate ■ Feminist Majority Leadership Alliance staff Demonstrations of Service: U.S. Army, Bronze Star, U.S. Navy, National Guard, Boy Scouts, Special Olympics, Habitat for Humanity, Guardian Ad Litem, Relay for Life, Volunteer Tutors, soup kitchens, and “Keep it Green.”

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In addition to the more traditional pre-law majors in history, political science, criminal justice and English, a variety of undergraduate majors are represented including: Note: 32 majors – the total number reflects those disciplines represented as major studies a significant number of students major in more than one discipline during their undergraduate studies.

Political Science (38) Psychology (11) History (10) English (9) Criminal Justice (9) International Relations (5) Communications (4) Sociology (4) Journalism (3) Finance (3) Philosophy (3) Business Administration (3) Economics (3) Mechanical Engineering (2) and one each of the following:

Advertising Accounting Agronomy Apparel Merchandising Art Design Biology Business Management Civil Engineering German Sports Administration Education Ethnic Studies Interdisciplinary Studies Pharmacy Liberal Arts Spanish Prelaw Real Estate

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

COLLEGE UPDATES

First LLM Graduates Have an Impact One Year Later By Howard N. Fenton

Jenishbek Arzymatov LLM ’07, Bishkek,

Only a year after graduating in the first LLM class in Democratic Governance and Rule of Law, several of the young lawyers are already making a significant impact in their home countries. As a part of the scholarship provided to the LLM students, they must agree to return home and spend at least two years working in the public sector to help promote democracy and legal reforms. Members of the class of 2007 have already begun to apply the lessons they learned from their year in Ada.

Rusudan Tabatadze LLM ’07, Tbilisi, Georgia Ruso returned to Georgia and began working with the Georgian Young Lawyers Association as a legal expert on the protection of human rights, bringing cases to the Constitutional Court of Georgia defending these rights. In October of 2007 she became the Director of Georgia’s Legal Aid Service for the entire country, which provides legal assistance to the many Georgian without the resources to secure justice through the legal system. A part of the Ministry of Justice, she directs a Service that has 13 regional offices, a staff of more than 150 and a budget of over $2 million. Ruso has the opportunity to magnify the impact of her education at Ohio Northern on other young lawyers in Georgia and the deserving clients they represent.

Sofiya Issenova

Kyrgyzstan Jenishbek worked in several positions after his return to Bishkek, including with an American law firm bidding on a USAID project in Kyrgyzstan, and an international NGO on legislative and constitutional reform issues. In May 2008 he became a staff attorney with the American Bar Association’s Rule of Law Initiative office in Bishkek. There his primary focus is on the Kyrgyzstan bar, promoting support for local bar associations and other legal professional organizations. He is engaged in a major effort at reform of the Kyrgyz bar, focused on creating a unified bar that would provide enhanced status and training, particularly for defense lawyers that would improve their professional skills and ensure equality of arms, as defense lawyers have historically been in inferior positions in the country.

Givi Kutidze LLM ’07, Tbilisi, Georgia On his return to Georgia Givi began working as a Project Consultant for the United Nations Development Program (UNDP) on governmental reform in the energy sector. He had written his Rule of Law Seminar paper on problems with prior efforts in energy reforms in Georgia so was well positioned to provide advice and analysis in this area. In January of 2008 Givi joined the Council of Europe’s Georgian anti-corruption project as a Long-Term Advisor, providing advice and helping coordinate the response of the government of Georgia for implementation of the AntiCorruption Strategy and Action Plan to meet its international commitments.

LLM ’07, Almaty, Kazakhstan Sofiya returned to Kazakhstan and began working as a Legal Advisor in the office of the director of the United States Agency for International Development (USAID) Mission for Central Asia Republics. That Mission is responsible for U.S. government assistance programs in Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Kazakhstan. As the legal advisor, Sofiya reviews and drafts memoranda of understanding and bilateral agreements with beneficiary countries, as well as provides legal counsel on local laws and regulations for the Mission relating to contracts, purchasing and taxation questions. She also provides assistance to the technical and program offices on their governance and law reform projects throughout the region. In May of 2008 Sofia was recognized by the Mission Director for her work with a certificate of appreciation.

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Daniela Ritan LLM ’07, Banja Luka, Bosnia-Herzegovina Daniela is working as a legal adviser to the CanadaBosnia-Herzegovina Judicial Reform Project, funded by the Canadian International Development Agency. The objectives of the project are to establish an effective, transparent, and accessible judicial system, that promotes justice, including gender equality. She has primary responsibility for assessing the training needs of judges in the Republika Srpska, a part of the Bosnia Herzegovina Federation, and developing effective approaches to implementing effective training. Daniela recently made a presentation the General Assembly Meeting of the European Judicial Training Network discussing the training projects of the Federation. The importance of continuing training for judges and prosecutors was the focus of her Rule of Law Seminar paper, which she has been able to address in her work in her home country.

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The LLM Program Increases its Diversity in its Successful Second Year The focus of ONU’s LLM program is on building stronger democratic institutions and reinforcing the rule of law. Eight young lawyers from around the world completed their year in Ada as the second class of ONU’s Democratic Governance and Rule of Law LLM program. The 2008 graduates were from Kenya, Malawi, Egypt, Ethiopia, Bhutan, Albania and Tajikistan. In marked contrast to the first class that represented the former Soviet Union and Bosnia-Herzegovina, the second class came from a wide range of legal backgrounds including the common law systems of former British colonies in Africa, the civil and Islamic law mix of Egypt and the monarchy of Bhutan as well as the socialist systems of Albania and Tajikistan. A violent presidential election in Kenya and historic first parliamentary elections in Bhutan during the year helped focus the class personally and directly on issues of transitional democracy, as did the American presidential primaries. The two Kenyan students took particular interest in the race of Senator Barack Obama, as Michael Okelloh, LLM ’08, was a member of the same tribe as Senator Obama’s father.

The focus of ONU’s LLM program is on building stronger democratic institutions and reinforcing the rule of law, in contrast to most LLM programs for foreign lawyers which emphasize American law. The students are continually challenged to consider and explore their own legal systems and contrast them with their classmates’ legal regimes as well as American and other common law and civil law systems. The comparative courses in constitutional and administrative law in the fall semester emphasize this aspect of the program, while introductory courses on the American legal system and market economy provide a reference point for further discussion and comparison. The students had the opportunity to observe courts at all levels this past year, from municipal court through the U.S. Supreme Court and talk with the judges and lawyers. The visit to the Ohio Supreme Court to observe oral arguments followed by lunch and discussion with Chief Justice Thomas Moyer was again one of the highlights of the fall. In the

spring observing oral arguments at the U.S. Supreme Court and meeting with the Clerk of the Court William Suter to discuss the court and its practices capped off a week in Washington that included meetings at the State Department, USAID, and the World Justice Project. In addition to the demands of the specialized academic program, the LLM students had the opportunity to meet with a variety of visiting scholars and experts. Yale Law Professor Susan Rose-Ackerman discussed governance and corruption issues with them following her Dean’s Series Lecture. Dr. Jean Marie Kamatali, former dean of the law faculty of the National University of Rwanda provided a weekend seminar on post-conflict reconciliation, while anti-corruption expert Bruce Horowitz offered a seminar on the practicalities of dealing with corrupt officials. Former U.S. Senator and ONU

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alumnus Mike DeWine, Hon.D. ’95, JD ’72, also offered a weekend seminar for the students on the American political process that was extremely well-received. Word about the law school’s LLM program has spread literally around the world, with over 7,000 visits to the website and linkages with a wide range of international organizations and educational service providers. The third class that enrolled this fall reflects the same diversity as the 2008 graduating class, assuring that the impact of Ohio Northern University on justice and democracy throughout the world will continue to grow.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

COLLEGE UPDATES

hen I took over as director of development in November 2007, one of my first goals was to define the role of the newly established Office of Development within the College of Law. Since then, I have been working tirelessly with Dean David Crago and the Office of University Advancement to gain a better understanding of the fundraising culture at Ohio Northern University. This understanding is helping us to set goals and establish effective fundraising policies and procedures that are responsive to the needs of the College’s students, faculty and alumni. and pledges, raised over $14,000 and had a record breaking participation rate of 46%. Their gift will go toward upgrades in the Alumni Moot Court Room. Congratulations to our young alums on their fundraising success!

By Lisa Sonia Taylor

Developing New Relationships Since January of this year I have been traveling to meet alumni and friends of the College of Law. I have thoroughly enjoyed meeting dozens of alums in Ohio, New York, the District of Columbia, Florida, Kentucky, Tennessee, Indiana and South Carolina. I want to thank everyone who took the time to meet with me over the last few months and speak so candidly about their ONU experience and professional careers and share their thoughts and concerns about the law school and its future. Each meeting was unique and the advice and stories shared are helping us to plan for future. The College of Law has almost 5,000 alums residing in all 50 states and abroad, and I look forward to meeting more of you. Please let me know if you or your firm is interested in hosting an event in your area.

Eugene N. Hanson Reading Room and Fellows Program Major renovation of the law library in honor of Eugene N. Hanson is complete! The new reading room provides 2,664 square feet of newly renovated and reconfigured space for quiet study and reading. The Fellows Program will provide scholarships to student who demonstrate financial need and exemplify academic excellence. During my travels I met with several alums who shared personal stories about Dean Hanson and the way he changed their lives. Alums who gave to this project expressed a strong admiration for Dean Hanson and a desire to honor his legacy. The Hanson Project has an approximate cost of $1,000,000 and we are close to reaching this goal. Although construction was completed in August, it is not too late to contribute to this fitting memorial to Dean Hanson. For more information about this project visit our website or call the Office of Development. Naming opportunities and staggered payment plans are available.

For the first time, the College of Law will celebrate three reunion classes at Homecoming. The Class of 1958 celebrating 50 years, the Class of 1983 celebrating 25 years, and the Class of 1998 celebrating 10 years all will be honored at the Donor Recognition Dinner at 7:30 p.m. on October 17, 2008. As part of this celebration, each class has established a committee to organize a reunion gift to the Northern Fund. If you are a member of one of these classes, please contact the law school’s Office of Development or visit our website for more information about your reunion gift project. Donations to the Northern Fund provide scholarships for our talented students, support faculty research, fund academic programs like on-campus lectures and symposiums, and ensure technological and capital improvements. Our immediate goal is to increase the participation rate of law alumni, which at 13% is currently the lowest participation rate among Ohio Northern’s five colleges. A high participation rate demonstrates to corporations, foundations and other grant makers that our alumni and friends believe in the University and its future. In this regard, every gift matters no matter the size. Donors to the Northern Fund may designate the College of Law as a recipient of their gift. For more information on these and other development-related initiatives, contact the College of Law Office of Development at (419) 772-2256 or at lawdevelopment@onu.edu

Class of 2008 Sets New Record with Class Gift The Class of 2008 presented President Kendall Baker with a check for $14,485 during the College of Law Honors Banquet on April 16, 2008. With 42 pledges, the Class of 2008 achieved the highest participation rate since the class gift program started in 2004. This year’s gift will go toward remodeling the Alumni Moot Court Room.

On behalf of the honorary Hanson Project co-chairs, Professors Emeriti Al Baillis, William Evans, Dan Guy, and George Vaubel and the law school community, I would like to thank everyone that donated to this project. Your gift will provide space not only for quiet focused study and reading but also room for group interaction that is vital to the law school experience. We invite you to join us for the dedication of the Hanson Reading Room during Homecoming on October 18, 2008 beginning at 9:45 a.m.

Continued Support – the Northern Fund Donations to the Northern Fund in support of the College of Law surpassed our goals for 2007-08. Reaching this goal was due in no small part to the tremendous effort of the Class of 2008, which through donations

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Class Gift Committee Co-Chairs Andrew Hopper, Tara Santarelli, and Jake LaForet present check to Dr. Baker

HOMECOMING

“Come Home to Polar Bear Nation” HOMECOMING 2008 | October 17-19, 2008 FRIDAY, OCTOBER 17, 2008

1–4 P.M. “ETHICS, PROFESSIONALISM & SUBSTANCE ABUSE”* MOOT COURT ROOM, COLLEGE OF LAW Continuing Legal Education program sponsored by the College of Law and Phi Alpha Delta - Willis Chapter Registration fee $65 non-law alum/$50 law alum Registration form online at www.law.onu.edu Contact CLE@onu.edu or 419-772-3051 Deadline to register: October 10, 2008

*Advance registration required directly with College of Law. Approved for 2.5 CLE hours including 1 hour Ethics, 1/2 hour Substance Abuse, and 1 hour Professionalism.

7:30 P.M. LAW DONOR RECOGNITION DINNER THE INN AT OHIO NORTHERN UNIVERSITY

SATURDAY, OCTOBER 18, 2008

8:30 A.M. LAW ALUMNI & FRIENDS BREAKFAST WISHING WELL, MCINTOSH CENTER 9:15 A.M. OPEN HOUSE - TILTON HALL OF LAW & TAGGART LAW LIBRARY The law school will be open for visitors to walk through and see our newest renovation, the Yontz Career Resource Center, as well as recent library renovations and the Celebrezze Room, Willis Room, Woodworth Room, Moot Court Room, and Narol Technology Classroom.

9:45 A.M. DEDICATION OF THE EUGENE N. HANSON READING ROOM 8 COLLEGE OF LAW LIBRARY Join friends, family, alumni, and colleagues as the College of Law dedicates the Eugene N. Hanson Reading Room.

You are cordially invited to the dedication of the

11:30 A.M. LAW ALUMNI & FRIENDS TAILGATE PARTY DIAL-ROBERSON STADIUM Join us under the big-top tent! Law alumni and friends have a designated area where they can enjoy the tailgate lunch together. The Student Bar Association is selling snow cones.

EUGENE N. HANSON READING ROOM

Register for these events by contacting the Law Alumni Office at lawalumni@onu.edu or 419-772-1980. Additional details at www.law.onu.edu

Saturday, October 18, 2008 9:45 a.m. Taggart Law Library Pettit College of Law

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OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

FEATURED SPEAKERS WOODWORTH LECTURE

Graetz speaks on Tax Policy Challenges By Louis F. Lobenhofer

On Thursday, May 8, Professor Michael Graetz delivered this year’s Laurence Neal Woodworth Lecture on Federal Tax Law and Policy on Meeting the Tax Policy Challenges of the 21st Century. Professor Graetz, Justus Hotchkiss Professor at Yale Law School, delivered the first Woodworth Lecture in 1995, and his 2008 lecture was one of the most successful in the history of the lectureship. Professor Graetz’s lecture followed from his recent book, 100 Million Unnecessary Returns, which advocates replacing the income tax for taxpayers with an annual income below $100,000 with a value added tax. Taxpayers with higher incomes would continue to pay an income tax at 20% to 25% on their income above $100,000. Instead of retaining the earned income tax credit, Graetz’s plan would give low income taxpayers employment tax relief through government grants. The corporate tax rate would also be lowered to a rate of 15% to 20%. Professor Graetz began with the tax policy issues most commonly recognized by students of government finance: the continuing deficits being generated by the federal government, the future retirement and health care costs following from the

retirement of the baby boomers, the AMT, and the scheduled sunset of the tax cuts enacted primarily in 2001. After reviewing these common issues, Professor Graetz turned to tax expenditures–tax provisions that foster goals not strictly related to tax laws. He specifically addressed the employerfunding of medical costs encouraged by tax provisions, the confusing welter of tax provisions subsidizing students pursuing higher education, and the tax support for the energy industry, including alternative energy sources. Professor Graetz pointed out that these tax expenditures tend not to provide coherent policy direction and tend to be inefficient and costly. Professor Graetz then turned to international conditions and their impact on our tax system. In recent years, developed countries have gone from being providers of capital to the developing world to borrowers from developing countries. This trend, combined with the great expansion in international investment assets and our trade imbalance have made it easy for corporations to avoid their tax burdens and require a rethinking both of our corporate income tax and on the international provisions of our tax laws. Finally, the gap in wealth and income between the wealthiest and the bulk of our citizens needs, in Professor Graetz’s view, needs to be addressed.

Larry Woodworth, son of Laurence N. Woodworth, Michael Graetz, speaker, Esther M. Woodworth, JD '82, daughter of Laurence N. Woodworth, and Louis Lobenhofer, professor of law

Internationalization and technological change have particularly undermined the position of the less skilled and educated workers, but the gap has affected most American workers. To preserve the equality of opportunity and the hope of upward mobility for working people, tax policies must attempt to ameliorate the growing disparities of wealth and income within our economy. Professor Graetz repeatedly made reference to the late Dr. Laurence N. Woodworth, BA ’40, the Ohio Northern alum in whose honor the lecture is presented. Professor Graetz’s lecture was very well attended and was generally well received. The lecture series continued to provide a stage for discussion of tax policy by top-flight experts before a highly expert audience.

KORMENDY LECTURE

Kennedy Featured as Kormendy Lecturer The Ohio Northern University College of Law was proud to host Professor David Kennedy as its guest speaker for the 2007-08 Kormendy Lecture. His presentation, The Mystery of Global Governance, focused on the shortcomings of a variety of theories that attempt to create a unified explanation of global governance. His conclusion was that the disaggregated nature of global governance is best understood by thinking about the overlaps between a variety of legal regimes that all seem to tell us something different about the structural framework of global governance as a whole. Kennedy is vice president for international affairs, university professor of law and David and Marianna Fisher University Professor of International Relations at Brown University and the Manley Hudson Visiting Professor of Law at Harvard Law School. Kennedy holds a Ph.D. in international affairs from the Fletcher School at Tufts University and a JD from Harvard. He is the author of numerous articles on international law, history and legal theory, and founder of the New Approaches to International Law project. As a practicing lawyer and consultant, Kennedy has contributed to numerous international projects, both commercial and public, including work with the United Nations, the Commission of the European Union, and with the private firm of Cleary, Gottlieb, Steen and Hamilton in Brussels.

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His lecture is part of Ohio Northern University’s Kormendy Lecture Series which was established in 1987 in the College of Law through an endowment from Helen E. Kormendy, widow of Dr. Steven W. Kormendy, LLD ’85, JD ’28. The Dr. Steven W. Kormendy and Helen E. Kormendy Law Lecture Fund is used each year to bring prominent individuals to campus to address relevant, topical matters of law. Dr. Kormendy, who died on Jan. 6, 1985, graduated from the ONU College of Law in 1928 and was posthumously awarded the honorary LLD. degree in 1985. The Ohio State Bar Association honored him for 50 years of law practice, and he was active in events in the Hungarian community in Cleveland. Past Kormendy lecturers include U.S. Supreme Court Justice Clarence Thomas, U.S. Senator Orin Hatch and former Attorney General Ramsey Clark.

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2008-09 KORMENDY LECTURE November 19, 2008

MARK YOUR CALENDAR

Pamela S. Karlan Kenneth and Harle Montgomery Professor of Public Interest Law, Co-Director, Stanford Law School Supreme Court Litigation Clinic, Stanford Law School

CARHART LECTURE

Menkel-Meadow Gives Inaugural Lecture The Pettit College of Law kicked-off its inaugural lecture of the Carhart Program in Legal Ethics on April 25, 2008. Professor Carrie Menkel-Meadow discussed Treating Unlike Cases Differently: The Ethics of Equality and Cultural Variation in Legal Process Pluralism. Her presentation focused on ethics and equality in treating unlike cases differently and explored explore how modern life presents cultural differences and variations in the treatment of legal, social, political, moral and emotional issues. Menkel-Meadow is A.B. Chettle Jr. Professor of Dispute Resolution and Civil Procedure, director of the HewlettGeorgetown program in conflict resolution and legal problem solving at Georgetown University Law Center, and the chair of the Georgetown-CPR Commission

MARK YOUR CALENDAR

on Ethics and Standards in alternative dispute resolution. As a leading expert in alternate dispute resolution, legal ethics, feminist legal theory and women in the legal profession, Menkel-Meadow has traveled the globe teaching, researching and speaking on these topics. Additionally, she has authored numerous books and more than 100 articles and currently is editing a three-volume series on complex (multiparty, multi-issue) dispute resolution for Ashgate Press. The Fred L. Carhart Memorial Program in Legal Ethics was established at the College of Law in 2007. The endowment to fund the program came from the estate of ONU alumnus Dwight L. Carhart, JD ’47, in memory of his father, Fred L. Carhart, BS ’02, a lifelong attorney in Marion, OH. The program brings to Ohio Northern eminent scholars, jurists and lawyers to actively engage in lectures, seminars and panel discussions for the benefit of students, the college and University communities, and the public, as well as the bench and bar.

The Carhart Program in Legal Ethics in conjunction with the Ohio Northern University Law Review will present a symposium entitled, Counsel’s Ethical Role in Modern Corporate Culture on March 20, 2009. Details at www.law.onu.edu

DEAN’S LECTURE SERIES

Series Brought Two Legal Scholars to Campus The Ohio Northern University Pettit College of Law Dean's Lecture Series brought two outstanding legal scholars to campus. The series began with a presentation by Professor Peter K. Yu on Friday, September 21, 2007. Yu, the Kern Family Chair in Intellectual Property Law and director of the Intellectual Property Law Center at Drake University Law School gave a presentation entitled, A Tale of Two Development Agendas. Born and raised in Hong Kong, Professor Yu is a leading expert in international intellectual property and communications law. In addition to writing and lecturing extensively on international trade, international and comparative law and the transition of the legal systems in China and Hong Kong, Yu is a prolific author, editor or co-editor of three books and more than 40 law review articles and book chapters. His latest publications include a four-volume reference book set entitled Intellectual Property and Information Wealth: Issues and Practices in the Digital Age. In the summer, Yu teaches at the University of Hong Kong Faculty of Law as a visiting professor, and is a research fellow of the

Peter K. Yu

Susan Rose-Ackerman

Center for Studies of Intellectual Property Rights at Zhongnan University of Economics and Law in Wuhan, China. Yu has spoken at events organized by the World Intellectual Property Organization, the International Telecommunication Union, the U.N. Conference on Trade and Development, the Chinese, Hong Kong, and U.S. governments, and at leading research institutions around the world.

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Susan Rose-Ackerman spoke on Thursday, October 4, 2007. Rose-Ackerman, the current Henry R. Luce Professor of Jurisprudence (Law and Political Science) and co-director of the Center for Law, Economics and Public Policy at Yale Law School, gave a presentation entitled, Corruption and Post-Conflict Peacebuilding. During her career, Rose-Ackerman has held fellowships with the Guggenheim Foundation and the Fulbright Commission and was a visiting research fellow at the World Bank and a fellow at the Center for Advanced Study in the Behavioral Sciences. She is also a member of the board of directors for Transparency International-USA and a prolific author. Her recent works include Corporation and Government: Cases, Consequences and Reform and From Elections to Democracy: Building Accountable Government in Hungary and Poland. Rose-Ackerman holds a Ph.D. in economics from Yale University.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

STUDENT ACTIVITIES MOOT COURT

2007 Year in Review By Nicole Boals, L-2, incoming chief justice, Moot Court

New York Bar Association Fall Moot Court Team The College of Law’s New York Bar Association Fall Moot Court Team participated in the New York Bar Association’s Regional Competition in November, 2007, in New York City. The New York Bar Association Moot Court Team was comprised of Melanie Murray, L-2, Fostoria, OH, Heather Runkel, L-3, Las Vegas, NV, and Emily White, L-3, Floyds Knob, IN. It was coached by Zachary Bushatz, L-3, La Rue, OH, and advised by Professor Stephen Veltri.

Constitutional Law Moot Court Team The College of Law’s Constitutional Law Moot Court Team participated in the 37th Annual National William B. Spong Moot Court Competition held at William & Mary's Marshall-Wythe School of Law in Williamsburg, Virginia in February. The team was comprised of Laura Crable, L-3, Ellwood City, PA, and Teresa McMahan, L-2, Hogenville, KY. It was coached by Brendan Roche, L-3, Abingdon, VA, and advised by Professor Joanne Brant. The competition was judged by esteemed legal professionals ranging from judges at both the federal and state level to members of the Virginia Trial Lawyers Association.

Moot Court Trial Team The College of Law’s Moot Court Trial Team traveled to The University of Dayton to participate in the Texas Young Lawyers Association Trial Competition in March. The team competed against students from other Midwest schools such as Case Western University and University of Toledo, and won their first two rounds. The team consisted of Nicole Boals, L-2, Lynnwood, WA, Victoria Godwin, L-3, Hialeah, FL, Ray Grogan, L-3, Liverpool, NY, Colette Kramer, L-3, Ann Arbor, MI, Meaghan McGuirk, L-2, Johnstown, PA, and Anthony McMullin, L-2, St. George, UT. Tom McLelland, L-3, West Jordan, UT, coached the team, and Professor Sherry Young was the faculty advisor.

Tax Moot Court Team The College of Law’s Moot Court Tax Team traveled to St. Petersburg, Florida, in February to compete in the National Tax Moot Court Competition, hosted by the Florida Bar Association. The team, made up of Thom Hooper, L-3, Athens, OH, and Brian Leahy, L-2, Columbus, OH, and coached by Steve Ball, L-3, Cincinnati, OH,

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW |

advanced through each of their rounds during the three day competition, ultimately securing third place overall. Hooper and Leahy topped teams from the University of Alabama, New England School of Law, and Barry University. In the round that would determine third and fourth place, they bested Florida State. Hooper received the competition’s Best Oral Advocate Award. The team was coached by Todd Kohlrieser, JD ’02.

American Bar Association Moot Court Team The College of Law's American Bar Association (ABA) Moot Court team competed in the regional round of the National Appellate Advocacy Competition, the largest advocacy competition in the nation, held in March in Boston. The ONU team was comprised of Jason Flower, L-2, Pittsburgh, PA., and Adam Runkel, L-3, Las Vegas, NV. The team was coached by Ellen Kuhler, L-3, Huron, SD, with faculty advisor, Professor C. Antoinette Clarke. Both Flower and Runkel had a winning record of 4-0 in the competition, advancing through the semifinals and into the regional finals, where they were defeated by University of California at Berkley in a tiebreaker. Throughout the competition, the team was never ranked lower than fourth of the 31 teams in the competition, with notable victories over The Ohio State University, Capital University and the University of South Carolina. Flower and Runkel also received an award for fourth-best brief in the region.

Jessup International Moot Court Team The Jessup International Moot Court team from Ohio Northern earned a fourth-place finish in the prestigious Jessup Mid-Atlantic Super Regional, held February 28 through March 2, 2008, in Washington, D.C. Representing Ohio Northern were Gregory Behringer, L-2, Hampton-Cove, AL; Joshua Boswell, L-3, Monroeville, PA.; Ryan McLelland, L-3, Salt Lake City, UT; and Esther SanInocencio, L-2, Clarksville, TN. Joshua Jones, L-3, La Crescenta, CA., served as the team's student coach and Professor Howard Fenton served as faculty advisor. In addition to the team's fourth-place finish, members enjoyed equal success in their oral arguments. Ohio Northern was the only team with all four members placing in the top 15 (of 96) competitors. Individually, SanInocencio placed 10th, Behringer ninth, and McLelland eighth, which gave the team a first-place ranking after the preliminary rounds. The team advanced through the quarterfinals, but lost in the semifinals in a split bench decision. Ohio Northern placed higher than teams from Georgetown, Penn State, American, Ohio State University, and George Washington University.

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The 33rd Annual Anthony J. Celebrezze Intraschool Appellate Advocacy Competition The final round of the Anthony J. Celebrezze Intraschool Appellate Advocacy competition was held on March 15, 2008. Finalists were Gregory Behringer, L-2, Hampton-Cove, AL, and Andromeda McGregor, L-2, Nebraska City, NE. Behringer and McGregor argued the case of District of Columbia v. Heller in front of a three-judge bench made up of Thomas Moyer, LLD '03, Chief Justice of the Ohio Supreme Court, Judge John Willamowski, JD '85, of the Third District Court of Appeals and Judge James Carr, Chief Justice of the United States District Court - Northern District. The judges provided feedback after the arguments and commended the participants for their performance. The Anthony J. Celebrezze Intraschool Appellate Argument Competition is one of two annual appellate advocacy competitions at the ONU College of Law and the only one available to upper class advocates. The competition invites all second and third year ONU law students to compete for awards and cash prizes by displaying their trial advocacy skills. The family of the Honorable Anthony J. Celebrezze, LLD '63, LLB '36, sponsors the competition. Celebrezze’s grandson, Anthony Celebrezze III and his wife, Stephanie, along with Celebrezze’s nephew, John Celebrezze, were present for the final round of the competition.

Burke E. Smith Intraschool Mock Trial Competition Held The Burke E. Smith Intraschool Mock Trial Competition, held annually since 1980, is one of three intraschool competitions organized by the Moot Court Board and the only annual trial advocacy competition held at the Ohio Northern University Pettit College of Law. The competition invites all second and third year ONU law students to compete for awards and cash prizes by displaying their trial advocacy skills. The competition is sponsored by the Honorable Judge Burke E. Smith, LLB ’54. Judge Smith, of Kenton, spent more than 34 years as a judge and was recognized by the Ohio Supreme Court as the oldest judge in Ohio to be assigned active cases prior to his retirement in 2005 at the age of 80. This year, the final round of the competition was held on September 29, 2007. Judge Smith’s son, Scott Smith, JD ’81, presided over the final round of the competition which featured students John Pinard, L-2, Nashville, TN, and Anthony McMullin, L-2, St. George, UT against Ray Grogan, L-3, Liverpool, NY, and Brent Cox, L-3, Nicholasville, KY. Ultimately, Cox and Grogan prevailed.

John Pinard, Anthony McMullin, Scott Smith, Ray Grogan and Brent Cox

Judge John Willamowski, Justice Thomas Moyer, Andromeda McGregor, Gregory Behringer, Judge James Carr

Daniel S. Guy Appellate Advocacy Competition

the competition, Thomas F. Bryant, LLD ’07, JD ’56, former Third District Court of Appeals judge, and Nicole Boals, L-2, Lynwood, WA, incoming chief justice of Moot Court.

The final round of the Daniel S. Guy Appellate Advocacy competition was held April 19, 2008. Oralists argued a case involving the first amendment in the schools, and whether or not a school has the right to remove a student from a more advanced class for disrupting the class. The finalists included Brian Anderson, L-1, Johnson Creek, WI, who won the competition, and Anna Marin Russell, L-1, Atlanta, GA, who was runner-up in the competition. Tyler Haslam, L-1, Bluffton, SC, was first runner-up, and Kyle Bickford, L-1, Cambridge, OH, was second runner-up.

The Daniel S. Guy First Year Intraschool Appellate Advocacy Competition is one of two annual appellate advocacy competitions at Ohio Northern, and the only one available to first-year advocates. The competition is the culmination of work on appellate briefs and oral arguments for the Research & Writing course which is required of all first-year students. Finalists advance to the Dan Guy competition where they compete for awards by displaying their oral advocacy skills. The competition is named in honor of Daniel S. Guy, professor emeritus and former dean of the College of Law.

Judges for the competition were Daniel S. Guy, LLD ’05, JD ’52, namesake of

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STUDENT ACTIVITIES

The Willis Chapter Goes to Washington By NICOLE BOALS, L-2, Lynnwood, WA

The Willis Chapter of Phi Alpha Delta had the opportunity to travel to Washington, D.C. for the Congressional and Judicial Reception sponsored by the National Capital Area Alumni Chapter of Phi Alpha Delta. Nicole Boals, L-2, Lynnwood, WA, the 2007-2008 Chapter Justice, Victoria Godwin, L-3, Hialeah, FL, the 2006 – 2007 Chapter Justice, and chapter members Erynn Huff, L-1, Washington, D.C., and Cathy Gagnon, L-2, Sandusky, OH, joined current P.A.D. members and alumni from the Washington D.C. and surrounding areas for a night of networking and socializing. After a bit of a drive, the group arrived at the Russell Senate Office Building. They were treated to great company and even received a special tour of the offices of the United States Senate Committee on Commerce, Science, and Transportation. The night was capped with a group dinner at The Capital Grill.

Willis and NCAA – NCAA member Greg Kirby joins the Willis chapter members Catharine Gagnon, Erynn Huff, Nicole Boals, and Victoria Godwin at the Congressional and Judicial Reception

The next day the group toured some of the highlight sites of D.C., including the Washington and Lincoln monuments, the Reflecting Pool, and the new World War II monument. The event was a great success, with our members making important networking connections and spreading the word about the Ohio Northern University Pettit College of Law.

The Great Debate

Criminal Sentencing Discussed at Diversity Fourm On Thursday February 7th 2008, the Black Law Students Association at Ohio Northern University proudly presented the 9th Annual Diversity Forum. This year’s topic was Disparity in Sentencing in the Criminal Justice System:, which looked into the disparities in criminal sentencing policies from the viewpoints of related but vastly different academia: law, criminal justice and politics. Featured speakers included Matthew Robinson, Ph.D., associate professor of criminal justice and criminology at Appalachian State University, Irfan Nooruddin, Ph.D., assistant professor of political science at The Ohio State University, and Bryan H. Ward, JD, Ph.D., director of clinical programs and associate professor of law at Ohio Northern University,

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Back row: Christian Legal Society officers Rex Patterson, Sean Martin and Aaron Baker Front row: Professors Joanne Brant and Stephen Veltri

The Christian Legal Society sponsored what it termed The Great Debate on April 9, 2008, when professors Joanne Brant and Stephen Veltri debated the issues of religious freedom and state power to regulate religion in the Moot Court Room of the College of Law. Specifically, the discussion centered around the case of Catholic Social Services of Sacramento v. Superior Court, which determined whether the state could require a Catholic organization to provide contraceptives to its employees. A lively debate ensued and provided an interesting discussion of the intersection between the freedom of religion and state regulation.

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2008 Symposium Deals with High-Profile Issues By Rebecca King Newman, L-2, Lima, OH

The Ohio Northern Law Review rolled out the red carpet for the 31st Annual Law Review Symposium Press, Publicity, and the Law: The Media in High Profile Trials, held on March 17, 2008 at the Claude W. Pettit College of Law. The attendance of several practitioners, faculty, and students made this a successful symposium. The 2007-2008 Symposium Editor, Ashley Schweizer, worked in conjunction with the Dean’s Office, Editor in Chief Jake LaForet, the editorial board, associate editors, and staff editors to organize and host this event. Professor Victor L. Streib moderated the symposium. Professor Streib is the Fisher Professor of Law at Ohio Northern and is a former dean of the school. Streib has taught criminal law and ethics to over 5,000 students at six institutions. His work in the criminal defense field has led to work testifying as an expert witness in death penalty cases. Streib’s extensive research and writings have led to the U.S. Supreme Court citing his work 28 times in seven cases. The first speaker was Professor Richard J. Peltz of the University of Arkansas in Little Rock. Professor Peltz is a well-known Freedom of Information lawyer. His presentation was entitled Fifteen Minutes of Infamy: Privileged Reporting and the Problem of Perpetual Reputational Harm. The focus of the presentation was the Duke lacrosse players and the lasting effect the media, especially online publishers, could have on their reputations. Peltz argued that the news media must be more proactive in making sure online stories are updated, corrected, and cross-referenced in order to maintain a fair and balanced viewpoint. Peltz also argued that public concern for reputation and privacy in the current information age is such that historic privileges enjoyed by the news media may no longer afford the media the protection they have been used to receiving from the courts. Associate Professor Janis L. McDonald of Syracuse University School of Law gave a riveting account of her experiences investigating Civil Rights-Era murders through the Cold Case Justice Initiative she directs at Syracuse University College of Law. Her presentation focused on legal and media issues related to prosecuting Civil Rights-Era murders. McDonald spoke of how important investigative reporters and documentary filmmakers are to keeping the story of these unsolved murders alive. The media also keep prosecutors and law enforcement engaged in solving these crimes. Professor McDonald discussed the problems that can arise regarding evidence used in prosecuting the criminal defendants. During the luncheon, the Keynote Speaker was Benjamin Brafman, JD ’74, of Brafman & Associates, New York, NY. Mr. Brafman is principal of his Manhattan law firm, which specializes in white-collar criminal defense. Despite an illness that kept Brafman away from the event personally, he sent along a videotaped address that entertained the luncheon audience of students, faculty, and lawyers. Brafman encouraged the audience with tales of making it big after starting out his career at Ohio Northern. Up next was Professor Kevin C. McMunigal, a Judge Ben C. Green If you are interested in submitting any articles for publication in the Ohio Northern University’s Law Review, please contact Lead Articles Solicitation Editor, Corey Asay at j-asay@onu.edu

Professor of Law at Case Western Reserve University School of Law. Professor McMunigal’s presentation was entitled Strategic and Ethical Risks Posed by Client Media Campaigns. As an example of this risk, McMunigal used Martha Stewart and Arthur Anderson to show how they used publicity and the media to sway public opinion. McMunigal raised questions of whether counsel for these media-savvy clients have any conflict of interest problems; whether counsel should be involved in making decisions regarding media campaigns; and whether lawyers whose clients wage such campaigns are subject to vicarious ethical violations under Model Rule 8.4. Moderator Victor Streib gave the final presentation on Ethics, Politics, and Publicity in High Profile Criminal Cases. Streib asked whether ethical standards could provide an effective check for media-hound lawyers. The rules forbid criminal prosecutions and defenses to take place in the media out of fear official adjudication will be prejudiced. However, both prosecutors and defense attorneys seek out the media in order to make their respective cases with the public. Streib addressed the problems with the tactics used by both sides and how the ethical rules regulate this practice. Attorneys who attended the symposium received five CLE credit hours, which included one hour of ethics. The CLE hours were approved by the Ohio Supreme Court Commission on Continuing Legal Education. The symposium speakers will have their presentations published in the Ohio Northern University Law Review. The Ohio Northern University Law Review presents this annual symposium for the purposes of attracting prominent speakers who provide interesting and important discussions on significant issues in the legal field.

Victor Streib, Richard J. Peltz, Susan H. Duncan, Kevin C. McMunigal, Janis L. McDonald

MARK YOUR CALENDAR

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THE 32nd ANNUAL LAW REVIEW SYMPOSIUM WILL BE HELD AT OHIO NORTHERN PETTIT COLLEGE OF LAW ON MARCH 20, 2009. Next year, the 2009 Law Review Symposium will join up with the Carhart Program in Legal Ethics to present a symposium on the ethical dilemmas facing corporate legal counsel and new developments in the law that have come about from several recent U.S. Supreme Court decisions.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

STUDENT ACTIVITIES

Ohio Northern Students Excel at Bar Exam Ohio Northern University's Pettit of College of Law is proud to report graduates had a 100 percent pass rate for first-time applicants taking the February 2008 Ohio bar examination. This came after Ohio Northern graduates recorded the highest percentage of first-time applicants passing the July 2007 bar, with 95 percent of first-time takers passing the Ohio bar examination. Statewide, only 88.1 percent received passing scores. David C. Crago, dean and professor of law at Ohio Northern, celebrated the accomplishments of the ONU graduates, “We are extremely proud of our students and their successful completion of the Ohio bar examination. This is the culmination of years of hard work, determination, and self-discipline.”

Third District Court of Appeals at ONU The Ohio Third District Court of Appeals heard oral arguments in a criminal case at Ohio Northern University’s Pettit College of Law on March 18, 2008. The oral arguments were held before a three-judge panel consisting of presiding Judge Stephen R. Shaw, JD ’75, and Judges Richard M. Rogers, BA ’66, JD ‘72, and John R. Willamowski, JD ’85. The case heard was State v. Goode (Allen County), an appeal of Goode’s jury conviction for two counts of trafficking in crack cocaine and one count of having a weapon while under disability. Both attorneys in the case were ONU law alumnae, Jana E. Emerick, JD ’92, for the prosecution and Maria Santo, JD ’87, for the defense. The Appellate Court’s special session at the College of Law was part of an educational outreach program to give students, educators and the public an opportunity to enhance their

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understanding of the appellate process. The Appellate Court, based in Lima, OH, is comprised of 17 counties and travels among them for special court sessions.

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Flying North for the Winter By Steven Keslar, Junior, Journalism Major

Traveling to a foreign country can be intimidating, especially when that country is experiencing one of the worst blizzards in recent years. Then again, no one expected Iceland to be a tropical island. It was 1960 when former Dean Eugene Hanson began the Icelandic Legal Exchange Program, which allows students from Ohio Northern University to first visit the University of Iceland in Reykjavik, and then host several Icelandic students as they visit ONU. This year, six ONU students traveled to Iceland from Jan. 16-21, which marked the 48th year of the program. The students making the trip were Marissa D’Altorio, L-3, from Export, PA.; Meaghan McGuirk, L-2, from Johnstown, PA.; Tristin Kilgallon, L-1, from Philadelphia, PA.; Rex Steele, L-1, from Preston, IN.; Adam Weaver, L-3, from Mohnton, PA.; and Emily White, L-2, from Floyds Knobs, IN. While in Iceland, the students stayed in Reykjavik, the capital city. Because the country is so small, with a total population of about 316,000 people, most of the people live near that city. Even so, many important sites lie amidst the country-side, and the students ventured out to discover them. On one particular day, the destination was Thingvellir, site of the original parliament created in 930 A.D. Thingvellir is not a building, but rather a valley among mountains that was used as an ancient meeting place. Before going, the students knew some snow was expected, but no one anticipated the blizzard they found themselves in. They traveled in two SUVs, basically in white-out conditions an hour and a half into the Icelandic wilderness, Kilgallon said. “It was awesome!” McGuirk assured, despite her being on the SUV that got stuck in the snow. Three and a half feet of snow sat on the ground, and the students pushed their way through it to see Thingvellir. Afterwards, rather than returning to Reykjavik, they continued onward to a restaurant. The blizzard changed the 45 minute drive to around a five hour one, Kilgallon said. A reality check hit them at the restaurant when they realized they weren’t going to get cheeseburgers and pizza, instead they ate Hákarl, or Putrid shark, which is a traditional Icelandic dish made by burying shark underground for several weeks, then hanging it to dry for several months. On another day, the students visited the Supreme Court of Iceland, and were surprised by the accessibility of everything. They were able to meet two of the Supreme Court justices with little difficulty, and were able to see inside the Supreme Court room.

They also visited the Blue Lagoon, which is a famous natural spring and spa entirely heated by geothermal energy. In fact, the entire country is heated by geothermal energy. For example, if you take a shower for too long, rather than the water getting cold, it just keeps on getting hotter and hotter, McGuirk said. Through the exchange program, the students were able to experience an entirely different culture, shown to them by another college student, which was an experience they found really enjoyable. Then they were able to return the favor. William Huntingdon Williams, Ketill Einarson, Runar Einarson, Skuli Sigurdsson, Halldor “Dori” Asgeirsson, all students from the University of Iceland, traveled to Ada, OH to experience the United States. They were able to sit in on a class at the law school and they noted how different the teaching style was from what they were used to. The class at ONU was very interactive, where the teacher involved the students with the material, but the classes they are used to are much more lecture based. A nice change for the Icelandic students was the sunshine. One student noted that before he came to Ada, he had not seen the sun clearly for several months because it is winter in Iceland where the sun will only come out for 4-5 hours per day. During summer months though, it is light out all 24 hours every day. Apart from seeing a law class, the Icelandic students had a full schedule including a trip to the courthouse in Lima, OH, a ride-along with the police, firing guns at a shooting range, and hanging out with other students from Ohio Northern at the local restaurants and bars. The exchange program finished with a roundtable event where both sets of students formed a panel and answered questions about the trip and described their experiences, while remarking on the political differences between Iceland and the United States. The event marked a close to the 48th time two groups of students from these two entirely different cultures were able to be brought together for a time of fellowship and discovery of each others’ world.

JOIN THE COLLEGE OF LAW in 2010 for an alumni trip to Iceland commemorating the 50th anniversary of the program! Contact law alumni@onu.edu for details. Law students from Ohio Northern and the University of Iceland

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How I Spent My Summer

ONU law students spread out across the United States and the world to work and study this summer. Ashley Weyenberg I worked at Kegler, Brown, Hill & Ritter in Columbus, OH. As a Summer Associate, I experienced practical situations, learning about issues that are not taught in law school and also honing my legal research and writing skills. These things helped me to broaden my knowledge, insight and abilities and to determine the practice areas that are most interesting to me. I was able to participate in estate closings, oral arguments, business transactions, litigation work, client advising, business development and pro bono work. I feel as though I am moving towards becoming a much more well-rounded person, which will in turn clarify my perspective of the law and my legal education once I return to ONU. I believe that classroom and individual learning will prove

I gained valuable experience with legal research, writing and drafting of documents that I hope will give me an edge in the upcoming recruiting season.

much more interesting, engaging and fun, actually. This was the most rewarding, useful and successful summer of my life. Although I have had many wonderful experiences, the most memorable of my summer thus far includes the opportunities I had to participate in a sale of a family LLC to an irrevocable grantor trust for a very prominent individual’s estate plan. I was able to draft the documents, insert relevant and updated language complying with recent IRS code updates and private letter rulings, give my personal advice to my supervising attorneys and clients, and coordinate the closing procedures for the client and the client’s family. Luke Overmeyer I worked as an extern for the Hon. C. Kathryn Preston in the United States Bankruptcy Court for the Southern District of Ohio, in Columbus, OH. The summer work experience helped me decide that bankruptcy law is a specialty that I want to pursue and practice once I graduate from law school. My most memorable experience was associated with a Chapter 13 case where I wrote a memo and the judge used my material to make her decision. I felt like the work I had been doing was really benefiting the

Kimberley Tayner I worked for NetJets, Inc., a fractional jet ownership and private jet rental company, in their Columbus, OH, office. I worked in the contracts department for the VP of Contracts creating various documents and conducting occasional research. I was also assigned projects from the General Counsel. I gained valuable experience with legal research, writing and drafting of documents that I hope will give me an edge in the upcoming recruiting season. Due to the nature of NetJets, most of my memorable experiences are confidential!

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judge and not just busy work to show me the ropes. It was nice to see the law I felt was correct put into action in the courtroom and see how the attorneys reacted. Trena M. Williams I worked as a summer associate with Legal Aid of Western Ohio (LAWO) in Fremont, OH. By working with LAWO as a summer associate, I have gained more in-depth knowledge of working with clients, attorneys, judges and meeting deadlines. I have interacted with clients by performing client interviews and working with other attorneys during pre-trial hearings. This has indeed been a wonderful experience and I would recommend that every law student work with LAWO at least once to add to their legal career. My most memorable experience was when I attended a pre-trial hearing with my managing attorney regarding a family law/divorce case. I was able to interact with our client and also learn how to handle situations in which opposing counsels/adverse parties are not always pleasant and professional. Jacob Ray I clerked in the special prosecutions unit of the United States Attorney’s Office for the Eastern

District of Michigan in Detroit, MI. My experience introduced me to the practical application of what I have learned thus far in law school, and put me in contact with a number of government agents and agencies. The most memorable experience was being able to attend and contribute to the prosecution of Jeffrey Fieger, albeit a loosing effort. Another highlight was firing an M-16 and an AK-47 at the ATF Range Day. Andromeda McGregor I worked with the Ohio Attorney General’s Office in Columbus, OH. I interacted with attorneys daily, participated in hearings, negotiations and other meetings. I learned how to apply law school learning with real-life applications and how to practice (i.e. how to file forms, how to type documents, etc). I drafted and signed pleadings filed both in courts and in administrative review agencies. I also assisted in writing two briefs to the Ohio Supreme Court. I was the lead attorney at about 8 hearings before the Liquor Control Commission (it is a great feeling to be the person sitting at the table). I was the principal drafter of a brief to be filed to the 6th Circuit Court of Appeals. All in all, a very memorable summer so far. Brittany Walker I was an intern at Talley, Crowder & Talley in Norman, OK. There isn’t a case that came

through this office over the summer that I did not work with, either in part or in full, so I can’t imagine a better experience! My most memorable experience was popping open a bottle of champagne at the office after getting back a not guilty verdict in my first felony jury trial.

including listening to a speech by Carl Pope, executive director of the Sierra Club, having lunch with and listening to the president of the American Bar Association, and attending the Great Lakes Energy Taskforce meeting with Cuyahoga County Prosecutor Bill Mason.

Natalie Damron I worked with Franklin & Rapp in Lexington, KY. The experience allowed me to gain knowledge and experience in general practice and specifically in real estate and domestic relations. I enjoyed the day-to-day experience of working in a law firm and preparing myself for when I begin to practice after law school.

M. Charlotte Sidor I worked as a Summer Associate with Dinsmore & Shohl, LLP, in Columbus, OH. Not only did I sharpening my research and legal analysis skills, I also learned how to be creative with my legal arguments. I found this extremely important because quite often a client’s situation may not neatly fit into textbook cases. In a sense that is what they are paying for--the ability to be creative with the law. My most memorial experience was working and living through the break away of my entire office from one firm to join another Columbus firm. It was quite a unique experience.

Scott Winograd I had internships in Cleveland, OH, with Ohio Citizen Action and Green Energy Ohio. I want to go into environmental law or a career related to the environment and gained invaluable experience in the area. I researched class actions, toxic torts and environmental laws such as the Clean Air Act. I helped explore a lawsuit against a steel company in Cleveland that is polluting the neighborhoods and harming the health of the residents. I attended meetings with Cleveland and Ohio policy makers regarding Ohio’s Energy future. I learned about renewable energy and energy efficiency while helping to mainstream it across Ohio. I had several memorable experiences this summer,

Heather Wilson I took summer classes, worked as a law clerk for Baran, Piper, Tarkowski & Fitzgerald in Lima, OH, and as a research assistant for Professor Sherry Young. At Baran, Piper I worked on a variety of things...real estate, interviews of witnesses, complaints, and several motions for summary judgments, etc. I also researched whether a foreign statute is controlling in Ohio when no judgment has been entered and also

Through this summer experience, my researching skills improved dramatically and I have a better understanding of how the judicial system works and the role of an attorney in it.

Brandon French This summer I worked for Judge Gregory L. Frost, JD ’74, of the United States District Court for the Southern District of Ohio in Columbus, OH. Through this summer experience, my researching skills improved dramatically and I have a better understanding of how the judicial system works and the role of an attorney in it. My most memorable moment was writing an order and then the judge (as a joke) printed it off LEXIS and framed it for me. It was extremely interesting to do real life work for the first time.

Justin Schafer, L-1, Brandon French, L-1, Judge Frost, and Bret Schmied, L-2, at the Grandville Golf Course during the Mike Craig Memorial Tournament

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worked on a motion for summary judgment regarding res judicata and government immunity for freeholders and auctioneers. The summer clerk position provided me real experience in the law profession and allowed me to network. Robert Fitzgerald, JD ’82, was a wonderful mentor.

and understand the way theories and principles of law function in real-world practice, and to have the satisfaction of helping others who are less fortunate. My most memorable moment was when a woman passed out in the courtroom after receiving a 6 month sentence for passing bad checks.

hopefully for when I graduate. I had the opportunity to see how the court system works, observe legal procedures, and see different presentation styles. As a MSW, this is the exact field I would like to work in for my career. I like to attend adoptions. Those were the best days here in Orphans Court.

D. Justina Wariya I did an internship with Findlay (Ohio) Municipal Court working with Judge Kevin Smith and Judge Robert Fry, JD ’78, BA ’75. Sometimes I was in court reading charges and statutes or researching different statutory and case law issues and judgment entries. Municipal Court also holds small claims court on Tuesday evenings with Magistrate Bruce Brimley. I wrote memos and opinions for him as well.

Adrian DeGori I worked for the public defender’s office in Pittsburgh, PA. I think this experience will benefit my career in getting experience in the criminal process and observing how the attorneys present themselves in the courtroom.

Bryan Lau I worked for the firm of Tyack, Blackmore, and Liston Co. LPA., in Columbus, OH. At the firm, I performed most of my research and work in the areas of domestic, criminal, juvenile, and personal injury law. Apart from this, I also had an internship with the State of Ohio Personnel Board of Review in Columbus, Ohio where I actively participated and aided Administrative Law Judges in writing and drafting reports and recommendations concerning the appeals of removals and suspensions of state civil servants and employees. Finally, I helped my father, Edward Lau, JD ’88, Attorney at Law, in his immigration law practice in the evenings by aiding him with the filing, answering, and preparation of a variety of things such as applications for permanent residency, naturalization (citizenship), visas, and methods of relief from removal/deportation.

Shawn Richter I worked as an intern at the Neighborhood Christian Legal Clinic in Indianapolis, IN. It is a not-for-profit organization, which represents clients at no charge if they meet certain income level criteria. It was very fulfilling and a nice break from the stuffy, stressful environment of time and money focused legal work. The whole experience was memorable. Daniel Meyer I worked four days a week at the Geauga County Court of Common Pleas and volunteered one day a week at Habitat for Humanity. These experiences helped me to see

Jessica Salisbury I worked for The Copley Law Firm, LLC, in Columbus, OH. The firm does mostly business litigation and construction law. We did a lot with government contracts, etc. This experience showed me that I am interested in business litigation and construction law, two areas I had not really considered before. My most memorable experience was writing a Mandamus Complaint and brief to be filed with the Ohio Supreme Court. Danielle Aregood I worked as a law clerk at Luzerne County Orphans Court, in my hometown of WilkesBarre, PA. I was exposed to many attorneys who work in the field of juvenile law and domestic relations. Through the experience, I secured a placement for next summer and

This summer experience helped me in understanding the intricacies and inner workings of a true law practice. By being able to actively participate in a small firm atmosphere, I was able to gain an

Having a clear vision of my desired career goal provides a greater ability to take definitive steps to work toward it. Amber Ehret I studied in London, Paris, and Geneva with a program on comparative law through American University, Washington College of Law from May 24th through June 23rd. I spent one week in London, two weeks in Paris and one week in Geneva. The rest of my summer was spent in northeast Indiana. The study abroad program was incredible. It not only covered the basics of European Economic Law and Human Rights Law, it also provided tremendous exposure to a wide variety of institutions, such as the WTO, UNESCO and ICRC. It was through these institution visits and presentations that I discovered what my dream job would be working on the legal team at the International Committee of the Red Cross. Having a clear vision of my desired career goal provides a greater ability to take definitive steps to work toward it. The entire month in Europe was very memorable!

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understanding of everything that must be accomplished in a case from start to finish. Moreover, getting a variety of experiences from both the private sector as well as the public, it helped me appreciate the differences between the two (which is quite important when deciding what career path I intend to take). The most memorable experience thus far this summer was my traveling to Vancouver for the Annual Immigration Law Conference sponsored by AILA. I was able to network, meet many new attorneys as well more experienced veterans in the field. I was also able to see Vancouver which is an amazingly beautiful city. Alexander Fowler This summer I worked in Columbus, OH as a law clerk for the civil division of the Columbus City Attorney’s Office. The civil division is comprised of 3 sections: Business and Regulation, Labor and Employment, and Litigation. As a

law clerk, I had the opportunity to draft various legal documents, conduct research on a variety of different legal issues, assist in deposing witnesses, etc. I drafted a summary judgment motion regarding governmental immunity. Working for the city of Columbus provided me with new and exiting experiences every day. Joseph Calmeri I worked at the Toledo, OH, office of Roetzell & Andress. My summer experience will benefit my career because it allowed me to become acquainted with the law firm setting, helped me explore alternative types of law, and helped me make a choice regarding my career path. My most memorable experience was going to a Young Lawyers function put on by the Toledo Bar Association at the house of Judge James Carr of the U.S. District Court-Northern District. Jennifer Boyer I worked at the law offices of

Donald D. Saxton, Jr. in Washington, PA. I learned quite a bit about oil and gas law in Pennsylvania, as well as how a small law practice operates in a fairly small city. I had the opportunity to meet quite a few interesting clients and am very happy when the work that I did contributed to solving their problems. One couple in particular was having trouble with a bank and I did everything I could to assist Mr. Saxton in helping this couple. When the bank began to cooperate, I was thrilled! Erynn Huff I worked at the National Institutes of Health (NIH) in Washington, D.C. as a Program Manager as well as being enrolled in the NIH’s Summer Student Series for Bioethics (a course designed to familiarize students with the field and pair them with a bioethicist so that you get exposure to day-to-day job). I also took a Spanish class in the evenings and volunteered in Washington, D.C. for Congresswoman Eleanor Holmes

Norton’s office. Participating in the bioethics program gave me exposure to a career where I can combine my JD and undergraduate biology degree into a career upon graduation. Just in case I decide that I don’t want to pursue that avenue, I also gained exposure to the federal legislative process by working in the Congresswoman’s office and making important contacts there. My most memorable experience was attending the American Constitution Society’s 6th Annual Conference in June where I met several great lawyers, academics, and lawmakers who have a progressive vision for the country. The keynote speakers were Sen. Patrick Moynihan of New York and former Deputy Attorney General under President Clinton, Eric Holder. It was a fabulous opportunity to talk with the nation’s leaders about policy and its impact on the lives of Americans and other citizens of the world as well as discussions about future policies the next administration will be facing and how they can be

I was also given a hands-on role within the company, which taught me a great deal about the legal needs of a Fortune 50 corporation. Stevie M. Cline I worked as a Litigation Summer Associate with Fiat S.p.A. North America/Case New Holland North America, which is headquartered in Torino, Italy and Racine, WI. I logged some major airline frequent flier miles because I had to go between the two offices depending on what was going on. This job was integral in allowing me to network with some internationally acclaimed attorneys and judges. I was also given a hands-on role within the company, which taught me a great deal about the legal needs of a Fortune 50 corporation. Also, the General Counsel for Fiat gave me projects to work on with the European and Asian departments as well. My most memorable experience was while I was in Chicago for mediation with Walgreens and I was introduced to Judge Posner by the managing director of our outside counsel firm, Michael King of Dewey & LeBoeuf, LLP.

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handled from a progressive viewpoint. I loved it and hope to revitalize the school’s dormant ACS chapter in the fall. Randy Petrouske I studied abroad through Temple’s Summer in Rome classes. This experience gave me some firsthand insight into how American businesses are affected by international policy. I also met a lot of students from other schools who have become friends and will be great business contacts for the future. My most memorable

I was able to familiarize myself with the laws, and the practice of law in multiple jurisdictions.

experience is hard to choose! One that comes to mind was having a couple Italians engage me in a conversation about American politics on the Metro on my way to class. Rebecca Falvo I worked as a summer intern in the violent crimes division of the Office of the United States Attorney in Pittsburgh, PA. It was a fantastic experience. There are three Assistant U.S. Attorneys in this office that graduated from Ohio Northern. Of those, I worked relatively closely with James Love, JD ’83, and Ross Lenhardt, JD ’88. I also worked with various other attorneys as projects come up and they need assistance. I spent a great amount of time in federal court. I was able to see the projects that I worked being resolved by the

judges. A number of great programs were put together for us with the goal of exposing us to every step of the legal process, from tours of the postal inspectors and FBI to speaking with retired U.S. Attorneys and former federal judges about what they look for when hiring. My most memorable experience was spending the day with an assistant U.S. Attorney and federal agents helping to prepare search warrants to serve on various internet companies in a child pornography case, and getting them signed and reviewed by the judge. (Obviously not due to the nature of the case, but rather the ability to work on something from the beginning and see it coming together piece by piece.) As a rising L-2, I had not had very much, if any, experience with search warrants.

My study abroad experience provided me with the opportunity to experience another culture, take courses not available at ONU, and learn about the legal system of another country.

Brian Anderson I worked this summer as a summer associate at the law firm of Offutt Nord. The firm has offices in Huntington and Charleston, WV, and I spent time at both offices. One aspect of the position that I found unique, and especially useful, is that given the geographic location of the firm (i.e. Huntington) the firm has a very active practice in Ohio, Kentucky and West Virginia, as well as other surrounding states. I was able to familiarize myself with the laws, and the practice of law in multiple jurisdictions. I don’t have a singular most memorable experience, however, engraved in my mind is my continuing frustration that West Virginia does not have intermediate appellate courts, or an automatic right to appeal, making legal research loads of fun with the scant amount of case law!

Megan Roby I studied abroad in Sydney, Australia through the University of North Carolina Chapel Hill. My study abroad experience provided me with the opportunity to experience another culture, take courses not available at ONU, and learn about the legal system of another country. I took two courses and the program was 5 weeks long. The first course was The Use of Force in International Law: From Terrorism to Peacekeeping (all about the use of force after 9/11, Iraq, Kosovo, etc.). The second course was half a professional responsibility course and half a United States v. Australia comparative law course. My most memorable experience academically was observing an Australian Court hearing and seeing the attorneys (“barristers” in Australia) wear robes and wigs. Otherwise, my most memorable experiences were learning to surf and snorkeling at the Great Barrier Reef!

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For more information on clinic opportunities, contact Bryan Ward, at b-ward@onu.edu or 419-772-2655.

My duties as an extern included researching relevant legal issues before the court, drafting opinions and orders and bench memorandums, and observing court proceedings.

Justin Schafer This summer, I worked as a judicial extern for Judge Edmund A. Sargus of the United States District Court for the Southern District of Ohio, located in Columbus, OH. Judge Sargus has served on the District Court since August, 23, 1996. My duties as an extern included researching relevant legal issues before the court, drafting opinions and orders and bench memorandums, and observing court proceedings, such as trials, hearings, settlements, and final pretrial conferences. My most memorable experience was getting an Opinion and Order that I had written signed by Judge Sargus and published on West Law shortly thereafter.

We all learned a lot and had fun too! Joy Miller I interned with the National Association of Attorneys General in Washington, D.C., where I worked with a variety of people on many projects. My “supervisor” was the Environmental Counsel, so I worked on several environmental projects. But I also worked on criminal issues and attended an online conference on Sex Offender Registration. I did research on statutes regarding the rights of members of the military service when they are on duty and when they return from duty. I also had the opportunity to attend NAAG’s summer meeting which was in Providence, Rhode Island. I found this experience to be the most interesting because I got to see many of the state Attorneys General. I saw firsthand how they interact with each other and how NAAG plays a pivotal role in promoting cooperation among the states. While at the meeting, I also heard Cal Ripken Jr. address the attendees. This summer was a wonderful experience. Living in D.C. was both a challenge and adventure every day and quite different than life in Ada. I met great people and learned more about the legal profession that will serve me well in the future! I met many

people who have dedicated themselves to public service. At the beginning of the summer, the office went on a day trip to the battlefield at Gettysburg. While I had been to Gettysburg before, it is also an incredible experience. This occurred at the end of my first week, so I was still pretty new to the office. Besides learning more about our nation’s history, I also got to see many of my co-workers in a relaxed environment. We all learned a lot and had fun too!

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OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

STUDENT ACTIVITIES

Summer Public Interest Stipends Awarded

PUBLIC INTEREST STIPEND RECIPIENTS These students, along with the ones who have gone through the program in the past, are dedicated to public service. We continue to encourage our students to participate in making a difference and effecting social change.

CRAIG CARSON, L-2 By Cheryl A. Kitchen

Law students at Ohio Northern University College of Law continue the history of public service. Many students enter law school with the desire to work in the public sector and to make a difference in the world by “doing good” for our society. Despite their good intentions, very few students actually go into the public sector area of law after law school. Only about 2-4% actually end up in public interest law after graduation. For the past 11 years, the Office of Law Alumni & Career Services at Ohio Northern University College of Law has sponsored a Public Interest Auction to support students who want to pursue a public interest career and who volunteer their time during the summer. Each year businesses from the area, as well as individuals, donate items for the auction. The auction provides the funds for students to participate in legal positions over the summer in the public service sector. No salaries are paid for these positions, but students receive a stipend to help with their expenses. In the past 11 years, we have raised over $50,000 and been able to award stipends to 53 students. The annual auction has grown each year and we encourage its expansion, which allows even more students the opportunity to gain valuable experience in the public service area of law. In the summer of 2008, six more students were awarded each a $1,000 stipend for their volunteer work over the summer. These summer law students will serve in many areas with people desperately in need of legal representation who cannot afford it, with judges and government agencies.

Rochester, NY Legal Aid of New York, Brooklyn, NY

ALENA KOZLOVA, L-1 San Diego, CA Immigration and Nationality Law California State Board of Legal Specialization, La Jolla, CA

TRENA M. WILLIAMS, L-1 Carrollton, MS Equal Justice Works AmeriCorps, Legal Aid of Western Ohio, Inc., Fremont, OH

ROBERT (CHRIS) GARRISON, L-1 Mt. Sterling, KY The Honorable Beth Maze, 21st Circuit Court, Kentucky

JASON A. OTT, L-2 Coudersport, PA Hancock County Public Defender’s Office, Findlay, OH

MARK YOUR CALENDAR

The next Public Interest Auction will be held in the spring. To donate items for the auction or to provide financial support, contact Cheryl Kitchen at (419) 772-2249 or c-kitchen@onu.edu

ALEXANDRA J. BUCK, L-1 Potomac, MD The Honorable Jeffrey Voelkl, Williamsville Village Court, Williamsville, NY

Student has Articles Published William Reisinger, JD '08, had two articles accepted for publication before he even graduated this past May. His first article, Beyond 'De-Nile': The UN's Genocide Problem in Darfur, was published in the Touro Law Review and dealt with the international legal definition of genocide found in the UN's Genocide Convention. In this piece, Reisinger also discussed the options which the international community has to enforce the Convention, specifically regarding humanitarian intervention/the use of military force to stop the violence. His second article, Law and Justice in Mark Twain's Great American Novel, has been accepted by the Michigan State Journal of Entertainment & Sports Law. In this piece, Reisinger discussed the law and literature movement, and applies a law and literature analysis to Huckleberry Finn.

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SUMMER HAPPENINGS

Summer Scholar Researches the Definition of Torture

Law Faculty Research Over the summer, many of the Pettit College of Law faculty members worked on research projects. Professor Scott Gerber O’Melinn Lewis Frohnen Pecchioni Gerber continued to work on his book entitled; The Origins of an Independent Judiciary. This right infringement claims regarding conventional work, a study in American constitutional develop- literary products should not be judged by the same standards as computer software programs. ment, explores how the original thirteen states and their colonial antecedents treated their respec- Professor Michael Lewis worked on a book tive judiciaries. Gerber places an emphasis on chapter An Introduction to the Battlefield when and why these state judiciaries became inde- Perspectives on the Law of War, which will discuss pendent. the practical considerations associated with law of war compliance during military operations. It will Professor Liam O’Melinn worked on several artialso analyze how feasibility becomes a critical faccles. The Recording Industry v. James Madison, aka tor in the valance between what in effect become Publius: An Essay on the Nature of Intellectual “mandatory” rules, and how in practice such an Property, attempts to measure the present state of approach enhances the credibility of the law. intellectual property against the past. The article Lewis is also finishing an article entitled Amount endeavors to assess the general milieu in which in Controversy Manipulation of Federal Removal American copyright and patent law came into Jurisdiction. being, and chart various ways in which the law of intellectual property has departed from its original purpose of encouraging progress in the arts and sciences. O’Melinn is also working on The Birth of the Constitutional Ideal of Equality, an article about the development of American constitutional norms and The Degenerate Founding Father, the Origins of the American Revolution, and the Birth of the Ideal of Equality. This article explores a neglected facet of American constitutional history: how the tendency of the British to view American colonists as degenerate Englishmen turned into a constitutional controversy leading to the American Revolution. Finally, O’Melinn worked on an essay entitled Abstraction, Filtration, and Comparison: Some Lessons on Computer Software and Conventional Literature. This work investigates Hon. Jon Newman’s argument that copy-

Professor Bruce Frohnen worked on a law review article tentatively titled Rights and the Problem of the Nation-State. In this new work, Frohnen will argue that a central reason for the fragility of human rights in emerging democracies is the tension between the western liberal democratic emphasis on the nation-state and the abiding importance of more local and particularistic loyalties and customary rules in these countries. Professor Amanda Pecchioni worked on an article entitled Completing the Five Senses of Trademarks: Taste, which Pecchioni explores the evolution of trademarks.

This year, Bickford worked with Professor Michael Lewis researching the definition of torture–how the United States government defines it and how it is defined internationally. The first part of their research focused on term torture. This past year the definition of the term has become important and controversial with the interrogation techniques of the United States during the War on Terror, and the confirmation hearings of U.S. Attorney General Mukasey. The research not only included the situation in the United States, but also how other nations are handling prisoners of war all over the globe. Another part of the research pertained to the Geneva Conventions and a number of provisions that were not applied to prisoners of war, and may never be. This is all part of a one of kind research opportunity. Bickford worked with Lewis in planning this research and formulating the key questions. They divided up the issues and areas to be researched, and then Bickford brought the research together and discussed it with Lewis. After that process, Lewis wrote up the findings as a part of the overall work. In some cases, the summer scholar students actually become coauthors of the resulting work.

Veltri Appointed to Study Committee on Law of Payment Systems The Uniform Law Commission has appointed Professor Stephen Veltri to the Study Committee on the Law of Payment Systems. Professor Veltri will serve as an advisor and will represent the Business Section of the American Bar Association. The Committee, in consultation with the Federal Reserve Board, the American Law Institute and other groups, will study the law of payment systems in order to determine if a modern and unified payments code, which recognizes differences in payment types and harmonizes the disparities in the various payment systems, should be drafted.

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This summer, Kyle Bickford, L-1, from Cambridge, OH, was involved in a unique project given to one student every year at the Pettit College of Law. This is because Bickford “You can’t measure this was selected as this type of experience,” year’s Summer Scholar. Each spring, an outstanding first or second year law student is selected for the ONU Pettit College of Law Summer Scholar Award. This student spends the summer working in close collaboration with a member of the law faculty on a substantial research project. Students in the top quarter of the first and second year classes are invited to apply. The selected student is chosen for his/her research and writing skills from those that apply. One faculty member is chosen each summer to work with the Summer Scholar and is encouraged to undertake a new project or expand the scale of a current project.

To become the summer scholar, a student must meet an academic requirement to even apply, and then go through an interview process. But the reward is worth it, with a $300 stipend, an hourly wage and even a 3-credit class stipend. Still, if you ask Kyle Bickford, the best part is the experience. The ability to work at your own pace, with no time crunch, researching these topics, is great opportunity. “You can’t measure this type of experience,” Bickford says.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

KUDOS

Several Recognized at Honors Banquet The College of Law held its annual Honors Banquet on April 16, 2008. Academic honors were presented as well as awards for Law Review, Moot Court and Student Bar Association. Several faculty members were also recognized: ■ PROFESSOR LIAM O'MELINN was recognized with the Fowler V. Harper Faculty Scholarship Award. A faculty committee selected him based on contribution to legal scholarship during the current year.

■ Dean David C. Crago presents Michael Lewis with Teaching Excellence Award

■ PROFESSOR MICHAEL LEWIS was recognized with the Teaching Excellence Award. ■ Dean David C. Crago presents Liam O'Melinn with Fowler V. Harper Faculty The candidates for this award Scholarship Award are selected based upon student evaluations for overall teaching effectiveness for the prior two semesters and/or nominations from the faculty. ■ PROFESSOR SCOTT GERBER was selected as the Ella A. & Ernest H. Fisher Chair in Law. Appointment to the Fisher Chair in the College of Law is recognition of singular achievement as a legal educator. Because the selection is made by colleagues on the faculty based primarily on sustained excellence in legal scholarship and teaching, the appointment reflects the highest recognition the College of Law has to offer to a member of its faculty. ■ NANCY ARMSTRONG, director of the law library and professor of law, was recognized by the Student Bar Association with its Liberty Bell Award as public recognition for outstanding law community service.

■ SBA President Andrew Hopper presents Nancy Armstrong with Liberty Bell Award

■ DAVID FETROW, research librarian, was recognized by Law Review with its Dean Daniel S. Guy Award for Excellence in Legal Journalism. ■ TODD KOHLRIESER, JD ’02, was recognized by Moot Court with its Outstanding Team Advisor of the Year.

The Pettit College of Law Invites you to join us in the next

United States Supreme Court Admission Ceremony Monday, June 8, 2009

Alumni dinner Sunday evening, June 7, 2009 at the Hyatt on Capitol Hill in Washington, D.C. Hotel accommodations available at the Hyatt.

For further information, please contact the Office of Law Alumni & Career Services at 419-772-1980 or at lawalumni@onu.edu

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■ Moot Court Chief Justice Tara Santarelli presents Todd Kohlrieser with Outstanding Team Advisor Award

FACULTY & STAFF ACTIVITIES Judiciary: A Study in Early American Constitutional Development, 1606-1787.

Elena Helmer, Visiting Assistant Professor of Law

Armstrong

Clarke

Crago

Gerber

Nancy Armstrong, Director of the Law Library & Professor of Law Nancy Armstrong received the Liberty Bell Award from the ONU Law Student Bar Association. The Liberty Bell Award is presented annually by the Student Bar Association in conjunction with the American Bar Association as public recognition for outstanding law community service at the College of Law. In June, Armstrong attended a workshop sponsored by the American Association of Law Schools on the role of the law library director in the legal academy. An article that she wrote on this topic, The Search for a Law Library Director, 98 Law Library Journal 253 (2006), was included in a resource guide compiled for the workshop.

C. Antoinette Clarke, Professor of Law Toni Clarke gave a presentation in Cleveland for the American Civil Liberties Union on the topic of Free Speech Rights of Students in MySpace and Facebook.

David C. Crago, Dean & Professor of Law David Crago continued to serve as Chair of the Judicial Campaign Advertising Monitoring Committee for the Ohio State Bar Association and as a Fellow of the Ohio State Bar Foundation. He served as Program Chair for the annual Ohio Bench/Bar/Deans conference last spring. At the request of Chief Justice Moyer, he served as a panelist for the Ohio Judicial College in September focusing on the future of the judiciary in Ohio.

Howard N. Fenton III, Director of Democratic Goverence Rule of Law LLM Program & Professor of Law Howard Fenton continued his service on the NAFTA

Helmer

Lewis

Lobenhofer

Chapter 19 trade dispute panel regarding the Mexico – U.S. anti-dumping case on pork products. He and his second year law student assistant, Lindsay Preston, were in Mexico City in April for oral arguments and deliberations of the panel. During the summer Fenton spent four weeks in Kyiv, Ukraine working on a Millennium Challenge Corporation project with the High Administrative Court of Ukraine in developing training courses and materials for the newly created administrative court system. He made a presentation to a training session for appellate administrative court judges on the history of administrative justice and comparative systems around the world. Fenton will be writing two chapters for the new text book on administrative justice in Ukraine to be published in early 2009. In late spring, Fenton was asked to work with the Russian American Rule of Law Consortium, along with members of the federal and state judiciary, in a project advising the Russian Arbitrazh (Commercial) Court on its administrative law functions. He continued his work as vice-chair of the Ohio Administrative Law Specialization Board, as it prepared for the first specialization exam in administrative law to certify highly qualified practitioners in Ohio.

Elena Helmer published Corruption in International Commercial Arbitration: Fiona Trust & Holding Corp. v. Privalov, in the Fall 2007 issue of International Arbitration News. She also presented, along with Professor Fenton, on comparison of the U.S. and Ukrainian judicial systems to a group of Ukrainian judges at the Ohio Supreme Court last November.

Michael Lewis, Assistant Professor of Law Michael Lewis lectured on the United State’s; membership in the International Criminal Court at Boston University College of Law and on domestic surveillance and Federal Intelligence Surveillance Act (FISA) reform at Cleveland State University. He participated in a panel discussion of the upcoming Boumediene opinion with Joanne Brant and Prof. Geoffrey Corn from the University of South Texas. He attended an Oxford Roundtable, presented a paper on the definition of torture in the post-9/11 world and spoke at a dinner event at William & Mary School of Law on legal issues in the war on terror. Lewis participated in a debate with Dean Michael van Alstine of the University of Maryland School of Law at the University of Maryland on the limits of executive power during wartime. He also published an article entitled Geneva’s Application to Low Intensity Armed Conflicts in the ILSA Quarterly, a publication of the Inernational Law Students Association.

Louis Lobenhofer, Professor of Law Scott D. Gerber, Ella & Ernest Fisher Chair in Law & Professor of Law Scott Gerber has been named Ella & Ernest Fisher Chair in Law and Professor of Law at ONU, and he has been appointed to a two-year term on the Ohio Advisory Committee of the U.S. Commission on Civil Rights. He served in 2007-08 as a member of the Lifetime Achievement Award Committee for the Law and Courts Section of the American Political Science Association. He published a sixty-page article in the May 2008 issue of the Vanderbilt Law Review, as well as shorter articles in Historically Speaking and in a symposium issue of First Amendment Center Online that examined Justice Clarence Thomas’s First Amendment jurisprudence. He wrote a book review of Justice Thomas’s memoir for Findlaw.com and penned an op-ed about the memoir for the National Law Journal. He published, with Kevin Hawley, a humorous critique of Chief Justice Roberts’s call for federal judicial pay raises. He made research presentations at the annual meeting of the Midwest Political Science Association, and at the University of California at Berkeley School of Law, University of California Hastings College of Law, University of San Francisco School of Law, Golden Gate University School of Law, and the San Francisco Lawyers’ Division of the Federalist Society. He remains hard at work on a book tentatively entitled The Origins of an Independent

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Louis Lobenhofer gave a presentation to the Findlay Income Tax Seminar on Tax Consequences of Children and Childhood and completed his 29th year of coordinating the college’s Voluntary Income Tax Assistance (VITA) program. Lobehnofer participated in the Emory Law Center for Transactional Law and Practice’s inaugural conference, Teaching Drafting and Transactional Skills: The Basics and Beyond, which brought together transactional law professors and professionals from 92 law schools and several law firms and in The Master Teacher Program offered by Ohio Northern.

John H. Martin, Visiting Professor of Law John Martin spoke at The Marvin R. Pliskin Advanced Probate and Estate Planning Seminar last September in Columbus, Ohio, where he gave a presentation entitled Securing Tax Benefits from New Uses of General Powers of Appointment and Other Powers Granted and Retained. He also participated in the 48th Annual Probate and Estate Planning Institute in Traverse City, MI, in May and Plymouth, MI, in June where he spoke on Reconfiguring Trust and Estate Settlement. Martin also published an article this year entitled New Estate Planning Techniques. He was appointed cochair of the Legal Education Committee, American College of Trust and Estate Counsel, and continues to serve as Chair, Executive Committee (Board of

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

FACULTY & STAFF

Martin

Mittendorf

Pecchioni

Strieb

Directors) of The Institute of Continuing Legal Education, Ann Arbor, MI.

Allison Mittendorf, Instructor of Legal Research and Writing Allison Mittendorf served on the Mock Trial Committee for the Ohio Center for Law Related Education (OCLRE) which created and drafted the problem materials for the Ohio High School Mock Trial competition. The championship rounds were last March in Columbus.

Amanda E. Pecchioni, Visiting Assistant Professor of Law Amanda Pecchioni is currently the president of the Marion County Bar Association in Indiana. She is also currently working on an article entitled There’s No Common Taste in the World: Should Flavor Be Protected as a Non-traditional Trademark? and she spoke at the National Bar Association’s 2007 Annual Convention on Updates in Trademark Law.

Victor L. Streib, Professor of Law Victor Streib has worked on several publications this year. He was editor in chief of State of Criminal Justice 2007-2008, which was released last April. For this publication, he was the writer of the both the Executive Summary and the Juvenile Justice section. Streib published several articles this year including Life Without Parole for Children, The State of Criminal Justice: Two New Volumes Probe the Depth of Current Issues and Lawyer Advertising and Prosecutor Campaigning in the Guise of Media Publicity. He also presented several papers including Precocious Killers: Adult Justice for Homicidal Preteens, Ethics, Politics and Publicity in High Profile Criminal Cases, and Arguments For and Against the Death Penalty.

Lisa Sonia Taylor, Director of Development Lisa Sonia Taylor took over as the Director of Development for the College of Law in November 2007, after four years as the Associate Director of Law Admissions. In September and October 2007, Taylor served on the Minority Information Panel at the Law School Admissions Council’s Atlanta and Texas Forums. She also served as a panelist for the MidAtlantic Pre-Law Conference in Washington, D.C. and at the Philadelphia Law School Fair in October 2007. In November 2007, Taylor attended the District V 33rd Annual CASE Conference in Chicago, IL, where she was awarded a CASE V Advancing Diversity Program Scholarship. She also attended the CASE Fundraising for Graduate and Professional School Conference in Charleston, SC, in January 2008.

Taylor

Torres Jr.

Traster

Maximilian B. Torres Jr., Assistant Professor of Law

demonstrated their dedication to the highest ideals of the legal profession and the welfare of their community. Outstanding individuals from around the state are invited each year to become part of this select group. Each year's Fellows Class meets several times during its members' first 12-14 months in the Foundation, to learn more about the Foundation and its mission of promoting public understanding of the law and improvements in the justice system throughout Ohio. New members also collaborate on a Fellows Class project that furthers the Foundation's mission.

Maximilian Torres delivered a presentation at the 15th International Symposium on Ethics, Business and Society entitled From Delphi to Delaware: Speak, Oracle, of Human Nature. The conference was held at IESE Business School in Barcelona, Spain. At the same conference, he also moderated a panel session entitled Humanistic Advances in Managing Organizations which featured addresses by Heidi Von Weltzien Hovik, professor of business ethics and leadership at the Norwegian School of Management, Norway, and Carrie R. Leana, George H. Love Professor of Organizations and Management at the University of Pittsburgh.

Last fall, Ward presented the ethics and professionalism portions of the Phi Alpha Delta Continuing Legal Education program at Ohio Northern University. As a part of the West Ohio Conference Legal Forum, he presented on Copyright and Churches. He also received an appreciation of leadership award from the West Ohio Conference of the United Methodist Church for legal services provided by the ONU Corporate Transactional Clinic. Ward also participated in a panel discussion on racial disparity and criminal sentencing sponsored by Black Law Students Association.

Vernon L. Traster, Professor of Law

Mindi Wells, Assistant Dean for Administration & Student Services

Vernon L. Traster delivered a lecture, Bad Faith and Other Misconduct by Uninsured and Underinsured Motorist Insurers, during the 2008 Annual Convention of the Ohio Association for Justice (OAJ) (formerly The Ohio Academy of Trial Lawyers). Traster also lectured at the OAJ seminar concerning the recent Arbino decision by the Ohio Supreme Court which rejected “facial” challenges concerning constitutionality of SB 80, the most recent tort reform legislation. Traster’s lecture materials were published as part of the convention/seminar handbooks at both OAJ events. He also attended several seminars, including the Advanced Uninsured/Underinsured Motorist Law (NBI/National Business Institute, Denver, CO), California Bad Faith Litigation Conference (Mealey’s/Lexis Nexis, San Francisco, CA), and Bad Faith Insurance Claims in Ohio (NBI, Toledo, OH).

Stephen C. Veltri, Associate Dean for Academic Affairs & Professor of Law

Mindi Wells was sworn in for her third term as an outof-state representative to the Florida Bar Association Young Lawyers Division Board of Governors, where she chairs their transition to practice committee. She also serves on the Executive Council of the Out of State Division. Wells serves on the board of the Lima Society of Human Resources Management and is their webmaster. Over the summer, she participated in a cultural study program at the University of the West Indies – Mona Campus in Kingston, Jamaica, as part of a program on counseling the culturally diverse. Wells also attended the annual conference of the National Association of College and University Attorneys in New York City. She was a presenter and guest lecturer on workplace law and employee benefits at Bowling Green State University and Ohio Northern University. Wells conducted extensive research on early women graduates of the Ohio Northern law school and is assisting the Ohio Women’s Bar Association with their research on the first 100 women lawyers in Ohio.

Stephen Veltri was named associate dean effective fall, 2008. He published Payments: 2007 Developments and Payments: 2006 Developments with Greg Cavanagh, gave a presentation on Equality and Local Government Taxes for the Black Law Students Association, and participated in a debate on church autonomy with Joanne Brant. Veltri was also recently named to the Study Committee on the Law of Payment Systems by the Uniform Law Commission.

Bryan H. Ward, Director of Clinical Programs & Professor of Law Bryan Ward was inducted as a fellow of the Ohio State Bar Foundation for the 2008 class. The Ohio State Bar Foundation is a 501(c)3 public charity and a membership organization of attorneys and judges, dedicated to the mission of promoting public understanding of the law and improvements in the justice system throughout Ohio. Membership in the Foundation is an honor extended only to lawyers whose careers have

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Veltri

Ward

Wells

NEW FACULTY University of Rwanda and received a master of arts from the University of Notre Dame and a doctor of laws from the Institute of International Law and International Relations at the Karl-Franzens Universitat-Graz in Austria.

Bruce P. Frohnen

B Kamatali

Frohnen

Christian

Jean-Marie Kamatali

ean-Marie Kamatali joined the faculty as visiting assistant professor of law and assistant director of the LLM program on July 1, 2008. In his role, Kamatali is teaching courses related to the LLM in Democratic Governance and the Rule of Law and assisting the director in administering the program. Kamatali joins ONU from the University of Notre Dame College of Law, where he served as a senior post-doctoral research associate and adjunct professor, and Indiana University South Bend, where he was also an adjunct professor. Previously, Kamatali was dean of the law school at the National University of Rwanda and contributed to the post-genocide legal and institutional rebuilding in Rwanda. Further, he has served as a visiting professor in different universities throughout Africa, Europe and North America, including ONU. Kamatali is a consultant for USAID project in Burundi and has participated in the 41st and 42nd Sessions of the African Commission on Human and Peoplesâ&#x20AC;&#x2122; Rights held respectively in Accra, Ghana, and Brazzaville, Congo. He has been published in various outlets across different languages and is actively involved in both U.S. and Rwandan human rights and legal organizations, including serving as a consultant to the United Nations Childrenâ&#x20AC;&#x2122;s Fund (UNICEF) and the Food and Agricultural Organization of the United Nations (FAO), among others. He earned his bachelier en droit and his licence en droit from the National

ruce P. Frohnen joined the faculty of Ohio Northern as visiting associate professor of law in 2008. Frohnen has served as a Visiting Scholar with the Johns Hopkins School of Advanced International Studies, a Legislative Aide to United States Senator Spencer Abraham, and a Senior Fellow at Liberty Fund, Inc. His co-edited volume American Conservatism: An Encyclopedia was the subject of a front page article in the New York Times. An author, editor or co-editor of ten books, his articles have appeared in journals including the George Washington Law Review, Harvard Journal of Law & Public Policy, and the American Journal of Jurisprudence. His research interests focus on the nature and development of human rights and their connections with differing views of the nature of human community and the person. Prior to coming to ONU he taught at Emory University, the Catholic University of America, and Ave Maria School of Law. He holds a JD from the Emory University School of Law and a Ph.D. in Government from Cornell University.

Elizabeth D. Christian

lizabeth Christian joined the Taggart Law Library as Reference Librarian in 2007. Before coming to ONU, she worked in the University of Maryland library system and has special expertise in library copyright and licensing issues. She has also worked at Franklin Pierce Law Center in Concord, New Hampshire, where she managed both the Innovation Public Services Clinic and the New Hampshire Inventors Assistance Program. Christian has spoken about intellectual property issues at various regional and national conferences, and was employed as a copyright, trademark, and licensing attorney in Georgia and South Carolina. She earned the Master of Library Science from the University of Maryland. She is a Phi Beta Kappa graduate of the University of Georgia, where she also earned her law degree.

Over 50% of our full-time faculty hold a Ph.D. or LLM degree in addition to their J.D. Writ FALL 2008 |

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

Feat ure

Software and Shovels:

How the Intellectual Property Revolution is Undermining Traditional Concepts of Property

(The full version of the excerpt that follows was originally published in the University of Cincinnati Law Review in 2007. Graphics did not appear in original article.) By Liam O'Melinn

n May 29, 2003, the BBspot.com news service reported that Sony had unveiled a DVD player designed to set fire to any illegally copied DVDs inserted into it.1 The DVD player would also destroy itself, possibly starting a fire that could send a home up in flames as well.2 When asked whether this antipiracy measure was too dangerous, a Sony vice president pointed out that most homes are filled with “pirated material” that would also be destroyed.3 He insisted that although some houses might burn down, this was a fair price to pay in the war against piracy.4 The intellectual property revolution is a dangerous and deceptive phenomenon. The extension of the rights of intellectual property represents an attack on the very idea of property. The extension of the rights that holders of patents, copyrights, and trademarks seek is fundamentally inconsistent with conventional property rights. This may seem counterintuitive, given the common belief that respect for conventional property and for intellectual property go hand in hand. The phrase “intellectual property” is itself an important indicator of this trend, for it is a propagandistic phrase that has the effect of frightening people into an unthinking compliance with the terms imposed on them by intellectual property holders. The phrase intellectual property carries a gravity that makes people think that any

The intellectual property revolution is a dangerous and deceptive phenomenon.

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We are in the midst of a revolution in our understanding of property rights in which the rights of the holders of patents, copyrights, and trademarks are being steadily extended.

demand on behalf of intellectual property is reasonable and required under the law, and that any refusal to comply is tantamount to disrespect for property itself. Copyright and patent law are dedicated to bringing creative works and inventions to the public. That is their justification under the Constitution. The holders of copyrights and patents are using the language of property to attempt a subtle but decisive shift in the purpose of intellectual property law in the direction of purely private entitlement and away from any public benefit. The assertion of their property rights diverts attention from the purpose of the laws that grant them those rights, which is distribution. The property argument is really just a political argument that derogates from the law, while purporting to justify the content providers in their attempt to choke distribution. The satirical BBspot story identifies a very real truth in the recording and movie industries’ continuing copyright revolution. The worst enemy of

the “content providers” is not the pirate but the homeowner. We are in the midst of a revolution in our understanding of property rights in which the rights of the holders of patents, copyrights, and trademarks are being steadily extended.5 As a consequence, more traditional property rights are being eroded. That is the real lesson behind cases such as the U.S. Supreme Court decision in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.,6 the Seventh Circuit decision in BMG Music v. Gonzalez,7 and Davidson & Associates v. Jung, a little-known but very important Eighth Circuit case.8 One of the most peculiar features of this revolution is that its proponents have developed a reputation as the defenders of the rights of property. The Ninth Circuit opinion in A&M Records, Inc. v. Napster, Inc.9 bred an image in the public mind of the teenage “pirate” whose unauthorized downloading of copyrighted music signaled contempt for the rights of property in general. And this image stuck. According to the view that emerged from Napster, the copyright holders are the protectors of property; they seek to support the rights traditionally protected by the laws of intellectual property. Opposing them stand the enemies of property, the revolutionaries who desire to destroy the protection afforded to the holders of intellectual property. Indeed, the principal effect of the Supreme Court decision in Metro-GoldwynMayer Studios Inc. v. Grokster, Ltd. is to endorse the conventional view by focusing on the character of the defendant to the exclusion of the question of whether innocent users may be barred even from legitimate uses of technology. The conventional view is incorrect. The proponents of extending intellectual property rights are undermining rather than supporting traditional property rights. Their agenda amounts to a general assault on real and personal property. Also, the intellectual property revolution threatens to confer upon the rights-holders awesome economic and legal powers that would quietly achieve a vast social transformation. They have divided the world into “producers” and “consumers,” and their goal is to turn these consumers into a permanent class of renters. Whether these consumers wish to buy software or songs, if the revolution succeeds they will be able only to lease on terms dictated by the producers.

Writ FALL 2008 |

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW

Feat ure

The revolution is being prosecuted through a variety of means: Product design, statute, contract, and education are all being called into the service of this campaign. And the goal is clear: Transform intellectual property into the equivalent of real property and effect a corresponding legal revolution to protect this radically new form of property. In order to achieve their goals, the revolutionaries have resurrected an age-old debate in which the proponents of extensive protection have attempted to realize a property right justified by a “Lockean” labor theory.10 To realize this Lockean right, the revolutionaries have attempted to impose severe restrictions on the ways customers may use the products they purchase. One example is digital rights management (DRM), and as Professor Randal Picker of the University of Chicago Law School writes, the purpose of DRM is to turn copyright into real property.11 Copyright holders increasingly contend that these restrictions are beneficial both to the producer and the purchaser, and some scholars, such as Picker and Glen Robinson, maintain that use limitations should be upheld on public policy grounds.12

And the goal is clear: Transform intellectual property into the equivalent of real property and effect a corresponding legal revolution to protect this radically new form of property.

1. Brian Briggs & Christa Morse, Sony Unveils New Self-Destructive DVD Player (May 29, 2003), http://www.bbspot.com/News/2003/05/self_dest ruct.html. BBSpot.com is a satirical website creating entertainment “for the geekier side of the world.” http://www.bbspot.com/Legal/about.html. 2. Id. 3. Id. 4. Id. 5. For an examination of an earlier stage in the revolution, with a focus on the conflict between proprietary software rights and First Amendment rights, see Liam Séamus O’Melinn, The New Software Jurisprudence and the Faltering First Amendment, 6 Vand. J. Ent. L. & Prac. 310 (2004). 6. 545 U.S. 913 (2005). 7. 430 F.3d 888 (7th Cir. 2005). 8. 422 F.3d 630 (8th Cir. 2005).

Although the law has on several important occasions treated these restrictions as both reasonable and contractual, they are not. Imagine buying a shovel with a blade wrapped in plastic, bringing it home, and discovering that inside the wrapper was a licensing agreement permitting the buyer to dig no more than four holes with the shovel, and only in the buyer’s yard. It would be a breach of the licensing agreement to dig five holes or to dig even one hole in the yard of a neighbor. Would you consider yourself bound by the agreement? Of course not. Yet many argue that analogous restrictions on the use of software in its many forms, imposed by means of a similar licensing agreement that is no more the result of bargaining than the “agreement” accompanying the shovel, should be binding.13 I contend that the difference is principally one of perception occasioned by the contrast between the seeming simplicity of the shovel and the seeming complexity of the software. The rights attached to the purchase of the shovel are clear; those attached to software are mysterious. There are real advantages to mystery, as is evident in the increasing deference that the law shows to intellectual property holders—a deference that would never be shown to shovel makers. Many people are inclined to think that they do not understand computer programs and that they do understand shovels. The comparison might be thought fanciful, but it points out that, in the guise of protecting property, the public is actually being asked to endorse a striking transformation in the way that it conceives of property.

Biographical Note: Professor O’Melinn teaches Contracts and Intellectual Property, and does research in the fields of Intellectual Property, Corporations, Constitutional Law, and Legal History. He holds a J.D. from Columbia Law School and a Ph.D. in History from Yale University.

OHIO NORTHERN UNIVERSITY COLLEGE OF LAW |

Writ FALL 2008

9. 239 F.3d 1004 (9th Cir. 2001). 10. “Lockean” is used here with a certain skepticism, describing as it does a natural-rights justification for intellectual property that Locke himself does not seem to have shared. As used in the present, the word signifies a belief that a person earns a private-property entitlement on the basis of the investment of labor. The Lockean explanation of intellectual property represents a dubious attempt to justify a modern theory on the basis of an antique authority, thus removing Locke from his historical context and making him speak for things that he probably did not believe. Nonetheless, the designation is a common one that is not going to disappear soon, and its insistent appearance as a justification for patent and copyright indicates its strength as a rhetorical device. 11. Randal C. Picker, From Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and the Propertization of Copyright, 70 U. Chi. L. Rev. 281, 283 (2002). 12. See id.; Glen O. Robinson, Personal Property Servitudes, 71 U. Chi. L. Rev. 1449 (2004). Robinson admits to being ambivalent about the extent to which servitudes on personal property should be enforceable, see id. at 1521, but the overall tendency of his argument is that the law should remain open to the idea that they should be enforceable. 13. I assert this confidently based on responses given by my students to the shovel analogy.