T H E M A G A Z I N E O F S A N TA C L A R A U N I V E R S I T Y S C H O O L O F L AW | FA L L 2 0 1 8 | V O L 2 5 N O 1
magazine
A MOMENT OF MOMENTUM Santa Clara Law Begins a New Era in Charney Hall Page 14
F RO M T HE D E A N magazine
SKIP HORNE Senior Assistant Dean, External Relations ELIZABETH KELLEY GILLOGLY B.A. ’93 Editor LARRY SOKOLOFF J.D. ’92 Assistant Editor MICHELLE WATERS Web Designer ALICIA K. GONZALES B.A. ’09 Copy Editor AMY KREMER GOMERSALL B.A. ’88 Art in Motion Art Director, Designer KAREN BERNOSKY B.S. ’81 KENDRA LIVINGSTON J.D. ’15 ELLEN LYNCH JENNIFER MACHADO MARJORIE SHORT Law Alumni Relations & Development Santa Clara University School of Law, one of the nation’s most diverse law schools, is dedicated to educating lawyers who lead with a commitment to excellence, ethics, and social justice. Santa Clara Law offers students an academically rigorous program that includes certificates in high tech law, international law, public interest and social justice law, and privacy law, as well as numerous graduate and joint degree options. Located in the heart of Silicon Valley, Santa Clara Law is nationally distinguished for its faculty engagement, preparation for practice, and top-ranked programs in intellectual property. For more information, see law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; email lawalumni@scu.edu or visit law.scu.edu/alumni. Or write Law Alumni Relations & Development, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law magazine do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2018 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.
To view the digital edition of the magazine, visit law.scu.edu/sclaw. Santa Clara Law is printed on paper and at a printing facility certified by Rainforest Alliance to Forest Stewardship Council® (FSC®) standards. From forest management to paper production to printing, FSC certification represents the highest social and environmental standards. The paper contains 10 percent postconsumer recovered fiber. AIM 11/18 11,400
Thanks to everyone in our Santa Clara Law family, we are experiencing a special moment of momentum. On October 12, we held our official Dedication Ceremony and Ribbon-Cutting for the Howard S. and Alida S. Charney Hall of Law, our spectacular new home at the entrance to the Santa Clara University campus. It was a magical day filled with remarks, remembrances, and blessings—one we will not soon forget. The Dedication Ceremony (see page 14) was one of many celebratory events designed to showcase our new building, promote the enormous talents of our students, faculty and staff, and share a bit of our momentum with our SCU colleagues, alumni, donors, friends, and the Silicon Valley legal and business communities. On October 11, together with our supporters at Wilson Sonsini Goodrich & Rosati, we co-sponsored a symposium entitled “Disrupting the Law: The Future of the Legal Profession, Education, and Technology in Silicon Valley” for thought leaders, practitioners, and academics. That same evening, we transformed the Mabie Grand Atrium into an elegant dining hall to thank our many generous Charney Hall donors with a reception and dinner. The very next day we welcomed our alumni back to campus as part of the University’s Grand Reunion Weekend with a party throughout the building, including outside on the Panetta Plaza. As I told the SCU Board of Trustees at their recent Fall meeting, while Charney Hall is a critical step in our rise to national prominence, what truly matters is what we do in Charney Hall to prepare leaders for the future of Silicon Valley and the globe. I am proud that the new building has spurred the faculty to launch some innovative programs, including a required Critical Lawyering Skills class for first-year students in response to employer needs (see page 8). Our Privacy Law certificate—believed to be the first in the nation— has created buzz among employers and our Privacy graduates are highly sought-after in the job market. Thanks to some generous supporters, we have started an Artificial Intelligence initiative, launched new Conflict Resolution programming, and increased Immigration Law and Social Justice opportunities for students, in conjunction with the Jesuit network and with the Foundation for Hispanic Education in East San Jose. While our incoming credentials improved across the board this year, our Tech Edge J.D. program has proven to be a success in its first year, with a higher yield and students possessing significantly stronger LSAT scores and undergraduate GPAs. And in the Spring we will offer an Online Master of Legal Studies in Corporate Compliance at the intersection of law, business, and ethics (see page 5). Speaking of online, you are holding in your hands the last print edition of Santa Clara Law Magazine. Starting in January, we are following the University’s lead by adopting a “digital first” strategy, including the launch of new online content. You will still have the same Law Briefs, alumni profiles, faculty highlights, event calendars, and everyone’s favorite, Class Notes, only now stories about the Law School will be updated on a daily basis and accessible to our readership 24 hours a day via our website and through social media. With gratitude,
A Lisa Kloppenberg Dean & Professor of Law Santa Clara Law
CONTENTS FA L L 2018 | VO L 25 N O 1
F EAT U RES
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Critical Lawyering Skills BY ELIZABETH KELLEY GILLOGLY B.A. ’93
Among the first of its kind in the nation, this new seminar teaches key critical skills for attorney success, including effective communication, active listening, creative problem solving, handling mistakes, team work, and self-development.
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Expanding Uncommon Law BY ELIZABETH KELLEY GILLOGLY B.A. ’93
As one of 20 inaugural Obama Fellows, Keith Wattley J.D. ’99, founder of UnCommon Law, is learning how to bring his successful model to even more people.
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A Moment of Momentum: Dedicating Charney Hall BY ELIZABETH KELLEY GILLOGLY B.A. ’93
Santa Clara Law welcomed many special guests to help celebrate the start of a new era in a new building. Top: More than 500 students, faculty, staff, community members, and special guests gathered in the Mabie Grand Atrium on October 12 to cut a ceremonial ribbon and officially dedicate the Howard S. and Alida S. Charney Hall of Law. Above: Three members of the Solomon Cordwell Buenz architectural team that designed the building—Scott Odom, Chris Bennet, and Jesse Phillips— jump for joy in front of Charney Hall on Oct 12. Photos by Keith Sutter. Cover photo by Keith Sutter.
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2018 Commencement BY DEBORAH LOHSE
Taking risks “is what my life has been about,” said Howard S. Charney MBA ’73, J.D. ’77, who spoke to graduates at the 2018 Law Commencement. D EPART M ENT S
READ THIS MAGAZINE ONLINE Visit us online for additional content, including the very latest news about our faculty, students, and alumni. Our magazine website also makes it easy to share articles from this issue (or previous issues) with friends and colleagues. law.scu.edu/sclaw
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LAW BRIEFS CLASS ACTION ALUMNI EVENTS CLOSING ARGUMENTS
LAW B RI E F S
ADAM H AY S
Exploring the Future of the Legal Profession
In October, Santa Clara Law and Wilson Sonsini Goodrich & Rosati hosted a symposium: “Disrupting the Law: The Future of the Legal Profession, Education, and Technology in Silicon Valley.” More than 100 leaders, practitioners, and academics gathered in Charney Hall to discuss the market forces that are changing the law school experience—from pipeline programs to legal degree programs to post-graduation opportunities. At the event, Larry W. Sonsini (above), senior and founding partner, Wilson Sonsini Goodrich & Rosati, gave a talk on the future of the legal profession. Other speakers included Kellye Y. Testy, president and CEO, Law School Admission Council; Colleen V. Chien and Eric Goldman, professors, Santa Clara Law; Dorian E. Daley J.D. ’86, EVP, general counsel and secretary, Oracle Corporation; Marie Oh Huber, SVP legal affairs, general counsel & secretary, eBay Inc.; Bart Volkmer J.D. ’02, general counsel, Dropbox; and Nicole A. Shanahan J.D. ’14, founder and CEO, ClearAccessIP.
New Side Bar Café Refuels Students for Study
K EIT H S UTT E R
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usy law students can now grab coffee or a snack to fuel their studies in Charney Hall, thanks to the Side Bar Café, which opened in August. Sponsored by Larry Sonsini, the cafe’s offerings include coffee drinks, sandwiches, snacks, and juices. “I like Side Bar Café mainly because it’s a huge reminder to me that I need to eat when I pass by it before class or on my way to study,” says law student Jessica Miers. “Law school is such an incredible time sink where you bury your head in your books and look up and suddenly it’s midnight. It also destroys the excuse of ‘oh well I don’t have time to go get food’ because it’s literally downstairs.”
A D A M H AY S
Many Santa Clara Law students attended the Leadership in the Legal Profession symposium, including the student board members of the Santa Clara Law chapter of ChIPs (Chiefs In IP), a 501(c)(3) corporation dedicated to advancing women at the confluence of technology, law, and policy. From left: Karin Hjorth, Allison White, Sonya Aggarwal, Lauryn Younge, and Gloria Liang, pictured here with Dorian E. Daley J.D. ’86 (fourth from left), EVP, general counsel and secretary, Oracle Corporation, who was a panelist during the event.
SCU Hosts Symposium on Leadership in the Legal Profession
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n March 23, the Santa Clara Law Review and the Association of American Law Schools collaborated to host “Advancing Leadership in the Legal Profession,” a conference exploring leadership education training. One of the first events held in Charney Hall, the conference featured presentations by the President of the American Bar Association as well as leadership experts from around the U.S., including Deborah Rhode, the Ernest W. McFarland Professor of Law, director of the Center on the Legal Profession, and director of the Program in Law and Social Entrepreneurship at Stanford University; Hilarie Bass, ABA immediate past president, president of Greenberg Traurig, and a prolific trial attorney; and Barry Posner, co-author of the bestselling book, The Leadership Challenge, and the Accolti Endowed Professor of Leadership at
the Leavey School of Business, SCU. More than 100 lawyers, judges, and law students attended the conference. Conference organizers included Donald Polden, Santa Clara Law professor and dean emeritus, Natalie Parpos, editor-in-chief of the Santa Clara Law Review, and Janelle Fernandes, symposium editor of the Santa Clara Law Review. “The symposium attracted the top legal educators and lawyerleaders in the country to discuss the challenges facing the legal profession and legal education, and we heard some meaningful solutions to those problems,” said Polden. “Lawyers, judges, and educators will benefit immeasurably from the articles published by our Law Review.” For links to talks, visit law.scu.edu/ leadership/advancing-leadership-in-the-legal-profession/.
14th Annual Kasner Symposium Draws More Than 650 Attendees
AD A M HAY S
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ore than 650 attorneys, accountants, and other estate planning professionals participated in the 14th annual Kasner Symposium, held October 4-5 at the Santa Clara Convention Center. Considered one of the premier estate planning conferences and networking events in the nation, this symposium provides an opportunity for those with careers in estate planning to come together to share developments and innovative solutions to challenges in the field. Charles H. Packer J.D./MBA ’80 serves as chair of the event, and speakers included alumni Patrick A. Kohlmann J.D. ’00, Partner, Temmerman, Cilley & Kohlmann, LLP; and Judy Y. Lee J.D./MBA ’89, Partner, Goodsill Anderson Quinn & Stifel; as well as Professor Samuel A. Donaldson, Georgia State University College of Law; Paul S. Lee, Global Fiduciary Strategist, Northern Trust Company; and Vivian L. Thoreen, Partner, Holland & Knight LLP. For more information, visit Kasner.org.
Santa Clara Law Professor Pat Cain (at podium) served as moderator for a Q&A session with, from left, Samuel Donaldson, professor of law, Georgia State University; Akane Suzuki, principal in the Seattle office of Garvey Schubert Barer; Darin Donovan, shareholder in Hopkins & Carley’s family wealth and tax planning group in the Palo Alto office; and Annette Nellen, professor of law and director of San Jose State University’s graduate tax program. FALL 2018 | SANTA CLARA LAW
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LAW BRIEFS
Alumna Honored as One of the Top IP Law Students in the Nation
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n October, Santa Clara University School of Law graduate Monica De Lazzari B.A. ’15, J.D. ’18 was named the winner of the annual Past Presidents Award, honoring her as one of the top intellectual property law students in the nation. The national award is given by the American Intellectual Property Law Education Foundation (AIPLEF) of the American Intellectual Property Law Association (AIPLA) to students who have most excelled in the study of IP law. There are two prestigious awards— the Jan Jancin Award, given to the top student in the nation, and the Past Presidents Award, which is the second
—DEAN LISA KLOPPENBERG
place award in the same category. Santa Clara Law graduates have been honored numerous times by AIPLA since it began giving these awards in 1998. Three Santa Clara Law alumnae have won the Jan Jancin Award: Azadeh Morrison J.D. ’16, Sarah Mirza J.D. ’15, and Linda Wuestehube Kahl J.D. ’10. Nancy Cheng J.D. ’11 won the Past President’s Award. “How proud we are of this double Bronco, who is an incredibly kind person and was a leader in several student organizations while at Santa Clara Law,” said Santa Clara Law Dean Lisa Kloppenberg. “It is a powerful testament to the strength of our IP program that so many of our graduates have been honored with these prestigious 4 SANTA CLARA LAW | FALL 2018
C O U RT ES Y O F M O N I C A L A ZZA R I
“How proud we are of this double Bronco...It is a powerful testament to the strength of our IP program that so many of our graduates have been honored with these prestigious awards in intellectual property law.” In October, Lazarri joined the Palo Alto office of Arnold & Porter in the IP practice group.
awards in intellectual property law. I am so grateful to the faculty, staff, alumni, and donors who have worked diligently to make our IP program a robust training ground that continues to be among the best in the nation.” As a law student, Lazarri was also the recipient of the Emery Merit Scholarship, a scholarship awarded in consideration of a student’s academic success. She was the western regional winner in the Giles S. Rich Patent Law Moot Court Competition, and also was an Academic Support Program fellow. Lazarri holds a bachelor’s degree in bioengineering and biomedical engineering with a minor in art history from SCU, where she was in the University Honors program, on the
Dean’s List, and was a member of several honor societies. “I chose to attend Santa Clara Law because of the positive experience I had during undergrad at SCU,” says Lazarri. “The Law School also has a fantastic high tech law program, and I knew I wanted to pursue a career in IP when I applied to Law School.” She says she was surprised at how approachable the professors were. “I was so intimidated at first—so many of my professors had accomplished amazing feats and were well regarded in their respective fields! They were always willing to provide advice and guidance which was always appreciated.” In October, Lazarri joined the Palo Alto office of Arnold & Porter in the IP practice group.
Santa Clara Law Launches New Online MLS in Corporate Compliance
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anta Clara Law is taking applications now for the online masters of legal studies in corporate compliance, a new program focused on developing deeper knowledge and understanding of compliance programs, regulations, ethics, privacy, enterprise risk management, and industry best practices. The first students will begin coursework this spring, and the online degree takes a minimum of 12 months to complete. “We are so excited to launch this new program taught by compliance leaders,” said Sandee Magliozzi, associate dean for experiential learning and clinical professor of law. “It allows us to
“We welcome any alumni with expertise in corporate compliance to consider participating in the program as guest lecturers.” —VICKI HUEBNER, DIRECTOR OF ONLINE LEGAL PROGRAMS, SANTA CLARA LAW
respond to an identified industry need in the compliance arena by building a program with practical coursework that combines competency-based skills education with business ethics.” To create the program, Magliozzi and her team solicited input from some of the top C-level compliance officers, business leaders, and legal professionals in Silicon Valley—the same individuals who also contribute to the program lecture series. Their functional insight will help students build on their existing knowledge of complex rules and regulations to better navigate emerging issues like cybersecurity, harassment, and privacy. “We are grateful for the leading Silicon Valley compliance experts who provided support and feedback
on the programs’ design,” said Vicki Huebner, director of online legal programs. “We welcome any alumni with expertise in corporate compliance to consider participating in the program as guest lecturers.”
A FEW LEADING ALUMNI IN COMPLIANCE Richard May J.D./MBA ’15 is the senior program manager, ethics and compliance, at Workday. He is an experienced compliance counsel for technology companies. In his work he focuses on operationalizing legal and regulatory requirements and creating effective corporate compliance programs. He has experience leading large, crossfunctional efforts to improve business agility and enable organizational success. In 2012, he joined Juniper Networks while in law school and served as a legal intern for one year. He returned to Juniper in 2014 as ethics and compliance program manager, and in 2016 he was promoted to ethics and compliance associate manager, legal counsel. Since 2018, he served as ethics and compliance manager and corporate counsel at Juniper, and he left in late 2018 to join Workday. May earned his J.D. and MBA degrees from Santa Clara University, and a bachelor’s degree in human resource management from the University of Hawaii. Elizabeth (Hsieh) Lee J.D. ’05 is the global privacy director at McKesson, one of the nation’s largest healthcare services and pharmaceutical distribution companies. Lee is responsible for formulating privacy goals and delivering data protection mechanisms to manage the personal data of the McKesson workforce as well as healthcare consumers. Previously, Lee spent three years as corporate compliance and privacy
manager at Kaiser Permanente in Santa Clara, one of the largest not-for-profit health plans. At Kaiser, she managed patient member concerns, privacy investigations, conflicts of interest, compliance audits, and remediation work plans for a medical center with a large acute care hospital and six medical satellite clinics. She has also spent a year as compliance training manager at Apple, where she launched a global compliance training program. Lee earned her bachelor’s degree in economics from Rice University and her J.D. from Santa Clara Law. She also serves as a board member of the San Francisco Chinatown YMCA. Jack Yellin J.D. ’81 is associate general counsel and chief compliance officer for The Walt Disney Company and affiliated companies, a position that he has occupied since 2011. He began his career at Disney in 1990 as senior counsel in the Litigation Group. He progressed to senior vice president before assuming his current role as chief compliance officer for the company. Since 1994 he has headed what is today the company’s Global Ethics and Compliance Management group. That group sets the business standards for the company and is responsible, among other things, for anti-corruption and trade control compliance company-wide. Prior to joining Disney, Yellin was an attorney at the international law firm of Simpson Thacher and Bartlett, where he engaged in the general practice of law, including representing the Walt Disney Company as outside counsel. Yellin earned his bachelor’s degree from Brooklyn College, his law degree from Santa Clara Law, and a Master of Laws from the University of California at Berkeley. For more information or to apply or volunteer, visit compliance.law.scu.edu.
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LAW BRIEFS
New Managing Director of the High Tech Law Institute
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xperienced marketing professional and lawyer Nikki Pope J.D. ’04 has been chosen as the new Managing Director of the High Tech Law Institute (HTLI) at Santa Clara University School of Law. The HTLI serves as the hub for numerous high tech law specialties at Santa Clara Law, including intellectual property, biotech, and privacy. Founded in 1998, Santa Clara Law’s intellectual property law program is currently ranked as the fourth best in the country by U.S. News & World Report. Pope practiced law for many years as an associate at Cooley and participated in the Honors Program in the Antitrust Division of the US Department of Justice. Before earning her J.D., she held positions in sales, marketing, and advertising with a number of corporations, including Corning, J. Walter Thompson, Ketchum Advertising, American Express, and Comcast. “Nikki Pope brings a strong knowledge of high tech law and a keen marketing focus to the role of HTLI managing director,” said Lisa Kloppenberg, dean of Santa Clara University School of Law. “Working closely with our nationally recognized faculty, she plans to engage with Silicon Valley law firms and corpo-
rations and continue to position the Law School as a leader in legal education and faculty research.” “I’m delighted to be back at Santa Clara and excited to be leading the High Tech Law Institute, where law and innovation converge in Silicon Valley,” said Pope. “For a law ‘blerd’ like me, there’s no better place to be.” Pope graduated from Santa Clara Law with honors as a member of the
“Working closely with our nationally recognized faculty, she plans to engage with Silicon Valley law firms and corporations and continue to position the Law School as a leader in legal education and faculty research.” —DEAN LISA KLOPPENBERG
Order of the Coif and serving as the senior comments editor of the High Tech Law Journal. She earned a B.A. from Carleton College and an MBA from the Kellogg School of Management at Northwestern University.
Nikki Pope J.D. ’04
She was previously a Teaching Scholar at the Law School from 201012 and stepped in as Interim Executive Director of the Northern California Innocence Project in 2012. Pope has served for many years on the Law School Board of Visitors and the advisory boards for both NCIP and the Center for Social Justice and Public Service. Tom Lavelle J.D. ’76, who was the managing director from 2016-18, continues to share his expertise with the law school through his work teaching in the Entreprenuers’ Law Clinic.
New Director of External Relations
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COURT E SY OF K END R A LIV INGS TO N
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n August, Kendra Livingston J.D. ’15 joined Santa Clara Law as the director of external relations. “It is wonderful to have Kendra as part of our team,” said Skip Horne, senior assistant dean for external relations, “especially as an alumna of the Law School. I am so grateful for the knowledge, experience, and enthusiasm she brings to the role.” Kendra says she is thrilled to be back at Santa Clara Law. “Working here again feels like coming home, especially in the Alumni Relations department, where it is my privilege to reconnect with so many of my fellow alumni,” she said. Livingston has previously worked for the Center for Common Concerns as a legal analyst, the interim assistant director of the Center for Social Justice and Public Service at the law school, as well as outreach associate at Berg Davis Public Affairs. As a law student, Livingston was involved in a variety of activities including serving as senior symposium editor and technical editor of the Journal of International Law and president and communications chair of the International Law Student Association. In addition to her J.D. from Santa Clara Law, Livingston earned a bachelor’s degree in legal studies from U.C. Santa Cruz.
Kendra Livingston J.D. ’15
Farewell to Faculty
K ET I H S U T T ER
K ET I H S U T T ER
Santa Clara Law bid farewell to three longtime faculty members this past summer with gratitude for their combined 60 years of service to the Law School.
Margarita Alvarez
Yvonne Ekern
Jiri Toman
Margarita Alvarez joined the Katharine and George Alexander Community Law Center’s clinical faculty in 2005. In her 13 years of service, she worked closely with students to equip them with the skills they needed to obtain positive results for clients. Alvarez worked on many cases, including a recent victory for a client that resulted in a $75K attorney’s fee award for the Law Center. “She brought wisdom, calm, and balance to the office,” said D eborah Moss-West, executive director at the Katharine & George Alexander Community Law Center. “Perhaps most importantly, she has a genuine interest in student success, both personally and professionally, that translates into an exceptional clinical and law school experience.We are thrilled that she returned to the Law Center as a volunteer this fall.” Prior to joining Santa Clara Law, Alvarez had her own firm for nearly 14 years, representing injured workers, and she also served as deputy counsel for Santa Clara County.
Yvonne Ekern joined Santa Clara Law in 2003 as an associate clinical professor and a full-time member of the Legal Analysis, Research, and Writing faculty, and she has more than 25 years of experience teaching, including 15 years at Santa Clara Law. In his remarks at her retirement gathering, Michael W. Flynn, associate dean for academic affairs, said: “You have made our lives here better, and leave a legacy of great teaching and mentoring behind you.” For seven years she was the chairperson of the West Valley College Paralegal Program (ABA approved). Prior to attending law school, she taught high school English and math in California and Missouri. She graduated from the University of Idaho School of Law in 1985. While working in criminal and family law offices, she taught part-time in several Silicon Valley paralegal programs. Among the classes she has taught are Legal Research and Writing, Advanced Legal Research and Writing, Appellate Advocacy, Advanced Legal Research and Writing Using LEXIS, and Legal Analysis. She is the coauthor of Legal Research, Analysis and Writing and Constitutional Law: Principles and Practice.
Jiri Toman is considered to be the founder of international humanitarian law and one of the world’s leading experts on Cultural Property Law. He taught at Santa Clara Law for 20 years, helping to build many international relationships that support students and faculty members. A member of several international associations and on the editorial boards of several journals, Toman has published numerous studies, books, and articles in the fields of international law, human rights, humanitarian law, economic law, disaster relief law, and criminal law. Prior to joining Santa Clara Law, he taught at the School of Economics and School of Law at Charles University in Prague, the University of Geneva, and was a visiting professor at Santa Clara University, George Washington University, and Université de Franche-Compté in Besançon. He has lectured at the Universities of Birmingham, Cambridge, London, Oxford, Pisa, Uppsala, Virginia, Waseda, and Yale; organized regional seminars on international law and criminal law in Africa and Latin America; and was consultant to several international and regional organizations, including UNESCO, UNDRO, UNCTAD, and the United Nations Center for Human Rights, Council of Europe. FALL 2018 | SANTA CLARA LAW
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CRITICAL LAWYERING SKILLS Among the first of its kind in the nation, this new seminar teaches key critical skills for attorney success. BY ELIZABETH KELLEY GILLOGLY B.A. ’93
In her previous work as a senior manager of attorney training and development at several AmLaw100 firms, Sandra “Sandee” Magliozzi had an up-close view of hundreds of new lawyers—and what they were missing. “I saw that many of these junior associates were missing key skills they needed for success as an attorney,” she says. Magliozzi explained that these key skills, often called “critical skills,” include things such as effective communication, active listening, managing one’s own work, creative problem solving, handling mistakes, team work, and self-development. She later conducted, with several Professional Development Institute co-presenters, a survey of 50 chief talent managers for law firms about the top “lawyer effectiveness factors” they were looking for, and these same critical skills came up again as something the talent managers were seeking. Magliozzi came to Santa Clara Law in 2006, first as director of professional development and externships. In her current role as associate dean for experiential learning and as a clinical professor of law at Santa Clara Law, Magliozzi helps students gain practical experience in clinics and externships that will help prepare them for their future careers. In 2009, with these critical skills in mind, she created an upper-division class, based on a list of lawyer effectiveness factors (developed by Schultz-Zedeck), to help students in field placements develop these critical skills. “We took that list and started teaching those things in that course,” she says. Over the past few years, as she has continued to work closely with Dean Lisa Kloppenberg to 8 SANTA CLARA LAW | FALL 2018
help best prepare Santa Clara Law students for success, she says she realized that “students needed training in these critical skills earlier in the curriculum to help them succeed and to help them leverage the experiences they were having in and out of the classroom.” To meet that need, Magliozzi designed an all-new Critical Lawyering Skills seminar, which is among the first of its kind in the nation. She worked with Professor Thiadora Pina, director of externships at Santa Clara Law, to create the list of critical skills to be taught as well as to oversee the program. The first group of 1Ls took this class last Spring, and it is now a required part of the first year of law school at Santa Clara. In the course, students work with a faculty member to engage in a very interactive seminar featuring small group work, scenarios, role playing, and group feedback. “It is really a series of progressive workshops focused on these competencies that students need to be successful,” says Magliozzi. “Students have many opportunities to learn a skill, practice and apply that skill, get feedback, and try it again.” Each section is limited to 15 students to make sure students get lots of hands-on practice with these essential skills. “New lawyers are most successful when they come to the job with a broad range of legal skills, that comprise the whole lawyer,” says Magliozzi. “This new seminar will be a big help in preparing our students for success—to help them understand these critical skills and why they are important, and then give students ideas to help them continue developing those skills on their own.”
K E IT H S UT T E R
First-year law student Erika Skeels, who was among the inaugural group to take the course, raves about her experience, saying “it is vital to our future success that we learn these skills.” “In most of our law school classes, we focus on legal analysis, legal writing, issue spotting, and advocacy skills,” she says. “But I think that we often forget that the most crucial part of being a lawyer is understanding how to interact with people. The Critical Lawyering Skills seminar teaches us these skills and, through role play, reminds students that this profession is one designed to be of service to others.” Skeels says the course taught her many important skills, such as an awareness of body language and how to ask open-ended questions, that serve her in all parts of her life. “I was surprised by how many of the skills I actually internalized and find myself using on a daily basis,” she says.
“I think that we often forget that the most crucial part of being a lawyer is understanding how to interact with people. The Critical Lawyering Skills seminar teaches us these skills and, through role play, reminds students that this profession is one designed to be of service to others.” —ERIKA SKEELS, SANTA CLARA LAW FIRST-YEAR STUDENT
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EXPANDING UNCOMMON LAW As one of 20 inaugural Obama Fellows, Keith Wattley J.D. ’99, founder of UnCommon Law, is learning how to bring his successful model to even more people. BY ELIZABETH KELLEY GILLOGLY B.A. ’93
O BA M A F OUND AT IO N
Keith Wattley J.D. ’99 says his opportunity as an Obama Fellow is helping him focus on the bigger picture for UnCommon Law, including fundraising, outreach, and “developing and talking more about our own story— both our individual stories and our organizational story.”
In 2006, Keith Wattley J.D. ’99 founded and became executive director of UnCommon Law, a non-profit law firm based in Oakland that provides counseling and legal representation for California prisoners serving life terms with the possibility of parole. “We’re proving what’s possible when we get past the stereotypes and labels about who is in prison for violent crimes and deal with the actual people involved,” Wattley said in an interview on the Obama Foundation web site.* Wattley and his team at UnCommon Law work with people in prison to help them understand and address the personal traumas that contributed to their crimes, and through doing so, demonstrate to the parole board that they can safely be released. After doing this deep work with the clients, an UnCommon Law attorney or bar-certified law student represents them in their administrative hearings, thus greatly improving their chances of being paroled. The results have been profound, with an overall success rate of more than 60 percent in individual hearings, compared with the California average of 20 to 25 percent. In this past year alone, the UnCommon Law success rate has surpassed 80 percent. The UnCommon Law method is undoubtedly successful, but how could Wattley scale his work and bring it to more people? That is where the idea to apply for the Obama Fellowship was born. For the inaugural Obama Fellowships (obama.org/fellowship/), more than 20,000 people from 191 countries applied, and Keith Wattley was one of 20 Obama Fellows selected. “It has been a very exciting opportunity and process, and a remarkable group of people to work with,” he says. “The people at the Obama Foundation are nice, generous, and compassionate, and the other fellows—each one is really inspiring. I was surprised during our first gathering by how quickly
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we were able to bond. It happened naturally and really quickly. Each one of us recognizes something about ourselves in the others.” The two-year fellowship includes weeklong gatherings twice a year as well as ongoing support from the Obama Foundation, including mentoring and networking help. Wattley attended the first gathering in April 2018 and looks forward to the next one in November. At the gathering, he says, the fellows participated in workshops with world experts in areas such as leadership development, executive leadership training, and storytelling. They also attended other networking events and began some group projects. “While the foundation doesn’t provide us with a financial award, they give us valuable tools and important building blocks,” says Wattley.
Being honored as an Obama Fellow has turned a national spotlight on Keith Wattley and UnCommon Law, which is a big benefit in and of itself for any small non-profit. “Exposure makes a big difference, and while it has helped to open up some new pathways to funding, it has also introduced me to a funding conversation that I was not part of before,” says Wattley. “The first gathering was much more about us as people than it was about our organizations, which was refreshing, and it had all of us recognize and start to face the challenges that had us sign on for this fellowship,” he explains. “Each of us has our own pathway for taking our work to the next level, so I found it very helpful to identify some potential barriers and start working through them.” “In addition, we get an executive coach for the whole two years of the fellowship,” he added. “They help us create a road map to get from here to wherever we intend to have our organizations be in a few years. The idea is that the Obama Foundation is recognizing people who have created an organization with value and that makes a difference, and they are helping us scale those efforts. It is unlike most fellowship opportunities in that they are not asking us to work for the Obama Foundation; instead they are asking: ‘How
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can we work to support you to take your work to the next level?’” Being honored as an Obama Fellow has turned a national spotlight on Wattley and UnCommon Law, which is a big benefit in and of itself for any small non-profit. “Exposure makes a big difference, and while it has helped to open up some new pathways to funding, it has also introduced me to a funding conversation that I was not part of before,” says Wattley. “I am learning how much our work fits right into the larger national conversation about meaningful reform of the criminal justice system—which is short on ‘justice’—and about how we provide one solution for funders seeking to support those changes.” The fellowship is also helping Wattley make some difficult choices in his work with UnCommon Law. He loves his first-person contact with clients, and in the past, he has spent 4-5 days a week in prisons. But now he sees that will need to change. “One of the biggest opportunities and challenges for the fellowship for me was that I knew there would be a need for me to get out of the prisons. As critical and essential as that work is, it doesn’t provide me the opportunity to connect with others” who could help bring this work to more people in need, he says. Wattley and his team will train new advocates to do work directly with clients. “That is why I pursued this opportunity because I knew that is what we needed to do,” says Wattley. “Scaling means we could make our model available to thousands more people, and we can only do that effectively if we can train scores of others in what we do.” Meanwhile, Wattley will zoom out to the organization’s big picture, focusing on fundraising, outreach, and “developing and talking more about our own story—both our individual stories and our organizational story.”
Looking Back at Law School As Wattley looks back on his Santa Clara Law story, he says his experience was deeply shaped by his professors. “Margaylanne Armstrong, Cookie Ridolfi, Ellen Kreitzberg, and Margaret Russell were all especially supportive,” he says. “They supported me there and since I left there. These professors were all consistently pro-student in a way that doesn’t always happen in law school, and they really got to know us.” “My experience at Santa Clara Law was also made really special by the opportunities I pursued
outside of the classroom, including in the first year when I volunteered in the workers’ rights clinic,” he says. “I had a supportive environment with top-quality attorney mentors, especially Michael Gaitley. That great experience introduced me to the practical application of the things we were learning in the classroom, and it made law school worth it and make sense to me.” During his law school education, Wattley also had an internship at a drug and alcohol treatment center that was run by a formerly incarcerated person. “That opportunity made it all real for me,” he says. “I always had to have that kind of balance. The law school stuff that seemed like either not real or not connected to everyday experience—I had to balance that with what is immediate and real.”
And that brings Wattley circling back to his own work. “We call ourselves UnCommon Law for many reasons, and one of them is because we do law a little differently here,” he explains. “It’s not a traditional law practice. I am much more of a counselor than a lawyer in my job. It is a fit for me.” To law students, Wattley has some advice: “It is important for people—as they build their resumes and amass credentials—to look for what it is that they are really meant to do, and do what feels right to you, even if it’s something no one else is doing.” *For a detailed interview with Wattley, visit obama.org/fellowship/keith-wattley-interview/
Keith Wattley J.D. ’99 works with other Obama Fellows at the first gathering in April 2018.
O B A M A F O UND AT IO N
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BY ELIZABETH KELLEY GILLOGLY B.A. ’93 | PHOTOS BY KEITH SUTTER
Seven people—Santa Clara Mayor Lisa M. Gillmor, John M. Sobrato, Dean Lisa Kloppenberg, Howard and Alida Charney, SCU President Michael Engh, S.J., and Zoe Lofgren—held six pairs of scissors and together cut the ceremonial ribbon at the dedication on October 12. Mikaela Burkhardt (far left) and Kayleigh Chevrier, co-presidents of the Santa Clara Law Student Body Association, held the ribbon.
C H A R N E Y H A L L D E D I C AT I O N
More than 500 students, faculty and staff, community members, and special guests gathered in the Mabie Grand Atrium on October 12 to cut a ceremonial ribbon and officially dedicate the Howard S. and Alida S. Charney Hall of Law. Santa Clara University School of Law broke ground on Charney Hall on August 17, 2016, and, after just 565 days of construction, the school began to move in on March 5, 2018. The 96,000 square foot, eco-friendly building will serve up to 650 J.D. and 100 non-J.D. students. With flexible learning spaces and sophisticated classroom technology, Charney Hall will
“With this amazing investment in the law school by the University, our alumni, and friends, along with a lot of hard work by many of the people in this room, we are reaping the good harvest. Our yield of admitted students has improved, the quality of our student body is high, and morale is high. We are experiencing a special moment of momentum at Santa Clara Law, thanks to each of you who has made that possible.” — DEA N LI SA K LOPPENBER G Right (from top left): Maya Younes J.D. ’18 opened the ceremony with an invocation and a moment of silence in honor of the Ohlone people, who had lived on the land where the new building stands. Leon Panetta B.A. ’60, J.D. ’63 spoke at the ceremony, saying that Charney Hall was “a wonderful commitment to the future by investing in education.” Right (lower): SCU President Michael Engh S.J., blessed the building with the help of lead donor Howard S. Charney MBA ’73, J.D. ’77.
help Santa Clara Law continue to evolve its programs and offerings to keep pace with changes in the legal field, while continuing to support a highachieving student body and attract exceptional faculty. Lead donors Howard S. Charney MBA ’73, J.D. ’77 and his wife, Alida Schoolmaster Charney were both in attendance, along with son, Tristan Charney MBA ’06. Howard Charney co-founded the $3 billion company 3Com in 1980, and 12 years later founded Grand Junction Networks, which was acquired by Cisco in 1995. Until his recent retirement, he served as senior vice president in the Office of the President and CEO at Cisco, contributing to the company’s strategy and direction and also advising businesses, governments, and educators around the world in implementing critical Internet technologies to improve organizational effectiveness. Other special guests at the dedication included the mayor of Santa Clara, Lisa M. Gillmor; notable law school alumni Leon Panetta B.A. ’60,
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J.D. ’63, chair, the Panetta Institute for Public Policy as well as former CIA Director, former U.S. Secretary of Defense, White House Chief of Staff, and long-time member of the House of Representatives; Zoe Lofgren J.D. ’75, congresswoman of the 19th district; Justice Edward Panelli J.D. ’55, retired California Supreme Court Judge and his wife, Loma; as well as John Ottoboni B.A. ’69, senior legal counsel and chief operating officer of Santa Clara University; John M. Sobrato B.A. ’83, chair of the SCU Board of Trustees; Father Michael Engh, S.J., President of Santa Clara University; and the past 3 deans of Santa Clara Law: Gerald Uelmen, Mack Player, and Don Polden. Maya Younes J.D. ’18 opened the ceremony with an invocation and a moment of silence in honor of the Ohlone people, who had lived on the land where the new building stands. While Santa Clara University provided more than 60 percent of the $58 million dollars in building costs, the Charney’s $10 million lead gift is the largest in the history of Santa Clara Law, and it “jumpstarted this building,” said Ottoboni in his remarks. Other major donors included the William and Inez Mabie Family Foundation, headed by Ron Malone J.D. ’71 and his wife, Sara, and Yeoryios C. Apallas; as well as the Fremont Bank Foundation, under the leadership of Terrance Stinnett J.D. ’69 and Michael Wallace MBA ’75; and Paul and Barbara Gentzkow. “With this amazing investment in the law school by the University, our alumni, and friends, along with a lot of hard work by many of the people in this room, we are reaping the good harvest,” said Dean Lisa Kloppenberg. “Our yield of admitted students has improved, the quality of our student body is high, and morale is high. We are experiencing a special moment of momentum at Santa Clara Law, thanks to each of you who has made that possible.” Before officially blessing the building, SCU President Michael Engh S.J., said “this is a place where a Jesuit law school should be because of the values, ethics, and commitment to justice that is part and parcel of the whole school experience.” “For more than a century, Santa Clara Law has met the changing and ever more complex legal needs of this region…[from] the agricultural region of the Valley of Heart’s Delight, all the way up to what we call it now, Silicon Valley, the world’s foremost innovation center,” Engh said. “The School of Law’s vision is exemplified by the Howard S. and Alida S. Charney Hall of Law, designed to promote the highest levels of
In her remarks, Dean Lisa Kloppenberg expressed her deep gratitude to the Charneys as well as to the many other donors who supported the dream of a new building.
integrated learning, research, and collaboration. Because of their great generosity, this enables the school to respond to the sweeping changes in legal education and practice.” In her remarks, Congresswoman Zoe Lofgren said she always loves returning to the Law School, and that she is grateful for the education she received there. “Not only did we have great classes and inspiring professors, there was an ethical component to the instruction that we received at this University that continues to this day,” she said. She added that she looked forward to seeing what will emanate from this building, including what she called the “troopers for the enforcement of the rule of law.” Howard Charney began his remarks with gratitude for all those who contributed to the building’s campaign, with a special tribute to his wife, Alida. He went on to compare the Law School to the Mission Santa Clara, which, he said, “is built in furtherance of certain principles. Its core principles are equity and justice, fairness, and respect for others. It teaches those principles through the means of stories.” “This is the home of the Law School but it is also a temple built in furtherance of certain principles,” said Charney. “This temple bears an
uncanny resemblance to that temple. This temple rests on the principles of equity and justice, fairness and respect for others. This temple uses stories to teach its messages—we call them cases.” “I used to think the Law School was a vocational school…bolted on the side of the University, but that is really not so,” explained Charney. “I have now come to realize that the Law School is totally consistent with the values and underpinnings of this University perhaps as much or maybe more so than many of the other colleges or schools that comprise this institution. It is quite integral to Santa Clara University.” “Our collective dream is that we are going to look back in five years or 10 years and we have achieved much greater national and international renown. The best students will want to come and study here. The best faculty will want to teach and write here,” said Charney. “This is a process of continuous improvement.” Leon Panetta contrasted his own “Bergin Hall generation” with the “Charney Hall generation,” saying that his generation faced many challenges, but perhaps none so difficult as those that will be faced by the Charney Hall generation. “Charney Hall marks not just a new Law School for Santa Clara, but in many ways, it marks a new era for the future, a new and very challenging era for the students that go here,” Panetta said. “My sense is that the generations that come out of Charney Hall are going to face issues that go to the very core of this nation.” “We are in the middle of Silicon Valley. This is an area of tremendous innovation and tremendous creativity, but that kind of innovation and creativity has to be tied to a set of values. This Law School, being in the center of Silicon Valley, has to provide that foundation for the future of high technology.” “This is a wonderful commitment to the future by investing in education, and I thank all of the contributors to this,” said Panetta. Seven people—Santa Clara Mayor Lisa M. Gillmor, John M. Sobrato, Dean Lisa Kloppenberg, Howard and Alida Charney, SCU President Michael Engh, S.J., and Zoe Lofgren— held six pairs of scissors and together cut the ceremonial ribbon. Those gathered were then invited to explore the new building, which had several food and drink stations throughout as part of the celebration. To watch a video of the dedication ceremony, visit law.scu.edu.
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Above left: John Ottoboni B.A. ’69, senior legal counsel and chief operating officer of Santa Clara University, thanked Howard Charney for his donation, which he said “jumpstarted the building.” Above right: Three former deans were in attendance, including, at left, former dean Mack Player, here with his wife, Jeanne, and former dean Don Polden and his wife, Susie. Lower photo: Howard and Alida Charney shared the dedication stage with several other special guests.
A B O U T H OWAR D CH AR NEY Howard S. Charney MBA ’73, J.D. ’77 co-founded the $3 billion company 3Com in 1980, and 12 years later founded Grand Junction Networks, which was acquired by Cisco in 1995. Until his recent retirement, he served as senior vice president in the Office of the President and CEO at Cisco, contributing to the company’s strategy and direction and also advising businesses, governments, and educators around the world in implementing critical Internet technologies to improve organizational effectiveness. Over his career, Charney has overseen the development and expansion of key technologies that have helped build the global Internet as it exists today. He helped grow Cisco’s two-tier
distribution business to more than $2.4 billion and helped turn fast ethernet and low-cost switching into fundamental, global Internet technologies. A licensed patent attorney, Charney has served as a board member for several technology companies. He serves as a trustee of Santa Clara University, and has been an adviser to Miller Center for Social Entrepreneurship, including funding a professorship and serving on its advisory board and executive committee. He holds bachelor’s and master’s degrees in mechanical engineering from Massachusetts Institute of Technology, and an MBA and J.D. from Santa Clara University. His son, Tristan, is a 2006 MBA alumnus from Santa Clara. FALL 2018 | SANTA CLARA LAW
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BY DEBORAH LOHSE | PHOTOS BY ADAM HAYS
When faced with a risky opportunity, “balance the magnitude of the upside against the severity of the downside,” and be willing to take the risk, former Cisco senior vice president Howard S. Charney MBA ’73, J.D. ’77, urged the Class of 2018 of Santa Clara University School of Law. Charney, who co-founded 3Com and Grand Junction Networks, spoke at the commencement ceremony on May 19, in the University’s Mission Gardens. He spoke just months after the opening of the new Law School bearing the Charney name, the Howard S. and Alida S. Charney Hall of Law, built with a foundational $10 million donation from the Charneys. “There are many things in our lives that are simply unknown, and unknowable,” he said, quoting from a former colleague. Charney recalled several key turning points in his career when he had to assess “the calculus of risk”—leaving engineering to go into antitrust law at Memorex; going into and then leaving intellectual property law; and deciding to join his former fraternity brother from MIT, Robert Metcalf, in founding the ethernet-creation company 3Com. In each case, he said, he determined that no matter how dire the downside, he would have choices. So he took the risks. And in the case of 3Com—which became a $3 billion company—“the risk paid off, handsomely,” he said. “What I had exchanged was my legal career for money. And lots of it,” he said to laughter from the audience. “The sun is rising on your careers,” he said to the graduates. Whether serving the poor, opening a solo practice, working for a large firm, or joining a startup, “you will have to make choices just like I did,” he said. “If the downside risk is zero or low, and the upside is great, what do you do? You take the risk.” Taking risks “is what my life has been about,” said Charney, who received an honorary doctor of law degree at the event. A licensed patent attorney, Charney has served as a board member for several technology companies and is a trustee for Santa Clara University. He holds bachelor’s and master’s degrees in mechanical engineering from Massachusetts Institute of Technology, and an MBA and J.D. from Santa Clara University. His son, Tristan, is a 2006 MBA alumnus from Santa Clara. Of the 216 graduates, 67 graduates received certificates in various areas of high-tech law; another 19 received certificates in public-interest and social-justice law; eight specialized in international law and 10 in privacy law. Prior to the ceremony numerous outstanding graduates received awards, including: • Natalie Parpos was the Mabie Outstanding Graduate Award based on academic performance, scholarly activities, leadership and service roles at the law school and in the community. • Jonathan “Jojo” Choi received the Dean’s Leadership Award for exemplifying the school’s motto of “lawyers who lead” and serving other students, the school, and community. • Maya Younes received the John B. Bates, Jr. Dispute Resolution Award, established in 2017 and given in recognition of the student’s coursework, publications, performance, and service related to the field of dispute resolution. 20 SANTA CLARA LAW | FALL 2018
Taking risks “is what my life has been about,” said Howard S. Charney MBA ’73, J.D. ’77, who spoke to graduates and received an honorary doctor of law degree at the event. FALL 2018 | SANTA CLARA LAW
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C LASS ACT I O N
CELEBRATING 50 YEARS SINCE GRADUATION Santa Clara Law welcomed several members of the class of 1968 for their Medal Ceremony on the Dean’s Terrace during Law Reunion Weekend in October. From left are William “Bill” Pohle J.D. ’68, John Chessell J.D. ’68, Joel Primes J.D. ’68, Dean Lisa Kloppenberg, Alan Nobler J.D. ’68, Jack Ritchey J.D. ’68, and Thomas “Tom” Ferrito J.D. ’68. K E ND R A LIV INGS T O N
Alumni Keep your fellow law alumni posted on what’s happening. Email your news to lawalumni@scu.edu or send to: Law Alumni Relations Santa Clara University 500 El Camino Real Santa Clara, CA 95053
1963 Hon. Leon Panetta B.A. ’60 and his wife, Sylvia, were honored with the Distinguished Citizen Award by the San Francisco Commonwealth Club in April 2018.
1969 Edward Lozowicki
is serving a second year as co-chair of the American Bar Association’s Arbitration Committee. The group provides CLE programs, publications, and other resources for arbitrators and attorneys.
1974 Richard M.
Hluchan is president of Georgetown Alumni Association. He is a partner in the law firm Hyland Levin LLP based in Marlton, New Jersey, where he practices land use and environmental law.
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1975 Jim Gaffney B.S.
’71 is executive director of Doerner, Saunders, Daniel & Anderson in Tulsa, Oklahoma. He manages business operations. Previously he was corporate director of Bullivant Houser Bailey in Portland, Oregon.
1977 Hon. Thierry
Colaw, a retired Orange County Superior Court Judge, has joined Judicate West, a private dispute resolution service. He spent 21 years on the bench after 20 years of private practice as a civil litigator.
1978 Gilbert Paul
Carrasco received a Fulbright Award to lecture and teach human rights law at Ukrainian Catholic
University. He is a professor of law at Willamette University College of Law in Salem, Oregon and also serves as chair of the Civil Rights Section of the American Association of Law Schools. Donald Temple received the lawyer of the year award from the Metropolitan Washington Area Employment Lawyers Association.
1979 William F. Abrams
is in the IP and litigation and dispute resolution practices at Foster Pepper in Seattle. He has served as lead counsel in more than 100 patent, trade secret, and IP cases since 2000, and has been named a Top 75 IP Lawyer in California since 2009. In 2017, he successfully defended a challenge to
Seattle’s tax on gun sales. Previously, he practiced at Steptoe & Johnson in San Francisco.
1980 Hon. Drew Takaichi received the Judge of the Year award from the Santa Clara County Trial Lawyers Association.
1982 Hon. Timothy J.
Schmal has been appointed to a judgeship on the Santa Cruz County Superior Court. He previously was a sole practitioner, and from 2008 to 2014 was a partner at Burton, Schmal and DiBenedetto. He has also served as associate and partner at Gassett, Perry and Frank and as an instructor at Santa Clara Law.
1983 David Long is a
partner with Ice Miller where he is a member of its public affairs group. He spent more than 20 years in the Indiana state legislature.
1987 Mark Duffy, Hon.
Christopher Acker, Randall Tinsley, and Mark Connell met in Memphis, Tenn., for a mini-reunion.
1988 Jon Olin was
appointed Senior Vice President for Corporate Strategy and Administration at Amerijet.
1990 Chris Carr served
as the U.S.-Italy Fulbright Distinguished Chair of Business and Economics in Napoli, Italy. Carr is a tenured professor at the Cal Poly San Luis Obispo College of Business.
1991 Michael Callagy has been named as San Mateo County Manager. Callagy joined San Mateo County as one of three
deputy county managers in 2013 after a 29-year career with the San Mateo Police Department where he ran day-to-day operations and retired as the deputy chief. In 2016, he was named assistant county manager. John Slebir is senior vice president for business development and general counsel at VIVUS, a biopharmaceutical company in Campbell. Previously, he was an attorney at Wilson Sonsini.
1992 Mark Heyl is chair
of the cannabis industry group at Hopkins & Carley in San Jose. He is also chair of the firm’s corporate practice and merger and acquisitions groups.
1993 Tim Brugh has
recently joined Pillsbury Winthrop Shaw Pittman LLP as a Partner in the firm’s estates, trusts, and tax planning private wealth practice in Silicon Valley and San Francisco. He was West Coast director of fiduciary services for Goldman Sachs for more than a decade. Lauren Downum is a director and private wealth advisor at Union Bank in San Francisco. Previously, he was at Wells Fargo for 18 years, serving 11 years as senior vice president and wealth advisor. Both Robert Soran, partner at Downey Brand in Sacramento, and his classmate Janlynn Fleener B.A. ’90, partner and chair of the litigation practice group at Downey Brand in Sacramento, were named 2018 top lawyers by Sacramento Magazine.
1994 Frank Nguyen is
vice president of intellectual property and licensing for Intuitive Surgical, a pioneer in the field of robotic-assisted
surgery. Scott McElhern, partner at Downey Brand in Sacramento, was named a 2018 top lawyer by Sacramento Magazine.
1995 Matt Armanino will
become CEO of Armanino, one of the top 25 largest accounting and business consulting firms in the United States, in January. He has been chief operating officer since 2008. Delma Locke was honored by Congressman Ro Khanna with a Hispanic Heritage Month Award for her leadership and community service in Silicon Valley. Locke is vice president and deputy general counsel at Singularity University and she also serves as vice chair of the Board of Advisors for the Katharine & George Alexander Community Law Center in San Jose.
1996 Hon. Shauna
Chastain B.A. ’91 has been appointed to be a judge on the Solano County Superior
Court by Governor Jerry Brown. Previously, she was a sole practitioner since 2007, and had been an associate at Mattice Law Offices and at the Law Offices of Lynne Yates-Carter. Tricia Timm is general counsel and corporate secretary at Looker, a data platform company in Santa Cruz. Previously she was senior vice president and general counsel at SugarCRM. Susan Woodhouse has been listed as an up-andcomer by Human Resource Executive magazine and Lawdragon for the 2018 annual rankings guide.
1997 Darren Donnelly
joined Polsinelli’s Silicon Valley office as a principal in its Intellectual Property Department. He represents clients in patent and other technology and intellectual property disputes and regularly leads teams in the U.S. District Courts, before the Patent Trial and Appeal Board, and at the
Celebrating Santa Clara Law Super Lawyers Eight Santa Clara Law alumni have been selected as 2018 Top Northern California Super Lawyers: Peter Boutin J.D. ’75, Hon. Wendy Getty J.D. ’92, Niall McCarthy J.D. ’92, Leigh Burnside J.D. ’92, Daniel Coyle J.D. ’85, Tim Thompson J.D. ’87, Neda Mansoorian J.D. ’99 and Richard Bolanos J.D. ’83. Five Santa Clara Law alumnae have been named to the 2018 Women Northern California Super Lawyers List: Mary Alexander J.D. ’82, Catherine A. Bechtel J.D. ’99, Leigh W. Burnside J.D. ’97, Neda Mansoorian J.D. ’99, and Natasha M. Parrett J.D. ’99. Three alumni were named to the 2018 Northern California Super Lawyers Rising Stars list: James Giacchetti J.D. ’15, Abimael Bastida J.D. ’14, and Christopher Boscia J.D. ’08.
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CLASS ACTION
John R. “Jack” Williams J.D. ’65
Elizabeth A. Williams J.D. ’98
Federal Circuit representing innovation-focused companies. Previously with Fenwick & West, Donnelly holds a master’s degree from Stanford University in EngineeringEconomic Systems, as well as his bachelor’s degree from Stanford University in Mathematical and Computational Science and Economics. Grace Hum is assistant dean of students at U.C. Hastings College of Law.
1998 Kelley Kulick is a
Father-Daughter JAMS Team In September, Elizabeth A. Williams J.D. ’98 and her father, John R. “Jack” Williams J.D. ’65, joined JAMS, the largest private alternative dispute resolution provider in the world. Previously, the father-daughter team had a private mediation firm, Williams and Williams Mediation, founded in 2001 to specialize exclusively in the mediation and settlement of pre-litigation and litigated civil matters. For more than 20 years, Elizabeth Williams has been resolving litigated disputes in a range of civil matters, including personal injury, premises liability, and many employment matters involving discrimination, sexual harassment, wrongful termination, and wage and hour issues. She also co-designed and co-taught a course in legal negotiation at Santa Clara Law as well as mediation courses at San Jose City College. Jack Williams has more than 50 years of experience in civil litigation as a trial lawyer, as a mandatory settlement conference pro tempore, and as a private neutral mediator in the Bay Area. He also taught trial practice, trial preparation, and negotiation and mediation at Santa Clara Law as an adjunct faculty member for more than 30 years, beginning in 1970. Since becoming a full-time mediator in 1999, he has successfully mediated thousands of cases in all subject matters, including personal injury, priest and sexual abuse, wrongful death, employment, high-tech and intellectual property, real estate, construction defect, insurance and bad faith, and cases with deep complexity involving multiple parties.
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deputy public defender for Santa Clara County. She was featured in an April 2018 Frontline article about her client, Lukis Anderson, who was cleared of murder charges after his DNA was found on a victim’s fingernails. Anderson had never met the victim.
1999 Michael Reiter is
on the planning commission of the city of Redlands. He practices municipal law with Milligan, Beswick, Levine & Knox. Scott Shipman is vice president and chief privacy officer at Intuit. Keith Wattley was one of 20 Obama Foundation Fellows selected from more than 20,000 applicants. He is founder and director of UnCommon Law in Oakland, a legal non-profit that represents California prisoners serving life terms with the possibility of parole (see page 10).
2001 Garret Murai is
a top author in JD Supra’s 2018 Reader’s Choice Awards. He practices construction law at Wendel Rosen. Jennifer Wintrode Shuler was honored for her pro bono work by the Florida Bar. She is the deputy assis-
tant county attorney for Bay County, and has accepted approximately 30 case referrals from Legal Services of North Florida, mainly assisting low-income clients in domestic violence and family law cases. Previously, she has done pro bono work for the Panhandle Animal Welfare Society and at a legal aid restraining order clinic in Detroit.
2003 Sameer
Khedekar was named to Lawdragon’s Guide of 20 top practitioners in the area of corporate immigration law. Erik Khoobyarian was named pastor of Presbyterian Church of Western Springs in Illinois.
2004 Greg Lundell is a
partner at Haley Guiliano in San Jose. His practice includes audit-based licensing compliance, trade secret disputes, and technology transfer. Previously, he spent a decade at public companies, including TiVo and the Kudelski Group. Nikki Pope is the new managing director for the High Tech Law Institute at Santa Clara Law (see page 6).
2005 John Shimmick, a
patent attorney with expertise in the medical device industry, left Wilson Sonsini Goodrich & Rosati to join FisherBroyles’ Palo Alto office. Before becoming a lawyer, he worked for over a decade as an engineer in the medical device industry, and is a named inventor on more than 30 patents. Christopher Zand is director of Private Client Group for Osterweis Capital Management. Prior to joining Osterweis, Zand was vice president and principal at Brouwer & Janachowski and
vice president with Bernstein Global Wealth Management. He is a member of the board of directors for the International House at U.C. Berkeley and the board of directors for Legal Services for Children, where he also serves on the finance committee.
2008 Kevin J. Albanese
B.S. ’96 received the 2018 Businessman of the Year Award from the Silicon Valley Organization. Philip Ou was honored by Law360 as Rising Star for technology practitioners under age 40. He is of counsel at Paul Hastings LLP.
2009 Samar Shah was
featured in an article about his firm in law.com. The firm caters to San Antonio, Texas’ growing technology scene.
2010 Darrin Gambelin
is counsel at Downey Brand in San Francisco. He is a member of the firm’s natural resources group, where he assists clients with permitting, compliance, and regulatory enforcement matters.
2011 Daniel Keese is
counsel at Perkins Coie in Portland, Oregon, where he practices intellectual property litigation. He has been with the firm for four years, and previously worked for Ropes & Gray in Silicon Valley. Jeff Leng is senior patent counsel at eBay.
2012 Christina Fialho
B.A. ’06 fights to abolish immigration detention through Freedom for Immigrants, a non-profit she co-founded. Her husband J.P. Rose B.A. ’06 is a staff attorney at the nonprofit Center for Biological Diversity.
C. James Oh is an associate at Kilpatrick Townsend & Stockton in Menlo Park, where he is on the electrical engineering and software team in the firm’s IP department. Previously, he was with an IP firm in San Jose. Da Zhuang is an attorney at Structure Law Group in San Jose. His practice primarily focuses on corporate transactional matters and complex business and commercial litigation. Previously, he was inhouse counsel at a Chinese technology company, and also worked at Perkins Coie and Dechert.
2013 Brice Hamack
works for Legal Aid in Canberra, Australia. He was profiled on Australian radio about his journey to Islam. Christen Lee is EEO Officer for the State of Hawaii Department of Labor and Industrial Relations. She serves as the liaison between the United States Department of Labor Civil Rights Center on matters pertaining to services provided by the State of Hawaii Department of Labor and Industrial Relations under Title V of the Civil Rights Act, and researches and coordinates new programs regarding civil rights, language and disability access to DLIR programs and services under Title VI of the Civil Rights Act. Ryan Minarovich has been named chief counsel at Medici, a mobile telehealth communication platform for doctors and patients. He was most recently a corporate and securities attorney at the San Diego office of Pillsbury Winthrop Shaw Pittman.
2014 Nicole Shanahan
was named one of 18 millenials changing the face of legal tech by Legaltech News. She is founder of ClearAccessIP, an integrated patent management and collaboration software.
2016 Mallory Barr and
Tamarah Prevost are associates at Cotchett, Pitre & McCarthy in Burlingame. Austin Jackson is an attorney with the Structure Law Group. He represents clients in complex business and commercial litigation, transactional work, and alternative dispute resolution. Lizbeth Mateo made headlines for being one of the first undocumented immigrants to be appointed to a statewide post in California. State Senate President Pro Tem Kevin de Leon appointed her to a an advisory committee
that seeks to improve access to college for low-income California students. Mateo came to SCU in October to receive the 2018 Santa Clara Law Social Justice and Human Rights Award.
2017 Brit Janeway
Benjamin married Patri Aaron Forwalter-Friedman on Feb. 10, 2018, at the Legion of Honor in San Francisco. She is an associate at Meakins Law in Berkeley.
2018 Jodi-Kaye Haber
was awarded a California ChangeLawyers scholarship. California ChangeLawyers (formerly the California Bar Foundation) is a statewide foundation that empowers the next generation of lawyers, judges, and activists to create a more diverse legal profession, a fair justice system, a better California.
NCIP & Law Alumni The Northern California Innocence Project (NCIP) is proud to have two Santa Clara Law School alumni working on their team. Missy O’Connell J.D. ’03, NCIP attorney & policy liaison, began working at NCIP in 2010. Through Missy’s leadership, NCIP co-sponsored four bills this past legislative session. Todd Fries J.D. ’09, NCIP associate director, began working at NCIP in 2007 as a clinical law student and returned to NCIP in 2010 as a research fellow as part of the law school’s post-graduate fellowship program. In 2014 and 2016, Todd helped to organize Restorative Justice retreats for NCIP exonerees. FALL 2018 | SANTA CLARA LAW
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CLASS ACTION
In Memoriam 1950 Thomas Moore,
May 9, 2017. He served in the Army Air Corps during World War II. He spent two years working for the FBI after law school. He practiced law for more than six decades in Oregon. He was a member of the Oregon State Bar Board of Governors. Survivors include his wife, Mary Ellen, four children, and six grandchildren.
1951 Maurice Henry
Fredericks, April 20, 2018. He was a Navy pilot during World War II. He was a North Bay native, and practiced law in Santa Rosa at Golis & Fredericks, and later was a sole practitioner. The Golis and Fredericks firm founded and developed the city of Rohnert Park. He was active in the community, serving on the local school board and as president of the Rohnert Park Chamber of Commerce. Survivors include his wife, Betty, three children, and four grandchildren.
1953 Donald Richardson,
April 23, 2018. He attended Stanford University and served in the Navy. He was chair of the board of directors of the San Jose Central YMCA and was also president of the downtown San Jose Rotary Club. Survivors include his wife, Marilyn, and two children.
1959 Robert L. Cross,
August 5, 2018. He joined the U.S. Army Counter Intelligence Corps as a special agent and served in San Francisco, Japan, and Korea, and returned to earn his law degree from Santa Clara Law. He joined IBM as legal counsel in 1961 and served in Boulder, 26 SANTA CLARA LAW | FALL 2018
1963 Jack Arancio B.S. Colorado, San Jose, and Los Gatos until his retirement in 1990. He spent the next 20 years volunteering his legal expertise for parents of developmentally disabled children through California Association of State Hospital Parent Councils for the Retarded. He loved music, skiing, and traveling. Survivors include his wife of 64 years, Marilyn, two sons, and one grandson. Buford “Larry” Toney B.S. ’53, April 20, 2018. He grew up in Pleasanton. During college he was in ROTC and he went onto active military duty in the Marines. He worked in criminal defense law, retiring in 2005. Survivors include his wife, Gloria, eight children, 12 grandchildren, and one greatgrandchild.
1960 Harold Alphonse
B.S. ’54, Jan. 17, 2018. He was a family law attorney in Campbell. Survivors include his wife, Patricia, three children, and seven grandchildren. William H. Collard, August 18, 2018. He was a veteran of the Korean War, serving in the U.S. Air Force as a Special Agent for the Office of Special Investigation. For nearly six decades, he practiced law, most recently as partner, for Friedman and Collard. He was the founding president of Big Brothers/ Big Sisters of Sacramento, and was involved with many other community and charitable organizations. Survivors include his wife, Ann, two children, three stepchildren, and seven grandchildren.
1962 Kevin P. Ryan, March 23, 2018.
’55, April 2, 2018. He served in the Army for two years before attending law school. He practiced law in Monterey for over 50 years. He enjoyed golf and oil painting. Survivors include two sons, one granddaughter, and two siblings.
1965 Russell M. Allen,
May 2, 2018. He earned a bachelor’s degree from Stanford University, where he was a sports writer for the Stanford Daily. He retired from his law practice in 2016 as a partner in Allen & Sheridan in Portland, Ore. His practice areas included transportation, business, estate planning, and probate. Survivors include his wife, Joyce, three children, three stepdaughters, six grandchildren and step-grandchildren, and two siblings.
1966 Richard S. Burriss,
July 19, 2018. While earning his law degree, he worked for Lockeed. He began his law practice in 1967 in Los Altos and relocated the firm to Mountain View in 1979. He spent more than 50 years practicing business law. He mentored many law students and young lawyers, taught at San Jose State, and served as Judge Pro Tem for the Santa Clara County Superior Court. He enjoyed hunting, camping, fishing, and horseback riding. A 40-year resident of the Santa Cruz mountains, he later became a full-time resident of Kauai after spending up to 6 months a year there since 1981. Survivors include his wife, Susan, three children, and four grandchildren.
1967 James G. Leathers, June 19, 2018. He practiced tax law in San Francisco at Chickering & Gregory and
Orrick, Herrington & Sutcliffe. In 1991, he opened up his own firm near Lafayette, where he practiced for more than 15 years. He was a lifelong Bay Area sports fan, skier, fisherman, bird hunter, and golfer. Survivors include his wife of nearly 50 years, Carol, three sons, and two grandchildren.
1968 Lawrence “Larry”
Perrin, May 11, 2018. Survivors include his wife, Paula, daughters Kimberly and Kristin Perrin B.S. ’04, MA ’17, director of finance and administration for the Silicon Valley Executive Center at the Leavey School of Business at SCU.
1970 Paul B. Kemp, July
1, 2018. A resident of Los Gatos, Calif., he was a trial attorney for more than 48 years. He enjoyed travelling, skiing, local sport teams, and concerts. He also had a passion for wine and he and his wife created the Loma Prieta Winery in Los Gatos in 2003. Survivors include his wife, Amy, three sons, and a granddaughter.
1975 Richard A. Hankins,
June 3, 2018. After practicing law in the Bay Area for several years, he established his own firm in the 1990s in Modesto, where he practiced family law and criminal law. He was a passionate fan of baseball and football. Survivors include his son, his sister, and a niece. Randolph “Randy” Leong, Jan. 15, 2018. He practiced law in Honolulu for 42 years, and was also a real estate broker. Survivors include his wife, Sonia, his mother, four sisters, and three sons.
1976 Sherry Teachnor, Oct. 22, 2017. After law school, she was national
coordinator for local programs at the Migrant Legal Action Program in Washington, D.C. Later, she practiced law with her husband, Michael, in Tucson, Arizona, and also founded a Latin American and Caribbean art gallery.
1977 Michael Fjelstad,
May 22, 2018. He graduated with an accounting degree from San Jose State University, worked for the IRS, and got an MBA before attending law school. He practiced law for four decades. He often went to Carnival in Rio. Survivors include a brother. Harold D. Tenney, March 6, 2018. A Navy veteran, he worked as an engineer and on several startups. He spent the last 15 years of his career with startup VIDA Products in Santa Rosa. Survivors include his wife, Marilynn, five children, 11 grandchildren, and nine great-grandchildren.
1981 Susan Bayerd, Feb. 10, 2018. She earned a journalism degree from San Francisco State University. Survivors include her husband, Robert Vitale, and a son. 1983 Deborah Kovac
Rump, July 30, 2018. In a law career that spanned more than 30 years, she served as a federal prosecutor, represented defendants in appeals, and taught would-be lawyers and police officers. She was an adjunct faculty member at Owens Community College in Perrysburg Township, where she taught law-enforcement courses since 2003, and she was a former adjunct faculty member at the University of Toledo College of Law. She oversaw a student-staffed clinic
formed in 2016 for clients wishing to pursue criminal appeals. Survivors include her husband, Rick, and two daughters.
1985 Susan Dondershine, Nov. 1, 2017. She taught high school English in Michigan and New York. She practiced criminal law for 29 years, and was the first private lawyer to open an office in East Palo Alto. Survivors include her husband, Harvey Dondershine ’81, and a son.
1986 Bianca M. Breeze, April 13, 2018.
1992 Eleanor “Ellie”
Schuermann, May 27, 2018. She was an attorney with Kastner Kim in Mountain View, an advocate for labor law issues, and an executive committee member of the labor and employment section of the Santa Clara County Bar Association. She was a gifted singer and lifelong choir member, and enjoyed singing at St. Claire’s parish in Santa Clara. She also ran the South Bay Karaoke Group. Survivors include her parents, Al and Lee. Nancy Burke Sylva, May 11, 2018. She grew up in Tracy, and graduated from San Jose State University. She was passionate about art, and was a docent at the San Jose Museum of Art. She was past president of the San Jose Art History Club. She entered law school at age 48, and after passing the bar, practiced family law for 10 years with her husband David Sylva ’63. Survivors include her husband, two daughters, and two grandsons.
2001 Scott J. Sagaria,
September 4, 2018. Soon after graduating from law school, he established a solo legal practice. Survivors include two sons, his father, two siblings, his girlfriend, and his former spouse.
2006 Peter Castle, June
10, 2018. He was a graduate of the University of Colorado, Boulder, and was a Coro
Fellow after law school. He worked for several nonprofits, and most recently was vice president of business compliance at Peak Vista Community Health Centers in Colorado Springs. Survivors include his parents and a sister.
2008 Cody Knight, May 18, 2018.
ALUMNI & FRIENDS UPCOMING EVENTS NOVEMBER 7: December Graduation Celebration—ALUMNI WELCOME! 5-6 p.m., Mabie Grand Atrium, Charney Hall NOVEMBER 14: Howard’s Hour, Investing in Venture with Howard Charney, 1-2 p.m., Charney Hall Room 205 NOVEMBER 14: La Raza Student-Alumni Mixer, 6-9 p.m., RSVP required NOVEMBER 27: Giving Tuesday, Support Santa Clara Law, all day DECEMBER 4: Swearing-In Ceremony, 5-7 p.m., Mission Santa Clara For more details, visit law.scu.edu/alumni/alumnievents. We send a monthly email to alumni with events and other updates. Please be sure that we have your preferred email address by sending a message to lawalumni@scu.edu.
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CLOSING ARGUMENTS
LIONIZING COLUMBUS FOR “DISCOVERING” AMERICA NEGLECTS THE CONTRIBUTIONS OF NATIVE AMERICANS B Y M A RG A R E T M . RU S S E L L , P RO F E S S O R O F L AW A N D I N T E R I M A S S O C I AT E P ROVO S T F O R D I V E R S I T Y A N D I N C L U S I O N AT S A N TA C L A R A U N I V E R S I T Y
The question of whether Indigenous Peoples Day should replace Columbus Day as an official government holiday should ultimately be one of democratic governance. Although some trace precursors of Columbus Day as far back as the late 18th century, the process of making it a state and federal holiday did not occur until the early 20th century. It achieved federal holiday status in 1934 by congressional enactment during the administration of President Franklin Delano Roosevelt. Columbus Day is most commonly associated with the arrival of Christopher Columbus in the Americas in 1492, as well as with a celebration of Italian-American heritage. In my view, celebrating Italian-American culture is both glorious and delightful, but lionizing Christopher Columbus for his “discovery” of America is misguided. Herein lies the story of the development of Indigenous Peoples Day: the desire to acknowledge that the story of this nation did not begin with the arrival of Columbus. Recognizing Indigenous Peoples Day offers an opportunity to restore Native Americans to their rightful place at the center of the American story. “An unattended wound gets infected.” This observation from writer Tommy Orange in There There, his novel about contemporary Native American urban life, is a succinct assessment of why it is important to acknowledge the historical and present-day harms inflicted upon Native Americans. Amidst the rancorous and painful divisions in the United States today, there is a great need for truth, reconciliation, and healing. We cannot reach these goals without being straightforward about basic facts underlying our country’s origins and expansion. Indigenous Peoples Day takes us a step forward by recognizing that the Americas were inhabited before Columbus arrived, and by honoring Native American history and culture. If we are to create a society of equality and respect, it is essential to resist the temptation to obscure or devalue the significance of Native Americans. Nelson Mandela, in speaking of the atrocities of his own country, South Africa, commented: “True reconciliation does not consist in merely forgetting the past.” The United States has its own record of atrocities. The emergence of Indigenous Peoples Day reflects a willingness to face up to our past with the hope of building a better future. 28 SANTA CLARA LAW | FALL 2018
One misconception of Indigenous Peoples Day is that it is just a faddish indulgence of the left. In fact, it is celebrated across the United States as a city or state holiday in numerous locations based on local grass roots efforts. South Dakota was the first state to designate the second Monday of October as Native Americans’ Day, in early 1990 under Gov. George S. Mickelson, a Republican. This South Dakota law, and the designation of a statewide “Year of Reconciliation,” was the result of hard work spearheaded by Native American advocates Tim Giago, Harold Iron Shield, Birgil Kills Straight, Lynn Hart, and others. The final bill was the result of legislative compromise, but its text is clear: “Native Americans’ Day is dedicated to the remembrance of the great Native American leaders who contributed so much to the history of our state.” Today, four states—Alaska, Hawaii, Oregon, and South Dakota—have replaced Columbus Day with some version of a day of recognition of indigenous peoples. More than 50 cities from a diversity of states across the country have joined them, including cities in New York, Connecticut, Maine, Oklahoma, Texas, Georgia, West Virginia, Utah, California, and Tennessee. A few municipalities recognize both; others have chosen a day other than the second Monday in October to recognize Native Americans. But ultimately, one or two days of recognition of the history and culture of Native Americans is only a beginning. True progress is measured by hard work on an ongoing basis. This requires recognizing and addressing the issues faced by the approximately 1 to 2 percent of the U.S. population who identify as Native American: higher rates of suicide, diabetes, tuberculosis, alcohol addiction; higher rates of violence against women; higher rates of poverty, to name a few. Ultimately, Indigenous Peoples Day is just one opportunity for Americans to educate ourselves fully about both the origins of our country and the tremendous gift of culture that Native Americans have given us. As is true with the many cultures in our country, there should be more than one day of the year to celebrate, honor, and heal. NOTE: This op-ed appeared in the Los Angeles Times on Oct. 4, 2018, as well as nearly 30 other publications or news sites nationwide including the Chicago Tribune.
A CALL TO REFORM CORPORATE GOVERNANCE LAW B Y D AV I D Y O S I F O N , P RO F E S S O R O F L AW, S A N TA C L A R A U N I V E R S I T Y S C H O O L O F L AW
From railroads to smartphones, basic needs and delights alike have been served by corporate operations. But the corporation has also catalyzed menace, orchestrating exploitation of some people on behalf of others, polluting nature and culture, and subverting our democratic politics. The achievements and disgraces of corporate conduct can both be attributed, in part, to its legal design. We can improve upon that design. To thrive as a species, to prosper as a nation, to flourish as individuals, we must have what is good in corporate law. And we must be rid of what is corrupting in it. In the United States, the fundamental law of corporate governance is that firms must be managed in the best interests of shareholders. Corporate directors may not sacrifice profits in order to advance the competing interests of workers, consumers, the environment, or anything else. Sometimes the most profit can be made by behaving in a socially responsible way, but not always. Proponents of “shareholder primacy” insist that corporate overreach in pursuit of profits should be dealt with by government regulation, such as labor laws, environmental protections, and the like. But corporations pursue profits both in markets and in the halls of Congress, where they work to stunt the very regulations that shareholder primacy proponents promise can force firms to pursue profits in a socially useful way. If we cannot keep corporations out of our democracy, then we must have more democracy in our corporations. We must reform our corporate governance law to require the directors of our largest firms to consider the interests of all corporate stakeholders, and not just shareholders, in corporate decisionmaking. The law of corporate purpose should be regarded as a basic fulcrum of social policy, but it hides in plain sight in our social and political discourse. Politicians blame powerful corporate interests for blocking this or that regulatory change, but the reproach always takes the form of moralistic shaming of corporations for being mean or greedy, as if corporations are doing anything other than what the law of shareholder primacy compels them to do. They could do other than what they are doing, if we altered the law of corporate governance.
Law is a provisional truce. People on both the left and the right—from socialist-leaning anticorporate Bernie Sanders supporters, to nationalist-leaning anti-corporate Donald Trump supporters—seem fed up with corporations, and appear to be galled in particular by the selfish, myopic nature of corporate political activity. Behind this animosity is an unarticulated dissatisfaction with the narrow, shareholder-focused agenda of the prevailing corporate governance system. I believe that a reform of shareholder primacy, in favor of more stakeholder-oriented corporate governance, could prove satisfactory enough to keep a dissatisfied public from seeking more destructive alteration of the status quo. We must safeguard the corporate instrument against its own worst tendencies, which might otherwise spur radical political action that will destroy it, and maybe destroy much more. When Corporate Friction was published in May, it came out as an academic book. Like many academic writers, I hoped the book might contribute to active public policy discourse. That hope may find opportunity sooner than I had imagined. In August, Senator Elizabeth Warren of Massachusetts filed a bill called the Accountable Capitalism Act (ACA), which would significantly reform corporate governance of the largest American firms (those with more than $1 billion in annual earnings) in ways similar to what I suggest in the book. While Warren’s legislation is unlikely to become law very soon, the issue of corporate governance reform is becoming more salient in our politics. Corporate Friction might be read as an explanation for why reforms such as those called for in Warren’s ACA are both necessary and plausible. NOTE: The above is an excerpt from Corporate Friction: How Corporate Law Impedes American Progress and What To Do About It, by David Yosifon (Cambridge University Press, 2018).
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Congratulations to the Santa Clara Law Graduating Class of 2018!