Minnesota Law Magazine | Spring 2023

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Guardians of Good Governance

As trusted boardroom advisors, Minnesota Law alumni help companies and nonprofits avoid legal pitfalls and build better cultures

SPRING 2023 THE UNIVERSITY OF MINNESOTA LAW SCHOOL MAGAZINE LEE MITAU ’72, CHAIRMAN OF THE BOARDS OF GRACO, INC. AND H.B. FULLER COMPANY LAW SCHOOL NEWS Minnesota Law launches two new legal clinics ALUMNI Q&A Meet Emily Lekahal ’16, Assistant General Counsel of the Tampa Bay Buccaneers THEORY IN PRACTICE The impactful work of Professor Tom Cotter is spotlighted +

DEAN

Garry W. Jenkins

INTERIM DIRECTOR OF COMMUNICATIONS

Monica Wittstock

DIGITAL MARKETING AND DESIGN SPECIALIST

Julie Longo

EVENTS AND EVENT

MARKETING MANAGER

Olivia Kurtz

WEB CONTENT SPECIALIST

Riley Grittinger

CHIEF ADVANCEMENT OFFICER

David L. Jensen

DIRECTOR OF ALUMNI RELATIONS AND ANNUAL GIVING

Lizzy Beghelli

DONOR RELATIONS SPECIALIST

Anderson Lamp

COPY EDITOR

Kathy Graves

CONTRIBUTING WRITERS

Mark A. Cohen

Dan Heilman

Suzy Frisch

Kathy Graves

Ryan Greenwood

Cathy Madison

Todd Nelson

Charles Williams

PHOTOGRAPHERS

Jayme Halbritter

Jay Mallin

Tony Nelson

Cory Ryan

Caroline Yang

COVER PHOTO

Cory Ryan

ILLUSTRATOR

Robert Ball

DESIGNER

Erin Gibbons, Launch Lab Creative

2022–23

BOARD OF ADVISORS

Barbara Jean D’Aquila ’80, Chair

Joshua L. Colburn ’07, Chair-Elect

Jeanette M. Bazis ’92, Immediate Past Chair

Joseph M. Barbeau ’81

Brandon L. Blakely ’18

B. Andrew Bednark ’02

The Honorable Nancy E. Brasel ’96

Rachel S. Brass ’01

Rjay J. Brunkow ’04

Laura G. Coates ’05

Coré S. Cotton ’89

Annamarie Daley ’84

Timothy E. Grimsrud ’04

The Honorable Natalie E. Hudson ’82

Ronald E. Hunter ’78

Nora L. Klaphake ’94

Christopher K. Larus ’91

Juanita (Nita) Bolland Luis ’77

Greg J. Marita ’91

Catlan M. McCurdy ’11

Pamela F. Olson ’80

James W. Poradek ’98

Jami Rahman ’03

Michael L. Skoglund ’01

James H. Snelson ’97

Hema L. Viswanathan ’05

Renae L. Welder ’96

Emily M. Wessels ’14

Wanda Young Wilson ’79

Bruce Wojack ’85

Minnesota Law is a general interest magazine published in the fall and spring of the academic year for the University of Minnesota Law School community of alumni, friends, and supporters. Letters to the editor or any other communication regarding content should be sent to Monica Wittstock (witt0265@umn.edu), Interim Director of Communications, University of Minnesota Law School, 229 19th Avenue South, 417 Mondale Hall, Minneapolis, MN 55455.

The University of Minnesota shall provide equal access to and opportunity in its programs, facilities, and employment without regard to race, color, creed, religion, national origin, gender, age, marital status, disability, public assistance status, veteran status, sexual orientation, gender identity, or gender expression.

© 2023 Regents of the University of Minnesota. All rights reserved.

THE UNIVERSITY OF MINNESOTA LAW SCHOOL MAGAZINE

The Mission Goes On

SEVEN YEARS AGO, WITH A JOYOUS HEART AND A SENSE OF OUR SHARED MISSION, I joined the welcoming and warm community at Minnesota Law. And so, it is bittersweet to write my final magazine column as dean and prepare to assume the presidency of Bates College in Lewiston, Maine, later this summer.

When I started as dean in 2016, Minnesota Law and legal education faced a challenging environment. Still reeling from a tight job market, persistent media critiques that questioned the value of a legal education, and unprecedented student application and enrollment declines, the Law School was left to grapple with significant fiscal issues. In fact, the New York Times had just published a piece portraying Minnesota Law as an example of law schools’ post-recession struggles.

Today, I am thrilled to share that Minnesota Law is stronger than ever on the occasion of the Law School’s 135th anniversary. Our entering class this year was our most diverse and most academically accomplished class ever, and we are consistently meeting our enrollment goals. We have increased dramatically our support for student wellness and well-being and added more resources to support diversity, inclusion, and belonging. We have eliminated the structural deficit that the Law School faced in 2016, and we have nearly doubled the Law School’s endowment. And we completed the largest fundraising campaign in the history of the Law School, the Driven to Lead campaign, raising $106 million (32.5% more than the goal).

We have also increased support for student outcomes. With that, I am thrilled to report that our Class of 2022, our most recent grading class, has achieved record employment rates, with 97% of graduates working in full-time, long-term JD-required/JD-advantage jobs or enrolled in graduate programs. Additionally, our bar passage rate is among the highest in the nation, at 97% for first-time bar takers (Minnesota, July 2022 exam).

To be clear, these are shared accomplishments due to our collective hard work, collaboration, and commitment to this great Law School. Our extraordinary faculty, dedicated staff, engaged students, and all of you, our amazing alumni, are integral to our continued progress and accomplishments. While my term at the helm of the University of Minnesota Law School is coming to

a close, the strong 135-year story that is Minnesota Law continues. We have made great strides and generated unstoppable momentum on several fronts, but the journey is far from over. In fact, as with all vital institutions, this just means that we will have fresh starts and new beginnings.

In closing, I am filled with gratitude to the faculty, staff, alumni, and, most important, our students for the incredible support of Minnesota Law over these past seven years. I am a lifetime supporter of the Minnesota Law community and will be cheering you on from Maine.

Onward and upward!

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FROM THE DEAN
2 MINNESOTA LAW SPRING 2023 FEATURES 16 SPRING 2023 CONTENTS 1 FROM THE DEAN The Mission Goes On 4 FOR THE RECORD 4 In Brief 5 MondaleMoments 6 8th Annual MLK Convocation 7 Tax Clinic Has Record-Breaking $1M Year 8 Civil Rights Appellate Clinic Submits Second Amicus Brief with SCOTUS 9 Law School Launches Gun Violence Prevention Clinic 10 Minnesota Law Establishes Racial Justice Milestone Program 12 New Law Library Digital Exhibit Law Books and Legal Education at Minnesota Law 14 Impact of Giving The Sieben Family Cultivates a New Generation of Public Service Lawyers 22 Expert Faculty Give Their Governance Guidance Minnesota Law is a national hub of organizational governance scholarship and teaching 24 Dean Garry W. Jenkins A Lasting Legacy of Law School Leadership 28 A Global Groundbreaker Meredith McQuaid ’91 to Retire Guardians of Good Governance As trusted advisors, Minnesota Law alumni help organizations and their boards avoid legal pitfalls and build better cultures 10 24

FOCUS

ALL RISE

40 Leading Questions

A former teacher with a love of literature and writing, Philip de Sa e Silva, 2L, is the incoming editor-in-chief of the Minnesota Law Review

42 Mapping Out the Global Outlook on Reproductive Rights Fabiola Gretzinger ’22, a Robina Post-Graduate Fellow at the Center for Reproductive Rights

We’re # 1! The Fighting Mondales hockey team win the Golden Gavel 48

50 RAISING THE BAR

50 Alumni Interrogatory

Emily Lekahal ’16 Assistant General Counsel Tampa Bay Buccaneers

52 Serving the President and People of Palau

Lauren Henry ’11 is the top legal advisor of the leader of the small island nation

54 Class Notes

58 Recent Gifts

61 Tributes

63 In Memoriam

64 Why I Give Jim Rustad ’67

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Theory at Work: The IP Professor and Practitioner With his patented unflappable and approachable demeanor, Prof. Tom Cotter is passionately pursuing the new frontiers of intellectual property 32 Faculty News & Honors 34 Author in Question Professor Stephen Meili publishes The Constitutionalization of Human Rights Law 36 Curricular Innovation Law in Practice recognized as an innovation leader in practical skills training 39 Faculty By The Numbers 40
FACULTY
30
Student News
44
46 Big Picture
TORT Presents: 20th Annual Musical Production TORTanic
34 50 42

Jones Day Partners with Law School for Diversity Fellowship

The University of Minnesota Law School, with the generous support of the global law firm Jones Day, has established a new scholarship and fellowship program to enhance the development of a robust pipeline of diverse talent at the Law School and in the Twin Cities legal community. The Jones Day Diversity Fellowship provides the recipient with:

• A full-tuition scholarship for all three years of study at the University of Minnesota Law School

• The opportunity to work at Jones Day as a 1L and 2L summer associate

• Mentorship from Jones Day attorneys throughout the recipient’s time at the law school

• Consideration for full-time employment at Jones Day after graduation.

Garry W. Jenkins, dean and William S. Pattee Professor of Law at the University of Minnesota Law School, said, “We are honored that Jones Day is investing time and resources in our outstanding students and demonstrating a strong commitment to diversifying the profession.”

Professor William McGeveran Named Interim Dean of Minnesota Law

Professor William McGeveran, Gray, Plant, Mooty, Mooty & Bennett Professor of Law, has been named interim dean of Minnesota Law. He will serve as interim dean during academic year 2023-24 while the University conducts a search for a permanent dean. University of Minnesota Executive Vice President and Provost Rachel T.A. Croson announced that McGeveran will “serve as the chief academic and executive officer for the Law School, providing consensus-driven leadership and ensuring the priorities of the Law School’s mission continue.”

The Dean Garry W. Jenkins Scholarship Fund

With a lead gift from Jim ’89 and Julie ’90 Chosy, alumni and friends have established the Dean Garry Jenkins Scholarship Fund in honor of Dean Jenkins’ leadership, vision, and service at the University of Minnesota Law School.

Professor Allan Erbsen Delivers the Popham, Haik, Schnobrich/Lindquist and Vennum Professor of Law Appointment Lecture

To an audience of faculty, staff, family, and friends, Professor Allan Erbsen delivered the Popham, Haik, Schnobrich/Lindquist and Vennum Professor of Law appointment lecture on “Horizontal Federalism and Contemporary Constitutional Controversies.” In his talk, Erbsen explored how the instability of modern doctrine is evident in several salient contexts, including potential post-Dobbs constraints on interstate travel, regulation of labor and agricultural practices by nonresident businesses, taxation of e-commerce, and limits on personal jurisdiction. Professor Erbsen teaches and writes in the areas of civil procedure, federal courts, and constitutional law.

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in BRIEF
Prof. Allan Erbsen Prof. William McGeveran Dean Garry W. Jenkins Minnesota Law is #UMNProud to announce that 97% of the Class of 2022 are employed in gold standard jobs. To contribute the Dean Garry W. Jenkins Scholarship Fund, visit: z.umn.edu/JenkinsScholarship

MondaleMoments

1 Dean Garry W. Jenkins joined Associate Justice Paul C. Thissen; Associate Justice Margaret H. Chutich; Associate Justice G. Barry Anderson ’79; Chief Justice Lorie Skjerven Gildea; Associate Justice Natalie E. Hudson ’82; Associate Justice Anne K. McKeig; Associate Justice Gordon Moore; and the 1L class for an oral argument.

2 1Ls Fariza Hassan and Alessandra Wilson took time to enjoy a visit to the Walker Art Center in Minneapolis.

3 2L Annie Brooking and friends braved minus zero wind chills to try ice fishing.

4 Law students volunteered at Habitat for Humanity for the annual Raise the Bar Day of Service event.

5 Incoming editors of the Minnesota Law Review. Back row: Philip de Sa e Silva, 2L; Mary Flemming, 2L; Evan Dale, 2L; Samuel Ferguson, 2L; Carly Heying, 2L; and Christopher Beach, 2L. Front row: Chad Nowlan, 2L, and Lucy Chin, 2L.

6 Professor Carbone’s 1L property class celebrated the completion of their midterm at Stub and Herbs.

7 In February, Admissions held a reception for admitted students at SPIN, a ping pong social club in Washington, D.C. Fabiola Gretzinger ’22, Cayla Ebert ’18, and Devon Driscoll ’18 attended.

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A View from the Mountaintop

“His legacy has a way of suggesting that the heavy lifting has been done,” said Ghee in describing current perceptions of King and his work.

NEKIMA LEVY ARMSTRONG, a Minneapolis civil rights attorney and activist, engaged in a lively discussion about social justice and Rev. Dr. Martin Luther King Jr.’s legacy for the Law School’s eighth annual MLK Convocation on January 19.

Garry W. Jenkins, dean and William S. Pattee Professor of Law, introduced the hour-long program, “A View from the Mountaintop: Reflections on Social Justice in Today’s World,” structured as conversation between Armstrong and Ra’Shya Ghee ’13, assistant dean of diversity, equity, and inclusion.

Armstrong and Ghee did not pull punches about how Rev. Dr. Martin Luther King Jr.’s message has been diluted and distorted over the years.

“People see King today as a widely beloved figure,” said Armstrong. “But often we’re given an inaccurate version of Dr. King. We have to deconstruct his words and not sell ourselves short by accepting a shadow of the truth.”

Armstrong referred to the changes that have taken place in the 55 years since King’s death as “crumbs” when measured against the sweeping changes that still need to happen in American society to achieve racial justice.

Armstrong pointed to mainstream society responses to protests related to the deaths of Trayvon Martin, Michael Brown, George Floyd, and others as examples of how much work there still is to do, and even how things may have regressed.

“People didn’t think the fighting and organizing were necessary in Dr. King’s time, and a lot of people now feel the same way,” Armstrong observed. “People have a habit of taking in incidents of racial injustice like they’re reading a novel instead of trying to imagine what it’s really like to live through those things.”

Understanding King’s Message Armstrong also noted lack of progress on other issues, such as affordable housing and a guaranteed livable wage.

“These are things that, in the 2020s, we are still talking about,” she said. “And not just in southern states — right here in Minneapolis. We owe [King] a debt that’s more than taking out a day to celebrate an anemic version of his life, but actually doing the work that he said was necessary to bring about a more equitable society.”

Armstrong said one issue is the relative passivity of white moderates when it comes to speaking out and acting on racial issues. While it’s easy to condemn the Ku Klux Klan and overt incidents of brutality by police, the concern often tends to stop there, she added.

“We’re frozen in time when it comes to the real conversation,” Armstrong said. “We’re comfortable knowing that one day a year, if we go to a breakfast or work on a service project, that’s enough. When it comes to practicing law, too often these issues are segregated to civil rights law. We have a mandate to do this work.”

A more recent hurdle is the ongoing backlash against and distortions about Critical Race Theory, the Black Lives Matter movement, and the general idea of being “woke,” which some leaders and public figures have turned into a pejorative term, Armstrong said.

“Some of the legislation we’re seeing doesn’t even permit us to talk about race even as we had been, which wasn’t even sufficient,” Armstrong observed.

Where We Go from Here

The last book King wrote before his death was Where Do We Go From Here: Chaos or Community? Armstrong and Ghee agreed that his question is nowhere near being answered, and our institutions – including our educational systems – are to blame. Armstrong argued that, more than ever, concerned people have to transcend what they might be told in school.

“Much of what we’re taught is by design,” said Armstrong. “We have to resolve to become truth tellers, and that involves vulnerability, because there’s going to be resistance. Most people don’t want to pay the price.

“This isn’t about who’s a good person and who’s a bad person,” she added. “That has nothing to do with policies and decisions. As long as the majority feels comfortable, they end up thinking that’s peace. It’s not.”

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Eighth annual MLK convocation reflects on Dr. King’s social justice message and the work that remains
Attorney and activist Nekima Levy Armstrong

Tax Clinic Has a Record $1M Year Reducing Taxpayer Liabilities

THE LAW SCHOOL’S RONALD M. MANKOFF TAX CLINIC had a record year in 2022 — for the first time ever surpassing the $1 million mark in how much it helped clients reduce their tax liabilities.

The clinic annually files a report with the IRS providing the client liability reduction figure as part of a federal grant that it receives. For years in which records are available, the highest amount the clinic has previously reported was about $572,000 in 2016.

Associate Clinical Professor of Law Caleb Smith, who directs the clinic, said the banner year resulted from “a fair amount of bigger-ticket cases” resolved during the last year rather than an increased volume of cases.

The Tax Clinic aims to help law students develop skills needed to represent low-income taxpayers who have a tax issue. Cases generally include audits of tax returns, filing and trying cases in Minnesota Tax Court and Federal District Court, and bringing taxpayers into collection compliance.

The $1 million-plus result for the clinic, whose roots go back to the early 1980s, is especially impressive considering the tight budget with which is work. The clinic currently receives a $100,000 annual grant from the government, which the Law School matches dollar for dollar. This translates to more than a 5-to-1 return on investment last year.

“We make the most of our budget by more or less working for free,” said Smith.

For some potential clients, the idea of getting high-quality legal help without paying seems too good to be true. “Clients tend to be wary when they hear the words ‘free’ and ‘student,’’ Smith said. “Those reservations usually go away once they’ve worked with us.”

The clinic has customarily had between 80 and 100 open cases, with many of them waiting for the IRS to come to a resolution. During the pandemic, that number increased as the IRS fell behind in its ability to address cases.

One case came the way of Maysa Alqaisi, 3L. She helped draft a petition before the U.S. Tax Court on behalf of a low-income client who had been erroneously held accountable for taxes on a medical settlement that the client was not a party.

After the court read the petition, the IRS conceded that the client was caught up in the case via clerical missteps, and the matter was settled out of court.

“It was an important exercise for me to draft a court document,” said Alqaisi, who is a clinic student director this school year. “Our client was more than relieved to have her story heard and understood.”

Students in the clinic generally take on between three and five cases during the clinic. They have weekly status meetings with Smith and the student director who’s assigned to a given case. Once drilled in the

fundamentals during the fall semester, students participate in community education and outreach events during the spring.

“A lot of my students are in their second or third year,” said Smith. “Once they graduate, they’ll start getting paid really well by clients who can afford to pay for the skills they develop here.”

Smith said that in the future he would like to have a fellow in the program — possibly an attorney to help with outreach.

“Clients usually don’t assert their right to litigation because tax law is confusing,” he said. “I’d like to see us focus more on cases that might be precedential and have nationwide applications.”

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Minnesota Law's Ronald M. Mankoff Tax Clinic reduced taxpayer liabilities by more than $1 MILLION in 2022. Maysa Alqaisi, 3L Prof. Caleb Smith

Civil Rights Appellate Clinic Submits Second SCOTUS Amicus Brief

The clinic represents groups supporting the water access rights of the Navajo Nation in the case

JUST MIDWAY THROUGH ITS FIRST FULL SEMESTER OF OPERATION, Minnesota Law’s new Civil Rights Appellate Clinic

filed its second amicus brief to the U.S. Supreme Court.

The clinic’s newest brief was submitted in the consolidated cases of Arizona v. Navajo Nation and Dep’t of Interior v. Navajo Nation, which present a major water rights issue with significant implications for both the Navajo Nation and federal Indian Law.

The brief was filed on behalf of two water access and relief organizations, the DigDeep Right to Water Project and the Utah Tribal Relief Foundation, in collaboration with four other subject matter experts. The amici contend that the United States has a trust obligation to ensure that the Navajo Nation has access to clean water, necessary for residents “to live on their permanent homeland with dignity and prosperity,” as the United States promised

in its 1849 and 1868 treaties with the Navajo Nation.

Visiting Assistant Professor of Law Elizabeth Bentley directs the clinic and is supervising the six students in this inaugural class. She said she became interested in the Navajo case when she learned about the pervasiveness of water insecurity in the Navajo Nation. At least 30 percent of its residents have no running water in their homes, and the water that is available to them is often heavily contaminated and must be hauled from great distances before being carefully rationed. According to the amici, some Navajo residents survive on as few as two to three gallons of water per day, as compared to 88 gallons per day for the average American.

After the Navajo Nation sued the United States to allege a breach of its trust duty, Arizona, Colorado and Nevada, as well as other local government entities, intervened to assert their interest in the water supply.

When the U.S. Court of Appeals for the Ninth Circuit ruled in favor of the Navajo Nation, the federal and state parties successfully petitioned the U.S. Supreme Court for review.

Case-Selection Process

In determining whether the case was a good fit for the clinic, Bentley says she first asked whether it aligned with the clinic’s mission statement: “Through the clinic’s seminar and casework, students will develop appellate advocacy skills while working to ensure that every individual has the opportunity to live as their fullest self with dignity and respect. Our cases will harness the impact of the appellate courts in an effort to protect and expand individual rights and to make our systems of government more fair and just.”

Bentley then focused on the student experience. “When we take on a case, we want to make sure that our students can draft all or portions of the brief, do important research,

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Students enrolled in the Civil Rights Appellate Clinic had the opportunity to attend the U.S. Supreme Court arguments on March 20. Pictured are (from right to left): 2Ls Tyler Blackmon, Earl Lin, Ciara McManus, and Philip de Sa e Silva. Photo: Jay Mallin

and actively participate in the case by having meaningful interactions with our clients, co-counsel, and community partners,” she said. Because the clinic is a one-semester class, Bentley also seeks to identify cases in which the bulk of the research and writing can be completed in a single semester.

Student Perspective

2Ls E. Isabel Park and Ciara McManus, who worked on the DigDeep and Utah Tribal Relief Foundation amicus brief, interviewed the clients to collect stories about how water insecurity affects Navajo residents’ daily lives, helped draft portions of the brief, and edited and refined the brief to ensure it was Supreme Court quality. To round out their clinic experience, Bentley said she will assign both students to a different aspect of appellate brief writing with their next project.

“Working on the amicus brief was a great way to see how appellate litigation works in practice and to further develop my writing and research skills,” Park said. “It deepened my interest in this area of the law.”

McManus added, “It has been a fulfilling experience to have a tangible impact on the lives of those in the United States without access to clean water. Through the Civil Rights Appellate Clinic, I have had the opportunity to work alongside inspiring individuals and organizations committed to promoting justice and equality.”

Several students enrolled in the clinic, including McManus and Park, traveled to Washington, D.C. to see the case argued before the U.S. Supreme Court on March 20. In a thrilling moment for the students, counsel for the Navajo Nation referenced the clinic's amicus brief by name during the arguments in a colloquy with Justice Alito about the amount of water used on the Navajo Nation as compared to surrounding states.

Law School Launches Gun Violence Prevention Clinic

MINNESOTA LAW LAUNCHED

a Gun Violence Prevention Clinic in January. The clinic is believed to be the first in-house law school clinic in the nation with a focus on promoting gun violence prevention through strategic litigation.

The clinic utilizes student pro bono legal work to support and litigate cases that help reduce injuries, deaths, and trauma resulting from gun violence. A three-year pilot project, the clinic seeks to spur law school and law student engagement in firearms law and the Second Amendment; establish a home for gun violence prevention litigation in the Great Lakes area; and grow the pool of litigation expertise and legal resources available for Second Amendment and gun violence prevention matters.

“Firearms law is currently one of the most dynamic and rapidly changing areas in the law,” said Visiting Clinical Professor Megan Walsh, who serves as director of the clinic. “Yet there are not enough litigators with expertise in the field, and law schools and legal scholars are under-engaged in Second Amendment issues. The Gun Violence Prevention Clinic will contribute to bridging both of these interrelated gaps.”

With gun-related deaths at record highs, preventing gun violence is a critically important issue in Minnesota and the nation,” said Garry W. Jenkins, dean and William S. Pattee Professor of Law at the University of Minnesota Law School. “This novel and exciting new clinic allows students to have a real-world impact on addressing the epidemic of gun violence, while honing their practical skills and developing a deep reservoir of knowledge on Second Amendment jurisprudence.”

The Gun Violence Prevention Clinic partners with the Minnesota Attorney General’s Office on Second Amendment cases and on affirmative litigation brought by the Attorney General to reduce gun violence in Minnesota. This partnership gives students the opportunity to work with the Attorney General’s office to create safer communities in Minnesota through litigation, with the students serving as Special Assistant Attorney Generals under the supervision of the clinic.

"We all have a role to play in urgently putting an end to the epidemic of gun violence in America,” said Minnesota Attorney General Keith Ellison ’90. “My office has been innovating by using civil tools to hold negligent gun sellers accountable, and this partnership is another innovation.”

The clinic was made possible through the support of The Joyce Foundation, McKnight Foundation, and other funders.

"We’re proud to support this new clinic and its innovative approach to keeping communities safer from gun violence, as well as training future lawyers who will likely play a critical role in litigating future Second Amendment cases," said Tim Daly, Joyce's Gun Violence Prevention and Justice Reform program director.

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Prof. Megan Walsh

Minnesota Law Establishes Racial Equity and Justice Milestone Program

Participating students will gain a deeper understanding of the historical and current contexts of racial injustice

STUDENTS ENTER MINNESOTA

LAW with widely divergent knowledge and experience with racial injustice and its history in the United States. This often makes it difficult to explore the many ways race and racism interplay with the American legal system and society at large. Seeking to provide all students with a baseline understanding of race and the law, Minnesota Law last fall launched its Racial Equity and Justice (REJ) Milestone program.

Through self-study, discussion groups, and experiential learning, students participating in the REJ Milestone program will gain a deeper understanding of the historical and current contexts surrounding racial injustice. The voluntary program aims to widen students’ understanding of the relationship between race and American law, while identifying and working to minimize biases, says Ra’Shya Ghee ’13, assistant dean of diversity, equity, and inclusion.

The milestone’s teachings aim to make classroom discussions more productive and profound while preparing students for their legal careers. The program also helps Minnesota Law meet the American Bar Association’s new accreditation standards that all law students have educational opportunities related to cross-cultural competency, bias, and racism.

Minnesota Law embarked on creating the milestone with Ghee last year while she was teaching a course on Race and American Law at the Law School. Ghee, who has consulted and spoken on cross-racial coaching and racial equity, believes that an

essential way for institutions to actualize their racial equity and justice goals starts with providing an entry point for learning and meaningful discussions.

“I really think a shared understanding is so important,” Ghee says. “We thought about what it would mean for the Law School to provide some kind of knowledge base for the entire community that we can use as a shared departure point to engage in discussions and questions about race and American law.”

Minnesota Law students have been asking for more education and discussion in the classroom about racial equity, says Jay Wong, assistant dean of students. The program progresses chronologically from the precolonial era and the American Revolution, through the Civil War and Civil Rights era, to today, examining the role and impact of the law on race.

Discussing race and equity can be uncomfortable for people but participating in the milestone and its discussion groups will provide students with safe spaces to engage, Wong says. The experience also will help future lawyers better relate to their diverse clientele, understand their life experiences, and advocate for them more effectively, he adds.

10-Module Format

To earn the milestone, students must complete ten modules, participate in an in-person dialogue called a debrief, and engage in five electives. Options include leading a student affinity organization, attending an affinity organization event, or

participating in a workshop on working in diverse environments. Students who complete the requirements will have the REJ milestone noted on their transcript.

Nubia Esparza, senior coordinator of diversity and student programs, says that the milestone structure also recognizes the time and energy many students from underrepresented and marginalized backgrounds invest in affinity group leadership—an important benefit.

“Affinity organization leaders take on a lot of work to educate the student body about different issues that BIPOC and students from marginalized identities experience related to law,” Esparza says. “The milestone also meets students where they are, especially if they are early in their understanding of how race and law intersect and haven’t experienced any of the isms that our marginalized students have.”

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THE RECORD
Photo: Tony Nelson

Considering the Impact of Policies

Kelli Johnson, 1L, says she is thrilled to have the opportunity to deepen her understanding of how racial disparities are perpetuated in many aspects of law and society. The milestone’s modules and reading materials, such as the book Fatal Invention, got her thinking more deeply about race and law. She is grateful that Minnesota Law now offers the milestone because so much legal education focuses on doctrinal matters.

Johnson previously worked in health care finance, and she sees in retrospect how little attention was paid to serving marginalized communities.

“As you go through the program, you recognize the power you will have as a lawyer to shape the policies and laws that will govern the people of the future,” Johnson says. “You come to understand there are things that

you need to take into consideration like the impact it can have on marginalized groups.”

Making Students Better Lawyers

Esparza notes that one goal of the milestone program is to provide Minnesota Law students the tools they need to serve clients of all backgrounds and to address racial disparities through the law.

“We are hoping that by providing this opportunity that our students will take their learning forward and be amazing advocates for their clients, to be able to empathize with them, defend them vigorously, and really be a part of the change that many folks are looking for in the legal system,” she says.

With this milestone program, as well as other opportunities such as the new Racial Justice Law Clinic and the Race-Informed Study

Experience—a Structured Study Group program introduced in 2021—Minnesota Law is expanding its focus on racial justice work.

“I think the world we say we want, we have to build,” Ghee says. “It requires all of us to participate in the building. This is one of the ways the Law School is doing that.”

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Ra’Shya Ghee '13, who became assistant dean of diversity, equity, and inclusion last summer, began developing the Racial Justice Milestones Program while she was teaching at the Law School in 2021. Senior Coordinator of Diversity and Student Programs Nubia Esparza Assistant Dean of Diversity, Equity & Inclusion Ra'Shya Ghee '13 Kelli Johnson, 1L

New Law Library Digital Exhibit:

Law Books and Legal Education at Minnesota Law

THE LAW LIBRARY HAS RELEASED A NEW DIGITAL EXHIBIT, “Tools of the Profession: Law Books and the History of Legal Education,” on the Library’s growing Digital Special Collections platform. The digital exhibit, a companion to the physical exhibit currently open in the Riesenfeld Rare Books Research Center, showcases legal education across the ages, viewed through the lens of significant treatises, casebooks, student notebooks, and other archival items set in their historical contexts.

Coinciding with the 135th anniversary of the Law School, the exhibit focuses on the history of legal education at the University of Minnesota. It features material from the Law School Archives from 1889 to 1978, the year the Law School moved to Mondale Hall.

From the beginning, innovation has driven legal education at Minnesota Law. The oldest casebook in the exhibit, an 1896 work on contracts by Dean William S. Pattee, highlights the then-new case method of instruction introduced by C. C. Langdell at Harvard. Another early piece, a course bulletin from 1889, lists first-year courses still familiar to any student today.

During the first decades of the 20th century, the Law School gained a national reputation under the leadership of Deans William Vance and Everett Fraser. With the appointment of Dean Vance in 1911, the case method was fully adopted and a new emphasis was placed on legal practice and professionalism. In 1913, Vance established a relationship with the Legal Aid Society of Minneapolis, creating one of the first clinical law programs in the country.

The Minnesota Plan

During Dean Fraser’s 28-year tenure (1920-1948), the Law School became an influential national model for legal education. In 1930, Dean Fraser initiated the Minnesota Plan, a major reform requiring two years of undergraduate study followed by four years of law school education. Other American schools soon followed in Minnesota’s footsteps. Fraser's 1937 address to the Minnesota State Bar Association, featured in the exhibit, discusses the merits of the reform. Distinguished faculty, such as stellar Law School graduate Maynard Pirsig ’25, were also recruited.

Although World War II brought severe disruption to legal education across the country, the post-war years saw a boom. At Minnesota Law, returning veterans helped increase enrollment by nearly 500%. In the late 1950s and 60s, new and outstanding faculty expanded course offerings and programs, and curricular changes reinvigorated the Law School. The Minnesota Plan yielded to a shorter, more intensive three-year law program, fully implemented in 1965. The clinical programs were also revitalized, with the Legal Aid Clinic opening in 1957.

Trial Tools

From the post-war period, the exhibit features a series of best-selling study guides by legendary professor Stanley Kinyon, a procedure manual from the Legal Aid Clinic, and Robert Oliphant’s 1978 work, “Trial Techniques with Irving Younger.”

Oliphant, the Law School’s first full-time clinical professor, was instrumental in the development of the Law School’s nationally

recognized program. He captured renowned lawyer (and later faculty member) Younger’s energetic, direct approach to best trial practices in a concise format. Through these and other items, the exhibit invites viewers to reflect on Minnesota Law’s extraordinary achievements in legal education in its first 100 years.

“Tools of the Profession: Law Books and the History of Legal Education,” is open in the Riesenfeld Rare Books Research Center this spring and available in digital form: https://z.umn.edu/8g0m.

The exhibit was curated by Ryan Greenwood, with the assistance of Library staff members Patrick Graybill, Lily Eisenthal, and Joy Brown. For more information, or to arrange a tour of the physical exhibit, please contact Ryan Greenwood at 612-625-7323; rgreenwo@umn.edu.

12 FOR THE RECORD MINNESOTA LAW SPRING 2023
To view the digital exhibit, use this QR code or the URL: https://z.umn.edu/8g0m.

Books from Clarence Darrow's Personal Library

With the acquisition in 2004 of an extraordinary trove of letters by and to Clarence Darrow, the Riesenfeld Center has built the paramount collection of research material about the great American trial attorney. Featuring more than 1,000 letters and extensive printed materials, the Law Library’s Darrow Collection is the most comprehensive in the world. This remarkable collection has recently been augmented by a set of books from Darrow's personal library, some inscribed to close family members. These unique volumes reveal Darrow’s intellectual and literary interests and shed light on the people he cherished.

To read more on these acquisitions, use this QR code or see the Riesenfeld Center Blog: https://z.umn.edu/8g0x

5 2 1 3 6 7 4 13 SPRING 2023 MINNESOTA LAW
1James Paige’s Criminal Law exam (1918). 2Professor Maynard Pirsig (’25). 31973 graduates Wayne Gilbert, Charlie Wikelius, Clarin Schwartz, Gordy Schaller, A Survival Handbook (1971). 4View of the Law School outside Fraser Hall (1950s). 5Law School class of 1901. 6Robert Oliphant, ed., Trial Techniques with Irving Younger (1978). 7James Paige, The Law of Torts Diagrammed (1898).

IMPACT of GIVING

The Sieben Family Cultivates a New Generation of Public Service Lawyers

Michael Sieben ’72
14 FOR THE RECORD MINNESOTA LAW SPRING 2023

PUBLIC SERVICE RUNS DEEP

in the Sieben family. Harry “Tex” Sieben ’68 served in the Minnesota House of Representatives from 1971-1985, the last four as Speaker. His brother Michael Sieben ’72 also served in the Minnesota House from 1973-1982, and their sibling Bill Sieben served as staff attorney for several years to Senator and Vice President Walter Mondale ’56

The next generation has followed suit: Michael’s daughter, Katie Sieben, served in the Minnesota House of Representatives from 2003-07 and Minnesota Senate from 2007-17 and now is chair of the Public Utilities Commission.

It made sense, therefore, that when the family decided to establish a scholarship fund at the Law School, public service was the focus. In 2008, Harry, Michael, and Bill, together with their other sibling, John P. Sieben ’86, and Michael’s daughter, Anne Sieben Wolsfeld ’00, endowed the Sieben Family Scholarship Fund, which has since provided financial assistance to five high-achieving law students who have a strong interest in public service.

“We all had a desire to give back,” says Michael. “We felt very blessed by the education we got at the University of Minnesota and felt an obligation to help people interested in public service. Our father was in public service and set an example for us. It was a part of our upbringing.”

Their father, Harry Sieben Sr., a 1937 graduate of the University of Minnesota, was regional director of the Small Business Administration before he graduated from law school at the age of 52. He eventually became the chief clerk of the United States District Court for the District of Minnesota.

Jocelyn Rimes, 3L, is the fifth recipient of the Sieben Family Scholarship. She says the financial assistance was a significant factor in

her decision to attend the University of Minnesota Law School.

“I came out of undergrad with quite a bit of student loan debt,” she says. “When I visited the Minnesota Law, I liked that it was both highly ranked and had a more collegial atmosphere. I really wanted to go here but the money was a worry. This scholarship got my law school tuition down to a manageable level. It made it a significantly easier decision to come here. I’m really grateful.”

Rimes is working part-time during her third year in law school in the civil division of the Ramsey County Attorney’s Office, where she worked full-time after her first and second years. “I wanted to be exposed to a wide variety of different legal areas, primarily in public service work,” she says. “I’ve gotten hands-on experience and overall it has given me a clearer understanding of how government lawyering works, how it interacts with politics.” Rimes also serves as

This scholarship got my law school tuition down to a manageable level. It made it a significantly easier decision to come here. I’m really grateful.”

articles editor for the Law School’s Journal of Law and Inequality

The Sieben family often meets with its scholarship recipients, Michael says. “I really get a lot out of those interactions. All of us in our family were very fortunate to attend law school at a time when it was more affordable. We graduated without any debt, so we’d like to pass that opportunity onto others who need support.”

15 SPRING 2023 MINNESOTA LAW “
Jocelyn Rimes, 3L Photos: Tony Nelson

GUARDIANS OF GOOD GOVERNANCE

Questionable business practices continue to fill headlines and raise concerns among shareholders, stakeholders, and the public. Recent examples include the corporate chaos surrounding Elon Musk’s Twitter takeover — punctuated by his firing of directors and senior managers — and the collapse of cryptocurrency exchange FTX, whose founder now faces fraud and money laundering charges. In Minnesota, numerous individuals involved with a nonprofit organization have been charged with defrauding the federal government of more than $250 million in food aid intended to feed hungry children during the pandemic.

As trusted advisors, Minnesota Law alumni help organizations and their boards avoid legal pitfalls and build better cultures
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Photo: Cory Ryan

“The world has gotten more complicated and the demands on boards have greatly increased since I was a young director.”

CONT > SPRING 2023 MINNESOTA LAW17

Working largely behind the scenes, Minnesota Law alumni are guiding and advising companies, nonprofits, and their boards of directors on what constitutes good governance. They work in corporate legal departments, provide counsel to private companies and nonprofit entities, and serve on boards. They do so in a complex, rapidly changing world as regulations increase and pressure to act on the climate, diversity, and other environmental, social, and governance (ESG) issues grows.

The ‘CEO Whisperer’

Serving on a corporate board during these challenging times is hardly business as usual, according to Lee Mitau ’72. Mitau has served many years as chair of the board of directors of Graco Inc. and H.B. Fuller Co.

“The world has gotten more complicated and the demands on boards have greatly increased since I was a young director,” says Mitau, retired general counsel for U.S. Bank who also regularly attended board meetings of several publicly held companies while in private practice at Dorsey & Whitney. Mitau’s ubiquitous boardroom presence has led some industry insiders to dub him

“the CEO whisperer,” according to the Star Tribune.

Mitau notes several major changes that have impacted board service, including a requirement that the majority of directors of listed public companies be independent. In addition, regulations enacted in response to corporate governance scandals have increased the complexity of board members’ roles, and those regulations continue to grow with the Securities and Exchange Commission proposing new requirements related to climate and cybersecurity.

“The regulatory demands ratchet up all the time,” Mitau says. “The only place regulators can put these burdens is on the directors. But board members are not in a position to reach down into the company and change things directly. They can only operate through the CEO and the senior management team.”

Even as corporate scandals make news, boards have a hard time policing actual fraud, Mitau says. “If you want to defraud your company and your board, you can get away with it for a while. But putting aside actual fraud, boards still have a duty to step in when they see bad strategy, bad culture, or ethical issues in general. The board should take responsibility for the company’s overall strategy and risk tolerance.”

Focusing on ESG Issues

Cherée Haswell Johnson ’03 is on the front lines of monitoring and reporting on ESG issues. She was chair of the global ESG Steering Committee at Dentsply Sirona, Inc., where she recently completed a stint as senior vice president, chief legal officer, general counsel, and corporate secretary. The company, based in Charlotte, North Carolina, is the world’s largest manufacturer of professional dental products and technologies.

Organizations today simply cannot afford to ignore good corporate governance and ESG compliance, Johnson says.

“There has to be engagement,” Johnson continues. “The repercussion of not engaging is definitely reputational damage, and you will lose investors in many cases. Your stock price can fall. This connection to the financial impact has gotten people’s attention, shareholders’

< CONT
“The repercussion of not engaging is definitely reputational damage, and you will lose investors in many cases. Your stock price can fall.”
18 FEATURES MINNESOTA LAW SPRING 2023
Cherée
Haswell Johnson
’03 Dentsply Sirona

“People, our customers, our other constituents, and communities need to have trust, faith, and confidence in what we’re doing. Otherwise, we’re not going to be successful.”

attention, so there really is no choice. You have to do what’s right for the company because that’s now the expectation, that’s now the standard.”

While companies often touted their ESG efforts, Johnson says shareholders were not necessarily seeing their value in the past. Now she observes there is “a lot more execution than talk” on ESG issues. She expects the governance aspect, which is more challenging to track than environmental or social issues, to get more scrutiny.

Johnson says that companies must assess if they have good governance practices and if they are being applied specifically to ESG. “That governance piece is just as important for ESG as it is for every other part of your business.”

Board members should receive ESG training on environmental aspects, sustainability, and the importance of a diverse workforce, client and customer bases, and board, Johnson says, emphasizing that evaluation of such efforts is key.

Board members also need to hold senior managers accountable for doing what they say they are going to do, she says. They also should have insight into company culture, specifically on ethics and compliance issues, and should ensure that management has sound governance policies and reviews and refreshes those policies regularly. Employees need training as well so all parties understand expectations.

“It's rewarding and impactful work,” Johnson says of her field. “I am grateful to spearhead such an important topic that has the capacity to impact each and every person on this earth. Building our ESG strategy is critical for the long-term value and resiliency of our company.”

Tricky Times for Board Members

Jim Chosy ’89, senior executive vice president and general counsel at U.S. Bank, says these turbulent times make anticipating what’s next tough for board members.

In addition to knowing the company, board members also must be mindful of inflation, recession concerns, supply chain disruption, post-pandemic issues, fluctuating financial markets, roiling domestic and global politics, a tight labor market, climate change, and the growing focus on ESG issues, he says.

“The board’s got an extremely difficult job, I think, more so than ever before,” says Chosy, who has worked in corporate law for three decades, much of that in-house. He advises directors on their duties and responsibilities and also helps prepare for and execute board meetings.

Amid so much change, directors try to focus on traditional board governance matters such as strategy, financial performance, risk management, and long-term planning, he says.

As directors of a large bank, board members receive presentations from a variety of federal regulators. Certain directors — for example, committee chairs — also meet separately with regulators to inform their oversight responsibilities.

Chosy says the organization’s ethics, values, and culture are just as important to the board. Directors partner with senior management and the CEO to set the right tone at the top, especially in the highly regulated banking industry. His legal division at U.S. Bank includes a standalone ethics function, with a global chief ethics officer who oversees ethics across the institution and presents reports on the ethics program at board meetings. U.S. Bank has received recognition as one of the “World’s

CONT > 19 SPRING 2023 MINNESOTA LAW
GOOD GOVERNANCE

Most Ethical Companies” from Ethisphere Institute for eight consecutive years.

“One of our core values is ‘we do the right thing,’” Chosy says. “Trust is foundational and fundamental to the business that we’re in, banking and financial services. People, our customers, our other constituents, and communities need to have trust, faith, and confidence in what we’re doing. Otherwise, we’re not going to be successful.”

The Nonprofit Perspective

Claire Topp ’92, a partner in the Health Group at Dorsey & Whitney who also leads the firm’s nonprofit and tax exempt practice, advises nonprofits on corporate governance.

New charitable organizations often get board members who serve because they care about the nonprofit’s cause, but they do not necessarily have governance experience, she says. Smaller nonprofit organizations sometimes simply fill their boards with friends, thankful to find someone to serve.

Topp trains directors to understand their fiduciary duties — of loyalty, care, and obedience to the organization — the same as applies to for-profit boards.

The duty of care requires directors to be prepared, engaged, and ask the right questions, Topp says. They should not simply rubber stamp the executive team’s plans. Board members must stay apprised of committee work as well.

Under the duty of loyalty, directors must use the nonprofit’s assets to accomplish its charitable objectives, according to Topp. They may not use their position or

the nonprofit’s assets for monetary gain for themselves or family members. Every director should complete a conflict-of-interest policy disclosure statement annually.

The duty of obedience requires board members to abide by the nonprofit’s policies and state and federal laws, Topp says.

When board members get management reports before board meetings, they should make an effort to determine what information they should have but did not receive, she says. A dashboard highlighting the status of issues can help directors identify financial, audit, or compliance trends or problems that need attention.

“Make sure you have the right board members and that you are assessing the makeup of your board in terms of the right level of experience and subject matter knowledge, diversity and inclusion,” Topp says.

Overseeing Risk

Board members should never assume that fraud or scandal could not happen at their company, says Amy Seidel ’98, a partner in the Minneapolis office of Faegre Drinker. Seidel heads the firm’s public companies practice and advises public companies on corporate governance.

“Boards have to conduct oversight continuously so we don’t find ourselves in a situation where problems have festered and then a year later there’s a big exposé that indicates that the board was asleep at the switch,” she says.

Board members establish relationships with members of management, says Seidel. The audit committee chair, for example, could meet with the chief financial officer or the head of internal audit to get a sense of the culture and of possible risks.

< CONT 20 FEATURES MINNESOTA LAW SPRING 2023
“Make sure you have the right board members and that you are assessing the makeup of your board in terms of the right level of experience and subject matter knowledge, diversity and inclusion.”
Claire Topp ’92 Dorsey & Whitney

“I don’t think there’s a company out there that should assume that they’re insulated somehow from having an ethics and compliance issue.”

As interest in ESG issues grows, boards should consider how they will oversee the risks and costs associated with climate change, address consumer preference for climate action, and identify business opportunities in that space, Seidel says.

“The focus on ESG has helped to advance the idea that the long-term value of our organization is going to be dependent on our relationships with our employees, customers, suppliers, and communities,” she says. Boards of businesses incorporated in Minnesota can consider such interests in making decisions under the state’s a multi-constituency statute. These considerations were introduced in the 1980s in response to takeover attempts aimed at the Dayton-Hudson Corp.

“It’s really kind of a takeover defense to say we can decide that this deal is bad for the company because we think it’s going to be bad for employees and for customers even though the dollars that they’re offering might look good for shareholders,” Seidel says.

Compliance Has a Deep Impact

Corporate governance is near and dear to Brita Johnson ’07, who directs the office of ethics and compliance at multinational chemical corporation Dow, Inc. Her office has oversight over investigations globally and works with other departments in conducting investigations and bringing them to resolution. She also informs the board about ethics and compliance issues.

“Whether you’re an employee, whether you’re a customer, or whether you’re a shareholder, you should care whether we’re doing that well because it has a deep impact on whether you want to do business with us, whether you

want to work with us, whether you want to provide services to us,” Johnson says.

Great policies will not do any good without governance structures and systems in place to ensure adherence, enforce rules, and hold accountable those who don’t follow them, she says. She sees examples of corporate ethics and compliance issues in the daily news. “It can happen anywhere, and it takes continuous effort, monitoring, and education, as well as making sure that values do continue in the right direction. I don’t think there’s a company out there that should assume that they’re insulated somehow from having an ethics and compliance issue.”

As the “G” in ESG gains greater attention, shareholders, employees, and customers are pushing for more disclosure concerning ethics and compliance matters, Johnson says. For example, employees and others outside the company can report violations of law or Dow policy through an anonymous hotline. Most reports concern human resources issues, while allegations of misconduct such as fraud or bribery are less common.

Johnson says, “This is an area where you’re never finished with the work.”

UP NEXT: Governance is one of Minnesota Law’s traditional strength areas. Learn more about how faculty are engaging with these critical issues. >

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GOOD GOVERNANCE
Todd Nelson is a freelance writer in Lake Elmo, Minnesota Brita Johnson ’07 Dow
“The focus on ESG has helped to advance the idea that the long-term value of our organization is going to be dependent on our relationships with our employees, customers, suppliers, and communities .”
Amy Seidel ’98 Faegre Drinker

Expert Faculty Give their GOVERNANCE GUIDANCE

Minnesota Law is a national hub of organizational governance scholarship and teaching.

Governance is a strength of the Minnesota Law faculty, with professors who teach, research, publish, speak, and advise on what goes makes for good corporate governance, whether in the classroom or the White House.

Professor Richard Painter, S. Walter Richey Professor of Corporate Law, who served as chief ethics lawyer for President George W. Bush, says personal responsibility is “absolutely critical” to good governance and is particularly essential for those who run large financial institutions and their lawyers.

Painter pushed for a key provision of the SarbanesOxley Act of 2002 requiring lawyers who represent public companies to report known securities law violations, fraud, and breaches of fiduciary duty to the client’s board of directors.

Personal liability should accompany that responsibility, Painter and Professor Claire Hill argued in their 2015 book, Better Bankers, Better Banks: Promoting Good Business through Contractual Commitment

Before 1980, general partners paid out of their own pockets when investment banks failed or faced huge fines, Painter says. Since then, big banks have gone public, and those running them enjoy limited corporate liability and “can act like cowboys with other people’s money,” he adds.

The book proposed remedies that include legislation or company-specific contractual provisions requiring high-ranking officers to pay a portion of fines imposed on the company. Painter and Hill also recommended having directors set rules that require senior officers to pay fines and cover failures personally, and to include such provisions in employment agreements.

Beware the Purported Savant

Beware the hoodie-wearing, unkempt, often male figures who “fit too readily into a story of brilliance,” warns Professor Claire Hill, James L. Krusemark Chair in Law.

“People want to latch onto a certain kind of savant who’s going to take off like crazy,” she says. “But in retrospect we only know who the brilliant people are after a very long time. And even then, they might have been lucky.”

Hill cites numerous examples of companies run by the purported savant that have collapsed, harming shareholders, employees, and sometimes even the broader public. Law isn’t that well situated to address these harms, Hill says, and there is much debate about which of these harms should be within the law’s purview. Hill’s research considers to what extent the debate can be resolved.

She points to Elon Musk’s recent purchase of Twitter. Once Musk had agreed to buy Twitter, shareholders were best served by him going through with the deal as they would get more cash than their shares were reportedly worth. What was the board of directors to do when it seemed that others — certainly employees and, arguably, society at large — would be harmed? After all, the board’s duties are principally to the shareholders.

Hill’s research also considers how other types of companies go wrong and particularly how top-level executives can be held more accountable. She is co-authoring a piece comparing “individual accountability regimes” being adopted in non-U.S. jurisdictions with practices in the U.S.

22 FEATURES MINNESOTA LAW SPRING 2023

What to Know about ESG

A set of principles and standards known as ESG — for environmental, social and governance — is among the hottest and most controversial topics in business and investing, and Professor Brett McDonnell, Dorsey & Whitney Chair in Law, watching closely.

“ESG addresses to what extent do and should corporations be considering the interests of persons other than the shareholders of the corporation,” McDonnell says. The ESG movement seeks to consider stakeholders such as employees, customers, and creditors, as well as the environment and local communities. Public benefit corporations do this already, reporting yearly on their efforts to do good for society under a statute that McDonnell helped draft with a state bar committee.

McDonnell has worked with environmental law scholars in the U.S. and in Australia to study how shareholder activism may be changing how public companies react to climate change. He also is watching growth in companies’ engagement with stakeholders. McDonnell has a long-standing focus on the role or potential role of employees in corporate governance. In Germany, for example, he notes that boards include employee representatives, while employee councils work with managers to make decisions about workplace conditions.

Diversity as a Hallmark of Good Governance

Corporate governance has improved in several regards in recent decades, Professor John Matheson, Law Alumni Distinguished Professor of Law, says. Corporate boards are more diverse, with women today holding 28% of board seats, up from just 10% some 15 years ago.

“One of the dangers of bad governance is what might be viewed as the ‘old boys network,’ having the same people who have the same ideas in control and willing to go along with whatever the CEO wants,” Matheson says.

The lack of recent scandals in publicly held companies is a good sign. “Generally, checks and balances are improving in publicly held companies today so that you don't have the level of governance failures that you may have seen in the past with situations such as WorldCom and Enron,” Matheson says. “There may be individual problems at individual companies, but I don’t see a pandemic of bad governance.”

Matheson welcomes the push from retail and institutional investors “to have companies be more than profit centers but good corporate citizens as well.”

23 SPRING 2023 MINNESOTA LAW GOOD GOVERNANCE
Prof. Richard Painter Prof. Claire Hill Prof. Brett McDonnell Prof. John Matheson

A

Lasting

Legacy of Law School Leadership

Dean Garry W. Jenkins wraps up seven years of innovation, collaboration, and diversification, setting up Minnesota Law for a continued bright future

Garry W. Jenkins knew he was walking into a challenge when he arrived at University of Minnesota Law School in 2016 as the new dean. It was a tough time for law schools nationwide, with many facing decreased student enrollment, and a specifically difficult time at Minnesota Law, where budget shortfalls and stagnant student diversity prevailed. With strategic and visionary leadership, Jenkins leaves the Law School primed for success.

Jenkins, the William S. Pattee Professor of Law, departs this summer to become president of Bates College in Maine. During his tenure in Minnesota, he amassed a long list of accomplishments that brought fresh energy and enthusiasm inside and outside of Minnesota Law. Jenkins guided the Law School to burnish incoming students’ academic qualifications, refill its coffers to provide robust support for students and innovation, and boost diversity in the student body.

These skills helped Jenkins eliminate budget deficits and complete a record-setting capital initiative. The Driven to Lead campaign aimed to raise $80 million; it secured $106 million for numerous needs, including scholarships, professorships, research, and clinics. In addition, Minnesota Law nearly doubled its endowment during Jenkins’ tenure and obtained its largest gift ever, a $25 million donation to permanently endow the James H. Binger Center for New Americans.

“He took a great law school to a higher level of national impact and reputation. We’re in a very strong place to continue to lead into the future.”

—David L. Jensen, chief advancement officer

“Dean Jenkins leaves us in a great place,” says William McGeveran, Gray, Plant, Mooty, Mooty & Bennett Professor of Law, who served alongside Jenkins as associate dean for academic affairs for four years. “He has quite a list of accomplishments on behalf of the Law School, and the single most significant one is around diversity. We have a lot more work to do, but he put that as a central goal and moved us in the right direction.”

Jenkins led during an especially fraught time, including the Covid-19 pandemic, the murder of George Floyd, and the ensuing civil unrest, which presented complex, overlapping challenges for the Law School community. “Garry was a steady hand through all of that,” McGeveran says. “I give him kudos because those were really difficult times, and he was so unflappable. He really showed exceptional leadership.”

“Garry really inspired donors,” says David L. Jensen, chief advancement officer at Minnesota Law. “He’s been instrumental in building a greater sense of pride among alumni due to some excellent outcomes.”

Jenkins leveraged his experience in philanthropy, including serving as chief operating officer and general counsel of the Goldman Sachs Foundation. “He took a great law school to a higher level of national impact and reputation,” says Jensen. “We’re in a very strong place to continue to lead into the future.”

When Jenkins accepted the deanship, he knew he would be leading an acclaimed law school contending with some struggles. He worked with faculty, staff, students, and alumni to develop a strategic plan for tackling its financial difficulties and student diversity, which lagged behind regional peers.

“I’m proud of all of the things we’ve accomplished, specifically the culture we have nurtured at the Law School,” Jenkins says. “I’m proud of the way we have been a leader in legal education. Minnesota Law has played an important role in collaborating more broadly to make sure we’re attracting the best students and providing them with the kind of resources they need to be lawyerleaders who serve their communities. That’s ultimately what it’s all about.”

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Professor Robert A. Stein '61, U.S. Supreme Court Justice Sonia Sotomayor, and Dean Garry W. Jenkins at the Stein Lecture in 2016.
CONT > 25 SPRING 2023 MINNESOTA LAW
Dean Garry W. Jenkins joined the Black Law Student Association (BLSA) in celebration of its 50th anniversary in 2021-22. Photo: Caroline Yang (courtesy of Bates College)

Amplifying diversity

Enhancing the caliber of the Minnesota Law student body and deepening its diversity have been key focus areas for Jenkins and ones where he has been especially impactful, says James Chosy ’89, senior executive vice president and general counsel at U.S. Bancorp, who saw Jenkins’ leadership in action during the Driven campaign and board service for Equal Justice Works and the Guthrie Theater.

The numbers speak for themselves. The Class of 2025 is the most accomplished and diverse in the Law School’s 135-year history, considering their undergraduate GPAs and LSAT scores. For two years in a row, 25 percent of the incoming classes are domestic students of color. Half of the current 222-member class is LGBTQ+, students of color, and or/first-generation college graduates, says Robin Ingli, assistant dean of admissions.

Jenkins also created the position of assistant dean for diversity, equity, and inclusion, and hired Ra’Shya Ghee ’13, a lawyer, professor, and racial equity consultant.

Minnesota Law opened the Racial Justice Law Clinic to serve the community and provide experiential learning to students, helmed by Liliana Zaragoza, a civil rights attorney who joined Minnesota Law last year as associate professor of clinical law. For this work and more, Minnesota Lawyer recognized Jenkins with its Diversity and Inclusion award in 2022.

“I am a huge fan and admirer of Garry’s,” says Chosy. “He has really raised the profile of Minnesota Law and done a lot in the diversity, equity, and racial justice space.”

Chosy notes in particular the new Racial Equity and Justice milestone program for students to build a deeper understanding of race and American law, and the George Floyd Memorial Scholarship in Law. “He’s brought a lot

to the table in emphasizing equity and racial justice in the last couple of years. It’s been transformative, and it’s been a huge plus for the University.”

In addition to recruiting a more diverse student body, Jenkins also worked to ensure that all students can succeed at Minnesota Law. That meant augmenting support systems, such as hiring staff who focus on academic and bar success and expanding counseling and advisory services. Collectively, these efforts helped the Law School achieve its record-high 97 percent bar passage rate.

“It’s one thing to bring in diverse students, and it’s another to help them succeed,” says Rachel Croson, executive vice president and provost of the University of Minnesota. “Dean Jenkins has led support for student belonging on campus by adding the assistant dean for diversity, equity, and inclusion, and enhancing support for mental health and wellness.”

Jenkins also shared his leadership abilities with the broader University, chairing the Twin Cities Dean’s Council and serving on the emergency planning task force that navigated Covid. “He’s very smart and capable and all the things you’d want in a collaborative dean,” Croson says. “But he’s also visionary about seeing the world that he wants to create and effectively working across boundaries to create it.”

Meredith McQuaid ’91, who recently retired as the University’s associate vice president and dean of international programs, observes that Jenkins forges a path to success with palpable optimism and a big-picture view of the issues. “Garry always looks for the positive in things, which I think in a leader is critical to getting people on your side,” says McQuaid, who spent 14 years in Minnesota Law leadership. “He’s genuine and he’s just

Dean Garry W. Jenkins joined Admissions Ambassadors outside of Mondale Hall in 2018 for photos for the 2018-19 Viewbook.
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Provost Rachel T.A. Croson, Dean Garry W. Jenkins, Hon. John R. Tunheim '80, and Regent David J. McMillan at the 134th Law School commencement exercises in 2022. Illustration: Robert Ball Dean Amb phot Prov John 134t

a class act. When you get a leader who people are drawn to, you get a lot more done. He certainly will be missed.”

Jenkins’ traits of being authentic, engaging, and thoughtful helped him build a culture of collegiality that attracted students to Minnesota Law, Ingli says. Jenkins empowered staff and was accessible to students, giving both a voice at the Law School. “Changes have been made due to students’ input,” Ingli says. “I think that’s something that will continue. His leadership has made this a much more supportive and inclusive place.”

Fostering innovation

Another key reason Jenkins succeeded in recruiting 16 full-time, top-caliber faculty and exceptional students can be attributed to Minnesota Law’s hearty roster of clinics—centers of hands-on learning. In recent years, the Law School added six clinics and created the position of assistant dean of experiential education. New clinics are focused on clemency; rural immigrant access; sports and name, image, and likeness; and gun violence prevention, which is believed to be the first such law school clinic in the nation.

This spirit of innovation has been a hallmark of Jenkins’ tenure, both in bringing forward his own ideas and supporting others’. It created an environment ripe for fresh thinking and approaches, says Robert Stein ’61, Everett Fraser Professor of Law who served as dean for 15 years and has taught at Minnesota Law for 50 years.

“He encouraged the faculty and the students,” Stein says. “He made them feel very positive about the school, and there is great pride among the student body. I think you’d describe his time as dean as an excellent one for the school.”

For Jenkins, other highlights include helping establish the Jones Day Diversity Fellowship that provides a full tuition scholarship, mentoring, and career opportunities; expanding undergraduate education opportunities at Minnesota Law; and hosting three U.S. Supreme Court justices: Elena Kagan, John G. Roberts Jr., and Sonia Sotomayor.

Under Jenkins’s leadership, the Law School has reached record highs in national rankings of law schools. Minnesota Law is currently ranked as a top five public law school, as a top six law school for practical training, and nationally ranked 16th overall (the highest since U.S. News rankings first began in 1987).

As sad as she is to see Jenkins leave, Barbara Jean D’Aquila ’80 is grateful for how far Jenkins moved Minnesota Law forward. Chair of the Law School Board of Advisors and an employment lawyer at Fisher & Phillips in Minneapolis, D’Aquila especially appreciates that Minnesota Law’s now-solid financial foundation will provide enduring support for faculty and students, leadership development, innovation, varied experiential learning opportunities, and a more diverse student body that enhances learning for all.

“Garry is leaving us in such fantastic shape, with a strong vision for the future,” D’Aquila says. “When you leave a place better than it was when you started, with a plan that can be implemented by the people who remain, you have left a legacy. And that is the sign of an exceptional leader.”

Former University of Minnesota President Eric Kaler, Professor Myron Orfield, Representative James Clyburn, Vice President Walter F. Mondale '56, and Dean Garry W. Jenkins at the 2017 Summit for Civil Rights. Dean Jenkins and students participated in the 2019 Gopher Gratitude Day.
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Dean Garry Jenkins at the launch of the Driven to Lead campaign in 2017.
Suzy Frisch is a Twin Cities-based freelance writer.

A Global Ground Breaker

Meredith McQuaid ’91 to retire in 2023 after more than three decades of international leadership at the University of Minnesota

Meredith McQuaid ’91 consistently forged new ground during more than 30 years at Minnesota Law and the University of Minnesota. She worked vigorously to open the University and Law School’s doors to the world and helped both entities enhance their reputation as innovators in international education. Last March, McQuaid stepped down from her senior leadership position as the University’s associate vice president and dean of international programs.

McQuaid was often the first person to take on a role and mold it into a force for expanding the University’s global reach. From the classroom to scholarship, she established numerous programs that paved the way for the Law School and the University to internationalize its offerings. She built off her experiences as a linguistics major, who joined the University’s first study abroad program to China, to champion and broaden Minnesota Law and the U’s international opportunities for students, faculty, and staff.

“Meredith McQuaid is a household name for everyone who works in international education,” says Kara Galvin, director of international and graduate programs at Minnesota Law. “She’s really well known and highly respected. She is one of the people who made the international programs at the Law School more visible and shaped them into what they are today.”

Expanding Minnesota Law’s Global Reach

After teaching English in Japan, McQuaid spent her early career as an immigration lawyer in Minneapolis. She joined Minnesota Law in 1994 as director of international and graduate programs, overseeing some of the areas in which she had worked as a law student. She also quickly added the role of assistant dean of students. When McQuaid moved to University-wide leadership, it took two people to fill her sizable shoes.

McQuaid worked at Minnesota Law for 14 years, bringing a fresh vision to many aspects of its operations. She transformed the LLM program from a one-off opportunity for individual lawyers to a robust annual

program for 30-40 attorneys from around the world. Her novel summer program, Introduction to American Law, helps LLM students acclimate to the United States and get steeped in its legal history and culture.

McQuaid also initiated the Structured Study Group (SSG) program for first-year law students. A groundbreaking program in legal education, SSGs provide training and resources to help students adjust to law school, as well as receive advice and gain confidence in their studies from 2L and 3L instructors.

This type of innovation is classic McQuaid, says former Lieutenant Governor Marlene Johnson, who was CEO of NAFSA: Association of International Educators while McQuaid chaired its board from 2010-2012. “Meredith is a risk-taker, she’s a visionary, and she’s very interested in trying new things,” Johnson says. “She’s full of enthusiasm and optimism and problem-solving. She doesn’t get stuck in a problem—she keeps moving things along.”

Erin Keyes ’00, who served as Minnesota Law’s assistant dean of students from 2004-2022, first encountered McQuaid as a law student. Keyes was immediately taken with her no-nonsense yet energetic style, delightful sense of humor, expertise, and confidence that propelled her ability to make things happen. Keyes took over the student affairs role from McQuaid and learned plenty from her predecessor.

“Meredith is someone who has earned and is valued for being at the table when big decisions are being made,” Keyes says. “She brings her full intelligence and judgement to the conversation. And she’s not afraid to act. She never balks at a challenge.”

Serving the Wider U (and the Wide World) McQuaid tackled an even bigger challenge in 2007 when she became the first associate vice president and dean of international programs. Though she was initially reluctant to take the job, McQuaid soon realized how much opportunity there was for her to shape the University’s approach to international education on its five campuses.

Her list of accomplishments is long, including opening the University’s first office abroad (in Beijing) and

28 FEATURES MINNESOTA LAW SPRING 2023

launching the Strategic Partnership and Research Collaborative to foster working connections across disciplines and borders. She developed the U’s International Programs Council, focused resources on mental health in study abroad, and recently kicked off a University-wide initiative linked to the United Nations Sustainable Development Goals. McQuaid also cultivated partnerships around the world—serving as a University of Minnesota ambassador wherever she went—and applied her talents to the international education sector.

Thanks to McQuaid’s leadership, the University received several prominent awards, including NAFSA’s 2009 Simon Award for Campus Internationalization. It also earned the 2016 Institutional Award for Global Learning, Research, and Engagement from the Association of Public and Land-Grant Universities, which honors institutions and their leaders that excel in global engagement, research, and learning.

In all of her work, McQuaid sought to build connections between people to make immigrants, guest faculty, and exchange students feel welcome. “My role is to promote international engagement to everyone, from the president to all levels of staff, across all campuses and colleges,” McQuaid says. “It’s just the coolest job. I have always been proud and grateful to do this work.

“The University recognizes now more than ever that providing an international opportunity to every student, wherever they are born, is part of higher education,”

she adds. “Not everyone is going to get on a plane, so what can we do on campus that triggers curiosity and enthusiasm about the rest of the world?”

‘Success and Results in a Positive Way’

Though Minnesota is sometimes considered “fly-over country,” it has an excellent reputation as a hub of international education, research, and outreach, says Tim Wolf, director of international development at the University of Minnesota Foundation. Much of the credit goes to McQuaid. “She has been successful in elevating the University’s international profile and leading efforts on internationalization across the system and then down into the units,” Wolf adds. “Meredith has offered a consistent leadership presence, combined with her passion, that gets you success and results in a positive way.”

Through McQuaid’s work, the University of Minnesota and Minnesota Law have enriched the experiences of their constituents by welcoming international students and faculty and sharing their students and faculty with the world. The benefits are long-lasting when people gain experiences and connections with others from different cultures. Deeper understanding and new knowledge are a proud legacy of McQuaid’s three-decade commitment to Minnesota.

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Suzy Frisch is a Twin Cities-based freelance writer Photo: a.m. photography 2014 University of Minnesota presidential delegation to Norway (from left): former President Eric Kaler, Karen Kaler, Professor Mos Kaveh, and McQuaid. McQuaid on a pit stop during a motorcycle tour across Africa in 1986. Meredith McQuaid ’91 McQuaid at her Law School graduation in 1991.

THE IP PROFESSOR & PRACTITIONER

With his patented unflappable and approachable demeanor, Prof. Tom Cotter is passionately pursuing the new frontiers of intellectual property

30 FACULTY FOCUS MINNESOTA LAW SPRING 2023
THEORY at WORK
Illustration: Robert Ball

It may have been chance that ultimately landed Professor Tom Cotter on the Minnesota Law faculty in 2006, but the serendipitous steps that led him there provided strong footing for a rewarding career in domestic and international property law, antitrust, and law and economics.

The Chicago native was planning to major in civil engineering at Georgia Tech but instead switched to economics, earning bachelor’s and master’s degrees from the University of Wisconsin. Not one to do math all day, he decided against a Ph.D. and instead chose law school. “It was sort of by default, but I found it a very good fit for what I enjoyed,” he says.

Intellectual property (IP) law classes were rare then, so Cotter says he knew virtually nothing about IP when he took on his first case—a patent case—in practice at Cravath, Swaine & Moore, New York. Later, at Jenner & Block, Chicago, he was assigned a trademark case, again tackling a gap in his legal knowledge. But he found IP so interesting and intellectually engaging, he committed to pursuing that area of law in the academic world.

Cotter joined the University of Florida’s Levin College of Law in 1994, when its sole IP professor, who taught a single IP class, was retiring and the world of IP was beginning to explode.

“With the growth of the internet, new issues began to arise that nobody had confronted before,” he says. “Software patents and issues related to trademarks were uncharted territory at that point. Now you have artificial intelligence and the internet of things. These issues are going to continue to proliferate—what the law is, what new laws are going to be created, how old laws are interpreted.”

‘A panoply of human creativity’

Cotter’s background in science, math, and economics proved valuable. Becoming a patent litigator without having a technical background is possible, he says. But, he adds, “You have to have a creative mind, and you need to be scientifically literate. There’s always something new and interesting you have to learn how to do.”

Copyright and other aspects of IP law cover what Cotter terms “a panoply of human creativity,” from entertainment and sports to fine arts, literature, and music. “It’s such an interesting field, and for me it’s an exceptionally good fit.”

In today’s sophisticated high tech world, IP is also increasingly important, both domestically and internationally. In addition to books and articles, Cotter writes

a widely respected blog on comparative patent remedies, taking on litigation issues that create tension among different jurisdictions. “While patents and IP are territorial, commerce is global,” he says. “An enormous amount of money is at stake.”

A Scholar and Practitioner

Sharing this specialized expertise means that Cotter serves the community not only as a scholar but also as someone with practitioner experience, says professor and patent law program director Christopher M. Turoski ’98. He describes Cotter as a generous colleague and an accessible, supportive mentor with an open-door policy. Cotter is also known for championing new ideas and forging connections with other parts of the University, as well as legal and corporate communities.

Students often follow Cotter from course to course, benefitting from his experience with real world cases. “I try to help them think strategically about one argument versus another, thinking through the logic of both sides of an issue and making the best case they can,” Cotter says. “I very much enjoy teaching such intelligent, eager students.”

As the Law School’s associate dean for research and planning, Cotter is “a delight, super-organized, very conscientious,” says Professor Oren Gross, associate dean for academic affairs. “I feel that things won’t fall through the cracks. He’s never dramatic, doesn’t hyperventilate, or go into panic mode. To me, that’s fantastic.”

Gross lauds Cotter’s ability to focus on research components and alert faculty to grants and other opportunities, as well as his efforts to reach outside academia to serve as expert witness and conference participant. “Every aspect of IP has huge significance in today’s world,” says Gross. “For example, clashes over patents very much affect all of us, whether we know it or not.”

As Cotter details in his book Patent Wars, people generally do not realize how many patented inventions and other forms of intellectual property are embodied in the products and services we use every day. Thinking about IP, and about how it can be used and abused, is what Cotter loves to do. He also relishes his role as associate dean where he gets to work with and promote “a wonderful group of scholars who are productive, engaged, and committed.” With two book projects pending, he continues to thrive and grow, right along with the field he fell into so serendipitously.

31 SPRING 2023 MINNESOTA LAW
Cathy Madison is a Twin Cities-based freelance writer.

Faculty News & Honors

Visiting Prof. Nadia Anguiano ’17 Named Associate Clinical Professor

Nadia Anguiano ’17 was named associate clinical professor of law and director of the Federal Immigration Litigation Clinic starting in May.

Currently a visiting assistant clinical professor, Anguiano has been serving as director of Federal Immigration Litigation Clinic on an interim basis. With this appointment, she is now a member of the Law School’s permanent, full-time faculty.

Anguiano has served as visiting assistant clinical professor since 2022, and as a fellow in the Federal Immigration Litigation Clinic since 2019. She previously served as a law clerk for Judge Jane Kelly of the U.S. Court of Appeals for the Eighth Circuit and Judge Susan Richard Nelson of the U.S. District Court for the District of Minnesota.

Prof. Jonathan Choi

Named McKnight Land-Grant Professor and Awarded

Honorable Mention in AALS Scholarly Paper Competition

Professor Jonathan H. Choi was named a McKnight-Land Grant Professor by the University’s Office of the Provost.

The McKnight Land-Grant Professorship program at the University “is designed to advance the careers of the most promising junior faculty members who are at the beginning stages of their professional careers, and who have the potential to make significant contributions to their departments and to their scholarly fields.” Recipients are chosen based on significance of the research, past and present achievements, professional promise, potential for attracting and supporting outstanding students, and contributions to the university’s efforts to advance equity and diversity in the service of excellence in teaching, research, and/or service. This University award comes with the use of the title from July 1, 2023-June 30, 2025, as well as enhanced research funding for the two-year period.

The Association of American Law Schools awarded Choi an honorable mention in the AALS Scholarly Papers Competition for his paper “Computational Corpus Linguistics.” Choi, who specializes in tax law, statutory interpretation, and computational analysis of law, is the first Minnesota Law scholar to receive the award in two decades.

Professor David Cleveland is President-Elect of the Association of Legal Writing Directors

Professor David Cleveland has been elected president of the Association of Legal Writing Directors (ALWD). With more than 400 members representing over 130 law schools, ALWD is the leading academic legal writing organization in the United States. ALWD is the ABA affiliate group for legal writing and engages with the ABA’s Council of Legal Education and Standards Review Committee on behalf of the legal writing community.

Cleveland is an experienced litigator and accomplished scholar, specializing in legal writing, legal ethics, and federal court reform issues. His widely cited scholarship includes works on federal court reform, legal writing pedagogy and history, and discrimination law. He has served in a variety of leadership roles in the legal writing community. In 2020 he was selected for the Legal Writing Institute’s rarely given Terri LeClercq Courage Award. He holds a J.D. from Georgetown University Law Center and a B.A. from the College of Education at Western Michigan University.

32 FACULTY FOCUS MINNESOTA LAW SPRING 2023

Prof. Emeritus Barbara Frey

Named a ‘Minnesota Icon’

Barbara Frey, director emeritus of the University of Minnesota’s Human Rights Program, was recognized as a “Minnesota Icon” by Finance and Commerce and Minnesota Lawyer

Frey, an affiliated faculty member at the Law School, headed the Human Rights Program in the College of Liberal Arts at the University of Minnesota since it was founded in 2001. She took on emeritus status last July.

Frey speaks and publishes regularly on human rights topics including forms of international human rights advocacy, migration and human rights, and firearms and human rights.

white women in Minnesota make on average 78 cents of the pay that white men do for the same work, according to Senator Robert Kupec (04, DFL), the sponsor of the bill. For Black and Latina women, the discrepancy is significantly higher, he noted.

“One important reason for these persistent wage gaps is that employers frequently ask job applicants about their prior salary before determining what salary to offer in a new job,” Hasday testified. “This widespread practice means that workers often cannot ask pay discrimination by securing a new job. If a woman’s first boss pays her less than men earn for the same work, the consequences can reverberate for a lifetime.”

Professor emeritus

Michael Tonry co-edited a book, Prisons and Prisoners, that was published by the University of Chicago Press in 2022. Co-edited by Sandra Bucerius, a professor of sociology and criminology at of the University of Alberta, the essays featured in this volume delineate where we are with incarceration and incarcerated individuals in 2022 and offer informed insights into where we might be heading.

Prof. Myron Orfield Testifies on Met Council Reform Proposal

Prof. Jill Hasday Testifies on Bill that Bars Employers from Asking About Salary History

Professor Jill Hasday testified before the Minnesota Senate Judiciary Committee in favor of legislation to prohibit employers from asking job applicants about their pay history.

S.F. 1885 seeks to address disparities that in pay that impact woman and other historically discriminated against groups by removing past pay as a factor in determining starting pay at a new job. Statistics show that

Professor Myron Orfield testified before the Minnesota Senate Transportation Committee on a proposal to make sweeping changes to the state’s Metropolitan Council. The proposal would create 17 new districts across the seven-county Twin Cities metro area, with elections the Met Council beginning in 2024. Currently, the governor appoints all the members of the powerful regional council.

“I can tell you … there’s nothing like this in the United States that has this much broad discretionary authority and taxing power,” Orfield testified in advocating for the changes to increase accountability. “There’s nothing even close to it anywhere in the United States.”

Garry W. Jenkins, dean and William S. Pattee Professor of Law, was one of 14 law deans who contributed to Beyond Imagination?: The January 6 Insurrection, published by West Academic in 2022. The book examines the events at the U.S. Capitol on Jan. 6, 2021, and how the nation got there, from a legal perspective, in hopes of moving the nation forward towards healing and a recommitment to the rule of law and the Constitution.

FACULTY IN PRINT
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GWJki

AUTHOR in QUESTION

The Constitutionalization of Human Rights Law

Published by Oxford University Press, Professor Stephen Meili’s new book, The Constitutionalization of Human Rights Law, analyzes how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the law and its implementation. The book focuses on five countries (Colombia, Mexico, South Africa, Uganda, the United States) in its examination of how lawyers adapt creatively to social, political, and legal contexts. The work makes important contributions to the socio-legal literature on human rights law, refugee law, and cause lawyering.

What inspired you to put together a book on this topic?

I have long been interested in the impact of human rights treaties on refugees and asylum-seekers. Those treaties have had limited impact in international or regional tribunals. However, now that most national constitutions include numerous human rights provisions, the possibility of enforcing human rights laws in domestic courts on behalf of refugees has never been stronger.

What are some of the issues the book delves into?

It looks at the strategies lawyers in several refugee-receiving nations (Colombia, Mexico, South Africa, Uganda, and the United States) use in defending their clients. It analyzes the barriers these lawyers encounter and how the interpretation of national constitutions by domestic courts is likely the next key battleground in the global struggle over refugee rights.

What differentiates this book from other works on this topic?

It is the first book that I know of that focuses on how lawyers use constitutionalized human rights law in domestic courts to protect refugees and asylum-seekers.

What are a few key takeaways from the book?

Lawyers in many refugee-receiving nations use similar tactics in defending their clients, and human rights laws are a critical and under-studied part of the refugee lawyer toolkit. It also exposes a very wide gap between human rights law on the books and its enforcement in domestic courts.

Who is the target audience for the book?

Lawyers, academics, law and graduate students.

What is something you were surprised to discover in preparing this book?

I was surprised by the similarities in both outlook and strategies of refugee lawyers, regardless of the country in which they are practicing. Their dedication to their clients was inspiring; that didn’t surprise me, but it was heartening.

What do you hope to accomplish with this book?

I hope it will encourage refugee lawyers in all countries — not only those in the five countries featured — to use their national constitutions to advocate for their clients. I also hope to encourage scholars and students to further study this area of convergence between international and domestic law.

34 FACULTY FOCUS MINNESOTA LAW SPRING 2023

“ I hope [this book] will encourage refugee lawyers in all countries — not only those in the five countries featured — to use their national constitutions to advocate for their clients.”

What is your best pitch for why someone should pick up this book?

It tells a compelling story of how lawyers representing one of the most marginalized groups of persons on the planet creatively use their national constitutions to navigate the political and social landscape to protect the human rights of their clients.

Anything else to share?

Writing this book confirmed that the University of Minnesota Law School features a world-class group of smart, dedicated, and generous law librarians, student research assistants, and faculty colleagues willing to share their expertise and passion for human rights.

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Photo: Tony Nelson

Law in Practice Recognized as an Innovation Leader in Practical Skills Training

Minnesota Law’s unique program for introducing 1Ls to the nuts and bolts of lawyering was recently named by Bloomberg Law as one of the most innovative law school experiential education

THE PRESSURE WAS ON JACK TATE, then a 1L, and his co-counsel to make the best case for compensation for their client, a high school teacher whom they alleged had been wrongfully terminated. Advocating passionately for this veteran educator, they crafted their argument to win over the mediator. But did they do enough?

Throughout the semester, Tate engaged in client interviews, a deposition, a chambers conference, and more, seeking to secure justice.

While the “client” and the case were simulations, the legal skills that Tate and his fellow 1L developed were real. They were participating in Minnesota Law’s Law in Practice (LiP) program, recently honored for the innovation it has brought to experiential education.

“It was a huge confidence boost,” says Tate, now a 2L and an LiP student instructor says of his experience in the program. “It was the first time I could really envision myself working as a lawyer. I had

never done anything like that before, and it forced me way outside of my comfort zone. It’s good for students to get outside of the study carrels and grapple with what it means to be a lawyer.”

LiP is one of just 10 programs nationally selected by Bloomberg Law in the “Innovation & Experience” category of its newly launched Law School Innovation Program. Bloomberg established the program to honor pioneering educational innovations that benefit students, schools, and the legal field.

10 Years of Innovation

A required 1L spring semester course, LiP has been a crucial part of the Minnesota Law experience since 2013. Minnesota Law professors Prentiss Cox ’90 and Laura Thomas (now a Hennepin County District Court judge) transformed LiP from an upper-level elective to an integral part of the curriculum for 1Ls. The goal of the program is to convert doctrinal law concepts into

an experiential learning format early in a student’s legal education. During the semester, each student works on two case simulations from start to finish, one litigation and one transactional.

1Ls are divided into law firms—a classroom setting where Minnesota Law faculty dive into the law and how to apply it to the specifics of each simulated case. Practicing attorneys in smaller groups teach best practices and oversee six simulations. Working in pairs, the student lawyers complete a range of legal work, including taking a deposition and negotiating a contract.

“We want to make sure that when you do something in practice, it’s not the first time you’ve ever done it,” says Randall Ryder ’09, director of LiP and the moot court program. “I tell the students that it’s a chance to play in the sandbox with no consequences. It’s valuable for law students entering a profession where if you make a mistake, there can be severe ramifications. LiP gives them a great opportunity to learn from their mistakes.”

Though other law schools offer practical skills courses, Minnesota Law’s stands out in several ways, says Mitch Zamoff, assistant dean of experiential education. The law school has built LiP to a large enough scale so that all 1Ls can participate. Instead of law students playing the parts of clients and witnesses during simulations, LiP draws on a troupe of more than 50 standardized clients to play those roles. This provides a highly realistic setting during the course’s experiential exercises, Zamoff says.

In addition, more than 30 practicing lawyers share their real-world experience as adjunct professors, while more than 50 judges and mediators volunteer their time each year, Zamoff says. They hold simulated mediations and chambers

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Curriculum Innovation

meetings—including making rulings—heightening the realness of the simulations.

“Not many law schools offer a lawyering skills program to all of their first-year students,” Zamoff says. “We believe that this is a critical part of a developing lawyer’s experience. It doesn’t make sense to delay it until you are more than one-third of the way through law school.”

Building Confidence and Skills

Rajin Singh Olson ’16, a patent attorney at Robins Kaplan in Minneapolis, took LiP and has been

an adjunct professor since 2020. He believes that it is enormously helpful for students to take charge of cases throughout all stages of litigation, gaining an up-close view of the nuts and bolts of practicing law. For Olson, a first-generation lawyer, LiP also highlighted different ways to work as an attorney, including in litigation.

Olson often notices major transformations in students during the semester, especially after they complete a simulation. “One of the things I love most about the course is you see people growing in confi-

dence,” he says. “For example, you see people who are introverted becoming confident in providing client service, and you see people who are extroverted being able to really focus on the issues that matter,” he says. Students also practice the important skill of shifting their approach depending on whether the audience is a client, opposing counsel, or judge.

For many students, the first semester of law school can be overwhelming as they dive into doctrinal courses with heavy reading loads. Some students thrive in the

CONT > 37 SPRING 2023 MINNESOTA LAW
Law in Practice Program leaadeership, including student directors. Back row: Assistant Dean of Experiential Education Mitch Zamoff, Ben White, 2L, Phillip Mellon, 2L, Emma Kruger, 2L, Katja Lange, 3L, Suzanne Mead, 2L, and Director of Law in Practice Professor Randall Ryder; Front row: Jack Tate, 2L, Kayla Haeg, 2L, Jackie Cuellar, 3L, Mollie Ahsan, 2L, and Ali Casey, 2L. Photo: Tony Nelson

analytical academic environment, while others struggle to find their bearings. Tate can attest that he questioned his career choice during first semester. But LiP renewed his commitment to becoming a lawyer.

“The reality is, practicing law is both about interpreting cases and applying the law and connecting with people,” Tate says. “Law in Practice was an opportunity to show my strength in client-facing work and remember that this is the reason I went to law school.”

Another key component of LiP is the robust feedback students get after each simulation, Ryder says. They receive oral and written comments from their adjunct professor, as well as feedback from their opposing counsel’s adjunct professor, a judge, a mediator, and peers. Hearing what they did well and where there are opportunities for growth helps students refine their skills and develop into lawyers who know their way around a negotiation or deposition, he says.

Thanks to LiP, students are primed to engage in the many other experiential learning opportunities at Minnesota Law, such as nearly 30 clinics or field placements. They also have a leg up when they start summer jobs. This is when Ryder often hears from student. “I get emails that say, ‘I did my first real live client interview or participated in a deposition, and it went great. I felt prepared because of LiP,’” he says. “We’re teaching them tools that they might use for the rest of their professional careers.”

Gaining Experience in a Safe Environment

Suzanne Mead, 2L and a student instructor, appreciated having the opportunity to start building a case through depositions, something she witnessed while working at a firm before law school.

“It’s a really good way to experience something in a safe environment,” Mead says. “Now when I go into practice, I’ve gotten the nerves out of

the way. You gain confidence in your ability to practice law and find your own style. I learned that sometimes you have to play the game a little differently depending on what you’re doing.”

Adjunct professor Katherine Nixon ’21, a law clerk for the U.S. Bankruptcy Court in St. Paul, found the skills she learned during LiP to be immediately transferrable to working in Minnesota Law’s Bankruptcy Clinic as a 2L and 3L. Nixon says she routinely applied her LiP experience to case management, communications with clients, and advocacy.

Nixon had some exposure to law during college when she assisted a trial team in federal court. But observing lawyers in action isn’t the

same as diving in yourself.

“It’s a very different experience when you take ownership of a case file, and you are the person asking the questions,” Nixon says. “It’s hard to picture yourself doing these things. But I got to the point where I knew the case file really well, I knew the questions I wanted to ask, and I knew what goal I wanted to accomplish.”

Nixon says LiP provides an environment conducive to learning. “It’s in a safe space so if you mess up in Law in Practice, it’s okay. You will always remember the mistakes you made, and you won’t make them again.”

< CONT
38 FACULTY FOCUS MINNESOTA LAW SPRING 2023
Suzy Frisch is a Twin Cities-based freelance writer. 2Ls Suzanne Mead and Jack Tate in one of Minnesota Law's moot courtrooms. Photo: Tony Nelson

By the Numbers is a new occasional feature in Minnesota Law magazine where we explore some key metrics relating to the Law School. In this edition, we look at our exceptional world-class faculty.

39 SPRING 2023 MINNESOTA LAW Last year, faculty collectively authored 62 60% OF FACULTY HAVE RECEIVED TEACHING AWARDS 8:1 STUDENT TO FACULTY RATIO FULL-TIME FACULTY 750+ MENTIONS, QUOTES, OR MEDIA INTERVIEWS of faculty experts last year #18 OVERALL SCHOLARLY IMPACT (Sisk Report) #1 FOR INTERDISCIPLINARY RESEARCH (Journal of Legal Education) 29 FACULTY ARE MEMBERS OF THE AMERICAN LAW INSTITUTE (ALI) TOP 6 PUBLIC LAW SCHOOL (U.S. News & World Report)
FACULTY
Recognized by Bloomberg Law as a NATIONAL LEADER IN INNOVATION IN THE FIELD OF EXPERIENTIAL EDUCATION. #6 IN PRACTICAL TRAINING (PreLaw)
Numbers & 18
120
Bythe
BOOKS
ARTICLES & CHAPTERS
40 ALL RISE MINNESOTA LAW SPRING 2023
Photo: Tony Nelson

WHAT PERSPECTIVE DO YOU BRING AS THE NEW EDITORIN-CHIEF OF MINNESOTA LAW REVIEW?

Before law school I taught high school English for eight years. As a teacher, it was my responsibility to facilitate meaningful learning experiences, to foster equity and inclusion, and to build community. I hope to bring a similar approach to my work as editor-in-chief.

WHAT ARE YOU HOPING TO ACCOMPLISH?

The scholarship that Minnesota Law Review publishes can have profound effects. It is humbling to hear about how the articles we publish have changed our authors’ careers for the better and have inspired action in the legal world. My hope is to use this platform thoughtfully and responsibly to effect positive change in the law.

ANY PREVIEWS YOU CAN GIVE US OF VOL. 108 OR THE NEXT SYMPOSIUM?

Our symposium will focus on gun violence and the Second Amendment in the aftermath of U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which held New York’s proper-cause requirement for obtaining an unrestricted license to carry a concealed firearm violates the Fourteenth Amendment. Symposium Editor Chad Nowlan is doing incredible work to plan this event. We have already received a great deal of enthusiasm and support for this urgent topic.

WHAT ORIGINALLY MOTIVATED YOU TO GO TO LAW SCHOOL?

The pandemic made me think differently about how I might be able to contribute to positive change in the world. I loved teaching literature, and I was lucky to have wonderful students and colleagues. I found a great deal of meaning in my work as a teacher. Still, I wanted to see what might be possible with a legal education, so I decided to apply to law school.

WHY DID YOU SELECT MINNESOTA LAW?

I moved to Minnesota in 2013. Over the past ten years, the Twin Cities have become my home. I was eager to develop a deeper connection to the community, so going to Minnesota Law felt like the perfect choice.

WHAT HAS BEEN YOUR FAVORITE MINNESOTA LAW EXPERIENCE SO FAR?

I have had so many amazing experiences at Minnesota Law, there are a lot I could mention. Recently, I’ve felt particularly lucky to learn from Professor Elizabeth Bentley in the Civil Rights Appellate Clinic, from Professor Jill Hasday in Fourteenth Amendment Constitutional Law, from Professor Amy Sweasy in Evidence Drafting, and from Nate Freeman and Lisa Beane ’13 in the Gender and Sexuality Moot Court Competition Team.

HOW DID YOU SPEND YOUR 1L SUMMER?

I was a summer associate at Dorsey & Whitney in Minneapolis. I am looking forward to returning to the firm for my 2L summer.

WHAT DOES BEING A LAWYERLEADER MEAN TO YOU?

It’s an enormous privilege to receive a legal education. The law affects all of us, in ways seen and unseen, and it’s empowering to learn how the law works. Being a lawyer-leader means using one’s legal education and one’s unique skills and perspectives to work toward positive change.

WHAT IS SOMETHING ABOUT YOU THAT OTHERS MIGHT FIND SURPRISING?

I’m writing a play.

HOW DO YOU LIKE TO SPEND YOUR FREE TIME?

I love good food, so I enjoy exploring the Twin Cities restaurant scene. I also enjoy the arts, especially theater.

WHAT ARE SOME OF YOUR STUDENT ACTIVITIES AT THE LAW SCHOOL?

Outside of MLR, I am a member of OutLaw (the LGBTQ+ law student association) and APALSA (the Asian Pacific American Law Student Association). I also work for the Admissions Office as an admissions ambassador.

LEADING QUESTIONS
Philip de Sa e Silva, 2L
41 SPRING 2023 MINNESOTA LAW
A former teacher with a love of literature and writing, Philip de Sa e Silva, 2L, is the incoming editor-in-chief of the Minnesota Law Review

Mapping Out the Global Outlook on Reproductive Rights

a

FABIOLA GRETZINGER ’22

HELPS MAINTAIN A GLOBAL PERSPECTIVE on abortion laws as a legal fellow at the Center for Reproductive Rights (CRR) in Washington, D.C. She began her year-long fellowship this past September at the nonprofit global human rights organization, which focuses on protecting reproductive rights around the world through litigation, legal policy and advocacy.

Gretzinger received a Robina Post-Graduate Fellowship, which the Law School awards yearly, to support her role on the center’s Legal Strategies, Innovation and Research team. “My work wouldn’t have been possible without the financial support of the school,” she says.

From her vantage, Gretzinger sees a “wake-up call” in the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health. The court’s ruling in June 2022 ended the constitutional right to abortion established nearly 50 years ago in its Roe v. Wade opinion, therefore enabling states to impose their own bans.

“Emotionally, it was difficult and it was a big step back,” she says, referring to her own beliefs rather than speaking for the center. “If anything, it has inspired me to keep fighting. Seeing what came from the

Dobbs decision, I just don’t think that I’ll stop working on reproductive rights any time soon.”

Maintaining a Global Map Gretzinger’s responsibilities include helping maintain the center’s world abortion laws map, which records the legal status of abortion in countries around the globe. She also supports development of key legal principles related to abortion and monitors and analyzes national abortion laws around the world to track reproductive rights trends.

While some countries have removed abortion restrictions, the most significant recent change globally has been the Dobbs decision in the United States, Gretzinger says, adding that the Dobbs ruling underscored the need to work with lawmakers and the executive branch to advance reproductive rights rather than just focus on the courts.

Gretzinger appreciates the international focus of the center. She was born in Oregon, moved to Costa Rica when she was three, and lived in Peru for two years before returning to Costa Rica, where she graduated from high school. Before law school, she majored in political science at the University of Minnesota, moving to the United States in part to connect

with her Midwestern roots.

Growing up in Costa Rica influenced her interest in reproductive rights, she says. “It’s a very religious country where they have very different views on abortion and where we didn’t even talk about it.” She assured her mother that reproductive rights involve more than abortion and include maternal health, gender-based violence, and sex education, among other issues.

42 ALL RISE MINNESOTA LAW SPRING 2023
Fabiola Gretzinger ’22,
Robina Post-Graduate Fellow at the Center for Reproductive Rights, is passionate about her international-facing work
Photo: Jay Mallin

While at the Law School, Gretzinger took part in the Human Rights Litigation and International Advocacy Clinic, where she advocated at the United National level and developed litigation strategies for international human rights violations before federal courts.

She previously worked on international human rights litigation as a legal intern at the Center for Justice and International Law as well as a part-time law clerk at Global

Rights for Women. She also served as an immigration paralegal for almost three years.

Continuing her Work Long Term

When she graduated from law school, she was not sure whether to concentrate on litigation or policy advocacy work and is grateful she gets to do both in her fellowship. Gretzinger hopes to continue working with CRR in a permanent

position after her fellowship and to move abroad.

“I love the people I’ve met at the center,” she says. “They are very passionate about what they do. If the option presents itself, I would like to stay with the center long term because it aligns what I want to do in international women’s rights.”

43 SPRING 2023 MINNESOTA LAW
based in Lake Elmo,
I love the people who I’ve met at the center and the people are passionate about what they do. I would like to stay with the center long term because it aligns what I want to do in international women’s rights.”
—Fabiola Gretzinger ’22

Students in Ronald M. Mankoff Tax Clinic Secure Major Settlement for Client

When U.S. Tax Court came to Saint Paul this spring, Associate Clinical Professor of Law Caleb Smith, director of Minnesota Law’s Ronald M. Mankoff Tax Clinic, and three students Caroline Moriarty, 2L, Xiaoyuan Zhou, 3L, and Cierra Johnson, 2L, were on hand to provide legal support for low-income, unrepresented taxpayers who have a tax controversy. Their support paid off for one individual, whose case changed from a motion to dismiss, with her owing $348, to a settlement in which she will receive a refund of approximately $11,000.

Student News

After reviewing the client’s documents, the students and Smith laid out their case for the Internal Revenue Service attorney. “The IRS took our work and three hours later agreed that our client was right, that she was due about $11,000,” said Smith. Before reaching the settlement, the judge in the case invited Smith and the students to his chambers, where he spent an hour answering their questions. Currently, 13 students are enrolled in the Mankoff Tax Clinic, which is supported by a federal grant. “But for our clinic, people with low income wouldn’t have options for representation,” said Smith. “Clinic students are now doing the

same level of work they will be paid to do at firms in a matter of months so it’s an enormous value both for them to get the experience and for the clients to be recipients of their good work.”

2Ls Compete in Final Round of the Maynard Pirsig Moot Court Honors Tournament Simon Earle, 2L, and Dominik Ruch, 2L, argued before Justice G. Barry Anderson ’79, Justice Natalie Hudson ’82, and Justice Gordon Moore of the Minnesota Supreme Court in the final round of the Maynard Pirsig Moot Court Honors Tournament. Simon Earle won a closely contested argument, with both students receiving tremendous praise for their skills. Earle called the tournament “an amazing, once-in-a-lifetime experience.” Ruch had a similar reaction, calling it “[the] coolest thing I could have imagined for my time in law school.”

The tournament (named in honor of the former Law School Dean Maynard Pirsig) is the culmination of the Law School’s flagship Moot Court Course — Civil Rights Civil Liberties Moot Court. Students are nominated for the tournament based on their oral advocacy skills in the year-long course.

Prior to the final round, the four semi-finalists argued at the Minnesota Court of Appeals. In the preliminary rounds of the tournament, more than 40 attorneys judged the advocates. Previous winners of the tournament include one current judge on the Minnesota Court of Appeals, along with one of the adjunct instructors.

Tax Clinic students and Prof. Caleb Smith pictured with Judge Buch. From L to R: Xiaoyuan (Sharon) Zhou, 3L, Cierra Johnson, 2L, Judge Ronald Buch, Caroline Moriarty, 2L, Professor Caleb Smith, and Skylar Mayhew, 2L.
44 ALL RISE MINNESOTA LAW SPRING 2023
Dominik Ruch, 2L, and Simon Earle, 2L, competed in the Maynard Pirsig Moot Court Honors Tournament.

Two Minnesota Law Students Win MSBA Writing Competition

The Probate, Trusts, and Estates Section of the Minnesota State Bar Association (MSBA) hosted an annual writing competition where law students are invited to compete for a cash prize by writing a short piece on a topic selected by and of interest to the section. Two Minnesota Law students, Jasmin Hernandez Du Bois, 2L, and Sierra Grandy, 2L, won the competition. The prompt for the 2023 competition was to “identify one or more barriers that prevent access to justice in probate, trusts, and estates law, and provide ideas for how to remove those barriers.”

Hernandez Du Bois wrote about the intersection of probate and the prison system. The judges were impressed by Ms. Du Bois’ attention to detail at a practical level, including a proposed statutory change to address possible concerns of this segment of the population.

Grandy’s entry was about estate planning for neurodivergent clients. Estate planning can be daunting. The subject matter, complexity, and antiquated language involved can

present barriers to anyone, but those barriers might be uniquely experienced or especially acute for neurodivergent clients. The judges were impressed by Ms. Grandy’s client-focused approach to providing legal services.

Four Students Compete in FBA Thurgood Marshall Moot Court Competition

Four Minnesota Law students recently competed in the FBA Thurgood Marshall Moot Cour t Tournament. Hannah McDonald, 3L, and Faith Hemmingway, 3L, placed second in the national tournament and won best brief, and Anika Reza, 3L, and Kate Seivert, 3L, made it to the elite eight and won second best brief in the tournament. Each student is a veteran of a moot court competition team and/or the Law School’s Moot Court course — Civil Rights Civil Liberties Moot Court.

Clemency Clinic Students Visit Norway over Spring Break

Associate Clinical Professor of Law

JaneAnne Murray and students from Minnesota Law's Clemency Clinic visited Oslo and Bergen, Norway, over spring break to learn about alternative models of prison policy. While in Norway, they visited Halden Prison, known as “the most humane prison in the world.” Students also visited with prosecutors, defense attorneys, judges, ex-inmates, and members of parliament. Visiting Norway provided students with valuable new perspectives they will take with them ainto practice.

Students from the Clemency Clinic at the Oslo Parliament. Pictured L to R: Joshua Gutzmann, 3L, Benjamin Dahl, 3L, Victor Jimenez, 3L, Bethany Jewison, 2L, Amy Cohen, 2L, Prof. Jane Anne Murray, Emanual Williams, 3L, Nicholas Nigro, 3L, Ian Mallery, 2L, and Buchanan Waller, 3L. The FBA Thurgood Marshall Moot Court Competition Team from L to R: Hannah McDonald,3L, Faith Hemmingway, 3L, Anika Reza, 3L, and Kate Seivert, 3LLeft to right: Hannah McDonald,3L, Faith Hemmingway, 3L, Anika Reza, 3L, and Kate Seivert, 3L. Sierra Grandy, 2L, and Jasmin Hernandez DuBois, 2L.
45 SPRING 2023 MINNESOTA LAW

Big Picture

MINNESOTA LAW SPRING 2023 46 ALL RISE

WE'RE #1!

The Fighting Mondales hockey team went head to head against the University of St. Thomas Law School hockey team to win the Golden Gavel!

Pictured (from left to right):

Front row: Kyle Steinberg, 2L; John Stack 2L; and Alex Harasymiw, PhD candidate.

Middle row: Bridget Hoffmann, 3L; Tucker Bender, 1L; Mark Kaske, 3L; Jake Dinkins, 2L; Matthew Wedin, 1L; and Grant Newman, 2L

Back row: Eddie Brody, 1L; Mike Fadden, 2L; Brendan Madson,1L; David Edholm, 3L; and Ryan Collins, 2L.

SPRING 2023 MINNESOTA LAW 47
Photo: Tony Nelson

The Theatre of the Relatively Talentless (TORT) presented its 20th annual musical production on March 24 and 25.

TORTanic was performed at Ted Mann Concert Call on the University of Minnesota— Twin Cities campus.

48 ALL RISE MINNESOTA LAW SPRING 2023
Photos: Tony Nelson

JOIN THE CLUB MAKE A DIFFERENCE

The William B. Lockhart Club is Minnesota Law’s leadership annual giving society. It brings together generations of alumni and friends who generously express their support with annual gifts of $2000 or more, or as part of Lockhart GOLD for recent graduates. The loyal generosity of our Lockhart Club members helps us to recruit and retain world-class faculty, attract promising and diverse students, and create transformational programs that train our students and benefit our communities.

Lockhart Club members receive a host of benefits that include an invite to the annual Lockhart Club Dinner, regular updates from the Dean, and invitations to exclusive events.

For questions or for information about joining the Lockhart Club, contact Katie Jacob, assistant director of annual giving at kldjacob@umn.edu or 612-624-0097.

Make a difference by joining or renewing your membership in this esteemed giving society today.

z.umn.edu/ lawlockhartclub

SAVE THE DATE!

2023 Lockhart Club Dinner

September 19, 2023

McNamara Alumni Center

49 SPRING 2023 MINNESOTA LAW
Christine Meuers ’83, Jeannine Lee ’81, Barb D’Aquila ’80 joined University of Minnesota President Joan T.A. Gabel and Dean Garry W. Jenkins along with other Lockhart Club members in the Binger Circle and Fraser Society for a private reception and viewing of the American Swedish Institute’s newest glass art exhibit in early February.

ALUMNI Interrogatory

Having successfully completed an internship with the Minnesota Vikings while at Minnesota Law, Emily Lekahal ’16 joined the Ladies Professional Golf Association (LPGA) as corporate counsel after graduation. In April 2019, she moved back to football, joining the Buccaneers’ legal team at what turned out to be a very exciting time for the franchise. Two years later, the team won Superbowl LV, defeating the Kansas City Chiefs, 31-9.

RAISING
MINNESOTA LAW SPRING 2023 50
THE BAR

The good thing about breaking into the sports industry is that there isn’t a standard path. Being a sports lawyer means working with so many different sides of the law that no experience is bad or disadvantageous for a career in sports.”

Was sports law something you went to law school to do — or did you discover that interest later?

Sports law was always my goal. I was very strategic when applying to law schools to make sure I put myself in the best position to break into the industry. A big reason I picked Minnesota Law was because of its location in a city and its proximity to five major professional sports teams.

How did you get your job with the Buccaneers?

My internship with the Minnesota Vikings was the best thing that could have happened for my career. The connections I made, along with the work experience I got, helped me land my job with the LPGA and the Buccaneers. My advice is to give an internship your best and create meaningful relationships that last.

What’s a typical day on the job?

For better or worse, there is no typical day. The majority of my job consists of contracts, whether drafting, negotiating, or reviewing. At the end of the day, the Tampa Bay Buccaneers is a business, so our job is managing risk for the company as a whole. This comes with many different hats.

What’s something that people might find surprising about working for a sports team?

Legal departments for sports teams are typically very small. I am one of just two lawyers at the Buccaneers, which is fairly standard around the NFL and other major leagues. Some teams don’t even have an in-house attorney.

What advice would you have to a law student or a newer lawyer looking to work in the sports industry?

The good thing about breaking into the sports industry is that there isn’t a standard path. Being a sports lawyer means working with so many different sides of the law that no experience is bad or disadvantageous for a career in sports. And just like anything, a lot of it is who you know. While in law school I met so many sports and entertainment professionals through the Sports Law Society who I’m still in touch with today. Always keep networking!

What are a couple of your favorite memories of your time at the Law School?

Sticking with the sports theme, some of my favorite moments were during campus intramurals. Our section would have a team each semester (volleyball, basketball, kickball) and it was such a great time to blow off some steam with your classmates.

Minnesota Law is a place known for putting an emphasis on leadership. What does being a good leader mean to you?

I think the most important characteristic of a good leader is credibility. Good leaders gain credibility through doing their job well, holding themselves accountable, and treating people with respect under all circumstances. When a leader lacks that credibility, I think trust becomes an issue, which can hurt retention and the organization’s culture.

Do you have any interesting decoration or item on your desk or in your office that you would like to share?

Of course I have my University of Minnesota Law degree hanging up proudly in my office. Right next to that is framed a Super Bowl LV ticket with some of the confetti from the post-game celebration. ( I keep my Super Bowl ring at home!)

What do you like to do with your free time?

Now that I live in Florida, I spend a lot of my time on the beach and the water. I still participate in club sports with some co-workers and I love to read. Reading for fun did not exist in law school and now it feels like such a luxury!

Anything else that you would like to share?

I spent a lot of time trying to find the right law school fit for me. Minnesota just checked all the boxes: located in a big city, top rankings, national reach, Big 10 conference, professional sports teams, Fortune 500 businesses, and lastly genuinely good people who cared about your future, from professors to career counselors. I would not have landed my dream job in the NFL without going to Minnesota Law.

51 SPRING 2023 MINNESOTA LAW

Serving the President and People of Palau

AS A MINNESOTA LAW STUDENT, LAUREN HENRY ’11 envisioned being a criminal defense attorney who strives to uphold constitutional protections and advocate for criminal justice reform. Working in the seat of power of Palau — a small island nation in Micronesia — was not on her radar.

But during two stints over five years, Henry has done just that. Currently, she serves as senior legal counsel to Palau President Surangel Whipps Jr., a role akin to White House counsel. From 2015 to 2018, Henry worked as chief legal counsel to the Palau House of Delegates, where she drafted legislation and legal opinions on diverse domestic and international issues.

How did Henry find herself in Koror, Palau? Looking to shift away from criminal work, she was intrigued by Palau’s job posting and the legal and public policy opportunity. Though the country is four flights and 15 time zones away, its government structure is modeled on the United States, due to its close relationship as a former trust territory. Palau won independence in 1994.

“I did not know anything about Palau at the time, but the position was fascinating,” Henry says. “I would be working for the Congress of this young republic, building out what laws would look like for Palau and really be on the ground with elected leaders to put paper to the ideas they had for their country.”

Henry also grew enamored with Palau’s community-centric culture that she says values all 18,000 people, from the smallest children to elders. It doesn’t hurt that the island is gorgeous with tropical temperatures year-round.

Home and Back Again

In 2018, family obligations called Henry home to the United States, and she took a legislative job with the Swinomish Indian Tribal Community of Washington. But a few years later, when Whipps’ chief of staff called to ask her if she would be interested in working directly for the first-term president, she couldn’t pass up the opportunity in her adopted home. She flew back to Palau in February 2021 just as the borders were closing due to Covid. At that point, the country had experienced zero cases and wanted to keep it that way.

Henry has been at Whipps’ side as he navigates numerous challenges, including climate change, international negotiations, and rebuilding Palau’s economy after the loss of all tourism during the pandemic. In 2022, Henry helped draft the Suva Agreement, which healed rifts between Micronesian nations and restored the 18-member Pacific Island Forum. She also met with U.S. cabinet secretaries and other diplomats while working on Palau’s Compact negotiations with the United States.

Henry supervises the Office of the President’s legal team, which handles all legal matters before the executive branch, except litigation. Each workday is fast paced, varied, and fascinating in a different way, she says. Henry might dig into legal concerns surrounding national security, border control, public health policies, and the reopening of Palau, all in one day.

“The goal is, how do we apply Palau’s laws in a way that honors and upholds its constitution and accomplish whatever issue the president has determined is something we should get done?” Henry says. When her

work delves into unfamiliar territory, she has learned to approach such situations with humility. “I know they don’t need a snap answer. They need a well-researched, thoughtful answer that will help maintain sound policy over time.”

‘A Place I Really Treasure’

Amid the day-to-day challenges, Henry sometimes still finds herself amazed that her boss is the president of Palau. “The pomp and circumstance is something I felt early on,” she says. “You have these moments that wash over you of awe and real honor and thanks to be alongside the folks tackling all these challenges. But most of the time, there is more work to do than hours in the day, and you put it aside with ‘Let’s get to it.’”

Later this year, Henry’s role will shift again as she and her partner return to Seattle for family reasons. Henry will continue working for Palau on contract, diving into U.S.-Palau treaty negotiations, defense contracts, and more, while also doing legal work for the Swinomish tribe. There are many parallels between the nations, Henry says, including being community-oriented and water-based people facing the effects of climate change.

Henry feels connected to Palau and is pleased to stay linked to the nation through her work. “I know that Palau will not always be my physical home, but it will be a place I really treasure and maintain a connection with,” she says. “I’ve experienced nothing but thanks and appreciation for the work I do, but it’s me who should be thanking these folks for bringing in an outsider to such a special place.”

52 RAISING THE BAR MINNESOTA LAW SPRING 2023
Lauren Henry ’11 is the top legal advisor of the leader of the small island nation

KOROR

PALAU

POPULATION: 18,024 (2021)

FORM OF GOVERNMENT: Republic

GEOGRAPHY: Archipelago of 300+ islands (70 percent of its population lives on the main island of Koror)

AVERAGE TEMPERATURE: 82 degrees Fahrenheit

53 SPRING 2023 MINNESOTA LAW

Class Notes

69 Gerald Seck was recognized as a Minnesota Icon by Finance and Commerce and Minnesota Lawyer. He is a shareholder at Larkin Hoffman in Minneapolis.

Jean Heilman Grier is the author of a new book, The International Procurement System: Liberalization & Protectionism (Dalston Press, 2022), on the topic of international trade law. She is the trade principal at Djaghe, LLC.

72

83 Joan Bibelhausen received the 2022 Meritorious Service Award from the American Bar Association Commission on Lawyers for her work as executive director of Minnesota’s Lawyers Concerned for Lawyers.

90 Nicole Engisch joined Dorsey & Whitney LLP as a partner in the Government Enforcement and Corporate Investigations practice group.

wrongful convictions and legislative policy issues.

74 Ann Montgomery was recognized as a Minnesota Icon by Finance and Commerce and Minnesota Lawyer. Since 1996, she has served on the U.S. District Court for the District of Minnesota.

79

Tom McDonald was a featured speaker at the George Washington Law School Advisory Board Meeting. He is a trial lawyer and litigator at Taft.

81

Craig Carlson retired as a technical advisor with the Taxpayer Advocate Service with the Internal Revenue Service after 38 years.

82 Todd Urness was re-elected to the Board of Directors at Winthrop & Weinstine. He specializes in business and real estate law.

85

Daniel McDonald won a 2022 Readers’ Favorite Book Award for his book, From Savvy Saver to Smart Spender: How to Pick a Tax-Wise Retirement Withdrawal Strategy. He is a semi-retired intellectual property lawyer and the creator of the website retirementtaxsaver.com.

86 Brad D. Pedersen joined Barnes & Thornburg as an IP partner. He primarily focuses on post-grant and inter partes review proceedings at the U.S. Patent and Trademark Office, licensing and litigation related to high-technology, and in computer, software, and medical device areas.

89 Jim L. Chosy was awarded the 2023 Scales of Justice Award by Equal Justice Works. Chosy leads development of U.S. Bank’s in-house pro bono program and promotes a culture of diversity, equity, and inclusion.

91 Chad E. Baruch was recognized as a Top 100 Attorney in Dallas-Fort Worth. He is a managing shareholder at Johnston Tobey Baruch.

Tim Beastrom was appointed chief legal counsel at James Hardie Industries. His background includes corporate governance, securities law, and commercial law.

93 Tony Fernandes was appointed as the deputy assistant secretary for trade policy and negotiations in the Bureau of Economic and Business Affairs at the U.S. Department of State, overseeing offices covering agricultural trade policy, intellectual property, bilateral and multilateral trade affairs.

94 Shawn McIntee joined Greenberg Traurig as a shareholder. He is a member of the Corporate Practice group.

95 Julie Jonas is the recipient of the Minnesota Association of Criminal Defense Attorneys 2022 Ronald I. Meshbesher Distinguished Service Award for her work on

Matthew McBride was elected to the Board of Winthrop & Weinstine. He focuses on business and commercial litigation and financial services litigation. McBride was also recognized as a 2023 Local Litigation Star by Benchmark Litigation

96

Johanna Bond has been appointed dean of Rutgers Law School beginning July 3. Bond is currently the Sydney and Frances Lewis Professor of Law at Washington and Lee University School of Law.

Keiko Sugisaka was named a 2022 Attorney of the Year by Minnesota Lawyer. She is a partner and board chair at Maslon.

97

Matt Rowe joined the board of directors at the Badger Institute, Wisconsin’s oldest free-market policy and journalism think tank.

99 Meghan Riley was honored by the International Municipal Lawyers Association with the Burk Leventhal Legal Advocacy Award. She serves as division chief for litigation for the city of Austin, Texas.

Omar Syed was appointed vice president, general counsel, and secretary for Rice University and serves on the board of directors for the National Association of College and University Attorneys.

54 RAISING THE BAR MINNESOTA LAW SPRING 2023
NEWS
ABOUT YOUR CLASSMATES AND COLLEAGUES

00

Christopher Stall was elected to Moss & Barnett board of directors. He serves as a director and as chair of the firm’s Commercial Department and Business Law practice group. 01

Ben Butler was appointed as chair of the Minnesota Lawyers Professional Responsibility Board by the Minnesota Supreme Court. Butler is the managing attorney with the Office of the Minnesota Appellate Public Defender.

Bradley Hintze was promoted to partner at Lathrop GPM. He works with local and regional developers, lenders, and landlords, as well as

businesses of all sizes in a variety of real estate transactions.

Michael Rosow joined Maslon as a partner. He represents clients in loan workouts, creditor remedies, and bankruptcy; financial services litigation; and real estate litigation. He was recognized as a 2023 Local Litigation Star by Benchmark Litigation.

commercial transactions and real estate financing and development.

Anthony B. Sanders authored a book titled Baby Ninth Amendments: How Americans Embraced Individual Rights and Why it Matters, which examines how state constitutions protect enumerated rights through versions of the Ninth Amendment.

02

Jessica N. Servais was named a partner at Lockridge Grindal Nauen. She primarily focuses on antitrust cases and class actions.

Andrew Pratt joined Hinshaw & Culbertson as a partner. He focuses on

04

JOHANNA BOND ’96 APPOINTED DEAN OF RUTGERS LAW

Johanna Bond ’96 has been named the new dean of Rutgers Law School, and will start her position on July 3. Bond, currently the Sydney and Frances Lewis Professor of Law at Washington and Lee University School of Law, previously served as the school’s associate dean for academic affairs. Her areas of scholarly expertise include international human rights and gender and the law.

Evan Wilson was promoted to deputy general counsel of the Metropolitan Airports Commission, focusing on a range of areas including governance, regulatory compliance, operational and policy issues, and emergency management.

05

Helen Yanhang transitioned from a leadership role with Volvo Cars in Shanghai to serving as managing director of Volvo Car Switzerland in Zurich. 06

Nicole Blissenbach was appointed as commissioner of the Minnesota Department of Labor and Industry by Governor Walz and confirmed by the Minnesota Senate.

Jessica Hutson Polakowski was recognized as a 2023 Future Star by Benchmark Litigation. At Reinhart Boerner Van Deuren, she is a shareholder focusing on litigation, intellectual property, and cannabis law.

EQUAL JUSTICE WORKS HONORS

JIM CHOSY ’89

Jim Chosy ’89, senior executive vice president and general counsel of U.S. Bancorp, has been named a recipient of Equal Justice Works’ Scales of Justice Award. The award is given to a legal community leader who exemplifies a high-level of commitment to public service and a passion for equal justice; has advanced the organization’s mission and vision throughout their career; and has set a strong example for what lawyers and legal professionals can and should do to contribute to efforts in the public interest and toward greater access to justice for all.

55 SPRING 2023 MINNESOTA LAW
CONT >

Patrick Kimmel joined Koley Jessen litigation team, where he will counsel on a broad spectrum of legal and business issues, including complex contract disputes, insurance coverage, and mass tort litigation.

member of the banking practice and finance department in the Chicago office.

15

Ashley Bennet-Ewald was recognized as a Global Leader in Private Practice 2022 by the World Trademark Review (WTR). She was also recognized as a WTR 1000: The World’s Leading Trademark Professionals for 2023. At Lathrop GPM, she focuses her practice on intellectual property litigation.

07

Joseph Windler was recognized as a 2023 Local Litigation Star by Benchmark Litigation. At Winthrop & Weinstine, he focuses on business, commercial, and energy legislation and regulation.

Naomi M. Michel joined Moss & Barnett. In this position, she advises on areas of mergers and acquisitions, entity formation, buy-sell agreements, and general business.

10

Brianna Mooty joined Faegre Drinker, focusing on trust estate planning and charitable planning.

12

Robert Davis was awarded the Principal Legal Advisor’s Award for Excellence for his work on Operation Allies Welcome, the effort to relocate Afghan refugees to the United States.

Capital practice group and a member of the Corporate Law, Mergers and Acquisitions, and Private Equity practice groups.

Leah Kippola-Friske was promoted to shareholder at Nilan Johnson Lewis. Her practice areas include commercial litigation, complex torts, employee benefits, insurance claims, and intellectual property disputes.

R. Lynn Parins was elected partner at Foley & Lardner LLP where he focuses on the intersection of finance, renewable energy, and other clean infrastructure.

14

Michelle Barnes joined the Anoka County Attorney’s Office as an assistant county attorney in the Juvenile Division.

Neil Mahoney was promoted to shareholder at Winthrop & Weinstine. She represents nonprofit and for-profit developers in highly structured commercial real estate transactions.

Nick Lyden was promoted to partner at Stinson. He focuses on real estate and corporate law.

16 Catherine Cumming was promoted to shareholder at Winthrop & Weinstine. Her practice involves the acquisition, construction, rehabilitation, refinancing, and disposition of market rate and affordable multifamily developments.

08

Kara Casteel was named by the American Bankruptcy Institute to its Top 40 Under 40. She is the managing partner of their Bankruptcy Litigation practice at ASK LLP.

Jenni Ives has joined Ann Viitala ‘84 and Mary Pat Byrn ’03 at Viitala Byrn & Ives Law Office in Minneapolis.

Jenna Nand was appointed to Position 7 Edmonds (WA) City Council Seat. Her top three priorities are maintaining affordability for residents, environmental preservation, and inclusion.

Julia Norsetter joined Reed Smith LLP as its transportation policy lead. She will provide policy analysis on a range of related aviation issues and legislation.

Melinda Dugas was promoted to partner at Stinson. She counsels individuals and businesses regarding real estate transactions.

Rachel Kitze Collins was named partner at Lockridge Grindal Nauen. She practices in the firm’s Environmental, Business, Political Law, and Employment groups.

Amber Kraemer was promoted to shareholder at Winthrop & Weinstine. She represents community banks on a wide range of corporate and banking matters.

Kyle Kroll was promoted to shareholder at Winthrop & Weinstine. He represents clients in business matters, especially in banking, food and beverage, manufacturing, insurance, technology, and energy sectors.

09

Patrick Barrett was elected partner at Morrison Foerster, where he is a member of the Transactions Department and Mergers & Acquisitions Group.

Andrea Keller was elected partner at Latham & Watkins, where she is a

Shardé T. Skahan was promoted to partner at Seyfarth Shaw. She focuses on labor and employment law including disability discrimination, harassment, and retaliation claims.

13

Jay Creagh was promoted to shareholder at Godfrey & Kahn, where he is the co-chair of the firm’s Startup and Venture

Joseph Cruz was made partner at Shook, Hardy & Bacon. He focuses on intellectual property litigation, prosecution, and counseling.

Caroline Marsili was promoted to partner at Carlson Caspers. She primarily focuses on patent litigation and trademark law, including trademark prosecution, litigation, T.T.A.B. proceedings, and ex parte petitions.

17 Chelsea Ahmann was selected as managing associate at Winthrop & Weinstine. She focuses on employment, breach of contract, shareholder disputes, intellectual property, and defamation claims.

Samuel Thompson was selected as managing associate at Winthrop & Weinstine. He represents clients in the development of real estate projects.

< CONT 56 RAISING THE BAR MINNESOTA LAW SPRING 2023

18

Eric Ryu joined Nilan Johnson Lewis as an associate and will focus his practice on corporate immigration and employment law. 20

Michael Gale-Butto joined Winthrop & Weinstine as an associate in the Litigation Practice. He will focus on employment practices, municipal regulations, constitutional law, and law enforcement matters.

Gina Tonn joined Greene Espel where she will provide business clients with advice and counsel in a variety of litigation matters.

21

Carmen Carballo joined Maslon where she will focus her practice on a wide range of general commercial litigation matters.

Lucy Holland joined Lockridge Grindal Nauen as an associate. She is a member of the firm’s antitrust group.

John E. Otruba joined Boylan Code where he specializes in corporate law. 22

Eura Chang joined Lockridge Grindal Nauen as an associate where she will practice primarily in the firm’s antitrust and data breach practice groups.

Emilie Keuntjes Erickson joined Faegre Drinker’s Minneapolis office where

she will focus on product liability and mass torts.

Kerry Gibbons joined Faegre Drinker’s Chicago office. She will focus on business litigation.

Yemaya Hanna joined Maslon where she will assist clients with a broad spectrum of general commercial litigation matters and business disputes.

Abigail Maier joined Maslon, where she will focus her practice on assisting clients to reach their wealth management and legacy goals.

Develyn Mistriotti joined Lockridge Grindal Nauen as an associate. He will focus on variety of areas including antitrust, civil rights, consumer protection, and business law.

Tarun Sharma joined Fredrikson & Byron as an associate at the Minneapolis office. He will focus his practice on mergers and acquisitions and sports and entertainment.

Jesse Smith joined Hanft Fride. Within business law, he will focus on business formation and operation, contracts, commercial litigation, and estate planning.

Sam Sylvan joined Reinhart Boerner Van Deuren as a member of the firm’s Litigation Practice in the Milwaukee office.

TARUN SHARMA ’22 JOINS FREDRIKSON AND ADJUNCT FACULTY

Tarun Sharma ’22, who joined Fredrikson & Byron’s mergers & acquisitions and sports & entertainment law groups, is one of the instructors of the Law School’s new Sports & Name, Image, & Likeness Clinic. Sharma helped found the clinic during his last semester at the Law School. Together with Fredrikson shareholder Christopher Pham, Sharma works with students to help collegiate athlete clients take advantage of their name, image, and likeness rights through endorsement and branding contracts.

JENNA NAND ’12 BECOMES CITY COUNCILOR

Jenna Nand ’12 was appointed to the city council of Edmonds, Washington. Nand is a business attorney with Fortuna Law. She has lived in Edmonds for nearly two decades. Nand identified affordability for working class families and seniors as her top priority, pledging to ensure Edmonds is “as economically diverse and inclusive as possible” while preserving the local environment. Edmunds is part of the Seattle metropolitan area and home to more than 40,000 people.

57 SPRING 2023 MINNESOTA LAW
Keep Your Classmates Posted! Send us your news at lawalum@umn.edu

Recent Gifts

GIFTS OF $100,000+

Minneapolis firm Jones Day made a generous gift to establish the Jones Day Diversity Scholarship in Law Fund. This revolutionary fund supports an incoming 1L law student through all three years of study for their J.D. In tandem with this scholarship, the Jones Day Scholar will be offered a firm mentor and paid-summer internships with the firm.

Cynthia Rosenblatt Ross pledged her support to establish the Ross Rosenblatt Ltd. Fund for Taxation Excellence to support tax-law related lectureships, faculty research, and other Law School tax faculty and curriculum needs.

GIFTS OF $25,000–$99,999

Kim Anderson ’83 made a pledge to the Law School Class of 1983 Scholarship Fund in honor of her 40th Law School Class Reunion. This scholarship benefits Minnesota Law students by making a world-class legal education more financially accessible.

Gov. James ’68 and Janet Blanchard pledged their support to the Law School Scholarship Fund in honor of Jim’s 55th Law School Class Reunion. The Law School Scholarship Fund supports students so they may have the opportunity of a world-class legal education without the barriers of financial burden.

Robert A. Guzy ’58 continues to give generously in support of the Joseph E. Wargo Anoka County Bar Association Professor of Family Law Fund. Until recently, this professorship was held by longtime Minnesota Law Professor Emeritus Judith Younger.

Gary ’74 and Barbara Haugen made a gift to help establish and endow the Michael O. Freeman Public

Service Fellowship. This fund was created to honor the former Hennepin County Attorney and Minnesota Law Class of 1974 alumnus by naming a fellowship to support students with a passion for public service.

Ronald E. ’78 and Renée Hunter made an additional gift to the Ronald E. Hunter Third World Caucus Scholarship Fund. This scholarship honors the members of the Third World Caucus by supporting students who enhance the diversity of the law school and legal communities.

Jay Kim ’88 made a pledge to support the Law School Diversity Scholarship Fund and the Law School Annual Fund. Both funds immediately support the needs of the Law School through student scholarship support and other programmatic needs.

Juanita Bolland Luis ’77 and Hon. Richard Luis ’74 made a gift in support of their endowed student scholarship at the Law School. The first academic

year this scholarship has been awarded, it is supporting a 1L student as they pursue their dream of becoming a lawyer-leader.

Bruce ’80 and Tracy Mooty made a gift to the Bruce and Tracy Mooty Scholarship Fund. Since the creation of this scholarship fund, 16 students have been named Mooty Scholars at Minnesota Law.

Cyrus A. Morton ’98 made a gift in support of the Law School’s Annual Fund. The Annual Fund provides immediate support to areas of greatest need, be it scholarship support, faculty excellence, or creating and maintaining world-class experiential programming.

Clara J. Ohr ’98 pledged her support to the Law School Diversity Scholarship Fund at Minnesota Law. This fund supports law students who increase the diversity of the student body and the legal field at-large.

Jami Rahman ’03 and Linda Rurangirwa ’03 pledged their support to the Law School Diversity Scholarship Fund, which

supports excellent J.D. students who increase the overall diversity of the Law School’s student body and the legal community at-large.

Joe ’67 and Carol Sullivan made a gift to the Eleanor B. Sullivan Scholarship Fund, named in memory of Joe’s mother Eleanor. This new scholarship is supporting its first scholar as they pursue their dream of earning a J.D. from Minnesota Law.

William R. ’68 and Carol Tempest supported the William and Carol Tempest Scholarship Fund. This fund is now supporting its second Tempest Scholar since first being awarded to a deserving Minnesota Law student in the fall of 2019.

PLANNED GIFTS

Steven L. Baron ’88

Patricia A. Beithon ’81

Hon. James E. Broberg ’65

Prof. Barry C. ’69 and Patricia L. Feld

Daniel ’92 and Evie Oberdorfer

58 RAISING THE BAR MINNESOTA LAW SPRING 2023
135 years of alumni, friends, and community members
to support the next generation of lawyer-leaders
this tradition today and give to Minnesota Law to support another 135 years of excellence in education, innovative experiential learning, and world-class educators. 59 SPRING 2023 MINNESOTA LAW
give.umn.edu/law
assistant director of annual giving, at kldjacob@umn.edu or 612-624-0097.
Celebrating
coming together
Continue
To make a gift, visit
or contact Katie Jacob,

Support future lawyer-leaders through Planned Giving

Planned gifts are as varied as the lawyer-leaders who make them. By partnering with Minnesota Law, along with your family and trusted advisors, you can create a plan that reflects your charitable goals, maximizes potential tax benefits, provides financial security for you and your loved ones, and creates a lasting legacy for you that will help the Law School remain a leader worldwide.

Examples of just some of the purpose-driven legacies created by those who have documented planned gifts with the Law School:

· Endowment of a new student scholarship

· A bequest to strengthen a pre-existing scholarship created by a beloved classmate

· Beneficiary designation of retirement assets to create a new faculty chair

· Direction of proceeds from a charitable gift annuity to support law school clinics

· A charitable remainder trust beneficiary designation to create a public service fellowship

· A bequest to provide unrestricted Law School supportt

To learn more about planned giving and ways you can achieve your philanthropic goals, contact David L. Jensen, Chief Advancement Officer at dljensen@umn.edu or 612-625-2060.

“I made a gift to the University of Minnesota Law School through my estate plan because I am grateful for my legal education and career, and I would like to help ensure that others have the same opportunity in the future.”

To give today, visit law.umn.edu/give/planned-giving

Join the Law School’s esteemed 1888 Society with a Legacy Gift!

The 1888 Society celebrates the founding of the University of Minnesota Law School in 1888 and the future of the Law School made possible by the generous individuals who have created a lasting legacy by including the Law School in their estate or financial plans.

To learn more about the 1888 Society Benefits, contact David L. Jensen, Chief Advancement Officer at dljensen@umn.edu or 612-625-2060.

MINNESOTA LAW SPRING 2023 60 RAISING THE BAR

Tributes

Edward H. Borkon ’58, a longtime private practitioner and friend and supporter of the Law School, passed away December 3 at the age of 92.

Borkon served in the U.S. Marine Corps and 11th Armored Calvary Division of the U.S. Army in the 1950s before enrolling at Minnesota Law. He started his legal career working with the Legal Aid Society of Minneapolis. In 1961, he joined the firm of Schermer and Gensler, where he later became a named partner. During his more than half century of practice, he was a mentor and friend to many.

WILLARD “SANDY” BOYD ’51 FORMER UNIVERSITY OF IOWA PRESIDENT

Former University of Iowa president Willard “Sandy” Boyd ’51 died December 13 at the age of 95.

Born in St. Paul, Minnesota, Boyd received both his undergraduate and law degrees from the University of Minnesota. He went on to obtain Master of Law and Doctor of Juridical Science degrees from the University of Michigan.

Boyd practiced law for two years in Minneapolis and the joined the faculty of the University of Iowa in 1954. He later served as associate dean of the University of Iowa College of Law and vice president of academic affairs.

Boyd became president of the University of Iowa in 1969, serving for 12 years before leaving to serve as president of the Field Museum of Natural History in Chicago. After retiring from the Field Museum, he returned to the Iowa as a law professor in 1996 and served as interim president in 2002–03. He formally retired from the University in 2015.

reached the state’s mandatory judicial retirement age of 70. He served about four of those years as chief judge.

Collins was also a veteran. He served three years on active duty beginning in December 1968, including a year in Vietnam, for which he was awarded a Bronze Star. He ultimately obtained the rank of captain.

Julian Edward Collins ’78, a retired circuit court judge, died December 1 at the age of 78.

Collins was elected to the bench of Columbia County in Florida in 1988. After 11 years on the Columbia County bench, he was appointed a Circuit Court judge. Collins held that seat for the next 14 years, until he

David Durenberger ’59, who served 16 years in the U.S. Senate, died January 31 at the age of 88.

In 1955, Durenberger graduated from St. John's University in Collegeville. The top cadet in his ROTC class, he became a lieutenant in the Army Counter-Intelligence Corps and later a captain in the U.S. Army Reserve. He graduated from Minnesota Law in 1959 and practiced corporate law.

Durenberger went into politics early in his career, serving as executive secretary to Gov. Harold LeVander. He also worked for Minnesota Governor Elmer L. Andersen. In 1978, he was elected to the U.S. Senate, holding his seat three terms. As a senator, he advocated for expansion of Medicare benefits, gender equity, and disability rights, including the Americans With Disabilities Act.

61 SPRING 2023 MINNESOTA LAW
JULIAN EDWARD COLLINS ’78 RETIRED FLORIDA CIRCUIT COURT JUDGE DAVID DURENBERGER ’59 THREE-TERM U.S. SENATOR
CONT >

MAHLON FLOYD HANSON ’69 FORMER MINNESOTA WORKERS COMPENSATION COURT OF APPEALS JUDGE

Northern Mariana Islands, died February 22 at the age of 61.

Kaipat, the first Refaluwasch woman to become a lawyer, also served as assistant attorney general and as deputy secretary of the commonwealth’s Department of Labor.

A cultural advocate, Kaipat was also one of the founders of Beautify CNMI!, a nonprofit coalition seeking to enhance the natural beauty of the Commonwealth of the Northern Mariana Islands and to foster community pride in its residents and visitors.

loved the law but he was always acutely aware that the law itself could be unjust, as could the people who write and interpret it. But he was eternally optimistic in its ability to be transformative for good.”

Mahlon Floyd Hanson ’69, a former judge for the Minnesota Workers Compensation Court of Appeals and the Miami Immigration Court, died December 29 at the age of 77.

Hanson received both his bachelor of arts and law degrees from the University of Minnesota. In addition to his judicial service, he served as an assistant counsel for the former Immigration and Naturalization Service in Minnesota and later in Miami.

Hanson also served as a Staff Judge Advocate Officer in the U.S. Army on active duty and as a reservist. He retired as a Colonel.

Allan A. Ryan ’70, a former U.S. Justice Department lawyer who in the 1980s was responsible for finding and prosecuting dozens of Nazi collaborators living in the United States, died January 26 at the age of 77.

Ryan served as the director of the Office of Special Investigations, a U.S. Justice Department unit. The office was created in 1979 in light of reports that thousands of Nazi collaborators had come to the United States as refugees after World War II, many under assumed identities.

The New York Times referred to Ryan as “the nation’s foremost Nazi hunter” for his work, which included a team of 20 lawyers and 10 investigators. He later worked at Harvard University and taught classes at Boston College Law School. His daughter, Elisabeth Ryan, says of her father’s life and legacy, “To this day, my brother and I follow it as a core principle in our lives,” she said. “He

After graduating Law School as one of only a handful of women in her class, Sederberg could not find work at a Duluth law firm so she started her own private practice, specializing in real estate, probate, and wills.

After practicing privately and becoming a public defender, Sederberg was appointed as a Judicial Officer for St. Louis County in 1974. After 18 years as a judicial officer, she was appointed a Sixth District Court judge, the first woman ever to hold that position. In 1996, Sederberg retired from the bench and spent the next two decades as an arbitrator for the Housing and Redevelopment Authority of Duluth. Sederberg served on many governing boards. She was a charter appointee to the Western Lake Superior Sanitary Commission (WLSSD), overseeing the building of the new water filtration plant. She was also on the board of directors for the new hockey facility of Marshall School, and the board for Northland Children’s home, working to improve the lives of the children in the community.

62 RAISING THE BAR MINNESOTA LAW SPRING 2023
JACINTA ‘CINTA’ MATAGOLAI KAIPAT ’97 FORMER REPRESENTATIVE, NORTHERN MARINA ISLANDS Jacinta “Cinta” Matagolai Kaipat ’97, a former House representative for the Commonwealth of the ALLAN RYAN ’70 ‘NATION’S FOREMOST NAZI HUNTER’ JEANNE SEDERBERG ’52 FIRST WOMAN TO SERVE ON SIXTH DISTRICT BENCH Sixth Judicial District Judge Jeanne H. Sederberg ’52 died October 30 at the age of 96.
< CONT

In Memoriam

CLASS OF 1951

Willard L. Boyd

December 13, 2022

Iowa City, Iowa

CLASS OF 1952

Thomas E. Dougherty

October 22, 2022

Minneapolis, Minnesota

Jeanne F. Sederberg

October 30, 2022

Duluth, Minnesota

CLASS OF 1955

Richard A. Burkhardt

November 14, 2022

Hayfield, Minnesota

CLASS OF 1958

Edward H. Borkon

December 3, 2022

Minneapolis, Minnesota

Herman A. Friess

December 6, 2022

Rice Lake, Wisconsin

CLASS OF 1959

Duane C. Anderson

October 27, 2022

Sioux Falls, South Dakota

David F. Durenberger

January 31, 2023

Saint Paul, Minnesota

Morris A. Grover

October 24, 2022

Parkers Prairie, Minnesota

CLASS OF 1962

Thomas F. Kelly

July 6, 2022

Richfield, Minnesota

CLASS OF 1964

Ford W. Crouch

December 2, 2022

Minneapolis, Minnesota

Paul D. Dove

October 6, 2022

Bloomington, Minnesota

CLASS OF 1966

Richard W. Towey

September 18, 2022

Duluth, Minnesota

CLASS OF 1967

Peter D. Anderson

September 7, 2022

King City, California

Carl J. Newquist

February 17, 2023

Fridley, Minnesota

CLASS OF 1969

James F. Bodin

January 4, 2023

Lake Elmo, Minnesota

James D. Gurovitsch

December 16, 2022

Golden Valley, Minnesota

Mahlon F. Hanson

December 29, 2022

Bonita Springs, Florida

CLASS OF 1970

Allan A. Ryan

January 26, 2023

Norwell, Massachusetts

William F. Skewes

September 11, 2022

Evergreen, Colorado

CLASS OF 1972

Mark R. Johnson

July 21, 2022

Minnetonka, Minnesota

CLASS OF 1974

Joseph M. Goldberg

September 8, 2022

Minneapolis, Minnesota

CLASS OF 1976

Sandra A. Berthene

November 9, 2022

Saint Charles, Illinois

CLASS OF 1978

Julian E. Collins

December 1, 2022

Canton, Georgia

Robert H. Rydland

December 14, 2022

Minneapolis, Minnesota

CLASS OF 1984

Scott A. Ritchie

January 7, 2023

Saint Paul, Minnesota

CLASS OF 1989

John H. Lewis

October 22, 2022

Clermont, Florida

CLASS OF 1990

William J. Morgan

August 1, 2022

Albuquerque, New Mexico

CLASS OF 1993

Scott C. LaBarre

December 10, 2022

Centennial, Colorado

CLASS OF 1997

Michelle M. Jacobson

November 27, 2022

Minneapolis, Minnesota

Jacinta M. Kaipat

February 22, 2023

Saipan, Northern Mariana Islands

CLASS OF 1999

Jennifer J. Quick

September 14, 2022

Rochester, Minnesota

CLASS OF 2002

Matthew A. Berliner

August 5, 2022

Irvine, California

CLASS OF 2009

Kristofor L. Storvick

May 25, 2021

Saint Paul, Minnesota

63 SPRING 2023 MINNESOTA LAW

WHY I GIVE Jim Rustad ’67

For Jim Rustad ‘67, the University of Minnesota offered a chance to explore and unite his interests in three disciplines of higher education. After receiving a bachelor’s in chemical engineering in 1964, he enrolled in the Law School, graduating in 1967. He went on to earn a MBA from the University of Minnesota in 1972.

It’s no surprise, then, that his career was as varied as his education. He worked for the legal department at General Mills, where he trained to become a patent attorney and was admitted to practice before the U.S. Patent Office. He also spent several years in general practice with two Minneapolis law firms and held in-house counsel positions before joining Merrill Lynch and later RBC Wealth Management, enjoying a 28-year career as a financial consultant to individuals, small companies, and their retirement plans.

By supporting the Law School, Rustad notes, “I am hitting three of my target giving areas: scholarships, human rights, and citizenship.”

He’s encouraged by the opportunities today’s law students have. “I think the odds are in favor of our current students succeeding because their experience includes such a bright, energetic, and diverse collection of classmates, the quality of the faculty, and broad range of choices among the clinics offered,” he said.

Rustad, who served on Minnesota Law’s Board of Advisors for six years, is also inspired to support the Law School because of what he sees as a “lifetime of benefits” that he has enjoyed as an alumnus and wants others to have those experiences as well. “I continue to benefit from the Law School because of ongoing connections through alumni, staff, classmates, CLE classes, Lockhart Club dinners, and other celebrations,” he said. One of his most cherished memories is when he was sworn in by Justice Sandra Day O’Connor to practice before the U.S. Supreme Court, along with a group of other Law School grads.

HOMETOWN: Minneapolis, Minnesota

GIVING LEVEL: Murphy Society, William B. Lockhart Club

WHAT WON’T WE FIND ON YOUR RESUME?

We have a small seasonal cabin on a lake in Northwestern Wisconsin. Last summer, I rowed around the lake (a distance of about three miles) 45 times in my 1970s vintage aluminum rowboat.

WHAT IS ONE PIECE OF ADVICE YOU WOULD GIVE TO FIRST-YEAR LAW STUDENTS? Grow skills to listen, empathize, problem-solve, collaborate, and tell stories.

64 RAISING
MINNESOTA LAW SPRING 2023
THE BAR
❘❘❘❘

WAYS TO GIVE

There are many ways to give back to the University of Minnesota Law School. For more information, visit www.law.umn.edu/giving. Or send your gift directly to the University of Minnesota Foundation, P.O. Box 860266, Minneapolis, MN 55486-0266, noting “Law School” in the memo line.

ANNUAL FUND

Student scholarships, clinics, and faculty support are just a few areas that benefit from annual gifts made to the Law School. Please contact Lizzy Beghelli, director of alumni relations and annual giving, at beghelli@ umn.edu or call 612-626-8671 to learn more about how you can support the Annual Fund.

To make a gift, visit give.umn.edu/law

SPRING

Virtual and in-person events were held April 10-16, 2023, as well as special reunion events for class years ending in ’3 and ’8. Thanks to all our alumni who were able to join us for another exciting Spring Alumni Week!

Save the Date for Spring Alumni Week 2024! APRIL 15-21, 2024

ELECTRONIC SERVICE REQUESTED
421 MONDALE HALL 229 19TH AVENUE SOUTH MINNEAPOLIS, MN 55455
ALUMNI WEEK is a great time to celebrate our Minnesota Law alumni community!
Rick Holmstrom ’73 poses with his class Zoobook Members of the Class of 2008 at the Student & Alumni Affinity After-Party The Class of 1983 celebrated their win of this year’s Attendance Cup at their 40th reunion Alumni from the Classes of 1996 & 1997 join Dean Garry W. Jenkins at the All Alumni Reception The Class of 2018 gathered for their five-year reunion

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