SPRING 2016
Perspectives THE MAGAZINE FOR THE UNIVERSITY OF MINNESOTA LAW SCHOOL
ALTERNATIVE DISPUTE REVOLUTION IN THIS ISSUE Law School Convocation Dean David Wippman: Playing a Difficult Hand Supreme Court Bobbleheads Theory at Work: Perry Moriearty Faculty Profile: Brad Clary (’75)
Mediators Go for the Win-Win
DEAN David Wippman ASSISTANT DEAN AND CHIEF OF STAFF Nora Klaphake (’94) DIRECTOR OF COMMUNICATIONS Cynthia Huff EDITOR AND WRITER Jeff Johnson COMMUNICATIONS SPECIALIST Luke Johnson ACTING DIRECTOR OF DEVELOPMENT David Jensen DIRECTOR OF ALUMNI RELATIONS AND ANNUAL GIVING Dinah C. Zebot CONTRIBUTING WRITERS Brooke Depenbusch Sam Engel (’16) Kathy Graves Ryan Greenwood Mike Hannon (’98) Cathy Madison Todd Melby Karin Miller Nia Chung Srodoski (’16) Maria Warhol (’16) COVER ILLUSTRATION Stephen Webster PHOTOGRAPHERS Jayme Halbritter Jeopardy Productions, Inc. Tim Rummelhoff University of Minnesota Law Library Archives DESIGNER Launch Lab Creative
BOARD OF ADVISORS Sitso W. Bediako (’08) Amy L. Bergquist (’07) Karin J. Birkeland (’87) James L. Chosy (’89) Jennifer Ciresi (’07) William E. Drake (’66) John F. Hartmann (’87) Gary J. Haugen (’74) Cathy F. Haukedahl (’79) Rachel C. Hughey (’03) Jay L. Kim (’88) (Chair Elect) Jeannine L. Lee (’81) Marshall S. Lichty (’02) Daniel W. McDonald (’85) Christine L. Meuers (’83) Rebecca Egge Moos (’77) Cyrus A. Morton (’98) Michael T. Nilan (’79) David B. Potter (’80) (Chair) Roshan N. Rajkumar (’00) Mary S. Ranum (’83) The Honorable James M. Rosenbaum (’69) Lisa A. Rotenberg (’85) Stephen P. Safranski (’97) Amy C. Seidel (’98) Joseph P. Sullivan (’67) The Honorable John R. Tunheim (’80) Kevin Warren
Perspectives 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 Cynthia Huff (huffx070@umn.edu), Director of Communications, University of Minnesota Law School, 229 19th Avenue South, 421 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. ©2016 by University of Minnesota Law School
Corrections and Clarifications On page 5 of the fall issue, in the caption of the photo of the Minnesota Court of Appeals proceedings from October 15, Judge David Menge was erroneously identified as Judge Stauber.
FROM THE DEAN
TIMES CHANGE. OUR MISSION DOESN’T. On May 14, the Law School will celebrate its 128th commencement. Not long after our graduates leave Mondale Hall for new careers, I will also be leaving, to assume the presidency of Hamilton College. Our students have taken note. In this year’s Theatre of the Relatively Talentless (TORT) student musical, I had a cameo role as a disgruntled faculty member who storms out of a meeting shouting, “I am so over this school!” Nothing could be further from the truth. While I am excited about my new role at Hamilton, I will miss the Law School and the many extraordinary people I have come to know over the past eight years. Of course, it has not been an easy time in legal education. High tuition and a tight job market have combined to drive down applications, here and across the country. The Great Lakes region has been particularly hard-hit, with the largest overall drop in college seniors applying to law school. Many continue to question the value of a law degree, even though recent studies continue to show a strong return on investment for most students. In order to maintain the high caliber of our students, we, like most other law schools, have intentionally taken a smaller entering class in recent years. Smaller graduating classes in turn mean improved employment opportunities for most students. But a smaller student body means less tuition revenue. We have found many ways to reduce expenditures, but starting in 2013, we also sought and received increased support from the central University. There is nothing unusual in this. In the aftermath of the 2008 recession, the University’s financial support for the Law School declined significantly (from about 22% to about 7% of the Law School’s budget). In recent years, the University increased its support for the Law School (to about 18% of its budget), just as the University periodically assists other units that face unexpected operating deficits. The Law School is working with the central University to eliminate the need for the increased support over the course of the next few years. Since 1888, our mission has remained the same: to educate students in the law principally through instruction and high-quality programs; to contribute substantially to knowledge of the legal order through publication and other dissemination of scholarship; and to provide discipline-related public service to the University, the state, the international community, and the legal profession. With your support, the Law School will continue to fulfill its mission at the highest level, even as it continues to adapt and improve to meet the needs of our fast-changing world. It has been a great privilege for me to serve as the Law School’s dean for the past eight years, and I look forward to watching from afar as the Law School reaches new heights.
David Wippman Dean and William S. Pattee Professor of Law
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CONTENTS ALTERNATIVE DISPUTE REVOLUTION Mediators Go for the Win-Win
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By Cathy Madison Illustration by Stephen Webster
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THEORY AT WORK PERRY MORIEARTY
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DEAN’S PERSPECTIVE Times Change. Our Mission Doesn’t.
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AT THE LAW SCHOOL “Echoes of Birmingham” Is Theme for Law School Convocation Dean David Wippman: Playing a Difficult Hand • Career Highlights • Justice Visits • Other Milestones • New Chairs Established Robert W. Gordon Delivers Erickson Legal History Lecture • Robina Foundation Renews Support for Three Law School Programs Recent CNA Successes • Other Clinic News Staff News • Moshe Halbertal Delivers John Dewey Lecture • Feedback Requested! • Save the Date: Supreme Court Justice Sotomayor Minnesota Journal of Law, Science & Technology Hosts 3D Printing Symposium Glenn Altschuler Delivers Horatio Ellsworth Kellar Lecture • Legal History Workshops The Minnesota Journal of International Law ’s 2016 Symposium: Global Trade, Sovereign Debt The Supreme Court Bobbleheads: A New Law Library Exhibit In Retrospect: From the Law Library Archives: Edward Lowell Rogers (1904) Impact of Giving: Creating “Amazing Opportunities” with Scholarship Gifts Scholarship Stories: Ceena Idicula Johnson (’16), Luke Haqq (’17), Matthew Webster (’11)
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Faculty Perspective Faculty Awards, Grants, and News Professor Barry Feld: Thoughts on a Law School Career • Other Departures Faculty Works in Progress Prof. Joan Howland Named One of “Most Influential People in Legal Education” • Faculty Books Faculty Profile: Brad Clary (’75)
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Student Perspective Student Profiles Student News and Awards 2016-17 Journal Editors TORT 2016: Doomed to Hilarity
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Alumni Perspective Alumni Profiles Alumni News and Awards Alumni Bookshelf Fall Alumni and Student Social Class Notes Recent Events: Shanghai Alumni and Student Reception Recent Graduate and Current Student Networking Reception and Happy Hour Recent Events: Alumni and Students Connect • Tort Pre-Show Alumni Reception • Naples, Fla., Alumni and Donor Reception • National Alumni and Admitted Student Events: New York • Chicago • San Francisco • Washington, D.C. In Memoriam
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“ECHOES OF BIRMINGHAM” IS THEME FOR LAW SCHOOL CONVOCATION
Left to right: Tracie Keesee, Prof. Mark Kappelhoff, Justice Alan Page (’78) and Dean David Wippman RACE, POLICE-COMMUNITY TRUST,
and the criminal justice system were on the minds of speakers at the Jan. 19 Law School Convocation event “Echoes of Birmingham: Dr. King’s Legacy in Today’s Minnesota,” which was sponsored by the Law School
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Diversity Committee. Professor Mark Kappelhoff, a former deputy assistant attorney general in the Civil Rights Division of the U.S. Department of Justice, began the discussion of the Rev. Martin Luther King Jr.’s 1963 “Letter
from Birmingham Jail” by pointing to its most famous passage: “Injustice anywhere is a threat to justice everywhere.” While that sentence underlines King’s rationale for protesting inequality and segregation in Alabama, Kappelhoff said the next two sentences offer particular poignancy today. “We are caught in an inescapable network of mutuality, tied in a single garment of destiny,” King wrote. “Whatever affects one directly affects all indirectly.” Police encounters resulting in the deaths of Michael Brown in Ferguson, Mo., Laquan McDonald in Chicago, and Jamar Clark in Minneapolis, among others, have launched an important conversation about race, policing, and community
1 On Feb. 1, Minnesota Supreme Court Justices heard oral arguments in MoneyMutual, LLC v. Rilley, et al. Left to right: Associate Justice David R. Stras, Associate Justice G. Barry Anderson (’79), Chief Justice Lorie Skjerven Gildea, Associate Justice Christopher J. Dietzen, Associate Justice Natalie E. Hudson (’82)
2 Left to right: Jim and Mary Meyer, Glenn Altschuler, Dean David Wippman
3 Defense attorney Dean Strang of the Netflix series Making a Murderer spoke to students about the criminal justice system.
4 Author Jeff Smith recently spoke about his book, Mr. Smith Goes to Prison.
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trust across the country. “This conversation, and the events that launched this conversation, impacts all of us. People are paying attention now like never before,” Kappelhoff said. Joining Kappelhoff were Alan Page (’78), a former Minnesota Supreme Court Justice, and Tracie Keesee, project director of the National Initiative for Building Community Trust and Justice. Dean David Wippman moderated the discussion. “There’s a space of exhaustion that King points to,” Keesee said, and “a historical narrative and trauma that goes along with it.” In the letter, King reminds readers that African Americans have suffered for centuries at the hands of “vicious mobs” who lynch and drown them and “policemen who curse, kick, and even kill your black brothers and sisters.” Page, who grew up in a black neighborhood in Canton, Ohio, in
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the 1950s, remembers a “great deal of distrust in law enforcement.” That uneasiness between blacks and police continues today, which led Keesee to advocate for police to examine not just explicit bias but also implicit bias. “That’s a space that’s new for law enforcement,” she said. Audience members and panelists also spoke about the implications of police body cameras, religious bias against Muslims, building police-community trust, and the importance of addressing implicit bias in our society. As the discussion swirled, Page urged people to not focus on a single solution. “We need a comprehensive approach,” he said. “We can’t just identify one piece of the problem and complain about it and do nothing more.” ■
Tracie Keesee
Justice Alan Page (’78)
“Echoes of Birmingham” was the first in a series of events sponsored by the Law School Diversity Committee and others at the Law School during the spring semester. A calendar is available at www.law.umn.edu/admissions/equity-diversity.
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DEAN DAVID WIPPMAN: PLAYING A DIFFICULT HAND David Wippman came home to the Twin Cities on July 1, 2008, to be the 10th dean of the Law School. In July, he leaves to become president of Hamilton College in Clinton, N.Y. Eight years is an above-average tenure for a law school dean, and these eight years were anything but average. When Wippman became dean, the economy was in decline and admissions were rising, but the job market couldn’t support the number of law school grads who had hoped the economy would rebound by the time they graduated. The new dean had been dealt a daunting hand of cards—and the record shows he played it brilliantly. Though it’s impossible to capture eight years of guest lectures, dinners, fundraising efforts, and TORT performances in just two pages, these images and accomplishments do reflect Wippman’s character, creativity, wit, and lasting influence on the Law School. Thank you, Dean Wippman, for your service— and for not passing up your bid to take on the challenge. We wish you the best. 1
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CAREER HIGHLIGHTS 2008
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2012
Sept. 5: Dean Wippman Installation
LL.M. in Business Law established
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Law School becomes new editorial home of ABA Journal of Labor and Employment Law Law School moves toward self-sufficiency
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Law School launches $70 million fundraising campaign Corporate Institute established Robina Institute of Criminal Law and Criminal Justice established
2014
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Law School celebrates its 125th anniversary Clinics celebrate 100th anniversary Human Rights Center celebrates 25th anniversary Center for New Americans established Law in Practice course established Mock Trial Scholars Program established Uppsala and Law School celebrate 30-year partnership
Energy Transition Lab established Master of Science in Patent Law program established
Doctor of Juridical Science program established LL.M. in Patent Law program established GENERATIONS campaign raises $73 million, exceeds $70 million goal Minnesota Law Review celebrates its 100th volume Dec. 11: Dean Wippman announces he’s stepping down
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Minnesota Law Public Interest Residency program established
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JUSTICE VISITS 3 sitting U. S. Supreme Court Justices have visited the Law School:
OTHER MILESTONES
LL.M. class grew from 22 in 2009 to 78 in 2016 45 new endowed funds added with total current commitments of more than $10 million 55 new scholarship funds added with total current commitments of more than $9 million
NEW CHAIRS ESTABLISHED
Justice Clarence Thomas—April 15, 2009 (returned to teach a class in spring 2010) Retired Justice Sandra Day O’Connor— Feb. 10, 2010 Justice Ruth Bader Ginsburg—Sept. 16, 2014 Justice Antonin Scalia—Oct. 20, 2015
John and Bruce Mooty Chair in Law and Business Robina Chair in Law, Science and Technology Robina Chair in Law, Public Policy and Society James H. Michael Chair in International Human Rights Law
Dean David Wippman Dean Wippman teaching a course on international law 3 U.S. Marshal canine Zion calls Dean Wippman’s bluff. 4 Dean Wippman’s entering class presents a gift during Commencement. 5 Prof. Fred L. Morrison, former Vice President Walter Mondale (’56), Dean Wippman, and Rector Dag Rune Olsen 6 Left to right: former Provost Thomas E. Sullivan, Michael Hurley (’80), Dean Wippman, Regent Patricia S. Simmons, former University of Minnesota President Robert H. Bruininks 7 Dean Wippman speaks at the Law School’s 125th Anniversary celebration. 8 Dean Wippman delivers his William S. Pattee Chair Lecture. 9 2012 Law School faculty and staff 10 Dean Wippman picks up a few pointers from card shark Adam W. Hanson (’08) during an alumni event. law.umn.edu Perspectives SPRING 2016
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ROBERT W. GORDON DELIVERS ERICKSON LEGAL HISTORY LECTURE
Robert W. Gordon ON MARCH 3, 2016, ROBERT W.
Gordon gave the Erickson Legal History Lecture, entitled “Morals, Markets, and Lawyers.” Gordon is a professor at Stanford Law School and Chancellor Kent Professor Emeritus of Law and Legal History at Yale Law School. He is a preeminent scholar of critical legal history, the legal profession, and law and globalization. Gordon’s lecture addressed a contentious and centuries-old debate about lawyers’ role as protectors of the moral underpinnings needed
to sustain market societies. After demonstrating that scholars engaged in this conversation have consistently pointed to market societies’ dependence upon shared moral, political, and social norms, Gordon engaged the question of whether commercial societies either reproduce or corrode those shared codes, and whether lawyers might act as champions of the public interest. Gordon deftly argued that American history offers a powerful endorsement of the positive role that lawyers can play as defenders of the public interest through their mediation between market and morality. Lawyers’ unique responsibility to protect the public interest, Gordon explained, harks back to the country’s founding generation—but it’s also notable during more recent episodes of social reform, as seen in the pivotal leadership provided by lawyers during both the New Deal and the civil rights eras. Gordon concluded that
the 2008 financial crisis and growing economic inequality have offered a vivid demonstration of the limitations in the market’s ability to self-regulate. Lawyers, he emphasized, are in a prime position to serve as mediators between morality and the marketplace. Law schools, he concluded, might lead the way in training such publicly engaged lawyers. Ronald A. (’60) and Kristine S. (’72) Erickson are long-standing supporters of the Law School and the University of Minnesota. The Ericksons’ philanthropic investment in the Law School’s Legal History Program supports this lecture series and other aspects of the Legal History Program. The Ronald A. and Kristine S. Erickson Legal History Series is named in recognition of their leadership and generosity. ■ By Brooke Depenbusch, former Erickson Fellow and a Ph.D. candidate in history
ROBINA FOUNDATION RENEWS SUPPORT FOR THREE LAW SCHOOL PROGRAMS IN DECEMBER, THE BOARD OF directors of the Minneapolis-based Robina Foundation awarded generous grants of support to three important, ongoing initiatives at the Law School. • The Robina Public Interest Scholars Program, established with a $3.5 million gift from the foundation in 2012, creates a seamless path from admission to full-time employment for students interested in public interest careers. The program has significantly increased the number of graduates who enter public service, and has allowed Scholars to graduate with substantially less debt. The new Robina funding of $3,956,752 will extend the program through the 2021-22 academic year and expand it to support a larger class of students.
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• The Bridge Fellowship Program, established by the Robina Foundation in 2009, helps recent graduates launch their careers. The program provides short-term postgraduate fellowships at government agencies or nonprofit organizations, giving new graduates a pathway to build skills and contribute to their community while awaiting bar exam results. The foundation has committed to funding the program with $750,000 for the next five years. • The foundation has pledged to fund years 4 and 5 of Robina Institute of Criminal Law and Criminal Justice research into sentencing systems and their impacts on public safety, racial and ethnic disparities, sentencing proportionality, and imprisonment
rates. This research is part of a larger effort to provide direct assistance to jurisdictions that are exploring ways to improve and advance the way they administer their sentencing systems. In announcing the additional support, Kathleen Blatz (’84), Robina Foundation board chair, said, “The sentencing reform work of the Criminal Law and Criminal Justice Institute will have the transformative impact on critical social issues that James Binger (’41) and the Robina Foundation envisioned when establishing the Institute originally. We are also pleased to continue our support of the Robina Public Interest Scholars and the Bridge Fellowship Programs, empowering students who want to pursue careers in public interest law.” ■
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RECENT CNA SUCCESSES Center for New Americans, Partners Cement SCOTUS Victory and Secure Fair Enforcement Policy for Immigrants Nationwide FOLLOWING A REMARKABLE
second round of litigation before the U.S. Supreme Court, the immigration case of Moones Mellouli came to a definitive end in late 2015 when an immigration court dismissed with prejudice all deportation proceedings against him. Mellouli was represented by a team of lawyers and law students from the University of Minnesota Law School’s Center for New Americans (CNA), the Faegre Baker Daniels law firm, and the Immigrant Law Center of Minnesota. On June 1, 2015, the Supreme Court issued its opinion in Mellouli v. Holder, ruling 7-2 that a legal permanent resident such as Mellouli could not be deported under immigration laws for a drug conviction unless the conviction was tied to a specific drug controlled by federal statute. (Mellouli had pleaded guilty in 2010 to possessing drug paraphernalia, and federal immigration officials had deported him to Tunisia without showing that his conviction related to any drug controlled by federal law.) However, in July, the 8th Circuit Court of Appeals issued a surprising new judgment saying federal authorities might still justify Mellouli’s deportation with facts not proven by his 2010 paraphernalia conviction. In August, Mellouli’s team won an order from the Supreme Court staying any further deportation proceedings while they prepared a new appeal for the justices to consider. And in October, U.S. Solicitor General Donald Verrilli filed a public statement with the justices conceding that the new 8th Circuit decision could not provide a valid basis for Mellouli’s deportation or the deportation of any other immigrant in his position. CNA teaching fellow Kate Evans said the extra round of litigation cements Mellouli’s Supreme Court
win and effectively extends its protections. “The government’s promise that it will never seek to deport immigrants by looking behind some of the most minor drug convictions in search of facts that were never proven in criminal court is an important policy shift. It both clarifies and secures the benefit of our client’s victory for immigrants nationwide.” Postscript: In February, Minnesota Lawyer magazine featured the Mellouli litigation team among its 2015 Attorneys of the Year.
and emergency stays of removal in an unprecedented, high-stakes environment. The team’s efforts were instrumental in preventing the deportation of 12 families to countries where they faced immediate harm. National media—including the New York Times, in an article and editorial, and the Washington Post— covered the ICE raids and the team’s successful efforts to save many families from removal. Minnesota Lawyer published a feature story on the team in its Feb. 22 issue.
Defending Asylum Seekers Targeted by Federal Immigration Raids
New Yorker Profiles Former Child Soldier Represented by CNA Team
IN JANUARY, A LEGAL TEAM FROM
IN ITS ISSUE DATED DEC. 7, 2015,
the CNA worked as part of the CARA Family Detention Pro Bono Project to win stays of removal for women and children who were swept up in deportation raids conducted by U.S. Immigration and Customs Enforcement (ICE) agents. The team included CNA law students and staff along with attorneys from Mid-Minnesota Legal Aid and the Minneapolis-based law firm Faegre Baker Daniels. Team members were volunteering with the CARA Project at the largest family detention center at Dilley, Texas, assisting newly arrived women and children fleeing violence in Central America, when ICE raids were launched around the country. One hundred and twenty-one people, mostly families with children, were arrested and transported to the Dilley detention center. As government officials moved to quickly deport the families, the CNA team was at the forefront of efforts to prepare last-minute appeals
the New Yorker published a profile of Nelson Kargbo, a refugee and former child soldier from Sierra Leone who was successfully represented in his immigration case by CNA law students, in partnership with Minneapolis-based Dorsey & Whitney and the American Civil Liberties Union of Minnesota. “By the time he found us, Mr. Kargbo had already been in jail for more than a year, suffering mental illness, and trying to defend himself in immigration court without a lawyer,” said Becky Cassler (’16), one of nine law students who helped stop Kargbo’s deportation and win his release from immigration custody. “Working on this case has given me a taste of what it feels like to fight for justice in an unjust system. I hope to continue that work for the rest of my career.” The New Yorker article is available at www.newyorker.com/ magazine/2015/12/07/the-refugeedilemma. ■
OTHER CLINIC NEWS The Law School will offer 24 clinics during the 2016-17 academic year. New this year is the Intellectual Property and Entrepreneurship Clinic. Classes involve a mixture of lecture, interviewing and counseling exercises, and writing exercises. The lectures cover core legal topics and questions frequently encountered in an IP- and entrepreneurship-related legal practice in order to prepare students for interactions with clients. To see a full listing of our clinics, go to law.umn.edu/academics/experiential-learning/clinics.
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STAFF NEWS Deepinder Singh Mayell was named director of the education and outreach program of the Center for New Americans (CNA). The program engages law students, along with the CNA’s law firm and nonprofit partners, in collaborative projects that teach noncitizens about their legal rights and train lawyers to provide high-quality pro bono representation to immigrants. Mayell will design new outreach initiatives in cooperation with faculty from the CNA’s three immigration clinics and expand the number of immigration-related externships offered to law students. A graduate of Brooklyn Law School, Mayell was previously the director of the Refugee & Immigrant Program at The Advocates for Human Rights in Minneapolis. While at The Advocates, Mayell helped develop the proposal to create the Center for New Americans in 2013 and served on its advisory committee for three years. Mayell has also supported the CNA by serving as co-counsel in asylum litigation before the U.S. Supreme Court, as a co-organizer of numerous educational programs for law students and volunteer lawyers, and through his frequent appearances as a guest lecturer at clinical seminars. ■
FEEDBACK REQUESTED! We’d like to hear what our readers think about the content, frequency, and overall quality of Perspectives. Please complete the online readership survey at z.umn.edu/15ij. Prefer to complete the survey on paper rather than online? Contact Cynthia Huff at 612-625-6691.
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MOSHE HALBERTAL DELIVERS JOHN DEWEY LECTURE ON NOV. 3, 2015, MOSHE
Halbertal delivered the 27th John Dewey Lecture in the Philosophy of Law, entitled “Protecting Civilians: Moral Challenges of Asymmetric Warfare.” Halbertal is the Gruss Professor of Law at New York University School of Law, the John and Golda Cohen Professor of Jewish Thought and Philosophy at the Hebrew University of Jerusalem, and a professor of law at the Interdisciplinary Center Herzliya (IDC) in Herzliya, Israel. He received his Ph.D. from Hebrew University in 1989, and from 1988 to 1992 he was a fellow at the Society of Fellows at Harvard University. Halbertal has been a visiting professor at Harvard Law School, the University of Pennsylvania Law School, and Yale Law School. His books include On Sacrifice; Maimonides: Life and Thought; People of the Book: Canon, Meaning, and Authority; Interpretive Revolutions in the Making; and By Way of Truth: Nahmanides and the Creation of Tradition. In 2010, Halbertal was named a member of Israel’s Academy for the Sciences and the Humanities. In his Dewey Lecture, Halbertal spoke about a common condition of modern warfare: that it is often conducted among dense civilian populations, sometimes within a space in which combatants attempt to blend into their civilian environment. Halbertal’s lecture, reported Professor Dale Carpenter, was “a careful and
Moshe Halbertal
nuanced presentation” which held that in fighting such “asymmetric” wars, “professional combatants should err on the side of protecting noncombatants from casualties, even when they thereby increase risks to themselves or to their cause.” The lecture was delayed for about 45 minutes by pro-Palestinian protesters. The John Dewey Lecture in the Philosophy of Law is named in honor of John Dewey, American philosopher, educator, scholar, and proponent of legal realism. Dewey’s philosophy of pragmatism related his conception of a moral life to a variety of contemporary social, economic, and political issues. Dewey lived from 1859 to 1952 and spent one year as a professor of philosophy at the University of Minnesota. The John Dewey Lecture is funded by a grant from the John Dewey Foundation and is sponsored by the Law School to provide a forum for significant scholarly contributions to the development of jurisprudence. ■
SAVE THE DATE October 17, 2016 4–5:30 p.m., Northrop Auditorium The 4th Annual Stein Lecture: Justice Sonia Sotomayor in conversation with Professor Robert A. Stein (’61) z.umn.edu/2016steinlecture
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Keynote speaker Candice Ciresi
Panelists (from left): Bruce R. Kline, Professor Deven Desai, Professor Charles Cronin, Bryan J. Vogel, Professor William McGeveran (moderator), Nia Chung Srodoski (’16; lead symposium editor), and Darrell G. Mottley
MINNESOTA JOURNAL OF LAW, SCIENCE & TECHNOLOGY HOSTS
3D PRINTING SYMPOSIUM ON MARCH 4, MORE THAN 150 students, professors, attorneys, engineers, doctors, and other 3D printing enthusiasts gathered for the 2016 Minnesota Journal of Law, Science & Technology (MJLST) symposium, “Disruptive Innovation: Legal Concerns in 3D Printing.” Sponsored by the law firms Faegre Baker Daniels, Shumaker & Sieffert, and Reed Smith, along with the University’s Professional Student Government, it was the first independently run symposium in the journal’s 17-volume history. Professor Michael McAlpine of the College of Science & Engineering presented an overview of 3D printing and discussed his current work in 3D printed bionic nanomaterials. Keynote speaker Candice Ciresi, general counsel at Stratasys, a leading 3D printing company, impressed attendees with her discussion of the technology’s capabilities, ranging from knee replacements to wearable technology, and its potentially revolutionary future. The first panel, moderated by Professor William McGeveran, discussed various 3D printing intellectual property issues. Charles Cronin, lecturer in law at USC Gould School of Law, addressed potential
copyright issues in replicating artifacts of cultural property. Deven Desai, an associate professor at Georgia Tech’s Scheller College of Business, described how 3D printing could affect IP, technology, and corporate law. Bruce Kline, senior technology licensing manager at Mayo Clinic, highlighted the risks 3D printing technology might pose to digital medical files and medical devices. Darrell Mottley of Banner & Witcoff in Washington, D.C., focused on how virtual models and the network cloud could affect IP issues. Finally, Bryan Vogel of Robins Kaplan examined case law, restriction agreements, and issues affecting exhaustion. The second panel, with Professor Ralph Hall moderating, explored regulatory concerns. Silicon Valley patent attorney Peter Jensen-Haxel identified regulatory “choke points” in the current state of 3D printing, while Professor Kyle Langvardt of the University of Detroit Mercy School of Law explored what level of constitutionality 3D printed objects should be afforded. Adam Thierer, senior research fellow with the Mercatus Center at George Mason University, advocated for a permissionless innovation theory with respect to highly impactful
Panelists Peter Hansen-Haxel, Adam Thierer, Professor Kyle Langvardt, Professor Ralph Hall (moderator) developing technologies such as 3D printing. The third panel featured Lisa Baird of Reed Smith, Joe Winebrenner of Faegre Baker Daniels, and Charles “Bucky” Zimmerman of Zimmerman Reed, as well as Bruce Kline of Mayo Clinic and Professor Angela PanoskaltsisMortari, director of the University’s 3D Bioprinting Facility. Moderator Colleen Davies of Reed Smith led fascinating explorations of such questions as “Who would be liable if a health care provider 3D printed its own medical device?”, “Who would be at fault if a 3D printed weapon were defective?”, and “Can existing public policy rationales surrounding tort liability be applied to 3D printing?” Given the highly engaging discussions and debates it produced, the MJLST symposium was a successful exploration of uncharted territory at the intersection of science, technology, and the law. Watch the full symposium at http://tinyurl.com/jhz4mol. ■ By Nia Chung Srodoski (’16), lead symposium editor
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GLENN ALTSCHULER DELIVERS HORATIO ELLSWORTH KELLAR LECTURE
Glenn Altschuler IT’S TEMPTING TO THINK THE
Salem witch trials could never happen again. But Glenn Altschuler, Litwin Professor of American Studies at Cornell University and a prolific author of both scholarly and journalistic works, says the mass hysteria surrounding the 1692 Massachusetts frenzy wasn’t an anomaly. On March 23, in his Horatio Ellsworth Kellar Distinguished Visitors Lecture, “Justice Among a Media Frenzy: The McMartin Pre-School Sex Abuse Case,”
SPRING 2016 LEGAL Workshops are held on Fridays (except March 23, a Wednesday) from 3:30-5:30 p.m. in Room 471 of Mondale Hall and are open to the public. To receive the paper in advance of the lecture, email Angela Tanner at angelat@umn.edu.
MARCH 11 Evan Taparata University of Minnesota “Services, Sacrifices, and Sufferings: Defining Refugee Policy in the Post-Revolutionary United States”
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Altschuler detailed similarities between the 17th-century and 20th-century trials. “We must worry why so many of our institutions—the judiciary, the media, government officials—fail…to see the red flags and speak out against charges that are patently false,” he said. In the 1980s, the McMartin child sex abuse scandal gripped California with shocking allegations of sodomy, child pornography, animal mutilation, secret tunnels, and perverted games. After an investigation, Los Angeles County prosecutors charged seven people with 397 counts of sexual abuse. The resulting trials dragged on for seven years and cost taxpayers $16 million. None of the defendants was found guilty. But the case, Altschuler said, “wrecked their lives.” The McMartin trials, like those in Salem, relied on child witnesses, a roiling wave of new accusations, and dubious investigative tactics. McMartin prosecutors failed to share some evidence with defense
lawyers—yet a defense request for a mistrial was dismissed. After the lecture, an attendee asked about the Roman Catholic Church sex abuse scandals. Unlike with McMartin, Altschuler noted, those cases involved adult witnesses and evidence of a cover-up. “Sexual abuse occurs,” he says. “Sexual abuse is horrible. Sexual abuse needs to be prosecuted.” The late Curtis B. Kellar (’40) established the Horatio Ellsworth Kellar Distinguished Visitors Program in memory of his father in 1996. In keeping with his father’s many interests, Curtis Kellar’s desire was to support an interdisciplinary lecture series at the Law School that would connect emerging issues in the law with other disciplines, such as art, drama, and literature. Mr. Kellar retired in 1981 as an associate general counsel for Mobil Oil Corp. He served on the board of directors of the Law Alumni Association and the Board of Visitors at the Law School. ■
HISTORY WORKSHOPS 23 Jill Hasday University of Minnesota Law School “A Legal History of Intimate Deception,” a chapter drawn from her forthcoming book, Intimate Lies and the Law: Governing Deception in Our Closest Relationships 25 Melissa Hampton University of Minnesota “The Public Charge as a Social Threat: Obstacles to Resettlement for Women in the Cuban Mariel Migration of 1980”
APRIL 1
Brooke Depenbusch University of Minnesota “Law and the Art of Survival in Mid-20th-Century America”
8 Kathryn Reyerson University of Minnesota “Merchants and Pirates in the Medieval Mediterranean: Questions of Law and Legitimacy” 15 Allison Schwartz University of Minnesota “Recasting Personhood: Feminist and Free-Market Technologies of the Self”
MAY 6 Scott McDowell University of Minnesota “The Arithmetic of Sovereignty: Law, Ambiguous Citizenship, and Policing for Capitalism in the Gilded Age”
AT THE LAW SCHOOL
THE MINNESOTA JOURNAL OF INTERNATIONAL LAW’S 2016 SYMPOSIUM: GLOBAL TRADE, SOVEREIGN DEBT
David Trubek
Mark Wu
ON MARCH 30, THE MINNESOTA Journal of International Law hosted its Volume 25 symposium, “25 Years, Where Are We Now: Global Trade & Sovereign Debt.” The keynote speaker was Steven Schwarcz, Stanley A. Star Professor of Law & Business at Duke Law School (and the father of the Law School’s Professor Daniel Schwarcz). The event’s first panel, moderated by Juliana Salomao, assistant professor of finance at the Carlson School of Management, addressed sovereign debt. Cristina Arellano, senior economist with the Federal Reserve Bank of Minneapolis, compared public debt crises in the United States with those in Europe and Canada. Professor Fred Morrison advocated for the establishment of an international settlement process to accomplish sovereign debt resolution. Professor Paul Vaaler discussed the effect of credit rating agencies on political budget cycles and demonstrated that a country’s credit rating has a significant effect on its elections. Finally, Mark Weidemaier, associate professor at the University of North
Walter F. Mondale (’56) and Oren Gross
Carolina School of Law, spoke on “courts, contracts, and sovereign debt,” analyzing the differences in the contracts underlying the debt. The second panel, moderated by Professor Daniel Gifford, concerned recent developments at the World Trade Organization. Richard Blackhurst, associate professor of international economics at Tufts University’s Fletcher School of Law and Diplomacy, covered the recent fundamental changes that have decreased efficiency at the WTO. Gary Hufbauer, senior fellow at the Peterson Institute for International Economics, discussed how to advance the WTO agenda and offered recommendations for how to conduct negotiations on current key issues. Joel Trachtman, professor of international law at the Fletcher School, provided a summary of WTO law on domestic regulation and discussed shifts— and resulting shortcomings—in the legal standards in this area. The final panel, moderated by Professor Robert Kudrle of the Humphrey School of Public Affairs, began with a remote presentation
by Robert Howse, professor of international law at New York University School of Law, on major mega-regional trade deals. David Trubek, professor emeritus at the University of Wisconsin Law School, discussed how these deals affect Brazil and gave an underlying account of the economic problems and political debate related to trade in Brazil. Mark Wu, assistant professor at Harvard Law School, spoke about recent trade deals in the AsiaPacific region, including the factors that produced the Trans-Pacific Partnership (TPP), the state of free trade in China, and what the future might hold in this area. The event concluded with a special appearance by Vice President Walter Mondale (’56), during which he fielded a series of questions from Professor Oren Gross and symposium attendees on such issues as the TPP, relationships with Cuba, the approach to Syria, the balance of power in the Middle East, and the rhetoric of presidential candidates. ■ By Sam Engel (’16)
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THE SUPREME COURT BOBBLEHEADS: A NEW LAW LIBRARY EXHIBIT
THE LAW LIBRARY RECENTLY
opened its 2016 spring exhibit, “Equal Caricature Under Law: Supreme Court Bobbleheads by The Green Bag.” The exhibit showcases the complete set of Supreme Court bobbleheads produced by the well-respected and entertaining law journal The Green Bag. The Law Library’s collection was donated by Judge James M. Rosenbaum (’69), who served on the U.S. District Court for the District of Minnesota from 1985 to 2010. Rosenbaum’s donation and the Library’s exhibit were featured in a March 10, 2016, article in the Star Tribune (“The University of Minnesota hosts a rare collection of bobbleheads”), and the exhibit has proven popular with law faculty and students alike.
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Artful and highly collectible, the bobbleheads depict past and present Supreme Court justices with references to the justices’ notable opinions. The figurines are produced in limited runs, and are obtained by redeeming a certificate distributed to a select number of individuals and institutions. The Law Library is proud to hold one of the two complete institutional collections of Supreme Court bobbleheads; the other is held by the Yale Law Library. The exhibit includes more than 30 historical volumes drawn from the Riesenfeld Center’s Arthur C. Pulling Rare Books Collection. These materials, which include The Federalist and Brandeis’s famous dissent
in Olmstead v. United States, help to highlight the featured justices’ careers and their significant work. The Riesenfeld Center gallery also features an exhibit of the personal and judicial papers of Senior Judge David S. Doty (’61) of the U.S. District Court for the District of Minnesota. Doty served for more than 20 years as the arbitrator for the National Football League collective bargaining agreements, and his donated papers will be of special interest to historians of sports law and the NFL. The exhibits were designed and curated by Ryan Greenwood, curator of rare books and special collections; Barbara Berdahl, special collections assistant librarian; and Pat Graybill, digital technology specialist. “Equal Caricature Under Law:
AT THE LAW SCHOOL
IN RETROSPECT: FROM THE LAW LIBRARY ARCHIVES
EDWARD LOWELL ROGERS (1904)
Supreme Court Bobbleheads by The Green Bag” and the papers of Judge David S. Doty are on display now in the Riesenfeld Rare Books Center by appointment. For more information or directions, contact Ryan Greenwood: rgreenwo @umn.edu or 612-625-7323. By Ryan Greenwood, curator of rare books and special collections
Top of page, from left: Justice Stephen G. Breyer Justice Ruth Bader Ginsburg Justice Anthony M. Kennedy Justice Antonin Scalia Justice Sandra Day O’Connor Bottom of page, from left: Justice James Wilson Justice Louis Brandeis Justice Clarence Thomas
EDWARD LOWELL ROGERS (1876-1971) WAS BORN NEAR SANDY LAKE in Aitkin County, Minn. His family moved to Itasca County in the late 1880s. In 1894, he entered the Carlisle Indian Industrial School in Pennsylvania as an eighth grader. Rogers played football for Carlisle and graduated in 1897. He enrolled in Dickinson Law School, but after a year he decided to transfer to the University of Minnesota Law School. He played football while in law school and was named captain of the Gopher football team in 1903. Later that year, Rogers kicked the game-tying extra point in the famous Little Brown Jug game against Michigan. The extra point tied the game with just a few minutes left and, since it was getting dark, Rogers and the Michigan captain agreed to end the game. After graduating from the Law School in 1904, Rogers returned to Carlisle to coach the football team for a year. He later practiced law in Walker, Minn., and served as the Cass County attorney from 1913 to 1928 and from 1931 to 1962. A member of the White Earth Chippewa Nation, Rogers was active in Chippewa affairs and was tribal attorney for the Minnesota Chippewas from 1941-45. In 1944, delegates, including Rogers, from 50 tribes and associations in 27 states came together to establish the National Congress of American Indians (NCAI) at their Constitutional Convention in Denver. The NCAI was established in response to the termination and assimilation policies that the United States forced upon tribal governments in contradiction of their treaty rights and status as sovereign nations. At the convention, Rogers was elected vice president of the NCAI’s first executive council. Rogers was named Outstanding County Attorney in the United States in 1962. He was inducted into the College Football Hall of Fame in 1968 and into the American Indian Athletic Hall of Fame in 1973. A bust and monument of Rogers was installed in front of the Cass County Courthouse during the 1997 Cass County Centennial celebration. By Mike Hannon (’98), associate director for access services and digital initiatives
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IMPACT OF GIVING
CREATING "AMAZING OPPORTUNITIES" WITH SCHOLARSHIP GIFTS ONE NIGHT AT COFFMAN
Memorial Union in 1964, Gerald “Gerry” Duffy (’66 B.A, ’69 J.D.) asked a girl to dance, “and the rest is history,” he says of his wife, Judy (’67 B.A.). Back then, in addition to their studies, the two worked full-time to pay for college; initially, he served as a cook and she worked in catering. “Together, we decided that if we ever could afford to contribute to the University, we would,” he says. Over the years, Gerry, now mostly retired, built a reputation as an expert
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litigator, while Judy helped lead the League of Women Voters Minnesota and U.S. They also raised two sons. All along, they’ve given back— most recently, earmarking $325,000 for the Class of 1969 Scholarship Fund at the Law School. (In total, the couple has given $650,000 to the University of Minnesota this year.) Last year the Duffys got the chance to meet scholarship students. “They
were expanding their universe immensely, taking classes overseas, working at internships—doing things, quite frankly, they could do because of scholarships,” says Gerry. “They’d been freed to pursue amazing opportunities, and that felt really gratifying.” ■ Karin B. Miller, a freelance writer, is based in the Twin Cities
Gifts to the Partners in Excellence Annual Fund make a significant impact on the University of Minnesota Law School and our students. To give, contact the Office of Advancement at 612-626-8671.
AT THE LAW SCHOOL
SCHOLARSHIP STORIES IN THE PAST YEAR, DONOR SUPPORT ALLOWED THE LAW SCHOOL TO AWARD PRIVATELY FUNDED SCHOLARSHIPS TO MORE THAN 93% OF OUR DESERVING STUDENTS.
SCHOLARSHIP GRAD MATTHEW WEBSTER (’11)
CEENA IDICULA JOHNSON (’16) DEAN’S DISTINGUISHED SCHOLARSHIP; JAMES H. MICHAEL SCHOLARSHIP
LUKE HAQQ (’17) DEAN’S DISTINGUISHED SCHOLARSHIP; JOHN W. MOOTY SCHOLARSHIP
Ceena’s service work in Ethiopia, Bolivia, and India informed her decision to focus on international human rights law at the Law School. “I made a commitment to fight for those people who could not stand up for themselves,” she says. “My time at the Law School has only strengthened my dedication to this cause.”
CONCENTRATION: Health Care Law
MOST REWARDING EXPERIENCE? Working with a member of the United Nations Human Rights committee in Geneva. It is the closest I have ever come to watching human rights norms and provisions protected and enforced, and I was so grateful to have been even a small part of the process. FAVORITE FACULTY MEMBER? Professor David Weissbrodt. He is such an incredible figure in the human rights community, and it was such an honor to work with someone who serves as the Amnesty International Legal Support Network faculty advisor. HOW DID SCHOLARSHIPS HELP? The scholarships I have received through the Law School have allowed me to come to an amazing school and be taught by world-renowned faculty. They have opened doors for possibilities that I could not have experienced elsewhere.
BEST EXPERIENCE? My best experience at the Law School has certainly been my time so far as senior articles editor for the Minnesota Law Review. It's been an immense amount of work, but also an incredible opportunity to make an impact on legal academia and practice. CLUBS AND ACTIVITIES: Treasurer of the Health Law and Bioethics Association, senior articles editor for the Minnesota Law Review, and team member of the Mondale intramural volleyball players—we came in first for 4-on-4 last year! FAVORITE FACULTY MEMBER? I've connected with several wonderful faculty members here, but have especially enjoyed taking classes from and talking with Susanna Blumenthal and Susan Wolf. They both are pursuing fascinating work and have offered me great insights and advice about my scholarly research and professional goals. SUMMER PLANS: I will spend the summer working at Harvard's Center for Health Law and Policy Innovation.
Matthew received his J.D. in 2011 with a focus in employment and labor law. Originally from Pennsylvania, he attended Penn State University for his undergraduate education before teaching two years with Teach for America in the Rio Grande Valley of Texas. While a student at the Law School, he served as vice president of the Asylum Law Project and volunteered with the New Orleans Legal Assistance organization. A recipient of the Dean’s Distinguished Scholarship, Royal A. Stone Memorial Scholarship, and the Upper Midwest Human Rights Fellowship, Matthew is living proof of what this kind of support can do for academic and career development.
“Scholarships were instrumental in my decision to come here. They freed me to pursue opportunities without having to worry about exorbitant student loan repayments.”
Now an associate with Minneapolis-based Gray Plant Mooty, Matthew combines his passion for human rights with his experiential knowledge in providing employment counseling and litigation as well as trusted legal advice to business clients of all types. ■
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ALTERNATIVE DISPUTE REVOLUTION Mediators Go for the Win-Win By Cathy Madison
Although she didn’t realize it at the time, Betsy (Clink) Candler (’01) began her mediation training on death row. “I was thrilled to get paid to fight against the death penalty. I learned a ton, I valued the job, and I valued the fight,” she says of her postgraduate fellowship experience doing death penalty
Photo Illustration: Stephen Webster
work in Georgia. “Spending time with clients on death row, meeting their families, and finding out about their lives was important and rewarding, and I thought I wanted to keep doing that.” But after a stint in the public defender’s office to gain trial experience in cases large and small, then finding her way back to capital-punishment work in habeas corpus proceedings on California’s death row, she realized that what she really wanted to do was something else.
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“Successful mediators must have the ability to reach beneath what the parties may be saying to see if we can discover the underlying interests driving the parties toward or away from a settlement.” —JUDGE JANIE MAYERON (’76)
< CONT
Betsy (Clink) Candler (’01)
“Instead of fighting for someone whose life had taken so many wrong turns, I wanted to intervene earlier in the process. I wanted to bring people together instead of just fighting. I see so many victims and families who feel they don’t have a voice,” says Candler, who became a mediator in 2012, shortly before joining, then becoming director of, Berkeley Law’s LL.M. legal research and writing program. As is often the case, Candler came to alternative dispute resolution (ADR) via a journey that touched on many aspects of the legal process, exposing their strengths and shortcomings, and honed necessary skills along the way. Those who pursue ADR have several options available, from the more traditional arbitration, in which they act as a judge who delivers a decision to parties who have agreed to accept it, to mediation, which may or may not yield a resolution. Depending on their backgrounds and affinities, those who focus on mediation have several styles from which to choose. According to Candler and others, evaluative, or directive, mediation is the most like arbitration and often attracts former judges, who excel at understanding the parameters of a case, hearing both sides, and efficiently arriving at a good solution for all. Facilitative mediation is less about getting to a solution and more about enabling effective conversation. “If no agreement is reached in the allotted time, it is not considered a failure,” Candler says. “In family law, for example, when you’re hoping to maintain positive relationships, it allows you to do some really creative things.You’re less worried about who gets the house than what is behind the interest in getting the house, and what will work even if one doesn’t get the house.”
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Finally, transformative mediation is most similar to restorative justice in that it deals with relationships more than conflicts, aiming to transform the parties in ways that will allow for genuine connection and futureoriented solutions. It was restorative justice—alternative practices that address the harms caused and the needs of victims, offenders, and the community while treating those in conflict more like human beings—that motivated Candler to become a mediator. The field is enjoying explosive growth in schools, prisons, and courthouses, yet it is still wide open, unhampered by undue legislative oversight and regulation. Candler realized that her defense-attorney skills would serve her well, as would her empathy and her ability to listen effectively, facilitate conversations, and see underlying interests instead of surface goals. The transition seemed natural, but it was not always easy. “Letting go is hard for lawyers. We see a solution, we see it quickly, and we want to take action and fix things. We have a desire to be the one to come up with a perfect solution,” Candler says. “But it’s all about letting go. On some level, it’s not about you. It’s about the people in the room and the stories they bring. It’s really freeing for me as a mediator to be present and be patient, to give them the focus they need to be heard.” In June, Candler will leave her LL.M. post to become an adjunct professor at Berkeley and at UC Hastings College of the Law, San Francisco, where she will co-lead the Mediation Clinic. She also plans to devote more time to her mediation and conflict management practice. “I felt like I wanted to make more of a difference before it was too late,” she says.
FROM THE BENCH U.S. MAGISTRATE JUDGE JANIE MAYERON (’76), WHO
spent approximately 27 years in private practice doing civil trial work and mediating civil cases before being appointed in 2003, says that how she conducts settlement conferences now is no different from how she used to conduct private mediations. What has changed is her strong bias toward what she calls an “imperfect solution,” a compromise created by the parties themselves. “I fundamentally believe that at the end of the day, everyone is better served by settling than by going to trial,” she says.
ALTERNATIVE DISPUTE REVOLUTION
“That’s the power of mediation. If you give people the opportunity, they can get these matters resolved. Helping them move past a difficult time is so rewarding.” —LINDA MEALEY-LOHMANN (’90)
Judge Janie Mayeron (’76)
Her style ranges from evaluative to facilitative, or a combination of the two. “When we start out, I meet jointly with the parties to talk about my approach and bias toward settlements. We discuss what gets in the way of a settlement and what will engender the likelihood it will take place. We’ll talk about what the day looks like, what the room looks like, and how long it will take.” Last year, news reports noted Mayeron’s order to the NFL and the NFL Players Association to plan to spend the “entire day and evening, if necessary” settling their contentious dispute over the suspension of Minnesota Vikings running back Adrian Peterson; such an order is standard. “If the parties are in discovery, I’ll have them jointly share what they have done and what they have left to do. I also ask them to share the last offer communicated by each side, with the hope that this last offer will be our starting place. Then I divide the parties into separate rooms,” where she hears each side’s view of the case and works to devise creative solutions. Joint presentations of the case’s substance are rare, though sometimes necessary in complex technical cases. Mayeron points out that judges have power that private mediators do not. “We can order the parties into a settlement conference and keep them in the process until we reach a settlement or declare an impasse. If one party in a mediation says they’re done, a mediator has no power to say otherwise.” In the ’70s, ADR practices were starting to be used in family law but had not yet made their way into the civil sector. Lawyers interested in mediation often trained alongside therapists, social workers, and others, then found work with nonprofit groups or community mediation
centers. Eventually, law firms began to recognize the value of retaining private mediators and compensated them accordingly. Case volume has increased exponentially in recent years, in part because both federal and state courts now make it a requisite part of the legal process. “Besides needing incredible patience, successful mediators must have the ability to reach beneath what the parties may be saying to see if we can discover the underlying interests driving the parties toward or away from a settlement,” says Mayeron. “We have to be good listeners and creative. Can we come up with something the parties hadn’t thought of and then help them make it their own? Experience and judgment go a long way.” Though Mayeron finds settlement of all types of cases to be rewarding, she takes great pride in resolving matters involving public policy issues or multitudes of parties, such as class actions. “I love this, I really do.… Parties come to their own resolution, which may be imperfect, but that’s what compromises are. They are an imperfect resolution, which is perfect in the sense that it creates a win-win outcome.”
Linda Mealey-Lohmann (’90)
GOING SOLO NO ADR CLASSES WERE OFFERED WHEN LINDA
Mealey-Lohmann (’90) attended the Law School; she took an international negotiation seminar instead. After graduating, she worked for a federal judge in Los Angeles, then became a labor and employment litigator, first at O’Melveny & Myers in Los Angeles, then at Dorsey & Whitney in Minneapolis. It wasn’t until 2004 that she decided to switch gears and complete ADR training, become a Minnesota
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ALTERNATIVE DISPUTE REVOLUTION
“You help [the parties] customize an agreement. No judge can do that in trial, where the result is just a number on a piece of paper that says, ‘Johnson wins, and this is how much money.’” —JUDGE JAMES ROSENBAUM (’69)
< CONT
Rule 114 Qualified Neutral, and hang her MealeyLohmann Mediation & Dispute Resolution shingle. “I saw how expensive it was to litigate cases, which could take several years and was disruptive not only to the life of the business, but also to the people involved. I would take depositions and see the turmoil and conflict in their lives. I thought there must be a better way to resolve disputes,” she says. Her goal in those early years was to tuck more than 100 pro bono mediations under her belt, primarily by volunteering for the St. Paul Dispute Resolution Center and the EEOC. She handled all types of cases except family law, eventually co-writing an ADR handbook and teaching ADR as an adjunct faculty member at William Mitchell College of Law. As an ADR neutral, she has worked as both mediator and arbitrator, primarily for employment and commercial cases, for more than a decade. Although everyone accepts the general proposition that 95% of all civil cases filed get resolved before trial, “it’s extremely difficult to make a full-time living doing mediation work. There is a lot of it now, but there are also a lot of mediators,” Mealey-Lohmann says. While the best mediators can command regular attorney rates, others charge less, especially in family cases that can’t bear the brunt of high fees, or contract with organizations such as the EEOC or the American Arbitration Association. Mealey-Lohmann uses both the facilitative and transformative approaches in mediation. “The transformative approach is good for any kind of case. Every conflict has a degree of communication breakdown and strong emotion, even if it’s a business case,” she says. Every mediation is different, she adds, and all are difficult by nature; easy cases already would have settled. Sometimes she receives a four-page letter explaining the case and its obstacles before she begins. Other times she gets a chance to spend 30 minutes in an initial separate discussion with each attorney. But occasionally she knows nothing more than the parties’ names when she first enters the mediation room. Patience, perseverance, and tenacity are required. “You have to be able to sit with people in distress, and you can’t give up even though they look like they’re giving up. In my early years, when the parties said they’d reached their bottom line, I believed them and called an impasse. Now, when nobody wants to make another move, I know I can usually help them through that and resolve the case.” Mealey-Lohmann cited a pregnancy discrimination
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case she once handled. At first the parties refused to occupy the same room, but as the mediation progressed, they began speaking directly to each other and stayed together throughout the process. In the end, the former employee was rehired. “That’s the power of mediation. If you give people the opportunity, they can get these matters resolved,” she says. “Helping them move past a difficult time is so rewarding.”
Judge James Rosenbaum (’69)
CAREER ENCORE “I ENJOY WORKING WITH PEOPLE, AND MEDIATION IS
very much a people enterprise,” says former judge James Rosenbaum (’69), who retired from the U.S. District Court bench for the District of Minnesota after 25 years and has embraced a new mission. “You talk with them about their concerns and the issues underlying their case, and then you help them customize an agreement. No judge can do that in trial, where the result is just a number on a piece of paper that says, ‘Johnson wins, and this is how much money.’” It’s easier to fashion a personal resolution between two parties, who know themselves and their businesses better than any outsider could, than it is to adjudicate an agreement, he adds. And with costs exceeding $1 million to prepare a patent case for trial, for example, mediation is increasingly popular. It is also increasingly mandatory at county, state, and federal levels. Rosenbaum handles both arbitration, which he likens to a bench trial without a jury, and mediation, which he sees as much broader in scope and possibility, in part because no deal is assured. Other ADR practitioners may focus on
ALTERNATIVE DISPUTE REVOLUTION
“I go to work every morning thinking that even though the work is difficult and demanding, maybe I will have a small part in making a difference…. It’s very heartwarming, to say the least.” —DAVID WEINBERG (’65)
personal injury cases or family law, which require different sensibilities. Due to his background, Rosenbaum is often called upon to handle large, complex cases involving securities, antitrust, or patent issues. He recently handled a class action suit that involved multidistrict litigation and wound up settling for $170 million. But he also handles small cases and enjoys the challenge, no matter what size. “Human beings are remarkably interesting creatures. They do all kinds of things,” he says. “Helping them problem-solve is very gratifying.”
COLLABORATIVE LAW
David Weinberg (’65)
DAVID WEINBERG (’65) ACQUIRED AGE AND EXPERI-
ence on his path toward mediation, doing criminal defense and prosecution trial work, sampling personal injury cases, and litigating family law cases before landing happily in the ADR world in the San Francisco Bay Area. “Litigation was rewarding, interesting, and fun, but it ended up making them all—parents, former lovers— enemies,” says Weinberg, who began exploring new horizons in 1980. “With the alarming rate of separating and divorcing parents, the courts are overwhelmed with cases, the economy is such that judicial and support staff budgets are being cut, and parties don’t get a speedy resolution. People who go to court feel like fodder in a boxcar, and the whole atmosphere is tense.” Courtroom outcomes, particularly under California’s community property statutes, can be “legally correct but humanly terrible,” he adds. Lawyers often think they know best, and “being informed and experienced, very much steer the settlement ship. The parties don’t get to talk a lot. In a nonadversarial setting, the tables are turned. Parties are encouraged to talk, and the more people learn that they can participate in the settlement process and be respected even if they aren’t agreed with, the better they do.” Weinberg cites judges who begin each day’s work by announcing: “I will make the decisions put before me, but you know more what you need than I do. I invite all of you to step out and talk this through, because you will be more satisfied if you work it out.” Civil mediation differs somewhat from family mediation, he points out. The former focuses on optimal results, often financial, while the latter is more invested in ongoing relationships between the parties, preserving respect, and protecting future interaction. Both require nuanced
listening skills, but family cases need an extra dose of empathy. “It takes a person with the capacity to internalize a bit of the anxiety, fear, and concern without having that focused on one of the parties. It’s a delicate balancing act between legal training and emotional support and encouragement,” he says. Weinberg is a fan of collaborative dispute resolution, a team approach that involves separate collaborative lawyers as well as divorce, child welfare, and financial specialists, if needed. Surrounded by informed support, parties can sculpt an agreement that takes into account legal aspects but also incorporates individual needs and desires. Once the parties hear how collaborative law works, Weinberg says, they often ask, “‘Is this even legal?’ I tell them it’s not only legal, it’s statutory. Only when they cannot come to an agreement is a judge required to do it in a prescribed way.” Weinberg has taught collaborative law at Santa Clara University School of Law and is pleased to see ADR (California family law attorneys have renamed it CDR, for Consensual Dispute Resolution) commonly offered in law schools. A self-proclaimed “people person,” he has also found a satisfying way to help divorcing individuals find a better life. “I go to work every morning thinking that even though the work is difficult and demanding, maybe I will have a small part in making a difference. When I was a litigator, I didn’t think that way. I was just doing the thing that lawyers are trained to do,” he says. “It’s very heartwarming, to say the least.” ■ Cathy Madison is a Twin Cities writer and the author of The War Came Home With Him: A Daughter’s Memoir.
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THEORY AT WORK This article is part of an ongoing series highlighting professors’ community work at state, national, and international levels. For all the differences in the issues they tackle, the citizens profiled in this series have much in common. They trace the roots of their current service to early educational and professional experiences. They thrive on putting expertise and passion to work on causes in which they believe. They bring fresh perspectives back to students in hopes of inspiring them to put their own scholarship into practice.
Perry Moriearty: A Passion for Juvenile Justice SOME PEOPLE ADOPT A CAUSE AS A NATURAL
extension of their career pursuits, or a chance to give back to the community that supported their growth, or a way to connect their professional and personal lives. For Perry Moriearty, however, the cause of juvenile justice was imbedded early and deep, guiding the journey that brought her to Minnesota and pushing her to the front lines of social change. A faculty member since 2008, Moriearty teaches criminal law and co-directs the Child Advocacy and Juvenile Justice Clinic. More publicly, she has been instrumental in representing two of eight Minnesota inmates condemned to life in prison for offenses committed as juveniles until two recent U.S. Supreme Court rulings offered them a second chance. Born to young parents from rural Illinois, Moriearty grew up socially aware. Her father, one of the first in his family to pursue higher education, became a Harvardtrained labor and employment lawyer who also represented Massachusetts prisoners on a pro bono basis. Her mother advocated for disability rights before joining the Stanford University faculty as an epidemiologist and aiding disadvantaged tuberculosis and HIV patients through Doctors Without Borders in Africa. “Law school for me arose from an interest in working on behalf of underrepresented kids,” says Moriearty, whose experience working at a summer camp for physically and sexually abused New York City children exposed the challenges inherent in the child welfare system. “I initially thought I would be an educator, but what piqued my interest was seeing what lawyers could do to leverage existing systems on behalf of the most vulnerable citizens.” The summer after her first year at Northwestern University School of Law, she worked for the Legal Aid Society in New York, assisting with delinquency and child protection proceedings in Manhattan Family Court and watching Judith Sheindlin (later to be known as TV’s Judge Judy) “make real-life decisions on behalf of juveniles. I was 24
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completely enthralled,” she says. She transferred to New York University School of Law and signed on with Professor Randy Hertz’s juvenile rights clinic, which she deems “the best educational experience I’ve ever had. It combined a real immersion in not only the doctrine of criminal and juvenile law, but also the theory behind it. How should we as a society conceive of the policies and doctrines that affect the lives of children? We had to look at the evolution of the child in this country, from the days when children were considered chattel and farm workers to when their intellectual and social development was considered distinct, to the more punitive years of the late 20th century.” “Optimistic is a word some have applied to me; others would say naïve. I have been told that I spend way too much time worrying about people who have done terrible things, and I guess I do.” Slowly inching her way toward teaching, Moriearty spent five years as a litigation associate at Ropes & Gray in Boston before becoming a clinical instructor at nearby Suffolk University Law School’s juvenile justice clinic, then a visiting professor at Sturm College of Law, University of Denver. She came to Minnesota with a commitment to juvenile justice that would expand the mission of the existing Child Advocacy Clinic and thrust her into the legislative and media limelight.
Zealous Advocate “She is a true believer,” says Bradford Colbert, resident adjunct professor at Mitchell Hamline Law School. “People used to say that about public defenders, and I see it as a compliment. She believes in the cause of justice in society and works tirelessly for juveniles. She does a great job making them into human beings instead of just criminal
THEORY AT WORK
defendants, and she advocates for both at the same time.” Since becoming co-director of the Child Advocacy and Juvenile Justice Clinic, Moriearty has worked closely with Colbert to obtain relief for Minnesota inmates whose life-without-parole sentences were called into question by U.S. Supreme Court cases. The first ruling, Miller v. Alabama in 2012, declared that such drastic sentences for juveniles, even those who committed heinous crimes, could not be issued mandatorily. The second ruling, Montgomery v. Louisiana in January of this year, made the first ruling retroactive. “I’ve always been interested in the evolution of these cases,” says Moriearty, who became more heavily involved with local and national advocacy efforts after Miller v. Alabama. She and her clinic students are working not only with prisoners but also with state legislators to address what is now an unconstitutional statute. Though she was reluctant because legislative work is not her strength, she testified in support of proposed legislation in each of the last three years. “Juvenile life with parole is a fairly finite issue, and I know as much about it as anyone,” she says. “I thought it would be irresponsible not to work in tandem on legislation and litigation. What happens in the legislative session could impact how judges view relevant sentencing ranges. This is all uncharted territory.” Clinic students are deeply committed to drafting briefs, assembling life history evidence, and contacting expert witnesses in their work on behalf of clients. They were rewarded in 2014 when Brian Flowers, now 24 and incarcerated for life at Oak Park Heights, Minn., became one of the country’s first juveniles to be granted habeas corpus relief. “I think things are going in the right direction for juveniles accused and convicted of serious offenses,” says Moriearty. “Many of these sentences are the product of legislation enacted in the tough-on-crime ’90s, when it was easier to try juveniles as adults. Juvenile crime rates are down considerably since then, and we’ve turned our attention to other demons.” Elections were once won and lost on tough-on-crime issues; now both sides of the political spectrum are interested in reducing incarceration for economic or moral reasons. Perhaps influenced by new adolescent brain science, “we as a society are more lenient on kids than we were a decade ago,” she adds, and punishment tends to be less severe.
Perennial Optimist Lauded for both energy and passion, the one-time foster parent and former college athlete is a lawyer’s wife and mother of two who finds time to serve on the boards of the McKnight Foundation and the Council on Crime and Justice. She has also been nominated for the University’s President’s Community-Engaged Scholar Award. Little dampens her enthusiasm. “Perry is an incredible advocate. She deeply understands and deeply cares about the issues at hand,” says Sarah Davis, program director for youth education, advocacy, and restorative services at the Legal Rights Center, Minneapolis. “It’s about making sure the system is fair and equitable.
It’s never about having her name attached to what she accomplishes, even though she puts so much into it. It’s about outcomes for youth and community.” “Do I think that if our clients get released from prison, they’ll have a meaningful chance to live life on the outside? I do,” says Moriearty. “Optimistic is a word some have applied to me; others would say naïve. I have been told that I spend way too much time worrying about people who have done terrible things, and I guess I do.” Science, she adds, is edging toward her worldview. Current research suggests the brains of those under 25 are still developing and pruning connections, a process that invites illogical decisions, undue peer influence, and risky behavior. “We are at the edge of a huge land of discovery. We know so much more than we used to, but we still don’t know everything,” she says.
Passionate Teacher A self-proclaimed idealist and former defense attorney, Moriearty shares her clinic responsibility with pragmatist and former prosecutor Jean Sanderson, a yin/yang relationship both find beneficial. “We tend to look at issues differently, which has been something our students really value. They’re always commenting on how much they appreciate the way we work together, with an interchange of ideas and positions,” says Sanderson. “Perry is just a joy to work with. She’s so passionate about teaching and about criminal justice issues, and she works very hard to communicate that passion to her students.” She has come full circle to the “best job in the world,” Moriearty explains. “I’m doing all the things I love the most. Working with students is paramount because I love teaching, but I would be unhappy if I couldn’t work with clients and litigate live cases. It’s an ideal combination that gives students that same broad view of the legal system— doctrine and theory, practice skills and critical thinking— I enjoyed so much as a law student. That is, if I’m doing it right.” She cannot imagine a more fulfilling job and career, she adds. She appreciates the trust her students and the Law School place in her, and she gets to work with the clients she most wants to work with. “It’s such a privilege,” she says. “I get to talk about, write about, and think about the things I really care about.” ■ By Cathy Madison, a freelance writer and editor based in the Twin Cities
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FACULTY AWARDS, GRANTS, AND NEWS Ann Burkhart received a 2016 University of Minnesota Award for Outstanding Contributions to Postbaccalaureate, Graduate, and Professional Education. This honor, also known as the GraduateProfessional Award, is given to no more than eight University professors each year. Recipients are chosen for excellence in instruction; involvement in students’ research, scholarship, and professional development; development of instructional programs; and advising and mentoring of students. Carol Chomsky’s article “Casebooks and the Future of Contracts 26
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Pedagogy,” published in the Hastings Law Journal, was selected by the Institute for Law Teaching and Learning as its Article of the Month for October 2015. Barry Feld was quoted extensively in Rolling Stone about juveniles’ vulnerability to giving false confessions. The article covered the Netflix documentary Making a Murderer and its investigation of the case of 16-year-old Brendan Dassey, sentenced to prison for life based on
a confession his attorneys argue was coerced. Feld’s comments drew upon the research in his prize-winning book Kids, Cops, and Confessions: Inside the Interrogation Room. Kristin Hickman was named a Distinguished McKnight University Professor— one of just seven University faculty members to receive the distinction this year. The honor recognizes the University’s “highest-achieving mid-career faculty who have recently attained full professor status…and whose accomplishments have brought great renown and prestige to Minnesota.”
1 Paul Rubin with Professors Brett McDonnell, Neha Jain, and Ann Burkhart
3 Professor Robert T. 2 Robert W. Gordon Kudrle speaking at the Journal of International with Professors Jill Hasday and June Carbone Law symposium
4 Professor Richard Frase speaking at the Dean Strang/Making a Murderer event
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Joan Howland was named co-chair of the Law School Dean Search Committee with Eric Schwartz, dean of the Humphrey School of Public Affairs. Neha Jain was named a 2016-2018 McKnight Land-Grant Professor. She is one of just eight University of Minnesota faculty members selected this year for the honor. The two-year professorships include annual research grants; Jain will use the funds to continue her investigations into who should be held responsible for mass atrocities— specifically, whether accountability for such crimes can be individualized and if senior leaders, who are generally far from the physical scenes of the crimes and remote
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from the victims who experience them, should be the dominant focus of responsibility mechanisms at the international level. Heidi Kitrosser’s book Reclaiming Accountability was named a 2015 Outstanding Academic Title by Choice, a periodical of the Association of College and Research Libraries. Myron Orfield was quoted in two stories in The American Prospect—one covering a local school desegregation case that has national implications, and the other discussing the segregated pattern of voucher use in first-ring suburbs of the United States. He was quoted in the Atlantic Media publication CityLab about
racial transition in American suburbs and its implications for fair housing enforcement. CityLab also interviewed Orfield about his research on suburban resegregation. In January, the Institute on Metropolitan Opportunity, of which Orfield is the director, released a study addressing gentrification in the Twin Cities. The study found that the neighborhoods most often cited as candidates for gentrification were in fact more likely to show signs of decline than signs of gentrification. Carl Warren participated on a panel cosponsored by the Minnesota Bar Association and the Minnesota Association of Black Lawyers that addressed the U.S. Supreme Court affirmative action case Fisher v. University of Texas at Austin. The panel was covered extensively in the March 1 edition of Minnesota Lawyer. ■ law.umn.edu Perspectives SPRING 2016
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PROFESSOR BARRY FELD: THOUGHTS ON A LAW SCHOOL CAREER AT THE FEISTY AGE OF 72,
Centennial Professor of Law Barry Feld (’69) is disappearing from faculty lists. Not retiring, mind you, but merely turning his artistry to pruning. “In my next career, I plan to be a sturdy yeoman farmer,” says Feld, whose transition embraces hippie back-to-the-land roots and Minnesota love seeded 44 years ago. “When I started teaching law in 1972, my wife, Patty, and I started camping in the Boundary Waters. We so fell in love with the wilderness that I wrote to all the Realtors in northern counties across the state, looking for wilderness property.” By 1976 they owned 140 acres, including a mile of Big Fork River frontage, five miles from Effie (population 123). In 1987, their purported summer—or perhaps retirement—home became their residence, where they home-schooled children and now attend to chickens, berry bushes, and 125 fruit trees. Early computers and a dial-up modem allowed the popular professor
to consolidate his course load into a single semester, leaving remaining months for travel, research, and writing, at which Feld was no slouch. Seizing early opportunity in an evolving field, Feld became a leading juvenile justice expert, extensively published and honored with several awards for outstanding books. Another is in the works. “Because this is my last book, I plan to take the gloves off and talk about not just the issues in juvenile justice administration but also the politics of race, and how we can be so insensitive to the needs of other people’s children,” he says. While his age may suggest mellowing, his passion suggests otherwise. “Because it is so obvious to me that this is a society of profound inequality, I am angrier now and have less patience than I had 20 or 30 years ago. We have ruined at least two generations of kids’ lives over the course of my career,” he says. “America faces profound challenges around the issues of race, inequality, and social justice. On one hand, we’ve
OTHER DEPARTURES As we went to press, these faculty members also announced they will be leaving.
RETIREMENTS Professor Antony Duff is a leading expert on the philosophy of punishment and the structure of criminal law. He joined the Law School faculty as a tenured professor in 2010 and is also a professor emeritus in the Department of Philosophy, University of Stirling, Stirling, Scotland. He is widely acknowledged as having catalyzed renewed interest in criminal law theory through his major works. 28
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Professor Daniel J. Gifford is recognized as an expert on antitrust law and administrative law. He teaches courses in the areas of administrative law, antitrust law, and unfair competition. He received an A.B. degree from Holy Cross College and an LL.B. degree from Harvard Law School, where he was case editor of the Harvard Law Review. As a Ford Fellow, he received a J.S.D. degree from Columbia University. After receiving his LL.B. degree, Gifford
made some progress by eliminating Jim Crow and legal segregation, but on the other hand, we still have far to go to achieve anything approaching equality and social justice.” Feld will relinquish those challenges, however; he wants to leave at the top of his game, despite how misty-eyed student goodbyes make him. “The Law School enabled me to flourish personally and professionally in ways I never could have imagined. I could not have written the script nearly as well as I managed to live it,” he says. “I’ll always be incredibly grateful.” ■
practiced law with the New York firm of Cleary, Gottlieb, Steen & Hamilton. He joined the Law School faculty in 1978. Clinical Professor Kathryn J. Sedo is an authority on cooperative law. She teaches clinics in the areas of tax law, general practice, workers’ compensation, and disability law. Sedo received her A.B. degree and J.D. degree, cum laude, from the University of Michigan. After graduating from law school, she practiced with the firm of Sedo and Darnton in Ann Arbor, Mich. She joined the clinical faculty of the Law School in 1979.
FACULTY PERSPECTIVE
SPRING 2016 FACULTY
Lectures on works in progress at the Law School and other institutions are held on Thursdays from 12:15-1:15 p.m. in Room 385. For more information, contact Delanie Skahen at 612-624-6892 or skahe003@umn.edu.
JANUARY 21 Annelise Riles Cornell Law School Feminist Futures After the Comfort Women Settlement 28 Richard Frase University of Minnesota Law School Principles and Procedures for Sentencing of Multiple Current Offenses
FEBRUARY 4 Lisa Heinzerling Georgetown University Law The Power Canons
Professor Carl M. Warren (’75) is recognized for his work in clinical instruction. He teaches in the Law School’s Civil Practice Clinic. After graduating from the Law School in 1975, he served as a trial attorney for the Minnesota Attorney General’s Office in the Public Utilities Division and then in the Human Rights Division. Warren joined the clinical faculty at the Law School in 1990. As faculty advisor to the Law School’s Civil Rights Moot Court, he oversaw the William E. McGee National Civil Rights Moot Court Competition.
WORKS IN PROGRESS
11 Neha Jain University of Minnesota Law School Interpretive Divergence 18 Wendy E. Wagner University of Texas School of Law Incomprehensible by Design: The U.S. Bureaucratic Process 25 Tim Ginsburg The University of Chicago Law School War and Constitutional Design
MARCH 3
Sarah Gollust University of Minnesota School of Public Health Partisan Responses to Public Health Messages: Motivated Reasoning and Sugary Drink Taxes 10 Miriam Seifter University of Wisconsin Law School Second-Order Participation in Administrative Law 24 Eric A. Kades William & Mary Law School Corrective Progressivity
LEAVING Professor Dale Carpenter has accepted a position on the faculty of Southern Methodist University after 16 years at Minnesota. Carpenter teaches and writes in the areas of constitutional law, the First Amendment, and sexual orientation and the law. In 2014, he won the University’s top award for graduate and professional teaching, earning the title Distinguished University Teaching Professor. Since 2004, he has served as an editor of Constitutional Commentary.
31 Pamela S. Karlan Stanford Law School The End of the Line: Marriage Equality, Racial Equality, and the Supreme Court
APRIL 7
Julian Ku Maurice A. Deane School of Law at Hofstra University China, the United States, and the Future of International Law 21 Stephen Meili University of Minnesota Law School Toward Nuanced Studies of Principled Human Rights Agents: Constitutionalization of Treaty Law and Cause Lawyers in Ecuador
MAY 5 Jose Enrique Alvarez New York University School of Law
Sharon Reich Paulsen has taken a position as senior counsel to the president and chief of staff at the University of Vermont. She earned her B.A., summa cum laude, from Yale University and her J.D. from Stanford Law School, where she was note editor of the Stanford Law Review. She joined the Law School in 1991 as associate dean. From 2004-11 Paulsen took a leave from the Law School to serve as associate vice president for academic affairs and chief of staff to the provost of the University of Minnesota. In 2014, she initiated the Law School’s Master of Science in Patent Law program. ■ law.umn.edu Perspectives SPRING 2016
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PROF. JOAN HOWLAND NAMED ONE OF “MOST INFLUENTIAL PEOPLE IN LEGAL EDUCATION” THE NATIONAL JURIST NAMED
Professor Joan Howland to its annual list of the 25 most influential figures in American legal education. Howland, who holds the Law School’s Roger F. Noreen Professorship and serves as associate dean and director of the Law Library, is 16th in the magazine’s ranking, which appeared in its Winter 2016 issue. The National Jurist is read by more than 100,000 law students and educators. Its “most influential” list is based on ratings by law school deans and professors nationwide. Howland’s appearance on the list reflects a number of recent accomplishments. As chair of the Council of the American Bar Association Section for Legal Education and Admissions to the Bar, she oversaw a major revision of the ABA Standard for Accreditation. This revision— adopted in response to national trends in higher education aimed at assessing learning outcomes and encouraging experiential courses—has had a major impact on law schools, encouraging
them to experiment in curriculum design and delivery of course content. Under Howland’s leadership, the council also took steps to reform the process used by the ABA to collect data from law schools about bar passage, diversity, and student employment after graduation. These changes are bringing greater transparency to law school operations and outcomes, thus providing better information for use by practicing attorneys and prospective law students. Howland has traveled the country over the past 18 months to describe the new ABA standards, discuss trends in legal education, and focus attention on debt counseling and the need to reduce the cost of legal education. In addition to her work with the ABA, Howland has led the Law Library to national prominence and has held national leadership positions in law librarianship with the Association of American Law Schools, the American Association of Law Libraries, the American Indian Law Library Association, and the
SPRING 2016 FACULTY
BOOK PUBLICATIONS
1 SUSANNA L. BLUMENTHAL Law and the Modern Mind (Harvard University Press, 2016) 2 MICHAEL A. LIVINGSTON, PIER GIUSEPPE MONATERI & FRANCESCO PARISI The Italian Legal System: An Introduction (Stanford University Press, 2nd ed., 2015) 3 RICHARD W. PAINTER Taxation Only With Representation (Take Back Our Republic, 2016)
4 ROBERT A. STEIN The Rule of Law in the 21st Century: A Worldwide Perspective (Globe Law and Business, 2015) 5 MICHAEL TONRY Sentencing Fragments: Penal Reform in America, 1975-2025 (Oxford University Press, 2016) Other faculty publications can be found at: law.umn.edu/our-faculty/ recent-publications
American Library Association. She is currently co-chair of the Chinese and American Forum on Legal Information and Law Libraries, working to increase partnerships and information exchanges between Chinese and American law schools. Commenting on the National Jurist ranking, Dean David Wippman said, “Joan is widely recognized not just as one of the country’s top law librarians but also as a gifted administrator and a leading national authority on legal education.” ■
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FACULTY PROFILE: BRAD Clinical Professor of Law Director of Applied Legal Instruction
Brad Clary (’75) has served as Director of Applied Legal Instruction since 1999, coordinating and supervising the legal writing, moot court, and basic trial advocacy programs. He also has served as faculty advisor to the National Moot Court team.
His legal writing program has produced a rare eight Burton Award winners. His National Moot Court team has advanced to the national level in 10 of the last 13 years. He has twice been named a Teacher of the Year at the Law School. And now, with an Applied Legal Instruction program that has grown into one of the most robust and respected in the country, Professor Brad Clary is ready for a break. This spring, Clary turns over the supervisory reins after 17 years building the Law School’s legal writing, moot court, and trial advocacy programs. He will continue to teach advocacy, a subject about which he is passionate. “I tell my students every year, lawyers make their living writing and talking,” Clary says. “If you can’t do both well, you’re going to have trouble.” The University of Minnesota requires students to focus on legal writing throughout their three years of study, one of few law schools to do so. “I’ve always believed that to get better at writing, you have to practice,” says Clary. “It’s that simple, yet it doesn’t happen in that many schools.” Dean David Wippman credits Clary with developing a coordinated, central design for the writing program and with building the capacity of the school to ensure
CLARY (’75)
personalized instruction. At any given time, Clary oversees nearly 70 teachers drawn from the wider legal community. “We’re able to take advantage of their practice skills,” he says. “They can bring real-world experiences into the classroom, which is hugely valuable, and we can have small sections to ensure our students get ample feedback on their writing.” Clary believes the success of the program is rooted in its design. “We focus first on basics, meaning you have to have something to say. One of the problems I have observed over the years is that it’s hard to produce a good piece of legal writing if you have not figured out what the real issue is and what solution you want, and then what route is going to take you from the problem to the solution. We teach students to deal with ambiguity in law, which can be really frustrating but is what leads them to become self-reflective lawyers.” Clary and his colleagues also are committed to continual focus on improvement. “We’re always refining things. We’re constantly looking at literature on how adult learners best learn how to write and on the best methodology for training teachers. Honestly, I’ve had a wonderful time doing this work.”
Working his way up Clary began his legal career as a high school student, working in the mailroom at Oppenheimer Wolff & Donnelly in Minneapolis. While at Carleton College in Northfield, Minn., he spent summers back at the firm, gradually doing more sophisticated legal research. After graduating cum laude from the University of Minnesota Law School, he became an
associate at the same firm in 1975 and a partner in 1982, chairing the antitrust, general litigation, and business litigation practice groups, respectively. In 1999, his firm gave him permission to take a sabbatical to temporarily head the legal writing program at the Law School, where he had been teaching as an adjunct. Soon, he found himself needing to make a choice: whether to become the permanent director or to return to private practice. “I wasn’t running away from private practice,” Clary says. “I always enjoyed the adrenaline rush in big cases. But there is something really intriguing about teaching. My wife observed that I was always energized after class and encouraged me to pay attention to that.” Over the years, Clary has lent his writing and legal talents to the American Bar Association, serving on the Communication Skills Committee of the ABA Section on Legal Education and co-chairing the Media Alerts 8th Circuit Court of Appeals Project for the ABA Standing Committee on Federal Judicial Improvements. He also has served on the Minnesota Supreme Court’s Advisory Committee on the Rules of Civil Appellate Procedure and on the Court’s Civil Justice Reform Task Force. But the classroom remains his first love. “I love watching the light bulb go off, when a student has that ‘aha’ moment and something clicks, and you just know they are going to be a better lawyer because of that moment.” ■ By Kathy Graves, a writer based in Minneapolis
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AIMEE JA AUNG MENDOZA LU 2015-2016 HUMPHREY FELLOW AIMEE MENDOZA COULDN’T
understand why her aunt was crying. It was Aug. 21, 1983. Mendoza was a bright-eyed 10-year-old. Between sobs, her aunt explained. A political activist named Benigno Aquino Jr. had just returned to the 32
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Philippines from a self-imposed exile. As he stepped off the plane, another man shot and killed him. Mendoza and her aunt were living in Tacloban City, a hotbed of support for Aquino’s nemesis, the strongman Ferdinand Marcos. Soon after learning of Aquino’s assassination, the young Mendoza made a decision. “I thought there should be justice,” she says. “So I wanted to be a lawyer.” Mendoza’s middle-class family could afford to send her to college. As an undergraduate, she majored in political science. As a law school student, she heard about Alternative Legal Assistance Center, an NGO dedicated to helping the poor. After graduation, she signed on. As a young staffer, Mendoza traveled from Manila, the nation’s capital, to represent rural farmers and fishermen in court. Hotels weren’t
available, so she often slept in clients’ homes, sometimes huts with dirt floors. For payment, she received coconuts or fresh fish, which she shared with colleagues. But Alternative Legal Assistance Center tried to do more than simply represent clients without means. It also fought to change laws and educate people about their rights. After seven years with the group, Mendoza got married and opened a tiny, for-profit law firm. There was just one problem. “I don’t know how to charge,” she says. That is, she couldn’t really bring herself to ask clients for money. For Mendoza, justice should be available to all. Soon she applied to become a judge, but since she didn’t like playing politics, insiders ignored her. A few
1 It wouldn’t be a TORT show without dancing law students. Here, cast members rehearse for Minnesota Jones and the Law School of Doom.
2 Raise the Bar Day of Service participants at Safe Hands Animal Rescue: Mary Scott (’16), Abby Loyd, Patti Meyers, Ava Lee (’16), Alysha Bohanon (’17), Julia Glen (’17), Kristin McGaver (’17)
3 Mock Trial team members and coaches, left to right: Sara Treumann (’17), Professor Craig Roen (’87), Rosie Derrett (’16), Kevin Kitchen (’17), Carolyn Isaac (’16), Professor Craig Buske (’10), Kaiya Lyons (’16), Jenna Shannon (’16)
4 James Perez (’18), Akira Cespedes-Perez (’16), and Professor Jessica Clarke volunteering at Casa de Esperanza for Raise the Bar Day of Service
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years later, reformers took control of the government and began appointing officials based on merit. Since 2011, Mendoza has donned a black robe as a judge in the province of Negros Oriental. “I needed to be within government so I could make sure in one small courtroom in the Philippines, poor people have access to justice,” she says. As a Humphrey Fellow, Mendoza is researching anti-trafficking laws and plans to write a manual on the subject that she can distribute in the Philippines.
MARIIA PROKHOROVA LL.M. CLASS OF 2016 OF ALL THE INTERNATIONAL
students at the Law School, Mariia Prokhorova may have had the easiest transition to the Twin Cities, at least when it comes to climate. “It is very similar to Russian weather,” says Prokhorova, who was born in Siberia.
“I am very comfortable.” To be fair to Minnesota, Prokhorova doesn’t live in Siberia anymore. When she was 10, her family moved to the relatively temperate Volgograd, a city of about a million people located south of Moscow, near the Ukraine border. While it’s not Siberia, it’s still snowy enough for Prokhorova to venture out of the city for sled dog racing on wintry weekends. During the week, Prokhorova is busy at a small firm, representing clients in both civil and criminal cases. In Russia, most disputes end up
before a judge, she says, so in the nine years since her graduation, she’s appeared in court frequently. Which isn’t uncommon in her family. To say the law courses through the veins of the Prokhorovas isn’t an understatement. Both her grandfathers —Evgenji and Vasilij—were attorneys. Her mother and father are attorneys. Her brother is an attorney. “There was no pressure,” she says. “It’s not like they told me, ‘You have to be a lawyer.’ I just wanted to be one.” As an undergraduate, she didn’t limit herself to the law, though. While earning a law degree from the Volgograd Academy of the Russian Internal Affairs Ministry, she also completed a degree in economics at Volgograd State University of Architecture and Civil Engineering. Simultaneously. “I was young and full of energy,” she says of her ability to attend lectures from nearly dawn to dusk. That hard work paid off: Prokhorova won a Fulbright scholarship to study at the Law School. She’s law.umn.edu Perspectives SPRING 2016
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immersing herself in American culture and jurisprudence, with an emphasis on juvenile justice and— a new focus for her—human rights. That includes spending time observing Judge Kevin S. Burke (’75) in Hennepin County District Court. “This has been a great opportunity for me,” she says.
SCOTT MEEHAN M.S.P.L. CLASS OF 2016 SCOTT MEEHAN HAS LABORED IN
scientific labs, donning a white coat and goggles. He’s hung out with other biochemistry majors in a University dormitory dedicated to students who don’t just understand science, but downright dig it. And now—less than 18 months after earning an undergraduate degree in the same field as his dorm friends—Meehan will soon begin writing complex patent applications that require a rare combination of in-depth scientific knowledge and legal acumen. “I’ve always loved research,” he says. “Soon, I’ll get to work with inventors.” While his future is promising now, Meehan’s scientific career didn’t get off to a blazing start. In preparation for a sixth-grade science fair, he created a gizmo designed to prevent his father—and, he hoped, golfers everywhere—from ever losing another ball. The invention involved tying a string around it, so “if you ever need to find the ball, you’d just follow the line,” he says. There was just one problem. The invention incorporated a big ball of string that nestled in a
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Y-shaped contraption behind the golfer. But when Meehan’s father hit the ball, it didn’t soar. It fluttered to the ground just a few yards away. “The string didn’t unravel fast enough,” Meehan says. Later experiments, including those he performed as a technical aide at 3M, were much more successful. Meehan worked at 3M during his senior year of college and shortly after graduation from the University. The experience was engrossing, but it wasn’t something he wanted to pursue as a career. Meehan wasn’t sure what to do next. Then a friend told him about the Master of Science in Patent Law program at the Law School. He jumped at the opportunity and is now looking forward to studying the newest innovations, especially those involving medicine or medical devices. When reading about the latest wrinkles in those fields, Meehan says, he gets “super intrigued.” Now the challenge is to write clear and convincing patent applications for inventors. Although he’s a proud science nerd, Meehan understands the practical implications of research. His mother died of cancer when he was 13. Since then, Meehan has volunteered at Park Nicollet Methodist Hospital and helped raise funds for the V Foundation for Cancer Research.
ELLIOT KO CLASS OF 2016 THERE’S NO SINGLE PATH TO THE
Law School. Still, Elliot Ko’s journey is more unusual than most. Ko’s parents educated him at home. It was a happy, eclectic childhood. Some days, he and his brother would grapple with math problems; other days, he’d help his dad rehab houses. As a teen, Ko learned lots of stuff that way, including how to roof, paint, and even wire a house. Once, he got zapped. “My body tingled for a couple of days,” he says.
But that didn’t stop him from embracing new ways of learning. After earning his high school degree as a 16-year-old, Ko enrolled at Oak Brook College of Law in Fresno, Calif.—an unaccredited, online institution. That didn’t bother Ko, who was living in Grand Rapids, Mich., at the time. Ko read books, wrote papers, and studied with others online. One advantage to attending a virtual law school is you can do it from anywhere. In Ko’s case, he interned at the Home School Legal Defense Association in Virginia. By 2011, he’d earned a J.D. and gotten a job as a staff attorney at a firm in Bakersfield, Calif. Unfortunately for Ko, California is the only state that allows graduates from unaccredited schools to practice law. Ko realized he might someday want to work in one of the other 49 states. So he applied at top-ranked, accredited law schools. In the end, he teetered between the University of Alabama School of Law and the Law School. Minnesota won out. “I’d rather freeze than burn,” he joked. “And I like hockey more than football.” For the past three years, Ko has skated with the Fighting Mondales, the Law School’s intramural hockey team. The team lost nearly every game, including many by lopsided scores. “We were a horrible team,” he says. “But what a great group of guys.” (The Fighting Mondales broke a long losing streak with a 5-1 win in March.) Ko’s future is clearly off the ice. At the Law School, his GPA hovers above 4.0, and his writing—never his
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favorite subject—has improved dramatically. He’s also worked as a judicial intern for two federal judges and a summer associate for Faegre Baker Daniels. Up next: graduation and a two-year stint as a law clerk for U.S. District Judge Patrick J. Schiltz in Minneapolis.
CHARLES BARRERA MOORE CLASS OF 2017 WHEN HE’S NOT IN CLASS OR
studying, Charles Moore is most likely to be at the Center for New Americans (CNA) drafting asylum applications or researching appeals. “I’m there all the time,” he says. The CNA comprises three Law School clinics that work together to assist recent arrivals to the United States. That’s also been a passion for Moore. After graduation from Boston College in 2011, he helped Ecuadorian immigrants apply for government aid, gain access to health care, and sometimes even register for school. “They’re a vulnerable group of people,” he says. His office was a children’s library tucked away inside a Roman Catholic Church in Milford, Mass. People walked in, wandered down a hallway, and found the lanky Moore—he was an AmeriCorps volunteer—hunched over a round folding table. As a political science major at Boston College, Moore had flirted with the idea of becoming an attorney. His experience helping folks didn’t dissuade him. But, just to be sure, he signed on as a paralegal with Thornton Law Firm in Boston. One of the firm’s specialties was represent-
ing pregnant women who had been exposed to hazardous materials while working at semiconductor plants. “I saw how the law could be a good tool to remedy the harm they had suffered,” he says. Enrolling at the Law School meant a return to Minnesota for Moore— he grew up here playing basketball and cheering for the Timberwolves. His parents live in downtown Minneapolis. In addition to his work at the Center for New Americans, Moore is a member of the articles committee at the Minnesota Law Review. Next year, he will be the journal’s lead online editor. This summer, Moore’s plans include a three-month stint in New York as a summer associate at Hogan Lovells, a firm with more than 2,500 lawyers in 41 offices worldwide. That international focus is appealing to Moore. As an undergraduate, he spent a semester studying in Madrid, Spain, and dug into political science courses that focused on the European Union, China, and Islamic political philosophy. “My goal,” he says, “is to practice law at an international level.”
SAALINI VALLI SEKAR CLASS OF 2018 BORN IN MADISON, WIS., SAALINI
Valli Sekar spent most of her childhood in Madurai, India, a city in the Tamil-speaking south. Her father, a biotechnology professor, and her mother, a homemaker, wanted their children to understand Indian culture up close, not from several continents away. So when Sekar was just a year old,
the family left Packer-crazed Wisconsin for a country more obsessed with cricket than football. “I grew up there,” she says. “I know the culture. I know my relatives. I speak the language fluently.” Thirteen years later, the Sekars returned to America, thanks to her father’s new job at an agricultural biotech company in Ames, Iowa. Since she’d been educated in South Asia, local teachers assumed she’d have to work hard to catch up to her classmates. It was just the opposite. Sekar excelled in several subjects. “I was good at math and solving puzzles,” she says. She decided to become an engineer. At college, she didn’t just stay close to home; she lived at home and studied at Iowa State University, earning bachelor’s degrees in computer and electrical engineering and a master’s degree in electrical engineering. In 2008, she moved to Rochester, Minn., to work as an analog circuit designer at IBM. One of Sekar’s coolest projects at IBM was for Microsoft’s Xbox; she designed a “little tiny chunk” of the popular video game’s processor. Most of her days, though, were not only routine, but uninspiring. “It’s not as creative as you think,” she says. “It was monotonous. I wanted to do something else.” So last year she quit Big Blue, moved to Minneapolis with her husband and child, and began studying at the Law School. Her first semester was tough. At school, she thought about home. At home, she worried about school. But this semester, she’s mastered a rhythm that involves plenty of time for both. After graduation, Sekar plans to leverage her engineering knowledge by specializing in patent prosecution. Soon, she begins work as a summer associate at Merchant & Gould, an intellectual property firm in Minneapolis. “Starting out, I want to work at a firm,” she says. ■ By Todd Melby, a freelance writer and radio producer based in Minneapolis
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STUDENT NEWS AND AWARDS A BUSY SEASON FOR MOCK TRIAL AND MOOT COURT TEAMS Mock trial and moot court teams from the Law School were extremely busy throughout the fall and winter, traveling near and far for national competitions. • Mock trial teams finished 5th and 10th overall, out of 24 teams, at the regional level of the annual Texas Young Lawyers Association National Trial Competition, held at the University of Wisconsin Law School in Madison. Team members Jenna Shannon (’16), Carolyn Isaac (’16), Kevin Kitchen (’17), Sara Treumann (’17), Kaiya Lyons (’16), and Rosie Derrett (’16) defeated teams from the University of Kansas, University of North Dakota, University of South Dakota, and Mitchell Hamline School of Law before being eliminated. The teams are coached by adjunct professors Craig Roen (’87) and Craig Buske (’10). • Hal Spott (’16), Ceena Idicula Johnson (’16), Yi-Ping Chang (’16), Brian Gerd (’17), and Walter Prescott (’17) competed in the Philip C. Jessup International Moot Court Competition in Denver. The team completed the preliminary rounds in third place overall, with a competition-best 3,244 points, and won a convincing quarterfinal victory before falling to the eventual champion, Stanford Law School, in a tightly scored semifinal round. Along with this high finish, the Law School team received the award for second-best Memorial (international brief) in the competition, and all four of Minnesota’s advocates—Spott, Idicula Johnson, Chang, and Gerd—placed in the top 30 of competition advocates. In the process, the advocates set what is believed to be a Law School record, with all four averaging above 90 (out of 100) in scoring. • A three-student team—Suhai
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Guo (’16), Daniel Roach (’16), and Katherine Nyquist (’16)—traveled to Pace Law School in White Plains, N.Y., for the 2016 Jeffrey G. Miller Pace National Environmental Law Moot Court Competition (NELMCC). They faced several strong challengers, including two teams that made it to the semifinals and one that won Best Brief for the entire competition, and did not move past the preliminary rounds. However, they enjoyed the experience and even got to spend some time in New York City. • Two teams went to Washington, D.C., for the regional round of the ABA Law Student Division National Appellate Advocacy Competition (NAAC). Team members—Dillon White (’16), Chris Menezes (’16), and Alex King (’17); and Erik Haslem (’16), Michael Laird (’16), and Cate Ellis (’17)—participated in a hypothetical appeal to the United States Supreme Court. While neither team advanced to nationals, Dillon White was recognized as a top-10 oralist with an average score of 90.45 in the first three rounds of arguments. The teams also enjoyed a visit to the Supreme Court following the competition. • Two teams competed in the 30th annual William E. McGee National Civil Rights Moot Court Competition, held at Mitchell Hamline’s campus in St. Louis Park, Minn. The teams, all 3Ls—John Wittmer and Chris Wysokinski, and Chelsea Lemke and Corey Christensen—both advanced to the round of 16, but neither made the final group of 8. Wittmer and Wysokinski lost to the team with the overall Best Oralist at the event, and Lemke and Christensen were bested by the competition’s eventual champions. The competition is named for the late William E. McGee (’80), a strong advocate for human rights and the first African American to be
appointed chief public defender in the state of Minnesota. • Two teams represented the Law School at the regional level of the 66th annual National Moot Court Competition, held at the University of St. Thomas School of Law in Minneapolis. Team members, all 3Ls, were Raphael Coburn, Amanda Roberson, and Zach White (Respondent team), and Jeff Bruno, Kristen Letich, and Eric Weisenburger (Petitioner team). The Respondent team went undefeated until the regional finals and won honors for Best Respondent Brief. The Law School’s record in this event is strong. Over the past 34 years, out of 68 teams entered, 48 have qualified for the regional quarterfinals, 31 for the regional final four, and 19 for the national finals.
LAW SCHOOL TEAM WINS INTERNATIONAL HUMANITARIAN LAW COMPETITION
Anne Dutton (’16), Griffin Ferry (’16), and Dane Rockow (’16) Three students from the Law School won the 2016 Clara Barton International Humanitarian Law Competition, conducted by the American Red Cross. Team members Anne Dutton, Griffin Ferry, and Dane Rockow, all 3Ls, traveled to Seattle for the competition, defeating the team from Harvard Law School in the final round. Rockow and Dutton placed first and second, respectively, in the Best Oralist category. The annual event is a simulation-
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based role-playing exercise that requires participants to engage with the kinds of real-world challenges that face practitioners of international humanitarian law during armed conflicts. Participants explore the application of the law through fictional but realistic case studies of armed conflict—and the terms of these case studies evolve throughout the event, meaning competitors must present, advocate for, and defend positions to a diverse range of stakeholders in a complex and dynamic legal environment.
RAJIN S. OLSON (’16) NAMED TO NATIONAL JURIST LIST OF OUTSTANDING LAW STUDENTS The National Jurist named Rajin S. Olson (’16) to its inaugural “Law Students of the Year” feature. The magazine asked more than 200 law schools for “stories of their most devoted students with unparalleled attitudes” and selected 25 individuals from among the nominees, based on such factors as leadership, focus, and commitment to justice. A unifying theme of Olson’s time at the Law School has been working to help immigrants and other marginalized people understand and assert their legal rights. He currently serves as student director of the Detainee Rights Clinic, helping student attorneys with case management. His other activities include working with the Asylum Law Project and the Minnesota Detention Project, serving as symposium editor of the Minnesota Law Review (Vol. 100), interning with the U.S. Attorney’s Office for the District of Minnesota, and performing with the Theatre of the Relatively Talentless. The National Jurist (www. nationaljurist.com) is read by more than 100,000 law students and educators.
Rajin S. Olson (’16)
Joy (Shuangqi) Wang (’16)
Nick Hittler (’16)
JOY (SHUANGQI) WANG (’16) PART OF WINNING TEAM IN GLOBAL HEALTH CASE COMPETITION
NICK HITTLER (’16) NAMED A DEPARTMENT OF JUSTICE HONORS PROGRAM ATTORNEY
Joint-degree candidate Joy (Shuangqi) Wang, who will receive both her J.D. and her M.P.H. in environmental health in May, is a member of a six-student team that won first place in the 2016 University of Minnesota Global Health Case Competition. Conducted annually by the Center for Global Health and Social Responsibility, part of the University’s Academic Health Center, the competition challenges interdisciplinary teams of students to make effective strategic recommendations for helping to alleviate real-world health problems. This year, the student teams were asked to develop sustainable interventions in the Syrian refugee crisis. Fourteen teams took part in the competition. Wang and her teammates—students in the School of Public Health and the College of Food, Agricultural, and Natural Resource Sciences—proposed implementing a pilot program in Turkey and Lebanon to improve the security, health, and resilience of Syrian refugees through vocational training and access to conditional financial support. At press time, they were preparing to travel to Atlanta to compete with teams from around the world in Emory University’s International Global Health Case Competition.
Nick Hittler (’16) was selected through the U.S. Attorney General’s Honors Program to work as a judicial law clerk at the Department of Justice’s Immigration Court in Bloomington, Minn. Hittler will clerk for the Immigration Court judges during his two-year term. Hittler, a Robina Public Interest Scholar, spent his 1L summer working for the Bloomington Immigration Court as a judicial extern, and his 2L academic year and summer with the Federal Immigration Litigation Clinic at the Law School’s Center for New Americans (CNA). During his final semester, Hittler served as student director of that clinic. He was also a staff member of the Minnesota Law Review and a founder of the student organization VISA (Voices for Immigration Student Association). The Department of Justice Honors Program is the largest and most prestigious federal entry-level attorney hiring program of its kind. Honors Program attorneys are selected based on a demonstrated commitment to government service, academic achievement, leadership, law review or moot court experience, legal aid and clinical experience, past employment, and extracurricular activities.
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GRIFFIN FERRY (’16) WINS INTERNATIONAL HUMANITARIAN LAW WRITING COMPETITION Griffin Ferry (’16) was named the winner of the 2015 International Humanitarian Law (IHL) Student Writing Competition. The competition is sponsored by the Center for Human Rights and Humanitarian Law at American University Washington College of Law, the American Society of International Law’s Lieber Society, and the IHL program of the American Red Cross. The theme of the 2015 competition was “The Intersection of International Humanitarian Law and Gender”; law students from across the country submitted papers that focused on ways in which IHL intersects with gender issues, such as the role of women as combatants, the gendered use of sexual violence during times of armed conflict, and the impact of gender stereotyping on international humanitarian law. Ferry’s winning paper, “Oppression Through ‘Protection’: A Survey of Femininity in Foundational International Humanitarian Law Texts,” was selected by a panel of distinguished academics and practitioners who specialize in the field. Ferry described his goal in writing the paper as “to unearth and analyze the patriarchal roots of IHL… [as] a critical first step towards ensuring
Griffin Ferry (’16)
Andrea Crumrine (’16)
the future of IHL does not perpetuate the shortcomings of the past.”
ANDREA CRUMRINE (’16) AND KERRY MCGUIRE (’16) AWARDED EQUAL JUSTICE WORKS FELLOWSHIPS 3Ls Andrea Crumrine and Kerry McGuire were awarded two-year postgraduate fellowships through Equal Justice Works, a nonprofit organization whose mission is “mobilizing the next generation of lawyers committed to equal justice.” Each year, through a competitive process, Equal Justice Works awards approximately 50 fellowships to lawyers who have developed innovative legal projects aimed at serving communities in desperate need of legal assistance. Fellows receive a competitive salary, generous loan repayment assistance, training, and additional support during their two-year tenure.
Kerry McGuire (’16)
During the term of the fellowship, Crumrine will work at Americans for Immigrant Justice in Miami, representing detained asylum seekers in immigration court, before the Board of Immigration Appeals, in federal district court, and potentially in federal circuit court. She also intends to provide advocacy at the national level on the conditions of immigrant detainees in Broward Transitional Center, the Miami detention facility of U.S. Immigration and Customs Enforcement. McGuire will spend her fellowship term working with the Immigrant Law Center of Minnesota (ILCM) to create medical-legal partnerships with health clinics in rural Minnesota, with the aim of increasing immigrants’ access to legal aid. She also plans to do policy work that will bolster immigrants’ access to health care in the state. ■
2016–17 JOURNAL EDITORS ABA Journal of Labor & Employment Law (Vol. 32) Editor in Chief: Paige Haughton Lead Managing Editor: Tyler Adams
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Minnesota Law Review (Vol. 101) Editor in Chief: Alysha Bohanon Lead Articles Editor: Allen Barr Symposium Editor: Jerry Kerska
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Minnesota Journal of International Law (Vol. 26) Editor in Chief: E. Catlynne Shadakofsky Executive Editor: Nikesh Patel Lead Articles Editor: Ami Hutchinson
Law & Inequality: A Journal of Theory and Practice (Vol. 35) Editor in Chief: Amy Erickson Executive Editor: Bojan Manojlovic Symposium Editor: John Bruning
Minnesota Journal of Law, Science & Technology (Vol. 18) Editor in Chief: Timothy Joyce Executive Editor: Zachary Berger Lead Articles Editor: Na An
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TORT 2016: DOOMED TO HILARITY THROUGH 1L BRIEFS, JOURNAL, moot court, and classes, the Law School’s Theatre of the Relatively Talentless (TORT) found new adventures in presenting its 14th annual production, Minnesota Jones and the Law School of Doom, April 8 and 9 at the Pantages Theatre in Minneapolis. The show tells the tale of Minnesota Jones, a laid-back 3L, and Willie Scott, a neurotic bookworm, who find that only they can stop the scheming Professor Ramsay from filling a vacancy on the U.S. Supreme Court. Featuring talented leading characters and dancers, a 14-member pit band, and a 40member chorus, Minnesota Jones took the audience on a tuneful and uproarious ride to save the Law School and the nation.
Students weren’t the only shining stars. Professor Judith T. Younger made her 14th consecutive appearance; other faculty performers included Professors Brad Clary (’75) and John Matheson and Deans David Wippman and Erin Keyes (’00). Justice G. Barry Anderson (’79) and Judges John Tunheim (’80) and Joan Ericksen (’81) also made cameo appearances. Like all TORT productions, Minnesota Jones was written, performed, and produced entirely by Law School students. Allison Kvien (’16) headed the team that created the script, choreographer Jill Jensen (’16) masterminded the dances, and music director Jake Dona (’16) arranged and conducted the eclectic selection of musical numbers. Other major contributors included cos-
tumer Mandy Theissen (’17) and technical director Mary Scott (’16). Director Tim Joyce (’17) brought the script to life, and producers Maria Warhol (’16) and Walter Prescott (’17) put it all together. The Law School gratefully acknowledges 2016 corporate sponsors Stinson Leonard Street; Faegre Baker Daniels; Robins Kaplan; Fredrikson & Byron; Lexis; Thompson Reuters; Themis Bar Review; and Kaplan Bar Review. Special thanks for continued support also go to the Law School’s Admissions Office, Advancement Office, Communications Office, Student Organizations Office, Career Center, Educational Technology Office, and Law Council. ■ By Maria Warhol (’16)
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ALUMNI PROFILES
JAMES L.H.CHOSY MYRON “MIKE” BRIGHT CLASS OF 1989 1947 “I WILL ADMIT, FOR THE RECORD,
that I was not born knowing I wanted to be a lawyer,” says Jim Chosy, executive vice president, general counsel, and corporate secretary of U.S. Bancorp. He did know that he loved learning and wanted a graduate degree that 40
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combined history, language, sociology, and political science. Law fit the bill, and he loved the intellectual stimulation of law school.Yet his career trajectory was still uncertain; anything but litigation would do. “Some people are naturally attracted to adversarial proceedings, but not me,” he says. “Aside from that, general business, corporate, real estate, and banking law were all intriguing. I figured I’d try to get a good job with a good law firm and take it from there.” A clerkship and eventual position with Dorsey & Whitney allowed him to sample practice areas and acquire broad experience. “I had no idea what it was going to be like, but I found it interesting, exciting, and challenging,” he says. “And my theory proved true—if I found a great firm with excellent lawyers and good clients, opportuni-
ties would present themselves.” Indeed they did. After working with a senior partner on what was then First Bank System, Chosy took the leap to the corporate side, serving First Bank as vice president and associate general counsel (19952001), then Piper Jaffray Companies as managing director, general counsel, and secretary, then rejoining what is now U.S. Bancorp in 2013. While his career was coming “one giant full circle,” investment and commercial banking evolved. “The challenges and the practice have changed. We came out of the financial crisis with an intense regulatory focus. Over time, legal departments have become much more sophisticated, legal needs have grown, and issues are more critical. But as counselors, advisors, and problem-solvers, that’s what we enjoy the most. We’re called
1 Alumni and Student Social at Atlas Grill in Minneapolis
2 Andrea Crumrine (’16)
3 Taylor Mayhall (’18), Claire Williams (’18)
4 Court Anderson (’03), Dean Wippman, William Cameron (’69)
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on more than ever before.” When not immersed in the career he couldn’t predict but obviously savors, Chosy serves on the Law School board of advisors and executive committee; he received the University’s Alumni Service Award in 2012. He has also spent several years on the Guthrie Theater board, which he calls “an absolute blast. Theater people are a nice change of pace, different from the corporate world. I draw energy from that.” SANDRA BOTCHER CLASS OF 1990 AMONG SANDY BOTCHER’S MANY
career accomplishments is one she acquired early: skill transfer. “If you can control thirty 13- and 14-yearolds,” says the former junior high school teacher, “the rest of the world is easy.” By the time she earned her long-awaited law degree, she understood the impact of good teaching on students, the rewards inherent in
taking well-advised risks, and the benefits of applying one’s skills to ever-escalating, sometimes unanticipated challenges. Botcher, named vice president for facility operations at Northwestern Mutual Life Insurance Company in 2014, has embraced her share of surprises. As a litigator for seven years, she relished the analytical challenges. “I loved everything about being a lawyer, and I thought I’d be a lawyer the rest of my life,” she says. But when she was invited to join Northwestern Mutual’s top-notch in-house legal department in 2001, she accepted. And when she was asked to run the internal audit department in 2008, she accepted once again. “I had no background, but I had good analytical skills and knew how to think about risks in the right ways,” she says. “My mentors encouraged me to think about how my skills transferred to other parts of the organization. Once I started thinking about strengths, I realized I could move around.”
Which explains, in part, why she now manages the $450-million, 32-story, 1.1-million-square-foot office building and public space project (Northwestern Mutual Tower and Commons) scheduled to grace downtown Milwaukee by late 2017. Initially surprised that legal skills translated to management and leadership expertise, she now realizes that collaborative prowess and managerial courage were already in her wheelhouse. “You have to make hard decisions for the right reasons, and you have to bring the right experts to the table and help them law.umn.edu Perspectives SPRING 2016
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understand why they need to do what they need to do to move forward,” she says. Creativity, community commitment, and political savvy are also required. “It’s by far the most fascinating, intriguing, and challenging thing I’ve ever had to work on,” Botcher adds. “Walking out the door every morning and running into people working on the project, knowing what it means to them, having a visual representation of your work staring you in the face and seeing it take shape—it’s the coolest thing I’ve ever done. I’m having a great time.”
CLARA J. OHR CLASS OF 1998 THERE IS LITTLE DOUBT THAT
Clara Ohr, legal counsel and compliance officer at LUKOIL Pan Americas (LPA), has mastered the art of navigating cultural shifts. Born in Boston to Korean immigrants who moved west to pursue medical careers, she grew up in Omaha before heading back east for college. The fledgling concert pianist earned a Harvard B.A. in East Asian Studies and a Master of Music at the Peabody Conservatory before deciding that law was perhaps a better choice, and Minnesota a humane place in which to study it. “I missed the Midwest. Had I been somewhere else, I might not have finished,” she admits. “I had many options, but I did have a fundamental interest in law, from junior high moot court to speech and debate classes. I also had an innate interest in international affairs, whether in a government or business context.” She would have pursued a joint J.D./MBA degree had such programs been more available. Instead, she 42
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created her own path, studying international comparative law as an exchange student at Sweden’s Uppsala University, then plumbing the depths of asset-backed securities at the Omaha-based firm Kutak Rock during the “fast and furious ’90s.” But the wider global public finance world beckoned. “I moved to Washington, D.C., without a job, ready to do contract legal work or even wait tables,” she recalls. She flooded the market with resumes; one initial rejection serendipitously became a position at the Export-Import Bank of the United States, where she negotiated export finance transactions. Moving to New York to learn energy project finance at Chadbourne & Parke and energy commodities as an Axiom attorney at Deutsche Bank prepared her to become a trading attorney at Hess Corporation before moving to LPA. “I was the first full-time lawyer hired at LPA. The challenges of being a solo legal and compliance department in a U.S. subsidiary of a global Russian company are significant, as are the cultural differences,” she says. But cultural diversity is her bailiwick, and she remains committed to it, as her leadership of and activism with the Asian American Bar Association of New York attests. “I’ve had quite a ride,” she adds. “Despite the unexpected twists and turns, it all seems to have more or less worked out.” ADAM HOSKINS CLASS OF 2012 FROM LIT TO LITIGATION, WITH
game-show loot en route, has been Adam Hoskins’s path to success so far, despite the occasional stumble. For example, he aimed for a Ph.D. in English literature because he didn’t want to follow in the footsteps of his father, who is deputy general counsel at the University of Missouri. But one semester short of finishing his master’s program, he surrendered to the inevitable and switched. “My dad says I’ve thought like an attorney since I was 9 or 10,” Hoskins says. “I like looking at both sides of a
problem, not taking things for granted, doing my own research. I have a healthy skepticism.” He also loved law school, from its intellectual rigor to the study habits it necessitated. He graduated magna cum laude and secured clerkships with U.S. District Judge David S. Doty (’61) in Minneapolis and, currently, Judge Duane Benton of the U.S. Court of Appeals for the 8th Circuit in Kansas City. “Clerkships are absolutely the best job you can have after law school. You’re in the courtroom every day, observing all levels of litigation, getting to know judges and attorneys. What a phenomenal experience,” he says. He also spent a year as an associate with Faegre Baker Daniels in Minneapolis. Once he accepted law as his destiny, Hoskins knew litigation was his goal. It allows him to tap his writing skills and creativity to craft unique arguments and strategies. “I’m also a competitive person who thrives on benchmarks for winners and losers,” he says. Which might explain why the self-proclaimed trivia nerd has long entered Jeopardy! contestant tryouts. He got “The Call” last November, and it “caught me totally off guard,” he says. “Quiz-show prep put his legal background to work. He crammed to strengthen his weak areas (art, opera, classical music) and devised drills for the rest. He won on the first two days but lost on the third. “It was a blast. I was surrounded by smart, talented people from all over the country, and we had a lot of camaraderie,” he says. His take of $43,402 “wasn’t bad for an hour and a half of work. There were transferable skills—thinking on your feet, staying cool under pressure—but mostly, it’s just a cool story to tell.” ■
Hoskins Photo: Photo courtesy of Jeopardy Productions, Inc.
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ALUMNI NEWS AND AWARDS SAMUEL D. HEINS (’72) CONFIRMED AS UNITED STATES AMBASSADOR TO NORWAY
GARY M. HALL (’82) REAPPOINTED TO WORKERS’ COMPENSATION COURT OF APPEALS
Jim Long (’84)
The U.S. Senate confirmed Samuel D. Heins (’72) as the United States ambassador to the Kingdom of Norway. In a statement, Minnesota Senator Amy Klobuchar praised the Senate’s action, saying, “Minnesota is home to more people of Norwegian heritage than anywhere except Norway itself, so it is only fitting that the new ambassador hails from our state.” Heins received his B.A. from the University of Minnesota in 1968 before enrolling at the Law School. After earning his J.D., he embarked on a legal career that spanned more than 40 years. Most recently (1994-2013) he was a partner at Heins Mills & Olson in Minneapolis, where he specialized in complex litigation, particularly securities fraud and antitrust class actions. Heins is also one of the state’s most dedicated champions of international human rights. In 1983, he co-founded The Advocates for Human Rights and served as its first board chair. In 1985, he played a pivotal role in establishing the Center for Victims of Torture and chaired its inaugural board. Heins has also been a longtime advocate of the Human Rights Center at the Law School, where he has established endowed funds to support fellowships and research conducted by students on topics related to the advancement of international human rights.
Governor Mark Dayton reappointed Gary M. Hall (’82) to the five-judge Minnesota Workers’ Compensation Court of Appeals (WCCA), where he has served since 2012. The reappointment is for a six-year term. Prior to joining the WCCA, Hall was the assistant commissioner for safety and workers’ compensation at the Minnesota Department of Labor and Industry and a workers’ compensation judge with the Minnesota Office of Administrative Hearings. He is a former member of the American Bar Association’s Labor and Employment Law Section National Conference of Specialized Court Judges and the National Association of Hearing Officials. He also volunteers with moot court and the Rosetown Playhouse Community Theater. The Workers’ Compensation Court of Appeals is an independent agency of Minnesota’s executive branch. It reviews workers’ compensation cases decided by compensation judges at the Office of Administrative Hearings and some cases decided by the Workers’ Compensation Division at the Department of Labor and Industry.
JIM LONG (’84) AND TOM WALSH (’04) HONORED FOR PRO BONO SERVICE The Hennepin County Bar Association (HCBA) selected two Law School alumni, Jim Long (’84)
Tom Walsh (’04)
and Tom Walsh (’04), as recipients of the organization’s 2016 Pro Bono Publico awards, which recognize significant contributions to pro bono service in Minnesota’s most populous county. Long, who received the Distinguished Service Award, is a shareholder at Briggs and Morgan and the chair of the firm’s pro bono committee. Working through the Volunteer Lawyers Network, in particular the Hennepin County Civil Counsel Pro Bono Project and the Benefactors Board, Long has provided 330 pro bono legal services in just the past five years. He has also worked to expand guardianship resources for the Hennepin County Self-Help Center and has aided the county by obtaining and training Legal Access Point attorneys. Through Briggs and Morgan’s summer associate program, Long seeks to pass on his passion for pro bono work to a new generation of lawyers. Walsh received the HCBA’s Award of Excellence for a Public Attorney. As a staff member of the Minneapolis-based Volunteer Lawyers Network, Walsh has significantly increased indigent Minnesotans’ access to representation in family law and bankruptcy cases. But his advocacy goes much further: he has founded a thriving bankruptcy legal advice clinic, was instrumental in creating the Special Immigration Juvenile Status Third Party Custody Pro Bono Project, and is currently working with the
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Hennepin County Juvenile Court to develop custodians in cases involving children in need of protection or services and termination of parental rights. Walsh has a national presence as well, having been asked to help create and improve pro bono programs across the United States.
DIANE B. BRATVOLD (’87) NAMED TO MINNESOTA COURT OF APPEALS
Governor Mark Dayton appointed Diane B. Bratvold (’87) to the Minnesota Court of Appeals. Bratvold had served as a judge in the state’s 4th Judicial District since 2014. She previously was a shareholder with Minneapolis-based Briggs and Morgan, where her practice focused on civil appeals and advice to clients and trial counsel. Before that she spent
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13 years as an attorney with Fetterly & Gordon, and 6 years as a partner and associate at Rider Bennett, both in Minneapolis. Bratvold is also an adjunct professor in appellate advocacy at the University of St. Thomas Law School and an officer in the American Academy of Appellate Lawyers. Bratvold sits on the boards of several Twin Cities nonprofit organizations, including The Advocates for Human Rights (where she also serves as treasurer), the Zion Lutheran Church Foundation in Anoka, and the Minnesota Supreme Court Historical Society. She volunteers as a mentor at the University of St. Thomas Law School, and is a former director of the Champlin Park Vocal Music Association.
Congress in 2015 to streamline insurance sales throughout the 50 states while preserving the states’ ability to protect consumers. In addition to serving as Minnesota’s commerce commissioner, Rothman is a member of the National Association of Insurance Commissioners. From 2002 to 2010, he was a partner at Winthrop & Weinstine in Minneapolis, where he was co-chair of the insurance and financial services practice group, and from 1993 to 2002, he was a partner at Barger & Wolen in Los Angeles. He taught insurance law and regulation as an adjunct professor at the Law School from 2005 to 2007. Rothman has been recognized for his focus on building financial capability in Minnesotans from kindergarten to retirement, receiv-
OBAMA NAMES MIKE ROTHMAN (’88) TO INSURANCE REGULATORY POST The White House announced President Obama’s nomination of Mike Rothman (’88), commissioner of the Minnesota Department of Commerce, to a seat on the board of directors of the National Association of Registered Agents and Brokers (NARAB), an independent nonprofit corporation established by
ALUMNI BOOKSHELF
1 DONAN BERG (’74) One Paper Heart (DOTDON Books, 2015) 2 MYRON H. BRIGHT (’47) Goodbye Mike, Hello Judge: My Journey for Justice (North Dakota State University’s Institute for Regional Studies, 2015) 3 JUDGE MARTHA A. MILLS (’65) Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois (ABA Book Publishing, 2015)
4 STACEY HUNTER HECHT AND DAVID SCHULTZ (’98) Presidential Swing States: Why Only Ten Matter (Lexington Books, 2015) 5 NANCY ERBE (’85) AND ANTHONY H. NORMORE Cross-Cultural Collaboration and Leadership in Modern Organizations (IGI Global, 2015)
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ing the 2014 Desjardins Financial Education Award for State Government Policymakers from the Credit Union National Association and the 2014 Champions of Retirement Security Award from the Insured Retirement Institute.
TRACY M. SMITH (’88) NAMED TO MINNESOTA COURT OF APPEALS
Governor Mark Dayton appointed Tracy M. Smith (’88) to the Minnesota Court of Appeals. Smith had been the University of Minnesota’s deputy general counsel since 2013, after serving as an associate in the general counsel’s office since 1994. She previously clerked for Judge Max Rosenn of the U.S. Court of Appeals for the 3rd Circuit and was a prosecutor in the Minnesota attorney general’s
office, representing the state in consumer fraud investigations and lawsuits, working on civil antitrust investigations, and handling a number of criminal appeals. As a student at the Law School, she was articles editor of the Minnesota Law Review and a member of the Order of the Coif. Smith is actively involved with the Minneapolis Public Schools, volunteering at Southwest High School and having served on the Minneapolis Public Schools Advisory Committee on Global Languages and the Minneapolis Kids Advisory Board. She has also volunteered as a teacher for English language learners at Neighborhood House in St. Paul.
at the Minneapolis law firm Maslon, as well as a partner and trial lawyer in the firm’s litigation group. Previously, she was an assistant attorney general for the state of Minnesota, an intellectual property litigation associate at Robins Kaplan, and a law clerk to former Minnesota Supreme Court Justice Alan C. Page (’78). Sugisaka serves as the vice chair of Minnesota’s 4th Judicial District Ethics Committee and is a member of the Minnesota Asian Pacific American Bar Association, Minnesota Women Lawyers, and the Federal Bar Association Diversity Committee. She is also a volunteer attorney for the Pro Se Project, The Advocates for Human Rights, the Volunteer Lawyers Network, and the Minnesota Federal Court Open Doors Program. ■
KEIKO L. SUGISAKA (’96) NAMED TO MINNESOTA COMMISSION ON JUDICIAL SELECTION Governor Mark Dayton appointed Keiko L. Sugisaka (’96) to a threeyear term as an at-large member of the state’s Commission on Judicial Selection. The commission solicits judicial candidates, evaluates applicants, and recommends nominees to the governor. Sugisaka is the chair of the tort and product liability practice group
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FALL ALUMNI AND STUDENT SOCIAL Nearly 250 alumni and students gathered at Atlas Grill in downtown Minneapolis for an evening of networking and socializing. The event is quickly becoming a successful annual tradition for the Law School. The social was hosted by Karin Bikeland (’87), Sarvesh Desai (’14), Kristen Letich (’16), Mike Nilan (’79), Mitch Noordyke (’17), Amy Seidel (’98), and Melvin Welch (’07).
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1 Zachary Crain (’05), Renwei Xu (’16), Meilin Jin (’16) 2 Vanessa Colletti (’18), Lauren Zenk (’18), Erin Conlin (’18), Andrew Miles (’18), Terri Kimker (’86) 2 law.umn.edu Perspectives SPRING 2016
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CLASS NOTES
NEWS ABOUT YOUR CLASSMATES AND COLLEAGUES
SEND US YOUR NEWS Your classmates and the Law School would love to know what important things are going on in your life, and we welcome your submissions for the Class Notes section of Perspectives. To be included in the next issue, your items must reach us by October 1, 2016. Submit your news via email at lawalum@umn.edu, or via mail to the Office of Advancement, Suite 321, University of Minnesota Law School, 229 19th Ave. S., Minneapolis, MN 55455. We look forward to hearing from you, and thanks for keeping in touch!
1959 Vernon S. Hoium was the 2015 recipient of the Columbia Heights (Minn.) High School Alumni of Distinction award. He was selected for his distinguished service to the civic community.
1961 Robert A. Stein, Everett Fraser Professor of Law, published a new book: The Rule of Law in the 21st Century: A Worldwide Perspective.
1972 James Erickson of Erickson Bell Beckman & Quinn in Roseville, Minn., was named a 2016 Minnesota Super Lawyer. He was also recognized by The Best Lawyers in America for his work in personal injury litigation. Samuel D. Heins was confirmed by the U.S. Senate as the U.S. Ambassador to Norway. Joe Price of Faegre Baker Daniels in Minneapolis was named a Litigation Trailblazer by the National Law Journal, as well as an MVP of the Year in product liability by Law360. He has practiced in mass torts litigation for more than 40 years.
1973 Dianne Heins of Faegre Baker Daniels in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for her work on the Mellouli v. Holder litigation team.
1974 Donan Berg received the 2016 Feathered Quill Book Award for Best Romance for his debut romance novel, One Paper Heart, published by DOTDON Books.
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Joseph M. Goldberg, assistant vice president and assistant general counsel of Sentry Insurance in Stevens Point, Wis., has been designated by ARIAS•U.S. as a Certified Reinsurance Arbitrator.
1975 Kevin S. Burke, a judge in Minnesota’s Fourth Judicial District Court, was honored for Outstanding Service to the Profession as part of Minnesota Lawyer’s 2015 Attorneys of the Year. Appointed to the bench in 1984, he currently serves in family court. He is also an adjunct professor at the University of Minnesota Law School and the University of St. Thomas Law School.
1976 Fred Pritzker of PritzkerOlsen in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year. He was also named to the Circle of Excellence as a repeat honoree. He was honored along with Eric Hageman (’95) for his work in a wrongful death lawsuit brought by the family of Abdullahi Charif, a 12-year-old boy who drowned during a school swimming class at St. Louis Park (Minn.) Middle School in early 2014.
1978 Charles E. Lundberg of Lundberg Legal Ethics was honored for Outstanding Service to the Profession as part of Minnesota Lawyer’s 2015 Attorneys of the Year. He was also named to the Circle of Excellence as a repeat honoree. Before founding Lundberg Legal Ethics in 2015, he was a partner at Bassford Remele in Minneapolis for more than 35 years, advising attorneys and law firms on matters involving legal malpractice, legal ethics, and other areas of the law of lawyering. Alan C. Page, retired Minnesota Supreme Court justice, was featured Feb. 8 on The Mary Hanson Show’s special miniseries for Black History Month. The miniseries featured African American leaders in Minnesota.
1980 John R. Tunheim, chief U.S. district judge for the District of Minnesota, was the co-recipient of The Fellows of the American Bar Association’s 2016 Outstanding State Chair Award. Catherine Wertjes was promoted to head of ethics and compliance at Astellas Pharma. She was previously vice president, legal, for Astellas US.
1981 Michael W. Unger of Unger Law Office in Minneapolis, and 2015-16 president of the Minnesota State Bar Association, was named one of Minnesota Lawyer’s 2015 Attorneys of the Year. He was also named to the Circle of Excellence as a repeat honoree.
1982 Jean Boler has joined employment law firm Schaefer Halleen in Minneapolis as a senior attorney. She worked closely with the firm’s president, Larry Schaefer, on Jenson v. Eveleth Mines, the first national sexual harassment class action lawsuit (depicted in the movie North Country). Prior to joining the firm, she worked in the Seattle City Attorney’s Office, most recently as chief of the Civil Division.
1985 Nancy D. Erbe, professor at California State University, Dominguez Hills (CSUDH), was honored with the 2015 Fulbright Distinguished Chair in American Studies at Pontifical Catholic University of Rio de Janeiro, which focuses on international relations, urban studies, and
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social inequalities. She also served for the second time as a Fulbright Specialist in Peace and Conflict Resolution for Bethlehem, West Bank, where she advised and helped launch the Arab world’s first peace master’s program. In addition, she won the Presidential Outstanding Professor award at CSUDH and published her fifth book: Cross-Cultural Collaboration and Leadership for Modern Organizations. David J. Larsson, shareholder at Larsson & Scheuritzel, taught a continuing legal education course entitled “The Unwritten Rules of Commercial Real Estate Transactions” at Jenkins Law Library in Philadelphia on March 2. Daniel W. McDonald of Merchant & Gould in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year.
1986 Teri Bentson of the Law Offices of Thomas P. Stilp in Minneapolis was certified as a Civil Trial Law Specialist by the Minnesota State Bar Association. Sheila Engelmeier of Englemeier and Umanah in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for her work on the Ewald v. Royal Norwegian Embassy litigation team.
1987 Diane B. Bratvold was appointed to the Minnesota Court of Appeals by Governor Mark Dayton. She previously served as a judge for the state’s
1990 Keith Ellison, U.S. Representative for the Fifth Congressional District of Minnesota, was featured on Feb. 22 on The Mary Hanson Show’s special miniseries for Black History Month. The miniseries featured African American leaders in Minnesota. David Kuhl is now the chief people officer at ABRA Auto Body & Glass. Most recently, he served as executive vice president and chief human resource officer for Ventyx Inc. and held senior leadership roles at First Data Corporation and UnitedHealth Group. Steven Lentz has rejoined Faegre Baker Daniels in Minneapolis as counsel in the investment management practice after serving as general counsel and chief compliance officer at Cornerstone Capital Management, an investment subsidiary of New York Life.
1991 Paul Johnston was named general counsel of Thrivent Financial. He was previously vice president and deputy general counsel for the company. Jack Luellen of Fox Rothschild’s Denver office was named among Denver Business Journal’s 2015 “Who’s Who in Energy.”
1992 David Dormont, a partner at Montgomery McCracken in Philadelphia, was elected to the Zionist General Council, which is comprised of Jewish leaders from around the world and is the supreme institution of the World Zionist Organization. The Zionist General Council inspects and, insofar as is necessary, decides upon the manner in which the World Zionist Organization will implement the decisions of the World Zionist Congress and of the Council.
Fourth Judicial District.
1988 Tracy M. Smith was appointed to the Minnesota Court of Appeals by Governor Mark Dayton. She previously served as deputy general counsel for the University of Minnesota.
Gary O’Connor has commissioned a libretto for his The Art of Fugue: The Opera—a project to turn J.S. Bach’s The Art of Fugue into an intermezzo-length opera—and has received the first draft from the librettist.
1993 William A. Stock, partner in the Philadelphia office of Klasko Immigration Law Partners and president-elect of the American Immigration Lawyers Association (AILA), presented at AILA’s Midwinter Conference. He provided
updates on legislative and regulatory issues that are currently affecting business practice, as well as a report card on President Obama’s executive action on immigration and the status of provisions meant to help businesses. In February, Stock presented the lunchtime keynote, “Can We Find a Common Political Ground in Immigration?”, at the State Bar of Texas’s 14th annual course on advanced immigration law.
1995 Eric Hageman of PritzkerOlsen in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year. He was also named to the Circle of Excellence as a repeat honoree. He was honored along with Fred Pritzker (’76) for his work in a wrongful death lawsuit brought by the family of Abdullahi Charif, a 12-year-old boy who drowned during a school swimming class at St. Louis Park (Minn.) Middle School in early 2014. Harold Hagen was promoted to partner at Bryan Cave. He practices in the firm’s San Francisco office, representing commercial real estate finance and capital markets clients.
1996 Keiko L. Sugisaka of Maslon in Minneapolis was appointed an at-large member of the Commission on Judicial Selection by Governor Mark Dayton. Her term will expire Jan. 7, 2019.
1997 Benjamin Casper, visiting associate clinical professor at the Law School and director of the Center for New Americans, was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for his work on the Mellouli v. Holder litigation team. Lee Friedman was named the chief operating officer of Jewish Family and Children’s Service of Minneapolis. He was previously the agency’s outcomes project manager and interim human resources director. Tina Smith was named vice president, deputy general counsel for Thrivent Financial. She was previously vice president, managing counsel for the organization. CONT >
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CLASS NOTES < CONT
1998
2001
David A. Schultz, professor of political science at Hamline University in St. Paul, published a new book: Presidential Swing States: Why Only Ten Matter. The book, which he wrote with Bethel University professor Stacey Hunter Hecht, explains why some states are more decisive and important than others in American presidential elections.
1999 Thayer Thompson was named general counsel and vice president, commercial, at Virgin Hotels. He was previously assistant general counsel for seven years at Virgin Management USA.
2000 Tracey Holmes Donesky of Stinson Leonard Street in Minneapolis was named a local litigation star by Benchmark Litigation. Steve Suneson was named an equity member of Coan, Payton & Payne in its Denver office.
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2003 Laura L. Johnson was promoted to counsel at Faegre Baker Daniels in Minneapolis, where she practices in the intellectual property group.
2002 John Boelter has joined Greenberg Traurig’s Chicago office as a shareholder in the corporate and securities practice. Julie M. Engbloom, a shareholder at Lane Powell’s Portland, Ore., office, was selected as a member of the Leadership Council on Legal Diversity (LCLD) 2016 class of Fellows. The LCLD is an organization of more than 240 corporate chief legal officers and law firm managing partners; the Fellows program was created to identify, train, and advance the next generation of leaders in the legal profession.
2004 Dan Herber has joined the University of Minnesota Office of the General Counsel as an associate general counsel. Sten-Erik Hoidal of Fredrikson & Byron in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for his work on the Signal International human trafficking litigation team. Daniel Lund has joined Faegre Baker Daniels in Minneapolis as counsel in the intellectual property group. He was previously with Shumaker & Sieffert in St. Paul.
2005 Shannon (Lambert) Cooper has joined Roe Law Group in Minneapolis as an associate focusing on employment counseling and litigation. She previously worked in civil and business litigation.
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JANUARY 12, 2016
SHANGHAI ALUMNI AND STUDENT RECEPTION More than 30 alumni and current students from Shanghai and the surrounding region attended a reception hosted by Kevin Qian (’92) at MWE China Law Offices in Shanghai. The reception, which is a first for the Law School, proved to be an excellent networking opportunity.
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Rachel Hughey was named a “40 Under 40” honoree by Minneapolis/St. Paul Business Journal.
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1 Thanks to the planning efforts of Yi-Ping Chang (’16), the Law School held its first alumni networking event in the Shanghai community. Students and alumni from both the Law School and the Carlson School of Management (CSOM) were in attendance. 2 Dr. Steven Huchendorf, senior lecturer (CSOM); Josh Edgar (CSOM ’16); Calvin Ding (’07), Yingnan Hao (’14)
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CLASS NOTES Margaux Soeffker of Terzich & Ort in Maple Grove, Minn., was named a 2015 Minnesota Rising Star by Super Lawyers Magazine. Brandon Thompson of Robins Kaplan in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year.
2006 Sarah Bunce was promoted to partner at Tucker Ellis, where she is a trial attorney in the firm’s Cleveland office. She was also named a 2016 Ohio Rising Star by Super Lawyers Magazine. Elizabeth Del Cid has joined Murphy & McGonigle’s New York City office as an officer.
Kristy Peters was promoted to partner in Littler Mendelson’s Phoenix office.
Shaheen Karolia has joined McMillan in Toronto as an associate in the firm’s corporate and financial services group.
Oscar Suarez of Halloran & Sage’s Hartford, Conn., office was named a 2015 Rising Star by Super Lawyers Magazine. Marisa Weisman was selected as a recipient of the Chicago Bar Foundation’s Sun-Times Public Interest Law Fellowship. She will receive $20,000 in loan repayment assistance over five years to help continue her career in legal aid.
2007 Molly Given was promoted to partner in Bowman and Brooke’s Minneapolis office.
Bill Laramy was promoted to partner in Stinson Leonard Street’s Minneapolis office.
Patrick Mahlberg of Fredrikson & Byron in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for his work on the Larry Stigen trial team. Chian Wu was promoted to partner in Perkins Coie’s Seattle office.
Charles Frohman was promoted to partner at Maslon in Minneapolis. Nick Janda joined One LLP as a partner in the firm’s new San Diego office. His practice focuses on litigating patent, copyright, and commercial disputes and intellectual property counseling and licensing. Previously, he was a counsel at O’Melveny & Myers.
Jason Zucchi was promoted to principal in Fish & Richardson’s Minneapolis office. CONT >
FEBRUARY 2, 2016
RECENT GRADUATE AND CURRENT STUDENT NETWORKING RECEPTION AND HAPPY HOUR 1
Graduates from the classes of 2006-2015 and current students attended a winter happy hour at the Living Room bar in the W Hotel in Minneapolis. The event was hosted by recent graduates Chris Schmitter (’13), Cicely Miltich (’11), Gauri Samant (’15), and current student Allison Rochford (’16). More than 50 people attended, undeterred by one of the heaviest snowfalls of the year.
1 Adam Setra (’18), Paige Stradley (’12), Andrew Erler (’18) 2 Joshua Wold (’18), Scott Villery (’18), Fangzhou Chen (’16)
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CLASS NOTES < CONT
2008
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Katherine Demarest was part of the Dorsey & Whitney legal team that represented George Frese, one of the “Fairbanks Four,” who was wrongfully incarcerated for 18 years for the murder of teenager John Hartman in October 1997. Dorsey partnered with the Alaska Innocence Project and the Alaska Office of Public Advocacy in reaching a settlement with the state of Alaska on December 17, 2015, that resulted in the “immediate and unconditional release” of the Fairbanks Four. Elizabeth Flanagan was promoted to principal in Fish & Richardson’s Wilmington, Del., office. Jenni Ives was promoted to partner in Stinson Leonard Street’s Minneapolis office.
David Jenson was promoted to partner in Stinson Leonard Street’s Minneapolis office.
Noreen Johnson Sedgeman was promoted to shareholder at Winthrop & Weinstine’s Minneapolis office.
Jeff Justman of Faegre Baker Daniels in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for his work on the Mellouli v. Holder litigation team. Bahram Samie, of the U.S. Attorney’s Office for the District of Minnesota, was named one of Minnesota Lawyer’s 2015 Attorneys of the Year. Doug Wolgamot was promoted to shareholder at Winthrop & Weinstine’s Minneapolis office.
2011 Chelsea Brennan DesAutels of Fredrikson & Byron in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for her work on the Signal International human trafficking litigation team. Steven Kinsella of Fredrikson & Byron in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for his work on the Signal International human trafficking litigation team.
Katherine McKnight was promoted to partner in BakerHostetler’s Washington, D.C., office.
Catlan McCurdy has joined National Public Radio as a member of its in-house counsel team.
Jeffrey R. Mulder was elected a shareholder of Bassford Remele in Minneapolis, where he practices in the areas of commercial litigation, insurance coverage, professional liability, and intellectual property.
2012
Patrick Murphy was promoted to partner in Quarles & Brady’s Milwaukee office. Michelle Rehbein was promoted to partner in Stinson Leonard Street’s Minneapolis office.
Jillian M. Flower has joined Jackson Lewis in Minneapolis as an associate focusing on employment litigation. She was previously with Henson & Efron.
Laura Nelson was named the new chair of the St. Catherine University Alumnae Council, beginning in October 2016. Nelson is an associate in the health law group at Stinson Leonard Street in Minneapolis.
2009 Joseph M. Cappola was selected for active duty service as an Air Force judge advocate.
2013 Faiza Majeed is now a staff attorney at Disability Rights DC at University Legal Services in Washington, D.C. She
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Chris L. Schmitter has joined Greene Espel in Minneapolis, after clerking for Judge Sidney R. Thomas of the U.S. Court of Appeals for the 9th Circuit and for Chief Judge John R. Tunheim (’80) of the U.S. District Court for the District of Minnesota.
2014 Rashida Adams has joined White & Case in New York as an associate in the financial restructuring and insolvency practice. Julia Decker was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for her work on the Mellouli v. Holder litigation team. She is a teaching fellow at the Law School’s Center for New Americans, as well as a former Robina Public Interest Fellow at the Immigrant Law Center of Minnesota. Glenn Greenberg’s article “The Impact of Ashcroft v. Iqbal on Securities Litigation” was published by the New York State Bar Association Journal in February 2016.
2015 Robin Lehninger has joined Whyte Hirschboeck Dudek in Milwaukee as an associate in the corporate and finance practice group. Cornelius Mahoney has joined Winthrop & Weinstine in Minneapolis as an associate in the real estate group. David Pabian has joined Winthrop & Weinstine in Minneapolis as an associate in the trademark and brand management group.
Lisa Marie Lopez is now an assistant federal defender with the Office of the Federal Defender for the District of Minnesota. Previously, she completed a judicial clerkship in Hennepin County and worked in the Ramsey County Public Defender’s office.
Benjamin Tozer of Fredrikson & Byron in Minneapolis was named one of Minnesota Lawyer’s 2015 Attorneys of the Year for his work on the Signal International human trafficking litigation team.
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was previously a Robina Post-Graduate Fellow at Mid-Minnesota Legal Aid.
Ryan C. Young has joined Fredrikson & Byron in Minneapolis as an associate in the litigation group.
2014-2015 Joseph A. Lewis (’14), Michael P. McBride (’15), and John M. Schwietz (’14) graduated from the Naval Justice School at Naval Station Newport in Rhode Island and are now on active duty as judge advocates in the U.S. Marine Corps (Lewis, serving in Okinawa, Japan) and U.S. Navy (McBride, serving in Groton, Conn.; Schwietz, serving in Jacksonville, Fla.).
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RECENT EVENTS
ALUMNI AND STUDENTS CONNECT
NATIONAL ALUMNI AND ADMITTED STUDENT EVENTS
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The Offices of Advancement and Admissions partnered throughout the winter to host receptions in key cities around the country. The goal of these events was to keep alumni engaged and connected to the Law School, as well as to introduce students admitted to the class of 2019 to the alumni networks in each region. The Law School is grateful to the event hosts and to the regional alumni ambassadors who helped promote and ensure the success of these events.
JANUARY 6, 2016 NEW YORK 2
APRIL 9, 2016
TORT PRE-SHOW ALUMNI RECEPTION AND PERFORMANCE A happy hour for alumni and students was held before the Theatre of the Relatively Talentless production Minnesota Jones and the Law School of Doom on April 9. More than 120 alumni and students joined in the fun at Kieran’s Irish Pub in downtown Minneapolis. This event was hosted by the Office of Advancement and TORT alumni Rachel Gartner (’08), Brad Hammer (’12), and Sarvesh Desai (’14).
1 Archana Balasubramanyam, Sarvesh Desai (’14), Leon Wells (’13) 2 David Tibbals (’14), Leon Wells (’13), Robin Lehninger (’15)
Hosted by Stephanna Szotkowski (’13) at Kaye Scholer, the New York reception featured remarks by Dean Wippman and Associate Dean June Carbone.
JANUARY 28, 2016 CHICAGO Hosted by John Hartmann (’87) at Kirkland & Ellis, the Chicago reception featured remarks by Dean Wippman and Professor Paul Vaaler.
FEBRUARY 2, 2016 SAN FRANCISCO Hosted by George Tichy (’67) at Littler Mendelson, the Bay Area reception featured remarks by Dean Wippman and Professor Francis Shen.
MARCH 14, 2016 WASHINGTON, D.C. MARCH 8, 2016
NAPLES ALUMNI AND DONOR RECEPTION
Alumni and donors in Naples, Fla., and the surrounding region attended a reception hosted by Eloise and Elliot (’61) Kaplan. In a short program, Prof. Mark Kappelhoff discussed his work in the Law School’s clinical program and his work in the Justice Department.
Admissions counselor Ally Hilding and regional ambassadors Kevin Sheys (’87), Dan Foix (’98), and Nicolas Sanchez-Mandery (’06) welcomed alumni and admitted students to a casual event at the Madhatter Bar.
For more on upcoming Alumni Events visit community.law.umn.edu.
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IN MEMORIAM CLASS OF 1935
CLASS OF 1955
CLASS OF 1965
William J. Quinn October 24, 2015 Winnetka, Ill.
Crane J. Bodine November 13, 2015 Edina, Minn.
Robert H. Sillerud October 6, 2015 Minneapolis, Minn.
CLASS OF 1946
Eugene P. Foley December 30, 2015 Whitefish, Mont.
CLASS OF 1972
Arthur W. Rundquist January 16, 2016 Minneapolis, Minn.
CLASS OF 1950 David R. Leslie January 12, 2016 Golden Valley, Minn.
CLASS OF 1951 Robert E. Granrud October 29, 2015 Golden Valley, Minn. Bonnie L. Poulsen November 23, 2015 Seattle, Wash.
Robert H. Palistrant October 22, 2015 Dallas, Texas
CLASS OF 1956 John Bertram (Bert) Press January 24, 2016 Minneapolis, Minn.
CLASS OF 1957 Victor Anderson January 27, 2016 Shorewood, Minn.
CLASS OF 1958 Ralph R. Turner January 2016 Sherman Oaks, Calif.
Bruce E. Clubb October 19, 2015 Fort Lauderdale, Fla.
CLASS OF 1952
Gary W. Flakne January 3, 2016 Minneapolis, Minn.
Donald E. Engle December 28, 2015 North Oaks, Minn.
CLASS OF 1953 Wyman A. Nelson December 28, 2015 Minneapolis, Minn. Wayne H. Olson October 2, 2015 St. Paul, Minn.
Edward H. Galbraith September 24, 2015 Minneapolis, Minn.
CLASS OF 1959 Charles R. Edelstein December 8, 2015 San Francisco, Calif.
CLASS OF 1963 James H. Gaffney February 2, 2016 Minneapolis, Minn.
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Peter J. Krieser November 2, 2015 Minnetonka, Minn.
CLASS OF 1975 Charles L. LeFevere January 30, 2016 Dassel, Minn.
CLASS OF 1977 Ann K. Newhall November 4, 2015 Minneapolis, Minn.
CLASS OF 1991 Robert D. Maher January 20, 2016 Minneapolis, Minn.
“Thank you for making legal education accessible to people of all income levels.” OLIVIA GARBER (’17) 2015-16 LAW SCHOOL SCHOLARSHIP RECIPIENT
The Partners in Excellence Annual Fund leverages the power of literally thousands of gifts of all sizes and the support of our alumni, making a real difference in the life of the Law School and our students. “Our primary motivations are helping people and teaching students. It’s that simple.” LAURA THOMAS ASSOCIATE PROFESSOR, DIRECTOR, CLINICAL EDUCATION PROGRAM
To make a gift, visit give.umn.edu/law For more than 125 years, the University of Minnesota Law School has been a leader in legal education. Supporters like you make that leadership position possible. Contributing to the Partners in Excellence Annual Fund each year is an important way to ensure its ongoing success. For comments and questions about the Law School’s Partners in Excellence Annual Fund, contact Abigail Loyd, Annual Giving Program Manager, aloyd@umn.edu, 612-625-6584.
Every day our alumni benefit from their high-caliber legal education as well as the continued recognition and success of the Law School. One gift every year has an exponential impact on our resources.
For more stories of generosity and impact, go to law.umn.edu/giving and facebook.com/UMNLawSchool
NONPROFIT ORG. U.S. POSTAGE
PAID
421 Mondale Hall 229 19th Avenue South Minneapolis, MN 55455
TWIN CITIES, MN PERMIT NO. 90155
Hundreds of alumni graced Mondale Hall with their presence and returned to the Twin Cities this year for a variety of all-alumni events as well as individual reunions for those classes celebrating milestone anniversaries. This year’s lineup included such popular programs as the student and alumni networking event, a CLE session entitled “The Vanishing Day in Court: Procedural Reform and Access to Justice,” a Guthrie Theater outing to see Harvey, and an alumni and faculty luncheon. Thanks to all who attended for being part of this great Law School tradition!
PHOTOGRAPHS FROM THE WEEKEND ARE AVAILABLE ONLINE AT COMMUNITY.LAW.UMN.EDU/SAW.