Dayton Lawyer - Spring 2009

DAYTON LAWYER

U n i v e r s i t y o f D a y t o n S c h o o l o f LA W • S P RIN G 2 0 0 9

Unknown attacker, virtual means,

real danger

also in this issue: dayton’s standard-setting innovations in legal education

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2 News & Notes Applying the techniques of speed dating yields practical feedback and a useful network. … Summer bar exam sees best Dayton results in a decade. … In memoriam: longtime alumna Mary Brennan Payne ’30 and longtime friend Roger Makley.

19 Roundtable A graduate lands a job near “nowhere,” and an engineering family produces a lawyer, too.

Features 8 Capping it off In capstone courses, students learn by doing.

10 State of the School Legal education is changing. And the University of Dayton School of Law is a leader in that world of change.

14 Cyberthreats The means may be virtual, the attacker unknown. But the danger is real.

The Dayton Lawyer is published twice each school year by the University of Dayton School of Law in cooperation with the office of University communications. What do you think?

Send feedback, letters to the editor and alumni updates to: Dayton Lawyer University of Dayton 300 College Park Dayton, OH 45469-2963 Fax: 937-229-3063 E-mail: lawyer@udayton.edu Editor: Thomas M. Columbus

columbus@udayton.edu Art director: Lisa Coffey Photographer: Larry Burgess Cover: Illustration by MB Hopkins

To celebrate and serve: Three Kings Day (the Epiphany or the 12th day of Christmas) is marked in Hispanic cultures by

gift giving. This year on Jan. 6 Carmen Rodriguez, second-year UDSL student, celebrated with the Ruiz and Galvan families, bringing gifts from UDSL students, faculty and staff.

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Dayton shows way for two-year programs Starting in May 2009, Northwestern University School of Law, ranked ninth in the country by U.S. News & World Report, will offer an accelerated two-year J.D. program. PreLaw magazine quoted Northwestern’s law school dean, David Van Zandt, as saying, “Dayton showed us it could be done.”

In its story on Northwestern’s program, Time magazine quoted Dayton’s Dean Lisa Kloppenberg, “This is not for everybody. It’s very intense.”

Not exactly progress “People have been using easy credit as substitute for decent wages,” Barbara Ehrenreich told those gathered in the Keller Hall’s Heck Courtroom on the morning of Nov. 13 as she fielded questions on the causes of the economic meltdown. She noted that her comments had the benefit of hindsight.

But she also questioned, before it became popular with pundits, the attempt to stimulate the economy by just giving money to banks and not to “the people who are really hurting.”

The journalist, historian and social critic has not come lately to the subject of wages; her 2001 bestseller Nickel and Dimed had the subtitle: “On (Not) Getting by in America.” Her current work — This Land Is Their Land — also looks at America’s economically polarized society.

The previous evening Ehrenreich was the featured speaker at the Legal Aid Society of Western Ohio’s Access to Justice Awards Dinner, sponsored in part by UD’s Distinguished Speakers Series.

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A state-of-the-art nice place

“‘There is no more state-of-the-art law school than the University of Dayton School of Law,’ say its students. UDSL is home to a notable program in intellectual property law, and its ‘smaller class sizes’ provide students with lots of ‘one-on-one interaction’ with ‘engaging, passionate’ professors.”

So reports The Princeton Review in reviewing student comments in its list of best law schools, which includes the University of Dayton School of Law. Students also reported a certain fondness for Keller Hall, calling it an “‘architectural jewel’ that boasts ‘open areas, natural light, and large windows’ as well as ‘a huge library and high-tech classrooms,’ making it a nice place to be ‘trapped 10 hours a day.’”

‘A nice place to be “trapped 10 hours a day.” ’

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“In my Comparative Con Law course I have about 20 students from Poland and 16 from other parts of Europe … Portugal, Austria, Hungary, Slovakia, Germany, UK, France, Finland and four from the Republic of Georgia … who arrived from what they call ‘our horrible August.’ … They’re interested in all sorts of things that only a Con Law professor could love — supremacy of federal law, sovereignty and national identity, and … our Electoral College system.” — From Fran Conte, who is in Warsaw on a Fulbright grant

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March 20 Law, Religion

and Ethics Symposium ­— “The Fallout from the Bailout: The Impact of the 2008 Bailout on Lending Regulation, Securities Regulation, and Business Ethics” sponsored by Porter Wright Morris & Arthur LLP and the Project for Law and Business Ethics

May 15-16 Alumni

Weekend 2009 ­— Friday, May 15 — Alumni Awards Luncheon, noon, Schuster Center • Dayton Dragons Baseball Game, 7 p.m., Fifth Third Field Saturday, May 16 — Alumni CLE, 9 a.m.-noon • Community Service Day Project • All Class Reception, 5:30 p.m. East Lawn Keller Hall • Dinner, 7 p.m., Keller Hall Atrium • Silent Auction, 5:30 p.m. through dinner

June 12 19th Annual Program

in Law and Technology Seminar: “Significant Developments in Computer and Cyberspace Law” For additional event information, click on Upcoming Events at http.law.udayton.edu/newsevents

At the 2008 Bench and Bar Breakfast recognizing donors to the United Way of the Greater Dayton Area are Steve Herbert, Dean Lisa Kloppenberg, Allen Elijah and Robert Curry. Herbert, of Coolidge Wall, is a volunteer United Way fundraiser. Elijah, who received a management degree from UD in 1975, is interim president and CEO of the Dayton United Way. Curry, of Thompson Hine, chairs the local United Way campaign and serves on the School of Law Advisory Council.

Summer bar exam results best of decade Results of the July 2008 bar exam were released Oct. 31; 92 percent of UD graduates taking the test for the first time passed. That tied UD with the University of Akron for the second best pass rate in the state, behind Capital University’s 94 percent. Among all test-takers, UD tied the University of Akron and Ohio State University for first place with an 87 percent pass rate.

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Challenging times.

The Marianist founders brought God’s light to the impoverished, war-ravaged and suffering in the turbulence of the French Revolution. Blessed Father Chaminade emphasized that we must be responsive to the needs of our times. How well are we responding to the needs of our times at the University of Dayton School of Law? Today, prospective students worry about the cost of legal education; current students worry about the job market; and many in our community have been hit by financial downturn.

In response, we must plan for a bright future by monitoring expenses, maintaining high expectations for productivity and reaching out to those whose gifts can support students. We recommit to each student’s success, providing each with a stellar education and outstanding support. We build the future through our faculty’s scholarship and our exceptional graduates.

This issue features Susan Brenner’s cybersecurity expertise and UD’s leading role in reforming law school curricula. Both articles demonstrate our drive to respond to the needs of employers, clients and our profession. Similarly, we are hosting one of the first legal symposia on the economic crisis, The Fallout from the Bailouts on March 20 (Click on Upcoming Events at http://law.udayton.edu/newsevents).

Let us remember to be grateful and celebrate good news: our outstanding bar exam results for the Class of 2008; continued employment success; the inspiring accomplishments of many alumni; and our students’ flourishing pro bono work.

In these challenging times, let’s extend a hand to those in need as we forge ahead together, with hope, patience, hard work and faith.

God bless,

Lisa A. Kloppenberg Dean and Professor of Law

Gary Marchant, Lincoln Professor of Emerging Technologies at the Sandra Day O’Connor College of Law at Arizona State The comparative size of a nanometer University, spoke on “Transnational Models for Regulation of Nanotechnology” to a meter is the same as that of a as part of the Symposia Series. Marchant marble to the size of the earth’ is a former editor of the Harvard Journal — from the brochure for UDSL’s Program in Law and of Law & Technology and the Harvard Technology’s Scholarly Symposia Series held this past fall.

Environmental Law Review. The student Intellectual Property Law Society — now with 70 members — helped organize the event.

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The Mexican celebration of the Day of the Dead combines pre-Hispanic traditions and beliefs with the Catholic feasts of All Saints Day and All Souls Day. This past November the Hispanic Law Students Association sponsored in the Keller Hall atrium a Day of Dead altar commemorating the deceased with a display including symbols of earth, wind, water and fire.

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Maureen Anderson organized the 59th Annual Ohio Regional Association of Law Libraries conference, held in Dayton in October 2008. She is also the 2008-09 president of the organization.

The Vanderbilt Journal of Entertainment and Technology Law is publishing Susan Brenner’s article “Fantasy Crime: The Role of Criminal Law in Virtual Worlds,” which analyzes activity in virtual worlds that would constitute a crime if it were committed in the real world.

Eric Chaffee during the fall term made three presentations: “Standing Under Section 10(b) and Rule 10b-5: The Continued Validity of the Forced Seller Exception to the Purchaser-Seller Requirement,” Center for Business Law & Regulation Colloquium, Case Western Reserve University School of Law (Oct. 31, 2008); “Standing Under Section 10(b) and Rule 10b-5: The Continued Validity of the Forced Seller Exception to the Purchaser-Seller Requirement,” Central States Law Schools Association Conference, Southern Illinois University Law School (Oct. 25, 2008); and “Metaethics, Neuroscience, and Behavioral Economics: Ethical Intuitionism and Legal Compliance in the Business World,” Colloquium, Case Western 4

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Reserve University School of Law (Oct. 17, 2008). Also, the University of Pennsylvania Journal of Business Law has accepted his article “Standing Under Section 10(b) and Rule 10b-5: The Continued Validity of the Forced Seller Exception to the PurchaserSeller Requirement.”

Jeannette Cox, currently at the University of Notre Dame as a visiting professor, presented on “Law, Disability, and the Human Person” in January 2009 in San Diego at the Annual Conference of Christian Legal Thought. Cox’s article “‘Corrective’ Surgery and the Americans with Disabilities Act” has been accepted by the San Diego Law Review.

Ken Germain chaired the 18th Annual All Ohio Institute on Intellectual Property, in Cincinnati on Sept. 10, 2008, and in Cleveland on Sept. 11, 2008. Germain is founder of the institute.

LexisNexis has published revised additions to Ohio Criminal Practice and Procedure and the Ohio Manual of Criminal Complaints and Indictments, both by Tom Hagel.

Matthew Bender has published Hagel’s revisions to volumes 15 through 18 of Ohio Forms of Pleading and Practice.

Sam Han has joined the faculty to teach patent law and intellectual property law.

Han’s J.D. is from Georgia State University. Before law school, he earned a Ph.D. in biomedical engineering from Worcester Polytechnic Institute. He worked at law firms in Atlanta and as litigation counsel for Furukawa Electric North America.

Monique Lampke spoke Oct. 16 at the meeting of the Columbus Intellectual Property Law Association.

The article “Built-in Obsolescence: The Coming End to the Abortion Debate” by Vernellia Randall and her son, Tshaka Randall, a law professor at Florida A&M University, has been accepted by the Suffolk Journal of Health and Biomedical Law. “The ‘Spiritual Temperature’ of Contemporary Popular Music” by Tracy Reilly has been accepted by the Vanderbilt Journal of Entertainment and Technology Law. The article provides reasons both the direct legal regulation and indirect social regulation of popular music genres will ultimately result in a phenomenon that is unacceptable to the well-settled “marketplace of ideas” approach to First Amendment jurisprudence. Also, in February, Reilly is giving a continuing legal education presentation to the Cincinnati Intellectual Property Law Association.

Friendly for Mormons Mormonlawyers.com lists the University of Dayton School of Law among the 11 most Mormonfriendly law schools. The site is the handiwork of UDSL student Clint Dunaway, who earned his undergraduate degree at Brigham Young University.

1L to 2L Last spring Kevin Lacey wasn’t sure he would return to law school. “I was on the fence after the first year,” he said.“It’s almost like being immersed in a new language, and it took me a little longer to pick up on things.”

But, prompted by a brochure that professor Kevin Lacey Tracy Reilly had circulated in class, he applied, was accepted and

‘The experience helped solidify the decision to finish my law degree.’ received a scholarship to the summer 2008 Legal Studies Institute. During the 10-week, Washington D.C.-based program, Lacey interned at a law firm and took a one-week, two-credit seminar in constitutional law.

“The experience in D.C.,” he said, “helped solidify the decision to finish my law degree.”

During the summer, Lacey also ran into UD 3L Perry Reynolds at an event of the national Federalist Society for Law and Public Policy Studies. Lacey became vice president of the reactivated student organization and persuaded one of the Legal Studies Institute’s seminar speakers — Roger Pilon of the Cato Institute — to visit UD this past fall as speaker at a Federalist Society event.

Speed interviewing possible future employers

Speed dating may not be romantic, but it does provide for an efficient use of time. So much so that its match-making techniques are now being used by the future lawyers studying at the University of Dayton School of Law. That application had its genesis during a site visit that professor Monique Lampke was conducting with an attorney who served as a field supervisor for an extern. The attorney mentioned he could tell “within five minutes” whether someone was a good fit for his office. Lampke then decided to try a novel, interactive approach to assist the students in her externship course develop interview and communication skills through a round of practice interviews.

Lampke recruited more than 20 legal professionals — including partners in local law firms, assistant prosecuting attorneys in Warren and Greene counties, and a NASA intellectual property attorney. To the class they attended came the students dressed professionally, with résumés in hand.

They had just seven minutes to impress each potential employer.

“The experience allowed me to have a short conversation with seven practicing attorneys, and each interview exposed me to a different practice of law,” said student Jenna Dahman. “Within the hour, I spoke with a public defender, an in-house attorney, an intellectual property patent litigator, a prosecutor, a firm employment attorney, a Legal Aid attorney and a criminal defense lawyer.”

At the end of seven minutes, Interviewers written the professionals each gave two comments indicated they minutes of oral feedback to the liked students’ abilities to: students. Then, while the stu• tie in work experience dent shifted stations, the profes• be well-prepared sionals spent one minute filling • exhibit excellent oral communication skills out an anonymous rating sheet • be candid and honest for the student they had just interviewed, assessing him or her • demonstrate passion for a type of work on the ability to thoughtfully re• give thoughtful answers spond to questions, professional • show how they would be enthusiastic advocates appearance, knowledge of legal • show passion for public service issues, ability to ask meaningful • offer great reasons for pursuing the law questions, and preparation.

• give well-thought-out answers that didn’t appear Part of the students’ prepara rehearsed tion was to research the inter• appear genuine about wanting meaningful work viewers and their offices and to craft a “sound bite” to deliver at the interview to explain their practical experience and legal knowledge.

“I was able to pick up on some bad habits I had during interviews, and the feedback I received helped me realize what my selling points were,” said student Megan Davenport. “It also gave me good practice in answering the difficult questions that occur in many interviews.”

Though the interviews were intended to be purely instructional, Lampke let the professional volunteers know they were free to keep students’ résumés and follow up as they saw fit. And, she said she saw, at the end of the 90-minute exercise, many students leave with the volunteers’ business cards.

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A few of our favorite things Keller Hall

A list of “100 things we love about UD” published in the University of Dayton Quarterly last summer was the most popular feature that publication ever did. This year will be the UD School of Law’s 35th anniversary of reopening; so it’s time to collect 35 things we love about the UD School of Law. A sample of the Universitywide list can be found by going to UDQuickly (http://udquickly. udayton.edu) and on the left side clicking on “100+ Favorite Things.”

Send your suggestions for the UDSL favorites list to lawyer@udayton.edu.

Two-year degree option Zimmerman Law Library

In memoriam Roger Makley

Dayton attorney and longtime friend of the University of Dayton School of Law, died Sept.12. A former U.S. attorney and magistrate judge for the Southern District of Ohio, Makley was in 1993 named an honorary UDSL alumnus. In 1998, the school awarded him a Doctor of Laws, honoris causa, for his outstanding professional leadership, exemplary public service, respect for human dignity in every relationship, and dedicated service to the University.

Makley served the school as advisory council president, chair of the Keller Hall campaign, adjunct professor and benefactor. Nationally, he received fame for representing baseball player Pete Rose.

He also served as president of the Legal Aid Society of Dayton and the Dayton and federal bar associations.

“On a personal level,” said Dean Lisa 6

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Kloppenberg, “Roger was devoted to his family and proud of his children and grandchildren. He was an ardent Democrat with working-class roots who never forgot the downtrodden. He was a man of great wit and irreverence. He was an exceptional storyteller. He was incredibly bright without ever being overbearing or boring.

We at UD and in Dayton have been honored to learn, lead and serve with Roger Makley.”

Mary Brennan Payne ’30

died on Dec. 10. She had been the oldest living graduate of the School of Law and the University of Dayton, having been one of the first three women to graduate from the Mary Brennan Payne’s UDSL School of Law. graduation photo.

Her brother Charles Brennan ’29 was already attending the school when she told him of her intention

to enroll. He replied that he didn’t think the school would accept a woman. She countered, “They’ll accept me.” They did.

Her law school notes are on permanent display in the Zimmerman Law Library. She took them in shorthand, then went back to the law office where she worked and transcribed them.

After graduation, she passed the bar, ranking in the top quarter of the state.

Having postponed marriage because of the hard work of law school, she married Robert Payne in 1930. With five children and few legal career opportunities for women (added to Depression and World War II), she did not practice law full time. She did, however, engage in pro bono work, particularly for women abandoned by their spouses.

The award of the school’s Women’s Caucus is named for Mary Brennan Payne.

Where does the bailout fit into your PRACTICE?

From studying science to learning law

After graduating in 2004 from the University of Dayton with a degree in biology, Megan Thomas went to Disney World. She studied aquatic animals there.

She also worked as a research assistant on breast cancer research at the University of Cincinnati.

Talking with UD intellectual property law professors and discovering she enjoyed how lawyers deal with analytic reasoning occasioned a career shift. She hopes to practice intellectual property law or real property law after graduating in 2009.

Her shift from science to law is part of a national trend. Statistics of the Law School Admission Council indicate that from 1996 to 2006 the number of science, technology and engineering students applying to law schools increased 6.3 percent. UD School of Law statistics from 1999 to 2007 indicate a similar shift. And during that span the number of entering students interested in UDSL’s Program in Law and Technology jumped by a third.

Aziz Ahmad, a biology major as an undergraduate, followed the intellectual property track at UD before graduating in 2006 and received UD’s first LL.M. degree in intellectual property law in 2008. He notes that “doctors apply the science that researchers develop, but by pursuing a law degree I felt I could make even more of an impact. I recognized there is a communication gap between researchers and implementers. I realized that patent law was a way I could work directly with the researchers to protect their research, and then work with lawmakers to help them understand the science so they can make the best decisions.”

This bailout is unprecedented. Unravel the causes and consequences. We’ll explore how the current crisis impacts lending and securities regulation and business ethics, as well as how this massive policy change could affect your business.

Join Harvey Pitt (former chair of the SEC) at the University of Dayton School of Law’s symposium, “The Fallout from the Bailout: The Impact of the 2008 Bailout on Lending Regulation, Securities Regulation and Business Ethics.”

Panel Discussions: n The 2008 Bailout: Economic Necessity or Government Folly? n Rethinking Lending Regulation in a Post-Bailout Financial Environment n Revamping Securities Regulation to Avoid Future Economic Crisis

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Business Ethics and Corporate Responsibility After the 2008 Bailout

Sponsored by Porter Wright Morris & Arthur LLP Program in Law, Religion & Ethics and the University of Dayton School of Law Project for Law & Business Ethics

Fallout from the Bailout

School of Law

Friday, March 20 / 8:30 a.m.-4:30 p.m. / $25 Keller Hall / CLE Credit: 6 hours (approval pending) RSVP by March 13 to Kim Bertke: 937-229-3325 or bertkeka@notes.udayton.edu SPRING 2009

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w a l e h t f f o e g c n n i e p i r p e a C ol exp o h sc

lls i k s l ica t c a e r c p a f e d o t vi n o r o p o s es ts ion n t n o a e t g s d i tu lit s Cap x e w l a acke for l comp Dunek ke

By Mi

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Remember your first meeting with a client? Maybe your first request from a senior partner? For years, law schools have failed to prepare their students for the actual art of law practice. Sure, some graduates receive training and guidance through clinics — and do a lot of quality work there for people that need the help — but there has been a practice gap across the nation for years.

The University of Dayton is changing that. Through the implementation of a clinic or capstone requirement for every student, the University of Dayton School of Law is preparing our new lawyers to hit the bar running.

Long-time UD law professor, Richard Saphire, has taught different capstones over the course of the past three years, and he’s an advocate.

“The capstone is an opportunity to take substantive principles and doctrines, procedural principles and doctrines, and actually use them to help clients solve a problem,” says Saphire.

Saphire teaches the complex civil litigation capstone course with Paul Moke, professor of criminal justice / political studies at Wilmington College. Together they’ve taught a complex civil litigation capstone featuring a voting rights case questioning the use of allegedly inferior voting equipment in one county; and they have conducted a capstone in civil liberties litigation which focused on representing the mother of an inmate killed in state prison by the prison guards. Saphire and Moke modeled the courses on cases they were involved with as ACLU attorneys.

“If our students go out into practice and they’re involved in litigation at an early stage, they will have experienced it before, and they’ll have a confidence and sense of direction that a lot of other young lawyers won’t have,” Saphire says, “That’s truly the goal for this course.”

It’s a goal that is working. Rather than staying trapped in the traditional course flood of facts, issues, rules and holdings, capstones provide UD law students the opportunity to cultivate their own approaches to legal work and experience it firsthand.

UD students also get a glimpse of what lawyers actually do — complex litigation.

Saphire ventures that the vast majority of law graduates nationwide are not getting this experience at their schools. And many practicing attorneys will tell you experience of complex litigation is something new graduates desperately need.

“Most of the courses you take in law school are survey courses; you don’t have a chance to dig deep,” Saphire says.

“Clinics are wonderful, but often those cases are not very complex or sophisticated, and the seminar gives you no practical experience.”

“Three years ago, the law school adopted its new curriculum. One change was the incorporation of the capstone courses,” says Saphire. “The idea is to provide a synthesis of one or more courses students would’ve been expected to take up until their third year of law school and to incorporate not just the substantive law, but lots of the skills components and what we call problem solving approaches and techniques that we bring together into the capstone courses.”

It wasn’t an easy journey. Saphire notes that Dean Lisa Kloppenberg had to make a powerful pitch to the faculty, fighting tradition and, at times, territorial claims. Saphire was reluctant to give up courses he had taught for years and invest considerable time and effort to develop new capstones.

“Dean Kloppenberg had the vision and leadership to see the handwriting on the wall of how legal education is changing, and she saw an opportunity of being on the front end of this change,“ Saphire says.

And this change is making an immedi-

ate impact. Jeff Blick ’08 was a student in the tort litigation capstone. After his first case, he wrote describing the experience of dealing with his first case.

In his own words, “I’m telling you, if I hadn’t have taken tort litigation capstone, it wouldn’t have been so natural. It (my case) was actually a lot easier and less complex than the medical malpractice case in the capstone. I felt like I knew what to do, and I did it; the only reason I could feel that way is because we (covered) most of these things in the tort litigation capstone.”

Our students aren’t the only ones benefitting by the success of the capstone courses.

“The capstone is challenging, interesting and enjoyable to teach,” Saphire says.

“What Paul and I do is ask our students the kinds of questions junior litigating attorneys would ask themselves: ‘Okay, so you’ve read this. How does this advance your understanding in respect to the recommendation you’re going to have to make to the senior partners (played by Dayton area attorneys) in the law firm about whether or not to take this case?”

“This prompts a very different conversation than often heard in a law school class. We’re in no sense spoon feeding these students. We’re catalysts. We get them focused.”

According to Saphire, that focus culminates in oral arguments in front of a sitting federal judge. And he has been consistently impressed with the job the

‘ The capstone is an opportunity to take substantive and procedural principles and doctrines, and use them to help clients solve a problem.’

Left: Mark Nichols, a third-year UDSL student, externing with the Montgomery County Public Defender’s Office, consults with a client.

students have done.

“Teaching a course like this is hard. It’s hard on the professor and it’s hard on the students. The quantity of work students must undertake is significant, and students must take considerable initiative in conducting research and investigation.

“However, the capstone is also more interesting and more rewarding for the students and the professors. Seeing students actually realize that all the hard work pays off at the end of the day is fantastic. You often don’t get that when you’re teaching standard courses.” n SPRING 2009

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The State of Legal Education at the University of Dayton

To think like a lawyer& to act like one The University of Dayton

School of Law is setting the standard for legal education

by Thomas M. Columbus

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In 1870, Christopher Columbus Langdell, upon becoming dean of Harvard Law School, tried something new that was in essence something really old — the Socratic method. A large crowd gathered to watch his initial efforts at this radical departure from traditional teaching methods.

That was followed by three years of declining enrollments.

Considering that Socrates was forced to commit suicide by drinking hemlock, Langdell’s early students may have thought their professor got off easy.

But time was kind to both Socrates and Langdell. Many over the centuries came to Socrates’ conclusion that the unexamined

life is not worth living. Results came sooner for Langdell as Dayton as being in the forefront of bringing the pieces together. employers noticed that Harvard graduates were well prepared to “The University of Dayton School of Law’s curriculum is be lawyers. setting the standard for positive innovations in legal education,” As the 20th century came to a close, the preparation of he says. “Its focus on using experiential learning to help students lawyers was the object of study of the Carnegie Foundation develop problem-solving skills is precisely what we call for in Best for the Advancement of Teaching, which resulted in a report, Practices for Legal Education. Dayton’s efforts to provide integrated, Educating Lawyers: Preparation for the Profession of Law. Working progressive instruction in professional knowledge, skills and with Carnegie on implementing the recommendations of that values should make it easier for its graduates to practice law report are a small group of law schools. One is Harvard. Another effectively and responsibly.” is the University of Dayton.

What Stuckey calls “integrated, progressive instruction in In the late 19th century, according to the Carnegie report, professional knowledge, skills and values” is embodied in the Harvard brought together two strands of legal education, “the curriculum that the University of Dayton School of Law calls the historic community of practitioners” and the modern research Lawyer as Problem Solver. university. That evolved into a system of legal education that “When law students explain why they chose to study law,” included a set of core courses on fundamental legal concepts, says Lisa Kloppenberg, dean of the University of Dayton School of concentration then on particular areas of Law, “they invariably law and the development of legal skills. speak about Today, “the challenge for legal helping someone.” education,” according to the Carnegie Law schools are report, is “linking the interests of challenged to keep legal educators with the needs of legal that passion alive practitioners and with the public the throughout the profession is pledged to serve — in other students’ law school words, fostering what can be called civic professionalism.”

An argument can be made that the strengths of traditional legal education have also been its weakness. Students receive rigorous exposure to the Socratic method and to intense analysis of case studies of appellate decisions. They learn how to generalize, to assess facts and draw generalizations from them and to apply specified rules and procedures. They learn to think like lawyers. And this is necessary, for a lawyer who cannot think, who cannot use reason to reach conclusions based upon the law, does not deserve to practice law.

But there is more to practicing law than using the patterns of thinking developed in law school.

As the Carnegie report says, “legal education typically pays relatively little attention to direct training in professional practice. The result is to prolong and reinforce the habits of thinking like a student rather than an apprentice practitioner, conveying the impression that lawyers are more Heather Mullins-Ownes, a third-year UDSL student, greets a client. like competitive scholars than attorneys engaged with the problems of clients.”

The report also claims that “law schools fail to complement years, to engage their minds and to educate them to become, in the focus on skill in legal analyses with effective support for Kloppenberg’s words “outstanding counselors to their clients and developing ethical and social skills.” respected leaders in their communities.”

Law schools have made some progress toward alleviating UD’s attempt to achieve that, the Lawyer as Problem Solver these shortcomings, but, according to the Carnegie report, it curriculum, was first offered to students entering in fall 2005. It has been piecemeal. Much of what schools can and should do is contains five elements: presented in a 2007 book, Best Practices for Legal Education by Roy 1. core required courses for a foundation in fundamental legal Stuckey and others, published by the Clinical Legal Education concepts; Association. Stuckey, distinguished professor emeritus of law at 2. subject-matter tracks in which students build on that the University of South Carolina School of Law, has come to see foundation;

Photo by John Consoli

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Law schools are challenged to educate (students) to become counselors to their clients and respected leaders ... UD’s attempt to achieve that, the Lawyer as Problem Solver curriculum.

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3. skills integrated throughout the curriculum and including a required externship, a small-enrollment capstone or clinical course, and an introductory dispute resolution course; 4. one-unit, intensive intra-session courses from a number of topics to broaden a student’s education; and 5. an accelerated option allowing students to finish in five or six semesters, with the choice — for those starting in May — of finishing in two calendar years.

Of the three areas cited by Stuckey (professional knowledge, skills and value), law schools have traditionally succeeded best at instruction in the first, professional knowledge. Critics see that schools have had some success at skills instruction

“Lawyers serve the people and organizations they represent,” Kloppenberg says, “through a blend of practical and intellectual activities, with their minds and hearts. Effective lawyers need to understand people and organizations to handle the human aspects of resolving legal problems.”

One purpose of the Lawyer as Problem Solver curriculum is, she says, “to address the gulf between practicing lawyers

‘The University of Dayton School of Law’s curriculum is setting the standard for positive innovations in legal education, its focus on using experiential learning to help students develop problem-solving skills is precisely what we call for in Best Practices for Legal Education.’

— Roy Stuckey, co-author of Best Practices for Legal Education

Jose Cabrera, a third-year law student, is serving an externship with the Dayton firm Behnke, Martin & Shulte. The required externship gives students a real-world experience.

though schools are evolving more highly integrated ways of developing skills. Education for values is often just an add-on.

The Lawyer as Problem Solver curriculum seeks to build upon success in providing education for professional knowledge, to make Dayton a leader in skills development and to use the University’s Catholic, Marianist tradition to integrate values and service into legal education.

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and legal education. We seek to prepare our students better for practice without sacrificing a broad foundation in analytical thinking and doctrinal coverage. This is not an easy tension to navigate.”

For an institution that wishes, however, to prepare individuals to practice law, it is a tension that must be navigated.

“Why send out law students to practice on their first clients?” asks professor Dennis Turner, the only full-time faculty member who has served at the UD School of Law since it reopened in 1974.

Dayton’s new curriculum builds on a tradition of experiential learning at the UD School of Law. The dean points with pride, for example, to the school’s “outstanding and nationally respected Legal Profession Program, which teaches legal research, critical thinking and writing skills, while emphasizing the ethical responsibilities of lawyers.”

The required externship gives students the opportunity to serve a real-world apprenticeship while still in school. During one semester of the final year, each student devotes to the externship approximately 15 hours a week and spends 24 hours in a seminar class aimed at preparing students for their field work and reflecting on issues arising in it. Placements are in a variety of settings — with corporations and government as well as in the offices of prosecutors, public defenders, judges and private law firms.

According to professor Monique Lampke, an externship supervisor, the externships fulfill the four educational objectives of Stuckey’s Best Practices for Legal Education. “First,” she says, “required externships assist students in adjusting to their roles as professionals.” Under supervision, they are exposed to the real-world practice of law and given “low-risk learning opportunities in which to observe different styles of advocacy, skills, approaches and solutions.”

Second, she says, the externships develop the students’ capabilities to solve problems by “giving them a solid grounding in various areas of substantive law, practical application of legal theories to cases and clients” as well as in ethical and social issues.

Third, the students develop interpersonal and professional skills.

Fourth, they learn from their experience, making use of journals, classroom discussion and interaction with their faculty supervisors and supervising attorneys.

Although the experience is relatively low risk, a guest this past term to professor Denise Platfoot Lacey’s externship class made clear how real it is. Ohio Supreme Court Justice Terrence O’Donnell told the students: “Professionalism isn’t just for the time you spend in this building. Professionalism is 24/7. Why is that? It’s because people in society now recognize you as law students. As externs, you have moved into society. … You can’t just do it for the time and then have a weekend away. Your responsibility is to be a lawyer all the time.”

To be lawyers, students must develop the skills of lawyers.

Before they graduate, Dayton law students are now expected to reach “the level of competence expected of a first-year associate,” says Turner, speaking of his current passion, the one-credit Skills Experience intra-session, which is based upon the medical school model of skills development. UD is now, Turner believes, “the only law school in the country that requires students to pass a skills test.” Students must demonstrate research and writing skills and go through simulated sessions taking depositions, counseling clients and negotiating with attorneys. Practicing attorneys view the DVDs and rule on whether students are performing at the level of a first-year associate. If students do not meet that standard, they repeat the process until they do.

Turner — who in his years at UD has served as assistant dean, acting dean, director of the Law Clinic, director of the Legal Profession Program, chair of the admissions committee, and adviser for both the Mock Trial teams and the Moot Court Board — has also pioneered the use of actors in legal education.

Largely drawn from community theater, the actors can make the simulations seem very real, sometimes so much so, Turner says, that the students “lose touch that it’s a simulation” as in the case where students could not bring themselves to tell grieving parents (even though actors) that they did not have case in the accident that killed their (hypothetical) child. More often, the staged interchanges have more mundane though practical applications. For example, it’s not good form, legal or otherwise, when talking to a married couple to address only the husband.

A lawyer talking to a client is not just setting about to solve a problem related to statutes, rules and procedures; the lawyer is setting about solving what the client may perceive, no matter how simple the legal problem, as a complex mess. Thus, the University of Dayton’s ongoing emphasis of dealing with the “whole person” provides useful tradition for an attempt to integrate the various facets — knowledge, skills and values — of legal education.

The Marianist tradition of educating the whole person, Kloppenberg says, “encourages hands-on learning because students often learn best when their minds and hearts are engaged. For law students at Dayton, a whole-person approach entails externships for every law student, a required clinical or capstone course [See Pages 8-9], a robust pro bono Commitment to Community program and reflection on the role of the lawyer

in his or her community.”

The role of lawyer in society permeates the curriculum. A number of courses integrate clinical and service opportunities.

Ethical issues play roles in far more courses than the required Professional Responsibility course. Intra-sessions cover topics such as bankruptcy law, law and the homeless and end-of-life issues.

The changes in legal education in regard to the role of the lawyer in society flow from changes in the profession itself.

According to professor Tom Hagel, who has taught at Dayton for more than a quarter of a century, law, like other professions whose members receive some sort of license allowing them to practice, enjoys a monopoly on providing certain services. A century or so ago, the legal profession, he says, believed that it owed something back to society because of this monopoly. But that belief was eroded, he says, by “a loss of professionalism, by too many lawyers seeing law as just a business, feeling if they gave something away, they were losing money.”

Pointing to an increasing emphasis on service — in institutions ranging from the local bar to the American Bar Association, from the Carnegie Foundation to the University of Dayton — Hagel sees “a reawakening in the belief that there is a moral duty” for lawyers to voluntarily serve their communities.

And, he says, doing so himself has “made me a better lawyer and a better person.” His service has included work with Head Start, with a shelter for runaways and, most recently, with the Montgomery County Veterans Service Commission, of which he is president. Each county in Ohio has such a commission, which helps veterans and their families with emergency financial assistance and counseling. Recently Hagel applied his legal skills to negotiating a long-term lease for the commission’s offices.

Particularly for young lawyers, Hagel admits, there is a “tension between paying off your debts and helping others.

“But you can do well and do good. As a lawyer, you can make a living at something you enjoy and know at the end of the day you did something that made a difference in people’s lives. You can use your skills to make the world a better place, one person at a time.”

Knowledge. Skills. Values.

These are bases of UD’s Lawyer as Problem Solver.

In many ways, achieving what is sought through this curriculum is occasioning major changes. “Our reforms,” Kloppenberg says, “go to questions at the very heart of legal education — questions on which educators hold principled differences of opinion. These differences must be respected. What is the right mix of doctrinal and skills instruction? What methods are appropriate to deliver this education? What is the most effective sequence of courses? What qualities are needed in faculty teaching various types of courses?”

Some of the answers may be unexpected.

Some may raise new questions.

But that is only appropriate at a place that sees the lawyer as problem solver.

At first, they thought it was the Russians.

invisible enemy, the old

Cyberwar rules and strategies crumble

By Susan Brenner Illustration by MB Hopkins

t

Against an

Who else could or would have launched such an attack? On April 26, 2007, began a sustained, huge digital attack on the country of Estonia. Within three days, a flood of data shut down the Estonian Parliament’s e-mail server. In early May, data traffic to Estonian servers increased to thousands of times its normal flow. A site that usually received 1,000 hits a day was being bombarded with 2,000 hits a second.

Down went government sites, including that of the president.

The attack did not spare civilian targets: newspapers, television stations, phone systems, schools, businesses and other financial institutions. The nation’s largest bank shut down. To maintain some internal Internet service, authorities blocked most access to Estonian sites by people outside the country; Estonians traveling abroad lost access to their e-mail and bank accounts.

Estonian authorities at first believed the attack must have come from Russia, not only because of enmity between the two countries but also because of the enormity of the attacks. The attacks were of such magnitude, how could they have been carried out by mere civilians? Only a state, it seemed, could have been responsible for the attacks.

Unfortunately, that is no longer true. Civilians can wage cyberwarfare, and civilians can be their targets. And attacks on states can come from a “place” where geography is irrelevant; they can come from cyberspace.

The attacks on Estonia took the form of what is known as a Distributed Denial of Service. In a DDoS attack, attackers use a network of compromised computers — known as “zombies” — to send massive bursts of data to overwhelm Web sites and servers that are the targets of the attack. Zombies are computers that have been captured by “bots” — software that infiltrates a computer. The owners of computers recruited into bot networks, or “botnets,” usually have no idea of their computers’ moonlight zombie work.

Since bot programs give attackers remote control of compromised computers, zombies can be anywhere. Not only is geography irrelevant, so is size. Botnets can be enormous transnational armies of slave computers. A little over a decade ago, an average botnet had only a few hundred computers. By 2005, the average rose to 1,000. The following year the average rose to 20,000, with the median size being 45,000.

An estimate of the number of zombie computers used in the Estonian attacks is 1 million. Some experts predict botnets of SPRING 2009

15

many millions of computers; other experts say that is already reality. One even estimates that 25 percent of the world’s networked computers could be zombies.

Because of this increasing size and botnets’ dispersed command structure, law enforcement officers have difficulty finding and nullifying these armies of slave computers and their masters. Botnets have evolved into massive, amorphous, moving targets that exist transiently in the unbounded regions of cyber-

‘ In the real, physical world, war is like professional football: Only designated players participate. In the cyberworld civilians are likely to be prime players and targets. ’ space — as the Estonians learned to their frustration.

Security experts agree that Estonia — a country so technologically savvy that it likes to call itself E-stonia — did an excellent job of dealing with the attacks. It also was lucky. Estonia’s defenders were able to react as effectively as they did not only because of their unusually sophisticated expertise but also because their attackers recklessly put their plans for the attacks online.

That those plans were posted on Russian-language sites lent some early credence to the belief that Russia was responsible. As time passed, however, the possibility and then the likelihood 16

D AY T O N L AW Y E R

emerged that the attacks were not from a country but were criminal activity.

What was never ambiguous was that the country of Estonia was attacked, repeatedly and maliciously. What was, and remains, ambiguous is what kind of attack it was and who was responsible. The two issues — the nature of the attack and the identity of the attackers — are related.

To understand why, let us consider the possibilities. The first

Susan Brenner is the author of Cyberthreats: The Emerging Fault Lines of the Nation-States (2009), from which this essay is adapted, and Law in an Era of Smart Technology (2007), both published by Oxford University Press.

set of possibilities goes to the nature of the attack and encompasses three alternatives: cyberwarfare, cybercrime or cyberterrorism.

Warfare in that physical, tangible environment called the “real world” consists of a military conflict between two nationstates. So too does cyberwarfare, which exists in the “virtual” world of cyberspace, a world no less real though far more elusive. At a minimum, therefore, for the attacks on Estonia to constitute cyberwarfare, they would have to have been launched by another country, such as Russia, which ultimately proved to be blameless.

Cybercrime, like its real-world counterpart, consists of private citizens’ intentionally engaging in activity that threatens a

into our world because cyberspace is not a true externality.

Cyberspace lets the worst of everyplace leak out into anyplace.

The concepts and strategies we use to maintain order in the physical world are all based on the concept of “place,” of geographical territory. Our notions of security are enclave notions; we control chaos by limiting its ability to manifest itself in a particular area. Our world is made up of a patchwork of enclaves in which chaos is being controlled more or less successfully.

We have complicated rules and strategies for controlling chaos within and among these enclaves.

Cyberspace presents us with what is, in essence, a fourth (or maybe fifth) dimension — a behavioral dimension rather than a spatial dimension. Cyberspace is not “real” in any tangible sense, but as with the Estonian attacks, it can have very real effects. But because cyberspace is not a “real,” tangible place, it is not subject to the terrestrial rules and strategies we use to control chaos within and among our physical enclaves.

The individuals responsible for cyberspace attacks are located in physical enclaves and so can be subject to those rules and strategies. But those individuals can be subject to our rules and strategies only if we can identify them and find them.

Our terrestrial rules and strategies are not effective for conduct vectored through cyberspace.

Our system breaks down when neither the nature of the activity nor the identity of those responsible is apparent.

Not only do we not know whom to target with our reactive efforts, we do not know what kind of reaction is appropriate.

The Estonian authorities believed they were engaged in cyberwarfare with Russia, but their belief did not rise to the level of certainty that would have warranted an offensive counterattack with real-world weapons. Their belief was, apparently, erroneous. But what if it had not been? What if Russia had really been engaging in cyberwarfare against Estonia? What if (hypothetically) the attacks were the first of a series of cyberwarfare assaults

by Russia? Uncertain whether it is, in fact, at war, Estonia passively tries to fend off the never-ending, increasingly sophisticated attacks until its economy and society are so weakened they collapse, at which point Russia kindly offers to send troops to stabilize the situation.

That scenario may seem absurd, but it probably is not.

Countries are preparing for cyberwarfare, and it appears cyberwarfare will look nothing like its real-world counterpart.

Real-world warfare is overt and destructive; cyberwarfare will be subtle and erosive. China, for example, has already articulated plans for cyberwarfare that involve using civilians and civilian entities in attacking foreign corporate and financial institutions.

In the real, physical world, warfare is like professional football: Only the designated players participate. In the cyberworld, warfare will be much more catholic; civilians are likely to be prime players and prime targets.

That creates at least the potential for conflating war, crime and terrorism. Crime and terrorism are civil — civilian-on-civilian affairs — while war is the exclusive province of the military.

Armies, which are often composed of erstwhile civilians, fight wars; “pure” civilians do not. Civilians are, of course, caught up in warfare, but we have developed an elaborate set of rules t

Photo by John Consoli

society’s ability to maintain internal order. Therefore, for the attacks to constitute cybercrime, they would have to have been launched by individuals who were pursuing criminal goals, such as enriching themselves through theft or extortion. There was never, however, any evidence that the attacks were undertaken for the purpose of theft, extortion or any of the motives typical of mere criminals.

The attackers seemed bent on destruction for destruction’s sake, and that brings us to the third and final possibility — cyberterrorism.

Empirically, terrorism is often indistinguishable from criminal activity because, like criminals, terrorists cause death and injury to people and damage to property; the distinction between the two consequently lies not in the conduct involved or the result achieved, but in the motivations for the conduct and its result. Terrorists act to promote ideological principles, not to enrich or otherwise benefit themselves as individuals. The fact that the Estonian attacks apparently sought destruction and disruption for their own sake inferentially supports the conclusion they were cyberterrorism. Terrorists, however, usually take responsibility for their actions. But no one ever attributed political motivations to the Estonian attacks.

Where does this leave us? It leaves us with the new reality of a wired world. Estonia will never know who was responsible for the attacks or why they were launched.

In the physical world, when a country is at war, it knows it is at war and, most likely, with whom. When Germany invaded Poland in 1939, Poland knew it was at war with Germany; when the Japanese bombed Pearl Harbor in 1941, the United States knew it was at war with Japan.

Activity in the physical world is visible. Armies invading and planes bombing translate into war, the responsibility for which is usually also apparent. Murder, theft and rape — crimes generally reveal themselves as what they are upon commission though their authorship may remain obscure for a time.

The same is true for terrorism: When two planes flew into the World Trade Center, it was immediately apparent this was terrorism, not war, not crime and not accident. Nation-states do not use commercial airliners to wage war, and criminals do not engage in destruction for the sake of destruction. Once the nature of an attack is clear, the focus shifts to identifying those responsible through a combination of inference and crediting the initial claims of responsibility.

None of this is true is cyberspace.

This undeniable reality is a matter of great import for all of us — for private citizens and governments alike — because it undermines the conceptual, legal and practical strategies we rely on to defeat chaos and maintain order within and among our societies. We have not eliminated chaos in the real, physical world, but we have learned how to keep it under enough control that it does not threaten the fabric of our lives.

Cyberspace changes that. The tactics we use to control chaos in the real, physical world are generally ineffective in the cyberworld. If chaos evolving in the cyberworld stayed in that virtual environment, we would be little concerned. But what happens in the cyberworld does not stay in the cyberworld. It migrates

SPRING 2009

17

‘ We can think about this as a challenge and an opportunity. But we have to think about it. ’

for how “noncombatants” are to be treated; we refer to unavoidable harms to civilians as “collateral damage” because it is a byproduct of the purely military effort.

In cyberwarfare, there may be no room for noncombatants. If civilians are legitimate targets in cyberwarfare, then how can a country tell whether it is dealing with war, crime or terrorism? The distinctions are of profound importance in and a professional police force deal with crime and terrorism the world in which we currently live because they determine that it is difficult for us to imagine anything different. What we … everything. They determine who will respond to an attack have seems “right” — inevitable. and how they will respond. We do not, for example, use nuclear And so it may be. But since what we have is clearly not devices or other military weapons against bank robbers or terror- enough for the world we are beginning to confront, we need to ists. In the United States, our law bars the military from particithink about what we can do differently to make that world as pating in civilian law enforcement; we have an absolute, unbsafe as possible for us and for those who come after us. reachable partition between civil and military threat response strategies. And we, like every other functioning country, have a Susan Brenner is the author of Cyberthreats: The Emerging carefully calibrated hierarchy of threats and an equally carefully Fault Lines of the Nation-States, published this year by Oxford calibrated hierarchy of threat responses for the real world.

University Press.

Because it is becoming increasingly apparent that these The book, from which this essay is adapted, elaborates how the threat-and-response hierarchies are not effective against principles and strategies that have been developed for real-world cyberthreats, we must develop a new approach for cyberthreats. threats are not effective for cyberthreats. As Brenner tells her classes, We must devise principles and strategies that are effective in this “Law enforcement can’t keep up. As for the military taking over new threat environment. enforcement, there’s no way anyone — including the military — Logically, the cyberthreat strategies can either supplement wants that. We can think about this as a challenge and an opportuour real-world threat-and-response hierarchies or replace them. nity. But we have to think about it.”

If we decide cyberthreats are merely a new and distinct category Brenner is the NCR Distinguished Professor of Law and Technolof threats — an analogue of crime, war and terror — then the ogy at the University of Dayton School of Law. approach we devise will be additive; that is, it will supplement the principles and strategies we employ for these traditional, real-world threats.

If, on the other hand, we decide Don’t panic … yet that cyberthreats are not a distinct In one of the later chapters of the book, I analyze “cyb3rchaos,” a term I use for the potential category of threats but are, instead, disruption attributable to new, elusive threats emerging from cyberspace. When I discuss this potential evolving variations of the three disruption, I by no means intend to suggest that we are on the brink of a complete social and cultural traditional threat categories, then we will either need to upgrade our meltdown. As far as I can tell, the Cyber-Vandals are not at the gate and we are not the Roman Empire current discrete threat-and-response in the early fifth century A.D. hierarchies with new, expanded But meltdown is not the only hazard that evolved civilizations face; contumacious, erosive threats versions or implement, instead, can ultimately prove to be, if not equally devastating, devastating enough to present cause for concern. an entirely new, holistic approach The British Empire, after all, never fell; it declined to a shadow of what it had been. to controlling chaos offline and In 2004, the Federal Bureau of Investigation estimated that cybercrime cost U.S. citizens about online. $400 billion, and in July 2007 FBI Director Robert Mueller said he believes only about one-third of The law-abiding, stable societies cybercrime in the U.S. is actually reported to the FBI. I have heard cybercrime cost estimates that most of us enjoy are the product of are much, much higher than the figure cited for 2004; and as everyone involved with cybercrime centuries of struggle against chaos. knows, it has dramatically increased in the last four years and will continue to increase unless and until Some of the methods we employ to governments begin to create realistic disincentives for cybercriminals. deal with chaos are ancient; others, I also believe, based on reliable anecdotal evidence, that the reporting rate for cybercrime in the such as professional policing, are United States, anyway, is much less than Director Mueller estimates. relatively new. All, however, are —Susan Brenner well-rooted in history, tradition and NCR Distinguished Professor of Law and Technology culture; we are so accustomed to University of Dayton School of Law having the military deal with war 18

D AY T O N L AW Y E R

R O U N D T A B L E

Career and family, deep roots

It’s not your typical childhood dream, perhaps, but Bob Earp knew as a boy he wanted to be a patent attorney.

Earp comes from a family of engineers, and “it was kind of always understood” he, too, would study engineering.

Along the way, someone also got him thinking about law school, and, he said, around the fourth or fifth grade a teacher told him, “If you’re an engineer and a lawyer, you’re a patent attorney. And I said, ‘Well, there you go, then that’s what I’ll do.’ … It’s a great field.”

Earp chairs the intellectual property group at McDonald Hopkins LLC in Cleveland. He did indeed study engineering as an undergrad (UD ’93), getting the technical background to become a patent attorney. His practice includes automotive work, as well electronic toys and some other national consumer products. For example, he did the patent work for trailer hitches and hitch accessories sold by Reese, Draw-Tite and Hidden Hitch. “It’s pretty fun to walk into a store and see something that you’ve patented,” Earp said.

McDonald Hopkins has more than 130 attorneys in five cities, and Earp has seen the firm hire at least three other UD law grads. Each has been a clear thinker, a good engineer and a hard worker, he said. “You really can’t ask for much more than that.”

His own UD roots run deep. His wife’s a UD grad, as are both his parents, a grandfather, three uncles and multiple cousins. Brother Frank Ruhlman, S.M., longtime UD library administrator, was his grandfather’s cousin and “family scuttlebutt” had it another cousin was the late Father Raymond Roesch, S.M., UD president.

Earp, who traces genealogy, hasn’t found such a connection. But he believes he is related to famed lawman Wyatt Earp. Their families came from the same county in England.

“I know we’re commonly related,” he said. “Earp is not Smith.”

—Vince McKelvey

Robert H. Earp lll ’96

’80s

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’90s

wjfq; slkasd.,ad. Ljhsd askjhsk djhasdkasd lkshdowe qwo kj kajhsoi alisoiu daosih asonf asdaoidu w;qqw oisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. pisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. Ljhsd askjhsk djhasdkasd lkshdowe qwo kj k ajhsoi alisoiu daosih asonf asdaoidu w;qlajlkj asiua slkna fslijsaf ,ka sfqw oisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad.

pisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. Ljhsd askjhsk djhasdkasd lkshdowe qwo kj kajhsoi alisoiu daosih asonf asdaoidu w;qqw oisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. lijlkjansc lkjasisd asldk

pisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad.

Ljhsd askjhsk djhasdkasd lkshdowe qwo kj kajhsoi alisoiu daosih asonf asdaoidu w;qqw os;kas;oxlcaxknc lkklacn lkasc lijlkjansc lkjasisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe

s dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw

r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad.pisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf SPRING 2009

19

R O U N D T A B L E

Nowhere is nice

Nowhere is definitely somewhere for Erica Caudill — somewhere very special, in fact.

“I just love it here,” Caudill said from her home in Ketchikan, Alaska. “It’s just beautiful.”

Ketchikan, of course, was to anchor one side of the recently celebrated “Bridge to Nowhere” that would have provided automobile access to Ketchikan’s airport on sparsely populated Gravina Island.

Caudill moved to Ketchikan in August under a one-year contract to clerk for the Alaska Superior Court.

And while it sometimes feels like “a continuation of law school” — researching issues for the judge, checking case citations, making recommendations — it suits her just fine. She sought a clerkship because she hadn’t decided which area of law to pursue and knew clerking would give her a broad experience.

“I really like it, and part of it is … there’s a lot of community in Ketchikan,” she said.

Caudill first fell in love with Alaska while visiting in 2004. Then, the summer before her third year of law school, she landed an internship with the public defender’s office in Ketchikan. Under a temporary permit, she was able to fully represent clients, carrying her own caseload and appearing in court. “When I moved back to Ohio, I knew my heart was still in Alaska,” she said.

Caudill, in fact, is one of two ’08 UD law grads in Alaska.

The other, Sarah Sipe DeMoss, also a superior court clerk, is working north of the Arctic Circle. Caudill, a Cleveland area native, is not sure what she’ll do after next August. For now, she’s happy where she is. The scenery is breathtaking, the work rewarding.

“It’s just a great experience,” she said, “and I get to live in Alaska.”

—Vince McKelvey

Erica Caudill ’08

qkwjfq; slkasd.,ad. Ljhsd askjhsk djhasdkasd lkshdowe qwo kj kajhsoi alisoiu daosih asonf asdaoidu w;qqw oisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. pisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. Ljhsd askjhsk djhasdkasd 20

D AY T O N L AW Y E R

lkshdowe qwo kj kajhsoi alisoiu daosih asonf asdaoidu w;liasflkj pouwe;lkdspqppiq qqw oisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. pisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad. Ljhsd askjhsk djhasdkasd lkshdowe qwo kj kajhsoi alisoiu daosih

asonf asdaoidu w;qqw oisd asldks dlasfn asljas dsd aslf asllaskdn salsjrytiwrt wpian sroqerpqwie qwpisanfaslfiuqwpeqw radfiafqe r;kwje,wqknd pfoqjf qkwjfq; slkasd.,ad.practice areas include asset-based lending and securitization and real estate transactions, development and finance. John lives in Casselbury, Fla.

’00s

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Today Jack Proud chairs the University of Dayton board of trustees, and Debbie Proud serves on the boards of other nonprofit organizations.

In 1970, the young married couple graduated from the University of Dayton.

A lot happened in between.

Debbie had a brief career as a high school teacher, leaving to raise their family and to become a community volunteer. Jack entered the business world, eventually rising to become a corporation president. He retired early then went to law school, graduating from the University of Dayton School of Law in 2004. He now specializes in business and estate law with Porter Wright Morris & Arthur in Dayton.

‘UD. There is nothing like it.’

Planning for the twists and turns of life’s path can be complex. Planning a gift can be a much simpler matter.

“The concept of planned giving,” Jack says, “offers flexibility to shape something that works for you and your family.

Planned giving is a great tool to use in tough economic times. It’s an easy way to ensure that what UD offers continues long into the future.”

And as Debbie notes: “UD. There is nothing like it.”

Dean’s Fund Excellence for

For more information about planned giving opportunities, contact Regis Lekan or Suzanne Kronke Rohlfs in the office of planned giving (937-229-2920 or gift@udayton.edu) or contact Deborah Adler, director of development for the School of Law (937-229-4764 or adlercdj@notes.udayton.edu).

Photo by John Consoli

“ The University of Dayton School of Law’s curriculum is setting the standard for innovation in legal education. Its focus for positive innovations in legal education. Its focus on using experiential learning to help students develop problem-solving skills is precisely what we call for in Best Practices for Legal Education.” — Roy Stuckey, co-author of Best Practices for Legal Education. See story on Page 10.

University of Dayton 300 College Park Dayton, OH 45469-2961

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