UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW • FALL 2024
A MESSAGE FROM THE DEAN
Greetings!
I’m delighted to share with you the 2024 issue of USF Lawyer magazine, the first of my deanship. Although I joined this wonderful community only in the beginning of July, it already feels very much like home. You can learn more about me and my journey to USF Law on page 18.
In this issue, we celebrate the recent judicial appointments of seven distinguished alumni (page 12). While each of the new judges has a unique background, they share the passion for justice and public service that we nurture at USF Law, along with a willingness to mentor fellow alumni interested in careers in the judiciary.
While our law school has long been known for sending grads to the bench, today our alumni are pioneering a new legal frontier. Inspired by the work of USF’s new Center for Law, Tech, and Social Good, on page 22, we feature a roundtable discussion with expert alumni and faculty who are navigating the fast-paced world of AI and the law. They offer valuable insights (and optimism!) about this ever-changing legal landscape.
Every beginning is also an ending. I want to close by sharing my deep gratitude to my predecessor, Susan Freiwald, for her transformative years of service to the law school. She has left us with a strong foundation on which to build, and I plan to take advantage of her wise counsel once she returns to the faculty after a well-deserved sabbatical.
While you’ll see photos of me throughout the magazine, I hope to have a chance to meet many of you in person over the coming weeks and months. In the meantime, please reach out with your ideas, suggestions, and questions.
Wishing you happy reading,
Johanna Kalb Dean and Professor of Law
PAUL J. FITZGERALD, S.J. University President
EILEEN CHIA-CHING FUNG Provost and Vice President of Academic Affairs
JOHANNA KALB Dean and Professor of Law
AMY FLYNN Associate Dean for Academic Affairs
STEPHANIE CARLOS Assistant Dean for Student Affairs
BILL ONG HING Associate Dean for Faculty Scholarship
ANNA TAIT Director of Development
SHELLI FYFE Editor
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12
“ I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES UPON WHICH I AM ABOUT TO ENTER” Meet seven of USF’s most recent judicial appointees.
READY FOR THE NEXT WAVE
New USF Law dean navigates the seas of life and career..
A roundtable discussion about how artificial intelligence is pushing the boundaries of the law. 18 22
ON THE COVER: USF Law Dean Johanna Kalb
STANDING AT THE NEXT LEGAL FRONTIER
• 2024
DEPARTMENTS
2 IN BRIEF
Courageous Conscience (Moot) Courtroom Champions Kad Smith ‘25 is One to Watch Juggling Law and Baseball
9 FACULTY FOCUS Revolutionizing Legal Ed With Mindfulness To Be Continued …
26 ALUMNI NEWS Class Notes Navigating Name, Image, Likeness: Mit Winter ‘05 Listen. Learn. Pivot.
32 CLOSING ARGUMENT
As the Income Gap Widens, the California Dream Slips Farther Away By Barbara Kautz ’03
IN BRIEF
From Theory to Practice
Together with Professor Lindsay M. Harris, four law students spent their spring break at the Kakuma Refugee Camp in Kenya, learning about life in confinement.
“Kakuma is an unimaginably harsh environment for almost 300,000 people to live in: extreme heat, arid climate, and total lack of infrastructure like roads, hospitals, and waste management systems,” Grace Wainscoat ’25 said. “These conditions alone create myriad human rights issues, but the addition of often arbitrary and illegal restrictions on movement, preventing people from leaving the camp, feels akin to a desert prison in a way I could not understand without being there.”
The students conducted 40 interviews with refugees from Sudan, South Sudan, Somalia, Ethiopia, Democratic Republic of the Congo, Rwanda, and Burundi—whose rights to health, education, work, and free expression are limited because they are restricted from moving outside the camp. USF’s Frank C. Newman International Human Rights Law Clinic partnered with Elimisha Kakuma, a program that provides higher education to high school graduates in the refugee camp.
“Student-clinicians got to truly cross the bridge from theory to practice,” said Professor Harris, director of the International Human Rights Law Clinic. “They engaged in intensive interviews, often under challenging circumstances, within the camp with a cross-section of camp residents. They got to witness firsthand the realities of living in a protracted refugee situation.”
The students also learned what it means to navigate the delicate power dynamics among local, national, and global stakeholders, Harris and Wainscoat said.
“Our recent travel to Kakuma Refugee Camp cemented my commitment to human rights lawyering and building transformational partnerships with human rights advocates,” Wainscoat said.
The Kakuma Refugee Camp has existed since the early 1990s. It was originally a refuge for the “Lost Boys of Sudan,” 20,000 boys of the Nuer and Dinka ethnic groups who were displaced or orphaned during the second Sudanese civil war.
After a week of interviews, the students sought input from the Kakuma community and are now working on developing “one pagers.” These information sheets provide facts about movement passes within Kenya and about documents that permit refugees to travel outside of Kenya. They are also drafting a report of their findings to present to the U.N. High Commission on Refugees and to the Kenyan Department of Refugee Services.
Raniele Reyes ’25 said USF’s motto, Change the World From Here, has been ingrained in his legal education.
“At times, I was convinced that ‘from here’ wasn’t until after graduation,” Reyes said. “However, our team has the opportunity to do just that. With the stories our team has gathered, it is our goal that we begin the work, alongside community-based organizations, to advocate for the rights of those living in Kakuma Refugee Camp and, in turn, change the world from here.” ■
(Moot) Courtroom Champions
Professor of Legal Writing and Co-Director of the Moot Court Program Monalisa Vu ‘01 says competing as part of an advocacy competition team is “all the good things about law school in one program. On the one hand, you have the academics, and on the other hand, you also have the genuine relationships.”
This year, a USF Law advocacy competition team took first place at the Western Regional Division of the Saul Lefkowitz Moot Court Competition. The International Trademark Association hosts the competition, and this year’s case problem involved a trademark infringement dispute between two fictional candy companies.
The winning USF team, comprising Brad Bergman ’25, Samara Salaheddine ‘25, Ben Libbey ‘24, and Lauren Silva ‘24, was invited to compete at the National Finals in Washington, D.C.
The win was especially meaningful for Silva and Libbey, who competed as teammates the previous year but hadn’t won.
“I looked at Ben [Libbey], and I was like, oh my god, we did it,” Silva recalls. “It was a really great moment that I will remember forever.”
Moot Court Board coach Gray Goodman ‘24 credits the team’s efforts, an accumulation of over 200 hours of practice, research, and preparation, including meetings four times a week, for their success.
This is also the first winning team to emerge since Associate Dean Amy Flynn ‘04 implemented a new curriculum, adding Advanced Moot Court and Team Advocacy workshops.
Courageous Conscience
The team claims that this curriculum, in addition to the support they received from intellectual property and trademark law Professor Thomas A. Onda and alumni coaches Meghan Killian ‘15 and Calla Yee ‘15 (former Saul Lefkowitz Western Regional Moot Court Competition winners themselves), made all the difference.
“I think throughout the years, USF has been very good at prepping teams for oral arguments. It’s definitely one of the strengths of the program,” Libbey said. “That focus on not just the competitive part, but also the skill building and educational part of the coursework is really valuable.”
Vu says the students’ hard work has in turn elevated the quality of the program at USF. “They were so supportive and were there for each other the entire way,” she says. “Watching that part of it gives me hope for the profession … it’s not about winning or losing, or being against one another, but getting to the right outcome, and I saw them do that. And it was beautiful.” ■
LINDBERGH PORTER ‘81 DELIVERS COMMENCEMENT ADDRESS
The Class of 2024 celebrated its graduation in a memorable ceremony at St. Ignatius Church on Friday, May 17. Lindbergh Porter ‘81, senior shareholder emeritus at Littler, received an honorary degree and delivered the commencement address. Rosibeth Cuevas ‘24, chosen by her peers, served as the student speaker for the event.
Raised in a small Mississippi town attending segregated schools, Porter and his future wife, Mary, both received scholarships to attend the University of Illinois. Porter graduated USF Law in 1981 and has since earned numerous accolades in his distinguished career as a labor and employment litigator. Dividing his time between San Francisco and Mississippi, Porter is currently dedicated to a voting rights initiative in Mississippi and Georgia.
During his address, Porter urged graduates to “reach for a higher calling in moral responsibility and courageous conscience,” even when professional responsibility does not obligate them to act. He further emphasized the crucial role lawyers play in society, particularly in upholding the integrity of the political process and “safeguarding the democratic experiment that is the United States.”
Rosibeth Cuevas, representing the Class of 2024, reflected on her transformative journey through law school. She expressed her pride and gratitude, encouraging her fellow graduates to view each obstacle along their path as an opportunity. “Every challenge is a step toward blooming into the fullest expression of your potential.” ■
ONE TO WATCH: KAD SMITH ’ 25
Soon-to-be “Double Don” Kad Smith, BA ’13, JD ’25, traces his early passion for law, in part, back to watching a special on Johnny Cochran with his grandmother. Raised in Berkeley, Smith is now turning that childhood dream into reality as a dynamic student leader at USF Law. He has been active in numerous student organizations and programs, including serving as a Student Bar Association rep, a criminal law and civil procedure tutor, an Advanced Moot Court case counsel, and participating in the Intensive Advocacy Program. Smith’s dedication and excellence have earned him multiple awards and scholarships, including the Crim Law CALI Award, the Agnes O’Brien Smith Scholarship, the Paul W. Vapnek ’64 Ethics Scholarship, and a California ChangeLawyers Scholarship.
Despite a demanding law school schedule, Smith remains deeply connected to his community. He serves on Berkeley’s Reparations Task Force and is working with the Berkeley Unified School District and the school board on a reparations plan aimed at addressing the legacy of chattel slavery. For these achievements and more, Smith is our 2024 One to Watch.
Who or what most influenced your path to law school?
From the criminal justice system to family law, employment issues, and even dealing with landlords, I’ve witnessed so many people I love and respect be impacted by these systems. I saw that a lack of legal literacy and proximity to legal resources exacerbated already unfortunate circumstances in their lives. Moreover, the moment my son was born was when I truly committed to going to law school. Looking into his eyes, and seeing how beautiful he was, I realized how much I wanted him to respect the man I am and the man I hope to be.
What has been one of your most memorable experiences so far at USF?
Hands down the jury trial I did in the Intensive Advocacy Program (IAP). I felt like I had found my groove. It felt good having several real judges on the bench, along with members of the jury, confirm that feeling. I loved everything about IAP. Shout-outs to Doris Cheng and Elinor Leary.
Which class has challenged you the most?
Conceptually, I think it would have to be Property. There is just so much to cover and so many intricacies to be mindful of when doing substantial analysis. In terms of challenging me the most in a way that got me thinking most critically, definitely Con Law. Professor Julie Nice might be the most thought-provoking professor I have ever had.
What was the highlight of your work with one or more student organizations?
I have to give the nod to Street Law. Bringing back a program that had been off-campus for a number of years felt like a major win for the USF Law community. Also, I still have family living on the margins. Even I sometimes feel one bad week away from being back on the margins. So I think working with an organization that understands the importance of legal education for people living close to or on the margins, in several shapes and forms, has been tremendously rewarding.
What advice would you give new law students?
Have fun with the time. Law school is a tremendous stretch of our lives where we get to experience personal and professional growth. I think students should be encouraged to enjoy the growth process, instead of just stressing over it. ■
PRESS CLIPPINGS
“It’s broader and says that the President has the power through a proclamation to restrict the entry of people who are coming to the United States, in the opinion of the President, who are detrimental to the interest of the United States.”
Professor Bill Ong Hing told NPR, discussing Section 212(f) of the Immigration and Nationality Act.
“ I t doesn’t matter if OpenAI used any of Scarlett Johansson’s actual voice samples. She still has a viable right of publicity case here.”
Professor Tiffany Li on OpenAI’s legal risks involving ChatGPT voice.
“ It’s like saying a ouija board or an astrological chart is an investigative tool.”
Professor Richard Leo , an expert in police interrogation methods, told the San Francisco Chronicle about the use of Computer Voice Stress Analyzer (CVSA) by law enforcement to detect deception.
“ E mployers should pay attention to the Supreme Court’s new decision in Muldrow v. City of St. Louis, which lowers the bar for employees to prove harm in Title VII discrimination claims.”
Professor Michelle Travis in an article she wrote for Forbes.
“ I have never, in all the cases I have handled, seen the adversarial process do anything other than cause the young people it is supposed to help more pain.”
Professor Lara Bazelon in a SLATE piece she authored on the deficiencies of the process colleges use to handle allegations of sexual assault.
“This
is a case of technology moving faster than the law.”
Visiting Professor Michele Neitz told Bloomberg Law on the SEC’s action against Richard Heart, founder of Hex and PulseChain.
A $1 Million Gift for the Racial Justice Clinic
USF’s Racial Justice Clinic (RJC) was awarded a one million dollar gift from the Crankstart Foundation to expand its California Racial Justice Act (RJA) enforcement efforts.
Founded in 2016, the RJC’s projects span a wide range of impact areas from investigating wrongful conviction claims in partnership with the San Francisco District Attorney’s Innocence Commission to representing youthful and elderly offenders seeking parole or resentencing to representing college students in disciplinary proceedings.
Crankstart’s gift provides the clinic with the support to represent incarcerated people with RJA claims, collect data, investigate racial disparities, and serve as a clearinghouse for RJA claims statewide by ensuring that requests for help are reviewed and referred to the appropriate organization.
RJC’s director, Professor Lara Bazelon, applied for the funds in collaboration with grassroots organizations and USF partners
Juggling Law and Baseball
Joe Soberon is a second-year student in the School of Law and a starting pitcher for the Division I Dons baseball team — at the same time. How?
“It’s busy, but it’s doable,” Soberon said. “My coaches make sure I don’t miss too many classes when we go on the road, and some of my professors have moved tests and moot court dates to work with the baseball schedule. Everyone here has been accommodating. For the most part, I just fight whatever fire is burning hottest.”
As a sociology major at UC San Diego, Soberon played baseball in his second and third years there but not in his first year, when he had surgery to repair a partial UCL (ulnar collateral ligament) tear in his elbow. “I couldn’t play my first year, so I loaded up on classes,” he said. He graduated in three years.
At the end of his final year at UC San
Diego, Soberon entered the transfer portal and then applied to USF School of Law. “I wanted to come home and play baseball where my parents and other family could watch me,” he said. He was born and raised in Concord.
Ella Baker Center for Human Rights and Silicon Valley De-Bug.
“This funding will make all the difference,” said Professor Bazelon. “It allows our zealous staff attorneys and law students to do the work necessary to get justice for clients whose cases were infected with racial bias, some of whom are on death row or serving life sentences without the possibility of parole. We are profoundly grateful to the Crankstart Foundation and to our community partners.”
Crankstart Founder Michael Moritz said, “California enacted the Racial Justice Act to remove racial bias and discrimination from our criminal justice system, but it’s just a paper promise without effective implementation. Crankstart is eagerly supporting USF’s efforts to implement this landmark legislation to ensure that Californians are not sentenced or incarcerated based on their race, ethnicity, or national origin.” ■
During baseball season, he spends about 20 hours a week on baseball and more than 30 hours a week on law school. And Soberon said that while baseball and law are separate pursuits, at USF they mesh.
“At law school orientation, they had us meditate each day, and they told us three things: ‘Make sure you’re being physically active. Do something that brings you joy. Make sure you have a life outside of law school.’ I was like, OK, I get all three of those things just from being a part of my baseball team.”
Last season, Soberon struck out 67 batters in 78.2 innings pitched. In the classroom, he’s aiming toward sports law.
“I started out interested in environmental law, criminal law, big law, but I’ve decided to stay in the sports world for as long as I can — as a player now and as a lawyer in the future. So that means sports law, whether that’s being an agent or working in-house with a team or working in the sports department of a private firm.” ■
#USFLAW
Stay connected with USF School of Law on social media. Tag your posts to share your #USFLaw moments!
MAY 2024
An unforgettable evening celebrating our talented graduates and honoring our stellar student and faculty award winners at last night’s Graduates Reception! Congrats to all the award winners, including Prof. Jonathan Chu (John Adler Distinguished Professor Award), and Prof. Frank Lindh (Hon. Ira A. Brown Adjunct Faculty Award) —your hard work shines brightly!
FEBRUARY 2024
“It’s easy to come up with a goal but hard to implement the habits.” Personal injury and employment law practitioner, alumnus Brandon Banks ‘16, guest lectured during a recent Seven Habits of Highly Successful Lawyers class. Banks discussed the importance of effectively setting goals as well as knowing when to make adjustments and pivot.
@usflaw
@usflaw /usflaw
JUNE 2024
Exciting news! USF’s newly renamed Center for Law, Tech, and Social Good has an expanded mission: To pioneer the integration of legal education with emerging technologies, focusing on the advancement of social good. Led by founder and #USFLaw Professor Michele Neitz, the Center uses innovative education, rigorous research, and collaborative projects to tackle the legal challenges presented by the digital era.
DECEMBER 2023
Alumna and co-director of USF’s Academic Support Program (ASP), Prof. Carol Wilson ‘88, received a Special Recognition Award from the Charles Houston Bar Association (CHBA) for her efforts through USF’s ASP to increase the pipeline of Black lawyers and judges. Fellow alumna and adjunct professor, Judge Kandis Westmore ‘97, presented Prof. Wilson with her award.
Practicing Excellence With Empathy: “Nobody Is as Bad as Their Worst Action”
A FATHER AND HIS SON’S DISTINCTIVE EDUCATION IN THE CRIMINAL AND JUVENILE JUSTICE CLINIC
“The Criminal & Juvenile Justice Clinic at the University of San Francisco School of Law is about getting students comfortable with the uncomfortable,” says Professor Erin M. O’Donnell ’00, Assistant Director and Supervising Attorney (and alum of the law school and clinic). The Criminal & Juvenile Justice Clinic provides students with what can often feel uncomfortable: live cases, direct client relationships, profound insight into social inequity, and experience on the courtroom floor — an unusual opportunity for law students in today’s academic training system. Professor O’Donnell beams as she says, “I love seeing students get the bug at the clinic.” And the clinic has a history of infecting students with that “bug,” exemplified by clinic alumnus, criminal defense attorney Gary Goodman ’88, and his son, Gray Goodman ’24, a USF Law student-clinician before his graduation this May.
Gary Goodman, an established public defender in the Santa Clara Public Defender’s Office since 1990, credits the USF Criminal Justice Clinic for passing the bar, gaining his confidence, and fueling his passion for criminal defense. As a student-clinician in the late 80s, Gary caught “the bug.”
Typically, lawyers only get their first real courtroom experience after they pass the bar and start practicing law. Gary notes that in the clinic, “We represented real clients in real, meaningful situations. I learned where to stand. You can always tell new lawyers in the courtroom because they haven’t learned where to stand.”
Gary shares how the clinic emphasized the importance of both trial advocacy skills and rigorous respect for clients. “As a student, I was taught that this work is not about me. We put our clients at the center. The clinic demanded that we contextualize
the lived experience of the people we represented.” In his decades as a public defender, Gary has practiced with the same empathy demanded of him as a studentclinician. “I could have become any kind of lawyer,” says Gary, “but as a student-clinician I found my voice in criminal defense. I learned that nobody is as bad as their worst action.” He adds, “This work is not about me. It’s about understanding our clients and putting them at the forefront.”
Gray, Gary’s son, grew up watching his father in and around court. Led by his father’s example, Gray enrolled in USF’s Criminal & Juvenile Justice Clinic, some 40 years later. Last semester, the clinic sent Gray to a crime scene. His father praises the clinic’s demand for both empathy and rigorous research. As Gary says, “Sending students to the scene is good mentorship. You have to see how your clients live before you can represent them. It’s really smart. You get the real picture outside of the courtroom before you represent them inside the courtroom.”
“Student-clinicians learn to speak the language of the courtroom,” says O’Donnell. The language of the courtroom is the ability to speak empathetically with the client and professionally with the judge and jury. Often, it takes years of practice before young lawyers learn to translate between the two. Gray, she says, is compassionate, dynamic, and bright, and while all lawyers should have these attributes, criminal defense work requires a higher standard that he meets. When asked if his father guided him to USF and the clinic, Gray says, “Not exactly — my father didn’t tell me what to do. Instead, he guided me by his principles: Work your absolute hardest, and remember that nobody is as bad as their worst action.” ■
FACULTY FOCUS
Revolutionizing Legal Ed With Mindfulness:
PROF. RHONDA MAGEE RETIRES
In 1998, Rhonda Magee left corporate law practice in Chicago to teach at USF School of Law. In the course of her teaching career with USF, she has served as a Dean’s Circle Research Scholar, co-directed the university’s Center for Teaching Excellence, and collaborated on the Ignatian Faculty Forum faculty development program. Throughout the years, she has taught Torts, Race, Law and Policy, Insurance Law, and Immigration Law and Policy. In 2019 she published The Hidden Work of Racial Justice: Healing Ourselves and Transforming Our Communities Through Mindfulness and three years later, she founded the School of Law’s Center for Contemplative Law & Ethics. After more than 25 years at USF, Magee has retired.
“Mindfulness is a higher level of skill for lawyers”
Magee found her mindfulness practice as an adult and soon realized that her grandmother had demonstrated the same skills when she was young. “My grandmother was tending to her own need for a centering foundation through prayer and quiet that could hold her complex realities.” What was fundamental to her grandmother became fundamental to Magee personally and professionally.
In her first years with USF, Magee taught from the standard course casebooks on race and the law. Starting in 2004, “I put the casebooks I had been using aside and created my own materials — cases, articles, etc. And I brought mindfulness into the classes.”
She received positive feedback.
work and ethical dimensions of each. Magee always reminded her students, “We as lawyers have the ever-present possibility that although we seek to be a vehicle for positive change, we can actually find ourselves colluding with patterns of oppression. It’s a risk that we are responsible for paying attention to.” Mindfulness teaches students to pay attention and develop their own ethical professional identity.
“Rhonda’s leadership and innovative teaching continually demonstrate the need for inner work as a step toward the outer work of advocacy and change.”
— Associate Dean Amy Flynn ’04
“Mindfulness is a higher level of skill for lawyers. At minimum, mindfulness teaches us to learn beyond cognitive skills by developing better social and emotional intelligence. It teaches us to respond rather than react.” The skills also give law students sturdy support when they are prone to developing “cynicism creep” about the systemic injustices inherently studied in class. Teaching mindfulness as a skill became a foundational part of the curriculum.
The Inner and Outer Work
Over the years, Magee further evolved courses to incorporate ways of addressing both professional identity development and multicultural lawyering in unique and innovative ways by underscoring the inner
Paired with an inner work approach to teaching, Magee developed a fresh outward approach to her classes: contextual law. Contextual law puts the study of law into a social-political context. A contextconcerned approach provides students with the stories of those most affected by a law. With a contextual lens, Magee says, “We seek to disrupt the old patterns of who wins and who loses in the application of law. Contextual law is really the key to law that has the look and feel of actual justice as opposed to power availing itself.… Justice just feels different.”
Associate Dean for Academic Affairs Amy Flynn ‘04 adds, “Rhonda’s leadership and innovative teaching continually demonstrate the need for inner work as a step toward the outer work of advocacy and change.”
As she reflects on her legacy at USF, Magee expects “that the School of Law will continue to support cutting-edge teaching and learning about the legacies of our shared multicultural histories and how they impact law and policy today. If we can continue to center on ethics and the cultivation of an ethical-professional identity with this inner dimension to it, I’ll be proud, I’ll feel like there is a little bit of ‘me’ in that.” ■
Faculty Making an Impact
USF School of Law faculty actively engage in addressing critically important global issues through their publishing, speaking, presentations, and media contributions. Over the past year, professors have won awards, lectured at national and international conferences, and given numerous media interviews. Here are some recent highlights of their achievements:
Associate Professor Adam Abelkop
Together with the Legal Research, Writing, and Analysis team, hosted the Western Regional Legal Writing Conference at USF. The event was attended by 60 professors from across the U.S.
Professor Lara Bazelon
Wrote and co-authored several articles, including “Why California’s Reinvestigation Into an Infamous Quadruple Homicide Case Is a Sham”, published in the San Francisco Chronicle, and “Colleges Still Have No Clue How to Handle Sexual Assault Allegations. I Have an Idea.” in SLATE
Professor Lindsay M. Harris
Co-edited the book How to Account for Trauma and Emotions in Law Teaching (2024) together with Mallika Kaur. Published a book chapter in Feminist Judgments: Immigration Law Opinions Rewritten in which she analyzes a creative rewrite of the 1993 Flores v. Reno decision.
Professor Bill Ong Hing
Joined the board of directors for Futuro Media, an independent, nonprofit organization producing multimedia journalism that explores the diversity of the American experience. Interviewed extensively with national media outlets, including USA Today, KCBS, and KTVU, on immigration policy issues.
Associate Professor Juan Carlos Ibarra
Presented his article, “Antiracist Property,” at the annual Society of American Law Teachers (SALT) conference.
Professor Alice Kaswan
Authored and co-authored several articles, including “California Climate Justice Index” and “Funding a Clean and Equitable Energy Transition: Lessons from California” for the Center for Progressive Reform. Taught several classes and lectured on climate change law at the University of Professional Studies in Accra, Ghana.
Professor Daniel Lathrope
Published the latest editions of Selected Federal Taxation Statutes and Regulations (2025 ed.), and Selected Sections; United States International Taxation (2024 ed.).
Professor Richard Leo
Authored and co-authored numerous journal articles and book chapters, including: “Mental Health and False Confessions” (with William Follette and Deborah Davis). Forthcoming in Elizabeth Kelley, ed. (2024). Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Attorneys , 2nd ed.
Associate Professor Tiffany Li
Presented nationwide at symposia, events, and conferences on topics including algorithmically fueled disinformation campaigns and the impact of emerging technologies on privacy law.
Associate Professor Matthew Liebman
Awarded the Deborah Rhode Prize by the International Association of Legal Ethics for his paper “Representing Animals.” Published two journal articles, “Animal Plaintiffs” in Minnesota Law Review (2024) and “Representing Animals” in the Maryland Law Review (2024).
Visiting Professor Michele Neitz
Authored an opinion piece for CoinDesk titled “Power Shift: The Effects of Congressional Inaction on Emerging Technology Law.” Coauthored “All Rise for the Honorable Judge: the Increasing Power of United States Courts in Crypto Asset Regulation” with Katherine Stromin ‘24; published in the International Journal for Financial Services (2023, July 24)
Associate Professor Duane Rudolph
Published several journal articles, including: “Sexual Orientation, Rank, and Status” in the University of Memphis Law Review (forthcoming, 2024); “Play in the States,” Texas Journal on Civil Liberties & Civil Rights (2023), and “We Have the Right to Play”, UPenn Journal of Law & Social Change (2023).
To Be Continued …
BY PROFESSOR MICHELLE TRAVIS
Twenty years ago, I found myself in the enviable position of sitting in former Dean Jeff Brand’s office being interviewed for a USF Law faculty position. As our conversation was ending, Jeff leaned forward and shared his most profound insight about law school teaching. “The best law professors are like jazz conductors,” Jeff confided. “A great law school class is jazz music at its finest.” I was duly awed. I returned my most knowing nod, while trying my best to conceal my complete lack of understanding. Having now had the privilege of spending two decades in classrooms with extraordinary USF law students, I finally know exactly what he meant.
Conducting jazz music is about facilitating improvisation. It’s about allowing individuals to interact as a group, while still being able to hear each individual player. It’s about being open to possibility. It’s about hope. Successful jazz conductors have a deep knowledge of the players and instruments, but they don’t dictate the score. They resist the urge to conduct every move, but instead instill confidence and joy in each musician. Yet the improvisation is always directed in service of the music, which is more important than any single player. A skilled jazz conductor knows how to get the musicians started, teaches them to listen to the rhythm section, and then stands back and lets them play.
Because of USF’s exceptional law students, I’ve had the honor of experiencing many unforgettable jazz moments in the classroom. Jazz conductors are only as good as their musicians. While our beloved law school has many strengths and weaknesses, I am most proud of our ability to select our students. We chose each of you, our graduates, because of your unique voice, background, perspective, and skills, and because we knew that each of you would become an exceptional attorney.
We also knew that each of you would become forever interconnected as USF alums dedicated to advancing social justice—which is our rhythm section—and working in service of the rule of law—which is our musical score. USF is among the most diverse law schools in the nation. Together, we have diversified the global legal profession. Together, we have given voice to so many people who needed to be heard. And together, my students and our alums have given me hope during so many challenging times. When the rule of law has felt inadequate for our immense social challenges, your brilliant, tireless, and skillful advocacy has kept me optimistic about our future. And you do it all with confidence and joy, eyes open to possibility. I have learned vastly more from you than you have ever learned from me, and for that I am profoundly grateful.
I am also grateful for my dear colleagues who have mentored me, supported me, and fought alongside me to preserve our core mission and values. As scholars, we have had a collective impact beyond our classroom walls. We share this mission with our committed research librarians, who fuel our work. Being a law professor is truly a labor of love.
Trombonist J.J. Johnson once said: “Jazz is restless. It won’t stay.” So I knew this day would eventually come when I would say farewell to full-time law faculty teaching. As a law professor, I have a habit of ending email exchanges with students, alums, and colleagues, with the phrase “to be continued …” That’s because I know that our collaboration will never end. That knowledge lets me move forward with a full heart, feeling that I played a very small role in launching so many incredible lawyers. I now have the ultimate privilege of standing back and listening to you play your music, which the world needs now more than ever. ■
“As a law professor, I have a habit of ending email exchanges with students, alums, and colleagues, with the phrase, ‘to be continued ...’ That’s because I know that our collaboration will never end.”
Professor Michelle Travis retired in July 2024.
“I
WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES UPON WHICH I AM ABOUT TO ENTER”
THE HON. KINNA PATEL CROCKER ’02
SONOMA COUNTY SUPERIOR COURT
BEFORE THE BENCH: Worked as a family law attorney for 23 years in private practice, including founding her own firm, Crocker Law.
In a small-town courthouse in Greeneville, Tenessee, a 16-year-old Kinna Patel took the Oath of Allegiance and became a U.S. citizen. That experience, and the person in the black robe at the front of the room, struck a chord and, in part, set Crocker on her path to the bench.
WHAT DO YOU BRING TO THE BENCH?
To become a judge, you have to have a specific judicial demeanor. When I was approached by colleagues to consider applying [for a judicial appointment], I think my calm demeanor is what stood out to them. As an attorney, I was very settlement-oriented in family law cases. My goal was to solve problems. I never wanted to add to issues that are already at a high level of stress and conflict.
A FEW MONTHS INTO THE ROLE NOW, WHAT IS YOUR FAVORITE PART OF SERVING AS A JUDGE?
I think there are two related aspects of the role that I really enjoy. For one,
I'm seeing cases that I've never seen before, despite the many years I have practiced in this area. Really interesting cases, like a minor wanting to marry, that I had never dealt with in my practice. The other part is being able to dive into the law, to do the research, to learn that area, and to figure out what the right answer should be. I love digging into the law.
ARE THERE DAYS WHEN YOU MISS BEING A PRACTICING ATTORNEY?
It's not often, but yes, there are times. I did a lot of adoption work for samesex couples and secured parental rights for families such as mine. At the end of every proceeding when we got all the paperwork done, the families would send me a picture of the little ones who I helped connect them with. Anytime I was having a hard day, or I just needed a pick-me-up, I would look at all the photos of these babies and remind myself.
WHEN NICHELLE HOLMES ’10 TOOK THE OATH OF OFFICE ON APRIL 15, 2024, SHE JOINED MORE THAN 340 FELLOW USF LAW GRADUATES WHO HAVE SERVED ON THE BENCH. MEET SEVEN OF USF’S MOST RECENT JUDICIAL APPOINTEES.
SWORN IN: OCTOBER 2023
THE HON. DOUGLAS RODGERS ’03
SWORN IN: JUNE 2023
TULARE COUNTY SUPERIOR COURT
BEFORE THE BENCH: Served as a district attorney in Tulare County since 2003.
As a longtime prosecutor, Douglas Rodgers paid as much attention to judges he considered role models and mentors as he did to judges whose styles and temperament he did not care for. Having been approached throughout the years to apply for the role of judge, he said he felt ready to do so about 15 years into his career.
TELL US ABOUT THE APPOINTMENT PROCESS.
The appointment process is frustratingly opaque, but that’s by necessity. Much of the vetting goes on behind the scenes, so the applicant sees very little of the efforts made by the local bar associations, the state bar, and the governor’s office. All you can do once you submit your application is put your best foot forward, trust the process, and have faith that your file will be fully and fairly considered.
QUALITIES OF A GOOD JUDGE?
A curious mind, a solid work ethic, and the ability to be decisive under pressure are important qualities to have as a judge. A thick skin also helps!
ANY JUDGES YOU PARTICULARLY ADMIRE OR HOPE TO EMULATE?
I’ve always been a great admirer of Chief Justice Earl Warren. He came from humble beginnings, rose to the pinnacle of the legal profession, and used his moral authority to help reshape our nation for the better during some pivotal moments in American history. It’s easy to forget, given his accomplishments, what a divisive figure he was at the time. Despite tremendous pressure to maintain the status quo, he guided the Supreme Court to landmark decisions expanding the rights and freedoms of all Americans.
CHANGES YOU WOULD LIKE TO SEE IN THE SYSTEM?
Lawyers and judges have a duty to continue to diversify the legal profession, creating pathways to law school, the practice, and the bench that may have been closed to certain groups in the past. We can do that by being generous with our time and encouraging and mentoring those who might not otherwise consider pursuing a career in the law.
NICHELLE HOLMES ’10
CONTRA COSTA COUNTY SUPERIOR COURT
BEFORE THE BENCH: Served as a Deputy District Attorney in Contra Costa County for 12 years.
Nichelle Holmes first considered a judicial career after visiting the chambers of Justice Martin Jenkins ’81 with her USF Law Academic Support Program (ASP) cohort. She remembers the day as “pivotal” and credits both Justice Jenkins and Judge Saundra Brown Armstrong ’77 with sparking her interest in the bench more than 15 years ago. Today, Judge Holmes helps facilitate fireside chats with Justice Jenkins for USF’s Black Law Students Association to carry on the tradition.
WHY BECOME A JUDGE?
I've always wanted to impact the community in a way where I bring my background and experience, not just my skin tone, but my lived experience.
WHAT DOES JUDICIAL TEMPERAMENT MEAN TO YOU?
For me, it's about treating everybody with respect, regardless of who they are. The attorneys, the people who appear before you.
SWORN IN: NOVEMBER 2023
SWORN IN: APRIL 2024
I'm not necessarily the smartest person in the room; I just happen to be the judge. I don't get to be less patient just because I'm the judge.
WHAT IS THE BEST PART OF SERVING ON THE BENCH?
I think it’s the impact that the role has had on my family and my community. I’m from Richmond, and there haven’t been a lot of judges from Richmond. It’s a city with a lot of lower-income, at-risk youth. So just being a positive role model, I think for me that's been the best part.
HOW DID USF PREPARE YOU?
Professors Richard Sakai and Carol Wilson were instrumental in my success as a lawyer and in passing the bar. They were just always there for me. Additionally, USF's Intensive Advocacy Program led by Doris Cheng is hands down one of the best in the state, maybe even in the country. The program and Doris were extremely instrumental in developing my trial skills and becoming a trial lawyer.
THE HON. JESSE SANTANA ’87
SUTTER COUNTY SUPERIOR COURT
BEFORE THE BENCH: Practiced criminal defense with the firm he co-founded, Santana and Smith Law Firm P.C.
For Jesse Santana, his calling to serve on the bench was not immediate. About 20 years into his legal career and after working on more than 50 criminal and civil jury trials, Santana discovered a desire to serve as a judge. He credits the support of family, friends, and colleagues, including a number of fellow USF Law alumni, for supporting him through the appointment process.
THE HON. ANNE COSTIN ’08
SAN FRANCISCO SUPERIOR COURT
BEFORE THE BENCH: Represented employees in discrimination, harassment, and retaliation cases in private practice, including founding her own firm in 2013.
Each time Anne Costin exited a courtroom as a lawyer, she walked away thinking about the judge. Taking mental notes on the do’s and don’ts, she eventually realized she was destined for the bench.
WHAT WAS THE APPOINTMENT PROCESS LIKE?
Exhaustive. There are multiple rounds of vetting, with different committees interviewing lawyers you have worked with and had cases against. Each step of the way the net gets larger and questions deeper. Realizing that everyone you know is commenting about your skills and demeanor is quite overwhelming!
WHAT MAKES A GOOD JUDGE?
A good judge leaves the parties, witnesses, victims, and attorneys with the feeling that they were given a fair trial or hearing, regardless of the outcome. In general, a good judge has a diverse personal and professional background and experiences, a good work ethic, common sense, and is punctual, respectful, fair, compassionate, courageous, humble, and open-minded.
IS OUR CRIMINAL JUSTICE SYSTEM JUST?
Yes and no. In general, our criminal justice system is one of the best in the world. However, our criminal justice system is rife with cases in which individuals were not treated fairly and justice was not done. It helps if prosecutors pursue justice rather than a conviction at all costs, and that a fair and openminded judge and jury preside over a case.
WHICH EMOTIONS, IF ANY, BELONG ON THE BENCH AND WHY?
I read a very interesting article on this very topic called “The Emotionally Intelligent Judge” by a professor at Vanderbilt Law School named Terry Maroney. It acknowledges that judges are of course not robots — and that at this point psychological research has pretty clearly confirmed that simply ignoring your emotions can have extreme negative consequences on your health. So: Be self-aware enough to recognize your emotions, think coherently about them, and regulate your response to those emotions to ensure that you can control how — or if — you express them while ensuring and projecting neutrality. Emotion is not the enemy of reason; they are interdependent.
DID ANYTHING SURPRISE YOU WHEN YOU BECAME A JUDGE?
Surprise: You have to buy your own robe!
Unexpected: The code of judicial ethics places significant constraints on judges’ ability to participate in certain conversations and social events. I did not expect to be conducting ethical analyses of whether I could or should attend a party or listen to a lawyer friend tell me about the new case they are working on.
SWORN IN: FEBRUARY 2024
TELL ME ABOUT YOUR EXPERIENCE AT USF SCHOOL OF LAW?
I had a great experience at USF School of Law. I was co-chair of La Raza Law Students Association. I participated in the Advocate of the Year Competition and was a member of the Phillip C. Jessup-International Law Moot Court Team, the National Moot Court Team, and the National Appellate Advocacy Team. USF Law helped me in so many ways. I was inspired by a number of my professors, including Delos Putz, Judge Jeffrey Brand ... the list goes on. I also owe a debt of gratitude to the USF Law alums who helped me on my appointment to the bench.
WHAT’S YOUR ADVICE TO LAWYERS WHO ARE THINKING ABOUT BECOMING JUDGES?
Work hard, learn the rules of evidence inside and out, do as many jury trials as you can, treat others the way you want to be treated, and give back to your community.
“I'M NOT NECESSARILY THE SMARTEST PERSON IN THE ROOM; I JUST HAPPEN TO BE THE JUDGE. I DON'T GET TO BE LESS PATIENT JUST BECAUSE I'M THE JUDGE.” —NICHELLE
THE HON.
SWORN IN: JULY 2023
JUSTIN GLENNLEISTIKOW ’04
ORANGE COUNTY SUPERIOR COURT
BEFORE THE BENCH: Served as a public defender in Orange County since 2005.
Justin Glenn-Leistikow spent 17 years as a public defender before applying to serve as a judicial officer. This despite being approached by several judges over the years, including family friend and USF Law alumnus Justice Martin Jenkins ’81, who GlennLeistikow has known his whole life. Ultimately, it was their guidance, as well as the impact it would have on his two sons, ages 13 and 8, that gave Glenn-Leistikow the final push to apply.
AS A CAREER PUBLIC DEFENDER, WHAT DO YOU BELIEVE YOU BRING TO THE BENCH?
I've seen the courtroom from multiple positions, and I think it’s important to have different perspectives in there. And that's not to say that I see all of the
angles, because I have blind spots as well; I think everyone has blind spots. And so you try to get as many different folks into a particular room who come from different backgrounds and have different life experiences so that the hope is that you can cover all angles.
WHAT MAKES FOR A GOOD JUDGE?
Consistency. And treating everyone the same. And that might not mean that everyone enjoys the treatment that they're getting, and it might not make either party happy. But it's consistent.
BEST PART OF BEING A JUDGE?
I think the best part is the impact that I have on the folks who appear in front of me, whether it be the defendant or an alleged victim in a case.
TELL US ABOUT YOUR EXPERIENCES AT USF.
As a student, my job was to come to this beautiful campus five or six days a week and to just learn. It was an amazing experience. I met a lot of great people and professors. But it was also a very difficult time, academically. Legal research and writing, that class demoralized me. But I was in the ASP program and Carol Wilson told me that I was accepted to the university because they believed I could do the work, and to not have imposter syndrome, and that I belonged. And I thank her from the bottom of my heart.
THE HON. KATHERINE HANSEN ’00
SWORN IN: FEBRUARY 2023
SANTA CRUZ COUNTY SUPERIOR COURT
BEFORE THE BENCH: Served as Santa Cruz Court Commissioner and a Deputy County Counsel for Monterey County, practiced as a plaintiff’s attorney beforehand.
Each of Katherine Hansen’s career choices was a stepping stone in a lifelong aspiration to serve as a judge. She built a broad skillset and diverse experiences by working in criminal law, as a plaintiff’s attorney, a legislative aid, a lobbyist, and eventually a court commissioner. Although the appointment process was “thorough and lengthy,” now–Judge Hansen believes that particularly today, “California has an outstanding approach to the way judges are appointed.”
WHAT MAKES A GOOD JUDGE?
Patience, wisdom, clarity, integrity, compassion, dedication, fairness, openmindedness, humility, quiet strength, consistency, and grace.
WHAT’S YOUR FAVORITE THING ABOUT BEING A JUDGE?
I am humbled by our ability to make an impact in a hands-on way to persons in our community. Judges have an opportunity and a responsibility to serve the public, and every day, we have a chance to make decisions that help people.
HOW DID USF HELP PREPARE YOU?
Law school was very challenging for me, due to private, personal circumstances. I had a few professors who could see through that and see me as a whole person — and they believed in and encouraged me. I still think of their words of wisdom, as well as their temperament. Those professors or retired professors are Professor Honigsberg, Professor Adler, and Professor Freiwald.
WHAT’S YOUR ADVICE TO LAWYERS WHO ARE THINKING ABOUT BECOMING JUDGES?
Anyone interested in becoming a judge should talk with a recently appointed judge and establish a mentormentee relationship. As judges, we want to grow our bench with the next generation of dedicated attorneys, so we are very open to this. Also, anyone interested in becoming a judge should be conscientious in their communications and conduct in their cases, and ensure that they lead and litigate with integrity and professionalism to develop an excellent professional reputation. n
Ready for Next
New USF Law dean navigates the seas of life and career
By Annie Breen
University of San Francisco School of Law Dean Johanna Kalb was not the child who declared that she wanted to be a lawyer at the age of 5, nor the college student who was taking the LSAT during senior year, determined to go straight to law school upon graduating. She wants USF’s School of Law students to know this. “There is no one path to law school,” she said. “Life’s curveballs are what makes it interesting.”
The new dean’s own resume reflects that conviction. A BA in German Studies from Stanford University. An MA in International Relations with a focus on African Studies from Johns Hopkins University. A JD from Yale Law School. “At various times in my life, I thought I’d be a doctor, maybe a research psychologist. Then I thought I might go into independent filmmaking in Berlin. Or work on advancing renewable energy in D.C.” She was entering that field when 9/11 happened. Enron collapsed later that same year. “It was a scary time in this country. Debates were raging about which and whose civil rights needed to be sacrificed to keep us safe. I wanted to be part of this conversation, and I knew that the best way to get people to take me seriously was to go to law school.”
She first began graduate studies at Johns Hopkins, where the international relations program would allow her to attend law school concurrently. As she attended classes, she also applied to law schools and was accepted at several, including her undergraduate alma mater, Stanford. She was packed and on her way when she received a call from the dean of admissions at Yale Law.
“It’s because of that phone call that I developed an understanding of how important it is to make personal connections with students,” Kalb said. It’s also because of that phone call that she reversed course, figuratively and literally, and became a Yale Law student.
She spent the summer before law school working for an NGO in Uganda, preparing a constitutional challenge to the death penalty. “I left that experience with a deep respect for the ways in which the jurisprudence of rights protections was developing in post-colonial African countries, and I was interested in how that translated to our national constitutional discourse.”
In law school, Kalb first joined a clinic that took cases emerging out of the detentions at Guantanamo Bay, ultimately joining a team of students who worked with Professor Neal Katyal of Georgetown Law School on Hamdan v. Rumsfeld, a case in which the Supreme Court invalidated the military commissions. “I traveled to Guantanamo Bay two weeks before the bar exam to tell Mr. Hamdan he had prevailed in the Supreme Court,” she said. “It’s not a strategy that I recommend for bar takers, but it was certainly a formative moment in my life.” Her work on the military commission cases helped Kalb see parallels between these extraordinary cases and the ordinary rights abuses in other forms of American detention. She also joined clinics focused on prisoner rights litigation and on criminal defense and began to write about the parallels she saw
for the Next Wave
across these contexts, namely, the ways that disfavored groups were excluded from accessing basic human and civil rights.
These varied experiences prepared Kalb well for her first clerkship, with a judge in Mississippi, a part of the country that was new to her.
“It’s another example of following — not resisting — the twists and turns life takes,” she said. It was during that clerkship that she met her future husband, Reuben Teague, then a clerk for a judge in Louisiana.
Her next clerkship was back in D.C., and then she needed to find a job in New Orleans. After Hurricane Katrina, Teague had co-founded a real estate development firm focused on bringing sustainable and green features to rebuilding homes for low- and middle-income city residents. A law professor friend encouraged her to think about a teaching position. She applied and was hired at Loyola University New Orleans College of Law (LOYNO).
“Again, it wasn’t my plan to go straight into teaching after clerking for two years. But that’s what happened — and I loved it.”
Kalb taught constitutional law and international human rights and noticed how her students quickly zeroed in on human rights issues in the United States, Louisiana, and New Orleans. So she created a course called Human Rights Advocacy in the United States, in which students worked collaboratively with community partners to identify and advocate against local human rights abuses. She connected with other scholars and practitioners around the country who were thinking about how to enforce human rights law domestically, and eventually developed a casebook by that title.
After she received tenure at Loyola, life intervened again. Teague accepted a role in impact investments based in New Jersey, and
“We
into
Kalb took a leave of absence from Loyola. While on the East Coast, she worked as a fellow at the Brennan Center for Justice at the NYU School of Law, and as a visiting professor at Yale, directing the Arthur Liman Center for Public Interest Law.
“That’s where I realized I was good at administration — and that I liked it! It was just good luck to learn that about myself,” Kalb said.
This realization carried her into a new role upon returning to Loyola: associate dean of administration and special initiatives. In this role, Kalb oversaw most of the nonacademic departments at the law school, helping to find efficiencies in operations, lifting up and supporting talented staff, and improving the law school’s marketing and communications.
After successfully helping lead LOYNO through the tumult of the COVID-19 pandemic, she was nominated for deanships and went on to lead the University of Idaho College of Law for three years. During her time in Idaho, she was recognized for helping recruit the largest and most diverse classes in the college’s history. She also led the college’s two most successful fundraising years and oversaw the creation of an extensive bar prep program that resulted in a 10 percent improvement in bar passage. Idaho’s Associate Dean of Faculty Aliza Cover believes Kalb “has a gift for understanding what people and institutions need to thrive, and she works tirelessly to achieve meaningful progress.”
When the USF Law deanship came up, she felt ready for a new challenge and threw her hat in the ring. Alumnus and longtime USF Law supporter Tom Onda ‘90 served on the Dean’s Search Committee. His first thoughts? “‘She’s the one!’ Honestly, that was
“We want our students to bring their values and their vision for a more just world into every discipline”
my immediate thought after meeting Dean Kalb.” Why? Onda said, “She exemplifies Jesuit values —thoughtful, committed to doing the right thing, and invests time in building strong relationships. Beyond these impressive qualities, what stood out the most to me is that Dean Kalb is genuinely a good person. She actively listens to and considers different points of view, while also having the courage to make difficult decisions. I have every confidence that she will guide us toward a bright future.”
So what is Kalb’s vision for the future of USF Law?
“First and foremost, I am inspired by the Jesuit commitment to educational access. Jesuit law schools have always been leaders in thinking about how to offer legal education to communities that have been historically excluded from the profession, and the diversity of USF’s alumni illustrates how successful these efforts have been,” Kalb says. She sees her role as ensuring that USF Law faculty are able to continue to do innovative work to overcome the barriers that prevent talented candidates from applying to and succeeding in law school and on the bar.
Kalb also wants to focus on making sure everyone knows that USF Law is thriving. “We have been through some challenging times in recent years,” she says, “but we have come back stronger under Dean Freiwald’s leadership.” Now, bar passage and employment rates are up, and the school has been nationally recognized for building strong advocacy skills and preparing students for practice. And Kalb wants to get the word out. Last, but certainly not least, Kalb has a big vision for expanding USF Law’s areas of excellence. “I want prospective students to understand that our Jesuit commitment to
social justice is broad and inclusive. Students can change the world through excellent work as a public defender or an animal justice lawyer, but also as a tech lawyer, a securities lawyer, or a tax lawyer.“ USF Law students currently have the opportunity to do cuttingedge work in clinics focused on immigration, racial justice, human rights law, and intellectual property. Kalb’s goal is to expand the opportunities students have to engage with emerging technologies and corporate and transactional practice. “The lawyers in these areas have tremendous power to shape our society. We want our students to bring their values and their vision for a more just world into every discipline,” Kalb says.
It’s a tall order, but Kalb is up to the challenge. She met with every member of the faculty and senior staff before even arriving in San Francisco, and hit the ground running almost as soon as her plane touched down. She might never have imagined herself as living in San Francisco, but now that she’s here with Teague, their two children (Leo, 14, and Thea, 12), and their pit bull mix Ash, she’s excited to begin a new adventure and set down roots.
The family plans to take full advantage of their new location, with camping trips, concerts, museum trips, and festivals on the agenda. And now that she’s within a stone’s throw of an ocean, Kalb plans to finally learn to (literally) surf. She couldn’t be happier that her life’s latest wave rode her to the helm of USF Law. “I’m ready to be a part of the campus community, and I’m ready to get to work.” n
Standing at the
Next Legal Frontier
A roundtable discussion about how artificial intelligence is pushing the boundaries of the law
By Annie Breen
On fi rst examination, the cowboys and pioneers who established and personifi ed the American West have nothing in common with the modern-day tech lawyers who populate today’s courtrooms. But delve a little deeper and the similarities start to appear, especially in the context of artifi cial intelligence and its rapid evolution in the American legal system. New borders are constantly being drawn and redrawn as new tech is invented, and the Wild West of tech legislation is still in its infancy. To provide some perspective on this burgeoning area of the law, we gathered four members of the USF Law community who either teach or practice at its forefront. Guided by moderator Professor Tiff any Li, Josh de Larios-Heiman ’05, Jordan Jaff e ’07, and
Professor Michele Neitz discuss the future of the nascent legal domain.
Roundtable moderator: Tiff any Li, Professor of Law
Participants : Michele Neitz, Professor of Law and Founder, USF Center for Law, Tech, and Social Good; Joshua de Larios-Heiman ’05, Managing Director of Data Law; Jordan Jaffe ’07, Partner at Wilson Sonsini Goodrich & Rosati.
T.L. Thanks so much for being here and participating in a discussion about how the law is dealing with, and how it should be dealing with, artificial intelligence. To provide some background, can you describe your current role and how you moved from law school to this point in your career?
M.N. I’ve been a law professor in San Francisco since 2006, and I’ve seen the rise (and sometimes the fall) of various technical industries. My research focus has always been on the ethical uses of power, whether that is power vested in judges, corporate executives, or tech leaders. Teaching emerging technology at USF Law is such a fun chapter in my career, and I think our students are ready to be on the cutting edge of these legal fields. For example, I often ask students to imagine what the law should be in cases where we don’t yet know what it is, and I am consistently impressed by their answers.
J.D. I’m the managing attorney of Data Law Firm, and I’m proof that there are many different paths to a legal career. I started law school because I wanted to advance in a securities career that I began after graduating from UC Berkeley as a history major, and I knew I’d need either a JD or an MBA to do that. When I was in law school, I wrote a paper on elvish gold (World of Warcraft fans will know what I’m talking about), and that caught the eye of a hedge fund manager, who ended up giving me a job. I didn’t pass the bar the first time, but I did a ton of networking — happy hours, bar event volunteering — and I got jobs by knowing people (once I passed the bar). In short, there’s no one way to launch a career ... but I will say, being really nice is what got me and kept me on track. The legal field has a long memory, and people remember who treated them kindly.
"We want AI to help eliminate biases, rather than perpetuate them.”
J.J. I practice intellectual property litigation as a partner at Wilson Sonsini Goodrich & Rosati, and prior to that I was a partner at Quinn Emanuel, where I began my legal career after I graduated from USF Law in 2007. I was a computer science major in college and became interested in IP rights at that time. I actually wrote my senior undergraduate thesis on the topic. So I knew in law school that I wanted to focus on technology and the law, and I’m still practicing in that area today. The reason I’ve been in this area my whole career is because I’m constantly learning new things and finding new challenges. I’ve also been lucky enough to work with many clients on emerging technologies. One focus for the past several years has been AI. It’s something I’ve been interested in for several years, so it has been gratifying to see those issues I was looking at come to the forefront.
T.L. What slices of AI law do you think are most important for lawmakers to be focusing on right now?
J.D. There are so many nuanced pieces to this issue — one important element is that lawmakers should not be technologically specific when drafting legislation. That said, one of the first areas I think needs to be looked at is testing repositories — what’s the remedy, who owns the rights to the data being stored, should it be
mandated that the tech that generated the data be destroyed once the case/cases using it are finished?
M.N. Of course I will answer that I think we need to focus on AI for social good! Areas of priority should be LLMs and unintended consequences. What are my rights as a creator if LLMs utilize my work without attribution? What if I am adversely affected by a decision—such as a loan denial—that is the result of an algorithmic bias? Given the lack of action in Congress, I suspect many of these questions will be answered in courts.
J.J. Transparency and ensuring that vulnerable populations are protected from discrimination is a good place to start. Generative AI can reflect back biases in training data if proper safeguards are not in place. We want AI to help eliminate biases, rather than perpetuate them.
T.L. Should there be federal AI law(s)? If so, what should they be?
M.N. First, we need a defined federal term and clear definitions of what “AI” is, so that all states are starting with the same legal framework. I also think there should be a national push to educate both the young and the elderly about how tech works, about how AI works within the technology sector, and about how to use tech safely. {Note: The ones with the least knowledge will always be the ones most vulnerable.}
J.D. I don’t see a federal law happening anytime soon. I think we should focus on rights in this context. If we focus on defining the rights, we should be able to connect the existing regulations to what’s coming. Whatever legislation happens, I want to see teeth — whether it’s criminal, civil, or both, the legislation must be enforced.
J.J. I agree that general federal AI legislation isn’t likely to happen soon. But I think that the recent AI Act in the European Union, which classifies different uses of AI into risk categories and regulates their use, will affect the big companies and how they operate, and that will necessarily affect AI legislation here.
T.L. That sets us up nicely for the next question: How do you advise clients on issues where the law is unwritten/being written/constantly changing?
J.J. I like to establish where the client falls first. What’s their business model, what kind of money do they have, what’s their risk tolerance? Then I provide them different options that run from low-to-medium-to-high risk. My role as their attorney is to give the big picture and provide the current landscape so they can make an informed decision.
J.D. I notice that regulators tend to be more understanding when they see a history of a client trying to comply (and not just meet the bare minimum of a standard), and I advise clients thusly. You have to discuss the fact that it gets dicier as you get closer to the regulatory margins. At the same time, it’s best to not be the lowesthanging fruit — you don’t have to be the fastest, you just need to be in front of the person who’s in front of the bear.
M.N. I’m surprised (and heartened) that no one’s said they advise clients to go overseas! Singapore is regulatory-friendly, and France wants to attract AI companies. There’s more clarity around AI in other countries for clients who are risk-averse. But if you’re working here, defi nitely fi gure out risk tolerance — are they a selffunded startup, or do they have $100M in VC? Then consider their geography ... for example, some areas of technology law are more advanced in Wyoming than in California.
T.L. It seems as though the one throughline in American AI law right now is how rapidly it’s evolving. For law students who are hoping to get into tech/AI law, how would you recommend keeping up with its advancements? What do you personally do to stay abreast of the law?
M.N. It’s fun but exhausting! I listen to a few podcasts, like Nathaniel Whittemore’s “The AI Daily Brief,” subscribe to some newsletters, like Trey Ditto’s, and I read legal news every day. One thing I’ll never advise for law students is TikTok or YouTube!
J.D. I’ll start with the disclaimer that all these recommendations are like milk: They won’t stay fresh for long. That said, I frequent websites like Ars Technica, TechCrunch (hit or miss), ACLU (to see where the next AI nightmare is coming from), and Reddit (often showcases the cutting edge of what’s right and wrong with new AI).
And I follow news from the Department of Justice, the Federal Trade Commission, and local attorneys general, to track where their focus is at any given time.
J.J. I keep a pretty slim media diet to be more intentional — no social media here. I read a newsletter from Law 360 every day....
J.D. I’ll give a plus-one to Law 360.
J.J. I also read Techmeme; It’s a tech news aggregator. And then my fi rm sends out many alerts each day. For AI specifi c, I also recently started reading Chat GPT Is Eating the World, which does a great job tracking the status of AI litigation.
The discussion concluded with mutual appreciation, a few shared law school memories, and a collective excitement about the future of the legal area they’re all so passionate about.
And it left a thought: Maybe the comparison of practitioners of AI and tech law to Western cowboys of yore is not the most apt metaphor. Perhaps they are more like the fi eld’s sentinels, standing watch over a domain whose landscape is changing rapidly and constantly, in order to best advise their clients and keep their students fi rmly on the precipice of what’s next. ■
CLASS NOTES ALUMNI NEWS
’77
The Hon. Saundra Brown Armstrong received a Lifetime Achievement Award from the Charles Houston Bar Association.
’78
Sandra Price, a partner with Sideman & Bancroft LLP, was named to the 2024 Super Lawyers Northern California list.
’84
The Hon. Kevin Murphy was appointed to serve as a Judge in the Marin County Superior Court. He has served as a Judge in the Alameda County Superior Court since 2006.
’88
René I. Gamboa joined Gordon Rees Scully Mansukhani as a partner in the firm's San Francisco office.
Jenny Walter was inducted into the San Mateo County 35th Women Hall of Fame. Walter is a founding member and former board president of CoastPride, serving Pescadero through Pacifica.
Carol Wilson, co-director of USF’s Academic Support Program, received a Special Recognition Award from the Charles Houston Bar Association.
’92
Michael Reedy, a partner with McManis Faulkner, received the 2023 St. Thomas More Award from the St. Thomas More Society of Santa Clara County.
’93
Michele Liu Baillie, Of Counsel with Sunstein LLP, was elected chair of the Boston Club Board of Directors.
Chinh Pham, a shareholder with Greenberg Traurig, was recognized in Managing Intellectual Property magazine’s 2024 edition of IP Stars and the 2024 edition of IAM Patent 1000
’98
Doris Cheng was named to the 2024 Northern California Top 10 List by SuperLawyers
Lydia Flocchini joined BriefCatch, a developer of AI-enabled legal writing tools and products, as Chief Marketing Officer.
Frieda Garcia was named Managing Partner of Berry Appleman & Leiden LLP.
’99
Sonia Dujan, a family law practitioner, was elected a court commissioner by the Los Angeles Superior Court.
Navigating Name, Image, Likeness: Mit Winter ‘05
USF Law alumnus Mit Winter ‘05 has emerged as a leading expert in name, image, and likeness (NIL) law for college sports. A former Division 1 athlete, Winter played basketball at William and Mary before attending USF School of Law in 2002.
Winter’s interest in the intersection of college athletics and law was ignited during a sports law class at USF. The class “was helpful with giving a background in some of the issues that arise in college sports these days,” Winter said.
After graduating, he joined Bingham McCutchen, where he worked on cases representing the NCAA, the main body regulating college sports. The role laid the foundation for his extensive career in sports law, where he has represented athletes, agents, businesses, universities, and the Big 12 Conference.
“I’ve had the chance to work on some pretty big cases that have played a role in where we are now in college sports, like the O’Bannon case, and the Alston case.”
The landscape of college sports changed dramatically in 2021 when the Supreme Court unanimously ruled in NCAA v. Alston that the NCAA was subject to antitrust laws and that its athlete compensation limits violate those laws.
This decision, in combination with state NIL laws that were set to go into effect shortly after the Alston decision, led the NCAA to take a handsoff approach to NIL and to adopt an NIL policy that allowed student-athletes to profit from their image and likeness with few restrictions.
Winter now collaborates with universities, entities known as NIL collectives (including USF’s Hilltop Club), businesses working in the NIL and college athletics space, and guides prospective student-athletes in navigating NIL policies.
“With my background as a former college athlete and my legal expertise, transitioning into NIL policy was a natural progression,” Winter said.
He is empathetic toward student-athletes, who must now manage complex negotiations about compensation during the recruitment process.
“It’s important for high school and college athletes to understand what to look for in NIL agreements,” Winter advised.
Winter finds joy in working in this dynamic legal area. Just this past May, a settlement in House v. NCAA allowed student-athletes to be paid directly by universities.
“There’s no shortage of legal issues to think
about and address right now,” Winter said. “It’s exciting to be part of such rapid change, though it’s a lot to keep up with.”
The School of Law has been working hard to make sure students keep up with developments in emerging areas of law, such as NIL.
Associate Dean Amy Flynn ‘04 said, “We constantly refine our curriculum and programs to stay ahead of legal developments. One way we do this is through our experiential programs, like clinics, externships, and the Center for Law, Tech, and Social Good, founded by Michele Nietz, where students work on real-time legal issues and challenges. Our alumni play a crucial role as well through mentorship and on-campus events.”
For those aspiring to enter this legal field, Winter emphasizes the importance of staying current and networking.
“Networking is really important.… If there are things you’re interested in, join the conversation. Build your name and establish yourself as someone who knows what they’re talking about in that space. It takes consistency.” ■
Glen March was appointed Director of Public Works for Lake County, California. March has served in engineering-focused roles in the private and public sectors for more than three decades.
Burke Strunsky joined Glenn Agre Bergman & Fuentes as Special Counsel in the complex commercial litigation and white-collar litigation & investigations practices. Burke works in the firm’s San Francisco office. He previously served as a Riverside County Superior Court Judge.
Louis Wu became a board member with Bentz Couture Inc.
’00
Dana Northcott was elected President of the International Trademark Association (INTA).
’01
Belle Borovik joined Robins Kaplan LLP working in the Intellectual Property & Technology Litigation Practice Group.
The Hon. Carly Dolan was elected Assistant Presiding Judge for the Mendocino County Superior Court.
Leiann Laiks was elevated to partner with Strategy Law LLP in the firm’s San Jose office.
’02
Rachel N. Sostrin was named one of Forbes Advisors’ 2024 Best Chicago, Illinois Workers’ Compensation Attorneys.
'03
Delia Isvoranu, a partner with Duane Morris LLP, has been named one of the Daily Journal’s 2024 Top Employment and Labor Attorneys.
’04
Amy Goldman, director of legal services at Community Legal Aid SoCal, was elected a court commissioner by the Los Angeles Superior Court.
Cynthia Lucas was named one of Los Angeles’ 2024 Best Immigration Attorneys by Forbes
Joseph Trigilio became Executive Director of Loyola Law School's Project for the Innocent.
’07
Ifeoma Ajunwa, a Professor of Law at Emory University School of Law, coauthored The Oxford Handbook of Algorithmic Governance and the Law (with Jeremias AdamsPrassl) (Oxford University Press, forthcoming 2024).
Jordan Jaffe , a partner with Wilson Sonsini, was named to the inaugural Lawdragon list of 100 leading AI attorneys.
STAY CONNECTED
We would love to know where your degree has taken you, and share with you the latest news and alumni activities at USF.
usfca.edu/law/alumni
Food Bank. Gonzalez serves as a court referee in the Imperial County Superior Court where he presides over small claims and traffic cases.
Hannah Seigel Proff was recognized by her peers as one of Denver’s top criminal defense and juvenile defense lawyers.
’09
Jennifer Loeb was elevated to partner with Freshfields Bruckhaus Deringer in the firm’s Washington, D.C., office.
Mimi Glumac joined UC Law San Francisco as a Professor of Practice - Legal Research and Writing.
The Hon. Rafael Vazquez was elected Assistant Presiding Judge for the Monterey County Superior Court.
’05
Justin Bosl was elevated to Archdeacon for the Greek Orthodox Metropolis of San Francisco.
Jonathan Harriman founded Harriman Law PC, an Oakland firm specializing in personal injury.
Christina Kueppers, LLM ‘07 joined Vinivia AG, a provider of interactive livestreaming solutions, as Director, USA.
Michelle S. Lewis was elevated to partner with Hunton Andrews Kurth in the firm’s Washington, D.C., office.
Jenica Maldonado joined Atkinson, Andelson, Loya, Ruud & Romo as a partner.
’10
Nicholas Larson , a shareholder with Murphy Pearson Bradley & Feeney, was named one of Forbes Advisors' 2024 Best Criminal Defense Attorneys in Oakland, California.
The Hon. Kecia Lind was appointed by Governor Newsom to serve as a judge in the Napa County Superior Court.
Brian Schnarr, a partner with Hanson Bridgett, was named the new Market Leader for the firm’s San Rafael office.
Adam Hofmann was appointed to serve as Deputy Judicial Appointments Secretary in the Office of California Governor Gavin Newsom.
’06
Hillary Blout was selected to join the Council on Criminal Justice, a think tank and community of top experts, innovators, and leaders who are driving change in criminal justice policy.
Ayonna Blue Donald was appointed to the City of Beachwood’s Planning and Zoning Commission.
David Mesa became a founding partner of Pierson Ferdinand LLP, a new technology-driven, full-service law firm.
Jeremy Valverde became the Assistant Chief, San Francisco Adult Probation Department for the City and County of San Francisco.
’08
Martin Gonzalez joined the board of the Imperial Valley
’11
Jason Knox joined Boxer+Gerson, a Bay Area firm specializing in workers’ compensation and personal injury.
Kendrick Li became the Director, Clean Energy Programs at Pacific Gas & Electric Company.
Susan Gilbert Miller joined Novo Nordisk as Director, U.S. Corporate Responsibility.
UPCOMING EVENTS
Please save the dates and join us at upcoming School of Law events. Our website, usfca.edu/law, is updated on an ongoing basis with information about community events. We hope to see you soon!
Alumni-Mentor Mixer
OCTOBER 15, 2024
USF School of Law
Name, Image, Likeness Conference
Co-hosted with USPTO
NOVEMBER, 15, 2024
USF Main Campus
Heidi Urness, co-chair of McGlinchey Stafford’s Cannabis Industry Group, has been recognized with the 2024 Green Market Report Women in Cannabis Award for Legal.
’12Goldie Davidoff, an attorney in the Seattle office of Littler, has been elevated to shareholder.
’13Charles Bahlert was elevated to principal with Fish & Richardson.
Yaniv Newman joined Fennemore as Director, Business Litigation in the Insurance, Construction, and Commercial and Business Litigation Practice Group. Newman was selected for inclusion in Best Lawyers in America: Ones to Watch® in America (2024 edition).
Meghna Parikh was appointed to the Women In Data AI Ethics Advisory Committee. Parikh is a transactional and regulatory healthcare attorney with Buchalter in the firm’s Los Angeles office.
Jessica Platt was elevated to partner with Lanza Law firm, PC.
Swearing In Ceremony
DECEMBER 1, 2024
St. Ignatius Church
Law Review Symposium
JANUARY 31, 2025
USF Main Campus
Molly Zimney joined Zoox, developer of autonomous robotaxis, as the company’s Product & Regulatory Counsel.
’14
Brian Lance JD ‘14 LLM ‘16 was elevated to shareholder with Abbey, Weitzenberg, Warren & Emery.
Gabriel Lau joined Notable, an intelligent automation company for healthcare, as Senior Corporate Counsel.
Shauna Madison founded Rising Sun HR, A Professional Corporation™️, an HR / employment law consulting firm. Madison also received the National Bar Association LGBTQ Division's Leadership Luminary Award.
Marcus N. McElhenney joined Hinshaw & Culbertson as a senior counsel in the firm’s Insurance Services Industry Group.
Rahman Popal, managing attorney at the Law Firm For Tenant Rights Inc., was selected for the 2024 Northern California SuperLawyers List.
Lorenzo Robleto started a new position as Senior Legal Director & AGC, Head of Privacy at DoorDash.
Raymond Rollan became an Assistant General Counsel with the State Bar of California. Rollan also received the ABA’s On the Rise Top 40 Young Lawyers Award.
Erik Shallman was promoted to Counsel at Vinson & Elkins.
Danté Rennell Taylor joined the San Francisco City Attorney’s Office as a Deputy City Attorney on the Labor & Employment Team.
’15
Mila Buckner joined Carson Power as the company’s Director of Legal.
Alexander J. Bukac, an associate with Sideman & Bancroft LLP, has been named to the 2024 Northern California Rising Stars list.
Amber Eklof, a partner with Gordon Rees Scully Mansukhani LLP in the firm’s Employment Practice Group, joined the International Association of Defense Counsel.
Lauren Harriman became a Fellow with Public Knowledge, a nonprofit public interest group.
Michael Hewitt, an associate with Sideman & Bancroft LLP, has been named to the 2024 Northern California Rising Stars list.
Justine Lee was promoted to counsel with Reed Smith, LLP in the firm's Intellectual Property Group.
Alex Martin was elevated to Shareholder, Attorney at Aaron, Riechert, Carpol & Riffle, APC
Evann Whitelam was promoted to partner at Nielsen Merksamer.
Calla Yee was recognized as a “Lawyer on the Fast Track” as part of the California Legal Awards program from ALM.
’16
Rachel Davey joined GBG LLP as an associate attorney in the firm’s San Francisco office working on employment defense and counseling.
Brandon Kahoush, a partner with Fisher Phillips, LLP, joined the board of the 5 Buckets Foundation. Kahoush was recognized as one of the Best Lawyers in America, Ones to Watch for 2024.
Vanessa Peña-Hallinan joined Box, the cloud content management company, as IP Counsel.
’17
Lena Ghamrawi was promoted to Senior Privacy Counsel and Data Protection Officer at Quora.
’18
Amy Golinveaux started a new position as Deputy Public Defender with the Alameda County Public Defender's Office.
’19
Alyssa Daatio joined Candelaria PC as an associate attorney in the firm’s Estate Planning, Trust Administration, and Probate Litigation Group.
Martin T. Harris joined the NAACP Legal Defense and Educational Fund as an associate attorney in Washington, D.C.
Melody Makhfi joined Rippling as Product Counsel, Payments & Regulatory.
Sam Rosario joined Gordon Rees Scully Mansukhani LLP as an associate attorney.
Chekwume Ufoegbune joined Phillips, Spallas & Angstadt LLP as an associate attorney in the firm’s San Francisco office.
’20
Maddy Zacks started a new position as Vice President and Associate General Counsel at CONAM Management Corporation.
’21
Kendall Baron became a Public Defender with the Napa County Public Defender’s Office
Sallia R. Wilkins joined Murchison & Cumming LLP in the firm’s Los Angeles office as an associate.
’22
Vincent Goble started a new position as an associate attorney at Perry, Johnson, Anderson, Miller & Moskowitz, LLP.
’23
Brea Aguas joined Adobe as Associate Legal Counsel, Privacy and Security.
Maddie Raiché has joined the family law firm of Kaye Moser Hierbaum Ford LLP as an associate. All three current named partners (Moser ’90; Hierbaum ’96; and Ford ’08) are USF alumnae.
Listen . Learn . Pivot.
Last year, when USF Law Professor Heidi Ho ‘97 received news of the devastating wildfires on Maui, she swung into action. A native of the island, Ho has led response efforts by co-founding Pro Bono Organization for Native ‘Ohana (PONO) Legal, a nonprofit providing legal support to residents impacted by the fires.
Ho initially thought she’d be practicing probate law, but she soon discovered the legal response needed was far more complex.
“In a disaster, there are about nine areas of law … everything from insurance to FEMA appeals, to mortgage, to real estate, to immigration, to probate, to family law. Everything is triggered all at once.”
So, in September 2023, PONO launched a legal specialty hub concept, collaborating with legal entities like the Hawaii State Bar Association, Native Hawaiian Legal Corporation, Legal Aid Society of Hawaii, and the Maui County Bar Association to provide residents with step-bystep guidance across multiple legal areas.
“My motto for disaster work is listen, learn, pivot,” Ho says. “I changed it a little from the California disaster motto, which is to live, learn, pivot.”
From the outset, Ho worked directly with residents, hosting “listening sessions” in community spaces, parks, garages, and public areas where residents gathered to receive basic needs and resources. Nearly a year later, the organization is still receiving about 20 new intakes per month.
USF Law recent graduates Kasey Isobe ‘24 and Alondra Saldivar ‘24 created an Instagram account to get the word out about legal aid, housing, and educational access.
To date, the PONO Legal team has been able to help those firefighters, lifeguards, and police officers who lost their homes as well as several teachers.
And their work will only grow. This year, the organization was awarded a $200,000 grant from the Maui Strong Fund of the Hawai‘i Community Foundation (HCF) as well as a $75,000 grant from the Hawaii Justice Foundation.
Ho says she feels grateful that she has been able to use her legal skillset to help her community during this crisis.
“That’s what we are as lawyers, problem solvers,” Ho says, “I am fortunate to be able to help. I am also grateful to USF for allowing me to pursue this calling and to my students who are helping me along the way.” ■
“In a disaster, there are about nine areas of law … everything from insurance to FEMA appeals, to mortgage, to real estate, to immigration, to probate, to family law. Everything is triggered all at once."
In Memoriam
Peter Coniglio ’56
February 2024
Lois Scampini ’58
September 2023
C. Michael Smith ’59
September 2023
Thomas F. Nelson ’62
May 2024
The Hon. John Quinlen ’65
May 2024
John Boudett ’68
April 2024
The Hon. Lorenzo Arrendondo ’72
December 2023
Pedro Olivares “Pete” Guerra ’76
May 2024
Joseph A. Piasta II ’76
July 2024
Kevin Wheelwright ’76
June 2024
Schuyler Williams ’78
March 2024
Monica Bay ’82
October 2023
Capt. Rick F. Addicks ’92
April 2024
Christopher John Shea ’95
October 2023
Advocating for a More Humane System
Professor Bill Ong Hing ‘74 says his most recent book, Humanizing Immigration: How to Transform Our Racist and Unjust System (Beacon Press 2023), is different from his prior ones. Less academic and thoroughly
personal, Hing wrote an emotional reflection on his decades of experience with the American immigration legal system.
conditions. I pray every day that you have recovered and that you are enjoying the loving, safe life that you deserve.”
A 1974 USF Law graduate, longtime professor of law, co-director of the Immigration and Deportation Defense Clinic and Immigration Policy Clinic, and founder of the Immigrant Legal Resource Center, Hing establishes his perspective from the very start, dedicating the book to “the children I met at the border patrol detention facility in Clint, Texas, in June 2019. Shame on our country for your confinement under unconscionable
His outstanding argument in the book is to abolish and transform the American immigration system. Hing humanizes his legal argument with the stories of people caught in the throes of American immigration politics and a racist culture. While critical, Bill Hing is a stridently hopeful American and still believes that the U.S. is a special place that’s built to adapt and accept newcomers. He argues that the U.S. can become a world leader in immigration policy by acting compassionately.
Hing says he wrote the book for a wide audience because he believes it’s not just about more compassionate policies, there’s also a need to humanize the cultural conversation. He offers one way we can all adopt immediately, saying “Instead of calling it a border crisis, we should name it for what it really is, a humanitarian crisis.” ■
Former USF Law Dean, Judge Jeff Brand Retires
After nine years on the Alameda County Superior Court, Judge Jeffrey Brand, former dean of USF Law, has retired. His longtime colleague, Professor Emeritus Peter Jan Honigsberg, summed it up best: “For as long as I have known him, Jeff has been a champion of the rule of law. From his days as a law student defending civil rights workers in the South; to practicing poverty law in the Bronx; to representing defendants at the Contra Costa County Public Defender's Office; to establishing USF’s Center for Law and Global Justice; to creating a legal system for Cambodia after the Khmer Rouge’s genocide of up to 2 million citizens; to being appointed to a judgeship at the Alameda County Superior Court, Jeff was driven by the rule of law. His work and vision are an inspiration.”
The training we received at USF was instrumental in shaping our successful legal careers. Vilaska is an alumnus of the Academic Support Program (ASP), and we continue to support and donate to ASP and to student scholarships because USF is committed to training the next generation of outstanding justice advocates.”
RHEAN FAJARDO ‘03, ASSOCIATE GENERAL COUNSEL, SAN JOSE EARTHQUAKES
VILASKA NGUYEN ‘04, MANAGING ATTORNEY, SAN FRANCISCO PUBLIC DEFENDER’S OFFICE
(415) 422-5457
AS THE INCOME GAP WIDENS,
The California Dream Slips Farther Away
By Barbara Kautz ’03
I went to college in the late 1960s, a great time to go to college in the Bay Area. The Haight-Ashbury, the Fillmore, Jefferson Airplane, the Civil Rights Movement — it was a tense time but an optimistic time. The arc of the moral universe seemed to bend toward justice.
Today, the arc of the moral universe appears to be bending toward injustice.
In my law practice at Goldfarb & Lipman, a women-owned firm headquartered in Oakland, my clients are primarily cities and counties. I advise them on land use issues for housing development projects. Initially, my clients’ housing issues primarily involved “inclusionary” zoning, local policies requiring that some new housing be affordable to lower or moderate income households. But that has drastically changed since 2017, when the legislature began adopting a plethora of new bills intended to “solve” the housing crisis—the inability of most Californians to find housing that they can afford. Today, nearly 80 percent of lower income households pay more than 30 percent of their income for housing, and almost half pay more than 50 percent of their income for housing. Tent encampments and unhoused residents are one result.
Since 2017, more than 200 bills have been signed, yet housing prices continue to climb despite a decline in population. The housing market in California is out of balance. Legislators and the press assert that restrictive zoning and land use policies are responsible for the housing crisis. Consequently, most of the bills are designed to allow more housing to be built at higher densities and to make cities and counties approve projects faster, with fewer opportunities for angry neighbors to object to or to kill projects. Overworked city planners cannot keep up with the flood of legislation, and today most of my practice
involves advising clients on how to comply with state housing laws. The results have been anemic. Housing starts have barely budged since falling precipitously during the Great Recession. While they climbed briefly to 120,000 units per year in 2022, they fell to 112,000 units per year in 2023 due to sky-high interest rates and have never come close to the 200,000 units needed. Meanwhile, the median housing price statewide has soared from $580,000 in 2017 to over $900,000 this year.
While planning reform was necessary, it has unfortunately had little effect on the goal of providing safe, decent, and affordable housing for every Californian. Lower-and middle-income residents can barely afford to rent apartments while those at the top buy second, third, and fourth homes, or even homes purely as investments, creating incentives for developers to build only luxury housing. In South Lake Tahoe, 44 percent of units are second homes; prices increased even after construction of 2,200 new homes. In the desert area near Joshua Tree National Park, 25 percent of units are vacant, the majority second homes or short-term rentals.
Yet the California State Legislature has been unwilling to take action to reduce the large number of homes not used as primary residences — or at least to tax these homes more heavily. Bills to eliminate the state’s mortgage interest deduction for second homes fail year after year.
Until the legislature broadens its view to recognize that the housing crisis is a reflection of ever-increasing income inequality, and has the courage to adopt bills to limit the use of residences for nonresidential purposes, I fear that no amount of housing construction will provide decent, safe, and affordable housing for most Californians. n
Barbara Kautz is a partner with Goldfarb & Lipman LLP
The Koret Law Center
2130 Fulton Street
San Francisco, CA 94117-1080
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Standing at the Next Legal Frontier
A roundtable discussion about how artificial intelligence is pushing the boundaries of the law | Page 22