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LAW ALUMNI NEWS Fall/Winter 2003 Celebrating the Installation of the New Law School Dean are Maureen Reed, Chair, Regents of the University of Minnesota; Alex M. Johnson, Jr., new Law School Dean; Christine Maziar, Executive Vice President and Provost of the University of Minnesota; and Robert H. Bruininks, the new President of the University of Minnesota.

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Page 1: ALUMNI NEWS - University of Minnesota Law School€¦ · Law Alumni News Fall/Winter 2003 3 Faculty News and Events A nn M. Burkhartwas named to the 2002 Julius E.Davis Chair in Law.Professor

LAWALUMNI NEWS

Fall/Winter 2003

Celebrating the Installation of the New Law School Dean are Maureen Reed, Chair, Regents of the University of Minnesota;

Alex M. Johnson, Jr., new Law School Dean;Christine Maziar, Executive Vice President and Provost of the University of Minnesota;

and Robert H. Bruininks, the new President of the University of Minnesota.

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ContentsDEANAlex M. Johnson, Jr.

EDITOR

Terri Mische

EDITORIAL ASSISTANCE

Mickelene G. Taylor

CONTRIBUTINGWRITERSStacy Doepner-HoveSusan Gainen Joel HoekstraMartha MartinPamela OlsonAdam SamahaLinda ShimminE. Thomas SullivanJennifer TschidaSusan Wolf

PHOTOGRAPHERSDan KiefferDoug KnutsonTim RummelhoffDiane Walters

DESIGNER

Jennifer Kaplan, Red Lime, LLC

The Law Alumni News maga-zine is published twice a yearby the University of MinnesotaLaw School Office of AlumniRelations. The magazine is oneof the projects funded throughthe membership dues of theLaw Alumni Association. Correspondence should beaddressed to the Editor, Officeof Alumni Relations, Universityof Minnesota Law School, 229-19th Avenue South, Minneapolis, MN 55455-0444.The University of Minnesota iscommitted to the policy that allpersons shall have equalaccess to its programs, facili-ties and employment withoutregard to race, color, creed,religion, national origin, sex,age, marital status, disability,public assistance status, veter-an status or sexual orientation.

Fall/Winter 2002

Features

DepartmentsThe Dean’s Perspective ......................................................................................1

Faculty News and Events ..................................................................................2

Faculty Research & Development ......................................................................5

Law School News and Events ..........................................................................32

Distinguished Alumni ......................................................................................43

Class Notes....................................................................................................46

In Memoriam ................................................................................................53

Faculty Essay Untangling the Myth of the Model MinorityBy Miranda Oshige McGowan ......................................................................................................12New Faculty at the Law School By Joel Hoekstra ............................................................19Agent for Change By Joel Hoekstra ......................................................................................22Campaign Minnesota ..........................................................................................................26Goodbye Dean Sullivan ......................................................................................................29Commencement 2002 ........................................................................................................30

LAWALUMNI NEWS

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Greetings! It is, indeed, an honor and a priv-ilege to return to the University of Min-nesota Law School as its ninth dean.As

many of you know, I began my law teaching careerhere in 1980.Although that tenure lasted a brieftwo years, my fondness for the school and the peo-ple compelled me to inquire about the deanshipwhen Tom Sullivan informed me that he was step-ping down as Dean effective July, 2002.The searchfor a new dean is never an easy process. Havingbeen on both sides of the process, I can attest tothe fact that it is time consuming, arduous, per-plexing, exhausting, and fraught with anxiety anduncertainty--on both sides.There is, however, onemajor positive by-product of a dean search forboth the candidates for the deanship and for thosewho are involved in the search: you learn a lotabout the Law School, the people, its mission, andits future.

What I learned as a result of my involvement inthe dean’s search is that, although much haschanged at the Law School in the twenty yearssince I left—the faculty and staff, the building, andobviously, the students—the one thing that has notchanged is this school’s commitment to, and pur-suit, of excellence.That commitment to excellencewas evident when I talked to the search commit-tee members for the very first time in NewOrleans in January, 2002.That commitment toexcellence was apparent throughout the process asI interacted with faculty, staff, students and alumni/ae of this great Law School.The mostimportant piece of information I gleaned from the process was the fact that everyone associatedwith the dean search, including those in centraladministration, then President Yudof, then Provost,now President Bruininks, in addition to the faculty, staff, students, and alums of the LawSchool, was committed to the future success of the institution for the right reasons.

First and foremost, I sensed a commitment to pro-viding a first-rate legal educational experience forstudents—our consumers—and our future.Thistruly is a place where ethics, practice and academiaare integrated. It is a place where one can learnfrom an outstanding teaching faculty to becomean exceptionally talented and ethical lawyer. Ourfaculty is committed to integrating theory, prac-tice, and ethics as evidenced by our eighteen clin-ics and five centers.

That is what makes this Law School unique and spe-cial. The clinics and institutes represent its uniquebrand and I am committed to maintaining andincreasing the strength and value of that brandduring my tenure as dean and carrying on the tra-dition of excellence established by my predecessorsRobert A. Stein and E.Thomas Sullivan.

Speaking of Tom, there is no doubt that he left theLaw School in excellent shape which is why it wasprobably the most attractive open deanship in thecountry last year.The top twenty ranking, thecompletion of a successful capital campaign, theaddition of Mondale Hall, the growth of the facul-ty, the improving academic credentials of the stu-dent body, these are a few of the many things forwhich Tom is largely responsible and must bethanked. Of course, we face new challenges whichI will briefly share with you now and discuss ingreater detail in future issues.

Minnesota, like most states, is facing a severe bud-get crunch with an estimated deficit of 4.5 to 5billion over the next biennium. Indeed, the deansat the University have been advised that it is quitepossible that we may be required to make signifi-cant and immediate cuts in our existing schoolbudgets to ameliorate the current budget deficit.Elsewhere in this magazine I have detailed myagenda as dean—increasing the size of the faculty,increasing student diversity, increasing scholarshipfunding and, last but not least, supporting ourworld class law library.That agenda is imperiled bythe diminished fiscal support of the state.Although18% of our current budget consists of state fund-ing, I agree with former President Yudof that statesupport of public education, especially professionaland graduate schools, will continue to decline overtime.The dire state budget situation will no doubthasten that decline in funding and cause immedi-ate hardships for the University and, perhaps, theLaw School.

Hence, I end my remarks with a plea: Please joinme in supporting this wonderful Law Schoolbefore it is too late. I refuse to allow this School’stradition of, and commitment to excellence to beimperiled due to state budgetary issues. Pledgeyour support to your alma mater and contributewhat you can to allow it to maintain its commit-ment to excellence.

I look forward to meeting and working with youover the next several years to address these chal-lenges and continue our tradition and commit-ment to excellence.

Dean and William S. Pattee Professor of Law

Dean Alex M. Johnson, Jr.

Dean’s Perspective

1Law Alumni News ❚ Fall/Winter 2003

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2 Law Alumni News ❚ Fall/Winter 2003

On April 9, 2002, Professor Brian Bix presented hisinaugural lecture entitled “The Past and Future of Legal

Positivism” as the Frederick W. Thomas Professor for theInterdisciplinary Study of Law and Language. Professor Bixjoined the University of Minnesota faculty in 2001. He spe-cializes in the areas of jurisprudence, family law and con-tract law. He holds a joint appointment with the Law Schooland the Department of Philosophy. He is pictured above withhis wife, Karen Helfand.

Faculty News and Events

Pictured on October 28, 2002 are (l to r) Professor DavidMcGowan, recipient, and Vance Opperman (’69), donor ofthe Vance K. Opperman Research Scholar fund, with Professor Maury Landsman, recipient of the Vaughan G.Papke Clinical Professorship in Law, and Dean Johnson.

Vance K. Opperman Research ScholarDavid McGowan has been named the 2002–03 Vance

K. Opperman Research Scholar. Professor McGowanteaches and writes in various fields including antitrust law,constitutional law, the legal regulation of digital content andlegal ethics. His current research involves the relationshipbetween antitrust and intellectual property law, first amend-ment limitations on the regulation of software, the relation-ships among digital content, free speech and fair use, theproper domain of market ordering and public ordering onthe Internet, and various aspects of legal ethics. He joinedthe Law School faculty in 1998.

Vaughan G. Papke Clinical Professorship in LawMaury Landsman was named the 2002–2004

Vaughan G. Papke Clinical Professor in Law. ProfessorLandsman is recognized for his work in pre-trial skills, pro-fessional responsibility and judicial ethics. He teaches coursesin pre-trial skills, professional responsibility and the civilpractice clinic. He became the first Director of the LawyeringSkills Program in 1997. Professor Landsman joined the LawSchool faculty in 1987.

Professor Jim Chen delivered his address “Conduit-Based Regulation of Speech” on the occasion of his

apointment to the James L. Krusemark Professorhipin Law, March 12, 2002. A member of the University of Min-nesota Law School faculty since 1993, Professor Chen teach-es and writes in the areas of administrative law, agriculturallaw, constitutional law, economic regulation, environmentallaw, industrial policy and legislation. In 1998, he was desig-nated a Vance K. Opperman Research Scholar.

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3Law Alumni News ❚ Fall/Winter 2003

Faculty News and Events

Ann M. Burkhart was named to the 2002 Julius E. DavisChair in Law. Professor Burkhart is an expert in the area

of real estate law. She teaches property law, real estate financeand development, land use planning and comparative propertylaw. She joined the Law School faculty in 1982 and was theAssociate Dean for Academic Affairs from 1989 to 1991. Shereceived the Stanley V. Kinyon Teaching and CounselingAward three times.

Advancement of Excellence Award presented to Mrs. Julius Davis.Lillian “Babe” Davis was the inaugural recipient of theAdvancement of Excellence Award on May 11, 2002. Mrs.Julius Davis was recognized for her extraordinary contribu-tions to the advancement of excellence in teaching, researchand scholarship at the University of Minnesota Law School.Mrs. Davis has continued the legacy of her late husband,Julius E. Davis, class of 1936, one of the most dedicated sup-porters of the Law School. Mr. Davis was a well known TwinCities lawyer and civic leader. In recognition of his abidinginterest in his alma mater, his family, his law firm, and his manyfriends and colleagues generously endowed a Chair in Law tobear his name. Mrs. Davis sponsors wonderful receptions eachyear honoring recipients of the Davis Chair. Mrs. Davis is aTrustee Emeritus of the University of Minnesota Foundation;she served on the Board from 1979 to 1985. She is a majorsupporter of the arts in the Twin Cities and has donated someof the artwork on display at the Law School. ■

Dean Alex Johnson, Mrs. Julius Davis, Professor Ann Burkhart,and, the Dean’s wife, Karen Anderson.

Ann M. Burkhart Namedto Davis Chair

Professor Laura Cooperwas one of five distin-

guished alumni who wererecognized on October 11,2002 for induction into theIndiana University School ofLaw,Academy of Law Alum-ni Fellows. Induction intothe Academy is the highesthonor the School of Lawbestows upon its graduates.Professor Cooper was recog-nized for her personalachievements and dedicationto the highest standards ofher profession.

Professor Cooper graduatedsumma cum laude in 1974from Indiana UniversitySchool of Law, where shewas executive editor of theIndiana Law Journal andtaught as an associateinstructor. She then clerkedfor Judge John S. Hastings atthe United States Court ofAppeals for the Seventh Cir-cuit in Chicago. ProfessorCooper joined the Universi-ty of Minnesota Law Schoolfaculty in 1975 and was thefirst woman to receivetenure on the law faculty atMinnesota. She teaches CivilProcedure, Conflicts, LaborLaw and Alternative DisputeResolution. She also servesas the Chair of the LaborLaw Group, an internationalorganization of scholars whowrite textbooks on labor andemployment law, and worksas a mediator and arbitrator

Faculty Recognitions

Professor Laura Cooper

in disputes between employ-ers and unions. She is amember of the NationalAcademy of Arbitrators andthe Board of the Legal AidSociety of Minneapolis.

Last year, the book BadKids: Race and the Trans-

formation of the Juvenile Court(1999) by Barry C. Feld,Centennial Professor of Law,received the OutstandingBook Award from the Acad-emy of Criminal Justice Sci-ences and was cited as “Anextraordinary contributionto the study of crime andcriminal justice.” OnNovember 13, 2002, thebook received the Michael J.Hindelang OutstandingBook Award from the Amer-ican Society of Criminologyand was cited as “A mostoutstanding contribution tocriminology.” It is the onlybook ever to receive theoutstanding book awardfrom both of the nationalcriminology professionalassociations.

Professor Feld is one of thenation’s leading scholars ofjuvenile justice. He teachescriminal procedure, juvenilelaw, torts, and education andlaw. He held the 1981–82Julius E. Davis Chair and in 1990 was named the first Centennial Professor of Law. ■

Professor Barry C. Feld

Mrs. Julius Davis (5th from the left) posed at a reception on

former Davis Chair recipients.Monday, September 30, 2002 with several faculty who are

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Faculty News and Events

The Pragmatic Ecologist Conference

The conference entitled “The Pragmatic Ecologist: Envi-ronmental Protection as a Jurisdynamic Experience,” was

developed as a tribute to the contributions Professor DanielA. Farber has made to the field of environmental law.Theconference, held November 1–2, 2002 at the Law School, fea-tured national speakers on three topics: Environmental Policyin Pragmatic Perspective; Priests and Prophets, Pragmatismand Policy; and Ecology and Ecosystems. Professor Farberholds the McKnight Presidential Chair in Public Law and isthe Henry J. Fletcher Professor of Law. He is a nationally rec-ognized authority on environmental law as well as constitu-tional law. Pictured are the speakers in attendance at the Fri-day night banquet with Professor Farber (third from the left).

Global Antitrust Law and Policy Conference

The conference was organized in honor of Dean E.Thomas Sullivan who retired as Dean of the University

of Minnesota Law School in July 2002, ending a seven yearcareer in which he made major contributions to antitrustscholarship as well as to the education of Minnesota law students.The conference brought together leading scholars inthe field of global antitrust law and policy, along with govern-ment officials and practicing lawyers to present papers cen-tered on a theme that underlies much of Dean Sullivan’swork.

john a powell, Earl R. Larson Professor of Civil

Rights and Civil LibertiesLaw and Executive Directorand Founder of the Instituteon Race and Poverty willbe departing the LawSchool in January 2003.He has accepted anappointment to head thenew Institute for the Studyof Race & Ethnicity in theAmericas at The OhioState University in Colum-bus, Ohio. The new Insti-

tute is being formed to study policy issues related toboth race and ethnicity.

Professor powell was a member of the University ofMinnesota Law School faculty for nine years. He taughtcivil rights law, property law and jurisprudence. Heheld the 1997–98 Julius E. Davis Chair in Law, wasco-holder of the Marvin J. Sonosky Chair in Law from1999–2001 and in 2001 was named to the Earl R.Larson Chair of Civil Rights and Civil Liberties Law.

Professor john a. powell

Thank you, john

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5Law Alumni News ❚ Fall/Winter 2003

Faculty Research and DevelopmentBeverly Balos traveled to Oxford University inOxford, England during this past summer and presented apaper entitled “The Wrong Way to Equality: Privileging Con-sent in the Trafficking of Women” as a participant in theOxford Round Table on Civil and Human Rights. In Sep-tember she went to the University of California at BerkeleySchool of Law to present a paper with Mary Louise Fellowsentitled “The Problem of Prostitution:The Ideology of Consent.”

Stephen F. Befort continues to be active on a num-ber of projects relating to labor and employment law. Herecently published an article entitled “Labor and EmploymentLaw at the Millennium:A Historical Review and CriticalAssessment” in the Boston College Law Review. He also pub-lished a law review article entitled “The Most Difficult ADAReasonable Accommodation Issues: Reassignment and Leavesof Absence” in the Wake Forest Law Review. During this pastsummer, he completed work on another article entitled“Revisiting the Black Hole of Workplace Regulation:A His-torical and Comparative Perspective of Contingent Work,” aswell as a 2002 Supplement to his Employment Law and Practicebook for West Group. In addition, Professor Befort published“Mental Illness and Long-Term Disability Plans Under theAmericans with Disabilities Act” in the 2002 Employment LawHandbook and presented that paper at the Upper MidwestEmployment Law Institute in May. During that same month,he made a presentation on the ADA and the FMLA at the2002 Labor Arbitration Conference in Chicago. ProfessorBefort has been appointed to the Gray Plant Mooty Profes-sorship of Law and will give his inaugural chair lecture inApril 2003. Professor Befort also currently serves as the LawSchool’s Associate Dean for Academic Affairs.

Brian Bix spoke on “Cau-tions and Caveats on the Appli-cation of Wittgenstein to LegalTheory,” at the Conference on“Law and Social Justice,” held atthe University of Idaho in April.In May, he presented a paper,“Legal Positivism for the 19th,20th, and 21st Century,” at theConference,“New Perspectivesfor the Law of the 21st Centu-ry,” held at the University ofStockholm. In October, he gavea lecture in the Catholic Univer-

sity School of Philosophy Fall Lecture Series. His recent arti-cles include “Law as an Autonomous Discipline,” for TheOxford Handbook of Legal Studies (2003);“Parental Rights for(All) Parents,” for the Family Law Quarterly; and “Natural LawTheory:The Modern Tradition,” for The Oxford Handbook ofJurisprudence and Legal Philosophy (2002).

Elizabeth Heger Boyle completed her book,Female Genital Cutting: Cultural Conflict in the Global Communi-ty (Johns Hopkins University Press).The book traces the his-tory of mobilization against female genital cutting (sometimesreferred to as “female circumcision”). It addresses the ques-tions of why the international system became interested inthe practice when it did and whether international interven-tion is likely to be successful in eliminating the practice. Pro-fessor Boyle also published five scholarly articles over the pastyear.“National Politics and Resort to the European Commis-sion on Human Rights” (with Melissa Thompson) appearedin the Law & Society Review.“Local Conformity to Interna-tional Norms:The Case of Female Genital Cutting” (withBarbara McMorris and Mayra Gómez), was published in Inter-national Sociology.“Theorizing the Form of Media CoverageOver Time” (co-authored with Andrea Hoeschen) appearedin The Sociological Quarterly.“International Discourse andLocal Politics:Anti-Female-Genital-Cutting Laws in Egypt,Tanzania, and the United States” (co-authored with FortunataSongora and Gail Foss), was published in Social Problems, andalso was recently featured in the popular sociology journal,Contexts. Finally,“Making the Case:The Women’s Conventionand Gender Discrimination in Japan” (with Dongxiao Liu)appeared in the International Journal of Comparative Sociology.Professor Boyle presented papers at the annual meetings ofthe Law & Society Association and at the annual meetings ofthe American Sociological Association. She also has beeninvited by the Social Science Research Council to participatein a symposium on Youth, Globalization, and Law in Paris inthe fall of 2002.

Dan L. Burk continues an active schedule of speakingand writing on issues of high technology law. In March of thisyear, he testified on patent policy and competitiveness at jointhearings conducted by the Department of Justice and theFederal Trade Commission. In April, he presented the keynoteaddress on “How Digital Rights Management Threatens theAcademy” during a symposium on copyright in higher edu-cation, organized by the University of Maryland.That sameafternoon, he presented his paper on “Anti-CircumventionMisuse” at an intellectual property workshop at George Wash-

lowing week to Washington University in St. Louis to presenthis paper on “Open Source Genomics” at a conference onbiotechnology patenting.At the same conference,Professor Mark Lemely of UC Berkeley presented “Biotech-nology’s Uncertainty Principle,” a paper coauthored with Professor Burk.

In May, Professor Burk traveled to University of Toronto topresent another paper co-authored with Professor Lemley,entitled “Is Patent Law Technology Specific?,” at a symposiumon intellectual property and competitive policy.This paperwill appear in an upcoming issue of the Berkeley TechnologyLaw Journal.Traveling to Europe, Professor Burk taught a ten-

Brian Bix

ington University in Washington D.C.. He traveled the fol-

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6 Law Alumni News ❚ Fall/Winter 2003

Faculty Research and Development

day intensive course on Cyberlaw at the Universita del SacroCuore in Piacenza, Italy.While in Piacenza, he also spoke oninternational developments in copyright law at a symposiumon telecommunications and informatics sponsored by theFaculty of Law and the CRATOS Institute.

Returning to the United States in June, he spoke on “How ILearned to Stop Worrying and Love the Digital MillenniumCopyright Act” at the IEEE/ACM SIGCAS InternationalSymposium on Technology and Society held in Raleigh,North Carolina. In June he also testified again during jointhearings on competitive policy held by the Department ofJustice and Federal Trade Commission. In July, he conducted atutorial workshop on copyright and technical protectionmeasures at the Association of Computing Machinery SIG-GRAPH conference in San Antonio,Texas. In September,Profesor Burk participated in a workshop on digital rightsmanagement middleware for higher education, sponsored bythe National Science Foundation and the Coalition for Net-worked Information. He also presented a revised version of“Anti-Circumvention Misuse” at a faculty Works-in-Progressseries at the University of Minnesota.This paper, which healso presented in September at the 26th annual Telecommuni-cations Policy and Research Conference in Washington, D.C.,will appear in Volume 50 of the UCLA Law Review.Addition-ally, a book chapter entitled “Americans and Privacy:TheirOwn Safe Harbor?,” co-authored with Laura Gurak andDoreen Stark-Meyering, is forthcoming in an edited collec-tion of essays on the Pew Internet Project, to be published bySage Publications.

Ann M. Burkhart has been honored as the recipientof the 2002–2003 Julius E. Davis Chair in Law. ProfessorBurkhart was an invited participant at the Sino-AmericanForum on Chinese Property Law in Beijing in June.TheForum participants were professors, judges, and legislatorsfrom all parts of China, as well as three American propertylaw professors.The Forum’s purpose was to analyze China’snew draft property law code. Professor Burkhart recently hascompleted a journal article on the absence of a federal rightto housing and the fourth edition of the Black Letter on Proper-ty Law with Professor Roger Bernhardt.

Bradley Clary has completed work as a co-editor onthe proceedings book for the 2001 conference of the Associa-tion of Legal Writing Directors.West Group intends to pub-lish the proceedings as the first issue of the Journal of the Asso-ciation of Legal Writing Directors this fall. Professor Clary is alsoworking with co-author Pamela Lysaght of the University ofDetroit Mercy School of Law on a legal writing and analysistext. Professor Clary is currently serving a term on the gov-erning council of the Minnesota State Bar Association Appel-late Practice Section, for which he is newsletter editor. He isserving a term on the Communications Skills Committee ofthe American Bar Association Section Of Legal Education,and a term on the Executive and Moot Court Committees ofthe Association of Legal Writing Directors, where he is amember of the board of directors.

Laura Cooper has returned from Sweden where she

taught an Introduction to American Law at Uppsala Universi-ty to students from ten European countries and where shedelivered a lecture in Stockholm to the Swedish Associationof Comparative Law,“Choice of Law in the American States.”Professor Cooper was selected for induction into the Acade-my of Law Alumni Fellows of her alma mater, Indiana Univer-sity School of Law-Bloomington.

Mary Louise Fellowsrecently has been appointed asreporter for the Task Force onTransfer Tax Reform.This taskforce, which is sponsored bylegal, banking, and accountingprofessional groups, will bereporting to Congress and theU.S.Treasury Department on arange of issues raised by therepeal of the federal transfer tax.She also is co-presenting a paperwith Professor Beverly Balosentitled,“The Problem of Prosti-

tution:The Ideology of Consent,” University of California atBerkeley Law School in September. She published a third edi-tion of her co-authored casebook, Family Property Law earlierthis year. Finally, she continues to work on her Ph.D. inAnglo-Saxon and Medieval Literature at the University ofMinnesota.

Richard S. Frase wrote an entry on sentencingguidelines which appears in The Encyclopedia of American Law(2002). He also wrote an entry entitled “Criminal Punish-ments” for The Oxford Companion to American Law (2002). InMarch, Professor Frase presented a paper in the Law School’sWorks-in-Progress series, entitled “What Were They Think-ing? Fourth Amendment Unreasonableness in Atwater v. Cityof Lago Vista”. In June he made a presentation at an interna-tional sentencing conference held in Glasgow, Scotland.Thetitle of his talk was “Promises and Pitfalls of ComparativeSentencing Research.” In August, he participated in a panelcomparing federal and state guidelines systems, at the 2002Annual Meeting of the National Association of SentencingCommissions.

Daniel J. Gifford’s article “What is MonopolizationAnyway? The D.C. Circuit Grapples with Some PerplexingIssues” was recently published in the Antitrust Bulletin. Hispaper “Developing Models for a Coherent Treatment of Stan-dard-Setting Issues Under the Patent, Copyright and AntitrustLaws,” was selected for presentation at theOracle/ANSI/George Washington University Law SchoolSymposium on Patents and Standard Setting held last April.Professor Gifford, Professor Robert Kurdle of the HumphreyInstitute and Kevin Magnuson of Briggs & Morgan law firmworked together organizing a conference on Global AntitrustLaw and Policy which was held on September 20–21 in hon-or of just-retired Dean Tom Sullivan. Professors Gifford andKudrle presented a paper at that conference entitled:“AreEuropean and American Competition Laws Converging?”Later in September, Professor Gifford attended a meeting of

Mary Louise Fellows

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7Law Alumni News ❚ Fall/Winter 2003

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the Canadian Law and Economics Association where he pre-sented a paper entitled “Government Policy Towards Innova-tion in the United States, Canada, and the European Union,as Manifested in Patent, Copyright and Competition Laws.”He also chaired a panel on Government Policy Towards Inno-vation at the CLEA meeting. Finally, Professor Gifford has justcompleted a manuscript entitled The Antitrust/Intellectual Prop-erty Interface:An Emerging Solution to an Intractable Problem.

Jamie Grodsky was invited by the National Institutesof Health (NIH) to join the Working Group on Ethical,Legal, and Social Issues in Toxicogenomics, sponsored byNIH’s National Center for Toxicogenomics. She recentlyattended the Working Group’s first formal meeting in Washington, D.C.

Barbara Hauser wrote aloose-leaf treatise, InternationalEstate Planning:A Reference Guide,published in July by Juris Pub-lishing, Inc. She continues herterm as national representative ofthe United States for L’UnionInternationale des Avocats (UIA),and attended its GoverningBoard meeting in Brussels inJune.As an Academician of theInternational Academy of Estateand Trust Law, Hauser chaired anOxford debate at its Rome con-

ference on the subject of whether or not Utopia should enacta tax on the transfer of wealth (the international body oflawyers voted that it should, on policy grounds).While inRome she also made a presentation to the Italian Associationof Notarios, and was given a reproduction of one of the firstlaw books ever published. She wrote a law review article“Born a Eunuch: Harmful Inheritance Practices and HumanRights,” which is being published by the Minnesota Journal ofLaw and Inequality.As a Fellow in the American College ofTrust and Estate Counsel (ACTEC), she made a presentationon Family Offices at the annual meeting. She also gave aworkshop in Tokyo on “Americans Abroad:Tax and EstatePlanning” and spoke on “Cross-Border Wealth Transfers” inToronto at the annual AIMR conference. In September she ischairing a panel at AILA’s first Global Immigration Summit;speaking at the Notre Dame Estate Planning Institute; andparticipating in a panel at the IBA “Cross Border WealthTransfer Practice” conference in London. In October she willpresent two papers at the UIA Congress in Sydney, one oninternational tax aspects of trusts and one on discriminatoryinheritance laws. Her articles on “A Child’s ’Station in Life’:Inheritance Rights and Expectations” and “Family Gover-nance:Who,What and How?” were both published in Journalof Wealth Management. She was interviewed this summer byBloomberg Finance on the subject of leaving inheritances tochildren and the uses of trusts. The book she co-authored,“Mommy,Are We Rich?”:Talking to Children About FamilyWealth, was selected for the Financial Times online library.

Joan S. Howland spoke in July at the 2002 American

Association of Law Libraries Annual Conference on the topic“Creating Connections for Equity in the Information Age:Overcoming Age and Gender Bias in the Information Indus-try.” She will present a paper focusing on the issues associatedwith library services to American Indian communities at the2002 Minnesota Library Association Annual Conference. Pro-fessor Howland also will present a paper at the 11th NationalEquine Law Conference entitled “Recent Statutory, Regula-tory, and Case Law Developments in American ThoroughbredRacing Law.” She is Co-Chair of the 3rd InternationalIndigenous Librarians Forum to be held in Santa Fe, NewMexico in November, 2003. Professor Howland continues toserve on the American Bar Association Section on Legal Edu-cation and Admissions to the Bar Committee on Accredita-tion. She also serves as Treasurer and an Executive BoardMember of the American Indian Library Association. Sherecently completed an article with Nancy J. Lewis on theeffectiveness of law school legal research training programswhich will be published in the Journal of Legal Education.

William G. Iacono continues his work on the use ofpolygraph tests to detect lying.This year he is working with adoctoral student and Professor Eugene Borgida to evaluatehow juries weigh polygraph test outcomes when presented asevidence in a criminal proceeding. He also gave a symposiumpresentation on the scientific basis of polygraph testing at theannual meeting of the American Psychological Society.Thiscoming year he will be on leave.

Timothy R. Johnson won the American JudicatureSociety Award for his paper:“Passing and Sophisticated Votingon the U.S. Supreme Court” (with coauthors James F. SpriggsII, U.C. Davis, and Paul Wahlbeck, George Washington Uni-versity).This award is given annually for the best paper on lawand courts presented at the previous year’s meetings of theAmerican, Midwest, Southern, Southwestern, or WesternPolitical Sciences Associations. Johnson has completed hisbook manuscript, Oral Arguments and Decision Making on theU.S. Supreme Court, and it is currently under review. Duringthe past year Professor Johnson presented several papers,including “The Use of Presidential Capital in Supreme CourtNominations,” at the Midwest Political Science AssociationMeetings, and “Voting Fluidity and Supreme Court Confer-ence Discussions,” at the American Political Science Associa-tion Meetings.

Jane E. Kirtley was awarded a $9,728 Speaker andSpecialist Grant by the U.S. State Department for travel toNepal for a series of lectures, June 3–7. She also delivered apaper,“The FOI Project, with Thoughts on the EmergencySituation in Nepal” at a conference,“Freedom of Informationduring a State of Emergency,” in Kathmandu on June 5. Herarticle,“‘The Lonely Pamphleteer’ Redux,” appeared in theSummer 2002 issue of the ABA’s Torts and Insurance PracticeSection (TIPS) Committee News. She was co-author of an ami-cus brief filed in July in the California Supreme Court inDVD Copy Control Association, Inc. v. Bunner. She gave aspeech,“New threats to access to information in the wake of9/11” in honor of the Pennsylvania First Amendment Coali-tion’s 25th Anniversary at the Pennsylvania Press Conference

Barbara Hauser

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on May 16, in State College, PA. She delivered the openingaddress,“Secrecy and Security are not Synonymous” at theNational Freedom of Information Coalition’s 2002 Confer-ence on May 3, in Orlando, FL. On April 2, she appeared inthe College of Continuing Education’s "”Great Conversa-tions” series with Brian Lamb of C-SPAN, at the Ted MannConcert Hall. She delivered the keynote address,“HidingBehind National Security” at the First Amendment Forum,Southern Oregon University, on March 6, in Ashland, OR.She was a panelist at the following programs:“Will September11 Change the American Constitution?” moderated by Pro-fessor Arthur Miller at the ABA Annual Meeting in Washing-ton, D.C. on August 10, which was also carried live on C-SPAN;“Arresting Facts About Crime Coverage” at the Asso-ciation for Education in Journalism and Mass Communica-tion Annual Convention in Miami, FL on August 6;“TheElectronic Trail: Perils of Policymakers and Private Citizens”at the National Conference of State Legislatures AnnualMeeting “Summit for America” in Denver, CO on July 26;“The Role of the Press and the Judicial System,” with JusticeStephen Breyer, at the Inter American Press Association’sHemisphere Summit on Justice and Freedom of the Press inthe Americas, on June 21 in Washington, D.C.;“Ethics: Goingto Jail for Your Journalism” at the National Association of His-panic Journalists 20th Annual Convention in San Diego, CAon June 13;“Ethical Dilemmas Every Media Lawyer Encoun-ters” and “Balancing National Security Concerns with thePublic’s Right to Know” at the 15th Annual Seminar: Mediaand the Law 2002, in Kansas City, MO on April 19;“FOI andPrivacy” at the Virginia Press Association/Associated Press2002 Winter Conference in Roanoke,VA on March 15.

She moderated “The First Amendment in America Today:Can a 200-Year-Old Absolutist Right be Applied in the 21stCentury?” at the First Amendment Forum at Evergreen StateCollege, Olympia,WA on April 29. She was facilitator for“Hot Issues in Ethics” at the ABA Forum Committee onCommunications Law conference in Boca Raton, FL on Feb-ruary 15–16. She was one of two faculty for the “Freedom ofthe Press” seminar at the First Amendment Institute, Houston,TX on March 22–23. She appeared on the PBS news maga-zine, NOW with Bill Moyers, in “Secret Government: BehindClosed Doors,” which aired on April 5, and was interviewedby NPR’s Bob Edwards on “Morning Edition” on February14. She also appeared on MPR’s “Morning Edition,”“Mid-morning,”“Midday,” and “All Things Considered;”WisconsinPublic Radio, Jefferson Public Radio, and CBS Radio News;and on KSTP, KARE, and WCCO. She was widely quoted inthe news media, including in The New York Times, Los AngelesTimes, the Wall Street Journal’s Opinion Journal, Chicago Sun-Times, Fort Worth Star-Telegram, Charleston (W.Va.) Gazette, TheOlympian, Minneapolis Star-Tribune,The Advocate (BatonRouge, La.), Denver Post, Rocky Mountain News, Greenville(S.C.) News, Orlando Sentinel, Lakeland (Fl.) Ledger, Beaumont(Tex.) Enterprise, the Minnesota Daily, City Pages, Editor & Pub-lisher, Chicago Magazine, and Quill.

Robert Kudrle has worked with Professor Daniel Gif-ford and Kevin Magnuson, Minnesota Law School graduate

now with the Briggs and Morgan firm, preparing an interna-tional conference, Global Antitrust Law and Policy, which washeld September 19–21, 2002 to honor former Dean E.Thomas Sullivan. Professors Gifford and Kudrle presented apaper called “Are European and American Competition LawsConverging?”The conference proceedings are to be publishedin the Antitrust Bulletin. Professor Kudrle is also conductingresearch on tax havens and presented the paper “HegemonyStrikes Out:The U.S. Role in Antitrust,Tax Evasion, and Ille-gal Immigration” at the annual meeting of the InternationalStudies Association in March.A revised version of the paperwill appear in International Studies Perspectives.

Maury Landsman was appointed to the Vaughn Pap-ke Clinical Chair for 2002–03. He is completing research ona three-year longitudinal study of moral development andpublic interest choice in law students, trying to incorporatesome of the data from the original studies at Harvard byLawrence Kohlberg. Professor Landsman was a participant inthe following continuing legal education programs:“Conflictof Interest in Representing Entities and Employees” Ethics forIn-house Counsel, Hennepin County Bar Association;“Inter-viewing Techniques:”The State of Minnesota, Office of theLegislative Auditor;“Confidentiality and Privilege Issues inRepresenting Entities” Protecting Client Confidences, Min-nesota CLE “Conflicts of Interest and Disqualification” and“Dealing with Bias in the Courtroom” University of Min-nesota Law School Summer Continuing Legal Education. Hewas a panelist “Ethics for Administrative Law Judges” NationalAssociation of Administrative Law Judges, Midyear Education-al Conference, and made a presentation to Minnesota judgesand judicial candidates on the limits of campaign speech inthe light of Republican Party v.White.

John H. Matheson, in his role as Co-Director of theLaw School’s Kommerstad Center for Business Law andEntrepreneurship, spearheaded the development of the Min-nesota Multi-Profession Business Law Clinic at the LawSchool.The Multi-Profession Business Law Clinic provides aninnovative opportunity for students to learn and practicetransactional lawyering skills.The Clinic enjoys associationwith a leading law firm, Faegre and Benson, and an indepen-dent accounting/consulting firm, Lurie, Besikoff, Lapidus &Co. Both firms provide supervisory expertise to students inthe representation of clients.The multi-professional aspect ofthe Clinic makes it a truly unique approach to legal educa-tion, benefitting both law students and their entrepreneurclients. Offered as a full-year course, the Clinic allows studentsto enhance their skills in negotiation, drafting, and clientproblem-solving by exposing them to the wide array of issuessurrounding the creation of new businesses. In addition, Pro-fessor Matheson published three entries in the Encyclopedia ofAmerican Law (Facts on File 2002):“Insider Trading,”“Libertyof Contract” and “Securities and Exchange Commission.” Healso published an annual supplement to his Business Law Desk-book,Volume 20 of the Minnesota Practice Series, as well as anannual supplement to his Publicly Traded Corporations Treatise.Professor Matheson continues to serve as Director of Contin-uing Legal Education Programs for the Law School.

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Brett H. McDonnell had two papers published.One, entitled “Convergence in Corporate Governance Possi-ble, But Not Desirable,” appeared in the Villanova Law Review.The other, entitled “Banks and Venture Capital:Are the NewRules Too Tough,Too Weak, or Just Right?,” appeared in thefirst issue of Minnesota Joural of Business Law and Entrepreneur-ship, a new online journal published by the KommerstadCenter. He finished work on a joint paper with MelvinEisenberg,“The Theory of Overreliance.” He presented thepaper “Getting Stuck Between Bottom and Top: State Com-petition for Corporate Charters in the Presence of NetworkEffects” to a meeting of the Society for the Advancement ofSocio-Economics in Minneapolis in June.

Scott McLeod recently completed chapters on thelegal aspects of K-12 collective bargaining for the EducationLaw Association’s annual Yearbook of Education Law and for anew education law looseleaf service from Law Journal Press.In April 2002, Dr. McLeod received the William J. DavisAward from Division A of the American EducationalResearch Association for his article,“Flukes, Opportunities,and Planned Interventions: Factors Affecting Women’s Deci-sions to Become School Administrators,” which appeared inthe October 2001 issue of Educational Administration Quarterly.Upcoming publications include articles on the Zelman v. Sim-mons-Harris school voucher case in Catholic Education:A Jour-nal of Inquiry and Practice, on school district technology staffingand support in Scholastic Administrator, and on outsourcingschool district web sites in The School Administrator. InNovember 2001, Dr. McLeod gave several presentations at theannual convention of the University Council for EducationalAdministration, including a paper entitled “Personal and Sys-temic Factors that Influence the Administrative Implementa-tion of Special Education Laws and Regulations.” He alsogave two presentations at the April 2002 annual meeting ofthe American Educational Research Association:“PreparingSchool Administrators to Use and Facilitate the Use of Infor-mation Technology:A Study of Educational Leadership Pro-grams” and “Teaching Prospective School AdministratorsHow to Engage in Data-Driven Decision-Making.”

Dr. McLeod’s current funded initiatives include a grant fromthe North Central Regional Education Laboratory and theConsortium for School Networking to conduct a nationwidestudy of the ways in which school districts staff and pay fortheir technology support function and a grant from the Uni-versity of Minnesota to analyze state policy initiatives regard-ing the technological preparation of school administrators. Healso recently received $677,365 from the United StatesDepartment of Education FIPSE program to help support a$2.1 million project he is directing to prepare technology-lit-erate school administrators. Dr. McLeod’s other recent initia-tives include being the only higher education member of the2002 Microsoft 1:1 Leadership Commission, serving as theexternal evaluator for the sytems modeling design process forPequot Lakes (MN) Independent School District’s TechnologyLiteracy Challenge Fund grant, serving as the formal evalua-tor for the Hopkins School District’s online charrter high

school, and passing the Minnesota bar exam this summer.

WestGroup publishedGeorge Mundstock’spartnership taxation casebook, AUnified Approach to Subchapters Kand S, in February, followed bythe teacher’s manual in August.This new text already is in use ata number of other law schools,including Harvard and Michigan.Professor Mundstock now isworking on a paper for a confer-ence on the impact of interna-tionalization on accounting to beheld at the University of North

Carolina in February 2002, which paper is tentatively entitled“I Come to Bury FASB.”The brief to a Florida intermediateappellate court defending Professor Mundstock’s valuationtestimony in Engle v. RJR, where the jury awarded the plain-tiffs $145 billion in punitive damages from tobacco compa-nies, was filed in June.

Sharon Reich Paulsen has been appointed to theMinnesota State Bar Association Task Force on the AmericanBar Association Model Rules of Professional Conduct.Thecharge of the Task Force is to review the recently-amendedModel Rules and make recommendations regarding whetherthe new Model Rules should be adopted in whole or in partin Minnesota. Dean Paulsen also has been elected to theBoard of Directors at the MacPhail Center for the Arts.

William E. Scheuerman participated in a confer-ence on “Antiterrorism and the Law” at Princeton University,Center for Law & Public Affairs, in May, and earlier in theyear he lectured on globalization and legal theory at the Uni-versity of Frankfurt (Germany). During the fall semester, Pro-fessor Scheuerman’s articles will appear in the internationallegal theory journals Ratio Juris and Archiv Fuer Rechts-UndSozialphilosophie, as well as in Constitutional Commentary, editedhere at the University of Minnesota.An essay of the Septem-ber 11 terrorism attack,“Rethinking Crisis Government,” willappear in the December 2002 issue of the political theoryjournal Constellations.A number of articles also just appearedin edited volumes:“Unsolved Paradoxes—Conservative Politi-cal Thought in Adenauer’s Germany,” in Confronting MassDemocracy And Industrial Technology: German Political and SocialThought from Nietzsche to Habermas (Duke University Press,2002);“Global Law in our High Speed Economy,” in TheLegal Culture of Global Business Transactions (Hart Legal Pub-lishing, 2002);“Die politische Theorie der Eliten: JosephScumpeter,” in Politische Theorie Der Gegnwart (Stuttgart, Ger-many: UTB, 2002). During the academic year 2002–3, Profes-sor Scheuerman will be a Visiting Fellow at the Center forHuman Values, Princeton University.

Kathryn Sedo is the director of the Low Income Tax-payer Clinic at the University of Minnesota Law School. In

George Mundstock

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2002 the Clinic received grant in the amount of $100,000from the IRS. Currently there are 12 students enrolled in theClinic. Since January 2002, the Clinic has represented approx-imately 100 low income taxpayers who have controversieswith the IRS. In addition to the Tax Clinic, Professor Sedoalso teaches the Federal Tax Procedure seminar. ProfessorSedo is the current Vice-Chair of the Tax Council of the TaxSection of the Minnesota State Bar Association. She made apresentation at the Low Income Taxpayers Conference inMay, 2002, at American University in Washington, D.C. She isco-author of the Tax Trends column in Bench and Bar. Profes-sor Sedo received the 2001–2002 Clinical Teacher of the Yearaward this past May.

Steve Simon taught the Misdemeanor Defense andProsecution Clinic in the Spring of 2002. Professor Simonwas in court almost daily with his students. In April a defensestudent first chaired a jury trial under Professor Simon’ssupervision.The trial ended in a mistrial during the prosecu-tor’s opening statement after three days of jury selection.Aprosecution clinic student, assisting a small prosecutor’s office,is currently researching and will be drafting an appeal to theMinnesota Court of Appeals on a DWI forfeiture case.TheClinic provides legal research and writing to small prosecutor’soffices in Minnesota.This activity is a tremendous learningand practice opportunity for the students and a significantbenefit to small prosecutor’s offices. Professor Simon taught aclass on trial practice during the summer. He has been intro-ducing his trial practice students to the use of technology andvisual aids in litigation during the last three years that he hasbeen teaching this course. He is currently working with theLaw School’s Technology and Audio-video services staff per-son to introduce state of the art audio-visual and computertechnology into the law school’s courtrooms.

Professor Simon conducted Judicial Trial Skills Training Pro-grams at the law school for new Minnesota judges in January,February, March,April, May June and July. In April he taughtthe Judicial Trial Skills Training Program segment of the Gen-eral Jurisdiction Course at the University of Nevada. In Aprilhe taught a new evidence course at the week long judicialorientation program for new Minnesota judges.This course,developed by Professor Simon, was also offered at the Aprilsession of the General Jurisdiction course at the NationalJudicial College.Also, in April and May, he presented a newcourse he developed on Alcohol and the Intoxilyzer (theforensic device used to detect and measure the amount ofalcohol in a person’s body) at the education program for mid-career Minnesota judges and at the Judicial Orientation pro-gram for new Minnesota judges. In June Professor Simontaught a course on hearing management for the annualnational conference of Administrative Law Judges which washeld at the Law School. In August, Professor Simon received agrant from the Insurance Institute for Highway Safety to con-tinue the Time to Adjudication/DWI Recidivism researchthat he has working for the past several years.

Robin Stryker spent the 2001–02 academic year atthe Robert Schuman Center, at the European UniversityInstitute in Florence, Italy, where she held a Jean Monnet Fel-

lowship for her comparative research on west European wel-fare states, labor markets and politics.With Professor ScottEliason, her co-PI on this project, she gave numerous talksand research presentations from this project during the year.These included presentations at the University of Milan, theUniversity of Stockholm and the Max Planck Institute for theStudy of Societies, in Cologne. In June, 2001, Professor Stryk-er delivered the Presidential Address to the Society for theAdvancement of Socio-Economics, at its 13th annual confer-ence, held at the Faculty of Economics at the University ofAmsterdam. Her address, titled “It’s the Law:An Agenda forSocio-Economics,” will be published in a forthcoming issueof the Socio-Economic Review, from Oxford University Press.Professor Stryker also continues her research on the politics ofequal employment opportunity-affirmative law. From thisproject, she recently published articles titled “Disparate Impactand the Quota Debates: Law, Sociology and Equal Employ-ment Policies” (in the Sociological Quarterly, 2001) and “APolitical Approach to Organizations and Institutions” (inResearch in the Sociology of Organizations, 2002). Currently, sheis revising for publication her co-authored (with NicholasPedriana) article,“The Strength of a Weak Agency:The Trans-formation of State Capacity at the Equal EmploymentOpportunity Commission, 1965–1971.”With Professor Lau-ren Edelman, of the Jurisprudence and Public Policy Programat Berkeley, she is writing an invited chapter,“Law and theEconomy” for the 2nd Edition of the Handbook of EconomicSociology, funded by the Russell Sage Foundation.

E.Thomas Sullivan stepped out of the deanshipon July 7 after seven years as dean and was awarded theendowed Irving Younger Professorship. At graduation inMay, he received the Stanley V. Kinyon Teacher of the YearAward. During the summer he published the 2002 Supple-ment to his antitrust casebook, Antitrust Law, Policy and Proce-dure (with Professor Herbert Hovenkamp). In May, he wasinterviewed by WCCO 830 AM Radio on events at theUniversity and in the legal profession. He was on sabbaticalduring the fall semester serving as a Visiting Professor at theUniversity of California, Berkeley (Boalt Hall). In August,he was elected the Chair of the American Bar AssociationsSection on Legal Education and Admission to the Bar at theABA’s annual meeting.

Michael Tonry’s latest books: Ideology, Crime and Crimi-nal Justice:A Symposium in Honour of Sir Leon Radzinowicz(edited with Sir Anthony Bottoms) and Reform and PunishmentThe Future of Sentencing (edited with Sue A Rex) were pub-lished in June and July 2002 respectively. He gave a numberof public lectures during the spring of 2002.These includedan address at a British Society of Criminology/Institute forPublic Affairs conference in London in May 2002 on sen-tencing reform initiatives in England and Wales, a keynoteaddress at a symposium honouring Professor Peter J Tak at theUniversity of Nijmegen,The Netherlands in March 2002, anda lecture on capital punishment in the United States to theSwiss Society of Criminology meeting in Interlaken, Switzer-land in March 2002. He was appointed a member of theAmerican Law Institute working group on development of asecond edition of the sentencing and corrections provision of

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the Model Penal Code. His recent publications include“Criminology and Public Policy in the US and UK,” (withDavid A. Green), forthcoming in The Criminological Founda-tions of Penal Policy (Oxford: Oxford University Press 2003);“The Death Penalty in the United States,” in Zwischen Media-tion und Lebenslang—Neue Wege in der Kriminalit_tsbek_mpfurg(Chur/Zurich:Verlag RÅegger 2002);“Setting SentencingPolicy through Guidelines,” in Reform and Punishment:TheFuture of Sentencing, (Willan 2002); and “Reconsidering Sen-tencing In England and Wales,” (with Sue A Rex) in Reformand Punishment:The Future of Sentencing (Willan 2002).

Kevin K.Washburn who joined the faculty in lateJuly, was recently selected by Eighth Circuit Judge Diana E.Murphy, Chair of the United States Sentencing Commission,to serve on an advisory group to advise the Sentencing Com-mission on possible improvements in the application of thefederal sentencing guidelines to Native Americans convictedunder the Major Crimes Act. In July, Professor Washburntaught a course at the National Judicial College in Reno,Nevada, for tribal court judges and helped inaugurate theNational Tribal Judicial Center which will be housed at theNational Judicial College.

On April 22, 2002, David Weissbrodt addressed theUnited Nations Commission on Human Rights and present-ed his report as Chairperson of the U.N. Sub-Commission onthe Promotion and Protection of Human Rights. On July 29,2002, he completed his service as Sub-Commission Chairper-son, but continues as the U.S. member.The Sub-Commissionis comprised of 26 members from all over the world.Themembership of the Sub-Commission is allocated by region, sothat seven members always come from Africa, six come fromLatin America, six come from Asia, three from EasternEurope, and the remainder come from Europe and NorthAmerica.The Sub-Commission develops human rights legalstandards and engages in studies about path-breaking subjects.For example, members of the Sub-Commission are presentlystudying terrorism and human rights, the impact of globaliza-tion on human rights, the right to drinking water, etc. Duringsummer 2002 Weissbrodt presented his progress report as theU.N. Special Rapporteur on the rights of non-citizens. Healso drafted norms of responsibility of transnational corpora-tions and other business enterprises in regard to human rightswhich were provisionally adopted by the Sub-Commission’sWorking Group on the Working Methods and Activities ofTransnational Corporations.

During May and June 2002 Weissbrodt addressed the UnitedStates Committee on International Business in Washington,D.C., on human rights standards for businesses; he deliveredan address on the right to health as the Visiting Professor inthe Humanities at the Department of Medicine of the Hen-nepin County Medical Center; received the Max Sehamaward and gave the Seham lecture to the American Academyof Pediatrics, Minnesota Chapter; and taught a course onhuman rights and business at the Academy of European Lawin Florence, Italy. During Spring 2002 Weissbrodt published“International Criminal Justice Standards” in the Encyclopediaof Crime and Justice. He also published U.N. reports on human

rights and business as well as on the rights of non-citizens.

Susan M.Wolf was recently appointed to the EthicsCommittee of the American Society of Reproductive Medi-cine (ASRM), the lead policymaking body on reproductivemedicine in the U.S.; the Editorial Board of the Journal ofLaw, Medicine & Ethics; and the University’s Stem Cell EthicsAdvisory Board. In July the University’s Consortium on Lawand Values in Health, Environment & the Life Sciences, whichshe chairs, completed and submitted to the National Institutesof Health (NIH) a grant proposal to study the legal and ethi-cal implications of haplotype mapping of the human genome,especially the implications for racial and ethnic minorities.Over the Summer the Joint Degree Program on Law, Health& the Life Sciences, which Professor Wolf directs, added its19th degree option, a JD/MD program in cooperation withthe Medical School, and graduated its first students.The Con-sortium and Joint Degree Program will cosponsor nine eventsin 2002–03, mainly on problems in public health. ProfessorWolf ’s lectures this Fall include “The Role of Lawyers andEthicists in Medicine” at Harvard Medical School. She is cur-rently writing on genetic testing, bioethics in the courtroom,and reproductive technologies.

Judith T.Younger published “Post-Divorce VisitationFor Infants and Young Children—The Myths and the Psy-chological Unknowns,” in Family Law Quarterly (2002). Shemade a presentation on Antenuptial Agreements at the Min-nesota Comparative Family Law Symposium held at WilliamMitchell Law School on May 30, 2002, and is scheduled tospeak on the same topic at an intra-university dinner meetingin October of 2002. She is working on an article tentativelyentitled “Fiduciary Relations and the Family.” ■

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By Professor Miranda Oshige McGowan, Universityof Minnesota Law School.This is an excerpt of anarticle of the same name, which Professor McGowanco-authored with Professor James Lindgren of North-western University Law School.

The model minority stereotype com-monly portrays Asian Americans ashard-working, well-educated and smart,

and relatively well-off—a minority group thathas “made it” in America. It all began with twonews articles in 1966: the New York Times Maga-zine article,“Success Story: Japanese AmericanStyle” in January, 1966,1 and a U.S. News &World Report article in December of that year.2

Apparently trying to dispel the idea that Amer-ica was going to hell in a handbasket and tak-ing the American Dream with it, U.S. Newsproclaimed:“At a time when Americans areawash in worry over the plight of racialminorities–One such minority, the nation’s300,000 Chinese-Americans, is winning wealthand respect by dint of its own hard work.”3

Chinese Americans know that “people shoulddepend on their own efforts–not a welfarecheck–in order to reach America’s ‘promisedland.’”4 It had not been easy:“What you find,[in] back of this remarkable group of Ameri-cans, is a story of adversity and prejudice thatwould shock those now complaining about thehardships endured by today’s Negroes.”5

The New York Times Magazine also pointedlycontrasted Asian Americans’ triumphs withAfrican Americans’ tribulations. Japanese Amer-icans were their main example. Like AfricanAmericans, they suffered from extreme preju-dice: the government had forcibly internedJapanese Americans during World War II, fear-ing they would be disloyal agents of Japan, andwestern states had stripped Asian Americans ofthe right to own property before the war, ter-rified that Japanese American farmers wouldout-compete whites. Nevertheless, JapaneseAmericans were doing “better than any othergroup in our society, including native-bornwhites” by any measure.What’s more, they

“have established this remarkable record…bytheir own almost totally unaided effort. Everyattempt to hamper their progress resulted onlyin enhancing their determination to succeed.”6

The model minority stereotype returned in the1980s, sparked by reports of skyrocketing AsianAmerican college enrollment rates.A spate ofnewsmagazine articles played a familiar theme:Despite having endured severe discriminationin the United States,Asian Americans (not justChinese and Japanese Americans) have shownthemselves to be a startlingly successful minori-ty group, and their success was changing Amer-ican life and culture.“Asian-Americans havebecome prominent out of all proportion totheir share of the population.”7 Most notably,Asian Americans made a “spectacular”“entry…into the universities,”8 “crowd[ing]America’s top” schools.9 By the early 1980sAsian Americans made up “ten percent” of theentering Harvard class—“five times their shareof the population.”10 This high rate of AsianAmerican college enrollment was duplicated atelite colleges across the nation, newsmagazinesreported, and they are “outstanding” students,outscoring whites on the math portion of theSAT, winning the Westinghouse Science Talentsearch, and being elected to Phi Beta Kappa indroves.11 They also melded into American lifewith few troubles (except for a few exotic cul-tural anomalies that the articles recounted—ademand for bear parts for medicinal purposes, atradition of “marriage by capture” among theHmong, and a system of honor that glamor-ized suicide).12

Whatever problems Asian Americans did have,these newsmagazine articles were universallyoptimistic that they would fade with time.They also insisted that these problems be putinto perspective:“[I]t takes a very narrow mindnot to realize that [Asian Americans’] problemsare the envy of every other American racialminority, and of a good number of white eth-nic groups as well.”13 The negative comparison

Untangling the Myth of theModel Minority

Professor MirandaOshige McGowan

FACULTY ESSAY

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The Study—Is the Model Minority Stereotype A Modern,Politically Correct Spin on the Old “Yellow-Peril”?

My coauthor, Jim Lindgren of Northwest-ern University Law School, and I won-

dered whether positive, model minority stereo-types had seeped into the consciousness ofwhite Americans. If they had, we had threefurther questions: First, do these seemingly pos-itive beliefs coexist with fear and anxiety aboutAsian Americans? Second, do generally positivebeliefs about Asian Americans’ relative successin America blind whites to the fact that not allAsian American ethnic groups are equally suc-cessful? And third, do positive attitudes aboutAsian Americans evoke greater antipathytoward African Americans and toward affirma-tive action and other social programs designedto benefit African Americans? These claimsformed the core of the Asian Critical LegalScholars’ attack on the “Myth of the ModelMinority,” and we wanted to know whetherthere was an empirical basis for that attack.

With these questions in mind, we decided totreat the two-edged model minority stereotypeas a hypothesis and test it: Do positive views ofAsian Americans as smart, hard working, andrelatively successful tend to be found with oth-er positive or negative views of Asian Ameri-cans, immigrants, and African Americans? Ourinvestigation focused on several fronts. First, wewanted to know how non-Hispanic whiteAmericans see Asian Americans. Do they viewAsian Americans as a group as more intelligent,harder working, and richer than average? Ifwhites see Asian Americans in such superficial-ly positive terms, we wondered whether nega-tive opinions accompany these seemingly posi-tive beliefs, such as perceiving Asian Americansas unpatriotic, foreign, or inassimilable. Inrecent decades, the vast majority of immigrantshave come from Asia and Latin America. If themodel minority stereotype is really just cover-ing up white hostility to Asian Americans, peo-ple who hold model minority views might alsooppose immigration.We also wanted to probethe extent to which “model minority” beliefsengendered hostility toward or eroded sympa-thy for other minority groups. Do modelminority beliefs, for example, correlate withcertain opinions on affirmative action and gov-ernment assistance to various minority groups?

We used the General Social Survey (GSS) toexplore these questions.15 The GSS is a biannu-al survey of Americans that has been conduct-

Untangling the Myth of the Model Minority

with African Americans was explicit, the impli-cation obvious:Asian Americans had it as hardas African Americans, yet they show the Amer-ican Dream works for minority groups.What’swrong with African Americans?

The rhetoric used to tell these rosy tales casts asinister shadow over their depictions of AsianAmerican success.The image of Asian Ameri-cans “crowding” into universities might evoke apicture of teeming, undifferentiated immigrantmasses or of the “yellow hoarde” of the late-19th and early-20th Centuries.And AsianAmericans “crowding” into universities impliesthat they are crowding others out, particularlywhite students. Reciting exotic cultural prac-tices plays on past stereotypes of Asian Ameri-cans as the “yellow peril”—foreigners whoshare so little culturally with white Americansthat they threaten the social fabric of America.The media played on these fears in the 1980sand 1990s, blaming Japan for many of theUnited States’ economic woes, from the bur-geoning trade-deficit, to the demise of the U.S.auto industry, to the sale of Rockefeller Centerand other American landmarks to Japanese cor-porations. Michael Crichton’s best-seller, RisingSun, both captured and capitalized on fears ofJapanese domination of the United States.Thepicture drawn by these media stories is pro-foundly ambivalent—admiration giving way toanxiety and fear.

In recent years, a growing body of literature byAsian Critical Legal Scholars and by AsianAmerican social scientists has closely interrogat-ed the content and accuracy of the modelminority stereotype and critiqued how thestereotype has been deployed in the service ofvarious political causes.14 Asian Critical scholarsargue that the reported success of Asian Ameri-cans as a model minority has created a backlashagainst their perceived success.The stereotypeon this view masks white anxiety about andopposition to Asian immigration and immigra-tion more generally.The stereotype casts AsianAmericans as perpetual foreigners: an unpatri-otic people with an inhuman capacity for workand who cannot be assimilated fully into Amer-ican life. It is also untrue factually, these scholarscharge, and it obscures persisting discriminationagainst Asian Americans and the fact that AsianAmerican immigrant groups have not succeed-ed economically.Asian Critical scholars pointout that some have used the stereotype is alsoused as a cudgel against other minority groups.Asian Americans’ successes provide a reason todeny government assistance and affirmativeaction to Blacks and Latinos.

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14 Law Alumni News ❚ Fall/Winter 2003

Untangling the Myth of the Model Minority

ed since 1972 by the National OpinionResearch Center (NORC) at the University ofChicago.After the U.S. Census, the GSS is themost frequently used database by sociologists,and it is among the most respected.

In particular, we focused on a set of GSS ques-tions that allowed us to test several aspects theModel Minority Hypothesis—that positivestereotypes of Asian Americans are associatedwith and mask negative views about AsianAmericans, immigrants, and other minorities.Specifically, one module asks respondents sev-eral questions about various racial and ethnicgroups that we found pertinent to establishingthe positive side of the hypothesis.

1. Do you perceive (Asians, Hispanics, Blacks,Whites, Jews) as a group to be hard working orlazy (on a scale of 1 to 7, with hardworking being1 and 7 being lazy)?

2. Do you perceive (Asians, Hispanics, Blacks,Whites, Jews) as a group to be intelligent or unintelligent, on a scale of 1 to 7 with unintelligent being 1 and intelligent being 7?

3. Do you consider (Asians, Hispanics, Blacks,Whites, Jews) as a group to be rich or poor (on a scale of 1 to 7, with rich being 1 and poor being 7)?

We created two forms of the Model MinorityHypotheses, one called the “weak form,”according to which Asian Americans are favor-ably compared with other minority groups; theother called the “strong form,” according towhich Asian Americans are favorably comparedwith whites.

Model Minority Hypothesis—Positive SideWeak Form Test:

1.Asian Americans are more intelligent thanother minorities.

2.Asian Americans work harder than otherminorities.

3.Asian Americans are richer than otherminorities.

Model Minority Hypothesis—Positive SideStrong Form Test:

1.Asian Americans are more intelligent thanwhites.

2.Asian Americans work harder than whites.Although not a perfect fit, these questions par-allel the core of the model minority stereotypeon the positive side, that Asian Americans arehard working, highly educated, and relativelywell-off financially, at least as compared withother minorities.

The GSS respondents also answered questionsabout their opinions on various social issuesthat track the negative aspects of the ModelMinority Hypothesis.They answered questionsabout their attitudes toward Asian Americans,immigration, racial discrimination,AfricanAmericans, and affirmative action.The GSSpermitted us to to correlate responses to thepositive side of the Model Minority Hypothe-sis with responses to these other questions.

33%

42%

70%

20%

34%

0% 20% 40% 60% 80%

Percent Rating AsiansHigher Than Other

Minorities on Intelligence

Percent Rating AsiansHigher Than Other

Minorities on Hard Work

Percent Rating AsiansHigher Than Other

Minorities on Wealth

WEAK FORM:

Percent Rating AsiansHigher Than Whites on

Intelligence

Percent Rating AsiansHigher Than Whites on

Hard Work

STRONG FORM:

Chart 1: Strong and Weak Form of the Model Minority Hypothesis

Non-Hispanic Whites Rating Asian Americans Higher Than Whites or Higher Than Other Minorities

1990, 1994, 2000 General Social Surveys, n=1169-1829

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15Law Alumni News ❚ Fall/Winter 2003

that model minority beliefs are a modern,“politically correct” version of the fear of the“Yellow Peril.”The historical fear of AsianAmericans as the “Yellow Peril” was anti-Asianimmigrant at its core: white Americans fearedthat extraordinarily hard working Asian immi-grants would work harder and for less moneythan whites, putting whites out of jobs or run-ning white farmers out of business.We foundno evidence that similar, yellow-peril fearslurked beneath beliefs that Asian Americanswere harder working than whites or otherminorities.

On other measures of whites’ attitudes towardAsian Americans, we found no support for theworry that positive views about Asian Ameri-cans’ hard work, wealth, or intelligence cov-ered up more pernicious attitudes towardthem. Indeed, we found a fair amount of sup-port for the opposite conclusion.Three GSSquestions investigate respondents’ acceptanceof Asian Americans. First, the GSS asks,“In

Untangling the Myth of the Model Minority

Many Whites See Asian Americans asa “Model Minority”

First, we confirmed that many whites do seeAsian Americans as being a “model minori-

ty.” (See Chart 1.) Seventy percent of whitesrated Asians as wealthier than other minoritygroups, 42% responded that Asian Americanswere harder working than other minorities,and 33% thought Asian Americans weresmarter than other minority groups.17 A sub-stantial percentage of whites also rated AsianAmericans more favorably than whites, with34% responding that Asian Americans workedharder than whites, and 20% saying that AsianAmericans were smarter than whites.

But surprisingly, we found that the modelminority stereotype did not generally correlatewith hostility to Asians, immigrants,AfricanAmericans, or government programs toincrease opportunities for minorities.The datadid not generally confirm the critique of themodel minority stereotype advanced by AsianCritical scholars.We found that substantialnumbers of non-Hispanic white Americanshold the positive aspects of the model minoritystereotype and substantial numbers hold thenegative views that Asian Critical scholars areconcerned about. But these views tend to beheld by different people, rather than one viewaccompanying the other. Indeed, among thosewhites who perceive Asian Americans as harderworking than whites, we found that the ModelMinority Hypothesis was significantly rejectedfor nearly half of the variables we looked atabout Asian Americans,African Americans, andimmigrants.

Model Minority Beliefs Do NotCorrelate with Negative Viewstoward Asian Americans and Immigrants, and Indeed the Opposite is Often the Case.

In particular, whites who perceived AsianAmericans as harder working than whites

were significantly less likely to report that AsianAmericans were less patriotic than whites. (SeeChart 2.) We also found that whites who holdthe stereotype of Asian Americans as hardworking compared to whites tended to holdmore favorable views about immigrants andimmigration.They tended to believe thatimmigration was good for America’s economyand that it did not weaken our nation’s unity,and they also tended to favor increasing immi-gration to the United States.These results aresignificant, because they undercut the worry

60%

45%

56%

0%

10%

20%

30%

40%

50%

60%

70%

whites not rating Asians harderworking (n=381)

whites rating Asians harder working(n=165)

mean for all whites (n=546)

% rating Asian Americans less patriotic

Chart 2: Percentage of Non-Hispanic Whites Rating Asian Americans as Less

Patriotic Than Whites by Views on Asians Being Hard Working

1990, 1994, 2000 General Social Surveys, n=546

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general, how close do you feel towards Asians?” IfAsian Critical scholars’ suspicions are right,positive views of Asian Americans shouldaccompany fearfulness of Asian Americans orthe belief that Asian Americans are alien orforeign. But the data showed no relationshipbetween non-Hispanic whites’ feelings ofcloseness to Asian Americans and positivecharacterizations of Asian Americans aswealthier, more intelligent, or harder-working.

Second, the GSS asks whether respondentswould be willing to live in a neighborhoodthat was half-Asian American.Whites whobelieve that Asian Americans are harder work-ing than whites tend to be more not less posi-tive (77% to 68%) about living in half-AsianAmerican neighborhoods. Similarly, those whothink that Asian Americans are wealthier thanother minorities were also more likely to wantto live in a half-Asian American neighborhood(74% to 67%).We found that the other threepositive views of Asian Americans—that Asian

Americans are smarter than other minorities,that they work harder than other minorities,and that they are more intelligent thanwhites—are unrelated to the willingness to livein half-Asian American neighborhoods.Third,the GSS asks respondents whether they wouldfavor or oppose a close relative’s marriage to anAsian American. Results showed the same pat-tern as in the neighborhood question—either apositive relationship or no relationship between“model minority” beliefs about Asian Ameri-cans and feelings of acceptance of them.

Model Minority Beliefs and Attitudes towards African Americansand Affirmative Action

Asian Critical scholars are certainly correctthat the media and some scholars have

sometimes used Asian Americans’ relativesocioeconomic success to chide African Ameri-cans and to increase opposition to affirmativeaction and government assistance for AfricanAmericans.We wanted to know, however,whether these arguments have persuadedwhites—is there a link among beliefs that AsianAmericans are smart, hardworking, and rela-tively rich and increased opposition to affirma-tive action and government programs to aidAfrican Americans? That is a testable hypothe-sis; we examined fourteen GSS questions thatconcerned African Americans and their corre-lation with model minority views about AsianAmericans.

The strongest confirmation for Asian Criticalscholars’ concerns was found in attitudesamong whites who think Asian Americans aresmarter than other minorities. Such respon-dents were more likely to oppose living in aneighborhood that was half-African Americanand more likely to oppose a close relative mar-rying an African American.

Among those whites who rate Asian Americansas harder working than whites we found a dif-ferent, more positive pattern.We found no cor-relation between thinking Asian Americanswork harder than whites and wanting to live ina half-Black neighborhood; and we found thatsuch whites were less likely to object to theirclose relative marrying an African American.Those who saw Asian Americans as harderworking were also less likely to think thatAfrican Americans were too demanding orpushy, and more likely to oppose segregatedneighborhoods, and laws against racial inter-marriage.These latter two issues involve someof the strongest effect sizes in this study, eachrejecting the Model Minority Hypothesis. For

16 Law Alumni News ❚ Fall/Winter 2003

Untangling the Myth of the Model Minority

14%

22%

15%

22%

14%

20%

15%

19%

13%

20%

0% 5% 10% 15% 20% 25%

Asians Do Not Work HarderThan Whites

Asians Work Harder ThanWhites

Asians Not Smarter ThanWhites

Asians Smarter Than Whites

Asians Do Not Work HarderThan Other Minorities

Asians Work Harder ThanOther Minorities

Asians Not Smarter ThanOther Minorities

Asians Smarter Than OtherMinorities

Asians Not Richer ThanOther Minorities

Asians Richer Than OtherMinorities

% Believing That Asians Not Discriminated Against in Jobs

Chart 3: Non-Hispanic Whites Believing Asian Americans Not Discriminated Against

at all in Jobs by Views on Asians 1990, 1994, 2000 General Social Surveys, n=526-534

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all other questions about African Americans,we found no significant relationships.Therewas no correlation between positive viewsabout Asian Americans and opposition to affir-mative action for African Americans inemployment, thinking African Americans gottoo much government attention, spending onschools in black neighborhoods, college aid forAfrican Americans, tax breaks for black neigh-borhoods, whether conditions for AfricanAmericans have improved, and perceptions thatAfrican Americans face discrimination inemployment and housing.

Whites Who Think Asian AmericansAre a Model Minority Are LessLikely to See Discrimination againstAsian Americans, but They Still Support Greater Government Assistance for Asian Americans

We did find one significant confirmationof the Model Minority Hypothesis.

Those who hold positive views of Asian Amer-icans as hard working or intelligent do indeedtend to believe that there is less discriminationagainst Asian Americans in jobs and housing,just as the Asian Critical scholars contend. (SeeChart 3.) We do not know why this is the case,and the data only hint at reasons. It might bethat Asian Americans’ apparent socio-economicsuccess appears inconsistent with persistentracial discrimination. Our finding that modelminority beliefs about Asian Americans corre-late with the perception that African Ameri-cans suffer from employment and housing dis-crimination lends support this explanation.Whatever the cause, to the extent that racialdiscrimination continues to suppress theopportunities of Asian Americans, more effortneeds to be focused on defining and combat-ing this problem.18

Somewhat counter-intuitively, however, we alsofound that people who hold model minorityattitudes about Asian Americans are not morelikely to oppose government programs to helpAsian Americans. In fact, whites who thinkAsian Americans are harder working thanwhites tend to believe that Asian Americansshould have more influence in American life.They also tend to think that the governmentdoesn’t pay enough attention to the needs ofAsian Americans.

These results are notable for a few reasons.First, the GSS questions lump all Asian Ameri-cans together.The questions do not distinguishmore recent immigrants from more established

Asian Americans or American-born AsianAmericans.That a sizable proportion of thosewho responded that Asian Americans get lessattention than they deserve also believe thatAsian Americans work harder than whites sug-gests that the reported success of some AsianAmerican groups doesn’t necessarily under-mine the claims of other Asian Americans forincreased government assistance or blindwhites to their needs.

Second, among those who believe that Asianswork harder than whites, the perception thatAsian Americans need greater governmentattention does not appear to be based in anotion of desert–that those who work hardshould be rewarded by increased governmentsupport; and those that do not work as harddeserve less government help. For example,believing that Asian Americans work harderthan whites does not appear to make whitesless sympathetic to African Americans’ need forgreater government assistance. Put slightly dif-ferently, the belief that some Asian Americanshave “pulled themselves up by their own boot-straps” does not necessarily accompany theview that all groups should do the same or awholesale belief in the American dream ofhard work leading to just rewards.

We draw three main conclusions from ourdata. First, the data do not confirm the hypoth-esis that non-Hispanic whites who hold posi-tive model minority-type views fear or holdnegative opinions about Asian Americans orabout immigration more generally. Put differ-ently, we found no evidence that modelminority beliefs are a modern, politically cor-rect version of the fear of the “Yellow Peril.”Second, the belief among non-Hispanic whitesthat Asian Americans work harder than otherminorities does not correlate with increasedantagonism toward government assistance forAfrican Americans or opposition to affirmativeaction.We interpret this result as inconsistentwith the notion that model minority attitudessustain or complement a facile faith the Ameri-can Dream.The data simply do not supportthe thesis that people who hold model-minor-ity beliefs generally think that all minoritygroups must pull themselves up by their ownbootstraps. Third, our results do confirm onevery important aspect of the model minoritycritique—people who hold model minorityviews are indeed less likely to believe thatAsian Americans are the victims of discrimina-tion in employment or housing.

Our findings are somewhat encouraging inthe sense that they suggest that some whites

17Law Alumni News ❚ Fall/Winter 2003

Untangling the Myth of the Model Minority

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who perceive differences among racial andethnic groups do not necessarily equate “dif-ferent” with “bad”— “different” can be con-sidered good.

But at the same time our results do not shakeour basic conviction that ethnic or racialstereotyping in any form is wrong.Whetherpositive or negative, the model minoritystereotype is still no exception to this generalconclusion: Racial and ethnic stereotypingtends to dehumanize its subjects, effaces indi-viduality, and asserts a power to ascribe charac-teristics to others, which they may not ascribeto themselves.The model minority stereotypeascribes characteristics to an individual that shemay not possess in reality and creates expecta-tions that may not be justified in her particularcase. By doing so, the model minority stereo-type circumscribes an individual’s capacity forself-creation and definition. ■

FOOTNOTES

1.William Petersen, Success Story, Japanese-AmericanStyle, N.Y.Times Mag., Jan. 6, 1966, at 20.

2. Success Story of One Minority Group In the U.S.,U.S. News & World Report, Dec. 26, 1966, at73, 73 reprinted in Roots:An Asian AmericanReader 6, 6 (Amy Tachiki, et al., eds., 1971).

3. Id.

4. Id.

5. Id.

6. Id.

7. Id.

8. David A. Bell, The Triumph of Asian-Americans, TheNew Republic, July 15 & 22 1985, at 26.

9.Anthony Ramirez, America’s Super Minority, For-tune, Nov. 24, 1986, at 148, 148–49.

10. The New Republic, July 15 & 22 1985, at 26.

11. Id.

12. Id.

13. Id.

14. See for example, Frank Wu,Yellow (2002); PatChew,Asian Americans:The “Reticent” Minorityand Their Paradoxes, 36 Wm. & Mary L. Rev. 1,24 (1994).

15. Readers interested in the General Social Surveymay visit http://www.norc.org/projects/gensoc.aspto learn more about the study and its surveymethods and to examine GSS questions.

16. Questioners asked separate questions about eachindividual group. Respondents did not comparegroups to each other.

17.All results reported here were statistically signifi-cant to at least a <.05 confidence level.

18. In our opinion, the answer to whether AsianAmericans’ employment opportunities are sup-pressed by racial discrimination is a complicatedone, and one we may investigate further in futurework. Our preliminary research using federaloccupational data suggests that, when education iscontrolled for,Asian Americans may hold some-what higher prestige jobs than white Americans,but may get somewhat lower income returns foreducation than do white Americans. ■

18 Law Alumni News ❚ Fall/Winter 2003

Untangling the Myth of the Model Minority

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19Law Alumni News ❚ Fall/Winter 2003

New Faculty atthe Law SchoolBy Joel Hoekstra

Dean Alex M. Johnson Jr. isn’t the onlynew addition to the Law School facul-ty. Several new faculty and a new

librarian, with roots in such wide-rangingplaces as Oklahoma, Long Island, and Tel Aviv,also have joined the school’s roster of academic talent.

OREN GROSS has spent the past six years asan Associate Professor of Law at Tel Aviv Uni-versity.Additionally, he has served as a VisitingProfessor, Scholar, and Research Fellow at anumber of other institutions, including theBenjamin N. Cardozo School of Law in NewYork, the Queen’s University in Belfast, andthe Max-Planck-Institute for International andPublic Law in Heidelberg. He holds an LL.B.from Tel Aviv University and an LL.M. andS.J.D. from Harvard Law School.

At Minnesota, Gross will teach courses ininternational business transactions and interna-tional trade law. His research interests alsoinclude national security law—a hot topic inthe wake of World Trade Center attacks. ButGross, a former senior legal advisory officerwith the Israeli Defense Forces, which handledlegal matters in the Palestinian Territoriesbefore the Oslo accords, has an internationalperspective on so-called states of emergency.Israel, Germany, the United Kingdom, andeven the U.S., he notes, are among the nationsthat in recent years have been accused of abro-gating the law in the name of national emer-gency.“September 11 is a stark example forAmerica, because it captured our imaginationsand hearts in a striking event,” Gross says.“Butmany of the legal problems associated with a‘national emergency’ were there before.”

Gross practiced commercial real estate for ayear with the New York firm of Sullivan andCromwell before deciding on a career in teach-ing.“The intellectual challenge and research”were attractive about the job, as was the inter-

action.“Perhaps it’s the frustrated actor in me,”Gross says.“I love interacting with a crowd, andwe professors have a captive audience.”

He is joined in Minnesota by his wife, Fionnu-ala Ni Aolain, a law professor, and their son.

ROBIN ANN WILLIAMS, who earned herJ.D. from the Law School in 1993, returns thisyear to teach in the Civil Practice Clinic. Onleave from her work as an attorney at the Min-neapolis firm of Bassford, Lockhart,Truesdell &Briggs, where she has focused on employment,professional liability, insurance coverage, andhousing law cases, Ms.Williams says she isdelighted to be back at her alma mater—albeit,as teacher rather than student.“I see it as aonce-in-a-lifetime experience,” she says.

Ms.Williams is not without prior experienceas a classroom instructor. In addition to herwork at Bassford, Lockhart, she served for fouryears as an Adjunct Professor at WilliamMitchell College of Law in St. Paul, teachinglegal writing and critiquing students’ oral per-formance. In addition to the intellectual rigorsthat teaching provides, she appreciates theopportunity to interact with students.Theircreativity, questions, and appetite for challengesserve to stimulate her own intellect, she says.

Born and raised in New Mexico, Ms.Williamstook an interest in law early on (“I’ve alwaysthought I was going to be a lawyer,” she says),and chose Minnesota because of its highly-ranked reputation.The Twin Cities, she found,suited her, and she took a job with the LegalAid Society of Minneapolis upon graduation.The job allowed her to represent low-incomeclients and provided her with a sense of “beinga mechanism for social change,” she says, but itdidn’t help pay off her student loans. In 1998,she joined the roughly 35 attorneys at Bass-ford, Lockhart, where the work is no less inter-esting:“One day I’m going to do a depositionof a medical doctor, and the next day I can be

Oren Gross

Robin Ann Williams

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20 Law Alumni News ❚ Fall/Winter 2003

reading insurance documents,” she says.

In her spare time, Ms.Williams likes to cycle,decorate cakes, and walk her dog, a New-foundland named Daisy.

CONNIE LENZ, like many a law student,spent much of her first year at the Universityof California, Berkeley, laboring amid the stacksof the law library. But the experience provedless grueling than formative:“I often foundmyself chatting with the librarians,” she recalls.In time, Lenz graduated from Berkeley withJ.D. and M.L.I.S. degrees.

Named last spring as the Law School’s Associ-ate Director for Collection Development, Pro-fessor Lenz is now responsible for the growthof what she calls “one of the finest academiclaw libraries in the United States.” In additionto ensuring that the Law School collectiondevelops in a manner that supports the researchneeds of faculty and students, she also mustshape the collection to augment the school’scurriculum and to serve as a resource for thelocal, national, and international legal commu-nity.“It’s a wonderful collection here,” ProfessorLenz says.“But as a librarian, you want to makesure you keep up with developments in theevolution of law and in the research interests ofthe faculty.”

Professor Lenz had considerable background inanticipating and responding to such needs. Sheworked as a Collection Development/Refer-ence Librarian at the University of Michiganfor several years before returning to her nativeNew York to take a position at Hofstra Univer-sity.There, she worked for more than sevenyears, first as head of public services and, mostrecently, as Assistant Director of the Dean ofthe Law Library, Minnesota’s collection, as wellas its international resources and its rare-bookholdings, made the move to Twin Cities attrac-tive to Lenz.“I really wanted to return to alarge research university environment,” she says.She, her husband, Scott Lenz, and their son,Aaron, are currently restoring an arts-and-craftsbungalow and waiting for the cross-country skiseason to begin.

RUTH OKEDIJI specializes in internationalintellectual property. Currently teaching con-tracts, intellectual property (IP), employment,and cyberspace law at the University of Okla-homa, Norman, she will take up full-time resi-dence in Minnesota next spring. She holdsdegrees from the University of Jos Law School,Nigerian Law School, and Harvard University,and has published widely on such subjects as

human rights, gender and race, and public wel-fare. She is also a coauthor of the forthcomingbook, Copyright in a Global Information Economy.

IP, Professor Okediji says, not only shapes thedevelopment of today’s technology and globalmarkets, it’s also increasingly a tool of interna-tional diplomacy. Knit together by the WorldTrade Organization pacts, the United Statesand other nations are prone to use IP as aleveraging instrument.

Studying several trade disputes, ProfessorOkediji has determined that international poli-cy objectives often play a significant role indetermining whether governments submitcomplaints to the WTO and its mandatory sys-tem of adjudication of disputes. Most nationsweigh their other multiple interests before tak-ing matters before the WTO, she says:“TheU.S., for example, is unlikely to take Pakistanto the WTO for anything right now because ofthe alliance we have with them in the War onTerror.We’re more likely to try to resolvethings informally as opposed to using the sys-tem.We’re not going to create a situationwhere disputes over intellectual property dis-rupt otherwise stable cooperative relationshipsbetween us and another country.”

Professor Okediji, who spent the Fall 2001term at Minnesota, says her students will exam-ine this issue and others in the international IPclass she teaches spring semester.Additionally,she’ll instruct students in trademark law.

Her husband, economist Tade Okediji, hasbeen awarded an appointment at the U’sHumphrey Institute.

KEVIN WASHBURN, after obtaining hisJ.D. at Yale University, clerked for JudgeWilliam C. Canby Jr., a member of the U.S.Court of Appeals for the Ninth Circuit and amember of the Class of 1956. Judge Canbyprovided Professor Washburn, an Oklahoman,with his first impressions regarding Minnesotaand the Law School.This fall, Professor Wash-burn availed himself of an opportunity for anup-close view: He will teach courses on Indianlaw, property, and federal prosecutions duringthe 2002–03 academic year.

Prior to joining the Law School faculty, Profes-sor Washburn served as General Counsel of theNational Indian Gaming Commission and, forthree years, as a Federal Prosecutor in NewMexico.As a member of the Department ofJustice, he primarily handled violent crimesarising in Indian country. Despite the some-

New Faculty at the Law School

Connie Lenz

Ruth Okediji

Kevin Washburn

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21Law Alumni News ❚ Fall/Winter 2003

times depressing nature of the cases,Washburndescribes his time in New Mexico as fun:“Onany given day I might be in court—which wasalways exciting—or I might be driving acrossthe desert in a four-wheel drive vehicle withan FBI agent and looking for a witness.”

Professor Washburn’s interest in Native Ameri-cans, their welfare, and their treatment underthe law is fueled in part by his own back-ground: He’s a member of the ChickasawNation of Oklahoma. (His wife, attorney LibbyWashburn, is Chickasaw too.) Growing uppoor and Indian and then working for the

government,Washburn says, gave him a first-hand perspective on problems that native peo-ples face in American courts.“The U.S. gov-ernment provides a number of services to Indi-ans,” he says.“But in the area of one service,criminal justice, the government has failed tointegrate Indian traditions, education, and con-cepts of justice with its own way of doingthings,” Professor Washburn says. He hopes thatteaching, unlike practicing law, will allow himtime to develop his theories on the inequitiesof the system and probable solutions. ■

New Faculty at the Law School

SUPER CLEMonday, March 17

“Objections at Trial, 2003, and How to Deal with the Difficult Lawyer”Judge Myron Bright, United States Court of Appeals, Eleventh Circuit (Fargo, ND)

Professor Ronald Carlson, University of Georgia School of Law (Athens, GA)

Tuesday, March 18“Successful Deposition Practice”

Professor David Sonenshein, Temple University Beasley School of Law (Philadelphia, PA) Howard Bruce Klein, Esq., Principal, Law Offices of Howard Bruce Klein; Director,

AILTO/ALI-ABA In-House (Philadelphia, PA)

Wednesday, March 19“Supreme Court Update”

Professor Charles Whitebread, USC Law School (Los Angeles, CA)

Thursday, March 20“Corporate and White Collar Crime”

Professor Angela J. Davis, American University, Washington College of Law (Washington, DC)

Friday, March 21“Recent Developments in Bankruptcy Law”

Professor Robert Zinman, St. John’s University School of Law (Jamaica, NY)

All of the seminars will be held at the University of Minnesota Law School. For more information, contact the Law School Continuing Legal Education office: [email protected] or (phone) 612-625-6674 or (fax) 612-625-2011.

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22 Law Alumni News ❚ Fall/Winter 2003

By Joel Hoekstra

Alex M. Johnson, Jr. first set foot on the Uni-versity of Minnesota campus in June 1980,recruited by Law School Dean Robert Stein

to fill a tenure track teaching position. Nowensconced in Dean Stein’s old office suite overlook-ing the West Bank, Dean Johnson chuckles a bitwhen he thinks of his erstwhile students from Min-nesota—many of whom have gone on to becomesuccessful attorneys, judges, and public servants:“Right now, they’re probably saying, ‘Hey, c’mon.That guy can’t be the dean!’”

But this summer, Dean Johnson was installed as theninth dean in Law School history. He emerged asthe top candidate after an intensive national searchprocess, and his appointment was approved by theBoard of Regents at their June meeting. Dean John-son replaces E.Thomas Sullivan, who returned to afaculty position after seven years of service as LawSchool Dean.

“Alex Johnson is a nationally renowned legal educa-tor, with strong academic and administrative creden-tials,” President Mark G.Yudof said of the appoint-ment.“We are fortunate to be able to recruit a per-son of his extraordinary ability to the University of Minnesota.”

Dean Johnson recalls with fondness his early days as a teacher at Minnesota. But it’s the resume he hasbuilt outside of the Twin Cities over the past twentyyears (he left in 1982) that ultimately won him theLaw School job: His experience as an academic andadministrator is broad-ranging. He has publishednumerous articles in law journals on such subjects as modern real-estate law and critical race theory.He has taught at the law schools of Stanford,Loyola,Washington University, and the University of Texas. Most recently, he served as Vice Provost for Faculty Recruitment and Retention at the University of Virginia.

Agent for Change

“…I am honored to be the ninth dean of this law school because this iswhere I began my academic career…”

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23Law Alumni News ❚ Fall/Winter 2003

Bob Stein, now Executive Director of the AmericanBar Association in Chicago, describes Dean Johnsonas a good fit for Minnesota and the University.“He’snot a shouter, a person who postures,” Stein said ofAlex Johnson in a recent interview with the St. PaulPioneer Press.“He’s a person of many parts, and he’sable to bring them together in a very natural way.”

In fact, Dean Johnson characterizes himself as some-one who is eager to listen to other people, discoverwhat makes them tick.“By and large, law is a peo-ple-oriented business,” he says.“You can’t do law ifyou don’t get along with people.”

Academic Talent,Administrative Skills

Anative Californian, Dean Johnson grew up insouth central Los Angeles.At an early age, he

developed an interest in civil rights, and his heroesincluded the Rev. Martin Luther King, Jr. andSupreme Court Justice Thurgood Marshall.Teachinginterested him as a career track, but midwaythrough high school, Dean Johnson instead decidedto pursue an education in law.“First I wanted to bea teacher.Then I wanted to become a lawyer,” herecalls.“And by some happy coincidence, I got tobe both.”

Dean Johnson enrolled at Princeton University, buttransferred after his sophomore year to ClaremontMen’s College (now Claremont McKenna), locatedjust outside his hometown, in order to be closer tofamily. Graduating magna cum laude in 1975 with abachelor’s in political science, he went on to studylaw at the University of California. He obtained hisJ.D. in June of 1978, and the following fall went towork as an Associate with the Los Angeles firm ofLatham & Watkins.

New Dean Alex Johnson Hopes to BoostDiversity, Giving, and Faculty Salaries

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His interest in teaching remained, however, andwhen happy coincidence brought an invitation fromDean Stein to teach at Minnesota, he jumped at thechance.The two-year stint left him even more sureof his talents as an instructor.Though Dean Johnsonbriefly returned to private practice in Los Angeles,he set his long-term sights on an academic job: ByJanuary 1984 he had won a position as AssistantProfessor of Law at the University of Virginia. John-son and his wife, Karen Anderson, settled in Char-lottesville, a small, but charming town near Jeffer-son’s Monticello in the heart of Virginia.

Over the next decade, Johnson honed his teachingand research skills, both as a member of the VirginiaLaw School faculty and as a visiting professor at anumber of other institutions. By 1995, however, hewas ready for a new challenge: He accepted anappointment as Vice Provost for Faculty Recruit-ment & Retention at Virginia. Over the next sevenyears, he significantly increased funds for diversify-ing the faculty.“Unfortunately we were so success-ful at raising dollars and attracting minority faculty,that the Virginia faculty has been raided in recentyears by other schools,” he says.Additionally, herevised the school’s tenure and promotions policiesand improved its record of accommodating academ-ic couples, extending hiring preferences to spousesof Virginia faculty members whenever appropriate.

“I found administration to be rewarding, and I hadsome gift for it,” Johnson says.“I enjoy solvingproblems and working through issues. So, after sevenyears, I thought the next logical step would be tobecome a dean.”

24 Law Alumni News ❚ Fall/Winter 2003

“Alex Johnson is a nationally renowned legal educator, with strong academic and administrative credentials.”

—President Mark G.Yudof

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A Good Fit

His decision to take the helm at Minnesota waseased by a number of factors: First, he was

familiar with the place; second, Dean Sullivan hadfurther strengthened the school’s reputation andresources during his tenure (“I’ve got big shoes tofill,” Dean Johnson acknowledges); and finally, hiswife approved of the move.“We’d often talkedabout the places we could live,” he explains.“Weknew we couldn’t move back to a big city like LosAngeles, and Charlottesville sometimes seemedsmall. So Minneapolis seemed like a good fit.”

His agenda for the Law School is still taking shape,and Dean Johnson is quick to note that he’ll spendmuch of his first year listening to student, facultyand alumni concerns and trying to discern his pri-orities.Already, however, he has identified severalissues he plans to tackle.

• Faculty recruitment:“The non-clinical faculty isabout the same size as it was 20 years ago when Ileft Minnesota.We’ve got to reduce the faculty-student ratio by increasing the total number offaculty. Plus we have to make a greater variety ofcourses available.”

• Student diversity:“The University has done agood job of recruiting diverse faculty, but thenumber of underrepresented students in theincoming class is less than it was in the early ’80s.We have to do better at recruiting underrepre-sented students.”

• Scholarship funding:“It’s no longer just a need-based financial-aid world.You’ve got to haveresources to attract the best students.”

• We need additional resources to maintain thequality of our world-class law library.

But Dean Johnson also notes that Minnesota is sec-ond only to Virginia in alumni financial support.“Alumni view this school as their school, and they’reproud of it,” he says.“I can only hope that at theend of my tenure they’ll look back and say, ‘Hehelped to make the place better.’” ■

25Law Alumni News ❚ Fall/Winter 2003

“…I look forward to getting to know you andworking with you duringmy tenure to achieve myvision.”

—Dean Alex Johnson

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CampaignMinnesota:

The LawSchool’s Next

CenturyThe University of Minnesota Law

School celebrated the success of thecapital campaign at its annual

William B. Lockhart Club banquetMay 22, 2002 at the McNamara

Alumni Center. The Law School’s capi-tal campaign raised more than $50.5million—68 percent above its goal of

$30 million. Two OutstandingAchievement Awards also were pre-sented during the ceremony and thevideo “The Dedication of Walter F.

Mondale Hall” was premiered.

26 Law Alumni News ❚ Fall/Winter 2003

CampaignMinnesota:

The LawSchool’s Next

CenturyThe University of Minnesota Law

School celebrated the success of thecapital campaign at its annual

William B. Lockhart Club banquetMay 22, 2002 at the McNamara

Alumni Center. The Law School’s capi-tal campaign raised more than $50.5million—68 percent above its goal of

$30 million. Two OutstandingAchievement Awards also were pre-sented during the ceremony and thevideo “The Dedication of Walter F.

Mondale Hall” was premiered.

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27Law Alumni News ❚ Fall/Winter 2003

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CE

The University of Minnesota Outstanding Achievement Award wasbestowed on two Law School alumni

28 Law Alumni News ❚ Fall/Winter 2003

Clinton A. Schroeder, Class of 1955, has adeep respect and devotion for the workof the University and is one of the

most dedicated alumni whom the Universityhas been able to call one of its own. He is aprincipal in the law firm Gray Plant Mootyand he is one of the foremost authorities in thecountry on tax planning and philanthropy. Hisareas of expertise are charitable giving, taxes,and wills and trusts administration. He also hasspent more than 30 years directly representingthe poor and leading the legal community’sefforts to fund legal services. Mr. Schroedergraduated from the University of MinnesotaCarlson School of Business Administration witha B.B.A. degree, with distinction, and a J.D.degree from the Law School in 1955.While inLaw School he was an editor of the MinnesotaLaw Review. He joined the law firm Gray,Plant, Mooty, Mooty & Bennett in 1957, afterhaving been discharged from the U.S.Army. In1981, he received an honorary Doctor of Lawsdegree from Concordia College.

Elliot S. Kaplan, Class of 1961, is one ofMinnesota’s leading and most highlyrespected lawyers. Uniquely, he is both a

litigator and transaction lawyer. He has a pas-sion for fairness and justice for all members ofour society. Mr. Kaplan received a B.A. degreein Business Administration from the Universityof Minnesota, and is a 1961 graduate of theUniversity of Minnesota Law School, where hegraduated with honors. He is a named partnerof Robins, Kaplan, Miller & Ciresi. He hasserved for numerous years as a member of thefirm’s Executive Board and as its Chairmanfrom 1987 to 1995; he also served as chair ofthe firm’s Business Litigation Department from1970 to 1992. He has been engaged in severalrecent philanthropic and civic events, includ-ing: Chairman of the University of MinnesotaLaw School Capital Campaign which raisedover $50 million, $20 million over the goal,Chairman of the 1999 Juvenile Diabetes Ballwhich raised approximately $800,000, and co-chaired the Anne Frank exhibit in St. Paul inthe early 1990s.

Pictured with Dean Sullivan are Outstanding Achievement Award recipients Elliot Kaplan (left), Chairman of the Law School’s Capital Campaign,

and Clinton A. Schroeder (right).

The University of Minnesota Outstanding Achievement Award wasbestowed on two Law School alumni

CE

The University of Minnesota Outstanding Achievement Award wasbestowed on two Law School alumniwho have dedicated endless hours of

support to their alma mater.

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29Law Alumni News ❚ Fall/Winter 2003

Dean E. Thomas Sullivan celebrated his retirement from the Deanship on Tuesday, May 14,2002. Pictured are a few of themany faculty, alumni, students,staff and friends who paid tributeto Dean Sullivan that day.

We thank you Dean Sullivan for your seven years of distinguished service and

exceptional leadership at the Law School.

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Pamela F. Olson

30 Law Alumni News ❚ Fall/Winter 2003

Commencement 2002

Class of 2002

LL.M. Class of 2002

…Wisdom in a counselor is not intelligence. It is notcleverness.Wisdom comes from questioning whether theanswer your knowledge of the law provides you makessense. Let me share with you three pieces of wisdom thathave stuck with me over the years.They come from someof the truly wise I mentioned, two colleagues in theAmerican Bar Association and one a former partner:

1.‘If it seems too good to be true, it probably is.’

2.‘You know it’s wrong because your mother told you.’

3.‘Sometimes the best advice you can give your client is no.’

Wisdom requires the exercise of good judgment, and tak-ing responsibility for principles greater than your ownpersonal gain. Beyond grasping the art of the possible asall the best lawyers do, wisdom demands knowing whento deny the possible, to defend a principle instead. Orwhen to strive for the impossible to advance the cause ofjustice, or strengthen our republic…

Excerpt from the Commencement Address By alumna Pamela F. Olson

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31Law Alumni News ❚ Fall/Winter 2003

The Stanley V. KinyonTeaching and CounselingAward was awarded toDean Tom Sullivan.

Robert Kommerstad

The late Robert Kommerstad has beendescribed as one of the most sophisticated

business advisors in America, as well as a mostcaring and humane individual. He has been arole model to thousands of children throughhis work with Big Brothers/Big Sisters ofAmerica and is beloved by many colleaguesand clients over the years who have sought hiswise counsel and advise.

Mr. Kommerstad was a founder and SeniorChairman of Provident Investment Counsellocated in Pasadena, California and managedover $20 billion in assets at his death. He was adirector and founder of 1st Business Bank(now Mellon) in Los Angeles. Mr. Kommerstadwas Chairman of the National Board of BigBrother/Big Sisters of America and a boardmember and former president of Big Brothersof Greater Los Angeles.

Mr. Kommerstad received his undergraduatedegree from the College of St.Thomas and hisJ.D. degree from the University of MinnesotaLaw School in 1952.After graduation, hejoined the United States Air Force JudgeAdvocate General Corps where he tried law-suits for four years. He established the Kom-merstad Business Law and EntrepreneurshipCenter in 2000, which includes the MinnesotaMulti-Professional Business Law Clinic, theMinnesota Journal of Business Law and Entrepre-neurship, and a speakers forum.

Pictured from left to right: Saumil S. Mehta, Law Council President; JustinMixon, co-recipient of the Excellence in Public Service Award; JosquinLouvier, LL.M. Graduation Address speaker; Kelly W. Hoversten, recipient of the Most Promising Lawyer Award; Sarah Tofte, co-recipientof the Excellence in Public Service Award; and John H. Goolsby, J.D.Graduation Address speaker.

Pamela F. Olson

Pamela F. Olson’s letters of nominationdescribe her as remarkable, a pioneer, high-

ly ethical, incredibly bright, compassionate andrespected. She has been a consistent supporterof the University of Minnesota Law Schoolsince graduation.

Ms. Olson graduated from the University ofMinnesota Law School in 1980, magna cumlaude, and she received a M.B.A. degree fromthe University of Minnesota Carlson School ofManagement in 1984.At present, she is theDeputy Assistant Secretary for Tax Policy forthe United States Department of Treasury. Sheis directly responsible for legal advice andanalysis on tax policy to the Secretary of theTreasury. Prior to having been nominated byPresident Bush as Deputy Assistant Secretary,she was a partner in the international law firmof Skadden,Arps, Slate, Meagher & Flom,where she specialized in resolving tax contro-versies and transactional tax planning. Also shehas been a Special Assistant to the Chief Coun-sel of the Internal Revenue Service, an Attor-ney-Advisor in the Legislation and RegulationsDivision, Office of Chief Counsel and a trialattorney for the San Diego District Counsel.She was the first woman chair of the AmericanBar Association Tax Section and the firstwoman to serve in a sub-cabinet position inthe Treasury Department Office of Tax Policy.

Professor Kathryn Sedowas the recipient of theStanley V. Kinyon ClinicalTeaching Award.

Two Outstanding Alumni Awards presented during Commencement

Robert Kommerstad

May 11,2002

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32 Law Alumni News ❚ Fall/Winter 2003

Law School News and Events

An Appetite for Challenge

If you hold degrees in both law and chemical engineering, asNicole Saharsky (’02) does, landing a job interview with a

firm is rarely difficult.“Obviously there are a lot of law firmsthat are practicing intellectual property that would love to haveyou.The science part is hard, and the law part is hard too, so ifthere’s someone who knows both, they’re in pretty hotdemand,” Saharsky says.“But there are so many interestingthings you can do with a legal education. I just wasn’t com-fortable doing only intellectual property.”

Instead, the Green Bay,Wiscon-sin, native graduated summa cumlaude from the Law School lastspring and in August took a posi-tion clerking with the U.S. Courtof Appeals for the Fifth Circuit.Though New Orleans is the offi-cial seat of the Fifth Circuit,Saharsky is based in Houston,Texas, where she works withChief Judge Carolyn DinaenKing. So far, she says, it hasproven a fascinating experience.The former Minnesota Law

Review lead articles editor is now drafting opinions based onthe court’s decisions, and brushing shoulders with justices on adaily basis.“You get to see so much so close,” she says.“I thinkthe most surprising thing is that you get to meet the judgeswhose opinions you’ve heard or read.And when you meetthem, they’re often exactly the sort of character you imagined them to be.”

If variety is the spice of life, the Fifth Circuit serves up a spicyjambalaya of legal issues. From employment discrimination toTexas death penalty cases, the Court of Appeals deliberates ona wide range of issues. For Saharsky, the job is a hands-on edu-cation:“I want to do litigation, and I would someday like toargue before the federal courts of appeals.This gives you sucha perspective.You know what the judges are really looking for,what they care about in deciding cases. I’ve learned, for exam-ple, that they want you to cut right to the argument.Theydon’t want briefs with extra fluff in them.”

The court’s diverse caseload was attractive to Saharsky fromthe beginning. Just 27, she already has an established trackrecord of taking on challenges—majoring in chemical engi-

neering at Northwestern University, working afterward as acomputing consultant for Accenture in Chicago, and then vol-unteering at the Battered Women’s Legal Advocacy Projectwhile attending school in Minnesota.The whirlwind that mostfirst-year law students know as the first week of classes thrilledher.“Law school is just so different. It’s fascinating because it’sunlike anything you’ve ever done before.You’ve never readcases.You really don’t know anything about the law. It’s just somuch information at once…When you get your first taste ofthe law, it’s exciting.”

Her clerkship has further whetted Saharsky appetite for learn-ing about the law.Though private practice offers perks andpromises that can’t be ignored, she admits that she’s also con-sidering government work, perhaps a job in the Departmentof Justice or elsewhere amid the federal ranks.Whatever thework, she says, it’ll be “something that I feel matters.”

Wanted: Clients with Complex Cases

If Gregory P. Joseph had delivered the oration at the mostrecent Law School graduation ceremony, he likely would

have offered these words to those in the Class of 2002 thatwished to pursue a career in litigation:“Get into a position toactually try cases and argue appeals.You need the hands-onexperience of actually doing it, which is, in all honesty, harderand harder for young people to come up with.”

Joseph (’75) has had a long and successful career in litigation,much of it as a partner with the Fried, Frank, Harris, Schriver& Jacobson firm of New York. But on St. Patrick’s Day inMarch of 2002, the Manhattan attorney struck out on his ownand set up his own shop for handling complex financial andcorporate litigation:“Fried, Frank is a superb firm,” Joseph says.“It has a magnificent corporate department and it representsan enormous number of large companies, financial institutions,accounting firms and others. But when you, as a firm, repre-sent an entity, you cannot be adverse to that entity or relatedentities.That was 99 percent of the reason I created my ownfirm:The conflicts had become overpowering.”

Founding the Gregory P. Joseph Law Offices LLC clearedmost of those conflicts from his path. But it wasn’t the onlyreason he hung out his own shingle and recruited some of thesmartest attorneys he knew to work with him:“The honestanswer is, I established the firm to have fun and to have a real-ly good group of lawyers to work with.”

Alumni Career PathsBy Joel Hockstra

Nicole Saharsky

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33Law Alumni News ❚ Fall/Winter 2003

Law School News and Events

The young firm has alreadyamassed an astonishing client list:For the Prince of Brunei, whoowns several properties in theU.S. and Liechtenstein, Josephspent much of last year handlingan $800 million case against for-mer officers and directors whoallegedly mismanaged the realestate.The firm has representedThe Limited,Abercrombie &Fitch, and host of other retailersin a RICO class action suitbrought in the U.S. district court

of Saipan. (“Until this case, I didn’t even know that Saipan waspart of the United States,” Joseph says of the tiny Americanterritory.) Currently, the Joseph team is also defending DowJones in a $250 million claim regarding the bankruptcy of itsformer subsidiary,Telerate, a publisher of electronic data.

“The common characteristic of these cases is that they’re allextremely complex and there’s a great deal of money involvedin every one of them,” Joseph says.

Joseph’s advice to future litigators stems from his own experi-ence over the years.The author of several books and a formerchair of the American Bar Association’s Section of Litigation,Joseph recollects his Law School days, for example, as forma-tive:“The education at Minnesota was terrific,” he says,“including the practical courses, like trial practice.Among themost important were the clinical programs where I was actual-ly able to appear in court and try cases.”

A View from the Top Ranks

In 1998,Tony Fernandes got his first diplomatic posting—tonortheast China.After a six-month crash course in Man-

darin, the 1993 Law School graduate found himself workingas a counselor officer, assisting Americans with visas and othermatters in a dull, quiet corner of the world. Some might havebalked at the work, but for Fernandes, it was the start of anadventure that would eventually unlock the door to the high-est reaches of the U. S. State Department.

This past summer, Fernandes stepped down from a year-longassignment in the State Department’s operations center.Theoperations center keeps the Secretary of State apprised of sen-sitive situations around the globe and is staffed by four peoplearound the clock. Fernandes, a member of the center’s team,had to be ready to alert and brief Colin Powell on interna-tional political flare-ups at any hour of the day or night. Fromthe discovery of the American Taliban John Walker Lindh toIsraeli military actions in the West Bank, the 34-year-old had abird’s-eye view on the development of world events and theAmerican diplomatic response to crises.

“When I’m writing a document for the Secretary of State, itgoes right to him.That can be very nerve-wracking. If there’smistakes or it doesn’t make sense, he’ll know it,” Fernandesacknowledges. But, he adds, Powell has a well-established repu-tation as a leader who takes an interest in people.“He couldtreat me as poorly as he wants, and I’d have to take it. I don’thave a choice,” Fernandes says.“But he’s always been very per-sonal, very polite. I’ve had to deliver packets to his house, andhe’s invited me in. He’ll talk to you and want to know moreabout you.”

Since June, Fernandes has insteadbeen applying his skills to theState Department’s recruitmentefforts. Powell has said one of hisaims is to increase diversity inthe foreign service, drawingmore people of color and indi-viduals with roots outside thecorps traditional breedingground, the Eastern seaboard.Fernandes, a former officer ofthe Law School’s BLSA chapterand the son of West Africanimmigrants, is happy to lend his

talents to the cause. He spent July and August touring theworld in search of new applicants.This fall, he began ninemonths of study at the National Foreign Affairs Training Center in Arlington,Virginia, where he’s focusing on interna-tional economics.

“The foreign service rewards generalists,” he says.“It requirespeople who have the flexibility to work in different places anddeal with different circumstances.” His law school training, headds, has given him confidence amid the ranks of diplomatictalent.“I feel much more comfortable because I’ve gone toLaw School,” he says.“I’ve written important documents. I canunderstand legalese and complicated thoughts.” ■

Gregory P. Joseph

Tony Fernandes

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34 Law Alumni News ❚ Fall/Winter 2003

Law School News and Events

Judge Training Program Marks Two Decades

Managing a trial, says Law School Professor StephenM. Simon, is akin to being a chef in a large kitchenin a busy restaurant.“You have a ten-burner stove,”

he explains.“On every burner is a pot or saucepan that couldburn or boil over at any minute.And you have to keepchecking on every one of them. But the goal is not just tokeep things from blowing up.The goal, in a courtroom, is toconduct a fair and efficient trial.”

That requires an arsenal of rhetorical and practical tools. Since1982, at the request of the Minnesota Supreme Court Officeof Continuing Education, Simon has been equipping newlyappointed judges with such tools. More than 300 Minnesotajudges have participated in the Judicial Trial Skills TrainingProgram, an educational experience mandated by the stateand administered by Professor Simon and the Law School.

The core of the program is a simulated trial. New judges arevideotaped while handling a variety of challenging courtroomsituations.Actors and actual lawyers, assuming the variousroles of prosecutor, defense attorney, witnesses and jury mem-bers, stage a scripted scene that includes foul language, politi-cal pins, and even a fake gun.“Participants come with greattrepidation,” Professor Simon acknowledges.“They know thatwe’ll be raising more issues than they can deal with.”

Following the hour-long trial simulation, the participantsmeet with an experienced judge who provides a critique.They review the participants’ actions and reactions, assessingeach individual’s method of maintaining order and decorumin the courtroom.Additionally, they share tips on catch phras-es and body language that can be used as communication and

management tools.There’s often more than one way, ProfessorSimon notes, to keep the lid on an erupting pot.

Additionally, the training impresses upon future judges thenecessity of reacting speedily as situations present themselves.“That’s the challenging part of being a trial judge,” ProfessorSimon says.“Most of the decisions that a judge has to make,he or she has to make instantaneously.The ability to maintaindecorum in the courtroom, to keep the trial focused, to regu-late the conduct of attorneys who may be very involved in

their case or to deal with an inexperi-enced lawyer…all that requires a range ofquick responses.”

Judges must employ unique and complexskills in the courtroom, Professor Simonsays.The judicial-skills training provides,among other things, a better understand-ing of the verbal and non-verbal com-munications dynamics that occur in courtrooms; an understandingof the rules of evidence and methods foranalyzing and ruling on evidentiaryissues; an understanding of the trialprocess and how it unfolds; an under-standing of the ethical issues that canarise in the courtroom.

The program has been noticed through-out the national legal community as well.Several states have asked Professors Simonand Maury S. Landsman to make presen-

tations on the program and offer suggestions on setting upsimilar programs in their own states.A grant from the W.M.Keck Foundation has helped Professor Landsman and Profes-sor Simon further expand the program.

While participants have often told Professor Simon how usefulthe training program is, he’s been most surprised to hear thecritiquing judges’ comments on the program.They enjoy theopportunity to discuss their craft, he says:“Judges seldom, ifever, get a chance to sit down and reflect on what they do, achance to articulate what works best. Usually they just do it.”

Ericksen Lancaster Joins the Federal Bench

Last spring, shortly before the U.S. Senate confirmed herappointment as a federal trial court judge, Joan Ericksen

Lancaster was reminded of the dangers of intellectual pride.She and several other federal bench nominees had been gath-ered together in Washington, D.C., and were being coachedby White House advisors on the finer points of confirmation-hearing etiquette.As part of the drill, the candidates wereasked to answer a sample question about the merits of the

New JudgesBy Joel Hockstra

Pictured are the Honorable Leland O. Bush (’76) and attorneys Tammi A. Fredricksonand Albert T. Goins (’80) participating in Judicial Trial Skills Training Program held atthe University of Minnesota Law School on June 28, 2002.

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Law School News and Events

As the panelists finished answering, their interlocutor lookedup with a disgusted mien.“He said,‘You all were just horri-ble,’” Lancaster recalls.“‘The answer is, ‘I will apply the law.’”

Safely confirmed by unanimous vote and now chambered inthe Warren E. Burger Federal Building in downtown St. Paul,Lancaster, a 1981 Law School alumna, recalls the nominationprocess as otherwise unremarkable.Though she prepared forthe Senate interview as best she could, reading several tran-scripts of previous confirmation hearings, she spent most ofmorning of the confirmation worrying about her kids: Claire,7, and John, 12. Just halfway through the first senator’s speech,her daughter turned and asked,“Is it almost over?”

If Lancaster’s entry into the federal judiciary was, in the end,ho-hum, her career has been anything but that.At 47, Lancast-

federal sentencing guidelines.

“They went right down theline,” Judge Lancaster remembers.“The first guy gave a really goodanswer about the pros and consof sentencing guidelines, and thenext person followed suit. I wasthere thinking to myself, ‘Oh mygosh, I was just going to say Iwill apply the law, but I guess Ihave to sound better than that.’”When her turn came, she waxedthoughtful and eloquent on the subject.

Alumni New to the BenchSeveral Law School alumni have been named as judges in recent months. They include:

Leland Bush ’76Lyon County District Court

Bush, a graduate of the LawSchool and Southwest State Uni-versity, practiced law in rural Tyler,Minn., for more than 25 years,focusing on probate, real estate,litigation, and business transac-tions. Asked why he accepted thejudicial appointment, Bush says:“The stock comment is that this is awonderful opportunity for publicservice. In my personal situation,however, I’d have to add that it allows me to deal with a largegroup of pleasant and enjoyableattorneys.”

Edward Cleary ’77Ramsey County District Court

A former public defender and private attorney, Cleary steppeddown from his job as the directorof the Minnesota Office ofLawyers Professional Responsibilityto take the bench this fall. He wasexcited to return to the trial courtsetting, he says: “It really is wherelaw affects the average man andwoman. I practiced in the trialcourt as a younger attorney andthen got away from it, but I’venever forgotten it. Going backpresented another challenge.”

Mel Dickstein ’73Hennepin County District Court

“Every day brings a new hurdle,”says Dickstein, a former “OfCounsel” and partner with theMinneapolis firm Robins, Kaplan,Miller & Cerisi. “As a privatelawyer you are asked to be tough,aggressive, and fair. As a judgeyou are asked to bring into theequation not just good judgment,but compassion as well.”

Joan Erickson Lancaster

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er has already compiled a résumé that includes several years’experience in private practice at the Minnepolis law firm ofLeonard, Street and Deinard, a 10-year stint as an assistant U.S.attorney for the District of Minnesota, and three years as ajudge of the Fourth Judicial District, Minnesota’s busiest urbancourt. Most notably, however, she was chosen in 1998 bythen-governor Arne Carlson to sit on the Minnesota SupremeCourt—where, Lancaster notes,“it was a particular honor toserve under Chief Justice [Kathleen] Blatz’s leadership.”

Lancaster holds a deep affection for what she dubs “the feder-al family”—the individuals who devote their lives to carryingout justice in the federal courts. She believes her experiencein both state and federal courts provides her with an insightfulperspective into the justice system.“I had more experience infederal court than most people who are judges in the Min-

nesota appellate system, and I think that served me well whenI was on the state Supreme Court,” she explains.“Likewise, Ithink having experience as a state court justice will make mea better judge in the federal system.”

Day to day, however, the jobs couldn’t be more different.While the federal bench in Minnesota has the same numberof members as the state Supreme Court, Lancaster rarely con-fers with her colleagues. Instead, she often must make quickdecisions on the motions presented in the more than 250 cas-es that already clog her calendar. She enjoys the quick pace,and the varied nature of district court proceedings.“Herewe’re developing the record, we’re finding the facts,” she says.“That’s extremely interesting. I think one of the reasons peo-ple go into law is because you get to learn about so many dif-ferent and interesting parts of life:You learn a little bit about

…More Alumni New to the Bench

David C. Higgs ’81Ramsey County District Court

Governor Jesse Ventura appointedHiggs, a former attorney withBloomington, Minnesota-basedMcCollum, Crowley, Vehanen,Moschet & Miller, to the bench inearly summer. “I’ve been pursuingthis job for at least the last 10years,” Higgs says. “I wanted toapply talents I thought I had—useful and good skills. I wanted to give something to other people.”

Natalie Hudson ’81Minnesota Court of Appeals

A former assistant attorney general in the criminal appealsdivision of the Minnesota AttorneyGeneral’s office, Hudson beganher new job on June 3. “I’ve beenin public service for much of mycareer,” she says. “And I’vealways seen this appellate positionas an opportunity to serve thepeople of Minnesota in a verypragmatic, very real way. Thoughthis isn’t the highest court, thedecisions that are made here are,in most respects, final.”

Natalie Tyrrell ’89North Las Vegas Justice Court Dept. 2

Before taking the bench in January, Tyrrell was an attorneywith City of Las Vegas’s Senior Citizens Law Project. She was also a justice of the peace pro tempore. “Nevada seems tobe very friendly to women in thejudiciary,” Tyrrell says. “I wasapproached by several people torun, and I’m enjoying the work. I feel I have the attributes to beunbiased and fair and look at a case.”

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37Law Alumni News ❚ Fall/Winter 2003

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University of Minnesota Law School

2002–2003 LecturesKathleen Hall JamiesonProfessor of Communication and the Walter H. Annenberg Dean of The Annenberg School for Communication, University of PennsylvaniaThe Horatio Ellsworth Kellar Distinguished

“The Demise of Fact in Political Debate”Wednesday, October 9, 2002—12:15 p.m.

Pam SamuelsonProfessor of Law, University of California, BerkeleySchool of LawWilliam B. Lockhart Lecture“Constitutional Dimensions of Intellectual Property”Thursday, November 21, 2002—12:15 p.m.

E. Thomas SullivanIrving Younger Professor of Law, University of Minnesota Law School “Comparing Antitrust Remedies in the U.S. and E.U.”Tuesday, January 21, 2003—3:30 p.m.

Dan L. Burk Oppenheimer Wolff & Donnelly Professor of Law, University of Minnesota Law School “Reductionism in Copyright Law”Tuesday, February 18, 2003—3:30 p.m.

Robin West Professor of Law, Georgetown Law Center The John Dewey Lecture in the Philosophy of Law “The External Morality of Law”Wednesday, April 2, 2003—12:15 p.m.

Stephen F. Befort Gray Plant Mooty Mooty & Bennett Professor of Law,University of Minnesota Law School “A New Voice for the Workplace: A Proposal for anAmerican Works Council Act”Tuesday, April 8—3:30 p.m.

Ruth Gana Okediji William L. Prosser Professor of Law, University of Minnesota Law School “Intellectual Property and Diminishing Returns”Tuesday, April 22, 2003—3:30 p.m.

All Lectures are free and will be held in the Lockhart Room(25), Mondale Hall, University of Minnesota Law School.

One hour of CLE credit has been requested for all Lectures. For more information:

e-mail [email protected] or call 612-625-2023.

David A. Stofferahn (’76)Workers Compensation Court of Appeals

Governor Jesse Ventura appointed Stofferahn to the Workers Compensation Court of Appeals inApril. A former attorney with Sieben Grose Von Holtum McCoy & Carey, Stofferahn is enjoying thechange from 25 years of crisis management that is inherent in private practice to having the opportunity to be reflective. “I really think aboutwhat the decision means in terms of guidance tothe practitioners. There is an educational aspect tothis position that was unanticipated.”

what doctors do.You learn a little bit about what the EPAdoes.You get to think about the mind of a criminal.Thethings that make law so interesting are very much alive in aDistrict Court courtroom.”

Lancaster’s curiosity, as well as her approachable demeanor andher deep respect for the law, is one of the greatest assets shebrings to the bench. More than anything, she says, she wantsthe individuals who appear in her courtroom to feel that theyhave been heard and understood, rather than humiliated orbadgered.“I think I have a sense for the area between infor-mality and rigidity,” she says.“I hope people will realize thatpreparation and professionalism were recognized and respect-ed in my courtroom.” ■

Visitors Program Lecture

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We are pleased to announce the launch of a new websitedevoted to the First Amendment—1st Amendment

Online at <http://1stam.umn.edu>.The site is hosted bythe University of Minnesota Law School and is edited byAdam Samaha, a former law clerk to Justice John PaulStevens, who teaches First Amendment Law and FederalCourts at Minnesota.

The site is intended to facilitate First Amendment researchand awareness of recent legal developments. Law faculty, lawstudents, and practicing attorneys are among the anticipatedaudience. Many of the posted documents are excellent class-room teaching tools, as well.

Contents currently include:

Cases: information on First Amendment cases now pend-ing before the Supreme Court—the most recent decade ofthe Court’s First Amendment decisions, in their officialform—summaries and full text of recent and notable deci-sions in the federal Courts of Appeals—and full-text ver-sions of classic Supreme Court decisions, straight from theU.S. Reports.Primary Sources/Visual Aids for Key Cases: PDFfiles of leaflets, letters, photographs, and other primarysources that gave rise to classic Supreme Court decisionsabout the First Amendment—documents includeSchenck’s leaflet, pictures of Pawtucket's Christmas display,and photos of O’Brien burning his draft card.Historical Materials: select historical documents andinformation relevant to the First Amendment in HTML,PDF, and WordPerfect formats—from Blackstone, to Revo-lutionary Era State Constitutional provisions, to drafts ofthe federal Bill of Rights, to the Smith Act of 1940 (as wellas its current version in the U.S. Code).Public Opinion on Civil Liberties: some polling oncivil liberties and First Amendment guarantees, both recentand dated.In the News: links to on-line press coverage of currentFirst Amendment issues, courtesy of the Freedom Forum’sFirst Amendment Center.

Feedback on the design or content of the website is welcome.The site is a perpetual work-in-progress, and the editors lookforward to building its content in a direction that best servesaudience needs.

Contact Adam Samaha,Visiting Scholar, University of Min-nesota Law School, [email protected], 612-624-7527 orDezhan Li,Associate and Managing Editor,[email protected]

New First Amendment SiteThe University of Minnesota Law

Alumni-Student Connection

The New Mentor Program

WHENIn early 2003, the CareerServices Office and the

Alumni Office will introduce a new way toconnect students and alumni—the Alumni-Stu-dent Connection. This program replaces the 1LMentor Program and allow us to help alumniand students connect throughout their lawschool and professional careers.

WHATThe Alumni-Student Connec-tion will create links between

law graduates and students in traditional andalternative careers. Unlike the 1L Mentor Pro-gram, which made a single connectionbetween an incoming 1L and a grad, theAlumni-Student Connection opens many doorsfor students to connect with alums in a varietyof careers and career paths as their interestschange throughout law school.

HOWThis program offers alumnioptions that fit their schedules.

They will be able to meet students individually,in person or by e-mail, in small groups,and/or participate in practice or career pathpanels. Alumni outside the Twin Cities will beable to participate in live video exchangeswith students and other Minnesota gradsthrough teleconferencing.

WHYThis program offers alumni theopportunity to share their time

and talent with students who are interested intheir careers and career paths, their employersand their cities.

Alumni are invited to register through theAlumni or Career Services pages of the LawSchool’s website beginning February 1.

For more information, contact:Susan Gainen,

Director of Career [email protected]

612-624-9881

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39Law Alumni News ❚ Fall/Winter 2003

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Foundation,The MacArthurFoundation and TheCarnegie Corporation ofNew York.

Kathleen Hall Jamiesondelivered the Horatio

Ellsworth Kellar Distin-guished Visitors Program lec-ture on October 9, 2002.Her lecture was titled “TheDemise of Fact in PoliticalDebate.” Dr. Jamieson is aProfessor of Communicationand the Walter H.AnnenbergDean of The AnnenbergSchool for Communicationat the University of Pennsyl-vania. She also is Director ofthe Annenberg Public PolicyCenter. Dr. Jamieson is anexpert on political cam-paigns, and has receivednumerous teaching and ser-vice awards including theChristian R. and Mary F.Lindback Award for Distin-guished Teaching. She is therecipient of many fellowshipsand grants including supportfrom The Pew CharitableTrusts,The Ford Foundation,The Robert Wood Johnson

Dr. Jamieson is a Fellow ofthe American Academy ofArts and Sciences and amember of the AmericanPhilosophical Society. She isthe author, co-author or edi-tor of eleven books includ-ing: Electing the President2000:The Insiders’View(2001); Everything You ThinkYou Know About Politics…andWhy You’re Wrong (2000);Dirty Politics: Deception, Dis-

traction and Democracy (1992);Beyond the Double Bind:Women and Leadership (1995);and Spiral of Cynicism: Pressand Public Good (1997). Shereceived the Speech Com-munication Association’sGolden Anniversary BookAward for Packaging thePresidency (1984) and theWinans-Wichelns BookAward for Eloquence in anElectronic Age (1988). ■

Professor Kathleen Hall Jamieson and Dean Alex Johnson.

The Horatio EllsworthKellar DistinguishedVisitors Program wasestablished in 1996by Curtis B. Kellar(’40) in memory ofhis father HoratioEllsworth Kellar. Inkeeping with hisfather’s many inter-ests, Curtis Kellar created an interdisci-plinary lecture seriesthat connects emerg-ing issues in law withother disciplines suchas art, drama and literature.

Horatio Ellsworth Kellar Distinguished Visitors Program

Legal Minds Stay Young

Henry Somsen, Class of 1934, entertained MarthaMartin, Diane Walters and Rena Searl as they cele-brated his 93rd birthday in Rochester, Minnesota.After a festive lunch at Michael’s, Judge Somsendemonstrated the voice-recognition computer systemhe is setting up to handle his correspondence, writingprojects and double bridge matches!

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40 Law Alumni News ❚ Fall/Winter 2003

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GPALSAT

Class of 2005 Profile❖ Entering Class: 275

❖ 2244 applications received❖ 46% women

❖ 19% students of color❖ Average age is 25 years.

❖ Age range: 19 to 46 years❖ Joint Degree Students: 13

❖ 35 states and 6 foreign countries represented ❖ 127 colleges and universities represented

LSAT75th/50th/25th percentile

165/163/160(the median, which is 163, is at the

90th percentile nationally)

GPA75th/50th/25th percentile

3.86/3.65/3.42

❖ Ninety-six of our entering students have double majors.

❖ Eleven have an M.A., eight have an M.S., and five have a Ph.D.

Cla

ss o

f 200

5

Pictured are new students with Jeffrey Abrahamson an ori-entation leader (top left) and Professor Jim Chen (bottomleft) during the final event of orientation, a cruise down theMississippi River.

2002Kristina L. CarlsonMark E. DeffnerPete FurrerMarisa A. HesseMorgan Linn HolcombKelly HoverstenSarah E. HudlestonJulie Johnston-AhlenJon JuengerJessica C. Knowles

Teresa A. LavoieKara N. LundyHeather McNeffCourtney M. NelsonAlexis Louise PheifferAngela J. RichardsJohn RockNicole A. SaharskyChristina M. SzittaWilliam L. Wortmann

Order of the Coif

Student Notes

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41Law Alumni News ❚ Fall/Winter 2003

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Alumnus Receives 2002Chicago Bar Association AwardMartha A. Mills, class of 1964, received the 2002 Chicago

Bar Association,Alliance for Women Founders Awardfor her consistent demonstration of leadership and vision, andher support of others. From her days as a civil rights lawyer inMississippi in the ’60s, trying civil and criminal cases, integrat-ing juries, going to jail for contempt when she moved torecuse a notorious Klan judge, to being the test case forwhether lawyers not admitted to practice in Mississippi couldraise constitutional issues on behalf of those fighting for civilrights, to becoming Chief Counsel of the Lawyers Commit-tee for Civil Rights Under Law in Cairo, Illinois, during thedays of the shoot outs every night and uniformed Nazismarching in the streets, she used her legal education as aweapon to fight racism and lack of equal opportunity.

Ms. Mills was the second womanin Illinois to be inducted intothe American College of TrialLawyers in 1989. But she is morethan a good lawyer. She has anunflinching sense of social jus-tice. She created, for the CBAAlliance for Women, a web pagewith all the resources for Chica-go area women she could finddealing with domestic violence,health, housing, education, sub-stance abuse, legal issues andmore. She was a Cook County

Circuit Judge, and served with distinction in the JuvenileCourt. She was one of the first 12 lawyers in Illinois to beselected as a member of the Illinois State Bar Association'sAcademy of Illinois Lawyers in 1999, honoring lawyers whopersonify the greatness of lawyering and helped establish itshighest principles through a pervasive record of service to thelaw, the profession and the public. ■

Martha A. MIlls

Judge Diana E. Murphy received the Law Council DistinguishedAlumni Award during a reception held in her honor at the LawSchool on March 28, 2002. The award recognizes alumni whohave demonstrated commitment to the legal community and havea heightened sense of civic involvement. Pictured with JudgeMurphy are members of Law Council who were in attendance atthe reception.

Professor Edward J. Larson delivered the lecture entitled,“The Meaning of Human Gene Therapy for DisabilityRights: The Rise of a New Eugenics?,” as part of the LunchSeries on the Societal Implications of the Life Sciences onSeptember 17, 2002. The lecture series is co-sponsored bythe Joint Degree Program in Law, Health & the Life Sci-ences and the Consortium on Law and Values in Health,Environment and the Life Sciences. Professor Larson is theTalmadge Professor of Law and Russell Professor of Historyat the University of Georgia.

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42 Law Alumni News ❚ Fall/Winter 2003

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New staffDr. Lisa Jones joined the

Joint Degree Programin Law, Health & the LifeSciences and the Consor-tium on Law and Values inHealth, Environment & theLife Sciences as the newResearch Associate. Dr.Jones’s research focuses onthe relationship betweenacademic science and indus-try research. She holds aPh.D. in Educational Policyand Administration (HigherEducation Policy) from theUniversity of Minnesota(2002). She worked for twoyears as a Postdoctoral Fel-low with the PostsecondaryEducation Policy StudiesCenter and the Center forApplied Research and Edu-cational Improvement at theUniversity of Minnesota. Dr.Jones also consults on the“Data-Sharing and Data-

Dr. Lisa Jones

Withholding AmongTrainees in Science” projectbased at Massachusetts Gen-eral Hospital in Boston. Dr.Jones earned her B.A. inPsychology and History ofMedicine from the Universi-ty of Minnesota. ■

On Wednesday, June 19, 2002, the Law Schoolcelebrated the retirement of Ann Olson. Ms.Olson retired after 34 years of service. She wasan Administrative Director and has worked in sev-eral areas including human resources, finance,and building supervision.

Pictured are Nancy McCormick, Head of Circulation andReserve in the Law Library; Ann Olson, and Vanne OwensHayes (’84), Executive Director of the Department of CivilRights for the City of Minneapolis.

With Thanks, Ann

Class of 1967 Reunion

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43Law Alumni News ❚ Fall/Winter 2003

Distinquished AlumniJames M. NevilleClass of 1964

James M. Neville is from a family with a rich history in thelegal profession including several graduates from the Uni-

versity of Minnesota Law School. One of his great uncles,Earl Huber, graduated from the University of Minnesota LawSchool in 1909 and for many years was the County Attorneyfor Traverse County in Western Minnesota. Mr. Neville’sfather Philip graduated from Minnesota in 1933, and was amember of the Order of the Coif and Minnesota Law Review.After serving as Minnesota District Attorney under HarryTruman, his dad practiced law until he was appointed to thefederal bench in 1967. He has several other relatives who arelawyers including another uncle and his daughter, MarthaNeville Hereford, who practices in St. Louis.

Mr. Neville graduated from theUniversity of Minnesota in 1961and from the Law School in1964, magna cum laude, where hewas a member of the Order ofthe Coif and Minnesota LawReview.After graduation, hejoined Johnson & Thompson lawfirm (whose name subsequentlychanged to Thompson &Klaverkamp and eventuallymerged into Oppenheimer Wolff& Donnelly) as an Associate andmade partner in 1969. In 1970

he became an Associate Counsel at General Mills, Inc. inMinneapolis and in 1976 Senior Counsel & Secretary. Mr.Neville moved to St. Louis, Missouri in 1984 to become theVice President and Assistant General Counsel & Secretary ofRalston Purina Company.

His practice at General Mills and at Ralston was concentratedon SEC securities work, as well as corporate transactions. Inthe 1970s General Mills must have acquired 40 companies(toys, fashion, restaurants, crafts & specialty retailing) and hewas the lead attorney on many of those transactions.At Ral-ston, as General Counsel, he was involved in all of the majorlitigation, while supervising the Trademark, Patent, Food &Drug and Labor areas.Although he retired in April 2001, hestill handles some of the securities work and the acquisitionsand divestitures.Acquisitions of Continental Baking andEveready Battery companies were two of the biggest.

Mr. Neville served on the “Justice for All” ball committee forthe Legal Services of Eastern Missouri (1992–2001) and theCapital Campaign Advisory Board (1999–2001). He and hiswife, Judie, are quite active in the local Episcopal Church andin addition to some volunteer work for the now retired Bish-op, Mr. Neville spent a year working on the Capital Cam-

paign and served on the Search Committee in 2001 for theEpiscopal Diocese of Eastern Missouri. He also has served onthe Board of Directors for The Repertory Theater of St.Louis, Crisis Nursery of Minneapolis, Goodwill Industries ofMinneapolis and the Park National Bank of St. Louis Park.

Lynn M. RobersonClass of 1979

Lynn M. Roberson practices litigation, particularly in theareas of premises liability for violent crime, other premises

liability, automobile/truck accident cases, sexual harassment,products liability, malicious prosecution, and other personalinjury law, as well as insurance coverage matters. Ms. Rober-son has completed over 65 jury trials in these areas. She is amember of the Atlanta Bar Association, the State Bar of Geor-gia, the Georgia Defense Lawyers Association (chair ofPremises Liability committee), and the Defense ResearchInstitute (DRI). Ms. Roberson has been an elected memberof the Board of Directors for the Litigation Section of theAtlanta Bar Association since 1999, currently serving as thesecretary. She has been appointed to the Atlanta Bar CLEBoard of Trustees for a three year term, 2002-2005, and wasappointed to the Judicial Procedure and Administration Committee of the State Bar of Georgia in 2001. She is ViceChair of DRI s section on Trial Tactics and Techniques and isa member of DRI’ s Insurance Law committee. Ms. Rober-son has long been a contributing regional editor for the Cov-ered Events DRI newsletter. She currently serves on the Boardof the University of Minnesota Law Alumni Association.

Ms. Roberson has been an invit-ed teacher of trial advocacy forthe National Institute of TrialAdvocacy, the Atlanta Bar Associ-ation, the Georgia DefenseLawyers Association Trial Acade-my, and Emory UniversitySchool of Law. She has been anAdjunct Professor of Law atEmory University School of Lawin the LL.M. program in litiga-tion. Ms. Roberson was certifiedas a Civil Trial Advocate in 1990by the National Board of Trial

Advocacy. She also is a certified mediator. She has been a fre-quent speaker at insurance law, trial tactics and techniques,and Premises Liability for Violent Crimes seminars for DRI,the State Bar of Georgia, and other groups and has appearedin Who’s Who in America, Who’s Who of American Women, andWho’s Who in American Law. Ms. Roberson is a life member ofthe National Registry of Who’s Who effective in 2000 (#128616)and 2001 (#171974). Ms. Roberson also has been an invitedguest speaker on premises liability on The Layman’s Lawyer, a

James M. Neville

Lynn M. Roberson

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44 Law Alumni News ❚ Fall/Winter 2003

Distinquished Alumni

program on the public broadcast system in Georgia. Ms.Roberson was an invited panelist on premises liability for theCouncil of State Court Judges in Georgia in May of 2001.

Ms. Roberson graduated cum laude from the University ofMaryland in 1973 with a B.A. degree in psychology andreceived her law degree from the University of MinnesotaLaw School, cum laude, in 1979. She served as a legal writinginstructor from 1977 to 1979 in law school. Immediately fol-lowing graduation, Ms. Roberson went to work at the firmthen known as Robins, Davis & Lyons (currently Robins,Kaplan, Miller & Ciresi) in the litigation department. She waswith the Minneapolis office for three and a half years andworked closely with Mike Ciresi in products liability cases,large property subrogation and insurance coverage matters. In1982 she transferred to the firm’s Atlanta regional office at therequest of the firm. In 1984 Ms. Roberson made a lateralmove to the Atlanta litigation firm of Swift, Currie, McGhee& Hiers where she has been ever since.

Lynn married Henry M. Newkirk in 1984. Judge Newkirk iscurrently a State Court judge in Fulton County, following hisappointment by Governor Zell Miller in 1998. Prior to thattime, he was an assistant district attorney in Fulton County formany years.They have one daughter, Kramer born in 1986.

Janeen E. RosasClass of 1978

Janeen E. Rosas was appointed the Commissioner of theMinnesota Department of Human Rights in 1998.

Ms. Rosas has received threedegrees from the University ofMinnesota. She earned herB.E.S., cum laude, in 1975, herJ.D. in 1978 from the LawSchool and in 2002 she receiveda M.P.A. from the HumphreyInstitute of Public Affairs.

Ms. Rosas served as an AssistantHennepin County Attorney from1979 to 1998. She was a TrainingManager for the MinnesotaFourth Judicial District from

1996–97 while on leave from Hennepin County. In 1998 shebecame Deputy Commissioner of the Department of HumanRights. Ms. Rosas taught as an Adjunct Professor at WilliamMitchell College of Law in Legal Writing from 1988 to 1989and from 1992 to 1995 for the University of Minnesota LawSchool in the area of Employment Discrimination Law.

She received the Compass Award from the Minnesota Affir-mative Action Association in 2001, the Resolution of Com-mendation from the Hennepin County Board of Commis-sioners in 2000, and the Outstanding Service Award (2000)and the Meritorious Service Award (1989) from the Hen-nepin County Attorney’s Office. Ms. Rosas often speaks and

gives CLE presentations in areas of Human Rights, employ-ment law including disability and medical issues, sex discrimi-nation, housing discrimination, bias in the legal profession,and managing sexual harassment claims.

Ms. Rosas has served on the International Association of Offi-cial Human Rights Agencies, Federal Liaison CommitteeBoard of Directors; Minnesota State Bar Association Labor &Employment Law Section Governing Council; and the Uni-versity of Minnesota Law School Alumni Association. She wasa founding member and Director of two organizations: theMinnesota Employment Law Council and the University ofMinnesota Lex Alumnae Association. She also has served asPresident of the Linden Hills Natural Foods Co-op Board ofDirectors and Secretary of the KFAI Community Radio Sta-tion Board of Directors.

James M. RosenbaumClass of 1969

Judge James M. Rosenbaum, a Minnesota native, attendedthe University of Minnesota, earning his B.A. in 1966 and

his J .D. in 1969. He began his career in Chicago as a VISTA(Volunteers In Service To America) lawyer, specializing in civilrights cases. He returned to Minnesota in 1972, entering intoprivate practice, primarily as a trial lawyer.

Judge Rosenbaum practicedwith the law firm of Katz,Taube,Lange & Frommelt, from 1972to 1977. He hung a shingle andpracticed by himself, and withhis wife, Marilyn, as Rosenbaum& Rosenbaum, from 1977 to1979, and joined the firm ofGainsley, Squier & Korsh, in1979.

President Ronald Reaganappointed Judge Rosenbaum asUnited States Attorney in 1981,

on the recommendation of Senators Boschwitz and Duren-burger. Four years later, President Reagan appointed him tothe United States District Court bench.

Judge Rosenbaum co-chaired Minnesota’s Pardon ReviewCommission in 1993. He served as a member of the Univer-sity of Minnesota Law School’s Board of Visitors from 1991 to1997, and was its president in 1996 to 1997.

He was elected as the Eighth Circuit’s representative to theJudicial Conference of the United States in 1997, and to asecond term in 2001. Chief Justice Rehnquist appointed himto the Conference’s Executive Committee, for the 1999-2001term.

Judge Rosenbaum is co-author of the U.S. Courts DesignGuide, having served as a member of the Judicial Conference’sSecurity, Space, and Facilities Committee from 1989 to 1996.

Janeen E. Rosas

James M. Rosenbaum

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45Law Alumni News ❚ Fall/Winter 2003

Distinquished Alumni

His Green Bag articles,“In Defense of the Delete Key” and“In Defense of the Hard Drive,” are widely cited in the areasof computer privacy and the law.The Judge regularly consultswith courts, judges, and architects on courthouse electronics,and frequently lectures in the fields of privacy, electronic evi-dence, and trial practice.

The Judge and his wife, a Hennepin County trial judge, are theparents of three daughters,Alexandra,Victoria, and Catherine.

Edward J.WallinClass of 1967

Edward J.Wallin is a Mediator and Arbitrator for JAMS in Orange County, California. He uses his extensive expe-

rience resolving large, complex cases in his specialty areas:commercial, construction, real estate, employment and insur-ance disputes.

Judge Wallin received his under-graduate degree in 1964 fromthe University of Minnesota andhis J.D. in 1967 from its LawSchool. From 1968 to 1970 heserved as an Assistant UnitedStates Attorney in Los Angeles.Judge Wallin joined the law firmof Kindel and Anderson (nowPalmieri,Tyler, et al.) in 1970.He was appointed to the OrangeCounty Superior Court in 1978and was elected in 1980 to servea six year term. In 1982, Judge

Wallin was appointed to the California Court of Appeals,Fourth District, Division 3. He was reelected to a 12-yearterm in 1986 and again in 1998. He twice served as ActingPresiding Justice. Judge Wallin left the bench in February1999 and joined JAMS as a Mediator and Arbitrator.

He received two distinguished awards in 1994: the FranklinG.West Lifetime Achievement Award by the Orange CountyBar Association and the Roger J.Traynor Memorial Award asAppellate Justice of the year by the Consumer AttorneysAssociation of Los Angeles. He served as the Chair of theCalifornia Appellate Justices Institute in 1993.

Judge Wallin has lectured extensively for The Rutter Group,Continuing Education of the Bar, and legal associations ondamages, business torts, trade secrets, employment law, badfaith, unfair competition, discovery civil procedure, appellatepractice and other topics. He also has conducted CJER semi-nars on Advanced Civil Law for trial judges regarding settle-ment techniques, complex litigation, employment and insur-ance. In addition, he has taught appellate advocacy at theUniversity of Southern California Law School. Judge Wallinreceived training in mediation methods and negotiation tech-niques at the Straus Institute for Dispute Resolution at Pep-perdine University School of Law. ■

Edward J. Wallin

The University of Minnesota LawSchool and the Minnesota Law Review

are Proud to Present

“The Interface BetweenIntellectual Property Law

and Antitrust Law”February 8, 2003

University of Minnesota Law SchoolMinneapolis, MN

Xerox, Kodak, Data General andMicrosoft:When Does Intellectual

Property Law Trump Antitrust Law? Herbert Hovenkamp, University of Iowa

Thomas Cotter, University of FloridaMaureen O’Rourke, Boston University

Copyright Misuse, Patent Misuse,and the Antitrust Laws

Roger G. Noll, Stanford UniversityMichael Meurer, Boston UniversityNeil W. Netanel, Texas University

Standards Setting and AntitrustDavid J. Teece, University of California, BerkeleyEdward Sherry, University of California, Berkeley

Michael Carrier, Rutgers UniversityDaniel Farber, University of Minnesota

Brett McDonnell, University of MinnesotaMark Patterson, Fordham University

Keynote AddressMark Lemley, University of California, Berkeley

The Symposium is open to the public and willbegin at 9:00 a.m. on Saturday, February 8,

2003. Participants are subject to change. Sympo-sium articles will be published in Volume 87, Issue

#6 of the Minnesota Law Review.

University of MinnesotaMinnesota Law Review

(612) [email protected]

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46 Law Alumni News ❚ Fall/Winter 2003

1954James D. Rogers wasappointed as an MinnesotaState Bar Association-nomi-nated member to the Boardof Continuing Education fora three-year term expiringon June 30, 2005.

1956Walter Mondale, formerVice President of the UnitedStates, was presented withthe sixth annual Earl LarsonAward by the MinnesotaCivil Liberties Union.Theaward is given annually to aMinnesota lawyer who hasmade extraordinary contri-butions to the cause of civilliberties.The award is namedin honor of Earl Larson, aFederal District Court Judgewho in 1952 founded theMinnesota Civil LibertiesUnion.

Allen Saeks was named tothe Equal Justice Worksboard of directors in Wash-ington D.C. Mr. Saeks is alitigation attorney with theMinneapolis law firm ofLeonard, Street & Deinard.

1960Edward C. Stringer retiredfrom the MinnesotaSupreme Court on August31, 2002. He has rejoinedthe law firm Briggs andMorgan and will chair thealternative dispute resolution(ADR) practice.

1962

Michael P. Sullivan washonored at the Legal AidSociety fund-raising dinneron law day, May 1, 2002, forhis many years of support forthe Legal Aid Society,including helping to orga-nize the Fund for the LegalAid Society in 1981 andserving on its board for 15years.

1963Jonathan Rose was investedwith the permanent title ofWillard H. Pedrick Distin-guished Research Scholar byDean Patricia White at theArizona State UniversityCollege of Law on Septem-ber 19, 2002. Professor Roseis an honored member ofthe Faculty of the College of Law at Arizona State University.

1964

David B. Eide, of the lawfirm Felhaber, Larson, Fen-lon and Vogt, has been elect-ed to the American Collegeof Real Estate Lawyers.TheAmerican College of RealEstate Lawyers has approxi-mately 850 members andmembership is by invitationonly. Mr. Eide has more than25 years experience in theareas of real estate and cor-porate law.

1965Martha Mills received the2002 Chicago Bar Associa-tion Alliance for WomenFounders Award for her con-sistent demonstration ofleadership and vision, andher support of others.

Rolf T. Nelson was electedto the Board of Directors ofthe National Elder LawFoundation in Baltimore. Hewas re-certified as a CertifiedElder Law Attorney in 2001and remains Minnesota’sonly elder law specialist.

Dennis J. Purtell hasjoined the Milwaukee-basedlaw firm of WhyteHirschboeck Dudek as ashareholder where he willcontinue to serve health care and not-for profit organizations.

1966George Sissel has beenselected as a member of theBoard of Directors atCIBER, Inc. in GreenwoodVillage, Colorado. Mr. Sisselwas formerly Chairman andChief Executive Officer ofBall Corporation.

Class Notes

David Eide

Class of 1939

Happy Birthday to Leonard Lindquist who celebrated his 90th birthday

on September 5, 2002.

Rolf T. Nelson

Dennis J. Purtell

Edward C. Stringer

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47Law Alumni News ❚ Fall/Winter 2003

1968Glenn Ayres was elected toa two year term as Presidentof the Family Firm Institute.Mr.Ayres is an attorney atthe law firm of Fredrikson &Byron.

James R. Schwebel for the16th consecutive year hasbeen selected to be includedin the 2003–2004 edition ofThe Best Lawyers in America.In 1974, Mr. Schwebelfounded what is now Min-nesota’s largest law practicespecializing in personalinjury litigation, Schwebel,Goetz & Sieben.

Harry A. Sieben, Jr., presi-dent of the personal injurylaw firm Sieben, Grose,VonHoltum & Carey, was votedone of the Top 100 SuperLawyers by attorneysthroughout Minnesota. MrSieben has been listed in theSuper Lawyer survey everyyear since it was launched in1996.

Ed Winer has been namedone of the top ten divorcelawyers in the United Statesby WORTH magazine. Mr.Winer also was recentlyhonored by The BestLawyers of America as oneof only 1880 attorneys whohave been listed in all 10editions during its 20 yearsof publication. He is withthe Moss & Barnett lawfirm.

1971Stephen C.Aldrichreceived the HennepinCounty Bar AssociationExcellence by a Public/Gov-ernment/Judicial SectorAttorney award.

Michael Ciresi was re-elected as Chairman of theExecutive Board at Robins,Kaplan, Miller & Ciresi lawfirm.

Stephen J. Kaminski hasbeen elected a shareholder atthe law firm Larkin, Hoff-man, Daly & Lindgren. He isa member of the tax, trusts,estates and health lawdepartments.

1972Les S. Kuczynski has beenselected to serve on theAppeals Body for slave andforced labour and for per-sonal injury claims under itsGerman Forced LabourCompensation Programmeby the International Organi-zation for Migration (IOM).As required by the GermanFoundation Act, the AppealsBody will work indepen-dently and will be subject tono outside instruction.TheIOM is one of seven partnerorganisations of the GermanFoundation “Remembrance,Responsibility and Future”who are in charge of pro-cessing claims of former slaveand forced labourers and ofmaking financial compensa-

tion available to them. Mr.Kuczynski is a NationalCounsel with the PolishNational Alliance and theNational Executive Directorof the Polish American Congress.

Joseph M. Price, partner ofFaegre & Benson, was pre-sented with a 2002 BurtonAward recognizing excel-lence in legal writing. Hecoauthored “Clearing Awaythe Junk,” a study of junkscience in the litigation oversilicone gel breast implants.

Phyllis A Reha wasappointed to a 7-year termas Commissioner of Min-nesota Public Utilities byGovernor Jesse Ventura.TheCommissioner regulateselectricity, natural gas andtelephone industries in Min-nesota.

Steven Schumeister wasre-elected as Managing Part-ner of the law firm ofRobins, Kaplan, Miller &Ciresi.

1973Mel Dickstein wasappointed to the FourthJudicial District trial courtbench in Hennepin Countyby Governor Ventura.

Stanley A. Jaffy has beenpromoted to Vice Presidentand Controller at BemisCompany, Inc. Mr. Jaffyjoined Bemis in 1987 asCorporate Director of Taxand was promoted to VicePresident of Tax and AssistantController in 1998.

1974Gary J. Haugen was elect-ed to the Maslon EdelmanBorman & Brand law firmGovernance Committee, thefirm’s management commit-tee. Mr. Haugen concentrateshis practice in the areas ofinsurance related litigation,and products and profession-al liability litigation.

Diana Murphy has beennamed honoree of the yearby the National Associationof Women Judges. JudgeMurphy sits on the EighthUnited States Circuit Courtof Appeals.

1975Doug Anderson wasawarded the 2002 MinnesotaLegal Services Coalition ProBono Publico Award forextraordinary service in pro-viding fair access to justice.Mr.Anderson, of the lawfirm Rosenmeier,Anderson& Vogel in Little Falls, Min-nesota, has been a volunteerattorney with Central Min-nesota Legal Services forover 19 years.

Kevin Burke received the2002 Distinguished ServiceAward from the NationalCenter for State Courts inrecognition of his contribu-tions to improving theadministration of justice.Hennepin County ChiefJudge Burke was honoredfor his work with chemicallydependent defendants, cor-rections, and expanding andimproving the state's publicdefender system.

Class Notes

Harry A. Seiben, Jr.

James R. Schwebel

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48 Law Alumni News ❚ Fall/Winter 2003

1976

John C. Goetz has beenselected to be included inthe 2003–2004 edition ofThe Best Lawyers in America.Mr. Goetz, a partner in thelaw firm of Schwebel, Goetz& Sieben, has been in privatepractice since 1979.

Andrew O’Brien has beenappointed to the Board ofDirectors of Security LifeInsurance Company ofAmerica, a leading developerof life insurance and innova-tive dental and vision insur-ance products and services.

David A Stofferahn wasappointed to the Court ofAppeals by Governor Ventura.

1977Edward Cleary wasappointed to the RamseyCounty District Courtbench by Governor Ventura.

Barry A. Kelner receivedthe Columbia Medal forDistinguished Alumni Ser-vice from Columbia Collegeat Columbia University. Hewas one of ten alumni to behonored at the Alumni Fed-eration’s 104th Commence-ment Day Luncheon. Mr.Kelner is a principal ofCharitable Institutions forWells Capital Managementin Minneapolis and hasworked in financial servicesfor over 20 years.

1978Faye Knowles was named aLife Fellow of the AmericanBar Foundation. She is ashareholder in the Fredrik-son & Byron law firm.

Peter Vogel has been award-ed the 2002 Minnesota LegalServices Coalition Pro BonoPublico Award for extraordi-nary service in providing fairaccess to justice. Mr.Vogel, ofthe law firm Rosenmeier,Anderson & Vogel in LittleFalls, Minnesota, has been avolunteer attorney withCentral Minnesota LegalServices for over 19 years.

1979Gregory P. Bulinski waselected secretary at the lawfirm Bassford, Lockhart,Truesdell & Briggs.

1980Julie Brunner will becomethe Executive Director ofThe Minnesota Council ofHealth Plans in January,2003. She will lead thedevelopment of health carepolicy and communityhealth initiatives for Min-nesota’s eight nonprofithealth plans. Ms. Brunnerhas served as Deputy Com-missioner of the MinnesotaDepartment of Health since1999.

1981David C. Higgs wasappointed to the RamseyCounty District Courtbench by Governor Ventura.

1982Karen Bergreen marriedDaniel R.Alonso on Octo-ber 27, 2002. She is a stand-up comic who appears at theComic Strip, Caroline’sComedy Club and otherspots in Manhattan.

Natalie Hudson wasappointed to the MinnesotaCourt of Appeals by Gover-nor Jesse Ventura.

Kathleen H. Olivares wasrecently re-elected for herthird 4-year term in the205th Judicial District Courtof Texas, presiding over ElPaso, Culberson and Hud-speth Counties. She recentlywas elected Chair of theTexas Commission on Judi-cial Conduct, an 11 memberpanel that consists of fivejudges (one of each categoryof judges–appellate, district,county court at law, Justiceof the Peace, and municipalcourt–appointed by theTexas Supreme Court), fourcitizen members appointedby the Governor and twoattorneys appointed by theState Bar of Texas. ThisCommission has jurisdictionover approximately 3450judges in Texas and handlesgrievances filed against them.

1983Tim Marx was named the2001 Volunteer of the Yearby the Saint Paul AreaChamber of Commerce. Mr.Marx is a member of theBriggs and Morgan BusinessLitigation Section, and prac-tices primarily in regulatoryand administrative law, non-profit corporations, munici-pal law, economic and com-munity development, andgovernment relations.

1984Charles R.Weaver wasnamed by Governor-electTim Pawlenty to lead histransition team. Mr.Weaverserved five terms in theMinnesota House as a Legis-lator from Anoka, Minnesotaand was formerly the Com-missioner of the Departmentof Public Safety.

1985David Beehler was namedto an executive board seat atthe law firm Robins, Kaplan,Miller & Ciresi.

Steven M. Pincus receivedthe Hennepin County BarFoundation’s 2002 Pro BonoPublico Award (Private Sec-tor). He is an attorney withLindquist & Vennum lawfirm.

1986Timothy J. Pawlenty hasbeen elected Governor ofthe State of Minnesota. Hesucceeds Governor Jesse Ven-tura on January 6, 2003.

Andrew Tanick was namedChair of the Labor andEmployment Law PracticeGroup at Rider, Bennett,Egan & Arundel.

1987Jonathon Jay joined the lawfirm of Fogg Slifer & Pol-glaze as a shareholder.Thefirm name has been changedto Fogg Slifer Polglaze Lef-fert & Jay and he now leadsthe firms litigation practice.

Laura Schoenbauer wasnamed to the Kaposla Inc.Board of Directors. She is anattorney at the law firmGray Plant Mooty.

Beth Gerstein Timm waselected a shareholder ofWinthrop & Weinstein lawfirm.

Class Notes

John C. Goetz

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49Law Alumni News ❚ Fall/Winter 2003

1988

Troy A. Mayne receivedthe Dane County Bar Asso-ciation’s Distinguished Ser-vice Award for his long-termcommitment to providing awide array of legal servicesto Habitat for Humanity.

Michael Rothman wasnamed a shareholder of theWinthrop & Weinstein lawfirm where he will co-chairthe firm’s Insurance PracticeGroup and join the firm’sLegislative and RegulatoryPractice Group.

David Walker was selectedas the best arson prosecutorin the state of Minnesota bythe International Associationof Arson Investigators.Theannual award is given tohonor a prosecutor who hasactively tackled arson crimes.He started his career at theFreeborn County Attorney’sOffice in 1992, after retiringfrom a prosecution attorneyposition in the U.S.Army’sJudge Advocate GeneralOffice.

1989John Doornik, of the lawfirm McKenzie & Hallberg,was named President-elect ofthe Hennepin County BarAssociation.

Randy Kahnke is the Presi-dent of the Federal Bar Asso-ciation, Minnesota Chapter.Mr. Kahnke is a partner with the law firm of Faegre& Benson where he prac-tices complex commercialand intellectual property litigation.

Greg Williams was hired inMay, 2002 to head the Cor-porate and Securities Prac-tice at the Orange Countyoffice of Allen Matkins LeckGamble & Malloy. His prac-tice focuses on emerginggrowth and technologycompanies, mergers andacquisitions, and stockoption matters. Mr.Williamswas previously a partnerwith Brobeck, Phleger &Harrison.

1990Pieter Teeuwissen has beenappointed to the nine mem-ber Mississippi Board of BarAdmissions by the Mississip-pi Supreme Court.

1991Neil P.Ayotte has recentlybeen promoted to ExecutiveVice President of Finance &Administration at Innuity,Inc. He will continue toserve as General Counseland Corporate Secretary.

Chad Baruch was one offour Texas teachers awardedthe 2002 Outstanding Edu-cator Award at the annualconvention of the TexasAlliance of Accredited Pri-vate Schools in Houston.Mr. Baruch coaches boy’sbasketball and teachers gov-ernment at Yavneh Academyof Dallas, an orthodox Jewishhigh school in Dallas,Texas.

Eric J. Strobel was hired asa partner at Hinshaw & Cul-bertson law firm.

1992John Wachtler joined theMinneapolis office of thelaw firm Leonard, Street andDeinard in its Energy Practice.

1993Karlyn Vegoe Boraasbecame a shareholder inAnthony Ostlund & Baer.

Woodrow “Woog” Byunbecame Chair of the AsianPacific Community Center(APCC).APCC is in theprocess of a 501(c)(3) orga-nization and is negotiatingwith the city of St. Paul tobuild an Asian Pacific Cul-tural Center.

Tom Tuft has been named aSuper Lawyer by MinnesotaLaw & Politics magazine. Heis one of the youngestlawyers in Minnesota toreceive the Super Lawyerdesignation.

1994

Jane M. DiGiacomo (for-merly Jane Barton) has beenappointed a partner of theRiverhead, Long Island,New York law firm Twomey,Latham, Shea & Kelley. Ms.Digiacomo’s practice is con-centrated in environmental,municipal and land-use mat-ters, along with real estateand commercial litigation.

Jessica Hughes has joinedthe law firm of BlackwellIgbanugo Engen & Saffold.

Daniel Kadlec was electeda shareholder in Larkin,Hoffman, Daly & Lindgrenlaw firm, where he is amember of the CorporateLaw Department.

Shawn R. McIntee hasbeen elected a shareholder inthe law firm Maslon Edel-man Borman & Brand. Hepractices in the areas ofcommerical and corporatelaw, mergers and acquisitions,technology law and securi-ties law.

Geraint Powell was electeda shareholder in Lommen,Nelson, Cole & Stageverglaw firm.

David Swenson was elect-ed a partner in the Washing-ton D.C. office of Kirkland& Ellis.

Class Notes

Tom Tuft

Troy A. Mayne Jane M. DiGiacomo

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50 Law Alumni News ❚ Fall/Winter 2003

1995Paul A. Banker has joinedthe Twin Cities-based lawfirm of Lindquist & Vennum,practicing in the firm’s Minneapolis LitigationDepartment.

Lynn Bebeau has beennamed a Vice President andBusiness Development Offi-cer in Minneapolis office ofU.S.Trust.

Cassandra Ward Brownand Lateesa Ward haveformed the firm of Ward &Ward, Minneapolis.

Chris Harrold is workingat Guidant Corporation inSt. Paul, Minnesota.

Riddhi Jani has joinedBlackwell Igbanugo Engenand Saffold in the Immigra-tion Law Section and isassisting with the develop-ment of the internationaltrade practice.

Michael A. Mitchell hasbeen elected a shareholder ofBriggs and Morgan law firm.He is a member of the firm’sTrade Regulation Sectionand practices in the areas offranchise, antitrust, commer-cial litigation and trade regulation.

Laura A. Pfeifer has beenelected a shareholder ofWinthrop & Weinstine.

Michelle Rognlien joinedthe law firm of Bowman andBrooke as an associate in theMinneapolis office.

Philip R. Schenkenberghas been elected a sharehold-er of the law firm Briggs andMorgan and is a member ofthe Business Litigation Sec-tion practicing in the areas oftelecommunications trans-portation, bankruptcy andbusiness litigation. He alsowas named legal counsel,secretary and board memberof the St. Paul Festival andHeritage Foundation, pre-senter of the St. Paul WinterCarnival.

Brian J. Schoenbornjoined Leonard, Street andDeinard and is the managingattorney of the firm’s St.Cloud, Minnesota office. Hepractices in the areas of busi-ness law, sports, recreationand entertainment law, andestate planning.

1996

William A. Phillips, alawyer with Pepper Hamil-ton, was appointed byDetroit Mayor Kwame M.Kilpatrick to the City ofDetroit Local DevelopmentFinance Authority Board ofDirectors. He also has beenelected vice chairman of theExecutive Committee and tothe Board of Directors of theDetroit Economic GrowthCorporation.

1997

Justin D. Cummins joinedMiller-O’Brien, a Min-neapolis law firm specializingin plaintiff-side civil rightsand employment rights liti-gation as well a union-sidelabor law. He specializes infair housing and fair employ-ment law, and he was recent-ly elected to the Board ofthe National EmploymentLawyers Assocaition, Min-nesota Chapter.

Stephen P. Safranskijoined the Minneapolisoffice of the national lawfirm of Robins, Kaplan,Miller & Ciresi as an associ-ate. He practices in the areaof business litigation.

Mark Schoenfelder, presi-dent of Schoenfelder Paint-ing, Inc., announced therelocation of their officesfrom Plymouth to Min-netonka.

Inger Tangborn is nowserving as Consular Officerwith the U.S. Embassy inTunis,Tunisia and was for-merly with the Foreign Ser-vice, U.S. Department ofState serving in Baku,Azer-baijan and Amman, Jordan.

1998Melissa Vogt Brettingenaccepted a position as anAssistant Attorney Generalwith the Minnesota Officeof the Attorney General inthe Torts/Employment Divi-sion.

Kelli A. Enders joined thelaw firm of Mackall,Crounse & Moore in thefirm’s Tax and Estate Plan-ning Practice.

Class Notes

Justin D. CumminsMichael A. Mitchell

Philip R. Schenkenberg

William A. Phillips

Stephen P. Safranski

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51Law Alumni News ❚ Fall/Winter 2003

Christopher Fowlkes wasnamed an Associate at theBowman and Brooke lawfirm.

Michelle Bergholz Frasier has joined vonBriesen & Roper law firm asan associate in the HealthCare Practice Group.

Rinky S. Parwani hasjoined the law firm of PorterSimon, Professional Corpora-tion, in Truckee, California, asbusiness transactions and realestate associate. She also hasbeen appointed to the Boardof Tahoe Women’s Services.

David Schultz announcedthe publication of his latestbook, the Encyclopedia ofAmerican Law. Overall, hisscholarship includes 17books or encyclopedia thathe wrote or edited, of which11 are already published, 40articles and book chaptersand 14 legal treatises.

David Sullivan joined theTwin Cities-based law firmof Lindquist & Vennum,practicing in the firm’s Minneapolis LitigationDepartment.

Christopher R. Uzpenreceived the 2002 Outstand-ing Student Award from theSeidman School of BusinessDepartment of Accountingand Taxation at Grand ValleyState University. He recentlycompleted his Master of Sci-ence of Taxation degree. Mr.Uzpen is an attorney in theHolland, Michigan office ofWarner Norcross & Juddwhere he focuses his practiceon closely held business andtax law.

Class Notes

Christopher R. Uzpen

1999

Stacy Lynn Bettison hasjoined the law firm ofGreene Espel in Minneapo-lis. Greene Espel representsindividuals, corporations andgovernmental entities incomplex litigation. Ms. Bet-tison joins Green Espel afterpracticing in Chicago at Jen-ner & Block from2000–2002. She and herhusband, Stephen Safranski(’97), returned to Minneapo-lis in August, 2002.

Jim Carlson joined SRSTechnologies in Rosslyn,Virginia.

Jennifer A. Jameson joinedthe law firm of McGrannShea Anderson CarnivalStraughn & Lamb where shewill continue to practice inthe areas of family law andcivil litigation.

Bridget (Johnson) Gernander and Barton Gernander, class of1996, were married on September 28, 2002 in Duluth, Min-nesota. They are very thankful that so many law schoolfriends were able to make the trip to help them celebrate.(Pictured (left to right): Jill Richardson, Jeff Richardson (’99),Dan Rehlander (’99), Bridget (Johnson) Gernander (’99),Bart Gernander (’96), Jessica Looman (’01), Jason Lonstein(’99), Meghan Riley (’99), Omar Syed (’99), Tinna Ross andMike Ross (’99). Not pictured: John Freeman (’96).)

Stacy Lynn Bettison

Michelle BergholzFrasier

Rinky S. Parwarni

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52 Law Alumni News ❚ Fall/Winter 2003

Carl H. Johnson was elect-ed President of the YoungLawyers Section of theAnchorage Bar Association.He was also selected Co-chair of the Alaska NativeLaw Section of the AlaskaBar Association and appoint-ed to the Historians Com-mittee for the Alaska BarAssociation. Mr. Johnsonrecently had an article enti-tled “Is the Revised Uni-form Arbitration Act a GoodFit for Alaska?” selected forpublication in the December2002 issue of Alaska LawReview (co-authored withPete D.A. Petersen). His out-door and nature photogra-phy has been selected in sev-eral juried exhibitions,including AlaskaWILD, theMinnesota Botany Interna-tional Photography Exhibi-tion, the Alaska Magazine2002 Photo Contest (SecondPlace, Scenics), and theAnchorage Fur Rendezvous2002 Photo Contest (Best ofShow—Color).

Benjamin A.Warpehajoined Wagner, Falconer &Judd as an associate attorney.

2000Elizabeth Brama joinedthe Twin Cities law firm ofBriggs and Morgan as anassociate practicing in theareas of administrative law,governmental relations,election law and business litigation.

Ryan M. Benson joinedthe law firm of Niebler,Pyzyk, Klaver & Wagner inMenomonee Falls,Wiscon-sin, as an associate. He spe-cializes in employment lawand corporate law.

Timothy S. Cole, Directorof Internet Dispute Solutionsfor the National ArbitrationForum, has been selected tochair the Intellectual Proper-ty and Online Dispute Res-olution Committee, a newlyformed committee of theAmerican Bar AssociationDispute Resolution Section.

George Mader performedat the Minnesota Fringe Fes-tival,“A Flurry of ArtisticEndeavor” held in Min-neapolis August 2–11, 2002.The festival gives artists anopportunity to show theirart through an array ofevents including art showsand theatre.

Kevin Rodlund joinedLind, Jensen, Sullivan &Peterson law firm.

Dana Shenker Scheelewill be joining HoffmanHart & Wagner in Portland,Oregon, where she will bepracticing in the areas ofgeneral insurance defensework, medical malpracticedefense and general health-care work.

Class Notes

CorrectionsMarc Siegel (’98) was incorrectly listed as a partner ofAlejandro Caffarelli (’96).

Steven P. LaPierre (’00) joined the law firm of Briggsand Morgan as an associate and is a member of the firm’sBusiness Litigation Section.

Carl H. Johnson

2001Amy Pinske joined theMinneapolis office of Bow-man and Brooke law firm asan associate.

2002Andrew Backlund joinedthe law firm of Bowman andBrooke as an associate in theMinneapolis office.

Thomas Barnes joined thelaw firm of Rider, Bennett,Egan & Arundel. He prac-tices in the Business Depart-ment in the areas of generalcorporate law, real estate law,merges and acquisitions, cor-porate finance and securities.

Thomas I. Barnes

Jessica Richardson joinedthe Litigation Department ofRider, Bennett, Egan &Arundel law firm. She ispracticing in the areas ofplaintiff ’s practice and med-ical malpractice.

Greta Tackebury joinedthe international law firm ofBryan Cave as an associate inits Phoenix office, where shewill practice in the firm’sCommercial Litigation andBankruptcy, Restructuringand Creditors’ Rights ClientService Groups.

Sarah L.Tofte is a socialpolicy coordinator at BerryScheck’s Innocence Projectin New York. ■

Jessica C. Richardson

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53Law Alumni News ❚ Fall/Winter 2003

Howard Mithun Class of 1936

Howard Mithun diedfrom kidney problem

complications on Wednesday,October 2, 2002 at the ageof 89.

Mr. Mithun graduated fromthe University of Minnesotawith his B.S. in 1934 andlaw degree in 1936. He wasan attorney at the TwinCities office of EmployersMutual Liability InsuranceCompany of Wausau,Wis-consin, from 1936 through1940 and from 1941 to 1946he was an Attorney andNew England Claims Man-ager for Employers MutualLiability Insurance Companyof Wausau,Wisconsin inBoston, Massachusetts. Heserved as a Lieutenant in theUnited States Navy on thestaff of Admiral ChesterNimitz in Pearl Harbor,Hawaii from 1943 to 1946.

In 1946 Mr. Mithun becameLegal Counsel for Min-neapolis Star and TribuneCompany. He also served asa member of the Board ofDirectors and Secretary andin 1956, he became a VicePresident. He was instru-mental in labor negotiationsand helped to settle strikes in1953 and in 1962. He retiredfrom the company in 1973.

Mr. Mithun was active incommunity and public ser-vice. He was a member ofthe Legal Aid Society ofMinneapolis Board of Direc-tors from 1950 to 1973. Healso served on the board ofthe Associated Industries ofMinneapolis, the BuildingOwners and Managers Asso-ciation of Minneapolis, thePlanning Agency for Hospi-

tals of Metropolitan Min-neapolis, and the MinnesotaOrchestral Association.

He was predeceased by hiswife, Jacqueline in 1996 andhis brother, Ray in 1998. Heis survived by his twodaughters: Jacqueline StearnsMithun and Susan WinstonMithun, and two grand-daughters. ■

William I. FineClass of 1950

William I. Fine passedaway on Saturday,

May, 2002 at the age of 73.

Mr. Fine was a St. Paulnative who graduated fromCentral High School. Heearned his undergraduateand in 1950 his law degreefrom the University of Min-nesota. He worked as anAssistant District Attorneyfor a year in Dallas beforeserving as Judge AdvocateGeneral in the Air Forceduring the Korean War. Hefounded the Fine, Simon &Schneider law firm, wherehe practiced for 15 years.

He joined Fine PropertiesCorporation in 1953 in realestate development.Thecompany had offices in Min-neapolis and Los Angeles andwas headquartered in Chica-go. Mr. Fine companies localprojects include the first lux-ury high-rise apartment inSt. Paul at 740 River Drive.The 110 Grant high-riseapartment and GreenwayGables townhomes were partof the residential revitaliza-tion of the Loring Park areain the 1970s and 1980s.

Mr. Fine also had a lifelonginterest in physics. In 1992,he helped establish the

William I. Fine TheoreticalPhysics Institute at the Uni-versity of Minnesota . Healso lectured at the LawSchool and the School ofArchitecture.

He is survived by his wife ofeight years, Bianca Conti-Fine; his sister,Toby Silver-mann; and his brother,Maelach Fine. ■

Robert M.KommerstadClass of 1952

Robert M. Kommerstaddied Thursday, July 11,

2002 of heart failure at hishome in Bradbury, Califor-nia. He was 75.

Mr. Kommerstad was a

founder of the Pasadena-based Provident InvestmentCounsel, now one of thelargest investment manage-ment and consulting firms inthe country. He was afounder and served on theBoard of Directors of Mel-lon First Business Bank inLos Angeles. He was Chair-man of the National Boardof Big Brothers/Big Sistersof America and was a boardmember and former presi-dent of Big Brothers ofGreater Los Angeles. Mr.Kommerstad also served on

several boards including theUniversity of Minnesota LawAlumni Association, UCLAGraduate School of Business,Just Off Melrose and SideoutSport And Robeks.

Mr. Kommerstad grew up insouth Minneapolis andattended South HighSchool. He received hisundergraduate degree fromthe College of St.Thomasand graduated from the Uni-versity of Minnesota LawSchool in 1952. Mr. Kom-merstad served as a captainin the Judge Advocate Gen-eral’s Department of the U.S.Air Force following gradua-tion from law school. Heserved seven years in the ser-vice and then joined MerrillLynch. In 1963 he joinedGillette, Johnson & Associ-ates (which later becameGillette, Johnson & Kom-merstad) and in 1973, a sub-sidiary was formed calledProvident Investment Counsel.

He was known for hisincredible energy. One of thetwo framed quotations in hisoffice said “Nothing isImpossible.” Mr. Kommer-stad also was a philanthropistwho gave generously andshared his wonderful visionand insight. He created andfunded South High School’sfirst student investment fundand, in 2000, he donated $1million to the Law School toestablish the KommerstadBusiness Law & Entrepre-neurship Center. The Cen-ter now includes the Min-nesota Multi-ProfessionalBusiness Law Clinic, theMinnesota Journal of BusinessLaw and Entrepreneurship, anda speakers forum.

In Memoriam

Robert M. Kommerstad

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54 Law Alumni News ❚ Fall/Winter 2003

As an equestrian he wasappointed to the NationalCouncil of the United StatesEquestrian Team. His horse,Udon, competed in the 1996Summer Olympics and wona bronze medal.

He is survived by his wife of 46 years, Lila, and adaughter, Carol of Vancouver, Canada. ■

MitchellScott PaulClass of 1988

Mitchell Scott Paul, age47, dear friend and

Minneapolis attorney, diedunexpectedly at his home onMay 1, 2002.A native ofChicago, he earned his B.A.degree in English Literaturefrom McGill University inMontreal, Canada in 1978.Before the commencementof his legal career, he workedas security guard, truck dri-ver and an aid to Aldermenin the city of Chicago. Healso managed a boardingkennel in rural Ontario,worked as a reference assis-tant at McGill UniversityLibraries and managed a barin Montreal.

Mr. Paul received his JurisDoctorate degree cum laudefrom the University of Min-nesota Law School in 1988.While at the University ofMinnesota, Mr. Paul taughtlegal writing, made theDean’s list and received anABA certification of recog-nition. He also providedlegal research for LawReview articles on mergerin the context of mortgageforeclosure and CERCLAliability of lenders and acriminal procedure textbook.

After graduation, Mr. Paulbecame a member of theLitigation Department atParsinen, Bowman & Levy;he also served as AttorneyDirector of the ABA MootCourt Program at the Uni-versity of Minnesota LawSchool. For 10 years, he wasa sole practitioner, practicingin the areas of business, fami-ly, environmental and civilrights litigation and broughtseveral major qui tamactions.Among his legal col-leagues, he was the personcalled upon for assistancewith legal strategy on theirmost difficult cases, as well asan advisor on ethical issues.In addition to his law prac-tice, Mr. Paul was an avidbird watcher with a life listof 649 species. In pursuit ofsighting a new species, hetraveled the world to placeslike Australia, Costa Rica, thePhilippines, Hong Kong,Canada coast to coast, andevery state in the UnitedStates. Mr. Paul was notedamong his friends as anauthority with encyclopedicknowledge of literature,music, and cinema as well asmost esoteric trivia.

Mr. Paul was preceded indeath by his mother, RuthJaburek Paul. He is survivedby his father, Leslie R. Paul(Jerelyn); brother, Kimball(Abby); nephew, LeonardPaul; aunt, Judith Fishman;cousins, Jeffrey and MichaelFishman; and many otherextended family members all in the Chicago area. ■

In Memoriam

By Dennis J Verhaagh (’72)

After my first year of law school in Madison, I transferredto the University of Minnesota in Fall of 1970 for some

relief from the war protests and turmoil on the Madison cam-pus. Gary hung out with a group of Vietnam veterans whohad returned to the University of Minnesota to finish schoolafter their tours of duty. Gary was the leader of the group andhe invited me into their circle. He wore a tough face but wasa real soft-hearted guy and very fearless. In the Spring of1972, war protests reached Minnesota and the National Guardwas called out to quell student protestors.There was so muchheadknocking going on with hickory sticks that the U of MMedical School asked for some restraint on that practice. Iremember Gary dragged me along one noon hour to see if heknew any of the guardsmen.As we walked along the line ofguardsmen, several rapped their sticks on the sidewalk as wepassed by. I stiffened but Gary just laughed and yelled out to afew of them by name and they responded,“Hey Koecheler,what are you doing here?” Everything seemed to calm downafter that. He was so proud of St. Paul where he grew up. Iremember Professor Dave Graven gave a final in his Negotia-tions class one night at his home.We were all given $2000 inmonopoly money and two hours of mandatory play time atguts poker.Whatever you had at the end counted to third ofyour grade. It ended at 2 a.m. and Gary insisted that I accom-pany him to one of his after-hours haunts in St. Paul. It was ascary place and I didn’t think I’d walk out alive but they allknew Gary and I was welcomed just because I was his friend.He was one of those genuine people you never forget.

Gary Koecheler worked on the 84th floor of the WorldTrade Center as a government trader for Euro Brokers

Inc. and on September 11, 2002, he died in the attack onTower 2. He grew up in St. Paul, Minnesota where he attend-ed Cretin-Derham Hall. He received his undergraduatedegree from the University of Minnesota Law School in1962. He served in the United States Army, completing twotours of duty in Vietnam, and in 1968, Mr. Koecheler wasawarded the Bronze Star for bravery. He then earned his JurisDoctorate in 1971 from the University of Minnesota LawSchool. He worked as an attorney for the United States gov-ernment in maritime law in Washington, D.C. and laterbecame General Counsel for the Port of Baltimore. Mr.Koecheler began his career as a government bond broker in1982 with RMJ Securities.At the time of his death, he was agovernment bond broker at Euro Brokers Inc. He had been aresident of Harrison, New York for 15 years. Mr. Koechelerserved on two boards: the Fordham Preparatory School in theBronx and the Catholic Youth Organization (1984–86).

He is survived by his wife, Maureen; sons, John and Paul; hismother, Monica Koecheler; brother Gene Koecheler of PalosVerdes, California; sisters, Mary Jo Heine of Eagan, Minnesotaand Judith Schneider of St. Paul, Minnesota; and many sisters-and brothers-in-law, nieces and nephews. ■

Gary Koecheler, Class of 1972World Trade Center Victim, Our Alumnus

Our Classmate and Friend

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55Law Alumni News ❚ Fall/Winter 2003

Class of 1924Lewis E. SolomonSt. Paul, MNJanuary 11, 2002

Class of 1931Raymond W. BruessParadise, CANovember 5, 2001

Class of 1932Maurice L. GrossmanRancho Bernardo, CAMay 13, 2002

Class of 1933Alice C. FiddesEdina, MNFebruary 7, 2002

Ira C. PetersonEdina, MNNovember 26, 2001

Class of 1936Elmer W. FosterSpringfield,VADecember 23, 2001

Howard W. MithunMinneapolis, MNOctober 2, 2002

Howe E. NasbyJackson, MNJanuary 6, 2002

Luther A. PaulsrudeDodge Center, MNMay 29, 2002

Class of 1937John J.TebeliusHarvey, NDDate of death unknown

Class of 1938Jack J. KotlarFt. Myers, FLApril 10, 2002

Class of 1939Donald M. RuppEdina, MNApril 23, 2002

Class of 1940Gerald S. RuferFergus Falls, MNDecember 31, 2001

Class of 1942Kenneth L. SovereignLake Elmo, MNFebruary 15, 2001

Class of 1947Robert W. CorlettSan Rafael, CAApril 18, 2002

Leonard A. HansonTorrance, CAOctober 8, 2002

Class of 1948Honorable Edmund J.BelangerDuluth, MNNovember 19, 2001

Owen A. JohnsonSeattle,WAOctober 30, 2001

William B. PattonMinneapolis, MNOctober 22, 2001

Bernard G. ZimpferRobbinsdale, MNMay 12, 2002

Class of 1949Neil C. DuffyMinneapolis, MNMarch 26, 2002

Honorable Robert E. LeeCaledonia, MNOctober 18, 2001

John R. ParkerHemet, CAJuly 13, 2002

Robert H.TrautmanMinneapolis, MNDecember 8, 2001

Class of 1950William I. FineMinneapolis, MNMay 18, 2002

Honorable Otis H. Godfrey, Jr.St. Paul, MNJuly 17, 2002

George F. PougialesRochester, MNMarch 12, 2002

John C. RowlandNorth Oaks, MNMarch 12, 2002

Class of 1951Walter B. SentyrzMinneapolis, MNJuly 16, 2001

Class of 1952Robert M. KommerstadBradbury, CAJuly 11, 2002

Honorable James E. PreeceBemidji, MNMay 14, 2002

Class of 1953Marlin L. KastamaOakland, CAMarch 6, 2002

Class of 1954Donald J. PaquetteGolden Valley, MNSeptember 18, 2000

Class of 1958John M. LeffingwellSonora, CAFebruary 22, 2002

Class of 1959Roger F. KaronAthens, GAMay 11, 2001

Class of 1961Donald R. BackstromBloomington, MNDecember 16, 2001

Class of 1963James W. FahlgrenMinneapolis, MNNovember 4, 2001

Class of 1967Frank R. SushakEdina, MNNovember 9, 2001

Class of 1972Gary E. KoechelerHarrison, NYSeptember 11, 2001

Class of 1975Michael T. HoekstraWayzata, MN September 16, 2002

Class of 1977Stuart R. BriggsSpokane,WAAugust 9, 2002

Class of 1988Mitchell S. PaulMinneapolis, MNMay 1, 2002

Class of 1989Jeffrey J.WeillSt. Paul, MNApril 27, 2002

In Memoriam

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56 Law Alumni News ❚ Fall/Winter 2003

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Send your Class Notes or Changes to: Law Alumni Association

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University of MinnesotaLaw Alumni Association

OfficersRonald J. Schutz ’81, PresidentStephen F. Befort ’74, Treasurer

DirectorsTerm Ending 2003Stacy L. Bettison ’99, Minneapolis, MNJoseph T. Carter ’83,Apple Valley, MNChristopher J. Chaput ’85, New York, NYA. James Dickinson ’65, St. Paul, MNNeil Fulton ’97, Pierre, SDPatrice A. Halbach ’80, Minneapolis, MNRonald A. Jacks ’59, Chicago, ILEdmundo D. Lijo ’86, St. Paul, MNMitchell W. Quick ’90, Milwaukee,WIMary S. Ranum ’83, Minneapolis, MNJohn R.Tunheim ’80, Minneapolis, MN

Term Ending 2004Catherine L.Anderson ’73, Minneapolis, MNRonald D.Aucutt ’75, McLean,VAThomas A. Clure ’63, Duluth, MNJoan L. Heim ’68, Washington, DCChristopher J. Kopka ’98, Minneapolis, MNJoan Ericksen Lancaster ’81, St. Paul, MNJames M. Neville ’64, Ladue, MOThomas M. Newcomb ’76, Vienna,VAJudith L. Oakes ’69, Minneapolis, MNRonald J. Schutz ’81, Minneapolis, MNEdward J.Wallin ’67, Orange, CAKenneth R.White ’82, Mankato, MN

Term Ending 2005John R. Beaulieu, ’97, Miami, FLPhilip C. Carruthers ’79, St. Paul, MNTracey B. Davies ’97, Austin,TXSylvester James, Jr. ’83, Kansas City, MOR. Hugh Magill ’85, Chicago, ILErica D. McGrady ’96, Washington, DCLynn M. Roberson ’79, Atlanta, GABrian J. Schoenborn ’95, St. Cloud, MNMichael R. Sieben ’72, Hastings, MNPaul D. Swanson ’82, Seattle,WAMary L.Wegner ’86, Santa Monica, CAGail L.Weinstein ’83, New York, NY

Alex M. Johnson, Jr., Dean

©2003 by the Regents of the Univeristy of Minnesota. Photo by Tom Foley.

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Nonprofit Org.U.S. Postage

PAIDMinneapolis, MNPermit No. 155

University of Minnesota Law School229 19th Avenue SouthMinneapolis, MN 55455

Class of 1972 Reunion.