All Rise Winter 2013 by Moritz College of Law

All Rise

THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF L AW

WINTER 2013

The Creepy Factor A NEW DAWN FOR PRIVACY REGULATION

INSIDE

Justice Stratton ’79 prepares for next advocacy role 1 Degree, 10 Careers in higher education

Exposure

TODD CALLENTINE

Although they come from different universities, these first-year students are all Buckeyes now.

2 T H E O H I O S TAT E U N I V E R S I T Y

Dean’s Letter

Executive Editor GARRY W. JENKINS Associate Dean for Academic Affairs jenkins.434@osu.edu

Editors BARBARA PECK Chief Communications Officer peck.5@osu.edu MONICA DEMEGLIO Communications Coordinator demeglio.1@osu.edu

Contributing Writers JAY CLOUSE Communications Writer T.K. BRADY Communications Writer MAUREEN FULTON Communications Writer

Design STUDIO 630 Studio630.net

All Rise is published by: The Ohio State University Moritz College of Law 55 W. 12th Ave. Columbus, OH 43210 Phone: (614) 292- 2631 moritzlaw.osu.edu Do you want to share your thoughts on a topic covered in All Rise? Send a letter to the editor by emailing Barbara Peck at peck.5@osu.edu, or mail a letter to the address above. Letters may be edited. Diverse viewpoints are presented in this publication, and they do not necessarily reflect the official policies of the law school.

Alumni make the di�erence n When law professors talk to deans about deaning, a common refrain is “I might like to be a dean, but I would hate/I could never ask people for money” (and, in truth, I was apprehensive about fundraising when I was appointed interim dean). Now I answer that “advancement” work is one of my favorite parts of this great job. The alumni I meet as I travel across Ohio and the country are an extraordinarily interesting group who have accomplished amazing things, and their generosity and passion for the law school is truly inspiring. I listen to their stories about how Ohio State’s law school changed their life trajectory and helped them pursue a career they cherish. The College has made a difference in their lives, and now they are ready to make a difference in the lives of the next generation. Their excitement about the people and programs at the law school, and their pride in our achievements, is a joy to see. The faith in the College our alumni demonstrate through their generosity is both energizing and humbling. To be entrusted with a personal gift from a graduate is a trust than none of us take lightly. Many of the professional successes of our faculty and graduates as well as the fantastic programs you will read about in this edition of All Rise are made possible because of alumni giving. The Election Law @ Moritz program, Law and Capital Markets, new fellowships for our recent graduates, the Dinsmore & Shohl Student Commons, and our journals and other student activities would not exist or be as vibrant without your support. In addition, in the fall we welcomed a new group of first-year students who are talented, passionate, and ready to start their careers. Just as law school enrollment nationwide has dropped by almost 15 percent, this year’s entering Moritz class is the smallest in more than a decade. The generosity of our alumni has allowed us to maintain scholarship levels and programming consistent with previous years, despite the very challenging environment. Now more than ever, alumni support is a differentiating factor among law schools. Ray Persons ’78 is a good friend and great lawyer who could not have achieved his success without scholarships as an undergraduate and law student. He is the first person to be featured in our “Why I give…” spotlight in the back of this issue. His story is inspiring, as are the stories of so many of our alumni. I would love to learn why you give and am deeply grateful for your support of the law school. All gifts, no matter the size, have a direct impact on our students, faculty, and staff.

Dean and Edwin M. Cooperman Professor of Law

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Contents

WINTER 2013

12 14 18

T H E O H I O S TAT E U N I V E R S I T Y

12th & High Journal Chiefs

Meet the students leading law journals this year.

38 22 ‘A giant among us’

Friends, colleagues, and protégés remember fondly the Honorable Robert Duncan ’52.

Milestone

For 10 years, the Washington, D.C., Summer Program has made an impact on students.

26 New Faces

The College welcomed three new professors in the fall.

New Program

Law and Capital Markets @ Ohio State is the latest addition to the ever-expanding business offerings at the College.

All Eyes on Court

Moritz experts break down what’s at stake in cases pending this U.S. Supreme Court term.

IN EVERY ISSUE

66 58

With so much technology literally at one’s fingertips, privacy debates are taking place globally.

48 1 Degree, 10 Careers

Ten alumni share how their J.D. has proved useful in a career in higher education.

52 Her Life’s Mission

Former Ohio Supreme Court Justice Evelyn Lundberg Stratton ’79 turns to advocating for veterans and those battling mental illness.

Dean Alan C. Michaels never thought asking people for money would become one of his most favorite parts of the job.

Notebook

Overheard in Saxbe

Faculty Q&A

In Print

Alumni Profiles

Alumni Notes

Features

38 The Creepy Factor

Dean’s Letter

Catch up on news from the College.

Intriguing events with phenomenal speakers lead to thought-provoking quotes.

David Stebenne offers insight on Election Day 2012 not yet discussed by political pundits.

Martha Chamallas releases a third edition to the leading treatise on feminist legal theory.

All Rise tells the stories of John Lowe ’98, Tiffany Smith ’09, and John Barron ’01.

Discover what is new with alumni around the world.

58 New to the Court

Newly appointed to the Ohio Supreme Court, Judith French ’88 hopes to show lawyers the same respect she did in the 10th District Court of Appeals.

60 Reinventing the Clerkship Expanding the traditional judicial clerkship model could be the next trend in the legal job market.

“It’s more important than ever for consumers to be empowered.” – Tiffany Smith ’09

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1 OF EVERY 5 dollars spent this year at the College came from alumni support. Gifts provide for student organizations, journals, moot court, financial aid, clinics, and more. YOUR DOLLARS MAKE A DIFFERENCE. giveto.osu.edu/moritz

Notebook PEOPLE

• PROMOTIONS

•

HONORS

•

EVENTS

• QUOTES

•

New year begins with brand-new student commons n The intermittent sound of the opening and closing of wooden lockers could be heard in the northeast corner of The Ohio State University Moritz College of Law on Aug. 16. The area was bustling with excitement from faculty, staff, and students filtering into the space to see the new Dinsmore & Shohl Student Commons for the first time. “On behalf of the Moritz community, I’m expressing our deepest gratitude to Dinsmore & Shohl for their very significant contribution that made it possible for us to remodel the student commons area,” Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law, said to the crowd. Addressing 1L students, he said, “I hope a good portion of you visited the college last spring before deciding to come here because I don’t think you can fully appreciate the difference the new Dinsmore & Shohl Student Commons makes unless you saw the old student locker room.” Michaels joked there were a few “legacy lockers” left behind if anyone wanted to take one last gander. Renovations to the old student locker area, which was built in 1959, began in May and included new lockers, flooring, ceilings, utilities, mailboxes, furniture, and other details, courtesy of Moritz alumni at Dinsmore & Shohl, LLP and a matching gift from the firm. The fundraising initiative was led by Frank C. Woodside III ’69 and Donald B. Leach ’82,

NEWS

•

AND MORE

who secured contributions from their fellow Moritz alumni, ranging from the classes of 1966 through 2009. “There’s nothing that ever happened in this room that related to the study of law,” Woodside said. Reflecting on playing cards and joking about “gambling through law school” in the old locker area, Woodside said Dinsmore & Shohl alumni were a bit chagrin to hear the space had not been renovated. “We had a lot of good times in this room,” Woodside said. “We sincerely hope that with the changes and upgrading that have been made to this room that you all will have just as great of an experience as we did. And when you get out, you’ll remember this place as fondly as we do.” 3L Heather Sobel spoke on behalf of the Class of 2012, which raised more than $2,600 to purchase video screens as a class gift, for the commons. “There followeth after me today a youth whose feet must pass this way,” Sobel read from the poem The Bridge Builder, which was about an old man rebuilding a rickety bridge to ensure those who came later would cross it more safely than he had. “There’s something that’s in the Moritz community about giving back and making something better for those who come after you,” Sobel said. “Whether you’re new to the Moritz community or an alum of many years, I hope you’re as proud as I am to be in a community of bridge-builders.” After recognizing the project committee comprised of Moritz faculty, staff, and students who worked with M+A Architects to design the space, Michaels snipped the red ribbon, officially opening the Dinsmore & Shohl Student Commons. “That was the last remaining part of the original building, yet to be remodeled,” Michaels said. “It’s our fondest hope and expectation that this will once again become a place that you want to be in and an exciting gathering spot for our students.” – Sarah Pfledderer

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Notebook

University trustees promote faculty n The Ohio State University Board of Trustees approved multiple appointments and promotions for faculty members of the Moritz College of Law at its June meeting:

Cinnamon Piñon Carlarne was promoted to the rank of associate professor with tenure. A leading expert in environmental law and climate change law and policy, Carlarne’s scholarship focuses on the evolution of domestic and international environmental governance and includes a book on comparative climate change law and policy with Oxford University Press. Carlarne earned her J.D. from the University of California, Berkeley, and she holds a B.C.L. and master’s degree in environmental change and management from the University of Oxford.

Sarah Rudolph Cole was appointed the John W. Bricker Professor of Law. A graduate of the University of Chicago Law School, Cole practiced labor and employment law with firms in Seattle and Chicago. Cole is the director of the Program on Dispute Resolution at Ohio State, where she focuses her research on legal issues and policy that have arisen due to increased use of alternative dispute resolution. She joined the Moritz faculty in 1998.

Edward B. Foley was appointed the Chief Justice Thomas J. Moyer Professor for the Administration of Justice and the Rule of Law. He is the director of Election Law @ Moritz, the nonpartisan research, education, and outreach program that focuses on issues pertaining to how elections are held. Foley teaches and writes in all areas of the law, including ways to improve resolving disputed elections. A graduate of Columbia Law School, Foley clerked for Justice Harry Blackmun of the United States Supreme Court and, in 1999, served as the State Solicitor of Ohio in the Ohio’s Attorney General’s Office.

Marc Spindelman was appointed the Isadore and Ida Topper Professor of Law. A graduate of the University of Michigan Law School, Spindelman’s scholarship focuses on certain problems of inequality, chiefly in the context of sex and death. He joined the Moritz faculty in 2001 and regularly teaches courses on Family Law, Constitutional Law, Advanced Constitutional Law, Bioethics and Public Health Ethics, and Sexual Violence.

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Stephanie Hoffer was promoted to the rank of associate professor with tenure. A graduate of Case Western Reserve University School of Law, she also received her LL.M. in taxation from New York University School of Law. Hoffer has practiced in the tax department of Squire, Sanders & Dempsey L.L.P. and clerked for Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit. Her research focuses on international and comparative taxation, tax-exempt and governmental entities, and commercial transactions.

Garry Jenkins was promoted to the rank of professor. He specializes in law and philanthropy, corporate social responsibility, corporate governance, and civil rights in education. Jenkins also is the codirector of the College’s Program on Law and Leadership. A graduate of Harvard Law School and Harvard Kennedy School, Jenkins was chief operating officer and general counsel of The Goldman Sachs Foundation. He serves on the governing boards of his undergraduate alma mater, Haverford College, and the American Civil Liberties Union of Ohio.

Joseph “Josh” Stulberg was appointed the Michael E. Moritz Chair in Alternative Dispute Resolution. He has been active in the field of alternative dispute resolution as a practitioner, scholar, and teacher since 1973. He has mediated disputes of national significance and has led the design and implementation efforts of numerous court-annexed, agencybased, and school mediation programs. Stulberg earned his J.D. from New York University School of Law and his Ph.D. in moral philosophy from the University of Rochester. – Monica DeMeglio

Notebook BY THE NUMBERS

Public interest work

3,490

hours have been donated to U.S. Attorney’s Office locations across the country by the classes of 2012 and 2013 alone.

450 OutLaws honored with University Award n The student-led group OutLaws Mary Beth Beazley said. “All of these was named a recipient of the 2012 Distinschool-based and community organizaguished Diversity Enhancement Award, tions’ members have benefited from a University-wide award that recognizes OutLaws’ commitment to educating the units or individuals that have OSU and local community about demonstrated a significant comsexual orientation and gender H O N O R S identity issues.” mitment to enhancing diversity at The Ohio State University. OutLaws seeks to inspire a spirit The organization, comprised of cooperation and an acceptance of students, faculty, and staff of the of diversity at the Moritz College of Law. College of Law, promotes understanding To that end, the group embraces the of legal issues that affect the gay, lesbian, participation and support of all persons, bisexual, and transgender communities. including heterosexual law students, To do so, the group sponsors a wide range faculty, and staff, as allies in accomplishof events each year and partners with ing their mission. other organizations, both within the law “Thanks and congratulations to Outschool and the broader community, to laws whose outstanding efforts make such create large-scale collaborative events an important contribution, as this recwith speakers from the University, Ohio, ognizes,” said Alan C. Michaels, dean and and nationally renowned organizations. Edwin M. Cooperman Professor of Law. “OutLaws is not timid about challengMembers of OutLaws were invited to ing others to examine and re-examine attend a University luncheon and were their position on social issues, encouragrecognized on the field at halftime of the ing positive social change that starts here Ohio State vs. Purdue football game. at OSU and extends outward,” Professor – Barbara Peck

hours of volunteer service must be accumulated for a student to achieve the distinction of Public Service Fellow with the Dean’s Highest Honors upon graduating. Nine students did so in 2012. student received funds from the Public Interest Law Foundation to work for the United Nations in Geneva, Switzerland last summer.

74%

of student requests for PILF funding were met in 2012. The group would have needed an additional $22,825 to meet all needs. is when donations for the 2013 PILF auction are needed. Interested in contributing? Email dunlap.226@buckeyemail. osu.edu.

states were beneficiaries of pro bono work of a Moritz student who was a beneficiary of PILF funding in 2012.

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Notebook Professor Donald Tobin, the Frank E. and Virginia H. Bazler Designated Professor in Business Law, testifies before a U.S. Senate Ways and Means subcommittee.

Professor Peter P. Swire, the C. William O’Neill Professor in Law and Judicial Administration, talks with students on Capitol Hill during the summer of 2012.

Moritz professors head to Capitol Hill n Three Moritz professors recently testified before Congress a total of four times. Donald Tobin, the Frank E. and Virginia H. Bazler Designated Professor in Business Law, testified July 25 before a U.S. Senate Ways and Means subcommittee on political and campaign advocacy activities of 501(c)(4) nonprofit organizations. Tobin told the Subcommittee on Oversight that public charities have sought “more sophisticated ways to participate in the public sphere” and “creative ways to increase their impact and their revenues” as they expand activities in the United States and abroad. “To accomplish these tasks, public charities have turned to increasingly complex organizational structures including for-profit subsidiaries, joint ventures with for-profit entities, and affiliated organizations,” Tobin testified. “… These arrangements not only increase complexity for the entities involved, but they also increase complexity in the tax code, as further regulations and provisions are necessary to ensure that tax subsidies available to public charities are not used to subsidize lobbying and political campaign activity.”

T H E O H I O S TAT E U N I V E R S I T Y

Peter P. Swire, the C. William O’Neill Professor of Law, testified July 31 before a subcommittee of the U.S. Senate Committee on Homeland Security and Governmental Affairs hearing titled “State of Federal Privacy and Data Security Law: Lagging Behind the Times?” The Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia was interested in Swire’s thoughts “I personally would on a range of not like to have an issues pertaining Internet where I to federal agency believed that each privacy and data moment of my practices. browsing might Swire also easily be breached testified at a U. S. and shown to the Senate Commitentire world.” tee on Com– Peter P. Swire merce, Science, and Transportation hearing titled “The Need for Privacy Protections: Is Industry Self-Regulation Adequate,” on June 28. Swire provided historical context about self-regulation and privacy to the committee, including points such as government regulation leading to self-

regulation, and giving greater attention to technical and administrative measures for online privacy de-identification. “I personally would not like to have an Internet where I believed that each moment of my browsing might easily be breached and shown to the entire world. For you and your families, it would reduce the quality of the Internet if you thought that any page you visited needed to be treated like something that might be released to the public,” Swire testified. “That is not the experience we have today. However, if we do not foster good practices, then we risk losing confidence in our use of the Internet.” Professor Daniel P. Tokaji, the Robert M. Duncan/Jones Day Designated Professor of Law and senior fellow at the nonpartisan Election Law @ Moritz, testified before the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights and Human Rights. Tokaji’s May 7 testimony focused on new state voting laws. “For the most part, the recent round of state election laws have the effect and apparent intent of making it more difficult for eligible citizens to vote,” Tokaji wrote in his testimony. – BP

Notebook

LL.M., M.S.L. classes largest in College history n This year’s Master of Laws Program (LL.M.) students and Master in the Study of Law (M.S.L.) students are the largest classes yet to come to Moritz, according to Jessica Dworkin, assistant dean for international and graduate affairs. The LL.M. program is designed for foreign lawyers who wish to advance their legal education. They come to Moritz for the opportunity to immerse themselves in U.S. legal education among American law students for one year. There are 14 students this year, representing eight different countries. Several students graduated from their bachelor of laws programs this spring and have never been abroad. Others have been practicing law for several years before making the decision to return to school. “They present a great opportunity for J.D. students to learn about legal systems and the culture of other countries. In as much as they have come to learn about the

U.S., we can also learn from them,” Dworkin noted. This year’s LL.M. students hail from China, Czech Republic, Ghana, India, Islamic Republic of Iran, Mexico, Nigeria, and Romania. Moritz’s three returning M.S.L. students are now joined by three new M.S.L. classmates. All currently work for the University and are pursuing a master’s degree in law to augment their teaching, research, or professional skills. They come from across campus, including the African-American and African Studies Department, Office of Academic Affairs, the Department of Chemistry, the College of Education and Human Ecology, the John Glenn School, and Office of Student Conduct. “M.S.L. students hold senior positions in their fields, or are professors. They bring to the classroom a perspective that is informed by their advanced experience,” Dworkin added. – MD

Outstanding professor, staff member selected The Class of 2012 recognized Professor of Law Ric Simmons and Assistant Dean for Academic Affairs Monte Smith ’90 with the Morgan E. Shipman Outstanding Professor award and the Outstanding Staff Member award, respectively. “This is one of the greatest professional honors I could receive,” Simmons said. Smith, who has won the award multiple times, added, “I’m honored. I feel like I should be giving them an award, not the other way around.”

Stulberg awarded fellowship n Joseph “Josh” Stulberg, the Michael E. Moritz Chair in Alternative Dispute Resolution, was awarded a 2012 Ikerbasque Research Fellowship. The Ikerbasque Basque Foundation for Science, with financial support from the European Union, promotes knowledge and technology transfer by strengthening international research networks. Stulberg, one of two U.S. scholars chosen, was the only 2012 recipient among the 18 international scholars selected whose work falls in the law/humanities area. Stulberg and his wife, Midge, spent the summer and fall semester in full-time residence at the University of Deusto Law School in Bilbao, Spain. Working in collaboration with Professor Maria Pilar Canedo, the Jean Monnet Chair in Transnational Trade Law, and Luis I. Gordillo, professor of constitutional law, Stulberg is analyzing how cultural values shape the design and implementation of mediation procedures and practices. That project constitutes the foundation for his larger comparative study of member nation implementation of the European Union’s directive governing the use of mediation to resolve crossborder commercial disputes. On Sept. 11, he delivered the opening distinguished lecture to the multinational program audience at the International Organizations and Transnational Trade Law program.

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12th & High

Meet this year’s journal editors-in-chief BY MONICA DEMEGLIO

Barbara Jordan, Ohio State Law Journal,

Mallika Reddy, Ohio State Journal on

Rees Alexander, Ohio State Journal of

from New Albany, Ohio, graduated from The Ohio State University in 2004 with a bachelor’s degree in civil engineering. She worked in leadership roles prior to law school as a roadway and traffic engineer.

Dispute Resolution, from Beachwood, Ohio, graduated from Case Western Reserve University in 2010 with a bachelor’s degree in anthropology and Spanish. In addition to furthering her leadership abilities, Reddy said she’s looking forward to working with and creating a positive, valuable experience for the journal’s staff members.

Criminal Law, from Powell, Ohio, graduated from Miami University in 2008 with a degree in psychology and English. He said Professor Joshua Dressler, the Frank R. Strong Chair in Law, influenced his interest in criminal law and his decision to join the journal.

“The best reward I look forward to gaining from this experience is knowing that I contributed to the continued success of the Ohio State Law Journal,” she said. Jordan mentioned several initiatives in store for the journal this year. Amid continuing the development of Furthermore, an online supplement to the journal launched in April, Jordan said she hopes to reach out to the journal’s alumni with writing and editing programs.

T H E O H I O S TAT E U N I V E R S I T Y

“I view my involvement on the journal as an opportunity to contribute to a highly respected journal while continuing to work closely with faculty members,” she said.

“One great aspect about the Journal of Criminal Law is that it is a facultystudent cooperative venture,” Alexander said, adding that such faculty members are “leading minds in the field of criminal law.” He hopes to advance the journal’s online presence through its Amici blog, which provides commentary from practitioners on criminal law topics.

12th & High

“We are similarly interested in business law and in achieving the mission of our journal: producing a publication of scholarly research that explores the legal issues facing entrepreneurs, business owners, and venture capitalists.” – Dania Korkor

Michael Kroner, I/S: A Journal of Law

Dania Korkor, Ohio State Entrepreneurial

and Policy for the Information Society, from Miami Beach, Fla., graduated from Oberlin College in 2007 with a degree in English. Having worked for a newspaper and volunteered at a public radio station prior to law school, Kroner said he initially involved himself with the journal because he was interested in the subject matter.

Business Law Journal, from Canton, Ohio, is a 2010 graduate of Case Western Reserve University, where she studied psychology and minored in Arabic. Korkor said her involvement with the journal has benefited her career objectives regarding interactions between private and public sectors. As a previous staff editor, she said, “I decided to join our journal because it allowed me to edit articles on business law and write a student note on an issue relating to the interaction between government and small businesses.” As was almost unanimous among all the new editors, Korkor said she most enjoys working with a mixed community of faculty and students. “We are similarly interested in business law and in achieving the mission of our journal: producing a publication of scholarly research that explores the legal issues facing entrepreneurs, business owners, and venture capitalists.”

“In addition to maintaining the journal’s publishing standards and strict deadlines, he wants to “build enthusiasm for the journal among our staff and editors, both in the academic and social contexts.”

Notable Quotables “Are we going to completely ... revamp our legal system because of the fanatical reactions and opportunistic political reactions of people in another country? Is the United States going to have to say, ‘Our legal standards are going to have to track what’s going on the other side of the world?’ I certainly hope not.” – Professor Emeritus David Goldberger on WOSU’s All Sides with Ann Fisher, discussing the U.S. made movie on Islam that many claim led to riots in the Middle East

“It’s not unprecedented to have these lastminute lawsuits over voting process. They’ve just snowballed since Bush v. Gore.” – Professor Edward Foley in Business Week discussing the rise in pre-election litigation

“It’s an inherent conflict of interest because you’ve got an umpire who’s a betting stake in the game.” – Professor Daniel Tokaji on CBS News discussing the importance of having nonpartisan election officials

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12th & High

D.C. summer program celebrates milestone, memories, molding careers BY MAUREEN FULTON

n At 11:30 p.m. one November evening in 2008, the night before sign-ups for the Washington, D.C., Summer Program, Adam Heider ’11 answered his phone. “There are already five people in line,” his friend told him. Heider, then a 1L, knew he wanted to participate in the D.C. program the summer after his first year of law school. The program was a major reason he chose The Ohio State University Moritz College of Law over law schools located in the D.C. area. But the program only accepted

T H E O H I O S TAT E U N I V E R S I T Y

the first 20 students who signed up. So, he headed over to campus and prepared for a long night. Heider and his friends only got a few hours of sleep that evening, camped out in the hallway playing cards, but the next morning, they got on the list. “There were people who didn’t get to do the program because they didn’t sleep in the law school,” Heider said. Program Director Peter P. Swire said, “I felt like Bruce Springsteen.” Last summer Moritz celebrated the

10th year of its popular Washington, D.C., Summer Program, created for students who want to experience the legal field in the nation’s capital. Swire, the C. William O’Neill Professor in Law and Judicial Administration, has headed the program since its inception. After the 2009 summer, the policy changed to an application process rather than first come, first served, so as not to encourage bringing sleeping bags to the law school. Students participating in the program earn three credits for working at a legal

12th & High

Program made decision easy Just as students choose Moritz for their school-year curriculum, many D.C. Program alumni chose to attend Moritz because of the opportunity to spend the summer working in Washington. Moritz Associate Dean for Admissions Kathy Seward Northern said the D.C. Program is particularly attractive to prospective students who are interested in public service. “We have a significant programmatic focus on government, legislation, and election law,” said Northern, “and the D.C. Program is an important aspect of that concentration.” Some Moritz students opted to participate in the program to add to previous D.C. experience and expand their connections. Amy Valentine McClelland ’06 worked at lobbying firm QGA Public Affairs during the summer of 2004. She previously worked on Capitol Hill before

enrolling at Moritz and wanted to get more experience in the political arena. “One reason I was interested in Ohio State was because they had a big focus on legislation and politics, with the mandatory Legislation class, ” McClelland said. “Ohio State had more flavor in the national political scene than I expected. It seemed unique for a school in Columbus to have a strong presence and active alumni network in D.C.”

“The D.C. Program was one of the main reasons I chose Ohio State,” Heider said. “I thought I wanted to explore other horizons, but this was a way I could stay in Ohio and still live in D.C.” Summer experiences unparalleled In the summers of 2011 and 2012, the Moritz D.C. Program legal ethics course didn’t just focus on the White House; they held class in the White House.

“Ohio State had more flavor in the national political scene than I expected.” – Amy Valentine McClelland ’06

Heider learned about the D.C. Program at Admitted Students’ Visitation Day. After earning his bachelor’s degree from Ohio State, Heider initially leaned toward attending a different school for his law degree. Hearing about the D.C. Program, as well as Moritz’s election law program, changed his mind, however.

The previous two summers, Swire’s legal ethics class has held sessions in the Eisenhower Executive Office Building next to the West Wing of the White House, with White House counsel as the featured speakers. Afterward, students were allowed to walk through the building and take pictures by the West Wing,

JAY MALLIN

externship at a government agency or nonprofit group. They also take a twocredit course, The Ethics of Washington Lawyering, taught by Swire. “Students get experience on the national stage,” he said. “They get real-life experience in a particular subject area, like international trade, health care, banking. Having that kind of substantive experience gives them something to build on as they go forward in their careers.” Perhaps the program’s biggest draw is the externship component: Students’ placements are on par with any law school in the country. Externships in recent years have included the U.S. departments of Justice, Energy, Education, and Homeland Security; the Center for American Progress; the Consumer Federation of America; the Federal Communications Commission; the U.S. Patent and Trademark Office; Appleseed; and more. Students accepted into the program work with Swire to obtain an externship for the summer, mixing their interests with Swire’s knowledge and connections. Swire said in the 10 years of the program, all but one student has secured a summer externship. “We have built up a good history with finding jobs,” Swire said.

Peter P. Swire, the C. William O’Neill Professor in Law and Judicial Administration, testifies before the U.S. Senate Committee on Commerce, Science, & Transportation on June 28.

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12th & High an opportunity seldom afforded to the public because the president holds dayto-day operations there. It’s no surprise, then, that Moritz alumni have found the in-class experience quite memorable. The class features speakers from every sector of the federal government and Capitol Hill. “It’s been a way to have very good guest lecturers,” Swire said. “We have had a top lawyer for the CIA, White House counsel, ethics officers in Congress, (Deputy Director) Brian Deese from the National Economic Council. We’ve had a range of people talk about how they make ethical decisions.” For Scott Clayton ’10, the class speakers were a highlight of the D.C. Program

experience. “A number of really great speakers visited, including John Podesta (former chief of staff to President Clinton), to talk to our class,” Clayton said. “He brought in lobbyists, and people with other points of view. It was all about trying to give us the best experience and give us real-life examples of what it means to work in D.C.” McClelland felt that the variety of visitors to the class made the summer well-rounded. “I was so Hill-oriented from working there before and from working at a lobbying firm that centered on Capitol Hill, that it was interesting to get others’ insights,” McClelland said.

JAY MALLIN

Peter P. Swire, director of the Washington, D.C., Summer Program, talks with students on Capitol Hill in June 2012.

“I was so Hill-oriented from working there before and from working at a lobbying firm that centered on Capitol Hill, that it was interesting to get others’ insights.” – Amy Valentine McClelland ’06

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Of course, students’ externship experiences have been unforgettable as well. When Heider worked in the office of U.S. Sen. Sherrod Brown (D-Ohio) in the summer of 2009, he found himself right in the middle of the debate over the health care bill. “I was in D.C. the summer they were marking up the health care bill, and Sen. Brown was on the health committee,” Heider said. “I would go and observe the hearings and hear the arguments. Half the stuff didn’t get into the bill but there was so much debate about it. It was so interesting.” Externships inspire careers Clayton had a primary career goal when he decided to participate in the D.C. Program the summer after his first year at Moritz: find a job with the federal government. In the summer of 2008, Clayton worked in the U.S. Department of Commerce in the International Trade Administration in the Office of Technology and E-Commerce. During his externship he worked on the Safe Harbor Principles between the U.S. and the European Union to ensure data privacy protection. Clayton went on to earn a Certificate in International Trade and Development at Moritz. He is now a foreign service officer at the U.S. Department of State. “My experience at the ITA helped confirm that I wanted to work for the federal government,” Clayton said. “The position opened my eyes to what the federal government does. It helped me figure out where I wanted to go after law school.” The Washington, D.C., Summer Program provides a resume boost for first-year law students, but it also offers a sense of place in the legal world. Alumni said they especially embraced the program because of Swire, who enhances the experience by hosting an annual cookout at his house and inviting D.C. Program alumni. “Law school your first year can be so intimidating,” said Heider, now an attorney advisor with the Social Security Administration. ”But Professor Swire is so accessible for someone who has accomplished so much in government.” AR

JAY MALLIN

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Reynolds ’01 excels on Capitol Hill n At the 2008 Democratic National Convention in Denver, Nichole Francis Reynolds ’01 was working backstage preparing speakers to go onstage when a colleague pointed out former U.S. Rep. Betty Sutton (D-Ohio) to her. Reynolds approached Sutton, who represented Reynolds’ hometown of Lorain, Ohio, and introduced herself. A few months later, Reynolds was hired as Sutton’s chief of staff in her Washington, D.C. office. The meeting might have been serendipitous, but it is no coincidence that Reynolds is in her fifth year as a chief of staff on Capitol Hill, now with U.S. Rep. Terri A. Sewell (D-Ala.). Reynolds has worked her entire career to shape policy and legislation in the nation’s capital, an interest she honed at The Ohio State University Moritz College of Law. In 2011, The Washington Post called Reynolds a “rising star,” stating that she is “expert at both serving constituents and mentoring office staff.”

“It is an amazing opportunity to work in a city where legislation is formed and implemented across the country,” Reynolds said. “To have the opportunity to influence that legislation and the impact of the legislation is very rewarding.” When Reynolds enrolled at Moritz, she wasn’t sure what kind of law she wanted to practice or what she should strive to do with her law degree. She had interned on the Hill during college, including in U.S. Sen. Sherrod Brown (D-Ohio)’s office but sought direction. Reynolds found it during her 1L year in Professor Ruth Colker’s Legislation course. “Professor Colker’s Legislation course further renewed my interested in the legislative public policy arena,” Reynolds said. “I learned so much about legislative history, legislative interpretation, and how the Supreme Court interprets laws. I absolutely loved it.” During her 2L summer, Reynolds

worked at a large firm in Washington, D.C., spending time in the legislative and regulatory practice group. The experience fueled her desire to return to D.C. after graduation. “I was so inspired by the attorneys who practiced in the public policy arena,” Reynolds said. “In order to really be effective, I knew I had to get more experience.” After spending a year practicing law, Reynolds found her first opportunity in politics. But to get it, she had to leave D.C. Reynolds moved to Memphis, Tenn. to be the district director for former U.S. Rep. Harold E. Ford Jr. (D-Tenn.). “Congressman Ford asked me to manage his Memphis office,” Reynolds said. “I took a big risk, and it was amazing. I learned there the importance of how public policy affects people every day.” After two years working for Ford, a stint on U.S. Sen. John Kerry’s presidential campaign, and a year in private practice, Reynolds returned to D.C. in 2007 to work on the House Homeland Security Committee. The next year, she joined Sutton’s staff. The highlight of Reynolds’ tenure with Sutton was working on the “Cash for Clunkers” legislation, which encouraged consumers to trade in gas-guzzling cars for fuel-efficient vehicles. “It was so awesome to have the opportunity to work for a dynamic member and work on behalf of issues at home,” Reynolds said. Her current position gave her the chance to lay the groundwork for Sewell, setting up her field offices and helping the congresswoman shape her legislative platform. But Reynolds’ favorite part of her job is the daily work in the office. “Managing the staff is rewarding because we are all learning together and growing together,” Reynolds said. “I’m grateful to have the opportunity to help mold and groom young people.” – Maureen Fulton

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MONICA DEMEGLIO

Professor Steven M. Davidoff talks with Laura Holleman ‘92. Holleman, investment banking general counsel at Goldman Sachs, visited Moritz as part of the Law and Capital Markets program.

Capital markets focus of new program Business offerings continue to expand BY BARBARA PECK n The Ohio State University Moritz College of Law continued to build on its recent expansion of business law courses and programs in the fall of 2012 with the debut of Law and Capital Markets @ Ohio State. The new program is designed to study global capital markets, including regulation of the internal and external governance of markets, corporations, and financial institutions in the wake of

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the Great Recession and financial crisis. The program aims to link the knowledge of scholars, industry professionals, and policymakers to stimulate new ideas, encourage knowledge-sharing, support research, and foster networks. “We have substantial expertise at Ohio State. It is not just the business faculty, but the tax, commercial, international, legislative, administrative, and dispute

resolution faculty,” said Professor Steven M. Davidoff, executive director of the program. “All these areas in some way influence capital markets.” Law and Capital Markets @ Ohio State draws on the cross-disciplinary and interdisciplinary strength of the faculty to provide the ideas, research, and products that will provide critical information and guidance for policymakers, the industry,

12th & High and academics. The program is designed to support academic research and to engage synergistically with private and public officials. “The Law and Capital Markets program is a great addition to what is already a strength for the College. Looking in retrospect at our business offerings, the growth has just been incredible,” said Paul Rose, a fellow in the program who teaches several business law courses. “We are building on some of the strength we had and taking it to the next level.” The program hosts multiple events throughout the year in Columbus and

focused on hot topics in private equity, including conflict-of-interest issues involving lawyers, bankers, and special committees. The second session, moderated by Davidoff, focused on special issues arising from hedge fund activism, including developments in shareholder activism and possible revisions to the Williams Act. “In today’s connected world, location is irrelevant,” Davidoff said. “We have the expertise and can apply it. We will use a mix of locations for events, including Columbus. Some events are easier to hold in Chicago or New York because the major-

“In today’s connected world, location is irrelevant. We have the expertise and can apply it. We will use a mix of locations for events, including Columbus. Some events are easier to hold in Chicago or New York because the majority of the speakers are located there.” – Professor Steven M. Davidoff, executive director of the program

key financial centers, including New York City and Washington, D.C. These events address the leading problems and issues business lawyers face and are commonly co-sponsored by private organizations. The Mergers and Acquisitions Roundtable is the program’s annual keystone event. The forum brings together academics, attorneys, and industry participants to discuss pressing issues. In 2012, the Mergers and Acquisitions Roundtable was held in New York City and was co-sponsored by Kirkland & Ellis LLP. The event included thought leaders from law firms, investment banking, private equity, hedge funds, academia, and government engaged in an open and vigorous exchange of ideas about the top challenges facing deal-makers today. Participants included Kirkland & Ellis partner Daniel E. Wolf, Delaware Supreme Court Chief Justice Myron T. Steele, Delaware Court of Chancery Chancellor Leo E. Strine Jr., and Vice Chancellor Donald F. Parsons. The first session, moderated by Wolf,

ity of the speakers are located there.” The next Mergers and Acquisitions Roundtable is planned for April 12 in New York. The Capital Markets course offered at the College has also been revamped. “The course has historically been a reading seminar, but now we have changed it to a lecture seminar,” Davidoff said. “We have speakers coming in just about every week, and prior to class, students are writing mini-papers on the week’s topic.” In the fall of 2012, speakers included Chris Brummer, professor of law, Georgetown University Law Center; David L. Caplan, Davis Polk & Wardwell LLP; Samuel Fried, executive vice president, Limited Brands Inc.; Michael J. Segal ’83, partner, Wachtell, Lipton, Rosen & Katz; Ezra D. Singer, senior vice president, Limited Brands Inc.; Laura Holleman ’92, investment banking general counsel, Goldman Sachs Group Inc.; Robert Jackson Jr., associate professor of law, Columbia University; >>

Business Law Programs • Law and Capital Markets @ Ohio State • Ohio State Entrepreneurial Business Law Journal • Entrepreneurial Business Law Clinic • Distinguished Practitioners in Residence • Corporate Law Moot Court Team

Business Courses: • • • • • • • • • • • • • • • • • • • • • • • • • •

Accounting for Lawyers Banking Law Business Associations Business and Tax Legal Research Business Bankruptcy Business of Law Capital Markets China Problem Corporate Counsel Problem Corporate Finance Corporate Governance Law Entrepreneurial Business Law Clinic Federal Antitrust Law Fiduciary Responsibility Hospital Problem Hot Money Seminar International Business Transactions International Joint Ventures International Mergers and Acquisitions International Trade Investment Management Law Mergers and Acquisitions Nonprofit Organizations Securities Regulation Small Business Finance White Collar Crime

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COURTESY OF KIRKLAND & ELLIS LLP

The Corporate Forum took place in New York City in 2012.

“We are training our students to be lawyers and to work in a global market. The students are being exposed to heads of mergers and acquisitions at leading firms and companies as well as leading scholars in the field.” – Professor Steven M. Davidoff, executive director of the program

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>> Claire A. Hill, James L. Krusemark Chair in Law, University of Minnesota; Robert Bartlett, professor of law, University of California, Berkeley; Andrew C.W. Lund, associate professor of law, Pace University; Randall Baron, partner, Robins Geller Rudman & Dowd LLP; Michal Barzuza, Caddell & Chapman Professor of Law, University of Virginia; and Kristin N. Johnson, associate professor of law, Seton Hall University. In addition to the Mergers and Acquisitions Roundtable and the Capital Market Speaker’s Series, which is primarily for the course, the program also includes a General Counsel Speaker’s Series and the Tax Colloquium. Two tax experts will visit Moritz in the winter of 2013. In February, the program will present a panel discussion on public pension reform. In the last decade, the business offerings at the College have grown exponentially with new courses added each year. The Ohio State Entrepreneurial Business Law Journal was started in 2006, and the College also fields a business-oriented moot court team each year. “We have been much more aggressive in the past few years with our business curriculum,” said Dale A. Oesterle, the J. Gilbert Reese Chair in Contract Law. “The enthusiasm of the students has really pushed this movement. Most realize they will likely be practicing business or business litigation, and we are offering students a lot more through new seminars, the Distinguished Practitioners in Residence program, and the real estate courses offered by Rick Daley ’78 (senior lecturer in law).” In 2012, Moritz also launched the Entrepreneurial Business Law Clinic, which is the College’s first businessoriented clinic. The clinic is funded by alumni and private donations. The Law and Capital Markets program mostly has been financed through general funds, but it already has received several private donations from alumni. “We are training our students to be lawyers and to work in a global market. The students are being exposed to heads of mergers and acquisitions at leading firms and companies as well as leading scholars in the field,” said Davidoff. AR

Overheard IN SAXBE

“Pick a headline or a challenge: the economy, health care, the environment, education, the political system. Solutions will be suffused with law. And you will be a part of them.” – Alan C. Michaels, dean and Edwin M. Cooperman Professor of Law, welcoming the Class of 2014 during law school orientation on Aug. 15.

“What we’ve seen going on since 2010, really, is the greatest assault on voting rights since the civil rights movement. … In some respects, this is a Jim Crow 2.0. I don’t know how much of it is motivated by racism as it once was. But it is clearly, as it was also at the time of Jim Crow, motivated by partisanship.” - Tova Wang, senior democracy fellow at Demos and democracy fellow at The Century Foundation, talking about voter identification laws during the Sept. 24 panel discussion “The Politics of Voter Suppression,” hosted by Election Law @ Moritz.

“No, they are not waves of the future … and they shouldn’t be waves of the future. These are programs, however successful they may be, that should be considered one-off responses to very unique situations. They are a precedent for nothing.” - Kenneth R. Feinberg giving the 2012 Lawrence Negotiation Lecture on Oct. 25 and speaking about funds created for victims of tragedies and disasters, including the September 11th Victim Compensation Fund of 2001 and the BP Deepwater Horizon Disaster Victim Compensation Fund.

“I don’t think there should be any artificial barriers, as long as people are cognizant and able to do the work.” - Yvette McGee Brown ’85, Ohio Supreme Court justice, discussing age limits for jurists in Ohio during an event with the Law School Democrats on Aug. 27.

“Our very idea of equality inspires wariness.” - Heather Gerken, the J. Skelly Wright Professor of Law at Yale Law School, delivering her lecture, “Not Your Father’s Federalism,” on Oct. 17 as part of the 2012 Order of the Coif Distinguished Visitor Program.

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‘A giant among us’ Remembering the Honorable Robert Duncan ’52 1927-2012

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n Even though he graduated as the president of his class at The Ohio State University Moritz College of Law, Robert Morton Duncan ’52 once told a reporter, “I wasn’t on fire about the law as a law student. … I didn’t see myself as having a place in the law. I didn’t know any black lawyers.” Where there were none, Duncan became the first. Duncan, one of the College’s most distinguished alumni, died Nov. 2, 2012 at the age of 85, leaving behind his wife of 57 years, Shirley; their three children, Linn, Vincent, and Tracey; and countless colleagues and friends. Born in Urbana, Ohio on Aug. 24, 1927, Duncan attended a desegregated school in a segregated community. In 1948, he received his bachelor’s degree from Ohio State before going on to earn his law degree in 1952. He broke racial barriers when he became the first black judge elected in Franklin County in 1966 and to the Ohio Supreme Court in 1969. He served on that bench until 1971, when he became the first black member of the U.S. Court of Military Appeals. President Richard Nixon appointed Duncan to the U.S. District Court for the Southern District of Ohio in 1974, becoming the first black judge appointed to the federal bench in Ohio. It was in this position that Duncan wrote the landmark order ending segregation in the Columbus Public Schools. His fairness, leadership, and accessibility to community groups helped ensure a smooth process of desegregation. He served on the federal bench until 1985, when he joined Jones Day Reavis & Pogue. Other roles he played in his career included attorney examiner for the Ohio Bureau of Workmen’s Compensation, Columbus city prosecutor, and chief counsel to the attorney general of Ohio. Throughout his career, Duncan maintained a close relationship with the Moritz community, where he was a mentor to students and faculty alike. He was a distinguished jurist in residence, past president of the College’s Alumni Association, and honorary member of the College’s National Council. The College has a professorship, awards, and multiple

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“I didn’t see myself as having a place in the law. I didn’t know any black lawyers.” – The Honorable Robert M. Duncan ’52

“He was an extraordinary mentor whose values were a steady beacon for our community.” – Alan C. Michaels, Dean and Edwin M. Cooperman Professor of Law

scholarships in his name as the result of donations made by those he inspired. “I am so fortunate to count myself as one of the hundreds, and likely thousands, of individuals who have benefited from Bob’s wisdom and guidance,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law. “He was an extraordinary mentor whose values were a steady beacon for our community. He will be deeply, deeply missed – there will not be another Bob Duncan – but he will live on in our memories and in our actions inspired and guided by his example.” Duncan’s service to the University was

great. In addition to serving the University as vice president and general counsel, he was a member of the University’s Board of Trustees, at one time serving as its secretary; the Executive Committee of the President’s Club; and chairman of the University Hospital Board. “There’s some magic about Ohio State. Part of it is emotional,” Duncan said about his ties to the University. “It’s sort of like family and home, and I don’t exactly know how you describe all of the wonders of that family and home.” He was inducted into the University’s College of Education Hall of Fame and, in

1979, received an honorary doctor of laws degree from Moritz. “Bob Duncan was a truly extraordinary individual who gave so much to the community, the University, and the nation through his lifetime of service. We at the law school have been privileged by Bob’s presence, wisdom, and leadership in innumerable ways,” Michaels said. A man whose legacy must be celebrated. A man with unshakeable integrity and courage. A surrogate grandfather and friend. These are just a few of the ways the following people described Duncan in their personal tributes. >>

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“In early November, The Ohio State University lost a great son. Judge Duncan impacted many lives in so many ways, with an unshakeable belief in the human spirit. By E. Gordon Gee, President and Professor of Law, The Ohio State University

When cacophonous voices competed to be heard on issues of great importance, he had the ability to do the right thing at the right time. There are few people in this community, in the state of Ohio, and very few nationally, who were not impacted directly or indirectly by his insight and leadership. Judge Duncan was an iconic lawyer, but that was not his calling. He was a trailblazer as a federal and state judge, but that was not his calling. He was a valued member of the Board of

Trustees of our University, but that was not his calling. His true and most profound calling was to inspire us to rise to our better angels. In that, he succeeded magnificently. Bob Duncan was an individual of quiet leadership and great wisdom. His kindness and generosity were displayed in ways large and small — never with fanfare, but always with relevance. There are honest men. There are thoughtful men. There are humble men. But there are few who embody

all of these characteristics so genuinely, and with such humor and grace. Judge Duncan left a legacy that will not be replicated. Instead, it must be wholly celebrated. Our duty, in return, is to follow the path he blazed.”

“The list of offices Judge Robert Duncan held, though impressive, seems to miss the point of what made him a giant among us. When Judge Duncan held public office, he appreciated the weight of the decisions he was making. Though uncommonly wise, he also worried; he was humble and intent on choosing the right path. Once he made a decision, nothing could shake his integrity or courage. I asked Judge Duncan a few months ago which of his positions he most enjoyed. ‘Oh, I don’t know,’ he said. He did not like to talk about himself. ‘I came closest to thinking I might be doing some good when I was on the municipal court bench.’ On a different day, Judge Duncan might have selected a different position to highlight. On every day, though, his measure of his own enjoyment would have been how much he could contribute, not the prestige the office carried or its prerogatives. Judge Duncan’s unwavering dedication

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to making a positive difference was part of what made him a giant. That quality also led individuals of all political persuasions to rely on the sincerity and depth of his counsel. His criticisms were expressed with stories and humor. When Judge Duncan gave a compliment, it mattered. As a result, he became what his former law clerk Suzanne Richards ’74 called a ‘positive force’ in the lives of hundreds of others, including many of Ohio’s lawyers. Mentoring was another aspect of his dedication to contributing, another part of what made Judge Duncan a giant.”

By Nancy H. Rogers, Professor Emeritus of Law, The Ohio State University Moritz College of Law

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“I had the pleasure of knowing Bob Duncan for more than 30 years. I met him when I was 17 years old and had the audacity to call a federal judge and ask him why he was ordering us to change schools. By Yvette McGee Brown ’85, former Ohio Supreme Court Justice and Partner at Jones Day

From that day forward, he was my friend and mentor. Bob never sought the spotlight and was embarrassed when it shined on him. He was a man of firsts, who demonstrated not only superior intellect but a genuineness of spirit that is rare for someone so accomplished. The Bob Duncan I had the privilege of knowing was a man who was gracious and generous. The man who called me with encouragement and once told me, ‘I could not be prouder of you if you were my own daughter.’ Those words I will always cherish. He was the man who every year sponsored a reception for African-American law students to remind them of their obligation to be excellent. The man who always took time for young people; loved his family,

loved the law, and loved Ohio State. He established a scholarship fund at the Moritz College of Law and rarely missed an OSU football or basketball game. In fact, he was in the hospital the week before the opening football game, and when I called to see how he was doing, his only concern was that he be released from the hospital in time to attend the game. Bob Duncan was more than my friend. He was the father I never had. He lived his life with dignity, never forgetting his Urbana roots. Everyone he touched was better for having come into contact with Bob. He leaves an incredible legacy of scholarship and achievement. I will miss him so very much.”

“My friendship with Judge Duncan began in January 2003 when we happened to sit next to each other at a Kappa Alpha Psi Founder’s Day Celebration. I did not have that foresight to predict that our incidental meeting would result in a nine-year friendship that would profoundly mold me into the man I am today and hope to be tomorrow. I will always be thankful for the privilege of having Judge Duncan as a mentor, role model, friend, and surrogate grandfather. During my last year, I wrote a case study on Judge Duncan’s life, for Professor Garry Jenkins’s Lawyers as Leaders course, and

spent countless hours talking to his colleagues and friends, researching his jurisprudence, and engaging the judge in an interview akin to Inside the Actors Studio sans the audience. The following words are my tribute to our beloved Judge Robert Morton Duncan: The gift that Harriet Tubman and Frederick Douglass bestowed upon the world; one of the ‘exceptional men’ that W.E.B. DuBois inducted into the Talented Tenth; classmate of Barbara Jordan, Constance

Baker Motley, and Thurgood Marshall; the prototype for legal excellence and civic engagement; Ohio’s very own Madiba, and the Conscience of Columbus. Husband. Father. Friend. Servant. Hero. Icon.”

By Michael T. Spencer ’06, Labor and Employee Relations Specialist, The District of Columbia Department of Health

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A new class of professors joins Moritz Three bring wealth of experience in the Supreme Court, civil rights defense, and nonprofit leadership. BY JAY CLOUSE, MONICA DEMEGLIO, AND BARBARA PECK

n As sure as the leaves on the trees lining 12th Avenue and High Street turn from green to gold each autumn, new faces emerge in Drinko Hall – and not just with the incoming class of first-year students. The Ohio State University Moritz College of Law welcomed three new faculty members this academic year: Assistant Professor of Law Christopher J. Walker, Visiting Professor of Law Amna Akbar, and the newest Langdon Fellow in Dispute Resolution, Erin Archerd. Former Supreme Court clerk teaches ‘dream’ class at Moritz Walker learned quickly that sometimes the stars just align. One day, while quietly working away at his clerk’s desk in the U.S. Court of Appeals for the Ninth Circuit, the U.S. Supreme Court called: Associate Justice Anthony M. Kennedy wanted to see Walker in Washington, D.C. in a week to talk about a clerkship position there. While struggling to decide whether to

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choose Harvard or Stanford for graduate school, Walker figured out that one can, in fact, attend both. And, when his favorite boyhood football team – the Florida Gators – was just starting to fade ever so slightly, it turns out Walker and his beloved former head coach, Urban Meyer, were interviewing to be Buckeyes at just about the same time. “To this day I don’t know for sure how the Supreme Court thing happened,” Walker said. At the time, he was clerking for Chief Judge Alex Kozinski in the Ninth Circuit. The year before, Walker had applied to all of the U.S. Supreme Court justices, as is etiquette; but he did not receive a single interview. So, he dove into his work with Kozinski. He also applied for and was accepted to work on the civil appellate staff at the U.S. Department of Justice after the clerkship ended. The job at the DOJ was a career position. But, then one day the phone rang in chambers. Or, maybe it was a private outgoing call? “I don’t know who called who. It wasn’t

interview season,” Walker said. “All I know is that Judge Kozinski walked into my office and said Justice Kennedy wanted to see me in Washington, D.C. the following week to interview for a clerkship position for October Term 2008. The judge and the justice know each other, and I had been working closely with Judge Kozinski on some important projects. I was obviously completely surprised.” Walker spent a couple of hours with current clerks, “being grilled on substantive issues.” He then spent an hour with Kennedy, who expressed concern about whether the public understood the Supreme Court’s rulings. “Justice Kennedy’s concern for transparency and public understanding is something I’ve always admired,” Walker said. He spent a year with the DOJ before heading to Justice Kennedy’s chambers, where he spent a year in the inner sanctum of the court. “Obviously, very few people know about how the Supreme Court works. They see oral arguments, and then they read opinions. But there is

12th & High a very deliberative process that happens in between,” Walker said. “The justices interact primarily through written work going back and forth through draft opinions and comments.” After finishing his clerkship, Walker worked for Kellogg, Huber, Hansen, Todd, Evans & Figel P.L.L.C., a boutique litigation firm in Washington, D.C. In the three years prior to his arrival at Moritz, he worked on both appellate and trial cases. Walker attended Brigham Young University as an undergraduate. He had dreamed of attending Harvard’s Kennedy School of Government since he was a kid in Las Vegas. The problem was he also was interested in law and fell in love with Stanford on a visit to the law school. “Stanford and Harvard law are really different,” Walker said. “Harvard is huge, with almost 550 J.D. students per class. Stanford is small, with one-third of the students. This meant I would have better access to professors, which was important to me because I knew I wanted to go into teaching.” Walker did the logical thing: He attended both. He spent his first year of law school at Stanford and then a year at Harvard, partaking of the first year of classes at the Kennedy School. For years three and four, he jetted across the country taking classes at both Stanford and Harvard. “I loved law school. It is really about breadth and depth at the same time,” he said. Walker’s favorite class in law school was constitutional litigation, which he took with Professor Pamela Karlan, the Kenneth and Harle Montgomery Professor of Public Interest Law and co-director of the Supreme Court Litigation Clinic at Stanford. Walker teaches the same class, Constitutional Litigation, at Moritz, in addition to Legislation and upper-level electives related to administrative law. “That is one of the reasons I chose Moritz. It is a dream to teach this class,” he said. “It is a great mixture of constitutional law, civil procedure, and trial strategy. Lawyers really need to choose the right plaintiffs and defendants if the constitutional landscape is going to change.”

Christopher J. Walker

Sharing passion for community lawyering projects From Muslim to Arab and South Asian groups, from New York to that “state up North,” Akbar has put her lawyering skills to use in many communities. This fall, she began bringing them to students at Moritz as a visiting clinical professor of law. After providing legal services to immigrant battered women and then representing men held by the United States in the extraordinary rendition and secret detention program, Akbar saw U.S. national security policies were encroaching on the rights of Muslim, Arab, and South Asian communities not >>

“Obviously, very few people know about how the Supreme Court works. They see oral arguments, and then they read opinions. But there is a very deliberative process that happens in between.” – Christopher J. Walker

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Amna Akbar

“I hope the students will take from the clinic critical thinking and reflective lawyering skills, grounded in clients’ realities.” – Amna Akbar

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>> just abroad, but at home as well. It was then that Akbar decided to combine her commitment in community legal services with her interest in critically examining national security policies. In joining the Creating Law Enforcement Accountability and Responsibility (CLEAR) project of the Immigrant & Refugee Rights Clinic at City University of New York (CUNY) School of Law in the fall of 2011, Akbar set out to help support those communities whose rights were being encroached upon. The CLEAR project was established in 2009 by CUNY students and faculty to address needs that weren’t being addressed by other legal service providers or civil rights groups. According to

Akbar, raids on local Afghan communities underlined how law enforcement officials target Muslim communities for indiscriminate questioning and searches. Muslim community members needed a greater awareness for their legal rights and access to legal services to protect those rights, Akbar said. As a supervising attorney and adjunct professor for the project, Akbar helped her students to take the lead in the innovative community lawyering project that combines legal services, support for community organizing initiatives, and rights awareness work. She said she hopes student in Moritz’s Civil Clinic will take away similar lessons as the students involved in the CLEAR project. “I hope the students will take from the clinic critical thinking and reflective lawyering skills, grounded in clients’ realities,” Akbar said. “In clinic, students will learn how to meet with a client, listen to her talk about her dilemma, and then to think creatively and collaboratively about how to best use their lawyering skills to help the client achieve her goal.” A graduate of University of Michigan Law School, the alumna of the “state up North” does not hold any animosity toward Buckeye Nation. “For most of my life I’ve been fairly agnostic about sports,” Akbar said, laughing. “I have never watched a University of Michigan football game, so I’m starting with a clean slate.” After law school graduation, Akbar clerked for Gerard E. Lynch, now on the Second Circuit Court of Appeals, when he served as a district court judge in the Southern District of New York. Her scholarship focuses on national security, criminal law, and rights discourses. She also is committed to community-based lawyering projects, such as the CLEAR project. “Community lawyering projects give students a rich context in which to learn what it means to be an attorney, the opportunities, privileges, and limitations to our role,” she said. Langdon Fellow heralds from Harvard Erin Archerd joined Moritz during its

12th & High fall semester as the Langdon Fellow in Dispute Resolution. The two-year position includes teaching in the alternative dispute resolution field, acting as the clinical staff attorney for two mediation practica per academic year, and coaching moot court teams involved with dispute resolution competitions. “Watching my mediation clinic students go from their initial training weekend to confidently drawing up settlement agreements and dealing with contentious parties is about as gratifying an experience as a teacher can have,” Archerd said. “I’ve been equally impressed with the Program on Dispute Resolution alumni I have interacted with here at Moritz and at events throughout Columbus.” Archerd is a 2008 graduate of Harvard Law School, where she served as editorin-chief of the Harvard Latino Law Review as well as the advanced training director for the Harvard Mediation Program and the assistant head teaching fellow for Michael Sandel’s famous Justice course at Harvard College. She has an undergraduate degree in psychology from Stanford University. After law school, Archerd joined the San Francisco office of Covington & Burling LLP, where she focused on corporate transactions, primarily in the information technology and biotechnology sectors, as well as preparing an amicus brief for the Supreme Court on language education policy. Prior to joining Moritz, she had relocated to Kalamazoo, Mich., where she worked as program coordinator at Humanities for Everybody, an adult-education program that provides free courses in the humanities to low-to-moderate-income residents of the area. In addition to dispute resolution, her research interests include education law and Latino law and policy. The College’s Program on Dispute Resolution was a major attraction when Archerd considered coming to Columbus. “One of the highlights of my legal education at Harvard was the depth and breadth of its course offerings in dispute resolution, and there are only a handful of schools across the country that can

Erin Archerd

begin to match, and even exceed, Harvard – Moritz is one of them,” she said. She co-taught Mediation during the fall semester with Associate Professor Amy Cohen – a “tremendous learning experience,” she said – and teaches Multiparty Mediation with Joseph “Josh” Stulberg, the Michael E. Moritz Chair in Alternative Dispute Resolution, in the spring. Archerd says she expects to gain more insights into her own teaching methodology through these kinds of opportunities and through mentoring from other faculty members. She said, “Based on the accounts of some of my friends who are also young academics, this is something that can be rare at other institutions.” AR

“One of the highlights of my legal education at Harvard was the depth and breadth of its course offerings in dispute resolution, and there are only a handful of schools across the country that can begin to match, and even exceed, Harvard – Moritz is one of them.” – Erin Archerd

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12th & High

All eyes on the court BY BARBARA PECK

Moritz professors are intensely watching the October 2012 term of the Supreme Court of the United States. There are major cases in constitutional law, business law, and copyright law pending this term, which will wrap up in June. 30

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12th & High Amgen Inc. v. Connecticut Retirement Plans and Trust Funds PROFESSOR EXPERT: Paul Rose OVERVIEW: Amgen Inc. made misstatements to

the Food and Drug Administration in relation to the safety of its products. The Connecticut Retirement Plan sued Amgen under a “fraudon-the-market” theory, which posits that when securities trade in an efficient market, all public information, including statements to the FDA, are reflected in the price of the security. Amgen defended that plaintiffs in a class action must first prove reliance on a material representation before it can be certified.

“Copyright cases do not tend to follow the traditional conservativeversus-liberal breakdown of the court.” – Guy A. Rub

ANALYSIS: “This case is going to mean billions

of dollars one way or another,” Rose said. “It is really going to affect the average class action suit for years and years. It affects everyone with a retirement investment in securities. I think it will come down in favor of Amgen, but I have mixed feelings on whether that is good policy. Congress could have addressed this issue in the past, but did not.”

“This case is going to mean billions of dollars one way or another.” – Paul Rose

Kirtsaeng v. John Wiley & Sons Inc. PROFESSOR EXPERT: Guy A. Rub OVERVIEW: A student came to the United States from Thailand to study at Cornell University and

then the University of Southern California. His family sent him textbooks from Thailand, where the cost is considerably less. He ended up importing and selling thousands of textbooks this way, for a nice profit. Under copyright law, if the books are considered to be manufactured in the U.S., the student, who lawfully bought them in Thailand, has the right to resell the books. If the books are considered not manufactured in the U.S., then copyright law, and the resale provision, do not apply; there has been no initial “first sale” in the U.S.; and the book manufacturer still controls the copyright for these books. ANALYSIS: “This case could have huge implications because just about every good in the U.S. is

manufactured somewhere else,” Rub said. “The resale market is also an $18 billion-a-year market. This case is going to be close, and copyright cases do not tend to follow the traditional conservativeversus-liberal breakdown of the court.”

Florida v. Jardines; Florida v. Harris PROFESSOR EXPERT: Ric Simmons OVERVIEW: Both of these cases focus on narcot-

ics detection dogs and the Fourth Amendment. In Jardines, after receiving a Crime Stoppers tip, police brought a trained dog to the front porch of a house, and the dog indicated a hit for marijuana. Based on that information, police obtained a search warrant and found marijuana plants growing in the house. The question presented is whether the police need a search warrant before using a drug dog to sniff a suspect’s home. In Harris, an officer pulled over a car, and a drugsniffing dog made a methamphetamine hit on the outside door handle, leading to a search

of the interior of the car, where ingredients to make meth were found. The question in this case revolves around whether an alert by a dog is enough to justify a search, and, more specifically, what training the officers must show to ensure the alert is correct. ANALYSIS: “In a previous case, the court decided

that the use of thermal imaging to see if marijuana was being grown in a house constituted a search. That precedent presents a real challenge for the government in the Jardines case. I think the government has a better argument in the Harris case,” Simmons said.

“That precedent presents a real challenge for the government.” – Ric Simmons

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12th & High Fisher v. University of Texas at Austin PROFESSOR EXPERTS: Sharon L. Davies, John C. Elam/Vorys Sater Professor of Law OVERVIEW: The University of Texas uses a Top Ten Percent plan for the majority of

its undergraduate admissions. Under this plan, students who graduate in the top 10 percent of their high school class are guaranteed admission. Approximately 75 percent of spots in the freshman class are filled through this system. Out-of-state and international students take up another portion. The remainder is filled with in-state students who did not graduate in the top 10 percent. In this category, race is one of a host of factors considered. This case will decide if this system is constitutional under Grutter v. Bollinger, a 2003 case involving law school admissions at the University of Michigan. ANALYSIS: “The question here is whether the Constitution permits college admissions

“This case thus provides not only the Supreme Court, but the nation, the opportunity to think about the value of student body diversity.”

officers to consider the race of an applicant along with multiple other aspects of the applicant’s biography in the effort to create the type of diverse learning environment that benefits all students,” said Davies, who also serves as director of the Kirwan Institute for the Study of Race and Ethnicity. “The last time the Supreme Court took up this issue it said, ‘Yes, provided the process involved a “holistic” review of what each applicant might add to the student body, where race was only one of many other characteristics given weight, and that the institution set no predetermined “quota” of minority students it sought to enroll.’ The case thus provides not only the Supreme Court, but the nation, the opportunity to think about the value of student body diversity to the learning environments of selective universities like The Ohio State University.”

– Sharon L. Davies

United States v. Windsor; Hollingsworth v. Perry PROFESSOR EXPERT: Marc Spindelman, Isadore and Ida Topper Professor of Law OVERVIEW: Collectively, these are the

gay marriage cases pending before the court. Windsor focuses on the constitutionality of the Defense of Marriage Act and what level of scrutiny should apply to laws that discriminate on sexual orientation. Perry will review the constitutionality of California’s Proposition 8, which brought a halt to gay marriage in the state, under the Equal Protection Clause of the Fourteenth Amendment. ANALYSIS: “If same-sex marriage ulti-

mately prevails at the Supreme Court in Perry, it’s fair to expect a decision that follows the basic pattern the Ninth Circuit set when striking Proposition 8 down: a narrowly-crafted decision emphasizing the uniqueness of Proposition 8, and so not directly addressing the constitutionality of other states’ marriage bans. But watch for signs of broader rulings to come,” Spindelman

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said. “Some observers certainly think the court chose Windsor over other DOMA cases because Windsor puts the federal courts too far out ahead of the rest of the country in deciding that discrimination based on sexual orientation is as bad as discrimination based on gender and nearly as bad as discrimination based on race. If the Supreme Court affirms Windsor, it would presumably bring an end not only to the federal Defense of Marriage Act, but also state-level bans on same-sex marriage as well as other forms of antigay discrimination under law. This may ultimately be what the U.S. Constitution requires of the federal government and all the states, but the Second Circuit’s decision that today is that day shows just how far New York is from, say, Ohio and Missouri – socially, culturally, and legally.”

“ If the Supreme Court affirms Windsor, it would presumably bring an end not only to the federal Defense of Marriage Act, but also state-level bans on samesex marriage as well as other forms of anti-gay discrimination under law.” – Marc Spindelman

12th & High Shelby County v. Holder PROFESSOR EXPERT: Christopher J. Walker OVERVIEW: The Shelby County case

challenges Congress’s authority to reauthorize Section 5 of the Voting Rights Act in 2006 for another 20 years. Section 5, one of the most important provisions of the Voting Rights Act of 1965, requires nine states and parts of seven others to obtain official preclearance from the federal government before putting into effect any change in election laws or procedures. While the Act and Section 5 have been upheld several times in the past, in a decision three years ago the court again avoided striking down Section 5 but strongly questioned the constitutionality of Congress’s decision to continue to use the pre-existing coverage formula to identify the states and subdivisions required

to seek preclearance – a coverage formula that has remained largely unchanged since the Act was originally passed in 1965. ANALYSIS: “Shelby County could

certainly be one of the blockbuster cases of the term,” Walker said. “The Voting Rights Act is an iconic law in American history, and Section 5 has played a critical role in helping to eradicate voting discrimination based on race. The court dodged the constitutional issue several years ago in Northwest Austin, so it may try to do so again. But the district court upheld the law, the court of appeals upheld the law, and the Supreme Court usually doesn’t decide to hear a case just to say everything is fine with the lower courts’ decisions.”

Alleyne v. United States PROFESSOR EXPERT: Douglas A. Berman, Robert J. Watkins/Procter &

Gamble Professor of Law OVERVIEW: This case will take a look at the precedent the court estab

lished in Harris v. United States, which came out two years after the landmark sentencing case, Apprendi v. New Jersey. In Apprendi, the court concluded juries, not judges, must find the facts that could raise a sentence beyond the maximum set fourth in a statute. In Harris and the current case, the question is whether a judge can find a fact that would raise the minimum sentence required by statute. In Harris, the court said a judge could, but it appears it may be willing to overturn that decision. This circumstance can often arise in federal cases when a defendant is convicted of a drug crime and, during sentencing, the question of whether the defendant brandished a gun, a fact that would increase the applicable minimum sentence. ANALYSIS: “ This case could be more important than all of the other cases

combined,” Berman said. “This isn’t just about sentencing. This is really a case about stare decisis. The court may completely overturn a previous decision in this case. If you have dreams of overturning Roe, Citizens United, Brown, or some other landmark decision, watch this case closely. This may be the case that sets a new standard stare decisis.”

Professor Christopher Walker

Davies, Walker submit amicus briefs n On Oct. 10, the Supreme Court of the United States heard oral arguments in Fisher v. Texas, which will clarify the use of race in undergraduate admissions decisions. In preparation for the case, two Moritz professors worked on amicus briefs. Professor Sharon Davies, director of the Kirwan Institute for the Study of Race and Ethnicity, took the lead on drafting a brief on behalf of a Coalition of Black Male Achievement Initiatives in support of the University of Texas’ policy. Professor Christopher Walker filed a brief on behalf of business, industry, and government leaders who are alumni of the University of Texas, arguing that the current policy of ensuring a diverse student body “provides an invaluable state resource that is critical to nurture future leaders in government, business, industry, public education, and other organizations that serve the State and its residents.” Walker is a former clerk of Justice Anthony Kennedy, who played a pivotal role in the most recent Supreme Court case on this topic, Grutter V. Bollinger. - BP

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Q&A Q A

David Stebenne, professor of history and law at The Ohio State University, is adept at examining contemporary national politics in the context of American history, making him the “elections historian” on the Election Law @ Moritz team. An author and scholar on subjects ranging from the New Deal to the bowels of the Eisenhower administration, Stebenne took time to reflect on some of the less discussed lessons to be learned from the 2012 presidential election.

Ohio was the focus in the lead-up to Election Day for candidates and media alike. Why do you think President Obama prevailed?

In retrospect, the single most important fact of the 2012 presidential campaign was that Barack Obama led steadily in Ohio from the late spring (when the Republicans settled on Mitt Romney as their nominee) through Election Day. Only in the aftermath of his strong performance in the first presidential debate did Romney briefly surge into a tie with Obama in Ohio, but even that situation quickly proved ephemeral, as Obama soon regained his narrow lead there. In view of the fact that Ohio generally leans Republican, and especially so in close presidential races like this one, Obama’s narrow but consistent lead in the Buckeye State during 2012 appears all the more remarkable – and ultimately decisive. How and why did Obama achieve such unusual strength for a Democratic presidential candidate in Ohio? First, the economy improved more there than in the country as a whole, thanks mostly to the auto industry and related sectors. Unemployment in Ohio from the spring onward was significantly below the national average, which strengthened Obama’s argument that things were getting better, economically speaking, on his watch. There was also a symbolic aspect to this achievement. The auto industry and its related businesses in Ohio are heavily populated by workers from lower-middle-class families without much higher education. Obama appears to have significantly increased his support from families like that in Ohio, and white, lower-middle-class families especially, from 2008 to 2012. In effect, the fact that the pillar of economic recovery was in basic manufacturing helped Obama and the Democrats in Ohio make the broader argument that their policies are beginning to rebuild the economic foundations of lower-middleclass life. Obama and his people promised a kind of new New Deal four years ago; in Ohio it has gradually begun to emerge, and that proved crucial for his re-election prospects there.

Q A

So it boiled down to the economic recovery alone?

Not entirely. At least as important, however, was the Obama campaign’s extraordinarily effective organization in Ohio, which targeted the key voting blocs and worked relentlessly to get them out in sufficient numbers. Perhaps the most striking thing about Obama’s victory in Ohio and nationally is that while the overall popular vote was close, Obama won most of the truly contested states; his organization turned out the votes in sufficient numbers where they were needed most. There was nothing accidental about that.

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“Obama and his people promised a kind of new New Deal four years ago; in Ohio it has gradually begun to emerge, and that proved crucial for his re-election prospects there.” – David Stebenne, professor of history and law at The Ohio State University

In Ohio, a key reason for it had to do with one of the less-studied consequences of the U.S. Supreme Court’s decision in the Citizens United case. By striking down a provision of the anti-union Taft-Hartley Act of 1947, Citizens United freed union political operatives to target nonmembers directly for political purposes for the first time since the 1946 election cycle. In Ohio, organized labor remains a major factor in the state’s politics, and so much of Obama’s organization there consisted of union members targeting nonunion members who seemed likely to vote for the president. Labor, working somewhat under the radar, flexed its muscles in Ohio and other states; and achieved something it is very good at doing, which is deploying its people power to produce specific amount of needed electoral turnout in key places. In that sense, Obama’s victory in Ohio and nationally also had a new New Deal quality, because Roosevelt and Truman built their electoral success on just that kind of voter mobilization by labor union model.

Q A

It sounds as if Citizens United might help in races to come then.

Only in the races for the U.S. House of Representatives did that approach not work well for the Democrats in Ohio or nationally. GOP dominance of the redistricting process in Ohio and elsewhere during 2011-12 is responsible for that split picture. With so many congressional districts drawn to maximize Republican representation in Ohio and nationally, substantially altering the House proved beyond the Democrats’ reach. And so the Ohio House delegation, like the larger House of Representatives, will remain firmly in GOP hands, even though Obama and the Democrats generally had as good a night as they could have expected in Ohio and across the nation. Such is the new electoral pattern that seems to be emerging in Ohio and the U.S. more generally. AR

connect with Moritz Do you have an amazing classmate? Nominate him or her for an alumni award: moritzlaw.osu.edu/

MONICA DEMEGLIO

alumni/awards

Professor David Stebenne and an Election Law @ Moritz researcher monitor polling activity and results on Election Day 2012 from Election Central.

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In Print

Introduction to Feminist Legal Theory, Third Edition (Wolters Kluwer Law & Business, 2013) BY MARTHA CHAMALLAS n Since its first edition published 15 years ago, Introduction to Feminist Legal Theory has been a treatise intended to demystify the subject for students, scholars, and lawyers alike. Written in a straightforward tone free of legal jargon, the newly released third edition stays true to its original intent and includes modern theories on feminism, LGBT and critical race perspectives, and changes in the law over the last decade. Author Martha Chamallas, the Robert J.

LGBT rights, and more. Chamallas adeptly provides a historical overview of feminist legal theory, tracing its development from the early 1970s to present day, and covering new paradigms as well as backlash forces and major critiques. In her introduction, Chamallas explains that feminist legal theory is the study of life and law, proceeding from the assumption that gender plays an important role in everyday encounters because being a man or a woman figures

“Things seem to have changed a lot for women, yet strangely have remained the same. Popular culture often reports and exaggerates the changes, but it neglects the continuities.” – Martha Chamallas, the Robert J. Lynn Chair in Law at The Ohio State University Moritz College of Law

Lynn Chair in Law at The Ohio State University Moritz College of Law, is hailed for writing the leading text in the field, which also is the first book to serve as an introductory survey of feminist jurisprudence. The 464-page book spans the range of legal issues relating to women and gender, including sex-based discrimination, sexual harassment, rape, sex trafficking, abortion,

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prominently in one’s life. Feminist legal theory approaches the study of law by examining how gender has mattered to the development of law and how different groups of men and women are affected by the power of law. Those far-reaching effects are found in modern policy debates, showing that feminist legal theory is not just an area of study for past generations

but very much needed in the present day. “No one better illuminates the richness and continuing relevance of feminist legal theory than Martha Chamallas. At a time when simplistic accounts of gender dominate conventional wisdom (think ‘the end of men’ and the ‘opt-out revolution’ that wasn’t), Chamallas’ insight into the complex relationships of women, men, and gender, and the role of law in constructing and relating them, is more pertinent than ever,” Deborah L. Brake, professor of law and distinguished faculty scholar at the University of Pittsburgh School of Law, said in her review of the new edition. Chamallas maintains that while certain aspects of feminist legal theory have become mainstream, “feminism has neither been embraced nor rejected by the law.” She continues by asserting that it is still true that patterns of gender discrimination repeat themselves in reproduced, updated versions, creating a paradox for contemporary feminists. “Things seem to have changed a lot for women, yet strangely have remained the same. Popular culture often reports and exaggerates the changes, but it neglects the continuities. As a 60-something feminist who remembers the days before the women’s movement, I marvel at the resiliency of the basic structures of male domination in the face of remarkable

In Print changes in the situation of women.” The third edition includes an “enemies list” for legal feminists, designed to be used as a toolkit to analyze a range of social issues. Chamallas wishes to free feminists from the need to declare allegiance to any particular brand of feminism and calls for a renewed emphasis on achieving the broad goals of ending women’s subordination, curbing sexual violence, and constraining gender norms that inhibit individual liberty. “Unless we are to hold women solely responsible for their unequal status, the conventional wisdom that gender discrimination is no longer prevalent simply does not square with the common understanding that it is still extremely difficult for a women to be both a ‘good’ mother and a ‘valuable’ employee and to live her life in safety, free from sexual violence, abuse, or denigration,” she writes. Her latest edition features up-to-date theories and topics, such as the “masculinities” theory and “social justice” feminism, and delves into what Chamallas dubs the “new three” feminisms: intersectional, autonomy, and postmodern feminism. Chamallas also weaves in LGBT and critical race perspectives throughout the text. “Feminist legal theory in the 21st century is increasingly complex, borrowing methods and insights from other bodies of critical scholarship and sometimes indistinguishable from allied ‘intersectional’ discourses,” she writes. While the book remains focused on the United States, important new material on global and comparative feminism has been added. Also discussed are changes in law since 2003 covering developments in pay equity, reproductive justice, marriage equality, and transgender issues. “The new edition of Introduction to Feminist Legal Theory is perfect for classroom use, providing solid grounding in the basics in a way that makes the concepts accessible and engaging to students. At the same time, it is foundational in the field, a must-read for legal scholars, whether they are visitors to the field of legal feminism or dwell in its domain,” Brake wrote in her review. AR – Monica DeMeglio

Other Publications DOING BUSINESS IN CHINA: PROBLEMS, CASES AND MATERIALS West 2012 By Daniel C.K. Chow and Anna M. Han This book begins with an overview of the current business environment in China, including a review of China’s recent political history and the rise of its legal system. The first chapter also examines current hot-button trade issues between China and the United States, such as the currency exchange rate issue, trade deficits, and the protection of intellectual property rights. The book includes many short problems that can stimulate discussion. The documents supplement contains relevant Chinese laws and regulations that are helpful in answering many of the questions and problems in the text.

FEDERAL INCOME TAX: A CONTEMPORARY APPROACH West 2012 By Donald B. Tobin and Samuel A. Donaldson Federal Income Tax: A Contemporary Approach uses several modern platforms to introduce readers to the federal income taxation of individuals. After a general overview, the book takes two more passes through the system, each in increasing detail. This helps readers see the overall structure early in their studies and gives context to new concepts as they are introduced. Helpful self-assessment questions allow readers to measure their own comprehension and save valuable time for more advanced discussions. Almost 100 detailed problems for discussion require readers to apply Code and Regulation provisions to real-life fact patterns. Like other titles in the Interactive Casebook series, the accompanying electronic version gives readers immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database. It also contains hundreds of links to relevant videos, photos, articles, audio clips, and other sources that help make the subject come alive for readers. The electronic version also allows for immediate content updates.

THE LAW OF MERGERS AND ACQUISITIONS (4th Edition) West 2012 By Dale A. Oesterle This coursebook teaches basic corporate acquisition planning. In addition to state corporate law and federal securities law, the book covers tax, accounting, environmental, products liability, pension, antitrust, national security, bankruptcy, and labor law issues. It integrates traditionally distinct classroom subjects in the context of discrete transactions. Each topical unit contains statutes, regulations, and caselaw that affect the structure and timing of acquisitions and reorganizations. The book also includes questions and problems to aid readers in walking through the law’s basic distinctions. Textual notes and edited articles identify and question the empirical and political assumptions implicit in the standards. The new edition updates all areas and features private equity buyouts.

Moritz College of Law | W I N T E R 2 0 1 3

[ The Creepy Factor ]

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[ The Creepy Factor ]

The

Creepy

Factor

Technological innovation creates new wave of privacy regulation BY MONICA DEMEGLIO

or the average American, the morning may begin with checking email and scrolling through one’s Facebook feed before even getting out of bed. During the morning commute, a GPS satellite interfaces with the car’s computer, giving directions to the first appointment of the day. But first comes a stop at the local coffee shop, where the coffee club card is swiped and a few text messages are swapped. At the office, online search engines are used to find everything from answers to workrelated questions to the funny YouTube video everyone is buzzing about. While technological advances and tools developed

in the last 20 years have afforded the average person convenience and entertainment, they have afforded private industry and government agencies the ability to track and monitor our movements, interests, and personal information – often without our knowledge. “One of the current challenges is how to respond to the fact that we carry tracking devices for the first time in human history,” said Peter P. Swire, the C. William O’Neill Professor in Law and Judicial Administration at The Ohio State University Moritz College of Law. “Cell phones are tracking devices, and most of us didn’t have a GPS locator on our life until the last few years. That’s a huge change.” Moritz College of Law |

WINTER 2013

[ The Creepy Factor ]

If Target can develop a sophisticated algorithm and data-mine its way to figuring out that a teenage girl was pregnant before her own father was made aware, is it much of a stretch to imagine other entities could be gleaning our own personal, sensitive health information? Consumers may appreciate the cookies that enable a clothing retailer to deliver only the advertisements that are relevant to them, but those same private citizens recoil at the thought of searches of a more personal matter being followed as well. If Target can develop a sophisticated algorithm and data-mine its way to figuring out that a teenage girl was pregnant before her own father was made aware, is it much of a stretch to imagine other entities could be gleaning our own personal, sensitive health information? Debates about Do Not Track registries are under way, and regulatory frameworks across the globe are experiencing updates that would affect policing agencies and private industry. Accordingly, a new era is beginning in the privacy field, which has erupted over the last 20 years and is likely to only grow further, according to experts and those presenting at November’s Ohio State Law Journal

symposium “The Second Wave of Global Privacy Protection.” Kirk Herath, vice president and privacy officer for Nationwide Insurance Companies, cited his own career history at Nationwide as an example of how quickly the industry has expanded. In the late-1990s, he was an “army of one” at the company, charged with discerning what privacy issues surrounded the information they had on file about customers. Today, he works in a department with 16 other people who ensure Nationwide and its vendors meet privacy protection compliance standards across all 50 states. As technology continues to develop at breakneck speed, it’s likely the privacy profession will continue to swell in numbers. The International Association of Privacy Professionals, founded in 2000, estimates there could be as many as 200,000 privacy professionals working in the U.S. in the next decade. Swire jokes that it is an area of specialization that has kept him in a job for the last 20 years. In his office on the second floor of Drinko Hall hangs a framed USA Today article from June 7, 2000. The piece focuses on contributions Swire, the nation’s first Chief Counselor for Privacy, had made with privacy rights legislation in the medical field as well as banking industry. Fast-forward to November 2012, and Swire is the subject of more national coverage in The New York Times, as he accepted the challenge of co-chairing a World Wide Web Consortium working group developing Do Not Track

Primer on Privacy Protection 1980 - 1994

BEFORE THE INTERNET BOOM Privacy laws exist prior to the rise of the commercial Internet, including the Fair Credit Reporting Act of 1970 in the United States, as well as privacy laws in Europe. Fair Information Privacy Practices (FIPPs) are developed along the way.

In 1980, the U.S. signs the Organisation for Economic Co-operation and Development (OECD) guidelines, which include seven, nonbinding principles governing the protection of personal data: notice, purpose, consent, security, disclosure, access, and accountability.

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1995

In the late-1980s and early-1990s, “packet switching” evolves into what eventually becomes known as the Internet. Commercial Internet service providers (ISPs) come on scene in the U.S., and the Internet expands rapidly across the globe.

The world’s first commercial cellular network is launched in Japan in 1979, with European countries and the United States following in the early-1980s.

The Internet becomes fully commercialized in the U.S. The European Union completes drafting its Data Protection Directive, focusing on protecting people’s privacy when their personal data is being processed and transmitted in an open market. The EU considers privacy a human rights issue.

[ The Creepy Factor ] standards, which would give Internet users greater control over what is gathered about them. “Industry wants to send cat food ads to cat owners and not to dog owners. Industry will say that’s a benefit to the consumer because they have a more interesting and relevant Internet,” said Swire, who is now thrust into a mediation role as the debate rages on. “From the privacy side, these advertising activities create databases that consumers have little knowledge about and little control over, and the data’s held by companies consumers have rarely heard about.” A lot is gathered, shared In the early days of the Internet, first-party collection of data was the norm. A consumer would go to Amazon.com to buy a book, and Amazon received all of the data. Today, however, dozens and maybe even hundreds of cookies can be placed on one’s computer after visiting just a single site, Swire explained. Information on what is clicked on many pages later is then sent to numerous third-party companies. “Some of those cookies are there to measure what advertisements you’ve seen to make sure the right people get paid for the ads. Those are sort of boring, accounting-type of things,” Swire said, “but it also creates databases that privacy advocates are concerned about.” It’s not just privacy advocates who are concerned. Consumers in general have become increasingly

1996

In the U.S., the Internet is left largely unregulated in the Telecommunications Act of 1996, the most significant revision of telecommunications law in more than 60 years. The Health Insurance Portability and Accountability Act (HIPAA) is enacted and includes provisions for protecting

1998

privacy of health data. President Bill Clinton issues a policy directive declaring the global positioning system (GPS) to be a dual-use system for civilians and the military.

The EU Data Protection Directive takes effect, implementing the seven OECD principles.

1999

A piece of banking legislation, the GrammLeach-Bliley Act, includes provisions for the protection of consumers’ personal information. The Network Advertising Initiative, an industry trade group, forms to develop self-regulatory standards for online behavioral advertising. Peter P. Swire, a

professor at The Ohio State University Moritz College of Law, becomes the nation’s first Chief Counselor for Privacy in the Office of Budget and Management. The first BlackBerry devices are released, allowing users to check email on their phones.

Moritz College of Law |

WINTER 2013

[ The Creepy Factor ] aware of how closely their footsteps online are followed when information about something they were just discussing in a private email is used to generate an advertisement three or four page clicks later. Inside the Washington, D.C. beltway, it’s referred to as the “creepy factor,” according to Commissioner Julie Brill of the Federal Trade Commission. “I think it’s important to give consumers notice and choice about this practice,” Brill said during the law journal symposium in November. The FTC enforces limited Internet privacy laws and hunts data brokers violating laws in the fair credit reporting space. Brill said the commission has gone after companies that have taken more rigorous action, including a rent-to-own business that activated cameras on computers inside the homes of customers who were delinquent in payment. The FTC also is responsible for overseeing the companies that have volunteered to act on Do Not Track technology – a group that includes Google, Yahoo!, and Microsoft. “The ad industry did step up in that issue,” Brill said, “but we really have to get this message out about what you can and cannot do with consumers’ information.” In addition to data being collected about consumers in the background, Internet users are sharing personal information with a broader audience at a “staggering” rate, commented Woodrow Hartzog, a professor at the Cumberland School of Law at Samford University. “Social media is a threat to its users’ privacy and, in many cases, people who don’t use it.”

2000

The U.S. and EU develop Safe Harbor Principles to satisfy protection requirements for transAtlantic data transfer. The seven principles cover notice, choice, onward transfer, security, data integrity, access, and enforcement. In the U.S., the Federal Trade Commission endorses the NAI’s

2001

principles for privacy protection. The Children’s Online Privacy Protection Act of 1998 (COPPA) becomes effective and aims to protect the collection of personal information from children under age 13. It includes specifications for seeking parental consent and restrictions on marketing to children.

T H E O H I O S TAT E U N I V E R S I T Y

The Department of Health and Human Services issues a final privacy regulation under HIPAA, which takes effect in 2003. President Clinton and Congress lean toward creating comprehensive online privacy legislation.

The first Privacy and Data Protection Summit is held in Arlington, Va. in May, organized by the Privacy Officers Association. The group joins others that same year to form what eventually becomes the International Association of Privacy Professionals (IAPP). Palm, Inc. introduces the first smartphone in

the United States. The terrorist attacks of Sept. 11, 2001 cause a seismic shift in the debate of what Americans value more: privacy or security? The USA PATRIOT Act is signed into law in October. Among its many provisions is expanded use of National Security Letters and giving the

[ The Creepy Factor ] Social media users know they pose a threat to themselves in many ways. A Carnegie Mellon study found that most people have regretted something they posted, often within a day of doing so. Participants also reported that they tended not to change default settings, resulting in a wider dissemination of information than they realized. As a result, researchers are examining the effect of privacy “nudges” designed to help a person stop and think before posting: Participants said they valued a countdown clock that appeared for a few seconds prior to the post going live and a tool that quickly displayed the profile pictures of people who could read the participant’s post. Both prompted greater reflection of what they were sharing. While such nudges could save users some embarrassment, experts suspect such tools are unlikely to be embraced by social media companies. People might refrain from posting information that is valuable to advertisers. It’s precisely why Hartzog advocates that modern revisions to privacy protection regulation extend coverage to social media sites. Provisions should regulate: respecting an individual’s expressed boundaries, so their personal information can only be accessed for specific purposes; establishing identity integrity, so people have a right to establish and maintain their own identity without fear of imposters posing as them online; and maintaining network integrity, so people do not feel forced to “friend” others, including the boss. Legislation, judicial consideration, and even the

New course focuses on cyber crime, surveillance A new course was taught at The Ohio State University Moritz College of Law this fall that explored the legal and policy issues that judges, legislators, prosecutors and defense counsel confront in response to computerrelated crime and computer-related surveillance. Taught by Professor Ric Simmons, Computer Crime & Surveillance considers how conduct in cyberspace challenges traditional approaches to the investigation, prosecution, and defense of criminal conduct in physical space. Classroom discussions covered applying the Fourth Amendment in cyberspace, statutory laws regarding internet surveillance, computer hacking, computer viruses, worms and Trojan horses, defining what cyber conduct should be criminalized and identifying appropriate sanctions, online economic espionage, cyberterrorism, and civil liberties online. Two special agents from the FBI’s Cyber & Technical Services Squad in Cincinnati were featured guest speakers during the semester as well.

2002

FBI greater freedom to search telephone, email, and financial records without a court order. Important provisions would be found unconstitutional later.

Globally, greater attention is given to international sharing of Passenger Name Records – information airlines gather and keep on travelers from itineraries to addresses to family members’ names.

Friendster, a site that allows users to socialize with their “circle of friends,” is released. It is one of the first social networking sites to gain mainstream popularity, garnering more than 3 million users within its first few months.

2003

2004

The FTC’s popular National Do Not Call registry goes live. Social networking site MySpace is unveiled to eUniverse employees, who are encouraged to sign up users through company contests. American and Canadian professionals in the accounting industry publish Generally Accepted Privacy Principles.

From a dorm room at Harvard College, thefacebook.com launches.

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WINTER 2013

[ The Creepy Factor ] White House’s proposed “Privacy Bill of Rights” all focus on the backstage data. Hartzog said, “Protections must be broader in scope if they’re to be meaningful at all.” Government biggest consumer of data While many look to policymakers to draft the next round of privacy regulation, other parts of the government are consuming large quantities of data as part of surveillance and investigation. Facebook and other social media sites, cell phone records maintained by third-party entities, and a smartphone’s subscriber identity module, or SIM card, are just a few of the places police agencies look when building their body of evidence in criminal investigations, but court opinions have not answered what implications there may be under the Fourth Amendment, explained Professor Ric Simmons. “The good news for police is that today, when most people communicate, they’re keeping a semi-permanent record of what they’re saying to each other. That makes for great evidence,” he said, “but they’ll almost always need a warrant to go after the computers and smartphones.” However, only a subpoena is needed for most requests made of third parties that maintain information on customers, including private companies that have tracking tools on customers’ phones and cars, said Simmons, who taught a seminar on computer crime and surveillance this fall. Paraphrasing another expert in the field, Simmons explained that an FBI agent may not even need to enter the

2005

Google buys Keyhole, Inc., a CIA-funded company that developed the Earthviewer 3D program, which later becomes Google Earth. California enacts a law requiring companies to notify consumers of any security breaches involving their personal information. Other states quickly follow suit.

2006

Working in data privacy becomes popular, and IAPP membership reaches 2,000.

T H E O H I O S TAT E U N I V E R S I T Y

Facebook, which dropped the “the” in 2005, opens up to anyone over the age of 13. The world’s first “tweet” is sent at 9:50 p.m. March 21 by Jack Dorsey: “just setting up my twttr.”

field for surveillance in another decade. Rather, investigators could simply request emails from Google, download a person’s Foursquare check-ins, and ask major retailers for the detailed purchasing records they keep to build the case for an arrest warrant. “We give so much information to private companies that we aren’t necessarily aware of – everything from our online shopping habits to GPS tracking of our location,” Simmons said. “Any information you give to a third party is not protected under the Fourth Amendment. If you share it with another person, you share it with the world, including the government.” The U.S. leads the world in the number of requests countries make for Google users’ data, according to a report the company released in November. In the first six months of 2012, nearly 8,000 requests were made for information on more than 16,000 accounts. Government entities wanted to review various Google products, including Gmail, Google Docs, and search queries. It was a 26 percent increase in requests from the six months prior. Other companies, including Twitter, Dropbox, and LinkedIn, have started reporting out the government requests for data they receive as well. Meanwhile, consumers share information about their location to cell phone service providers each time they check email, send a text, or make a call. The information does not require voluntary disclosure from the customer; it’s generated automatically. Cell phone companies keep months of data on file, and they do not have to disclose to their customers when such records are passed on to law enforcement.

2007

Apple Inc. unveils the iPhone with its touchscreen technology, and stylus pens around the world are chucked into the trash for good.

2008

Google integrates Street View into Google Earth.

[ The Creepy Factor ] Circuit court rulings have contradicted one another on the issue. “Courts are by definition reactive, so decisions don’t come down until years and years after the technology comes out. Legislatures at least can be proactive, but they are still kind of slow,” Simmons said. “The final possibility is to have administrative rules set up by bodies that oversee policing agencies. The problem there is that all those different administrative bodies have different agendas.” The terrorist attacks of Sept. 11, 2001 greatly altered the way privacy and security concerns are weighed, Swire explained. He chaired a White House working group in 2000 that proposed a legislative update for wiretap laws in the Internet age. Many of those topics were included in the USA PATRIOT Act of 2001, but gone was the update to help both privacy and government access Swire helped create. In its place were policies that gave the government greater access with fewer safeguards for citizens’ privacy. “After 9/11, the concern was about sleeper cells and other civilians hiding in a sea of civilians, and so there was huge pressure to increase to surveillance,” he said. “The policy battles today are about third parties, all the other entities that may be holding relevant data.” Regulatory frameworks under review The European Union led the way in the 1990s in creating a regulatory framework for privacy protection, and the body is likely to do it again today, experts believe.

“Any information you give to a third party is not protected under the Fourth Amendment. If you share it with another person, you share it with the world, including the government.” – Professor Ric Simmons

2010

2011

2012

The FTC and Department of Commerce call for a national breach notification law, a federal privacy office, and a do-not-track option for Internet users who want their browsing activities to remain private. The first tweet from outer space is made from the International Space Station by a NASA astronaut.

Twitter reports that 140 million tweets are posted daily around the world. That’s a rate of 1,620 tweets every second.

The Obama White House unveils its Consumer Privacy Bill of Rights to “guide efforts to give (Internet) users more control over how their personal information is used.” Additionally, advertising networks announce that well-known Internet companies and networks will commit to act on Do Not Track technology and become

subject to FTC enforcement. As of September, Facebook has more than 1 billion active users. The European Commission unveils a draft of European Data Protection Regulation, which, when adopted, will replace the Data Protection Directive. Changes could include a “right to be forgotten” provision for

those wishing to delete accurate-but-unflattering information from the Internet and painful fines for companies found to violate privacy protections. Membership of the IAPP exceeds 10,000, showing that more data privacy professionals are being hired and joining the ranks with each passing year.

Moritz College of Law | W I N T E R

2013

[ The Creepy Factor ] •

“Europe was being so careful about privacy they didn’t want to ship off (data) to some unsafe place where people’s rights were being violated. The major unsafe place where people’s rights were being violated was called the United States of America – at least that was the worry of Europe.” – Professor Peter P. Swire The common market required the EU to develop ways for data to move freely through member states’ borders in the 1990s, just as they had made it easier for goods and people to move. The EU’s 1995 Data Protection Directive had two goals: to create one general set of laws for data transferring and to protect people’s privacy in the process. Privacy, the EU stated, was to be considered a human rights issue. “Europe was being so careful about privacy they didn’t want to ship off (data) to some unsafe place where people’s rights were being violated,” Swire said. “The major unsafe place where people’s rights were being violated was called the United States of America – at least that was the worry of Europe.” In 2000, the Safe Harbor Principles were negotiated between the U.S. and EUAmong other actions, companies that voluntarily follow the principles vow to: • give notice to individuals about what data is being collected and how it will be used; • offer consumers the choice to opt out of having collection forwarded to a third party; • forward information only to third parties that also follow Safe Harbor Principles; • make reasonable efforts to prevent loss of information; and

T H E O H I O S TAT E U N I V E R S I T Y

allow individuals to access the information held about them and correct or delete inaccuracies. Proposed updates to Safe Harbor Principles and the EU directive would affect consumers and companies alike, Swire explained. U.S. companies would have one leading government agency to deal with instead of 25 or more national regulators, but the penalty for breaking the guidelines would be much steeper – 2 percent of global revenues. “For a billion-dollar company, that gets up into the tens of millions of dollars,” Swire said. European policymakers also have suggested creating a “right to be forgotten” provision that would enable individuals to delete a wide range of accurate information from database searches, including newspaper articles about crimes committed in one’s past. That alone runs afoul of the U.S. approach to free speech protection under the First Amendment. While there are nearly 100 countries around the world with private sector data privacy laws, the U.S. does not have a comprehensive set. Instead, privacy policy in the 1990s developed on an ad hoc basis, around health care or minors, for example. In what he has dubbed the “second wave” of privacy protection, Swire said, “We may see specialized bills about location tracking or in other sectors. But it’s hard to pass anything in Congress these days, and privacy’s complicated. To pass a big privacy bill would be difficult, and so that puts pressure on everyone else to figure out how to structure this stuff.” Industry self-regulation has not always served the public interest well. A Government Accountability Office study released in October concluded that wireless companies, for example, are not adequately explaining to customers how location information is used. Many disclosure policies did not meet an “informed consent” threshold, and the report recommended action from the National Telecommunications and Information Administration and the Federal Trade Commission. The White House unveiled a “Consumer Privacy Bill of Rights” in February, designed to guide development of enforceable privacy policies that would give Internet users more control over how their information is used. “When you’re in the middle of the wave, you don’t know how the surfing’s going to turn out – whether you’re going to crash or get on shore safely. If you’re surfing this way, it’s hard to tell quite where you’ll end up,” Swire said. “We’re in a period where there are new major things – location tracking, social networks, and this third-party ecosystem for advertising. The public policy world is going to shape how those operate.” AR

[ The Creepy Factor ]

Courts redefining expectation of privacy in workplace Employment laws have not caught up with technology – and are unlikely to do so anytime soon, offered L. Camille Hébert, the Carter C. Kissell Professor of Law at Moritz who has written a treatise on employee privacy law. The Supreme Court of the United States ruled that workers can expect a degree of privacy in their private offices. For example, employers generally have to respect boundaries when it comes to physical space, such as not rifling through an employee’s desk drawers or filing cabinets, even if the desk or filing cabinet is company property. There must be either a reasonable suspicion that the employee has violated workplace policies or a noninvestigatory need for the search. Additionally, employers normally cannot listen in on a personal call as it’s taking place on a work-issued landline. “This is my filing cabinet,” Hébert said, tapping a drawer behind her desk in Drinko Hall. Then, motioning toward her computer monitor, she added: “This is my electronic filing cabinet because I never delete anything. Yet, the courts have had a lot of difficulty trying to decide whether employees have an expectation of privacy in their computers and their use of email and the Internet.” Ownership often is at the heart of lower court rulings in cases involving computers and digital data, such as emails, computer files, and Internet search histories. Employers who publish policies warning employees about the employer’s intent to access equipment, monitor systems, and review data are supported by the courts routinely. The Supreme Court skirted the issue when deciding a case in 2010 involving a SWAT sergeant using a work-issued pager to send an enormous number of messages to his wife and mistress. The court took great effort to avoid setting precedent relating to the reasonability of searches, indicating that technological changes and social norms are evolv-

ing too rapidly to keep pace. “The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clear,” Justice Anthony Kennedy wrote. “Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence, and extent, of privacy expectations enjoyed by em-

“Fortunately, most employers are not interested in looking through your passwords or data. They realize it would be detrimental for employee morale.” – L. Camille Hébert

ployees when using employer-provided communication devices.” Hébert said employees’ privacy may be vulnerable when it comes to their personal devices as well. Personal laptops used in conjunction with a workplace wireless network, computers at home used to access work servers and webmail, and even a smartphone brought to the workplace could be the next areas in which privacy challenges arise. While courts are correct to defend

the right of employers to ensure that time at work was spent on work, but devices are teeming with personal information that most people may not want to share with their employers, Hébert said. “If you really thought about what employers can do, you’d be paralyzed,” she said. “Fortunately, most employers are not interested in looking through your passwords or personal data. They realize it would be detrimental for employee morale.” Still, there always will be those who push for greater access. When media reports surfaced in 2012 of job applicants being asked for social media account information and passwords, legislators in a number of states, including California, Maryland, and Illinois, got to work on crafting laws prohibiting such intrusion. In the nation’s capital, Sens. Charles E. Schumer of New York and Richard Blumenthal of Connecticut called for probes into whether the practice violates federal law. Facebook executives argued employers who requested such information of job applicants opened themselves up to risk of discrimination claims. Gender, race, religion, age, and more can be found on a profile. Some companies that did not directly ask for social media account information took other steps, such as asking an applicant to “friend” a human resources manager. Third-party applications, marketed as a way to help job-seekers network, can be used by potential employers to access personal profiles and wall messages. Job applicants also reported being asked to log on to a site during the interview or required to sign nondisparagement agreements banning negative talk about the employer once hired. “Probably the safest way to use Facebook is to not have any ‘friends’ at all,” Hébert said, “but that probably would defeat the purpose of being on Facebook, right?” – Monica DeMeglio

Moritz College of Law | W I N T E R 2 0 1 3

[ 1 Degree, 10 Careers ]

1 Degree, 10 Careers in higher education A Juris Doctor can be the door that leads to varied and challenging opportunities in any number of specialties. In this issue of All Rise, we take a look at how one degree has served 10 alumni in their careers in higher education. BY MONICA DEMEGLIO

T H E O H I O S TAT E U N I V E R S I T Y

1 Gregory J. Vincent â&#x20AC;&#x2122;87 Vice President for Diversity and Community Engagement and Professor of Law The University of Texas at Austin

How I use my J.D.: My law degree, along with my Ph.D., gave me the ability to successfully lead a state agency and become a higher education executive in addition to being a professor of law. The negotiation and advocacy skills have been invaluable throughout my career whether in the corporate, governmental, or higher education arena. Greatest lesson learned in law school: Networking matters. As well, the rigor of the curriculum gave me the confidence to be a successful professional, and the emphasis on professionalism and teamwork has always served me well.

[ 1 Degree, 10 Careers ]

James H. Richey ’88

Lynette ChappellWilliams ’82

President Brevard Community College

How I use my J.D.: The analytical skills honed at the Moritz College of Law are invaluable in my role as a college president in such diverse areas as finance, strategic planning, labor negotiations, human resources, and building partnerships with industry and business. Greatest lesson learned in law school: The different points of view presented in studying the law instilled a strong belief in team-building and working in a collaborative fashion, an approach I use every day to offer more opportunities to students and create a dynamic future for the college I lead.

Associate Vice President, Inclusion and Workforce Diversity Cornell University

How I use my J.D.: As the university’s Title IX coordinator and one of the leaders for affirmative action and diversity efforts, my law degree allows me to understand the legal foundation for all the programs I have responsibility for and provides “credibility” when developing programs that are innovative but require cultural change. Greatest lesson learned in law school: It is important to know who you are and what you want in life to stay focused on what you need to do to be successful and not be distracted by what others think you should be doing. Law school prepares you for a wide variety of careers, so it is important to find that career that you are passionate about.

4 Steve Webb ’02 Executive Director of Athletics Compliance Arizona State University

How I use my J.D.: I manage and direct ASU’s efforts to ensure institutional compliance with all NCAA, Pac-12 Conference, and university rules and regulations governing intercollegiate athletics. Greatest lesson learned in law school: Law school taught me how to think about and analyze things in a different way. I learned how to take complex fact patterns, distill out the most important facts and arguments, and apply rules and regulations.

Moritz College of Law | W I N T E R 2 0 1 3

[ 1 Degree, 10 Careers ]

Larry R. Thompson ’76

Christian Spears ’02

Amanda Compton ’10

President Ringling College of Art + Design

Deputy Director of Athletics Northern Illinois University

Development Officer for Major Gifts Ohio Wesleyan University

How I use my J.D.: I find myself using the skills learned in law school at Moritz almost every day. Although I do not practice law (I’m a “recovering” lawyer), I repeatedly am confronted with policy questions that have legal ramifications, whether it is risk management, contracts, negotiation strategies, regulatory compliance, or employment law. Greatest lesson learned in law school: The greatest lesson learned in law school was the ability to think through issues from all perspectives and understanding the arguments that others will put forth as we decide major policy and implementation questions that will benefit the college and its students.

T H E O H I O S TAT E U N I V E R S I T Y

How I use my J.D.: I use my J.D. when I work with our general counsel on a variety of issues (legal and otherwise) that affect our intercollegiate athletic program; when negotiating contracts with agents and apparel companies as well as other business vendors; when I interpret regulations and bylaws that impact how we serve and support our student-athletes, coaches, and staff. Greatest lesson learned in law school: How to present my ideas clearly, logically and (most importantly) persuasively. Naturally, understanding the dynamics of a situation or issue and being able to discuss all sides of the issue using critical thinking through quick analysis has been extremely valuable as well.

How I use my J.D.: My legal education taught me, above all else, to be strategic, analytical, to consider all factors, and to look at a situation from different angles. In my work each day, I must consider many elements simultaneously (the interests of the university, the ideal timeframe for a gift, the realistic timeframe for a gift, how a gift can be composed, the history of interaction with a donor, and the interests of the donor, among others); I must be strategic with how to achieve the university’s needs and goals; and I must be flexible and switch to a different plan when new information reveals itself. My J.D. also trained me to be extremely sensitive and thorough when handling gift agreements and details. Greatest lesson learned in law school: The answer to almost everything is, “It depends!” Also, not to reach a high level of stress because what is in front of you is not the most difficult challenge you will face, and you can get through it!

[ 1 Degree, 10 Careers ]

Jeff Kaplan ’76

Sarbeth J. Fleming ’00

Senior Vice President of Advancement The Ohio State University

Associate Dean of Admission and Financial Aid/Director of Multicultural Admission Davidson College

Kelly N. (Woods) Widener ’04

How I use my J.D.: My law school training is useful in thinking about problems and formulating solutions by approaching issues from a variety of angles instead of one or two. It also serves to remind me that how one explains the case or matter at hand often is as important as the facts themselves. Finally, it is a good shield allowing me to disregard those who bluster and threaten to sue whenever they don’t get their way. Greatest lesson learned in law school: Don’t take yourself too seriously; remember that humor is almost always helpful; remember that no one is always right (including oneself) no matter how smart one thinks one is.

How I use my J.D.: My J.D. has opened so many doors for me. I remember at graduation we were taught (paraphrased): “Never use logic in an illogical situation.” This way of thinking has helped me advance in my career and been seen a problem-solver at each of my jobs. Since I am a supervisor and work in an office of 31 people, my dispute resolution classes have been invaluable. Greatest lesson learned in law school: Oddly enough, I recount at least one Ohio State experience daily. Ohio State taught me how to work with so many people from diverse backgrounds. Listening to my classmates, for example, who had experienced being in the workforce in Professor (Joseph) Stulberg’s Employment Law class helped make the subject real. Moritz does an outstanding job with making sure all students understand the materials.

Assistant Director of Athletics for Compliance & Student Services Princeton University

How I use my J.D.: As the assistant A.D., I must educate coaches, administrators, student-athletes, campus constituencies, alumni, prospects, and supporters of intercollegiate athletics on the NCAA bylaws and Ivy League rules. I administer and provide guidance with respect to these rules on a daily basis. My position requires me to research case precedent when submitting waivers requesting relief from these rules and bylaws. I am most appreciative of my J.D. when I’m able to successfully advocate for my coaches and student-athletes – the most satisfying and rewarding part of my job. Greatest lesson learned in law school: Don’t schedule Real Estate Finance at 7:30 a.m. if you participate in the intramural bowling league!

Moritz College of Law | W I N T E R 2 0 1 3

TODD CALLENTINE

[ Her life’s mission ]

T H E O H I O S TAT E U N I V E R S I T Y

[ Her life’s mission ]

Following Her Calling Retired Ohio Supreme Court Justice Evelyn Lundberg Stratton ’79 prepares for next chapter in advocacy BY MONICA DEMEGLIO

s a trial judge in Franklin County, Ohio, Evelyn Lundberg Stratton ’79 often stared down from her bench at defendants buckling under the weight of more than just lengthy criminal records. They were dealing with mental health issues that contributed to the troubles they faced in her courtroom. “I didn’t know what to do with them and foolishly thought if I put them in jail they would get treatment,” she recalled. “That didn’t happen.” When she examined the issue further, Stratton found the mental health system was not working with the drug and alcohol abuse system, which was not working with the employment system and so on. “The person might never make the first appointment, to get housing for example, much less the following ones to get help with their addiction or other social services they might need,” Stratton said. “I always wanted to do something about it.” She got her chance after joining the Ohio Supreme

Court. In 2001, she founded the Advisory Committee on Mental Illness and the Courts to develop solutions for the revolving door issue of people with mental illness trapped in the criminal justice system. Ohio only had two mental health courts at the time. More than a decade later, the state leads the nation with 38 mental health courts and 144 specialized dockets, which support local courts in developing programs to help specific populations within the court system. Ohio leads the country in training police with Crisis Intervention Teams, with more than 5,600 trained as of June. As Stratton prepared to leave the Ohio Supreme Court at the end of 2012, her work with mental illness courts and her advocacy for other groups will be part of her lasting legacy, said colleagues and friends. “I’ve been so honored to have this job. I have just absolutely marvelous colleagues who I will miss dearly. But my heart calls me to go further and work on a lot of the issues in criminal justice reform that are near to my heart,” she said in a farewell >>

Retired Ohio Supreme Court Justice Evelyn Lundberg Stratton ’79 stands in her robes in the courtroom where, for 17 years, she weighed important decisions affecting Ohioans.

Moritz College of Law | W I N T E R 2 0 1 3

[ Her life’s mission ] Growing up abroad In February 1953, Mrs. Corrine Sahlberg took the train from the remote Thai village of Nong Khai to Bangkok. At roughly 385 miles, it was a long, treacherous journey for a woman to make alone – much less pregnant. She needed to get to Bangkok three weeks prior to the arrival of her and her husband’s second child. The Sahlbergs were working in Thailand with The Christian and Missionary Alliance, spreading the Gospel to people living in remote mountain villages. Stratton has a black-and-white photo of what she likes to call her “Indiana Jones dad,” Elmer, in her chambers. He’s floating down the Mekong River, on a dugout canoe, appearing very much at ease just a few inches above the water, with a chicken next to him. The fowl was his supper for later, as the people he visited would be too poor to provide him a meal. As he shared the Christian faith, his wife taught Bible

health and veterans’ courts and improvements in juvenile justice for which she will be lauded long after leaving the bench, McGee Brown said. “She has really been the voice around the country on what courts can do to better serve veterans returning with traumatic brain injury or other issues and working with police and judges around Ohio on response to defendants with mental illness,” McGee Brown said. “Justice Stratton works hard and is always willing to help others. She cares very much about the judiciary and how we can make the judicial branch better for judges, lawyers, and the people who access them.” As Stratton gains a reputation for advocating for the mentally ill and veterans, people sometimes gently tease her for being a conservative Republican working on behalf of traditionally liberal causes. With a glint in her eye, she enjoys retorting: “Well, Republicans can be mentally ill, too!” Then, with a reflective pause, she adds, “It’s the fault of my missionary parents. They inspired me to do all of this.”

classes for women and served as a practical nurse. In Nong Khai, they were the only foreigners except for one Catholic priest. The family lived in a house considered fancy by Thai standards but primitive to Americans. There was no running water, and electricity was available only by day. Stratton lived there until she was 6 – the age when all missionary children bid their parents farewell and went off to boarding school for four and five months at a time. Without telephones, the Sahlbergs communicated with their children through letters. Stratton recalled being fortunate enough to have parents who wrote faithfully. She said, “Some kids did real well in that environment; some did not. The separation from parents at such a young age was really tough on a lot of kids. I somehow thrived in it.” Stratton was in boarding school in South Vietnam during the height of the Vietnam War. The walks she and her classmates used to be able to take into the mountains as young children became unsafe. Eventually, they could not leave campus at all.

COURTESY OF EVELYN LUNDBERG STRATTON ’79

>> statement before the court on Sept. 13. During a conversation in her chambers on Front Street, she elaborated further. Being an Ohio Supreme Court justice is a demanding job. Justices read, on average, 5 feet of legal briefs every two weeks. Plus, there are ethical restraints on advocacy with which to contend. “The work that I do in mental health and with veterans has become far more important to me,” Stratton said. “I was pretty much doing two full-time jobs, and one had to go. So this one went.” Former Justice Yvette McGee Brown ’85 has known Stratton since their days serving in the Franklin County Common Pleas Court. She described Stratton as a thoughtful jurist who listened with an open mind to opinions that were different than hers. Stratton was collaborative in her approach and quick in getting out her decisions. But it will be Stratton’s significant contributions to mental

Evelyn Sahlberg made friends and other happy childhood memories growing up in Southeast Asia as the daughter of Christian missionaries.

T H E O H I O S TAT E U N I V E R S I T Y

[ Her life’s mission ]

TODD CALLENTINE

Meanwhile, the school received copies of Newsweek and TIME. Coverage of the war was two and three months out of date. Still, the children gleaned that the war was unpopular in the United States, a place they didn’t quite identify as home. It was infuriating to Stratton. “The media painted this very negative picture. It’s like they talked about all the bad things America does and American soldiers do and they never talked about the atrocities committed by the Viet Kong daily,” she said. “We had pastors who were hung upside-down and gutted in front of their children, and that would never make the papers. We spent a lot of time being angry at America and the American government for being critical of our forces.” With the Tet Offensive in 1968, there became concerns that the missionary school would become a target for terrorism. Stratton’s parents pulled her out a few months before the entire school was evacuated, and the 180 students and teachers were taken to Bangkok, where she rejoined them. Emergency accommodations meant learning in >>

Evelyn Stratton on… THE DEATH PENALTY: “It’s not a deterrent one wit. Nobody

thinks, ‘I’m not going to kill this person because I might get the death penalty.’ They’re in the throes of something, and they’re not thinking about that. I would much favor going to life without parole, if I were a legislator.” LIFETIME APPOINTMENTS: “Not a good idea. I think they

should be accountable to people. I think when you get lifetime appointments, there’s a danger to lose contact with reality, with the public, with being practical. There’s the god complex that sometimes comes in.” JUDGES HAVING TO RUN FOR ELECTION VS. BEING APPOINTED:

“The appointive system is secretive. It’s not open. Nobody knows about the person being appointed. Nobody has input about the person being appointed. When I ran for office, I gave more than 50 interviews, including media interviews. I filled out hundreds of questionnaires. The public had input and the ability to influence the election. If you can elect your governor, you can elect your judge. Politics is every bit as much in the appointive system; it’s just secret instead of open.” MAYOR’S COURTS: “I’m mixed on that. I think some of them

are abused, and some of them are misused as cash cows. But I think there’s some value to getting rid of the little cases at

the local level with a human touch rather than bringing them to the big city.” OHIO CONSTITUTION REWRITING: “I think it’s a good thing to

take a look at it and see if there’s some tweaking that is needed. The Constitutional Convention, I think, is a very good idea. What I do fear is the referendum process that hijacks an issue that’s paid for by an outside party that has a lot of money to fund it and get it on the ballot. California is constantly passing a mandate of some sort that has no funding, and that’s part of the reason they’re in crisis. The casino is the perfect example of a business hijacking the constitution for its own selfish gain.” HER NICKNAME “THE VELVET HAMMER”: “When I was a trial

judge, I was known for being very respectful and polite. Some of these defendants had no dignity left and no family in the courtroom. I tried to treat them as human beings should be treated. I also was known for being a very tough sentencer, especially when it came to white collar crime. You stole for greed, and this person stole because they were desperate and poor. A prosecutor gave me that name fairly early on, and it stuck. It ended up being wonderful for advertising. When I ran for the Supreme Court, my story was easy to tell in 15 seconds: Missionary kid. Velvet Hammer. That’s it.”

Moritz College of Law | W I N T E R 2 0 1 3

[ Her life’s mission ] Stratton’s passion for certain projects is palpable, including her reform work with mental health courts, juvenile justice, and veterans’ treatment courts.

Finding her calling At 18, Stratton returned to the United States by herself to attend college. She had $500 and needed to work her way through colleges in Florida and Texas, where she met her first husband, an Ohioan. After getting married, she finished earning her degree in international relations at the University of Akron in 1976. “Someone said to me, ‘You like to write. You like to act. Why don’t you become a lawyer?’ ” Stratton recalled. She jokes that she had never met a lawyer or seen an episode of Perry Mason, yet she knew she wanted to be a judge from the start of her law school career at The Ohio State University Moritz College of Law. “I happen to have a fairly religious streak still, and I always thought of it as my calling.” Working her way through school again, Stratton would study her law books behind the cosmetics counter at Lazarus. She had little time for any carefree moments in law school, saying, “I didn’t get as involved as law students do in the total immersion thing, which I think was good. It kept me grounded.” Upon graduating in 1979, Stratton worked for a Columbus firm. While her work was valued, it was clear that a woman partner was not welcomed. Friends invited her to join them in creating their own firm – coming in at the partner level. Her practice focused on insurance defense and business law mostly. She started a side practice in adoption that mushroomed.

MONICA DEMEGLIO

Justice Evelyn Lundberg Stratton ’79 reads a box of legal briefs on the back deck of her Worthington, Ohio home in 2012. Stratton and the other Ohio Supreme Court Justices read 5 feet of legal briefs every two weeks, on average.

>> lean-to structures hastily constructed on sidewalks and sleeping in rooms with two triple-bunked beds. “I always was a skinny kid, so I usually got the top bunk,” Stratton said, chuckling.

T H E O H I O S TAT E U N I V E R S I T Y

Yet, Stratton had not given up on her long-term goal of becoming a judge, and the opportunity presented itself nine years out of law school, when she was 34 years old. The Franklin County Court of Common Pleas had six seats open, and there were five men in the Republican Party prepared to run. They needed a woman, and Stratton received the nod to run. She went up against the only incumbent on the bench. After winning, she immediately ran up against male chauvinism and bureaucracy. She found ways to work around it, though. She and Judge Michael Close conspired to work together so he would present her projects at the judges’ meetings. Issues that would have met a brick wall, had she raised them, sailed through. Meanwhile, she worked with the state bar association on other issues to keep her energies focused. Stratton was earning a reputation for being very active in working on reforms when Republican Party insiders called her one day to say that Ohio Supreme Court Justice J. Craig Wright was resigning a year early. Could they float her name to thenGov. George Voinovich ’61? “I had no political connections or family or money,” Stratton said. The call caught her off guard, but she eventually agreed to the idea. She met with Voinovich prior to her appointment on March 7, 1996. Fellow justices say she is respectful, open-minded, and able to recall specifics of cases heard a decade before when deliberating. “Eve is a hardworking colleague who is well-prepared and fair. She is an independent thinker and provides valuable insight into case decision-making,” said Justice Terrence O’Donnell. “Her opinions are well-written and well-reasoned. These are the reasons she is so highly valued by her colleagues on the bench and in the bar.” In addition to finding personal satisfaction with serving in the state’s highest court, Stratton also appreciates the ability she has to work on issues important to her. “This job has so much flexibility with the kinds of projects you can work on that I would never have been able to do at the federal level.” Advocating for others Stratton’s passion for certain projects is palpable, including her reform work with mental health courts, juvenile justice, and veterans’ treatment courts. She helped change the ways juveniles are evaluated for competency and represented in criminal cases. Stratton continues to work on how juveniles are treated once bound over to adult prisons, as well. “There’s a lot of changes we can make there. For example, there’s no child psychologist. The

kids in the prison system have the same access to the psychiatrist that the other 50,000 prisoners have,” she said, “but they may not have training in youth issues.” In establishing mental health courts for adults, Stratton helped spur development of Crisis Intervention Teams for law enforcement officers responding to calls involving mental illness issues. That alone has saved “countless lives at the community level,” said Terry Russell, executive director of Ohio’s National Alliance on Mental Illness. “This training gives law enforcement officers the tools they need to de-escalate mental health crises in the field. This has an impact on the safety of both the individuals suffering from mental illness as well as the officers responding to calls,” Russell said. “I have been in the mental health business for 40 years, and no one has had a greater impact on implementing much needed services for the severely mentally disabled than Justice Stratton. She makes it known that as an Ohio Supreme Court justice, she has a ‘bully pulpit.’ When I need to communicate to policymakers, I often ask Justice Stratton to open the door.” Stratton’s efforts to expand mental health broadened outside of the Buckeye State’s borders when she helped create and co-chair the national Judges’ Criminal Justice/Mental Health Leadership Initiative. In 2008, the initiative received $600,000 in seed money to establish seven, and eventually with more funding, 11 state-level committees to focus on collaboration between parties with an interest in defendants with mental illness – all modeled after the Ohio advisory committee. Officials in Bexar County, Texas reported jail stays were reduced or completely avoided for 1,700 people during their program’s first year. A study of the Maricopa County Comprehensive Mental Health Court in Arizona found the recidivism rate of participants dropped to nearly half the rate of general population offenders. While at a national conference on housing four years ago, Stratton sat next to a man from the U.S. Department of Veterans Affairs. He wanted to create veterans courts, and Stratton recognized her decade of experience in establishing specialty dockets could benefit those who sacrifice greatly for their country. Plus, she had a personal affinity for veterans, with five uncles and a father who served in World War II, a grandfather killed in World War II, two brothers who served in the Vietnam War, and a nephew in the Air Force just back from South Korea. In addition to creating veterans’ courts in Ohio, she helped start a pro bono project to assist with meeting legal needs of active military and veterans. Stratton also has collaborated with the Veterans Administration on a national liaison program for

COURTESY OF EVELYN LUNDBERG STRATTON ‘79

[ Her life’s mission ]

On a personal note n Retired Ohio Supreme Court Justice Evelyn Lundberg Stratton ’79 is married to Jack Lundberg, pictured far right, whom she met in her second campaign for the Common Pleas bench and dated for nine weeks before becoming engaged. They share a home remodeling project – he tackles the ambitious tasks, while Stratton handles the fine-tuning, such as filling in cracks and painting. They also have gone fly-fishing together in places such as Chile and Costa Rica. Her two sons are very artistic. Luke is the light and sound director for a band called Dopapod. The band comes through Ohio about every three months, and Stratton plays “mom” to the six band members. Tyler is a first assistant movie director in Los Angeles. While visiting Tyler on location in California recently, his shoot went into overtime. So he wrote Mom in as a production assistant. It was a biker movie shot in the desert. “I had to clap the board and say, ‘Scene 2. Take 3.’ What fun!” Stratton exclaimed.

veterans involved in the court system, and she continues to work on educating judges about the need to ask defendants if they have military experience so they are able to access available services. “Just as we have learned from our mental health court programs, incarcerating our veterans and throwing away the key is neither the smartest nor the most cost-effective solution,” she co-wrote in a 2010 report on The Ohio Veterans WrapAround Project. “Since they have given so much for our country and our safety, we need to wrap our arms around our veterans and help them in their time of need.” As Stratton prepared to leave one full-time job to dedicate herself fully to the other – that of an advocate – she was clearly optimistic about the changes she can affect: “These criminal justice issues occupy a place of growing importance in my life, and I have decided to dedicate myself to them even more so not only here in Ohio but also on a national level.” AR Moritz College of Law | W I N T E R

2013

[ New to the Court ]

COURTESY OF THE OHIO SUPREME COURT

Alumna appointed to Ohio Supreme Court BY MONICA DEMEGLIO

T H E O H I O S TAT E U N I V E R S I T Y

hankfully, Judith French ’88 had found the hand crank on the side of the lectern the last time she argued before the Supreme Court of the United States. She knew just how many turns were required to lower the lectern to fit her 5-foot frame so she could argue her case confidently. The only thing she needed to do was to keep her nerves from overwhelming her as she stood there that February morning, waiting for Chief Justice William Rehnquist to acknowledge her. At stake was the future of not only the school voucher program in Cleveland but questions about the separation of church and state. “In law school, when I gave moot court arguments, my leg would shake when I got nervous,” the alumna of The Ohio State University Moritz College of Law recalled. “You can’t let that happen there. So I had practiced at home with my daughter, who was 11 at the time. She would call the case and make me wait and wait.” The newest justice to the Ohio Supreme Court said those kinds of experiences have encouraged her to be nice from the bench to lawyers before her. There are moments when any lawyer can find herself struggling or overcoming a case of nerves with an important task at hand. “I don’t ever want to be that justice who belittles an attorney, who makes them feel like they don’t know the answer,” French said. “In those moments where I know the lawyer really needs a drink of water or doesn’t know how to answer a certain question, I try to show kindness or even throw a lifeline, referencing a point made in a brief perhaps.” French was appointed Dec. 20 by Ohio Gov. John R. Kasich to fill the vacancy left by Ohio Supreme Court Justice Evelyn Lundberg Stratton ’79, who retired at the end of 2012. French will serve the remainder of Stratton’s term and run for the office in 2014. “It was important that we picked somebody who in many ways would kind of be in the same mold as Judge Stratton, who’s done a fantastic job over there,” Kasich told Court News Ohio. “She’s going to be a great judge and a great addition, and I also think she’ll be a strong candidate when the time comes for her to run. She’s got a lot of fire in her, and I’m just very excited to do this.” French most recently served on the 10th District Court of Appeals, an eight-member court with jurisdiction over civil, criminal, and administrative appeals. She was appointed to that post by then-Ohio Gov. Bob Taft in 2004 and won election to six-year terms in 2004 and 2010. Prior to that, French was the chief counsel to both Taft and former Ohio Attorney General Betty Montgomery.

[ New to the Court ] fluential professors at Moritz, Lawrence Herman. Because she was earning two degrees, French spent four years at the College, and Herman was her moot court advisor for two of those years. “To this day, he is one of the toughest questioners I’ve been in front of in a court panel,” she said. “He was a great advisor because he could make you feel confident but guide you with a soft hand toward a different way of thinking about a case. That is really a gift.” French has maintained ties to the College as a member its National Council. She also serves on the Ohio Constitutional Modernization Commission and the board of Amethyst Inc., a center for long-term addiction treatment with safe housing for women and their children. She lives in Central Ohio with her husband, Ed Skeens, a magistrate for the Franklin County Court of Common Pleas, and their children Julia, a senior majoring in criminology at Ohio State, and Joseph, a student at Grandview Heights High School. AR

“I am a huge cheerleader for working in the public sector. It’s a wonderful training ground. You get a broad base of experience from talented professionals who could work anywhere they want but choose to work in public service.” – Judith French ’88

COURTESY OF THE OHIO SUPREME COURT

It was Montgomery who picked French as the attorney to defend the state in the Cleveland school voucher case, Zelman v. Simmons-Harris, in 2002. “I am so grateful to Betty Montgomery for that experience because she had the confidence in me that I was the right person for the job,” French said. “I learned standing there, at the lectern, that I was the right person. I was a single mom. My daughter was in public school. I had been in public schools my whole life. I really felt like I was the right person, no matter the pressure – and there was a lot of pressure from the outside. That’s a really important lesson for a young lawyer to learn.” That day, French said, it seemed as if everything was going their way. Even the weather in Washington, D.C. that February morning was beautiful, she said. In the end, the court ruled in a 5-4 decision that the program was not unconstitutional. French’s career did not start in the public sector, though. After graduating cum laude from Ohio State with a J.D. and a master’s degree in history in 1988, she went to work for Porter, Wright, Morris & Arthur LLP. For four years, she focused on environmental permitting, compliance, and enforcement issues before moving on to become corporate counsel of Steelcase Inc. In 1993, French made the move to the public sector, becoming deputy director for legal affairs at the Ohio Environmental Protection Agency. She advised the director and senior management on issues of state and federal environmental law and managed 25 attorneys. “I always had an interest in government. The Constitution is something that I always have loved to study. So for me, there was sort of a natural progression from being an environmental lawyer to working for a state agency involved in environmental law,” French said. “I am a huge cheerleader for working in the public sector. It’s a wonderful training ground. You get a broad base of experience from talented professionals who could work anywhere they want but choose to work in public service. There also is that layer of public policy that you don’t always get in the private sector.” French spent her holidays becoming familiar with the cases to be heard the first week of arguments in the new year. She is one of three new justices whose first day on the Ohio Supreme Court bench arrived in January. “Clearly there’s going to be a transition period,” she said, “not only for the three new justices to learn the process but to form collegiality among the group. Then, we’ll have the challenges of producing clear, consistent decisions.” Soon after the appointment was made, French received a lovely note from one of her most in-

Moritz College of Law | W I N T E R 2 0 1 3

[ Reinventing the Clerkship ]

Reinventing the Clerkship Model expanding the traditional judicial clerkship could be next trend BY MONICA DEMEGLIO

“Experience is the teacher of all things.” – Julius Caesar

esponding to a fundamental shift in the legal job market for new lawyers, The Ohio State University Moritz College of Law has developed various public interest and private sector fellowships to provide high-caliber graduates with a unique opportunity to gain the one thing employers seek now more than ever: experience. A legal education provides crucial training and the foundation for one’s career, explained Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law, but the market increasingly is demanding postgraduate experience and training serving clients. “It’s become apparent that the future increasingly will include a bridge between law school graduation and the long-term job in the profession that consists of an elite, termed training experience,” he said. 60

T H E O H I O S TAT E U N I V E R S I T Y

Medical residencies and judicial clerkships fit this model, providing new graduates hands-on training experience and a salary in return for their excellent work. The market will flock to law graduates with this kind of experience, and Moritz is establishing a trend by applying the model in a variety of areas, from corporations’ general counsel offices to federal bankruptcy court. The first fellowship program model at Moritz emerged from discussions between Michaels and the general counsels of three well-known companies. The Moritz Corporate Fellowship Program, which just launched in 2011, already has grown into a robust program with more than 20 corporate partners. Using the judicial clerkship as a model, fellows are placed within the general counsel’s office of major corporations - jobs that normally are not open to new lawyers - where they learn firsthand how businesses use legal services. The companies benefit from the fellow’s training and hard work, and, in exchange, impart valuable experience and provide mentoring and a salary. “The vision was for a cutting-edge program that >>

“The best way to encourage a new lawyer to go into a field is to give them a start.” – Alan C. Michaels The fellows and corporate partners who participated in the Moritz Corporate Fellowship Program celebrate its second year at a cocktail reception Nov. 14, featuring an address by Bill Jordan, executive vice president and general counsel for DSW Inc.

Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law, says other top law schools in the nation have sought assistance from Moritz in developing their own post-graduate fellowship programs.

[ Reinventing the Clerkship ]

Erin Moriarty ‘77 accepts the 2012 Distinguished Alumna Award on Oct. 5 at the All-Class Reunion Dinner & Awards Ceremony in Columbus. Moriarty personally pledged to fund a fellow at the Wrongful Conviction Project at the Office of the Ohio Public Defender and has tried to solicit support from other alumni.

Patricia R. Hatler, executive vice president and chief legal and governance officer for Nationwide, was among a small group of corporate general counsels who gave shape to the vision of the Moritz Corporate Fellowship Program.

“(Zoe Lamberson ‘12) has truly been a great asset ... and has gained practical experience from her short time in our office.” - Gregg Marx ‘79

>> would be the first of its kind, providing a unique post-graduate experience that would be tremendously valuable to the people involved that would continue and grow,” Michaels said. “We weren’t just trying to get a graduate a job at Nationwide.” Yet, the program has resulted in actual jobs. The inaugural group of graduates had a 100 percent job placement rate at the end of their fellowships, either with the same company or another legal employer that valued the rare experience the fellow received through the program. In announcing that Joel Lund ’11 had joined Vorys, Sater, Seymour, and Pease LLP, for example, the firm touted his legal fellowship experience with Fifth Third Bancorp in Cincinnati. Michaels explained that the fellowship program was a natural progression in the College’s efforts to develop more practical experience opportunities for students and graduates, such as the popular Capstone Courses taught by leading practitioners. Other law schools, including those consistently ranked in the top 10 and 25 nationally, have reached out to the College for assistance in developing

T H E O H I O S TAT E U N I V E R S I T Y

post-graduate programs similar to the Moritz Corporate Fellowship Program, he said. Following that success, other opportunities to apply the fellowship model presented themselves with the Wrongful Conviction Project at the Office of the Ohio Public Defender, in pro bono bankruptcy work with the U.S. District Court for the Southern District of Ohio, and the Fellowship Program in Public Service Law. “On the public interest side, there are a lot of people who want to encourage new lawyers to go into the field for worthy, altruistic reasons,” Michaels said. “The best way to encourage a new lawyer to go into a field is to give them a start.” The Reinberger Foundation invested in the College’s Fellowship Program in Public Service Law, providing funding for one post-graduate fellowship as a prosecutor and four internships for current students who would go to work in prosecution offices. Zoe Lamberson ’12, the first fellow, is expected to handle 100 to 200 cases during the course of her fellowship with the Fairfield County Prosecutor’s Office.

[ Reinventing the Clerkship ]

In her first three months, Lamberson assisted in drafting a brief to the Ohio Supreme Court, prepared presentations for visual aid in jury trials, completed discovery requests, conducted oral hearings for motions to suppress evidence, and conducted a civil hearing in municipal court regarding a dangerous dog designation appeal, which essentially was a minitrial. “She has truly been a great asset … and has gained practical experience from her short time in our office,” Prosecutor Gregg Marx ’79 wrote in an early evaluation of the program. “In my opinion, she will be able to provide quality assistance to a county prosecutor’s office. I believe she has a bright future as an assistant prosecutor.” Work with life-changing impact As media seized upon stories in which the Innocence Project exonerated wrongfully convicted people through DNA testing, Moritz alumni in Ohio diligently pursued appeals on behalf of those for whom DNA evidence does not exist. The Wrongful Conviction Project is the state’s first program to focus exclusively on wrongful conviction claims in non-life-sentence cases. Launched in 2009 by Kelly Schneider ’96, the program is run by the Office of the Ohio Public Defender for inmates whose cases meet seven criteria: • The inmate must be indigent. • The inmate claims factual innocence of the convictions. • The inmate did not contribute in any way to the commission of the offense. • The inmate is serving a lengthy prison sentence. • The inmate has no prior history of violent crimes or lengthy criminal record. • The basis for claimed innocence is not outcome-determinative as to DNA evidence. • The inmate has exhausted the legal process. Joe Bodenhamer, director of the Wrongful Conviction Project, explained that evidence commonly relied upon at trials – including eyewitness misidentification, invalid forensic evidence, false confessions, and incriminating statements – can be unreliable and lead to an innocent person’s incarceration. To date, there have been nearly 300 post-conviction exonerations in the United States, he said. “Flawed evidence is not unique to cases in which DNA contributes to exoneration — it is evidence commonly used in criminal cases. Thus, a need exists to examine cases in which DNA is not available >>

Rallying around a program Erin Moriarty ’77 was inspired by a story. She was reading SideBar, the monthly e-newsletter for alumni at The Ohio State University Moritz College of Law, and saw an article about Kelly Schneider ’96 and her work in creating the Wrongful Conviction Project at the Office of the Ohio Public Defender. It was the state’s first program accepting cases of convicted criminals who say they’re innocent but lack the DNA evidence to prove it. While a noble cause, the project lacked monetary support. Schneider and her colleagues had hoped to receive a grant from the Department of Justice, but it fell through. Schneider moved forward anyway. “I loved reading about Kelly because I do as many wrongfully accused stories I can get my hands on for work,” said Moriarty, a CBS News reporter and 48 Hours correspondent. Among the pieces Moriarty’s brought before a national audience was the case of the West Memphis Three, a story she covered for four years. A trio of teenagers were tried and convicted of the murders of three boys in West Memphis, Ark. during the 1990s despite lack of any physical evidence linking them to the crime scene. Forensic evidence uncovered in 2007 could not be attributed to the three defendants, eventually leading to their release. The case attracted the attention of national media and celebrities, from actor Johnny Depp to grunge rock icon Eddie Vedder of Pearl Jam. “There are far more cases where you’re not going to get the press and celebrities involved. I thought if I really believed strongly in this work, I better put my money where my mouth was,” Moriarty said. She met with Dean Alan C. Michaels to see if there was a seminar or clinic that could be held with current students who could assist Schneider. Michaels had a better idea: Why not create a fellowship to fund a Moritz graduate’s full-time attention to the work? Moriarty made a pledge to fund a fellow for at least the first three years of the project and tried to drum up support from other alumni. “I committed to this before we took pay cuts at CBS. But it should be a sacrifice. It should be hard,” Moriarty said. “What I didn’t realize was it would be harder to get my fellow alums involved. Maybe people don’t realize how frequently this happens, but we keep finding it’s more and more.” Moriarty has taken a personal interest in the fellows and their work. In a conversation from her office in New York City, she talked about the cases being pursued and the difficulty investigators have in finding new evidence when DNA doesn’t exist. As a woman in television journalism, Moriarty says she has lasted longer than most of her peers because of her Moritz education. She credits Ohio State for affording her the “perfect job,” covering stories tangled with legal complexities. “I wanted to give back in an area that has given so much to me. Maybe someone would get out of prison for it, and maybe young grads would get jobs. Who could argue with that?” she said. Moriarty hopes the Wrongful Conviction Project lasts more than three years, and she’s spreading the word about it to former classmates and friends whenever possible. “I’m scared it won’t go on after this, and it would be really great if more people

stepped up.” – Monica DeMeglio

Moritz College of Law | W I N T E R 2 0 1 3

[ Reinventing the Clerkship ]

“The Wrongful Conviction Project fellowship is enabling the building of a legal system that stands for the principles that justice must ultimately prevail and that the lives of individual citizens matter.” – Leon Sinoff ’10

T H E O H I O S TAT E U N I V E R S I T Y

>> to determine whether flawed evidence has resulted in wrongful convictions,” Bodenhamer said. Two Moritz graduates have had an opportunity to serve that need as fellows of the Wrongful Conviction Project thanks to a fellowship program created by Erin Moriarty ’77, a journalist with CBS News who has covered stories about innocent people locked in prison for crimes they did not commit. She hopes others contribute to the fund so that the work can continue. “I can find new evidence as a reporter, but someone has to file the motion to get the person out. These fellowships are crucial to get lawyers who not only know how to do appeals but know how to do them properly,” Moriarty said. Fellow Leon Sinoff ’10, for example, identified cases with challenges to the reliability of evidence, including arson science and shaken baby syndrome. His acquired knowledge of the medical challenges to the traditional theory of shaken baby syndrome allowed him to co-counsel a trial-level case with a senior public defender, Bodenhamer said. Sinoff identified the proper defense expert witness, fully participated in trial preparation, and cross-examined a state’s witness during trial. The defendant in that case was acquitted. While the fellowship provided Sinoff with the opportunity to invest himself in extremely meaningful work and further his understanding of criminal law, he also viewed the fellowship as a conduit for “tremendous positive change in Ohio … remedying life-altering errors one at a time.” Today, he works in the Ohio Public Defender’s legal division on appellate and post-conviction criminal matters. “The Wrongful Conviction Project fellowship is enabling the building of a legal system that stands for the principles that justice must ultimately prevail and that the lives of individual citizens matter,” he said. As an undergraduate at Ohio University, Joanna Feigenbaum ’11 became aware of the growing problem of wrongful convictions in her social sciences studies. She entered law school with hopes of helping those wrongfully incarcerated and contributing to systemic changes that would prevent innocent people from being convicted in the future. She is the longest-tenured member of the Wrongful Conviction Project, having started as a law clerk shortly after the program’s creation in 2009, Bodenhamer said. “The meritorious claims that she identified early on in her service now are the lead focus of the project,” he said. “One of these claims currently is being litigated for exoneration by her and a veteran OPD staff attorney.” Feigenbaum believes everyone should have an interest in strengthening the criminal justice system and taking steps to enhance accuracy and fairness throughout.

[ Reinventing the Clerkship ] “As a fellow with the Wrongful Conviction Project, I feel as though I am working toward that objective every day,” she said. “Further, I feel proud knowing that the work I do may result in grave injustices being corrected and innocent people being returned to their lives and families.” The fellowship also allowed Feigenbaum to practice law immediately upon passage of the Ohio Bar Exam. She has gained invaluable experience interacting with other attorneys, the courts, clients, and witnesses. “These experiences have enhanced my competency and confidence as a new attorney immensely,” she said. Bankruptcy program created Melissa Baker Linville ’11 was drawn to public interest law and had experience working for the Legal Aid Society of Columbus prior to graduating from law school. After graduation, she worked part-time for the Franklin County Public Defender’s Office and conducted legal research for solo practitioners. When a member of the Career Services Office at Moritz shared information about a new United States Bankruptcy Court Pro Bono Project Fellowship, Linville wasn’t sure it would be an exact fit. “I hadn’t taken any bankruptcy courses before,” she said, “but I really liked the idea of implementing a pro bono program and working closely with legal aid and attorneys interested in volunteering their services.” The three-part pro bono program received support from bankruptcy court judges in the U.S. District Court for the Southern District of Ohio. They saw an immense need for legal services in the wake of the economic recession and subsequent rise in joblessness. The program focuses on three areas: a Chapter 7 referral program for low-income clients; providing brief counsel to pro se debtors prior to their appearance at monthly hearings; and creating a training program for lawyers without bankruptcy experience to represent clients in adversary proceedings. With little experience in bankruptcy herself, Linville studied everything she could find on that area of law and attended proceedings with the Honorable John E. Hoffman Jr. “Judge Hoffman has been a great instructor in the ways of bankruptcy and has helped me to understand what bankruptcy procedure is all about,” Linville said. “I also shadowed different attorneys and trustees early on.” In its first six months, the Chapter 7 referral program recruited about 50 volunteer attorneys who began handling more than 100 client referrals from Southeastern Ohio Legal Services and the Legal Aid Society of Columbus. In August, Linville was thrilled to report that of the 20 cases filed already, 12 were discharged. She hoped to gain even more

“I really liked the idea of implementing a pro bono program and working closely with legal aid and attorneys interested in volunteering their services.” – Melissa Baker Linville ’11

ground in the fall, when students from Moritz and Capital University Law School would join the effort to guide clients in the process of collecting the overwhelming amount of documentation needed. “Hopefully it will save the attorney one meeting, and the students will gain experience with client interviewing,” Linville said. “In law school, I always liked any opportunity to do something real.” When her fellowship ends in February, Linville is confident that the experience will enable her to find work in more places. The new lawyer who lacked bankruptcy experience before is now more experienced in its nuances. “I definitely am interested in practicing bankruptcy law. I was only interested in public interest opportunities before and didn’t have experiences that translated to firms very well,” she said. “I’m excited to have a skill that I can relate to the public and private sectors.” AR

Moritz Corporate Fellowship Program expands What started as discussions with three general counsels of well-known companies has grown into a program with more than 20 corporate partners.

• Abercrombie & Fitch

• The Kroger Co.

• American Electric Power

• Medical Mutual of Ohio

• Angie’s List

• The National Retail Federation

• BroadStreet Capital Partners Inc.

• Nationwide

• Cardinal Health

• Procter & Gamble Co.

• DSW Inc.

• Progressive Insurance

• Dun & Bradstreet Inc. • Fifth Third Bancorp

• The Ohio State University Office of Legal Affairs

• Goodyear Tire & Rubber Co.

• The Scotts Company LLC

• Greif Inc.

• United Retirement Plan Consultants

• Huntington Bancshares Inc. • KeyBank

Moritz College of Law | W I N T E R 2 0 1 3

Alumni News

Big Risk,

Sweet Rewards John Lowe ’98 left GC post within General Electric to lead Jeni’s enterprise BY MONICA DEMEGLIO

n the office of John Lowe ’98, a stack of framed artwork is carefully bound in bubble wrap and leaning against a chalkboard wall filled with whimsical doodles of flowers and vines. The former is indicative of the fact that Lowe, CEO of Jeni’s Splendid Ice Creams, has found little time to unpack and redecorate since recently shifting offices within the company’s Grandview, Ohio headquarters. The doodles are remnants of the creative genius who used to inhabit the space: Jeni Britton Bauer. “Jeni and I are so different that it’s difficult to overstate,” said Lowe, sitting in the office that bears Britton Bauer’s creative spirit and tchotchkes of Lowe’s suit-and-tie past. “Jeni and I are the perfect yin and yang. There is almost nothing she does that overlaps with what I do, and vice versa.” Lowe’s energies since 2009 have focused on building upon the foundation Britton Bauer and her husband, Charly Bauer, created since opening a stall in The North Market in Columbus in 2002. In his first three years, the company has morphed into a brand recognized by shoppers in tony grocery stores on both coasts, by children slurping up scoops of Wildberry Lavender at one of its shops in Tennessee, and, perhaps most exciting to Lowe, at a retailer in Dubai. “We had to spend time getting the company’s finances in order and building a team that was capable of significant growth,” said Lowe. “During my first year, we got our feet wet trying to build the wholesale business.” The privately owned company that boasted $2.1 million in sales in 2008 is projected to hit $13 million this year – a growth rate increase of more than 500 percent. Retail stores have increased from four to 10, including a 2011 expansion to East Nashville, Tenn. Thanks to the wholesale business, which was

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Lowe’s highest priority upon joining the company, pints of Jeni’s Splendid Ice Creams grace the shelves in 672 grocery stores across the lower-48 today. “We are still tiny,” said Lowe. “There is a lot we could be doing better. But yes, we are having success. People are responding to Jeni and the ice creams.” Accolades for the company’s ice cream have rolled in from Food & Wine, The New York Times, The Boston Globe, Bon Appetit, the Food Network, and countless foodie bloggers. The company’s Lemon Frozen Yogurt was named recently named “Best Dessert” by the Specialty Food Retailers Association, and Britton Bauer received the James Beard Foundation Award for her New York Times bestseller, Jeni’s Splendid Ice Creams at Home. Among the pages of glowing product reviews the sales team keeps at their fingertips are links to the General Mills’ “The Munchies,” a people’s choice awards competition in which Jeni’s was named Best Ice Cream in America, a video Google made about Jeni’s as America’s Best Ice Cream, and a TIME article with a headline that dares to wonder: “Can the Best Ice Cream in America Be the Biggest?” It may just yet. “Jeni and I are incredibly different people, but we share one overriding characteristic: We are both ferociously competitive,” Lowe said. Lowe was a young attorney at Kegler, Brown, Hill, & Ritter who was trying to pay off his law school loans from The Ohio State University Moritz College of Law when he met Charly Bauer by chance at a Columbus pub one night. The two became close friends, with Bauer eventually storing his version of an engagement ring – an Italian tabletop ice-cream-maker – at Lowe’s apartment in the Short North. The couple later used the piece to make ice cream for Lowe’s rehearsal dinner the night before he >>

JODI MILLER

John Lowe ’98 joined Jeni’s Splendid Ice Creams in 2009. “Charly and Jeni were drinking buddies of mine about 15 years ago,” Lowe said, “and I set up the company for them in exchange for a pint of salty caramel ice cream and a beer.”

JODI MILLER

Alumni News

Jeni’s Splendid Ice Creams CEO John Lowe ’98 and Jeni Britton Bauer, the James Beard Foundation-winning chef behind the Jeni’s brand and recipes. “Jeni and I often think of each other as co-conspirators,” Lowe said. “Jeni and I are incredibly different people, but we share one overriding characteristic: We are both ferociously competitive.” (Jodi Miller/The Ohio State University Moritz College of Law)

Meet John Lowe

person in the room. But, almost always, I’m the best-prepared.”

Born and raised: Park Forest South (now called University Park) and Flossmoor, South of Chicago

Bit o’ wisdom he picked up at Moritz: Whether working at a law firm or for GE Aviation, Lowe learned being the “young, inexperienced one who didn’t know much” had its advantages. “It enabled me to soak up a whole lot. Professor (Douglas J.) Whaley used to say that as a young lawyer the only thing you bring to the table is the actual technical knowledge. The older, more-experienced people in the room have already forgotten that. All they have is experience. If you can supply the technical details, you’ll be invited back to the next meeting. I thought that was fabulous advice, even outside the practice of law.”

Education: University of Illinois at Urbana – Champaign, B.A. in political science; The Ohio State University Moritz College of Law, J.D. Family: He and his wife, Catherine Strauss, have three sons – Jack, 7; Alex, 4; and Luke, 2. Is your freezer well-stocked when you run an ice cream company? You bet. Lowe adds, “My wife tells me that we will stay happily married as long as we continue to produce Askinosie dark milk chocolate.” Outside of work: Lowe enjoys coaching his sons’ baseball and basketball teams. He draws upon lessons learned on the court on a daily basis. “My dad taught me at a really young age a simple rule: Don’t let anyone outhustle you. … I’ve never thought of myself as the smartest

>> wed a lawyer at a competing law firm, Catherine Strauss. “I set up the company for them in exchange for a pint of salty caramel ice cream and a beer,” Lowe said. “They were in no position to pay the law firm rates at the time. I was helping out my two drinking buddies who had a dream.” As his dear friends worked toward starting up an ice cream stand in The North Market, Lowe was steadily building upon his successes as a labor and employment attorney at Kegler Brown. He loved working at the Columbus firm, but when GE called, it was too good to pass up. At the time, GE consistently ranked as America’s Most Admired Company by Fortune Magazine, and its renowned law department was ranked as the World’s Best by Corporate Counsel magazine. “During the recruiting, they showed me the list of former company GCs who went on to run Fortune 500 companies. That seemed pretty far-fetched, until I was inside the company and got to be around the amazing brains and training GE provided. It was as fast-paced and competitive as any environment in the world,” Lowe recalled. “Looking back, I got to do amazing things because of GE.” After a year and a half at GE, he was named the general counsel for Unison Industries, a $500 million GE subsidiary based in Florida that makes high-tech electronics for jet engines. Lowe then went on to be counsel for global operations, a $14 billion P&L

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The transition from GE Aviation to a small business: The toughest part was adapting to a different culture where the team was comprised 100 percent of strong creative personalities. “As a manager at GE, you force-ranked your employees. You give the top 10 percent big pay raises. You give the middle swath

OK ones. You fire the bottom 10 percent. That high-performance culture was awesome. I loved it. But it’s not for every place,” he said. “We have an amazing team at Jeni’s. But it took me a bit to realize I needed to slow down a little bit and coach a little more after I arrived here.” Thoughts on outside money: The company, thus far, has shunned the classic business school model of inviting investors to the ice cream social. “We have given it a lot of thought. But I came from a world with a whole bunch of bosses, and it’s nice to not have any bosses. If we take outside money, I have to spend a lot of time on the phone talking with finance folks about what we’re doing. Bad things could happen. The quality of the ice cream could suffer. We could end up with people whose values are not quite aligned with ours. If we determine that a lack of capital is holding us back, and we find investors aligned with our values, we will take outside money. Until then, we are going to enjoy family-and-a-friendowned and -operated.”

Class Notes within GE Aviation, and then became general counsel for GE Aviation’s business and general aviation business. “GE does compliance and legal better than anybody, and they empower their general counsels. At Unison, I was parachuted into a sophisticated executive team. I was learning so much. It was like drinking from a fire hose. Over time, I found myself morphing almost entirely into business leadership and was simply acting as an interpreter between environmental lawyers and business lawyers and the business team. I loved the role,” Lowe said. “There was a highperformance mentality at the core of GE, and it was fun and thrilling. We got to do big things. … I learned so much at GE about leadership and running teams and being around great CEOs that it enabled me to think about roles outside of law.” While he considered that his trajectory might be like that of other GE general counsels who went on to head those Fortune 500 companies, Lowe was equally comfortable thinking that he could spend the next 30 years at GE. It was a career connected to a very sturdy trunk, and he was climbing near the top at a very young age. There were very few people with whom Lowe would have considered venturing out on the thinnest of limbs. “A handful of college buddies,” Lowe said, “and my old drinking buddies who happen to make the world’s finest ice cream.”

“Jeni and I are incredibly different people, but we share one overriding characteristic: We are both ferociously competitive.” “It was a bigger risk than I wanted to admit at the time because I wanted to do it so bad,” Lowe said of the couple inviting him to join the Jeni’s team in January 2009. “I loved GE. I loved everything I was able to do there and the opportunities. But these were two people I totally believed in and a product I truly thought was world-class.” He added: “I was able to take that risk because my wife was an accomplished lawyer. If Jeni’s didn’t work out, we could still pay the bills because my wife could go back to practicing law. My wife’s brains and abilities freed me up to give this a try.” He and Britton Bauer made a 20-year commitment to running the business together. In addition to growing the wholesale and retail business at Jeni’s, Lowe has allowed his creative side to come through in the development of Eat Well Distribution, an affiliate he created that buys dried goods and marshals the ice cream company’s distribution and marketing prowess to help other small food companies get on the shelves of specialty retailers. For the man who has had little time to decorate his office, there is one sign hanging up that gives a nod to the instincts that brought him here. It reads: “A ship in harbor is safe. But that’s not what ships are built for!” AR

1950s The Honorable David A. Katz ’57 was profiled in the September 2012 issue of The Federal Lawyer. The article shares a Henry David Thoreau quote Katz carries in his wallet, details about when his dreams of a career in law began, and other interesting points of his career. To read the full story, visit http://moritzlaw. osu.edu/alumni/sidebar/docs/ Katz.pdf.

1960s James R. Barton ’61 was honored at a luncheon in April by the Cincinnati Bar Association as its 2011 Volunteer Lawyer of the Year. Barton retired in 1992 after a 30-year career in the life insurance, mortgage and real estate industry with The Columbus Life Insurance Co., a subsidiary of Western & Southern Financial Group. In 2008, he became involved with the Volunteer Lawyers Project as a foreclosure defense attorney, accepting 17 foreclosure client referrals. For election news on William Batchelder ’67, see Page 87. Michael G. Long ’69, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Long’s practice focuses on bet-the-company and commercial litigation.

J. Jeffrey McNealey ’69, a partner at Porter Wright’s Columbus office, was recognized again by Chambers USA 2012, which refers to him as “Senior Statesman” of Ohio environmental lawyers, as a leading lawyer in his field of real estate zoning and land use. McNealey also has been named for many years in Best Lawyers in America and recognized by Ohio Super Lawyers. Jack R. Pigman ’69, a partner at Porter Wright, was recognized by Chambers USA 2012 as a leading lawyer in his field of bankruptcy and restructuring. Pigman works in the firm’s Columbus office. Thomas M. Tarpy ’69, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Tarpy’s practice focuses on employment and labor law.

1970s Charles C. Warner ’70, a partner at Porter Wright’s Columbus office, was recognized by Chambers USA 2012 as a leading lawyer in his field of labor and employment law. Warner also has been listed for his practice in Best Lawyers in America for more than 10 years and has been recognized by Ohio Super Lawyers.

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Class Notes Mary Ellen Fairfield ’72, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Fairfield’s practice focuses on all kinds of litigation: bet-thecompany, commercial, labor and employment, personal injury and product liability. Stephen Lloyd Smith ’72 was elected to serve a three-year term as the District 16 representative on the Board of Governors of the Ohio State Bar Association. District 16 includes 252 attorneys

practicing in a four-county area. Smith is a general practice attorney in New Bremen, Ohio. Curtis A. Loveland ’73, a partner at Porter Wright’s Columbus office, was recognized by Chambers USA 2012 as a leading lawyer in his field of corporate law and mergers and acquisitions. Douglas Mancino ’74 has been appointed as commissioner of the Los Angeles Historical Monument Authority, The commission oversees the world-famous Olvera Street in the heart of downtown L.A., five museums,

28 historical buildings, and hundreds of artifacts. Mancino, a partner at Hunton & Williams LLP, has represented health care and nonprofit organizations on tax, business, and financial matters for 35 years. Frederick L. Ransier III ’74, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Ransier’s practice focuses on bankruptcy, creditor debtor rights/insolvency, and reorganization law. Suzanne K. Richards ’74, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Richards' practice focuses on employment law, labor and employment litigation, and mediation. Louis E. Tosi ’74, a partner at the Toledo, Ohio firm of Shumaker, Loop & Kendrick, LLP, has been named a leader in the field of natural resources and the environment by the 2012 Chambers USA Guide to America’s Leading Business Lawyers. In addition to having extensive experience, Tosi is a past vice-chairman of the American Bar Association’s Natural Resources Section Air Quality Committee and former chairman of the Ohio State Bar Association’s Environmental Law Committee.

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For election news on Gary Tyack ’74 and Thomas M. Bernabei ’75, see Page 87. Terrence P. Kessler ’75 is the general counsel of the Sisters of Charity Health System. Kessler previously was a partner of Black, McCuskey, Souers & Arbaugh in Canton, Ohio. Terry M. Miller ’75, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Miller's practice focuses on commercial litigation. Alec Wightman ’75 has been selected to receive The Ohio State University’s 2012 John B. Gerlach Sr. Development Volunteer Award, which recognizes high-level involvement with development activities as a volunteer. Wightman is serving his second five-year term on The Ohio State University Moritz College of Law’s National Council and is a member of The James Foundation Board. His membership on the College’s $30 million Investing in Momentum campaign helped create additional student scholarships, endowed faculty positions, and programmatic enhancements. His leadership helped to build the Barrister Club, a $2.2 million events facility funded completely by alumni support. Additionally, he joined a small, select group of donors to establish the College’s Entrepreneurial Business Law Clinic.

Alumni Event

OSU VS. CAL TAILGATE

TODD CALLENTINE

The Ohio State University Moritz College of Lawâ&#x20AC;&#x2122;s tailgating season kicked off Sept. 15, 2012 at the Barrister Club before the Ohio State-Cal game, in which the Buckeyes continued their winning streak against the California Golden Bears with a 35-28 win. In addition to happy reunions with law school friends, the tailgate featured a delicious buffet with carving station, beer for the older set of fans, and crafts for the younger ones. Admission for this and all tailgates during the 2012 season was $15, with kids 12 and under free. Details for the 2013 tailgating season will be available soon. For more information, visit moritzlaw.osu.edu/tailgates.

Moritz College of Law | W I N T E R 2 0 1 3

Alumni News

Free to empower consumers Brain surgeries led alumna to start own company BY T.K. BRADY

BRYAN REGAN

Tiffany Smith ’09

T H E O H I O S TAT E U N I V E R S I T Y

it with a painful chronic medical condition that required three brain surgeries and unsure if big firm life was for her, Tiffany Smith ’09 did what anyone would do: She became her own boss. Working at a prominent law firm had been a personal goal for Smith. Get through law school, join a firm as an associate and work her way up the ladder — that was the path she planned to take. However, during her time at law school, Smith encountered a road block that she could never have anticipated. She was diagnosed with trigeminal neuralgia, a chronic pain condition that sends pain signals from a nerve in the face to the brain, ultimately forcing her to rethink her entire law career. After undergoing two sinus surgeries during her time at The Ohio State University Moritz College of Law, Smith took a job working for Akin Gump Strauss Hauer & Feld LLP in Washington, D.C. as an associate. While working for Akin Gump was a dream-come-true for Smith, her medical condition required two neurosurgeries and three intense brain surgeries — all within her first two years as an associate. The treatments forced her to take extended time off from work and made it difficult for her to serve clients to the best of her ability. “After a few years, I realized that my particular situation wasn’t really practical for a large-firm career path,”

Class Notes she said. “I decided it was time to figure out what I could do instead, given the unpredictable nature of my medical condition.” That’s when Smith met her business partner and cofounder of Alekto, Walter H. Pinson III. Alekto is a credit error prevention service located in Durham, N.C. The idea for the company started when Pinson, who was refinancing his mortgage, found a small debt on his credit report that he didn’t believe was accurate. To avoid a point on his mortgage rate and thousands of dollars in interest, he paid the debt and assumed the problem would be solved. Unfortunately, that was not the case. “A couple of years later mortgage rates went down and he went back to refinance and, lo and behold, what’s on his credit report but the same exact debt he had already paid,” Smith explained. Many consumers pay their bills and assume the creditors will update their credit reports to reflect those payments, however, that is not always the case, she said. Some research shows that as many as 25 percent of credit reports have errors that would materially affect the credit that consumer is extended, said Smith. Alekto has developed a patent-pending technology that will allow consumers to pay important bills to creditors while using Alekto’s system to ensure their credit report’s accurately updated, thus avoiding problems like Pinson’s. “Our innovative method and technology will really help consumers by solving a serious pain point, and that’s something that’s always been important to me — to give back and help other people,” she said. “Especially given the current economy, it’s more important than ever for consumers to be empowered. Consumers deserve accurate credit reports and credit scores, and shouldn’t have to settle for the status quo — which involves lengthy and often futile dispute processes as a result of improper reporting by creditors.”

“Our innovative method and technology will really help consumers by solving a serious pain point, and that’s something that’s always been important to me.” Alekto officially launched in Maryland in April, but after being given the opportunity to participate in a summer “incubator program” in Durham, Smith and Pinson decided to give the South a shot. “We thought going down to Durham for a limited time would be a great opportunity to see if we liked it enough to relocate and fully launch the business from North Carolina,” Smith said. >>

For election news on Peggy Lynn Bryant ’76, see Page 87. Jonathan M. Norman ’76, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Norman’s practice focuses on employment law, labor law, and litigation in those areas. For election news on John W. “Tim” Rudduck ’76, see Page 87. Robert W. Trafford ’77, a partner at Porter Wright, was recognized by Chambers USA 2012 as a leading lawyer in his field of general commercial litigation. Trafford is with the firm’s Columbus office. Dan A. Bailey ’78, a member of Bailey Cavalieri, LLC and co-author of Liability of Corporate Officers and Directors, accepted the Burton Award for Legal Achievement at a ceremony on June 11. The firm was the winner in the 2012 competition in the category of Best Law Firm Encyclopedic Handbook. The two-volume treatise, published by Lexis Nexis, addresses issues relating to claims against and protections for directors and officers of public, private, and nonprofit companies. Bailey is the chair of Bailey Cavalieri’s directors and officers liability practice group and a nationally recognized expert on director and officer responsibilities, liabilities, indemnification, and insurance.

Robert A. Meyer Jr. ’78, a partner at Porter Wright, was recognized by Chambers USA 2012 as a leading lawyer in his field of real estate zoning and land use. Meyer works in the firm’s Columbus office. Ray Persons ’78 has been selected to receive The Ohio State University’s 2012 John B. Gerlach Sr. Development Volunteer Award, which recognizes high-level involvement with development activities as a volunteer. Persons serves on the University’s Foundation Board and is a recent chair of The Ohio State University Moritz College of Law’s National Council, an advisory group for the dean that provides valued counsel on plans and programs at Moritz and assists the College with fundraising efforts. He and his wife, Wendy, endowed a merit scholarship named in honor of their children in the hopes they would be inspired by their parents’ example and continue to grow the scholarship through the next generation. Persons also returns to the College as a speaker and to provide peer guidance. Vicki Sproat ’78 has been named to the executive council of the Florida Bar Trial Lawyers Section, which provides a forum for discussion and exchange of ideas leading to the improvement of individual trial ability. Sproat is one of only seven attorneys in Florida with dual board certifications in labor and employment law and civil trial law and author of the Southwest Florida Employment Law Blog. Sproat is a stockholder of the law firm Henderson, Franklin, Starnes & Holt, P.A. in Fort Myers, Fla.

Moritz College of Law | W I N T E R 2 0 1 3

“Founding a startup business is extremely intense and very time-consuming, but the difference is that in a startup you’re the boss, you get a say in what’s going on, you’re making critical decisions, and you get to determine the overall strategy behind what you’re working on every day.”

>>The incubator program proved to be an extremely rewarding experience for Alekto. “When we came down (to Durham) we just really enjoyed the startup and technology community here. Durham is really trying to build a thriving startup scene here in the Southeast. The people are genuinely interested in what you’re doing and helping you succeed,” Smith said. During their time in the incubator program, Smith and Pinson applied for admission to a venture-backed startup accelerator called Triangle Startup Factory. After multiple rounds of callbacks, Alekto was ultimately one of only six companies to be selected to participate in the accelerator’s fall program. The accelerator gives each portfolio company a small amount of equity funding, provides access to successful entrepreneurs and feedback, and culminates with a Pitch Day in November during which Alekto will pitch its business to angel investors and venture capital funds in hopes of raising a full seed round of funding. “We were ecstatic about our acceptance into TSF and that made the decision to move to North Carolina an easy one,” Smith said. While Smith assumed starting a business would be easier than working at a large firm, she soon discovered that it’s no easy feat. “Founding a startup business is extremely intense and very time-consuming, but the difference (between a startup and law firm life) is that in a startup you’re the boss, you get a say in what’s going on, you’re making critical decisions, and you get to determine the overall strategy behind what you’re working on every day,” Smith said. Despite the intensity, Smith has come to find that being an entrepreneur is the right path for her unique background

T H E O H I O S TAT E U N I V E R S I T Y

and interests. “I don’t think many people realize how much legal work there is involved in starting a business. Especially because Alekto provides a financial service, there are many relevant legal issues. I’ve been learning so much since I’ve been doing this,” she said. Smith has been told by Pinson that having an attorney on staff as a co-founder has made the startup process run more smoothly and saved them a lot of money. “Attorneys are expensive, and although we use external counsel for certain projects, having an in-house attorney as one of the co-founders has been exceptionally useful in helping us both understand the strategic and legal implications of our decisions, and determining what’s best for both the business and what we’re trying to accomplish for consumers,” she said. Smith understands that her situation is unique, but she credits her time at The Ohio State University Moritz College of Law to helping her find a career path that was right for her. She explained that Moritz helped her to be open-minded about different occupations possible with a law degree and broadened her idea of what type of job an attorney “should be” doing. In fact, Moritz is still helping Smith. Last spring, Alekto became one of the first clients of the College’s new Entrepreneurial Business Law Clinic. “If you would have asked me a year ago, ‘Would you ever start your own business?’ I would have said, ‘Absolutely not.’ But luckily, my education from Moritz prepared me such that I’ve been able to adapt to my personal circumstances and use my legal training to become an entrepreneur,” said Smith. “I don’t think that would have been possible without the excellent law school education I received at Moritz.”AR

BRYAN REGAN

Alumni News

Class Notes David A. Swift ’78, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Swift’s practice focuses on trusts and estates. Ronald Kopp ’79, an administrative partner at Roetzel & Andress, was recently elected to serve as the District 11 representative on the Board of Governors of the Ohio State Bar Association for a three-year term on the budget and headquarters committee. Kopp currently works in Roetzel’s Akron and Cleveland offices practicing business litigation and commercial disputes. John M. Stephen ’79, a partner at Porter Wright’s Columbus office, was recognized by Chambers USA 2012 as a leading lawyer in his field of labor and employment law, and area which he also has been recognized for in the Best Lawyers in America and Ohio Super Lawyers. John P. Wellner ’79, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Wellner’s practice focuses on real estate law.

1980s Douglas G. Haynam ’80, a partner at the Toledo, Ohio firm of Shumaker, Loop & Kendrick, LLP, has been named a leader in the field of natural resources and the environment by the 2012 Chambers USA Guide to America’s Leading Business Lawyers. In addition to having extensive experience in that area of law, Haynam has served as chairman of the Ohio State Bar Association’s Environmental Law Committee and is a member of the National Resources Law and Litigation sections of the American Bar Association. Chris J. North ’80, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. North’s practice focuses on labor and employment law. Carl D. Smallwood ’80, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Smallwood’s practice focuses on appellate, commercial litigation, mass tort litigation/class actions, and workers’ compensation law. Linda R. Mendel ’81, of counsel with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Mendel’s practice focuses on employee benefits (ERISA) law.

Daniel J. Minor ’81, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Minor’s practice focuses on workers’ compensation law. Richard D. Schuster ’81, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Schuster’s practice focuses on commercial litigation. James P. Botti ’82, a partner at Porter Wright, was recognized by Chambers USA 2012 as a leading lawyer in his field of bankruptcy/restructuring. Botti works in the firm’s Columbus office. Lynette ChappellWilliams ’82, Cornell University’s Associate Vice President for Inclusion and Workforce Diversity, received the 2011 Chris C. Kjeldsen Work Life Legacy Award from the Families and Work Institute. Benita A. Kahn ’82, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Kahn’s practice focuses on energy law.

Richard Mancino ’82, a partner with Willkie Farr & Gallagher LLP in New York City, contributed to his firm’s selection by Law360 as “Pro Bono Firm of 2012.” Law360 singled out two of Mancino’s pro bono cases for special recognition. In Favors v. Cuomo, a three-judge federal court panel granted judgment for Willkie’s clients, agreeing to redraw New York’s congressional districts by following neutral redistricting principles that did not favor incumbents. In the other, Mancino led a pro bono team’s submission of an amicus brief on behalf of the National Center for Science Education in Ohio’s Knox County Fifth Appellate District Court of Appeals. The case, Freshwater v. Mount Vernon School District Board of Education, raised issues concerning the inappropriate teaching of Creationism by a public high school science teacher. The case is now before the Ohio Supreme Court. Thomas E. Szykowny ’82, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Szykowny’s practice focuses on insurance law. Jeff Leonard ’83 has rejoined the business services group at Roetzel & Andress as partner. He worked at the firm from 2001 through 2009 before starting his own firm, the Leonard Legal Group Co. LPA. Leonard will work out of Roetzel & Andress’ Akron and Cleveland offices.

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Alumni Event REUNION WEEKEND 2012

JODI MILLER

Hundreds of Moritz alumni returned to Columbus Oct. 5-7 to reminisce and celebrate Ohio State’s homecoming victory over Nebraska. This year, the classes of 1962, 1967, 1972, 1977, 1982, 1987, 1992, 1997, 2002, and 2007 gathered. During the All-Class Dinner & Awards Ceremony on Friday night, the following were honored: Erin Moriarty ’77, receiving the 2012 Distinguished Alumna Award; the Honorable Herman J. Weber ’52, receiving the 2012 Distinguished Jurist Award; Gregory J. Vincent ’87, receiving the 2012 Community Service Award; Thomas Mlakar ’92, receiving the 2012 Public Service Award; and Andrew Weaver ’02 and Jessica Weaver ’03, receiving the 2012 Outstanding Recent Alumni Award. Reunion Class Chairs contributed to the weekend’s success and a fundraising competition between the classes. Special thanks are extended to Ben Zox ’62, Ken Bravo ’67, Jim Cooper ’72, Stephen Chappelear ’77, Tom Szykowny ’82, Suzy Kramer Lucci ’82, Judge Dan Shaban ’82, Jenifer Bernard Rasor ’87, Kim Shumate ’92, David Bloomfield Jr. ’97, Anthony Sharett ’02, and Kacey Chappelear ’07.

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Class Notes For election news on Stephen L. McIntosh ’83, see Page 87. Patricia A. Shlonsky ’84, a partner in the Cleveland office of Ulmer & Berne LLP, has been appointed to the board of directors of The Center for Community Solutions. Established in 1913, the center provides strategic leadership to improve targeted health and social conditions through policy and system reform. Shlonsky is a member of her firm’s management committee and chairs its tax practice. Elizabeth T. Smith ’84, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peerreview survey. Smith’s practice focuses on personal injury litigation. Douglas Currier ’85 recently was selected by his peers for inclusion in the 2013 Best Lawyers in America in the categories of employment law management, immigration law, labor law management, and labor and employment litigation. He also was recognized as a leading lawyer in the field of labor and employment law by London-based Chambers & Partners. Currier is a partner in the Portland, Maine office of Verrill Dana, LLP. Webb I. Vorys ’85, a partner with the Columbus office of Vorys, Sater, Seymour

and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Vorys’ practice focuses on corporate law. Steve Hulsman ’86 has been listed in the 2009-2012 editions of Southwest Super Lawyers in the personal injury plaintiff general category, while also being named to the 2012 Top 50 Lawyers in Arizona. Additionally, he has been listed in the 2008-2012 editions of the Best Lawyers in America in the personal injury litigation category. He is a partner at Lewis and Roca LLP, and part of the firm’s class action, personal injury/wrongful death, insurance litigation, and product liability groups. Brian Casey ’87 has been elected to serve as secretary of the Life Insurance Settlement Association, the oldest and largest trade organization in the life settlement market, representing more than 100 member firms. Casey has served on the association’s board of directors since 2002 and will serve a two-year term as secretary. Casey, a partner at Locke Lord Bissell & Liddell LLP, is co-chair of the firm’s regulatory and transactional insurance practice group and is a member of the firm’s corporate, capital markets, and health care practice groups. All rise | Spring 2 012

All Rise

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INSIDE

Fracking raises legal question s Nev. Gov. Brian Sandoval ’89 Exit Interview s– Six grads share their plans

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Class Notes Andrew Folkerth ’87 is a partner at the Denver firm Holland & Hart LLP. He counsels clients on real estate, commercial, and development loan matters, including loan originations, modifications, workouts, receiverships, and foreclosures. For election news on Elizabeth Lee Gill ’87, see Page 87. Randall D. LaTour ’87, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. LaTour’s practice focuses on bankruptcy and related issues. Douglas R. Matthews ’87, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Matthews’ practice focuses on commercial litigation and employment law. David A. Scott ’87 has been elected to a third consecutive one-year term as vice president of the Sierra Club’s national board of directors. In April, Scott, a Columbus attorney, was elected to a second three-year term on the environmental organization’s national board, finishing second out of nine candidates in voting by the Sierra Club’s members. Founded in 1892, the Sierra Club has more than 1.4 million members and supporters.

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Mark E. Vannatta ’87, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Vannatta’s practice focuses on nonprofit/charities law, tax law, and trusts and estates. Philip F. Downey ’88, a partner with the Akron office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Downey’s practice focuses on bet-the-company and commercial litigation. William J. Pohlman ’88, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Pohlman’s practice focuses on commercial litigation and insurance law. Richard J. Helmreich ’89, a partner at Porter Wright, was recognized by Chambers USA 2012 as a leading lawyer in his field of employee benefits and executive compensation. Helmreich works in the firm’s Columbus office and serves as chair of the employee benefits practice group. John L. Landolfi ’89, a partner with the Columbus office of Vorys, Sater, Seymour

and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Landolfi’s practice focuses on commercial litigation.

was included in the June 2012 issues of The American Lawyer and Corporate Counsel magazines. Wright is the practice group leader of Roetzel’s transportation law group.

Kristin L. Watt ’89, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Watt’s practice focuses on environmental law and litigation.

Theodore P. Mattis ’91, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Mattis’ practice focuses on commercial litigation and workers’ compensation law.

1990s Marc Booker ’90 has accepted the position of detention specialist with the Commonwealth of Virginia Department of Juvenile Justice. For election news on Vincent A. Culotta ’90 and Frank Janik ’90, see Page 87. Paul M. Nick ’90 was awarded the 2012 Lori Eiler Award for Mock Trial Coaching Excellence on Sept. 24, 2012 by the board of trustees of the Ohio Center for Law-Related Education (OCLRE). The center sponsors the Ohio High School Mock Trial competition, where more than 300 Ohio high schools compete annually. Nick, the executive director of the Ohio Ethics Commission, has coached Worthington City Schools teams since 1996. Bradley A. Wright ’90, partner-incharge of the Akron office of Roetzel & Andress, has been selected as a 2012 Top-Rated Lawyer in Transportation Law by ALM and

The Rev. Daryl Winston ’91 was selected for 2012 PA Super Lawyers, chosen by their peers and among a group representing only 5 percent of the practicing attorneys in Pennsylvania. Winston has a thriving practice in Pennsylvania and New Jersey that includes business litigation, employment matters, and catastrophic injury cases. In August 2012, Winston also became an ordained minister for a prominent New Jersey church. Robert A. Harris ’92, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Harris’ practice focuses on employment law.

Alumni Event ORIENTATION 2012

BARBARA PECK AND MONICA T. DEMEGLIO

The annual barbecue for incoming 1Ls at The Ohio State University Moritz College of Law took place on the front lawn of Drinko Hall on Wednesday, Aug. 15, 2012. Students chatted with professors about the upcoming year while noshing on hamburgers, hot dogs, potato salad, and sweets.

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John Barron ’01

Going all in John Barron ’01 a high-roller in Ohio casinos BY BARBARA PECK

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TODD CALLENTINE

Alumni News

Class Notes

rom the pit bosses to the winning percentage on the slots, John Barron ’01 knows every casino in the Ohio like the back of his hand. He can tell you about the type of felt used on the roulette tables and knows every passage, back staircase, and security camera. He knows the procedures that are followed when you hit it big — and those if you try to cheat the house. But, he’s never placed a bet. Nor will he anytime soon. He is the deputy executive director and general counsel for the Ohio Casino Control Commission (OCCC). When Barron started in the position just over a year ago, the agency was new and tasked with implementing the legislation that allowed casinos to open in the state for the first time. “I joke a lot now about my first day on the job,” Barron said. “It was basically an empty floor with two people. No computers, no copiers, no email, no coffee. … I answered the phones. We didn’t even know where to pick up the mail. It was a bit overwhelming coming from the Ohio Senate, which has decades of resources at its fingertips.” Since that time, Barron has helped build the agency from the ground up. He has written and implemented more than 200 new casino regulations, which oversee everything from who can be hired in gaming positions to the type of dice used by the house, licensing requirements, security, the transfer of money, and advertising. “We can look at other states for guidance, but at the end of the day, this is Ohio – our law, our constitution, and our culture are different than, say, New Jersey,” Barron said. “There really wasn’t any magic solution for getting this done. We had to learn on the job, and we did a lot of research and homework.”

“I joke a lot now about my first day on the job. It was basically an empty floor with two people. No computers, no copiers, no email, no coffee.” Following the regulations drafted by Barron, casinos are now open in Cleveland, Toledo, and Columbus. As a law enforcement agency, OCCC employees, including Barron, can flash a badge and gain access to any part of any casino. When they do, it is a safe bet that all eyes are on them as they walk the floor and the underbelly of the casino operations. But, Barron and other OCCC employees are not allowed to step foot in any Ohio casino, or any casino owned by an Ohio casino operator, unless on official business. While Barron did not have any previous gaming experience, he did have a decade of experience working in public service for the state of Ohio. For nearly four years before >>

The Rev. Bob Abrams ’93 has been ordained as a pastor in the Evangelical Lutheran Church in America and called to serve the Resurrection Evangelical Lutheran Church in Hilliard, Ohio. Michael A. Womack ’93 is the senior vice president of human resources and customer satisfaction at AutoZone Inc. He also will serve on the company’s executive committee. Prior to joining AutoZone, he worked at Cintas Corp., where he was vice president of human resources. For election news on Peter Stautberg ’93 and Marie Corazon Moraleja Hoover ’94, see Page 87. John P. Maxwell ’94 was elected to the board of directors of the Tuscarawas County Community Foundation, a community endowment fund that accepts bequests and monetary donations of any size. Maxwell is a director of the New Philadelphia, Ohio law firm Krugliak, Wilkins, Griffiths, & Dougherty Co., LPA. For election news on Elizabeth Welch Lykins ’95 and Christopher Berhalter ’96, see Page 87. Latonya Dilligard Edwards ’96 is pleased to announce the formation of her law practice, Dilligard Edwards, LLC, in Columbia, S.C. To learn more about the firm, visit www.dilligardedwards.com.

David Groshoff ’96 published three law review articles early this year on corporate finance, the so-called reparative “therapy” for GLBT youth, and applying recent Second Amendment jurisprudence to deter school bullying. Following these articles, Western State University College of Law in Orange County, Calif. promoted Groshoff to associate professor of law and director of the Business Law Center. Timothy Lambrecht ’96 has joined Brown & Palumbo, PLLC in Syracuse, New York as co-chair of the firm’s litigation group. His practice includes environmental, commercial, and federal civil litigation. As a former federal law clerk, he often acts as local counsel for firms with matters pending in the northern and western districts of New York. Amanda Masters ’96 has been appointed deputy executive director of the City of New York Board of Correction, an agency with oversight of all New York City jails. Masters also had a baby, Erin Claire Masters, on Nov. 17, 2011. Jill S. Tangeman ’96, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Tangeman’s practice focuses on land use and zoning law.

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Alumni News >> joining OCCC, he was the Senate majority legal counsel in the Ohio Statehouse, where he played a significant role in drafting the casino legislation. “For the casino legislation, the Ohio House and Ohio Senate drafted different versions that had to be merged together,” Barron said. At the time the legislation was passed, the Ohio’s legislative bodies were controlled by different parties. “There were similarities to the bills, but we had to get together and make some compromises. It really was a true bipartisan effort.” While working for the Ohio Senate, Barron often staffed both judiciary committees and a general government oversight

“One of the great things for a young attorney working in state government is you have so much responsibility early in your career.” committee. However, when any bill was going to the floor, he could be asked a question by a member. “It is hard to describe a typical day in the Ohio Senate,” Barron said. “If there was testimony going on, there might be questions for legal counsel. It was common for a member to say, ‘Hey John, is this 500-page bill constitutional? Are there any legal problems?’ It is all issue-spotting. I really learned to think on my feet. Also, the longer you are there, the more you learn to anticipate these problems and get ahead of them by meeting with both sides of the issue up front. You’re not doing your job as legal counsel if you don’t tell an elected official that the law, as drafted, doesn’t work.” Barron’s career started when an internship he secured his

Meet John Barron

third year of law school turned into a full-time position with the Ohio Attorney General. He worked for several sections, including the chief counsel section and provided legal advice to statewide elected officials, including answering many constitutional, ethics, labor, and contracting questions. “One of the great things for a young attorney working in state government is you have so much responsibility early in your career,” Barron said. “There are also not a lot of places where you get to practice constitutional law.” After a quick stop in the state auditor’s office, Barron accepted the position of deputy legal counsel for Ohio Gov. Bob Taft. “As a young attorney, learning to be ready to answer any legal question the governor or his advisors might ask can be intimidating,” Barron said. “There is such a wide variety of questions. I had to learn quickly to be able to give the answer – and make sure it is the right answer. If I didn’t know, I had to say that and go find out the answer. You don’t always have the opportunity to go back and research for three or four hours. If you are in a meeting, and the governor wants to know the answer to a question, you need to be ready.” Barron left the governor’s office for the Ohio Department of Development where he was the chief legal counsel and focused on encouraging business to come to Ohio or stay through tax incentives and grant programs. He worked with Ohio’s Third Frontier Program and collaborated with other state agencies. He spent a year at the Delaware County development office before heading to the Ohio Senate. “Law school really did teach me to think, and to think on my feet,” Barron said. “With the Socratic method, you are sort of shocked when a professor calls on you and is trying to get you further and further out on that branch. Being taught how to respond to that type of questioning has served me well in being able to communicate effectively with the elected and appointed officials whom I have represented.” AR

Hometown: “Air Force brat.” Perfect Saturday: “Sleeping in, going to a Buckeyes game, coming home, and relaxing with the family.” Dream elected position: “Appellate judge.” Mentoring: “As a young attorney, I benefited tremendously from mentoring. Now I try to make sure I do the same whether it is with the Legislation Clinic students at Moritz or by having legal interns. I like exposing students to a career in state government.” NCAA sanctions on the Buckeyes: “Seems pretty harsh for some kids selling some

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memorabilia. I understand the technical violation of the rules, but with everything that is going on in college football, the punishment seemed a bit harsh.” Best book read in the last five years: “Tough one. First, you have to understand that I often read 500 pages or so at work so when I do read books, it is just for fun. I like legal fiction and have read a lot by author Lee Child.” Best part of the day: “Easy. I have a beautiful wife and three daddy’s girls – ages 6, 4, and 2. When I walk in the door, they squeal and are so excited to see me. That makes it easy to forget about everything else.”

Class Notes Marc S. Blubaugh ’97 was elected first vice president of the Transportation Lawyers Association. His one-year term became effective May 2012, and his duties include serving as editor of the association’s legal journal, The Transportation Lawyer. Blubaugh is a partner in the litigation practice group and co-chair of transportation and logistics practice group at Benesch, Friedlander, Coplan & Aronoff LLP in Columbus. Matt Mayer ’97 has published his second book, Taxpayers Don’t Stand a Chance: Why Battleground Ohio Loses No Matter Who Wins (and What to Do About It), which came out on July 2 and is available on Amazon. com. Mayer focused his text on Ohio as an election battleground. Deborah Glasgow Monaco ’97 opened ScanWorks LLC in 2012, a business than scans and archives records for Ohio businesses and governmental agencies. To learn more about ScanWorks, go to www.scanworksllc.com. For election news on Stephanie Dodd ’98, see Page 87. Jennifer Blaser ’99 has been named managing partner of the Columbus office of Peck, Shaffer & Williams LLP. With 10 attorneys, the Columbus office is the second-largest of the firm’s six. Blaser has more than a decade’s worth of experience in public finance law, and works with cities, counties, townships, and school districts throughout Ohio to finance their capital projects. She is the chair of the firm’s tax-exempt securities group. Craig Byrnes ’99 was named a Super Lawyer for 2013 by Los Angeles Lawyer Magazine, an

honor accorded to only 5 percent of attorneys statewide. This is his fourth year with the designation. Byrnes is a sole proprietor based in Los Angeles. Michael Kass ’99 has been selected to be included in the 2013 edition of The Best Lawyers in America for his work in the practice area of Employment Law - Management. Anthony D. Weis ’99, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Weis’ practice focuses on mergers and acquisitions law.

2000s Suzanne Duddy ’00 and Patrick Butler ’00 welcomed their son Benjamin Edward Butler on Aug. 28, 2012. Suzanne and Pat live in Alexandria, Va. and are also proud parents to big brother Sam. Suzanne recently was promoted to assistant general counsel at the Financial Industry Regulatory Authority (FINRA), in Washington, D.C. Pat is an Army Judge Advocate General (JAG) and major and serves as chief of the contract law division for the National Guard Bureau in Arlington, Va. Maria Limbert Markakis ’00 recently joined Day Ketterer Ltd. at the firm’s Hudson, Ohio office where she will be serving as chair of its education law practice group. Prior to joining Day Ketterer, Markakis worked as a partner at Eastman & Smith Ltd.

Judith L. Marsh ’00, a partner with the Columbus office of Vorys, Sater, Seymour and Pease LLP, was included in the 2013 Best Lawyers in America List, which entails an exhaustive peer-review survey. Marsh’s practice focuses on banking and finance law and franchise law. For election news on John P. Carney ’01 and Aaron D. Ford ’01, see Page 87. Suzana Krstevski Koch ’01 received an “AV” Preeminent MartindaleHubbell Peer Review Rating, which recognizes her high professional ethics and preeminent legal ability. Koch is a partner in the commercial and bankruptcy practice group in the Akron office of Brouse McDowell. David J. Lindner ’01 has been promoted to partner with the law firm Buckingham, Doolittle & Burroughs, LLP in Cleveland. He is a member of the firm’s real estate and construction law and business law practice groups. He and his wife, Maureen, have two children, and Lindner serves on the board of the Northern Ohio Hemophilia Foundation. Tracy Stott Pyles ’01 was elevated to shareholder at Littler Mendelson, P.C., the nation’s largest employment and labor law firm representing management. A member of Littler’s wage and hour, traditional labor law, and class actions practice groups, Pyles is a regular

author and speaker on labor and employment issues, and is an author of the firm’s Wage and Hour Practice Counsel blog. Adria M. Tippins-Owens ’01 has been selected for a yearlong detail, commencing July 2, as a member of the minority congressional committee staff and advisor to United States Congressmen, responsible for aiding and advising members on issues across the federal government for the Government Oversight and Reform Committee. Those who work for the committee also provide drafting assistance and policy analysis for various federal agencies with emphasis maritime, surface transportation, and security legislative initiatives and key committee oversight. For election news on Matthew Crall ’02, see Page 87. Abby Dritz ’02 joined WellCare Health Plans Inc. as corporate counsel. WellCare provides managed care services targeted exclusively to government-sponsored health care programs focused on Medicaid and Medicare. Nicole J. Gray ’02 has become a partner with McDonald Hopkins in Cleveland. Gray counsels employers on day-today human resource matters to ensure compliance with complex issues arising from federal and state employment laws. Margaret “Meg” Johnson ’02 and Andrew Johnson welcomed a baby boy, Oliver Danner, in January 2012. Oliver, his older sister, Nora, and his family reside in Holliston, Mass.

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Class Notes Bill Shaklee ’02 and his wife, Laura, welcomed their daughter Kendall Rose Shaklee on Jan. 15. Shaklee works as a senior attorney at the Eaton Corp., where he specializes in environmental, health, and safety.

Martin Lively ’03 has left the practice of law after seven years of small-town general practice litigation, including running his own firm. He has returned to his hometown of Miami, Okla. to care for his grandparents and find a new career. For the first time in years, his smile is genuine.

Ryan P. Sherman ’02, a partner at Porter Wright, was recognized by Chambers USA 2012 as a leading lawyer in his field of general commercial litigation. Sherman works in the firm’s Columbus office.

Jennifer R. (Fuller) Asbrock ’04 was married to Nicholas S. Asbrock of West Chester, Ohio, on Nov. 19, 2011. Asbrock works as an associate practicing management-side labor and employment law at the Dayton, Ohio, office of Thompson Hine LLP. The Asbrocks were expecting their first child, a baby girl, in late-October.

Kate Tournoux ’02 and her husband, Jeff Massey, welcomed their son, Lucas Austin, into their family on May 9. Kate and Jeff live in Germantown, Tenn. and are also the proud parents of big brother, Alex. Tournoux works as senior counsel for International Paper Co., where she focuses on environmental litigation.

Alumni, students, faculty, and staff came together on Aug. 16, 2012 to celebrate the opening of the new Dinsmore & Shohl Student Commons.

Chris Geidner ’05 is the senior political reporter for the website BuzzFeed, covering political and legal topics surrounding GLBT and marriage issues. He most recently was a reporter for Metro Weekly and tied for the Outstanding Magazine Article award at the 23rd Annual Gay and Lesbian Alliance Against Defamation (GLAAD) Media Awards in March 2012. Natalie Hostacky Stevens ’05 joined the Cleveland office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where she represents employers in all areas of employment law. TODD CALLENTINE

Aimee L. Kaplan ’03 was named a New York Super Lawyers “Rising Star - Metro Edition” in 2012. Kaplan is an associate at Collard & Roe, P.C. in Roslyn, New York where she focuses on trademark prosecution. She is an adjunct professor at St. John’s University College of Law, a member of the bulletin committee for the International Trademark Association (INTA) and serves on the board of directors for the Nassau County Bar Association. Kaplan married Justin Wright in August 2011.

DINSMORE & SHOHL STUDENT COMMONS

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Alumni Event

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Class Notes Nicole VanderDoes ’05 joined the American Bar Association as a staff attorney, working primarily with the Standing Committee on Judicial Independence to which she was previously a liaison from the ABA Young Lawyers Division. VanderDoes is enjoying life in Chicago and serving the ABA full time. Megan E. Bailey ’06 recently was promoted to senior associate status at Porter Wright. Bailey works with companies to resolve business disputes through litigation and alternative dispute resolution mechanisms. Benton Bodamer ’06, a senior corporate associate at Weil, Gotshal & Manges’ Boston office, has been accepted into the Boston Bar Association’s (BBA) 2012-13 Public Interest Leadership Program. This highly selective program targets participants who stand out as emerging leaders with a commitment to serving in the public’s interest. Bodamer is one of only 14 members selected by the BBA for this program. The 14-month program requires 150 hours from its members, and involves meeting local community leaders and participating in public service activities that benefit the community. At Weil, Bodamer represents public and private companies and financial sponsors involved in cross-border mergers and acquisitions, minority investments, divestitures, and restructurings. Committed to serving the community, Bodamer belongs to both Weil’s global and Boston pro

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bono committees and serves as the current co-chair of the BBA’s Pro Bono Committee for the Business Transactions Section. Wesley Duncan ’06 has joined the Law Offices of Lee A. Drizin, Chtd. in Las Vegas, where he practices in the areas of civil litigation, estate planning, guardianship, elder law, and real estate. Prior to joining the firm, he served in the United States Air Force as an active duty Judge Advocate and, later, a Judge Advocate General (JAG). See his recent election news on Page 87 as well. Ursula Barrera-Richards ’07 and her husband, Jimmy, welcomed Josefina B. Richards into the world on April 21, 2011. Barrera-Richards also joined the Lucas County Auditor’s Office in September 2011 as the human resources and labor director. Ritu Singh ’07 has been promoted to senior associate at Frost Brown Todd LLC. Singh, who works in the firm’s Cincinnati office, focuses on patent prosecution and application drafting in a variety of arts, including mechanical, electrical, software, and biomedical. For election news on Michael Stinziano ’07, see Page 87. Jennifer Storipan ’07 left the private practice of law and relocated to Harrisburg, Penn., to work on President Barack Obama’s reelection campaign. She was the field organizer for Dauphin County, the Capital Region of Pennsylvania. For election news on Kathleen Clyde ’08, see Page 87.

Ryan Muennich ’08 recently won a precedential opinion in the Third Circuit Court of Appeals, allowing aliens to apply for waivers of criminal convictions even when they are already lawful permanent residents, so long as they never entered the United States as a permanent resident. Muennich is an immigration law attorney and founding partner of the firm Muennich & Bussard, LLP in New York City. Stephen S. Schmidt ’08 joined the Cincinnati office of Roetzel & Andress as an associate attorney. He focuses his practice primarily on business and commercial litigation. He also has significant experience with creditors’ rights litigation and has represented a wide variety of financial services industry clients in both consumer and commercial disputes. Nouvelle L. Gonzalo ’09 has developed a mobile application designed to help lawyers take their offices – case files, research, documents to draft, rules, and more – with them. The Mobile Lawyer Toolkit was released by Apple in September 2012 and is compatible the iPhone, iTouch, and iPad. To check out the app, visit www.themobilelawyertoolkit.com.

Rachel C. Laing ’09 and her husband, Nathan, welcomed their son, William Mark, on May 1. The couple also has a 7-year-old son, John Laing, and 2-year-old daughter, Sylvia Laing. Rachel Laing has been an assistant prosecuting attorney with the Delaware County Prosecutor’s Office since 2009. Billy Means ’09 joined Chicagobased Nuveen Investments as vice president and assistant general counsel. Haley A. Debevec ’10 has joined the Cleveland firm Hurtuk & Daroff Co., LLP as an associate. She previously was an attorney in the risk management group of a real estate investment company in Columbus, Ohio. Priya D. Tamilarasan ’10 has joined Meranda Law Firm LTD, where she focuses on serving clients who are dealing with domestic and criminal legal issues. Tamilarasan worked with the Franklin County Public Defender for two years prior to joining Meranda, which has offices in Columbus and Newark, Ohio. For election news on Brian Stewart ’11, see Page 87.

Catch up on what’s new with classmates all year long. See class notes by year at moritzlaw.osu.edu/alumni/notes.

Alumni News

Election Day brings victories for many Moritz alumni Alumni from The Ohio State University Moritz College of Law were campaigning this fall for elected positions ranging from school boards in Michigan to the U.S. House of Representatives. Here is how they fared on Election Day, according to unofficial results. • William Batchelder ’67, speaker of

• Wesley Duncan ’06, a Republican,

the Ohio House of Representatives

was elected to the Nevada State

and a Republican, was the victor in

Assembly for the 37th District, with

the contest for state representative

51 percent of the vote.

for the 69th District, with 60 percent of the vote. • Peter Stautberg ’93, a Republican, was re-elected as Ohio state representative for the 27th District, with 67 percent of the vote. • John P. Carney ’01, a Democrat, won in the race for Ohio state representative for the 22nd District, garnering 67 percent of the vote. • Michael Stinziano ’07, a Democrat, was victorious in his quest for Ohio state representative for the 18th District, capturing 73 percent of the vote. • Kathleen Clyde ’08, a Democrat, won in the race for Ohio state

• Stephanie Dodd ’98, a Democrat, was successful in her bid for Ohio State Board of Education District 9, with 60 percent of the vote. • Matthew Crall ’02, a Republican, was successful in his bid for Crawford County Prosecutor, with 65 percent of the vote. • Brian Stewart ’11, a Republican, was victorious in the race for Pickaway County Commissioner, with 45 percent of the vote. • Christopher Berhalter ’96, a Republican, ran uncontested for Belmont County Prosecutor. • Thomas M. Bernabei ’75, a Democrat,

representative for the 75th District,

ran uncontested for Stark County

with 60 percent of the vote.

Commissioner.

• Aaron D. Ford '01, a Democrat, was

• Frank Janik ’90, a Democrat, won in

elected to the Nevada State Senate

the race for Lorain County Court of

for the 11th District, with 62 percent

Common Pleas, capturing 58 percent

of the vote.

• Elizabeth Welch Lykins ’95 was elected to the East Grand Rapids School Board in Michigan, with 29 percent of the vote. • Gary Tyack ’74, a Democrat, ran uncontested for Ohio 10th District Court of Appeals. • Peggy Lynn Bryant ’76, a Democrat, ran uncontested for Ohio 10th District Court of Appeals. • John W. “Tim” Rudduck ’76, a Republican, ran uncontested for Clinton County Court of Common Pleas, General and Domestic Relations Division. • Stephen L. McIntosh ’83 ran uncontested for Franklin County Court of Common Pleas, General Division. • Elizabeth Lee Gill ’87 ran uncontested for Franklin County Court of Common Pleas, Domestic Relations and Juvenile Divisions. • Vincent A. Culotta ’90 ran uncontested for Lake County Court of Common Pleas, General Division. • Marie Corazon Moraleja Hoover ’94, a nonpartisan, won in the race for Ohio Fourth District Court of Appeals, with 54 percent of the vote.

Others were not as successful in their bids for office. They include: •

Ohio Supreme Court Justice Yvette McGee Brown ’85, a Democrat

•

Bob Fitrakis ’02, a Green Party member, for U.S. House of Representatives for the 3rd District in Ohio

•

Jeanette Moll ’96, a Republican, for Court of Appeals for the 5th District

•

Jack Felgenhauer ’00, a Democrat, for Crawford County Commissioner

•

Randy Hart Jr. ’12, a Democrat, for Meigs County Commissioner

Moritz College of Law | W I N T E R 2 0 1 3

In Memoriam

The Moritz College of Law has received word of the death of the following graduates and former faculty. We express our sympathy to relatives and loved ones. Bob Minor ’48

in 1998. He is survived by sons, Marc (Erin) Fagin and David (Gloria) Fagin; brother, Bobby (Joyce) Fagin; six grandchildren; nieces; nephews; and friends.

Bob Minor ’48, of Naples, Fla., died June 26, 2012. Mi-

nor, 92, toured the country as a Vaudevillian performer, but his theatrical ambition was interrupted by World War II. He attended Officers Candidate School and served in the U.S. Army, landing on Omaha Beach during the D-Day invasion with the 29th Division. He was awarded the Bronze Star, a Purple Heart, and multiple ribbons before being honorably discharged at the rank of lieutenant colonel. He returned to the Buckeye State and enrolled at the Ohio State College of Law. Following graduation, he served as administrative assistant to Sen. John Bricker, first deputy assistant attorney general at the Department of Justice, and later as the youngest-ever commissioner on the Interstate Commerce Commission, a position to which he was appointed in 1956 by President Dwight D. Eisenhower. Minor went on to work in the railroad industry before joining the Columbus law firm of Vorys, Sater, Seymour and Pease LLP in 1971 as a partner, representing regulated industries until he retired in 1990. Minor is survived by his wife, Joan; their children, Robert A. (Sue) Minor, Mary Ann (Robert) List, Emily Minor Smith, Julia Minor (Charles) Hoffman; eight grandchildren; his brother, Charles Daniel Minor; and many nieces and nephews.

Norman Fagin ’55 Norman Fagin ’55, of Youngstown, Ohio, died May 1,

2012. Fagin, 84, used his G.I. Bill to graduate from the University of Colorado before coming to the Ohio State College of Law. He was a sole practitioner and retired

T H E O H I O S TAT E U N I V E R S I T Y

Charles F. Sheeler ’56 Charles F. Sheeler ’56, of Wayland, Mass., died Aug. 22, 2012.

Sheeler was an owner of Hogger & Sheeler Law Firm. He is survived by his wife, Mary; daughters Lisa A. Sheeler (John Duffy), Lynda E. Sheeler (Damian Laugher), Kristin M. Sheeler (James), Karen L. Stein (Michael); son David C. Sheeler (Crystal); eight grandchildren; and brother Frederick Sheeler.

Lawrence Wellman Stacey ’58 Lawrence Wellman Stacey ’58, of Salem, Ohio, died July 3, 2012 at

his home. Stacey, 78, served on the Ohio State Bar Association Council of Delegates and Board of Governors and was president of the Columbiana County Bar Association. He was a fellow of the Ohio State Bar Foundation and assistant attorney general for the State of Ohio. He is survived by two daughters, Kim Bivens and Stephanie Stacey; a son, Lawrence Stacey II; a sister, Jane Charvat; and six grandchildren.

Walker Jameson Blakey ’67 Walker Jameson Blakey ’67, of Chapel Hill, N.C., died Sept. 24,

2011. Blakey, 71, following law school, continued his postdoctoral work at Harvard University. He joined the University of North Carolina School of Law faculty in 1971 and lectured on evidence and trial advocacy, served as a consultant to the committees that drafted the North Carolina Rules of Evidence, and taught courses in contracts, evidence, alternative dispute

In Memoriam

resolution, interviewing, counseling, and negotiation. He retired in 2011 after 39 years of teaching. He is survived by his brother, Jay Beatty Blakey; a sister-in-law, Choi Ling Blakey; four nieces; four nephews; four great-nephews; and a stepson, Michael Matthysee.

David H. McCartney ’67 David H. McCartney ’67, of Germantown, Pa., died Jan. 17, 2012

at the University of Pittsburgh Medical Center while awaiting a double lung transplant. McCartney, 69, was a retired trial lawyer. He was an avid golfer, skier, and Buckeyes fan. McCartney was also a longtime member of the Germantown Cricket Club. He is survived by his wife, Lois Nafziger; sisters, Susan and Beth McCartney; stepdaughters Jennifer Carson and Sara Greene; and six stepgrandchildren.

Kurt Lee Schultz ’72 Kurt Lee Schultz ’72, of Winnetka, Ill., died Aug. 5, 2012. Schultz,

66, served as a trial lawyer for prominent corporate clients at Winston & Strawn. He was also a member of Winston’s executive and finance committees. He is survived by his wife, Jane Schultz; children, Jane Ellen (Edward) Wimmer, Melissa (Alexander) Schultz-Levien, Katherine Schultz, and Laura (fiance Michael O’Malley) Schultz.

Victoria Anne Manley ’78 Victoria Anne Manley ’78, of Keeling, Va., died June 17, 2012 after

a brave battle with Parkinson’s disease. Manley, 69, served as a senior attorney for the Virginia Legal Aid Society and retired in 2008. Friends and family say she was a respected woman, known for her integrity and ability to put others’ needs before her own. She is survived by her brothers and their wives, Donald Michael (Stephanie), John R. (Angelica), Terry (Diane); her sister, Peg (James) Betts; and her sister-in-law, Marisa Manley; eight nieces and five nephews; 12 great-nieces and great-nephews; two greatgreat-nieces; and a circle of beloved friends.

Jo (Lindseth) Busser ’81 Jo (Lindseth) Busser ’81, of Philadelphia, Pa. died March 24, 2012 of lymphoma. Busser, 70, and her husband, Robert, lived in the German Village neighborhood of Columbus for 20 years while raising their three sons. After they were raised, she attended law school and practiced in Columbus following graduation. The couple moved to Philadelphia, where Busser was a community activist, serving on the board of the Neighborhood Interfaith Movement, as development director of the Episcopal Church of the Advocate soup kitchen in Philadelphia, as a host to international students for more than 50 years, and as an organizer behind the 2009 Tree of Life Conference on Israel and Palestine. She is survived by her husband; sons Andrew, Jonathan, and Duncan; seven grandchildren; a sister, Marta Jack; and brother, Jon A. Lindseth.

Brian Burns ’97 Brian Burns ’97, of Columbus, Ohio, died unexpectedly June 22, 2012. Burns, 43, practiced law with various firms in New York City and abroad in Germany, Hong Kong, and Australia. He made his way back to Columbus and was a partner at Bricker & Eckler LLP, heading up the firm’s business law group. In law school, he was the editor-in-chief of the Ohio State Law Journal and recipient of the Dennis B. Eastman and Donald S. Becker awards. Burns graduated in the top 10 percent of his class, earning Order of the Coif honors. He maintained ties to the College through teaching a mergers and acquisitions course, assisting in the creation of the Morgan Shipman Endowed Merit Scholarship, and serving on its National Council. The Ohio State University also awarded him with the William Oxley Thompson Award for early career achievement in 2003. He is survived by his wife, Kelli; their three daughters, Shannika, Chelsea, and Lexie; and his parents.

Moritz College of Law | W I N T E R 2 0 1 3

Why I give…

W. Ray Persons ’78 Before he became an award-winning trial lawyer, W. Ray Persons was a college student in Savannah, Ga. working two jobs in order to afford tuition, books, and supplies. When it came time for law school, he was overwhelmed by the scholarship support he received from Ohio State. There, he met Professor William E. Knepper – the man who would change Persons’ life. Hired at Knepper, White, Arter & Hadden, Persons was the first minority to ever work in the firm’s

Columbus office. There, he honed his legal research and writing skills and gained an appreciation for trial practice. Persons also found a role model in Knepper. Even though he was in his late-60s, Knepper could outwork anyone at the firm, managing a heavy caseload while continuing to write and remain active in community organizations. Persons plans to establish a scholarship in his name for these reasons.

“People saw potential in me that I didn’t see in myself.” HOMETOWN: Atlanta CURRENT JOB: Partner with King & Spalding LLP and member of its executive committee

WHAT YOU WON’T FIND ON HIS RESUME: He chairs the Law Pipeline Program, Inc., a nonprofit organization that works to ensure the high school students of South Atlanta School of Law and Social Justice have the resources and experiences to help them enter the pipeline to become legal professionals. About 97 percent of the student body at the law-themed school participates in a free-and-reduced lunch program; yet 100 percent are admitted to college or a trade school upon graduation. “It’s a labor of love for me,” Persons said.

AT OHIO STATE: Persons serves on The Ohio State University Foundation Board and chaired the Moritz College of Law’s National Council. In October, he received the John B. Gerlach Sr. Development Volunteer Award, one of the highest honors the University can bestow upon a volunteer.

FAMILY: He and his wife of 35 years, Wendy Joy Persons, have two children, Conrad and April, and one grandson, Jasper.

PASSIONS: Wine, opera, and travel – especially when it includes a trip to London to visit Jasper.

T H E O H I O S TAT E U N I V E R S I T Y

TO GIVE There are dozens of ways to give back to The Ohio State University Moritz College of Law. For more information, visit giveto.osu.edu/moritz. Or send your gift directly to the College at 55 W. 12th Ave., Columbus, OH, 43210. THE LAW ANNUAL FUND Scholarships, student activities, career services, and faculty scholarships are just a few areas that benefit from this current-use fund. It allows the College to be nimble in meeting needs and create new opportunities. LEADERSHIP SCHOLARSHIPS A component of our Program on Law and Leadership, these scholarships attract talented students from diverse backgrounds who have demonstrated leadership abilities.

Moritz College of Law | I S S U E 2 0 X X

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45… 45… I have 45. Can I get 50? Save the date for this year’s Public Interest Law Foundation Annual Auction from 6-9 p.m. March 5 at the Ohio Union.

Have something to donate for this year’s auction? Contact dunlap.226@buckeyemail.osu.edu for more information on how to support students working in public interest summer jobs. Want to make a cash gift to PILF? Contribute to giveto.osu.edu/moritz, fund number 309379.