This May at Cleveland State University, the College of Law ushered 162 new graduates into the ranks of our prestigious alumni base as part of the Class of 2013. Although we typically think of our graduates as members of a particular year’s “class,” we should not let this rubric conceal the individuality of the students who have now successfully completed their legal education. When we welcomed these students into our law school three and four years ago, it was not as a group but as individuals, each with his or her own set of goals and aspirations. We encouraged them to chart their own path through law school, choosing the mix of courses, seminars, engaged learning opportunities, and extracurricular activities that would best serve them in the careers they envisioned for themselves. Walking across the stage to receive their diplomas in May marked the culmination of the legal education that we provided and the hard work and long hours they invested in obtaining it. For many graduates, the path from law school will lead to a position with a law firm, an established or start-up business, a prosecutor’s or public defender’s office, or a not-for-profit organization. The greater Cleveland community is fortunate to have a robust legal environment in which to pursue these opportunities, and our graduates benefit from a strong base of alumni and friends who are ready and willing to assist them along the way.
“As we continue to prepare our students for the careers of tomorrow rather than the jobs of yesterday, encouraging and fostering an innovative and entrepreneurial spirit will be an essential component of our culture at Cleveland-Marshall.”
Increasingly, however, graduates will use their law degrees in fields not typically associated with law. Here they still will rely on the rigor of their legal training to help them successfully navigate new fields and emerging disciplines. Two of our alumni have followed this non-traditional career path with particular success, and it was my pleasure to honor them for their achievements at this year’s graduation ceremony. Carl Stern is a 1966 graduate of our institution, who served for over 25 years as Chief Legal Correspondent for NBC News. Brent Larkin, a 1986 College of Law graduate, served for 18 years as the Editorial Director for The Plain Dealer. Each of these remarkable men greatly valued the legal education they obtained at Cleveland-Marshall and the role that education played in helping them succeed in non-legal careers. This year’s graduates, like the many who have gone before them, can be confident that their law school degrees will open up many opportunities. The particular brand of legal education they received here will make them the kind of self-motivated, thought-leaders and problem solvers that a wide range of employers seek to hire. As we continue to prepare our students for the careers of tomorrow rather than the jobs of yesterday, encouraging and fostering an innovative and entrepreneurial spirit will be an essential component of our culture at Cleveland-Marshall.
Craig M. Boise Dean and Professor of Law
Table of Contents
Engaged Learning.............................................................................................................. 4 New Clinical Professor: Doron Kalir......................................................................... 8 Civil Litigation Clinic Students Assist Local Resident................................... 9 Featured Presentations..................................................................................................10 Transformative Dialogues............................................................................................. 12 Fulbright Scholars.............................................................................................................14 County Prosecutor Donates Sam Sheppard Trial Collection to Law Library...................................................................................16 Journals................................................................................................................................... 17 Moot Court Competition...............................................................................................20 Trial Advocacy..................................................................................................................... 21 Pro Bono Program............................................................................................................ 22 Great Lakes Sports and Entertainment Law Academy................................23 C|M|LAW Infuses Technology into Legal Education.....................................24 Faculty Promotions..........................................................................................................25 Faculty on Paper...............................................................................................................26 Faculty Influence...............................................................................................................28 Staff Changes..................................................................................................................... 30 In Memoriam......................................................................................................................... 31 Graduation|Graduation Bash......................................................................................32 C|M|LAW on the Road....................................................................................................34
Essential to Legal Education at C|M|LAW As part of our ongoing effort to enrich curriculum to meet the needs of the evolving legal landscape, the Cleveland-Marshall College of Law faculty approved an addendum to add an experiential learning component as a requirement for graduation. “Being in the heart of one of the country’s strongest legal centers, Cleveland-Marshall has a long-standing tradition of involving our students in the legal community,” said Dean Craig Boise. “This curricular enhancement now guarantees that every student who graduates from Cleveland-Marshall has real-world experience lawyering and developing key professional attributes.” The environment and culture at C|M|LAW have always emphasized practical experience to prepare students for post-graduation opportunities. C|M|LAW is now taking that a step further by guaranteeing every student is able to participate in this critical aspect of learning the skills needed to be successful in practice.
A Foundation of Engagement:
externship sites include: • Cleveland Clinic •C uyahoga County Prosecutor’s Office •C uyahoga County Public Defender’s Office
Cleveland-Marshall College of Law was one of the first law schools in the country to stress the importance of experiential learning, and that early and continued emphasis still pays dividends today. C|M|LAW’s emphasis on engaged learning dates back over 40 years to when our first clinic was established.
• DDR Corp.
“The focus at Cleveland-Marshall is not just going to class and keeping your head in a book but really getting out there and getting as much practical experience as you can while you’re in school, enough so you’re prepared for going out into the real world and knowing what to expect,” explained 2013 graduate Natalie Harper, who has worked in the Fair Housing Clinic and has served as an extern with the U.S. Department of Justice, U.S. Coast Guard and U.S. Attorney’s Office.
• Legal Aid Society of Cleveland
Externships are one such avenue for engaged learning and provide students the opportunity to learn the law outside of the classroom by providing legal services in a judicial, government, public interest or corporate setting. Students work in settings where they contribute to the daily functions of an office by collaborating with a supervising attorney or judge.
• Parker Hannifin
In C|M|LAW clinics, students serve the community and learn lawyering skills while working with individuals and organizations with a variety of real legal issues. Under the close supervision of experienced attorneys and clinical professors, students are tasked with counseling, performing transactional work and bringing litigation in one of several specialized clinics: Civil Litigation, Community Advocacy Law, Environmental Law, Fair Housing Law, and Transactional Law.
Cleveland State University
• Federal Trade Commission • Forest City Enterprises • Immigration and Customs Enforcement Office • Internal Revenue Service • Medical Mutual of Ohio • National Labor Relations Board • Office of Civil Rights • Ohio Environment Council • Ohio Supreme Court •O hio Eighth District Court of Appeals • U.S. Coast Guard Legal Office • U.S. Court of Appeals • U.S. District Court • U.S. Department of Education • U.S. Department of Justice • SPIRE Institute • University Hospitals
From Classroom to Practice: Classroom and book learning provide the foundation for students to become successful in practice, but are just one aspect of the scope of grasping the law that students need to be successful in the workforce. The faculty at C|M|LAW recognize this and have implemented practical learning within the classroom whenever possible. “We understand and recognize the importance of having students learn in context,” said Carole O. Heyward, Director of Engaged Learning at C|M|LAW. “While they learn doctrinal law in the classroom, it’s really important for students to learn how to apply that law in real-world settings with real-world clients. It’s a very different skill that students need to master to be successful.” When students then return to the classroom setting after an engaged learning experience, they have a better understanding of potential applications for what they are learning. “I could actually picture what I was learning in my head, it wasn’t as theoretical or academic after my externships,” explained Francesla Sequeira, a 2013 graduate who participated in three externships and a clinic at C|M|LAW. “Reading the book or reading the case, I can now imagine where I’ve helped attorneys or dealt with clients. It has helped me understand the material and it also puts into perspective how reading cases is not as important as the skills and rulings you’re trying to pull out of it.”
Exploring Opportunities: Beyond the skills learned through engaged learning opportunities, C|M|LAW students have found these experiences beneficial in allowing them to explore potential career opportunities during their time at law school. Students use the opportunities to confirm their choice in career paths or explore potential areas of interest as they learn what real day-to-day work environments and expectations are like. As such, many C|M|LAW students complete multiple engaged learning opportunities as they explore and refine their future goals. “We all read things and want to practice in a certain area but until you see it firsthand I don’t think you really know. These continued on page 6
Linda Herman Courtrooms can be known to evoke many types of reactions and emotions, but loud applause from an impartial crowd is not usually one of those. However for C|M|LAW student Linda Herman, that very situation transpired during her first court case. Herman’s case came via the C|M|LAW Community Health Advocacy Law Clinic, which offers students the opportunity to provide representation to real clients under the supervision of clinical faculty. Herman was representing a client who was hoping to have her record expunged. The passionate argument Herman made for her client is what led to the outburst from the crowd and a favorable ruling from the judge. “Linda spoke so eloquently and passionately about her client that spontaneous, loud applause erupted in the crowded courtroom,” explained Pamela Daiker-Middaugh, C|M|LAW Clinical Professor of Law and Director of the Pro Bono Program. “In 20 years of teaching and practicing, I don’t think I have ever witnessed a moment so heart-warming.” “My client was a young woman who made some mistakes in the past which were really hindering her ability to move on,” said Herman. “Convincing the court she should have a second chance was a combination of having a great client and a judge who was willing to listen. It was a wonderful experience and a great way to start my legal career. I’ll never forget it.” 5
Zach Graham Balancing his time between his personal life and the legal world is not always easy for Zach Graham, and that is due largely to the number of superb opportunities Graham has been able to take advantage of the past two years. Graham has worked as a summer associate for Ulmer & Berne and a law clerk at Reminger. He also externed with Northern District of Ohio Judge David D. Dowd and Bendix Commercial Vehicle Systems. The externship with Judge Dowd was an experience for Graham outside of his previous law track and provided him with valuable experience. “Getting the opportunity to work in a judge’s chamber alongside the clerk and the judge is a pretty rare opportunity and it afforded me some great experience,” said Graham. It was his most recent externship with Bendix that is most in line with the career path Graham envisioned when he entered law school — working in the field of intellectual property. While Graham still has interest in working on intellectual property proceedings, the diversity of Graham’s employment, studies and extracurricular activities while at C|M|LAW, will open doors no matter which legal field he pursues. “I feel the experience I’ve gotten through the externships will be a great help no matter the field,” explained Graham.
Cleveland State University
externships let me know this was definitely what I want to do” stated Sequeira, who has served as an extern with the U.S. Department of Justice, Ohio Supreme Court and the Office of the Federal Public Defender, and will join the Navy Judge Advocate General’s (JAG) Corps upon passing the bar exam. The externship program is administrated through the Office of Career Planning, which works closely with students and employers to find opportunities that best match the students’ interests. The Office of Career Planning is able to not only help students obtain externship placements, but counsel them to see how potential engaged learning opportunities fit with their long-term plans. Externship sites realize this is part of the goal for students as well, and offer guidance in these areas. Assistant U.S. Attorney of the Northeast District of Ohio Lynne H. Buck, supervising attorney for several C|M|LAW externs, makes sure externs are able to take away a wide-ranging learning experience. Her externs are exposed to a speaker series where they learn about the backgrounds of different U.S. Attorneys. They are also encouraged to ask questions and seek how projects fit into a bigger picture, as they handle research and writing assignments for actual cases.
Engagement Today, Employment Tomorrow: The engaged learning relationships are an advantage to both parties, with externship sites and law clinic clients benefitting from the quality work product and representation from current students. However, what this new engaged learning requirement represents in the long-term is even more important to employers and clients. C|M|LAW can now guarantee that each graduate will have the experience along with the necessary knowledge to step into the workforce and be successful. This concept does not just apply at the individual level but for the College as a whole. Whether collaborating with C|M|LAW students in a clinic or in an externship, law professionals and community members throughout Northeast Ohio have taken notice of C|M|LAW students’ ability to transfer classroom knowledge into the workplace. That then translates to recent graduates who are able to rapidly transition into companies as high-functioning employees. “We take pride in the quality of student Cleveland-Marshall sends into these work environments and make sure our students leave an outstanding impression on employers and the community,” said Dean Boise. “When attorneys and clients experience our students’ expertise, they realize the value of our partnership.”
Francesla Sequeira Francesla “Frankie” Sequeira’s dream is to be the next Tom Cruise or Demi Moore, but not an award-winning actress. Sequeira wants to follow the path of Cruise’s and Moore’s characters in the Oscar-nominated, 1992 film A Few Good Men, and will join the U.S. Navy Judge Advocate General’s (JAG) Corps upon passing the bar exam later this year. Sequeira is commissioned as an inactive ensign and will attend Officer Development School and Naval Justice School. Sequeria is no stranger to the Navy as she has been in the U.S. Navy Reserves as a Logistics Support Petty Officer. With that service in the Navy Reserves, she has the military experience to succeed in her future career. As far as the legal side of a JAG position goes, Sequeira has made it a point to get plenty of experience during her time at C|M|LAW. The 3L student took part in externships with the U.S. Department of Education, Office for Civil Rights, Federal Public Defender’s Office, Ohio Supreme Court Chief Justice Maureen O’Connor and the Cuyahoga County Public Defender’s Office. “I definitely think my externships have helped prepare me for the JAG Corps,” said Sequeria. “I chose to extern with the County Public Defender’s office because you get hands-on experience and actually get into court. I know that in the JAG Corps it is trial by fire — within the first week you usually have a trial — so that’s something I’ll have experience with beforehand.”
“We take pride in the quality of student Cleveland-Marshall sends into these work environments and make sure our students leave an outstanding impression on employers and the community.” — Dean Craig Boise
Erin Chelune One of Erin Chelune’s childhood dreams was to become a lawyer. What she envisioned was a position where she was able to help protect others. Through the Max I. Kohrman Memorial Endowed Public Interest Fellowship, Chelune was able to do just that as part of the Volunteer Lawyer Program with the Legal Aid Society of Cleveland last summer. “I was lucky to have a job that reminded me why I am in law school,” said Chelune. “It was good affirmation of my decision to go to law school and pursue this career.” Chelune liked the position and work so much that she did not leave when her fellowship ended, volunteering with the Legal Aid Society through April. Beyond the positive nature of the work, she felt that the skills she was learning would be beneficial for her career going forward. “I had really amazing hands-on experience working with clients,” explained Chelune. “You get to handle such a smorgasbord of issues and you never know what is going to walk through the door. I learned some very practical skills such as writing wills and property transfers.”
New Clinical Professor
C|M|LAW was pleased to announce the newest member of its clinical faculty in 2012 — practitioner and international scholar Doron Kalir. Born and raised in Tel Aviv, Israel, Professor Kalir studied and taught law at Columbia Law School, and practiced for several years with Skadden Arps in New York before arriving in Cleveland. He has an LL.B (cum laude) and LL.M (summa cum laude) from the Hebrew University Law School, and an LL.M (Kent Scholar — Highest Honors) from Columbia Law School. He is admitted to practice in New York and Ohio and is a member of the bar of the United States Supreme Court as well as several other courts.
How He Serves: • Teaches 3R classes in Cleveland high schools • Mentors “Ohio Supreme Court Case” program for Cleveland High School students • Participated in several C|M|LAW Pro Bono activities • Serves as Director, Foreign LL.M program • Serves as member, MLS (Master of Legal Studies) Admission Committee and Curriculum Committee
• Hosts several JLSA (Jewish Law Students Association) activities
C|M|LAW Influence A Clinical Professor of Law, Kalir co-teaches the new C|M|LAW Civil Litigation Clinic with Professor Kenneth Kowalski. This clinic offers free legal representation to clients who cannot afford it. The clinic handles a wide variety of issues, from unemployment benefits to custody matters, credit card debt, immigration representation, and more. Representation includes appearances before, and writing briefs for, administrative tribunals, state and federal trial courts, courts of appeals, and the United States Supreme Court. “I could not have hoped for a better first year here at C|M|LAW,” said Kalir. The entire clinical faculty — Professors Daiker-Middaugh, Heyward, and Kowalski — were incredibly nice to me, offering advice, guidance, and assistance at every turn. The same is true for the Dean, the faculty, and the entire staff who were more than happy to welcome me into their midst.” “But most of all, I am impressed by the students here,” continued Kalir. “Their dedication, hard work, and eagerness to learn have resulted in excellent work products that proved very valuable to the clients. I am truly humbled by their performance, and will be very eager to follow their careers in the years to come.”
Cleveland State University
C|M|LAW students Joe Libretti (left) and Justin Washburne (right) working in the Civil Litigation Clinic.
Justice Served Two C|M|LAW Civil Litigation Clinic Students Assist Local Resident When Cleveland-Marshall College of Law opened its new Civil Litigation Clinic in January, it had two goals. The first was for students to practice real-life law. The second was for local residents to obtain quality legal representation at no cost. Just weeks into the clinic’s operation, C|M|LAW students Joe Libretti and Justin Washburne achieved both. Libretti and Washburne represented Mr. C, who was sued by a national debt collector for the amount of several thousand dollars because of an alleged credit card debt. By the time the students received the case, the complaint had already been filed, the answer was served, and discovery — the process of pre-trial requests of evidence — was well under way. It appeared that the national debt collector was determined to reclaim its alleged debt, even after being notified that Mr. C. was represented. Libretti and Washburne got to work and studied the facts of the case closely, noting that the debt collector had very little evidence of the alleged debt. They conducted thorough research of the law, prepared a carefully planned strategy of litigation and authored a letter to the major law firm representing the debt collector, explaining in detail how they would like to conduct depositions in this matter. The pair planned to force the plaintiffs to appear locally for deposition, a decision that could prove costly for the out-of-state company. After reviewing the letter, the national debt collector responded by notifying the court that they were withdrawing
their complaint. Shortly thereafter, the case was dismissed.
getting the situation handled for him,” said Washburne.
“I think this case may well illustrate the great benefits of the clinic — both for the students and for the clients,” said Professor Doron Kalir, the C|M|LAW Clinical Professor who supervised both students on this matter. “The students learned that careful preparation, research, and planning pays off — even against big and powerful law firms. The client has learned that with proper cooperation, the clinic can be a powerful counsel.”
For Libretti and Washburne, the case was satisfying not just as a legal victory, but also as an opportunity to give back to the community. If Mr. C had not sought legal representation from the Clinic, it is probable that he would have been forced to pay the debt collectors after a default judgment.
The students were equally satisfied. “It was a good opportunity to use the civil procedure skills that I’ve learned here, as well as my evidence skills and even some constitutional law,” said Libretti. “It’s great to be able to apply the practical application of information from classes.”
“I really liked working for this client because he lives just minutes from my house,” remarked Washburne, a native Clevelander. “I think companies may sometimes take advantage of people who are in a vulnerable financial position and are not knowledgeable about the law. It was satisfying to be able to represent and protect someone who was being taken advantage of by a big company.”
With the successful dismissal of the case, the students had the pleasure of sharing the news with Mr. C, who was thrilled with the result. “I gave him a call and he called back immediately and just wanted to thank everyone involved in his case for
As part of our focus on providing thought-leaders for educational discussions with students, alumni and community members, some of the nation’s leading experts and scholars were invited to participate in our 2012-13 Transformative Dialogue series. Four such educational programs are featured here.
Gabriel “Jack” Chin The fourth and final speaker in the 2012-13 Criminal Justice Forums, Professor Gabriel “Jack” Chin, one of the nation’s leading experts on criminal procedure and immigration law, addressed the subject of “Criminal Law, Immigration, and the Constitution,” Chin is a professor and scholar of Immigration Law, Criminal Procedure, and Race and Law at UC Davis School of Law. The Supreme Court’s landmark 2010 opinion, Padilla v. Kentucky, relied extensively on Chin’s scholarship to conclude that criminal defense lawyers have a constitutional obligation to advise clients on potential immigration consequences of pleading guilty. He was also a leading critic of the Arizona immigration statute, much of which was invalidated by the Supreme Court in 2012.
Ezekiel “Zeke” Emanuel
In April, C|M|LAW co-sponsored the first Medical/Legal Summit in Cleveland along with the Cleveland Metropolitan Bar Association and The Academy of Medicine of Cleveland and Northeast Ohio. The event was designed to bring together doctors, lawyers, health care professionals and others who work in allied professions in Northeast Ohio for education, lively discussion, and opportunities to network.
The two-day event presented more than 30 speakers from the medical and legal fields, including featured presenter Dr. Ezekiel “Zeke” Emanuel, on the subject of health care reform and the future of American medicine. Emanuel is Vice Provost for Global Initiatives and Chair of the Department of Medical Ethics and Health Policy at the University of Pennsylvania. From January 2009 to January 2011, he served as special advisor for health policy to the director of the White House Office of Management and Budget. He was also Chair of the Department of Bioethics at The Clinical Center of the National Institutes of Health and a breast oncologist.
Cleveland State University
Entertainment and Sports Law Symposium The Entertainment and Sports Law Association hosted its third annual symposium in April, “Construction and Contractual Agreements: How to Maximize the Revenue of Sport and Entertainment Venues.” Co-sponsored by the Great Lakes Sports and Entertainment Law Academy, the symposium featured several high-profile speakers within the sports and entertainment legal community.
Peter A. Carfagna, Executive in Residence, ClevelandMarshall College of Law, Chairman/Chief Executive Officer, Magis, LLC
L. James Juliano Jr., Member Management Committee, Nicola, Gudbranson & Cooper, LLC
Featured Speakers: • Jeff Appelbaum, Managing Director, Project Management Consultants, LLC, Partner/Chairman, Construction Law Group, & Partner, Thompson Hine LLP •
Sashi Brown, Esq., Executive Vice President and General Counsel, Cleveland Browns
Chris Harrington, Executive Legal Assistant, Brooklyn
Nets & Barclays Center
Bryan McCall, Performance Director, Michael Johnson Performance Training Center at SPIRE Institute
Jeff Orloff, Chief Operating Officer, SPIRE Institute
Ivan Schwarz, Executive Director, Greater Cleveland Film
Heather Stakich, Associate, Thompson Hine LLP
In February, the Asian Pacific Islander Law Student Association brought Justice Goodwin Liu to Cleveland-Marshall College of Law for a question and answer session with faculty, students and alumni. Justice Liu spoke about his time in law school and maximizing the experience among other topics. Highly regarded, Justice Liu is Associate Justice of the Supreme Court of California. Formerly a Professor of Law at the University of California, Berkeley, Justice Liu is a nationally renowned scholar of constitutional law and civil rights. He is frequently mentioned as a potential U.S. Supreme Court nominee.
“Utica Shale: Issues in Law Practice and Policy,” Sponsored by C|M|LAW, Maxine Goodman Levin College of Urban Affairs, Cleveland Metropolitan Bar Association, Bricker & Eckler LLP, and Tucker Ellis & West LLP.
Constitution Day Forum: Gwendolyn Roberts Majette, Assistant Professor of Law at Cleveland-Marshall College of Law: “The Constitution, The PPACA, and The U.S. Attempt to Fix its Broken Health Care System”
Cleveland State University
Jeffrey Rosen, legal affairs editor of The New Republic: “DNA Exonerations: How to Reform the Criminal Justice System to Avoid Convicting the Innocent”
Jason R. Bristol, employment litigation expert: “The Fair Labor Standards Act at 75: Why Congress’ stated policy of eliminating substandard labor conditions remains as necessary today as it was in 1938”
Milena Sterio, Professor of Law at Cleveland-Marshall College of Law: “International Law in Crisis: Piracy off the Coast of Somalia”
Mark Curriden, award-winning legal journalist and bestselling author: “Contempt of Court: A Lynching that Changed the American Justice System,” (Sponsored by C|M|LAW Alumni Association, Cleveland Metropolitan Bar Association, Norman S. Minor Bar Association, Seymour H. Lesser Scholarship Fund, and Spangenberg Shibley & Liber)
You can view videos of Transformative Dialogue programs at:
Global Business Law Review Symposium: “Exploring International Energy Law and Policy: Emerging Issues in Finance and the Global Economy” Journal of Law and Health Symposium: “The Legal and Ethical Implications of Posthumous Reproduction,” Cosponsored by the Center for Health Law and Policy Diane Marie Amann, International Criminal Court Prosecutor’s Special Adviser on Children in Armed Conflict: “Children and the Early Jurisprudence of the International Criminal Court”
The selection of the Symposium topic was a result of the Supreme Court decision in Astrue v. Capato. In that case, the Supreme Court held that children conceived through in vitro fertilization after the death of a parent were not automatically entitled to survivor benefits under Social Security law. Featured Speakers •H ilary Young, Assistant Professor in the Faculty of Law at the University of New Brunswick •D r. Saby Ghoshray, President of the Institute of Interdisciplinary Studies •M aya Sabatello, Columbia University Law School •J essica Knouse, University of Toledo Law School
Attendees learned about emerging issues in international energy law and policy including an analysis of corruption in the petroleum sector, a historical analysis of the global legal efforts to address climate change in an energy context, and a comparative analysis of the effects on different economies and foreign finance structures of increasing energy demand. Featured Speakers • Owen L. Anderson, “Corruption in the Petroleum Sector: Corporate Compliance and Due Diligence” • James E. Hickey, Jr., “Climate Change in an Energy Context: Global Legal Efforts in Light of Increasing Energy Demand” • Michael J.T. McMillen, “Evolution of Variance and Purification Concepts in Modern Islamic Finance: The Dow Jones Fatwa and Sequelae” • Andrew R. Thomas, “American Energy Policy and the Advent of the Rustbelt”
Dr. Jonathan Jansen, Vice Chancellor and Rector (President) of the University of the Free State in Bloemfontein, South Africa: “Achieving Justice through Reconciliation on a South African University Campus”
Milena Sterio Associate Professor
By Fulbright Scholar
I arrived in Baku, Azerbaijan, in early February 2013, to teach law at Baku State University during the spring semester, pursuant to a Fulbright Scholarship. My five-month stay in this country has been one of the most exciting professional experiences since the start of my career. Baku State University is the most prestigious Azeri public university; it hosts approximately 15,000 students and many different “faculties” or departments. I have been teaching a Civil Law course for undergraduates, and an International Business Transactions course for graduate-level students (both in English). The majority of my students hail from Baku or its surroundings and have chosen to study law in English in order to facilitate future job-hunting with prestigious employers such as British Petroleum or the law firm of Baker McKenzie. Most of my students speak fluent English, but I have to think hard before using any colloquial expressions or any excessive “legalese,” as these usually produce blank stares. My students address me as “teacher Milena” — the term “teacher” in the Azeri language is seen as a sign of profound respect and can be used for a professor or any other person deemed to merit an equal amount of respect. My research project consists of a study of secession under international law as it relates to a province of Azerbaijan, called Nagorno-Karabakh. During the Soviet era, Nagorno-Karabakh was a part of the Republic of Azerbaijan. In the early 1990’s, once the Soviet Union disintegrated, multiple wars broke out in the Caucuses, including a violent struggle between Azerbaijan and the neighboring Armenia. As a result of this conflict, NagornoKarabakh has been occupied by Armenia. De jure, Nagorno-Karabakh is a part of the independent state of Azerbaijan, but de facto, it is controlled by Armenia and inhabited by Armenians. I have been researching secession and self-determination criteria, as they relate to this region. Research here has been more difficult than I originally contemplated because of political censorship by
the Azeri government and because of inadequate research resources. However, I am pleased to have had the opportunity to speak to various Azeris firsthand about NagornoKarabakh and to have the opportunity in the future to write about this.
Last but not least, a word on my geographic surroundings. Baku is a large city with approximately three million inhabitants. It is located on the coast of the Caspian Sea, on the so-called Absheron Peninsula. Over the past decade, Baku has developed tremendously: it has beautiful pedestrian zones with high-end stores, cafes and restaurants, a four-mile long promenade along the Sea, and many squares ornate with marble floors and fancy fountains. The remainder of the country is drastically different. Azeri villages seem almost a century behind American villages and small towns in terms of development. Cattle, horses, sheep, cows, as well as dogs walk around village streets freely. Houses are built on muddy grounds, and usually only one paved road links a village to any neighboring community. Proper highways are nonexistent in Azerbaijan, and a 200-mile car journey occupies most of the day. Having the opportunity to live in Azerbaijan as a Fulbright Scholar has been enriching and rewarding on both personal as well as professional levels. I look forward to further sharing my experiences, and to developing my ongoing research into professional publications.
The Fulbright Program is the flagship international educational exchange program sponsored by the United States government. The Fulbright Program provides participants—chosen for their academic merit and leadership potential—with the opportunity to study, teach, conduct research, exchange ideas and contribute to finding solutions to shared international concerns. In 2012-13, two C|M|LAW professors—Brian Ray and Milena Sterio—were chosen as Fulbright Scholars.
Cleveland State University
Brian Ray Associate Professor
By Fulbright Scholar
“All I want is what they promised me and what their constitution promises me - a house.”
I was with a team of researchers from the Community Law Centre at the Western Cape (CLC) meeting with Mathilda, a citizen leader in Blikkiesdorp—literally “Tin Town”— a settlement of over 1600 one-room corrugated metal shacks set up by the City of Cape Town in 2007 to temporarily house people relocated from other areas. Mathilda was referring to the right to access adequate housing in section 26—one of several socio-economic rights in South Africa’s constitution intended to redress the discrimination and deep social inequalities created under apartheid. During my Fulbright visit to South Africa, I am a visiting scholar at the Socio-Economic Rights and Administrative Justice Research Project at Stellenbosch University (SERAJ) and the CLC. Both universities are in the Western Cape region of South Africa. SERAJ works to enhance the responsiveness of the South African legal system to the problems of poverty, administrative injustice and socioeconomic vulnerability at both academic and practical levels. The CLC’s Socio-Economic Rights project promotes the effective implementation, monitoring and enforcement of the socio-economic rights enshrined in the South African Constitution. My main focus during the grant is conducting research for a book manuscript analyzing the South African Constitutional Court’s socio-economic rights cases. Giving courts the power to enforce rights that promise things like access to housing, health care, education and social security raises difficult theoretical and practical
problems. A court can’t simply order the government to give a house to everyone like Mathilda—and these rights aren’t written to require that. But a court can intervene in more limited ways, for example to address a clear breakdown in the policymaking process—as there arguably was in Blikkiesdorp, where it’s been over six years since the government promised some people who moved there a permanent house within six months. I’m analyzing and proposing changes to some of the South African Constitutional Court’s more innovative enforcement approaches that focus on ways courts can make government more responsive in situations like these by requiring consultation and public participation in the development of social welfare policy. At SERAJ, I recently presented a public seminar on the book, and I’m working with SERAJ and the CLC on a symposium bringing together academics, civil society organizations, government officials and citizen activists to discuss the Court’s consultation requirements. During my stay, I’ve also been invited to write one of two lead essays for the Constitutional Court Review analyzing a recent series of housing-rights cases and will present a draft of that paper at a conference in Johannesburg in July. But it’s not all work and no play. I’m living in Stellenbosch—a beautiful old town in the middle of wine country—with my wife, Kim, and our four kids, Audrey (11), Iain (eight), Evelyn (six) and Adrian (four). We’ve been taking full advantage of the fine South African summer and have managed to visit Table Mountain, Boulder’s Beach, Shamwari wildlife reserve, Cape Point and the stunning Garden Route.
County Prosecutor Donates Sam Sheppard Trial Collection to Law Library Last fall, former County Prosecutor Bill Mason designated the Cleveland-Marshall College of Law Library as the repository for all materials related to the Sam Sheppard trials. The collection, donated to C|M|LAW in September, includes documents, photographs, recordings and exhibits from the murder trials dating back to 1954. The Sheppard case has been widely embraced by popular culture, but it also produced a landmark U.S. Supreme Court decision on fair trial rights. In the summer of 1954, Dr. Sam Sheppard was convicted of murdering his wife in their Bay Village home. He was sentenced to life in prison. In a 1966 appeal, Sheppard v. Maxwell, the Supreme Court determined that Sheppard was denied due process and had an unfair trial, mainly due to the media circus that permeated the original trial and the failure of the presiding judge to sequester the jurors and shield them from media bias. Following his 1966 retrial, Sheppard was acquitted.
County Prosecutor Bill Mason (right) and Dean Craig Boise sign paperwork entrusting the Sam Sheppard trial collection to C|M|LAW.
“C|M|LAW has a reputation for having a strong trial law program, and housing the materials from the Sheppard trials at C|M|LAW is a fitting tribute both to our fine city and to a public law school with a history of producing excellent trial attorneys.” — Dean Craig Boise 16
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In 1996, the Estate of Samuel Sheppard filed a wrongful imprisonment lawsuit. On April 12, 2000, when the 12-week trial was completed, 76 witnesses had testified, more than 600 exhibits were presented, and 19 experts took the stand. The experts testified on subjects including forensic pathology, serology, blood spatter, odontology, head trauma, psychology, forensic photography, radiology, forensic anthropology, DNA, and population genetics. “It was in preparation for the wrongful imprisonment lawsuit that we amassed all of the evidence from the prior two criminal trials. It was a rare opportunity to forever preserve an important piece of legal history and show how the advancements in forensic evidence play such an important role in our criminal justice system,” Mason said. “I am very excited to entrust this collection to Cleveland Marshall College of Law.” “We are grateful to have been chosen to house the collection in its entirety,” said Dean Craig Boise. “Because we are a public law school, the donation of the Sheppard materials to C|M|LAW commits them to the public trust. We believe the materials should be kept together as a collection and made available free of charge to researchers and the general public.” Once the collection is cataloged and digitized, it will be open to both scholarly researchers and members of the general public. In addition, the library plans to make the digitized materials accessible online. “Cleveland has been the birthplace of several landmark criminal cases that have established important precedents in criminal law and procedure,” said Boise. “C|M|LAW has a reputation for having a strong trial law program, and housing the materials from the Sheppard trials at C|M|LAW is a fitting tribute both to our fine city and to a public law school with a history of producing excellent trial attorneys.”
The Cleveland State Law Review The Cleveland State Law Review, founded in 1952, celebrated its 60th anniversary in 2012-13, ranking 94th among all U.S. law journals, its highest ever ranking. Following the annual Summer Writing Competition, the Law Review welcomed 24 new associates and immediately began work on publishing a journal of remarkable legal scholarship. This year’s board, under the leadership of Editor-in-Chief Anthony Cox, published four full issues of the Law Review, diligently soliciting outstanding scholarly articles and doing the difficult work of editing and sub-citing those articles to ensure that they were of the highest possible quality at the time of publication. The Cleveland State Law Review also took steps to ensure it remains on the cutting edge of legal scholarship by developing a fully-functioning website utilizing a state-of-the-art electronic publishing platform and digital repository. They sought to enhance the journal’s notoriety by expanding its social media presence, sharing the Law Review’s accomplishments, and keeping followers informed of the year’s developments. The Law Review saw its ranking climb to number 94 overall in the Washington & Lee University Law Library’s annual law journal rankings. This is the all-time high ranking for the Law Review, marking an increase from last year’s position of 101, and placing the Cleveland State Law Review in the top half of student-edited law journals in the nation. The ranking reflects the contributions of Law Review members over the past eight years and represents a tremendous amount of dedication and effort by past editorial boards. This is a tradition of excellence that the editorial board was proud to inherit and worked hard to maintain.
Annual Award Winners: Editor of the Year: Kate Spidalieri Associate of the Year: Katie Stovsky Executive Editor of the Year: Monica Giangardella Managing Editors of the Year: Andrew Jenkins and Anthony Miranda
The Journal of Law and Health The Journal of Law and Health, founded in 1984, provides a forum for discussing issues important to both law and medicine. Cleveland has a strong national reputation in both areas, and the Journal is proud to contribute to the timely and relevant discussion of issues facing the intersection of law and medicine. The Journal is also one of the few publications that focuses on the complex and diverse field of healthcare law. Trent Stechschulte provided outstanding leadership as Editor-in-Chief and was assisted by a staff of 14 Editors and 19 Associate Editors. The 2012-13 Journal staff published two volumes (Vol. 26, Issues 1 and 2), each with intriguing and diverse articles about current issues in health law. The Journal of Law and Health also sponsored its annual symposium, Legal and Ethical Issues of Posthumous Reproduction. On March 22, the Journal welcomed four scholars from across the country to discuss this topic and in turn, each will provide an article to be featured in Volume 27, Issue 1, forthcoming in January, 2014. This year, like the law review the Journal adopted the Bepress Engaged Scholarship platform and partnered with Digital Commons to create a new website. The platform will enhance the Journalâ€™s presence online and allow the publication to more effectively provide the healthcare community with information to improve the quality of healthcare in the country. The Journal continues to gain subscribers, to garner timely interest from the scholarly community, and to publish well-written, novel articles as one of the only student-run health publications in the country.
Annual Award Winners: Barbara J. Tyler Award for Best Note: William White: Elder Self-Neglect and Adult Protective Services: Ohio Needs To Do More. Outstanding Editor: Ed Woodworth Outstanding Associate: William White
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Global Business Law Review The Global Business Law Review concluded its fourth year of publication in 2012-2013. The publication saw its largest increase in membership as the organization grew to a staff of 25 students. The Global Business Law Review continues to publish innovative articles that tackle interesting and novel issues in the areas of international law and business law. Last year, the Global Business Law Review launched In the Balance, a monthly feature written by associates. With In the Balance, the review became the first journal at Cleveland-Marshall to provide a forum in which each of its associates can be published. In addition, Global Business Law Review publications will be featured on Engaged Scholarship, a website platform where all previous volumes and issues can be accessed online. These initiatives were led by outgoing Editor-In-Chief Erik Dickinson. In April, the Global Business Law Review held its fourth annual symposium, Exploring International Energy Law and Policy: Emerging Issues in Finance and the Global Economy. The symposium was a great success, featuring notable experts from across the country. For the second year in a row, the symposium attracted over 200 practitioners. Each speaker also provided articles addressing important issues in their areas of expertise. These articles will be published in Volume 4 Issue 1 of The Global Business Law Review and will be circulated in Fall 2013. With the rapid advance of technology resulting in opening international borders, business law and international law continue to have a major presence in current affairs. The Global Business Law Review looks forward to continuing to expand its presence within the global business and legal communities.
Annual Award Winners: Editor of the Year Robert Molnar Note of the Year Wayne Wood
Judge Christopher Boyko (left), Judge Melody Stewart (center), and Magistrate Judge Greg White (right) preside over C|M|LAW’s 44th Annual Moot Court Night.
Moot Court Competition The Cleveland-Marshall College of Law Moot Court program had another successful season in 2012-13 with strong showings regionally and nationally under faculty advisors Carolyn Broering-Jacobs and Kelly K. Curtis, and coaches Jason Bristol ’00 (Cohen Rosenthal and Kramer), Claire Curtis (Bonezzi Switzer Murphy Polito & Hupp) and Dean Williams ’05 (Jones Day). The year started off with the team of Allison Weitzel, Jaclyn Staple, and Cara Kuftic competing in the Burton D. Wechsler First Amendment Moot Court Competition at American University. The team made it to the octo-final round and finished in ninth place out of thirty-two teams. Additionally, Weitzel was recognized as the seventh place oralist out of more than one hundred competitors. The C|M|LAW team competed in Detroit in the regional competition of the New York City Bar Association National Moot Court Competition, where Hannah Smith, Riannon Ziegler, and Elizabeth Collins finished third overall and won the award for best brief. Collins was also recognized as the third place oralist. Spring semester kicked off with the 44th Annual Moot Court Night. The evening featured a head-tohead competition between the McGee teams in front of Judge Christopher Boyko, Judge Melody Stewart, and Magistrate Judge Greg White. At the William E. McGee National Civil Rights Moot Court Competition. The team of Roxanne Rahamim, Katie Bender and Zachary Graham was
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awarded best brief and placed third overall out of 35 teams. Two C|M|LAW teams ventured to Boston to compete in the regional American Bar Association National Appellate Advocacy Competition. The team of Sara Tackett, Kelsey Weil, and Anthony Miranda advanced to the final round after winning the second best brief award out of more than 40 competing briefs. The team of Daniel Bollinger, Emily Gehring, and Caitlin Hill also advanced to the semifinals and took home the award for fourth best brief. In the last competition of the year, the team of Justin Stevenson and Lauren Orrico competed in the August A. Rendigs National Products Liability Moot Court Competition in Cincinnati. The team won second place brief and advanced to the quarterfinal round of the competition.
Trial Advocacy Program Coached by Adam Davis ’08 and Julian Emerson of Reminger, the Cleveland-Marshall College of Law trial advocacy teams had another successful year in 2012-13. At the Case Classic Mock Trial Invitational, the C|M|LAW team of Katie Farrell, Nick Froning, Lindsay Raskin and Gillian Steiger went undefeated and tied for first place overall, winning rounds against teams from Case Western Reserve University and the University of Akron. In the spring, the C|M|LAW teams had a strong showing at the American Association for Justice Trial Advocacy Competition. Co-counsel Lindsay Raskin and Marcus Pringle achieved a perfect score of 30 in the third round — one of only two perfect scores awarded in the entire competition. Capping this year’s achievements, for the first time in the history of Cleveland-Marshall’s trial advocacy program, two teams advanced to the semifinal rounds of two different tournaments in the same semester. At the Texas Young
Lawyers Association Regional Competition in Akron, Ohio, the team of Raskin and Jim von der Heydt advanced to the semifinals of a 20-team field, losing only to the tournament’s overall co-champion. The team of Paul Shugar and Brianna McLaughlin also narrowly missed advancing to nationals. They finished with a preliminary record of 2-1. At the AAJ Regional Competition, the team of Farrell, Brendan Heil, George Ofori and Amanda Karp tied for third out of 16 teams, losing by a single point in the semifinals to the overall regional champion. The team of Froning, Steiger, Alina Dukstanksy and Ashleigh Nguyen also had a very strong showing at the competition.
Julian Emerson coaches the trial advocacy team at practice. 21
Pro Bono Program 22
Established in 1997, the Cleveland-Marshall College of Law Pro Bono Program is one of the oldest faculty-led pro bono programs in the law community. Each year, law students contribute more than 11,000 volunteer hours to the community. Over 200 students and graduates from the past year have participated in a pro bono project during 2012-13 academic year. Through ongoing initiatives and one-day events organized by the law school, as well as Summer Public Interest Fellowships, C|M|LAW students show their commitment to “Live Justice.”
C|M|LAW students play foosball with George Washington Carver Elementary School students as part of the Big Buddies/Little Buddies program. Featured projects from the 2012-13 academic year: Live Justice Day – At the beginning of each school year, students, faculty and staff participate in a one-day event at one of a number of neighborhood organizations, including Harbor Light, the Salvation Union and the 2100 Lakeside Shelter. Driving Under Suspension Project – A popular project where hundreds of community members receive legal assistance from volunteer lawyers and law students on driving issues including suspended licenses. C|M|LAW students participated in four such clinics in 2012-13. Legal Aid Free Advice Clinics – Law students volunteer at weekly Free Advice Clinics sponsored by the Legal Aid Society of Cleveland. Taking place in a number of community centers in city neighborhoods, law students address housing issues, family law matters, immigration concerns and employment law.
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The Juvenile Court Child Support Project – Law students work with volunteer lawyers and meet with clients bi-weekly to address the child support issues of parents in Cuyahoga County under this new partnership of the Cuyahoga County Juvenile Court, Legal Aid and C|M|LAW. Big Buddies/Little Buddies – Law students mentor elementary students from the Central Neighborhood’s George Washington Carver Elementary School. The elementary students come to the law school every other Friday afternoon throughout the year and take part in fun, educational activities. The Cosgrove Center - Law students are in charge of intake at bi-monthly Legal Assistance Days sponsored by Catholic Charities. Students serve as important resources to low income city residence dealing with legal matters. Cleveland Metropolitan Bar Association’s 3Rs Program – Law students team-teach the United States Constitution in Cleveland high schools through this award-winning school-court-bar partnership.
Jason Hillman, General Counsel for the Cleveland Cavaliers, provides insights to academy students.
Great Lakes Sports and Entertainment Law Academy For the second straight year, Cleveland-Marshall College of Law hosted the Great Lakes Sports and Entertainment Law Academy, a joint venture with the Case Western Reserve University School of Law. The academy was the brainchild of C|M|LAW Executive-in-Residence Peter Carfagna, who co-directs the academy along with Craig Nard, Director of the Center for Law, Technology and the Arts at CWRU. In this three-week immersion program, students select a concentration of either sports or entertainment law and participate in corresponding courses as well as electives from the other concentration. Four courses were offered during the 2013 academy: Entertainment Law: Film and Television, Law of the Music Industry: The Artist’s Perspective, Representing the Professional Athlete, and Negotiation Strategies in Sports Management. “It’s just like you are a member of the industry for these three weeks,” explained Carfagna. “It’s as though you are an associate in a firm that represents artists, athletes or entertainers, or in the legal department for a major entertainment company.” One of the strengths of the program from which students benefit is the level of expertise each faculty member brings in his or her given field. Carfagna is Chairman/CEO of Magis, LLC, a privately owned sports marketing, management and investment company, whose portfolio includes ownership of the Lake County Captains. Mark Avsec ’83 is partner and Vice-Chair of the Intellectual Property Practice Group at Benesch, Friedlander, Coplan & Aronoff, LLP. Avsec is also an active musician who is an American Music Award winner and has been nominated for two Grammy Awards. He was a member of Wild Cherry, known for the hit song “Play That Funky Music, White Boy,” and the founding member of Donnie Iris and the Cruisers. Co-teaching the Entertainment
Law: Film and Television course are Sandra M. Ortiz, Senior Vice President of Business Affairs for 20th Century Fox Television, Tom Moglovkin, former Senior Vice President of Theatrical Business Affairs for 20th Century Fox, and David Shall, Head of Business Operations & General Counsel at Vuguru LLC. Students are also given the opportunity to hear firsthand from several other key figures in the sports and entertainment law world. This year’s guest speaker roster included Rick Chryst, Senior VP, Dietz Trott Sports & Entertainment Management; Jason Hillman, General Counsel, Cleveland Cavaliers; Jeff Orloff, COO, SPIRE Institute; John Parry, Athletic Director, Cleveland State University; Jeff Pacini, VP, Greater Cleveland Sports Commission; and Jim Tressel, former Head Football Coach of The Ohio State University. (pictured) The education experience does not stop at the end of the three-week courses for many of the Great Lakes Sports and Entertainment Law Academy students as they then have the opportunity to complete a highly sought-after externship with nationally recognized organizations including the Cleveland Cavaliers, Cleveland Browns, Lake County Captains, Greater Cleveland Film Commission and SPIRE Institute. “One of the reasons we have drawn students from all over the country is these coveted externships placements,” said Carfagna. “Our deliverable to the students is that they are ready to enter the industry, and that is unique.”
“It’s just like you are a member of the industry for these three weeks.” — Peter Carfagna
C|M|LAW Infuses Technology into Legal Education Committed to forward thinking legal education, Cleveland-Marshall College of Law recognizes the importance of maximizing educational opportunities through the use of new technology. One way C|M|LAW ensures it stays ahead of the latest trends in technology and technological-based learning, was the decision made last year to provide each newly enrolled student with a new iPad. With the advantage of having the iPad as a new technological aid in the classroom, C|M|LAW professors are exploring ways to leverage them to enhance the classroom experience. Browne C. Lewis, Leon M. and Gloria Plevin Professor of Law and Director of the Center for Health Law & Policy, has taken a lead role in implementing iPads and other technologies in her classroom. Lewis plans to expand her use of technology next year by assigning an electronic book for her Property course that students will be able to download free to their iPad, in lieu of a traditional textbook. She is also working to implement LectureTools in her classroom, a program which allows students to download an app to their iPad and provide feedback virtually in real time by adding annotations and questions to lecture materials, among other features. “Students will be able to send me questions while I am lecturing, so I can answer them as I go along,” explained Lewis about her planned use of the LectureTools program. “It will encourage students to ask questions and it will help me to teach at a pace that is comfortable for the class.” Heidi Gorovitz Robertson uses another technology-driven program that has allowed her to enhance the classroom 24
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experience. This school year she began implementing Socrative, a student response system which allows for real-time polling in her lectures. Robertson can post a question via Socrative during a lecture and students log in via their iPads or other computing device and respond with their answer or opinion. “In the past when I would say to a class, ‘who should win here,’ and they would all look around and vote based on what other people did,” explained Robertson. “With Socrative when I ask that question the results come up on the screen and we can examine how the class voted and why the vote went that way.” Robertson believes these applications are just the tip of the iceberg in how technology can be utilized in the learning and teaching process. “What we are doing with the iPads is still in the early stages,” noted Robertson. “(Utilizing iPads) is definitely an area that is expanding and I feel by next year, we’ll really be able to branch out further with new implementations.”
Faculty Promotions In March, two Cleveland-Marshall College of Law professors received promotions from the Cleveland State University Board of Trustees effective beginning with the 2013-14 academic year. S. Candice Hoke was named a Full Professor and Matthew W. Green earned the status of Associate Professor with Tenure.
S. Candice Hoke Professor S. Candice Hoke is a widely recognized national authority on laws governing election technologies (including voting devices and voter registration databases), election management, and on federal regulatory programs reflecting federalism values. Hoke presents her research in academic, technology, and election policy forums throughout the country. She has testified before Congress on federalism, aspects of health care reform legislation and on election policies needed to achieve greater public accountability. She founded and directed the Center for Election Integrity, which conducted nationally unprecedented field research on deployed voting technologies and election administration management problems. Her assessments of election technology initiatives and election practices around the nation have been frequently sought by the press including media outlets such as the New York Times, Wall Street Journal, National Public Radio and major television networks. She is a graduate of Yale Law School, where she was Senior Editor of the Yale Law Journal and co-chair of the Yale Law Women’s Association. Her most recent publications focus on election technology regulatory issues, some of which were co-authored with computer security scientists. Her prior publications focus on health care regulation, welfare/public entitlement programs, and constitutional standards for statutory preemption.
Matthew W. Green Professor Matthew W. Green joined the faculty at Cleveland-Marshall College of Law in 2008 and specializes in contracts, civil liberties and employment discrimination. He has worked in practice in these areas at two Baltimore area firms. Green writes on discrimination law, with particular focus on employment discrimination and retaliation. His article, “Express Yourself: Striking a Balance Between Silence and Active, Purposive Opposition Under Title VII’s Antiretaliation Provision,” was published in the Hofstra Labor & Employment Law Journal. His most recent article, “Family, Cubicle Mate and Everyone in Between: A Novel Approach to Protecting Employees From Third-Party Retaliation Under Title VII and Kindred Statutes,” was published in the Quinnipiac Law Review. Green received his LL.M. from Columbia University School of Law where he was a Harlan Fiske Stone Scholar; his J.D. from the University of Baltimore School of Law, magna cum laude, where he was the associate managing editor of the University of Baltimore Law Review; and his B.A. from the University of Maryland at College Park. Prior to joining the faculty at C|M|LAW, Green taught at the University of Baltimore School of Law.
Prior to joining the faculty at Cleveland-Marshall College of Law in 1994, Professor Hoke taught at Case Western Reserve University and the University of Pittsburgh. 25
Faculty on Paper
Books: Professor Susan J. Becker Susan J. Becker, C|M|LAW Professor Emeritus Lloyd Snyder and C|M|LAW faculty alumnus Jack Guttenberg published the 3rd edition of The Law of Professional Conduct in Ohio with Lexis Nexis.
Leon M. and Gloria Plevin Professor of Law Browne C. Lewis Browne C. Lewis published Papa’s Baby with NYU Press. In Papa’s Baby Lewis argued that the courts should take steps to ensure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. Lewis supplements her argument with concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. Professor Milena Sterio Milena Sterio published her first book, The Right to Self-determination Under International Law: “Selfistans,” Secession, and the Rule of the Great Powers. Published by Routledge Press, it proposed a novel theory of selfdetermination; the Rule of the Great Powers. It argued that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles.
Articles and Essays: Professor Michael J. Borden Michael J. Borden wrote Of Inside Monitors and Outside Monitors: The Role of Journalists in Caremark Litigation, which was accepted for publication by the University of Pennsylvania Journal of Business Law.
Professor David F. Forte David F. Forte has published Taking Law Seriously, a review of Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan A. Garner, in The Claremont Review of Books. Forte wrote Life, Heartbeat, Birth: A Medical Basis for Reform, which was accepted by the Ohio State Law Review. Professor Peter Garlock Peter Garlock wrote Teaching American Legal History in a Law School, which was accepted for publication by the American Journal of Legal History.
Cleveland State University
Professor Dennis Keating and Clinical Professor Emeritus Kermit J. Lind Dennis Keating and Kermit J. Lind co-authored Responding to the Mortgage Crisis: Three Cleveland Examples in the Winter 2012 issue of The Urban Lawyer. Keating and Lind write that years before the mortgage crisis fueled by subprime and predatory lending became a national crisis in 2008, this emerging disaster was ravaging neighborhoods in Cleveland, Ohio. Keating co-authored an article on New Jersey’s Mt. Laurel fair share housing, Massachusetts’ Chapter 40B inclusionary housing, and Oregon’s growth management land use policy. The article, Defending Progressive State Housing and Land Use Policies – The fates of three venerable policies on fair share housing and sustainable land use can point the way for how to support similar efforts in other states, appeared in the Summer 2012 edition of Shelterforce magazine. Leon M. and Gloria Plevin Professor of Law Browne C. Lewis Browne C. Lewis has published A Graceful Exit: Redefining Terminal to Expand the Availability of Physician Assisted Suicide, in the Oregon Law Review. Legal Writing Professor Karin Mika Karin Mika has published an article in the Cornell Human Resources Review, an online publication of Cornell’s Graduate School of Industrial Labor Relations. The article, The Benefit of Adopting Comprehensive Standards of Monitoring Employee Technology Use in the Workplace, addresses employee privacy and employer monitoring of employee use of workplace technology. Mika also published Privacy in the Workplace: Are Collective Bargaining Agreements a Place to Start Formulating More Uniform Standards? in the Willamette Law Review. Professor Alan C. Weinstein Alan C. Weinstein published an article, The Ohio Supreme Court’s Perverse Stance on Development Impact Fees and What To Do About It, in the Cleveland State Law Review. In that article, he argues that the Ohio Court’s rulings that development impact fees are lawful when enacted by municipalities but unlawful when enacted by townships is indefensible both legally and from a policy perspective. Weinstein published: The Effect of RLUIPA’s Land Use Provisions on Local Governments, in the Fordham Urban Law Journal. In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies. The article was selected to be included in the 2013 edition of Zoning and Planning Law Handbook.
Weinstein co-authored an article, The Association of Adult Businesses with Secondary Effects: Legal Doctrine, Social Theory, and Empirical Evidence, in the Cardozo Arts And Entertainment Law Journal. Weinstein also co-authored The Court’s 2012 Takings Cases, published in Real Estate Law Journal. Professor Jonathan Witmer-Rich Jonathan Witmer-Rich wrote The Rapid Rise of “Sneak and Peek” Searches, and the Fourth Amendment “Rule Requiring Notice, which was accepted by the Pepperdine Law Review.
Chapters and Contributions to Books: Professor Dennis Keating Dennis Keating served on the editorial board for the second edition of the Encyclopedia of Housing, published by Sage, and authored two of its entries, those on Displacement and Community Development Corporations. Professor Kevin F. O’Neill Kevin F. O’Neill has contributed four entries to a new two-volume Encyclopedia of the Fourth Amendment. The entries he authored were Vernonia School District v. Acton, Board of Education v. Earls, Palmer Raids, and Dog-Sniffing Searches. Professor Alan C. Weinstein Alan C. Weinstein co-authored the 2012 edition of Federal Land Use Law & Litigation, a one-volume treatise published by WestThomson Reuters. The 2012 edition of the treatise highlights the following important developments in the substantive areas of federal land use law and litigation.
Newspapers and Editorials:
Geier also commented on capital gains tax rates and their impact on the U.S. economy in a Letter to the Editor in the Wall Street Journal. Her letter responds to a WSJ editorial A Capital Gains Primer.
James A. Thomas Distinguished Professor of Law Christopher L. Sagers and Clinical Professor Doron M. Kalir Christopher L. Sagers and Doron M. Kalir filed a brief in support of certiorari in an important antitrust matter, and were joined by sixteen preeminent professors of antitrust law from around the country. In the decision McCray v. Fidelity National Insurance Company, the Third Circuit held that antitrust plaintiffs could not challenge a price-fixing conspiracy among title insurance companies in Delaware, because that state had set up a regulatory system to oversee title insurance rates. The professors’ amicus brief argues that, while this now disfavored doctrine has been applied down to the latter day in various contexts, the Supreme Court has never found it to bar federal remedies with respect to state-filed rates, and that so to hold creates a serious theoretical conflict with certain other of the Supreme Court’s antitrust case law.
Professor Deborah Geier Deborah Geier wrote a Letter to the Editor in the Wall Street Journal commenting on The Weekend Interview with Dave Camp: Is Tax Reform Politically Possible?, by Stephen Moore.
The Joseph C. HostetlerBaker & Hostetler Chair in Law Lolita K. Bucker Inniss Lolita K. Bucker Inniss published a Letter to the Editor in the Wall Street Journal. The letter was a response to an essay by Paul Tough, Opting Out of the ‘Rug Rat Race’. Inniss published a Letter to the Editor in the New York Times. The letter concerns the column The Good, Racist People, by TaNehisi Coates, about the actor Forest Whitaker, who was stopped and frisked in a Manhattan deli by a deli employee. Inniss’ Op-Ed piece appeared in The Plain Dealer. Her piece provided commentary on the cultural influences of sex, drugs, and rock and roll on laws impacting access and rights to abortion. Professor Jonathan Witmer-Rich Jonathan Witmer-Rich and C|M|LAW student Brendan Heil published an Op-Ed piece in The Plain Dealer titled Keep DNA evidence private. Their article appeared in a written pro/con debate in the Sunday opinion pages responding to the Ohio Supreme Court’s recent decision in State v. Emerson.
Associate Dean and Professor Mark J. Sundahl was appointed to the Commercial Space Transportation Advisory Committee (COMSTAC) by the U.S. Secretary of Transportation. The COMSTAC advises the Office of Commercial Space Transportation within the Federal Aviation Administration regarding new regulations governing private space activity.
Dean and Professor Craig M. Boise Craig M. Boise was elected to the Executive Committee of the Association of American Law Schools Section for the Law School Deans. Professor Susan J. Becker Susan J. Becker, participated in a webcast sponsored by the National LGBT Bar Association (an affiliate of the ABA). Professor Phyllis L. Crocker Phyllis L. Crocker’s article Not to Decide is to Decide: The U.S. Supreme Court’s Thirty-Year Struggle with One Case About Competency to Waive Death Penalty Appeals has been cited in a footnote in the U.S. Supreme Court’s decision in Ryan v. Valencia Gonzales. The Charles R. Emrick, Jr. - Calfee, Halter & Griswold Professor of Law Patricia J. Falk Patricia J. Falk’s article, Rape by Fraud and Rape by Coercion, was cited by the California Court of Appeals in The People v. Morales. Professor David F. Forte David F. Forte was re-appointed to a third term to the Ohio Advisory Committee to the United States Commission on Civil Rights. Forte was cited in Supreme Decisions: Great Constitutional Cases And Their Impact, discussing The Case of the Disappointed Office-Seeker: Marbury v. Madison (1803), among other cases. Professor Deborah Geier Deborah Geier participated in a debate on Corporate Tax Reform at the ABA Section of Taxation meeting held in Washington, D.C. Professor S. Candice Hoke S. Candice Hoke was quoted in a news story that was syndicated widely across the country regarding last fall’s election-related cyber attack in Florida. Hoke was quoted in an article in The Plain Dealer, “Electronic poll books seem conceptually simple but may be vulnerable to hacking and cyber attacks, experts say,” and in a Courier-Journal article, “Kentucky Democrats say online voting will be more secure than Florida’s vulnerable system.” Hoke appeared on WCPN’s “Sound of Ideas” radio show to discuss a proposal to change the system by which Ohio allocates its state legislative and U.S. House districts. The Joseph C. Hostetler-Baker & Hostetler Chair in Law Lolita K. Bucker Inniss Lolita K. Buckner Inniss spoke at Princeton University on James C. Johnson and the Princeton Fugitive Slave Case. Professor Dennis Keating Dennis Keating presented on the development and effectiveness of local land banks at the International Planning, Law, Property Rights Association Conference, in Portland, Ore.
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Professor Kenneth J. Kowalski Kenneth J. Kowalski assisted attorneys from the National Employment Law Project, a national advocacy organization for employment rights of lower-wage workers, in drafting a petition for certiorari in the US Supreme Court. Leon M. and Gloria Plevin Professor of Law Browne C. Lewis Browne C. Lewis has been invited to be a visiting scholar at the Hastings Center for Bioethics and the Yale University’s Interdisciplinary Center for Bioethics. Lewis served as a visiting scholar with the Vulnerability and the Human Condition Initiative and Feminism and Legal Theory Project at Emory Law School. Lewis was quoted in The Plain Dealer in an article, MetroHealth joins Cleveland Clinic and University Hospitals with policy to not hire tobacco users. Professor Emeritus Kermit J. Lind Kermit J. Lind was quoted in the Detroit Free Press in an article, Metro taxpayers foot bill as banks walk away from homes. Professor Gwen Majette Gwen Majette presented “Global Health Law Norms and the PPACA Framework to End Health Disparities” at the 34th Annual Health Law Professors Conference and the Law and Global Health Conference at the University College of London. Legal Writing Professor Karin Mika Karin Mika presented “Sight and Sound in the Legal Writing Classroom at the Western Regional Legal Writing Conference.” The presentation focused on how connecting with the students in the classroom can be enhanced by including videos and music in substantive material. Mika presented “Demarginalizing Diverse Members of the Legal Writing Classroom, at Washburn School of Law Legal Writing Institute’s One Day Workshop.” Mika presented as part of a panel, “Student Populations: Diversity and Academic Support Matters.” Mika presented “Using Color Coding to Teach Legal Analysis and Cogent Writing,” at the Southeastern Regional Legal Writing Conference at the John Marshall of Atlanta Law School. Mika presented “Memo Writing in Technicolor,” at the Rocky Mountain Regional Legal Writing Conference at the University of Colorado at Boulder Law School. Professor John T. Plecnik John T. Plecnik, Associate Dean Mark Sundahl, and Adjunct Professor James Roosa spoke to a group of entrepreneurs at the Shaker LaunchHouse as part of the Business Gateway Lecture Series. Plecnik presented “Officers Under the Appointments Clause,” at the University of Pittsburgh School of Law’s 2013 Tax Workshop.
Professor Brian Ray Brian Ray reviewed Socio-Economic Rights: Adjudication under a Transformative Constitution by Sandra Liebenberg. The review was accepted for publication in The European Journal Of International Law. Ray posted an article on i.CONnectblog, a blog sponsored by the Journal Of Constitutional Law and ConstitutionMaking. org, reviewing David Landau’s article on The Reality of Social Rights Enforcement. Associate Dean and Professor Heidi Gorovitz Robertson Heidi Gorovitz Robertson served on the organizing committee for a jointlysponsored conference on the development of shale oil and gas in Ohio. The conference, “Utica Shale: Issues in Law, Practice and Policy,” took place at C|M|LAW. Robertson presented “Hydraulic Fracturing, Mandatory Pooling, and the Role of the Dissenting Landowner,” as part of a panel on emerging issues in energy at the International Academic Association on Planning, Law, and Property Rights, in Portland, Ore. Robertson presented “Applying (some) Lessons Learned from the BP/Gulf Coast Oil Spill to the Regulation of Hydraulic Fracturing in Ohio (and Beyond)” at the Case Western Reserve University Law Review Symposium. Robertson posted blogs for Crain’s Cleveland Business, “Lessons from the Gulf: The Value of Emergency Planning,” “The fight for local control of drilling in Ohio may not be over yet” and “Ohio laws allow drillers access to land, at times over landowner objections.” James A. Thomas Distinguished Professor of Law Christopher L. Sagers Christopher L. Sagers attended a press conference in the Rose Garden, along with a day-long briefing session in the White House concerning the confirmation of federal judicial nominees. At the event, President Obama announced three nominations to the D.C. Circuit Court of Appeals, and gave his remarks on the long-running political stalemate over judicial confirmations. Sagers was called to testify before the U.S. House of Representatives, in a hearing before the Judiciary subcommittee for Regulatory Reform, Commercial and Antitrust Law.
Sagers participated on a panel at a conference, “In re Books: A Conference on Law and the Future of Books” held at the Institute for Information Law & Policy at New York Law School. Sagers blogged on the Huffington Post about Universal Music’s bid to acquire EMI and the issue of major political parties monopolizing politics. Sagers also interviewed on the internet TV channel, Huffington Live. Dean Emeritus Steven H. Steinglass Steven H. Steinglass has been appointed as Consultant to the newly-created Ohio Constitutional Modernization Commission. Steinglass participated on a panel at the Ohio Constitutional Law Seminar. The seminar, “Should there be a Convention to Revise, Alter, or Amend the Ohio Constitution,” included Steinglass’ presentation “The History and Future of Constitutional Revision in Ohio.” Professor Milena Sterio Milena Sterio presented at the 11th meeting of the U.N. Contact Group on Piracy off the Coast of Somalia, Working Group 2, in Copenhagen, Denmark. She presented to the group in her capacity as an independent academic as well as a member of the Public International Law and Policy Group, Piracy Working Group. Sterio traveled to Mauritius, a small island nation in the Indian Ocean, to participate in an international forum on Somali piracy. Sterio presented her article, The United States’ Use of Drones in the War on Terror: The (Il)legality of Targeted Killings Under International Law, at the International Criminal Law Interest Group Annual Workshop and at Wayne State Law School as a participant in the C|M|LAW/Wayne State Junior Faculty Exchange. Sterio participated in the seventh annual International Humanitarian Law Dialogs in Chautauqua, New York. Sterio participated in an online debate at IntLawGrrls.com on the International Criminal Tribunal for Yugoslavia’s Appellate Chamber overturning a guilty verdict issued by the Trial Chamber against two Croatian generals accused of various crimes against the Serbian civilian population. Sterio published a post by in Opinio Juris which she discussed a French Court of Appeals case on the potential liability of French companies for their participation in a West Bank building project.
Sterio participated in multiple episodes of the quarterly radio show, “Talking Foreign Policy,” on WCPN. Associate Dean and Professor Mark J. Sundahl Mark J. Sundahl served as the cocoordinator of the 55th Annual Colloquium on the Law of Outer Space in Naples, Italy. This Colloquium involves leading experts in the field of space law. Sundahl participated on a panel regarding the arbitration of space-related disputes at the Spring Meeting of the ABA International Law Section in Washington, D.C. Sundahl has been invited to speak at the 19th Symposium of the International Society for Greek and Hellenistic Legal History at Harvard University. Sundahl was the guest on “The Space Show,” an Internet radio program hosted by Dr. David Livingston and dedicated to recent developments in space commerce. Professor Alan C. Weinstein Alan C. Weinstein was the featured speaker on “Professor’s Corner,” a 60-minute national teleconference presented each month by the ABA Real Property, Trust and Estates Section’s Legal Education Committee. Weinstein was quoted in the Wall Street Journal in an article, First Amendment Trumps Critics of Chick-fil-A’s Views. Weinstein was a speaker in a National Teleconference on Regulating Adult Entertainment Businesses presented by the International Municipal Lawyers Association. Professor Jonathan Witmer-Rich and Clinical Professor Doron Kalir Jonathan Witmer-Rich, Doron Kalir, Brian Moriarty ’94, and a team of C|M|LAW students filed a Petition for a Writ of Certiorari with the United States Supreme Court. The petition seeks review of State v. Emerson, a recent Ohio Supreme Court decision holding that no person has standing under the Fourth Amendment to challenge the government’s use of his or her DNA profile, provided the DNA material was obtained lawfully. Witmer-Rich posted on the Lawfare blog commenting on the Sixth Circuit decision on US v. Amawi, affirming the convictions and sentences in the “terrorism” case which he originally defended at trial.
Staff Changes at C|M|LAW Over the past year, Cleveland-Marshall College of Law has welcomed several members to its outstanding administration staff.
Staff Additions Kyle Akins Communications Specialist Kyle joined C|M|LAW in December 2012 after spending the past two years as an Athletic Marketing & Communications Assistant at Lake Erie College. While working at Lake Erie, he earned a Master of Business Administration degree. Gina Huffman Assistant Director of Admissions Gina joined C|M|LAW in August 2012 after working for Cleveland State University for the past 10 years, most recently in the College of Sciences and Health Professions with students procuring Ph.Dâ€™s through the McNair Scholars Program. She earned a Master of Public Administration degree while working at CSU.
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Rebecca Matson Collection Development/ Acquisitions Librarian
Several C|M|LAW staff members assumed new responsibilities and earned new titles this academic year.
Rebecca joined C|M|LAW in September 2012 after serving as a Research Librarian at Harris Beach, PLLC and an attorney editor for Thomson Reuters/West Publishing Company. Rebecca is a graduate of the SUNY Buffalo Law School.
Ivana Batkovic is now Admission Communications Specialist
Renee S. Pienta Assistant Director of Career Planning/ Interim Director, Office of Career Planning Renee joined C|M|LAW in September 2012, was named in Interim Director, Office of Career Planning in April 2013. Prior to joining C|M|LAW, she spent over 10 years in private practice in the Cleveland area. Renee is a graduate of the Case Western Reserve University School of Law. Dan Thomas Assistant Director, Technology Operations Dan joined C|M|LAW in June 2012 after working as the Lead IT User Support Analyst at Kent State University for six years. While working at Kent State, he earned a Master of Technology degree.
Megan McFadden is now Manager, Donor Relations Amy Miller is now the Director of Student Life Elaine Terman is now Manager, Marketing and Communications
In Memoriam Sylvia Dunham For the past 25 years, Sylvia Dunham (July 2, 1958 â€“ February 6, 2013) was a friendly face at the Cleveland-Marshall College of Law library as an Administrative Assistant to the Law Library Director. Known as a person you could always count on, she was steady, dependable, efficient and responsible. Sylvia was a Cleveland native who graduated from Jane Addams High School and earned an associate degree from Dyke College, now Chancellor University. She was a loving wife to Johnny Dunham, loving mother to Nicole and Erica, and grandmother to Xavier, Kayla and Denise. Sylvia had planned to retire during the summer of 2013.
In Memoriam During the past year, Cleveland-Marshall College of Law suffered the loss of two professors emeriti who established tremendous legacies that will not soon be forgotten. Joan E. Baker Cleveland-Marshall College of Law Professor Emeritus Joan E. Baker passed away in December at the age of 81. She became a professor emeritus in 1995 and stayed involved with the law school and its students for many years. Baker joined the Cleveland-Marshall faculty in 1975, after she spent four years as an associate professor at the University of Colorado School of Law. She taught a variety of subjects including Agency, Civil Procedure, Contracts, Employment Law, Labor Law, and Women and the Law. Baker also authored numerous published articles and co-wrote a contracts casebook. Throughout her career, Baker fought for equality between men and women in the legal society. She was a founding member of the Ohio Women’s Bar Association (OWBA). Baker earned her Bachelor of Arts from Reed College, her Juris Doctor from George Washington University, and her Doctor of Law degree from Yale Law School. She began teaching as an assistant professor of law at the University of Akron and taught at the University of Pittsburgh School of Law as a visiting assistant professor of law. During her time at Cleveland-Marshall, Baker also served as visiting professor of law at the Polytechnic of Central London School of Law. Baker is survived by four nieces and two nephews.
James T. Flaherty Cleveland-Marshall College of Law Professor Emeritus James T. Flaherty passed away in November at the age of 84. He became a professor emeritus in 1999. Flaherty joined Cleveland-Marshall in 1966 as bursar and later served as an assistant and acting dean. He joined the college during a transitional period as the school was in limbo following the end of its affiliation with Baldwin-Wallace College. Flaherty helped to negotiate the school’s 1969 merger with Cleveland State University and to keep its endowment separate. Flaherty originated several programs during his tenure including the first use in the country of the Federal Work Study Program for a law school, implementing the first minority admissions affirmative action program, and the first women’s affirmative action program. He hired the school’s first minority and female professors. Flaherty played a significant role on key Grievance and Ethics committees of the local bar, served on county arbitration panels, and for several years, was the director of ClevelandMarshall’s CLE program. Flaherty was raised in Arlington, Mass., outside Boston. He enlisted in the Army and served in Korea and occupied Japan. He taught history and counseled at high schools near Boston prior to arriving at Cleveland-Marshall. At night, he earned a master’s in education and a doctorate in law at Boston College. Flaherty is survived by six children and 17 grandchildren. His wife of 56 years, Alice, passed away in February 2012.
The latest class of Cleveland-Marshall College of Law graduates was awarded degrees and encouraged to continue to “Live Justice” at the 2013 graduation ceremony in the Bert L. and Iris S. Wolstein Center. Award-wining legal affairs correspondent Nina Totenberg served as the commencement speaker. Totenberg’s reports air regularly on NPR’s critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition. Totenberg also received an honorary degree of Doctor of Law from Cleveland State University along with C|M|LAW graduate Brent Larkin ’86. Larkin has spent over 40 years as one of the foremost figures covering the Cleveland political scene and continues to be an influential force in Ohio politics. He served as Editorial Director of The Plain Dealer for 18 years and still writes a popular weekly column for the newspaper’s Forum page. Another C|M|LAW graduate, Carl Stern ’66, was honored with the Dean’s Professional Achievement Award. Stern enjoyed an illustrious career spanning more than 50 years as a journalist, government official and professor. Stern is most widely known for his work as a law correspondent for NBC News and also served as Director of Public Affairs for the U.S. Department of Justice.
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Carl Stern ’66
Brent Larkin ’86
Graduation Bash Graduating students, alumni, family and friends were given the chance to socialize with their classmates one last time at the first C|M|LAW Graduation Bash the evening prior to graduation. Sponsored by the Student Bar Association, students shared food and drinks as they celebrated their impending graduation.
C|M|LAW on the Road Cleveland-Marshall College of Law has an alumni base spanning the country and during 2012-13, C|M|LAW hosted receptions in several cities, including Chicago, Los Angeles, New York City, Orlando, Phoenix and Washington D.C. Events included visits from Dean Craig Boise and presentations from C|M|LAW faculty members.
Supreme Court Bar Admission
This past April, eight Cleveland-Marshall alumni joined Dean Craig Boise in Washington, D.C. for the unique opportunity to be sworn in to the United States Supreme Court Bar before the Supreme Court justices. Coming from Cleveland, Youngstown, Phoenix and Charlotte, N.C., the group included litigators from firms large and small, a general counsel, and a district court judge. The two-day event, which included dinner the evening before the ceremony with Dean Boise and Christopher Vasil ’75, Chief Deputy Clerk for the Supreme Court, was a remarkable occasion for the alumni who attended. “This experience was by far one of the pinnacles of my legal career,” said Steve Wasserman ’78. “It was an honor and privilege to be one of the C|M|LAW alumni who were presented for admission by our Dean.” Before the ceremony, the alumni and their guests gathered in a private room at the Supreme Court, where the Clerk of Courts addressed them, and then filed into the courtroom for the day’s proceedings. With two oral arguments that day, one by famed litigator Paul Clement, there was a full house in the Court. “Once I was seated, I overheard a familiar voice nearby
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and turned to see Nina Totenberg, legal affairs correspondent for NPR, speaking with a colleague. It was truly a surreal moment,” shared Greg Scott ’96. After Justice Sotomayor delivered an opinion on Moncrieffe v. Holder, Dean Boise moved for the admission of the eight Cleveland-Marshall alumni before the Court and Chief Justice John Roberts admitted the group to the Bar. Following the ceremony, some alumni and guests joined Elizabeth Pugh ’78, General Counsel for the Library of Congress, for a behind-the-scenes tour of the Library and the Law Library of Congress. David Mao, Law Librarian of Congress, gave a presentation on the services provided by the Library and his staff led the group through some of the rare books and general collection. “As a federal judge, this was such an incredibly rewarding experience,” commented Judge Benita Pearson ’95. “Being able to share it with my fellow Cleveland-Marshall alumni made it even better.”
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