Dayton Lawyer - Winter 2007-08

DAYTON LAWYER

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Political leanings ud joins carnegie panel examining nation’s legal education

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Autumn beauty Afternoon sun captures the brilliant red leaves of ash trees near the entrance to Keller Hall.

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UD selected by Carnegie Foundation for project to rethink law school education; recent grads gain higher pay; Gilvary Symposium to focus on immigration law; extern discovers legal needs in a crack house; and alumna pleads her case on the ice.

16 Alumni news Alumni Weekend brought together 300 people who honored five recipients for service to the School and community.

17 Roundtable Henry Smith ’93 can see the ocean from his office, a daily reminder of the importance of water to his work and the world.

Features 8 Electing to serve Professionals find their law school training prepares them for a very different career — in political service to the electorate.

12 Sharing scholarship New faculty members find support through friendships forged and advice shared. They have also found success in an important objective: professional publication on topics ranging from digital sampling to gender differences in divorce law.

The Dayton Lawyer is published twice each school year by the University of Dayton School of Law in cooperation with the office of public relations. Send comments, letters to the editor and Roundtable notes to: University of Dayton, Dayton Lawyer, 300 College Park, Dayton, OH 45469-1679.

Fax: 937-229-3063 E-mail: lawyer@udayton.edu Web: http://lawnews.udayton.edu Editor: Michelle Tedford tedford@udayton.edu Graphic designer: Gina Gray Photographer: Larry Burgess Cover photo: Greg Newman ’89, mayor of Hendersonville, N.C. Story on Page 8.

Photo by Lynne Harty

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Alumni to join students in New Orleans

“Gratitude is not only the greatest of virtues, but the parent of all the others.” —Cicero In this holiday season, I am grateful for the challenges and successes of 2007. I am excited by your response to our students’ need for scholarships, helping the School compete for highly qualified, diverse and motivated students. One family is making an immediate impact by funding a full scholarship for an outstanding UD graduate who continues law studies at UD. Others are helping us build endowed scholarships. The School needs both types of scholarships to flourish.

We are building on the Dayton tradition of teaching students a blend of theory, doctrine, skills and ethics to train lawyers who are exceptional problem solvers for their clients and communities. The Carnegie Foundation chose UD as one of 10 schools in the country shaping the future of legal education. We will share the Lawyer as Problem Solver curriculum with others and garner ideas from excellent law schools. This honor has brought UD attention in The New York Times and National Law Journal, among others.

Our students have been working hard, achieving great success at bar examinations around the country, including the third highest bar passage rate for Ohio. They also have been active in their commitment to public service. You have embraced this, working with them to plan another alternative spring break in New Orleans. Thanks to the alumni association, with leadership from Judge Mary Kate Huffman ’90, the trip will be open to alumni this year. If you can, please join us March 17-21. Call the School’s external relations office at 937-229-3793 for details.

Thank you for your loyalty. May you be blessed during this Christmas season and in the new year with health, love and much happiness.

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Lisa A. Kloppenberg Dean and Professor of Law

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Q u o t e U n q u o t e “If you succeed in bringing the ghost of Albert Scharrer back, you will improve the lawyers of tomorrow, you will make this law school a better place, and you will make the heavens more just.”

—David Greer, partner with Bieser, Greer & Landis, remembering Albert H. Scharrer, longtime criminal defense attorney and member of the School’s first faculty, at a Sept. 20 celebration in Heck Courtroom. The Hon. Walter Porter, who shared a law practice with Scharrer, and Jane Scharrer, daughter to Albert, also spoke at the remembrance.

“[I]t will be a year acceptable to the Lord when the poor are judged with justice, when the poor have good news preached to them, when the oppressed are set free, and when our earnest, dedicated human attempts at justice are so filled with the graces of the Holy Spirit that they reflect God’s priorities of both justice and mercy.” — Father Chris

Wittmann, S.M., in his homily before a congregation of judges, lawyers and professors during the Votive Mass of the Holy Spirit, or Red Mass, held Sept. 22 at the Chapel of the Immaculate Conception.

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ANOTHER O.J. STORY

— The Associated Press quoted professor Dennis Turner in a story about O.J. Simpson’s latest legal troubles: “This is a pretty shady world [where] pretty shady characters [are] dealing with each other in a pretty shady way.” More than 100 outlets, including CNN.com, ABC News. com, CBS News.com and Forbes.com, picked up the story.

War resolutions

— Professor Tom Hagel joined MSNBC’s “Hardball” July 10 to discuss politics. Host Chris Matthews asked about the effect of ads attacking incumbent Republicans for their support of the war in Iraq. “I do not know if it’s going to blow them out of the saddle,” Hagel said, “but everybody who supported the original resolution and then ultimately supported all of these funding resolutions basically is going to have to go back to the voters and justify it. ... That is why I go back to my original statement that too many of the people in Congress have dealt with this issue as politicians versus being true patriots and statesmen.”

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ATTRACTIVE PROGRAM — Two

Dayton TV stations and the Dayton Daily News profiled the School of Law’s accelerated option and how it’s attracting students like Curry Helton. Helton graduated with honors May 6 at UD Arena with one bachelor’s degree in premed and another in chemistry. The next day, he started at UD’s law school. “The professors present scenarios rather than just theory, which helps me since I may be a little short on life experience,” he said.

PATENT CONTROLS — Rob Lech, visiting professor in law and technology, commented on a technology patent case before the U.S. Supreme Court. “Once a patentee authorizes someone to make, sell or use a product, they can’t control what happens after that first sale,” Lech told InternetNews.com.

“For subsequent sales, they can’t control what other people do with it. They lose their right to prevent other sales after the first sale.”

On the air — The School’s annual

symposium in law and technology received publicity from WLW-AM, a 50,000-watt station in Cincinnati that reaches 38 states, and Ohio News Network. In another story, Ohio News Network turned to Dean of Students Lori Shaw for comments about the death penalty.

Carnegie Foundation picks UD for panel examining U.S. legal education The Carnegie Foundation for the Advancement of Teaching has chosen the UD School of Law and nine other law schools to participate in its next examination of how American law schools educate their students.

“This project is an opportunity to participate in a national dialogue with other leading law schools about how to prepare tomorrow’s lawyers to best serve society,” Dean Lisa Kloppenberg said. “We are excited to share UD’s innovations as well as benefit from the exchange of ideas.”

UD’s experiential learning through its mandatory externship program, capstones and clinics; strong legal research and writing program; program in law and technology; and emphasis on ethics and Marianist values are some of the UD innovations Kloppenberg wants to contribute to the discussion.

The Carnegie Foundation also has invited law schools at Georgetown University, Harvard University, Stanford University, New York University, City University of New York, Indiana University, the University of New Mexico, Southwestern University and Vanderbilt University.

“Each of the schools we are inviting to participate have been (among the leaders in) assessing their own curricula in recent years,” read an invitation letter from the Carnegie Foundation.

Representatives from each school met Dec. 7-8 at Stanford University in Palo Alto, Calif., to start the nearly two-year process that the foundation hopes has “a deep impact” on legal education.

Philanthropist Andrew Carnegie established the foundation in 1905 “to do and perform all things necessary to encourage, uphold and dignify the profession

of the teacher and the cause of higher education.”

The foundation’s report on legal education earlier this year said “many law students graduate with little experience working with real clients and an inadequate grounding in ethical and social issues.”

Although UD wasn’t one of the schools studied in that report, a Chronicle of Higher Education story about the Carnegie report highlighted UD, along with Harvard, Stanford and Vanderbilt, as schools that have started or will start programs geared toward addressing the report’s concerns.

Recognizing particular challenges in legal education and responding to students and employers, UD started developing its Lawyer as Problem Solver curriculum in 2003.

The International Institute for Conflict Prevention and Resolution honored the program with an award for excellence in 2006.

“The University of Dayton law school’s curriculum was chosen because the judges believed its unprecedented focus on problem solving throughout the entire curriculum should be honored for its breadth,” said Helena Erickson, senior vice president for research, development and education for the institute.

The UD program also has an accelerated option that allows students to finish in two years, instead of the traditional three years.

The word about UD’s School of Law continues to spread nationwide. More than half of the students in the 2007 entering class come from outside Ohio.

—Shawn Robinson srobinson@udayton.edu

Higher pay, prestigious positions for recent grads John Peterson ’06 always wanted to work for a large firm and, with the help of the School’s career services office, he landed a job with the New York firm of Cadwalader, Wickersham & Taft, one of the world’s leading international law firms, right out of law school.

“Cadwalader was looking for someone with a business background who also had done well in school,” Peterson said.

“Besides the firm’s reputation, the capital marPeterson kets practice group, which I am an associate in, is recognized internationally as the premier capital markets department. I am going to have the opportunity to learn from the expert attorneys at Cadwalader while working with the best clients on some of the largest deals.”

Peterson and his fellow graduates are experiencing increased success finding employment after graduation.

“For the class of 2006, the employment percentage for nine months post-graduation is 90.5 percent,” Tim Swensen, director of career services, said. In recent years, the salary for UD graduates has increased at rates above the national increase, he added.

Peterson is just one of a growing number of graduates who find positions with large firms. The number of recent graduates employed by firms of more than 100 people has doubled in the last five years.

“We are increasing the number of graduates going to large, private firms, which tends to be an indicator of how attractive our students are becoming to employers,” Swensen said.

—Anna Sexton ’07 sextonae@notes.udayton.edu WINTER 2007-08

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Living up to a legacy “I have big shoes to fill,” Mark Beatty said.

Beatty, a law student, knew being the great-grandson of the UD School of Law’s founder and first dean John C. Shea would bring high expectations.

Beatty grew up in Maryville, Ill., with the knowledge of Shea’s impressive record. Having graduated from Western Reserve with honors, Shea lost only four of 40 cases in which he represented the city of Dayton. His great composure and loyalty to the facts generated respect from his defeated opponents.

Beatty, who started at UD this August, hopes to earn the same reverence from his challengers in the courtroom.

Among the generations preceding Beatty, few knew Shea well. Shea suffered a stroke in 1932 and died in 1944 leaving his children and grandchildren with stories and records of his accomplishments.

“He is a mythic and iconic figure in our family,” Beatty said.

Beatty, a graduate of University of Missouri-Columbia, recanted stories of the professor students feared and respected.

In one of the many books about Shea in UD’s archives, Sluff of History’s Boot Soles: An Anecdotal History of Dayton’s Bench and Bar, author and lawyer David Greer describes Shea as “a stern teacher with a deep voice and penetrating stare.”

In Shea’s years as dean between 1922

Translating laws Students may see their own words become law.

A class of 14 students drafted disciplinary policies to enforce the proposed Ohio code of professional conduct for court interpreters translating for non-English speaking witnesses in trials. Students examined disciplinary codes for other states and discussed Ohio’s current use of translators with Bruno Romero, manager for the Ohio Supreme Court interpreter services program. Under the instruction of Susan Elliott, assistant professor and assistant director for public services in the Zimmerman Law Library, each student drafted a provision of a proposed disciplinary code for Ohio, which will be submitted to the Ohio Supreme Court for revision and review.

“There have been times in the past where a judge realized that a witness didn’t speak English, where he literally said to the courtroom, ‘Does anyone speak Spanish?’” Elliott said.

A conflict of interest arises, Elliott said, if the only person who can translate the witness’s words is the defendant’s brother, for example. The proposed code of ethics would require the translator to reveal the conflict but lacks a disciplinary policy to enforce this. The students’ proposal provides such procedures.

Members of the Ohio State Bar Foundation approached Dean Lisa Kloppenberg about the project. The school received a $10,000 grant from the foundation to fund it.

“We have more and more people in the state where English is not their first language,” Dean of Students Lori Shaw said. “The courts are making sure that justice is done for all, and part of that is having an adequate translating service.”

The students drafted the proposal during the weeklong intrasession, where students take a break from regular classes to intensely focus on a legal topic. “It gives students a chance to move from the regimented program and study a specific, narrow legal issue,” Elliott said.

—Rania Shakkour ’09 shakkorm@notes.udayton.edu 4

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and 1930, only one student did not pass the bar. When Shea heard about that student, he revealed a caring nature. “He drove to visit with the student and console him,” Beatty recalled.

Supported by a family of lawyers, Beatty understands how Shea could fall in love with law at an early age. Unable to pay for law school directly, Shea worked in the field as a stenographer for NCR Corp. in the office of John A. McMahon.

Beatty, who spent his summers as an undergraduate working for a construction company, a concrete company and a steel mill, can relate to the value of working hard to reach a goal.

When the law school at the University of Dayton opened, Shea decided to offer only night classes. Beatty sees his greatgrandfather’s working-class background as a major factor in his decision to accommodate working individuals who wanted to attend law school.

Shea opened the law school’s doors to other individuals who often faced adversity. Beatty noticed the law school’s first graduating classes included Irish and Jewish names, as well as women. “He knew what it felt like to be discriminated against,” Beatty said.

As Beatty makes his own way through law school, he often thinks of his greatgrandfather. “I am humbled by my relation to him. I want to just try my best, work hard, because in the end, I am not sure anyone could really fill his shoes. He just did so much.”

—Liz Sidor ’08 sidorela@notes.udayton.edu

Immigration and the law

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The rights of guest workers, and the responsibilities of the lawyers representing them, will be among the topics discussed during the 2008 Gilvary Symposium, “Justice for Strangers? Legal Assistance and the Foreign Born,” Feb. 27-28 in Joseph E. Keller Hall.

The first day’s events will focus on immigration, including sessions on the role of faith-based organizations in immigration issues, the distinction within immigrant and migrant statuses, and the history and future of immigration law. The first day’s sessions are geared for legal practitioners, social service agency employees and the general public.

The second day of sessions will provide the tools and information legal practitioners will need to best represent and counsel their clients. Topics will include spotting human trafficking, connecting clients with public services and using translators.

Dean of Students Lori Shaw said that while immigration law is its own field, practitioners in many areas of law — criminal law, civil law, estate planning — need to know how to handle the specific needs of immigrant clients. For example, a lawyer might counsel a citizen client to plead to a misdemeanor charge.

“The case is very different if you’re not a citizen,” she said.

Ohio’s growing immigrant population has created a climate where immigration legal education is necessary, Shaw said.

It’s also a topic appropriate for a Catholic university to spearhead. “Hospitality, helping a stranger — these are very Marianist and Catholic ideas,” said symposium co-director and assistant professor Jeannette Cox. The Gilvary Symposium is free and open to the public. The fee for continuing legal education credit and meals is $75 for UD law graduates, $120 for others.

Event registration and a complete event schedule is available at http:// law.udayton.edu. n

Haynie, now a second-year student, served her summer externship in the city of Cleveland’s building and housing department Q: Why search out a position in Cleveland?

It’s my hometown. My mom is the medical director for the city, so I’ve always been around the police station. I wanted to know more about the city.

Q: What did you do?

I wrote requests for search warrants. Inspectors had seen a house from the outside and now needed to see it from the inside, so I had to call the owners, the bank, the business and get consent. We filled out the forms, which inspectors took to [the] legal [department] to get the warrants.

Q: Did you go inside?

We accompanied the housing inspectors executing the search warrants. We didn’t know what to expect. They told us they had found a dead body in a house the week before. Someone else had found $10,000 in a wall.

Q: What was the scariest house?

A crack house. It was really dark because the windows were already boarded. When you first walked in, it smelled like something had died in there. It was pretty much like a haunted house. There were needles everywhere, and I was in heels and a skirt. I had to throw away my favorite black heels because I could never wear them again.

Q: What difference can lawyers make in Cleveland’s housing problem?

I lived there for 19 years. I had an inkling of how bad it was, but I never knew the legal pieces behind why Cleveland’s foreclosure rate is among the highest in the country. My supervisor was dedicated to reversing this and making sure neighborhoods turn around and families want to live there.

Change won’t stick unless you have something legal to back it up. n

Bar exam success UD law graduates taking the summer Ohio bar exam passed it at a higher rate than in any year since 2000.

More than 82 percent of all graduates taking the summer test passed it. That’s third among the state’s nine law schools.

The state average is 81.3 percent. Ohio State

University finished first, followed by the University of Cincinnati.

UD also achieved its highest rate for first-time summer test-takers since 2000 — 88.1 percent.

That’s fifth in the state and equals the state average, an achievement that School officials credit to the Road to Bar Passage program; 94 percent of students in the program passed the test.

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Destination England

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Start a women’s hockey team While in law school, Marianne Graham ’07 started the Dayton Fangs using legal lessons and skate experience.

1. Find other women who love the ice. “In Dayton, women play on men’s teams,” said Graham, a goalie who organized four female players in 2005 to become the core of the Dayton Fangs.

2. Find opponents. “I contacted every team I had ever heard of,” said Graham who, in 2002, started the Pennsylvania-Ohio Women’s Hockey Association. In a seven-hour session, the team leaders set up a constitution and by-laws. “If you don’t write a rule for it, a problem is going to come up.” Dayton joined the league in 2006.

3. Connect your passion and profession. “The number of people I’ve met playing hockey is amazing; one out of five has a connection to the law.” Case in point: Graham joined adjunct professor Charlie Russo’s men’s team when she came to Dayton.

4. Bring your legal training. “In hockey, you’re going to have to plead your case with the referee.” In an October exhibition game, the ref ignored Graham’s complaints about an abusive opponent. So Graham picked a fight with the player.

“For that offense, I should have gotten thrown out of the game. I only got four minutes, so you could say I pled it down.”

5. Give your team staying power. With a nod to Graham’s contracts class, the Fangs drafted a broad purpose statement to ensure its viability.

She filed the articles of incorporation for the team to become a nonprofit organization. “I wanted to lessen the liability of the people involved in the team.”

Photos by Skip Peterson

Last spring, Ashley Russell sat next to other first-year law students in Keller Hall, studying contract law and criminal procedure.

Last summer, she exchanged that seat for one next to Judge David Griffiths on a bench in Winchester, England, overseeing a rape case.

Russell was one of 14 students to travel on a three-week study abroad trip to Winchester, where she took professor Dennis Turner’s comparative law course.

The trip was the second Turner spearheaded for the School; the previous year, he took a group to Sorrento, Italy, for the same course.

Russell said that watching Griffiths preside over the case was an unexpected hands-on learning experience. Occasionally the judge leaned over to Russell and explained to her things that were happening in the courtroom.

“He was just so nice and humble for someone with such high status,” Russell said.

Unlike the high-drama court shows Russell is used to seeing on U.S. television, the English courtroom action was slow and sometimes boring, she said.

Americans are accustomed to seeing lawyers compete with each other like opposing sports teams. In England, the barristers (or lawyers) work together to uncover the facts of the case.

In addition to taking classes with Turner and observing the occasional court case, students interacted with other barristers, judges and solicitors Turner knows from his time living in Winchester in the mid-1990s and early 2000s.

Those interactions led to the students’ biggest lesson in comparative law: The American legal system isn’t the best or the worst out there.

“They [the British] are just as happy with their system or as jaded by their system as we are,” Russell said.

—Yvonne Teems ’09 teemsyvr@notes.udayton.edu

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Graham defends 6. Work your aggressions out on the ice. The Sunday before the bar exam, Graham was so tense she took it out on a table. Then she played hockey. “The game really helped relieve that tension.

It’s good for me to have hockey in my life.” The play paid off; she was among the more than 88 percent of her classmates who passed the summer 2007 Ohio examination. n

Photo by Judi Bottoni

Ethical realities

51: Percentage who are women 43: First-year students in the law and technology program

5: Number of countries visited

10,000: scholarship dollars

raised Sept. 29 by 81 golfers for the Carl Kessler Memorial Scholarship Fund

ALUMNI Mark Kitrick ’81 is president of the Ohio Association for Justice. Jack Proud ’04 is chair of the UD board of trustees. This fall, Diana Dickinson ’89 was named the U.S. military’s first civilian U.S. Air Force judge. Tim Young ’92 is Ohio’s public defender.

FACULTY Professor Rick Perna becomes associate dean for academic affairs Jan. 1, 2008; his predecessor, professor Harry Gerla, returns to the teaching faculty.

Professor Vernellia Randall received the Haywood Burns/Shanara Gilbert Award at the Northeast People of Color Legal Scholarship Conference. Randall held a book signing for Dying While Black in November at London Metropolitan University. Professor Dennis Greene and colleagues from the UD College of Arts and Sciences presented “Peeking Behind the Wall of Difference: Experiencing the Arts as a Vehicle for Conversation” in June during the National Conference on Race & Ethnicity in American Higher Education conference. Professor Dennis Turner’s article “Why Can’t Law Schools Be More Like Med Schools?”on the values of experiential learning appears in the November issue of The Complete Lawyer. “The Voting Rights Act and the Racial Gap in Lost Votes,” by professor Richard Saphire and co-author Paul Moke, is being reprinted in Civil Rights Litigation and Attorney Fees Annual Handbook; their paper “The Ideologies of Judicial Selection: Empiricism and the Transformation of the Judicial Selection Debate” will appear in the Spring 2008 issue of The University of Toledo Law Review. Professor Tom Hagel published revisions this fall to Ohio Criminal Practice and Procedure, Ohio Manual of Criminal Complaints and Indictments, and his three-volume Ohio Forms of Pleading and Practice. Assistant professor Jeannette Cox presented “Retain the Case or Retain the Rule that Parties Must Invoke Jurisdiction” in June at the Ohio Legal Scholarship Workshop.

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last summer by professor Fran Conte, including law school visits, legal research and lectures in South Korea, China and Vietnam

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Dean’s Classic golf tournament winning team as calculated by a bankers handicap

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Panelists talked about how to detect and deal with ethical breaches in business at the late October symposium, Unearthing Corporate Wrongdoing.

Founded this year, the School’s Project for Law and Business Ethics hosted the symposium, which attracted 65 students and 50 lawyers and business executives.

Assistant professor Eric Chaffee organized the symposium.

Mary Kate Huffman ’90, judge for the Montgomery County Court of Common Pleas and School adjunct professor, said the symposium extends what students learn in the classroom.

“This provides students with realistic application to the difficulties faced currently by businesses and the challenges that are out there,” she said. “We can provide them with the legal knowledge.

This symposium can provide them with the practical knowledge.”

Huffman added that the symposium is a good warm-up for her: She’s teaching a business ethics course winter semester.

The symposium brought a cross-section of business and law speakers from across

the country. Jon Hoak, vice president and chief ethics and compliance officer at Hewlett-Packard, spoke about ethical compliance and monitoring systems.

“It’s not enough to have the structures in place,” Hoak added. “You need to talk about them; you need to use them.”

At Hewlett-Packard, executives invite workers to bring up issues of ethical concern in person or via an anonymous telephone hotline, he said. “When it comes to … ethical compliance in general, communication is really key,” he said.

Other speakers included Steve Priest, president of the Ethical Leadership Group; Paul Fiorelli ’81, a professor at Williams College of Business at Xavier University and director for the Center for Business Ethics and Social Responsibility; and James Cummins, chair of the corporate and securities department at Waite, Schneider, Bayless & Chesley.

—Yvonne Teems ’09 teemsyvr@notes. to b y Ju udayton.edu lie

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: Birdies shot in 18 holes by the winning team of Curt Slaton ’86, Steve Wagonfeld, Dennis Patterson and Randy Stump ’84

10: Softball teams competing

Sept. 30 in the Dean’s Classic, won by team LexisNexis

300: Attendees at Alumni Weekend 2007 May 18-19

11: States they represented 56,000: Average salary for

graduates of the Class of 2006

18: Number of 2006 graduates

who work for firms of 101 or more lawyers

110: Students placed in externships in 2007

1: Students placed in externships in Ketchikan, Alaska

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Professionals find their law school training prepares them for a very different career — one in political service to the electorate.

by Yvonne Teems ’09 teemsyvr@notes.udayton.edu

Electing to serve

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Many legal professionals enter politics in fields unfamiliar to them. Not judges or prosecutors, these graduates are taking on a different responsibility — caring for a populace. As politicians, they become representatives of citizens, serving their communities and leading all of their constituents through rough waters.

Now a member of the Allegheny County Council in Pittsburgh, Burn recalls his days as mayor of Millvale, organizing the clean-up and recovery of a town that was partially washed into the Allegheny River. He remembers how another politician paid his town a visit to show support and give them hope.

Flying to Millvale following the flood, President George W. Bush told Burn to keep up his spirits because the people would look to him for guidance.

“He drew … an analogy to what he went through on 9-11,” Burn said. “The nation looked to him in a time of crisis, and the borough looked to me in a time of crisis.”

Even with a pregnant wife and child at home, Burn got up every day and walked through the town, assessing the damage and organizing repairs. At night, he dreamt about walking through town, assessing the damage, organizing repairs.

Another rainstorm hit Millvale in August this year — a “half-Ivan,” Burn said.

As councilman, he worked with other officials to organize recovery and redevelopment as well as preventative measures against future floods.

Serving a public in need is something Burn always knew he wanted to do. Practicing law would not be enough, he realized while in law school and serving as president of the student bar association and law fraternity.

“Having gone to law school and practicing for five years before taking public office was outstanding preparation to go into public service,” he said.

Still a practitioner in workers’ compensation and other plaintiff cases, Burn said phone calls from clients are identical to phone calls from constituents: They have a problem, and they need his help.

That help is needed in cities of all sizes. endersonville, N.C., is a tucked-away town of about 13,000. It attracts retirees with its mountains and mild weather. Mayor Greg Newman ’89 grew up there and went to nearby Reynolds High School with a graduating class of 200.

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ike the townsfolk heading to work, the rainstorm in Millvale, Pa., started at 9 a.m.

It rained steadily all morning, on houses and cars, on businesses and on the creek that runs through the town. It fell on people running for shelter, and it fell on the shoulders of Mayor Jim Burn Jr. ’88.

Girty’s Run swelled, spilled over its banks. As the people of Millvale finished their lunches, the flood level reached 8 feet.

The rainstorm in August 2004 was the aftermath of Hurricane Ivan. The flood it caused damaged 200 businesses and 400 homes.

“I never thought in 11 years of service I’d be sitting with first responders at 2 in the morning to form recovery (teams) to search for bodies,” Burn said.

But he did. And when people needed water, he had truckloads shipped in.

When they needed heat, he called for hot water heaters.

“There was very little sleep,” he said.

In a job like Burn’s, there often is very little sleep and very little time. A politician, Burn is one of many alumni who chose to extend the notion of service from the halls of University of Dayton School of Law to the halls of the courtroom and further into the halls of cities and legislatures across the country.

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Photos by Scott Goldsmith

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I never thought in 11 years of service I’d be sitting with first responders at 2 in the morning to form recovery (teams) to search for bodies.

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—Jim Burn Jr. ’88

When Girty’s Run (inset) flooded Millvale, Pa., Jim Burn Jr. ’88 picked up the pieces.

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I’ve tried to encourage people not to be fearful ... but make the change work for us.

Greg Newman made sure Hendersonville, N.C., maintained its small-town feel.

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Photos by Lynne Harty

—Greg Newman ’89

As a teenager, Newman ran track and cross country.

Community businesses gave him jobs for extra money: growing grapes for a local winemaker, washing dishes at a Greek restaurant.

Just as he knocked on his neighbors’ doors as a kid, asking for part-time employment, he knocked again, three decades later, asking for votes. Now Newman, as mayor, has a chance to serve the town that helped raise him.

A love of politics, Newman said, is programmed into his personality. Prior to becoming mayor of Hendersonville, he worked for a prosecutor in Ohio, where he frequently met with the governor and state representatives. He found these people — and their work serving the public — fascinating.

Last spring Newman — a partner with the general litigation firm Blanchard, Newman and Hayes — used his skills as a lawyer to help settle a city dispute that prompted citizen outrage and state involvement.

The city council voted to allow downtown building heights to reach 80 feet, up from the previous 64-foot cap. Citizens protested that the decision would transform their quaint downtown into a skyscraper-filled metropolis. The state came in and allowed the public to vote on the new rule. But Newman feared the state’s interference set a precedent that would hurt the town’s opportunities for positive changes in the future.

“I’ve tried to encourage people not to be fearful of that, but make the change work for us,” Newman said.

He took his concerns to the state capitol and negotiated a settlement that preserves the historic area of Hendersonville’s downtown while allowing for growth in other sections of the city. Newman knew he needed to sustain opportunities for growth to cultivate economic development and keep the town that people flocked to a vibrant community.

“Cities are places where you should have growth,” Newman said. “If you don’t have that kind of mindset, people will bypass you … and you’ll have stores boarded up.”

Debbie Lieberman envisioned a town center for Clayton, Ohio.

W

hile some political arenas call for the saving of buildings, others call for the building of cities.

Like the small kid in the class, Randolph Township, Ohio, was having trouble sticking up for itself in the early 1990s. The nearby city of Englewood was annexing its property but leaving the roads to the township’s care.

Help came from a woman from Indiana who had always dreamed of becoming that state’s first female senator. But after moving to the Dayton area to go to law school, Debbie Bowell Lieberman ’86 decided to make the region her home. She was appointed to the Randolph Township zoning commission in 1991 and began to understand the township’s dilemma.

Lieberman and others knew what they had to do: merge Randolph Township with the adjacent village of Clayton to form a city.

On the Randolph Township merger commission, Lieberman helped take the steps toward the community vote to create the city in 1997. Shortly after, Lieberman ran against 16 competitors for a spot on the city of Clayton commission, which she joined in 1998.

Lieberman was a pioneer for the new city, helping it defend itself against more powerful jurisdictions. In the midst of drafting the city’s rules and establishing its roots, she thought of her final exam in professor Jim Durham’s property class her first year of law school. One question was an essay: “Create a city.”

Lieberman not only helped create the city of Clayton, but she helped plan the $50 million economic development project the city is now moving forward. As president of the Montgomery County commission, which includes Clayton, Englewood, Dayton and other municipalities, Lieberman is using creative and peacekeeping skills from her past to push forward initiatives to help a challenged Ohio region.

“My second or third year of law school, I became engaged in my community,” she said. “I was much more involved here than I was back home.”

While she’s abandoned her childhood dream of becoming Indiana’s first female senator, Lieberman said the dreams that started back in Indianapolis helped push her to her position in politics today. She

‘

—Debbie Lieberman ’86

Photos by Jack Holtel

My second or third year of law school, I became engaged in my community.

’

recalls her mother taking her to political rallies and working for the mayor and her father working for Indiana governors and presidents Ronald Reagan and George H.W. Bush. Politics runs in the family.

“It was always in my life … education and politics,” she said.

Like Lieberman, many law school graduates are faced with the opportunity to serve, to defend and to save the day, as

did Millvale’s Jim Burn.

“The question for me was, ‘Do you leave, or do you stay and fight?’” Burn said of his decision to run for mayor at the age of 29.

For those whose calling is politics, the answer is evident.

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Sharing

scholar New faculty members find support and success through friendships forged and advice shared

by Michelle Tedford

Tracy Reilly and Jeannette Cox

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rship

Click.

That’s the modest sound that sends a 79page manuscript flying through cyberspace on its way to 76 journals for review.

The sound of success is much more raucous.

“You go ‘woo-hoo,’ but at a lot higher decibel,” said assistant professor Tracy Reilly, throwing her hands in the air to recreate the moment she received her first acceptance letter for the law review article “Debunking the Top Three Myths of Digital Sampling.”

A

t

And she didn’t have to wait long. “Click” happened at 6:59 p.m. in her home library in Michigan City, Ind. “Woo-hoo” came via e-mail at 8:30 p.m., followed by more shouts of joy as 15 additional offers for publication came in before she could pull it offline. She ultimately accepted an offer from Columbia Journal of Law & the Arts, the No. 2-ranked entertainment law journal in the nation.

Not bad for your first professional publication experience.

Academic writing can be a solitary experience, but the life of a young academic at the UD School of Law is anything but.

Reilly and her colleagues have found success in scholarship and the classroom by working together.

Since 2006, the School of Law has added 10 new full-time faculty members to its roster of two dozen seasoned professionals, an influx of new talent unprecedented since the school reopened in the 1970s. Retirements and the expansion of the law and technology program and curricular experiential learning opportunities have created space for the new faculty members.

While they turn to their experienced colleagues for advice and guidance, they rely on one another for the everyday emotional support and nuts-and-bolts tips that lead to acceptance letters and effective teaching.

“It really excited the senior staff and the dean that we were all getting published,” Reilly said, “because it confirms their choice in us.”

Reilly submitted her paper using ExpressO, an online service of Berkeley Electronic Press that streamlines the law review submission process. For technical help, she turned to assistant professor Jeannette Cox, who learned of the service at an Association of American Law Schools conference and from more seasoned colleagues.

While the service allows submission to hundreds of journals simultaneously, the process of choosing the right outlet for your scholarship needs to be more precise, Cox said.

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Tracy Reilly and Jeannette Cox shared each other’s stress and success in getting published.

“Determining where you place your first article dictates where you’ll publish your next article, where you build your readership base,” she said.

Cox and Reilly discussed readership, among many other things, leading up to their submissions. While the women, who both started at UD in fall 2006, work in different areas of law — Reilly teaches intellectual and real property; Cox, civil procedure, legislation and employment law — the support they could provide one another was vital.

Reilly said, “Poor Jeannette was getting e-mails from me at 4:30 in the morning…”

“I didn’t answer at 4 in the morning,” Cox interjected. “… asking her what I do if I get an offer saying you have three days and I know Columbia is out there but they’ll take five days.”

Cox found success weeks earlier when North Carolina Law Review accepted her submission “Removed Cases and Uninvoked Jurisdictional Grounds.” She offered advice on how to request an expedited review once your first offer comes in. When Reilly needed to write an extension request, Cox shared an e-mail she had successfully crafted for just such a situation.

Cox also looked to her recently hired colleagues for advice on teaching. Informal conversations with assistant professor Eric Chaffee — who uses the Socratic method of teaching — helped Cox devise the best ways to reach her students.

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“I’ve found that students learn better when they are able to work through problems,” said Cox, who now gives students class time to problem solve in small groups. “These lunches help with learning where these students are coming from, what they need and how we can craft our classes to meet their needs.”

Chaffee, whose article “Business Organizations and Tribal Self-Determination: A Critical Reexamination of the Alaska Native Claims Settlement Act” will appear in the June 2008 Alaska Law Review published by the Duke University School of Law, agreed that informal conversations are sometimes the most helpful.

“It’s nice to be going through this together,” said Chaffee, who teaches business law and criminal law courses. “We discuss the submission process for articles, the review and tenure policies, things that are successful in class.”

While they all sought advice from tenured colleagues about the optimal timing for submitting manuscripts, their own experiences were the best teachers. They had heard mid- to late August was prime time for journal submissions. Chaffee submitted early August, Cox in early September and Reilly Sept. 27 as she fretted that her window of opportunity had closed. Their universal success gave them a better time frame for next time: mid- to late September.

The lesson was also learned by Victoria VanZandt, who joined UD in 2005. As an assistant professor of lawyering skills, her scholarship requirements differ from those of her tenuretrack colleagues. But she turned to them for support of her first submission, “The Exigent Circumstances Exception to the Pre-Petition Credit Counseling Requirement Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Exigent or Extreme?” It will appear in the DePaul Business & Commercial Law Journal.

The collegiality among the recently hired faculty is important, she said, because many of them are facing the same issues at the same time. “We were all kind of walking down the hallway, finding the best ways, asking, ‘Have you heard? Have you heard?’” she said.

Working in separate areas of scholarship helps strengthen their bond by eliminating competition. Pamela Laufer-Ukeles, assistant professor who began at UD in 2006, shared her experience as a constitutional law class student.

A discussion on fighting words helped define what would become her area of academic interest.

“I couldn’t believe any word could make me want to hit someone,” she said. “It’s a woman’s perspective, and I voiced it and a hush fell over the room. Here I was at Harvard Law School admitting to a gender difference and they were horrified.”

After class, Eric Chaffee lunches with colleagues to share teaching tips.

Out of the abstract Her forthcoming publication, “Selective Recognition of Gender Difference in the Law: Revaluing the Caretaker Role” in Harvard Journal of Law and Gender, will be her third publication, meaning she has experience to share. For a substantive review of her draft, she turned to professor of lawyering skills Maria Perez Crist, who also studies family law, and professor Richard Saphire, whose scholarship includes civil rights. Similarly, Reilly turned to professors Susan Brenner and Dennis Greene for advice on what to do if her manuscript was accepted by both Columbia and Vanderbilt — which it was.

While writing the journal articles is a solitary process, the new faculty members have found that teaching and scholarship do not have to be.

“I felt like I was back in first-year law school or a law associate,” Reilly said of her experiences. “It wasn’t competition, it was in the spirit of what’s best for us and the School and how we can get the best results.” n

n “ Debunking the Top Three Myths of Digital Sampling,” Columbia Journal of Law & the Arts, March 2008, by Tracy Reilly Until the recent Sixth Circuit decision in Bridgeport Music Inc. v. Dimension Films, courts and legal scholars alike have failed to fully appreciate the true nature and consequences of allowing legally unchecked digital sampling. This decision marked the first time a court truly discerned the subtle but existent differences between sampling a musical composition and sampling a sound recording, and applied the Copyright Act accordingly. The continuing moral and ethical debate over whether sampling is “art” or merely “theft” includes three common myths about the process of sampling. A proposed solution would encourage the growing art of sampling while protecting the rights of those artists who are sampled. n “ Selective Recognition of Gender Difference in the Law: Revaluing the Caretaker Role” in Harvard Journal of Law and Gender, December 2007, by Pamela Laufer-Ukeles The theory of gender neutrality continues to dominate the law of divorce. This has created a legal system that ignores the different roles that the caretaker and primary earner perform during marriage and the corresponding burdens and benefits of caretaking. This leaves caretakers in distress at the time of divorce. As an alternative, gender difference should be recognized to promote important societal interests, such as caretaking. In divorce law, primary caretakers should have the presumption of custody at divorce and be financially supported through alimony or “caretaker support” payments. While different family contributions during marriage should be recognized as such, different contributions should result in different, but livable and dignified, consequences upon the dissolution of the marriage. n “ Removed Cases and Uninvoked Jurisdictional Grounds,” North Carolina Law Review, April 2008, by Jeannette Cox Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does not confer authority on a federal court to hear a case; a party to the case must also invoke the applicable jurisdictional ground. In a sharp break from this traditional understanding, federal courts have recently begun to exercise jurisdiction over cases based on jurisdictional grounds no party has invoked. Although this doctrinal misstep should be abandoned, its emergence may serve a useful function: It prompts re-examination of the respective roles courts and litigants play in the process of establishing federal courts’ jurisdiction. n “ Business Organizations and Tribal Self-Determination: A Critical Reexamination of the Alaska Native Claims Settlement Act,” Alaska Law Review, forthcoming, by Eric Chaffee In 1971, Congress enacted the Alaska Native Claims Settlement Act. This act required that Native American groups in Alaska form corporations to receive property and money to settle their claims to the land and resources of that state. The act represents an unprecedented experiment in Native American law. Because the act forced Alaska Natives to organize corporations, it has been the subject of great debate among Native Americans, scholars and politicians. This article explores the harms and benefits of the Settlement Act and provides substantive suggestions if similar legislation is ever proposed. n “ The Exigent Circumstances Exception to the Pre-petition Credit Counseling Requirement Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Exigent or Extreme?” DePaul Business & Commercial Law Journal, Winter 2008, by Victoria L. VanZandt The pre-petition credit counseling requirement is one of the most controversial 2005 amendments to the Bankruptcy Code. This timely commentary comes in the absence of a published, complete analysis since the 2005 amendments. The article includes the amendment’s legislative history and a comprehensive analysis of opinions addressing the amendment. Such analysis provides a useful practice guide to practitioners who attempt to understand the intricacies of the amendment and its treatment by the courts. Additionally, the article calls for a revision of the statutory language and the forms and rules associated with the statutory section.

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2007 award winners More than a name Honorable Walter H. Rice ribbed John Kessler as Kessler received his award during the Alumni Weekend luncheon. Kessler responded in similar fashion: “Judge Rice has been a good friend — a mentor. Anything I can get with his name on it, including his checkbook, is good for me.” Kessler, a graduate of the University of Toledo School of Law, received the Honorable Walter H. Rice Honorary Alumni Award. He earned the award for service to community, contributions to the legal profession and dedication to UD law students as a longtime adjunct faculty member. Kessler retired in October after 28 years on the bench of the Montgomery County Common Pleas Court and is an adjunct law professor at UD.

Photos by Julie Walling

Alumni Weekend

A L U M N I

D AY T O N L AW Y E R

Her best education During her acceptance speech for the Distinguished Alumni Award, Mary Kate Huffman ’90 thanked her friend and colleague at the Montgomery County Court of Common Pleas, John Kessler. “I am proud to have called John my friend long before I called him my colleague,” she said. On her teaching career, both at the University of Dayton and at Capital University, she said, “I have gotten so much more [from the experience] than the students possibly have.” Huffman received the professional integrity award for her work with the Ohio State, Dayton Women’s and Dayton Bar associations. She is also president of the Miami Valley Youth Soccer Association, vice president of the Ohio Youth Soccer Association, and adjunct law professor at UD and Capital University in Columbus, Ohio.

Right the first time At the alumni dinner, Trisha Duff ’91 walked to the podium to accept the posthumous Francis J. Conte Special Service Award for her father, G. Jack Davis, Montgomery County Common Pleas judge. She described her father as a gentleman and a professional. A lawyer herself, Duff said, “he taught me do things right the first time, for when would I have time to go back and do them again? He also taught me to be kind to the people I meet, because they are fighting a hard battle.” Davis’ service included chairing the Dayton bar association’s public service committee and serving on the certified grievance committee, criminal practice committee and the committee on civil trial practice.

No secret It wasn’t a surprise to Thomas P. Whelley II ’77 that he was receiving the Francis J. Conte Special Service Award — the dean had let the honor slip in a communication with Whelley. He began his speech by thanking his classmates — many of whom were in attendance for their 30th class reunion — and reminisced about their days as students in the single law classroom housed in the basement of Roesch Library. In school, Whelley dedicated his time as editor in chief of the law review. He began teaching Civil and Trial Practice Law as an adjunct professor in 1987 and has been serving students with his experience ever since.

Good listener The honor of receiving the third Francis J. Conte Special Service Award did remain a surprise to recipient Lori Shaw ’87, despite her proximity to the dean’s office — just two doors down. Shaw started teaching at UD in 1988 and became dean of students in 2003. “I appreciate the sense of community,” she said. “In my experience the UD family is not just a motto. It’s a real thing.” The students know she will listen to, work with and counsel them on personal and academic issues. “Law students sometimes need a friendly ear, to share problems or good news,” she says. “I provide a place for them to turn.”

—Liz Sidor ’08 sidorela@notes.udayton.edu

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Environmental passions

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Dan Martin ’95

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In high school, Dan Martin could be found wading through Clark County, Ohio, streams.

That’s because he was testing their pH levels for a science fair project. Before he graduated high school, Martin attended two state science fairs and published a journal article for the Ohio Academy of Science.

But Martin’s passion for the environment was equally matched by a competing passion for political science. By the time he reached college, he had to choose what path to take.

The challenges of advanced math steered him toward the latter. He pursued international studies as an undergraduate and went on to law school. Today, Martin gets to pursue both passions as an Ohio senior assistant attorney general in environmental enforcement and as a commissioner for the city of Springfield, Ohio.

“I tried to take advantage of what UD had to offer as far as environmental law,” he said. “I always had an interest in … the merging of legislation and statutes with the practical application of law.”

As supervising attorney for the hazardous waste unit, Martin handles litigation against companies that illegally damage or pollute the environment. He recalls a recent battle against a corporation in northeast Ohio that had removed trees from a wetland.

The developer wanted to build on the wetland area, and Martin participated in a seven-week hearing to defend the state’s decision to deny the company a permit to build. The case settled on the side of the state: For removing the trees, the company had to pay a $1 million civil penalty and purchase and preserve wetlands in another location.

Martin’s concern for the environment spills over into his role as city commissioner. The city is working on a development plan for land along U.S. Route 40, an idea Martin has been championing for the past seven years.

A hot development area, U.S. Route 40 will get a smattering of disorganized fast-food restaurants and strip malls, he fears, unless the city sets a plan for its future development.

Martin’s plan includes preserving green space, building walking trails and keeping old farmhouses that help maintain the community’s identity.

“I … want to preserve the character of the community,” he said.

Fortunately for Martin, preservation is in his job description.

—Yvonne Teems ’09 teemsyvr@notes.udayton.edu

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Saving lives and jets

One year out of law school, Karen Kinlin paced the courtroom as a judge advocate general, prosecuting crimes committed in the Air Force. Within a year, she was an area defense counsel defending Air Force clients facing criminal charges.

“I got the charges dropped after 10 months when a guy was accused of sexual abuse,” said Kinlin. “It turned out it was a false allegation in a messy divorce case.”

Kinlin joined the JAG Corps because of the responsibility officers are given. “As a young JAG, you get into the courtroom right away,” said Kinlin, whose father, Donald, is a retired Air Force JAG officer and was a UD adjunct law professor in the late 1970s. “You get involved with legal assistance, helping young troops, especially with wills and powers of attorney.”

She began her career in 1986 at Chanute Air Force Base in Illinois. She has advanced through the ranks to colonel while moving with her son, Brandon, eight times.

In 2004, Kinlin was assigned as the chief, civil law division, U.S. Air Force Europe Ramstein Air Base, Germany.

A year later, she was named chief, military justice division, USAFE. Her office provided oversight and advice to all U.S. Air Force European bases on military justice.

Kinlin explained that the military mirrors society. “You see the same kinds of cases, including rapes and murders,” said Kinlin, who earned a bachelor’s degree in psychology from Wright State University in 1982 and a master’s degree in military law from the Army Judge Advocate General’s School in 1996. “There was a murder in Iceland two years ago. A U.S. Air Force member was charged with killing another U.S. Air Force member. We had to deal with the Icelandic government.”

In 2006, Kinlin was assigned as the staff judge advocate of the Air Force Safety Center at Kirtland Air Force Base in New Mexico, dealing with aviation, ground, weapons and space mishap prevention. She also works on Freedom of Information Act requests.

“If there is a mishap, we do an investigation,” she said.

“If we can prevent future mishaps, we save lives and jets.”

—Heather Maurer

Karen Kinlin ’85

Giate feu feuisit auguerostrud sustinit iure feuisi tincipit at vulla faci essismo Min exer ad dit nullaore feuguer adigna facil dipsum ilit luptatet ad et wisit, consecte dip ex iustrud tatuer il utat. ero con veliquam zzrit landre magnim augue Od doloreet lan ullutpat iriure te eugiam ver commodolum dolorti onsectet amconul luptatum sustinit iure feuisi tincipit at vulla faci essismo digna feuisci tem accummy nonsed dolore dit dipsum ilit luptatet ad et wisit, consecte dip ex adignim duis do od tatie facidunt ametum dunt ero con veliquam zzrit landre magnim augue ilit lorem inim ip eliquat la feuipit nos dio et prat commodolum dolorti onsectet amconul luptatum alit prat adio er aut nit inibh eum vulla augue digna feuisci tem accummy nonsed dolore dit euguerilis nulla facil elit, vulluptat nim er acin adignim duis do od tatie facidunt ametum dunt henisim dit praessim iure magna at. Ut lum zzrilit ilit lorem inim ip eliquat la feuipit nos dio et amet prat. Nonsectet dolobore magniam eui bla prat alit prat adio er aut nit inibh eum vulla commy nim vulluptat lutation vercipit nos nulla augue euguerilis nulla facil elit, vulluptat nim er corem niamcommy nullut enismod ionsectetuer acin henisim dit praessim iure magna at. Ut lum sectem dit, quis et ulla commy nim autpat zzrilit amet prat. Nonsectet dolobore magniam luptatisim zzrit venim ipit nisl ullandr eriusto eui bla commy nim vulluptat lutation vercipit commy niamet, vulputat velit aut el iusci tet nos nulla corem niamcommy nullut enismod nulput in vulla consequatie magnismodo conseionsectetuer sectem dit, quis et ulla commy nim quat. Dui enibh et, cor sis er sum nulla conullum autpat luptatisim zzrit venim ipit nisl ullandr zzrit lorperciduis etue modiamet nostio esed min eriusto commy niamet, vulputat velit aut el iusci ulluptat. Minismodiam delessim augiam velent tet nulput in vulla consequatie magnismodo utat. Delit nulput il eraesto For your privacy,lumsan class notes areodolor si. consequat. Dui enibh et, cor sis er sum nulla Giate feu feuisit auguerostrud conullum zzrit lorperciduis etue modiamet exer ad dit nullaore feuguer adigna facil available only inMinprint issues. nostio esed min ulluptat. Minismodiam delessim iustrud tatuer il utat. augiam velent lumsan utat. Delit nulput il eraesto Od doloreet lan ullutpat iriure te eugiam ver odolor si. Giate feu feuisit auguerostrud Min sustinit iure feuisi tincipit at vulla faci essismo exer ad dit nullaore feuguer adigna facil iustrud dipsum ilit luptatet ad et wisit, consecte dip ex tatuer il utat. ero con veliquam zzrit landre magnim augue Od doloreet lan ullutpat iriure te eugiam ver commodolum dolorti onsectet amconul luptatum sustinit iure feuisi tincipit at vulla faci essismo digna feuisci tem accummy nonsed dolore dit dipsum ilit luptatet ad et wisit, consecte dip ex adignim duis do od tatie facidunt ametum dunt ero con veliquam zzrit landre magnim augue ilit lorem inim ip eliquat la feuipit nos dio et prat commodolum dolorti onsectet amconul luptatum alit prat adio er aut nit inibh eum vulla augue digna feuisci tem accummy nonsed dolore dit euguerilis nulla facil elit, vulluptat nim er acin adignim duis do od tatie facidunt ametum dunt henisim dit praessim iure magna at. Ut lum zzrilit ilit lorem inim ip eliquat la feuipit nos dio et prat amet prat. Nonsectet dolobore magniam eui bla alit prat adio er aut nit inibh eum vulla augue commy nim vulluptat lutation vercipit nos nulla euguerilis nulla facil elit, vulluptat nim er acin corem niamcommy nullut enismod ionsectetuer henisim dit praessim iure magna at. Ut lum zzrilit sectem dit, quis et ulla commy nim autpat amet prat. Nonsectet dolobore magniam eui bla luptatisim zzrit venim ipit nisl ullandr eriusto commy nim vulluptat lutation vercipit nos nulla commy niamet, vulputat velit aut el iusci tet corem niamcommy nullut enismod ionsectetuer nulput in vulla consequatie magnismodo consesectem dit, quis et ulla commy nim autpat quat. Dui enibh et, cor sis er sum nulla conullum luptatisim zzrit venim ipit nisl ullandr eriusto zzrit lorperciduis etue modiamet nostio esed min commy niamet, vulputat velit aut el iusci tet ulluptat. Minismodiam delessim augiam velent nulput in vulla consequatie magnismodo conselumsan utat. Delit nulput il eraesto odolor si. quat. Dui enibh et, cor sis er sum nulla conullum Giate feu feuisit auguerostrud zzrit lorperciduis etue modiamet nostio esed min Min exer ad dit nullaore feuguer adigna facil ulluptat. Minismodiam delessim augiam velent iustrud tatuer il utat. lumsan utat. Delit nulput il eraesto odolor si.

Od doloreet lan ullutpat iriure te eugiam ver Giate feu feuisit auguerostrud sustinit iure feuisi tincipit at vulla faci essismo Min exer ad dit nullaore feuguer adigna facil dipsum ilit luptatet ad et wisit, consecte dip ex iustrud tatuer il utat. ero con veliquam zzrit landre magnim augue Od doloreet lan ullutpat iriure te eugiam ver commodolum dolorti onsectet amconul luptatum

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18

D AY T O N L AW Y E R

digna feuisci tem accummy nonsed dolore dit adignim duis do od tatie facidunt ametum dunt ilit lorem inim ip eliquat la feuipit nos dio et prat alit prat adio er aut nit inibh eum vulla augue From his office at the University of the Virgin Islands, Henry Smith ’93 can see the ocean. euguerilis nulla facil elit, vulluptat nim er acin He can see it from his home on St. Thomas. It’s a constant reminder why he returned home, henisim dit praessim iure magna at. Ut lum zzrilit and why he never really left in the first place. amet prat. Nonsectet dolobore magniam eui bla Smith grew up on the U.S. Virgin Islands, whose three main islands total 133 square miles. commy nim vulluptat lutation vercipit nos nulla He left in the 1980s for Colorado State University, where he earned his Ph.D. in civil engineercorem niamcommy nullut enismod ionsectetuer ing — with a concentration in water. He left again almost a decade later to help Central State sectem dit, quis et ulla commy nim autpat University (in Ohio) develop an international center — a center for water resources manageluptatisim zzrit venim ipit nisl ullandr eriusto ment. He stayed a few years longer to earn his law degree at the University of Dayton — with a commy niamet, vulputat velit aut el iusci tet specialty in, of course, environmental law. nulput in vulla consequatie magnismodo conseNow vice provost for research and public service at UVI and quat. Dui enibh et, cor sis er sum nulla conullum zzrit lorperciduis etue modiamet nostio esed min director of the school’s Water Resources Research Institute, ulluptat. Minismodiam delessim augiam velent Smith combines his education and love for the environment to lumsan utat. Delit nulput il eraesto odolor si. benefit the islands he longed for on the mainland.

Giate feu feuisit auguerostrud “Our fresh and sea water are very important because we’re Min exer ad dit nullaore feuguer adigna facil a tourism-based economy. Our whole survival depends on iustrud tatuer il utat. living in a pristine environment,” he said. “The islands will Od doloreet lan ullutpat iriure te eugiam ver lose their attractiveness unless we keep them as pure and sustinit iure feuisi tincipit at vulla faci essismo environmentally sound as possible and unless we preserve dipsum ilit luptatet ad et wisit, consecte dip ex our culture.” ero con veliquam zzrit landre magnim augue Smith oversees research projects that will help the U.S. commodolum dolorti onsectet amconul luptatum digna feuisci tem accummy nonsed dolore dit territory do just that, whether it’s investigating the impact adignim duis do od tatie facidunt ametum dunt global warming will have on coral reefs or looking at ways to ilit lorem inim ip eliquat la feuipit nos dio et promote economic development and growth while preprat alit prat adio er aut nit inibh eum vulla serving the environment. And while his job is augue euguerilis nulla facil elit, vulluptat nim er mostly administrative, he frequently relies on acin henisim dit praessim iure magna at. Ut lum his legal education. zzrilit amet prat. Nonsectet dolobore magniam “It’s essential to have an engineering backeui bla commy nim vulluptat lutation vercipit ground, but it opens up a whole new world if you also have a legal background,” said Smith, nos nulla corem niamcommy nullut enismod who planned to become an environmental lawyer before a research opportunity at UVI ionsectetuer sectem dit, quis et ulla commy nim opened up. “It allows me to look at problems from a new perspective. And when I sit around a autpat luptatisim zzrit venim ipit nisl ullandr table with policymakers, people listen. It’s helped me gain added credibility.” eriusto commy niamet, vulputat velit aut el iusci tet nulput in vulla consequatie magnismodo The sailing buff and beekeeper realizes the importance of his job, calling the research a consequat. Dui enibh et, cor sis er sum nulla “very strong responsibility to the community” that will, he hopes, keep natives from fleeing conullum zzrit lorperciduis etue modiamet the islands to earn their living in bigger cities. Smith’s heart never left his birthplace. nostio esed min ulluptat. Minismodiam delessim “It’s important for persons like myself to show them they can make it,” he said. augiam velent lumsan utat. Delit nulput il eraesto —Lauren Pauer odolor si. Giate feu feuisit auguerostrud Min exer ad dit nullaore feuguer adigna facil iustrud nulput in vulla consequatie magnismodo consehenisim dit praessim iure magna at. Ut lum zzrilit commodolum dolorti onsectet amconul luptatum tatuer il utat. quat. Dui enibh et, cor sis er sum nulla conullum amet prat. Nonsectet dolobore magniam eui bla digna feuisci tem accummy nonsed dolore dit Od doloreet lan ullutpat iriure te eugiam ver zzrit lorperciduis etue modiamet nostio esed min commy nim vulluptat lutation vercipit nos nulla adignim duis do od tatie facidunt ametum dunt sustinit iure feuisi tincipit at vulla faci essismo ulluptat. Minismodiam delessim augiam velent corem niamcommy nullut enismod ionsectetuer ilit lorem inim ip eliquat la feuipit nos dio et prat dipsum ilit luptatet ad et wisit, consecte dip ex lumsan utat. Delit nulput il eraesto odolor si. sectem dit, quis et ulla commy nim autpat alit prat adio er aut nit inibh eum vulla augue ero con veliquam zzrit landre magnim augue luptatisim zzrit venim ipit nisl ullandr eriusto euguerilis nulla facil elit, vulluptat nim er acin commodolum dolorti onsectet amconul luptatum Giate feu feuisit auguerostrud Min exer ad dit nullaore feuguer adigna facil commy niamet, vulputat velit aut el iusci tet dit praessim iure magna at. Ut lum zzrilit digna feuisci tem accummy nonsed dolore dit your privacy, class notes are available only in print henisim For issues. iustrud tatuer il utat. nulput in vulla consequatie magnismodo conseamet prat. Nonsectet dolobore magniam eui bla adignim duis do od tatie facidunt ametum dunt quat. Dui enibh et, cor sis er sum nulla conullum commy nim vulluptat lutation vercipit nos nulla ilit lorem inim ip eliquat la feuipit nos dio et prat Od doloreet lan ullutpat iriure te eugiam ver sustinit iure feuisi tincipit at vulla faci essismo zzrit lorperciduis etue modiamet nostio esed min corem niamcommy nullut enismod ionsectetuer alit prat adio er aut nit inibh eum vulla augue dipsum ilit luptatet ad et wisit, consecte dip ex ulluptat. Minismodiam delessim augiam velent sectem dit, quis et ulla commy nim autpat euguerilis nulla facil elit, vulluptat nim er acin lumsan utat. Delit nulput il eraesto odolor si. luptatisim zzrit venim ipit nisl ullandr eriusto henisim dit praessim iure magna at. Ut lum zzrilit ero con veliquam zzrit landre magnim augue commodolum dolorti onsectet amconul luptatum Giate feu feuisit auguerostrudMin exer ad dit commy niamet, vulputat velit aut el iusci tet amet prat. Nonsectet dolobore magniam eui bla digna feuisci tem accummy nonsed dolore dit nullaore feuguer adigna facil iustrud tatuer il nulput in vulla consequatie magnismodo consecommy nim vulluptat lutation vercipit nos nulla adignim duis do od tatie facidunt ametum dunt utat.Od doloreet lan ullutpat iriure te eugiam ver quat. Dui enibh et, cor sis er sum nulla conullum corem niamcommy nullut enismod ionsectetuer ilit lorem inim ip eliquat la feuipit nos dio et prat sustinit iure feuisi tincipit at vulla faci essismo zzrit lorperciduis etue modiamet nostio esed min sectem dit, quis et ulla commy nim autpat alit prat adio er aut nit inibh eum vulla augue dipsum ilit luptatet ad et wisit, consecte dip ex ulluptat. Minismodiam delessim augiam velent luptatisim zzrit venim ipit nisl ullandr eriusto euguerilis nulla facil elit, vulluptat nim er acin ero con veliquam zzrit landre magnim augue lumsan utat. Delit nulput il eraesto odolor si. commy niamet, vulputat velit aut el iusci tet

Ocean views

Henry Smith ’93

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WINTER 2007-08

19

R O U N D T A B L E Giate feu feuisit auguerostrud euguerilis nulla facil elit, vulluptat nim er acin Min exer ad dit nullaore feuguer adigna facil henisim dit praessim iure magna at. Ut lum zzrilit iustrud tatuer il utat. amet prat. Nonsectet dolobore magniam eui bla Od doloreet lan ullutpat iriure te eugiam ver commy nim vulluptat lutation vercipit nos nulla sustinit iure feuisi tincipit at vulla faci essismo corem niamcommy nullut enismod ionsectetuer dipsum ilit luptatet ad et wisit, consecte dip ex sectem dit, quis et ulla commy nim autpat ero con veliquam zzrit landre magnim augue luptatisim zzrit venim ipit nisl ullandr eriusto commodolum dolorti onsectet amconul luptatum commy niamet, vulputat velit aut el iusci tet digna feuisci tem accummy nonsed dolore dit nulput in vulla consequatie magnismodo conseadignim duis do od tatie facidunt ametum dunt quat. Dui enibh et, cor sis er sum nulla conullum ilit lorem inim ip eliquat la feuipit nos dio et zzrit lorperciduis etue modiamet nostio esed min prat alit prat adio er aut nit inibh eum vulla ulluptat. Minismodiam delessim augiam velent augue euguerilis nulla facil elit, vulluptat nim er lumsan utat. Delit nulput il eraesto odolor si. acin henisim dit praessim iure magna at. Ut lum Giate feu feuisit auguerostrud zzrilit amet prat. Nonsectet dolobore magniam Min exer ad dit nullaore feuguer adigna facil eui bla commy nim vulluptat lutation vercipit iustrud tatuer il utat. nos nulla corem niamcommy nullut enismod Od doloreet lan ullutpat iriure te eugiam ver ionsectetuer sectem dit, quis et ulla commy nim sustinit iure feuisi tincipit at vulla faci essismo autpat luptatisim zzrit venim ipit nisl ullandr dipsum ilit luptatet ad et wisit, consecte dip ex eriusto commy niamet, vulputat velit aut el iusci ero con veliquam zzrit landre magnim augue tet nulput in vulla consequatie magnismodo commodolum dolorti onsectet amconul luptatum consequat. Dui enibh et, cor sis er sum nulla digna feuisci tem accummy nonsed dolore dit conullum zzrit lorperciduis etue modiamet adignim duis do od tatie facidunt ametum dunt nostio esed min ulluptat. Minismodiam delessim ilit lorem inim ip eliquat la feuipit nos dio et prat augiam velent lumsan utat. Delit nulput privacy, il eraesto alit prat adio er notes aut nit inibh eum For your class arevulla augue odolor si. Giate feu feuisit auguerostrud Min euguerilis nulla facil elit, vulluptat nim er acin exer ad dit nullaore available feuguer adigna facil iustrud henisim dit praessim iure magna at. Ut lum zzrilit only in print issues. tatuer il utat. amet prat. Nonsectet dolobore magniam eui bla Od doloreet lan ullutpat iriure te eugiam ver commy nim vulluptat lutation vercipit nos nulla sustinit iure feuisi tincipit at vulla faci essismo corem niamcommy nullut enismod ionsectetuer dipsum ilit luptatet ad et wisit, consecte dip ex sectem dit, quis et ulla commy nim autpat ero con veliquam zzrit landre magnim augue luptatisim zzrit venim ipit nisl ullandr eriusto commodolum dolorti onsectet amconul luptatum commy niamet, vulputat velit aut el iusci tet digna feuisci tem accummy nonsed dolore dit nulput in vulla consequatie magnismodo conseadignim duis do od tatie facidunt ametum dunt quat. Dui enibh et, cor sis er sum nulla conullum ilit lorem inim ip eliquat la feuipit nos dio et prat zzrit lorperciduis etue modiamet nostio esed min alit prat adio er aut nit inibh eum vulla augue ulluptat. Minismodiam delessim augiam velent euguerilis nulla facil elit, vulluptat nim er acin lumsan utat. Delit nulput il eraesto odolor si. henisim dit praessim iure magna at. Ut lum zzrilit Giate feu feuisit auguerostrud amet prat. Nonsectet dolobore magniam eui bla Min exer ad dit nullaore feuguer adigna facil commy nim vulluptat lutation vercipit nos nulla iustrud tatuer il utat. corem niamcommy nullut enismod ionsectetuer Od doloreet lan ullutpat iriure te eugiam ver sectem dit, quis et ulla commy nim autpat sustinit iure feuisi tincipit at vulla faci essismo luptatisim zzrit venim ipit nisl ullandr eriusto dipsum ilit luptatet ad et wisit, consecte dip ex commy niamet, vulputat velit aut el iusci tet ero con veliquam zzrit landre magnim augue nulput in vulla consequatie magnismodo consecommodolum dolorti onsectet amconul luptatum quat. Dui enibh et, cor sis er sum nulla conullum digna feuisci tem accummy nonsed dolore dit zzrit lorperciduis etue modiamet nostio esed min adignim duis do od tatie facidunt ametum dunt ulluptat. Minismodiam delessim augiam velent ilit lorem inim ip eliquat la feuipit nos dio et prat lumsan utat. Delit nulput il eraesto odolor si. alit prat adio er aut nit inibh eum vulla augue Giate feu feuisit auguerostrud euguerilis nulla facil elit, vulluptat nim er acin Min exer ad dit nullaore feuguer adigna facil henisim dit praessim iure magna at. Ut lum zzrilit iustrud tatuer il utat. amet prat. Nonsectet dolobore magniam eui bla Od doloreet lan ullutpat iriure te eugiam ver commy nim vulluptat lutation vercipit nos nulla sustinit iure feuisi tincipit at vulla faci essismo corem niamcommy nullut enismod ionsectetuer dipsum ilit luptatet ad et wisit, consecte dip ex sectem dit, quis et ulla commy nim autpat ero con veliquam zzrit landre magnim augue luptatisim zzrit venim ipit nisl ullandr eriusto commodolum dolorti onsectet amconul luptatum commy niamet, vulputat velit aut el iusci tet digna feuisci tem accummy nonsed dolore dit nulput in vulla consequatie magnismodo conseadignim duis do od tatie facidunt ametum dunt quat. Dui enibh et, cor sis er sum nulla conullum ilit lorem inim ip eliquat la feuipit nos dio et prat zzrit lorperciduis etue modiamet nostio esed min alit prat adio er aut nit inibh eum vulla augue ulluptat. Minismodiam delessim augiam velent

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20

D AY T O N L AW Y E R

Power player

In the U.S., Ashley Brown has to worry about getting the rules and policies right for the energy markets. In Tanzania, there’s a different problem: only 8 percent of the population has electricity, and even those who have electricity experience frequent blackouts.

“The biggest difference between working in poor, developing countries in Africa, Asia and Latin America, and in developed economies such as the U.S., is that the needs in the poorer countries are about more than just acquiring electricity,” he said.

“In the U.S., the challenge is to develop rules and regulations adequate for governing an extraordinarily complex system.”

International travel and work on issues of regulation, transmission and global supply are only part of his job as executive director of the Harvard Electricity Policy Group at the Kennedy School of Government at Harvard University, where he has worked since 1993. Brown and his colleagues at the group brainstorm rules that will produce efficient markets, high-quality service and reasonable prices.

Brown also provides counsel to the law firm of LeBoeuf, Lamb, Greene & MacRae in Boston. He came to both positions after serving two terms as commissioner of the Public Utilities Commission of Ohio.

On a business trip to Cambodia in late March, Brown worked on creating a new regulatory commission that will develop and expand the nation’s electricity network. He also corresponds with regulators from the European Union through groups such as the World Forum on Energy Regulation.

“We have a lot to learn from each other,” he said. “It’s a great opportunity to work with people from all over the world, hear diverse perspectives on the same issues, and work in cross-cultural environments and vastly different legal systems.”

Brown, who in May taught continuing legal education courses at UD on professionalism and on the judicialization of regulatory decision-making, co-wrote The Handbook for Evaluating Infrastructure Regulation in Developing Economies for The World Bank in 2006. He is the go-to person for governments with energy and infrastructure regulatory concerns.

“Harvard Electricity Policy Group gives me the interesting opportunity of working closely with policymakers and senior managers to improve the energy sector,” he said. “Our central task is to enrich the debate and help people in the sector to think through ways to make for a more efficient, more responsive, more reliable electrical system. It is a remarkable platform for trying to improve an industry that is central to the well-being of the country.”

—Caroline Miller ’07

Ashley Brown ’77

Photo by Skip Peterson

Marybeth Rutledge ’82 calls them “pioneers.”

They were members of the first graduating classes who gathered around a library table in Albert Emanuel Hall on Sunday afternoons.

“The School was so new,” she said.

“Those of us on the alumni council knew we needed to do as much as we could to form a strong law school reputation in the community and the nation.”

She’s served for 25 years on a board that now includes national representation from all decades. It’s one way she gives back. Another is through gifts to the law school building fund and the Dean’s Fund for Excellence. This is how she thanks the School for her academic experience, the legal career it launched, and the personal bonds she forged with her fellow alumni.

That collegiality and cohesiveness of purpose are two traits that continue to serve Marybeth on the board and in her Kettering, Ohio, practice with longtime adjunct law faculty member Jeffrey Winwood.

“It is important for me to see other students have the opportunity I had,” she said.

“We’re a UDSL family.”

Join her today. Call 888-253-2383 or log on to http://supportud .udayton.edu.

Or send a check to: Dean’s Fund for Excellence University of Dayton School of Law 300 College Park Dayton, OH 45469-2710

%FBO T 'VOE &YDFMMFODF GPS

Go team

Alumni and friends from LexisNexis beat out nine other teams to take first place in the Dean’s Classic softball tournament Sept. 30.

Read more about Dean’s Classic weekend golf and softball statistics on Page 7.

Photo by Julie Walling

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