GONZAGA LAW 2017
Refugees, Rights, and Responsibilities
Sex, Race, and Family on the Gulf Coast
Child Custody in LGBTQ Divorce and Dissolution
Adapting to a new life in the United States Nedira was quick to recognize World Relief for the many ways its staff has helped her family. “Refugees need a lot of help – how to do the bus, how to take care of yourself, how we can go to college, how I can improve my education,” she says. World Relief helped her with all of those things. After just four months here, she was proficient in English and landed a job as a housekeeper at Providence Sacred Heart Medical Center. She is attending school to become a certified nurse assistant while also volunteering at the World Relief office where she helps others adapt to new life in the States. Gonzaga Law is among the agencies that assist in helping refugees understand the legal culture of the U.S. Everything from traffic rules to childrearing norms can cause trouble for those unfamiliar with life in America. These – and many other customs – may be overwhelming for people who are already burdened by the situations they left behind and the traumas they likely experienced. Within a few short months of arriving in America, Nedira had learned English, secured a good job, started school and began volunteering. As remarkable as it sounds, Nedira’s story is the norm, rather than the exception, to refugees starting new lives in the U.S.*
* See pages 10 and 34 for more about Gonzaga Law’s refugee support. Cover and inside spread photos by Zack Berlat
Gonzaga Lawyer â€¢ 2017
GONZAGA LAW Gonzaga School of Law establised 1912
F E AT U R E S
Rights, and Responsibilities Megan J. Ballard
Sex, Race, and 12 Family on the Gulf Coast Jason A. Gillmer
Child Custody Issues 14 in the Context of LGBTQ Divorce
and Relationship Dissolution Kim Hai Pearson
International Human Rights 16 Gonzaga Law in Florence Dan Webster
THE TIME IS NOW TO CURB 18 EXCESSIVE MUTUAL FUND FEES Daniel J. Morrissey
20 25 32 35 38 41 43 44 48 50 54 55
Alumni Events Clinic Community Student Stories Faculty Development Faculty Speaker Series Professional Development Campaign Class Action 2017 Commencement In Memoriam
Thayne M. McCulloh
Megan J. Ballard Anna Creed Jason A. Gillmer Sarah Guzmán Daniel J. Morrissey Kim Hai Pearson Kate Vanskike Darin Watkins Dan Webster
Zack Berlat Keith Currie
Jane B. Korn Editor
Salute to our image makers
Zack Berlat, Gonzaga’s staff photographer, and Keith Currie, a Spokane freelance photographer, have their excellent work featured throughout this publication.
Jeff Geldien Faculty Advisor
Kim Hai Pearson
Tracy Martin Project Manager
Dale Goodwin Copy Editor
Alyssa Canelli, PhD
Gonzaga Law is published annually for alumni, faculty, staff and friends of Gonzaga University School of Law. Please contact the Office of Alumni Relations at 509-313-6121 or firstname.lastname@example.org if you have comments or suggestions. Visit our home page at www.law.gonzaga.edu.
Gonzaga Lawyer • 2017
A renewed dedication to civil and human rights In my six years as dean, legal education has changed and the number of law school applicants nationwide has dropped, forcing law schools to re-examine their values and missions. Gonzaga Law has addressed the decrease in a thoughtful and forthright way that positions us well for the future. We have refused to compromise on either our core values or our standards for admission. The next step in our strategic plan will ensure that Gonzaga’s bright future meets the needs of our students as well as the world’s growing need for excellent lawyers committed to civil and human rights. We see this commitment, a cornerstone of our Jesuit mission, in so many of our students who come to Gonzaga. We must nurture their desire to provide voice to the voiceless as students so that when they leave Gonzaga Law, they embrace the power, potential, and responsibility that are part of the legal profession.
We are recommitting Gonzaga Law to focus on new initiatives in civil rights, international human rights, and other programs that make manifest our mission to change the world.— Dean Korn We take the call to change the world seriously. Because of our inherent intellectual diversity, I recognize that this call can mean different things to different people. Nevertheless, I am certain that we can agree that we all bear the responsibility of making the world a better place. To this end, we have sharpened the academic rigor of our summer program in Florence and refocused it on international human rights. We have implemented our accelerated two-year J.D. program and instituted new courses that deal with the practice and business of law. We have also developed workshops to teach leadership skills — critical but atypical components of a J.D. Because our strategic plan includes increasing Gonzaga Law’s national and international presence, we are sending students and faculty into the world, in support of our Jesuit mission, to work for the rights of all who are vulnerable and to defend the needy and the poor. Along with this work, our faculty continue to share their research and expertise with their peers — around the country and around the world. Gonzaga Law is a wellspring of leaders and our careful planning will keep us at the forefront of legal thought and practice. I am proud to tell you that we have exceeded our goal of raising $10 million in our campaign to increase our endowment — an endowment that will primarily fund scholarships for Gonzaga Law students who are our profession’s future. We anticipate the next year will bring more success as we continue to raise money that is critical to providing an excellent legal education. For all that you have done to help us reach this goal, please hear my heartfelt thanks.
Jane B. Korn Dean Gonzaga Law
Jane B. Korn, Dean Gonzaga School of Law
You will notice a change in our approach with The Lawyer magazine. In addition to the articles about what is happening at the law school, we have added some excerpts from scholarly articles written by our talented faculty. Gonzaga faculty have long been committed, in true Jesuit tradition, to researching and generating knowledge on how the law intersects with many of the issues in our society. We understand there are different points of view on every issue, and we hope you will find the work of the law faculty thoughtprovoking and an interesting insight into how academics present their ideas. Faculty who are experts in their fields express views and opinions in these articles that do not necessarily reflect those of Gonzaga University School of Law.
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F E AT U R E
REFUGEES, RIGHTS, AND RESPONSIBILITIES Excerpted from, 39 U. PENN. J. INT’L L. Rev. (forthcoming 2017) Megan J. Ballard, Professor of Law
Gonzaga Lawyer • 2017
Refugees, Rights, and Responsibilities
Every year, millions of people around the world are displaced from their homes by persecution and violence. Gonzaga Professor of Law Megan J. Ballard explores legal protections for those individuals, with particular concern for post-conflict property restitution and refugee integration. President Trump, one week into his presidency, temporarily closed U.S. borders to refugees because of national security concerns. While a policy shift at the time, the United States has a past record of excluding immigrants based on race, religon, national origin, gender, and sexual orientation to protect national security and prevent cultural conflict. Many of these historical barriers to immigration have proved either unconstitutional, unwise, or both. Lawyers and others have criticized the executive order on similar grounds. At a time when record numbers of people around the globe have fled their homes due to persecution, violence, or human rights abuses, closing U.S. borders will only expose refugees to continued risks, while failing to enhance safety in the United States. Moreover, the administration’s refugee ban, coupled with Spokesman-Review photo
Rally with refugees at Gonzaga. ( Feb. 12, 2017)
its anti-immigrant rhetoric, has fueled xenophobic and racist narratives further endangering refugees who have already relocated to the United States. To the extent that resettled refugees threaten domestic security, the United Nations and others suggest that integrating newcomers into the fabric of society can mitigate this risk. The United Nations High Commissioner for Refugees (UNHCR) specifically instructs the 37 official U.N. refugee resettlement states “to facilitate the integration of refugees recognized in their country.” Through adaptation on the parts of both the host society and refugees, integration is intended to promote a resettlement state’s national security by minimizing disaffected ethnic enclaves. Many Western democracies formulated policies to facilitate this two-way integration process and build social cohesion in the early 2000s, following terrorist attacks in the United States and London. Integration also works to resolve refugees’ security concerns and ease the difficult process of resettlement. Refugees have fled from their homes because of threats to their safety. As they migrate seeking protection, their security often continues to be at risk. Resettlement provides a significant measure of safety, but resettled refugees face the enormous task of learning about the language, customs, and culture of their new home. At the same time, many newly resettled refugees contend with the longer-term effects of the violence or persecution that caused them to escape their prior communities. Adjusting to a new environment within a community unreceptive to refugees is more challenging, and can pose new threats to refugee safety. An integration process can help refugees and communities adapt, lending further protection to refugees and the societies in which they relocate. The United States has accepted more refugees than all other resettlement states combined. Despite its prior status as a haven for resettled refugees, the United States has not expressly adopted a policy of integrating newly-arrived refugees. If there is any prevailing policy that
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Refugees, Rights, and Responsibilities
guides the layers of government involved in U.S. refugee resettlement it could be articulated as economic self-sufficiency through rapid employment. This policy is nested within the broader neoliberal framework of privatizing social welfare. As such, it is consistent with other programs for the poor that link benefits to work and sanction impoverished families and individuals for failure to comply with work requirements. This article makes two sets of assertions. First, it contends that the free-market approach to resettling refugees not only fails to live up to the UNHCR integration mandate, but undermines it. It reaches these conclusions by exploring the contours and consequences of the rapid employment strategy. It then analyzes the U.S. resettlement program compared to a persuasive conceptual integration framework. The theoretical model employed identifies interdependent elements of integration, including the foundational element of “citizenship and rights” (Ager & Strang, 2008). This analysis illustrates how the U.S. rapid employment emphasis falls short of – and impairs – long-term integration. Second, the article prescribes community-based integration measures to fill the gap between inadequate U.S. resettlement policies and the UNHCR requirement that resettlement states
Hate flier posted outside the Community Building where the office of Refugee Connections Spokane is located. (March 2017)
promote integration. There likely are endless variations of community-based interactions that can meet one or more elements of integration. This article, however, focuses on workshops to provide refugees with information on their legal rights and obligations, based on the author’s experience in coordinating such programs. These programs not only help meet the UNHCR’s integration mandate, but they support even the limited economic self-sufficiency standard central to U.S. resettlement efforts. This work fortifies a weak realm within the scholarly discourse on forced migration and refugee resettlement. Analyses of integration as a refugee resettlement policy or a normative concept in the United States is thin, as are scholarly efforts to locate the United States’ emphasis on economic self-sufficiency within an integration framework. The implications of this analysis may extend beyond refugee resettlement. The two-way process of integration would likely promote the well-being and settlement of all immigrants in the United States, not just refugees. Similarly, such a process might help to alleviate the marginalization of the growing number of poor people in the United States. While these
Gonzaga Law Professor Megan J. Ballard leads a fair housing law summit for refugees. (April 29, 2017)
issues are beyond the scope of the present work, they provide fertile ground for future exploration.
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Refugees, Rights, and Responsibilities
Q&A with Professor Ballard on working with refugees What sparked your interest in refugee integration?
Did you encounter any unexpected challenges with the workshops?
When I began to volunteer for a local nonprofit â€“ Refugee
I did not anticipate the depth of curiosity about the family
Connections Spokane â€“ I learned that newly-arrived refugees
cultural norms. I had prepared for questions about what
occasionally became entangled with law enforcement
constitutes domestic violence or child endangerment.
because of unfamiliar laws. My volunteer work allowed me to
But many participants were interested in learning about
create a curriculum to teach refugees about legal rights and
parenting expectations. For example, parents wanted to
responsibilities. Working collaboratively with Community
know the appropriate age a child could date, or be left
Colleges of Spokane, I first coordinated a multilingual
home alone. Others wondered whether they would be
workshop on law and justice for refugees and immigrants in
responsible if their child did something wrong, and how
2013. I have since coordinated two others.
parents typically discipline children. So many are eager to
Participants in these workshops have been enthusiastic about learning aspects of our legal culture. Witnessing this made me think more about the resettlement experience and led to my work on refugee integration.
understand prevailing customs. I also sensed that parents were enthusiastic about this additional source of information on childrearing and family relationships. Their children often learn English and customs more rapidly through social interaction at school, but predictable tensions arise when children try to decipher prevalent parenting norms.
Can you explain how your work has incorporated the law school community? It is rare that scholarly and volunteer interests combine to facilitate a community-wide service-learning opportunity. The refugee workshops have presented such an occasion.
What can others interested in supporting the integration of refugees and other immigrants do to help? Refugee integration scholars emphasize the power of small
Volunteer lawyers, judges, students, and professors taught the substantive law in these workshops. The 2016 workshop, held at Gonzaga, incorporated nearly 50 volunteers. Over half came from the Gonzaga Law community. Many volunteers have worked with two, or even all three workshops, including students who have returned as volunteer lawyers.
acts of kindness. Those willing to lend more assistance should
This volunteer involvement has helped to facilitate the integration of refugees into the Spokane community. Refugees often are fearful of legal and other state actors. Refugees, by definition, have fled their countries because of fear of persecution by state actors, or by a person the state is unwilling or unable to control. The interactions in the workshops between refugees and legal actors contributed to a more a positive view of the U.S. legal system. The process also led volunteers from the legal community to understand more about these new members of our society.
Because language facility is so important, I have become
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connect with a nonprofit that empowers refugees. Some newcomers need help understanding public transit, or how to navigate schools for their children. Others appreciate practice with English. English language skills are critical for functioning in our society, even for gaining citizenship. certified to teach English-as-a-second language. It was a fun learning process that also strengthened my law teaching.
Refugees, Rights, and Responsibilities
Selected publications • Relaxing Legal Norms to Restore Rights to Homes and Property in the Aftermath of War, chapter in Property and Sovereignty (James C. Smith, ed., Ashgate Publishing, 2013) • Pre-Planning for Post-conflict Property Remedies: A Case Study from Georgia, 43 Geo. Wash. Int’l L. Rev. 43 (2011) • Post Conflict Property Restitution: Flawed Legal and Theoretical Foundations, 28 Berkeley J. of Int’l L. 462 (2010)
Megan J. Ballard Holds an LL.M. and a J.D. from the University of Wisconsin Law School, as well as an M.A. in Ibero-American Studies from the University of Wisconsin-Madison. Her scholarly interests include forced migration, post-conflict property restitution, and refugee law.
• Legal Protections for Home Dwellers: Caulking the Cracks to Preserve Occupancy, 56 Syracuse L. Rev. 277 (2006) • Profiting from Poverty: The Competition Between For-Profit and Nonprofit Developers for Low-Income Housing Tax Credits, 55 Hastings L. J. 211 (2003) • The Clash Between Local Courts and Global Economics: The Politics of Judicial Reform in Brazil, 17 Berkeley J. of Int’l L. 230 (1999)
Gonzaga Law Professor Megan J. Ballard with Professor Christina Mitma, Gonzaga University’s ESL Program and Northwest Fair Housing Alliance (podium), co-presenting a fair housing law summit for refugees.
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F E AT U R E
Sex, Race, and Family on the Gulf Coast An Excerpt from Slavery and Freedom in Texas Jason A. Gillmer, Professor of Law The Civil War was long over when Lourinda, Nancy, and Bishop sat down in the county courthouse in Wharton County to hear opening testimony in their suit against George W. Honey, the state treasurer. It was December 1871, and spectators had come from miles around to witness the latest developments in the ongoing dispute over the estate of John Clark, one of the wealthiest men in Texas. Everyone present was familiar with the case. A decade ago, John had died, leaving behind thousands of acres of land, over a hundred slaves, and more cattle than just about anyone in the county. Executors estimated his estate to be worth close to a half million dollars, an amount that surpassed the imaginations of practically everyone in the area. The problem was that John Clark had led a solitary life, miles away from his closest neighbor and even farther away from the life he left behind when he first ventured into the Texas wild forty years ago. Having long lost touch with his family, when he died no one stepped forward to claim the property. The local court had it inventoried and sold, including the human beings who resided on the plantation, and deposited thousands of bills and promissory notes in the state treasury.
Jason A. Gillmer is the John J. Hemmingson Chair in Civil Liberties and Professor of Law at Gonzaga University. He holds an LL.M. from Harvard Law School, a J.D. from American University, Washington College of Law, and a B.A. from Carleton College. His research and writing areas include American legal history, race and the law, and civil rights and liberties.
Word of the immense and unclaimed estate inevitably filtered out, and soon individuals from as far away as Virginia, Alabama, Indiana, and Iowa eagerly embraced the man they never knew. They spun different narratives of how they were John’s next of kin – long-lost siblings, a nephew, maybe a niece – with none admitting “to be of kin as between themselves,” lest they have to share in the estate of the “Texas Millionaire.” The tangled web of stories and legal documents brought on by their claims, however, mattered little when Lourinda and her younger sister and brother walked into court. They were John’s children, and by the laws of intestacy they said that the estate and all its proceeds belonged to them. As simple as the assertion was, the children’s case shook the foundation of some of the state’s most deeply held convictions. A spectator casting a glance toward them could easily explain why. Lourinda, Nancy, and Bishop all possessed the light brown skin and soft wavy hair that labeled them as “mulattoes,” as their mother, Sobrina, had been one of John’s first slaves. The reason for not coming forward at the time of John’s death was therefore obvious. Under the laws of Texas, children followed the condition of the mother, meaning that all three were also John’s slaves in 1861. Ten years later, at the time of the trial, their task had not grown much easier. No longer enslaved, they still faced the difficult burden of proving they were their father’s lawful heirs. This required them to demonstrate something antithetical to the laws of slavery and ideals of the time. It required them to prove that John and Sobrina had been husband and wife. Much like now, people back then were invariably drawn to scandals, particularly those that involve sex, money, and power. The children’s case involved all of that and more, pitting individuals who had known freedom for only six years against
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the powerful state treasurer. It was a first for Wharton County. In 1871, Wharton remained a small agricultural community a few days’ journey on horseback from Houston, with only a few ramshackle buildings making up the county seat, also called Wharton. Residents had not yet established a newspaper, public education was dismal, and the railroad was still years away. Yet, even as time seemingly stood still, courtroom observers were being treated to a world turned upside down. Blacks were sitting on juries, whites were struggling to be heard, and the old was fighting the new. The trial of Clark v. Honey took place in the county courthouse, a two-story building that had been the pride of the town when it was constructed before the Civil War, but now stood, like everything else in town, in need of repair. Inside the cramped and musty room, jurors and spectators shifted in their seats, trying to stay comfortable on the hard-backed wooden chairs and benches. It was a tense trial, with conflicting testimony barely hiding simmering disagreements about the future of the county. About the only thing on which people sitting in the courtroom could agree was that John Clark was different. The question was whether he was different enough to discard the sexual taboos that many residents sought to weave into the fabric of Texas life, and whether Sobrina was a willing partner in the endeavor. Following John’s journey into the wide-open frontier, with boundaries made porous by the realities of daily life, the jury came to a unanimous conclusion. One side of the courtroom erupted in cheers.
“Slavery and Freedom in Texas: Stories from the Courtroom, 1821-1871” will be released in the fall of 2017 by the University of Georgia Press in its prestigious Southern Legal Studies series. As a narrative history, it chronicles stories about real people, using their own words salvaged from trial records and court documents. It also draws upon the occasional memoir, census records, tax returns, deeds, cattle brands, and newspapers. Centered around five discrete case studies of nineteenthcentury trials, Gillmer’s book enriches our understanding of race and slavery in Texas as it transitioned from a borderland society to a republic and finally to a state. One story involves a young enslaved woman who looked white and a Choctaw Indian who claimed her as his property. Another details an early settler’s thirty-year relationship with an enslaved woman on a remote plantation, leading to an inheritance dispute following his death and the question of whether they were husband and wife. A third discusses a case that arose after an owner refused to pay an overseer who shot one of her slaves, pitting the dynamics of wealth against the dynamics of race. A fourth involves a pioneer family of color who carved out a space for themselves in the marshland of Southeast Texas, before eventually losing their status and their land as new residents moved in and “civilized” the county. The final one recalls the life of a resourceful woman of color, freed by her owner in his will, and details the relationship she fostered with her attorneys in an effort to secure her rights. Gillmer selected these cases because they involve controversies that seem anomalous given our contemporary assumptions about race and slavery. As the stories unfold and build off one another, however, they slowly come to suggest broader implications for everyday life. The law was a crucial institution in Texas, as it was elsewhere, and it helped define the parameters of participation in community life. At the same time, the vast stretches of undeveloped and underpopulated land created room on the margins for negotiation. As Gillmer’s stories show, on the rough-and-tumble frontier, the formal law of slavery often gave way to individual exception, leaving room for people to shape their communities and their relationships with one another, even as the state marched steadily in the direction of a slave society.
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Child Custody Issues
in the Context of LGBTQ Divorce and Relationship Dissolution KIM HAI PEARSON Associate Professor of Law
An excerpt from Child Custody Issues in the Context of LGBTQ Divorce and Relationship Dissolution, in LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice (Abbie Goldberg & Adam Romero, eds., Oxford University Press, forthcoming 2017).
Gonzaga Lawyer â€¢ 2017
In arguing for same-sex marriage and divorce, many LGBTQ advocates employed a
“just like you” assimilationist strategy. With respect to parenting, this strategy drew on the research to show similar outcomes for the children of same-sex couples and relying on the tangible benefits that marriage is seen to provide to families. But “just like you” assimilation strategies present a complicated opportunity to consider the implications of deploying an assimilative version of LGBTQ identities in child custody disputes. Assimilative strategies cannot offer sustainable legal protection against bias when applied to families who are, by definition, outside the norm. For those LGBTQ families who are non-normative as relative to mainstream notions of same-sex parenting (e.g., married, monogamous, mid-tohigh income), they may be in the unenviable position of explaining why they are unlike mainstream lesbian and gay married couples and still capable of being good parents. Being included within mainstream norms for parenting matters a great deal in child custody disputes because there is often an implicit, if not explicit, argument that one parent is more fit than another or that one parent’s identity characteristics are better for a child to be exposed to than the other parent’s characteristics.
“I consider how parents of color and religious parents have fared in courts when they have invoked identity as leverage for custody outcomes in order to shed light on LGBTQ advocacy possibilities.” -Kim Hai Pearson
Identity as a Positive Factor Being deemed a more fit parent by a court is not just a matter of social status, but comes with legal consequences such as more time with a child or greater decision-making ability, thereby rendering the stakes for asserting a parental identity quite high. Identity characteristics can be invoked to represent a parent’s desire to pass on beneficial family traditions (e.g., religious practices, culture, or language), which in turn serves as a proxy for good parenting and preferred childhood outcomes like educational attainments and healthy development. For years, parents with LGBTQ identities were at risk of bias and unfair child custody outcomes because of judicial bias and mistrust. Now that acceptance of LGBTQ identities has increased, I argue that LGBTQ parents may wish to invoke their identities as a positive factor during child custody disputes as other parents have done. I consider how parents of color and religious parents have fared in courts when they have invoked identity as leverage for custody outcomes in order to shed light on LGBTQ advocacy possibilities... I discuss representative cases of parents who deploy racial, religious, and LGBTQ identities to illustrate how courts consider a child’s best interest in light of a parent’s identity. This section highlights how courts tend to treat a parent’s religious identity claim with deference, unless there is evidence that a parent’s beliefs or practices harm a child. When courts take a parent’s race into account, the tendency is to protect against overt racial bias, such as treating one parent as more fit because of race or the race of an intimate partner. However, when parents ask courts to support positive racial identity development in the form of passing to children cultural/ethnic traditions connected to race, courts tend to view race as a malleable trait that can be easily developed by either parent. In contrast, LGBTQ parents have been forced to demonstrate that simply having an LGBTQ identity does not endanger their children. The outlook is better now for LGBTQ parents because of scientific evidence that their children’s outcomes are good, but there are limits to defining the value of LGBTQ parenting by how closely parenting behavior and children’s outcomes hew to idealized heterosexual parents.
Kim Hai Pearson completed a Law Teaching Fellowship at the Williams Institute at UCLA School of Law, a J.D. at J. Reuben Clark Law School at Brigham Young University, and an M.A. from the University of Utah. Her research and writing areas include identity, family law, children, LGBTQ, race, and religion. LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice will be available later in 2017.
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International Human Rights Gonzaga Law in Florence Since Gonzaga Law’s tagline is “Where Justice Serves,” then the axiom for the summer Gonzaga Law in Florence program should be “Where Justice Serves – Across the Globe.”
Mike Pellicciotti (‘04 J.D.) was in the first Gonzaga Law in Florence class. He describes it as “one of the highlights of my Gonzaga Law experience.”
Building on the university’s undergraduate Gonzaga-in-Florence program founded in 1964, Gonzaga Law in Florence students analyze legal issues from an international perspective. From its inception, the summer academic program as proposed by Professor (now Emeritus) John Morey Maurice fostered a specific intent.
“Students go to Florence after spending countless hours in the traditional law school environment,” Pelicciotti said. “The program gives them a chance to appreciate that the world is greater than just the confines of the law school. It helps re-center students at just the right time.”
“The vision of the director and founder was to create a summer study-abroad experience for law students with a focus on social justice and human rights,” said Professor Mary Pat Treuthart. Professors Thomas “Speedy” Rice, John Maurice, and Mary Pat Treuthart and other former faculty comprised the program’s initial core.
Over the years, several faculty members have guided the program, from Professors Maurice and Treuthart, through the current director, Professor Brooks Holland. They have coordinated a program with courses such as International Human Rights, Comparative Criminal Law, and Comparative Women’s Rights. Perhaps more importantly, they and other faculty have helped cultivate in students both a sense of the larger world and the skills it takes to succeed as lawyers in a global environment.
When Gonzaga Law in Florence began in May 2003, students and faculty benefitted not only from the beauty of Italy but also from the expertise of European legal scholars and advocates. Faculty at the Fiesole-based European University Institute presented lectures on environmental justice and women’s rights, and other visiting legal experts taught about how UNICEF protects children’s rights, and how Rome’s Comunità di Sant’Egidio conducts its worldwide work on peace and reconciliation. Classes were held initially in the historic Palazzo Antinori, the Antinori family’s palace. A year later, following the program’s move to a more modern building, students attended classes in the new location – near the scenic Piazza San Marco and within view of the city’s landmark: the stately Duomo of the Cattedrale di Santa Maria del Fiore. The blend of history, beauty, and intellectual rigor centered on social justice and human rights was, and remains, the perfect mix for law students seeking to extend their worldview.
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“One of the greatest strengths of Gonzaga Law in Florence is how multi-dimensional its value is – academic, professional, cultural, and personal,” Holland said. “But for me, one of the most enduring values has been how the program builds character in our students.” Those character-building lessons, Holland said, come not just from new academic elements of the program, such as a Human Rights Symposium and an International Mediation Competition, but also from other experiences that studying abroad offers: adjusting to new living and work situations, and learning how to cope with diverse people, languages, and communities. Holland added, “Strong character, and the good judgment it produces, is often what separates the most successful lawyers.”
One of the greatest strengths of Gonzaga Law in Florence is how multi-dimensional its value is – academic, professional, cultural, and personal.... — Brooks R. Holland Professor of Law Director - Gonzaga Law in Florence
The Gonzaga Law in Florence program provides an opportunity for Gonzaga Law students to study comparative and international law in the center of Florence, Italy. The Gonzaga-in-Florence campus is in the heart of the cultural and historical center of the city. Steeped in the commitment to global justice and the connections between the interdependent systems of international law, the Gonzaga Law in Florence program provides students the opportunity to study internationally in a fully ABA-accredited school.
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THE TIME IS NOW TO CURB
EXCESSIVE MUTUAL FUND FEES
DANIEL J. MORRISSEY Professor of Law The Obama administration adopted a regulation last year to set a higher standard for brokers and financial advisers who sell retirement investments. The previous law only required that such plans be suitable for needs of their purchasers. The new regulation would go beyond that to place a fiduciary duty on those who pitch these programs, in effect, guarding against abusive practices and excessive fees that drain away the savings of many Americans. Over the lifetime of the average working couple, those charges total $150,000, all taken from funds they will need in their later years. More baby boomers are retiring every year and looking to enjoy longer life spans. Yet what type of economic security will they have after their working years end? For many of them, Social Security benefits are a pittance, averaging just $1,400 per month. And most significantly, the defined benefit pension plans that companies used to provide their employees have dried up. They have been replaced by self-funded programs like 401(k)s and IRAs that usually require individuals to regularly contribute portions of their income to firms known as mutual funds that manage pools of investors’ money. Ninety million individuals now own shares in such companies and there are more than 9,500 of them holding in excess of $18 trillion in assets. The Vulnerability of Retirement Accounts Consequently, it is of the highest importance that mutual funds be honestly run and that the economic reserves that ordinary folks have committed to them be administered with care. As with all situations when managers are entrusted with other people’s money, however, the possibilities for fraud and chicanery are ever present. In fact, mutual funds and their affiliates annually charge an astronomical amount for their services, $100 billion, all of which comes from the resources entrusted to them by their investors. As one well-regarded financial journalist summed up this distressing situation, “Wall Street is bleeding these savers dry.” There are several reasons why retirement accounts are vulnerable to these harmful practices. First, the fees charged by mutual funds
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are calculated to provide substantial income to those running them, with a minimum of disclosure to investors. John Bogle, the renowned founder of the Vanguard family of funds laid out what he called the “simple arithmetic” that makes those abuses possible: “The overarching reality is simple. Gross returns in the financial market minus the costs of financial intermediation equal the net returns actually delivered to investors.” What are those charges? The base fee paid to the adviser who manages a fund is set as a percentage of its net asset value which can range from 1 to 2 percent of its holdings. Yet that may only be the beginning. As Bogle again puts it, you can add to that “marketing expenditures, sales loads, brokerage commissions, legal and transaction costs, custody fees and security processing expenses.” As a result, if a fund makes an annual return of, say, 5 percent but charges its shareholders 2 percent of that for its aggregate fees, the investors net just 3 percent. Uncovering Fees Compounding that problem are two additional unsavory aspects of these arrangements. Although the Securities and Exchange Commission requires that mutual fund fees be disclosed, they are almost impossible for the ordinary investor to dig out and evaluate. One commentator described that situation as “farcical,” pointing out that fees are often “squirreled away on obscure websites visited only by a handful of investors and understood by fewer.” As famed law and economic scholar Judge Richard Posner has noted, competitive pressures therefore cannot be relied upon to check adviser compensation any more than they can rein in ever-increasing remuneration paid in the overall financial services industry. In addition, the governing structure of mutual funds provides no real curb on such unjustifiable fees. These investment companies are almost always set up by individuals or firms who appoint their directors. Not surprisingly, they reciprocate by naming the fund’s founder as its investment adviser. Then annually, as required by law, they meet to determine whether that contract should be
renewed. Predictably, the directors who receive handsome fees for their part-time work never fire underperforming advisers and replace them with new ones. Such an arrangement is so replete with conflicts that one commentator has called it a prime example of “business incest.”
These fees include marketing expenditures, sales loads, brokerage commissions, legal and transaction costs, custody fees, and security processing expenses.
The Difficulty of Regulation Congress made an initial attempt to regulate mutual funds and their advisers by enacting two pieces of legislation in 1940, The Investment Company Act and The Investment Advisers Act. With awareness of the on-going problems with this industry, Congress again acted in 1970 to amend those statutes by specifically placing a fiduciary duty on fund advisers “with respect to the receipt of compensation for [their] services.” It backed that up by creating an express right of action for any shareholder to remedy violations of that obligation. For a while then it looked as if these excessive fees could be policed through litigation. A 1982 decision from a federal appellate court, however, set a high bar for success there by requiring a showing that such compensation had to be “so disproportionately large that it bears no reasonable relationship to the services rendered.” Yet a recent opinion from the Supreme Court, the 2010 case Jerry N. Jones et al. v. Harris Associates L.P. (130 S. Ct. 1418), offers a more welcoming attitude toward those actions. While skillful lawyers are needed to prosecute cases against advisers who take excessive compensation and the directors who condone those unfair arrangements, it will be better, of course, if such abuses never occur in the first place. The new fiduciary standard will go a long way to assuring that. Editor’s note: In August the Department of Labor declared an 18 month moratorium before the Fiduciary Rule will go into effect. As of now, its fate is therefore uncertain.
Reprinted with permission from the National Law Journal, Jan. 30, 2017 edition of the “PUBLICATION”© 2017 ALM Media Properties, LLC. All rights reserved.
Professor Daniel J. Morrissey is the former Dean of Gonzaga Law. He holds both a bachelor’s degree (Phi Beta Kappa) and a law degree from Georgetown University. He worked as an attorney in the enforcement division of the Securities and Exchange Commission in Washington, D.C. and Los Angeles. He became a tenured law professor at the University of Tulsa, and was appointed dean at St. Thomas University School of Law in Miami before coming to Gonzaga. His research and writing areas include corporate securities law and jurisprudence.
Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 - email@example.com.
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Mary Fairhurst (‘84 J.D.) sworn in as Chief Justice of the Washington State Supreme Court As one of her first official acts as Chief Justice, Mary E. Fairhurst swore in Justice Barbara A. Madsen (’77 J.D.), the former Chief Justice since 2009 and fellow Gonzaga Law alumna, who had just been re-elected to a six-year term. Mary E. Fairhurst (‘84 J.D.)
Elected in 2002, Fairhurst began serving as a justice on the Washington Supreme Court in 2003. She felt she had come home because she started her legal career in the Supreme Court as a judicial clerk, working first with Chief Justice William H. Williams in 1984 and then with Justice William C. Goodloe until 1986. For the intervening 16 years, Justice Fairhurst served in the Washington Attorney General’s Office. She worked with Attorneys General Christine Gregoire (’77 J.D.) and Ken Eikenberry. She specialized in the areas of criminal justice, transportation, revenue, and labor. When she left, she was serving as the Division Chief of the Revenue, Bankruptcy and Collections Division. In 1998, Attorney General Gregoire gave the Steward of Justice Award to Fairhurst.
Fairhurst earned her law degree magna cum laude from Gonzaga School of Law in 1984, and her undergraduate degree in political science cum laude from Gonzaga in 1979. She also received an honorary Doctor of Laws degree from Gonzaga in 2006. She received the Distinguished Judicial Service Award and Myra Bradwell Award from Gonzaga Law School. She was a member and served as president of the Gonzaga Law School Board of Advisors and served as president of the Gonzaga Law School Alumni Association.
Gonzaga Law Alumna on the Washington State Supreme Court: Chief Justice Mary E. Fairhurst (’84 J.D.), Justice Barbara A. Madsen (’77 J.D.), and Justice Debra L. Stephens (’93 J.D.).
Meagan Flynn (‘92 J.D.) appointed to the Oregon Supreme Court Justice Meagan Flynn (‘92 J.D.) was appointed to the Oregon Supreme Court by Govenor Kate Brown and sworn in on April 4, 2017. Flynn has served as a judge on the Oregon Court of Appeals since 2014. Meagan Flynn (‘92 J.D.)
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She became the third woman currently serving on the seven-member Oregon Supreme Court. In a statement, Governor Brown called Flynn “fairminded and compassionate.”
How a Box of Chocolates Convinced Sen. Cortez Masto to Run for Office U.S. Senator Catherine Cortez Masto (‘90 J.D.) defeated Representative Joe Heck in 2016 to fill the seat of Senator Harry Reid, the Democratic minority leader, who retired after serving for three decades. For Catherine Cortez Masto (’90 J.D.), there has been a consistent theme in her journey to being elected the first Latina United States Senator. During her time as a Gonzaga Law student, Cortez Masto found herself steeped in Jesuit pedagogy. Through various clinical opportunities, she followed the call to find justice for those who are often underrepresented. The spark of servant leadership was ignited. “A Gonzaga education provided me with the tools necessary to fight for the voiceless,” she recently wrote.
placed in me to represent them and solve problems in Washington. I will fight tirelessly for the causes I campaigned on: fixing our broken immigration system while keeping families together, defending women’s health and rights, investing in education, protecting the retirement security of our seniors, fighting discrimination, and getting secret unlimited money out of our democracy. My number one priority will be building a stronger economy with new jobs, growing wages and tax fairness for the middle class so that every hard-working family has a shot at success.”
As a young attorney in Nevada, Cortez Masto recalls the precious moment when her need to serve became a calling to leadership. In an interview with Elle magazine, Cortez Masto describes how a simple, sweet gift convinced her to run for office. “I did one pro bono case for this couple who were trying to save their property. We won the case, and we parted at the courthouse and then about two or three weeks later, the woman came to thank me in my office,” said Cortez Masto. “She gave me a small box of chocolate-covered cherries.”
A Defining Moment For Cortez Masto, this would become her bellwether moment and define her career path to Nevada’s State Attorney General’s Office, and now to the U.S. Senate. “I’ve never forgotten it. It just made such an impression on me. I realized that was what I was missing – fighting for vulnerable people who were looking for somebody to stand up for them.” Her humble approach to service has resonated with the people of Nevada. Last January, this call was never greater than when she placed her hand on the Bible and swore the oath of office to the U.S. Senate, as a member of the 115th Congress.
Vice President Joseph Biden, right, administers the Senate oath of office to newly-elected Sen. Catherine Cortez Masto during a mock swearing-in ceremony on Capitol Hill in Washington D.C., as the 115th Congress convened.
She wrote of that experience: “I am honored to be Nevada’s next Senator, and today’s swearing-in has been an aweinspiring and humbling reminder of the trust that Nevadans
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Of Passion and Profession Fred Rivera (’93 J.D.) named Executive VP and General Counsel for the Seattle Mariners Fred Rivera’s passion for baseball began as a budding all-league high school prospect in Los Angeles. He played at Santa Monica College and coached at Bel Air Preparatory High School. Baseball has always been a part of his life. As it turned out, Rivera’s true calling wouldn’t be on the mound or in the dugout, behind the plate or along the baseline. It would be in the courtroom. After graduating magna cum laude from Gonzaga Law in 1993, Rivera began his legal career as a trial attorney in the Civil Rights Division of the U.S. Department of Justice. After five years with the DOJ, the law firm Perkins Coie convinced him to join its Seattle office. For the better part of the next 18 years, Rivera built a strong reputation as an attorney, climbed the ranks to partner, and became co-chair of the firm’s financial services litigation and investigations practice. For two years, he would also serve as vice president in charge of internal investigations at Fannie Mae (2006-2008). In 2013, he was named the managing partner of Perkins Coie’s Seattle office and was recognized in the 2013 U.S. News-Best Lawyers in America® list.
I have been involved in baseball since I can remember... - Fred Rivera Amid those professional responsibilities, Rivera still made time for baseball. He recently coached a Seattle select team of under-13year-old players to the Washington state championship. He also travelled with his under-12-year-old players back to Cooperstown for a national tournament where they placed fifth out of 120 teams. Not to be left in the dugout, Rivera has played competitively in the Puget Sound Senior Baseball League. He also is a member of the ownership group of the AAA Tacoma Rainiers. So when the Seattle Mariners found themselves in need of general counsel, Fred Rivera was the perfect heavy hitter. “Fred brings a wealth of experience in all aspects of the law, and an insider’s perspective of the game of baseball. We are fortunate to have been able to lure him away from one of the top firms in the nation to join the Mariners executive team,” said Kevin Mather, Seattle Mariners president and COO. The job will not be easy. Rivera is now responsible for overseeing all of the club’s legal affairs, both in the baseball and business operations of the franchise. He also oversees government relations at the federal, state, and local levels.
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Frederick Rivera (‘93 J.D.)
“I have been involved in baseball since I can remember, from playing through college – and more recently in senior leagues – to coaching at the high school and youth level, and representing the Mariners in player arbitrations,” said Rivera. Rivera’s passion for baseball even influenced his choice of law school. “Having grown up in Los Angeles, I was anxious to live in a smaller community for at least a short period of time to experience a different, more affordable lifestyle. Spokane offered a small town feel and was extremely affordable,” said Rivera. “I had some interest in exploring a career in sports law. Jim McCurdy offered a sports law class at Gonzaga and co-authored what I believe was, at that time, the only sports law text book.” The duality of his life has now been enjoined into one, melding his experience on the baseball diamond into his time in the courtroom. Rivera has found a way to marry his greatest calling with his lifelong passion. “While I went to law school with at least a hope of being involved in the sports industry at some point, my career path took me in a different direction,” he explains. “However, when this opportunity first surfaced I quickly recognized this as my dream job. And my experience managing the largest law office in Seattle, overseeing an important function at Fannie Mae, and my passion for baseball prepared me for this opportunity.”
2016: A Class of Distinction Now that the balloons, the cheers, the hugs and the bar exam are over, what has happened to the graduates in Gonzaga Law’s Class of 2016? Angela Jones came to Gonzaga as a member of the Accelerated J.D. Program after working within education for more than 15 years. Before matriculating, Jones served as the director of employment and conciliation services in the Spokane Public Schools’ human relations department. “At an early age my father drilled into my heart the responsibility to make the world better for the next generation. While he talked of responsibility in the context of my African American and Filipina ancestry, I have always viewed this charge with my greater community in mind,” she explains. Now, Jones is the Vice President for University Advancement and Executive Director for the Eastern Washington University Foundation. Two members of the Class of 2016, Monika Gruszecki and Kendall Byrer, both interned with Gonzaga Athletics’ compliance department as law students. Now, Byrer works in NCAA compliance at the University of North Dakota and Gruszecki works in compliance with the NCAA headquarters in Indianapolis. After graduation, Monika competed in the 2016 Olympic Track & Field Trials in women’s javelin and then took and passed the February bar exam. Both Gruszecki and Byrer followed in the footsteps of Morgan Dyrek (‘13 J.D.) who also interned with Athletics as a Gonzaga Law student and now is the director of athletic compliance at the University of Southern California.
Angela Jones (‘16 J.D.)
The J.D. Advantage Adrian Mejia has a “J.D. advantage” career – one where a law degree, rather than a law license, is either required or a definite asset. Mejia works on Title VI nondiscrimination compliance for the Washington State Department of Transportation. He joins classmate Anjali Bhatt who works for DOT as a strategic planning and policy specialist. Sarah Elsden, Caleb Hatch, and Brandon Dockins serve as federal judicial clerks in the Eastern District of Washington. Two of them clerk for Chief Judge Thomas O. Rice (‘86 J.D.) and one for Judge Robert Whaley. Danielle Shyne returned to her home state of Montana to clerk for the Honorable Mike McGrath, Chief Justice of the Montana Supreme Court and member of Gonzaga Law’s Class of 1975. Seven additional members of the Class of 2016 are working in either state appellate or trial court clerkships. Brian Hardtke is among a dozen 2016 graduates working in western Washington, where he serves as the Director of Policy and deputy counsel for the Pierce County Executive, Bruce Dammeier. Kristen Gelbach Blankenship and Michael Kelly also migrated to the west side. Blankenship is an associate with Patterson Buchanan Fobes & Leitch, P.S., in Seattle where she practices civil litigation and education law. Kelly is in practice at Phillips Burgess, PLLC, in Tacoma, where he spends his time on business and real estate transactions.
Brian Hardtke (‘16 J.D.)
After joining Gonzaga Law as a member of the school’s first Accelerated J.D. Program, Jaime Cuevas Jr. took a traditional job as an associate with the Yakima office of Stokes Lawrence. He recently assisted on his firm’s partnership with the ACLU of Washington on a successful Voting Rights Act case in Pasco where Cuevas spent a considerable portion of his childhood. “As a Latino who grew up in Pasco, continued on next page
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Class of 2016 continued
I felt extremely proud to be a part of the litigation group that worked on this case,” Cuevas reports. Growing Interest in Health Care Law As a law student, Michela Keefe Seth had a strong interest in health care law and interned with Kootenai Health, a regional medical center that provides services to patients in North Idaho and the Inland Northwest. Kootenai Health hired Seth as an attorney after her graduation. Seth is one of a number of recent Gonzaga Law grads working in the field of health care law. Other members of the Class of 2016 are working around the nation and its territories. Camille Howard-Mackay is with the family law firm of Carr Woodall in South Jordan, Utah, where she enjoys the challenges of finding manageable solutions in family law cases. Isaac Potter is an associate in the Billings office of Crowley Fleck, PLLC, a firm that serves clients in Montana, North Dakota, and Wyoming. His practice focuses on insurance bad faith litigation, intellectual property, as well as commercial, employment, and environmental litigation. In southern California, Vince Brunello is an associate with the 30-plus attorney, multi-office civil litigation firm of Gates, O’Doherty, Gonter & Guy, LLP. Jon Ramos headed to Guam to work with Cabot Mantanona, LLP, a full-service law firm that handles complex civil litigation as well as transnational business transactions and complex criminal defense cases. Additional members of this class are practicing throughout Idaho, Oregon, Arizona, Nevada, Washington, D.C., and Hawaii.
Whether you are looking to hire a law student intern or a new attorney, or would like assistance with your own career transition, our Center for Professional Development is available to serve our alumni. Gonzaga Law alumni keep spreading throughout the nation. Let us know if you would like to meet with them. Laurie A. Powers, J.D. Director Center for Professional Development
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Pierce Jordan (1L) and Conner Sabin (1L)
Jordan, Sabine Win Clarke Cup The William Clarke Cup is an annual rite of passage for Gonzaga Law’s first-year students and is, arguably, one of the best ways to spend a gray February in Spokane. Since this intra-school competition is open to only first-year students, it is the first chance 1Ls have to jump into the intellectual whirlwind that is moot court. This year, 22 teams competed and the field whittled itself down to the final two teams. Pierce Jordan and Connor Sabin won the Cup and impressed the judges with their understanding of the constitutional issues in the competition problem and the cogency of their arguments. Anthony Bandiero won the honor of Best Speaker with Conner Sabin as runner-up Best Speaker. The Clarke Cup marks the second time that Sabin and Pierce paired up for a competition. Earlier in the school year, they teamed up for the Negotiations Competition — and won that too.
Clarke Prize in Legal Ethics Social media takes center stage Gonzaga Law’s annual program on legal ethics includes a CLE component and also introduces the winners of the year’s Clarke Family Legal and Professionalism Writing Competition. On April 27, 2017, the Legal Ethics and Technology program featured a panel that discussed the ways in which social media’s interface with current law and legal procedures gives rise to new ethical questions. The panel included the Hon. Laurel Siddoway, Andrea K. George, David Perez, and David Torres (‘86 J.D.). Professor Brooks R. Holland, who holds the Curran Chair in Legal Ethics and Professionalism at Gonzaga Law, moderated. The panel analyzed a hypothetical case in which a defense attorney instructed her paralegal to “sanitize” her client’s (Geoff Spicoli’s) Facebook and Instagram sites after he was in a car accident with Arnold Hand. Hand accused Spicoli of being “high or drunk at the accident scene” after alleging Spicoli failed to stop and yield at a stop sign and collided with Hand. Spicoli’s Instagram and Facebook accounts were rife with posts that described his love of tasty waves and a cool buzz and documented his alcohol and marijuana use and his irresponsibility when under the influence. One photo from the day of the accident showed Spicoli posing at the beach with his surfboard and was captioned, “The water is blue and the grass is green. Hey, Bud, let’s party!” Along with cleaning up Spicoli’s sites, the defense attorney instructed her paralegal to repost more wholesome images. The panel agreed that the defense lawyer’s conduct was problematic. David Torres, an AV Preeminent Rated attorney (by Martindale-Hubble) in California with over 150 felony trials in state and federal court under his belt, explained that making these changes to Spicoli’s social media sites, both by removing and adding content, could work against Spicoli. “The number one question, what does the other side have?” said Torres. “Because if you begin to dismantle a particular website and begin to eliminate photographs… ultimately it may come up that they have this information.” Panelist David Perez, a litigator with Perkins Coie in Seattle whose work in constitutional and consumer protection law has given him substantial experience before the Federal Trade Commission and the U.S. Supreme Court, noted: “Every post on social media sites that is relevant to your case can be seen as a public admission.” He cautioned that, “The question involves if the practice becomes deceptive.” Andrea George, the executive director of Federal Defenders of Eastern Washington and Northern Idaho, echoed Perez’s concerns, stating that, “If you’re not fair, the information is going to come back to bite you.”
Panel discusses new ethical considerations for how social media interfaces with legal procedures.
The panel also discussed how far an attorney should go in exploring the social media sites of not only litigants, but also potential witnesses. In the hypothetical, the paralegal created a new page for Spicoli in order to collect information or get access to the social accounts of the judge and potential jurors in his case. The panel addressed whether it was appropriate for continued on next page
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Clarke Prize in Legal Ethics continued the judge in this hypothetical to use the internet to explore factual issues that she, the hypothetical judge, felt the parties had not adequately developed in court. Judge Siddoway, who sits on Division III of the Washington State Court of Appeals, spoke about the concerns she has for this kind of potential misuse. “It certainly has triggered a strong debate at the appellate level because I think for the most part we should not be getting on the internet and researching facts,” she said. “I think it’s a violation of judicial ethics to do that.”
Judge Laurel Siddoway Washington State Court of Appeals Division III
It certainly has triggered a strong debate at the appellate level because I think for the most part we should not be getting on the internet and researching facts.
- Hon. Laurel Siddoway Division III Bench Washington Court of Appeals
The hypothetical problems, while at times humorous, did bring to light critical challenges courts and lawyers are facing today. “We are really fortunate that Gonzaga is able to bring such knowledgeable and engaging volunteer panelists into this program each year,” Holland observed after the conference. “The only disappointment,” Holland noted, “was how few people recognized the ‘Fast Times at Ridgemont High’ theme I used for our discussion problem, the case of Hand v. Spicoli!”
Andrea K. George (panelist), Robert Wright (student 1st place), David Perez (panelist), Courtney Gillihan (student 2nd place), Eric Andrews (student 3rd place), Hon. Laurel Siddoway, David Torres, Brooks R. Holland, moderator and Gonzaga Law Professor
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The event wrapped up with the award of the Clarke Prize in Legal Ethics to second-year student Robert Wright for his analysis of the ethical issues in Hand v. Spicoli. First place carries with it a prize of $5,000 and publication of the winning paper in the Gonzaga Law Review. Second place went to third-year student Courtney Gillihan, and third place to Eric Andrews, also a third-year student. The Ethics CLE and generous writing competition for students are both made possible by The Harvey and Harriet Clarke Fund for Professionalism and Ethics. This fund, which was endowed in the late 1980’s, was designed to support the law library, as well as Gonzaga Law School’s continued commitment to teaching and promoting professionalism and ethics for both law students and lawyers.
Attorney General Ferguson discusses legal strategy behind Washington v. Trump “To all you law students, be ready. In our office, most of the lawyers [involved in the Immigration Travel Ban challenge] have under 10 years legal experience.” - Washington Attorney General Bob Ferguson It was standing room only as Gonzaga Law hosted Washington State Attorney General Bob Ferguson in a discussion about the presidential executive order regarding immigration and Washington’s legal actions that led to a temporary injunction. Ferguson led Washington to become the first state to formally challenge President Donald Trump’s executive order restricting immigration from seven mostly Muslim countries. During those proceedings, the Department of Justice contended the President should have “unreviewable authority to suspend the admission of any class of aliens.” Ferguson’s team disagreed, and successfully challenged that the ban placed an undue burden on Washington businesses, colleges, and citizens, by narrowly targeting a group of individuals over their religion or country of origin. A federal judge agreed, and issued a temporary injunction until the full issue could be argued in court. Ferguson is no stranger to challenging the White House. He sued the Obama administration twice over worker safety and waste cleanup issues at the Hanford Nuclear Reservation.
Attorney General Ferguson has a captive audience at the Gonzaga Law Barbieri Courtroom.
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Diversity’s Challenge to Democracy We must ask more of our politicians and our politics DEAN VINCENT ROUGEAU
Dean and Professor Vincent Rougeau, the 2017 Judge Justin L. Quackenbush Lecture speaker, asked a simple question about immigration: “Why would you have come to America?” Rougeau, dean of Boston College Law School, spoke to a crowd of law students, professors, attorneys, and members of the local, state and federal judiciary on April 4, 2017, about “Diversity’s Challenge to Democracy.” Rougeau noted that in Europe, the human migrations that have brought new diversity to the continent have also sparked right-wing populist responses that have challenged political order and long-settled understandings of democratic and constitutional principles in European democracies. Seeing similar trends emerging in America, Rougeau argued that solutions to America’s difficulties in integrating new immigrant groups into our country lie within the American people.
“The key may be to remind ourselves of what drove these people to want to come here in the first place. In most cases, you will find they were motivated by reasons and values we all share.” - Rougeau
“The key may be to remind ourselves of what drove these people to want to come here in the first place,” he said, “In most cases, you will find they were motivated by reasons and values we all share.” America’s long-standing role as a melting pot dates from its earliest foundations. Rougeau believes that while immigrant groups may have differing economic or political reasons for leaving their homes, a common thread remains among most immigrants – a quest to find a place that offers them a chance at dignity for themselves and for their families. When we discuss immigration, Rougeau argued, we tend to forget our own immigrant roots. As a result, we lose empathy for those who have come to America after us even though they are seeking what many of our forebearers sought: a better future. But Rougeau sees a bright spot. America’s cities are used to the
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rapid changes in population that come with wave after wave of new immigrants, and they have adapted to the cultural changes, many with great success. It’s this growth and flexibility, argued Rougeau, that has been critical to the growth of our country and what has helped our economy to thrive. Finally, he noted that we should work to negotiate a “noisy” democratic pluralism. As we do this, we may find that religion once again plays a role as we attempt to foster a sense of the common good across the wide sweep of cultures that are now part of the fabric of American life. In particular, he saw Catholic social teaching as offering important values that many would share. “We all should believe in standing up for the dignity of family, for educational opportunity and decent healthcare for all, for a shared commitment to the protection of the earth, and in protecting the most vulnerable among us,” he said. Rougeau is a vocal advocate for legal education reform. An expert in Catholic social thought, his current research and writing consider the relationship between religious identity and notions of democratic citizenship and membership in an increasingly mobile global order. He serves as Senior Fellow at the Contextual Theology Centre in London, where he researches broad-based community organizing, immigration and citizenship in the UK as part of the Just Communities Project. Intended to honor the achievements of Judge Justin L. Quackenbush (’57 J.D.) by featuring a variety of talented speakers, this lecture series was inaugrated in 2010 and is supported by the federal judges of Eastern District of Washingon. The lecture series has featured a variety of speakers including Judge Alex Kozinski, former dean of Stanford Law School Kathleen Sullivan, Boston College Law School Dean Vincent Rougeau, and the most highly cited living law professor, University of California at Berkley Dean Erwin Chemerinsky. The Quackenbush Lecture gives the Gonzaga Law community the chance to engage with some of the brightest legal thinkers in the country and reflect on larger issues of the power and responsibility of the legal profession.
Red Mass honors Judge Quackenbush Each year as the new academic year unfurls, the Gonzaga Law community comes together to celebrate Red Mass. This celebration, which has roots as far back as 13th century France, is a fixture on Gonzaga Law’s calendar and is an occasion for judges, lawyers, law students and court officials of all faiths that gives celebrants the chance to reflect on the power and responsibility of all members of the legal profession. Red Mass 2016 presented an opportunity for University President Thayne M. McCulloh and Gonzaga Law Dean Jane B. Korn to honor the Honorable Justin L. Quackenbush, senior judge in the U.S. District Court for the Eastern District of Washington, with the Distinguished Legal Service Award. Judge Quackenbush’s long career in public service began after he completed his naval service in 1954. He followed in the footsteps of his father, the Honorable Carl Quackenbush (‘31 J.D.), attending Gonzaga Law. After graduating in 1957, Judge Quackenbush served as a Spokane County deputy prosecutor, taught at Gonzaga Law, and
worked in private practice before being tapped by President Jimmy Carter for a seat on the federal bench in the Eastern District in 1980. Even though he took senior status in 1995, he has been an active member of the Eastern District bench and presided over many thorny and colorful civil and criminal cases. Judge Quackenbush presided over many thorny, colorful civil and criminal cases. He presided over Kevin Harpham’s case, involving an attempt to bomb the 2011 Martin Luther King, Jr. Unity Rally, March, and Resource Fair in Spokane. He also heard cases about the DuPont heiress found guilty of murder and the diamond case with the company De Beers and Nikita Khrushchev. Most recently, Judge Quackenbush presided over the suit brought by the ACLU against two Spokane psychologists who allegedly designed torture techniques for the CIA to use on al-Qaida and Taliban members. Judge Quackenbush
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“I am committed to the future of the law school, and to legal education at Gonzaga.” Gonzaga University President Thayne McCulloh
Gonzaga Law Summit engages alums for new ideas
The current energy, the passion, and the interest…. Those are words Gonzaga University President Thayne M. McCulloh used to describe the environment surrounding the School of Law at GU’s first-ever Law Summit for interested alums and local attorneys. In talking about his longterm support for Gonzaga Law, McCulloh described how far the law school’s value extends. “[It]l has a tremendous legacy and a monumental impact on the community by our faculty and enjoys tremendous, enthusiastic support from the community,” he said.
the hard work of the school’s faculty, staff, and students. “I am also appreciative of the continued support of President Thayne McCulloh, and alumnus and Gonzaga Trustee Don Curran (’60 J.D.), who has long been a leader in the Spokane legal community and at Gonzaga Law,” Dean Korn said. Many attendees suggested that the school should continue to adapt its curriculum as the legal industry changes. Other key takeaways include continuing to distinguish Gonzaga Law grads with Jesuit values and ideals, and promoting Gonzaga Law as the “go-to” forum for intellectual legal thought in Eastern Washington, surrounding areas, and beyond. The local bar appreciates the high quality of students that graduate from Gonzaga Law and is excited to work collaboratively with the School of Law to provide opportunities for students to launch their careers upon graduation.
The purpose of the Summit was to provide an opportunity for dialogue between the School of Law and the Spokane legal community with the hopes of enhancing partnerships in several areas. “Gonzaga Law cares deeply about our relationship with the Spokane legal community, many of whom are alums of our school,” said Jeff Geldien, assistant dean of external relations at Gonzaga University School of Law. “We could not be a successful law school without the support of the local bar.” “My support for the school has been consistent; from an academic perspective, this school exists as a community of faculty,” said McCulloh. “As long as the faculty, together with its leadership, are willing to be engaged in the project of knowing how best to meet these students and the needs of our society where they are today, and to continue to be committed as they have been for so long to that work, the responsibility of the administration is to do everything that it can to support that effort.” Among Gonzaga Law’s greatest assets has been the strong support of the Spokane legal community that in turn supports
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Dean Jane B. Korn
– AND THE CLASH BETWEEN PERSONAL PRIVACY AND PUBLIC GOOD As technology advances, we have begun to see a clash between an individual’s right to privacy and society’s right to free speech. This clash requires us to address the role that government should play in regulating data and its tracking, storage and dissemination. As part of the annual William O. Douglas Lecture Series, Professor Jane Bambauer addressed these issues in her lecture, “The First Amendment’s Application to Rapidly Developing Information Technologies,” at Gonzaga Law on April 5. Professor Bambauer noted that there is a growing body of case law in which courts have afforded data – from details about our internet browser histories to our electric bills – the privacy protection of the First Amendment, especially when we have provided this information voluntarily. Often, it’s not the information itself that becomes the issue in court, but the ways it is disseminated. “This is where privacy protections and the First Amendment come into conflict,” said Professor Bambauer. Illustrating this tension is the controversy over the drug Vioxx, approved by the Food & Drug Administration in 1999. The drug’s maker, Merck & Co., touted it as a superior non-steroidal antiinflammatory painkiller because it causes fewer gastrointestinal problems than other NSAIDs. Physicians prescribed it widely to patients with arthritis and other acute and chronic pain conditions. But by 2004, Merck had withdrawn Vioxx from the market because research showed that it increased the risk for heart attack. At this point, more than 20 million Americans had taken the drug. Professor Bambauer points out that the privacy laws designed to protect patient records served to keep researchers in the dark about the increased risk of heart attack. Instead, the drug was commonly used for 64 months before enough data could be compiled to warrant removing the drug from use. “By comparison, had researchers been able to adequately access records, the discovery would have happened in three months, not 64. Some 139,000 heart attacks and 55,000 deaths might have been prevented,” said Bambauer. As new avenues of research emerge that are dedicated to the manipulation and application of big data, Bambauer advises that the rule of law must change to keep up. “Government can define and protect personal interests, especially when it comes
Jane Bambauer, Professor of Law at the University of Arizona, James E. Rogers College of Law
to information generated in seclusion and confidentiality,” said Bambauer. “The key will be to focus on prohibiting the harmful use of that information.” She asserts that there are social costs to Big Data along with benefits, but she questions the wisdom of many well-intentioned privacy laws. “Privacy laws rely on the unexamined assumption that the collection of data is not speech,” she notes in her most recent article, “Is Data Speech?” Professor Bambauer holds a B.S. in mathematics from Yale College and a J.D. from Yale Law School. Her data-driven research provides insights into biased judgment, legal education and legal careers. In addition to publishing and lecturing widely within the United States, she has collaborated with colleagues from around the world in the fields of computer science, social computing and statistics as a member of the Program Committee for the 2016 UNESCO Privacy in Statistical Databases Conference in Croatia.
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Access to Justice The heart of Joe Ehle (’17 J.D. )
Wisconsin has given us so much: the Green Bay Packers on the frozen tundra of Lambeau Field, the Wisconsin Dells, and Friday night fish fries at, well, everywhere in the state. One of its most singular exports came to Gonzaga Law for his legal education – and Gonzaga, Spokane, and the legal profession will all be better for it. The export is Joseph Ehle, a born-and-raised Wisconsinite who graduated from Gonzaga Law in May. When Ehle came to Gonzaga, sitting in his first-year classes was a bit trying. It wasn’t until he began working as an intern and applying what he learned, that he discovered his love for using the law to help real people. As a student, Ehle shared his dedication to serving others and his grounded perspective on life with the Zag community as well as his clients. His volunteer work during law school included teaching local high school students about their constitutional rights in the Street Law program, coaching Special Olympics athletes, working with applicants for a legal referral in the Moderate Means Program (MMP), and working in the Washington state Office of the Attorney General in Spokane. His steadfast work in the service of others led to receiving the 2017 Pro Bono Distinction Dean’s Award. A Culinary History Joe is no stranger to hard work and put himself through college at the University of Wisconsin-Whitewater while working as a chef at the Black Sheep, a local farm-to-table restaurant. His love of cooking began after he suffered a shoulder injury in high school wrestling and developed an interest in healthful eating. He did not attend culinary school, but had a Sicilian mentor who employed a teaching technique that is as innate to cooking as the Socratic method is to law school: she threw knives at him. While he was working at The Black Sheep, the restaurant was featured in Season 1 of Food Network’s “Food Court Wars”. As a part of The Black Sheep’s “Team Casual Joe,” Ehle’s macaroni and cheese propelled the team to victory in episode 3.
His culinary mentor was a Sicilian mentor who employed a teaching technique that is as innate to cooking as the Socratic method is to law school: she threw knives at him. Ehle always dreamed of being a teacher, and still does, but changes in Wisconsin’s public educational system turned him away from pursuing a teaching degree. He knew he needed to go to either graduate school or law school and just “woke up one day and decided to take the LSAT.” Ehle was drawn to Gonzaga Law because of the
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Joseph Ehle (’17 J.D.) 2017 Pro Bono Distinction Dean’s Award school’s Indian Law Clinic; his senior thesis as an undergraduate dealt with issues in Native American history in Wisconsin. He also appreciated Gonzaga’s mission of public service and its attention, in and out of the classroom, to access to justice issues. Once he got to Gonzaga, Joe immersed himself in the Attorney General’s Office, the Moderate Means Program, Street Law, NALSA moot court, The Gonzaga Journal of International Law, and never made it to the Clinic. Although he has had offers from private firms, Ehle found that he enjoyed his work at the Moderate Means Program (MMP) and the Attorney General’s Office too much to leave. Because he has earned the trust of his supervisors at the AG’s office, he was given the freedom to work on cases on his own and he enjoyed the challenge. He found the work fulfilling, in part, because it allowed him to help make the court system more accessible to the people most in need of legal assistance. Although at times it may be stressful, Joe enjoys the fast-paced environment of being in court. He likens it to working in a kitchen, just with fewer knives. Since February 2015, Joe has volunteered with the MMP, a referral service that matches clients with moderate incomes with attorneys who are willing to take their cases for a reduced fee. This program has its roots in Spokane County and Ehle has undertaken long hours to ensure that this access to justice program serves the people in this state. For months on end, he came into the law school before 8 a.m. to schedule or conduct intake interviews before program applicants left for work in the morning. That said, Ehle understands that burnout is a very real threat in the lawyering life and he has taken steps to ensure that his life is well-rounded. Ehle plays in a brewery kickball league, a true Pacific Northwest pastime. He has also been an enthusiastic and continuous participant in No-Shave November since 2015. His advice? “Find a community outside of the law school and get out and enjoy Spokane for what it is,” he says. “It’s good to have friends that you don’t have to talk torts with.”
Gonzaga Law students win tax case reversal before the U.S. Court of Appeals for the Ninth Circuit The Ninth Circuit Court of Appeals has issued its decision in Palomares v. Commissioner, No. 15-70659 (CA9 May 19, 2017) and found in favor of Petitioner-Appellant Teresa Palomares who was represented by the Gonzaga Law Tax Law Clinic. This decision reverses the Tax Court’s determination that Palomares was not entitled to full relief as an innocent spouse for the joint and several liability from her 1996 return filed by her then-husband.
Gonzaga Assistant Professor of Law Jennifer A. Gellner, Director of the Federal Tax Clinic, and 2L Law Student Meagan Nibarger
The decision was especially gratifying for Meagan Nibarger, a secondyear law student, who argued the case in front of the Ninth Circuit Court of Appeals. Meagan Nibarger is part of the Federal Tax Law Clinic at Gonzaga Law, with oversight by Assistant Professor Jennifer A. Gellner. In 2008, Palomares sought a refund from the IRS of her tax credits that had been applied to a 1996 tax liability she owed jointly with her husband from whom she was separated. She submitted Form 8379. Unfortunately, Form 8379 is for use by injured spouses; Palomares needed innocent spouse relief. The IRS recognized her confusion and provided her with the correct form, Form 8857, along with the letter denying her request. Palomares, who speaks Spanish and only limited English, was experiencing some extreme stressors in her life at the time, from a terribly ill father in Mexico to domestic violence and a bitter child custody battle. With the help of her family law attorney, she filed Form 8857 in August 2010 after her divorce for the refund of her 2006-2008 tax credits. The IRS denied her request as untimely because she sent it more than two years after collection activity had begun. On May 14, 2012, the IRS reversed its position regarding the twoyear rule and granted her relief as an innocent spouse but limited her refund to amounts paid within two years of the filing of the Form 8857 in 2010. Palomares appealed arguing that the relief should date from the submission of Form 8379. The Tax Court disagreed and found that the Form 8379 did not meet the requirements for an informal claim, an equitable remedy constructed by the courts to prevent an injustice. Tax lawyers and tax law professors watched this case to see if the Ninth Circuit would expand the informal claim doctrine and create confusion in determining when it applies. This case was particularly of note in that victories of this kind are rare. “From a person who formerly did such things, I know the Circuit Court almost never reverses the Tax Court,” said Gonzaga Professor of Law Ann M. Murphy, who worked as an attorney for the Internal Revenue Service for nearly 15 years. “The Commissioner has incredible authority in this area.”
Meagan Nibarger (2L)
The reversal means Palomares will receive an approximately $7,000 refund plus ten years of interest. The case which spanned over five years, involved a number of Gonzaga Law students who appeared in court on the case or contributed work during its various stages: Amber Rush, (’14 J.D.), Innocent Spouse Appeals hearing Derek Johnson, (’14 J.D.), Tax Court petition and brief Natalie Lane, (’14 J.D.) & Kate Sender, (’13 J.D.), Tax Court trial Davis Mills, (’16 J.D.), Appellate brief to the Ninth Circuit and mediation Meagan Nibarger, (2L), Oral argument before the Ninth Circuit Court of Appeals These Gonzaga Law students provided additional research and support during the case: Tyler Smith, (’15 J.D.) Aaron Jones, (’16 J.D.) James Schutt, (’16 J.D.) Stevie Swift, (’15 J.D.) Kyle Swartz, (’17 J.D.) Caitlin Guthrie, (’16 J.D.)
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Effecting Change with the Federal Tax Code It’s not often that an idea born in the classroom translates onto a national stage, but that is exactly what happened with Gonzaga Assitant Professor of Law Jennifer A. Gellner and her student Michele Larrinaga. The two wrote and submitted a comment on a proposed treasury regulation, “User Fees for Offers in Compromise,” and then flew to Washington, D.C. to make a formal presentation to a panel of four IRS personnel. With only 10 minutes for comment, Gellner made the case for change while Larrinaga told the story of her client who was the motivating reason behind the proposed change.
Michele Larrinaga (‘17 J.D.)
Jennifer A. Gellner Assistant Professor of Law
Gellner serves as Director of Gonzaga Law’s Federal Tax Clinic.
Making a World of Difference: Gonzaga Law Grads Help Refugees and Immigrants on the Path to Citizenship at World Relief-Spokane In 1992, the Spokane office of World Relief opened its doors to help the refugee families from the former Soviet Union who were beginning to settle in Eastern Washington in ever-increasing numbers. World Relief began in 1948 as an international relief and development agency and in 2015, it served more than 7 million vulnerable people around the world through its core programs that focus on a range of issues including microfinance, AIDS prevention and maternal care, maternal and child health, child development, agricultural training, disaster response, and refugee resettlement and immigrant services. The agency’s vision is clear: World Relief envisions the most vulnerable people transformed economically, socially, and spiritually. This mission, and the work with refugees and other immigrants, has drawn Gonzaga Law students to volunteer with the program to learn about immigration law as they serve their clients. World Relief-Spokane provides assistance to refugees through its Reception and Placement Program and also provides low-cost immigration legal assistance. Currently, two Gonzaga Law grads are part of the World ReliefSpokane team. Stevie Swift (‘15 J.D.), is an immigration attorney
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and Vanessa Nelsen (‘16 J.D.), is the managing attorney of the office’s Citizenship and Immigrant Legal Services division. Both grads worked for World Relief-Spokane as law student externs in Immigration Legal Services where they learned about the practice of immigration law by representing clients at all stages of the citizenship process including in naturalization proceedings before the U.S. Citizenship and Immigration Service. Gonzaga Law ‘s Externship Program provides a wide range of opportunities and placements so that students can learn practical lawyering skills, expand their professional networks, and develop insight into the workings of the legal system. The program is designed to work closely with the attorneys and judges who supervise student externs to ensure a valuable learning opportunity. Whether externing in Spokane or across the country, students have the chance to learn by doing. As one student extern said, “I love that I was able to spread my wings and fly and make my own mistakes. I believe the best way to learn is ‘to do,’ and I was given as much experience as possible.”
The Meaning of Showing Up Genevieve Mann (‘03 J.D.) Assistant Professor of Law I marched for her, but I also marched for him. My 71-year-old mom, 9-year-old daughter and I descended on Washington, D.C., along with hundreds of thousands of others on Jan. 21. The sight of pink hats as far as the eye could see was awe-inspiring. I loved that we shared it as three generations, which will bind us tighter forever. A rich and vibrant discussion, mostly over social media, arose about the intention and meaning of the Women’s March. The reasons are as diverse as the individuals who attended (not to mention the sea of colorful and creative signs they carried). I marched for her. Having no idea what to expect before the event, I was focused on imprinting a life memory in the mind of my daughter – one of the few crystal clear instances we remember within the haze of childhood. I hoped it would be etched into her very core and form the roots for the woman she grows into. There wouldn’t be a specific moment in her life when she realized that her body is her own, or that she demanded equal rights, or that she believed that all humans are worthy of respect. Instead, it would be woven into her fabric, something that was always her. Since the march, when the flood of people submerged cities around the world, there have been critics who feel it was unnecessary, inappropriate or simply a waste of time. Facebook friends have decried it, saying it did not represent them or their views as a woman. One woman argued that a better way to support women’s issues is to take all the money used for airplanes, hotels and taxis and donate it to cancer research or a domestic violence shelter.
old and had just made the boys select soccer team until the coach told me that the city would not allow girls on the team. I remember the exact spot I was standing when he said those words. I also remember the exact spot I was standing when my dad said, “That is unacceptable.” After threats of a lawsuit and weeks of negotiating, I was on that team. The message from my dad was clear: I will show up for you. That memory is impressed on my mind and woven into my fabric. Part of me hopes the Women’s March is emblazoned on my daughter’s mind. One of those moments she is proud to tell people about as an adult. The beginning of her strength, the day she found her voice. But another part of me hopes it will be a distant, faded memory of an archaic time when “my mom dragged me to D.C. because back then women were paid less than men.” Sometimes it is hard to show up. You are the only one and your voice can feel shaky and raw. Other times it is easy or joyful, like when you are surrounded by others with a common purpose fueling each other to make your singular voice louder. In many ways the Women’s March was the latter. We were in the majority that day, which is both empowering and the easier path. No one telling you to be quiet or that you are wrong. That questioning feeling of “am I doing the right thing?” that can turn your face red and hot vanishes. I hope she will do both. Find support and unanimity with others but be willing to walk alone when it is uncomfortable or hard. So I marched for her. But I also marched for him and the gift he gave me to just be there. Because that matters.
While we marched down Pennsylvania Avenue toward the White House chanting, “THIS is what democracy looks like!” my mind swirled with the many reasons I was there. While those reasons remain crucial, what I hope my daughter takes away is this: You show up. There is value in just being there, surrounded by thousands of strangers united in presence. There are times that it is simply not enough to express your views on Facebook, or donate to an issue you care about or go to a board meeting. Sometimes you must show up. To stand in solidarity, to use your voice, to feel powerful. Sometimes you refuse to accept that life is a pendulum swinging away from your beliefs. Sometimes you chant, “Hear my voice!” And sometimes you march. I also marched for him. One of my own crystal clear memories is when my dad showed up for me. Big time. I was 11 years
Genevieve Mann, supervising attorney and Assistant Professor at Gonzaga University School of Law.
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Ralph had taken Shadow with him for hundreds of visits prior to the encounter. On that July day, Ralph was waiting for a prescription to be filled when Cook encountered him as he re-entered the medical center. Cook questioned whether Shadow was a proper service animal. Cook advised Ralph that he was legally allowed to ask whether Shadow was a service animal and the nature of the service Shadow provided. Ralph explained that Shadow helped him with his PTSD, as well as retrieved keys and opened doors.
3L Lindsey Wheat (left), and Danny Ralph (above)
Gonzaga Law Student Makes a Federal Case out of Marine’s Charge of Disorderly Conduct
“It wasn’t acting like a service animal,” Cook testified, “In my mind … he could not open doors. I had asked him to take the animal outside of the facility. He got more agitated. He tried to show me certification that he could take the dog anywhere.” Cook testified that he then told Ralph that he could cite the vet for disorderly conduct and Ralph said, “Just give me the (expletive) ticket.” Because Ralph resisted by “pulling away,” Cook “used a straight arm bar to gain control of Mr. Ralph,” and took Ralph down “for my safety, for his safety and the safety of others.” Third-year law student Joseph Zimmer, the intern with the U.S. Attorney’s Office who prosecuted the case, said in closing arguments, “The Spokane VA hospital is not a dog park. This case is about Mr. Ralph making the conscious decision to disregard the laws and Sgt. Cook’s order.”
For former Marine Danny Ralph, Wheat’s help meant the world.
But Wheat brought four witnesses and none of them heard Ralph use expletives or yell prior to his being taken into custody. She also disputed the prosecution’s argument that Danny Ralph escalated the encounter with Sgt. Cook. “Danny Ralph did not cause the disturbance. Sgt. Cook did,” she said. “Without warning, he grabbed Danny’s arm in such a way that causes pain and submission. A man cannot and should not be convicted for involuntarily yelling out in pain.” Judge Rodgers agreed and found Ralph not guilty of disorderly conduct. “They are great people,” Ralph said of the federal defenders. “Without their help, (this) win would not have happened.”
Since the summer after her first year, Wheat has been interning with the Federal Defenders of Eastern Washington and Idaho, the entity that provides federal criminal defense services for indigent defendants. She came to Gonzaga Law because of the school’s deeply ingrained focus on helping people. But she didn’t expect to make a federal case out of it. But now that she has put in the work of preparing and arguing a case while carrying a full academic workload at school, she finds that her commitment and passion have grown.
Wheat also earned high praise from her supervisors, particularly for her professionalism with witnesses and her management of the case. “She is the best intern I’ve seen from Gonzaga and we’ve had some great ones,” writes Jay McEntire, a federal public defender in the Spokane office who also works as an adjunct professor at Gonzaga Law. “Long-story short: Lindsey did Gonzaga – and our office – proud. If you see her in the halls, be sure to give her a high-five. She deserves it.”
She met Ralph after he had been charged with disorderly conduct by a Veterans Administration police officer at the Mann-Grandstaff VA Medical Center in Spokane. At the time of the alleged offense on July 20, 2016, Ralph was at the VA medical center for treatment with Shadow, his Pomeranian-Chihuahua mix, who helped the 60 year-old Vietnam-era veteran cope with his post-traumatic stress disorder. While waiting for a prescription to be filled, he was confronted by VA police Sgt. Sean Cook regarding Shadow’s status as a service animal. By the end of the confrontation, Ralph and his 8-pound hound had been slammed to the medical center’s floor. Both Ralph and Shadow were injured and Ralph was charged with disorderly conduct.
Yet for Wheat, the verdict was not about win/loss stats but more about the very real assistance she was able to provide and the way she was able to develop her advocacy skills. She explains, “I’m just happy for Mr. Ralph. We knew it was going to be a challenge.” When Wheat chose Gonzaga Law, she knew that she wanted to get practical experience but she “never imagined I would find myself in a trial in my second year.” She continues, “I can’t thank the Federal Public Defender’s office enough for the opportunity and the trust they placed in me to let me take on this case from start to finish. I could not have done it without all of the hard work they put into guiding me through the process. The work was so exciting and the experience was invaluable. I love being able to help people and now I can’t imagine doing anything else in life.”
Lindsey Wheat, a rising third-year student at Gonzaga Law, never imagined that her law school education would include appearing before a federal judge and advocating on behalf of a veteran who could not afford legal help.
Wheat worked with Ralph to prepare his defense and, at trial, pointed out to the Hon. John Rodgers, the presiding federal magistrate, that
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Chaitra Shenoy, Rosemary Muriungi, and an attentive audience member.
Global Gender Equality: 3L Students Bridge the Gap By Gonzaga Law students Molly Amber (‘17 J.D.) and Olivia Wotman (‘17 J.D.) with the Gonzaga Journal of International Law symposium committee. The journal is a studentrun, online legal offering with readers spanning the globe.
When we heard Fawzia Koofi’s TED talk about the 2015 murder of a female religious scholar in Afghanistan falsely accused of burning a Quran, we knew we had found our focus for the 2017 Gonzaga Journal of International Law’s Annual Symposium. In her talk, Koofi, an Afghan politician and human rights activist, highlighted the lack of accountability for gender-based violence. She then said, “If something comes from the heart, it will reach the heart of your audience.” Her words deeply resonated with us, and we agreed the symposium’s focus needed to be global gender equality. As we contacted our “dream list” of speakers from around the county and world, we were thrilled to learn that each invitee was interested in collaborating— including Koofi. While the work of the Afghan Parliament did not allow her to travel to the symposium at the last minute,
we were pleased to host a roster of women whose experiences, education, intellects and passions provided keen insights into problems women and girls face globally, from accessing education and economic opportunities to facing gender-related violence. Planning the symposium was more than a project. It was a path to self-discovery and inspiration. As law students, we both had our qualms about becoming attorneys and finding our place as professional, highly educated women. It is easy to forget in the daily hustle that we are critical figures in the pursuit of social and legislative change. However, we will not forget. The process of organizing the symposium was invigorating, but our focus on global gender equality is not complete. We will continue to bridge the gap in our pursuit of shattering the glass ceiling. We will persist.
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Kohlmeier, Schapper earn 82nd Linden Cup crown
Gonzaga Law Lands Ninth Circuit Moot Court Honor
Gonzaga Law students joined together for the 82nd time to take part in the Linden Cup Appellate Advocacy Competition. Chief Justice Mary A. Fairhurst (‘84 J.D.), Justice Barbara A. Madsen (‘77 J.D.), and Justice Susan Owens of the Washington Supreme Court presided over the competition’s final round. Second-year students Pam Kohlmeier and Jordan Schaper argued on behalf of the appellants and faced off opposite second-year students Matthew Ishihara and Phil Silcher who argued on behalf of the appellees. Kohlmeier and Schaper won the closely contested competition.
Gonzaga Law‘s Team Punctual won the “Best Oral Argument” team award at the 2017 Ninth Circuit Court of Appeals Saul Lefkowitz National Trademark Moot Court Competition. Gonzaga Law competed in the western regional against 21 other western schools and teams, arguing against such schools as the University of Hawaii, University of California at Berkeley, Santa Clara University, and University of the Pacific McGeorge.
Father James Linden, S.J. founded the Linden Cup and Heidelberg Night which is held the evening of the Linden Cup’s final round. Linden Cup marks the conclusion of the moot court season at Gonzaga. The Linden Cup is a student-run intra-school moot court competition open to 2Ls and 3Ls that requires students to create teams of two and research and prepare an oral argument to be presented before a mock Supreme Court panel. In the competition’s early rounds, faculty and local attorneys serve as the judicial panel. As the competition progresses, local judges officiate in the quarter and semifinals. In the final round, Supreme Court justices from Washington, Idaho and Montana have sat on the panel. The Linden Cup competition is a Gonzaga Law institution and many of the volunteer judges competed in Linden Cup when they were Gonzaga law students.
Team Punctual includes Jessica Pena (3L) Captain, Alisha Myers (2L), Morgan Napieralski (3L), and Kristopher Morton (2L)
NAAC Regional Champions A regional title in Chicago advanced 2017 Gonzaga Law grads Garrett Williams and Deanna Willman to the National Appellate Advocacy Competition in Washington, D.C., where they lost to eventual national champion St. Mary’s School of Law.
Top, Justice Owens, Schaper, Kohlmeier, Ishihara, Silcher, Justice Fairhurst, Justice Madsen; bottom left Washington Chief Justice Mary E. Fairhurst (‘84 J.D.), right, Kohlmeier
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Gonzaga Law students Garrett Williams (‘17 J.D.) and Deanna Willman (‘17 J.D.)
Prison Reform Helping Real People with Real Problems: Gonzaga Law
Students’ Volunteer Efforts Spark Proposed Prison Reforms Gonzaga Law student Meaghan Hess (2L), and Susan Kas, Disability Rights Washington associate director of Legal Advocacy monitoring at Skagit County Jail.
Last March, two dozen Gonzaga Law students gave up their spring break and volunteered with Disability Rights Washington’s Amplifying Voices of Inmates with Disabilities (AVID) Project. Rather than catch up on sleep, these students instead reviewed jail policies and visited jails across the state to monitor the conditions people with disabilities face while in custody. Within a single week, these students worked with AVID attorneys to visit each of the state’s county jails. Making a Difference Washington’s jails house approximately 12,000 people each day. Because people with disabilities are incarcerated at a higher rate than people without disabilities, jails must meet the needs of people with a range of disabilities and medical conditions. What the students found and documented during their visits and policy reviews regarding the violations of law in our state’s jails was published in seven public reports and resulted in several prison reform bills before the
Washington Legislature. “This work has elevated the conversation about how people are treated by our local government institutions,” writes David Carlson, legal advocacy director of disability Rights Washington. “That has made and continues to make a difference in the lives of people with disabilities who are involved in the criminal justice system.” The work that Gonzaga Law students performed over their spring break in 2016 has given a voice to these inmates and provided Disability Rights Washington with important data in support of their mission to work for the dignity, equality and self-determination of people with disabilities. The first AVID report, “County Jails, Statewide Problems: A Look at How Our Friends, Family and Neighbors with Disabilities are Treated in Washington’s Jails,” was issued in April 2016. It sets out the parameters for the project and shows how the jails serve inmates with disabilities. The report also offers a series of reform measures aimed at affecting change.
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F A C U LT Y D E V E L O P M E N T
Professor Pearson’s work cited by Washington’s highest court Despite the U.S. Supreme Court’s Obergefell decision in 2015 legalizing same-sex marriage, Lesbian Gay Bisexual Transgender and Queer (LBGTQ) parents still face discrimination. However, Washington courts are making positive steps in support of LGBTQ equality with the help of Gonzaga Law Associate Professor Kim Hai Pearson’s research. In the case of In re Marriage of Black, decided June 2017, the Washington State Supreme Court held that a trial court may not consider a parent’s sexual orientation as a dispositive factor for child custody decisions, absent an express showing of harm to the children. In its analysis, the Court relied on Pearson’s work, Sexuality in Child Custody Decisions, 50 Fam. Ct. Rev. 280 (2012). Pearson’s article argues that simply finding a parent’s sexual orientation is not harmful per se to children is not the same as neutral, fair measures of parental fitness. Because the trial court in Black considered a mother’s sexual orientation, and bias “permeated the proceedings,” the Supreme Court reversed and remanded the case to be heard by a different trial court judge.
Dignity, Inequality, and Stereotypes Professor Luke A. Boso, a Visiting Professor at the University of San Francisco School of Law, presented his paper “Dignity, Inequality, and Stereotypes” to faculty at Gonzaga Law as part of the school’s Faculty Speaker Series. His presentation traced the two primary reasons why the U.S. Supreme Court in Obergefell v. Hodges held that bans on same-sex marriage violate the Equal Protection Clause: the bans subordinate lesbians and gays to heterosexuals and they deny lesbian and gay individuals the liberty to make decisions about identity. He proposed that these two themes – anti-group subordination and pro-individual liberty – also support the Court’s anti-stereotyping jurisprudence. “The ability to make personal decisions, ultimately affects our self-identity,” argued Boso. “All persons have the right to establish their identity. A key discussion central to our fundamental right to liberty.” But Boso maintains that not all stereotyping reflects both group subordination and a denial of individual liberty to express identity. Boso was a law teaching fellow with the Williams Institute at UCLA School of Law from 2011-13. He was selected as one of three winners of the 2014 Dukeminier Awards for his piece, Urban Bias, Rural Sexual Minorities, and the Court, 60 UCLA L. Rev. 562 (2013). The award recognizes each year’s best sexual orientation and gender identity law review articles.
Kim Hai Pearson Associate Professor of Law
Luke A. Boso Visiting Professor of Law University of San Francisco
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F A C U LT Y S P E A K E R S E R I E S
Are we seeing the
End of Democracy? Tayyab Mahmud admits that for the most part he remains an eternal optimist, except for those days when he looks at the economic and social data that paints for him a rather dismal picture of the future. During his presentation to faculty at Gonzaga Law entitled “Capitalism and Democracy,” Mahmud outlined why he believes the long-standing marriage between the two is in trouble. “While not yet at the divorce stage,” said Mahmud, “it certainly is estranged.” Mahmud believes the American economy has been in a decline since the Economic Golden Age, 1945-75. He notes that during that period, there was strong employment, restrictions on mobility of capital, the birth of a welfare system, and expanded civil, social and economic rights. But since that time he believes there has been an erosion of these areas. “We have unshackled finance, most of the unions have been killed off, and there has been a roll-back of most welfare programs,” says Mahmud. He makes the case that the average working person today sees 50-60 percent of their paychecks going to banks to service debts, adding that debt is now a primary challenge not just for individuals, but for many countries as well. With these economic changes, Mahmud sees a real threat of decline in the foundations of democracy. “Can the pressures of unbridled financialization lead to failures of democracy?” he asks.
Tayyab Mahmud Professor of Law Seattle University
“Already there are signs of decreasing voter participation, diminished ideological and policy differences between political parties, and the role of citizens being replaced by that of consumers.” To further his case, he points to the role played by the bond market in places like Detroit, New York, and Puerto Rico, with the belief that this is not just a problem limited to the United States. “The simple truth is that over the past 40 years, the average person is working more and taking home less,” said Mahmud. “The economic system may not be working for most people, and that may very well be the greatest challenge to the future of democracy.” Tayyab Mahmud is a Professor of Law, and the Director of the Center for Global Justice at Seattle University School of Law. Mahmud has published extensively in the areas of comparative constitutional law, human rights, international law, legal history, and legal theory. His current research is focused on neoliberal political economy and extra-constitutional usurpation and exercise of power in post-colonial states.
Ageism and the Legal Discourse: How the law’s rigid tendencies make it difficult to fight As part of the Gonzaga Law 2016-17 Faculty Speaker Series, the Law School welcomed David Papke, Professor of Law at Marquette University Law School. Papke shared his paper entitled, “Ageism and the Legal Discourse,” which addresses the hurdles to fighting ageism in American culture. Papke cites studies that show that 80 percent of people over the age of 60 have been insulted or mistreated because of their age. Despite the “unreflective” nature of much of this discrimination, as well as the benevolent intent behind some, Papke has found that ageism’s effect is profound. In 2016 alone, over 20,000 people filed claims with the Equal Employment Opportunity Commission alleging age discrimination. Papke posits that the pervasive nature of ageism in our culture arises out of our own fear of death and writes that, “In rejecting older people, we attempt to deny that all of us will meet our makers.” Along with traditional legal resources, Papke has also considered “the forces and patterns of ageism in American culture, focusing on popular culture, consumer goods, and what [he] call[s] the pitter-patter of
David Papke Professor of Law Marquette University
daily life.” He has found the law’s rigid tendencies make victories for opponents of ageism in the workplace difficult to achieve in light of our “pervasive and deeply-entrenched” biases. Papke’s deep interest in the way law works within American culture threads throughout his curriculum vitae. He has authored and edited works that examine the intersection of culture with criminal and labor law along as well as the intersection of law and popular culture. Papke has also coauthored the first comprehensive textbook for the study of lawrelated popular culture, Law and Popular Culture: Text, Notes, and Questions (Christine Corcos, et al., 2007; 2nd Ed., 2012). Gonzaga Lawyer • 2017
Scholarship (Publications and Presentations) Upendra D. Acharya •
“National Implementation of International Law,” panel chair and presenter, International Law and Dynamic Asia Regional Conference, Asian Society of International Law, Hanoi, Vietnam, June 2016.
• “Higher Education in Nepal,” presenter, Global Policy Forum for Nepal, Katmandu, Nepal, December 2016. •
A Trinity of Culture, Law and Politics: Legal Anthropology of the Bonded Labor System in Nepal in COMPARATIVE LAW AND ANTHROPOLOGY, Edward Elgar Pub., 2017.
• “Fundamental Rights and Constitutional Transitions in South Asia,” panelist, Annual Conference, Association of American Law Schools, San Francisco, CA, January 2017. •
“Human Security in the 21st Century: What We Can Expect from the New Administration,” presenter, International Law in a Time of Change, Mid-Western Regional Conference of the American Branch of the International Law Association, Denver, CO, February 2017.
Megan J. Ballard •
“Challenges to Post-Conflict Property Restitution,” speaker, Seminar on Post-Conflict Property Restitution in Kosovo, Norwegian Center for Human Rights, University of Oslo, June 2016.
• Refugees, Rights, and Responsibilities: Bridging the Integration Gap, 39 U. PENN. J. OF INT’L LAW __ (2017). • “Bridging the Integration Gap: A Practical Proposal for Teaching Refugees about U.S. Law and Justice,” speaker, Brigham Young University Law Faculty Works in Progress colloquium and Immigration Law Forum, Provo, UT, February 2017. •
“Refugees, Rights, and Responsibilities: Bridging the Integration Gap,” speaker, University of San Francisco Law Faculty Works in Progress colloquium, San Francisco, CA, March 2017.
M. Lisa Bradley • “Incorporating Social Justice into the Legal Writing Curriculum,” presenter, 17th Biennial Conference, Legal Writing Institute (LWI), Portland, OR, July 2016. • Group Critiquing Leader, Critiquing Workshop, 17th Biennial Conference, LWI, Portland, OR, July 2016. • “Innovative Methods to Pursue Social Justice through Classroom and Clinical Experience,” presenter, 2016 Annual Conference, Society of American Law Teachers (SALT),
Gonzaga Lawyer • 2017
Chicago, IL, September 2016.
“Incorporating Contemporary Literature in the Legal Writing Curriculum,” presenter, 2017 Rocky Mountain Legal Writing Conference, Arizona State University School of Law, Phoenix, AZ, March 2017.
Patrick J. Charles • The Library Book Thief, 21 AALL SPECTRUM 47, March/ April 2017. Jennifer A. Gellner • “Understanding and Preparing a Collection Information Statement,” panelist, IRS Annual LITC Grantee Conference, Washington D.C., December 2016. •
Comment, IRS REG-108934-16: User Fees for Offers in Compromise; testified before a panel of four attorneys from the Department of the Treasury and the Internal Revenue Service, December 2016.
Jason A. Gillmer • SLAVERY AND FREEDOM IN TEXAS: STORIES FROM THE COURTROOM, 1821-1871 (University of Georgia Press, 2017). Brooks R. Holland • Anticipatory Self-Defense Claims as a Lens for Re-Examining Zealous Advocacy and Anti-Bias Disciplinary Norms, 49 TEXAS TECH. L. REV. 1 (2016). • “Access to Justice and Curriculum Reform,” panelist, 2016 Annual Conference, SALT, Chicago, IL, September 2016. • “Important and Different Ways to Promote Diversity in the Classroom,” panelist, 2016 Annual Conference, SALT, Chicago, IL, September 2016. Jessica M. Kiser • “Finding a Place for Brands,” speaker, 7th Annual Trademark Scholarship Symposium, International Trademark Association Annual Meeting, San Diego, CA, May 2016. • “Brandright: Finding a Place for Brands,” presenter, Inland Northwest Scholars Workshop, Gonzaga University School of Law, Spokane, WA, August 2016. • “Brandright: Finding a Place for Brands,” presenter, Junior Scholars Virtual Colloquium, University of Toledo College of Law, Toledo, OH, August 2016. •
“Brandright: Finding a Place for Brands,” presenter, Junior Intellectual Property Association Winter 2017 Workshop, Ohio State University Moritz College of Law, Columbus, OH, January 2017.
• “Wallpaper by Any Other Name,” speaker, Syracuse Law Symposium on Forgotten IP Cases, Washington, D.C., April 2017.
Kim Hai Pearson
• Brandright: Finding a Place for Brands, 69 ARK. L. REV. ___, 2017.
• “Identity Building,” panelist, Annual Conference, Law and Society Conference, New Orleans, LA, June 2016.
• Wallpaper by Any Other Name, 68 SYRACUSE L. REV. __, 2017.
Jane B. Korn
• The Dean as Introvert, 48 U. TOL. L. REV. 297 (2017).
• “So...You Want to be a Dean? Why Considering a Deanship Matters,” panelist, Annual Conference, Dean Section, Association of American Law Schools, San Francisco, CA, 2017. Daniel J. Morrissey • Morrissey, Daniel, et al., SECURITIES LITIGATION: LAW, POLICY, AND PRACTICE, (Carolina Academic Press, 2016). • Book review, JP Madoff: The Unholy Alliance between America’s Biggest Bank and America’s Biggest Crook, 44 SEC. REG. L. J. 193, 2016.
• Income Equality in Utopia, 48 U. PAC. L. REV. 79 (2016).
“Income Inequality in Utopia,” speaker, UTOPIA 500, a symposium marking the 500th Anniversary of Thomas More’s “Utopia,” University of the Pacific/McGeorge School of Law, San Francisco, CA, February 2016.
“Unraveling the Mysteries of Mutual Funds,” speaker, Marquette University Law School and College of Business Faculty Works in Progress colloquium, Milwaukee, WI, February 2017.
Ann Murphy •
Rewritten Opinion in Lucas v. Earl in FEMINIST JUDGMENTS: REWRITTEN TAX OPINIONS, Bridget J. Crawford & Anthony C. Infanti eds., forthcoming 2017, Cambridge University Press.
• “Narrating Evidence,” panelist and moderator, Annual Meeting, Association of American Law Schools, San Francisco, CA, January 2017. •
“Flamenco, Fascism, and Legal Education: Intersecting with Country Context to Enhance Study Abroad,” panelist, 2017 International Legal Education Abroad Conference, Washington, D.C., February 2017.
• “A Surcease of Sorrow,” presenter, Family Law Scholars and Teachers Annual Conference, New Orleans, LA, June 2016.
“LGBTQ Child Custody Issues in Divorce and Relationship Dissolution,” presenter and organizer, Inland Northwest Scholars Workshop, Gonzaga University School of Law, Spokane, WA, August 2016.
• “The 40th Anniversary of Custody Rights of Lesbian Mothers: Legal Theory and Litigation Strategy 40 Years,” webinar speaker, Williams Institute, UCLA School of Law, Los Angeles, CA, December 2016. • “Heartbreak in the Age of Robots,” panelist, Annual Meeting, Association of American Law Schools, San Francisco, CA, January 2017. Stephen L. Sepinuck • Sepinuck, Stephen et al., PROBLEMS AND MATERIALS ON BANKRUPTCY, (3d ed. West Academic, 2017). • Uniform Commercial Code Survey: Personal Property Secured Transactions, THE BUSINESS LAWYER, vol. 72, forthcoming, 2017. Sandra Simpson •
“Identifying and Creating Institutional Outcomes,” speaker, Spring 2016 Conference on Responding to the New ABA Standards: Best Practices in Outcomes Assessment Conference, Institute for Law and Teaching (ILTL), Boston, MA, April 2016.
“Avoiding Assessment Fatigue: Garnering the Lessons Learned from K-12, and thereby Helping Students Balance Numerous Types of Formative Assessments,” speaker, Annual Detroit Mercy Law Review Assessment Symposium, Detroit, MI, March 2017. Simpson also delivered the symposium’s opening remarks.
“Coordinating Assessment Across the Curriculum,” speaker, Compliance with ABA Standard 314: Formative Assessment in Large Classrooms, ILTL and Emory University School of Law Spring Conference 2017, Atlanta, GA, March 2017.
• Simpson, Sandra, co-ed., EXPERIENTIAL EDUCATION ACROSS THE LAW SCHOOL CURRICULUM, (Carolina Academic Press, May 2017).
• “Barbara Spellman: The Psychological Foundations of Evidence Law,” panelist, University of Virginia School of Law, Charlottesville, VA, March 2017.
Gonzaga Lawyer • 2017
National Contributions to the Profession Upendra D. Acharya
• Editor-in-Chief, Federal Reporter, and Washington Reporter, Water Law Newsletter, Rocky Mountain Mineral Law Foundation (RMMLF).
• Executive member, Asian Society of International Law (AsianSIL), 2016-2017
Jessica M. Kiser
• Board Member, Intellectual Property Section, Association of American Law Schools.
• Director of Studies, Global Policy Forum for Nepal, 2016
• Convener, International Human Rights Interest Group, (AsianSIL), Singapore, June 2016
Jane B. Korn
Patrick J. Charles
• Executive Committee Member of AALS Section on Law Libraries and Legal Information, Association of American Law Schools.
Brooks R. Holland
Daniel J. Morrissey
• The Ethics of Criminal Practice in WASHINGTON LEGAL ETHICS DESKBOOK, (2d ed. 2017, forthcoming).
• Why the President Should Keep the Department of Labor’s Fiduciary Rule, THE NATIONAL JOURNAL, Jan. 30, 2017.
• What Are the Double Jeopardy Consequences of an Acquittal on a Related Conviction That is Vacated? 44 PREVIEW 24 (2016).
• Does the Federal Drug Forfeiture Statute Impose Joint-and- Several Liability Among Drug Conspiracy Members? 44 PREVIEW 202 (2017).
• Chair, Dean Section, Association of American Law Schools.
• “Three Communities,” panelist, Northwest Clinical Law Conference, Portland, OR, October 2016.
• Murphy, Ann, et al. FEDERAL TAX PRACTICE AND PROCEDURE, upkeep author, (Matthew Bender, 2017). • Chair, Section on Evidence, American Association of Law Schools, 2016-2017.
• Teaching Miranda at Its 50th Anniversary, 80 J. SOCIAL ED. 20 (2016).
• Fulbright Pre-Departure Orientation, East Asia and the Pacific, speaker, Washington D.C., June 2016.
• Sustained Objections, interview, PROPUBLICA and LAS VEGAS REVIEW JOURNAL, October 28, 2016.
Stephen L. Sepinuck
• 2017 American Bar Association Silver Gavel Awards for Media and the Arts, Committee Member • Access to Justice Committee, Co-chair, Society of American Law Teachers, 2017. • Board of Governors, Society of American Law Teachers, 2017. Jennifer A. Gellner • “Three Communities,” panelist, Northwest Clinical Law Conference, Portland, OR, October 2016. • “Understanding and Preparing a Collection Information Statement,” panelist, IRS Annual LITC Grantee Conference, Washington D.C., December 2016.
• “Concrete Advice to my Younger Self: Keys to Academic Success,” panelist, 2016 Annual Conference, Central States Law Schools Association, Grand Forks, ND, September 2016. • “There is No Such Thing as Boilerplate: Issues in the Back of the Contract,” panelist, 2016 Annual Meeting of the ABA Business Law Section, Boston, MA, November 2016. • UCC Spotlight, COMMERCIAL LAW NEWSLETTER, joint newsletter of the ABA Commercial Finance and UCC Committees, Fall 2016 & Spring 2017. •
“Imponderables: Difficult and Potentially Unresolvable Issues of Secured Transactions and Commercial Law,” seminar lead, 2017 Financial Lawyers Conference Commercial Law Seminar, Santa Barbara, CA, March 2017.
• 2017 Commercial Lending Today, faculty member, American Law Institute CLE, San Francisco, CA, April 2017.
• “Three Communities,” panelist, Northwest Clinical Law Conference, Portland, OR, October 2016.
• Avoiding Ambiguity: Part One – Contextual Ambiguity, 6 THE TRANSACTIONAL LAWYER 1, June 2016.
• Avoiding Ambiguity: Part Two – Syntactic Ambiguity, 6 THE TRANSACTIONAL LAWYER 4, August 2016.
• Kelley, Amy et al., WATER AND WATER RIGHTS TREATISE, VOLS. 1-5, editor, co-author, and upkeep author, (Michie 2009).
Gonzaga Lawyer • 2017
• Avoiding Ambiguity: Part Three – Semantic Ambiguity, 6 THE TRANSACTIONAL LAWYER 4, October 2016.
• Due Diligence and the Purchase of Secured Loans, 6 THE TRANSACTIONAL LAWYER 1, Dec. 2016. • Representations & Warranties of Solvency, 7 THE TRANSACTIONAL LAWYER 4, February 2017. • So Let It Be Written: When to Use the Passive Voice in Contract Documents, 7 THE TRANSACTIONAL LAWYER, 2, April 2017. Professional Contributions (Regional) Lynn Daggett • Be Able to Explain to Parents Why Private Schools have Different Obligations under Section 504, interview, SPECIAL ED CONNECTION, October 4, 2016. • Know How Ties to Private Schools Could Expose Your District to 504 Violations, interview, SPECIAL ED CONNECTION, October 14, 2016. Jennifer A. Gellner • Newsletter Editor, Taxation Section, Washington State Bar Association. • Freedom of Information Act Requests, interview, KREM 2 News, April 2016. Jason A. Gillmer • “The Importance of Jury Diversity,” speaker, Washington State Minority and Justice Commission Conference, Spokane, WA, September 2016. • An 1889 U.S. Supreme Court Case Sets Precedent for Trump’s Immigration Order, interview, THE INLANDER, Feb. 3, 2017. • Remove Trump Under the 25th Amendment? Technically Possible but Highly Unlikely, interview, SPOKESMAN REVIEW, May 18, 2017. Brooks R. Holland • “Ethics in the 21st Century Practice,” speaker, 10th Annual WSBA Solo and Small-Firm Conference, Seattle, WA, July 2016. •
Gonzaga University School of Law, Spokane, WA, April 2017.
• “Global Gender Equity: Bridging the Gap,” panelist, 2017 Gonzaga Journal of International Law Symposium, Spokane, WA, April 2017.
• ACLU-WA Legal Committee, Committee Member.
Amy Kelley • Washington Report - A Land Use Case with Major Implications for Washington Waters and Water Law, RMMLF WATER LAW NEWSLETTER, vol. 50, no. 1, 2017. Daniel J. Morrissey • “Hot Topics in Federal Transactional Law—SEC Revised Rule 504 and Revisions to the Intrastate Exception,” speaker, 37th Annual Northwest Securities Institute, Portland, OR, May 2017. • Where have you gone, Atticus Finch? book review of GO SET A WATCHMAN, by Harper Lee, NW LAWYER, March 2016. Julie Schaffer • “Restorative Practices in Schools,” invited speaker, Parent Advocacy Night--Every Student Counts Alliance, Spokane, WA, November 2016. • Women Leading with Purpose Retreat, founder and facilitator, The Center for Justice, Spokane, WA, January 2017.
• WSBA MentorLink Committee, 2016.
Mary Pat Treuthart • “The Death Penalty in Washington State: An Overview,” panelist, WSBA Decoding the Law: The Death Penalty in Three Parts series, Seattle, WA, March 2017. • “Unique Ethical Dilemmas for Juvenile Defenders,” speaker, 2016 Western Juvenile Defender Center Leadership Summit, Spokane, WA, July 2016. •
“A Debate: The Right to Conscience of the Healthcare Provider: Should Medical Providers Ever Be Compelled to Act against Their Will,” speaker, Gonzaga Federalist Society, Spokane, WA, October 2016.
“The Ethics of Social Media Investigations of Your Client and Defense Witnesses,” speaker, Annual Office of the State Public Defender, Bozeman, MT, October 2016 and Washington Defender Association Conference, Spokane, WA, November 2016.
• “Ethical Dilemmas for the Practicing Lawyer,” panelist, WSBA Continuing Legal Education Seminar, Seattle, WA, November 2016. • “Ethics and Technology: Emerging and Evolving Issues,” chair and speaker, Clarke Prize in Legal Ethics Conference, Gonzaga Lawyer • 2017
Investment into the Future By Jeff Geldien Assistant Dean of External Affairs
How it started
More than bricks and mortor
Gonzaga Law was established in 1912, during a time of growth, change, and firsts for the United States.
By 2011, Gonzaga Law turned its attention to the next phase of growth: the Law School’s Foundation endowment. This endowment secures Gonzaga Law as an intellectual space and allows the Law School to compete regionally and nationally by funding student scholarships, academic programming, and faculty development in perpetuity. These priorities are crucial to the school’s mission of graduating great lawyers and serving as a resource that supports our region’s and nation’s legal institutions. With this goal in mind, Gonzaga Law set out to raise $10 million dollars as part of the greater university-wide “Gonzaga Will” campaign.
Woodrow Wilson was elected president after beating incumbent William Howard Taft who lost after Bull Moose Theodore Roosevelt ran under the banner of the Progressive Party and split the Republican vote. The United States added New Mexico and Arizona to the Union and they became the 47th and 48th stars on Old Glory. America saw the birth of national institutions like the Girl Scouts, Julia Child, Milton Friedman, Art Linkletter, and Woody Guthrie. Tiger Stadium opened in Detroit and Fenway Park opened in Boston. Runners in San Francisco ran the first Bay to Breakers 12k race and drivers in Indianapolis completed the second Indy 500. By 1912, the Spokane parks designed by Frederick Olmstead and his sons were blooming and Spokane celebrated Father’s Day at the behest of its own Sonora Smart Dodd. A new mission During this fast-growing period, the Gonzaga University’s Board of Trustees, along with the Jesuits, realized that the school had an opportunity to establish a law school that would not only turn out excellent attorneys but also contribute to the development of the region’s legal institutions. Since then, Gonzaga Law graduates have gone on to become governors, United States senators, Congressional representatives, justices of state Supreme Courts, local judges, managing partners of major law firms, community lawyers, non-profit leaders, policy makers, business owners, and law professors. Gonzaga Law graduates have proven they cannot just compete, but often lead the way in the field. Gonzaga Law has been able to produce graduates who are an asset to the legal community because of our school’s incredibly supportive alumni base that shares its time and expertise with fellow Zags. Along with professional and academic support, the generous financial support of Gonzaga Law’s alumni base has kept the institution robust and healthy.
Gonzaga Lawyer • 2017
The outcome should come as no surprise to any Zag. This was our most aggressive campaign ever, and under the direction of Dean Jane B. Korn and campaign Co-Chairs Don (’60 J.D.) and Va Lena (’58 J.D.) Curran, we have surpassed all expectations with this effort by raising $10,363,250 dollars. Thanks to our alumni and friends. This recent fundraising campaign gives Gonzaga Law the means to challenge its students to serve society by incorporating knowledge of the past with the innovations of the present. Here are just a few ways alumni contributions have been used to fund new scholarship or programmatic support: • Endowed Centennial Scholarship Fund – to support 2L and 3L students
• Gifts to support the Chastek Library
• Endowed scholarship to support diverse students
• Endowed scholarship support for the Thomas More program • Endowed scholarship to support students in the University Legal Assistance clinical law program
• Faculty Chair in Civil Liberties
• Faculty Chair in the excellence in research and teaching of Tort Law
“One of my proudest accomplishments as dean at Gonzaga Law has been our successful fundraising campaign. Every $100 gift, as well as all the five-, six-, and even seven-figure gifts, has contributed to this amazing accomplishment. I want to thank everyone for their tremendous support, and I hope we can continue to count on you in the future.” — Dean Jane B. Korn
• Financial support for faculty development, including research • Endowed scholarship support for students who want to become trial attorneys
• Scholarship support for single parents
• Endowed Professorship for the Director of the University Legal Assistance clinical law program
THANK YOU DONORS AND FRIENDS who continue to support our mission in the ongoing campaign
Next steps And while the Law School is pleased that our fundraising goals are on track, there is more work to be done. ”The need to grow our scholarship endowment continues to be our highest priority so that we can position Gonzaga Law competitively in the national landscape,” said Geldien. “Our goal is to raise an additional $1 million for the endowment over the next 12 months, which we believe is attainable given the high level of support we have seen the past five years.” Therefore, true to Gonzaga form, the efforts will continue in order to reach new heights. From a modest beginning in 1912 to the changing face of legal education in 2017, Gonzaga Law has not only weathered the storms of the past 105 years, but forged ahead as a leader in legal education. The Law School’s faculty and staff are committed to preserving the school’s long and distinguished tradition of Jesuit education and impart this tradition to students, in word and deed. Gonzaga Law works to instill in students not only a commitment to the ideas behind social justice, but also the integrity, skills, and grit to work for a more just world. By educating the whole person, Gonzaga Law creates a whole lawyer. But this kind of education, this rigorous training of the mind and soul, needs financial support to sustain it. Thankfully, Gonzaga Law’s alumni have heard the call.
If you are interested in making a gift to support the Law School please contact Jeff Geldien at 509-313-6121 or firstname.lastname@example.org.
TOTAL AMOUNT RAISED:
$10,363,250 (IN TOTAL COMMITMENTS)
PERCENTAGE OF LAW ALUMNI GIFTS:
PERCENTAGE OF GIFTS
$1,000 AND UNDER:
TOTAL NUMBER OF GIFTS:
(# OF COMMITMENTS) PERCENTAGE OF GIFTS
$500 AND UNDER:
PERCENTAGE OF NON-ALUMNI GIFTS:
*As of June 2017, these numbers represent your support since 2011.
Gonzaga Lawyer • 2017
1956 Lloyd Herman, founder of Lloyd Herman & Associates, is celebrating his 50th anniversary as a legal professional. “It’s been a pleasure to be able to help injured victims take on a system that is stacked against them and bring them favorable outcomes against heavy odds,” said Herman. “Fifty years of being able to do this is very satisfying from a personal and professional standpoint. Being able to add value to human beings through legal, psychological and moral support has been extremely gratifying.”
1974 Richard Lemargie was awarded an Honorary Life Membership in the Columbia Basin Development League for his dedicated support of the Columbia Basin Project and its continued development. He is an active honorary member and participant on the Washington State Water Resources Association Legal Committee and received their Leadership Award in 1997.
1975 Patrick Tondreau was
appointed to the Santa Clara County, CA Superior Court in 2002. Most of his judicial career has been in Family and Juvenile Court and he was the 2013 Wilmot Sweeney Calfiornia Juvenile Court Judge of the Year.
Bill Maxey, son of Carl Maxey
(‘51 J.D.), was awarded the prestigious Smithmoore P. Myers Professionalism Award. Myers served two stints as dean of the Gonzaga School of Law, from 1955 to 1965 and from 1975 to 1978. He served as the U.S. attorney for the Eastern District of Washington from 1965 to 1975, and in 1978, was named U.S. magistrate judge for the Eastern District of Washington.
Alliance Defending Freedom announced Michael P. Farris as its new president, CEO, and general counsel. Michael assumed this post as the second ADF CEO, following Alan Sears, who served 23 years as the founding CEO. Alan continues to serve ADF in his new role as Founder of ADF. After 17 years on the bench, Judge James Farber of the family division of the Superior Court of Sussex County, N.J., celebrated his retirement amid friends and family members.
Michael D’Andrea retired as the Hudson County, N.J., assistant prosecutor, serving the last nine years as chief of the Homicide Unit and nearly three decades as an assistant prosecutor handling some of the most high profile cases.
1978 Bill Lyshak has joined Butzel Long in Bloomfield Hills, MI. Lyshak, who also is an accountant, is of counsel and focuses on estate planning.
Houston Putnam Lowry was
elected chair of the Avon Board of Education in Avon, CT. Carol Lessard and Houston were married on July 2, 2016.
Gonzaga Lawyer • Fall 2017
Spokane County Superior Court Judge.
1984 Justice Mary E. Fairhurst was recently elected by her peers as the 56th chief justice of the Washington Supreme Court. Fairhurst first elected to the Court in 2002, 2008 and 2014. She served 16 years in the Washington State Attorney General’s Office and as president of the Washington State Bar Association (WSBA). She earned her undergraduate and law degrees from Gonzaga University. In 2011, the WSBA gave her its highest honor, the Award of Merit.
1981 Kevin Curtis, a principal at
Winston & Cashatt Lawyers since 1997, was awarded the President’s Award from the Washington Association of Criminal Defense Lawyers (WACDL).
Let us know your recent news and accomplishments! You can submit your information and photos by e-mail to email@example.com. We will use them when possible and as space and photo quality permit.
Timothy Fennessey was elected
Susan Seabrook has joined the Washington, D.C., firm of Buchanan Ingersoll Rooney as a shareholder. Susan’s practice focuses on tax controversy, tax administration and litigation while concentrating on highly technical and procedurally complex matters. Joseph Harrington was named the acting U.S. attorney for the Eastern District of Washington by President Donald Trump’s administration.
1989 Mark D. Kamitomo, Esq. of The Markam Group in Spokane was recently inducted into the International Academy of Trial Lawyers (IATL) at their Annual Meeting held April 5-8, 2017.
The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States. The Academy seeks out, identifies, acknowledges and honors those who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court and appellate practice.
federal courts. He also consults with clients on estate planning and asset protection strategies for individuals and businesses.
1997 Meagan Flynn was appointed to fill a vacancy on the Oregon Supreme Court. Flynn has served as a judge on the Oregon Court of Appeals since 2014.
the first Latina woman elected to serve in the U.S. Senate. representing Nevada.
1992 Williams Kastner announced the addition of Stephen P. Arnot to the Portland office. Arnot concentrates his practice in debtor/creditor law, focusing in particular on representing banks, individuals, committees and creditors in Chapter 11 reorganizations and Chapter 7 cases. He also concentrates in commercial litigation including foreclosure actions, receiverships and collection matters in state court in California and Oregon. Arnot has particular expertise in defending and prosecuting preference and fraudulent conveyance actions in state and
Carolyn Zorich has been hired as a staff attorney for Division II of the Washington State Court of Appeals.
1993 The National Trial Lawyers association has listed Alan Brown as one of the Top 25 Motor Vehicle Trial Lawyers and one of the Top 10 Plaintiff Trucking Lawyers in California.
1995 Catherine Cortez Masto is
Dwyer has been practicing with Robinson & Cole for 17 years and is a nationally recognized insurance coverage counselor and litigator.
Kirsten Swanson was appointed Juneau District Court Judge by Gov. Bill Walker. Swanson worked for 13 years as a self-employed defense attorney. She worked in the natural resources section of the Alaska Attorney General’s office and as a public defender before that. Between 1996 and 1999, she served in the U.S. Army’s Judge Advocate General’s Corps, serving as a trial defense lawyer for accused soldiers.
John “Tre” Kennedy was named
Man of the Year by the city of Lebanon, OR. for his volunteer work in the community including the Lebanon Boys & Girls Club, Rotary, Optimist, the Lebanon Booster Club, Pop Warner Football and JBO Baseball. Kennedy is a practicing partner with the Morley Thomas Law Firm.
1998 Haight Brown & Bonesteel LLP, announced that CVM Law Group, LLP, a Sacramentobased full-service law firm, is joining the firm to create a Transactional Practice Group. Suzanne Mulvihill will be joining Haight’s Sacramento office. James D. Shipman, an Everett
Robinson & Cole has appointed Gerald P. Dwyer Jr. (Kip) to lead the firm’s Insurance and Reinsurance Group as chair.
family law attorney, has released his fourth work of historical fiction, It Is Well, set during the bombing of Pearl Harbor and the U.S. entry into World War II. Judge Mark Kay McIff has filled the Spring City Justice Court vacancy. He also is the Justice Court judge in the Sevier
County, Piute County and Fairview City justice courts. He also practices law in the southcentral Utah area.
1999 Former Spokane Mayor Mary Verner has taken a position with the City of Olympia as their chief financial officer. Verner recently served as deputy supervisor for resource protection and administration for the state Department of Natural Resources. She also worked as CEO of Spokane Tribal Enterprises, a group of businesses owned by the Spokane Tribe.
The National Council of Juvenile and Family Court Judges announced Joey Orduna Hastings as the new chief executive officer after a nationwide search.
Mary DePaolo Haddad
joined Helsell Fetterman as Of Counsel and will practice in the firm’s professional liability, employment and commercial litigation practice groups. Haddad is AV-Rated by Martindale Hubbell and brings over 15 years of experience advising and defending clients in matters of professional liability, real estate, construction, Gonzaga Lawyer • Fall 2017
class action copyright and trademark, product liability, school law, employment and premises liability. Seattle Metropolitan Credit Union announced James Trefry as a board member. Trefry has been an SMCU member since 2014. His background includes extensive experience in policy-setting and legislation, as well as human resources and compensation. Throughout his two-decade career, Trefry has been responsible for analyzing and troubleshooting public sector budgets and funding issues and negotiating collective bargaining agreements across Washington state. Currently, he is the Labor Program manager and lead negotiator for the City of Bellevue.
Gov. Jay Inslee to the Spokane County Superior Court.
Brendan Winslow-Nason has
been named a Rising Star from the WSBA for the past 4 years and this year was named Top 40 Lawyers under 40 by the ABA. Jason Leviton was named to
the Law360 Securities Editorial Advisory Board. Levinton is a founding partner of Block & Leviton and focuses his practice on investor protection and shareholder rights. He serves as co-chair of the firm’s new case investigation team and chair of the mergers and acquisitions litigation team.
2004 Marla Hudgens, an attorney
in the law office of Lewis Roca Rothgerber Christie LLP, has been elected a partner within the firm. Hudgens is based in the law firm’s Phoenix office, but also practices in its Reno and Las Vegas locations.
Julia Hilton was named senior counsel for Idaho Power in Boise, ID. Julia previously worked as the in-house counsel for the American Samoa Power Company.
to the Superior Court of Lewis County, Washington, making her both the first woman, and the youngest person ever, to be elected to the bench in Lewis County. She went to work as a Special Agent with NCIS after graduation and then served as a prosecutor in Lewis County.
Tony Hazel was appointed by
Gonzaga Lawyer • Fall 2017
appointed to fill a Spokane County District Court judge position.
Phillips Burgess Law proudly announced that senior associate Trevor Zandell was selected as the new President of the Thurston County Bar Association. Zandell was sworn into his new role on May 12.
Casey Arbenz was named a
partner at The Hester Law Group in Tacoma, WA. He primarily handles personal injury and criminal defense litigation. He also is serving a four-year term on the Gig Harbor City Council. April L. Anderson became a
principal at Randall | Danskin, P.S. April continues practicing in the areas of real estate, business, corporate, finance, securities, healthcare and franchise.
Jeffrey R. Smith has been Joely O’Rourke was elected
Jill Vacchina Dobbs has been named executive director of the SPCA of Northern Nevada. Vacchina Dobbs previously worked in the financial services and tech industries.
Kevin M. Bischoff was made a
member of the Salt Lake law firm of Olsen, Skoubye & Nielson, LLC. Kevin’s practice focuses on commercial litigation, collection, contracts, and transportation.
2008 Laura Koewler Marion has joined Faegre Baker Daniels as an associate on the intellectual property team. She will practice from the firm’s Minneapolis office. Marion will support the intellectual property practice group, with a focus on technology and licensing transactions, including structuring, drafting and negotiating all types of intellectual property and technology agreements. Before joining FaegreBD, Marion was a corporate contracts attorney in sourcing for Target Corporation, where she reviewed multi-million dollar sourcing contracts for various agreements, including technology services such as
class action software as a service (SaaS), software licensing and hardware acquisition.
Joe Kuhlman has opened his own firm, The Kuhlman Law Office in Spokane, WA. He specializes in criminal defense and also handles victims’ rights and immigration.
Brownstein Hyatt Farber Schreck announced that Associate Jessie Pellant was appointed to the Colorado Succeeds Advisory Board.
Fennemore Craig announced the promotion of John Tennert to director in the firm’s Reno office. Tennert represents businesses and individuals in a variety of complex civil litigation, financial service and natural resource matters, and has handled matters involving contract disputes, business torts, fraud, environmental issues, and creditors’ rights litigation. He was named to Nevada Business Magazine’s “Best Up and Coming Attorneys,” and “Legal Elite.”
Stacey Stone was promoted to shareholder with the law firm of Holmes Weddle & Barcott, P.C. The firm maintains offices in Anchorage and Seattle. Stone practices civil law in the Anchorage office with an emphasis in construction, campaign and election finance law, and commercial debt collection.
2014 Jake Stillwell wrote an article
on the relationship between mental health issues and incarceration for the November issues of Northwest Lawyer magazine. Makenzi Weymer accepted an attorney position with Lummi Victims of Crime of the Lummi Nation in Bellingham, WA.
David Lewandowski received
the NCET Technology Advocate of the Year Award at the NCET Tech/Reno Gazette-Journal Business Awards Dinner. Lewandowski is an attorney at Fennemore Craig.
Antonio Garguile was voted “Best Attorney” 2016 by South Sound Magazine. This was voted on by the readers and the local community. South Sound is the only lifestyle publication exclusively for the South Puget Sound.
2013 Molly Rose Fehringer was awarded the 2017 Myra Bradwell Award by the Gonzaga Women’s Law Caucus. As an assistant city prosecutor with the City of Spokane, she has prosecuted misdemeanor domestic violence cases.
U.S. Army veteran Michael Kelly has joined the legal team at Phillps Burgess PLLC, which has offices in Olympia and Tacoma, WA. Before coming to Phillips Burgess, he was a legal intern for Ledger Square Law in Tacoma and a law clerk to the general counsel of Associated Industries in Spokane.
Michael R. Addams of Addams
& Leavitt, PLLC in Spokane, has been honored by the Washington Young Lawyers Committee (WYLC) with its Public Service and Leadership Award. This award recognizes new and young lawyers that embody the WYLC’s and WSBA’s commitment to advancing the profession, service, and community involvement.
Joseph R. Sullivan of Coeur d’Alene, ID. was recently granted membership into the American Association of Premier DUI Attorneys. He is licensed to practice in Washington, as well as Idaho state and federal courts.
Tyler Smith married his college
sweetheart Mackenzie Claire Lee. The two will live in Great Falls, MT. Brian Hardtke was named Director of Policy and deputy counsel for Pierce County, WA. Hardtke grew up in Pierce County, living in Bonney Lake, Puyallup, and Orting. Prior to accepting a position with Pierce County, Hardtke served as a legislative and policy analyst for the Washington State Department of Licensing and previously served as a policy analyst for the Washington State House Republican Caucus.
Idaho Legal Aid Services in Lewiston welcomed Jacob Workman as a managing attorney.
Gonzaga Lawyer • Fall 2017
2017 Honor Roll Lifetime Contributors $1,000,000 and Above
$50,000 - $99,999
Louis and Kathryn Barbieri † Chester and Catherine J. Chastek † Fred and Barbara Curley † Don ‘60 and Va Lena (Scarpelli) Curran, ‘58 John Hemmingson Paul ‘59 and Lita (Barnett) Luvera, ‘77 Smithmoore P. Myers † and Sandy Sandulo -Myers †, ‘39 Smithmoore P. & Sandy Sandulo Myers Trust
Matt and Eleanor Andersen, ‘76 Charles Brink, ‘78 The Brink Foundation Loren and Janell Burke, ‘83 John R. Clark †, ‘80 and The Honorable Ellen K. Clark, ‘82 Harriet Clarke † Marvel Collins Estate Reanette Cook Estate Michael and Rebecca Costello, ‘96 Kevin Curran, ‘88 and Jean-Carlo Rivera Vern Davidson † Joseph P. and Helen K. Delay, ‘52 Delay, Curran, Thompson & Pontarolo, PS James and Frances Flanagan †, ‘40 Jim and Margel Gallagher Bart and Hilke Gallant The Honorable and Mrs. Richard P. Guy, ‘59 Daniel P. Harbaugh, ‘74 Harold and Mary Anne † Hartinger, ‘54 Stephen Haskell, ‘77 Horrigan Foundation, Inc. Greg and Susan Huckabee, ‘76 Helen John Foundation Frank and Maureen † Johnson, ‘51 Bob and Ginny Kane, ‘77 George and Nancy Lobisser, ‘78 John E. Manders Foundation Richard McWilliams Estate, ‘58 John and Guelda Messina, ‘69 Yale Metzger and Susan Richmond, ‘95 Mike and Betty (Onley) Pontarolo, ‘73 Irene Ringwood, ‘84 Elizabeth D. Rudolf John and Nancy Rudolf Dick ‘79 and Karen Sayre, ‘85 Chuck † and Rojean Siljeg, ‘60 Philip † and Margretta Stanton, ‘56 Washington State Bar Association Washington Trust Bank Financial Corporation Katharine Witter Brindley and Ralph Brindley, ‘84 Jim and Joyce † Workland, ‘64
$500,000 - $999,999 Gonzaga University Law Adjunct Faculty Norm † and Rita Roberts, ‘59
$250,000 - $499,999 John † and Nancy Clute, ‘63 John and Deborah Holleran, ‘79 Lewis Orland Estate Jim † and Beverly Rogers Sunbelt Communications Company
$100,000 - $249,999 Holly Louise Caudill †, ‘93 Ben B. Cheney Foundation Harry † and Dorothy Dano, ‘41 William Eddleman †, ‘39 Jerry † and Helen Greenan, ‘57 Mark and Mary Griffin, ‘86 Jerome and Vicki Jager, ‘57 George † and Shari Kain, ‘58 William V. Kelley † Joseph and Muriel Murphy † The Honorable and Mrs. Philip M. Raekes, ‘59 Renee R. Reuther, ‘90 Bill Roach † Patrick and Diane Sullivan, ‘59 Washington Trust Bank Carrie Welch Trust Estate
$25,000 - $49,999
With sincere thanks to our donors, the Gonzaga Law School Foundation proudly recognizes those whose support ensures the school’s continued success through May 31, 2017. Great care was taken to ensure the accuracy of this listing. Should there be any discrepancies, please contact Sarah Guzmán at (509) 313-3738 or email firstname.lastname@example.org.
Gonzaga Lawyer • 2017
American College of Trial Lawyers Gene and Carol Annis, ‘59 Bank of America Foundation David and Nancy Bayley, ‘76 David and Ellen Bolin, Jr., ‘85 Janice Brown, ‘84 Boise Kelly and Sharon Cline, ‘85 John † and Kaye Condon, ‘77 Daniel and Susan Corkery, ‘76 Patrick and Paula Costello Philip and Mary Dolan † John J. and Allison Durkin, ‘80
Mr. Phillip E. Egger, ‘81 Bill Etter, ‘78 Richard C. and Susan Eymann, ‘76 Rick Flamm ‘79 and Vesna Somers, ‘81 Michael A. and Patricia L. Frost, ‘73 Joe † and Joan Gagliardi, ‘59 Stevan Hann Jeffrey and Diana Hartnett, ‘76 Michael and Karen Harwood, ‘88 Dennis M. Hottell and Terese Colling, ‘76 Inland Northwest Community Foundation Steven Jager, ‘80 Jager Law Office PLLC Jewish Community Foundation of Greater Phoenix, Inc. Mr. and Mrs. Richard Johnson, ‘75 Dan and Margaret † Keefe, ‘74 King County Bar Foundation Lee & Hayes, PLLC Ellen (Kremer) Lenhart, ‘87 Bill and Suzanne Lindberg, ‘73 Timothy J. Lynes ‘84 and Joan C. Morningstar, ‘83 The Honorable John J. Madden, ‘68 Dick Manning and Jen Gouge, ‘60 Helen McDonald † Alejandra Mireles, ‘04 Joe Nappi, Jr. and Mary Nappi, ‘72 Wes and Mary Lee (Toepel) Nuxoll †, 54 Verne and Mary Oliver † Dean Lewis H. † and Mrs. Jackie Orland † Patton Boggs Foundation Marie Pintler Donald and Christie Querna John R. Quinlan, ‘60 Gary and Sharon Randall Diehl † and Anne Rettig, ‘69 The Honorable and Mrs. J. Justin Ripley, ‘64 Kerm † and Fran Rudolf †, ‘51 Rudolf Family Foundation James and Marilyn Sachtjen The Honorable and Mrs. † Richard J. Schroeder, ‘63 John and Penny Schultz, ‘63 Roger † and Angelika Smith, ‘58 Skip Smyser, ‘77 Jim and Margaret Solan †, ‘49 Lee M. Solomon Estate Joseph and Parker Sullivan, ‘85 David and Kay Syre, ‘72 Paul and Gail Taylor, ‘84 Phebe Thompson Robert Thompson, Jr., ‘73 Union Pacific Foundation United Way of Benton & Franklin Counties United Way of King County The U.S. Charitable Gift Trust J. Prentice Warner Estate Clifford and Karen Webster, ‘77 Dennis and Jackie Wheeler
$10,000 - $24,999 Keller W. and Kathy Allen, ‘89 American Academy of Matrimonial Lawyers Phillip Armstrong, ‘78 Association of Corporate Counsel Washington State Chapter Basil Badley and Mary Margaret Haugen, ‘60 Jim and Linda Baker, ‘79 BarBri Bar Review The Honorable and Mrs. Paul Bastine, ‘64 Jim and Lynelle (Wahl) Beaulaurier, ‘77 Mark Beggs and Florfina Cacanindin, ‘80 Janice H. Bennett, ‘89 James Berlin † Allen Brecke, ‘77 Roger G. Brown, ‘80 The Honorable Franklin D. † and Mrs. Treava Burgess, ‘66 Paul Burglin and Ramona Sanderson-Burglin, ‘84 Bruce and Judy Butler, ‘80 William and Judy Carlin, ‘76 Carney Badley Spellman Thomas and Joan Chapman, ‘66 Paul Clausen Estate, ‘40 Mr. Charles A. Cleveland, ‘78 and The Honorable Joyce J. McCown, ‘80 John and Mary S. Close †, ‘38 Thomas and Barbara Cochran, ‘75 Francis † and Audrey Conklin, ‘48 James P. † and Marianne Connelly, ‘49 John and Mary Jo Costello The Honorable Kenneth L. Cowsert, ‘73 James and Carolyn Craven, ‘75 George and Diane Critchlow, ‘77 Paul and Joan Delay, ‘86 Fred O. Dennis Estate Ralph Dixon, ‘77 Gary J. and Claire Dmoch, ‘76 Gary J. Dmoch & Associates Norb † and Ruby Donahue, ‘41 Kevin and Jackie Driscoll Paul † and Carol Eng, ‘87 Robert Evans and Lisa Fitzpatrick, ‘78 Justice Mary E. Fairhurst, ‘84 Roger A. Felice, ‘73 Joe Fennessy, Jr. †, ‘40 Fidelity Investments Charitable Gift Fund James † and Mikell Fish, ‘62
Dan and Karen Flynn, ‘83 Professor and Mrs. Michael F. Flynn, ‘77 Francois X. and Debra J. Forgette, ‘77 Merrit and Yolanda Foubert †, ‘51 Gary Gayton, ‘62 Phelps R. and Mary Jean Gose, ‘62 William and Margaret † Grant, ‘54 Paul D. and Nancy Greeley, ‘82 Bill † and Norma Grismer, ‘53 Frederick Halverson, ‘61 Hands Off Cain - European Parliament Frank P. Hayes †, ‘43 Howard and Darlene Herman, ‘62 Lloyd and Linda Herman, ‘66 Prof. Gerald Hess and Dr. Layne Stromwall E. J. Hunt, ‘80 IBM Corporation Mark R. Iverson and Michaele E. Dietzel, ‘88 Mary Lou Johnson and Dr. Daniel Schaffer, ‘92 Johnson & Johnson Law Firm, PLLC Robert Keefe, ‘73 Marcus † and Dorothy Kelly, ‘57 Daniel L. Keppler, ‘92 and Meagan Flynn, ‘92 Mike and Terri Killeen, ‘77 James and Mary Anne (Metcalfe) King, ‘78 Paul M. and Kristina S. Larson, ‘75 Alex and Karen Laughlin, ‘85 Tom Lewis Tom J. Lucas, ‘76 Earl F. Martin The Honorable Craig Matheson, ‘76 Prof. John Maurice Lenora McBirney † Mr. Leo A. McGavick †, ‘29 The Honorable † and Mrs. J. Ben McInturff, ‘52 Robert and Christina McKanna †, ‘54 Scott ‘90 and Nicole (Annis) McKay, ‘92 Donald and Mary Moore †, ‘53 Daniel and Mary Beth Morrissey Ann Murphy The Honorable and Mrs. James M. Murphy, ‘73 Jerry Neal, ‘69 Northern Trust Bank Northwest Fund for the Environment Stephen and Karen Osborne, ‘73 Charles I. and Helen Palmerton †, ‘52 PEMCO Mutual Insurance Company Tony and Patty Philippsen, ‘73
Harry B. and Alethea A. Platis, ‘69 Estate of Louis Powell Preston Gates Ellis & Rouvelas Meeds, LLP Tim Quirk and Sally Bulger Quirk, ‘73 Les and Clara Randall † Prof. Speedy Rice and Judy Clarke John and Joy Richards, ‘87 Sheila C. Ridgway, ‘84 Ridgway Law Group, P.S. The Honorable Jack J.and Patricia Ripple †, ‘50 Ronald A. and JoAnn L. (Salina) Roberts, ‘64 The Honorable Michael P. Roewe, ‘74 Sayre & Sayre P.S. Nicholas Scarpelli, ‘74 Albert † and Betty Schauble, ‘58 Gerald and Rita Schears John A. † and Catherine Schultheis, ‘61 Dennis P. and Marie T. Sheehan, ‘76 Stokes Lawrence, P.S. Irene Strachen Charitable Trust Stritmatter, Kessler, Whelan, Withey, Coluccio Robert Sullivan, ‘86 Gaetano J. and Melissa Testini, ‘00 The Honorable and Mrs. † Joseph A. Thibodeau, ‘66 James and Carmelita † Thomas David and Angelica Torres, ‘86 Prof. Mary Pat Treuthart and Mr. Dan Webster James † and Marian Triesch, ‘41 Patrick and Kristina Trudell, ‘80 Joseph and Janna Uberuaga, ‘77 United Way of Spokane County The Unova Foundation Prof. James M. Vache Donald Verfurth, ‘85 Verizon Foundation Marc and Nancy Wallace, ‘75 James and Kathleen Walsh, ‘81 Dr. Thomas and Bonnie Walsh, ‘90 Washington Judges Foundation Stan and Gina Welsh Western Atlas Foundation The Honorable Donna L. (Kamps) Wilson, ‘80 The Honorable † and Mrs. John F. Wilson, ‘56 Mark E. Wilson Winston & Cashatt James and Jackie Wolff, ‘74 Women’s Law Caucus
“Being a scholarship recipient has helped me accomplish dreams I never thought were possible. As a first-generation college student, I never thought I’d get to go to law school. Thank you for helping me get one step closer to my dream of advocating for international human rights.” Rina Bozeman, 2L Medford, OR
Gonzaga Lawyer • Fall 2017
Please join us in celebrating our new Gonzaga Law graduates! Among the highlights of the 2017 class: • 107 Juris Doctor Degrees • 16 Accelerated (two-year) Degrees • 3 J.D. for Internationally Educated Lawyers • 7 Thomas More Scholars
We also honored Thomas W. Hillier (‘73 J.D.) with the degree Doctor of Laws. Ret. Justice Richard P. Guy (‘59 J.D.) received Gonzaga’s Law Medal in recognition of his exceptional lifetime commitment and service to justice. Gonzaga Lawyer • 2017
In Memoriam The Gonzaga School of Law extends its deepest condolences to the families and friends of the following alumni and friends (†). Michael Beegle
Leonard M. Blumenthal
John Bucher, Jr.
The Hon. Harold Clarke, Jr.
The Hon. Salvatore F. Cozza (’77 B.A.) † Joseph DiGregorio
Mary (Koehmstedt) Doyle
Joy E. Duggan
Lana Cece (Verhoogen) Glenn
Robert F. Hauth
John J. Mann
Robert E. Munk
Susan L. Munk
Richard A. Perrey
Howard B. Segal
Brad Lee Swaner
Jeff G. Trull
Carl N. Warring
Hunt M. Whaley
Charles Wood †
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