Gonzaga Law Magazine 2018

GONZAGA LAW

2018

Creating Knowledge

Sharing Knowledge

Preserving Knowledge

Bridging the Gap Between Brand and Trademark Law

Contributing to Federal Practice and Procedure Treatise

Navigating the Past, Present and Future of Law Libraries

Creating, Sharing, and Preserving Knowledge Gonzaga Law remains committed to upholding the Jesuit educational values that make a Gonzaga education unique and enduring. In this issue, we celebrate our faculty’s excellent work in realizing the Jesuit commitment to creating, preserving, and sharing legal academic knowledge. We feature a young scholar who pushes the boundaries with her innovative ideas; a distinguished scholar devoted to writing critical, widely read legal authority; and our library director, who is a writer and national leader on the edge of library technology and information systems.

We are grateful to Tomm Moore, the director of The Secret of Kells, and the animation studio Cartoon Saloon for their generous permission to use images from the film throughout this issue. The Secret of Kells is an animated feature told from the point of view of a young boy sent to live in a monastery with his formidable uncle. In that monastery, the young boy discovers the value of creating, preserving, and sharing knowledge. While the story has some fantastic elements, at its core it celebrates the wonder and beauty of knowledge.

See more on page 20.

Gonzaga Law Magazine | 2018

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GONZAGA LAW

2018

Gonzaga University School of Law established 1912

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facu lty featu re

Knowledge

Create / Share / Preserve Creating Knowledge Jessica Kiser Sharing Knowledge Ann Murphy Preserving Knowledge Patrick Charles

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Gonzaga Hires Jacob H. Rooksby as Dean of the Law School Otterbox CEO and GU Law Alum Jim Parke Speaks to Students

Sections 6 In the News 8 Events 12 Alumni Profiles

Elder Law Clinic Helps Restore a Home

14 Clinics

Law Students Tackle Environmental Law with Case Against Pend Oreille PUD

17 Global Impact 20 Faculty Feature 30 Faculty in Focus 34 2018 Graduates

Eight Students Travel to The Hague for Fellowship at International Criminal Court

37 Moot Court Competitions 38 Faculty Accomplishments

Embracing the Inescapable with Professor Stephen Sepinuck

42 Class Action 45 Campaign 47 Honor Roll 49 In Memoriam

President

Managing Editor

Contributing Writers

Graphic Designer

Thayne M. McCulloh

Kevin Carr

Reanne Hoblin

Dean

Faculty Advisor

Jacob H. Rooksby

Kim Hai Pearson

Kevin Carr Jessica Kiser Ann Murphy Kim Hai Pearson

Editor-in-Chief

Senior Writer

Jeff Geldien

Anna Creed

Project Managers

Dale Goodwin Kevin Carr

Photographers

Zack Berlat Keith Currie

Gonzaga Law is published annually for alumni, faculty, staff, and friends of Gonzaga University School of Law. Please contact the Office of Alumni & External Relations at 509-313-3738 or guzmans@gonzaga.edu if you have comments or suggestions.

Visit us online at gonzaga.edu/law.

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Salute to our image makers Cover illustration by Dave Cutler.

Zack Berlat, Gonzaga’s staff photographer, and Keith Currie, a Spokane freelance photographer, have their excellent work featured throughout this publication.

A Welcome from Dean Rooksby What an honor to be named the 17th dean of Gonzaga Law School! The institution has a well-deserved reputation for its focus on social justice and commitment to providing a durable education that prepares students for modern practice. My wife, Susan, and our 5-year-old daughter, Mary Foster, join in my excitement in moving to Spokane.

The law school benefits from the leadership and commitment of many people. Judge Kathleen O’Connor (J.D., ’75) chaired the search committee with professionalism and gusto. Thanks go to her and the committee members for their dedication to the process as well as to the law school faculty, staff, and alumni who generously invested their time in the search. I am excited to be your next dean and look forward to working with you.

Jacob H. Rooksby, Dean Gonzaga School of Law

Follow Dean Rooksby on Instagram @ZagLawDean

The outgoing dean, Jane Korn, leaves big shoes to fill. Under her leadership, Gonzaga Law emerged from a difficult period nationally for legal education. The successes of the past seven years—and there are many—can be traced to Jane’s vision, tenacity, and calm leadership. How fortunate for all of us that Jane will be continuing her contributions to the school as an active member of the faculty.

It’s no secret that legal education continues to face challenges. The competition for students is stiff, which affects tuition revenues and numerical reporting. Bar passage rates and career outcomes continue to receive enhanced attention by students and regulators alike. Student debt from college and law school continues to grow. And everyone recognizes that continued curricular innovation is critical.

At the same time, advances “in the real world” are undeniable. We live in a time when students’ proverbial “first car” is likely to be an Uber. Clients now look to apps instead of the Yellow Pages or even the internet to find an attorney. And while established legal employers are not going away, more professionals are seeking casual engagements that provide them the independence to “be their own boss.” The practice of law continues to require nimble human intelligence but also knowledge of how artificial intelligence will impact practices.

Law schools face moral and business imperatives to serve these changing markets and demands. Fortunately, Gonzaga Law School is positioned to meet these challenges and thrive in the face of them. Working with President Thayne M. McCulloh and colleagues across the university, we are poised to explore new ways the law school can be of service to the broader university community, and how that community—through its diverse educational offerings— can positively impact the law school. At the same time, the law school holds great potential to increase its influence on the legal, business, medical, and social services communities in the region. Input from faculty, staff, and alumni will be central to envisioning the range of possibilities available to the law school as we work to enhance our reach as an indispensable provider of legal education in Spokane and beyond.

Gonzaga Law School’s Jesuit identity gives it many unique advantages as well as solemn commitments. Our humanistic, multidimensional approach to legal education is well equipped for the zeitgeist. A Jesuit education is a forward-looking one, with ample skills provided to pursue justice and find solutions. Amid so many changes in the higher education and legal landscapes, those pursuits remain timeless—for our students and for all of us working to further Gonzaga Law School’s noble mission.

Jacob H. Rooksby, J.D., Ph.D. Dean and Professor, School of Law Professor, School of Education

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In the News...

Jacob H. Rooksby Gonzaga’s New Law Dean After a national search, Gonzaga University hired Jacob H. Rooksby, J.D., Ph.D., as the new dean of the Gonzaga School of Law. Rooksby served as associate dean of administration and associate professor of law at Duquesne University School of Law in Pittsburgh. A renowned expert in intellectual property law, Rooksby also brings administrative expertise, a love of legal scholarship, and a passion for higher education.

“It is my immense honor to be selected to serve as the next dean of Gonzaga University School of Law,” Rooksby said. “I look forward to working with the faculty and staff to build on the institution’s rich history and the many successes of Jane Korn, whom I am delighted to have as my colleague.”

Jacob H. Rooksby, J.D., Ph.D.

U.S. District Court Judge Rosanna Malouf Peterson Receives the Gonzaga Law Medal U.S. District Court Judge Rosanna Malouf Peterson received the Gonzaga Law Medal in recognition of her exceptional lifetime commitment and distinguished service to justice through the practice of law.

Confirmed in 2010, she is the first woman to preside over the Eastern District of Washington.

Before becoming a judge, Peterson practiced law and taught at the Gonzaga School of Law. She began as an adjunct professor in 1999 and by 2010, when she took her seat on the bench, she was an assistant professor and director of the school’s externship program. Peterson also held several positions in the Washington Women Lawyers Bar Association, including being state president, and later, a board member of the Washington Women Lawyers Foundation.

In 2006, Peterson received the Smithmoore P. Myers Professionalism Award, the highest honor granted by the Spokane County Bar Association.

Rosanna Malouf Peterson, U.S. District Court Judge

Law Professor Jessica Kiser Wins Ladas Memorial Award for Trademark Scholarship Jessica Kiser, recently tenured associate professor, won the 2018 Ladas Memorial Award from the International Trademark Association for her article “Brandright.” The annual award recognizes the best paper on the topic of trademark law published by a professor or practicing attorney.

Jessica Kiser, Associate Professor of Law

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In “Brandright,” Kiser reveals the ways in which trademark law can encourage, and even force, trademark owners to silence consumers who want to create fan websites or groups devoted to a beloved trademark and brand.

To read an excerpt of the “Brandright” article, see page 22.

In the News...

Justice Steven González Spends a Week as Part of the Gonzaga Law Community The Center for Civil and Human Rights at Gonzaga Law brought the Honorable Justice Steven C. González of the Washington State Supreme Court to the law school to teach a one-week, one-credit course on Washington state constitutional law. While he was here, González wholeheartedly became part of the Gonzaga community, teaching and mentoring students as well as participating in the Linden Cup student competition and the Clarke Prize in Legal Ethics CLE. “My week at Gonzaga made me question my career choice not to become a professor. The students were bright, prepared, and fully engaged in the material.”

Steven C. González, Washington State Supreme Court

PreLaw Magazine Gives Gonzaga Law Facilities Top Honors PreLaw Magazine, a National Jurist publication, has given the Gonzaga School of Law an “A” grade for its phenomenal facilities, ranking it among the best in the country.

Completed in 2000, the law school building is a four-floor, high-tech facility that includes a two-story courtroom, a three-story library, lounges, clinics, and a suite of interactive classrooms with fiber-optic network access at every seat. Law students can always plug in, but when they want to unplug, they can be found on a river-view balcony or relaxing on the school’s lawns, watching the marmots play near the Spokane River.

Gonzaga Law School

Gonzaga Law Hires Genevieve Mann as Director of Elder Law Clinic Gonzaga Law hired Genevieve Mann, J.D., M.S.W., as the director of its Elder Law Clinic, a communityserving program where students earn credit hours by working on real cases and serving actual clients under the supervision of practicing attorneys. Mann, who graduated from Gonzaga Law magna cum laude in 2003, has been in the position on a contract basis for two years and has been an adjunct professor since 2006.

Genevieve Mann, Director of Elder Law Clinic

“As a former Gonzaga Law student who benefited from the clinic,” Mann says, “I know firsthand the dedication and compassion of our faculty to teach law students how to become effective lawyers and passionate social justice advocates. Now, the best part of my job is walking alongside these enthusiastic, driven, and compassionate students in action.”

Staff Hires & Promotions Hires

Promotions

Camesha Little Director of Student Success

Laurie Powers Assistant Dean for Professional Development

Kevin Carr Marketing and Communications Manager

Jeff Geldien Assistant Vice President for Academic Development

Nicole Herrera Assistant Director, Center for Civil and Human Rights

Sarah Guzmán Assistant Director of Annual Giving and Alumni Relations

Annie Yeend Marketing and Communications Coordinator Gonzaga Law Magazine | 2018

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Events

Jim Parke speaking to students

OtterBox CEO and GU Law Alum Jim Parke Speaks to Students Jim Parke (J.D., ’06) is CEO of Otter Products, which owns OtterBox, a dynamic leader in the design and manufacture of cell phone cases. Parke returned to Gonzaga Law in January to speak about his path from law student to CEO of a global corporation.

“The relationships you create here may lead to future opportunities,” Parke explained. One of Parke’s first tasks after becoming chief legal officer at Otter, he told students, was to build a legal department. “I called up an old classmate.”

Senator Cortez Masto (’90) Challenges Law Graduates at 2018 Commencement

Senator Catherine Cortez Masto (D-Nev.) delivered an inspiring address at Gonzaga Law’s 2018 Commencement on May 12, 2018, highlighting her journey of being a “first” and sharing nostalgic memories of her days at the university.

Cortez Masto is the first Latina elected to the U.S. Senate and the first woman elected to that body from Nevada.

“It’s one thing to make history being the first, but it also means that I now have a seat at the table to be a voice for those who are underrepresented [and] to ensure that the door I walked

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Though Parke’s deep understanding of corporate law and finance has helped drive strategic development throughout the years, Parke indicated that as either a law student, partner, in-house attorney, chief legal officer, or CEO, he can attribute his professional success to exercising compassion. “Leadership becomes easier if you lead from a place of empathy,” he said.

“People like to feel that they are understood.”

Parke asserted that Spokane remains one of the most favorite places he has ever lived.

“If I had to do it all over again, I wouldn’t pick anywhere other than Gonzaga Law.”

through to get here is open even wider for others to follow,” said Cortez Masto. “Never be afraid to take that initial step.”

Masto told the graduating class that while there were differences in her experience during an earlier era on campus, the mission and values of a Gonzaga Law education remain consistent.

“Remember your oaths. Remember your ability to bring someone else’s voice forward—and remember that your own unique perspective as stewards of the law is so important,” she said.

Events

Global Data Privacy Focus of Ninth Annual Quackenbush Lecture At the Ninth Annual Judge Justin L. Quackenbush Lecture in April, George Socha, a managing director in BDO Consulting’s Forensic Technology Services practice, discussed the growth and breadth of electronic data and its clash with data privacy.

As co-founder of the Electronic Discovery Reference Model (EDRM), Socha helped develop a framework that outlines the standards for the recovery and discovery of digital data. “When we thought of discovery,” recalled Socha, “it hadn’t dawned on folks that we’d be gathering information from computers and cell phones.” Not only can a litigator now get the information contained in a text chat or email string but also the metadata, he explained, which details how and when the data was created.

Data privacy is not “a real focus in the U.S.,” said Socha, unlike in the European Union, where the General Data Protection Regulation recently came into effect.

Socha has authored more than 50 articles and spoken at more than 200 engagements across the world on a variety of e-discovery topics. He has utilized his extensive knowledge more than 20 times in providing expert testimony.

George Socha, Managing Director of the Forensic Services Practice of BDO Consulting

Gonzaga Night at Safeco Field Brings Law, University Alumni Seattle’s Safeco Field was alive with the sounds of Zags on June 2, 2018. While the Mariners beat the Tampa Bay Rays 3–1, Zags celebrated baseball during the fourth annual Gonzaga Night at Safeco Field. Law School alumni were out in force, including Fred Rivera (J.D., ’93), the Mariners’ general counsel and executive vice president. Even though this event is only in its fourth year, the mix of Gonzaga and baseball is a divine combination. Five dollars of every ticket sold for the event is earmarked for the endowed Seattle Regional Scholarship.

Left to Right: Fred Rivera (J.D., ’93), Camden Finney (’06), Silas Melson, Steve Hertz, Max Manix (’11), Brooke Sullivan (’03)

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Events / Blurbs

Howard H. Herman (’62) Honored at Red Mass The Gonzaga Law community came together to celebrate Red Mass in the University Chapel last September. Because gifts of wisdom, understanding, counsel, and fortitude are invoked upon the congregants in attendance, Gonzaga Law elects to present the Distinguished Legal Service Award to an alumnus embodying these traits.

This year, the law school presented the award to Howard H. Herman, who graduated from Gonzaga Law in 1962. In addition to a distinguished career, Herman volunteers with the Spokane County Bar’s Volunteer Lawyer program representing tenants in housing disputes and also with the Northwest Mediation Center.

State Supreme Court Justices Judge Linden Cup Finals The final round of the 2018 Linden Cup, an appellate advocacy competition, was judged

by Washington State Supreme Court Justices Steven C. González and Susan Owens and Idaho Supreme Court Justice G. Richard Bevan.

“I always look forward to Linden Cup,” Owens said, “because the efforts of the students exhibit great scholarship and enthusiasm.”

2L students Briana Ortega and Ethan Vodde won this year’s competition.

“The presentations were outstanding and truly impressive,” Jim Sweetser reported, “evidence [that] Gonzaga Law grads will make some of the best trial lawyers in the country.”

Inaugural Sweetser Closing Argument Competition

Clarke Prize in Legal Ethics CLE: “Access to Justice as an Ethics Issue”

Gonzaga Law hosted the first annual Sweetser Closing Argument Competition sponsored by the Sweetser Law Office. Jim Sweetser (J.D., ’84) and his son, Marcus, designed a competition that allows students to argue for civil justice and monetary damages on a personal injury or civil rights case, try their oral advocacy skills, and receive feedback from experienced trial attorneys and judges.

The annual Clarke Prize in Legal Ethics CLE in April addressed ethical questions regarding nonlawyer ownership of law practices, pro bono activities, community lawyering, and diversified legal services. The winners of the Clarke Prize student writing competition, announced following the panel discussion, were Angela O’Meara, first; Carrie Lofts, second; and Anthony Bandiero, third.

“The presentations were outstanding and truly impressive,” Jim Sweetser reported, “evidence [that] Gonzaga Law grads will make some of the best trial lawyers in the country.”

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Gonzaga Law Magazine | Fall 2018

You’re Invited

12.10.18

U.S. Supreme Court Swearing-In Ceremony Admission to the Supreme Court Bar

An invitation from Gonzaga Law Please join fellow alumni for the experience of a lifetime. Gonzaga Law alumni from all over the country will gather in Washington D.C. on December 10, 2018 for a special SwearingIn Ceremony to the Bar of the United States Supreme Court.

Continental Breakfast | Photo Opportunities | Luncheon on Capitol Hill For more information and registration, contact Jeff Geldien at geldien@gonzaga.edu or visit gonzaga.edu/law.

Gonzaga Law Magazine | Fall 2018

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Alumni Profiles

Michele Storms Michele Storms (J.D., ’87) embodies the yogic phrase “skill in action.” “I came to public interest work because I was appalled at the disparities in the world—how can we as a just society have so many people who live unsheltered?” Storms felt that GU was a great pick because “there is a sense of social justice mission in the Jesuit tradition and also I was grateful and honored to be a Thomas More Scholar.”

Through the Thomas More program, she volunteered for numerous community service projects. She also worked on the Gonzaga Law Review, competed in moot court competitions, and served real clients in the community through the law school’s clinic. “I had such great classmates and professors and felt I was always being challenged to learn and stretch my own limits. I’m incredibly grateful for my experience at GU Law.” After Gonzaga, Storms launched a career as a public interest lawyer. She taught at the University of Washington School of Law and founded the school’s Children and Youth Advocacy Clinic. Storms later became the assistant dean for public service and executive director of the William H. Gates Public Service Law Program at the University of Washington School of Law. In 2016, she became deputy director of the ACLU of Washington.

In 2015, Storms received the Distinguished Service Award from the Washington State Bar Association’s Civil Rights Law Section. Her nomination cited her significant contributions as a practicing attorney, a leader in the legal community, and an educator training future generations of civil rights attorneys.

Cullen McGowan Cullen McGowan (J.D., ’15) knew what he wanted to do before he ever came to Gonzaga Law. On his law school résumé, he listed “traveling to baseball stadiums” as one of his personal interests. He came to Gonzaga with his bachelor’s in business from the University of Arizona, complete with a sports management certificate. So it wasn’t a surprise when he spent his 2L summer interning with the UFC—that’s right, the Ultimate Fighting Championship in Las Vegas. Throughout his 3L year, McGowan worked for Gonzaga’s Corporate Counsel and still found the time to compete in Tulane University’s International Baseball Arbitration Competition.

All of these experiences—in the classroom and in practice—positioned him to take his first step to his ultimate goal: becoming a baseball executive. His first job after Gonzaga Law was with Baseball Prospectus, a website and publication that provides “cutting-edge baseball statistics” along with articles and information for MLB teams, industry executives, and fans.

McGowan then enrolled in Columbia University’s master’s program in sports management with an emphasis on analytics. While in this program, he worked as an associate scout for the Brewster Whitecaps in the Cape Cod Baseball League from July 2016 through February 2017.

As a master’s student, McGowan also interned with TrackMan, a leader in sports analytics that works with every MLB team, many top Japanese and Korean teams, and various NCAA teams and U.S. amateur baseball organizations. After starting as a baseball analytics intern, McGowan was promoted to baseball operations coordinator in December 2016 and to assistant manager of baseball operations and data acquisition in February 2018.

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Alumni Profiles

Nancy Allen Nancy Allen (J.D., ’15) doesn’t do things by halves. After serving as a translator for both the Croatia Ministry of Defence and secretary of state, she became the director of investor relations for the American Capital Group (ACG) in Bellevue, Washington.

She was ACG Employee of the Year in 2009—the same year she started her MBA studies. Finally, she made the sensible decision to come to Gonzaga Law, where she graduated summa cum laude.

So what does she do now? She is the vice president of real estate for Stay Alfred vacation rentals. The company has served over 350,000 guests by leasing apartments in urban centers to business and vacation travelers who want something more than the typical hotel—and something more enjoyable than the risk of sharing a room at an Airbnb. The company saw about $25 million in revenue last year and is eager to expand. Thankfully, they have Allen to oversee its real estate options.

“Don’t ever underestimate the value of a Gonzaga law degree,” Allen said. “My degree has been the most versatile and important aspect of my career development since graduating. Regardless of your career field, this degree brings enormous value.”

Dave Matt When Dave Matt (J.D., ’16) came to Gonzaga Law, he decided that he was going to do school right. During his time at Pepperdine earning his bachelor’s degree in business communication, Matt has “no recollection of stepping foot in the library during those four years—other than to look for my girlfriend.” As a junior, he launched a surf-wear company, which was the starting point for his 15-year entrepreneurial career in the action sports industry. So why switch from wetsuits to lawsuits?

Matt says that “at one point, I was wildly successful at losing all my money, which led to a year of decompressing in Costa Rica. Law school started sounding interesting upon my return to the States. So, at age 39, I moved to the Great Northwest with my four kids and that college girlfriend who I’d somehow convinced to marry me.” He approached Gonzaga Law education like it was his next business venture and became enormously familiar with the law library. “It took me a semester, but I figured out how to study, read cases, and prepare for exams. I didn’t realize it at the time, but law school wasn’t just filling my brain with data, it was training me to process data in a certain way, like a lawyer,” he said.

Now he is general counsel for Kochava Inc., headquartered in Sandpoint, Idaho. It provides real-time software that helps advertisers understand their audiences and improve the efficiency of every advertising dollar. Kochava’s customers include the world’s top advertisers and Fortune 100 companies, which depend on Kochava to gather and analyze the data that helps them deploy $6 billion in ad funding.

Counseling any successful company is a challenge, but in a field that is evolving so quickly, the challenge grows exponentially.

As for his Gonzaga Law experience? Matt “couldn’t care less about retaining the rules of evidence or the 16 elements of adverse possession, because those things don’t impact my life today. But putting in the hard work of understanding those concepts back in school has proven to inform how I approach the legal issues I encounter in my current context.”

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Clinics

Elder Law Clinic Helps Restore a Home Recent graduate Taylor Hennessey was a legal intern in the Elder Law Clinic at University Legal Assistance—Gonzaga Law’s clinical program—when he first met his client in May 2017. At that time, the client was in a tough spot. What do you do when a family member turns into a squatter who destroys your home?

The client and his wife bought their home in 1997. In 2005, they let his wife’s adult son stay with them so he could “get back on his feet.” The client’s wife died in 2009. In 2011, the client’s stepson again needed a place to stay, and the client, still grieving from his wife’s death, wanted to help his stepson. The client allowed his stepson to move into his home “for a couple of months,” rent-free, which turned into five years. In September 2016, the client asked the stepson to leave. The stepson moved out but returned a month later to pick up his stuff, as he told the client, and stayed. The stepson’s girlfriend also moved in, along with a few more friends. All without the client’s permission.

By December 2016, fearing the squatters’ drug use and his stepson’s violent behavior, the client moved out of his home. He repeatedly asked them to leave. The rotating cast made indelible marks on the client’s home: from padlocking doors and ripping out wiring and drywall to selling the house’s contents for drug money. The house was filled with the detritus of hoarders and drug use—all kinds of rubbish, including used needles.

The client tried to work with the police but was told it was a civil matter, and they could do nothing without a court order.

To make matters worse, the city was threatening to file a nuisance action against the client due to the drug activity and noise at the home.

So the client approached Gonzaga Law’s Elder Law Clinic.

But how to help? “It’s kind of unique, this legal question,” said Hennessey, “because they don’t fall under the Landlord Tenant Act because they were not paying rent and are not considered ‘tenants’ … so it’s kind of interesting with family members there.”

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The rotating cast made indelible marks on the client’s home: from padlocking doors to ripping out wiring and drywall to selling the house’s contents for drug money.

The house was filled with the detritus of hoarders and drug use—all kinds of garbage, including used needles.

The clinic considered a Vulnerable Adult Protection Order to stop the squatters’ conduct, but according to the statute, the client did not meet the definition of “vulnerable adult.” So Hennessey and Genevieve Mann, clinic director, determined that a common-law ejectment action would be the best strategy. Hennessey drafted the complaint, piecing together the legal basis as well as the factual story. It was difficult to put a name to each squatter defendant. Service proved another headache.

But the squatters never filed an answer and Jason Tholen, another Elder Law legal intern, took over the case the next semester and obtained a default. Armed with a court order, Tholen worked with the Spokane Sheriff’s Office to clear the squatters out, and the client began to rebuild.

Hennessey said that while he was working on this client’s case, he was in charge of three other clinic cases that mirrored it. “It’s something that is not going away in our community. And we’re looking for a reasonable way to resolve it that’s cost-effective and time-efficient,” he said.

As for his overall clinic experience? Hennessey says that he came to Gonzaga Law because he wanted to be a litigator and that his clinic work “really opened my eyes as to … how much time you have to give.” Hennessey realized that the number of hours spent on a case didn’t always correlate to the impact that case had on a client—even small cases had outsized effects. “And that’s pretty cool. It’s why I came to law school, to have that tangible effect.”

Clinic work “really opened my eyes as to … how much time you have to give.”

“This was the one thing standing in their way. It was a powerful experience to hear this story, and help with one tiny piece of someone’s passion and drive to pursue their dreams.”

Gonzaga Law Expands Criminal Records Clinic with Help of Thomas More Scholar Angela O’Meara, Thomas More Scholar

The Criminal Records Clinic, originally called the Juvenile Record Sealing Clinic, has provided significant services to members of the Spokane community since the law school’s Thomas More Scholars program developed and implemented the clinic in the 2012-2013 academic year. Still organized and staffed

by Gonzaga Law students working in conjunction with local attorneys, the clinic is an example of the way Zag Law students get the chance to serve local clients and the Spokane community from the beginning of their legal education. The clinic now resides under the aegis of Gonzaga Law’s Center for Law in Public Service but still relies on law students to function.

Gonzaga Law’s Thomas More scholars started the clinic because even a juvenile criminal record can pose a significant barrier to a person’s ability to gain education, housing, and employment.

Along with helping community members navigate the legal

The odds that a taxpayer will win attorneys’ fees are slim. Very slim.

Gonzaga’s Federal Tax Clinic Accomplishes the Highly Unusual After winning before the Ninth Circuit, the Federal Tax Clinic decided to go for broke in Palomares v. CIR and pursue attorney’s fees. Second-year clinical student Michael Merkelbach, under the supervision of the clinic director, Jennifer Gellner, took the lead in researching, drafting, and filing the Motion for Attorney Fees.

Merkelbach also prepared the spreadsheets that documented students’ and attorneys’ hours spent on the case over the past four-and-a-half years.

“It was amazing how long everything took. There was so much research, so much writing, and so much re-writing,” Merkelbach said. Other clinic students helped with researching cases and legal theories as well as drafting responses. Merkelbach appreciated the team approach and the sheer amount of research

Clinics

pathway to expunging their juvenile offenses under Washington law, Gonzaga Law students also participate in community outreach events to help spread the word about the clinic and to help people apply online.

Out of community need, the Center for Justice approached Gonzaga Law with an eye toward expanding the clinic to include adult criminal records. In spring 2017, the clinic expanded to include vacating adult criminal records and was renamed the Criminal Records Clinic. This expansion required the program to be wholly restructured. Enter Angela O’Meara, a second-year student and Thomas More scholar. O’Meara helped restructure the clinic to accommodate an increased number of clients and to best determine how to serve the needs of the Spokane community.

“It was great to have hands-on, outside-the-classroom experience talking to and working with pro se clients,” she said. “I remember the first pro se that I met with, and they were literally just waiting for their juvenile record to be sealed in order to move forward with their career and school plans. This was the one thing standing in their way. It was a powerful experience to hear this story and help with one tiny piece of someone’s passion and drive to pursue their dreams.”

many students contributed. “Even though [a response] was only about two pages long, every couple sentences represented three or four hours of research,” he recalled.

On Oct. 30, 2017, the tax court awarded attorneys’ fees to Teresa Palomares. Now, it is up to an appellate commissioner to determine the amount. The odds that a taxpayer will win attorneys’ fees are slim. Very slim. Professor Gellner attributes the low odds to the procedural and timing requirements of such a demand as well as the IRS’s former position that settling claims did not result in either party “prevailing” for purposes of such a motion. She also points to the fact that the IRS rarely loses if it moves forward to trial and appeal. Professor Gellner’s record of winning fees in four cases over the course of her 18-year career litigating in tax court is exceptional.

Because the amount of the fees was negotiated in mediation, neither Professor Gellner nor the clinic’s students could reveal any details, except to say that they have settled on an amount and received the check in April.

Palomares was also pleased that the clinic was awarded fees for the years of work on the case. Professor Gellner will use the award to fund the continuing work of Gonzaga Law’s Federal Tax Clinic.

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Clinics

“The utility district shouldn’t be in the business of buying real estate for prospective customers.”

Maxwell Bridge and Walter Tanner (3L Gonzaga Law Students)

Law Students Tackle Environmental Law with Case Against Pend Oreille PUD Two members of the Gonzaga Environmental Law and Land Use Clinic are learning what it takes to fight city hall. Except their fight is actually against the Pend Oreille County Public Utility District (PUD).

If built, the smelter would be the largest utility customer in the district. But according to Tanner in a Spokesman-Review article, “The utility district shouldn’t be in the business of buying real estate for prospective customers.”

Last year, the PUD sold 186 acres south of Newport, Washington, to HiTest Sand Inc., a company in Alberta, Canada, to be used for a smelter. Citizens Against Newport Silicon Smelter (CANSS) and Responsible Growth*NE Washington (RG*NEW) have opposed the sale. They contend the PUD failed to follow state regulations for 14 of the acres included in the sale and, therefore, the entire sale was illegal.

The ability to draft an effective demand letter requires attention to detail, knowledge of the law and the facts at issue, and a command with words that allows the strength of the demand to shine through without being overshadowed by over-the-top rhetoric. This is why demand letters, along with memos, motions, briefs, discovery requests and responses, and a host of other forms of legal writing are integrated into Gonzaga Law’s twoyear Legal Research and Writing curricula—and are put to use on behalf of real clients.

So how did 3L students Maxwell Bridge and Walter Tanner get involved? Alongside Environmental Law and Land Use Clinic supervising attorney Rick Eichstaedt, the dauntless duo drafted the demand letter sent to the PUD on behalf of their clients, CANSS and RG*NEW. The demand? Void the illegal sale.

Bridge and Tanner argued that the PUD’s sale to HiTest was illegal because it violated Washington state’s specific requirements for the sale of public land. They argued that the PUD did not follow the proper procedure when it purchased the 14 acres at issue from Pend Oreille County in August and then bundled it with other acreage sold to HiTest a few weeks later.

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Tanner and Bridge’s work on behalf of CANSS and RE*NEW has been featured in the Spokesman-Review, The Inlander, and on Spokane Public Radio.

Global Impact “This program is central to the center’s mission of providing students with opportunities to explore and address issues relating to civil and human rights,” said Professor Jason Gillmer, director of the Center for Civil and Human Rights. “At the ICC, students gained firsthand experience with cases impacting communities on a global scale.”

Professors Jason Gillmer (L) and Brooks Holland (R) with students outside the ICC

Eight Students Travel to The Hague for Fellowship at International Criminal Court In a remarkable new opportunity, seven Gonzaga University School of Law students and a Creighton University School of Law student traveled to The Hague, Netherlands, in June and spent two weeks conducting evidence and document review for prosecutors in pending cases at the International Criminal Court (ICC).

The students—all in their first or second year of law school—were chosen from an extremely competitive group of applicants and began the fellowship after studying in Italy at the Gonzaga in Florence study abroad program.

“The fellows had an extraordinary opportunity to immerse themselves in the global human rights work of the ICC, to interact with ICC prosecutors and to contribute to real ICC cases,” said Professor Brooks Holland, Director of the Gonzaga Law in Florence program.

This inaugural class of fellows was sponsored by Gonzaga Law’s new Center for Civil and Human Rights, which seeks to provide students, scholars, and community leaders with opportunities to examine and deal with matters relating to civil and human rights through research, education, and community engagement.

“At the ICC, students gained firsthand experience with cases impacting communities on a global scale.”

The ICC investigates and, when warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression. As a court of last resort, it seeks to complement, not replace, national courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.

Meet the Fellows Gurpreet Dhatt, born and raised in Kent, Washington, earned a bachelor’s degree from Washington State University. Having experienced people’s struggle to understand how the law can help them, she aims to help people navigate the legal system. At Gonzaga, Dhatt is a member of Street Law, where she presents legal information to local high school students. She is also a member of the Women’s Law Caucus and has volunteered to help people in the Tri-Cities, Washington, apply for U.S. citizenship.

Sara Duross is from Clearwater, Florida, and graduated cum laude from the University of Florida. She has a passion for public service and has dedicated more than 2,000 hours to community service. Committed to helping vulnerable people, she was drawn to Gonzaga because of its Jesuit mission and dedication to serving others. She is an intern with the Moderate Means Program and is particularly interested in international human rights and immigration law.

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Global Impact / Meet the Fellows Continued...

Lesley Gangelhoff, a Spokane native and Eastern Washington University alumna, spent the summer before her senior year at Eastern Washington as an intern in Cape Town, South Africa, working with survivors of sex trafficking and prostitution. This experience played a big role in her desire to attend law school. She hopes to work for justice for individuals and help provide more access to the legal system. Before law school, she worked at a local business for 14 years.

Micaela Meadows, from East Wenatchee, Washington, earned her bachelor’s degrees from Gonzaga. As an undergraduate, Meadows worked with elementary students, many of whom faced abuse and abandonment issues. Those experiences helped shape her desire to become a special victims prosecutor to advocate for children.

Colleen Penny, a native of Boise, Idaho, and a Boise State University alumna, aims to combine her passions for law, history, and travel. She has worked at two law firms, served as an intern with the Idaho State Senate, and studied abroad. She plans to pursue a career as a prosecutor in human rights law.

Rebecca Smith, from Arcata, California, earned her bachelor’s degree from Antioch College in Yellow Springs, Ohio, has served as a volunteer at a sexual assault crisis center in the Middle East and provided legal services in detention centers throughout the Midwest. As an attorney, she hopes to challenge unjust institutions that perpetuate global inequality and injustice, particularly mass incarceration and the criminalization of immigration in the United States.

Ryne Smith, from Albuquerque, New Mexico, earned a bachelor’s degree from New Mexico State University and became interested in international criminal law while studying in Spain and Ireland. At Gonzaga Law, Smith dedicates his time to such organizations as the International Law Society, Criminal Law Society, Medical Law Society, Mission Possible, Street Law, and the Gender and Sexuality Alliance.

Ellen Prochaska, from Blair, Nebraska, is a Creighton University School of Law student who participated as a center fellow through Gonzaga Law’s valued international programs affiliation with Creighton Law. As an undergraduate at Creighton, Prochaska served as a tutor and as president of her sorority, Alpha Phi. Passionate about helping students, particularly women, achieve their greatest potential, she is a member of the Women Law Students Association.

Gonzaga University and Gonzaga Law students tour vineyards near Florence, Italy

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Global Impact

Left: Alejandra Lopez Right: Muskaw Safi

Students Alejandra Lopez, Muskaw Safi Awarded Fellowship from the Center for Civil and Human Rights for Summer Work in Arizona, Afghanistan In 2018, the Center for Civil and Human Rights launched a Summer Fellows program that awards up to two $5,000 stipends to first- or second-year Gonzaga Law students.

The stipend covers living and travel expenses in support of otherwise unpaid summer internships. To qualify, these internships must involve legal work important to the center and its mission.

After a competitive selection process, Alejandra Lopez and Muskaw Safi were chosen as Summer Fellows.

Alejandra Lopez worked as an intern at the Florence Immigrant and Refugee Rights Project in Tucson, Arizona, where she focused on representing undocumented children living in the United States without guardians.

“

I’ve had an incredible time interning at the Florence Project. It has definitely reaffirmed the many reasons I decided to come to law school.

I really appreciate the opportunity I was given by those at the Florence Project. They are an amazing organization made up of an amazing staff who truly care about all their clients. I hope to one day make a difference just like they do!

-Alejandra Lopez

Muskaw Safi worked with Integrity Watch Afghanistan to monitor corruption within the Afghan judiciary in a program designed to rebuild the confidence of Afghan nationals in their justice system and promote the rule of law.

“

I have had the pleasure of working on increasing the effectiveness of the court monitoring program at Integrity Watch, and have learned about the improvements to the Judiciary since the start of this program. From analyzing the data, I feel extremely fortunate for the legal system that exists in North America, and now have an even greater desire to mend the systems elsewhere to ensure that the liberties and rights of individuals are not being infringed on during their encounters with the justice system. I am now working on a concept note to promote the idea of Open Justice Reform in Afghanistan.

-Muskaw Safi

”

”

Professors Genevieve Mann (J.D., ’03), George Critchlow (J.D., ’77) Teach Legal Writing to Women in Saudi Arabia Assistant Professor Genevieve Mann and Professor Emeritus George Critchlow visited Prince Sultan University in Riyadh, Saudi Arabia, as part of the American Bar Association’s Rule of Law Initiative. Mann and Critchlow contributed to a one-week course on practical skills for lawyers, including a workshop that taught legal writing to 26 female law students. During this course, students strengthened their ability to draft legal memorandums, write client advice letters and letters to opposing counsel, and develop court pleadings, among others.

“George and I welcomed the opportunity to experience a new culture and engage the legal profession in Saudi Arabia,” Mann said. “The students surpassed our expectations in all ways: English proficiency, legal analysis, and legal writing ability. Prince Sultan University is a lovely campus with dedicated faculty and administrators fully invested in educating the next generation of female lawyers.”

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Stories Introduction Kim Hai Pearson Creating Knowledge: Jessica Kiser Sharing Knowledge: Ann Murphy Preserving Knowledge: Patrick Charles

Knowledge Create | Share | Preserve

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faculty feature

Kim Hai Pearson, Associate Dean for Faculty Research and Development

Introduction Kim Hai Pearson I am honored to have the opportunity to introduce this year’s faculty features. We have seen significant changes in legal education nationally and locally. As with many institutions of higher learning, there are complex financial and social pressures to economize at the expense of students and the endeavor of furthering academic research for the good of our community. In the midst of these changes, Gonzaga Law remains committed to upholding the Jesuit educational values that make a Gonzaga education unique and enduring.

During times of change and tumult, I draw on examples of resilience and hope in literature and film. One of my favorite films about the value of education is The Secret of Kells. It is an animated feature told from the point of view of a young boy sent to live in a monastery with his formidable uncle. In that monastery, the young boy discovers the value of creating, preserving, and sharing knowledge. While the story has some fantastic elements, at its core it celebrates the wonder and beauty of knowledge.

In this issue, we celebrate our law faculty’s excellent work in realizing the Jesuit commitment to creating, preserving, and sharing legal academic knowledge. We feature a young scholar who pushes the boundaries with her innovative ideas; a distinguished scholar devoted to writing critical, widely read legal authority; and our library director, who is a writer and national leader on the edge of library technology and information systems. These are only representative samples of the fine work that all of my colleagues perform in service to our students, peers, and those who come after us.

I am grateful to Tomm Moore, the director of The Secret of Kells, and the animation studio Cartoon Saloon for their generous permission to use images from the film. Additionally, I wish to thank our faculty and staff for their contributions, seen and unseen, to making our institution and this magazine a success.

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Creating Knowledge Jessica Kiser

Bridging the Gap Between Brand and Trademark Law While trademark law is the focus of much of Associate Professor of Law Jessica Kiser’s research and scholarship, her most recent article is informed by her undergraduate training in advertising and cultural anthropology. The article, titled “Brandright,” recently received the 2018 Ladas Memorial Award from the International Trademark Association for the best paper on the topic of trademark law published by a professor or practicing attorney.

In the article, Kiser shines a light on the ways in which trademark law can encourage, and even force, trademark owners to silence consumers who want to create fan websites for groups

1.

Matal v. Tam, 137 S. Ct. 1744, 1752 (2017).

2.

See Vithala R. Rao et al., How Is Manifest Branding Strategy Related to the Intangible Value of a Corporation?, 68 J. MKTG. 126, 126 (2004).

3.

Richard A. Spinello, Brands and Trademark Conflicts: A Hegelian Perspective, 16 BUS. ETHICS Q. 343, 344 (2006).

4.

Id. at 344-45.

5.

See RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 9 (AM. LAW INST. 1995).

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devoted to a beloved trademark and brand. To address this disconnect between brand development and trademark law, Kiser proposes a new form of intellectual property right that she coined the brandright. She argues that this new right, granted to consumers rather than brand owners, will help formalize the rights of consumers to use trademark-related information for expressive purposes. This argument was further buoyed by the 2017 Supreme Court decision in Matal v. Tam, which expressly recognized that trademarks can be used in an expressive fashion that deserves First Amendment protection.

6.

Existential philosophy has begun to influence branding at a practical level.

Randall Rozin, Existentialism and Brand Marketing, ADAGE (Mar. 4, 2013) http://adage.com /article /btob /existentialism-brand-marketing/ 289307/ [https://perma. cc/7Q2P-KJ2K] (“As you create new brands, reposition others or integrate acquired brands into your portfolio, start by defining a brand’s reason for being. What purpose does it serve for your company and, more important, why does it exist for your customers? What promise is your brand making in the market? . . . If we think of existentialism as a movement that holds that the starting point of understanding must be the authentic experiences of the individual, then it’s a natural extension to move from individuals to groups of customers and apply existentialism to corporations and to brands. Good luck on your journey of discovery to find your brand’s reason for being.”).

faculty feature

releases to the public to differentiate its product’s uniqueness and personality from that of another.⁴ To illustrate the difference between the role of a trademark and that of a brand, consider that a trademark can be said to answer the question, “Who made this product?”5 A brand answers the more existential questions of “Who is this product?” or “Who am I if I buy this product?”6

A trademark answers the first question by indicating the source of the good or service.7 To answer the brand-related questions requires more than a reference to a trademark or a source. Rather these questions invite discussion, creativity, and expression.8 In developing a strong brand, a company will invite consumers to participate, engage, and identify with the brand’s image or identity.9 It is this invitation for consumer engagement that makes the brandright necessary.

Jessica Kiser, Associate Professor of Law

Excerpt: A brandright is a recognition of the public’s right to engage in expressive uses of trademarks as protected by the First Amendment. This new intellectual property right is not merely a defense. The brandright recognizes the value of the investment made by consumers in both the commercial and non-commercial dialogue about trademarks and brands. Therefore, consumers possess brandrights as affirmative rights that they may seek to enforce and defend against other consumers and even the brand owner. This is an important distinction necessitated by the unique nature of brands and the expressive quality of trademarks recognized in Matal. ¹ Brands are categorically distinct; unlike trademarks, they cannot be sensibly understood simply as the development of a consistent identification of source.² A trademark is a narrower concept than a brand.³ A brand is likely to include a trademark (or multiple trademarks) among the creative content that a company

Consumers are invited to participate in the development of, and discourse about, a brand, but trademark law is not designed to protect or allow for such discourse and co-development.10 Trademark law was developed with a more limited view of trademarks in mind. Trademarks were created and used by the owner of the mark to indicate source so that consumers could distinguish between purveyors of goods and services at the time of purchase.11 The modern concept of branding includes substantial creative content produced by the trademark owner and its marketing professionals, but also content created by consumers in response to the company’s creative content.12

The proposed brandright is a right granted to those consumers (and the public at large) that join with a company to further its brand-development efforts. Essentially, a company invites consumers to collaboratively engage with it in marketing and other brand-related communications. This invitation necessitates that consumers be allowed to use the brand messages, materials, and even the product or company name and trademark for these responsive brand-related purposes. These purposes can include spreading information about the brand, or creating art, websites, and communities to celebrate or criticize the brand.13

7.

RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 9.

11. See id.

8.

ROB WALKER, BUYING IN: THE SECRET DIALOGUE BETWEEN WHAT WE BUY AND WHO WE ARE xii-xiii (2008) (describing this as a “secret dialogue” because many of the rules are not explicit, rather “[i]t’s complex, subtle, and sometimes misleading.”).

9.

See J. Joško Brakus et al., Brand Experience: What Is It? How Is It Measured? Does It Affect Loyalty?, 73 J. MKTG. 52, 52-55 (2009).

12. Heymann, supra note 36, at 653-55. Heymann argued for more access to trademark meanings for consumers: “If trademark law recognized the active work that consumers do in engaging with trademarks, it would incorporate a theory of the consumer that sees him as capable of engaging with these trademark associations without the law’s interference.” Id. at 655.

10. See RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 9 cmt. c (AM. LAW INST. 1995).

13. See James H. McAlexander et al., Building Brand Community 66 J. MKTG. 38, 38-39 (2002).

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A rather obvious example of a company inviting its consumers to participate and interact with the brand is a recent advertising campaign by Yum!Brands for its Kentucky Fried Chicken restaurants in Canada.14 The KFC Stories campaign includes official commercials that illustrate how the company’s fried chicken is woven into consumers’ lives. 15 At the end of the advertisements, the company invites consumers to share their own KFC stories by posting them to twitter with the hashtag #KFCstories.16 Although this example directly invites consumer participation, this type of engagement is the goal of all brand development.17 Therefore, the brandright exists as a result of these invitations, and formal recognition can better align the interests of all parties.

Additionally, consumers are adding valuable content to a company’s brand message. 18 Rather than attacking a company’s consumers under the purview of trademark law, it is time to recognize that consumers’ contributions to a brand justify the recognition of some rights in the brand. 19

For this reason, the brandright does more than simply enlarge the public domain to include trademark-protected imagery and content. Surely the increasingly expressive nature of trademarks necessitates increasing public access

14. Harmeet Singh, KFC Goes After Common Ground, STRATEGY (Mar. 15, 2016), http://strategyonline.ca/2016/03/15/kfc-goes-after-commonground/[https://perma.cc/8Q6 U-NRTZ].

15. Id. 16. KFC Stories—New Kid, CAMPAIGNS WORLD, https://campaignsoftheworld. com /tv/kfc-stories-new-kid/ [https://perma.cc/S8BQ-CFM3].

17. See McAlexander et al., supra note 50, at 38.

18. Although brand-related expression has immeasurable value to society generally, and to the individual creators on a personal and psychological level, there are clear examples of the monetary value attributable to some consumer-created brand developments. For example, in 2012, Coca-Cola became the first brand to pass 50 million “likes” on Facebook in connection with a Facebook page created and operated by fans Dusty Sorg and Michael Jedrzejewski without official Coca-Cola permission. Brad Ruffkess, How Coke and 50 Million Facebook Fans Share Happiness, COCA-COLA COMPANY (Oct. 30, 2012), http:// www.coca-colacompany.com /coca-cola-unbottled /how- coke- and- 50-million-facebook-fans-share-happiness [https:// perma.cc/TQM9-VCRG]; see also Fans First: Coca-Cola on Facebook, SHORTY AWARDS, http://shortyawards.com/4th/fans-first-coca-cola-onfacebook [https://perma.cc/8Q4C-X4VJ]; Jules Cowan-Dewar, Social Media Brand Execution: Coca-Cola & Facebook, CATALYST (Mar. 28, 2011), http:// catalyst.ca/blog/social-media-coca-cola-facebook/ [https://perma.cc/ED7G9YZ3]. Marketing professionals have estimated that a single Facebook fan was worth $174 on average. The Value of a Facebook Fan 2013, SYNCAPSE (APR. 17, 2013), https://www.syncapse.com/value-of-a-facebookfan—2013/#.WaDhFiiGPIU [https://perma.cc/GU3L-5N3J].

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to those forms of expression.20 However, the brandright is an affirmative right possessed by the consumer-creator to recognize that the time and creativity invested by that consumer have value. Brand owners currently invite consumer creativity and discourse, benefit from the brand-development activities of consumers, and deny those same consumers any rights to their creations.21 Without affirmative rights granted to consumers, brand development essentially becomes the intellectual property equivalent of an attractive nuisance.

22 The brand owner distributes attractive, creative content to consumers that is intended to garner consumer response.

However, when that consumer uses a trademark in their response, trademark law tells the brand owner to put a stop to it. 23 This evokes concerns about unjust enrichment and free speech violations. 24 Members of the public have some affirmative right to engage in expressive uses of trademarks and brand-related information. 25 With that right should come the ability to profit from their creations, subject to the infringement-oriented limitations below, and the ability to seek damages from a trademark owner that unfairly interferes with the individual’s brandrights. 26 Provided that the consumers do not cause source confusion and do not engage in competition with the relevant company, they should be allowed to respond to a brand’s siren songs. 27 This is the freedom provided by this concept of brandright.

19. See Yaquinto, supra note 31, at 754-55.

20. Id. at 740-41.

21. See Little, supra note 2.

22. See RESTATEMENT (SECOND) OF TORTS § 339 (AM. LAW INST. 1965).

23. RESTATEMENT (THIRD) OF UNFAIR COMPETITION §§ 19-20 (AM. LAW. INST. 1995).

24. See Yaquinto, supra note 31, at 757-58.

25. Id. 26. See infra Part II.B. 27. See, e.g., Dall. Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd., 604 F.2d 200, 202-03, 206 (2d Cir. 1979).

faculty feature

Sharing Knowledge Ann Murphy

Murphy Selected as Federal Practice and Procedure Treatise Author In fall 2017, Thomson Reuters selected me as a new author for the prestigious treatise on federal practice and procedure (commonly identified by its original authors’ names as “Wright and Miller”). Having practiced in federal court, I knew what an honor this was, so I jumped at the chance. I will be updating and rewriting volumes 23 through 26A of the treatise Evidentiary Privileges, originally written by the late Charles Alan Wright and Kenneth W. Graham Jr. Privileges happen to be my favorite area of evidence. In the next couple of years, I, with the publisher’s assistance, will edit the more than four volumes on privileges down to only two volumes. In a tribute to Wright, Justice Ruth Bader Ginsburg said of the treatise, “Federal Practice and Procedure is by far the most-cited treatise in the United States Reports; it has been called the procedural bible for federal judges and those who practice in our federal courts.”

The treatise covers all of the evidentiary privileges, from the attorney-client privilege and the clergy-penitent privilege to the journalist’s privilege. In the update that I wrote (published in April 2018), I featured an Erie doctrine case, Sony Electronics, Inc. v.

HannStar Display Corp. The case involved a price-fixing scheme

and a settlement between Sony and HannStar. HannStar refused to abide by the settlement and Sony brought an action. Sony raised both federal and state antitrust claims as well as a state of California breach-of-contract claim. Although Sony dropped its antitrust claims, the Ninth Circuit Court of Appeals found that federal, not state, law applied. The state had a mediator privilege (which would bar the use of an email from the mediator), but no such privilege exists in federal law. The Court reasoned that at the time of the mediation, both federal and state claims were pending, even though Sony dropped the federal claim at the trial.

I enjoyed including this case, as I teach both evidence and civil procedure.

I included a section on a law review article written about the fascinating U.S. v. Sterling case. Sterling was a former CIA agent accused of leaking sensitive information about a failed CIA operation to James Risen of the New York Times. When Risen was subpoenaed as a witness in Sterling’s trial, he moved to quash and for a protective order. The district court found that Risen could refuse to testify under the journalist’s privilege, but the Fourth Circuit disagreed. Ultimately, the government proved the

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leak through documents and did not call Risen to testify. Risen told the prosecutors that he would not testify, despite the Fourth Circuit ruling.

I was also able to include an interesting state of Washington case, Newman v. Highland School District. This was a tragic case in which a high school quarterback suffered a permanent brain injury at a football game. Prior to trial, the attorneys for the school district interviewed former school employees—people who had been employees when the injury occurred but who had left employment—and Newman’s counsel requested those communications. The Washington Supreme Court determined there was no longer a corporate counsel attorney-client privilege.

Various privileges issues are in the news. On April 9, 2018, FBI agents from the New York field office executed search warrants for Michael Cohen’s (President Trump’s personal attorney) “residence, hotel room, office, safety deposit box, and electronic devices. The searches were authorized by a federal magistrate judge, who had found probable cause to believe that the premises and devices searched contained evidence, fruits, and instrumentalities of conduct for which Cohen is under criminal investigation.” Michael D. Cohen v. United States of America, 18-MJ3161 (KMW), the Government’s Opposition to Michael Cohen’s Motion for a Temporary Restraining Order, April 13, 2018.

Although President Trump sent the following tweet “Attorneyclient privilege is dead,” on April 10, 2018, he likely did not

have the benefit of reading the federal practice and procedure treatise. First, there is a crime-fraud exception to the attorneyclient privilege. U.S. v. Zolin, 491 U.S. 554 (1989). Second, the attorney-client privilege applies only to legal advice, not business advice. Colton v. U.S., 306 F.2d 633, 638 (2d Cir. 1962).

Individuals may raise the executive privilege in the months ahead.

Some of President Trump’s former and current staff members have raised the issue when questioned by Congress. Nearly every president since, and including, George Washington has claimed the privilege. However, the privilege is not absolute.

“The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.” U.S. v. Nixon, 418 U.S. 554 (1989). This is true in civil cases as well. See Clinton v. Jones, 520 U.S. 681 (1997).

I expect to have plenty of material from which to choose for my next update and I look forward to the challenge.

“A necessary part of the library of every federal judge, federal court practitioner, and civil procedure teacher, the now thirty-five plus volume set garnered rave reviews from the start. The work, users found, is ‘easily understandable,’ yet ‘richly intellectual,’ and ‘admirably successful in separating critical commentary from descriptive narrative.’ Almost daily, someone in my chambers—often, me—consults Wright & Miller. We simply could not do without it.”

Justice Ruth Bader Ginsburg, “Tribute to Arthur Miller,” New York University Annual Survey of American Law, Vol. 67, No. 1.

Ann Murphy, Professor of Law

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faculty feature

Preserving Knowledge Patrick Charles

A Conversation with Patrick Charles, Library Director and Associate Professor When people hear the word librarian, most think of cardigan sweaters, glasses on chains, a light coating of cat fur, and a penchant for quiet. But this really isn’t the case, especially for Patrick Charles, director of Chastek Library at Gonzaga Law. He’s more a fan of pullovers, has a dog, wears regular glasses, and curates far more than books. Perhaps most notably, Charles has a vibrant personality and booming voice that blasts away those stodgy librarian stereotypes.

Charles came to Gonzaga Law in 2007 after working as a reference librarian and legal research instructor at Creighton University School of Law and as a reference librarian at Widener University School of Law. At Gonzaga Law, he teaches Advanced Legal Research, Legal Analysis, and Sports Law, along with directing Chastek Law Library and maintaining an active publication schedule.

We sat down with Charles to discuss the past, present, and future of law libraries.

When did you decide to become a law librarian?

When I was in law school, I knew I wanted a judicial clerkship after graduation. I was fortunate to secure one in the Multnomah County (Oregon) Circuit Court. During the end of my second year of the clerkship, I had several job offers to work in criminal defense and criminal prosecution. At the same time, one of my best friends from law school, who had completed a one-year clerkship at the Idaho Supreme Court, was getting ready to graduate from the law librarianship program at the University of Washington, which offers a master’s in Library and Information Science. She said it was a great program and an interesting field of work. That year, 1993, was a really exciting time because the internet was beginning to affect libraries, research, and higher education. I had always been interested in information and its preservation and accessibility, so I applied to the University of Washington’s one-year Law Librarianship program and was accepted for the following academic year.

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To what extent have law libraries changed since you first began your career?

The migration from print to online, which has occurred relatively quickly. Chastek Library takes up three floors of the Gonzaga University School of Law building. When I became the director of Chastek Library in 2012, the thinking shifted from concern about having enough shelf space to house current materials to thinking about trying to have enough current print subscriptions on the shelves and preventing the library from being one giant archive. During that time, we cut many of our print subscriptions because of cost considerations and most of the print resources were available via our Westlaw, LexisNexis, HeinOnline, and Bloomberg Law online subscriptions.

As an academic law library, Gonzaga University School of Law students, faculty, and staff have access to many of those databases with individual logins and passwords; however, we are also open to the general public, and many of those subscription databases do not allow general public access.

Chastek Library still has to maintain some print subscriptions for the general public. Chastek Library also needs to maintain the print subscriptions because our students still need to learn how to use print materials. These skills are necessary for students if they end up working for law firms where Westlaw, LexisNexis, HeinOnline, and Bloomberg Law are not available due to cost considerations.

What new roles will librarians come to have as libraries become more digital and less paper-driven?

It should be understood that everything is not freely available on the internet. Commercial databases still make available the vast majority of primary and secondary legal authority, including many of the legal treatises that most legal scholars and practitioners use today. Someone has to purchase and manage those materials to make sure institutions like law firms, governmental agencies, and law schools have reliable access to those digital materials. Librarians have always been involved in collection development, maintaining access to materials, and training library users when materials were available in print, and it is no different now with digital collections.

In addition, librarians have always taken an active role in addressing information literacy issues, such as locating and determining whether information and sources of information are authentic, reliable, and trustworthy. This has always been a concern in print publishing; however, with low barriers to entry for publishers on the internet, this is even more important in the internet age.

Librarians are also necessary in navigating through the vast amount of information that is available. We are drowning in a sea of information and the wonderful thing about librarians is that, as teachers, we educate people how to swim in that sea

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Patrick Charles, Library Director and Associate Professor

of information. When we assist those in search of materials, we also act as lifeguards in helping people distinguish between trustworthy information and information that is not trustworthy.

Do you think the internet makes the general public cavalier about preserving knowledge for the future? Why is it important to preserve legal knowledge for the future?

The internet is a great thing because it makes information so much more accessible to anyone with access to a smartphone or a personal computer. Prior to that, people had to physically go to a library, governmental office, or some other physical place to access that information. That was sometimes very difficult and there were many constraints to accessibility of this information.

This has been a good thing; however, it also has a downside in that there is so much information out there that people are having a difficult time getting access to authentic, reliable, and correct information.

Although the internet has been great about making current information and legal information available, there have been concerns about retaining and making archived legal information available. For example, the current Spokane Municipal Code is available online at the city of Spokane’s website. The problem is that archived/historical versions are not available. As we all know, municipal codes, statutory codes, and regulatory codes can be amended or repealed at any time, and current versions of municipal codes, statutory codes, and regulatory codes only reflect the changes to the code sections. The city of Spokane’s website only has the most current version of the Spokane

faculty feature

“

The constantly changing and disorganized nature of the legal information explosion can be overwhelming to individuals, and law librarians are there to bring order to this chaos and disorganization.

Municipal Code available. This is problematic. If you wanted to look at the 2010 version of the Spokane Municipal Code because you had a client who did something back in 2010, and a current section or sections of the Spokane Municipal Code govern that action, but it was amended in 2015 and 2017, then you’d be unable to see what law governed your client’s actions. If the city of Spokane website archived their historical Spokane Municipal Code by year, then you’d be able to search the 2010 version of the code section and see what law governed your client’s actions without having the 2015 or 2017 amendments.

Some governmental websites have figured out this problem and done things to address it. For example, the Office of the Code Reviser page on the Washington State Legislature website makes available PDFs of archived annual editions of the Revised Code of Washington going back to 1973. The United States Government Publishing Office (GPO) has also addressed this problem, and they make archived editions of the United States Code and other works freely available. Other states haven’t been as diligent in addressing this problem, and even if they have, they still grapple with the question of how far back they should go in making this information freely available to the general public. This is commonly referred to as “scope of coverage.” State budgets can be tight and there may not be money available to digitize all of these codes; however, there should be some responsibility from the government to make all current and former laws available to the general public so that they can follow the laws.

Commercial databases such as Westlaw, LexisNexis, HeinOnline, and Bloomberg Law have addressed the issues of making archived editions available, but they still grapple with the issue of scope of coverage because it has to be financially viable for them to load the older editions and make them available.

Commercial databases are in the business of making money, and if little demand exists for an archived edition, then financial considerations come into play for those businesses.

What role should an academic law library—or just a local law library—take in issues like access to justice? Is the issue of access to legal resources a part of preserving knowledge?

Academic law libraries and local law libraries are at the cutting edge of providing access to legal research materials to the general public. Several years ago, the Spokane County Law Library was faced with significant cuts to it acquisitions budget.

Chastek Library has been able to accommodate many of the local attorneys who used the Spokane County Law Library.

More importantly, Chastek Library was able to accommodate many from the general public who formerly used the Spokane County Law Library, especially in the Washington and self-help collections where county budget cuts severely affected the general public’s ability to adequately perform legal research.

”

Do you see the role of a law library, academic or local, as shrinking or growing?

It is growing. Libraries and librarians are still needed to help people locate relevant and reliable information. The constantly changing and disorganized nature of the legal information explosion can be overwhelming to individuals, and law librarians are there to bring order to this chaos and disorganization. We see countless general public patrons in the library who have retrieved a case from the internet but haven’t a clue how it is relevant to the law and their situation.

How does a library decide where to focus its energies, funding, and time in preserving sources and knowledge?

Preserving every bit of legal knowledge is exceedingly difficult and something we don’t even attempt to do. It is similar to drinking out of a fire hose. On the other hand, we focus on preserving discrete collections. For example, because we are an academic law library in Washington it is our goal to collect all current and historical primary and secondary authority related to Washington law. The different formats in our collection include print, electronic, and microform. We also try and collect materials in fields that are relevant to our faculty’s areas of interest.

For example, we have a particularly strong collection of print, electronic, and microform materials related to the historical and legal aspects of slavery in the United States because we have a faculty member who has written extensively about that subject.

We manage to do this on a limited budget, but we have been able to work with vendors to get favorable subscription and ownership rights to these print and online materials. In addition, we have been able to build these collections with the generous help of many donors who value the existence of Chastek Library.

Do you see Chastek Library’s role differently since it is also a federal depository library?

The Federal Depository Library Program (FDLP) was established to make federal government publications available to the public at no cost. We are a selective depository library under the FDLP. Under the program, the GPO provides government documents free of charge to libraries, and in exchange the depository libraries are required to make their collections of these government documents available to the general public at no cost.

Depository libraries are responsible for the costs of processing the items, retaining the government documents for a period of time, and making them available to the general public. Chastek Library has been a depository library in the FDLP for over 25 years. Our role as a selective depository library fits in nicely with the Gonzaga University School of Law’s Jesuit mission of serving the public good and pursuing justice.

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Faculty in Focus

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Stephen Sepinuck, Director of Gonzaga Law’s Commercial Law Center

Faculty in Focus

Professor Stephen Sepinuck, Embracing the Inescapable Most entering law students have no intention of practicing transactional law; indeed few have even heard or thought about transaction work. But as explained by Stephen Sepinuck, the director of Gonzaga Law’s Commercial Law Center and the Frederick N. & Barbara T. Curley Professor of Law, “every lawyer does transactional work; litigators draft settlement agreements and fee agreements, criminal lawyers draft plea agreements, and commercial lawyers draft contracts of various kinds.” He then quickly adds that “transactional law is not only inescapable, it’s fun.”

The bulk of Sepinuck’s 30-year academic career has been about bridging the gap between academic and practice. He has an extensive record of service to the bar through the ABA Business Law Section, of law reform activities under the auspices of the American Law Institute and Uniform Law Commission, and of scholarship focused on educating practitioners about developments in the law. He is particularly proud of his work in helping to revise Article 9 of the Uniform Commercial Code and of helping to educate hundreds of law students and practitioners about the law of secured transactions.

However, it is in the burgeoning field of transactional skills training that Sepinuck has most recently focused and attained preeminence, both within the law school and throughout the nation.

In 2009, Sepinuck helped persuade the law faculty to include a required course in transactional skills in the first-year curriculum, and he has taught the course every year since. In doing so, he eschews tests and instead has numerous graded and ungraded drafting exercises. For each of these exercises, he provides students with extensive written feedback and often gives them the opportunity to revise and resubmit their work, helping them to develop skills through repetition and scaffolding.

transactions of the winery business, which the students planned, negotiated, and documented. The second time Sepinuck taught the seminar, it focused on a dentistry practice. Students began by visiting a local dentist’s office and asking questions of the dentist and her office manager. They then planned and documented several hypothetical transactions, culminating in a buyout. By all accounts, these seminars were wildly successful experiences for Gonzaga Law students.

Externally, Sepinuck has, if anything, been even more active.

Since 2007, when Sepinuck gave a presentation at an ABA meeting on Negotiating and Drafting Contractual Boilerplate, he has given more than 50 presentations to professional groups.

Eight of these focused on transactional skills or the teaching of transactional skills, and most of the others included substantial portions designed to educate the audience about the drafting or structuring of commercial transactions.

In 2011 Sepinuck created The Transactional Lawyer, a bi-monthly newsletter dedicated to providing guidance on transactional lawyering. The newsletter, now in its eighth year, is distributed free of charge to more than 1,500 lawyers, judges, and academics around the country. Professor Sepinuck has authored at least one article in almost every issue. He also edits the student articles that appear in the newsletter. In so doing, his goal is not merely to inform the newsletter readers but also to educate the student author about what transactional lawyers do, what they need to know, and how to communicate effectively.

Finally, in 2015 Sepinuck adapted the transactional skills materials into a book – TRANSACTIONAL SKILLS: HOW TO DOCUMENT A DEAL – co-authored with John F. Hilson and published jointly by the ABA Business Law Section, WestAcademic Publishing, and the American College of Commercial Finance Lawyers (“A book so groundbreaking it took three premier institutions to publish it!” Sepinuck said). The book follows Sepinuck’s pedagogical imperative of providing repeated opportunities to develop and hone each skill. Its central theme is that transactional lawyering requires not merely great attention to detail, but also intimate knowledge of the applicable law, whether it be the law governing the planned transaction or the law applicable to a particular term or clause. A new edition of the book is expected to be published later this year, ensuring that Sepinuck remains one of the country’s leading experts on transactional lawyering.

Sepinuck has also transformed the law school’s Business Planning seminar into a transactional lawyering simulation. The first time he taught the seminar, in 2013, it focused on a winery business.

Students began by touring a local winery and asking its owner questions about contractual relationships and operations. The remainder of the seminar was structured around hypothetical

To learn more about Professor Sepinuck’s work with the Commercial Law Center, visit gonzaga.edu/school-of-law/clinic-centers/commercial-law-center.

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Upendra Dev Acharya, Gonzaga Professor of Law

Faculty in Focus

Professor Upendra Dev Acharya Searching for True Knowledge Upendra Dev Acharya has been an integral part of Gonzaga Law since he arrived in Spokane in the fall of 2005, first as a visiting assistant professor, then as a member of the school’s tenure-track faculty in 2006. In 2012, Acharya was awarded tenure. Now a full-time professor of law, Acharya has made an indelible impact on Gonzaga, its students, faculty, staff, and alumni. A dedicated teacher, scholar, and lawyer: Acharya is all of these.

Acharya grew up in Chudi, in western Nepal. During his one-hour walk to school each morning, Acharya had plenty of time to think about what he wanted to be. He decided that he wanted to be a swami (a spiritual guru, teacher or guide). His father, Satyadev, disagreed with Acharya’s swami career choice and told him to go to law school.

Even though he admits that it was not his first choice, Acharya listened to his father. With a grin, Acharya dismissed as myth the story that he ran away from home to become a swami. His father eventually moved the family to Kathmandu, where he became a respected and pioneering journalist who documented the establishment of democracy in the Kingdom of Nepal. It seems that Satyadev knew his son well. As Acharya said, “Strength is the product of necessity and strong desire.”

Acharya earned his LL.B. in 1985 from Tribhuvan University in Kathmandu and then a master’s degree in comparative law in 1990 from the University of Delhi. He decided to earn his LL.M. in India because Nepal simply did not have the resources or opportunities at the time. As a law student, he was interested in politics and the ways he could bring about change.

While at the University of Delhi, Acharya met the second person who would have a pivotal role in his growth: law professor Upendra Baxi, currently a professor emeritus of law at the University of Warwick in the UK. His research and teaching focuses on comparative constitutionalism, the social theory of human rights, human rights responsibilities in corporate governance and business conduct, and the materiality of globalization. Baxi showed Acharya the “power of academia, knowledge, thought, and education.” After meeting Baxi, Acharya was no longer interested in the purely political life—he wanted to teach.

Acharya came to Gonzaga Law as a visiting professor for the 2005-2006 academic year to teach international law and served as assistant professor from 2006 to 2012. Gonzaga Law’s cura personalis doctrine resonated with Acharya, and in it he heard echoes of his own spiritual upbringing in Nepal’s intertwining of Buddhism and Hinduism.

Throughout the years—either as a tenured Gonzaga Law professor, a lawyer, advisor, consultant, teacher, or advocate— Acharya has maintained an active agenda of research, speaking engagements, and publications. This activity, he explains, stems from a desire to dive more deeply into an issue to arrive at true knowledge. A scholar then bears the burden to share this knowledge with not just students, but the world at large.

This ethos explains Acharya’s activity as a speaker and writer: presenting on piracy and maritime security at a NATO initiative meeting; discussing corporations and human rights at the Istanbul University Faculty of Law; delivering the keynote speech at a UN-sponsored Human Rights Day program at Tamil Nadu Dr. Ambedkar Law University in Chennai, India; lecturing the Turkish Navy; teaching as a visiting professor in China, Brazil, France, India, and Nepal; speaking in Florence, Italy, about constitutionalism and democratic transition and speaking in Tokyo about the right of developing countries to develop; delivering a paper in Greece on terrorism and international policy and a paper in Lebanon on the International Court of Justice.

Recently, Acharya was elected vice president of the Executive Council of the Asian Society of International Law (AsianSIL), where Acharya has been an active member and contributor for many years. AsianSIL is one of the premier international law organizations in the world, with members from the judicial, academic, and other legal bodies from around the globe. He shares vice presidential duties with three other VPs: the Honorable Francis Jardeleza, an Associate Justice of the Supreme Court of the Philippines; Dr. Sorajak Kasemsuvan, vice president of the Saranrom Institute of Foreign Affairs Foundation and former president of Thai Airways; and Xinmin Ma, deputy director-general in the Department of Treaty and Law within the Ministry of Foreign Affairs for the People’s Republic of China.

But never fear, Acharya’s students do not get lost in his travels.

He is a professor who loves to teach and rejoices when students reach that moment of clarity as they look at the world in new ways. His commitment to equality, human rights, and justice, and his passion for learning true knowledge are clear to his students, many of whom maintain contact long after graduating from Gonzaga Law. Perhaps Acharya became a swami, after all.

The next step was to study law in the United States. He earned his LL.M. in environment and natural resource law from the S.J. Quinney College of Law at the University of Utah in 1996 and then his Doctor of Juridical Science from the University of Wisconsin-Madison in 2002.

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2018

Graduates

Benjamin Awuku Asare

When Benjamin Awuku Asare came to Gonzaga Law in 2015, he was a captain in the U.S. Army and a West Point graduate. Asare grew up in Sacramento, California, and, on the surface, he may seem like a laid-back Californian, but if you take a closer look, you see the energy, drive, leadership, and desire to serve that continues to fuel his life and inform his work.

As president of the Student Bar Association, Asare led a fund-raising effort in October 2017 to help victims of Hurricanes Harvey and Irma.

Students sat at tables collecting donations and providing information about the organizations they were collecting for, the Greater Houston Community Foundation and the American Red Cross. Members of every class as well as faculty and staff contributed to the effort and raised $446.86.

As a 3L, he was selected to become a member of Gonzaga Law’s inaugural class of the Smitty Leadership Fellows Program, founded in 2017. As a Smitty fellow, he provided mentoring and support to a group of incoming 1L students to help them adjust to their first year of law school. Asare has seen and experienced the effect of having people and institutions invest in an individual, and he wanted to take part in the investment of 1L students.

Like many successful lawyers, Asare has interests outside of the law.

You can hear his Spotlight podcast on iZAG Radio, where he covers legal, financial, and social science topics ranging from a fact-based discussion of the electoral college to a book on the 19th-century slave trade in Texas—as well as how to manage the grind of law school while staying mentally and physically healthy. Every episode features one of Asare’s other loves: lots of great music.

Embodying servant leadership as a veteran, mentor, SBA president, and podcast host

Last February, Asare was awarded the inaugural Justice Charles Z. Smith Award on behalf of Gonzaga Law. Established in partnership with the Washington State Minority and Justice Commission, the award recognizes one student from each Washington law school to honor the legacy of Justice Smith (1927-2016), the first person of color to serve as a justice on the Washington State Supreme Court.

Asare earned this award for his public service and demonstrated advocacy for justice and equality.

As a final flourish, Asare’s classmates chose him to speak at graduation on May 12, 2018. “I am convinced that each of us is here today because someone made a difference in our lives,” Asare said.

After graduation, Asare returned to the Army as a member of the Judge Advocate General’s Corps. Gonzaga Law wishes Asare the best and hopes our paths will soon cross again.

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2018

Graduates

Dr.

Pamela Kohlmeier

When Pamela Kohlmeier showed up for 1L orientation at the end of August 2015, she looked a lot like her fellow classmates: excited, eager, and already wearing corrective lenses. But there was also a difference.

Kohlmeier had a professional license and more than a few letters behind her name: M.D., FACEP. Kohlmeier had spent the previous 20 years as an ER doctor and a fellow of the American College of Emergency Physicians. In that time, she also amassed a significant teaching career as an instructor and professor in pediatric and adult emergency medicine at the University of Illinois Hospital in Chicago, and as an instructor for the American Heart Association, the American Academy of Pediatrics, and the American College of Emergency Physicians.

At Gonzaga Law, she joined the Health Law Society and carried her passion for medical-legal issues into her externship with the Torts Division of the Washington attorney general’s office in Spokane, where she worked on several medical malpractice cases. As vice president of the Health Law Society, she was active in promoting and moderating workshops aimed at both medical and law students. As a side note, she also won the 2017 Linden Cup for oral appellate advocacy.

Last spring, the Health Law Society sponsored a panel of three local lawyers to discuss issues in health care law. Kohlmeier invited the new University of Washington medical students to trek across the river to the Gonzaga Law campus to attend. The response to the panel discussion was so successful that it sparked a new workshop series: an experimental pilot program for law and medical students to learn in a cross-disciplinary environment, dubbed the Law-Med Workshop Series.

Charting a new path with Legal-Medical Workshop series

The first two workshops in the 2017-2018 academic year addressed health care directives and medical malpractice law. In January 2018, Kohlmeier led the third workshop, on bioethics, and examined the case of Henrietta Lacks to begin the discussion on clinical and research bioethics; bioethicist Brigit Ciccarello (B.A./B.S., ’01) also spoke on issues around informed consent. For the fourth workshop, Jeffrey Lane, attorney at Foster Pepper’s Seattle office, spoke about global health care and medical research law.

Kohlmeier’s academic framework has begun to bridge the gaps between the legal and medical fields, and we are excited to see her passion continue post-law school.

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2018

Graduates

Kristopher

Morton

Intellectual property (IP) law is not limited to the law schools near the Research Triangle, Silicon Valley, or Seattle. Even in the Inland Northwest, IP law is flourishing. Just ask Kristopher Morton.

Growing up in Spokane, Morton saw that he could create opportunities for himself by pushing and reaching for more—in athletics, academics, and leadership. He learned quickly that the more he worked, the more he was likely to succeed. That success led to new challenges.

Before coming to Gonzaga, Morton was rising rapidly in Nordstrom’s management in Seattle and Bellevue. Despite his success, retail management didn’t meet all his needs for a fulfilled life. He decided to go to law school. Morton chose Gonzaga Law, in part, because of its strong legal research and writing program and because of its “stellar reputation for cultivating a collegial, friendly, and supportive learning environment.”

Although the first semester of law school can be overwhelming, Morton still chose to study for and become a US patent agent in October of his 1L year. After his 1L year, Morton considered transferring to another school, was accepted to Berkeley and Georgetown, but decided to stay a Zag. “Ultimately, I believed the quality of education I was receiving at Gonzaga more than justified staying,” he said.

Morton became a member of the team that won Best Oral Argument in the West Regional competition of the Saul Lefkowitz Moot Court Competition and served as team captain. Along with his first-in-class rank, he also worked as an intern for the City of Spokane Valley for his 1L summer and during his 2L year.

Soaring to new opportunities with the U.S. District Court

For his 2L summer, Morton decided to do something a little different.

He landed a position with the Student Honors Program within the U.S. Securities and Exchange Commission and spent his summer in Washington, D.C., where he worked on cases of auditor fraud, market manipulation, and insider trading.

When he returned to Spokane, he began his externship with the Honorable Frederick P. Corbit in the U.S. Bankruptcy Court for the Eastern District of Washington. During his remaining time at Gonzaga Law, he also served as the executive editor of the Gonzaga Journal of International Law and as president of the Gonzaga Intellectual Property Law Association.

After graduating in May 2018, Morton began a clerkship in Tyler, Texas for the Honorable K. Nicole Mitchell in the U.S. District Court, Eastern District of Texas—the district that hears the most patent cases in the country.

Knowing Morton, we suspect he’ll be up to the task.

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Linden Cup First Place Team: Briana Ortega & Ethan Vodde Second Place Team: Kelli Cummings & Norann Beidas

Negotiation Competition

Client Counseling Competition

Gonzaga’s National Trial Team (NTT)

First Place: Kelty Godby and Linnea Hunsaker

Team Lonestar: Regina Bradley, Barbara Duerbeck, and Taylor Hennessey

Second Place: Kimberly Holdiman and Devon Haugan

Team Attractive Nuisances: Kyle Olson, Devin Curda, and Maryann Roman

Champions: Jack Mosby and Nathan McKorkle Runner-ups: Adam Kitz and Hannah Raab; and Nathan Umbriano and Hayden Sebald

2017 GONZAGA LAW

Moot Court Competitions

2018 Saul Lefkowitz National Trademark Moot Court Competition Team Punctual: Alisha Myers 3L Captain, Christine Hotchkin 2L, Ethan Vodde 2L, Asif Saleem 2L Team Practical: Kristopher Morton 3L Captain, Sam Thomas 2L, Victoria Elleby 2L, Karley Whisman 2L

National Appellate Advocacy Moot Court Team Team 1 3L team: Pam Kohlmeier, Jordan Schaper, and Robert Wright Team 2: Sara Ward, Amanda Hunter, and Heidi Keele

NALSA Moot Court Competition

National Moot Court Competition Team 1: William Kincaid, Phillip Silcher, Lindsey Wheat Team 2: Haleigh Farrelly, Conner Sabin, Pierce Jordan

Jessup Cup Yvonne Renee Carrick, Ryan Dalessi, Joshua House, and Tirra D. Seely

Team 1: Kelli Cummings, Norann Beidas Team 2: Rachael Collins, Christy Vu Gonzaga Law will be hosting a regional round of the 2018 National Moot Court Competition on November 15-17, 2018. If you are interested in helping judge this or any other competition, please contact Vicky Daniels at danielsv@gonzaga.edu.

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FACULT Y ACCOMPLISHMENTS

Upendra D. Acharya Publications •

A Trinity of Culture, Law, and Politics: Legal Anthropology of the Bonded Labor System in Nepal, Comparative Law and Anthropology (James Nafziger ed., Edward Elgar), 2017

Presentations •

Why Not Immigrate Legally?, Closing the Gap: Immigration TeachIn, Gonzaga University, Spokane WA, March, 2018.

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Legal Permanent Residency for Immigrants, panel presentation, Sanctuary Cities, DACA, & Immigrants’ Rights, presented by the Washington State Minority and Justice Commission and Gonzaga Law Center for Civil & Human Rights, Spokane, WA, February, 2018.

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Refugees, Rights, and Responsibilities: Bridging the Integration Gap, Creighton University School of Law Faculty Colloquium, October, 2017.

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Bridging the Integration Gap: Teaching Refugees about U.S. Law and Justice, Law and Society Annual Meeting, Mexico City, Mexico, June, 2017.

Keynote / Featured Speaker •

International Law, Global Governance, and Economic Inequality, Universidad Nacional Autonoma De Mexico (UNAM), Programa De Posgrado En Derecho, Mexico City, Mexico, March 2018.

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Culturalizing Human Rights V. Human-Rightization of Culture: Epistomology of Human Rights in Asia, Center for Human Rights and the School of Law, University of the Philippines, Manila, December 2017.

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Challenges to the Implementation of the New Constitution of Nepal, Global Policy Forum for Nepal, Liverpool, UK, June 2017

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Economic Equality and Development through Constitution, National Law College, lalitpur, Nepal, June 27, 2018.

Presentations / Lectures •

Trump Trade War and the American Leadership in the 21st Century Economy, Gonzaga Journal of International Law, Gonzaga Law School, Spokane, Washington, April 2018.

Appointment •

Guest Editor, Journal on Internal Displacement, Vol. 8, 2018.

M. Lisa Bradley Presentations •

Accessing and Managing Higher Education under the New Nepali Constitution and Federalism, Global Policy Forum for Nepal, Association of Higher Education Institutions of Nepal, and the Ministry of Education, Nepal, Kathmandu, Nepal, February 2018.

Developing Writing & Research Skills from Orientation to Graduation, LWI One-Day Workshop, Golden Gate University, San Francisco, California, Dec 1, 2017.

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Incorporating Contemporary Literature in the Legal Writing Curriculum, Rocky Mountain Legal Writing Conference, Arizona State University School of Law, Phoenix, Arizona March 10-12, 2017.

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The Relevance of Borders to International Law, International Law and International Human Rights Section of the AALS, AALS Annual Meeting, January 2018.

National Professional Committees •

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TRILA (Teaching and research International Law in Asia) Conference, International Law Center, Faculty of Law, National University of Singapore, Singapore, June 21-22, 2018.

Legal Writing Institute: Global Legal Writing Skills Committee 2018-present

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Association of American Law Schools: Status Task Force Committee 2016-2018

Chair and Commentator, Researches presented by junior faculty members of Asia, Latin America, Europe, Africa, and North America at the Junior Faculty Workshop (JFW), National University of Singapore, Faculty of Law, Singapore, June 20, 2018.

Patrick Charles

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Professional Leadership / Association •

Norman & Rita Roberts Scholar

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Vice-President of the Asian Society of International law

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Co-Chair of the Planning Committee of the 7th Biennial Conference 2019 of the Asian Society of International Law in Philippines. Another Co-chair is Hon’ble Justice Francis H. Jardeleza, Supreme Court of the Philippines

Megan Ballard Publications •

Editorial: Special Issue on Law and Society CRN 11: Displaced Peoples, 8 J. on Internal Displacement 2 (2018), co-authored with Ben Hudson, as Journal Guest Editors.

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Refugees, Rights, and Responsibilities: Bridging the Integration Gap, 39 U. Penn. J. of Int’l Law 188 (2017).

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Trump’s Refugee Rationale is a Ruse, Guest Opinion, The Spokesman-Review, October, 2017.

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Presentations •

So You Want to Teach an Online Legal Skills Class?, Institute for Law Teaching & Learning Annual Conference, June 2018

Lynn Daggett Presentations •

Lynn Daggett and Robert Hacihya, “Torts.” Charles J. Russo, and Elizabeth A. Shaver, Eds., 2018 Yearbook of Education Law (in press 2018).

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Lynn Daggett, “Chapter 8: Special Education and Students in Nonpublic Schools.” Charles J. Russo and Steve Permuth. Eds., Legal Issues of Faith-based and Other Nonpublic Schools (7th ed.in press 2018).

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Lynn Daggett, Ralph Mawdsley and James Mawdsley “Employees.” Charles J. Russo, and Elizabeth A. Shaver, Eds., 2017 Yearbook of Education Law 23-62 (2017).

FACULT Y ACCOMPLISHMENTS National / Regional Presentations

Presentations

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Clarke Prize in Legal Ethics Conference, Access to Justice as an Ethics Question, Program Chair and Presenter, (April 2018– Spokane, WA)

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Gonzaga Journal of International Law Symposium, American Leadership in International Economic Law in the 21st Century, Panel moderator, (April 2018–Spokane, WA),

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Annual Montana Federal Defender and Montana Association of Criminal Defense Lawyers Conference, Ineffective Assistance and You: Understanding, Preventing, and Addressing IAC Claims, Keynote Ethics Speaker, (March 2018–Pray, MT)

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Washington Defender Association, How Much Should You Prioritize Therapeutic Jurisprudence in Your Practice? Balancing Conscientious and Ardent Advocacy with Collaborative and Holistic Practice Models, Keynote Ethics Speaker, (December 2017– Seattle, WA

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Washington State Bar Association Annual Ethics Dilemmas Seminar, Panel Speaker, (November 2017–Seattle, WA)

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National Association for Civilian Oversight of Law Enforcement, Perspectives on the Law of Police Accountability, Panel speaker, (September 2017–Spokane, WA)

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35th International Congress on Law & Mental Health, Therapeutic Jurisprudence: Perspectives & Practices in Criminal Sentences, Panel discussant and moderator, (July 2017–Prague, CZ)

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Lynn Daggett, “Faith, Law and Health Care Providers.”

Spokane, WA. Interfaith Healthcare Conference sponsored by Washington State University, Eastern Washington University, Spokane Community Colleges, Gonzaga University, North Idaho College, University of Washington. February 2018.

Lynn Daggett, “Privacy and Student Sexual Assault.” San Diego, CA. Annual Conference of the Education Law Association.

November 2017.

Lynn Daggett, “Education and Special Education Law for Criminal Defense Attorneys.” Missoula, MT. Annual Conference of the Montana Public Defenders. October 2017.

Jason Gillmer Publications •

Slavery and Freedom on Trial: Stories from the Courtroom, 18211871 (Athens: University of Georgia Press, 2017) (Finalist, Ramirez Family Award for Most Significant Scholarly Book in 2017, Texas Institute of Letters)

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The Weeping Time: Memory and the Largest Slave Auction in American History, by Anne C. Bailey, __ J. OF SO. HIST. __ (forthcoming 2018) (book review)

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The Lessons from Loving v. Virginia Still Resonate 50 Years Later, 18 SOCIAL EDUCATION 137 (May/June 2017)

Presentations •

Presenter, Lawyers and Slaves on Galveston Island, Faculty Colloquium, Southern Methodist University School of Law, Dallas, TX (November 2017)

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Presenter, Lawyers and Slaves on Galveston Island, Dallas Bar Association, Dallas, TX (October 2017)

Appointments & Service •

Director, Center for Civil and Human Rights at Gonzaga Law

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Commission Member, Washington State Minority and Justice Commission

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Board Member, Washington State Bar Association Council on Public Defense

Appointments & Service •

Washington State Bar Association Committee on Professional Ethics

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American Bar Association, Screening Committee, Silver Gavel Awards for Media and the Arts, Documentary Films

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Society of American Law Teachers, Board of Governors Member and Co-Chair, Access to Justice Committee

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American Civil Liberties Union of Washington, Legal Committee

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Gonzaga University School of Law, Associate Dean for Academic Affairs

Law Practice •

Filed opening brief as counsel of record in case pending before the U.S. Court of Appeals for the Ninth Circuit involving conviction for violation of the Clean Water Act

Gail Hammer

Amy Kelley

Appointments & Service

Publications

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Washington Supreme Court Gender and Justice Commission

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Washington State Administrative Office of the Courts Domestic Relations Form Subcommittee

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Washington State Bar Association Limited License Legal Technician Board

•

Gonzaga University School of Law, Co-Director of Legal Clinic

Kelley, Amy et al., WATER AND WATER RIGHTS TREATISE, VOLS. 1-5, editor, co-author, and upkeep author, (Lexis/Nexis Matthew Bender, 2018 update).

Newsletters •

Editor-in-Chief, Federal Reporter, and Washington Reporter, Water Law Newsletter, Rocky Mountain Mineral Law Foundation (RMMLF).

Brooks Holland

Presentations

Publications

•

•

Learning Professional Responsibility: From the Classroom to the Practice of Law (2nd ed. West 2018) (with Leah Christensen)

•

Reviewer, New Criminal Law Review, 2018

The Highs and Lows of Washington Water Law, Annual Spring Washington State Appellate Judges Conference, March 27, 2018, Suncadia, WA

Gonzaga Law Magazine | 2018

39

FACULT Y ACCOMPLISHMENTS

Jessica Kiser

Genevieve Mann

Publications

Presentations

•

Brandright, 70 ARK. L. REV. 489 (2017).

•

•

Wallpaper By Any Other Name, 68 SYRACUSE L. REV. 117 (2018).

Legal Writing in English (co-teacher), Prince Sultan University, Riyadh, Saudi Arabia, American Bar Association Rule of Law Initiative, February 4-8, 2018.

•

Presenter, Trademark Ownership and Value Co-Creation, Ninth Annual INTA Trademark Scholarship Symposium, at International Trademark Association’s 2018 Annual Meeting, May 22, 2018.

Writing Ourselves into the Professionals We Hope to Become (copresenter), Northwest Clinical Law Conference, Sleeping Lady, Leavenworth, WA, November 4-5, 2017.

•

Presenter, Trademark Ownership and Value Co-Creation, at 2018 Works-in-Progress Intellectual Property Colloquium, Case Western Reserve University School of Law, February 16-17, 2018.

The Impact of Court Decisions on Policymaking, Eastern Washington University, MSW class, October 11, 2017.

Daniel J. Morrissey

Presentations •

•

•

•

•

Presenter, Brandright, Pacific Intellectual Property Scholars Conference IV, co-hosted by the University of Washington School of Law and Seattle University School of Law, Seattle, WA, September 30, 2017.

Publications

Panelist, Trademark Morality: The Cultural and Expressive Implications of Regulating Immoral and Offensive Trademarks, at the Southeastern Association of Law Schools 2017 Annual Meeting, Boca Raton, FL, August 4, 2017.

Presentations

Discussant, Discussion Group: Digital Pressures in Intellectual Property Law, at the Southeastern Association of Law Schools 2017 Annual Meeting, Boca Raton, FL, August 4, 2017.

•

Presenter, Wallpaper by any Other Name, Syracuse Law Review’s Forgotten IP Cases Symposium, Washington, D.C., April 22, 2017.

•

Presenter, Brandright, at Gonzaga University School of Law, Spokane, WA, April 5, 2017.

•

Presenter, Brandright, Junior Intellectual Property Scholars Workshop, at The Ohio State University Moritz

Inga Laurent

•

•

Go Full Circle: Creating a Comprehensive Curriculum around Law Student Well-Being in Clinics and Externships, AALS Clinical Conference, Chicago, Illinois, May, 2018.

•

Intensive Paper Feedback Sessions: Re-envisioning Justice in Jamaica - From Retribution to Restoration, AALS Clinical Conference, Chicago, Illinois, May, 2018.

•

New Clinicians: Introduction, Externship 8 Conference, Athens, Georgia, March, 2018.

•

Plenary One: How Far We Have Come How Far We Need to Go, Externship 8 Conference, Athens, Georgia, March, 2018.

•

Using Broad Strokes to Paint More Meaningful Discussion in the Externship Classroom: Creating Unique Opportunities for Students to Engage with Issues of Professional and Personal Identity, Externship 8 Conference, Athens, Georgia, March, 2018.

•

Restorative Justice in Jamaica, Social Justice Mondays, Seattle University Law School, Seattle, Washington, November, 2017.

•

Writing Ourselves into the Professionals We Hope to Become, Northwest Clinical Law Conference, Leavenworth, Washington, November, 2017.

•

40

Opportunities and Challenges for Restorative Justice in Jamaica, Symposium on Law, Governance and Society, Trelawny, Jamaica, June, 2017.

Gonzaga Law Magazine | 2018

Presenter, American Corporate Law/Securities Law, at Comillas University Law School, Madrid, Spain, June 18-19, 2018

Ann Murphy Publications •

Wright, Graham, and Murphy, Federal Practice and Procedure, Volumes 23 – 26A, Evidence Privileges. Thomson Reuters.

•

Murphy, et al., Federal Tax Practice and Procedure. Matthew Bender (LexisNexis).

Speaking Engagements •

Panelist, American Bar Association, Section of Taxation, Transforming Tax Law Through a Feminist Perspective, 2018 May Meeting, Diversity Committee Program.

•

Washington State Bar Association, Family Law Section, Mid-Year Meeting, Tax Cuts and Jobs Act of 2017, June 2018.

Presentations •

Are Mutual Funds Robbing Retirement Savings?, 14 NYU Journal of Law & Business, 143 (2017).

Amici Curiae Participation •

South Dakota v. Wayfair, Inc. et al., 585 U.S. ___ (2018), signatory on Brief of Amici Curiae Law Professors and Economists in Support of Petitioner. U.S. Supreme Court majority opinion cites Amici Brief, pp. 19 and 22.

•

State of Washington, et al. v. Donald Trump, signatory on Brief of Amici Curiae Law Professors and Clinicians Supporting Plaintiffs-Appellees.

•

Kenneth E. Fairley v. U.S., signatory on Brief of Amici Curiae Professors of Evidence in Support of Petitioner, June 2018.

Jacob H. Rooksby Publications •

“Beyond Formal University Technology Transfer: Innovative Pathways for Knowledge Exchange.” The Journal of Technology Transfer (2018). doi: 10.1007/s10961-018-9677-1 [with Christopher S. Hayter & Einar Rasmussen]

•

The Branding of the American Mind: How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters, Baltimore, MD: Johns Hopkins University Press, 2016

FACULT Y ACCOMPLISHMENTS

Stephen L. Sepinuck

Sandra Simpson

Publications

Presentations

•

PROBLEMS AND MATERIALS ON SECURED TRANSACTIONS, 4th ed. 2017

•

Formative Assessment Techniques for Adjuncts, University of Texas A&M Law School, Spring 2018, Conference for Adjuncts.

•

The Various Standards for the “Good Faith” of a Purchaser, 73 BUS. LAW 581-626, Summer 2018

•

•

Uniform Commercial Code Survey: Personal Property Secured Transactions, 73 BUS. LAW, Fall 2018 (co-authored)

Creating Mandatory 1L Workshops to Explore Cultural Competency, University of Arkansas Little Rock, Summer 2017, Conference on Teaching Cultural Competency in the Law School Curriculum.

•

Coordinating Assessment Across the Curriculum, Detroit Mercy School of Law Assessment Symposium, March 2017

•

Coordinating Assessment Across the Curriculum, Emory University School of Law, Spring 2017, Conference on Assessment

Newsletter Articles •

Spotlight, COMMERCIAL LAW NEWSLETTER 8, Spring 2018 (co-authored)

•

Gotcha!: Caught in the Explicitness Trap, 8 The Transactional Lawyer 1 (June 2018), reprinted in Business Law Today, Aug. 15, 2018

•

Protecting Distributors and Trademark Licensees in Bankruptcy, 8 THE TRANSACTIONAL LAWYER 1, April 2018

•

The Limited Efficacy of No-Implied-Waiver Clauses, 7 THE TRANSACTIONAL LAWYER 1, December 2017

•

The Timing of Representations & Warranties, 7 THE TRANSACTIONAL LAWYER 5, December 2017

•

Suggestions for Drafting Guaranties, 7 THE TRANSACTIONAL LAWYER 1, October 2017 (co-authored)

•

Secured Parties Still Need to Be Aware of Patent Rights in Goods, 7 THE TRANSACTIONAL LAWYER 2, Aug. 2017 (co-authored), reprinted in Business Law Today, October 29, 2017

•

Be Careful for What You Ask in a Receiver, 7 THE TRANSACTIONAL LAWYER 4, August. 2017

•

Ancient Hazards for Today’s Transactional Lawyer, 7 THE TRANSACTIONAL LAWYER 1, June 2017

Publications •

Experiential Education in the Law School Curriculum, co-edited the book with Profs Emily Grant and Kelly Terry. Carolina Academic Press, 2018

•

Coordinating Formative Assessment Across the Curriculum: A view from the Associate Dean’s Desk, 91 University Detroit Mercy Law Review 573, 2017

Mary Pat Treuthart Book Chapter •

Article 39 –The Report of the Committee in THE U.N. CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: AN ARTICLE-BY-ARTICLE COMMENTARY (Ilias Bantekas, Michael Stein, & Dimitris Anastasiou eds. 2018)

Presentations •

Migration and Human Trafficking, panel moderator, Symposium: The Pursuit of Justice: Equal Justice as a Human Right, Gonzaga University and the RFK Human Rights Center, Florence, Italy, June 2018

Presentations •

How to Use PowerPoint to Promote Active Learning, Institute for Law School Teaching & Learning (Spokane), June 19, 2018

•

•

The Creative Aspect of Transactional Lawyering: Structuring the Transaction and Drafting the Agreement to Resolve a Legal Issue, Emory University School of Law (Atlanta), June 1, 2018

Economic Justice and Human Rights, panel moderator, Gonzaga Journal of International Law Symposium, Spokane, Washington, April 2018.

•

•

“Spot the Errers”: An Interactive Exercise in Identifying the Analytical Errors Made in Recent Cases Involving Secured Transactions, 31st Annual NW Bankruptcy Institute, Seattle, April 14, 2018

The Best Places on Earth to be Female? Factoring Violence against Women into the Equation, presenter, Law and Society Annual Meeting, Mexico City, Mexico, June 2017.

•

•

The Various Standards for the “Good Faith” of a Purchaser, KConXIII, Orlando, February 24, 2018

•

2017 Commercial Law Developments, Lane Powell, Seattle, December 7

The Impact of U.S. Foreign Policy on Women’s Rights Issues, presenter, Symposium: Human Rights in Anxious Times, Gonzaga University and the RFK Human Rights Center, Florence, Italy, May 2017.

•

Perplexing Problems of Secured Transactions: An Interactive Discussion, ABA Law Section, Chicago, September 15, 2017

•

Secured Transactions Problems: An Interactive Discussion of Current Issues and Possible Solutions, Eastern District Bankruptcy Conference, Sun Mountain, June 17, 2017

Gonzaga Law Magazine | 2018

41

class action

1976 J. David Frazier, retired as Whitman County, WA Superior Judge in 2017 after serving 16 years and prior thereto serving as District Court Judge for 18 years.

The Oakesdale High School 1969 graduate now conducts mediations and arbitrations.

Gary J. Libey was elected as Whitman County, WA Superior Court Judge in 2017 after a 40 year law career in private practice in Colfax. The John R. Rogers High School 1969 graduate was not opposed in the judicial election.

1983

Janice Brown was listed in

The San Diego 500, The Book of Influential Business Leaders.

The 500 includes business leaders and executives who have founded or are running significant companies in terms of number of jobs, key products and services, experts who raise the level of the industry here and beyond and those who lead in the business community. The 500 is selected by the San Diego Business Journal newsroom.

1984 Paul Taylor of Seattle, WA has been made a fellow of the American College of Trail

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Gonzaga Law Magazine | 2018

Lawyers. Membership in the College is by invitation only and is limited to the top one percent of trial lawyers.

1985 Eversheds Sutherland announced that Susan E. Seabrook joined the Tax Practice Group as partner in the Washington D.C. office.

Prior to joining the firm, Ms. Seabrook served as partner and leader of Buchanan Ingersoll & Rooney PC’s DC tax controversy practice.

1992 City of Coeur d’Alene Chief Criminal Deputy City Attorney Wesley Somerton has been appointed as the Region 1 representative to the Idaho Council on Domestic Violence & Victim Assistance (ICDVVA) by Idaho Governor C.L. “Butch” Otter.

The ICDVVA is composed of governor-appointed council members from seven regions within Idaho. It is the advisory body for programs and services affecting victims of domestic violence and other crimes.

Wes has also served on the Idaho Supreme Court Children and Families in the Courts Committee - Domestic Violence Advisory Team since 2014. This committee provides leadership, mentorship, and guidance to maximize the effectiveness of state wide domestic violence courts.

1993

1998

Gov. Jay Inslee appointed Kathryn Leathers as General Counsel. Ms. Leathers previously served as Senior Counsel for the House Democratic Caucus at the Washington State House of Representatives, and Legislative Liaison for the Washington State Bar Association.

Roberts & Stevens welcomed Carolyn Clark Snipes to the firm’s residential and commercial real estate group. Carolyn practices commercial and residential real property law in Asheville, NC. She focuses on real estate transactions, easements and agreements, property disputes, and insurance claims.

1994

Teresa S. Ridle was listed

in the 2018 issue of The Best Lawyers in America.

Ms. Ridle practices at the Holland & Knight firm in Anchorage, AK. She focuses her practice on internal investigations and code of ethics compliance, corporate law and governance, business formation and acquisitions, business transactions, intellectual property, shareholder relations, stock transfers, employment, liquor licensing and secured transactions.

UniBank, the wholly-owned subsidiary of U & I Financial Corp. (OTC Pink:UNIF), announced the appointment of Cindy Runger to the board of directors. Cindy Runger has over 20 years of experience in wealth management, law, and public policy. She also serves on various boards, and is the President of the Rotary Club of Seattle.

Sanpete County Nominating Commission appointed Honorable Mark K. McIff to the Moroni Justice Court.

Judge McIff served as judge of the justice courts in Sevier County, Piute County, Fairview City, Foundation Green City and Spring City.

He also practices in the south central Utah area.

2000 Gaetano “Guy” Testini was appointed as the newest Board member for the State Bar of Arizona Board of Governors. Testini will serve a one-year term, filling a vacancy in Board District Six (Maricopa County).

Testini is an administrative law judge at the Industrial Commission of Arizona. He is a past president of the Los Abogados Hispanic Bar Association and past Region XIV deputy president of the Hispanic National Bar Association. He has served

class action

2007 on the State Bar’s Bar Leadership Institute Selection Committee and the Standing Appointments Committee, and chaired the Committee on Minorities and Women in the Law. Testini is also a State Bar certified Workers’ Compensation Law Specialist.

He was also a member of the Gonzaga Law School Board of Advisors and currently has emeritus status.

2001 The Hon. Joseph James Norita Camacho was sworn in to his second term as an associate judge of the Superior Court of the Commonwealth of the Northern Marianas Islands, Guam. After winning eighty percent of the vote, Judge Camacho stated that “It is an honor and a privilege to serve as a judge,” he said. “I humbly extend my gratitude to the people of the CNMI for their overwhelming support.”

2004 Anni Foster joined the Governor’s Office as the new Deputy General Counsel. As Chief of Staff and General Counsel at the Arizona Department of Public Safety, Anni manages litigation against the Department, reviews policies and oversees the Department’s Equal Employment Opportunity Office. She previously served as an Assistant Attorney General in the Arizona Attorney General’s Office for

more than seven years, where she advised and represented state agencies on various issues from procurement to public records and also prosecuted child support cases.

Camerina BrokawZorrozua joined the Center for Justice in Spokane, WA as a staff attorney in January after leaving her practice at Maxey Law Office. Cam originally joined the Maxey firm in 2005.

Cam will be working on behalf of the community on issues of criminal justice reform, reentry, and police accountability.

Ruben Cleaveland was appointed by Mayor Paul Blackburn as Municipal Judge in Hood River, OR. Cleaveland had been Judge Will Carey’s bench backup for several years and was appointed interim when Carey died. A Hood River resident since 2006, Cleaveland will continue to work in the office Annala Carey Baker Thompson and VanKoten, which he joined two years ago.

2005 Ruth Esparza, a litigation attorney with over 12-years’ experience in practicing law in the Wenatchee, WA area, will be opening her

own law practice. Ruth is also a City of Wenatchee Councilmember. Ruth is also a Guardian Ad Litem for the State of Washington.

Esparza Law, PLLC will be focusing on general civil litigation including family law, landlord/tenant, wills/estates, contracts, personal injury, and immigration.

2006 William J. O’Grady of Las Vegas, NV has been included in Marquis Who’s Who. With more than 10 years of professional experience in law, Mr. O’Grady has served as an attorney and founder of the O’Grady Law Group since 2011. In this role, he represents clients in residential and commercial real estate matters and timeshares, helping to negotiate timeshare releases and short sales. In addition, he has expertise in landlord/ tenant issues, construction litigation, insurance litigation, property management disputes, contract disputes, business litigation, and personal injury law. Prior to founding his own firm, he worked as an attorney with Ray Lego & Associated from 2008 to 2011, and as an associate attorney with Luh & Associates from 2007 to 2008.

Gordon Tilden Thomas & Cordell (‘GTTC’) announced that accomplished litigator Brendan Winslow-Nason

has joined the firm as Of Counsel. Formerly a partner in the Seattle office of Cozen O’Connor, he was known for his national practice representing insurers in complex coverage litigation and representing developers and general contractors in construction litigation.

2009

Kenneth L. Huitt joined Bar Harbor Trust Services, a subsidiary of Bar Harbor Bank & Trust, as Vice President, Trust Administrative Officer.

Ken began his career as an attorney in Coeur d’ Alene, Idaho working in probate law, real property transactions, and creating comprehensive estate plans, involving tax considerations and trusts. Several years later he transitioned to the field of wealth management as an adviser specializing in estate conservation and small business transition planning. As a Financial Consultant Ken has a strong background in insurance and

Gonzaga Law Magazine | 2018

43

class action Kenneth L. Huitt continued retirement plans as well. Most recently he held the position of Vice President of Trust and Investment Administration at Idaho Trust Bank.

2010 Wisconsin Governor Scott Walker appointed attorney Shaughnessy P. Murphy to serve as a judge on the Eau Claire County Circuit Court, Branch 5, replacing retiring Judge Paul J. Lenz. Shaughnessy Murphy was an attorney at Ruder Ware L.L.S.C. where he advised clients on a wide variety of business and transactional matters including mergers and acquisitions, real estate, corporate governance, and foreign sanction and trade regulation compliance. Prior to his work in private practice, Murphy served as a senior leadership aide in the U.S. House of Representatives where he advised members of Congress on a variety of public policy and legislative issues.

Andy Smith is Government Relations Manager for Hillsboro, OR. As the city’s lobbyist, Smith is the city’s representative in Salem and front man in many discussions. While many cities employ lobbyists on a contract basis, only Portland, Gresham, Eugene and Hillsboro — four of the state’s five largest cities — have in-house lobbyists full time.

44

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David Lewandowski won the Northern Nevada Business View’s 2017 Readers’ Choice Best in Business “Nevada Innovators: Problem Solvers” Award at the NNBW’s 2018 Gala for his passion for helping clients overcome the hurdles of starting up a new business.

and Benefit Lunch. Washington Supreme Court Justice Steven González gave the keynote address. David sits on the Chelan-Douglas Volunteer Attorney Services board.

2017

2012

Christine Hayes was hired by the city of Battle Ground, WA as their first in-house attorney. Previously, the city contracted with two different law firms for legal services.

Before beginning her tenure in Battle Ground, Hayes did municipality civil work for the city of Spokane Valley’s office of the city attorney.

She then worked for Wheeler Montgomery Sleight & Boyd, which contracted with the city of Battle Ground for prosecuting attorney services for the Battle Ground Municipal Court from 2013 to 2016. Her most recent position was focused on domestic law at the Vancouver law office of McKinley Irvin.

2014 David Kazemba was recognized as Volunteer Attorney of the Year at the Chelan County Bar Association’s Law Day Awards

Jeremy Burke joined the Halverson Northwest Law Group in Yakima, Wash. While in law school, Burke was the editor-in-chief of the Gonzaga Journal of International Law and a member of the Alfred T. Mugel National Tax Moot Court Team. He also served six years in the U.S. Army Reserves as both a member of the Army Corps of Engineers and as a drill sergeant.

Let us know your recent news and accomplishments! You can submit your information and photos by e-mail to lawalumni@ gonzaga.edu. We will use them when possible and as space and photo quality permit.

Campaign

A Year of Extraordinary Generosity

By Jeff Geldien Assistant Vice President, Academic Development

In the fall of 2015, Gonzaga University launched a comprehensive fundraising campaign with a goal of raising $250 million. Gonzaga Law joined in this effort and made a commitment to raise $10 million, primarily earmarked to fund student scholarships, along with support for faculty development.

As Gonzaga Law seats its 107th class this fall, we find that despite significant societal changes since our first class matriculated in 1912, the need for leaders educated in the law has not diminished. Rather, there seems to be a special urgency to the law school’s mission to build a vibrant community that provides access to a quality education to the very law students who will become our society’s agents of change.

We know that a law school education can change lives. The intellectual rigor and practical skills our students develop lead to exciting and rewarding careers. But this path is not always affordable or accessible. Over 90 percent of our law students require some sort of financial aid as they pursue a legal education at Gonzaga Law. Our amazing faculty guides our students’ development not only by challenging

them in the classroom but also by their leadership within the law through their own research and legal service.

The Gonzaga Law School Foundation, established in the mid 1970s, provides the financial support for these efforts.

The foundation, which has a board consisting of alumni and faculty representatives, stewards our resources to make sure we employ the most sound investment practices and implement responsible spending strategies.

The foundation’s endowment ensures that the law school can continue to fulfill its mission to provide a legal education through the generations despite fluctuations in the economy, demographic trends, and other factors that have affected Gonzaga Law and other law schools around the nation.

To that end, we committed to raise $10 million for the Law School Foundation that would directly support our law students and faculty. In true Zag fashion, we exceeded our goal and are proud to report that we raised $12,234,915.

During Dean Jane Korn’s tenure, which was marked by a disrupted economy and depressed legal education market, our law alumni rose to the occasion and proudly reinvested in their alma mater.

Our campaign produced gifts for the following: • Student scholarships • Faculty research • Faculty chairs • Loan repayment assistance for alums • Moot court team support • Scholarship for diversity recruiting • Support for the law clinic We want to thank all of our great alums and all of the law school’s friends who supported the campaign. Gonzaga Law continues to forge ahead into its second century with a continued commitment to providing an excellent, Jesuitbased legal education.

Gonzaga Law Magazine | 2018

45

Law Campaign Stats As of May 31, 2018

$12,234,915 TOTAL COMMITMENTS This figure includes both outright gifts and pledges committed during fiscal year 2018.

114

6,746

DONORS

committed a total of

Campaign Commitments

$25K+

throughout the campaign

69%

of the total commitments received were designated for endowment purposes

68%

of Donors were Law Alums

56.75 is the current

average age of donors to the Law Campaign

On behalf of students, faculty, staff, and everyone who directly benefits from your generosity, thank you.

46

Gonzaga Law Magazine | 2018

2018 Honor Roll Lifetime Contributors

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, 2018.

$1,000,000 and Above Louis and Kathryn Barbieri † Chester and Catherine J. Chastek † Fred and Barbara Curley † J. Donald ‘60 and Va Lena Scarpelli Curran, ‘58 John Hemmingson Paul ‘59 and Lita (Barnett) Luvera, ‘77 Smithmoore P. Myers † and Sandy SanduloMyers †, ‘39 Smithmoore P. & Sandy Sandulo Myers Trust

$500,000 - $999,999 Gonzaga University Law Adjunct Faculty Norm † and Rita Roberts, ‘59

$250,000 - $499,999 John † and Nancy Clute, ‘63 Joseph P. and Helen K. † Delay, ‘52 John and Deborah Holleran, ‘79 Lewis Orland Estate Jim † and Beverly Rogers Sunbelt Communications Company

$100,000 - $249,999 Matt and Eleanor Andersen, ‘76 Holly Louise Caudill †, ‘93 Ben B. Cheney Foundation Kevin Curran ‘88 and Jean-Carlo Rivera 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

$50,000 - $99,999 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 Daniel and Susan Corkery, ‘76 Michael and Rebecca Costello, ‘96 Vern Davidson † Delay, Curran, Thompson & Pontarolo, PS James and Frances Flanagan †, ‘40 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 Dick Manning and Jen Gouge, ‘60 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 James and Dee Sweetser, ‘84 Sweetser Law Office Washington Trust Bank Financial Corporation The Honorable Bob † and Diane Waitt, ‘57 Washington State Bar Association Katharine Witter Brindley and Ralph Brindley, ‘84 Jim and Joyce † Workland, ‘64

$25,000 - $49,999 American College of Trial Lawyers Gene and Carol Annis, ‘59 Bank of America Foundation David and Nancy Bayley, ‘76 Boise David and Ellen Bolin, Jr., ‘85 Janice Brown, ‘84 Kelly and Sharon Cline, ‘85 John † and Kaye Condon, ‘77 Patrick and Paula Costello Ralph Dixon, ‘77 Philip and Mary Dolan † John J. and Allison Durkin, ‘80 Mr. Phillip E. Egger, ‘81 Bill Etter, ‘78 Richard C. and Susan Eymann, ‘76 Chief Justice Mary E. Fairhurst, ‘84 Fidelity Investments Charitable Gift Fund Rick Flamm ‘79 and Vesna Somers, ‘81 Michael A. and Patricia L. Frost, ‘73 Joe † and Joan Gagliardi, ‘59 Jim † and Margel Gallagher 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 R. 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 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 David and Angelica Torres, ‘86 The U.S. Charitable Gift Trust Union Pacific Foundation United Way of Benton & Franklin Counties United Way of King County J. Prentice Warner Estate Clifford and Karen Webster, ‘77 Dennis and Jackie Wheeler The Honorable Donna L. (Kamps) Wilson, ‘80

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 guzmans@gonzaga.edu.

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47

2018 Honor Roll Lifetime Contributors $10,000 - $24,999 Keller 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 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 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 Michael and Teresa Crofts, ‘80 Mike and Alison Delay, ‘88 Paul and Joan Delay, ‘86 Fred O. Dennis Estate 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 Roger A. Felice, ‘73 Joe Fennessy, Jr. †, ‘40 James † and Mikell Fish, ‘62 Dan and Karen Flynn, ‘83 Professor and Mrs. Michael F. Flynn, ‘77

Gold Club 48

Gonzaga Law Magazine | 2018

Francois and Debra Forgette, ‘77 Merrit and Yolanda Foubert †, ‘51 Gary Gayton, ‘62 Janice (Bennett) Geier, ‘89 Jim Giudici, ‘79 Phelps and Mary Jean Gose, ‘62 William and Margaret Grant †, ‘54 Paul and Nancy Greeley, ‘82 Bill † and Norma Grismer, ‘53 Geoffrey Grote, ‘78 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 Thomas and Sandra Jarrard, ‘07 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 and Kristina Larson, ‘75 Alex and Karen Laughlin, ‘85 Tom Lewis Tom 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 Ryan and Sarah McNeice, ‘05 Donald and Mary Moore †, ‘53 Daniel and Mary Beth Morrissey Ann Murphy The Honorable and Mrs. James M. Murphy, ‘73 Jerry Neal, ‘69 Jack Nevin, ‘78 Northern Trust Bank Northwest Fund for the Environment Donald and Christine O’Neill, ‘78 Stephen and Karen Osborne, ‘73 Charles and Helen Palmerton †, ‘52 PEMCO Mutual Insurance Company Tony and Patty Philippsen, ‘73

Harry and Alethea Platis, ‘69 Estate of Louis Powell Preston Gates Ellis & Rouvelas Meeds, LLP Joseph F. Quill and Dolores M. Quill Trust 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 and JoAnn (Salina) Roberts, ‘64 The Honorable Michael P. Roewe, ‘74 Sayre & Sayre P.S. Nicholas Scarpelli, ‘74 Kenneth A. Scaz, ‘98 Albert † and Betty Schauble, ‘58 Gerald and Rita Schears John A. † and Catherine Schultheis, ‘61 Dennis and Marie Sheehan, ‘76 Stokes Lawrence, P.S. Irene Strachen Charitable Trust Stritmatter, Kessler, Whelan, Withey, Coluccio Robert Sullivan, ‘86 Gaetano and Melissa Testini, ‘00 The Honorable and Mrs. † Joseph A. Thibodeau, ‘66 James and Carmelita † Thomas 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 Vanguard Charitable Endowment Program Donald Verfurth, ‘85 Verizon Foundation Marc and Nancy Wallace, ‘75 James and Kathleen Walsh, ‘81 Dr. Thomas and Bonnie Walsh, ‘90 Washington Judges Foundation Martin and Jane Weber, ‘64 Stan and Gina Welsh Western Atlas Foundation The Honorable † and Mrs. John F. Wilson, ‘56 Mark E. Wilson Winston & Cashatt James and Jackie Wolff, ‘74 Women’s Law Caucus

On behalf of Gonzaga University School of Law, we would like to present our newest members of the Gold Club. Gold Club commemorates the 50th Anniversary of the class of 1968. We value their ability to impact the legal community and carry out the Gonzaga Law reputation of excellent service for the past 50 years.

Joe Albo Robert Baumann Jr., Esq. John Fattorini, Jr. Harvey Faurholt Robert Flock

Lawrence P. Gamroth Garald Gesinger Michael K. Halley Laurence Higgins John Hurley

Dennis La Porte Robert H. Leeds, Jr. The Hon. John J. Madden Terry H. Neal Patrick Paul

Mark Vovos Greg Warner

In Memoriam The Gonzaga School of Law extends its deepest condolences to the families and friends of the following alumni and friends (†).

Gary Amendola / 1978

Elizabeth Hulteng / †

Frederick Andrews / 1957

Cheryl L. Kettrick / 2002

Les Balsiger / 2004

Jill R. Kurtz / 1981

Goldie Becco / †

H. Terry Lackie / 1975

Richard Burchak / 1991

Richard A. Lemargie / 1974

Richard Cease / 1965

Prof. Mike McClintock / †

Teresa J. Chenhall / 1987

Jerry L. McWilliams / †

Kenneth Cooper / 1988

James Murch / 1974

Dorothy Dano / †

Nancy M. Neal / 2000

Helen Delay / †

Mark T. Nesbitt / 1975

Prof. Mark DeForrest / 1997

John Pain, Jr. / 1955

John Farra / 1969

Harve Phipps, Jr. / 1953

Jim Gallagher / †

Donald J. Porter / 1990

Lana Cece (Verhoogen) Glenn / 1985

David Rhoten / 1961

Tom Golden / 1980

The Hon. Richard J. Richard, Sr. / 1956

Matthew W. Granger / 1985

Donald R. Shaw / 1966

David Grant / 1977

Geoffrey R. Vernon / 2000

The Hon. William J. Grant / 1954

Jay Violette / 1975

John Hayes / †

F. Parks Weaver, Jr. / 1966

Don Herak / †

Wendelin Wentz / †

C. Hogeboom III / 1986

Mark Wheeler / 2001

John Hughes / 1961

Karin White / †

Gonzaga Law Magazine | 2018

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In Memoriam Mark DeForrest

Mark first came to Gonzaga Law as a Thomas More scholar; he later served on the Gonzaga Law Review’s editorial staff and was a member of the Moot Court Council. Unsurprisingly, Mark graduated magna cum laude and then clerked for the Chelan County Superior Court in 1997. Clerking was, according to Mark, “The most fun you could have as a lawyer.”

His love of ideas and free inquiry took him into academia after finishing his clerkship. His first position was with Central Washington University in 1999, but he returned to Gonzaga Law in 2001. Mark taught in the Legal Research and Writing (LRW) program from 2001 to 2017. The rigor he brought to his classes, along with his service as chair of the 2003 and 2008 curriculum committees, ensured that Gonzaga Law’s groundbreaking LRW program remained top-notch.

He was a tough, warm, exacting, strict, friendly, funny, and kind professor who genuinely wanted his students to learn—he possessed the skills to help them grow as thinkers and writers.

For law professor Ann Murphy, Mark’s intellectual integrity and passion made him a wonderful colleague. “He was a person of great and varied intellect,” she said. “His intellectual curiosity was amazing. He always listened and was honestly interested in

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Gonzaga Law Magazine | 2018

With heavy heart, Gonzaga Law says a final goodbye to Mark DeForrest, a longtime member of the Gonzaga Law community as both a student and professor emeritus. Mark passed away on June 3, 2018, after a difficult battle with cancer.

differing points of view.” Yet Mark was fervent about his beliefs and would defend his views on religion and ethics “with humor and passion. He absolutely loved Gonzaga,” Murphy recalled. “It truly was his life’s work to teach here.”

Spokane attorney Ryan McNeice (MBA, ’04, JD ’05), one of Mark’s former students, feels “blessed to have had the opportunity to learn from Mark, both in and out of the classroom, and to call Mark my friend.” He reminds us all that Mark’s “legacy and razor-sharp legal mind will live on in his many enduring law review articles, court opinions, [and] classroom editorials, and [in] many lawyers’ careers.”

In 2017, Mark took a position with the Administrative Office of the Courts in Olympia, where he worked to ensure that Washington’s state courts ran smoothly and effectively. He continued to consult through DeForrest Legal Solutions PLLC, the company he began in 2001.

Along with his intellectual and educational accomplishments, Mark will be remembered as a devout Catholic of unshakable faith and as a man of empathy. McNeice recalled Mark’s words of wisdom to him: “Be kind, for everyone you meet is fighting a grand battle.”

A Note from Jane It has been my privilege to serve as dean of Gonzaga Law School for the past seven years.

Thanks to a great team of faculty and staff and to all the alums who were an immense support for the law school during my tenure. We accomplished much during this time.

We established the innovative Accelerated Two-Year J.D. program and reinvigorated the Gonzaga in Florence summer abroad program. The Center for Civil and Human Rights came into reality. We raised $12 million, meeting and exceeding our campaign goal. We reimagined the role of external relations as much more than fundraising.

We worked on our rankings and overall reputation as a law school with high academic standards that offers outstanding experiential learning to all students. We modernized our tenure process, our operations, and our marketing to both prospective students and other academic institutions. We merged our endowment funds with the university’s for investment purposes to increase our return on investment. We reimagined the role of our board of advisors to make it more interactive and advice-driven.

And as we came through this tough time of tremendous challenges for law schools nationally, we kept our standards high and our ethical values intact, despite the difficult decisions that had to be made. We are now in an excellent position to move forward.

With that, I turn the baton over to Jacob Rooksby, knowing that we are in good hands.

Jane Korn Dean (2011-2018)

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