KU Law magazine for alumni & Friends | SPRING 2009
Alumni spread legal roots in rural Kansas
guardian angels n film worthy n volunteer honor roll
From the Dean The Class of 2009 has now joined your ranks as our newest alumni. They received their doctoral hoods on a perfect spring morning. Judge Steve Leben, L’82, offered an official welcome on behalf of the Board of Governors. The class selected professor John Peck as the “hooder” and professor Martin Dickinson as the 2009 Moreau Award recipient. Blue skies shined overhead as the class joined other graduating students on the traditional “walk down the hill,” with Bethany Shelton carrying the law school’s banner. In late afternoon, I bid farewell to the class that joined KU Law with me in 2006. How quickly three years pass. What a three years it has been. Students brought honors to Green Hall in national and international moot court and legal writing competitions. They listened to and learned from the Chief Justice of the United States and showcased their considerable advocacy skills for him. They explored the boundaries of biology and law with professor Andrew Torrance at the biolaw symposia he convened for the Kansas Law Review and the Kansas Journal of Law and Public Policy. They grappled with difficult moral and legal issues arising from the nation’s shameful legacy of slavery, under the leadership of philosophy professor and law school teacher Derrick Darby, during the Kansas Law Review’s 2008 symposium. The law school established a new clinical program with its cutting-edge medical-legal partnership in Kansas City. It has quickly become a model for the state of Kansas. Thanks to the generosity of Shook, Hardy & Bacon, we established a Center for Excellence in Advocacy. The SHB Center quickly spawned a new certificate program in advocacy, suggested by third-year law student and recent alumna Dani Davey, and an important new course, “The Art of Advocacy,” developed by associate professor Melanie Wilson. The faculty achieved national and international recognition for scholarship. Professor John Head secured a Fulbright Professorship and spent it teaching at the University of Trento in northern Italy. Rounds Professor Chris Drahozal was tapped as a reporter for the American Law Institute’s Restatement (Third) of the U.S. Law of International Commercial Arbitration, and he testified before the U.S. Senate Republican Conference and the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law about his groundbreaking work with the Searle Civil Justice Institute on consumer arbitration. Professor and associate dean Stephen Mazza co-authored a study on lobbying for tax breaks by multinational corporations, which has received extensive media attention. We have given back to the community and benefited from the generosity of our alumni and friends. This summer, 24 law students received stipends for their work in the public interest. We launched our own Make a Difference Day with student and alumni volunteers. Our Public Interest Law Society provided invaluable assistance to The Arc of Sedgwick County in securing legal guardianships for children with special needs as they came of age. Next fall, for the first time, we will celebrate our students’ service when we recognize scholarship recipients. Later this month, John H. & John M. Kane Professor and former dean Mike Hoeflich will open the doors of Green Hall to a group of high school seniors and college freshmen with our pipeline-to-law program. We are a public law school in every sense of that word. Because we are a public school committed to access and affordability, we are also challenged in unprecedented ways. You are receiving this KU Law Magazine electronically to save scarce dollars for our primary mission of providing the very best educational experience we can to our current students. We will confront more painful choices as state support and endowment values fall. Now more than ever, we need your support. You make the difference for your legal alma mater.
Gail B. Agrawal, Dean and Professor of Law
KU law magazine | spring 2009
COVER STORY 2 Go west Alumni spread legal roots in rural Kansas
FEATURES 10 Guardian angels Students learn about guardianships while providing service to families of children with special needs
KU Law magazine is published biannually for alumni and friends of the University of Kansas School of Law.
12 Diversity in Law Banquet sets records 14
16 Students learn deposition skills during workshop
Green Hall 1535 W. 15th St. Lawrence, KS 66045-7608 785.864.4550 Fax: 785.864.5054 www.law.ku.edu
Editor & Designer Mindie Paget firstname.lastname@example.org 785.864.9205
Editor’s note Stephen J.Ware, professor of law, was inadvertently omitted from the Campanile Club section of the FY2008 donor report in the Fall 2008 KU Law Magazine.
Moot court finalists impress judges
Professor helps launch free legal research tool
34 Against all odds Native American woman’s battle to save ancestral burial ground inspires KU law alumna, filmmaker 38 Song for a trailblazer Memoir recounts black graduate’s historic ascent in law, politics 40
Contributors Rob Glicksman John Head Sandy Patti Todd Rogers Noelle Uhler Photos Randy Edmonds Chuck France David McKinney Mindie Paget Steve Puppe University Archives
Judge launches advocacy center lecture series
Class of 1978 reunites
DEPARTMENTS 8 News Briefs 19
Career Services Update
20 International Law Briefs
21 International Law Corner Reflections on the rule of law in today’s China 26 Faculty Notes 42 Alumni Notes 44 Meet the Editor 48 Volunteer Honor Roll 53 Alumni Relations Update 54 The Way We Were 55 In Memoriam
KU LAW MAGAZINE 1
Go West BY MINDIE PAGET
Alumni spread legal roots in rural Kansas
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xactly 178 miles separate the West Lawrence exit on the Kansas Turnpike from the Casey’s General Store on the eastern edge of Beloit. Jim Johnson knows because he has tracked the route on his odometer during countless trips between his hometown and the home of his legal alma mater. He can drive it in two and a half hours. “I would say when I went to law school I probably didn’t particularly plan on being back in Beloit,” says Johnson, a 2003 graduate and partner at Frasier & Johnson. “I knew I wanted to do a small-town practice. We wanted to raise our family in a small town. But we enjoyed Lawrence an awful lot. It was not an easy decision for us to come back.” But it has been an easy decision to stay. Johnson coaches his daughter’s basketball team, serves on the board of the local technical college and is involved in the Catholic church. He spends a lot of time with his wife and three children. All while putting in 50 to 55 hours a week at the office. On most days, Johnson feels like he has achieved the elusive work-life balance that so many attorneys crave. He and other recent KU Law alumni who have established practices in western Kansas credit location for that luxury. “The perception of a lot of the big firms in Kansas City, Dallas, Chicago is you’re at the office 80, 90 hours a week as a new associate,” says Christopher Shepherd, L’07, an associate at Watkins Calcara in Great Bend. “If you’re at the office that much, I don’t see what it matters where you live. You’re not doing anything else. You’re going to work and going home and sleeping for a few hours – then getting up and going back to work.” Undoubtedly, the majority of KU Law graduates who live in the Sunflower State work in Lawrence, Kansas City, Topeka and Wichita. But a fair number heed 19th-century journalist Horace Greeley’s advice to “Go west.” They work in small law firms. They serve as county attorneys and judges. And there is great need for their expertise. The January issue of the Journal of the Kansas Bar Association reported on the absence of lawyers in rural Kansas. Chautauqua County lost its only practicing attorney to the bench when Gary House was sworn in as a judge for the 14th Judicial District. Sen. Derek Schmidt (R-Independence) notes in the article that “the shortage of lawyers in parts of rural Kansas is less well-known than the shortage of other professionals.” “Most of the headlines are about a lack of doctors, nurses or pharmacists,” he writes. “But the lawyers are missing, too.”
Jim Johnson, L’03, and Katie Cheney, L’08, grew up in Beloit, Kan., and each decided to return home to practice law after graduation. They have enjoyed working closely with their clients, whom they often know personally, and getting to experience a wide range of practice areas.
The people’s lawyer
Schmidt goes on to point out that smalltown lawyers are often pillars of the community who help people solve the problems of their daily lives. “Small-town lawyering remains much more of a people-based profession and less of a cerebral exercise,” he writes. “Small-town lawyers really are trusted counselors right from day one.” That’s what attracted Katie Cheney to Beloit. “I knew I wanted to help people more on a one-on-one basis,” says Cheney, L’08, who joined Frasier &
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Johnson in December 2008 after interning there the previous two summers. With Cheney’s hire, the firm expanded to three attorneys. “I enjoy helping people with their personal issues and working on domestic cases, and I like doing it here in a small town where I know people.” It helped that Cheney grew up in Beloit, a community of roughly 3,600 people about an hour northwest of Salina. She wanted her two children to be able to see their grandparents every day. It has not been uncommon since she and her husband returned for
people to stop them in public and thank them for coming home. “I think people appreciate when they see younger families moving in,” Cheney says. “They really recognize that that’s a way to keep the community going.” The lack of anonymity in the smalltown setting can be a blessing and a curse. When everyone knows you – and knows you’re a lawyer – there is no shortage of opportunities to pick up new clients. However, clients also might feel comfortable approaching you at the high school football game on
Friday night and discussing their case for half an hour. “I don’t particularly have a problem with that,” Johnson says, “but a) I have to remember it and make sure I deal with it when I get back to the office, and b) there are certain times when I just want to sit down and watch the football game.”
Hit the ground running It’s no secret that lawyers don’t make as much money in small towns as they would at larger firms in larger cities. But the cost of living is less in smaller communities, and working professionals can save money for the future, Christopher Shepard says. Advancement tends to come quicker, too. Shepard knew that he was interested in litigation, and his first-year mentor in law school advised him that if he wanted to get hands-on experience right away, a small-practice setting would provide his best chance. “Within two weeks of working here, I was already writing my first summary judgment motion and making appearances in court,” says Shepard, who is one of nine attorneys and four KU Law alumni at Watkins Calcara. “I’ve done a ton of depositions and am managing cases on my own – something that there’s no way, at a year and a half, I’d have the opportunity to do at a firm of 80-plus.” Similarly, a case that Johnson handled in Beloit during his second or third year out of law school was appealed to the Kansas Court of Appeals. He argued before the court, which published an opinion in the case. “People gave me a lot of static about that – that it was my second or third year in practice and I had a published opinion,” he says. “Of course, a lot of them had not had that opportunity yet.” When a young associate is entrusted
with those responsibilities, Shepard says, the path to partnership clears more rapidly. Johnson worked at Frasier & Steier just one year before Guy Steier left to become a magistrate judge and Johnson’s name joined Curt Frasier’s on the company letterhead.
‘A little bit of everything’ Small-town practice is general by nature. Charles Peckham, L’79, a partner – and the one and only attorney – at Brown, Creighton & Peckham in Atwood, does “a little bit of everything.” “We do quite a bit of probate, some criminal defense, contracts, real estate law, lot of things that are farm related,” he says. “We also do a couple hundred tax returns a year. Traditionally, attorneys along Highway 36 have done tax returns, and we still do them. It’s a good way of keeping up with our clients.”
The variety keeps the practice of law interesting, he says. Although most lawyers in such an environment are not true specialists, the best develop competencies in many practice areas. “For instance, knowledge of tax law is quite useful in divorce proceedings because it may save you from making some bad mistakes that could be costly to your client,” Peckham says. Despite his location, Shepard says he practices the same kind of law as his peers in larger settings. “If you’re doing an estate, there might be a different type of asset. They may have a family farm that they’re looking to protect as well as their other assets, versus a family interest in a restaurant chain in a big city. But other than that it’s the same types of things for generally the same types of clients,” Shepard says.
Lindsay and Christopher Shepard graduated in May 2007 and started that summer as associates at Watkins Calcara in Great Bend. “We value living in a smaller community, raising our children here and being able to enjoy life as well as our profession,” Lindsay Shepard says.
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81 24 70
HOVER over Atwood, Beloit
and Great Bend to see photos of the featured lawyers’ towns
“But the expectations of those clients – because they value having conversations with people and living a little bit easier pace of life – there’s not a pressure on you to produce in an instant.”
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At the end of the day, it’s all about what you value, says Lindsay Shepard, L’07, wife of Christopher Shepard and an associate at Watkins Calcara. She works exclusively with Sunflower Electric Power Corp. and has been involved in the litigation surrounding the company’s proposed coal-fired power plants. “We value living in a smaller community, raising our children here and being able to enjoy life as well as our profession,” she says. When the Shepards arrived in Great Bend, they joined a Chamber of Com-
KU Campus Lawrence
Charles Peckham, L’79, Atwood, and his wife join their son on basketball senior night at Rawlins County High School. merce group for young professionals and were surprised to meet many young doctors, bankers and other professionals close to their age. In communities smaller than Great Bend, which is home to more than 15,000 people, civic organizations such as the Rotary Club can ease the transition into a new practice.
That’s how Peckham got acclimated after moving to Atwood from Washington, D.C., where he had worked for four years at the Department of Agriculture. Within a year of his first Rotary meeting in 1983, the Wellsville native had a house, a wife and a thriving legal practice. Now his daughter is finishing her master’s degree, and his son will graduate this spring from Rawlins County High School. His children had opportunities in the town of 1,200 – situated 15 miles from Nebraska and 50 miles from Colorado – that they might not have had in larger school districts, he says, because they excelled amid less competition and had a chance to try many activities. He also didn’t have to worry about their safety when he sent them down the street to see a movie.
Christopher and Lindsay Shepard don’t yet have children, but when they do they want to coach their sports teams and be involved in their schools. “Having two attorneys in the family, if we were both working at a megafirm – or even at a midsize firm in a bigger town – the demands of the job would preclude us from both being able to be involved in our kids’ lives to the extent that we can here,” Christopher Shepard says.
Rural opportunities Sen. Derek Schmidt ends his KBA journal article with a sales pitch for small-town lawyering. “There’s opportunity out on the rural frontier for recent law school graduates and for midcareer professionals looking for a change,” he writes. In this economy, Peckham thinks more law students should consider practicing in small communities. He admits it’s not for everyone. There’s no dry cleaner in Atwood, for example. Residents take their clothing to the grocery store, which sends jobs to Hays and gets them back a few days later. But the Internet makes shopping and tapping into state library resources possible, and it’s only a few hours to Hays and a few more to Denver. “If family is important and they’re willing to get involved in the community and strike out on their own, they might want to look at some of the small towns in southeastern and northeastern Kansas and the west,” he says. “There are opportunities out here. They’re going to have to go out and work, be willing to make mistakes. But there’s a lot of room out here for attorneys if what they’re thinking about is becoming part of the community and knowing that they may do more than just be an attorney.”
Scholarship encourages students to practice in small-town Kansas scholarship established by a KU Law alumnus helped lure Katie Cheney home. Established in 2000, the Bremyer Summer Clerk Scholarship Fund provides scholarships for law students who accept and complete summer internships with law firms in small Kansas towns. Cheney, L’08, received the scholarship two summers in a row while clerking at Frasier & Johnson in her hometown of Beloit. “Until the clerkship, I had no idea how many different areas of law a ‘small-town attorney’ really deals with on a daily basis,” she says. “I was surprised and excited because I knew I wanted to work in a general practice firm and work on many different types of cases.” Todd Rogers, assistant dean for career services, says his office encourages students to think about a Bremyer-eligible summer clerkship through an annual panel discussion, the involvement of attorneys from western Kansas in events like Legal Career Options Days, and a steady stream of e-mails from December to the end of the academic year. “If a student is from western Kansas, the likelihood that they’ll be interested in clerking there over the summer is greatly enhanced,” he says. John Bremyer attended KU until 1942, when he was com-
missioned as ensign in the U.S. Navy. He served at sea, then with the chief of naval operations, and finally as officer-in-charge of the Officer Courier Service in Washington, D.C., until discharged as lieutenant. He returned to KU, finishing his law degree in July 1946. He practiced law in his hometown of McPherson with Bremyer & Wise until retiring. Bremyer died in 2008. His scholarship program has provided summer funding for more than 30 students – awarding more than $108,000 – since its inception. “I think the Bremyer program is an excellent program for law students,” Cheney says. “I believe I learned more and probably saw more court time than some of my classmates who took a research job during the summer. I did my fair share of research and briefs, but was also able to see a lot of different types of cases. “I have encouraged and will continue to encourage current law students to consider the program. It was a great learning experience and helped me land a job after law school.”
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green hall news Alumni ‘Return to Green’ for spring 2009 CLE A KU Law alumnus with unique insight into the financial crisis presented the lunch address at the second annual “Return to Green” CLE. Terry Matlack, L’82, managing director and CFO of Tortoise Capital Advisors, provided a history of his Overland Parkbased company, which manages four New York Stock Exchange publicly traded funds. In “Lessons from the Financial Market VIEW Meltdown,” Matlack said a photo early signs of a turnaround gallery were reason to be hopeful. from the About 120 KU Law event alumni learned about a variety of issues they might encounter as practicing attorneys during the CLE. The program, on April 3 at Green Hall, included the following presentations: n “Recent Kansas and Missouri Decisions” by the Hon. Michael Buser, L’77, Kansas Court of Appeals; and the Hon. Thomas Clark, L’64, circuit court judge, Missouri. n “Employment Law Update,” by Shelly L. Freeman, L’88, of counsel, Lathrop & Gage, Kansas City, Mo. n “Intellectual Property Overview” by Lana Knedlik, L’96, partner, Stinson Morrison Hecker, Kansas City, Mo. n “Protecting Attorney-Client Privilege,” by Kelly Campbell, L’92, partner, Spencer Fane Britt & Browne, Kansas City, Mo. n “The Best of Ethics for Good” by the Hon. Steve Leben, L’82, Kansas Court of Appeals; Stan Davis, L’82, partner, Shook, Hardy & Bacon, Kansas City, Mo.; and Mark Hinderks, L’82, partner, Stinson Morrison Hecker, Kansas City, Mo. Participants were eligible to earn up to five hours of CLE credit in Kansas and Missouri, including two hours of ethics.
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Patrice Kunesh, University of South Dakota School of Law, speaks during the conference.
Tribal Law conference casts eye on future of indigenous policy making Most people think of Indian treaty making as a convention of the past, but a leading tribal scholar made a case for its resurgence during the 13th annual Tribal Law and Government Conference Feb. 13 at the University of Kansas School of Law. Robert Clinton, Foundation Professor of Law at the Arizona State University Sandra Day O’Connor College of Law, presented “The Return of Indian Treaty Making” during the event. His presentation was part of a lineup that represented a forward-focused view of tribal law and governance. About 85 people attended the conference, from KU and Haskell Indian Nations University students to the practicing bar to professors from other institutions. “The topics presented, although diverse in subject matter, built well upon one another, providing a complex observation of the difficulties faced by tribal governments,” said Stacy Leeds, professor of law and director of the Tribal Law & Government Center. “The speakers offered creative and sometimes controversial solutions to tribal governance issues such as citizenship, cross-governmental com-
WATCH video of each presenter by hovering over their names (in blue) pacts and agreements, and expanding tribal economies.” In addition to Clinton, who is chief justice of the Winnebago Supreme Court and associate justice of other tribal courts, conference presenters included: n Patrice Kunesh, University of South Dakota School of Law, “Tribal Self-Determination in the Age of Scarcity” n Aliza Organick, Washburn University School of Law, “Teaching Culture in the Classroom: Tribal Law and Best Practices in Legal Education” n Steve Russell, Indiana University, “Sequoyah Rising: Doing What We Can with What We’ve Got” n Christine Zuni-Cruz, University of New Mexico School of Law, “‘Who are You?’ Indigenous Identity and the Lines of Tribe” n Jeff Corntassel, University of Victoria School of Law, “Indigenous Governance Amidst the Forced Federalism Era”
Professor, artist opines on intersection of law, creative process Lawyers could take a lesson from artists when it comes to trusting the process they use to achieve results. That was one message from Professor Sandra Craig McKenzie during her address, “What Lawyers Can Learn from Artists,” at the 8th annual Paul E. Wilson Friends of the Wheat Law Library Lecture and Luncheon on April 8. McKenzie, who joined the law faculty in 1979, is herself an artist. She works primarily with bright, McKenzie intense acrylics and paints “in the spirit of mindfulness,” with her attention focused on the brush as it spreads paint on the paper. “I do not work from a painting or plan, but simply paint whatever asks to be painted,” McKenzie reveals on her Web site. “Thus, I am both participant and observer as the painting unfolds.” McKenzie showed examples of her art during the lecture, then connected her creative process to the work that lawyers do. She noted that students in her Alterna-
Sandra Craig McKenzie’s “My Way,” acrylic on vellum paper, was among the works the artist and professor discussed during the Paul E.Wilson Friends of the Wheat Law Library Lecture and Luncheon on April 8. She spoke about “What Lawyers Can Learn from Artists.”
CLICK here to view more of Sandra Craig McKenzie’s artwork tive Dispute Resolution courses are often frustrated by the notion that there is no guaranteed result in mediation, for example. “All we can guarantee our clients is that we’ll do the best we can and pick the process that makes the most sense,” McKenzie said. She also analogized her use of mixed
media to create art books to what she sees as a growing need for lawyers to be less specialized and more holistic. This is true in the practice of elder law, for instance, where attorneys need experience in many areas to best serve their clients About 40 guests attended the event, including its namesake’s widow, Harriet Wilson. Professor Paul Wilson was an ardent supporter of the law library and an expert in legal history. The library honors his memory each April by hosting a lecture on legal history, law books or law libraries.
Former solicitor general outlines roles of office Paul Clement, the 43rd solicitor general of the United States, gave a KU Law audience a behind-the-scenes look at the workings of the office that he oversaw from June 2005 to June 2008 during a talk on March 2 at Green Hall. Clement, a guest of the KU Federalist Society, explained the detailed process the solicitor general’s office follows to determine which adverse decisions affecting the federal government in the courts of appeals will be taken to the Supreme Court. In the majority of cases, when the general counsel of a government agency wants to appeal a decision, Clement said, the solicitor
general’s office turns down the case. “In most cases the SG’s office has a lot of flexibility to make the judgment that they feel best about the long-term Clement litigation interests of the federal government,” he said. “Because we have this internal process and are very selective … the SG’s office gets something like 75 percent or 80 percent of its cases granted.” That’s compared to less than 1 per-
cent among litigators in general, he added. The average assistant in the solicitor general’s office will argue two or three cases in the Supreme Court each term, Clement said, which is what draws many successful attorneys to the job. “I think that it’s a particularly great honor to walk into the Supreme Court of the United States and argue a case on behalf of the United States of America,” he said.
LISTEN to a podcast of Paul Clement’s talk at Green Hall
KU LAW MAGAZINE 9
green hall news
Guardian angels Law students help families take crucial steps to protect their children
BY MINDIE PAGET
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anner Ornelas will turn 17 this summer, but he still needs help taking a shower. The Wichita boy has severe autism coupled with some mental retardation and requires almost constant care. He attends school but does not speak. It’s no secret that when he turns 18 next July, he won’t suddenly be able to move out and manage his own affairs. “We just assumed that we’d always be taking care of him,” said Tanner’s great-grandmother, Pat Dorr. “We never thought about the fact that when he turned 18 we could no longer say, ‘You’re going to do this.’” Yet that’s exactly what would have happened if Tanner’s family had not taken the proper legal steps and formed a guardianship. With help from a group of KU Law students and a coalition of Wichita organizations and individuals, Dorr and her granddaughter, Patti McGee, Tanner’s mother, obtained a co-guardianship this spring that will allow them to make crucial decisions about Tanner’s health care, finances, education and other matters after he reaches adulthood. “We have been so thankful for the help that we’ve received in getting this taken care of,” Dorr said. “It could have just slipped up on us if we hadn’t had any help on it. It will be such a comfort to know that we’ve got this taken care of and won’t run into any problems down the line.” Since the summer of 2006, KU Law students have been learning first hand about this critical legal tool through the pro bono Guardianship Assistance Program (GAP), in which they help create guardianships for Wichita-area families. The program is a partnership between The Arc of Sedgwick County, the Wichita Bar Association, the law firm of Hinkle Elkouri, the 18th Judicial District Court and Wichita financial planner Marti Johnson. Referrals come directly from case managers at The Arc, which serves people with developmental disabilities. The program has been growing steadily, and last fall, with second-year law student Ben Miller-Coleman as its president, the Public Interest Law Society (PILS) adopted it as a group project. Ten student volunteers worked on two or three guardianships each. All told, the program has helped 60 families and donated more than $100,000 in legal services.
“If you have first-hand contact with these families that it’s helped, it’s huge in their world,” Johnson said. “The process is complex, to say the least, and expensive. If you go through a private law firm, it’s a couple thousand dollars. These families don’t have a couple thousand dollars to drop on this.” The students conduct interviews, gather data and help prepare initial drafts of pleadings. Consequently, they interact closely with the people whom their work will benefit. “I really enjoyed meeting the clients and their families,” said Julie Larson, a May 2009 graduate who worked on three cases. “Their love and self-sacrifice for one another made a deep impression on me. Obtaining guardianships for their loved ones gave them peace of mind and seemed to assuage some of their worries. It was really moving to see how grateful they were.” Johnson and Hugh Gill, L’95, a partner at Hinkle Elkouri, started the initiative because they both do estate and trust work and recognized a need among their clients. They are not aware of a similar program anywhere else in the country. “Family members of someone with an impairment need legal and financial advice tailored to their situation. It can be a challenge for these families, especially if there are few financial resources,” Gill said. “It is rewarding to help disabled clients and their families make the legal process seem less formidable.” Kevin Fish, executive director of The Arc, said guardianships are an important way for his agency to help families be good care givers. “We have seen the clients we serve end up in debt or in legal trouble, and there was nothing we could do to stop it,” he said. “We can educate families on the importance of legal protection, but it is up to the family to get it done. For some families, the cost is often too much and/or the process is so intimidating that they are afraid to even begin. “Through our collaboration with KU, the Guardianship Assistance Program gives families the support needed to navigate the system at a price they can afford – taking away the two biggest barriers to families.” The agency presented PILS with the Arc Community Connection Award in May to recognize its contributions to the program. Judge Richard Ballinger has bent over backwards to help with the project, Johnson said, clearing a docket for the local attorneys who handle the filings and moving a large group of guardianships through in a single day. Ballinger then issues legal documents to the guardians, allowing them to act on behalf of their relatives. The project focuses on uncontested guardianships, help-
Pat Dorr, left, and her granddaughter, Patti McGee, obtained a co-guardianship that will allow them to make crucial decisions about health care, finances and education for McGee’s son,Tanner Ornelas, center, who has autism and will turn 18 next summer.
Lending a hand Ten KU Law students in the Public Interest Law Society volunteered to create guardianships through the Guardianship Assistance Program in Sedgwick County: Ben Miller-Coleman Brendan Fletcher Nancy Hudson Ellen Jensby Julie Larson
Maria Neal Grant Reichert Jonathan Rupp Sara Schwermer Brett Sweeney
ing clear the backlog so families can get the help they need and Kansas Legal Services can wrangle with more complicated cases. Given the program’s success, Johnson hopes to replicate its good results at another Wichita nonprofit. And PILS hopes to continue filling the GAP with eager law students ready to make a difference for families in need. “The project was very eye-opening,” said Miller-Coleman, who worked with adults with developmental disabilities before entering law school. “The most surprising thing to me is the demand and the help families need with guardianships. When you live in the bubble of the law school, people with developmental disabilities are not in the front of your mind. You are with a very able-bodied group of people and that becomes ‘normal’ for you. It is very worthwhile to be reminded of the variety of human experience that exists in the world. “It is exciting to use our legal knowledge for social justice issues and to make people’s lives easier.”
KU LAW MAGAZINE 11
green hall news
Clockwise from top left: Josh Arce, L’05, speaks with guests at the banquet; law students Megan McGinnis, Elena Delkhah, Aderonke Mercer and Sibyl Wong socialize before dinner; law students Tracie Revis, left, president of the Native American Law Students Association, and Marchant Martinelli, right, NALSA vice president, present keynote speaker Sarah Deer, L’99, with a native blanket as a gift for headlining the event.
Advisory council to support law school’s diversity efforts The University of Kansas School of Law has been open to anyone – regardless of gender or ethnicity – since it opened its doors in 1878. Despite that proud history, there is still work to be done. With that in mind, Dean Gail Agrawal has formed a
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Diversity Advisory Council. Its members are culturally diverse and accomplished KU law alumni who have agreed to share their wisdom and experience. They will serve as a resource in the recruitment and retention of students from groups
that are under-represented in law school classrooms, among the practicing Bar and on the Bench. They will also mentor and advise current law students. CLICK here to meet the council members and learn more about their mission.
Diversity in Law Banquet draws
record crowd, donations was a record-setting year for the Diversity in Law Banquet. More than 200 people attended the annual event that celebrates diversity at the University of Kansas School of Law and in the legal profession. Nineteen law firms, legal organizations and bar associations served as sponsors for the evening of cocktails, dinner, conversation and networking. All told, the March 6 festivities raised more than $6,300 for the school’s Diversity Scholarship Fund. “I was pleased with this year’s banquet turnout. It will go a long way toward supporting diversity in the classroom,” said Tracie Revis, president of the Native American Law Students Association, which hosted this year’s banquet. “More than anything, I was impressed by the support of all the student organizations, the faculty and staff, and the community. Diversity is not just color or gender; it’s the people who represent the diversity that make the difference. I think it exemplifies the type of impact that can be made when we all come together and support each other.” Keynote speaker Sarah Deer, L’99, a visiting professor at William Mitchell College of Law, attempted to gauge the pulse of the nation’s legal system on the issue of diversity. She highlighted two recent Supreme Court cases that deal with the question of whether diversity is a compelling state interest: Grutter v. Bollinger (2003) and Parents Involved in Community Schools v. Seattle School District No. 1 (2007). She noted that the Grutter opinion, written by Justice Sandra Day O’Connor and affirming the constitu-
tionality of race-conscious admissions standards, includes positive language about the inherent value of diversity. “Access to legal education (and thus the legal profession) must be inclusive of talented and qualified individuals of every race and ethnicity, so that all members of our heterogeneous society may participate in the educational institutions that provide the training VIEW and education necessary a photo to succeed in America,” gallery O’Connor wrote. from the “Effective participaevent tion by members of all racial and ethnic groups in the civic life of our nation is essential if the dream of one nation, indivisible, is to be realized.” O’Connor goes on to suggest, however, that the kind of admissions standards used at the University of Michigan School of Law to ensure a diverse student body won’t be necessary by the year 2028. “Is this because diversity is only important in certain time frames or until certain milestones are met?” Deer asked. “Because for me the inherent value of diversity is timeless.” The court’s ruling in the Seattle case, which deems unconstitutional a method of creating diversity in the public school system, does not specifically overturn the Grutter decision. But it does seem to indicate that the current court looks more skeptically at methodology used to achieve diversity, Deer said, and that it’s moving in a more “color blind” direction.
Justice Anthony Kennedy wrote in his concurring opinion, “The enduring hope is that race should not matter; the reality is that too often it does.” “But my question in thinking about that statement is: Is the hope really that race should not matter?” Deer asked. “Because if diversity is inherently a good thing that enhances education and makes the world a better place, then what good comes from neutralizing it?” Deer encouraged law students especially to study carefully the words of their leaders on the value of diversity and to define it for themselves in order to pursue it effectively. “I do believe that as the legal profession we have the capacity to promote and support diversity within the profession,” she said, “even if it’s not a law or official policy.” Deer, a member of the Muscogee (Creek) Nation, has accepted a tenuretrack position and will join the William Mitchell law faculty in the fall. She will be the seventh female law professor in the United States who is also a citizen of a federally recognized Indian tribe. Below: Jehan Kamil, L’05, left, and her date catch up with Shaye Downing, L’05, before the banquet.
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green hall news
Judge launches lecture series with advice for advocates
BY MINDIE PAGET
circuit court judge chronicled the development of Henry then focused in on Aristotle’s three components advocacy from Aristotle’s Greece to the modern of successful persuasion: the ability to instantly develop American courtroom in January when he launched character and create trust and belief with the audience; the the lecture series associated with the law school’s newest ability to convince the audience of a viewpoint by playing intellectual center. to their emotions and dispositions; and the ability to make Fortunately for the current and future advocates in the a logical argument. audience, he also illuminated the high points along the way. Like it or not, he said, character and argument are inter The Hon. Robert Henry, chief judge of the U.S. Court of twined. Appeals for the 10th Circuit, delivered the first Shook, Hardy “While a judge may not consciously judge the value of a & Bacon Center for Excelbrief based on the character of lence in Advocacy Annual the lawyer, if a lawyer throws Lecture on Jan. 29 at the Dole in 10 meritless arguments and WATCH video of Judge Henry’s speech Institute of Politics. More buries a good one in the midat the Dole Institute of Politics than 60 students, faculty, dle, a judge is less inclined to alumni, judges and firm lawbelieve the good one,” Henry yers attended the talk, titled said. “And he’s also inclined “Overcoming Advocacy.” to doubt the goodness and Henry commended fair-mindedness of the adDean Agrawal, the school vocate. An advocate who is and the firm for starting caught playing fast and loose the center, which aims to with the record should not enhance the learning experibe surprised to find the court ence of students who aspire questioning his argument, to be trial lawyers. regardless of the merits. The art of professional “Likewise, a frank but legal advocacy is virtually appropriate concession or synonymous with what Arproviding the court with istotle called the art of rhetoauthority contrary to your ric, Henry contended, noting position – and attempting to The Hon. Robert Henry, chief judge of the U.S. Court of Appeals for the that the philosopher was the distinguish it fairly – enhanc10th Circuit, delivered the inaugural Shook, Hardy & Bacon Center for first thinker to advance the es reputation.” Excellence in Advocacy Annual Lecture on Jan. 29. Right: Judge Henry simple idea of tailoring an Although Aristotle was not speaks with Kit Smith, L’72, right, after the lecture. argument to the knowledge referring to reputation when and values of the audience. he talked about character, It seems obvious, Henry said, but is it? the reputation of a legal advocate is important, Henry said, “One of the greatest mistakes I see in appellate advocacy especially because future advocates are watching. comes from confusion of this very point,” he said. “Who is the Henry cited several influential studies that found law audience for your appellate brief? It’s not the jury; you won students in practice settings were exposed to far too many or lost that one below. It’s not the client or even the senior instances of flagrant professional misconduct, such as partner; they are already convinced that you’re right. It’s a breaches of confidentiality, excessive fees and destruction judge, and a very busy one with lots of work and lots on her of evidence. mind and a crushing need to get a lot of opinions out. And “The academy has the capacity to be an invaluable liaison you need to craft your advocacy accordingly.” between advocates and their primary audience: judges,” he
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THE CENTER The Shook, Hardy & Bacon Center for Excellence in Advocacy capitalizes on its namesake’s distinguished history in litigation to cultivate a new generation of trial lawyers. The center’s inaugural lecture was in memory of Larry O’Neal, a KU law alumnus and former SHB partner who passed away in 2007 after a long battle with cancer. Matthew Keenan, L’84, Photos by University Relations
said. “What better way for these three groups to teach and to learn from each other than through a center like the Shook, Hardy & Bacon Center for Advocacy? “This fine law school is fortunate to dedicate this endeavor today and to serve not only as an ivory tower but as an ivory bridge. And this bridge, I am sure, will develop that advocacy which overcomes.”
a partner at the firm, gave a dedication speech in honor of O’Neal before the lecture.
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green hall news
Left: Shon Qualseth, L’97, a partner at the Lawrence law firm of Thompson Ramsdell & Qualseth, seated at head of table, instructs students in the art of taking and defending depositions. Above:Third-year law student Monika Groom, left, practices taking a deposition as Karen Collier looks on.
Law students learn trial skills during intensive deposition workshop
aren Collier figures it’s far better to stumble over legal procedure and technique in a hypothetical environment than to make mistakes when a real client’s future is on the line. So although her experience in the University of Kansas School of Law’s first deposition skills workshop proved nerve-wracking, Collier appreciated the practice. “Depositions in the real world are going to be intense, and this workshop was supposed to mimic what we may encounter as attorneys,” said Collier, a third-year law student. “Even if I never wind up doing a deposition, the poise and focus you must maintain during a deposition transfer to many different types of communication attorneys face in their careers.” Collier joined 17 other students in the workshop, which ran Jan. 11-14.
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The two-credit-hour course focused on taking and defending depositions, or witness testimony given under oath and recorded for later use in court. The law school has never offered an intersession course that covered practical skills, said Suzanne Valdez, clinical associate professor of law and workshop administrator. “Research shows that to effectively learn practical skills, it is most beneficial for the student to learn in an intensive simulated environment where the student can have repetitive exposure and practice with the skill,” she said. “We saw our students evolve from true novices to well-skilled deposition takers.” The students spent the first day in the classroom, learning substantive rules and procedures related to discovery depositions from lead instructor Stan Davis, a former KU Law faculty
member and partner at Shook, Hardy & Bacon. Then they put their knowledge to work. Students spent the next two and a half days in workshops, learning and practicing the art of taking and defending depositions. Each student participated in 10 workshops, taking and defending a total of 10 mini depositions. Students expressed strong interest in the course, Valdez said. Approximately 75 third-year students submitted a lottery form for 18 spots. “This level of interest shows that practical skills courses are in high student demand,” Valdez said. The students were divided into groups of six, and two practicing attorneys worked with each group, rotating over the course of the workshop so that each student learned and got feedback from six different lawyers. Shon Qualseth, a partner at the
Lawrence law firm of Thompson Ramsdell & Qualseth and a 1997 KU Law graduate, said the deposition skills and concepts he taught KU students during the workshop were the same ones he and his law partners taught associates at the firm. “Like anything, practice makes perfect,” he said. “The students in the workshop crammed a lot of practice SEPT into a short time. When the time comes for them to take or defend their first depositions, they will already have a lot of practice under their belts.” “By the third day, the students had become comfortable enough with the basics that they could focus on themes and fleshing out in-depth information from the witnesses,” Qualseth said. “A lot of the instruction on the third day involved very nuanced aspects of a deposition – nuances that are only possible if there is a mastery of basic skills and a level of confidence.” In addition to Davis, Qualseth and Valdez, the following attorneys helped teach the course: n Ron Bodinson, L’73, a partner at Shook, Hardy & Bacon n Chuck Marvine, L’96, chief trial attorney for the Commodity Futures Trading Commission Division of Enforcement n Joyce Rosenberg, L’96, Lawyering instructor at KU Law and experienced litigator with three Kansas City law firms Despite the nerves involved, Collier said that she and her classmates had fun learning from experienced attorneys in a practical setting that SEPT remained relaxed enough for occasional laughter. “I think more KU Law courses should be offered like this,” Collier said. “It really gives students a chance to focus solely on one topic at a time, which I found refreshing and effective.”
Geneticist probes power, problems of DNA technologies at biolaw symposium Princeton University geneticist Lee Silver predicts there will come a time when parents use DNA technologies to ensure that their children are resistant to cancer and have artistic aptitude. Silver presented the keynote address at the Kansas Journal of Law and Public Policy symposium. During Biolaw 2.0: Law at the Frontiers of Biology, Nov. 13-14, 2008, Silver and other distinguished scholars shared cutting-edge research on the intersections of law and science, morality and health, religion and progress.
WATCH video of geneticist Lee Silver’s keynote address at the 2008 Kansas Journal of Law and Public Policy symposium
Judge discusses environmental protection at the U.S. Court of International Trade Russell native Judith M. Barzilay, a judge on the U.S. Court of International Trade, explained to an audience at the law school how environmental protection cases end up at the court, which only handles cases that involve imports to the United States. Barzilay visited Green Hall on March 31, giving a guest lecture to students in Raj Bhala’s Advanced International Trade Law class before delivering her public address, “Environmental Protection at the U.S. Court of International Trade: Walking the Tightrope between Protecting the Environment and Complying with our International Agreements.” This was Barzilay’s second visit to the law school in two years. Devin Sikes, L’08, is clerking with Barzilay at the court.
LISTEN to a podcast of Judge Judith Barzilay’s lecture on “Environmental Protection at the U.S. Court of International Trade”
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green hall news
From left, Judges Henry Green, Patrick McAnany and Michael Buser declared Bonnie Boryca best oral advocate in the moot court finals.
Judges impressed by students’ knowledge, agility during moot court finals
hree Kansas Court of Appeals judges named second-year law student Bonnie Boryca best oral advocate following an hour-long final round in KU Law’s 2009 Moot Court Competition. Boryca joined partner Stephanie Lovett and fellow finalists Ryan Schletzbaum and Andrea Morrow in presenting oral arguments on April 7 before Judges Michael B. Buser, Henry W. Green Jr. and Patrick D. McAnany. The four competitors emerged from a field of 56 second-year law students who wrote appellate briefs and presented oral arguments during preliminary rounds. Boryca represented the respondent, the fictional city of San Teresa, which was charged in federal district court with violating the Individuals with Disabilities Education Act by denying the parents of a disabled student private school tuition reimbursement because their son had not previously attended a public school in the district. She argued that her client acted in accordance with the plain meaning of the statute, which Congress intended to limit reimbursement to only those parents of children who had previously enrolled their children in public school. Morrow represented the petitioner. This case was consolidated with a second case involving San Teresa’s denial of a zoning permit to a religious private school that wished to expand its facilities but had recently received negative media attention over allegations that the principal had sexually abused a student. Schletzbaum
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represented the school; Lovett represented the city. The judges leveled a steady stream of questions at the finalists during their arguments and were impressed by the students’ ability to think on their feet. “We fit the model of the typical appellate or trial judge you are going to face: a judge who has no idea what you’re talking about and WATCH video probably has only briefly of the moot court scanned your motion or final round brief, and who is going to come at you from left field with a bunch of goofy questions that don’t fit the facts of your case or the applicable law,” McAnany said. “That’s the real challenge of advocacy: being light on your toes and flexible when that happens.” The panel declared Schletzbaum and Morrow the winning team. Moot court participants Shane McCall and Grant Reichert received the award for best brief, and Lovett and Boryca were recognized for writing the second-best brief. All awards were handed out under the auspices of the Robert C. Foulston and George Siefkin Prizes for Excellence in Appellate Advocacy, sponsored by the Wichita law firm whose namesakes distinguished themselves in the field. “We see all levels of advocacy in the Court of Appeals,” McAnany said at the end of this year’s final round, “and you all rank right up there with the highest level of professional performance that we see.”
Students depend on alumni in turbulent economy
he employment statistics for the KU Law class of 2007 that appeared in last month’s US News & World Report annual law school rankings issue are strong. A greater percentage of 2007 graduates reported employment nine months after graduation than any KU Law class since 2000. Nine months after graduation, 95.5 percent of graduates were employed, while 67.1 percent reported employment at graduation. We recently submitted our class of 2008 employment statistics to the National Association for Law Placement. Utilizing the US News & World Report methodology, 68.5 percent of the KU Law class of 2008 was employed at graduation, and 93.6 SEPT percent of students were employed within nine months of graduation. The two percentage point decline in our “nine-month” figure from 2007 to 2008 reflects the global slowdown in legal hiring. Current students, recent graduates and more experienced alumni have all been noticeably more active in seeking out our office’s counseling services and networking opportunities. We are working hard to ensure that the class of 2009 achieves placement success in a challenging environment. You can help our current students with their job searches in a number of ways, including: (1) alerting us to employment opportunities, and (2) making yourself available as a networking contact. Last summer, the KU Law Office of Career Services upgraded its Web-based method of disseminating job-search information to alumni, students and employers. Students and
Assistant Dean for Career Services alumni access the new Symplicity system through one Web site, while employers enter through another custom Web site. Students post their application materials on Symplicity in response to both job postings and on-campus
In additional to growing our network of participating employers, we have also focused in the last year on expanding our database of alumni contacts who are willing to assist current students. In this turbulent economy, students increasingly look to practicing attorneys for job-hunting advice and leads. To facilitate this process, we encourage you to become a member of our Career Services Alumni Network (CSAN), a group of alumni that our students may contact for information about career planning, particular areas of law or geographic locations. After registering for an alumni account on Symplicity, you can enroll
CLICK HERE here to register for an alumni account on Symplicity or HERE to register for an employer account interview requests. Employers log onto the system to review well-organized packets of cover letters, resumes, transcripts and writing samples. Employers interviewing on campus designate the students they wish to interview, and students schedule interview times online. These convenient, password-protected Web sites have greatly improved our efficiency and made it far easier for students and employers to connect. If you would like to post a job opportunity for KU Law students or graduates, you can register for an employer account by clicking on the link above. We will approve your registration within 24 hours, and you will then be able to post your position. There is no charge for this service.
in CSAN by clicking on “Manage Career Services Alumni Network Profile” under “Quicklinks” and completing the brief form. Only a few fields are required, but we encourage you to complete all of the form’s fields so students can better identify alumni in their chosen practice areas or geographic location. If you enroll, you will not be listed as a prospective employer but rather as a resource for those wanting to learn more about career options in your field. Please take a couple of minutes to submit or update your contact information on Symplicity. By doing so, you demonstrate a meaningful and lasting commitment to maximizing the job placement success of the students of KU Law.
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green hall news
Multilingual brochure touts international Program In recent years, the International and Comparative Law (ICL) Program at the University of Kansas School of Law has expanded dramatically. In an effort to spread the work to a broader audience of prospective students and scholars, the school recently published a multilingual brochure. The piece, thought to be the first of its kind by an American law school, chronicles the major components of the ICL Program in Arabic, Chinese, English and Spanish. It introduces the international and comparative law faculty, describes the Two-Year J.D. and S.J.D. (Doctor of Juridical Science) programs, lists the core curriculum, highlights the school’s study abroad programs, and provides information about the environment beyond Green
CLICK here to browse the multilingual brochure
Hall — at the University of Kansas at large and the greater community of Lawrence, Kan. KU Law’s ICL Program has a long and rich tradition, dating from as early as 1878, when the law school opened its doors, international law was taught, and faculty soon began research in the field. Students Ahmed Alyousef, Maria Salcedo and Saichang Xu, and recent graduates Devin Sikes and Miao Lin assisted with the translation work. Mindie Paget, director of communications and marketing for the law school, designed the brochure.
Symposium examines human rights in shadow of terrorism A group of leading legal scholars and an attorney who has represented Guantanamo Bay detainees offered perspectives on the U.S. military prison, terrorism and criminal prosecutions of terrorists at the University of Kansas School of Law’s second annual Human Rights Symposium. About 80 people attended “National Security and Individual Liberty: Whose Rights at What Cost?” on Feb. 6 at Green Hall. The event was sponsored by the International Law Society, Muslim Law Students Association and Public Interest Law Society. Panelists included: n Douglass Cassel, professor of law at the University of Notre Dame Law School and director of its Center for Civil and Human Rights n Richard Levy, the J.B. Smith Distin guished Professor of Constitutional Law at the KU School of Law n Brent Mickum, an attorney at Spriggs & Hollingsworth in Washington, D.C., who has represented Guantanamo Bay detainees
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Brent Mickum, an attorney with Spriggs & Hollingsworth in Washington, D.C., speaks during the symposium about his experiences representing Guantanamo Bay detainees.
n Jordan Paust, the Mike and Teresa Baker Law Center Professor of International Law at the University of Houston Law Center n Wadie Said, assistant professor of law at the University of South Carolina School of Law who represented one of the defendants in U.S. v. Al-Arian, a complex terrorism conspiracy case
n Christina Wells, the Enoch H. Crowder Professor of Law at the University of Missouri School of Law “It was a great event with a very knowledgeable and diverse group of speakers who offered a variety of perspectives on Guantanamo, terrorism and related issues,” said Dana Watts, outgoing president of the International Law Society.
INTERNATIONAL LAW CORNER
Reflections on the rule of law in today’s China
he year 2009 marks a major anniversary for Chinese law reform. Thirty years ago, in 1979, the People’s Republic of China embarked on a dramatic new phase of legal reform. Having just emerged from a chaotic era ― one might say a tragic era ― in which Mao Zedong had delivered such disasters as the Great Leap Forward and the Cultural Revolution, China and its leaders began charting a dramatically different economic course, which in turn required fundamental changes in the nation’s laws and legal concepts. In this anniversary year, it seems particularly appropriate to reflect on the consequences of that remarkable legal reform campaign. I have examined several such consequences in a recent book titled “China’s Legal Soul” (Carolina Academic Press, 2009). One of the most important issues I raise in that book concerns the rule of law: Can we say that there is, in fact, a “rule of law” in China today? Addressing this question requires us, of course, to consider just what the “rule of law” means. Countless definitions have been proposed, and yet I find many of them provincial in scope, reflecting exclusively Western (especially American) conceptions about law, government and society. In an effort to take a broader cross-cultural view, I would propose this rough-and-ready definition of “rule of law”:
A society may be said to adhere to the rule of law if the rules in its legal system are publicly promulgated, reasonably clear in their formulation, prospective in their effect, reasonably stable over time, reasonably consistent with each other, applicable to all segments of the society (including the government, so as to prevent the government elite from acting arbitrarily), reasonably comprehensive in their coverage of substantive issues facing the society and its people, and reasonably effective, in the sense that the rules are broadly adhered to by the people in the society ― voluntarily by most, and through officially forced compliance where necessary. It should be obvious that my rough-and-ready definition would surely seem overly narrow and simplistic to some observers. For example, my rough-and-ready definition encompasses none of the substantive rights (such as the rights of freedom of expression, freedom of religion, freedom from arbitrary arrest and detention, etc.) that some “rule of law” definitions insist on including. Nor does it refer at all to democratic involvement (or consent or even acquiescence) in establishing the legal rules. Nor does it require a separation of governmental powers into offsetting compartments. In short, the rough-and-ready definition I suggest above is what one observer, UCLA Professor Randall Peerenboom, refers to as a “thin” rule of law. My definition draws on the writings of the famous Harvard legal
By John W. Head
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green hall news
international law corner
John Head takes time out for a photo while visiting the Forbidden City in Beijing. His recent book “China’s Legal Soul” addresses, in part, whether a rule of law exists in China.
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scholar Lon Fuller (especially his 1964 book “The Morality of Law”), and it attempts to identify the bare-bones necessities encompassed in the notion of a “rule of law.” Peerenboom distinguishes a “thin” rule of law concept from a “thick” rule of law concept that has heavy ideological content. For example, the “thick” rule of law concept that most Western (particularly American) scholars, practitioners and policymakers urge is (in Peerenboom’s terminology) the “Liberal Democratic” concept of the rule of law. I believe that illuminating this distinction between “thin” and “thick” rule-of-law concepts allows us to consider more intelligently the central question I posed above: Can we say that there is in fact a “rule of law” in today’s China? My own views on that issue include five key points. First, China does seem to aspire ― as an official policy and constitutional matter, with widespread popular support ― to achieving a “thin” rule of law, under which the country’s legal system would have the sorts of attributes that I have reflected in my rough-and-ready rule-of-law definition. Indeed, the Chinese constitution was amended just 10 years ago to make perfectly clear that China intends to “establish a socialist rule of law
country” (建设社会主义法治国家, jianshe shehui zhuyi fazhi guojia), and the drafting history behind those words reveals that they do include the notion that the law must be applicable to all segments of the society – including the government. Second, the flurry of legal reform undertaken in China in the past three decades has moved the country at breathtaking speed toward meeting that goal of a “thin” rule of law. Hundreds of laws and regulations have been enacted; thousands of courts and other legal institutions have been established; tens of thousands of lawyers have been trained; and throughout the country a consciousness of legal rights has arisen like a tidal wave. Considering the state of Chinese law when such efforts began in 1979, the progress has been scarcely short of miraculous, although shortcomings doubtless remain – as, of course, they do in all countries. Moreover, disagreements exist both within China and outside China as to whether the progress, speedy as it has been, should not be accelerated even more. Third, a “thin” rule of law, along the lines of my rough-and-ready definition above, probably does exist in today’s China – subject, however, to one important point of uncertainty. The point of uncertainty revolves around the standard requiring that the rules be “applicable to all segments of the society (including the government, so as to prevent the government elite from acting arbitrarily).” That is, even though the constitution (as amended) requires that the government not act arbitrarily and outside the written rules, I harbor uncertainty as to whether that require-
UN Photo by Paulo Filgueiras
ment has in fact been met. Specifically, the peculiar entrenchment of the Chinese Communist Party in the political system continues to present a substantial risk of manipulation. This manipulation can take many forms, including undue influence over the conduct of judges in performing their functions, and the risk of such manipulation naturally prompts doubt as to whether the government consistently regards the law as a set of binding limitations on its power or instead regards the law as an instrument of social control (as was the case in SEPT China’s dynastic legal system that ended in 1911). And yet we must be careful not to look at China in isolation. My own view, having had varying levels of experience with the legal systems of quite a few countries, is that most of them have governments that sometimes (or routinely) act outside the law. In other words, if China lacks even a “thin” rule of law, then most other countries do as well. Fourth, disagreements exist in China as to just what version of a “thick” rule of law, if any, that country should aspire to today. While pronouncements from the Communist leadership typically seem to reject what Peerenboom calls the Liberal Democratic version, China seems to be increasingly pluralistic, exhibiting important differences in the conceptions of the rule of law and the perceived purposes of the law. Indeed, these disagreements were reflected recently in the issuance of (and then the government’s prompt and paranoid response to) the so-called “China’s Charter 08.” That document, signed in early December 2008 by a great many Chinese – dissidents, academics and even some government officials – called for an end to some of the central features of China’s legal and political system, including one-party rule, and urged their replacement with a system based on human rights and democracy. (See Perry Link, “China’s Charter 08,” as appearing in the Jan. 15, 2008, issue of the New York Review of Books). In short, there is a cacophony of views and voices within China as to what ideological overlay, if any, the rule of law should have. Fifth, China clearly does not today meet the standards of a Liberal Democratic version of a “thick” rule of law. It is this fact, of course, that has attracted such criticism from the West. Dissent is routinely repressed, individual rights are often trumped by collective rights and public participation in the selection of political leaders is largely illusory. In my view, it is perfectly legitimate to draw attention to these shortcomings, although I would urge that we be careful not to find
Chinese ambaSsador GIVEs diplomat’s forum lecture China and the rest of the world are expecting the United States to adopt a friendlier stance toward international cooperation under President Barack Obama. Ambassador Liu Zhenmin, China’s deputy permanent representative to the United Nations, told an audience at the University of Kansas School of Law on Nov. 14 that the U.S. should WATCH video keep lines of Ambassador Liu’s of free trade Diplomat’s Forum lecture open, get on board with international environmental treaties and work more closely with other world powers on foreign policy issues. “I hope the new American administration will not disappoint the world,” said Liu, who delivered the 2008 Diplomat’s Forum lecture to about 100 people at Green Hall. The Diplomat’s Forum is the law school’s most prestigious annual international and comparative law event. During his talk, Liu outlined challenges facing the United Nations and the new American president, including how to withdraw responsibly from Iraq, engage appropriately with Iran and respond to calls from the international community on climate change. Obama’s first priority will be addressing the global financial crisis. “Appropriately responding to the financial crisis by the new American administration will be its responsibility not only to its own people but also to the rest of the world,” Liu said. “The U.S. economy is the engine of world development, and the crisis originated from Wall Street.” A native of Shanxi Province, Liu graduated from Peking University’s department of English language and literature in 1978 and from its law school in 1981. He joined the Foreign Service in January 1982. Liu has worked at various levels in the department of treaty and law at China’s Ministry of Foreign Affairs and has served as deputy permanent representative of China to the United Nations since 2006.
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green hall news
international law corner ourselves in the position of a pot calling the kettle black. But it is also important that we take a nuanced enough view of just which version of the “rule of law” is being referred to when such shortcomings are identified and criticized. I emphasized above the special anniversary that China celebrates this year – 30 years of dramatic legal reform. (This is not, by the way, the only anniversary; 2009 also marks the 60th anniversary of the founding of the People’s Republic of China and the 20th anniversary of the Tiananmen Square brutality.) My main aim in thinking and writing about where China stands today in terms of the rule of law is to help in predicting and assessing where China is going tomorrow. The country finds itself in 2009 facing huge political challenges – now joined, in fact, by deep economic challenges as well, triggered by the U.S. financial meltdown. As members of a global legal community, we should watch SEPT closely to see if the rule-of-law momentum that China has
built up in the past 30 years can be sustained in the face of these challenges. In doing so, we should also do two other things: (1) We should pay close attention to what specific “thick” rule of law concept (that is, what political ideology) China moves toward as its legal system continues to mature; and (2) if (as is likely) China’s rule of law concept differs from the Western-based Liberal Democratic version familiar to most Americans, we should consider what challenges that poses for this country and for the rest of the world in such areas as international commerce, political cooperation, economic development and human rights. — John W. Head is a professor of law at the University of Kansas and author of several books and articles on international and comparative law. This piece draws from his book “China’s Legal Soul” (Carolina Academic Press, 2009).
Scholar confronts global future of U.S. class actions in inaugural lecture As the world grows increasingly interconnected, national civil procedure systems must find ways of intersecting with one another that are acceptable to all nations involved and still function efficiently in the international marketplace. So urged George Bermann in his Dec. 1 address to inaugurate the Robert C. Casad Comparative Law Lectureship at the University of Kansas School of Law. Bermann, the Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law at Columbia Law School, offered U.S. class actions as an arena in which such intersections are necessary. “The time is long past when U.S. class actions played themselves out on a purely domestic stage,” Bermann said. “And the new paradigm clearly is one in which certification in U.S. class litigation is sought for a class that consists heavily and possibly even
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WATCH video of George Berman’s Robert C. Casad Lecture predominantly … of nationals or residents of other countries.” Rule 23(b) of the Federal Rules of Civil Procedure requires U.S. courts to determine whether a class action would be superior to other available methods of adjudication. Assembling a multinational class raises questions about whether class members in foreign jurisdictions have been sufficiently notified of the action, and whether U.S. rules that bind class members to an action if they merely fail to opt out will be recognized in their home courts. In other words, if the U.S. class action fails, would foreign class members still be allowed to bring suit in their courts? And, if
so, is the class action the superior vehicle in the first place? Scholars such as Robert Casad, in whose honor the lectureship was established, can help immeasurably in answering these and other questions, Bermann said, by doing the hard thinking that is required to clear a path of analysis, conduct research in foreign and comparative law, and exercise sound judgment in dealing with the findings. “All of these attributes are exemplified by Robert Casad,” Bermann said. Casad joined the KU Law faculty in 1959 and taught for more than 37 years before taking emeritus status in 1997. He continues to write and publish and is respected in the U.S. and abroad for his work in comparative and international law. Thousands of KU Law graduates learned civil procedure in his classroom.
Law professor helps develop new online search tool for legal researchers
he Information and Telecommunication Technology Center and the School of Law at the University of Kansas have developed a powerful online search tool for legal researchers. MetaJuris, a metasearch engine, simultaneously searches various legal databases for cases, statutes and literature citations. The free service is open to the public. Subscription-based databases dominate online legal research. In addition to their prohibitive costs, Michael Hoeflich, the John H. and John M. Kane Distinguished Professor of Law, notes the software requires special training. Hoeflich envisioned a user-friendly “one-stop shop” for legal research and approached ITTC because of its expertise in software development. “My purpose was to provide a fast, free search capability which would permit not only lawyers, but everyone access to crucial legal documents,” Hoeflich said. “MetaJuris, I believe, does that.” “Professor Hoeflich had a great idea, and with ITTC expertise, the technology was developed into a working prototype. As the technology matures, we hope to find a commercial partner to further develop its utility,” said Keith Braman, director of technology commercialization for ITTC. ITTC Lead Software Engineer Danico Lee designed and developed MetaJuris. Users enter search words from which MetaJuris creates and submits queries to targeted legal databases, she explained. Version 2.0 searches six databases: PreCYdent, which contains U.S. CLICK here to begin Supreme Court researching with MetaJuris and U.S. Court of Appeals cases; PLoL (Public Library of Law), which includes those cases plus cases from all 50 states since 1997 and other law, codes and regulations; kscourts, which searches state cases; Legalbitstream, for its capacity to search both tax cases and Internal Revenue Service rulings; and the U.S. Securities and Exchange Commission filings Web site. MetaJuris then parses and integrates the hits, sorting them in reverse chronological order. For each result, the case name, its date, a synopsis and a link to the relevant citation are given. In fall 2008, law students in two different classes, Contracts and Professional Responsibility, were asked to use and
Law students study in the Wheat Law Library. A new metasearch engine developed, in part, by Professor Michael Hoeflich provides a free means of conducting legal research.
evaluate MetaJuris. Lee said students frequently used the metasearch engine, and it received positive comments. “MetaJuris helps me find the most influential and authoritative cases on a particular issue,” said Brian Jansen, a first-year law student who used the metasearch last fall. Hoeflich holds degrees from Haverford College, Cambridge University and Yale Law School. He taught at the University of Illinois from 1980-1988, was dean of the Syracuse University College of Law from 1988-1994 and was dean at the KU School of Law from 1994-2000. Hoeflich is the author or editor of seven books and more than 70 articles. He is a fellow of the Royal Historical Society, a member of the American Antiquarian Society and the Kansas Correspondent of the Selden Society. The Information and Telecommunication Technology Center advances knowledge and creates innovative technologies in telecommunications, information systems, bioinformatics and radar. As a Kansas Technology Enterprise Corporation (KTEC) Center of Excellence, ITTC is committed to the continued growth and diversity of the state’s economy.
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Gail Agrawal served as co-chair, with Dean Kent Syverud of the Washington University School of Law, of the annual law deans’ meeting, held this year in Phoenix in conjunction with the Council of Chief Justices. She also accepted an invitation to serve on an Academic Leadership Council under the auspices of the Institute for Arts and Humanities at the University of North Carolina at Chapel Hill. Raj Bhala presented a draft of a new article, “Resurrecting the Doha Round: Devilish Details, Grand Themes, and China Too,” to the University of Kansas Faculty Discussion Club in February. He delivered a presentation on “Best Practices in Multilateral and Regional Trade Agreements” in October at the Annual Meeting of the International Bar Association (IBA) in Buenos Aires, Argentina. This presentation was for the Trade and Customs Law Division of the IBA’s Antitrust and Trade Law Section, and was part of a panel titled “In Search of the Best – Trade and Customs Practices by Government, Business, and Private Sector Advisors.” The presentation proposed that the “best practices” are ones that follow the Golden Rule. Bhala published “Virtues, the Chinese Yuan, and the American Trade Empire,” 38 Hong Kong Law Journal, Part 1, 183-253 (May 2008) and “WTO Case Review 2007,” 25 Arizona Journal of International and Comparative Law, 75-155 (2008) (co-authored with Profes-
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sor David Gantz of the University of Arizona). In the area of the Shari’a (Islamic law), Bhala completed chapters for a textbook to be published by LexisNexis called “Understanding Islamic Law.” The chapters include Property Law and Business Associations. Along with Professor Steve McAllister, Bhala wrote an amicus curiae brief in the U.S. Supreme Court case of United States v. Eurodif S.A., Nos. 07-1059 and 07-1078, September 2008. The case involved a French company alleged to have dumped enriched uranium in the United States market. The amicus brief focused on whether the antidumping (AD) rules of the World Trade Organization (WTO) and United States apply to services, as distinct from goods. The brief argued they do not, a point with which the Court did not take issue. Justice Souter wrote for the Court, in a 9-0 decision. (See 555 U.S. ____ (2009).) The Court held that the Department of Commerce (DOC) reasonably treated the enriched uranium at issue as a “good” subject to AD law, rather than a service exempt under that law. As the Court focused on the Chevron standard of administrative review (deferring to the DOC’s interpretation), it found no need to reach the issue addressed by the brief. Working with Mindie Paget, director of communications and marketing, and assisted by several current and former KU Law students, including David Jackson, Devin Sykes and Ahmed Alyousef, and also with Dean
Gail Agrawal, Associate Dean Stephen Mazza and Professor John Head, Bhala helped create the first KU School of Law multilingual brochure. The brochure – printed in Arabic, Chinese, English and Spanish – chronicles the International and Comparative Law Program at KU. It appears to be the first such multilingual brochure published by an American law school. Mike Davis chaired the American Bar Association site visit at the Ave Maria School of Law in Ann Arbor, Mich. He later wrote three sections for and edited the entire site evaluation report that was submitted to the Consultant on Legal Education’s office in early January. Also in January, Davis was re-elected as chair of the Douglas County Community Foundation for the ninth consecutive year. Martin Dickinson published “Kansas Estate Tax 2007 through 2009,” a chapter in the book “Probate and Trust Administration after Death” (7th ed., Kansas Bar Association, 2009). Christopher Drahozal was elected to membership in the American Law Institute. He continued work on the “Restatement (Third) of the U.S. Law on International Commercial Arbitration” as a co-associate reporter. He and his collaborators prepared preliminary draft No. 1 of the “Restatement,” which deals with enforcement of international arbitral awards.
As chair of the Arbitration Task Force at Northwestern University School of Law’s Searle Civil Justice Institute, Drahozal continues work on an empirical research project on consumer arbitrations administered by the American Arbitration Association. He did a presentation on the research before the Searle Board of Overseers on Oct. 16, 2008, at a meeting of the board at Northwestern. Drahozal attended a retreat and planning meeting for the Academic Council of the Institute for Transnational Arbitration on Jan. 30 at the University of California-Berkeley. He also made the following presentations: n “Is There a Flight from Arbitration?” (based on a paper co-authored with Quentin Wittrock) at a research symposium on “Empirical Studies of Civil Liability,” Northwestern University School of Law, Chicago, Oct. 9, 2008. n “Arbitration and Litigation as Competitors in the Pre-Dispute Market for Binding Dispute Resolution” (based on a paper co-authored with Stephen Ware) at the Annual Meeting of the Midwestern Law & Economics Association, Northwestern University School of Law, Oct. 4, 2008; and (under the title “Why Do Businesses Use (and Not Use) Arbitration Clauses?”) at St. Louis University School of Law on Feb. 11. n “Business Courts and the Future of Arbitration,” at a symposium on “Whither Arbitration?” at Cardozo
Law School, New York, on Nov. 6, 2008 (paper being published in the Cardozo Journal on Conflict Resolution). n “The Controversy over Consumer and Employment Arbitration” at the 2008 States & Nation Policy Summit of the American Legislative Exchange Council, in Washington, D.C., on Dec. 6, 2008. Jelani Exum authored, “The Essence of the Rules: A Comparison of Turkish and U.S. Criminal Procedure,” which served as the introduction to “Turkish Criminal Procedure Code” (Beta, Istanbul 2009), by Feridun Yenisey. Exum also served as co-editor of the book. Her article “The More Things Change: A Psychological Case Against Allowing the Federal Sentencing Guidelines to Stay the Same in Light of Gall, Kimbrough, and New Understandings of Reasonableness Review,” was published in the Catholic University Law Review (Fall 2008), Vol. 58, No. 1. Exum presented “Substantively Wrong: The Error of Using the Guidelines as a Starting Point in an Abuse of Discretion Review of Federal Sentences,” at the Central States Law Schools Association Annual Conference, Oct. 25, 2008. While there, she was elected secretary of the Central States Law Schools Association for the 2008-2009 term. Rob Glicksman published Chapter 8, “Federal Preemption by Inaction,”
in “Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question” (W. Buzbee ed., 2009). He also issued the third release to the 2d edition of “Public Natural Resources Law” (2007) (co-authored with George Coggins). With various co-authors, Glicksman published “Protecting Public Health and the Environment by the Stroke of a Presidential Pen: Seven Executive Orders for the President’s First 100 Days,” Center for Progressive Reform White Paper (Nov. 11, 2008). He wrote “Revitalizing Cooperative Federalism by Limiting Federal Preemption of State Law,” a blog entry on the Center for Progressive Reform Web site (posted Nov. 13, 2008). Glicksman published “The Comprehensive Environmental Response, Compensation, and Liability Act” and “The National Environmental Policy Act” (with Daniel Mandelker), two interpretive essays in the Encyclopedia of the Supreme Court of the United States (2008). He made the following presentations: n “Global Climate Change: Its Causes and Effects (Near and Wide) on Our Environmental and Energy Future,” Lawrence Sustainability Advisory Board’s Lawrence Home Energy Conservation Fair, Lawrence, KS (Oct. 18, 2008). n “Access and Remedies: Summers and the Supreme Court’s 2008-2009 Environmental Term,” presenter and
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panel member at meeting of the Center for Progressive Reform, San Diego, Calif. (Jan. 6, 2009). n “Access to Courts: Remedial Preemption and Collective Action,” presentation at Case Western Reserve University School of Law, Law Review Symposium on “Access to the Courts in the Roberts Era,” Cleveland, Ohio (Jan. 30, 2009). n “Preserving Environmental Principal and Ecological Integrity: A Natural Resource Trust for the Multiple Use Lands,” presentation to the faculty at the George Washington University Law School, Washington, D.C. (Feb. 5, 2009). Glicksman was interviewed on KPSI radio in Palm Springs, Calif., on Nov. 21, 2008, about the legal issues surrounding the adoption by the Bush administration of “midnight regulations” and the Obama administration’s ability to reverse them. An article appeared in the University Daily Kansan in which Glicksman was interviewed concerning recommendations he made with other law professors to President Obama concerning executive orders he could issue to improve environmental and public health protection. David Gottlieb gave a presentation on the law school’s Family Health Care Legal Services Clinic to the family practice residents at the KU Med Center on Jan. 30. In December, he received a grant to hire an immigration attorney for the clinic, which started
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providing refugee and asylum services in February. John Head published two new books in the latter part of 2008 and early 2009. The first is “China’s Legal Soul: The Modern Chinese Legal Identity in Historical Context” (Carolina Academic Press, 2009), which he wrote largely in the spring of 2008 while visiting at the University of Hong Kong as the Paul Hastings Visiting Professor in International Financial Law. The book compares contemporary Chinese law with dynastic Chinese law in order to examine the rule of law in China and to search for a modern correlative to Imperial Confucianism as the “soul” of Chinese law. Head’s second new book is “The Asian Development Bank,” appearing as a revised edition in the International Encyclopaedia of Laws series on Intergovernmental Organizations (Kluwer Law International, 2008). Head also wrote an article that is scheduled for publication this spring or summer in the Santa Clara Journal of International Law, titled “Feeling the Stones When Crossing the River: The Rule of Law in China.” Head gave a talk to the faculty at the Wake Forest School of Law in midJanuary on the topic of his new book, “China’s Legal Soul,” with special focus on the question of how, if at all, the rule of law operates in today’s China. In mid-February, Head departed for Italy to hold the one-semester Trento Distinguished Chair in Law, a Fulbright award
under which Head taught courses at the University of Trento in international economic law and Chinese law. Webb Hecker presented “Fiduciary Duties in Business Entities 2008” at the Kansas Bar Association’s Plaza Lights Institute in December 2008. He also testified in support of the Business Entities Transactions Act before the Kansas House and Senate Judiciary Committees in February. Mike Kautsch co-presented a program Sept. 22 on the Kansas Open Meetings and Open Records acts for government officials in Ottawa and the surrounding area. The program was sponsored by the Ottawa Herald. He participated as a panelist during a forum on “Social Networking and the Hiring Process” Sept. 25 on the Edwards Campus of the University of Kansas. The forum, sponsored by Validity Screening Solutions in Overland Park, was for human resources professionals with questions about the Internet and social networking sites during the recruitment and evaluation of prospective employees. Kautsch moderated a program Oct. 21, “Media Coverage of Presidential Election,” at Rockhurst University in Kansas City, Mo. The program featured Kansas City Star journalists and was presented by Rockhurst’s Helzberg School of Management’s Center for Leadership and Ethics and Sullivan Chair in Ethics.
He moderated a pre-election debate Oct. 26 between Nancy Boyda and her challenger, Lynn Jenkins, at the Dole Institute. The debate was sponsored by the Voter Education Coalition and The World Company and was videotaped for local cable television. Kautsch was an invited participant in a national conference, “FYI, LOL or OMG? – Technology’s Impact on the Courts and Media,” Nov. 17-18, at the National Judicial College in Reno, Nev. He wrote a section of a report titled “Recent Efforts to Enact State Shield Laws,” distributed in December 2008 by the Media Law Resource Center for its New Legal Developments Committee/Defense Counsel Section. The contribution, titled “Kansas,” appeared in Part II of the report, “Recently Introduced, But Not Passed, State Shield Laws.” Kautsch testified before committees of the Kansas Legislature on Feb. 11 and Feb. 13, first on House Bill No. 2204, proposing to make probable cause affidavits accessible to the press and public, and second on Senate Bill 211, proposing a testimonial privilege that would allow journalists to protect their confidential sources. Stacy Leeds served as a contributing author and on the board of editors for the two-volume Encyclopedia of American Indian Policy, Relations, and Law (Finkelman and Garrison ed. 2008) (CQ Press). She was named a non-resident
fellow at the W.E.B. Du Bois Institute for African and African-American Research, Harvard University, for the 2008-2009 academic year. In December, Leeds was appointed as a judge on the Court of Appeals for Lower Sioux Indian Community in Minnesota. The term will run from January 2009 to January 2013. Leeds made the following presentations: n “Supporting Victims from an In digenous Perspective,” keynote plenary address to the 2008 Office of Victims of Crime National Conference, sponsored by the U.S. Department of Justice, Palm Springs, Calif., Dec. 17, 2008. n “A Collaborative Future for Tribal Courts and Peacemaking,” keynote luncheon address to the 39th Annual National American Indian Court Judges’ Association and Gathering on Indigenous Peacemaking, Green Bay, Wis., Oct. 23, 2008. n “Tribal Courts and Due Process,” Fifth Annual Indigenous Law Conference: “Forty Years of the Indian Civil Rights Act: History, Tribal Law, and Modern Challenges,” Michigan State University School of Law, Oct. 11, 2008. Leeds volunteered her usual spring course, “Fundamentals of Tribal Sovereignty,” at Haskell Indian Nations University’s School of Business, and she organized the 13th Annual Tribal Law and Government Conference in February at KU Law. This year’s theme was “Innovations in Tribal Governance.”
Elizabeth Weeks Leonard made the following presentations: n Moderator, panel on “Health and Reparations,” Kansas Law Review Symposium: Law, Reparations, and Racial Disparities, University of Kansas School of Law, Oct. 31, 2008. n “The Effects of Federal Programs on Kansas: Medicare and Medicaid Reform,” 2008 State of the State Kansas Economic Policy Conference, “Insuring a Healthy Kansas,” Institute for Policy & Social Research, University of Kansas, Oct. 30, 2008. n “Where There’s a Wrong, There May Be No Remedy: FDA Preemption of Common Law Claims and Implications for ERISA,” Midwestern Law and Economics Association, Annual Meeting 2008, Northwestern University, Chicago, Oct. 3, 2008. n “Right to Experimental Treat ment: FDA New Drug Approval, Constitutional Rights, and the Public’s Health,” University of Kansas Ethics Club, Lawrence Memorial Hospital, Lawrence, Kan., Dec. 4, 2008. Leonard assisted two moot court teams in preparation for competitions. She took two second-year students to the Health Law Moot Court Competition, Southern Illinois University, Carbondale, Ill., Nov. 7-8, 2008. She also took five first- and second-year students to the Philip C. Jessup International Moot Court Competition, Southwest Super Regional, University of Houston Law Center, Houston, Feb. 12-15. She has begun working with
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Professor David Gottlieb on the Family Health Care Legal Services Clinic and will co-direct and teach the classroom component next year. On June 21, 2008, Leonard married Thom Leonard in Lawrence. Richard Levy published “The Tie That Binds: Some Thoughts about the Rule of Law, Law and Economics, Collective Action Theory, Reciprocity, and Heisenberg’s Uncertainty Principle,” 56 University of Kansas Law Review 901 (2008); “Access to Court and Preemption of State Remedies in Collective Action Perspective,” forthcoming 2009, Case Western Law Review, with Rob Glicksman (invited symposium contribution); and the introduction to “English-Only Laws,” forthcoming 2009, Kansas Law Review (invited). He also made the following presentations: n “Administrative Law Reforms Proposed by the Kansas Judicial Council, Part 1: KAPA,” CLE presentation for the Kansas Bar Association Government Lawyers and Administrative Law Sections, Jan. 16, 2009. n “The Rule of Law and Human Rights in the ‘War on Terrorism,’” University of Kansas School of Law Human Rights Symposium, Feb. 6, 2009. n “Constitutional Issues Surround ing Jury Trials in Juvenile Offender Cases,” testimony before the Committee on Corrections and Juvenile Justice, Kansas House of Representatives, Feb. 11, 2009.
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n Co-authored paper presented by Rob Glicksman on “Access to Court and Preemption of State Remedies in Collective Action Perspective,” Case Western Law School, Jan. 30, 2009.
Stephen Mazza, along with his coauthor Leandra Lederman of the Maurer School of Law at Indiana University, published the third edition of his casebook, “Tax Controversies: Practice and Procedure.” The book is the leading casebook in the field and is used at J.D. and LL.M. programs across the country, including New York University, Minnesota and San Diego. Steve McAllister served as chair of the American Bar Association Site Evaluation Team for the George Washington University School of Law, Washington, D.C. (Oct. 26 - 29, 2008). As Solicitor General of Kansas, he assisted Attorney General Steve Six with his oral argument before the U.S. Supreme Court on Dec. 1, 2008, in the case of Kansas v. Colorado. Also in that role, McAllister presented the oral argument on behalf of Kansas at the U.S. Supreme Court on Jan. 21 in the case of Kansas v. Ventris. Sandra Craig McKenzie spoke Dec. 4, 2008, to Dr. David Ekerdt’s Gerontology Pro Seminar about elder law. Ekerdt is director of the Gerontology Center at the University of Kansas. Keith Meyer represented the KU School of Law this spring as a faculty
member in the London semester study abroad program, which is organized each spring term by a consortium of law schools. Joyce McCray Pearson gave a presentation at the Mid-America Association of Law Libraries annual meeting in Fayetteville, Ark., October 16-18, 2008. The presentation was titled, “ABA Questionnaire: New and Improved or…?” John Peck spoke Oct. 14, 2008, in Wichita at the annual meeting of the City Attorneys Association of Kansas on “Land Description Errors.” He presented “Background on Kansas Water Law, Water Districts, and Condemnation in Water and Water Rights” to the Kansas Legislature’s Special Committee on Eminent Domain in Water Rights on Nov. 18, 2008, in Topeka. On Jan. 12, he spoke in Topeka at the winter meeting of the Kansas Water Congress to provide an “Update on Eminent Domain.” Elinor Schroeder spoke on “Hot Topics in Employment Law” at a conference titled “Emerging Strategies for Managing Business and Workplace Conflict,” sponsored by Associates in Dispute Resolution, in Kansas City, Mo. In November, she presented a paper titled “Is Discrimination Law Helpful or Harmful to Older Americans at Work?” to a conference at the University of Nebraska. The conference
was called “Aging and Disability: Perspectives in Law and Psychology” and was jointly sponsored by the University of Nebraska College of Law and its psychology department. Andrew Torrance published “Physiological Steps Doctrine” (2009), Berkeley Technology Law Journal, Vol. 23, pages 1471-1505. He spoke on “Patents and the Regress of Useful Arts” in February at the Washington University School of Law Junior Faculty Regional Workshop in Saint Louis, Mo.; at Stanford Law School before the BioLaw and Health Policy Society in Palo Alto, Calif.; and at the Intellectual Property Scholars Roundtable at Drake Law School in Des Moines, Iowa. Torrance spoke in January about “Intellectual Property and Entrepreneurship” at the Kauffman Global Scholars Program, Kauffman Foundation, Kansas City, Mo. He also introduced the panel “Two Halves of Biolaw” at the Association of American Law Schools (AALS) Annual Meeting in San Diego, Calif., where he and several colleagues successfully founded the new AALS section on biolaw. Torrance presented “The Patent Game” as a lunchtime speaker in December for the Intellectual Property Group at Polsinelli Shughart in Kansas City, Mo., and made informal presentations that month at the National Endowment for Science, Technology and the Arts (London) and the Centre for Research in Innovation Management (Brighton, UK). Torrance presented “Synthesizing Law for Synthetic Biology” at the Kansas Journal of Law & Public Policy Symposium, Biolaw 2.0: Law at the Frontiers of Biology, in November at the University of Kansas School of Law.
Departing KU law professor leaves legacy of scholarship, friendship 27-year veteran of the KU Law faculty bids farewell to Green Hall this spring. Rob Glicksman, a distinguished scholar recognized nationally and internationally for his work in environmental and natural resources law, will join the faculty of the George Washington University Law School in Washington, D.C. He arrived at KU in 1982 and was named the Robert W. Wagstaff Distinguished Professor in 1996. “Rob has been a beloved teacher to generations of KU Law students and a wonderful faculty colleague,” said Gail Agrawal, dean of the law school. “He has served on or chaired every major law school committee SEPT and has taken on many ad hoc assignments, always with good cheer and commitment to the tasks ahead. “Like so many others, I regularly turn to him for wise counsel and advice. His steadiness has steadied me on more than one occasion.” As Glicksman departs, he and colleague Rick Levy are working on an administrative law casebook that draws on many areas of their combined expertise. The pair, whose offices are next door to one another, have collaborated often. Levy said Glicksman’s contributions to the school had been truly phenomenal. “He is a dedicated and beloved teacher, a prolific and thoughtful scholar, and a model citizen,” said Levy, the J.B. Smith Distinguished Professor of Constitutional Law. “He has been a great friend and colleague to me, and I have thoroughly enjoyed having him as my office neighbor and
CLICK here to read a farewell essay by Rob Glicksman working with him on many projects over the years. I regard our collaboration on various projects to be among the high points of my career. “I am very happy for Rob that he has such a wonderful opportunity, but I am saddened for the rest of us who will miss him.” Glicksman is the co-author of the environmental law casebook “Environmental Protection: Law and Policy” (Aspen Publishers), the treatise “Public Natural Resources Law” (Thomson/West), the monograph “Risk Regulation at Risk: A Pragmatic Approach” (Stanford University Press) and “Modern Public Land Law in a Nutshell” (West Group). He has written numerous book chapters and articles on environmental and natural resources law topics and has taught environmental and natural resources
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faculty news law courses, administrative law and property. Since Glicksman arrived in the early ‘80s, much about KU Law has changed, he said. Most dramatically, technology has transformed the way he teaches, communicates and produces scholarship. “Students all took notes by hand,” he recalled. “We did not have access to e-mail, so we communicated in person, by phone or by snail mail. I, like most of my colleagues, wrote everything longhand (in my case, in barely legible form that often went on ad nauseum) on legal-size yellow pads. I turned my output over to the staff, to be deciphered and converted into print by typewriter.” Other changes have included the internationalization of the law and law school curriculum and the size and diversity of the faculty. Despite all the changes, Glicksman has been impressed by the longevity of faculty and staff service at KU. “The result has been a sense of community and the stability to foster and safeguard the best elements of KU Law,” he said. Mike Davis, the Centennial Teaching Professor of Law, hired Glicksman early in his tenure as dean of the law school and said he served as “proof that sometimes your first decisions are your best ones.” “I and four others interviewed him the first semester I was dean, and a few months later I called him with an offer,” Davis said. “He’s been a great teacher, author, colleague and friend ever since. They don’t come better.”
CLICK here to send Professor Glicksman a parting message
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Torrance co-organized and co-hosted the second annual biolaw conference, which included top national scholars presenting their research in the field. He was later featured with Princeton geneticist Lee Silver, the keynote speaker at the conference, in a Kansas Public Radio story about the emergence of biolaw as a field of study at the University of Kansas. Bryan Thompson, host of the weekly series “Kansas Health: A Prescription for Change,” interviewed Torrance for the series. In October, he presented “Patents and the Regress of Useful Arts” at the Midwest Law and Economics Association Annual Conference, Northwestern University School of Law, Chicago; the Works in Progress in Intellectual Property 2008 Conference at Tulane University School of Law in New Orleans; the University of Louisville School of Law; the University of Ottawa Faculty of Law as the Torys Lecture; and the Central States Law Schools Association at the University of Southern Illinois School of Law in Carbondale, Ill. He made the same presentation in September at the Midwest Law & Society Conference at the University of Wisconsin, Madison, and the University of Oregon School of Law in Eugene, Ore. Torrance hosted Abraham Drassinower of the University of Toronto Faculty of Law as a faculty speaker in January at Green Hall. He was invited to serve on Barack Obama’s technology, media and telecommunications advisory committee as an intellectual property law policy adviser during the presidential campaign. Torrance took his Biodiversity Law class to the U.S. and British Virgin Islands in January. The class, which Torrance thinks is one of the only biodiversity law courses offered in the world, considers the role of law in regulating, managing, utilizing and conserving the Earth’s rich biological diversity. This is the third year Torrance has taught the course at KU Law. Suzanne Valdez served as administrator of KU Law’s first Deposition Skills Workshop, an upper-level intensive litigation course designed to provide students with practical exposure to taking and defending depositions. The intersession course took place Jan. 11-14. She served on the American Bar Association’s Accreditation Site Inspection Team for Southern Illinois School of Law Nov. 16-19, 2008. Valdez sits on the Kansas Judicial Council’s Family Law Advisory Committee, as well as a forms subcommittee that recently drafted divorce forms to be used by pro se litigants. Stephen Ware published “Farm Tractors in Kansas: How to Perfect a Security Interest,” 57 University of Kansas Law Review 409 (2009) (with Aaron K. Johnstun). He spoke on that topic at a continuing legal education program of the Wichita Bar Association on Oct. 31, 2008. He published “Open up the Process of Picking Justices,” an op-ed, on Jan. 23 in the Wichita Eagle. Ware spoke on commercial arbitration to the Los Angeles County Bar Association on Oct. 22, 2008. The New York Times quoted Ware on the topic of arbitration on Oct. 6, 2008, in an article titled “Companies Unlikely to Use Arbitration with Each Other.” He testified before the Kansas House of Representatives Judiciary Committee
on Feb. 12 about the Kansas Supreme Court selection process. He also presented his research on judicial selection in Overland Park (Oct. 16, 2008), at St. Mary’s University in San Antonio, Texas (Dec. 5, 2008), in San Diego, Calif. (Jan. 9) and in Wichita (Jan. 10). Ware’s work on judicial selection was featured Feb. 6 on 27 News, KSNT, Topeka, and on several radio stations across the state and in Kansas City, Mo. Melanie Wilson entered into a contract with Matthew Bender to co-author the seventh edition of “Criminal Procedure” with Joseph G. Cook, distinguished professor of law at the University of Tennessee College of Law, and Paul Marcus, Haynes Professor of Law at the College of William and Mary. She presented a paper titled “Returning Reasonableness to the Fourth Amendment” at the 2008 Midwest Law and Society Retreat, held at the University of Wisconsin in September 2008, and presented the same paper at Central States Law Schools Association’s 2008 Conference, held at Southern Illinois University in October 2008. Wilson also presented a paper titled “Finding the Truth in Police Lies” on Dec. 5, 2008, at a Junior Faculty Workshop at Washington University School of Law.
Faculty at work Above: Jelani Exum, associate professor of law, visits with students after class. Left: Raj Bhala, Rice Distinguished Professor, teaches a session of Advanced International Trade Law in the Snell Courtroom. Below: Melanie Wilson, associate professor of law, instructs students in her Criminal Law course.
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t s n i a Ag s d d o l l a Native American womanâ€™s battle to save ancestral burial ground inspires KU law alumna, filmmaker 34 KU LAW MAGAZINE
BY MINDIE PAGET
a tiny cemetery surrounded by tall buildings in downtown Kansas City, Kan., lies a grave marker for the woman who inspired Holly Zane to become a lawyer. The tombstone reads: Eliza Burton Conley Departed this life May 28, 1945 Attorney at Law Only woman ever admitted to the United States Supreme Court Although not entirely accurate, the inscription reveals the final resting place of a hero of the Wyandot Nation of Kansas and the first woman of Native American descent to argue before the highest court in the land. Holly Zane remembers her story. As a child, Zane’s parents took her to the Huron Place Cemetery and recounted the tale of a distant cousin named Lyda Conley, as she was known, who risked her life to preserve the sacred burial ground. Because of this woman and her sister, who erected a hut and stood sentinel with shotguns, guarding the grassy plot against destruction, the graves of Zane’s ancestors remain undisturbed. Conley’s legacy continues, in part, through Holly Zane and her siblings Steve Zane and Heather Anderson – all graduates of the University of Kansas School of Law. Holly and Steve earned their law degrees in 1986, three years after Heather. Holly especially has used her legal knowledge to help her tribe. She is secretary of the Wyandot Nation of Kansas and previously served as its attorney general, representing the tribe in a major
Siblings Steve and Holly Zane graduated from KU Law in 1986, three years after their older sister Heather. Holly has followed in the footsteps of her trailblazing cousin Lyda Conley, who fiercely protected the cemetery where her Wyandot ancestors were buried. Top, from left:The graves of Helena and Lyda Conley in Huron Place Cemetery in Kansas City, Kan.; Helena and Lyda Conley with their cousin Nina Craig, c. 1930; present-day Huron Place Cemetery; the shack that the Conley sisters erected and lived in at the cemetery to guard it against intruders; the Zane family — Steve, Holly, Kristen, Heather and their mother — on the steps of the U.S. Capitol in 1968, the day after Robert Kennedy was buried; a map of the Huron Place Cemetery; Charles Curtis, the first Native American vice president and an ally of the Conley sisters’ efforts; a sign at the cemetery.
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alumni news case that protected the Huron Place Cemetery yet again. So she couldn’t be more thrilled that the heroic efforts of the Conley sisters will be documented in a feature film produced by Ben Kingsley, the Oscar-winning star of “Gandhi” and “Schindler’s List.” Kingsley will play the role of Charles Curtis, a Kansa Indian and the only Native American vice president in U.S. history, in “Whispers Like Thunder.” “The Conley sisters gave up so much for service to our tribe,” Holly says. “They chose tradition, duty and love of tribe – which is love of family – over anything else, including commercial gain. They truly represent those values that all my tribal members aspire to and what led me to getting a legal education at KU law school. To have them recognized for their efforts and to have the opportunity for others to learn about our tribe and its history is a blessing.” ‘Trespassers, Beware’ Independent filmmaker Luis Moro co-wrote the screenplay for “Whispers Like Thunder” and hopes to begin filming later this year. Upon hearing the story of the Conley sisters from co-writer Trip Brooks, Moro immediately recognized the women’s efforts as universally inspirational. “They spent their entire lives on a worthy cause,” he says. “They were willing to fight the U.S. government and anyone else they had to so they could defend and protect everyone’s right to a sacred burial ground.” Lyda Conley earned her law degree from the Kansas City College of Law in 1902, just four years before Congress authorized the Secretary of the Interior to sell a tract of land in Kansas City, Kan., that had been given to the Wyandotte tribe as part of an 1855 treaty. Buried within the soil of that tract were Wyandotte Indians, many of whom had died on the banks of the Missouri River after being forcibly removed from Ohio and Michigan and waiting in vain for land promised them by the federal government. The legislation also authorized the removal of their bodies. A commission was formed to carry out the order, but Lyda Conley and her sister Lena had other plans. Former KU Law Professor Kim Dayton writes in her detailed account of the battle over the cemetery: “Late one night in the summer of 1906, Lyda and her sister stole into the Huron Place Cemetery and posted on each marked gravesite of their lineal ancestors a sign bearing the words ‘Trespassers, Beware.’” The women then raised a shack that they occupied, armed with double-barreled shotguns, in defense against encroachment by anyone who intended to carry out the “illegal” sale and desecration of the site.
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Lyda Conley at her 1902 graduation from the Kansas City College of Law. Fierce protectors Lyda Conley went on to file a petition for injunction in the U.S. Circuit Court for the District of Kansas that was quickly dismissed for lack of federal jurisdiction. Undeterred, she filed an amended complaint, and her case eventually made the U.S. Supreme Court docket in 1910. Although she had been admitted to the Missouri bar eight years earlier, Conley was unable to find an attorney who would vouch for her character and fitness to practice before the Supreme Court, Dayton writes. So she appeared pro se – the third woman, the second woman attorney and the first woman of Native American descent to appear and argue at the Supreme Court of the United States. The Court upheld the lower court’s dismissal, clearing the legal path for the cemetery’s sale. Standing in the way of that transaction: the Conley sisters and their graveside shack.
Federal marshals destroyed the stronghold several times, and each time the sisters rebuilt. Finally, the notoriety surrounding the struggle persuaded federal officials to give up their fight. In 1913, Congress approved legislation introduced by Kansas Sen. Charles Curtis that repealed the bill authorizing the sale of the cemetery and made it a national monument. “Those who knew the Conley sisters in their later years have attested that they spent much of their time in the cemetery, close to the graves of their ancestors, watching over them and honoring their spirits,” Dayton writes in her essay. Although the history of her matriarchal tribe is full of strong and courageous women, Holly Zane says Lyda Conley stands out as a heroine because she was a “modern” woman who remained loyal to tribal traditions. “Against all odds, she took on adversaries to those traditions, as a public servant serving our tribe’s interests, at great personal sacrifice to herself. Although she didn’t win her lawsuit, she did win the battle,” Holly says. “Her story inspired me to go to law school and to dedicate my professional life to public service.” In a fighter’s footsteps Holly Zane has worked for the Kansas Department of Corrections since 1991. She currently serves as human resources manager. On a pro bono basis, she routinely drafts documents for her tribe, including letters, policies and procedures, constitutional provisions, agreements and ordinances. She is also conducting research and acting as liaison with a consortium of attorneys who are representing her tribe in a federal lawsuit similar to Cobell v. Salazar. She found herself fighting Lyda Conley’s fight some years ago while serving as her tribe’s attorney general. She represented the tribe and individual members in U.S. District Court in Kansas in a lawsuit against the federal government and the Wyandotte Tribe of Oklahoma, who sought to place a casino on stilts with a glass floor above the cemetery. “I was able to build upon and vary the arguments made by Lyda Conley in her case to preserve and protect the Huron Cemetery,” Holly says. “Eventually my tribe was able to get what it wanted: a binding agreement with the Wyandotte Tribe of Oklahoma in which it recognized my tribe’s rights to the cemetery and agreed to never commercially develop the cemetery.” Just as Charles Curtis came to the tribe’s aid during Conley’s fight, U.S. Sen. Sam Brownback (R-Kan.) came to the tribe’s aid during its 1996 battle to save the cemetery. Congress passed into law in 1997 a stipulation, sponsored by Brownback, L’82, that the cemetery could not be used for anything other than a burial ground.
“We are forever grateful to Sen. Brownback,” Holly says. Her first exposure to federal Indian law came during a course on the subject at KU Law. She enjoyed her time at Green Hall, where she joined the Hispanic American Law Students Association because a chapter of the Native American Law Students Association did not yet exist. Now she’s a member of the school’s Diversity Advisory Council and participates each year in the government career fair, advising CLICK here to read KU Law students on a comprehensive history traditional and nonof the Wyandot people traditional careers in government. She and her siblings – she also has a sister named Kristen Zane who has an engineering degree from KU – are eagerly anticipating the release of “Whispers Like Thunder.” “The history and contributions of the Wyandots in the Kansas City area have largely been forgotten by the general public,” says Steve Zane, in-house counsel for Layne Christensen Company. “It took a lot of courage and persistence on the part of the Conley sisters and others to stand up for what is right against almost insurmountable odds. I think people will really be inspired by their story. I don’t think you can underestimate the power of the screen to breathe life into such a story.” — Historical accounts in this article rely on former KU Law Professor Kim Dayton’s article “‘Trespassers Beware!’: Lyda Burton Conley and the Battle for Huron Place Cemetery,” Yale Journal of Law and Feminism (1996). Her essay provides a comprehensive history of the Wyandot people and the Conley sisters’ fight to preserve a piece of that history. Read the essay by clicking on the link above. A split in the tribe led to different spellings for the Oklahoma and Kansas nations.
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Song for a trailblazer Memoir recounts black graduate’s historic ascent in law, politics
Charles M. Stokes, L’31, attended KU Law during the Great Depression and went on to become the first black district court judge in Washington state. His daughter, Stephanie Stokes Oliver, wrote a memoir of their family that includes an oral history interview with her father.
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a classroom on the first floor of Green Hall, a young man named Charles M. Stokes smiles from the wall in his senior class photo. The portrait was taken in 1931, the year Stokes graduated from the University of Kansas School of Law. He’s looking sharp with his pencil-thin mustache, manicured hair and dapper suit. His soft, earnest eyes belie the hardships that weighed on his college experience. Despite his struggles to pay for food, let alone tuition, Stokes went on to a pioneering career in law and politics. A memoir by his daughter, Stephanie Stokes Oliver, chronicles Stokes’ journey from a segregated school in Paola, Kan., to a seat on the bench as the first black district court judge in Washington state. Oliver read from the book, “Song for My Father: Memoir of an All-American Family” (Atria, 2004), during an oral history workshop in March at the University of Kansas. Although her father died in 1996 at the age of 93, Oliver was able to retrieve two cassette tapes on which a family friend had interviewed Stokes in 1986 for an oral history project. “There was his voice, telling his very own story,” Oliver said. Stokes was born in 1903 in Fredonia, Kan., the son of a Baptist minister and a mother who died when Stokes was just 3 years old. His father remarried, and the family lived in Pratt, Kan., for most of Stokes’ childhood. He ended up at KU during the height of
the Great Depression and worked his way through school. He waited tables at Alpha Chi Omega rush parties and played in a dance band. Always resourceful, Stokes offered to fire the furnace at the sorority house when the women complained that the man who had been doing the job wasn’t around often enough to keep them warm. He negotiated a place to stay at the sorority by rearranging all the residents’ trunks in a storage room, and they paid him $5 a week. During the summer, though, the weather warmed and the women left. Stokes earned just $2 a week cutting the lawn. He and a friend tried to pool their resources but still came up short. “We’d starve from one Monday until the next Monday when he’d get some more money,” Stokes reported in his oral history. “There was a lady down the street from the Kappa House [his own fraternity] who would charge us a quarter for a meal, and we’d have one meal in the evening between us. That was in 1931. Even then, charging us a quarter was helping us. … A quarter didn’t pay for the work she did for us to eat, but it was just a lovely thing she did.” Stokes went to law school because people kept noticing he liked to talk and told him he ought to be a lawyer. “I didn’t know about being a lawyer, but I knew I didn’t want to be a preacher,” Stokes said in the recording. “… my daddy had nothing. And I didn’t want to be a preacher and not have money, and have people giving you clothes, and food, and stuff. I didn’t want to be depending on people. I didn’t want to be cold all the time.” When Stokes graduated, he opted not to spend the $18 it would have cost to put on a robe and cap and participate in the ceremony. But he passed the bar exam and started practicing in Leavenworth. He later became an assistant attorney at the Kansas Commission of Revenue and Taxation in Topeka. In 1943, he moved to Seattle. Stokes had been heavily involved in the Republican Party in Kansas, serving as a member of the Young Republicans and attending national conventions on behalf of the party. That activism continued in Washington. He set up a law office in downtown Seattle and handled divorce, real estate and criminal cases, among others. In 1950, he mounted a successful campaign for state representative and became the first black person elected to the Washington state legislature. Stokes also served as president and board member of the Seattle branch of the NAACP, advocated for equal housing and, in 1968 at age 65, was appointed a district court judge. At his swearing-in ceremony, Stokes said he was “elated.” “My ardent wish is that my performance will live up to
LISTEN to Stephanie Stokes Oliver read excerpts from her father’s oral history
the confidence shown in me,” he said. “If a judge is efficient, factual and fair, he should get along all right. That is what I intend to do. I may never reach the stars, but I should have stardust on my fingers.” Oliver learned early on that her family’s allegiance to the Republican Party had become more the exception than the rule for black Americans. But she came to understand while writing the book that her father was Republican because his father had been Republican – because it was the party of Abraham Lincoln, who had freed the slaves. Early in his political career, when Stokes considered switching to the Democratic side, his father reminded him of his loyalties: “Lincoln done freed your butt, and you gone on against him and all? No!” Someone once asked Oliver why she would bother to write a book about her father, who was, after all, not a celebrity. She responded in the introduction to her book that she believes in the power of ordinary people doing extraordinary things. “The main things my father did were to vote religiously, become politically active, and believe in the promise of America at a time when, in some parts of the country, those could be dangerous and courageous acts for African-Americans,” Oliver wrote. “As a journalist, I feel compelled to document the life of one American and its representative story of a people.” In 1968, Charles Stokes was appointed judge in King County District Court, becoming the first black person to hold this position. Read his complete biography
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Class members who dined at Paisano’s on Saturday evening included, back row from left, LuAnn Dixon,Tim Connell, Mike Boman, Lynne Friedewald, Carmen Greenup and, front row from left, Elizabeth Harris, Georgann Eglinski and Phyllis Bock. Below: Mike Boman and David Elkouri.
Reunited Better late than never. So say members of the Class of 1978, who gathered in Lawrence for their “30-year” at the end of March. If you’re counting, that’s 31 years after graduation. About 10 classmates spent the weekend of March 28 reminiscing about their law school days in Green Hall — both of them, as they were the first class to graduate after moving into the new building at the foot of Mount Oread. Activities included Friday evening cocktails at the home of Bill Skepnek, coffee and rolls on Saturday morning at Green Hall with Dean Gail Agrawal and a Saturday evening dinner at Paisano’s Ristorante. Class member Carmen Greenup shared these photos.
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Class of 1978 gathers for ‘30-year’ reunion
Clockwise from above: Phyllis Bock and Bonita Yoder; Bonita Yoder with her ventriloquist dummy; Kurt Look, Phyllis Bock and LuAnn Dixon; Lynne Friedewald and Mike Boman; Chuck Shoemaker (Lynne Friedewaldâ€™s husband) and Elizabeth Harris.
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Items were received or collected prior to May 1, 2009. Send your news by e-mail to email@example.com or by clicking here and filling out the form.
1960s William L. Turner, L’60, was elected president of the board of directors of We Tell Stories, a Los Angeles-based theater company, where he has been on the board since 2003. We Tell Stories is a nonprofit multiethnic community of artists dedicated to educating and nurturing young audiences in literature and theater. We Tell Stories brings classic literature and folk tales to life in classrooms, theaters, schools, museums, festivals, special events and libraries. Their goals are to inspire creativity, enhance literacy, cultivate intercultural awareness and harmony, and spark a love of the theater and spoken word. Peter K. Curran, L’66, was selected for repeat inclusion in the 2009 edition of The Best Lawyers in America. Curran practices with Stevens & Brand LLP in Lawrence. Inclusion in Best Lawyers is based on a peer-review survey, with more than 2.5 million lawyers confidentially evaluating other lawyers. Douglas Lancaster, L’66, is of counsel at the Overland Park law firm of Gates, Shields & Ferguson PA. John Smith, L’68, has been elected president of the Lake City, Colo., Community Arts Center. Prior to his retirement, Smith was with Enterprise Products Partners in Houston.
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1970s Thomas G. Kokoruda, L’72, was selected by the Kansas City Metropolitan Bar Association to receive a 2009 Deans of the Trial Bar Award at the 36th Annual Bench-Bar & Boardroom Conference held in April at the Tan-Tar-A Resort. This award spotlights individuals whose superb litigation skills and professional demeanor are viewed as exemplary by their peers. Recipients of the honor must have practiced for at least 30 years or have reached age 60. Kokoruda practices with Polsinelli Shughart PC and is chair of the firm’s trial department and the health care litigation group. Robert O. Watchous, L’73, Emporia, Kan., retired in June 2003. Mary Torrence, L’74, serves as the Kansas Revisor of Statutes. Torrence is the first KU graduate and first woman to hold the position. The Office of Revisor of Statutes is the legal staff agency of the Kansas Legislature and currently has a staff of 21 attorneys. Sen. John Yoder, L’75, was elected circuit court judge in Division 2 of West Virginia’s 23rd Judicial Circuit in November 2008. Yoder is completing his second term in the state Senate, which ends in 2008. He began his legal career as a district court judge in the Ninth Judicial District in Kansas in 1976. In 1980 he was selected in a national competition as a Supreme Court Fellow to work at the U.S. Supreme Court. He continued as a special assistant to the
chief justice until 1983, when he became a federal prosecutor. Ross Hollander, L’76, has been honored as one of the country’s most outstanding labor and employment lawyers by The Best Lawyers in America 2009. Hollander is a partner and shareholder in the Wichita, Kan., firm of Joseph & Hollander PA and practices in the areas of employment law and litigation and business and commercial litigation. Norene D. Jacobs (formerly Norene J. Thomas), L’77, has been selected for inclusion in The Best Lawyers in America in health care law for the 18th consecutive year. Jacobs is a senior partner in the Des Moines, Iowa, office of Kutak Rock LLP. Joe McKeever, L’77, serves as general counsel of Granite Investment Group, Irvine, Calif. Granite is a real estate syndicator specializing in skilled nursing and assisted living portfolio acquisitions and operations in Texas and Illinois. Sheila Bair, L’78, chair of the Federal Deposit Insurance Corporation, received a 2008-09 Alumni Distinguished Achievement Award from the University of Kansas College of Liberal Arts and Sciences. Jim Flory, L’79, a former Douglas County, Kan., district attorney and retired federal prosecutor, was elected to the Douglas
County Commission in November 2008. Flory took office in January 2009.
1980s Jim Eggleston, L’80, is founding partner of Eggleston Flowers & King LLP, a nine-lawyer firm based in Weatherford, Texas. Eggleston is board certified by the Texas Board of Legal Specialization in commercial real estate law and farm and ranch real estate law. He is the exam coordinator for the TBLS for all real estate certification exams. Eggleston is also a committee member of the Real Estate Legislative Affairs Council for the State Bar of Texas. His oldest son serves with the U.S. Army in Iraq, his youngest son has joined the law firm in the transactions group, and his daughter is a senior at Texas A&M. Eggleston and his wife raise cattle and horses on their ranch west of Weatherford. Pat Haley, L’80, received the Labette Community College 2008 Van Meter Outstanding Alumni Award from the board of directors of the LCC Foundation and Alumni Association. Judge Janice Miller Karlin, L’80, a bankruptcy judge for the federal district of Kansas, has been appointed to the U.S. Bankruptcy Appellate Panel of the 10th Circuit. Karlin is a member of numerous bankruptcy associations and committees and has contributed chapters to practice manuals on bankruptcy law and civil procedure. Bruce Mallonee, L’80, has agreed to serve as the 2009 chairman of the Campaign for Justice. The campaign brings together wellknown and respected lawyers from across Maine to raise funds on behalf of six civil legal aid providers in the state. Mallonee is a partner at the Bangor law firm of Rudman and Winchell. He was recognized in 2007 by the Volunteer Lawyers Project with the Lew Vafiades Pro Bono Award. During his legal career, Mallonee has donated more than
800 hours to impoverished clients, many of whom were victims of domestic violence. Sherri E. Loveland, L’82, was selected for repeat inclusion in the 2009 edition of The Best Lawyers in America. Loveland practices with Stevens & Brand LLP in Lawrence. Inclusion in Best Lawyers is based on a peer-review survey, with more than 2.5 million lawyers confidentially evaluating other lawyers. Kimberly D. Baker, L’83, has been elected secretary-treasurer of DRI—the Voice of the Defense Bar. DRI is an international organization of attorneys defending the interests of business and individuals in civil litigation. DRI provides numerous educational and informational resources to members and offers many opportunities for liaison among defense trial lawyers, corporate America, and state and local legal defense organizations. Baker is an attorney in the Seattle office of Williams Kastner. Her practice emphasizes health care law, employment law, tribal practice (including health care reimbursement and housing), drug and medical device, and general product liability defense litigation. Jeffery A. Mason, L’83, was appointed to the Kansas Bar Association Board of Governors from District 10 in October 2008. Mason is in his second year as a member of the Kansas Commission on Judicial Qualifications. Neil B. Foth, L’84, was appointed a Johnson County District Court judge by Gov. Kathleen Sebelius. He replaces Judge John Anderson III, who retired in January 2009. David J. Adkins, L’86, has been named CEO of The Council of State Governments (CSG), headquartered in Lexington, Ky., with offices in Chicago, Atlanta, Sacramento, New York City and Washington, D.C. CSG is a nonpartisan organization whose membership includes all elected and appointed
officials of the three branches of government in all 50 states. Adkins previously served as vice chancellor for external affairs at the Kansas University Medical Center. Martin R. Brown, L’86, Byron Center, Mich., was recently promoted to vice president within the Farmers Insurance Group Corporate Legal Department, and general counsel and secretary of Foremost Insurance Company, a subsidiary of Farmers. James Lee Burke, L’87, has joined as of counsel in the Phoenix, Ariz., office of the national law firm of Quarles & Brady LLP. Burke is in the firm’s commercial bankruptcy, restructuring and creditors’ rights practice. His practice focuses primarily on commercial litigation and creditors’ rights. Bob Harris, L’87, was recognized in The Best Lawyers in America 2009 in the areas of bankruptcy and creditor-debtor rights law. Best Lawyers compiles an annual list of outstanding attorneys by conducting peerreview surveys, which include more than 29,000 attorneys in 78 specialties, covering all 50 states. Harris practices in the Phoenix, Ariz., office of Quarles & Brady LLP. Debra Lumpkins, L’87, left Gateway Legal Services, where she was the managing attorney of the consumer unit, to become assistant attorney general, Consumer Protection Division, Office of Missouri Attorney General. She will be prosecuting, civilly and criminally, the perpetrators of consumer fraud. Katherine J. Bailes, L’88, of 5th Generation Legal Advisors, Overland Park, Kan., has written a chapter for the Estate Administration, Missouri Bar Deskbook, titled “Will and Trust Construction,” to be published in the 2009 edition.
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alumni news Grant Burgoyne, L’88, was elected to the Idaho House of Representatives in the 2008 general election. Kathy Greenlee, L’88, Kansas Secretary of Aging, was nominated by President Barack Obama to the Health and Human Services post of assistant secretary, Administration on Aging. Greenlee has served as Secretary of Aging for the state of Kansas since January 2006. In that capacity, she has led a cabinet-level agency with 192 full-time staff members and a total budget of $495 million. Kevin Kelly, L’89, is an associate development director at the Kansas University
Endowment Association, where his responsibilities include development work to support the KU Libraries and KU’s deferred maintenance needs. Kelly served as director of outreach activities at KU Law, and managed a solo law practice in Lawrence from 1990 to 2006. Kelly, his wife, Christy, and son, Trey, 6, make their home in Lawrence.
1990s Steve Ariagno, L’90, was recently married to Jessie Prock in Wichita, Kan. He is a partner in Ariagno, Kerns, Mank & White LLC, practicing in criminal defense. Ariagno has been named a Missouri/Kan-
sas Super Lawyer. He also has a daughter, Meghan, 7. Mark A. Ferguson, L’90, joined the Overland Park law firm of Gates, Shields & Ferguson PA as partner. Ferguson brings nearly 20 years’ experience in employment, education, business litigation and insurance subrogation law to the firm. Melanie (Dick) McMullen, L’90, has joined the National Cable Television Cooperative Inc. in Lenexa, Kan., as director of business and legal affairs. NCTC is a programming and hardware purchasing organization representing 1,100 cable television opera-
Communications director wants to hear from you
ardon the late introduction. My name is Mindie Paget. I’m the law school’s resident voyeur. I take notes. I take pictures. I take notice of most of the happenings in Green Hall. My official title is “Director of Communications & Marketing.” And I’ve been here, hanging out in the background, for more than a year. I’ve met a number of you at law school events and corresponded with others via phone or e-mail. Some of you have been the subjects of articles I’ve written for the KU Law Magazine or the KU Law Brief. It has been a privilege to learn about your life and work. For my part, I’m a Kansas native and a proud University of Kansas alumna. I have bachelor’s degrees in English and philosophy and a master’s in journalism. I was a reporter, editor and designer at the Lawrence JournalWorld for six years before coming to KU Law. I joke about writing my college admissions and scholarship essays as an El Dorado High School senior and announcing my intent to become a
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Mindie Paget firstname.lastname@example.org 785.864.9205
lawyer. Other talents altered my path, but here I am at law school, albeit as a different kind of advocate than I had imagined back then. You may have noticed that communications from Green Hall have changed a bit since my arrival. We redesigned the Web site, making it more attractive and filling it with stories, photo galleries, videos and podcasts that showcase our students, faculty and alumni. We started the KU Law Brief, a quarterly electronic newsletter for alumni and friends. As much as possible, we are
transitioning to paperless communication, sending invitations, news and other information electronically. You will notice reminders throughout this issue to provide us with your current e-mail address; it’s the only way to ensure that you receive all the news and notices we ship out. We also redesigned the KU Law Magazine in the fall, and now we have published the spring edition online only – part of our commitment to cost efficiency and the environment. An official KU Law Facebook page is on the horizon. Stay tuned and become a fan. Of course, none of these efforts would carry much meaning without you. The adventures, accomplishments and contributions of KU Law alumni build the reputation of your legal alma mater and provide intriguing fodder for law school publications. Please consider me a contact point for sharing story ideas and other suggestions, good or bad. Newsroom veterans have thick skin.
tors in the United States and its territories. McMullen and her husband, Keith, live in Kearney, Mo., with their sons Alex, 13, and Sean, 11. John E. Hayes III, L’91, is in-house counsel with Coldwater Creek in Colorado. Molly M. Wood, L’91, was selected for repeat inclusion in the 2009 edition of The Best Lawyers in America. Wood practices with Stevens & Brand LLP in Lawrence. Inclusion in Best Lawyers is based on a peer-review survey, with more than 2.5 million lawyers confidentially evaluating other lawyers. Laura Fey, L’92, is practicing with Daley Crowley LLP in Kansas City, Mo. Fey was formerly with Shook, Hardy & Bacon LLP. Kurt A. Level, L’92, has been named vice president and associate general counsel for Harrah’s Operating Company, Las Vegas. Gregory Glass, L’93, has been named managing editor of Asia IP, a Hong Kong-based magazine focusing on intellectual property law in Asia and the Pacific. Evan H. Ice, L’93, was selected for repeat inclusion in the 2009 edition of The Best Lawyers in America. Ice practices with Stevens & Brand LLP in Lawrence. Inclusion in Best Lawyers is based on a peer-review survey, with more than 2.5 million lawyers confidentially evaluating other lawyers. Dan Wiley, L’93, was selected by Gov. Kathleen Sebelius as the newest 1st Judicial District judge serving Leavenworth and Atchison counties. Wiley has been practicing with the Leavenworth firm of Murray, Tillotson and Wiley since 1993. He also serves the Leavenworth area as a municipal judge for the city of Leavenworth and as a district judge pro tem for the Leavenworth County District Court. Wiley has more
than 11 years of judicial experience in Leavenworth County. Susan Weigers Kannarr, L’94, Topeka, Kan., was appointed chief clerk of the House of Representatives in January 2009. Katherine (Basom) McClendon, L’94, is company counsel at Lineage Power Corporation in Mesquite, Texas. John L. Snyder, L’94, received the Kansas City Metropolitan Bar Association’s 2008 Outstanding CLE Contributor Award in December at the KCBMA Annual Meeting in Kansas City, Mo. This honor goes to an individual whose exemplary efforts produced outstanding CLE programs for the Bar. Snyder is a partner at Sonnenschein Nath & Rosenthal LLP. Nathan Muyskens, L’95, a former partner at Troutman Sanders LLP, has joined the government enforcement and compliance practice of Shook, Hardy & Bacon LLP in Washington, D.C. David M. Staker, L’95, is married to Christina Dunn Staker, L’96, with four children, Gabrielle, 7, Matthew, 5, Joseph, 3, and Madeleine, 1. Staker is president of Plastic Packaging Technologies, a flexible packaging manufacturer in Kansas City, Kan. Thomas Tronsdal, L’95, is the owner of Canyon Fence Company in Tucson, Ariz., the largest fence company in southern Arizona. David C. Kresin, L’97, and Edmundo Robaina started a new firm in Phoenix, Ariz., Robaina & Kresin PLLC, in January 2009. The firm represents employees in labor and employment matters. Kresin and his wife, Molly, live in Phoenix with their three children. Shawn Stogsdill, L’97, has joined Van Osdol & Magruder PC as of counsel. Stogsdill has
practiced extensively in the areas of business, tax, real estate and real estate planning law for the past 10 years. He serves as an adjunct professor of constitutional law at William Jewell College. Kevin Fulk, L’98, earned his Ph.D. from the University of Houston’s C.T. Bauer College of Business in December 2008. His dissertation is titled “The Involvement of Multiple Information and Communication Technologies in Complex Information System Project Control: A longitudinal, Interpretive Study.” Fulk also received the Dean’s Award for Academic Excellence upon graduating. Mark Haug, L’98, has been appointed a School of Business Teaching Fellow at the University of Kansas. The Teaching Fellows program was established in the spring of 2007 and honors outstanding teaching by nontenure track faculty members who have terminal degrees. During the fall 2008 semester, Haug taught a statistics course and a supply chain management course. Geoffrey J. Lysaught, L’98, has been appointed director of the Searle Civil Justice Institute and senior lecturer at Northwestern University School of Law in Chicago. Wesley F. Smith, L’98, was selected for repeat inclusion in the 2009 edition of The Best Lawyers in America. Smith practices with Stevens & Brand LLP in Lawrence. Inclusion in Best Lawyers is based on a peer-review survey, with more than 2.5 million lawyers confidentially evaluating other lawyers. Sarah Deer, L’99, was a visiting professor of law at William Mitchell College of Law for the 2008-2009 academic year. Deer taught constitutional law and Indian law. She accepted a tenure-track
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alumni news position on the law faculty at William Mitchell beginning in the fall 2009. Deer was one of the first recipients of KU Law’s Tribal Lawyer Certificate and she will become the seventh female law professor in the United States who is also a citizen of a federally recognized Indian tribe. Deer delivered the keynote address at KU Law’s 14th annual Diversity in Law Banquet in March. Kyle N. Roehler, L’99, has become a shareholder in the Kansas City, Mo., law firm of Foland, Wickens, Eisfelder, Roper & Hofer PC, where he practices in the area of civil litigation and insurance law. Rachel Smith, L’99, and Chris Vickers welcomed daughter, Maya Elizabeth Marie, in August 2008.
2000s Heather Jones, L’00, has been recognized as a 2009 Rising Legal Leader by a Kansas City legal newspaper. Kansas City Legal Leaders are a devoted cadre of lawyers, judges, public officials, legal scholars and law students who put their communities first. Jones is a shareholder in the law firm Seigfreid, Bingham, Levy, Selzer & Gee. She was nominated for taking on numerous leadership roles and committee positions at the firm. She is also active in the community and serves in various capacities for the Lawyers Association of Kansas City, including being a president of the Young Lawyers Section. She also chairs the Liberty Arts Commission and participates in the Leadership Northland class. Jacqueline M. Sexton, L’00, became a shareholder in the Kansas City, Mo., law firm of Foland, Wickens, Eisfelder, Roper & Hofer PC, where she practices in the area of civil litigation, with an emphasis on employment,
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banking and insurance law matters. Dawn (Cook) Blunda, L’01, St. Louis, Mo., is pleased to announce the birth of daughter Izabelle Taylor in February 2008, and the graduation from high school of her daughter Krystol in May 2009. Jason H. Klein, L’01, is practicing with Latham, Shuker, Eden & Beaudine LLP in Orlando, Fla. Stefan Padfield, L’01, assistant professor at the University of Akron, C. Blake McDowell Law Center, had his article, “Is Puffery Material to Investors? Maybe We Should Ask Them,” 10 U. Penn. J. Bus. & Emp. L. 339 (2008) selected by the Law Alumni Association for the Thomas G. Byers Memorial Award for Outstanding Faculty Publication.
Bradley C. Friesen, L’02, an attorney at Bell, Davis & Pitt PA, has been named a director of the Winston-Salem-based law firm. His practice concentrates in bank litigation, commercial litigation, uniform commercial code, business litigation, condemnation/ eminent domain, civil litigation, landlord/ tenant-commercial, and landlord/tenantresidential disputes. Timothy Glassco, L’02, returned to the private sector as a principal at the Podesta Group, a government relations and public affairs firm in Washington, D.C., after working on Barack Obama’s campaign and inaugural committee. Crystal Nesheim Johnson, L’02, and husband Chad welcomed daughter, Sydney Marie, in October 2008. Johnson is a deputy state’s attorney for Minnehaha County in Sioux Falls, S.D.
Travis L. Salmon, L’01, has become a shareholder in the Kansas City, Mo., office of Polsinelli Shughart PC. Salmon practices in business litigation with an emphasis in complex commercial litigation.
Maria Macoubrie, L’02, and her husband, Brad, are pleased to announce the birth of their daughter, Brynna Claire Macoubrie, in September 2008. Brynna joins big brother, Brody, 3. Macoubrie is an associate in the Kansas City, Mo., office of Bryan Cave LLP.
Christopher P. Sobba, L’01, has become a shareholder in the Kansas City, Mo., office of Polsinelli Shughart PC. Sobba practices in construction and business litigation.
Jamie Huffman Jones, L’03, was named a 2008 Mid-South Rising Star by Super Lawyer Magazine. She is practicing with Friday, Eldredge & Clark LLP in Little Rock, Ark.
Elizabeth A. Srp, L’01, and her husband, Dan, welcomed their daughter, Josephine Julia, in February 2009.
Barbara Privat, L’03, joined the Wisconsin State Public Defender’s Office in February 2008. Barbara and husband, Todd, were expecting their second child in April 2009, who was to join Kyle, 2.
Diane Forge Bauersfeld, L’02, has been named a Law Librarian Fellow at the University of Denver, where she will earn her master’s degree in library and information science with a law specialization. Bauersfeld and her husband, Reid, welcomed their son, Reid Egan, in 2005 and their daughter, Ellory Anne, in 2007. They reside in Loveland, Colo.
Jeffrey M. Schwartz, L’03, has started the law firm of Schwartz & Waible LLC in Fort Collins, Colo. It is a general practice specializing in criminal defense representation. Schwartz previously practiced as a Colorado Public Defender for more than five years.
James P. Wolf, L’03, has been named a shareholder in the Kansas City, Mo., office of McAnany,Van Cleave & Phillips PA. Wolf is a member of the firm’s workers’ compensation defense practice group. Betsy Blake, L’05, received a Kansas City Metropolitan Bar Association’s YLS President’s Award in December at the KCBMA Annual Meeting in Kansas City, Mo. The award recognizes outstanding contributions to the KCMBA Young Lawyers Section during the bar year. Blake is an associate at Williams & Campo PC. Mark Dodd, L’06, accepted a position as general counsel/tribal attorney for the Prairie Band Potawatomi Nation in Mayetta, Kan. Dodd and his wife, Nicole, had their fourth child, Jack Austin Dodd, in February 2009. He joins Caraline, 4, Logan, 3, and Luke, 18 months. Carly Farrell, L’06, is practicing with Edward C. Gillette in Mission, Kan., in the area of domestic relations. Ben Reed, L’06, has joined the Wichita office of Joseph & Hollander PA. His practice will focus primarily on domestic law. Ambriel Renn-Scanlan, L’06, recently concluded her two-year clerkship with U.S. Magistrate Judge K. Gary Sebelius and is now an attorney in the Honors Program for the U.S. Department of Labor’s Kansas City Regional Solicitor’s Office. Leita Walker, L’06, and her husband, Jason Walker, are pleased to announce the birth of their son, Henry Schultes Walker, in July 2008. Walker is an associate at Faegre & Benson in Minneapolis.
Rusty Glenn, L’07, joined the Shuman Law Firm, a boutique securities litigation firm in Boulder, Colo. Glenn was also elected to the board of directors of Hep-C Connection, one of the largest hepatitis C-focused advocacy organizations in the country and the only one of its kind in Colorado. Hep-C provides community education and testing, patient support and disease prevention strategies.
Tyler Hibler, L’08, has joined the Overland Park office of Wallace Saunders Austin Brown & Enochs Chartered. His practice focuses on insurance defense litigation.
Michael Payne, L’07, has joined the Greeley, Colo., law firm of Otis, Coan & Peters LLC. His practice emphasizes all areas of real estate, business and commercial law, both litigation and transactional matters.
Wakil Oyedemi, L’08, is an assistant district attorney in the Reno County District Attorney’s Office in Sandra Milburn/ Hutchinson News Hutchinson, Kan. As the newest assistant DA in the office, Oyedemi is charged with handling traffic infractions, misdemeanor cases and felony traffic cases.
Bobby Pineda, L’07, has opened his own practice, The Law Office of Bobby W. Pineda, in Rock Springs, Wyo. Christi Pribula, L’07, is a trust officer at The Commerce Trust Company in Leawood, Kan. Ashley K. (Schellpeper) Adrianse, L’08, is an associate at Cramer, Alissi & Fontaine PC in Hartford, Conn., specializing in insurance and business litigation defense. Dustin Bradley, L’08, Lawrence, Kan., is a staff attorney with the Kansas Department of Transportation. Katie Cheney, L’08, joined the firm of Frasier & Johnson LLP in Beloit, Kan., in January 2009. Adam S. Davis, L’08, and wife, Carrie, are pleased to announce the birth of their son, Brendan Thomas Davis, in October 2008. Abigail Grantstein, L’08, Indianapolis, accepted a position as assistant director of enforcement at the National Collegiate Athletic Association.
Lisa (Brown) Nieman, L’08, has been working as counsel for the U.S. Senate Committee on Homeland Security and Governmental Affairs in Washington, D.C., since May 2008.
CLICK here to read a Hutchinson News profile of Wakil Oyedemi
Aimee Richardson, L’08, and Ryan Walkiewicz, L’07, were married in September 2008 at Danforth Chapel on the University of Kansas campus. Aimee is an associate attorney with the law firm of Riling, Burkhead & Nitcher Chartered in Lawrence. Ryan is an assistant district attorney for Wyandotte County. They reside in Kansas City, Kan. Carol J. Toland, L’08, began working as a legislative attorney for the American Law Division of the Congressional Research Service in Washington, D.C., in September 2008. Cheri Whiteside, L’08, joined Thompson & Knight LLP in the firm’s tax practice group in Dallas.
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Volunteer honor roll Many KU Law graduates donate time, energy and expertise mentoring and staging mock interviews with students, guest lecturing in law classes, judging moot court rounds, hosting alumni receptions, and volunteering on behalf of the law school during events such as Make a Difference Day. We value these contributions a great deal and want to acknowledge those who make them.
With that in mind we present the Volunteer Honor Roll. Names on the pages that follow represent volunteer contributions made from January 2008 through February 2009. We made our best effort to ensure the list is complete. If you are aware of any omissions or errors, please contact Mindie Paget at email@example.com or 785-864-9205.
Clockwise from top left: Representatives from area legal employers, including, from left,The Hon.Timothy Lahey, L’84, Linda Koester Vogelsang, L’ 91, Karyn Lopez, L’04, Walter Schoemaker, L’04,The Hon. Mike Buser, L’77,Terry Bezek,The Hon. Steve Leben, L’82, and Jabari Wamble, L’06, network with students at Legal Career Options Day in November; Scott Kaiser, L’03, right, of Shook Hardy & Bacon, visits with first-year law student Laurel Kupka during Legal Career Options Day; Kelley Catlin, L’05, right, of the Environmental Protection Agency, speaks with first-year law student Jade Freeman during the Mentor Reception in November at Green Hall;The Hon. Karen Arnold-Burger, L’82, a municipal court judge in Overland Park, stains playground equipment at Hilltop Child Development Center on Make a Difference Day; Patricia Konopka, L’94, of Stinson Morrison Hecker, speaks with Peter Chung of Lathrop & Gage at the 2009 Diversity in Law Banquet.
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alumni news Moot court judges The Hon. Carol Beier, L’85 The Hon. Mary Beck Briscoe, L’73 The Hon. Janice Miller Karlin, L’80 The Hon. Steve Leben, L’82 The Hon. John Lungstrum, L’70 The Hon. Lawton Nuss, L’82 The Hon. Dale Somers, L’71 Brett Watson, L’05
Dean’s Development Council Jennifer Bacon, L’76 David Elkouri, L’78 Christopher “Kit” Smith, L’72 Mikel Stout, L’61
New MEMBERS of Board of Governors J. Rod Betts, L’81 Kelly Campbell, L’92 Holly Dyer, L’94 Jon Gilchrist, L’88 Dorothy (Dottie) Ingalls, L’89 Peter Johnston, L’97 Tyrone Means, L’76 Kenneth Reeves III, L’74 Winton Winter Jr., L’78
CLICK here to view a complete list of board members
Diversity Advisory Council
Supervisors for clinical students
Dan Cranshaw, L’03 Laura Clark Fey, L’92 Cesar Alberto Herdoiza, L’80 Lana Knedlik, L’96 Ricardo Kolster, L’01 Patricia Konopka, L’94 Marcella Lee, L’94 Don Low, L’75 Janet Murguia, L’85 Kelley Sears, L’74 Joe Serrano, L’93 Damon Williams, L’02 Issaku Yamaashi, L’00 Holly Zane, L’86
John Bryant, L’01 Kristen Chowning-Martin, L’01 Steve Grieb, L’07 Heather Landon Jones, L’00 Jill Kenney, L’02 The Hon. Peggy Kittel, L’83 Marcia Knight, L’98 David Melton, L’98 Leon Patton, L’83 Elizabeth Rogers, L’07 Bethany Roberts, L’03 Michael Russell, L’88 The Hon. Dale Somers, L’71 Malissa Walden, L’03 Angela Wilson, L’97
Women’s Advisory Council
Make a Difference Day
Katharina Babich, L’91 Parthenia Evans, L’82 Amy Fowler, L’01 Cathy Havener Greer, L’76 Carrie Josserand, L’98 Madeleine McDonough, L’90 The Hon. Mary Murguia, L’85 Cathy Reinhardt, L’83 Elizabeth Schartz, L’88 Lisa Schultes, L’85 Stacey Warren, L’93 Jeanne Verville, L’85
The Hon. Karen Arnold-Burger, L’82 Marcos Barbosa, L’04 Cindy Basaure, L’83 Charles W. Cade, L’85 Jim Clark, L’75 Shelley Hickman Clark, L’76 Steve Grieb, L’07 Paula Hahn, L’81 Steve Harmon, L’74 Jerry Harper, L’74 Katie Harpstrite, L’07 Dennis “Boog” Highberger, L’92
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Karen I. Johnson, L’65 Calvin J. Karlin, L’77 The Hon. Janice Miller Karlin, L’80 Pam Keller, L’93 The Hon. Steve Leben, L’82 Ann McElhenny, L’80 Jim Pottorff, L’84 Judy Pottorff, L’84 Debbie Riley, L’89 Elizabeth Rogers, L’07 Alleen VanBebber, L’80
Hosts and other assistance for alumni and prospective student receptions Charlie Hostetler, L’63 Bill Jeter, L’75 Joseph Jeter, L’71 Norman Jeter, L’37 Eric Kuwana, L’91 Daniel Lyons, L’77 The Hon. Mary Murguia, L’85 Christopher “Kit” Smith, L’72 Debra Snider, L’99 Sarah Strunk, L’85
Miscellaneous Jo Hardesty, L’86 Brett Hattaway, L’96 The Hon. Janice Miller Karlin, L’80 Matthew Keenan, L’84 The Hon. Steve Leben, L’82 Miao Lin, L’08 Daniel Macias, L’03 Elizabeth Rogers, L’07 William Sampson, L’71 Saraliene Smith, L’07 Devin Sykes, L’08 David Trevino, L’07 Guillermo Zorogastua, L’07
Guest lecturers, speakers and panelists Chris Allman, L’89 Angie Atkinson, L’01 Eric Barton, L’93 Charles Branson, L’96 Charles W. Cade, L’85 Kelly Campbell, L’92 Gerald Cooley, L’59 Heather Counts, L’00 Kirt DeHaan, L’95 Michael Delaney, L’76 Shelley Diehl, L’91 Allison Eblen, L’06 David Elkouri, L’78 Laura Clark Fey, L’92 Charles Frickey, L’69 Heber Gonzalez, L’04 W. Rick Griffin, L’04 Anne Gusewelle, L’96 Emily Haverkamp, L’05 Martha Hodgesmith, L’78 Chris Howard, L’01 Scott Heidner, L’97 Bob Hoffman, L’93 Amanda Vogelsberg, L’07 Jody Joiner, L’93 Heather Landon Jones, L’00 The Hon. Janice Miller Karlin, L’80 Lana Knedlik, L’96 Patricia Konopka, L’94 Bradley Korell, L’97 Cory Lagerstrom, L’98 Jodde Lanning, L’80 Todd LaSala, L’96 Terry Leibold, L’96 Kelli Lieurance, L’05 David Lockett, L’05 Richard Lorenzo, L’99 Donald Low, L’75 Brad Manson, L’78 Robert McCulley, L’85 Laura McKnight, L’94 Stephanie Mendenhall, L’02 Erik Mikkelson, L’94 Jacy Moneymaker, L’07 Tom Mullinix, L’71 Christine Novak, L’97
The Hon. Lawton Nuss, L’82 Leon Patton, L’83 Anne Peressin, L’00 Jamie Porterfield, L’06 Jackie Pueppke, L’01 Shon Qualseth, L’97 Cathy Reinhardt, L’83 Matt Richards, L’99 Bethany Roberts, L’03 The Hon. Julie Robinson, L’81 David Roby, L’06 Sarah Ruane, L’06 The Hon. Janice Russell, L’77 Walter Schoemaker, L’05 Teresa Schreffler, L’06 Kelley Sears, L’74 Peter Sloan, L’85 Derek Teeter, L’06 Cheryl Trenholm, L’90 Suzanne Valdez, L’96 Jabari Wamble, L’06 Stanley Williams, L’81 Angela Wilson, L’97 Molly Wood, L’91 Holly Zane, L’86 Corey Ziegler, L’98
Mock interview program Mike Allen, L’05 Ryan Brunton, L‘02 The Hon. Michael Buser, L‘77 Frank Carella, L‘04 Jennifer Carter, L’04 Shaye Downing, L’05 Alphonso Eason, L‘02 Laura Clark Fey, L’92 Bart Howk, L‘06 Jehan Kamil, L‘05 Ricardo Kolster, L’01 Patricia Konopka, L’94 Todd LaSala, L’96 The Hon. Steve Leben, L‘82 David Lloyd, L’07 Katie VanWagner, L’05 Robert McCulley, L’85 Jack McInnes, L’04 Jacy Moneymaker, L’07 Katie Moore, L’06
SJ Moore, L‘06 Shannon O’Bryan, L’05 Chris Phelan, L’05 Richard Raimond, L’06 David Roby, L‘06 Gerhard Shipley, L‘01 Derek Teeter, L‘06 Matt Walsh, L’05 Jabari Wamble, L’06 Jennifer Webb, L‘00 Katherine Zogleman, L’03 Guillermo Zorogastua, L‘07
1L Mentors Katherine Allen, L’02 Michael Allen, L’92 Collin Altieri, L’01 Eric Aufdengarten, L’03 Marcos Barbosa, L’04 Ian Bartalos, L’00 Catherine Bell, L’07 Matthew Bell, L’03 Kara Bemboom, L’06 Gregory, Benefiel, L’06 Betsy Blake, L’85 John Bodle, L’89 Gerald Brenneman, L’85 Randall Butler, L’04 Mark Buyle, L’91 Sheryl Cajanding, L’05 Molly Carella, L’04 Jennifer Carter, L’04 Kelley Catlin, L’05 James Clark, L’75 Mark Cole, L’07 Braxton Copley, L’92 Matthew Corbin, L’03 Tiffany Cornejo, L’05 Dan Cranshaw, L’03 Toby Crouse, L’00 Jonathan Dilly, L’07 Michael Donohue, L’00 Lori Dougherty, L’06 Shaye Downing, L’05 Alphonso Eason, L’02 Kyle Elliott, L’93 Anne Emert, L’05 Mark Emert, L’05
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alumni news Lisa Fewins, L’06 Michael Fischer, L’07 Vera May Gannaway, L’94 Mary Katherine Gates, L’07 Matthew Gaus, L’06 Sarah Geolas, L’03 Heber Gonzalez, L’03 Emily Haverkamp, L’05 Marie Haynes, L’05 Brandon Henry, L’03 Diana Hickey, L’05 Martha Hodgesmith, L’78 Amanda Vogelsberg, L’07 Krista Howard, L’02 Ryan Huschka, L’07 Jonathan James, L’04 Lawrence Jenab, L’02 James M. Johnson, L’04 Jody Joiner, L’93 Heather Landon Jones, L’00 Jehan Kamil, L’05 Aisha Khan, L’04 Ricardo Kolster, L’01 Leah Kraft, L’05 Chad Lamer, L’04 Kurt Lewis, L’00 David Lloyd, L’07 David Lockett, L’05 Richard Lorenzo, L’99 Maren Ludwig, L’08 Wendy Lynn, L’07 Bradley Maddock, L’04 Kathleen Maddock, L’03 Jason McClasky, L’02 Jack McInnes, L’04 Stephanie Mendenhall, L’02 Matthew Merrill, L’99 Trey Meyer, L’99 Katharine Milberger, L’05 Martin Miller, L’81 Scott Miller, L’94 Jacy Moneymaker, L’07 Mark Newcomer, L’08 Michael Nichols, L’07 Heather Tombs, L’07 Steven Passer, L’91 Robert Ramsdell, L’99 Erika Rasmussen, L’06
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Christopher Redmond, L’71 Peter Riggs, L’04 Bethany Roberts, L’03 Elizabeth Rogers, L’07 Shawn Rogers, L’98 Sarah Ruane, L’06 Chandra Ruyle, L’04 Erin Schilling, L’04 Walter Schoemaker, L’05 Lisa Schultes, L’85 Kenzie Singleton, L’02 Cary Smalley, L’05 Branden Smith, L’06 Rachel Smith, L’99 Saraliene Smith, L’07 Chad Sublet, L’06 John Thompson, L’08 Emily Vijayakirthi, L’04 Jabari Wamble, L’06 Kelli Wikoff, L’06 Clifford Wiley, L’83 Stanley Williams, L’81 Susan Wilper, L’01 Edward Wilson, L’00 Matthew Wiltanger, L’97 Kevin Yoder, L’02 Katherine Zogleman, L’03 Guillermo Zorogastua, L’07
Legal Career Fairs Thomas Addair, L’02 Steve Allton, L’04 Eric Aufdengarten, L’03 Diane Belquist, L’02 Kyle Binns, L’07 Betsy Blake, L’85 Jack Brooks, L‘05 Ryan Brunton, L’02 John Bryant, L’01 The Hon. Mike Buser, L’77 Randall Butler, L’04 Kathy Butterfield, L’86 Sheryl Cajanding, L’05 Emily Caron, L’02 Kelley Catlin, L’05 Jennifer Carter, L’04 Meryl Carver-Allmond, L’06 Natalie Chalmers, L’07
Crissa Cook, L’07 Braxton Copley, L’92 Michael Delaney, L’76 Shelley Diehl, L‘91 Alphonso Eason, L’02 Katherine Elliott, L’05 Mark Emert, L’05 Beth Evers, L‘06 Brennan Fagan, L’01 Darron Farha, L‘01 Carl Folsom, L’05 Mary Katherine Gates, L’07 Matthew Geary, L’01 J. Michael Gillaspie, L’77 Ezra Ginzburg, L‘92 James Glackin, L’00 Jarod Goff, L’02 Matthew Gough, L’05 Steve Grieb, L’07 Lindsay Hare, L’05 Marilyn Harp, L’79 Stefani Hepford, L’03 Diana Hickey, L’05 Martha Hodgesmith, L’78 Lisa Hoebelheinrich, L’96 Lawrence Jenab, L’02 Scott Kaiser, L’03 Brandon Kane, L’05 Wiley Kannarr, L’95 Aisha Khan, L’04 Ricardo Kolster, L’01 Patricia Konopka, L’94 Michele Kessler, L’87 Jehan Kamil, L’05 Adam LaBoda, L’04 The Hon. Timothy Lahey, L’84 Chad Lamer, L’04 The Hon. Steve Leben, L’82 David Lloyd, L’07 Sam Logan, L’90 Karyn Lopez, L’04 Katie VanWagner, L’05 Mary McDonald, L‘88 Jay McFadden, L‘77 Janet McKillip, L’02 Trey Meyer, L’99 Casey Meyer, L’05 Vicki Miller, L’93
Mary Diane Minear, L’04 Michael Nichols, L’07 Andrew Nolan, L’98 James Nordstrom, L’69 The Hon. Lawton Nuss, L’82 John Patterson, L’05 John Pauls, L’91 Jim Pottorff, L’84 Judy Pottorff, L’84 Blake Reeves, L’98 Stephen Reynolds, L’71 Bethany Roberts, L’03 Elizabeth Rogers, L’07 Shawn Rogers, L’98 Leland Rolfs, L’76 James Rosenthal, L’03 Demetra Salisbury, L’06 Walter Schoemaker, L‘04 Brian Sheern, L‘04 Gerhard Shipley, L’01 Gregory Skoch, L’00 Saraliene Smith, L‘07 Philip Stein, L’05 Charles Thoman, L’04 Carol Toland, L’08 David Trevino, L’07 Linda Koester Vogelsang, L’91 Jabari Wamble, L’06 Clifford Wiley, L’83 Stanley Williams, L’81 Jay Witt, L’05 Steve Woodsmall, L’85 Holly Zane, L‘86 Aaron Zarchan, L’99 Guillermo Zorogastua, L’07
Alumni network strengthens law school
hen I think about the alumni and friends I’ve had the privilege to meet since joining the KU Law team in November, two qualities immediately come to mind: generosity and appreciation for a great legal education. Our alumni serve on panels, teach CLEs, conduct mock interviews, bring donuts during finals, attend lectures, host recruitment parties, act as mentors, sit on advisory boards and judge moot court rounds. And the students notice. Specific networking opportunities have included the “Return To Green” CLE, where we welcomed some 120 alumni for an informative and enter-
REUNION WEEKEND Reunion Weekend is coming for the classes of 1969, 1979, 1984, 1989 and 1999. We will let you know when we lock in a date for the event, which will be an excellent opportunity to catch up with classmates and meet other Green Hall alumni. Stay tuned for more details. If you would like to help with planning, please contact me: firstname.lastname@example.org 785.864.9281
Director of External Relations taining seminar taught almost entirely by KU Law alumni; the inaugural meeting of the Women’s Advisory Council and the Diversity Advisory Council; many summer associate and alumni receptions; the Diversity in Law Banquet, which garnered record sponsorship, at-
summer events June 26 Salina reception Host: Connie Achterberg @ Salina Country Club July 15 Wichita reception Host: Foulston Siefkin LLP July 23 D.C. reception Host: Shook Hardy & Bacon LLP July 28 Houston reception Hosts: Dan & Maryanne Lyons and David & Debbi Elkouri If you live in or near these cities, please note the dates and check back on the Web site for more details.
tendance and donations; the homecoming reception; and Make a Difference Day. Alumni who participate in these events and so many more strengthen the law school in immeasurable ways. Through your active involvement, you have shown students that they have an incredible support system beyond the walls of Green Hall. The Class of 2009 recently joined the proud ranks of KU Law alumni. They are beginning their professional careers with a sense of excitement, confident that a vibrant and informed network of fellow graduates are willing to answer questions, provide guidance and offer an understanding ear. Thank you for all that you do!
stay in touch As the law school uses the Internet more frequently to communicate with alumni, it is important for your contact information to be current, especially e-mail. We want you to have the most up-to-date information from KU Law. Please contact me with any changes to your contact information. If you need help with anything else, please feel free to contact me: email@example.com 785.864.9281
KU LAW MAGAZINE 53
The Way We Were
Witnesses recall supreme visitors
little more than a year ago, Chief Justice John Roberts visited KU Law and judged the final round of the moot court competition. When we featured his visit in the Fall 2008 edition of the KU Law Magazine, we printed a list of other Supreme Court justices who have been to the law school through the years. It included Justices Ruth Bader Ginsburg, Clarence Thomas, Antonin Scalia, Stephen Breyer, Byron White and Wiley Blount Rutledge. We failed to point out that the list was not exhaustive. A number of astute KU Law faculty and alumni drew our attention to some of the distinguished visitors whose names and photos did not appear in the magazine. Professor Steve McAllister, L’88, noted that Justice William Rehnquist visited in the 1970s, when the law school was still in “old” Green. “The pictures of his visit are fabulous, with his sideburns and very wide 1970s tie,” McAllister said. “Justice Harry Blackmun visited around 1983, drawing Roe v. Wade protests which I remember clearly as an undergraduate student at
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the time. Justice Sandra Day O’Connor came a year or two later, giving a lecture in old Hoch Auditorium, and Justice William Brennan visited in 1986, while I was a law student. Lastly, retired Justice Arthur Goldberg visited in maybe spring of 1988, again while I was a law student, and he presided over a very amusing moot court proceeding pulled together specifically for his visit. I remember, though do not necessarily believe, his advice to me that a lawyer before a court could say just about anything so long as it was prefaced by the phrase ‘with all due respect.’” Indeed, as these pictures show, Justice Blackmun visited in the spring of 1983, and Justice O’Connor spoke informally at the law school in 1984 while at KU to deliver the Vickers Lecture. Justice Rehnquist is pictured at right during a news conference the day before he gave the Stevens Lecture at Woodruff Auditorium. Let us know if you recall other visits.
In memoriam Frederick G. Apt Jr., L’56, Iola, Kan., December 11, 2008 John W. Brookens, L’41, Marion and Westmoreland, Kan., March 16, 2009 Dale Bruce, L’41, Wichita, Kan., October 20, 2008 Gary F. Conklin, L’63, Westmoreland, Kan., October 28, 2008 Marc D. Conklin, L’91, Kansas City, Kan., March 25, 2009 Catherine Anderson Crittenden, member, Class of 1985, Wichita, Kan., April 20, 2009 Judith Emick DuChateau, L’85, St. Louis, Mo., November 25, 2008 Jason B. Harper Sr., L’86, Germantown, Md./New York, N.Y., February 16, 2009 Bill House, L’39, Arkansas City/Cedar Vale, Kan., March 8, 2009 Norman W. Jeter, L’37, Hays, Kan., April 16, 2009 Ervin G. Johnston, L’51, Overland Park, Kan., February 16, 2009 Robert P. Keenan, L’49, Great Bend, Kan., October 25, 2008 Robert B. Lester, L’77, Rocklin, Calif., January 7, 2009 Richard “Rick” Liby, L’93, Denver, Colo., April 23, 2009 Howard L. Lydick, L’56, Richardson, Texas, August 5, 2008 Andrew J. Mullin, 2L, Lawrence, Kan., October 18, 2008 Cliff W. Ratner, L’54, Wichita, Kan., April 19, 2009 The Hon. James L. Rose, L’62, Colorado Springs, Colo., November 14, 2008 Donald E. Schrag, L’78, Wichita, Kan., December 14, 2008 Daniel J. Stangle, L’75, Park Falls, Wis., August 21, 2008 Betty van der Smissen, L’52, Fayetteville, Ark., November 6, 2008 Thomas C. Wallingford, member, Class of 1965, Leawood, Kan., October 3, 2008 Robert C. Wooton, L’66, Kansas City, Kan., February 13, 2009
UPCOMING events JUNE 18 KU Law Luncheon at KBA Annual Meeting
June 26 Salina Area Alumni Reception
July 15 Wichita Area Alumni Reception
JULY 16 Kansas Women Alumni Reception at KWAA annual conference
July 23 Washington, D.C., Area Alumni Rception
July 28 Houston Area Alumni Reception
GIVING BACK to your alma
mater shows that you appreciate the high-caliber education you received. Gifts of all sizes matter, and 100 percent of your donation supports the area of your choice. By making a $1,000 annual gift to the KU School of Law, you will be recognized as a member of the Deans Club. Making a gift is just a click awayâ€”simply visit kugiving.org/givenow. Giving online is easy, fast and secure. What better way to show your passion for KU?
Please send us your current e-mail address so we can keep you informed of event details