KU Law Magazine | Spring 2007

Letter from the Dean Dear KU Law Alumni: During my first academic year as dean of this great institution, I have taken some wonderful journeys around the state of Kansas and beyond to get to know the extended KU Law family. I have heard great stories about Fun Day at Professor Oldfather’s farm and co-ed watching on the steps of Green Hall in the shadow of the statue of Uncle Jimmy. More recent alumni have shared their memories of the traditional walk to “old Green” and moot court arguments in the beautifully renovated Frank L. Snell Court Room in “new” Green Hall. You have shared with me your gratitude to Martin Dickinson and Mike Davis for shaping your careers and to Chuck Briscoe, Dennis Prater and Jean Phillips for teaching you to be “real” lawyers. You have inquired after your favorite teachers. Bill Westerbeke and Keith Meyer are two of the most frequently mentioned.

I spend most of my days, though, in Lawrence at the law school getting to know the talented, diverse and accomplished women and men who make up our current student body. Many cold afternoons have found me with my faculty colleagues Laura Hines and John Peck in the Rice Room talking with 25 especially gifted and accomplished young Kansans who are candidates for our most prestigious and competitive scholarship program, the Rice Scholars. Each day, whether talking with a successful lawyer-alumna, a current student or an anxious applicant for admission, I am reminded anew of the power of public legal education to change lives. And, in that, KU Law has succeeded beyond any reasonable expectation.

In the upcoming months you should expect to hear more from your law school. The current third-year class started a new tradition of inviting our alumni to join them at the Barristers’ Ball. This year the state judiciary was particularly well represented at the ball by Justice Carol Beier and Judge Joe Pierron. We were also thrilled to welcome home dozens of law alumni for the Diversity in Law Banquet, including the evening’s speaker Robert Correales (L‘91), assistant professor at the University of Nevada Las Vegas William S. Boyd Law School. On May 4, I invited members of the Dean’s Club to join me in recognizing and honoring the recipients of the James Woods Green Medallion. With Kevin Kelly’s (L’89) arrival as our first director of outreach activities, we are continuously looking for opportunities to improve our communications with our alumni and friends. I hope to meet more of you in the next year in the course of my travels or here at new Green Hall on the beautiful campus of the University of Kansas.

I also want to take this opportunity to thank you for your financial support. In this time of reduced state support and tight budgets, your support determines whether your law school will be in the ranks of the nation’s great public law schools. Because of your generosity, we were able to provide some financial support to more than 250 of our students. Thirty aspiring litigators were able to participate in moot court competitions. Your gifts enabled our faculty to conduct research and attend workshops in their fields of expertise and brought notable speakers to our campus. Your unrestricted gifts permit us to respond to unanticipated opportunities or to address unexpected problems. We are grateful to those of you who give back to ensure that the generations who follow you will have the opportunity to receive a superior legal education at KU Law. In my short time here, I have come to know this as a special place. Its past is storied; its achievements great. The 6,400 living alumni who know KU Law as “my law school” are serving powerful clients in the most prosperous law firms in the country and dispossessed clients in over-extended legal aid offices in the poorest communities in America. Some of you answer to “Judge,” “Representative” or “Senator.”

You run businesses and lead in your communities. Your many and varied achievements inspire our current students as they look forward to pursuing their own professional goals. With your help, we will strive to reach even greater heights in the years ahead.

Gail B. Agrawal Dean and Professor of Law

Table of Contents

Letter from the Dean

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Featured Article: Judicial Independence

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Sidebar: Judge Bullock Retires

Green Hall News

Room Dedications Recognize Support

Defender Project in National Jurist Magazine Law Review Symposium:

Universal Health Coverage

Tribal Law & Government Conference

Stacy L Cherokee Nation

New Faces in Administration

Students Volunteer in Gulf Coast Area

Scholarship Reception

KU Law Alumni Weekend Planned

International Law Corner, by John W. Head

Book Donation to UAE Law School

n School of Law The University of Kansas 1535 W. 15th Street Lawrence, KS 66045-7577 Tel: (785) 864-4550 Fax: (785) 864-5054 n Email: kulaws@ku.edu Internet: www.law.ku.edu n CONTRIBUTORS: Gail Agrawal, Dean Diana Lee, Editor Contributor: Sandy Patti Contributor: John W. Head Photo Credits: Steve Puppe, Earl Richardson, University Relations Graphic Design: Jackie Berra contact@jberradesign.com

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Alumni News

Memorial to Professor Emeritus William A. Kelly

Alumni Notes

Scenes from Commencement

Judicial

Independence

by Diana Lee, L’2003

n

Demand for increased oversight of the judiciary has been an issue nationally for some time. This was brought home loud and clear in Kansas with the controversial school finance case, State v. Montoy.

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Unversity of Kansas: School of Law

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n The case In December 2003, Judge Terry L. Bullock, L’64, issued a decision in Montoy. He said the Kansas Legislature was failing to meet its duty under article 6 of the Kansas Constitution to provide Kansans with a suitable education. The case was brought in 1999 by the parents of students in Dodge City and Salina school districts and 14 mid-sized school districts. The suit claimed children were not receiving a suitable education because the state spent too little on education and unfairly distributed education funds, harming poor, minority and special-needs children.

Almost immediately, disagreements began over the appropriateness of the decision. Kansas attorneys, including many people affiliated with KU Law, became involved in the case as judges, legislators, attorneys representing the litigants and expert witnesses for the Legislature.

Attorneys across the state held a variety of opinions about the case. Some believed the court had exceeded its authority and considered the decision a violation of the separation of powers doctrine. Others viewed it as an appropriate exercise of judicial authority and nothing more than a matter of the judiciary carrying out its proper role in enforcing the constitution.

This difference became the dividing line for discussion of the proposals to exert increased authority over state judges, which arose as a result of the Montoy case.

If the initial decision had created a heated situation, this was only increased by Bullock’s order at the conclusion of the 2004 session of the Kansas Legislature.

He said public schools should not open until the Legislature took action to address the court’s finding of unconstitutionality by appropriating additional funds for K-12 education. Bullock had initially declined to order a specific remedy, but said he had no choice when the 2004 session yielded no additional funding.

On appeal, the Kansas Supreme Court immediately set aside Bullock’s order to keep schools closed. In January 2005, the court agreed the education funding law violated the Kansas Constitution’s guarantee of a suitable education and deferred issuance of a remedial order until April 15, 2005, to give the Legislature a chance to correct the constitutional violations.

The Legislature attempted to address the court’s ruling by passing a bill to provide an increase in education funding ($142 million in additional funds under H.B. 2247) during the regular 2005 legislative session. In June 2005, the supreme court ruled the $142 million increase was insufficient and gave the Legislature until July 1, 2005, to appropriate an additional $143 million.

Governor Kathleen Sebelius called the Legislature into special session on June 22, 2005. Though the legislature did not

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Unversity of Kansas: School of Law

penalty unconstitutional (State v. Marsh). Yet, these issues continue to resonate with attorneys. n Judicial independence and the role of courts meet the court’s deadline, when the court issued a show cause order, the Legislature adopted S.B. 3, which appropriated another $148.4 million for K-12 education. The bill was signed into law by Governor Sebelius later that month. The supreme court approved the new law as a temporary fix.

As a more permanent solution to the constitutional problem, in May 2006, the Legislature passed, and the governor signed into law, S.B. 549. It provides $446 million in education funding over three years.

In a 4-2 decision, the Kansas Supreme Court dismissed the school finance case on July 28, 2006.

Amidst the wrangling over legislation specifically related to the funding issue, a variety of related constitutional amendments were introduced in the Legislature. Some of them sought to increase oversight of judges, largely through changes to the appointment process, while others attempted to clarify judicial authority under the Kansas Constitution.

The latter were intended to address a perceived imbalance in the separation of powers among the three branches of government in Kansas. Still other proposals attempted to make changes to the constitution’s school finance provisions. To date, none of these proposals has been adopted.

In the aftermath of the Montoy case, there are continuing questions. Among them are whether there is an imbalance in the separation of powers calling out for redress and what constitutes the proper and appropriate role of the judicial branch.

Discussions of judicial independence, the appointment process and election of appellate judges were largely sparked by the Montoy case and a 2004 ruling by the Kansas Supreme Court declaring the state death

While most lawyers agree judicial independence is something to be highly valued, there are vast differences of opinion as to what the optimal balance is between independence and ensuring the judicial branch stays within its appropriate role.

Lance Kinzer, L’95, who represents district 14 in Olathe in the Kansas House of Representatives, said he believes strongly in an independent judiciary that is able to conduct business within its proper role without interference.

“I think that one of the responsibilities of an attorney is to attempt to defend the rule of law,” he said. “It is important as an attorney to convey that we have a judicial system that works. The courts are a good and proper place to resolve disputes and important to a stable and functioning society. I would never want to undermine people’s confidence in that system.”

Kinzer is concerned, however, with what he sees as an increasing tendency to turn to the judiciary for resolution of political problems.

“I really believe that under our system of government, political questions are to be settled through the democratic process rather than the judicial process,” he said. “The judicial, legislative and executive branches all function best when they stay within their proper roles. My view is not intended to be a criticism of the judicial branch as a whole, but rather a recognition that there is a balance that needs to be respected.”

However, Bullock said because the school finance case involved a constitutional question the court was firmly within its authority to hear the case.

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“There are very few things in the constitution, but a whole chapter on education,” Bullock said. “We’ve had a whole chapter on education all the way back to territorial days, even before we were a state. That was one of the few fundamental things that was important to the people. The constitution provides exactly what the Legislature is supposed to do, and it is the responsibility of the courts to enforce the constitution.”

Kinzer says he believes the judiciary does not have the authority to order the Legislature to appropriate funds, and he is concerned with what he perceives as an attempt by

forward. We didn’t say how much. We said you know how much, so just do it.”

the courts to do so in the Montoy case.

Bullock does not agree.

“I’m not sympathetic to the argument, ‘You should have let us do it,’” Bullock said. “I deferred to them, and they declined to act. I thought it would be difficult, in the abstract, to say what dollar amount would make an adequate education for every child, but not in this case because the Legislature had commissioned a study by the most qualified people in the nation who had reported to them, under their own criteria, what was required. That evidence was not disputed, nor was any conflicting study brought

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Unversity of Kansas: School of Law

Richard Levy, KU professor of law, is an expert in the legislative process.

He served as a non-partisan advisor to the Legislature during the school finance case. He presented testimony regarding constitutional questions and the Legislature’s options for responding to the court. He said it is hard to argue it was inappropriate for the courts to become involved with the school finance case, but does have concerns about the difficultly of enforcing a decision in a case like Montoy.

“To my mind the more troubling question is how

could have said, ‘We’re not doing anything more.” If the

does the court enforce a decision in this area,”

people respect the court and trust it to be right, they

Levy said. “If you give an order to a single person,

will pressure the Legislature to do something. If not, the

that person can make the choice to comply or not.

Legislature or governor will simply ignore the court.”

But the Legislature doesn’t work that way. You have to get a majority. And you might even have

Levy said members of the bar have an important role to

a majority that wants to comply, but can’t agree

play in maintaining the integrity and authority of the courts.

on how to do so. There is often a gap between what the courts say the constitution requires

“The way to respond to these kinds of concerns is for

and what actually happens down the road. You

the profession generally and, maybe to a larger extent,

only have to look at the aftermath of Brown v.

academia, to emphasize the importance of craftsman-

Board to see that. The experience of Kansas and

ship in judicial decision making,” Levy said. “As long as

every other state that has confronted this problem is that once the court undertakes this task, you have a tiger by the tail. How do you let it go without getting bitten?”

Levy does not believe the problem of enforcement should keep a court from doing its job, however.

“I don’t think it follows that the court should decline to say what the constitution requires or identify the Legislature’s failure to do its duty,” he said.

Stephen McAllister, L’88 and KU professor of law, who served as legislative counsel at the end of the school finance case until March when he resigned to take on other projects, shares Levy’s concerns.

He said courts should not necessarily become involved in a controversy just because they have the authority due to the difficulty of enforcing their decisions.

judges are doing their best to get the right answer, that is the way you check judges. It is incumbent upon academ-

“There is a prudence check on courts that

ics to call errors in reasoning or failures to adhere to the

should be self-imposed,” McAllister said. “If

norms of craftsmanship to the attention of the people.”

the court reaches out egregiously and becomes involved, it runs the risk of ruining respect for

Charles Branson, L’96, Douglas County District

the institution. This makes courts appear more

Attorney, agrees judicial independence is important,

political and leads to the public treating them as such. At the end of the day, the Legislature

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a couple of trends that represent threats to the independence of the Kansas judiciary. but does not believe any branch of government in Kansas is overstepping its authority.

“I think the three branches are well settled out,” he said. “Our system has worked well for hundreds of years. In this state there is certainly friction between the legislative and judicial branches because of the school finance case, but any time you get into a situation of the court reviewing a decision the Legislature has made, you are often going to get crossways.”

Further, Branson believes the claims of judicial activism that have been leveled at the judiciary are a product of dissatisfaction with outcomes.

“Judges are asked to take on an active role,” he said. “The legal system, by its very nature, is an adversarial system. Half the people are going to lose and think judges are awful.

This so-called judicial activism is simply a product of people not liking decisions.”

Wichita attorney Jack Focht handles a

“There is a board-game mentality of ‘I win, you lose,’” Focht said. “There is also a lack of appreciation of and understanding of the three branches of government and a desire for the majority to control everything. You see that in the Legislature.

They want to be the people in power, in control. You also see it with private citizens and industry where they want to be in control of judicial decision making.”

Focht is concerned about a potential loss of independence in the judiciary because he believes this could lead to a chilling effect on judicial decision making and an erosion of the foundations of our legal system.

“In part, the minority, whatever the minority is, loses all protection from the majority,” Focht said. “If you are afraid to rule on something, even if it is right, this does away with stability. One of the things important to the rule of law is predictability. And just because you have a majority in favor of something doesn’t mean we should bend to that.”

large number of professional responsibility

n

cases in which he represents attorneys.

The appointment process

He is president and a founding member of

In addition to bills specifically addressing

the Kansas Appleseed Center for Law and

education funding, in response to

Justice, an organization formed to tackle

Montoy and other controversial

systemic problems in the legal profession.

decisions, the Legislature has considered

He is also involved with the Kansas Center

constitutional amendments that

for Simple Justice, an organization created to

would change the process by which

combat legislative attempts to exert increased

appellate court judges are appointed.

control over the judiciary. Focht said he sees Kinzer has been a strong proponent of a change in the process of selecting appellate

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Unversity of Kansas: School of Law

Judge Bullock Retires

Bullock and Dean Gail Agrawal

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a change to Senate confirmation of appellate judicial appointees.

“There is a general frustration with a nominating process that is largely controlled by lawyers,” Kinzer said. “The majority of court judges. Under the current system,

the people on the nominating commission

often referred to as merit selection, a

are lawyers, and they are elected by

judicial nominating commission selects

lawyers. There is no accountability under

three names from the list of applicants,

the current system. The governor and

and the governor selects one of the three

senators would have to explain to the

nominees to fill the vacancy. Judges

people the process by which they will

stand for a retention election every six

make their decisions about selecting new

years. By contrast, Kinzer favors changing

appellate judges as they campaign.”

to a system in which the governor independently makes an appointment

Focht sees nothing wrong with

that must be subsequently confirmed by

lawyers having a lot of influence.

the Senate, like the federal system.

“What’s wrong with lawyers having a great Focht does not see any benefit to a

deal of say in who are the best candidates

switch to the federal selection system.

to fill an appellate position?” Focht said.

“Any study will tell you the general public

“Senatorial confirmation hearings on the

knows nothing about sitting judges, let

federal level are kind of a joke,” he said.

alone candidates for the bench.”

“They don’t really attempt to ferret out anything to do with the qualifications

Branson agrees.

of the person. They are more likely to listen to the people who elect them and

“We should be the ones best capable of

worry more about their own electability

determining who the best candidate is

than selecting the best person.”

because we are best able to assess their legal reasoning and thinking abilities on

McAllister contends it is appropriate

a professional basis, whereas the public

to consider proposals to change the

might determine on an outcome basis,”

selection system on their merits.

he said. “As lawyers, we know that no one can win every case and that there are

“It is hard to argue appointment by

other more important considerations.”

the governor and senate confirmation does not work when that is the federal

Furthermore, Branson believes there

system,” McAllister said. “On the other

is nothing to be gained by changing

hand, in our state, merit selection seems

the appointment system.

to work well. Why tinker with something that seems to be working well?”

“Senate confirmation would not do anything other than turn it into a political process,”

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Kinzer believes increased accountability

he said. “Since the governor only gets to

and transparency would result from

select from the three names presented by

Unversity of Kansas: School of Law

Hall was defeated in the 1957 Republican primary, the nominating commission, I think it is hard to say they have been hand-picked. It is fundamentally a peer-review system where your peers have said you are the most qualified to be selected.”

McAllister agrees that merit selection is likely less political than other models, but questions the assumption politics has no role to play in the selection of judges.

“We want a floor level of competence, but beyond that there are a lot of talented lawyers who could be judges,” McAllister said. “So why not let the governor select the people she thinks would better serve the things she is interested in? And the confirmation process offers a check from another branch, so it isn’t left solely to the governor’s discretion.”

Focht said criticism of the selection system is rooted in a desire for control, not genuine dissatisfaction with the quality of appointees.

“We see wonderful candidates submitted to the governor from the nominating commission,” he said. “And I have never heard criticism of the candidates. Only of the process.”

Bullock also believes the current process of merit selection should be retained. He points to the incident that led to the change from election of judges to our current system as the perfect example of why it is more appropriate.

“We had an incident called the Kansas triple play,” he said, “We had a governor named Fred Hall, who was believed by many to be a bad governor and perhaps dishonest. There was a great campaign waged to get rid of him, and it was successful.”

stopping his bid for re-election as governor in its tracks. This set into motion an extraordinary turn of events that led to the end of the use of judicial elections to select appellate court judges and adoption of the merit system.

“In the hours before the inauguration of the new governor, there was a secret meeting in the office of the chief justice in the dark of night, and Hall resigned,” Bullock said. “The lieutenant governor was then sworn in as governor for one day. The chief justice retired and handed his resignation to the lieutenant governor, who appointed Hall to be the new chief justice of the supreme court. The people of Kansas said, ‘Enough! Get the politics out of it.’”

Levy points out a fundamental logistical problem that would result from adoption of the federal system of appointment in Kansas.

“The Legislature is only in session from January through April or May,” he said. “It might be necessary to call a special session or have substantial delay in selecting new judges.” n Agreement Whether they are taking into consideration the reason behind the state’s shift away from judicial elections or not, members of the Kansas bar seem to be largely in agreement they do not favor a return to election of appellate court judges.

Focht said his observation of judicial election in Sedgwick County causes him great concern about using elections to select appellate court judges.

“Sitting judges, especially trial-court judges, pander to the electorate,” he said. “They know lawyers

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money for a campaign and maintain any appearance of impartiality. Of course, I am an elected official and I do take money for my campaign, but the role of judges in the process is different and viewed differently.” aren’t going to get them elected. In the

Levy said he views the promotion

2006 elections, some lawyers gave $500

of judicial elections as mostly being

to each judge running. Some firms gave

rooted in an anti-lawyer viewpoint.

$250 to each side. That’s ridiculous. I give money to a judge I really want to see win.”

“As a non-member of the profession, you

Focht said his experiences indicate judges

could make the argument that of course

are highly aware of who donates to whom.

lawyers would oppose popular elections because lawyers have all the control now,”

“I once told a judge I agreed with his decision,

he said. “Those who hold the populist,

and he said that meant even more to him

anti-lawyer sentiment tend to hold the

because he knew I’d contributed to his

position that lawyers should not be judges.

opponent in the last election, “Focht said.

So they might favor elections to keep

“The donations shouldn’t have anything to do

lawyers from controlling the judiciary.”

with justice. I recognize we aren’t going to have a pure, perfect system, but money talks.”

There also seems to be broad agreement on a system of evaluations for judges.

Kinzer does not favor election of

Attorneys, judges and legislators affiliated

appellate judges, either.

with the Kansas Judicial Council developed a proposal to produce anonymous evaluations

“I am fine with the current system at the

of judges up for retention elections, which the

district level of the local districts deciding

judicial council proposed to the Legislature

how judges will be selected, but I think there

in 2006. The Legislature agreed with the

would be too many negative ramifications of

recommendation, approving the creation of

adopting elections for selection of appellate

the Commission on Judicial Independence

judges,” he said. “We can add accountability

as part of the Kansas Judicial Council.

to the appellate judge selection process, without the negatives of judicial elections, by

The evaluations are intended to assist voters

more closely mimicking the federal process.”

in deciding whether to retain judges, provide judges with feedback on their performance,

Branson agrees election of appellate

and increase the accountability of the judiciary

court judges is not desirable. He believes

to the people. This program will enable

elections would undermine the appearance

voters to make more informed decisions

of impartiality in the judiciary.

without sacrificing judicial autonomy or changing the current selection process.

“I am very against election of judges,” he said. “I don’t believe that judges should

Levy said this commission appears to have

be raising money and running campaign

been designed to provide accountability

ads. I don’t know how you separate out a plaintiff or defendant who has given a judge

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Unversity of Kansas: School of Law

and internal monitoring without undue pressure

“A lot of people see Montoy as an example

for judges to create particular outcomes.

of a flawed system that couldn’t get it right,” Levy said. “Maybe I’m naive, but I see it as

“It is really designed for the judiciary internally

a system that worked. The supreme court’s

and to improve the functioning of judges

decision addressed significant problems and the

and courts, rather than as a method to try to

Legislature did not like the court’s involvement,

control the judiciary externally,” he said.

but it responded. This resulted in a fairly reasonable, workable solution for both sides.

Branson said he is in favor of making more

Both the judiciary and the Legislature can be

information about judges available.

commended for working out their problems, rather than having the issues degenerate into

“I believe we should have a method of

a scorched-earth policy in which the courts and

reviewing judges’ performance,” he said.

the Legislature, as institutions, were damaged.”

n Conclusion Both McAllister and Levy said they ultimately see the resolution of a controversial case like Montoy as a sign our democracy and judicial system are healthy.

McAllister points out that despite disagreements over particular outcomes, our form of government continues to function. He said the United States Supreme Court case Bush v.

Gore, which dealt with selection of the 2000 presidential election, is a good example of this.

“Even with a controversial decision like Bush v. Gore, where arguably the court should not have become involved, we have a president and we moved on,” McAllister said. “There was a lot of criticism of the decision and the outcome, but not civil disobedience.”

Levy said he views Montoy as an example of how government is supposed to work.

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Green Hall

News

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Unversity of Kansas: School of Law

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16 Unversity of Kansas: School of Law

Law firms’ support recognized through naming of rooms Three rooms on the first floor of Green Hall have been named in recognition of law firms that have shown extraordinary support for KU Law: The Hinkle Elkouri Law Firm LLC Conference Room, the Polsinelli Shalton Welte Suelthaus PC Seminar Room, and the Stinson Morrison Hecker LLP Lecture Hall.

Dean Gail Agrawal presented the rooms in a dedication ceremony on Sept. 6, 2006, which included brief remarks by Dean Agrawal; Mike Davis, Centennial Teaching Professor of Law; Dan Calderon, Student Bar Association President; and representatives of each firm.

A luncheon in the Rice Room followed.

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Defender Project recognized

by National Jurist magazine The Paul E. Wilson Defender Project’s success in earning a client a new trial received national recognition in the National Jurist magazine.

Jean Phillips, clinic director

In the summer of 2006, students and staff obtained a new trial for Dodge City, Kan., client Alma Monreal. Monreal was convicted of second-degree murder in 2001, but the appellate court agreed with her Defender Project attorneys that she received inadequate representation from her trial attorney.

The publication celebrated the clinic’s achievement in its National Jurist Clinical Honor Roll, a feature highlighting noteworthy successes from law school clinics across the United States.

The Defender Project provides second and third-year law students with the opportunity to represent federal and state prisoners in appellate and post-conviction litigation in state and federal court under the supervision of staff attorneys.

18 Unversity of Kansas: School of Law

Elizabeth Weeks

Law Review Symposium explores universal health coverage In choosing to focus on health care reform, the 2006 University of Kansas Law Review Symposium hit on an issue of broad-based interest to members of the general public, as well as to lawyers, faculty and students.

With the approval of a comprehensive health care package in Massachusetts in 2006, which requires every Massachusetts resident to have health insurance, the issue undoubtedly is timely. It also holds special appeal at KU Law. Dean Gail Agrawal, Elizabeth Weeks, associate professor of law and Jerry Menikoff, associate professor of law and medicine, specialize in health care law, so their experience and knowledge made the KU School of Law a natural place for an event focusing on this issue of national importance.

Michael H. Fox, Sc.D., Associate Professor, Health Policy & Management and Research & Training Center on Independent Living, University of Kansas, Health Reform: The Rhetoric and the Reality

Speakers The Massachusetts Plan and the Future of Universal Coverage

Christie Hager, J.D., M.P.H., Chief Health Counsel, Office of Speaker Salvatore F. DiMasi, Massachusetts House of Representatives and Adjunct Professor, Suffolk University Law School, Health Reform in Massachusetts: A Social Compact and a Bold Experiment David A. Hyman, J.D., M.D., Professor and Galowich-Huizenga Faculty Scholar, University of Illinois at Urbana-Champaign College of Law, Universal Coverage: Camelot or Brigadoon?

Peter D. Jacobson, J.D, M.P.H., Professor of Health Law & Policy, Department of Health Management & Policy, School of Public Health, University of Michigan, Let 1000 Flowers Wilt: The Futility of State-Level Health Care Reform Melissa B. Jacoby, Professor, University of North Carolina – Chapel Hill School of Law, Debtor-Creditor Perspectives on Universal Health Coverage Timothy S. Jost, J.D., Robert L. Willett Family Professor of Law, Washington and Lee University, School of Law, Comprehensive Health Reform: The Role of Consumer Self-Insurance

Symposium presenters discussed the details of the Massachusetts model in particular, such as how it works, costs, benefits, problems and possible solutions, and they also spoke on topics related to universal health care more generally.

Joan Krause, J.D., George Butler Research Professor of Law and Co-Director, Health Law & Policy Institute, University of Houston Law Center, Fraud in Universal Coverage: The Usual Suspects (and Then Some) Jerry Menikoff, J.D., M.P.P., M.D., Assistant Professor of Law, Ethics & Medicine, Department of History & Philosophy of Medicine, School of Medicine, University of Kansas, Who Knows Where Universal Health Care Goes? The Hunt for the Omniscient Critic Amy B. Monahan, J.D., Associate Professor, University of Missouri –

Columbia School of Law, The Latest Battleground in ERISA Preemption: Pay or Play Mandates and the Future of State-Based Universal Coverage

Papers presented at this symposium were published in the Kansas Law Review, Volume 55, Issue 4, April 2007.

Additional Papers by: Theodore R. Marmor, Ph.D., Professor of Public Policy & Management and Political Science, Yale School of Management, Wanting It All: The Challenges of the U.S. Health System Reform (Keynote Address, Federal Reserve Bank of Boston, Annual Economic Conference, June 15, 2005)

Marcia J. Nielsen, Ph.D., M.P.H., Interim Executive Director, Kansas Health Policy Authority, State of Kansas, Health Reform in Kansas: Context, Challenges, and Capacity William M. Sage, J.D., M.D., Professor and James R. Dougherty Chair for Faculty Excellence, University of Texas at Austin School of Law, Can the Fact that 90 Percent of Americans Live Within 15 Miles of a Wal-Mart Help Achieve Universal Health Coverage?

Sidney D. Watson, J.D., Professor, Saint Louis University School of Law, The Road from Massachusetts to Missouri: What Would It Take for Other States to Replicate the Massachusetts Plan for Universal Coverage?

Elizabeth A. Weeks, J.D., Associate Professor, University of Kansas School of Law, Gap-Filling, Risk-Pooling, and the “Connector”: Private Market Solutions to Universal Coverage

Stephen J. Ware, J.D., Professor, University of Kansas School of Law, Analytical Response to Professor Melissa B. Jacoby

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Tribal Law and Government Conference In October 2006, the Tribal Law and Government Center, under the leadership of Stacy L. Leeds, professor of law and center director, presented its annual conference on topics related to strengthening tribal sovereignty and the exploration of legal issues of importance to tribes and their citizens from a scholarly perspective.

The conference included presentations on economic development, taxation, citizenship, sovereign immunity, due process and tribal governance. Papers presented at the fall 2006 conference will be published in the Kansas Journal of Law and Public Policy.

Leeds seeks top tribal leadership role Stacy L. Leeds, professor of law and director of the Tribal Law and Government Center, is a candidate for Cherokee Nation principal chief, the top leadership position in the Oklahoma-based tribe. The Principal Chief is responsible for the execution of the laws of the Cherokee Nation and for designating policy and authority for the day-to-day operations of the tribe, which is comprised of 260,000 members and 7,000 square miles of jurisdiction in northeastern Oklahoma. The position will be selected in a June 23 general election.

Leeds is the first woman to serve as justice on the Cherokee Nation Supreme Court. She is national chair of the American Bar Association’s Tribal Court Council and the author of numerous articles and books on tribal governance, property law and economic development.

20 Unversity of Kansas: School of Law

New faces in law school administration The KU School of Law administration continues to grow and change as priorities are examined and established under the leadership of Dean Gail Agrawal.

New People at KU

Wendy Rohleder-Sook, L’2001, Associate Dean for Student Affairs

Kevin Kelly, L’89, Director of Outreach Activities Jacqlene Nance, Director of Admissions Diana Lee, L’2003, Publications Coordinator Blake Wilson, Instructional and Research Services Librarian

Wendy Rohleder-Sook, L’2001, was named KU Law’s first associate dean for student affairs in January. Wendy left her position as assistant director and pre-law coordinator at the University of Kansas Freshman-Sophomore Advising Center to join the administration at KU Law. Kevin Kelly, L’89, was appointed as KU Law’s first director of outreach activities. Kevin was in private practice in Lawrence for 16 years prior to accepting this position. He is working closely with KU Law alumni and friends across the country to provide increased opportunities for networking and socializing. He is focusing, in particular, on the creation of an alumni chapter system and class reunions.

Jacqlene Nance has officially been named director of admissions with the hiring of Wendy Rohleder-Sook as associate dean for student affairs. Jacqlene is a 2006 graduate of the University of North Carolina School of Law. Dean Agrawal also came to KU Law from UNC and was instrumental in encouraging Jacqlene to join the admissions staff at KU Law. Other administrative changes are in the works.

Edwin W. (Webb) Hecker Jr, associate dean for academic affairs, has announced he will retire from his administrative position this summer so that he can concentrate on teaching and scholarship. Stephen W. Mazza, professor of law, will assume the role of associate dean for academic affairs this fall.

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First-year students gain legal experience through philanthropy There are many ways for law students to develop their skills. Less common, however, are opportunities for students to see firsthand the importance of the work they perform and the day-to-day effect of laws and regulations on ordinary people.

22 Unversity of Kansas: School of Law

Jason Romero, Brendan Fletcher and Bella Truong, 1L summer starters, spent two weeks in January volunteering with the Mississippi Center for Justice. The Mississippi Center for Justice, a nonprofit law firm serving the entire state of Mississippi, has dedicated itself to the goal of providing legal assistance to help low-income people displaced by Hurricane Katrina resolve their housing-related problems. It is affiliated with the Student Hurricane Network, a national association

of law students dedicated to providing long-term assistance to people affected by Hurricane Katrina.

“They are largely dealing with problems that existed before the hurricane, but that have become serious obstacles given the numbers of people needing to rebuild, which requires them to deal with zoning and variances and permits,” Truong said. “The cities are struggling to meet the shortterm needs of people to have housing and their long-term goals of planning for the future and for similar disasters that may happen down the road.”

Romero, Fletcher and Truong were involved in two main projects during their volunteer efforts. First, they conducted surveys of people affected by Hurricane Katrina to determine what kind of aid they applied for and received in order to track the success of federal programs. Second, they investigated the process for obtaining rebuilding permits.

“We did a lot of investigation and research,” Romero said. “We went out to meet with city officials and planners to track down the information people need to know in order to start the process of rebuilding. Normally that would not be a very complicated process, but it is necessary to research everything from flood ordinances to federal regulations under these circumstances.”

Brendan Fletcher, Jason Romero and Bella Truong

All three students valued the opportunity not only for what they learned about the status of rebuilding efforts in the Gulf Coast region, but also for what it taught them about practicing law.

“This was a good way to learn what you would be doing if you go into public interest law,” Truong said. “I now have a much greater understanding of laws and how they impact people.”

The process of finding the necessary information was not only complicated, but also time consuming.

Fletcher said he realized that attorneys who practice in this field experience great professional satisfaction.

“Four people spent two full days on each city to track down the necessary information,” Fletcher said. “So you can just imagine how long that might have taken one person to do alone. And you have to seek out the people who have this information because they are so overwhelmed with problems.

“They may not be making the kind of money they did when they practiced in other areas, but attorneys who have taken advantage of the opportunity to transition into public interest law as a result of the disaster are feeling much more fulfilled by their work,” he said.

Hopefully, if people come down in the future, our work will have shortened the process for them.”

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Scholarship donors, recipients honored at fall reception Donors to law school scholarships and students who were awarded scholarships in the 2006-07 academic year were honored at the ninth annual scholarship reception on Sept. 21, 2006.

First-year law student scholarship recipients

24 Unversity of Kansas: School of Law

2006-2007 SCHOOL OF LAW SCHOLARSHIPS A. Bryce Huguenin School of Law Scholarship: Rusty Glenn; Serena Hawkins; Jacy Hurst; Megan Lewis; Wendy Lynn; Tom Maltese; Andrew Newton; Elizabeth Rogers; Hilary Velandia; Amanda Voth Mark H. Adams Memorial Scholarship: Cory Meschke

Warren D. Andreas Scholarship: Wendy Lynn

Book Exchange Scholarship: Brian Nye; Andrew Stewart

Richard A. Barber Scholarship: Ryan Ludwig; Cory Meschke

Bremyer Summer Intern Scholarship: Brendan Burke; Jon Dilly; Megan Jennings; Aaron Oleen; Katie Pruitt; Justin Reed; Jessie Thompson

Judge Willard M. & Lucile H. Benton Memorial Scholarship: Beau Jackson; Ryan Ludwig; Brian Nye

Judge Clayton & Cecile Goforth Brenner Scholarship in Law: Jesse Tanksley

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Claude E. Chalfant Memorial Scholarship: Danielle Duncan; Brian Nye John W. & Gertrude Clark Scholarship: Brutrinia Arellano; Wakil Oyedemi

2006-2007 SCHOOL OF LAW SCHOLARSHIPS

Claude O. Conkey Memorial Scholarship: Danielle Davey; Danielle Duncan; David Elliot; Ashley Epperly; Cullin Hughes; Laura Lane; Austin Murrey; Jared Reeves; Jesse Tanksley Glen W. Dickinson Scholarship in Law: Christopher Colyer; Jared Reeves William & Judy Docking Scholarship in Law: Nathan Betzen; Cullin Hughes; Daniel Runge; Stephen Turley; Ben Zimmerman Port and Mildred Early Scholarship: David Hague Ebright Memorial Scholarship: Austin Murrey Fleeson, Gooing, Coulson & Kitch Law Scholarship: Anne Alexander; Stacey Kyndesen; Kelcie Longaker; Austin Murrey Foulston & Siefkin Law Review Scholarship: Mark Cole; Crissa Cook; Richard Cook; David Hague; Ryan Huschka; Leena Phadke; Jessice Pownell; Carrie Temm; Hilary Velandia; Will Zorogastua Jordan & Shirley Haines Scholarship: Jared Reeves

26 Unversity of Kansas: School of Law

Aldie Haver Memorial Scholarship in Law: Rusty Glenn Darrell L. Havener Scholarship: Jessica Madrid Help of Our Lord & Savior Jesus Christ Scholarship: Lindsey Craft; Deuk Han; Eun Seong Lee; Eugenia Charles-Newton; Scott Reed Al J. & Sylvia M. Herrod Law Scholarship: Alexis Bannwarth; Michael Crabb; Joshua Hill; Stacey Kyndsen Hite, Fanning & Honeyman Scholarship: Andrew Fouts Michael H. Hoeflich & Karen J. Nordheden Scholarship in Law: Grant Randall Enos Hook Scholarship in Law: Caroline Bader; Brandon Bean; Kasey Hollinrake; Nicholas Jaskolski; Kelcie Longaker; Daniel Royce; Bradley Serafine; Ben Zimmerman Oliver H. Hughes Memorial Scholarship: Brian Casaletto; Geri Hartley; Ryan Kell; Madhumeet Singh W. A. Huxman Scholarship: Daniel Runge; Hani Tobassi Arthur M. Jackson Scholarship in Law: Daniel Runge Elmer C. Jackson, Jr., Scholarship in Law: Brutrinia Arellano

Margaret S. Jeffrey Scholarship Grant in Law: Ashlyn Buck; Michael Dill; Ellen Jensby; Robert Johnson Calvin & Janice Karlin Law Scholarship: Alison Dunehoo; Sarah Lynn Law School Class of 1925 Scholarship: Laci Clark; Katie Morgan Law School Funds: Hissan Anis; Kasey Barton; Jonathan Benevides; Caden Butler; Sarah Craker; Janki Desai; Michael Dill; Jerome Foster; Jeremy Graber; Robert Johnson; Alex Ketzner; Anna Kowalweski; Joanna Labastida; Laura Lane; Earl Lawson; Yoohyang Lee; Yoon Jae Lee; Stuart Martens; Ayesha Mehdi; Bethany Munyan; Holly Perkins; Demetrius Peterson; William Rashid; Jason Romero; Michelle Rushing; Maria Salcedo; Dana Stephan; Hani Tobassi; Nha-Trong (Bella) Truong; Burton Warrington; Virigina Weiss; Helen White; Samuel Wilkerson; Jin Zhu; Ethan Zipf-Sigler; Ben Zimmerman Law School Scholarship: Brandon Bean; Lisa Brown; Andrew Coleman; Catherine Decena; Alison Dunehoo; Katie Morgan; Wakil Ovedemi; Jason Romero; Maria Salcedo; Will Zorogastura John R. Light & Gary Olson Scholarship: Ryan Huschka

Robert Loyd Scholarship in Law: Stuart Martens

Yoohyang Lee; Jason Romero; Maria Salcedo; Burton Warrington

Frank A. Lutz Scholarship: Ben Zimmerman

Charles B. Randall Memorial Scholarship: Laci Clark

Robert F. Lytle Scholarship: Brandon Bean

Raymond Rice Foundation Scholarship: David Britton III; Crissa Cook; Heather Faier; Kelly Foos; Julia Gaughan; Justin Graves; Kathryn Harpstrite; Maren Ludwig; Aimee Minnich; Daniel Morris; Leena Phadke; Stephanie Sowers; Brad Vining; Amanda Sheridan; Lucas Wohlford

Kenton Mai Memorial Scholarship: Tae Chung Minorities in Law Scholarship: Jason Romero Harriet & Mancel Mitchell Scholarship in Law: Ashlyn Buck Ronald C. Newman Scholarship: Laci Clark; Michael Dill

Ross Foundation Law School Scholarship: Katie Morgan

Bernard E. Nordling Scholarship: Laci Clark

Judge Kay Royse Scholarship: Jana Budde; Emily Friedman; Batsheva Glatt; Saraliene Smith; Amanda Voth

Norton, Hubbard, Ruzicka & Kreamer LC Scholarship in Law: Richard Cook

Judge J.C. Ruppenthal Law Scholarship: Seth Jones; Katie Morgan

Judge Earl E. & Jean Ann O’Connor Memorial Scholarship in Law: James Jordan

Schroeder Law School Scholarship: Benjamin Marsh; Kendall Dix

Charles H. Oldfather Scholarship: Jason Romero

Elisha Scott Memorial Scholarship: Brutrinia Arellano

Joseph O. and Mary Louise Parker Scholarship: Eric Hutchins; Timothy Schapker

The Professor William R. Scott Scholarship in Law: Ayesha Mehdi

Olin K. and Mary Ruth Petefish School of Law Scholarship: Michael Dill; James Jordan

Siegfried, Bingham, Levy, Selzer & Gee Law Scholarship: Natalie Chalmers; Mary Gates; Elizabeth Rogers; Tucker Poling; John Smolen

Post Baccalaureate Scholarships in Law: Anna Kowalewski; Earl Lawson;

J. Frank Shinkle Memorial Scholarship: Janna Budde;

Nancy Dodik; Ben Hutnick; Tom Maltese; Sean Miller; Mark Newcomer; Saraliene Smith; Sara Stieben; Zach Thomas J. Frank Shinkle Student Aid Scholarship: Brendan Fletcher; Sean Miller; Bethany Munyan; David Nekunazarazad; Timothy Schapker Shook, Hardy & Bacon Law Review Scholarship: Kyle Binns; Crissa Cook; Brian Dietz; Christina Elmore; Allen Jones; Seth Jones; Ben Marsh; Aimee Minnich; Matthew Osman; Amanda Voth Shook, Hardy & Bacon Scholarship in Law: James Todd Prof. Earl B. & Mary Maurine Shurtz Tribal Lawyer Program: Eugenia Charles-Newton; Robert Scott; Burton Warrington Glee and Geraldine Smith Law Scholarship: Jacob Baldwin; Christina Elmore; Lawrence Indyk; Ben Zimmerman; Ethan Zipf-Sigler William C. Spangler Law Scholarship: Jackson Lindsey Evelyn, Richard and Blanche Thompson Scholarship in Law: Travis Coberly; Andrew Fouts; Dennis Golden; Stacy Harper; John Matt Leavitt; Jackson Lindsey; David Nekunazarazad; Demetrius Peterson; Sara Pfeiffer; Jason Robbins; Devin Ross; Lisa Ann Smith; James Todd Leslie T. Tupy Memorial Scholarship: Ethan Zipf-Sigler

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2006-2007 SCHOOL OF LAW SCHOLARSHIPS

Voss Kansas Law Scholarship: Alex Ketzner; Timothy Schapker Willard G. Widder Scholarship: Alex Ketzner Karl T. Wiedemann Scholarship in Law: Jacob Baldwin

First KU Law alumni weekend planned The KU School of Law is planning the first school-sponsored alumni reunion weekend for the classes of 1967, 1977 and 1982, on Oct. 5-6. Planned events

Paul R. Wunsch Law School Scholarship: David Elliot; Jacy Hurst

include bus tours of campus, a stop at old Green Hall, and other opportunities for reconnecting with classmates.

For more information or to offer assistance with planning, contact Kevin Kelly, L’89, outreach activities director, at 785-864-9281 or kevkelly@ku.edu.

We Need Your E-mail Addresses Please see our announcement on the back cover regarding our request for submission of current e-mail addresses.

28 Unversity of Kansas: School of Law

International Law Corner

In each issue of the KU LAW MAGAZINE, the International Law Corner profiles a topic in or relating to international or comparative law on which a faculty member is working. The International Law Corner adduces three simple points about everyday life in Green Hall. First, the KU Law faculty actively engages in substantive research on prominent legal issues.

Second, many issues on which the faculty works have cross-border dimensions. Third, the faculty strives to prepare students to think about, and practice, law at a world-class level in an ineluctably global environment. Pieces in the International Law Corner may be excerpts from faculty publications; specially-tailored articles, commentary or essays; interviews; or other appropriate forms.

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International Law Corner

The IMF, the World Bank and the United States

By John W. Head The two most famous and powerful international financial institutions — the International Monetary Fund (“IMF”) and the World Bank — are poorly understood in the United States. This is at least unfortunate, and potentially disastrous, for two key reasons. First, the institutions are at a crossroads in several respects, not the least of which is evident from the cacophony of criticisms that have been leveled at them recently. Second, the United States is the most powerful member of both the IMF and the World Bank, by a significant margin, yet the U.S. government can take a cavalier attitude toward the future of the institutions because there is no well-informed constituency within this country who will press U.S. government officials to wield U.S. power prudently.

Let me first provide a thumbnail sketch of the two institutions and then offer some views regarding U.S. policy toward them.

The International Monetary Fund.

The IMF, formed at the Bretton Woods Conference in 1944, began its existence as the international supervisor of a system of fixed currency exchange rates (the “par value system”). That system broke down in the 1970s, and since that time, the IMF

30 Unversity of Kansas: School of Law

has been most evident as a financing institution for countries facing heavy external debts and economic crises.

Nearly all countries are IMF members, but the wealthiest members do not borrow from it now. Among those countries that do borrow from the IMF, some are eligible for very low-cost loans — sometimes referred to as soft loans or concessional loans because of their longer maturities and almost zero interest — made from funds that are contributed by the wealthiest member countries. The other loans (hard loans) made by the IMF come from resources provided by all members in the form of capital subscriptions that reflect each member’s quota, or share, in the IMF. This quota system also governs voting power, and the dramatic differences in voting power between the U.S. — whose “quota” gives it control over about 17% of the total votes — and the dozens of countries that have less than 1% of the total votes makes the weighted voting system a subject of frequent criticism.

The World Bank. Nearly all countries in the world also belong to the World Bank, which technically consists of

two legally distinct entities: the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA). The IBRD was formed alongside the IMF at Bretton Woods in 1944, mainly to finance postwar reconstruction in Europe. A decade and a half later the IDA was established to provide lower-cost financing to economically less developed countries (LDCs), which rocketed to prominence with the demise of colonial holdings by European powers.

For most practical purposes, the IBRD and the IDA operate as one institution, and they undertake mainly public-sector project lending— that is, lending to national governments to finance the building of roads, irrigation systems, hospitals, power plants and schools.

this suggestion short-sighted and anachronistic.

For one thing, both institutions have done many, many things right on a range of issues — fighting river blindness in Africa, for instance, and saving several post-Soviet economies from complete chaos. More fundamentally, the aims of the IMF and the World Bank — such as international monetary collaboration, international economic development and a general endorsement of multilateral solutions to address global problems — are worthy and indeed essential in the world of today and tomorrow. Wise architects of a post-war economic system being built in the 1940s (many of them Americans) realized this truth, and we should do the same today by recognizing the need for effective international financial institutions with a global reach.

Like the IMF, the World Bank provides both hard loans and soft loans. The IBRD makes the hard loans, the resources for which come almost entirely from the proceeds of a vigorous IBRD borrowing program on public financial markets worldwide. The IBRD issues bonds to the public, and the proceeds flowing from the sale of those bonds (especially to huge institutional investors) provide the resources the IBRD uses to lend to its member countries. The soft loans, by contrast, come from the IDA, drawing from resources contributed by the wealthiest countries.

However, just because we are much better off with these international financial institutions — or some form of them — than we would be without them does not mean they can remain as they are. In my view, the IMF and World Bank are not, in their current form, capable of handling ever-growing problems of international economic relations. Some observers say they are capable, and that simply by making some minor adjustments these institutions can meet the needs of global economic stability and development.

That view ignores what has happened since the 1940s. Too many changes have taken place in our views on environmental protection, social aspects of economic development, participatory structures in public institutions, and on the so-called NorthSouth divide for the existing institutions, working within their existing charters, to be effective in a new age. Moreover, the IMF in particular currently faces a serious short-term financial challenge; as

As in the IMF, the wealthiest countries largely control both sides of World Bank operations (both the IBRD hard lending and the IDA soft lending). In particular, the United States holds about a 15% voting share in the World Bank.

A wide range of views have recently been expressed on how the United States should wield its power in the IMF and the World Bank. Some urge that one or both institutions be shut down entirely. I find

a practical matter, urgent change is needed.

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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 THE FUTURE OF THE GLOBAL ECONOMIC ORGANIZATIONS (Transnational

International Law Corner

n John Head is a

In my view, therefore, the treaties that establish and govern the IMF and the World Bank should be amended. And this is where the United States appears, or should appear, front and center in the picture. Because of its overwhelming voting power and general influence in these institutions, the United States has both a special opportunity and a special obligation to take a leadership role in improving the IMF and the World Bank.

The U.S. government should advocate for the following important changes to the charters of the IMF and the World Bank: incorporate five fundamental institutional principles — transparency, participation, legality, competence and accountability — against which the institutions’ operations will be judged; write into both institutions’ charters new provisions for judicial review of decisions made by their governing boards, rather than (as now) shielding IMF and World Bank decisions from objective external scrutiny;

Publishers 2005) and from his essay on “What Has Not Changed Since September 11—The Benefits of Multilateralism”,

revise the voting rules and procedures to provide better representation of countries by region and differing economic circumstances;

12 KAN J.L. & PUB. POL’Y 1 (2002). Head may be reached at 785-864-9233 or jhead@ku.edu.

link a portion of each country’s voting power in the IMF and the World Bank to that country’s performance in pursuing prudent

32 Unversity of Kansas: School of Law

economic and financial policies agreed to by the membership; and incorporate by reference some key provisions of other treaties to leverage the effectiveness of widely accepted norms regarding international environmental and human rights protection.

These specific details illustrate a general theme: Efforts are needed right away to reform and update the international financial institutions, and those efforts should reflect an ideological renaissance — a reaffirmation of, and rededication to, multilateral solutions to global economic challenges.

Such an ideological renaissance will offer an opportunity to improve and modernize not only the IMF and the World Bank, but also our view of how this planet should be organized and governed in the 21st century.

Little of this is possible, however, without enlightened leadership from the United States. Hence, in my view, the United States should sharply reverse its recent record of international relations — a record of isolationism, unilateralism and jingoism — and embark instead on an era of cooperative multilateralism that could bear fruit not only in the area of international economic affairs, but also in many other areas, including human rights and environmental protection.

KU Wheat Law Library coordinates book donations to UAE

Allison Reeve, library assistant, posing with the shipment of law materials for the UAE College of Law

When faculty members Raj Bhala and Mike Davis were invited to spend time in the United Arab Emirates in the spring of 2006, a special relationship began between the KU School of Law and the United Arab Emirates University College of Law. Bhala and Davis were invited

by UAE College of Law Dean Jassem Ali Salem Al-Shamsi to assist in the creation of a masters degree program in international trade. This affiliation led to a donation of more than 600 books to the UAE College of Law by the KU School of Law. Allison Reeve, library assistant at the KU School of Law Wheat Law Library, coordinated the details that were required to execute the donation.

“Through Raj and Mike’s affiliation with UAE, Raj asked them if they might be interested in a donation of legal materials,” Reeve said. “Their law library was sparse, so even though the materials are out of date, it will help them start to build.”

The donation was a compilation of materials donated to the law library that were not included in the law library’s collection because they were out of date or already in the library’s collection and items from other sources. A large amount of the materials were donations made by KU School of Law faculty members. Volumes of the University of Kansas Law Review and University of Kansas Journal of Law & Policy were also included in the donation.

“They are planning to take a subscription to our journals, so KU will continue to be well represented among their collection,” Reeve said.

Discussions about the donation began in May 2006. The shipment finally left Green Hall to be transported by ocean freighter on Jan. 12, 2007.

These materials, from another part of the world, will provide unique resurces for these students to learn about our legal system.

“The donation will provide the UAE law students with an opportunity to familiarize themselves with the way the law is studied in America,” Reeve said. “They will also be able to see how our subjects are divided, and this will give them a foundation that emphasizes the importance of the historical context of legal research in our system.”

33

Alumni

News

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Unversity of Kansas: School of Law

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n

Items were received or collected prior to January 1, 2007. Information received after that date will appear in the next issue of the KU LAW magazine. Alumni news items may be sent using the return postcard attached to the back of this issue, by e-mail to patti@ku.edu or by visiting the law school’s Web site at www.law.ku.edu (click on Alumni and look for Keeping in Touch).

Alumni Notes 1940s Glee S. Smith, L’47, was among 250 lawyers, judges, law professors, legislators and other state officials participating in the annual meeting of the National Conference of Commissioners on Uniform State Laws in Hilton Head, S.C. Smith is a member of the Lawrence law firm of Barber Emerson LC. Smith is Of Counsel at the Lawrence law firm of Barber Emerson LC.

1950s John W. Brand Jr., L’59, has been selected for inclusion in the 2007 edition of The Best Lawyers in America.

Selection is based on a peer-review survey in which leading attorneys throughout the country confidentially evaluate the legal abilities of other lawyers. Brand is with the Lawrence law firm of Stevens & Brand LLP.

1960s Arthur C. Piculell Jr., L’65, was elected to a two-year term on the KU Law School Board of Governors in October 2006.

Piculell is president of The Piculell Group Inc. in Portland, Ore. Peter K. Curran, L’66, has been selected for inclusion in the 2007 edition of The Best Lawyers in America.

Selection is based on a peer-review survey in which leading attorneys throughout the country confidentially evaluate the legal abilities of other lawyers. Curran is with the Lawrence law firm of Stevens & Brand LLP. Larry Welch, L’61, retired from his position as director of the Kansas Bureau of Investigation in May. He has served the KBI since 1994 and is the second longest serving director since its inception in 1939. Prior to joining the KBI, Welch served with the Federal Bureau of Investigation as special agent in Washington, Tennessee, Florida, Puerto Rico, Texas, Missouri and Kansas. Upon his retirement from the FBI, Welch served at the Kansas Law Enforcement Training Center, where he became director in 1989.

1970s James R. Gilliland, L’72, was elected to a three-year term on the KU Law School Board of Governors in October 2006.

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Unversity of Kansas: School of Law

Gilliland practices with Gilliland & Hayes PA in Hutchinson.

A. Drue Jennings, L’72, recently received a Kansas University Alumni Association Ellsworth Medallion for unique and significant service to KU. He was named 2006 Kansas Citizen of the Year by the Greater Kansas City Chamber of Commerce.

Jennings also received KU’s highest honor, the Distinguished Service Citation, in 1999.

He has served on numerous Endowment Association and Alumni Association boards and committees and on the KU Law School Board of Governors. In 2003, he served as interim director of the KU Athletic Department and assisted in the hiring of Athletic Director Lew Perkins and men’s basketball coach Bill Self.

John O. Sanderson, L’73, of Emporia, Kan., retired in January 2006 as district judge of the 5th Judicial District (Lyon and Chase Counties).

Louis E. Sturns, L’73, has been named to the Texas Public Safety Commission by Texas Governor Rick Perry. Sturns is a general practice attorney in the Fort Worth, Texas, firm of Mallory and Sturns and a former member of the Texas Racing Commission, the Texas Juvenile Justice Advisory Board, and the Texas Ethics Commission. The Texas Public Safety Commission is the state’s chief law enforcement agency.

Sturns’ term will expire in 2011.

Michael L. Sullivan, L’74, has been selected for inclusion in

the 2007 edition of The Best Lawyers in America for his work in franchise law. Sullivan practices with Baird Holm LLP in Omaha, Neb. Best Lawyers in America is based on a peerreview survey in which leading attorneys throughout the country confidentially evaluate the legal abilities of other lawyers.

and contracts management, business administration and regulatory compliance.

Tyrone C. Means, L’76, is a founding partner and current managing partner of the litigation firm Thomas, Means, Gillis & Seay in Montgomery, Ala.

Thomas E. Vaughn, L’78, was elected to a two-year term on the KU Law School Board of Governors in October 2006. Vaughn is chapter 13 trustee at the U.S. Department of Justice in Chicago, Ill.

Peter J. Ramirez, L’77, Garden City, was elected to a three-year term on the KU Law School Board of Governors in October 2006.

Vincent K. Snowbarger, L’77, former U.S. representative, will serve as acting executive director of the Pension Benefit Guaranty Corp. (PBGC). Snowbarger had served as PBGC’s deputy executive director since November 2004. Additionally, he served as PBGC’s assistant executive director for legislative affairs from June 2002 until November 2004.

David S. Elkouri, L’78, was elected to a three-year term on the KU Law School Board of Governors in October 2006.

Elkouri practices with Hinkle Elkouri Law Firm LLC in Wichita.

John W. Rintoul, L’78, has joined the staff of Sigma Xi as chief counsel and director of center programs. He brings extensive administrative and legal knowledge gained from his experience with grants

Paul Kent Sundgren, L’78, joined Cape Fox Professional Services as a lead instructor for safety instruction at Ft. Carson, Colo., for motorcycles and private vehicles for active duty soldiers.

Marilyn Harp, L’79, Wichita, is the new executive director of Kansas Legal Services.

Kelly W. Johnston, L’79, was appointed chairman of the Kansas Wildlife & Parks Commission

by Governor Kathleen Sebelius, effective January 2007.

1980s The Hon. Janice Miller Karlin, L’80, was elected to a threeyear term on the KU Law School Board of Governors in October 2006. Karlin is a U.S. Bankruptcy Court Judge for the District of Kansas in Topeka.

Richard E. Putnam, L’80, has been selected for inclusion in The Best Lawyers in America 2007 edition for his work in corporate law. Putnam practices with Baird Holm LLP in Omaha, Neb. Best Lawyers in America is based on a peer-review survey in which leading attorneys throughout the country confidentially

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evaluate the legal abilities of other lawyers.

Alumni Notes

Rosemary O’Leary, L’81, is the recipient of a 20062007 Alumni Distinguished Achievement Award from KU’s College of Liberal Arts and Sciences. O’Leary is a distinguished professor of public administration and co-director of the Program for the Analysis and Resolution of Conflicts at the Maxwell School of Syracuse University. She has won 15 research and teaching awards. She is the only person to win three awards from the National Association of Schools of Public Affairs and Administration: distinguished research, distinguished teaching and best dissertation.

The Hon. Steve Leben, L’82, is serving a one-year term as president of the American Judges Association. Leben is a district judge in Johnson County. He was also elected to a three-year term on the KU Law School Board of Governors in October 2006.

Sherri L. Loveland, L’82, has been selected for inclusion in the 2007 edition of The Best Lawyers in America.

Selection is based on a peer-review survey in which leading attorneys throughout the country confidentially evaluate the legal abilities of other lawyers. Loveland is with the Lawrence law firm of Stevens & Brand LLP.

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Unversity of Kansas: School of Law

John P. Jennings, L’82, has joined Lawfort, a leading law firm in Belgium.

Jennings will strengthen the international expertise of Lawfort in large cross-border transactions on the European and American markets.

Brian McCormally, L’82, joined Arnold & Porter as a partner in the firm’s financial services practice.

McCormally was formerly the director of the enforcement and compliance division at the Office of the Comptroller of the Currency in the U.S. Treasury Department.

Congressman Jerry Moran, L’82, is the first recipient of the Kansas Hospital Association’s Distinguished Health Care Advocate Award.

The award recognizes individuals, organizations or groups who provide exemplary contributions to the health and well-being of Kansans in the political or policy arena. He was honored at the association’s annual convention and trade show in Topeka in November 2006.

Ernest Boles, L’83, has been appointed managing director and chief investment officer at the Citigroup Private Bank Europe.

The Hon. Samuel Brownback, L’83, a U.S. senator representing Kansas, is a candidate for the 2008 Republican nomination for U.S. president.

Mary Curtis, L’84, joined Legal Services for Students as the new litigation attorney.

Legal Services for Students is a free law office on the KU Lawrence campus. Curtis has more than 20 years of experience representing individuals in criminal cases, both at trial and on appeal, as a public defender in Kansas City, Mo., and Topeka.

Shirley Sicilian, L’84, has been promoted to general counsel at the Multistate Tax Commission, where she was formerly the deputy general counsel.

Sarah A. Strunk, L’85, was elected to a twoyear term on the KU Law School Board of Governors in October 2006. Strunk practices with Fennemore Craig PC in Phoenix, Ariz.

David L. Corliss, L’88, was appointed city manager of Lawrence, Kan., in September 2006.

Darren R. Hensley, L’88, has been named a 2006 Colorado Super Lawyer in the areas of business and corporate law by 5280 Magazine and Law & Politics.

Kevin Kelly, L’89, was appointed the first director of outreach activities for the University of Kansas School of Law in October 2006. Kelly operated a solo practice in Lawrence, Kan., for 16 years prior to his appointment.

Deborah Klee Riley, L’89, Lawrence, Kan., has been promoted to associate vice president at CNA Insurance, HealthPro. Riley is also CNA HealthPro Committee Chair for the National Birth Trauma Defense Counsel Team, and co-chair of the CNA HealthPro Litigation Management Committee. She is also appointed to the ABA Committee on Medicine and Law and is a member of the DRI Nursing Home Steering Committee.

Gregory D. Trimarche, L’89, has joined the Irvine, Calif., office of Bryan Cave LLP. He is part of the firm’s environmental group, and he also advises clients on matters concerning commercial real estate and commercial litigation. He has experience performing due diligence for real estate investors, developers and lenders and generating environmental risk management plans for brownfield projects.

1990s Sally Howard, L’93, has been chosen to serve as chief counsel to the Office of the Kansas Governor. Howard was previously chief counsel of the Kansas Dept. of Transportation from 2003 until her appointment as chief counsel

by Governor Kathleen Sebelius.

J. Curtis Linscott, L’90, is a member of the executive management team and executive vice president at Cash America International Inc., Fort Worth, Texas.

Andrea Olness, L’90, is an associate at Smith & Amundsen LLC in Woodstock, Ill. Eric Kuwana, L’91, is a new partner in the Washington, D.C., office of Katten Muchin Rosenman LLP. Kuwana will also serve as deputy chair of the firm’s national litigation department.

Molly Wood, L’91, published an article on long-term care planning and the Deficit Reduction Act of 2005 in the September 2006 issue of The Journal of the Kansas Bar Association. Wood is a partner in the Lawrence law firm of Stevens & Brand LLP, where she concentrates her practice in Medicaid eligibility for longterm care and division of assets, special needs and disability planning, adult guardianship and general estate planning.

Molly has also been selected for inclusion in the 2007 edition of The Best Lawyers in America.

Selection is based on a peerreview survey in which leading attorneys throughout the country confidentially evaluate the legal abilities of other lawyers.

Russ Berland, L’92, has been appointed chief compliance officer for BearingPoint Inc., one of the world’s largest management and technology consulting firms. Berland will be based in BearingPoint’s Chicago office.

Lecia Chaney, L’92, Brownsville, Texas, sadly reports the death of her husband, Stuart A. Chaney, on Oct. 30, 2006.

Chip Blaser, L’93, has been named executive director of the Douglas County Community Foundation, Lawrence, Kan. Blaser formerly served as vice president of operations for the Ballard Community Center in Lawrence.

Evan H. Ice, L’93, has been selected for inclusion in the 2007 edition of The Best Lawyers in America. Selection is based on a peer-review survey in which leading attorneys throughout the country confidentially evaluate the legal abilities of other lawyers.

Ice is with the Lawrence law firm of Stevens & Brand LLP. Bill Moseley, L’94, and wife Renee announce the birth of their third daughter, Roselyn Ruth Moseley. Bill is the president of GL Suite Inc. in Bend, Ore. Jan Sandoval Scott, L’94, St. Louis, Mo., and husband Greg Scott are pleased to announce the birth of their daughter, Mia McKinley Scott, in December 2006. She joins her brother, Reece Haydon Scott (2).

Gregory K. Silvers, L’94, has been promoted to chief operating officer at Entertainment Properties Trust in Kansas City, Mo. Silvers had been the company’s vice president, general counsel and secretary since 1998 and chief development officer since 2001.

Silvers was also elected to a three-year term on the KU Law School Board of Governors in October 2006.

C. Edward Young, L’94, was appointed director of aviation

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Professor Emeritus William A. Kelly lecturing at the Adams Alumni Center after his retirement from teaching at the KU School of Law. He passed away on July 12, 2006, in Lawrence.

40

Unversity of Kansas: School of Law

Professor William A.Kelly Kelly received his bachelor’s degree from KU in 1942. He graduated from the KU School of Law in 1949 and was selected as member of the Order of the Coif. Kelly practiced law in Kansas City, Mo., from 1949-57. He was a partner in the firm Lambardi, Filgg, McLean and Slagle. He joined the faculty at KU Law in 1957. He served as acting dean from 196162 and associate dean from 1964-69 and 1979-80. He was a member of the KU Law Board of Governors and received the KU Law Distinguished Alumnus Award in 1992.

Kelly retired from KU Law in 1983. Kelly’s son Kevin, L’89, is currently serving as the director of outreach activities at KU Law.

41

for the Kansas Department of Transportation.

Tricia M. (Smith) Knoll, L’95, was married to Christopher J. Knoll in October 2006.

They reside in Kechi, Kan.

Alumni Notes

Amy Blumenthal, L’96, has opened Blossom, a full-service floral shop in Omaha, Neb. Charles Benjamin, L’97, relocated to Carson City, Nev., in early 2007, to become director of the Nevada office of Western Resource Advocates.

Bethany (Daniels) Fields, L’97, has been named the deputy county attorney for Riley County, Kan. Bethany and husband Brad welcomed their son, Nathaniel Kenneth, in November 2006.

Hale Sheppard, L’98, Atlanta, Ga., was named a shareholder in the firm Chamberlain, Hrdlicka, White, Williams & Martin in January. Sheppard’s practice focuses on administrative tax proceedings, tax litigation, tax collection defense and international tax.

Sheppard recently published “New Penalties for Undisclosed Foreign Accounts: Putting the Cart Before the Horse?” 8(3) Journal of Tax Practice & Procedure (2006) and “Evolution of the FBAR: Where We Were, Where We Are, and Why it Matters,” 7(1) University

42

Unversity of Kansas: School of Law

of Houston Business & Tax Law Journal (2006).

Sheppard was also selected to edit a monthly column in the Journal of Taxation, analyzing notable Internal Revenue Service rulings.

to announce the birth of their son, Ethan Edward Cline, in August 2006.

Amy also received the Kansas Bar Association’s 2006 Outstanding Young Lawyer Award.

Carl Gausman and Shannon Braden Gausman (both L’98) are the proud parents of Joshua Paul Gausman, born in June 2006. Shannon and Carl reside in Des Moines, Iowa, where Shannon is senior counsel with the Wells Fargo Law Department’s litigation group and Carl is an assistant director for contract education and development with the Principal Financial Group.

Angela Stoller, L’2000, is president of the Kansas Bar Association Criminal Law Section.

John Baird, L’99, has been elected partner in the Phoenix firm of Snell & Wilmer.

His practice is focused on real estate transactions.

Jacqueline Pueppke, L’2001, has been named partner at Baird Holm LLP in Omaha, Neb. Pueppke is a member of the firm’s Financial Transactions Practice Group, focusing primarily on commercial real estate, commercial lending and general business law transactions.

Lisa McKenzie, L’99, is pleased to announced her marriage to Robert Owen in September 2006. McKenzie is practicing with Harris & Ruble in Los Angeles, Calif.

Carol Porter, L’99, and Roger Will were married in October 2006. They reside in Frisco, Texas.

Jeff Turner, L’99, is practicing with Weil, Gotshal & Manges LLP in Boston, Mass.

2000s Amy Fellows Cline, L’2000, and James Cline, L’90, Wichita, are pleased

Christopher S. Genereux, L’2001, and his basset hound “Jayhawk” left North Carolina and returned home to Birmingham, Ala., where Genereux is associated with Thomas, Means, Gillis & Seay PC.

Wendy M. Rohleder-Sook, L’2001, was appointed the first associate dean for student affairs at the University of Kansas School of Law in January 2007.

Ruth Sanders, L’2001, a district defender of the Kansas City Appellate/ PCR Div., is receiving the Missouri Bar’s David J. Dixon Appellate Advocacy Award.

Sanders was honored at the

Missouri Bar annual meeting in St. Louis in September.

at Sonnenschein Nath & Rosenthal LLP, St. Louis, Mo.

Krista Howard, L’2002, accepted a position with Taylor, Porter, Brooks & Phillips, LLP in Baton Rouge, La. She and her husband Chris Howard, L’2002, are pleased to announce the birth of their son, Langston Morgan Howard, in October 2005. He joins his sister, Olivia Loren Howard (2-1/2).

Brandon D. Henry, L’2003, has accepted a position with Wagstaff & Cartmell LLP in Kansas City, Mo.

Kenzie Singleton, L’2002, has joined Sloan, Eisenbarth, Glassman, McEntire & Jarboe LLC. She is based in the firm’s Lawrence, Kan., office.

Robert Willette, L’2002, is corporate counsel for Ferrellgas LP in Overland Park.

Benjamin A. Halpert, L’2003, is an associate attorney in the litigation practice group

Diana E. Lee, L’2003, was appointed publications coordinator for the University of Kansas School of Law in December 2006.

David Roth, L’2003, is working for the assistant general counsel for operating reactors and high-level waste programs at the U.S. Nuclear Regulatory Commission in Rockville, Md.

Sean O’Hara, L’2006, married Amy Cox in August 2006. Sean is practicing product liability and commercial litigation law with Snell and Wilmer in Phoenix, Ariz.

Megan A. Palmer, L’2006, has joined the litigation department of Blackwell Sanders Peper Martin as an associate in the firm’s Kansas City, Mo., office.

Christopher (Chris) A. Reed, L’2006, has joined the litigation department of Blackwell Sanders Peper Martin as an associate in the firm’s Kansas City, Mo., office.

Lacy Gilmour, L’2006, is an assistant public defender in the Sedgwick County Public Defender’s Office.

In Memoriam John K. Bork, L’77, Lawrence, Kan., September 25, 2006.

Irma Olson Boyer, L’84, Leavenworth, Kan., August 23, 2006.

Philip R. Herzig, L’64, Prairie Village, Kan., November 25, 2006.

Timothy R. Hjort, L’85, Wichita, Kan., December 9, 2006.

Gregory G. Justis, L’76, Petoskey, Mich., June 26, 2006.

Kenneth S. Larkins, L’48, Valrico, Fla./Kansas City, Mo., September 29, 2006.

Dennis V. Logan, L’73, Overland Park, Kan., July 27, 2006.

Andrew D. Lyons, L’68, Overland Park, Kan., November 26, 2006.

The Hon. Marvin W. Meyer, L’52, Topeka, Kan., July 27, 2006.

Grant E. Miller, L’50, Colorado Springs, Col., July 5, 2006.

Ernest J. Rice, L’49, Chula Vista, Calif., August 26, 2006.

Robert E. Thiele, L’56, Wichita, Kan., December 7, 2006.

Fred C. Littooy, L’41, Chicago, Ill., October 31, 2006.

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Scenes from Commencement

44

Alumni Alumni NewsNews KU Law

Name: Address:

Class:

Phone: E-mail: News/Comments:

KU Law Address Change Address Change Name: Position, Firm:

Class:

Office Phone: E-mail: Home Address:

KU Law Services Career Career Services Our firm is anticipating having a position open for:

Part-time law clerk Summer associate

Full-time associate Experienced Attorney

I would be willing to participate in the Career Services Alumni Network (CSAN) and serve as a resource or contact person for law students in my area of expertise, which is:

Name: Firm: Address: Office Phone: E-mail:

Staying in Touch in the Digital Age Send us your e-mail addresses Establishing and continuing strong relationships with our alumni is extremely important to all of us at KU Law. Because we know e-mail is a preferred method of communication for many of our alumni, we are trying to acquire your current e-mail addresses to facilitate our goal of creating a comprehensive database of e-mail contacts.

We would like to be able to send you announcements, news, messages from the dean, notifications regarding reunions and alumni events and our forthcoming electronic newsletter, which we’re extremely excited to launch this summer. Electronic communication will make it easier for us to stay connected with you and keep you abreast of the latest news and events at your law school.

The University of Kansas School of Law Green Hall 1535 W. 15th St. Lawrence, KS 66045-7577

To fill out a short form updating your contacting information, please visit our Web site, http://www. law.ku.edu/career_alumni/ alumni/subscribe.shtml.

Or contact Kevin Kelly, L’89, director of outreach activities, at (785) 864-9281 or KevKelly@ku.edu.