ALL RISE Fall 2011
The Ohio State University Moritz College of Law
Former Mayor, Governor, Senator Voinovich’61 Reflects Why I Want to go to Law School •
Moritz Welcomes New Faculty
2011 Reunion Weekend
Orientation Reception Associate Dean Donald Tobin talks with 2L Lauren Huddleston, orientation chair, and Professor Todd Starker â€™07, at a reception held at the Franklin Park Conservatory during orientation.
From the Dean’s Desk As you will see
detailed in the pages of this issue of All Rise, this is a time of
new beginnings at Moritz. The Moritz alumni at Dinsmore & Shohl stepped forward to give a new design and look to what is surely the area most in need in our building: the student locker area. Each and every Moritz alumni at the firm made a contribution to fund this project, which will be completed in August 2012. The Dinsmore & Shohl Student Commons will be the fantastic space that our students deserve. In August, we welcomed a new class of eager and excited students. I invite you to get to know a dozen of them on pages 26-36. As you read their stories, I think you will come to learn what I already know: They are amazing. While we have selected 12 for you to meet, I promise that you will be proud to welcome all 212 members of the first-year class to the Moritz community. They are an exceptional group of students, and I encourage you to come back to Drinko Hall – as a mentor, a volunteer, a speaker, or recruiter – and meet them. This year we also welcome seven new faculty members to Moritz. They each bring a new and exciting perspective to Moritz. You can meet each of them on pages 20-25. For example, Steven Davidoff, who writes weekly for The New York Times as the Deal Professor, adds to our already dynamic offerings in business law. In the past several years, we have raised funds for a new Entrepreneurial Business Law Clinic, which will begin in January; founded the Moritz Corporate Fellowship Program, which now includes 14 corporations; offered dozens of Distinguished Practitioners in Residence courses; created our capstone professional problem-solving courses; and held multiple symposiums and printed dozens of high-quality articles on leading-edge business topics in the Ohio State Entrepreneurial Business Law Journal. The business world is changing, and, at Moritz, we are preparing future counselors to help navigate this new environment. Finally, we catch up with former Senator George Voinovich ’61 as he starts a new chapter in his life. His insights on politics and life after serving as mayor, governor, and senator are fascinating and thoughtful. We also reconnect with Kelley Griesmer ’93, as she takes on the challenge of managing Pelotonia; Allen Bohnert ’06, who recently took a new approach to death penalty jurisprudence and won; and Douglas Mancino ’74, who is busy helping health care organizations prepare for the implementation of the Patient Protection and Affordable Care Act. As dean, reconnecting with alumni is one of the best parts of the job. I encourage all of you to share your new beginnings with the Moritz community and help our students start their new beginnings.
Alan C. Michaels Dean and Edwin M. Cooperman Professor of Law
ALL RISE M a g a z i n e
Executive Editor Barbara Peck Chief Communications Officer email@example.com Editor Monica DeMeglio Communications Coordinator firstname.lastname@example.org Contributing Writers Jay Clouse Communications Writer Sarah Pfledderer Communications Writer Design and Photography Andrea Reinaker Graphic Designer email@example.com Contributing Photographers Getty Images gettyimages.com Todd Callentine Callentine Photography firstname.lastname@example.org Web Design Dwight M. Scott Web Communications Specialist email@example.com moritzlaw.osu.edu All Rise is published by: The Ohio State University Moritz College of Law 55 W. 12th. Ave. Columbus, OH 43210 Phone: (614) 292-2631 moritzlaw.osu.edu Do you want to share your thoughts on a topic covered in All Rise? Send a letter to the editor by emailing Barbara Peck at peck.5@ osu.edu. Or mail a letter to The Ohio State University, Moritz College of Law, c/o Barbara Peck, 55 W. 12th Ave., Columbus, OH 43210. Letters should be kept to fewer than 400 words and may be edited. We cannot guarantee that all letters received will be printed in the next edition of All Rise. Diverse viewpoints are presented in this publication, and they do not necessarily reflect the official policies of the law school.
ALL RISE The Ohio State University Moritz College of Law
M a g a z i n e
Alumni at Dinsmore & Shohl Fund Renovations of Student Locker Area After more than 50 graduating classes, the student locker area on the first floor of Drinko Hall is getting a much needed makeover, courtesy of the Moritz alumni at Dinsmore & Shohl.
Moritz Welcomes Seven New Faculty Members The Ohio State University Moritz College of Law welcomed seven new faculty members - with expertise in mergers and acquisitions, environmental law, intellectual property, children’s rights, and legal writing - to the faculty this fall.
Why I Want to go to Law School
Former Mayor, Governor, Senator Voinovich ’61 Reflects
Meet 12 members of the Class of 2014 and learn what drove three of them to law school through their official law school personal statements.
He has served as a state representative, mayor, governor and United States Senator - learn about the amazing career of George Voinovich ’61 and his take on politics today.
46 Career Paths
Kelley Griesmer ’93 takes on cancer as COO of Pelotonia
48 Alumni Focus
Allen Bohnert ’06 wins key death penalty stay
50 Alumni Focus
Douglas Mancino ’74 helps health care organizations prepare for Affordable Care Act
All-Class Reunion Weekend & Awards Ceremony
New York & New Jersey Alumni Event
Cleveland Alumni Event
Around the Law School
briefly Corporate Fellowship Program Continues to Grow The Moritz Corporate Fellowship Program, an innovative initiative launched in January 2011 that places new Moritz graduates in the general counsel offices of leading corporations, continues to add companies to its list of participants. This year, Abercrombie & Fitch, American Electric Power, Angie’s List, Broadstreet Capital Partners, Inc., Cardinal Health, DSW, Inc., Express, Fifth Third Bancorp, Good Year Tire & Rubber Co., The Kroger Co., Nationwide, the National Retail Federation, Procter & Gamble Co., and The Scotts Miracle-Gro Co. hired recent Moritz grads. The fellowships follow the judicial clerkship model and match graduates to the specific needs of each corporate partner. Davidoff One of “100 Most Influential People” in Boardroom Professor Steven M. Davidoff was named one of the “100 Most Influential People in the Boardroom” by the National Association of Corporate Directors, based in Washington, D.C. Each year, the association identifies influential people among board directors and officers, corporate governance experts, journalists, regulators, academics, and counselors. The program strives to offer a balance between those who do actual board work and those who influence how that work is done. Swire Testifies Before Congress Professor Peter Swire testified before the U.S. Senate Banking Committee on Aug. 2. Swire, the C. William O’Neill Professor in Law and Judicial Administration at Moritz, served as a special assistant to President Obama for economic policy from 2009-10. Swire’s testimony focused on consumer protection and mortgage servicing. He testified again in September. Member of the Obama Administration Visits Moritz John Trasviña, assistant secretary for Fair Housing and Equal Opportunity at the U.S. Dept. of Housing and Urban Development, was the featured guest at a September luncheon sponsored by the Program on Law and Leadership and the Latino Law Students Association. Before joining the Obama Administration, Trasviña served as president and general counsel of the Mexican American Legal Defense and Educational Fund (MALDEF); and worked for U.S. Sen. Paul Simon as general counsel and staff director for the U.S. Senate Judiciary Subcommittee on the Constitution. He also spoke with students enrolled in Professor Katrina Lee’s legal analysis and writing course. 4 | Moritz College of Law
First-Year Legal Writing Courses Evolve
hen first-year students received their course schedule in August, there was something new on it: LAW I and LAW II. The courses – an acronym for Legal Analysis and Writing – are both two-credithour courses that replace Legal Research (a one-credit-hour course formerly taught in the autumn semester) and Legal Writing (a two-credit-hour course formerly taught in the spring semester). LAW I, taught in the autumn semester, introduces students to legal institutions and processes; methods of legal analysis; research sources and strategies; professionalism issues; and communications skills. Students, of course, complete a variety of legal writing projects throughout the semester. “Legal writing, analysis, and research are essential components of thinking like a lawyer,” explained Deborah Jones Merritt, chair of the Academic Affairs Committee during the transition. “These new courses take our excellent writing program to a new level, laying the foundation for all law school learning.” Students change professors for LAW II in the spring semester in order to obtain a different perspective. LAW II also focuses on more sophisticated client problems. Other changes to the first-year curriculum include changing Contracts to a one-semester course taught in the spring instead of spread over both autumn and spring semesters. First-year students now take Criminal Law, Civil Procedure, Torts, and LAW I in the autumn semester and Property, Contracts, Constitutional Law, Legislation, and LAW II in the spring semester.
Berman, Davies, Foley Awarded Professor ships Three distinguished members of The Ohio State University Moritz College of Law have been awarded endowed professorships in recognition of their contributions in the classroom and in scholarship.
Douglas A. Berman
Sharon L. Davies
Edward B. Foley
Robert J. Watkins/Procter & Gamble Professor of Law
John C. Elam/Vorys Sater Professor of Law
Isadore and Ida Topper Professor of Law
Professor Douglas A. Berman was named the Robert J. Watkins/Procter & Gamble Professor of Law. His principal teaching and focus is in the area of criminal law and criminal sentencing. He is coauthor of a casebook, Sentencing Law and Policy: Cases, Statutes and Guidelines, and comanaging editor of the Ohio State Journal of Criminal Law. He also is the sole creator and author of the widelyread and oft-cited blog, Sentencing Law and Policy, which receives more than 100,000 page views per month and has been covered by The Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and other media. In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court.
Professor Sharon L. Davies was named the John C. Elam/Vorys Sater Professor of Law. Her primary research focus is in the area of criminal law and procedure. In 2010, Oxford University Press published her book Rising Road: A True Tale of Love, Race, and Religion in America, which recounts the revenge murder of a Catholic priest over an 18-year-old girl’s conversion to Catholicism and her marriage to a Puerto Rican migrant. Her articles have been published in a variety of leading journals, including Michigan Law Review, Duke Law Journal, Southern California Law Review, and Law and Contemporary Problems. She is coauthor of the leading treatise on health care fraud, Medicare and Medicaid Fraud and Abuse.
Professor Edward B. Foley was named the Isadore and Ida Topper Professor of Law. As the director of Election Law @ Moritz, he is one of the nation’s preeminent experts on election law. His current research focuses on improving the processes for resolving disputed elections, and he has been asked to lead an American Law Institute project on election law. His published scholarly articles include The Founders’ Bush v. Gore: The 1792 Election Dispute and Its Continuing Relevance and forthcoming papers on lessons learned from Minnesota’s 2008 U.S. Senate recount. Foley also designed a simulated dispute of the 2008 presidential election for a panel of three nationally prominent, retired judges. The experiment, he says, can aid in resolving future disputed elections. FALL 2011
April (Opper) Davis ’03 Alumna Selected As Moritz’ First Director of Student Services
pril (Opper) Davis ’03 has wanted to work with students ever since her graduate school years at Eastern Michigan University. Back then, she dreamed of earning her Ph.D. in English and opening up the world of literature and the beauty of the English language to college students. “I had two very wise professors tell me not to get my Ph.D. because there were so few jobs,” Davis said. “They were right, and I have seriously considered writing a thank-you to both of those professors since then.” Instead, Davis went to law school, graduating from The Ohio State University Moritz College of Law in 2003. As the College’s new director of student services, Davis will be an asset to students looking for advice, explained Assistant Dean for Academic Affairs Monte Smith. “She is smart, but she also has compassion, which is essential in this job,” Smith said. “What impressed the hiring committee most about April was that they could see a student being able to talk with her easily.” After law school, Davis clerked for the Michigan Court of Appeals and then began a career in real estate litigation at Baker & Daniels in Indianapolis. She later worked for Hahn Loeser & Parks LLP and Plunkett Cooney, P.C. in Columbus. “I really liked property law in school. It’s a practical area of law,” Davis said, adding that she has her real estate and title insurance licenses. “I’m one of those crazy people who could go to open houses all weekend.” While practicing, Davis still pursued her dream of working in a classroom. At Moritz, Davis was an adjunct professor of Appellate Advocacy. She is also an adjunct professor at Capital University, where she teaches College Reading & Writing Skills in the school’s English department. Her students may groan as they pore over Slouching Towards Bethlehem by Joan Didion, but it is one of Davis’ favorite reads. “That class is so fun to teach, it hardly feels like work – until I’m grading papers at 2 o’clock in the 6 | Moritz College of Law
morning. Then it feels like a job!” she said, laughing. Smith worked with Davis in Appellate Advocacy. “She’s the kind of person who will lay awake at night worrying about someone – and that is sometimes required in this line of work,” Smith said. Smith has handled approximately 500 to 550 student visits per year. Prior to scheduling classes, students want input on which courses to take and how to balance workloads. At other times, they come Davis believes with questions about students can find the taking summer classes to right opportunities pursuing dual degrees. But students also stop at Moritz – even if in when experiencing they are sometimes difficulties at school or unexpected. home that are interfering with their academic success. Because all of those are critically important conversations, there was a need to dedicate more resources to the department, Smith said. As the first director of student services, Davis will assist with academic and student advising; act as a liaison for students with disabilities; coordinate the judicial externship program; work with the Student Bar Association and other student organizations; and collaborate with other departments for orientation and hooding. As a former law student, Davis can identify with the concerns of students at Moritz. “Students should never feel embarrassed to come talk with me,” she said. Davis believes students can find the right opportunities at Moritz – even if they are sometimes unexpected. She met her husband, Bruce Davis ’04 of Bruce T. Davis Co. LPA., at orientation, for example. However, it wasn’t until Professor Quigley’s course in International Law, where they sat next to each other, that their love bloomed. “I didn’t learn much in that class,” Davis laughed, “which is shame because I was really looking forward to it.”
Around the Law School
Elizabeth Sherowski ’96 New Moot Court Program Coordinator to Focus on Recruiting Alumni
or many students, it’s the closest they will ever come to a courtroom while in law school. The Moot Court Program at The Ohio State University Moritz College of Law gives students an opportunity to practice making decisions and apply what they have learned in the classroom in a setting that’s the next-best-thing to the real world, explained Elizabeth Sherowski ’96, who became the program’s new coordinator in July. “The classroom side teaches you how to analyze the law,” Sherowski said, “but putting that into practice – how am I going to use these rules of “New competitions evidence to get this have emerged bloody shirt admitted, with an emphasis even though it’s clearly prejudicial? – that’s on negotiations, the kind of stuff you transactional law, don’t get to try out in a mediation, and client classroom.” Sherowski worked counseling.” for the Franklin County Prosecutor’s Office during and after law school. In the juvenile division, she found fulfillment in working on felony-level cases or with children involved in instances of abuse, neglect, and dependency. “I did a little bit of time in the adult division, and I didn’t like it as much. You were just recycling the defendants back through the system,” she said. “They would get out and steal another car. You would put them back in jail. They would get out and rob a UDF. You put them back in jail. “At least with the juveniles, it seemed like some of them just really screwed up and were scared enough that you could actually help them. You could stop them from progressing to the point where I saw adult offenders. After you’ve been in and out of jail a few times, you really don’t have much to fall back on besides crime.” Sherowski took off a couple of years to spend time raising her three children, who are now 14, 12, and 10. She then opened a private practice, working with children with disabilities in need of benefits and
those who had special education needs at school. For the last 13 years, she also was an adjunct professor at Moritz and Capital University. While she had searched for full-time teaching opportunities, no job description fit as perfectly as that for the Moot Court Program coordinator at Moritz. “It’s funny that I came back to do that because I was on the trial and moot court teams as a law student. I was a coach for moot court teams after I graduated. I’ve judged competitions,” she said. “This gives me a chance to put all of that to use.” New competitions have emerged with an emphasis on negotiations, transactional law, mediation, and client counseling, and Sherowski hopes to expand the Moritz program’s success in those areas. She plans to recruit alumni with experience in those fields to help prepare students in advance or sit in on competitions. Sherowski said it’s a great way to give back for those who have little time. Most competitions are a commitment of one evening, and lawyers who assist are given a free dinner and the chance to inspire those who are ready to embark on their legal careers. “Our alumni have so much experience they could share. No matter what situation we’re handling in moot court, I know we have 100 alumni who deal with that every day,” she said. “For one or two of them to come back and share, it is so helpful for students.” To volunteer with the Moot Court Program, contact Sherowski at firstname.lastname@example.org.
Professor Steven Huefner
Election Law @ Moritz:
States Need to Evaluate Systems Prior to Next Election
hen voters across America head to the polls on Nov. 6, 2012 to cast their ballots in the next major federal election, will the system be ready to handle the influx of new voter registrations, new voting laws, increased absentee and early voting, and recounts and challenges that follow close races? Researchers at The Ohio State University Election Law @ Moritz program recently conducted an indepth analysis of the election administration systems in five “Unfortunately, we key battleground states and cannot say that concluded more work needs other states would to be done to ensure election handle such a close systems promote access, race and recount as integrity, and finality. well as Minnesota.” “We choose to review — Professor Steven Huefner these five states – Minnesota, Illinois, Ohio, Wisconsin, and Michigan – because we believe they are representative of election administration across the country, and the lessons learned and challenges faced here can be an example for other states,” Professor Steven Huefner, one of the authors of the study, said. “There have been a 8 | Moritz College of Law
huge number of new election laws since Bush v. Gore in 2000, but most states still have substantial room for improvement. Anytime there is a close election, it puts additional stress on an already vulnerable system.” The study is a follow-up to a similar study titled From Registration to Recounts conducted by the researchers in 2007. “Since 2007, we have seen a significant increase in convenience voting – absentee or early voting. In Illinois, for example, almost 20 percent of ballots were not cast at the polls on Election Day,” Huefner said. “On a positive note, much of the litigation surrounding voting technology and electronic voting equipment has been settled.” As discussed in its earlier study, the researchers concluded that each state should review exactly who has final authority over the administration of elections. Several states, including Ohio and Michigan, give election administration authority to elected, partisan officials, most commonly the Secretary of State. According to the study, this can seriously jeopardize the perception of fairness in the case of controversial decisions or close races.
Around the Law School
“An independent board is the gold standard for election administration at the state level,” Huefner said. “Wisconsin recently created an election board comprised of retired members of the Wisconsin judiciary, all of whom have a reputation for integrity and nonpartisanship. This is what we would like to see in other states.” The election recount and challenges surrounding the 2008 Minnesota senate race between Norm Coleman and Al Franken was the most significant election issue faced by administrators since the initial study. The researchers used the facts of the Minnesota senate recount as a hypothetical to evaluate how other states would handle a similar close election. “The Minnesota Secretary of State, the State Canvassing Board, local election officials, recount volunteers, the three-judge panel, the media, and the Minnesota Supreme Court worked together as a team to resolve the dispute in a professional way that was relatively insulated from partisan bias,” Huefner said. “That said, I think everyone would agree that the process took too long – Minnesota was without representation in the Senate for almost six months – and we make recommendations to prevent this extended timeline in the future. “Unfortunately, we cannot say that other states would handle such a close race and recount as well as Minnesota,” Huefner said. “A recount like Coleman v. Franken in Ohio would generate many accusations of partisanship, whether founded or not. And, the public also would be more likely to view the outcome as unfair.” In addition, the researchers point out that in Ohio and Illinois, candidates for federal office are not allowed to contest an election or request a recount. The researchers also reviewed elements of the Help America Vote Act of 2002, which requires states to verify information on incoming voter registration applications against information contained in government databases. “While we have seen multiple lawsuits surrounding HAVA’s matching requirements in the past three years, none have been determined on the merits of the law, and we still do not know exactly what is required by the states under HAVA,” Huefner said. “There is a lot of confusion and inconsistent application surrounding HAVA.” The study was conducted with the financial support of The Joyce Foundation. The full analysis and recommendations are available in the book From Registration to Recounts Revisited: Developments in the Election Ecosystems of Five Midwestern States. To read the book, visit the Election Law @ Moritz website.
We choose to “ review these five states – Minnesota, Illinois, Ohio, Wisconsin and Michigan – because we believe they are representative of election administration across the country, and the lessons learned and challenges faced here can be an example for other states.” — Professor Steven Huefner FALL 2011
Professor Verdun Wins University Diversity Award
or more than two decades, Associate Professor Vincene Verdun has been at the center of efforts to promote diversity
– at Moritz, in the University, and in the larger community. Her efforts were recently recognized when she received the University’s Distinguished Diversity Enhancement Award. 10 | Moritz College of Law
This award is designed to recognize units or individuals who have demonstrated a significant commitment to enhancing diversity at The Ohio State University by implementing policies, procedures, and/or programs to enhance diversity on the basis of color, race, creed, religion, sexual orientation, national origin, sex, age, disability, veteran or military service status, gender identity, economic status, political belief, marital status, or social background. “The Ohio State University, the College of Law, and countless students are deeply fortunate to have benefited from Professor Verdun’s leadership and consistent, powerful efforts on diversity matters,” said Alan C. Michaels, dean and Edwin M. Cooperman Professor of Law. “She has made, and continues to make, a great and lasting difference.” At Moritz, Verdun has led numerous efforts to promote diversity. She is the advisor to the Black Law Students Association and has spearheaded the organization’s study skills programs, moot court team, awards banquet, and events. She has helped Moritz shape admissions and faculty appointment policies to meet the requirements of the law and promote diversity. Verdun has served on many University committees, addressing such issues as sexual harassment, family leave, and domestic partner benefits as well as issues facing minority students. “Her greatest contributions cannot be captured through speeches and committee memberships. She simply stepped forward, with not only sincerity, but also creativity and effectiveness, to seize opportunities to enhance diversity,” said Nancy Rogers, the Michael E. Moritz Chair in Alternative Dispute Resolution. “Professor Verdun has helped to establish the equality and welcoming atmosphere that we now cherish at Ohio State.” Professor Verdun is also a founder of READ (Read Columbus Read, Inc.) a nonprofit organization that provides academic assistance, reading incentives, and access to computers to low-income children in Columbus’ housing projects. She is on the board of directors of the Dr. Martin Luther King, Jr., Arts Complex which is an art and cultural center located on historic Mt.Vernon Avenue in Columbus. Verdun joins Moritz Professors Kathy Northern and Ruth Colker as winners of the award in the past 10 years. In addition, the Black Law Students Association at Moritz also was recognized by the University in the past for its service.
Around the Law School
Rogers Honored by League of Women Voters
ancy Rogers, the Michael E. Moritz Chair in Alternative Dispute Resolution, was honored with the League of Women Voters Democracy in Action award in May. The tribute to Rogers featured E. Gordon Gee, president of The Ohio State University; Richard Cordray, former Ohio Attorney General; Alan C. Michaels, dean and Edwin M. Cooperman Professor of Law; Sharon Davies, John C. Elam/Vorys Sater Professor of Law; and Carl Smallwood ’80, Vorys, Sater, “I take great pleasure to Seymour and Pease take part in paying LLP. tribute to one of Ohio Rogers is the State’s finest treasures, former dean at a woman whose entire Moritz and has professional life served as president embodies the land-grant mission of public service of the Association upon which Ohio State of American was founded.” Law Schools; —E. Gordon Gee was appointed by President Clinton to the board of directors of the Legal Services Corporation; served as one of Ohio’s five commissioners on the National Conference of Commissioners of Uniform State Laws; and chaired the Judicial Advisory Committee, which reviews candidates for the U.S. District Court for the Northern District of Ohio. In 2008, she was appointed Ohio Attorney General. “I take great pleasure to take part in paying tribute to one of Ohio State’s finest treasures, a woman whose entire professional life embodies the land-grant mission of public service upon which Ohio State was founded,” President Gee said at the event. “While serving as attorney general was her brightest moment in the public spotlight, Nancy has been serving the people of this state and the cause of good government for decades. She has lived the values that we preach to our students, and made us all the better for it.”
Merritt, Smith Elected Outstanding Faculty/Staff by Class of 2011 For the second year in a row, Professor Deborah Jones Merritt has been elected the Morgan E. Shipman Outstanding Professor by the graduating class. In the 2010-11 academic year, Merritt taught Evidence, a seminar on the Business of Law, and the Criminal Defense Practicum. “I’m overwhelmed! We have so many outstanding professors at the College of Law -- I was surprised to be chosen last year, and I’m doubly honored this year,” Merritt said. “I think good teaching rests on knowledge, enthusiasm, and personal connection. I try to learn as much as I can about my subjects, share my passion, and work to connect with the students’ perspective.” Merritt is the John Deaver Drinko-Baker & Hostetler Chair in Law. Monte Smith, assistant dean for academic affairs, was elected Outstanding Staff Member for the third year in a row. “I’m honored,” he said. “I feel like I should be giving them an award, not the other way around.” In total, more than 50 awards were given to students during the Hooding Ceremony and the Honors Convocation. Notably, the class as a whole performed more than 13,500 pro bono legal volunteer hours, serving more than 54 organizations from Alaska to Vermont, Texas to Illinois, and DC to Toledo.
The Statehood of Palestine: International Law in the Middle East Conflict (Cambridge University Press, 2011)
John B. Quigley “I highly and unequivocally recommend this book to all those concerned about the fate of Palestine.”
Cheryl A. Rubenberg, Editor, Encyclopedia of the Israeli-Palestinian Conflict
n the midst of recent debates on the question of the statehood of Palestine and its recognition by the United Nations, The Ohio State University Moritz College of Law Professor John B. Quigley turned to international law to argue Palestine is a country – and has been since 1924 – in his most recent book, The Statehood of Palestine: International Law in the Middle East Conflict. Quigley, the President’s Club Professor of Law, traces the Palestine state back to 1924 when the Treaty of Lausanne finalized the demise of the Ottoman Empire and established three of the former territories – Iraq, Syria, and Palestine – as states. By arrangement with the League of Nations, Syria was administered by France and Great Britain administered both Iraq and Palestine. Quigley reviews the language of the treaty and supporting documents with great detail. In the 1930s and 1940s, courts in Great Britain and Egypt both found Palestine to be a state in cases questioning nationality. Between 1924 and 1948, several international institutions recognized Palestine as a state, Quigley said. So too did the United States. “In this insightful work, John Quigley begins by acknowledging that Palestine’s identity and culture have long been an enigma, but that the ambiguity of its status in the international community of nations is unacceptable,” said Cheryl A. Rubenberg, Editor, Encyclopedia of the Israeli-Palestinian Conflict, in a review. “‘Palestine became and remains a state’ and he demonstrates that it should enjoy all the privileges,
12 | Moritz College of Law
responsibilities and obligations of every other state. Through assiduous research and astute analysis Quigley peels back the dark encrusted layers of misinformation that have shrouded the question of Palestine and statehood for more than 100 years...I highly and unequivocally recommend this book to all those concerned about the fate of Palestine.” In 1932, Great Britain formally pulled out of Iraq, but remained the administrator of Palestine. “Palestine was more complicated because of the possibility of the establishment of a Jewish settlement in the area,” Quigley said. “There was no consensus on a government, unlike Iraq.” In 1948, the Jewish community declared itself a state in the bulk of the Palestinian territory. Great Britain “booked” – as Quigley described – and left Jordan and Egypt to administer the remainder of the Palestinian territory, which included the West Bank and Gaza Strip. “Just because a state is occupied does not mean it is no longer a state. No one argues that Denmark was no longer a country when Germany occupied it in World War II. No one argues Kuwait was no longer a country when it was occupied by Iraq in 1990.” Professor John B. Quigley
“During this time, Jordan and Egypt took on a caretaker role,” Quigley said. In 1967, Israel occupied the West Bank and the Gaza Strip, an act Quigley argues did not change the status of Palestine as a state. “Israel did not claim sovereignty of the West Bank or the Gaza Strip in 1967,” Quigley said. “Just because a state is occupied does not mean it is no longer a state. No one argues that Denmark was no longer a country when Germany occupied it in World War II. No one argues Kuwait was no longer a country when it was occupied by Iraq in 1990.” In 1988, the Palestinian community reasserted its statehood. The 20-year occupation by Israel is not an obstacle in Palestine’s claim for continued statehood, says Quigley. Other countries – including Estonia and Latvia, both of which were occupied by Russia for decades – have successfully argued continued statehood in spite of occupation, Quigley argues. “Palestine is not a state because Israel says it is not, a refrain echoed by the United States and Western European states,” said John Dugard, Former Special Rapporteur on Human Rights in the Occupied Palestinian Territory, in a review. “But, as Quigley shows, the situation is more complex. Palestine appears to meet the criteria of statehood and is certainly better qualified for statehood than entities accepted as states such as Kosovo, Micronesia, the Marshall Islands and Palau. Moreover it has been accepted as a state since the 1920s and is at present recognized by over 100 states. The occupation of Palestine presents problems but international law has never allowed occupation to undermine statehood. Statehood has become the ransom price Palestine must pay Israel and the United States for concessions on territory, refugees and security. Quigley’s thoroughly researched and carefully written study shows that international law is the loser as consistency in international practice on statehood is sacrificed to the realpolitik of a world subservient to Israel.” Scholars arguing against Quigley’s position often cite a lack of control over its territory and population as the reasoning against Palestinian statehood. But, as noted above, when the lack of control is caused by military occupation, the international community has repeatedly recognized statehood. “The view that Palestine is not a state suffers from four errors,” Quigley wrote. “It disregards historical
facts that show Palestine statehood dating from the mandate period [the Lausanne Treaty]. It applies criteria for Palestine statehood that are more stringent than those actually followed in the international community. It fails to account for the fact that Palestine’s territory is under belligerent occupation. It fails to account for facts showing the implied recognition of Palestine.” If Palestine is recognized as a state, it could join the United Nations. More importantly, according to Quigley, the International Criminal Court (ICC) would also have jurisdiction for any war crimes committed in its territory. The ICC defines the establishment of civilian settlements in the territory of a state under military occupation as a war crime. The ICC would have jurisdiction over any such acts that took place after July 1, 2002, when the ICC was established. “Palestine should be brought into the community of nations as a full-fledged citizen,” Quigley wrote. “Given that microstates are admitted as members of interstate organizations, it is anomalous that Palestine is not similarly admitted. The international community purports to operate on the basis of principle, but the differential treatment that international organizations accord Palestine shows that they are constrained by other considerations. The very aims of peace and stability that the international community poses as its objectives would be served by following through on the logical implications of Palestine’s statehood.”
Notable Quotables webextra http://moritzlaw.osu.edu/faculty/news
“I think AT&T saw the Murdoch problems and they saw how easy it was to break into their system.” Professor Peter Swire, explaining default methods by which cell — phone customers check their voicemail in a Boston Globe article about Rupert Murdoch’s News Corporation’s hacking scandal
“Whatever the outcome of this case, it appears that Bank of America shareholders were sacrificed in December 2008 so that the Merrill deal could be completed. The bill may now be coming due for Bank of America,” Professor Steven M. Davidoff, writing about — Bank of America’s potential liability related to its acquisition of Merrill Lynch in his weekly New York Times column, the Deal Professor.
“It’s not just that the jury decision came out differently than we had hoped, it’s that the jury decision wasn’t a statement of her innocence. It was a statement of ‘We can’t figure out what happened.’ And in some sense, that’s even more frustrating than if the jury said, ‘We don’t think she did it.’” Professor Douglas Berman, commenting on the Casey — Anthony decision in the Miami Herald.
“This proposed plan has all the earmarks of the partisan gerrymander, and I would be shocked if it were not challenged.” Professor Daniel P. Tokaji, responding in the — Toledo Blade to the proposed congressional districts drawn in Ohio’s redistricting process.
“I always say, sort of jokingly, if you weren’t doing it in front of your mother, you shouldn’t do it. If it’s behavior that you have to go, ‘I wonder if this is OK,” the answer has to be no.” Professor Camille Hébert was quoted by ABC News in — an article about the alleged sexual harassment by GOP Presidential candidate Herman Cain.
Meet the New LL.M. Class They represent eight different countries and have a wealth of experience studying or practicing law abroad. This year’s group of LL.M. Program students is the largest yet to come through The Ohio State University Moritz College of Law, according to Jessica Dworkin, assistant dean for international and graduate affairs.“We have new countries represented (Brazil, Dominican Republic, Germany, Tajikistan),” she said. “Moritz is certainly gaining recognition all over the world!” The LL.M. program is designed for foreign lawyers who wish to advance their legal education. They come to Moritz for the opportunity to immerse themselves in U.S. legal education and among American law students for a year.
emember your first day of law school? Perhaps you enjoyed a cookout on the front steps and met your new classmates and professors. In August, approximately 215 new first-year students gathered at orientation. From the student involvement fair to the faculty and student panels and case briefing â€œlessonsâ€? with Professor Mary Beth Beazley, the three-day event was jam-packed. The cookout, now a Moritz tradition, was once again very popular with students and faculty. f 2014 C la s s o
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Dinsmore & Shohl Fund Renovations of Student Locker Area &Shohl S
new flooring, new ceilings, new lockers, new lighting, new furniture, new walls, new student group areas, ne
hile autumn’s technicolor foliage is apt to make one reminisce about school days gone by, most would expect their alma maters have changed with the times, evolving into environments suited for the modern student’s needs. So when employees of Dinsmore & Shohl LLP were asked to donate funds to update the student locker area at The Ohio State University Moritz College of Law, most had the same reaction as partner Frank Woodside III ’69. “It’s still the same as when I was there?” A major expansion of Drinko Hall and the Moritz Law Library was completed in the early 1990s, and classrooms and corridors have been refurbished throughout the years. While students can link up to smart technology for robust discussions in the classroom, they still begin and end their days by tugging open and slamming shut lockers original to the building’s 1959 construction. “There are three differences I noticed,” partner Donald B. Leach Jr. ’82 said after a visit to the area this summer. “The bridge table’s not in the corner. The lockers have been painted, and there’s carpeting.” Leach recalls discussions with Dean Alan C. Michaels about the firm contributing to a scholarship effort. The firm’s Columbus office had grown significantly, becoming one of the 10 largest in Central Ohio, and there are many Moritz alumni throughout the firm. “Out of that conversation emerged the idea of our firm making a larger capital contribution to the school, rather than simply a scholarship contribution,” Leach said. “It’s not because the scholarship program isn’t important, but we wanted to do something more long-lasting.”
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In all, 36 attorneys at the firm felt that way. Through the generosity of alumni from the classes of 1966 to 2009 and matching funds from the firm, the Dinsmore & Shohl Student Commons will await students returning to campus in August 2012. Moritz faculty, staff, and students will work with M + A Architects during the 2011-12 school year on renderings, design, and special features. The area will include new floors, ceilings, utilities, mailboxes, furniture, and lockers, of course. The corridor leading to the law journal suites will be remodeled as well. “This room needs work,” George Vincent, managing partner and chairman of the law firm’s board of directors, said on a walk-through of the area. Dinsmore & Shohl has contributed to improving facilities at the University of Cincinnati, West Virginia University, and Vincent’s alma mater, the University of Michigan. “It’s something that’s important to us,” he said. “We want law schools to produce the highest-caliber students they can possibly produce because, in the end, we benefit from them. The community benefits from them.” Woodside and Leach spearheaded fundraising efforts for the new student commons. “Don and I got on the phone and email,” Woodside said, beginning to chuckle, “and we started hounding people.” “They’re all anxious to return our calls now,” Leach added with a grin. Their pitch was successful, as the firm had 100 percent participation from Ohio State alumni. Frederick Caspar ’81, a partner in the Dayton office, was
webextra http://moritzlaw.osu.edu/about/ dinsmorestudentcommons
ew mailboxes, fresh paint, new flooring, new ceilings, new lockers, new lighting, new furniture, & more...
“It should be a setting, hopefully, that builds the camaraderie. I know I really enjoyed the social aspects and personal relationships at the law school. Part of that was hanging around the lockers. If we can facilitate that, it would be a great success.”
not surprised by the outpouring. “It’s not just undergrads who have school spirit at Ohio State,” he said. “When I went here, I was ensconced in this building for three years. I saw very little of the rest of campus. But you’re a Buckeye. You’re an Ohio State alumnus, and it’s both a professional education that you received and major school spirit. I think that’s endemic of anybody who graduates — Donald B. Leach Jr. ’82 from here.” Caspar remembers toiling over the Ohio State Law Journal as a student, and Leach and Woodside recall classmates’ marathon bridge games occurring in the locker area during their law school days. If he had to guess what was in his locker as a law student, Brett Miller ’81, a partner in the Columbus office, said, “It was mainly books, rather than today’s computers. The other thing would have been my tennis shoes and a baseball glove or basketball for our intramural sports that we were playing to keep our sanity.” Common to all of their memories, however, was the social connection they made with classmates around the locker area. Leach would like the Dinsmore & Shohl Student Commons to provide a similar atmosphere.
“I am picturing an area that is comfortable, practical and fun – a place for students to gather, interact, blow off a little steam periodically,” Leach said. “It should be a setting, hopefully, that builds the camaraderie. I know I really enjoyed the social aspects and personal relationships at the law school. Part of that was hanging around the lockers. If we can facilitate that, it would be a great success.” The modern law school student may not want a bridge table, but Woodside suspects the student commons will have plenty of electrical outlets with which to charge laptops and cell phones. Some things never change: Law students today still hole up in Drinko Hall, just like those of generations past. “If there was a gripe, it very well could have been the number of lockers that were out of commission and the general look of decline in that part of the building,” said Thomas Bethany, a member of the Class of 2012. “It’s my hope that the area gives students a renewed sense of pride in Moritz. It’s important to have the physical infrastructure of the building match the prestigious academic nature of the institution.” As a current student, Bethany will be on the advisory committee for the new student commons. When asked what he would say to leaders at Dinsmore & Shohl and the many alumni who are making the project possible, he had more than two words. “Thank you. Moritz is worth the investment,” he said. “By improving the school’s appearance, Dinsmore & Shohl is helping Moritz continue to succeed in the years to come. To make this kind of investment is impressive and should, hopefully, inspire other alumni to be as generous as Dinsmore & Shohl.” FALL 2011
Moritz Welcomes Seven New Facult y Members By Barbara Peck
When orientation kicked off in August, the new faces were not limited to the Class of 2014. Over the summer, Moritz welcomed seven new faculty members, a considerably higher number than in recent years. From Wall Street deals to climate change and legal writing, the new faculty members have a vast range of interests and experiences.
Steven M. Davidoff
Associate Professor of Law Steven M. Davidoff is a self-proclaimed deal junkie. His pulse races at the hint of a new deal in the making. His eyes quickly scan business wire postings, his smart phone pings with tips. What multimillion dollar deal is in the making today? Davidoff will know. He is, after all, The New York Times Deal Professor, weekly columnist, and frequent contributor to the Times’ Deal Book. And, he is also the latest addition to the Moritz business law faculty. “From speaking to attorneys in private practice and in-house, I realize that part of our job is to not only teach students how to think like a lawyer and to know the law but how to act like one when they leave Moritz,” he said. “I strive to do this in my classes. My job is to make sure that Moritz students function and contribute to a firm from day one.” Davidoff may be just the person to teach students about the ins and outs of working for a corporate firm. He spent almost 10 years at Shearman & Sterling LLP in its New York and London offices and with Freshfields Bruckhaus Deringer LLP at its London office. He represented European and U.S. clients in acquisitions and sales of public and private companies, joint ventures, and private equity and venture capital investments. “I started off in litigation, but quickly made the flip to corporate law,” Davidoff said. “The economics, the regulations, the negotiations, the collaboration, seeing your deal on the front page, it can affect so many people. I am really a deal junkie.” After 10 years of chasing deals on both sides of the pond, Davidoff took down his shingle and decided to head to the London Business School to earn a master’s degree in finance. Still yearning for more deal-making, he hoped the move would lead him to the life of an investment banker. But,
the law kept calling. “I really decided it was now or never to become a law professor,” he said. Davidoff, who graduated from Columbia University School of Law and earned his undergraduate degree at the University of Pennsylvania, landed on the faculty at Wayne State University and then the University of “From speaking to Connecticut. He made attorneys in private blogging an integral part of practice and in-house, I his work as a professor. “It was right when the realize that part of our financial crisis hit, and I was writing constantly about job is to not only teach mergers and acquisitions students how to think and collapsing companies,” Davidoff said. “The media like a lawyer and to began reading my blog, know the law but how to and I was called a lot for quotes. One day Andrew act like one when they Sorkin from the Deal Book leave Moritz.” asked me to write for The New York Times. I now — Steven M. Davidoff have a weekly column on Wednesdays in the print edition, and I blog frequently for Deal Book.” In 2009, Davidoff released the book Gods at War: Shotgun Takeovers, Government by Deal and the Private Equity Implosion, which explores modern-day deals and deal-making. Fortunately for Davidoff, the recent economic crisis has left him plenty to talk about in papers, blog posts, presentations, and, of course, class. “I think we are still discussing what went wrong,” he said. “There was obviously too much leverage in the system, and people across the board were making foolish choices. Banks lowered standards for debt; a lot of people took advantage of the system; and it all came crashing down. Dodd-Frank is designed to deal with some of these issues, and we will see how it is implemented over the next few years. Unfortunately, history tells us it takes about five to ten years to recover after a bubble burst, so we are only halfway through. There is still a lot of bad debt in the system that needs to be resolved.” Davidoff is currently working on scholarship related to financial regulations, the implementation of Dodd-Frank, hedge funds, private equity, mergers and acquisitions, deals and deal theory and jurisdictional competition. He has a particular interest in international issues and interdisciplinary research in law and finance. He has testified before Congress and has served as an expert witness in a number of major public company deals. For those wishing to talk to Davidoff about the financial crisis or other issues, it may be best to head the airport. In recent weeks, he has been to Columbia University, Vanderbilt University, Cornell University, and Suffolk University as well as the conferences of the American Finance Association,
ISS – Proxy Advisory Services, and the Penn State Institute of Mergers, Acquisitions and Alliances lecturing and giving presentations on, what else, deal-making and deal theory. Or, you may find him in his new backyard checking on the fish in his pond. “It’s a zen pond. There really are four fish in there,” he said. “I check on them every day while I write. Well, every day that I am home.”
Cinnamon Piñon Carlarne Assistant Professor of Law
What part of our lives does climate change affect? Well, according to Cinnamon Carlarne, Moritz’ new resident expert on environmental law and climate change, it may be easier to list the areas it does not affect. But, here’s an attempt anyway: biodiversity, trade, air quality, food security, ocean pH levels, where and how food grows, governance of the Arctic, geoengineering, international treaties, energy supply and demand, population density and location, ocean health, and human health and well-being. “The complexity is what I find fascinating about this field,” Carlarne said. “It involves the intersection of so many varied legal, political, and economic issues. There is so much happening in this area that is not being reported on.” Carlarne’s research focuses on the evolution of systems of domestic and international environmental governance. She is the author of Climate Change Law & Policy: EU & US Approaches, published by Oxford University Press in 2010, and coeditor of Seas, Society and Human Well-Being, which will be released by Wiley Blackwell in 2012. “Food security is a perfect example of the complexity involved in climate change. Our global food system is on the brink of collapse; there are more hungry people in the world than ever before,” Carlarne said. “As climate change affects where and how food grows and water is available, this will put added pressures on an already stressed water
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system, creating great social and political fallout. You cannot separate climate change from its social impact.” Carlarne’s research primarily focuses on climate change law and policy at the global level. “My greatest wish is for climate change to be depoliticized,” she said. “In the 1970s, environmental politics were not so partisan or divisive, and politicians worked cooperatively to pass the Clean Air Act and other key pieces of environmental legislation. Of course, at the time, this was easier because the problems were visible; you could see the smog and our rivers were dirty and on fire. Today, our problems are just as severe – more so, really – but they are harder both to conceptualize and respond to. If we could get beyond politics, we could really talk about these complex issues and come up with more sophisticated solutions.” Carlarne spends much of her time outside the classroom, working with researchers from around the globe. After attending the University of California, Berkeley Boalt Hall School of Law, where she took her first international environmental law class, Carlarne spent two years at the University of Oxford, earning both a Bachelor of Civil Law degree and Master of Science degree in environmental change and management. “The master’s program at Oxford was intense,” she said. “It brings so many different people from different “Food security is a disciplines together and perfect example of the helps you think across geographic and disciplinary complexity involved in lines. As an environmental climate change. Our lawyer, I cannot be an expert in everything, but global food system is on the program at Oxford the brink of collapse; really taught me how to ask the right questions.” there are more hungry After Oxford, Carlarne people in the world than spent a year in the energy, environment, and landever before.” use practice group at — Cinnamon Piñon Carlarne Akin, Gump, Strauss, Hauer & Feld LLP in Washington, D.C. But, she knew early on that teaching international environmental law was her true calling. She taught previously at the University of Cincinnati and the University of South Carolina. “I love teaching. It is the whole package,” she said. “I love meeting the fantastic people – from my students to colleagues to collaborators around the world. I love researching and writing. This summer I spent time in Switzerland with some of the world’s leading negotiators on climate change. I get challenged every single day.”
Assistant Clinical Professor of Law A year spent volunteering after college shaped the rest of Kimberly Jordan’s life. Jordan, who is a new clinical professor in the Justice for Children Practicum at Moritz, worked in a half-way house for the Jesuit Volunteer Corps after college and saw the effects of drug and substance abuse firsthand. That experience led her to become a licensed substance abuse counselor. “I worked with so many women and children, and it just seemed like there was more I could do to help,” Jordan said. She was right. Jordan earned a fellowship to Loyola University of Chicago School of Law to focus on children’s issues in the law. Prior to joining Moritz, Jordan was a senior attorney for the Legal Aid Society of Southwest Ohio, LLC, where she focused on family law and representing children in abuse and neglect proceedings in juvenile court. “Children really do have special needs in the courtroom, and there is a lot of debate about the roles of attorneys who are serving as the voice of a child in a case,” she said. Prior to coming to Ohio, Jordan worked as a staff attorney for the Legal Assistance Foundation of Metropolitan Chicago and as an assistant defender for the Illinois Office of the State Appellate Defender. Jordan has tried more than 50 cases, but now will turn over first-chair to her students. “The goal is for our students to represent our clients in every way, which includes going to trial,” she said. “I am excited about training young attorneys to represent children. Children’s law really needs to be treated as a specialty, just like children are treated in the medical field.” Between six and eight Moritz students are involved in the clinic each semester, and they work on cases ranging from delinquency issues to judicial bypass and abuse to neglect cases. Most of the cases are pending in the Franklin County
Juvenile Court. “Once a person becomes a client, we keep them as a client, even after their immediate issue is resolved,” Jordan said.
Assistant Clinical Professor of Law Katrina Lee seems destined to teach. She proudly tells you she attended public schools from start to finish – first San Francisco Unified Schools and then the University of California, Berkeley for both undergrad and law school. Her father was a teacher. She took so many classes as an undergrad that she ended up triple majoring in English, political science, and mass communications. “I really did enjoy every class I took, and I took every class I possibly could,” she said. She was editor-in-chief, news editor, and city desk editor of The Daily Californian, Berkeley’s independent student newspaper. Later, she sat on the board of directors. “Deciding about whether to be a teacher, a journalist, or a lawyer was an extremely difficult choice for me,” Lee said. “It was a decision I thought about a lot.” Once the decision was made, however, Lee tackled the law with everything she had. She focused on complex commercial litigation at Nossaman LLP in San Francisco and was elevated to equity partner in her seventh year of practice, making her one of the youngest equity partners in firm history and also the firm’s first Asian-American female partner. She represented Fortune 100 companies in all litigation phases, including discovery, mediation, trial, and appeal. In 2003, she worked on a trial team that attained a $383 million jury verdict, one of the largest in the country that year, on an insurance recovery action. “The great part of that case was working with so many attorneys at the top of their game, doing what it is they do best,” Lee said. “Even though there were long, difficult hours, we worked together so well and so successfully.” In 2006, four days after getting married in San Francisco, Lee was back in the courtroom without a honeymoon. She worked so late into her first pregnancy that her first daughter was born full-term at Ohio State Medical Center just 10 days
“I want to give my students assignments they might actually encounter in practice. I want the assignments to reflect the challenges attorneys face.”
after she boarded a plane at SFO for Columbus. Lee and her husband, also a professor at Ohio State, now have two daughters. Despite a 12-year litigation career and a love of litigating that never abated, Lee’s desire to be at the front of the classroom was always just beneath the surface. “Working with the — Katrina Lee students in the summer at the law firm was always one of the highlights of the year,” she said. “The summer associates brought such a unique energy to the office. They were excited; the attorneys were excited. It made the office fun.” She chaired her firm’s recruitment committee and ran the San Francisco office’s summer associate program. “When I learned of the opportunity to work with students at Moritz on a daily basis and to work with them oneon-one with their writing, it sounded like one amazing gift: to do that every day,” Lee said. By semester’s end, she will have had six individual conferences with each of her firstyear writing students. “I want to give my students assignments they might actually encounter in practice. I want the assignments to reflect the challenges
attorneys face,” Lee said. “One of my absolute favorite parts of practice was writing and editing a memo or brief, and now I am excited to teach about it.”
Anne E. Ralph
Assistant Clinical Professor of Law Writing is what defines Anne Ralph. From poetry to fiction and the occasional Supreme Court amicus brief, she can write it all. “For lawyers, so much of what we do is analysis communicated through writing. Writing is our opportunity to explain things clearly, express our concerns, and guide a client to the most beneficial path or persuade a decision-maker,” Ralph said. “Writing is the law’s most versatile and important tool.” Ralph will bring her writing insights to the classroom as a legal analysis and writing professor at Moritz. After majoring in English and philosophy at the University of Notre Dame, Ralph earned her law degree from the University of Virginia School of Law. She was a law clerk for Judge Kenneth F. Ripple of the United States Court of Appeals for the Seventh Circuit and then practiced with law firms in Washington, D.C. and Columbus, focusing on copyright litigation, business litigation, and appeals. “My clerkship is where I really honed my legal analysis and writing skills,” she said. “I want to bring the lessons I learned to my students early in their law school education.” Ralph represented clients in every level of federal and state courts in Ohio, in federal courts throughout the country, and before federal agencies. A Columbus native, she served as a visiting professor at Capital University Law School. “I am passionate about helping my students become the best legal writers they can be,” she said. “I want them to be confident in their ability to develop well-reasoned legal analysis and engage in the process that creates good legal writing. I want to give my students the tools to continue to develop as thinkers and writers throughout law school and throughout their careers.”
Guy A. Rub
Assistant Professor of Law It might seem that Guy Rub has made a hobby out of collecting university diplomas. Rub has studied law on three continents. He completed his studies as an SJD candidate and received an LL.M. degree from the University of Michigan Law School; a master’s degree in 24 | Moritz College of Law
Law & Economics from the University of Madrid; a European Master in Law and Economics from the Erasmus University in Rotterdam, Netherlands; and an LL.B. degree from Tel-Aviv University. He also earned his bachelor’s degree in computer science from Tel-Aviv University. “I have always been drawn to law and economics,” Rub said. “I knew there was room for interpretation in the law, but the amount of vagueness initially really took me by surprise in law school. In law and economics, there is more of a methodology. I have a math background so I like to try to look at legal arguments from a scientific methodology.” After picking up two graduate degrees in Europe, Rub decided to head to the United States and landed at the University of Michigan. “America is really the world’s leading legal market, especially for academia,” he said. In Ann Arbor, he lived across the street from Michigan Stadium. “People used to barbecue on my front lawn before games,” said Rub, who, having grown up in Israel, is more of a soccer fan. Rub spent three years practicing at Munger, Tolles & Olsen LLP in Los Angeles. He worked on transactions and mergers for Berkshire Hathaway Inc. as well as some of the major movie studios. At Moritz, he will be teaching Copyright Law and Law and Economics this year and eventually will add Contracts to his course list. “The hardest part of teaching is thinking about how to present ideas I am very familiar with,” Rub said. “I have read many of these articles 10 times in my career. I have to put myself in the students’ perspective and remember they are encountering them for the first time.” Rub’s recent article Contracting Around Copyright: the Uneasy Case for Unbundling Rights in Creative Works, was published in the University of Chicago Law Review. As for remembering which team to cheer for on a football Saturday, it should not be too difficult for Rub. “The colors of my favorite soccer team – Hapoel Tel-Aviv - are red and white, and their archrivals are yellow and blue,” Rub said. “I should be all right.”
Todd Starker ’07
Assistant Clinical Professor Todd Starker ’07 is familiar with Drinko Hall. He can navigate the twisting back hallways to the journal suites in the dark. But, his inside knowledge does not end there. He can cut his way across campus in less than 15 minutes. He knows the words to “Carmen Ohio” – probably backward. After spending more than a decade on campus as a student, and graduating three times, he ought to anyway. Starker, who teaches courses in legal analysis and writing, first came to The Ohio State University as an undergrad, majoring in math. His next stop was the Fisher College of Business, where he earned his M.B.A. He spent the better part of eight years buying and selling companies and properties in
central Ohio. But, campus was calling him back again. “I considered doing a Ph.D. in business and becoming a business professor,” he said. “Eventually, I opted for a J.D. because it had more practical application, but I could still teach. Everything I did in law school – from working for top grades to serving as editor in chief of the Ohio State Law Journal – was all with the idea of perhaps teaching one day.” After graduation, Starker clerked for Judge Alan Norris on the United States Court of Appeals for the Sixth Circuit. “With an M.B.A., I knew I wanted to do transactional work in my practice, but I clerked anyway,” he said. “It was a great experience. Judge Norris is amazing, and I worked closely with a career clerk who is just brilliant. Working with my coclerk was unique, because he had knowledge and experience to rival any judge, but he was not a ‘boss.’ We discussed issues in depth as equals and went back and forth on research, analysis, and writing. His mentorship was invaluable.” Starker then headed to Squire Sanders & Dempsey LLP in Columbus. He handled more than $10 billion in transactions related to the Troubled Asset Relief Program (TARP) and worked on mergers and acquisitions large and small. “I found that the closer I was able to work with the actual risk-taker, the more fun the deal,” he said. Perhaps that is because Starker himself has bought companies, started companies, sold companies, been sued as a business owner, and sued as a plaintiff business owner. But even the fast-paced life of a corporate lawyer could not rid Starker of his desire to teach. The problem was that with a growing family and deep roots in the community, he was not willing to leave Columbus for any length of time. Most new law professors move frequently in their first few years of teaching. The odds did not look good for Starker … unless the University he knew so well just happened to create three new teaching positions in its legal writing program. “It really is awesome to be back on campus,” he said. “It is a dream come true.”
W h y I Wa n t to go to
Law Schoolâ€Ś It is a question every law school applicant must answer. It is a question many pondered for hours as they sat before a blank computer screen trying to craft a personal statement for admissions. How does one condense their life story into two double-spaced pages? Some write about their volunteer work, overcoming childhood challenges, or finding a passion as an undergraduate. Their stories are often personal, moving, and inspirational. In any given year, the Moritz Admissions Committee will review over 2300 personal statements. Following are the statements from three of the newest members of the Moritz community.
Personal Statement of
n May 24, 2006, I thought my fairytale life had only just begun. When I stepped off the stage at university commencement with a smile on my face and degree in hand, I had overcome physical challenges, leaped mental barriers, and impressed the most cynical of skeptics with my achievements to date, and all before the age of 22. I truly had it all – in the four years since graduating from high school, I earned two bachelor’s degrees and a master’s degree, became a commissioned Army officer, received a fellowship to attend a prestigious law school, and, last but not least, was engaged to be married to the love of my life. My fiance was an Army Ranger serving at Fort Bragg, the home of the illustrious 82nd Airborne Division. Our 20-plus-year plan for a happy and successful future was already in full swing and had been carefully engineered down to the letter. With Jon, I got my very own Cinderella story – fairytale romance, fairytale wedding, fairytale life. Or so I thought. Jonathan Grassbaugh and I met when I was a freshman and he was a senior at The Johns Hopkins University in Baltimore, Md. At 18 years old, I was a dedicated academic, allergic to exercise, and getting dirty ranked low on my priority
list. I was not even a U.S. citizen, having moved from Scotland to Massachusetts in April of 1994. Despite these handicaps, I loved military history and decided to join the Army ROTC program. After months of learning by trial and error, I began to understand what I had signed up for as an ROTC Cadet. Better yet, I came to know the man I would later agree to marry. Jon and my’s Cape Cod wedding in June of 2006 was like a scene out of a bridal magazine, and our whirlwind honeymoon to Jamaica was nothing short of heavenly. When we returned home, however, we had only five short weeks together before Jon deployed to Iraq on July 31st, 2006. Looking back, I cannot fathom how we prepared for him to leave so quickly; we literally just pushed aside the bubble of newlywed bliss, buckled down, and held onto the promise of a long and beautiful future as we bid our tearful goodbyes. Just over eight months into the deployment, I learned that my mom had been admitted to the hospital with multiple pulmonary embolisms which, if left untreated, can prove fatal. Reeling with this news and preoccupied with the stress of final exams, I decided to drive from Virginia to our apartment in North Carolina for the weekend. When I heard the knock at my door at 5:30 p.m. on Saturday, April 7, 2007, I was about to FALL 2011
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tackle an ominous mountain of 1L homework as law student at William & Mary. The knock startled me – no one knew I was in town – but I thought little of it because there was no way to know what was about to happen. It couldn’t happen to me, to us – Jon was sitting safely in his office on FOB Warhorse. He was the logistics officer. Logistics officers came home to their families. When I peered out through the peephole, I could see two Army uniforms. Although everyone knows that a visit from uniformed officers is never a good sign, I, believing Jon to be invincible, did not make the obvious connection and opened my door. When one of the officers stated flatly that they had to come in to talk to me, I lost all semblance of control. I dropped to my knees and screamed “NO!” over and over again. I had to be physically removed from the doorway and escorted to the living room before they could deliver the official words that are all too familiar to anyone who has lived through this nightmare: “Mrs. Grassbaugh, the President of the United States regrets to inform you…” I would later learn that Jon was killed in Zaganiyah, Iraq during one of the bloodiest months of the war. I saw pictures of where the trigger man sat as he peered through a tiny hole in the wall of an abandoned brick house and detonated the 500-pound improvised explosive device that blew my husband’s 12,000-pound Humvee to smithereens. The crater created by the IED was five feet long and two feet deep. Of the five soldiers in Jon’s vehicle, four were killed, and although the fifth soldier miraculously survived the blast, he has since undergone almost 50 surgeries to repair damage to his body from thirddegree burns. Jon was still breathing when he was placed on the MEDEVAC helicopter, but he did not survive the short flight to the nearest military hospital. The weeks following the news of Jon’s death were a blur of disbelief. I numbly stumbled through the process of picking up the pieces of my broken life, unable to comprehend his palpable absence in this world. After much consideration, I decided to withdraw from law school to become a military police officer at Fort Bragg. Many of my friends and family were concerned that I was making a hasty decision for the wrong reasons, but I knew that it would give me something to focus on other than myself. It would also allow me to pick up where Jon left off in Iraq. Foolhardy or not, I wanted to do my part in contributing to the war effort overseas, and I wanted to see for myself the place that my husband had spent his final days alive. I got my wish in September 2008 when I deployed to Mahmudiyah, Iraq and became a platoon leader in charge of 40 soldiers. At first, I found it very difficult to forget the fact that this country was the reason my husband was no longer with me. Only slowly but surely did I grow to appreciate that the contribution of thousands of soldiers like Jon is the reason Iraq is no longer a dangerous breeding ground for extremist militia groups. Because of drastic improvements over the past few years, we can now focus on providing electricity and
education instead of ammunition and bombs to fight terrorists. Ironically, the last of the Army’s combat brigades recently left Iraq on August 18, 2010, the date of Jon’s birthday. He would have been 29. These days, I continue to barge ahead at full speed. I talk about Jon often because it helps to recall the happy memories of our time together, though these memories are also tinged with sadness since at the end of the day, he is still gone. I have also thrown myself into memorial projects, to include establishing several scholarships in Jon’s name, contributing to the development of Survivor Outreach Services (a nationwide program designed to help other Gold Star families), and running the Army Ten Miler race to raise money for TAPS (Tragedy Assistance Program for Survivors). In addition, I am an active member of the Gold Star Wives of America, Inc. and assisted in spearheading a congressional bill to rename the post office in Jon’s hometown in his honor. As a newly promoted captain, I continue to serve on active duty and was recently accepted to the Army’s Funded Legal Education Program. This highly prestigious and competitive scholarship will allow me to return to law school in the fall of 2011 and ultimately fulfill my goal of becoming a military attorney. When people ask me how I have survived this ordeal, I tell them that there is simply no other way to keep going other than to keep placing one foot in front of the other. Jon’s boss told me from the very beginning that no one can walk in my shoes. My family and friends can hold my hand and catch me when I fall, but I am ultimately the one who has to live with the memories that make me laugh out loud one second and burst into tears the next. Sometimes the only thing I can do to fill the silence is to focus on the times I know will warm my heart, like when our wedding ceremony officiate asked, “Where is your sacred spot, a place you feel most connected, most at peace, or most inspired?” Jon’s answer was very simple but very beautiful. His answer was, “With my wife.” These three simple words remind me that although the fairytale didn’t end the way I had hoped, I know that I am still luckier than most. Even if just for a little while, I got my prince. As I continue forward on this walk called life, Jon’s ultimate sacrifice remains my source of inspiration for public service and a reminder of the true meaning of living every day to the fullest since there are no promises about what tomorrow might bring. No matter what I may do in my future, just as Jon told me on the eve of our wedding, I will continue to love him, my beloved husband and best friend, “always and forever, and nothing will change that – ever.”
Looking back, I cannot fathom how we prepared for him to leave so quickly.
Personal Statement of
Melvis House ma n
was born in Havana, Cuba, the daughter of a lawyer who worked for the state and an electrician employed at a local children’s hospital. As an attorney, my mother was in charge of handling cases regarding ownership of real property on behalf of the state. At the time, a Cuban citizen was not allowed to purchase or sell real estate. Instead, the government would give a property to a deserving/needy family under certain conditions. When the family no longer met those conditions, the government could take back the property. One day, I overheard a conversation my mother was having with one of her colleagues. “In reality, everything belongs to the state. If the government really wants
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something, they can take it,” she said. As state employees, their job was to protect the interests of the government and not the citizens. However, my mother believed it was also their responsibility to find ways within the purview of the law to help the needy families keep the properties; otherwise, many families would end up homeless. My mother’s words stayed with me then, and remain with me to this day. After leaving Cuba and residing in Venezuela for eight months, my family was reunited in the United States. For my mother, brother, and me, starting over in a foreign country was nothing new, except now we had the added challenge of a language barrier. My father had been in this country alone for a few years, paving the way for us as best as he could – a
small one-bedroom apartment for a family of four. As an immigrant family, we viewed education as the only way to move forward in life. Because of my academic achievements in high school (International Baccalaureate Diploma recipient), I was awarded a full scholarship to attend the University of Florida. My goal was to be like my mother – a public servant helping others. Hence, when the time came to declare a major, I selected political science. I enrolled in an array of government classes to better understand how the public sector worked. I was intrigued by how the American government differed from other countries, especially from my native land. By the time graduation came, I was eager to enter the work force and determined to find a great government job (after all, I knew in theory how the public sector worked). I soon realized I was not qualified for many of the government jobs I was interested in due to a lack of advanced/specialized education and experience. After months of endless job searching, I decided to pursue a Master’s in Public Administration at Florida International University. While in the program, I analyzed numerous case studies stressing the many problems local governments face (e.g., political tensions, economic growth/ decline, and services rendered). Not only did my research and writing skills develop due to the demands of the graduate program, but my desire and confidence to ask the tough questions also increased. The benefit of a public administration degree, in my opinion, is the exposure to a wide variety of issues (legal, finance and budgeting, human resources, security, ethics, etc.). The most valuable lesson I learned, however, is that for many of those issues, there is no clear answer. It is the job of the public servants and policy makers to remain vigilant and to continuously search for better solutions. While pursuing the master’s degree, I had the opportunity to intern with and later become a full-time employee of the City of Doral, Florida. My passion for the public sector grew instantaneously as I applied the skills acquired in the classroom to the real world. I observed firsthand the complexity of lower-level governments and quickly realized that they often exert a greater influence on the daily lives of individuals than do most state and federal governments. I became interested in the actions of local governments and the rules that govern those actions. I was exposed to different city and county ordinances dictating what citizens could and could not do. My understanding of how those rules and regulations work empowered me to
help residents navigate through the bureaucracy. I felt I had reached my goal and could begin making a difference. Most importantly, I wanted to change the negative perception many people have about government employees. During my last four years working as a public servant, I have learned a great deal about the inner workings of a municipal government. I’ve had the opportunity to identify problems, examine alternatives, and present solutions to my superiors. Taking advantage of my educational background, I have conducted numerous comparative studies in an effort to identify best practices and/or areas of improvement. Moreover, I have learned how to effectively communicate with people of different backgrounds, education levels, professions, and so on. Unfortunately, I have also witnessed the side of government that needs improvement and the reason why public servants are sometimes viewed in a negative light. I have experienced limitations in dealing with other departments and agencies – because of rules and regulations – at the expense of the citizens. As a result of my experiences, I came to the realization that working as a public servant was no longer as fulfilling as it once was four years ago. Thus, I began to get involved as a volunteer in different projects, including community enrichment, animal support, environmental cleanups, homelessness, children and youth, health and wellness, and the arts. Over the past year, as a volunteer, I have witnessed firsthand the genuine satisfaction and appreciation of those I’ve helped; consequently, I have also realized the importance of giving back to the community. I am at a point in my life where a career change is essential to achieve the goal I set out for myself years ago. A law education will allow me the opportunity to further develop my analytical and problem solving skills in order to help people in a different capacity. More significantly, a law education will enable me to better understand and evaluate different points of view. Ultimately, I hope to someday have the opportunity to improve the law and better government relations at the local level.
I hope to someday have the opportunity to improve the law and better government relations at the local level.
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Personal Statement of
Troy K i n g
t last, the moment had arrived. My heart began pounding more intensely than the infamous kettledrum outburst in the second movement of Beethoven’s Ninth Symphony. Twenty of my closest kin were present. The instant my name was pronounced, my family erupted into a thunderous applause. I walked across the stage at the University of California, Berkeley becoming first in the family to graduate from college. This unlikely outcome, as with subsequent accomplishments and personal growth, resulted from the character I developed in response to a childhood steeped in adversity. Months before I was born my mother dropped out of high school. I grew up not knowing my father. My grandmother headed our household, which included up to 13 kin crammed into a four-bedroom apartment. We resided in a notoriously violent San Francisco public housing project and lived below the poverty line. The “crack epidemic” in the ‘80s exacerbated existing social ills and devastated my community and family. Gang disputes frequently led to gunfights. An untimely trip to the store could be fatal. Each year I lost at least one friend, family member, or neighbor to homicide. Too often I witnessed the face of a panic-stricken woman while a thief snatched her purse. Drug deals were conducted on my stairwell, and discarded hypodermic needles could be found everywhere, including on the ground in our play area. Meanwhile, my mother became addicted to crack while I was in middle school. Her affliction lasted until well after I graduated from college. Coping with the chilling reality of her addiction was difficult. Some nights she did not return home, leaving me worrying if she had suffered from an overdose or at the hands of a ruthless drug dealer. I loved my mother, but over time we grew apart. Helplessly, I watched her physically and mentally decline – it was insufferable. Fortunately, my loving grandmother instilled in me the importance of having an education and convinced me that I could do anything I set my mind to. Thus, in unbearable circumstances, this awareness empowered me to choose my experiences as opposed to passively accepting the status quo. Amid the distractions I learned to envision a better future and remain focused on my goals. I dreamt of going
to college, working at a top corporation, and starting my own business. Some told me I could not do it, but my determination to succeed proved otherwise. Two years after graduating, I relocated to Atlanta, pursuing my lifelong dream of starting a real estate company. This endeavor was my most daring undertaking. I moved to a state where I knew no one, attempting to build a sales organization while having no sales experience. Understanding that no obstacle is insurmountable gave me confidence. I set goals, learned from mistakes, and persevered. In June 2004, I established King and Associates Realty, Inc. My childhood dream had come true. Making decisions on issues ranging from resource allocation to legal matters are common in the course of operating my company. Recognizing that my decisions affect team members, clients, and the community has led to an evolution of my priorities. No longer do I exclusively focus on what I want to achieve; instead, I strive to create opportunities of which others may take advantage. I am honored that over the years individuals have sought out my firm as an institution in which to pursue their dreams. Being able to provide opportunities for others is humbling, as I was once mired in a community overwhelmed by hopelessness and despair. On reflection, walking across the graduation stage was surreal. Transcending the chaos that surrounded me was my life’s defining challenge. Thanks to my grandmother, I met this challenge and emerged as a leader. I live my life with purpose, unencumbered by fear of obstacles or failure. Moreover, along my journey I have discovered the virtue of serving others. From the depth of darkness I have found my way. Adversity has served me well.
My grandmother instilled in me the importance of having an education and convinced me that I could do anything I set my mind to.
Introducing the Class of 2014 The Class of 2014 arrived at Moritz on Aug.18, 2011. They arrived as one of the highest credentialed classes to ever enter the College. As undergraduates, scholarships, awards, and honors were bestowed on most. They have served in the Armed Forces; worked for Teach For America, AmeriCorps, and other service organizations; worked and studied in Europe, Africa, and around the globe; started companies; danced, sang, and played before audiences; speak more than 20 languages ranging from Arabic to Hausa to Spanish; and worked on Capitol Hill and Wall Street. There is a professional race car driver, and Muay Thai Boxer, and, for the first time, a reality show winner. Whether it is through mentoring, volunteering for moot court, interviewing potential summer associates, or making a donation, Moritz invites all of its alumni to get to know the current students and welcome them to the Moritz community.
Justin Farra Clarksville, OH The Ohio State University Justin graduated in 2011 from The Ohio State University, where he majored in political science and economics. He conducted independent research on legislative effectiveness while in college. Justin was a member of the varsity swim team at Ohio State and holds the Buckeye record for the 200-individual medley. He qualified for the 2008 U.S. Olympic trials, and competed in the finals of the 2009 U.S. world championship trials. He was a Big Ten Elite Scholar Athlete and an honorable mention Scholar All-American.
M a ry K e n n edy N e w Y ork, NY S mit h Colleg e Mary is a 2005 graduate of Smith College, where she completed a double major in religious studies and African studies. Her thesis in college was titled: “The Cries and the Groans of Those Who Cannot Bear Injustice: Four Protestants and Their Objections to Apartheid in South Africa.” She was president of her house and was also a member of the varsity crew team, rowing in the NCAA finals twice. She studied abroad at the University of Cape Town in South Africa. Mary also earned a Master of Arts degree from the School of Oriental and African studies in London. Her focus was on the government and politics of sub-saharan Africa and economic development. Mary has volunteered and worked in Rwanda. She was part of the Goldman Sachs and the University of Michigan’s 10,000 women initiative in Rwanda. She also worked for Goldman Sachs as analyst in the legal department in London. She was a delegate to the 2007 United Nations conference. She is fluent in French and has run the London and New York City marathons. 34 | Moritz College of Law
Brodi Conover Lebanon, OH Georgetown University Brodi earned his bachelor’s degree in 2011 from Georgetown University, where he majored in government and earned a minor in American history and theology. While in college, he interned for three years with the office of George Will, internationally syndicated columnist. He also interned for Universal Sports, the American Red Cross, and in the Office of Sen. Elizabeth Dole. Brodi was the cochair of the National Youth Leadership Committee for the Ronald Reagan Centennial Celebration. In 2009, Brodi founded Community Honor Flight, an organization that flies veterans from their hometowns to Washington, D.C. to visit the memorials. He is also a member of The Tocqueville Forum.
Christopher Howell Las Vegas, NV Arizona State University Christopher is a 2011 graduate of Arizona State University, where he majored in marketing. Before college, Christopher was in the U.S. Army, where he was a scout squad leader for the 37th Armor Regiment. He deployed twice to Iraq and planned and executed more than 200 operational command combat orders. Christopher held top secret clearance while in the Army and was in control of more than $25 million of classified equipment.
Elizabeth Gorman Hudson, OH Washington & Lee University Elizabeth is a 2011 graduate of Washington and Lee University, where she majored in English and economics and a earned a minor in poverty studies. She also studied abroad in Ghana and participated in a poverty program. She later returned to Ghana and worked in conjunction with the Department of Social Welfare to interview and collect data on orphans and vulnerable children. Elizabeth also studied abroad in Ireland and spent two summers working as a medical assistant for a medical mission in Honduras and El Salvador. She was an intern for Legal Aid of West Virginia and the Rockbridge Department of Social Services.
Daniel Hong Syossett, NY Case Western Reserve University Daniel is a 2010 graduate of Case Western Reserve University, majoring in political science and sociology. He is a classically trained violinist and has performed solo at both Carnegie Hall and Lincoln Center in New York. He spent a summer interning in Washington, D.C. as part of an international affairs program and another at Korea University in Seoul, South Korea. Daniel also interned for the U.S. State Department Office of Korean Affairs. He is fluent in Korean and is also proficient in Spanish. He has taken missionary trips the Dominican Republic, Mexico, and Costa Rica.
Clinton Stahler Colu mbus, OH Embry-Riddle Aeronautical University Clinton graduated from Embry-Riddle Aeronautical University in Daytona Beach with a degree in professional aeronautics. He maintained a 4.0 GPA and was among the top one percent of his class. He has held multiple positions in the aeronautical industry, from flight instructor to captain of a Beechjet 400A for The Scotts Miracle-Gro Co. As a first officer on a Learjet for Able American Jets, he routinely provided air ambulance services between Central and South America and the United States. Clinton is also president and cofounder of SF Retail LLC, which operates 12 retail outlets in the Columbus-area.
Carrie Hilliard Mia mi, FL University of F lorida Carrie is a 2009 graduate of the University of Florida, where she majored in criminology and minored in education. She was a member of Teach For America and taught sixth and seventh grade intensive reading in Jacksonville, Fla. Carrie was also an academic instructor for the Boys and Girls Club in Jacksonville. She volunteered as a child advocate for the guardian ad litem program in Gainesville. She also interned at the state attorneyâ€™s office in Florida, monitoring and enforcing juvenile restitution orders. She was the assistant director of community affairs for the Black Student Union at the University of Florida and was also a member of multiple honor societies.
Kristopher Whittenberger Ontario, OH The Ohio State University Kristopher is a 2006 graduate of The Ohio State University, where he majored in criminology. He was a distinguished military graduate -- among the top 10 percent in the nation. After graduation, he trained with the Armyâ€™s 701st Military Police Battalion and went on to serve as platoon leader in the 501st Military Police Company in Germany and Iraq. Later, he was aide-de-camp and deputy commanding general of the 1st Armored Division in Germany and Iraq. Kristopher is an Eagle Scout, and his hobbies include rock climbing, snowboarding, distance running, basketball, and
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Former Mayor, Governor, Senator Voinovich â€™61 Reflects Former Ohio Sen. George Voinovich is a regular at the Ohio State Fair each year. Pictured left, he participated in a cooking demonstration focusing on Ohio agricultural products in August of this year.
By Monica DeMeglio
“Our situation today is more critical – more critical – than at any time in my 44 years in government. How we work together will determine the future of our country.” —Voinovich
Top: Official portrait of Sen. George V. Voinovich. Middle: Law student George Voinovich (second from left) talks with Barry Goldwater, former U.S. senator and Republican presidential nominee in 1964, at Drinko Hall. Left, E. Gordon Gee, president of The Ohio State University, former Ohio Sen. George Voinovich, and his wife, Janet, don scarlet and gray in Ohio Stadium.
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On the morning of Dec. 15, 2010, Sen. George V. Voinovich took to the floor of the U.S. Senate to say farewell. His speech carried appropriate thanks to God; his wife and steadfast partner in politics, Janet; family; friends; and the people of Ohio. Voinovich gave a nod to his grandparents’ immigration story, and included words of wisdom his father shared along the way. He even fit in a lesson from his ninth-grade social studies teacher. Then, in his characteristic frankness, Voinovich admonished his colleagues and the American media for playing into a Washington, D.C. culture that values message and conflict over progress. “The American people have made it clear that they are not happy with partisanship in Washington. But the fact is, there are some great partnerships here, and those partnerships and relationships result in action,” he said.
hile Voinovich gave several examples of bipartisan efforts at home and abroad to aid the United States’ economy and security, he shared his frustration that finding common ground on significant issues does not happen often enough in Congress. Republican and Democratic leaders should come together at the beginning of each Congress to identify issues and challenges important to the American people. Then, they should agree to set a common agenda that will make a difference in citizens’ lives. Voinovich compared careful planning and goal-setting for the country and legislative committees to five-year plans of successful corporations. “Where are we going? What are our priorities? What are the things we agree upon?” he asked. “Let’s not spend time on those things where we disagree.” He added, “Our situation today is more critical – more critical – than at any time in my 44 years in government. How we work together will determine the future of our country.” In closing, he selected a reading from One Quiet
Moment, a book of daily devotionals from former Senate Chaplain Lloyd Ogilvie. The passage was written for an Election Day. “May the immense responsibilities they assume, and the vows they make when sworn into office, bring them to their knees with profound humility and unprecedented openness to You. Save them from the seduction of power, the addiction of popularity, and the aggrandizement of pride. … May they never forget they have been elected to serve and not be served.” With that, Voinovich said, “Mr. President, I yield the floor.”
An Auspicious Start When he was 17 years old, Voinovich told high school classmates he was determined to be a politician. Many of them swear he promised to one day be the mayor of Cleveland, just as classmates from Ohio University tell stories of Voinovich predicting he would one day be governor.
Former Mayor George Voinovich helped revitalize downtown Cleveland, which today includes the Great Lakes Science Center, as seen from Voinovich Centennial Park, and the Rock and Roll Hall of Fame. Voinovich was working on a bachelor’s degree in government when he considered continuing on to law school. A law degree would provide him a career from which he would not need to retire, in addition to giving him a strong foundation for pursuing a career in government. He was tempted to enroll at Case Western Reserve University, which would have been closer to his parents’ home in Cleveland. However, a fortunate meeting during a career day on the Athens campus brought Voinovich to The Ohio State University. 40 | Moritz College of Law
“As president of the student body, I wanted to host Frank Strong, the dean of The Ohio State University law school, that day. I was so impressed with the dean. He was just quite a guy, a constitutional lawyer,” he said. Not only did Strong tell the young man that a law degree would be the perfect fit for a career in politics, but Strong told him that Ohio State was the best choice. “I figured Ohio State would give me a feeling for the state of Ohio, just as Ohio University had done,” Voinovich said. “I thought I would go there and meet people from all over Ohio, who would one day be leaders across the state.” It was a smart bet, even if Voinovich got off to a rocky start in Columbus. His early days of “I felt like I was in some law school were difficult seminary because that’s – “I was suffering the all I did – work, work, effects of being a BMOC work, work. The most (big man on campus) at Ohio University” – as he wonderful thing about was wooed away from law school, for me, was books by card games that that I learned how to stretched late into the work. It gave me night at the undergraduate self-discipline.” house where he stayed. “I almost flunked — Voinovich out my first year,” he said. “I was really worried about cashing out. After a couple of quarters, I had to get out of the house.” He moved to Northwood Avenue and joined Stephan Gabalac ’61 and Clifford “Kip” Cloud ’61, whose father, Roger, was a Republican and speaker of the Ohio House of Representatives. Voinovich found a good influence in his roommate and additional motivation on early mornings from a sign he posted next to his alarm clock: “What would Grandma think?” His mother’s parents had emigrated from Slovenia, and his grandmother could neither read nor write when she arrived to the United States. She frequented the library and taught herself the English language. She was proud of the eldest of her daughter’s six children, Voinovich, as he succeeded in his studies and won contests for class president in high school and president of the student body in college. “There’s a word in Slovenian, moraš, which means,
‘You must.’ You must. She was so proud of me, and I did not want to disappoint my grandmother,” he said. “Of course, my parents were interested, too, and so was I. But she was the inspiration.” Voinovich remained a BMOC in law school, but now the “M” stood for something else entirely. “I felt like I was a monk. I really did,” he said of Saturdays spent in the stacks of the Thompson Library. “I felt like I was in some seminary because that’s all I did – work, work, work, work. The most wonderful thing about law school, for me, was that I learned how to work. It gave me self-discipline.” Even in law school, though, Voinovich found a foothold in politics, as president of the Class of 1961 and president of the Law School Republican Club. He squeaked out a victory in the latter with two more votes than classmate Michael Moritz ’61. Voinovich claims he would not have won the race without the help of Michael Colley ’61, who was his moot court partner and campaign manager. Colley, who served as president of two national trial lawyers’ associations, went on to be chairman of the Franklin County Republican Party and served as the Republican National Committeeman for Ohio since 1988. He was Voinovich’s first appointment to The Ohio State University Board of Trustees in 1991. Many years later, at a class reunion in Washington, D.C., someone suggested to Voinovich that Moritz might be a senator had he won the Republican Club presidency. “Maybe he would,” Voinovich said. “But I can guarantee you this: There would be no way that George Voinovich would have ever been able to contribute $30 million to The Ohio State University law school! Everybody cracked up. Of course, now it’s the Michael E. Moritz College of Law, which is great. He was a wonderful guy.”
From ‘neighborhood lawyer’ to governor After graduating from law school in 1961, Voinovich returned to Cleveland in the hopes of establishing himself as “the neighborhood lawyer.” His first office was located above a laundromat across from the Salvation Army and
I had confidence that, with the right leader, Cleveland could become something sensational.” — Voinovich
near his high school, and he worked on anything available – from research to filing clients’ tax returns. Those humble years were happy ones, though. In September 1962, he married Janet, a woman he had his eye on since meeting at a Greater Cleveland Young Republicans Club gathering three years before. At the law practice, he enjoyed resolving neighbors’ needs. As an adolescent, someone advised Voinovich that he would do well as a minister, teacher, or social worker. “Honest to God, that’s what I was. All three,” he said. “These people would come in, and you took care of them.” Also in 1962, Voinovich campaigned for the election of William B. Saxbe ’48 to the Ohio Attorney General’s office. Saxbe returned the favor, appointing Voinovich assistant attorney general. His boss was Robert Duncan ’52, who was in charge of the attorney general’s workman’s compensation division. After that, it was Voinovich for whom people campaigned in a dizzying number of contests. At the urging of his good friend and former roommate Cloud, Voinovich ran and won a seat in the Ohio House of Representatives in 1966 – the biggest upset in the state, with a Republican winning a district that was 6-to-1 Democratic. He was appointed Cuyahoga County Auditor in 1971, retained the seat in 1972, and was re-elected in 1974. Voinovich was sworn in as a county commissioner in 1976. Gov. James A. Rhodes invited Voinovich to join him on the ticket as lieutenant governor in 1978, and they won. With the governor’s office in his sights, Voinovich was confronted with what he’s called one of the most difficult decisions in his political career. “The business community in Cleveland came to me and asked me to come home,” he said. They wanted Voinovich to challenge Mayor Dennis Kucinich in the next
I realized government is just one thread in the fabric of a community, and my job was to get out of the way or to grease the skids to make things possible.” — Voinovich
election. The city was debilitated by fiscal crisis that resulted in its declaration of bankruptcy in 1976. Its image as a destitute metropolis with a river polluted to the point of flammability was known nationwide. Late-night comedians made Cleveland the butt of their jokes. “The city was in trouble, and I believed Kucinich was a real threat to our future. I had confidence that, with the right leader, Cleveland could become something sensational,” Voinovich said, “and I was right. The talent was there.” He won the race and inherited the first city to default since the Great Depression. Cleveland was $111 million in debt, and unemployment hovered near 20 percent. Voinovich enlisted the help of more than 300 volunteers to examine every part of city government to save money by improving efficiencies and eliminating waste without sacrificing quality of services. It was a model later studied at Harvard Business School. “It was really rough, but everybody came together and pitched in,” Voinovich said. Cleveland experienced a renaissance over the next two decades, with the development of the Rock and Roll Hall of Fame and Museum, the Great Lakes Science Center, Playhouse Square, and The Flats (Cleveland’s famous riverside entertainment district). Voinovich and leaders in the business community went on a public relations blitz to turn around the city’s image nationally. The hard work paid off when Cleveland was voted an All-America City winner three times in the 1980s. Voinovich’s reputation extended 42 | Moritz College of Law
beyond Ohio’s borders, and he was elected president of the National League of Cities. By 1990, he was nominated by the state’s Republican Party to replace Gov. Richard Celeste. He won the race and was re-elected easily four years later, despite walking into another situation in which government had a staggering deficit of $1.5 billion. Culling from his mayoral experience, Voinovich established the Quality Services Through Partnership initiative to empower state employees and citizens to reduce expenses without chiseling away at services for children, families and the elderly. “I’m sure you’ve worked at places and said, ‘If somebody would just sit down with me, I’d tell them about how we could do better here.’ But for some reason, it doesn’t happen in some places, especially in government,” Voinovich said. “We did total quality management with 56,000 people. … When I left state government, people were excited about their jobs.” The nation also was in the midst of a recession when Voinovich stepped into the governor’s office. Yet, more than 600,000 new jobs were created in Ohio from 1991-98. Voinovich introduced and the Ohio Legislature approved manufacturing machinery and equipment tax incentives as well as other enticements to attract new businesses. Again, he was propelled to a leadership position among peers as chairman of the National Governor’s Association. “Frankly, I’m a management guy. I believe in empowering people who work with me,” he said. “I realized government is just one thread in the fabric of a community, and my job was to get out of the way or to grease the skids to make things possible.”
A focus on fiscal responsibility Voinovich found it difficult to grease skids when he arrived in Washington, D.C. in 1999. “When you get to the Senate, you have 100 people, and we all have significant egos. It’s very difficult to get things done,” he said. “Governor and mayor were the toughest jobs, but less frustrating. In the Senate, too much time is wasted on messaging and not enough time on substantive things.” For the first time in his political career, Voinovich did not strive to be the leader. He compares it to an orchestra.
As a governor and mayor, he could be the maestro. In the Senate, he focused on becoming the first chair in a couple of sections. Of great importance to him then and now is assuring fiscal responsibility within the federal government and eliminating the nation’s debt for future generations. In 2003, he stood in opposition to President Bush over an economic growth and stimulus package, or the “Bush tax cuts.” On Meet the Press with Tim Russert, Voinovich stated publicly that he and the president were in disagreement. Eventually, the proposed $725 billion plan was slashed to $350 billion. Three years later, Voinovich pushed through the Federal Funding Accountability and Transparency Act. The bill, which he cosponsored, established a search engine and database to track $1 trillion in federal grants, earmarks, and loans. Perhaps his most stubborn display of commitment came through in his perennial introduction of the Securing America’s Future Economy (SAFE) Commission Act. Beginning in 2006, Voinovich introduced into each Congress his proposal to establish a national commission with the purpose of scrutinizing the country’s tax system and entitlement programs. When an act similar to his own was introduced in November 2009, Voinovich met with President Obama to persuade him in person to endorse the statutory, bipartisan debt commission proposed by Sens. Kent Conrad (D-N.D.) and Judd Gregg (R-N.H.). Voinovich told USA Today after the meeting that the president was supporting it, but his main concern was whether there was enough bipartisan support for the commission to become reality. “If they’re not in favor of the commission, then what are they for?” he asked. “Politics is trumping what is in the best interests of our nation – we’ve got to figure out how to work together.” The bill came up seven votes short in the Senate. At his State of the Union the following day, Obama announced that he would use an executive order to create a commission – commonly known as the Simpson-Bowles Commission – with the same qualities as the one proposed by Voinovich. Last summer, as negotiations over the debt ceiling played out in dramatic fashion, the retired senator crossed his arms over his chest and shook his head. Leaning forward and punctuating his points by drilling his index finger on the table in front him, he said,
George Voinovich on… A career in government: “Government is a wonderful,
wonderful way of taking your legal background and really making a difference in people’s lives. When I was a youngster, I didn’t want to work for a corporation. I thought they were kind of selfish. I wanted to get into something where I could make a difference. But I have learned to have the highest regard for people who create jobs.”
Moderate politicians being a dying breed:
“I don’t think so. I consider myself to be a real conservative. Some people refer to me as a RINO (Republican in Name Only). I am not a RINO. I am someone who came to government to make a difference. I’m someone who realizes that if you’re going to make a difference, you have to work with other people and you do have to compromise.”
The Tea Party: “I respect the Tea Party people because they got fed up and are doing something about it. God bless them for getting involved. But the fact is that many of them are neophytes to the system. Many of them would just as soon destroy the system, and we’re in a fragile situation today. We cannot let the Tea Party define the Republican Party.” The Gang of Six: “I think they are patriots.” Political fundraising interfering with legislating:
“Sure it does. My last two years were very productive because I didn’t have to go out and raise a bunch of money. One of the banes of today is that most senators spend 25 percent of their time raising money. … How can you do oversight, do your homework, and look at stuff and be out 25 percent of the time? We can’t keep going this way.”
Early days of being Cleveland’s mayor: “It was hell. You want to talk about tough jobs? Nobody wanted the job in Cleveland.” Going for the governorship: “I always felt like if I could make it in Cuyahoga County, I could be governor.” Advocating tax reform to President Bush: “I was hammering him those first four years. ‘I used to do tax returns for my clients. I did my own, and now I wouldn’t touch it with a 10-foot pole.’ Let’s get rid of the loopholes and lower the rates.” The Class of 1961: “We had a great class, really spectacular people. And along the way, I was able to help a few of my classmates. Law school was tough, hard. But it was a great experience. I’ve been a very blessed person.”
44 | Moritz College of Law
“Congress needs to realize you’re going to have to deal with entitlements, Social Security. You’re going to have to deal with Medicare. You’re going to have to deal with Medicaid. You’re going to have to get rid of these tax expenditures and loopholes. And, yes, we may have to increase taxes. It’s going to have to be balanced.” He senses Americans have lost faith that legislators will do the responsible thing and get back to the fundamentals of governing. However, voters aren’t holding elected officials accountable either, he said. Everyone will be better off, Voinovich said, once they realize that shortterm pain is necessary for long-term gain. “Everybody’s got to sacrifice. Everything’s got to be on the table,” he said. “We’ve got to look at our children and grandchildren. What kind of legacy are we going to leave them?”
Retiring from political life At 75 years old, most would expect Voinovich to focus on shaping his legacy story. While he is putting thought into writing a book about his 44 years of public “Politics is trumping service in seven different what is in the best elected offices, it’s not as if Voinovich has stepped interests of our nation away from politics – we’ve got to figure entirely. out how to work Pete Peterson, together.” former U.S. Secretary of Commerce under — Voinovich President Nixon and president of the Concord Coalition, asked Voinovich to serve on the coalition as well as on a committee for responsible budgeting. He was supportive of the Gang of
Former Ohio Sen. George Voinovich and his wife, Janet, enjoy the Ohio State Fair in August 2011 with granddaughters, from left, Jane, 9, Carys, 7, and Veronica, 12. The Voinoviches have eight grandchildren.
Everybody’s got to sacrifice. Everything’s got to be on the table. We’ve got to look at our children and grandchildren. What kind of legacy are we going to leave them?” — Voinovich
Six’s recommendations during debate this summer. But Voinovich retired in order to enjoy life with Janet while they were still in good health. He’s fished the Snake River, and they meandered through Sun Valley and Glacier National Park. Always a family man but one whose career involved a lot of nights and weekends, Voinovich for the first time watched closely the rapid development of a newborn’s first year in his granddaughter, Molly. Molly is the namesake for the youngest of the Voinoviches’ four children, who was killed when she was 9 years old by a driver who ran a red light. “I’m getting to see my granddaughter grow up. She’s crawling, and then she can say ‘hi’ – you want to see a picture?” Like any proud grandpa, he fishes out his wallet and flips it open with pride. “She’s just beautiful.” He looks at his watch and holds up his hands. “Janet’s going to kill me. I’ve been talking too long.” They have a busy day tomorrow at the Ohio State Fair. The Voinoviches are putting in several appearances at different expositions, and they will have grandchildren to spoil, just as they have done at the fair the last 10 years. Yet, always gracious, Voinovich obliges one more question. “What do I want my legacy to be?” he said, gathering his thoughts. “I believe that I tried, to the very best of my ability, to take the opportunities that God and the taxpayers have given me to make a difference in people’s lives. I want my legacy to be the things that we put in place that will be here long after I’m dead.”
Kelley Griesmer ’93 Takes on Cancer as COO of Pelotonia By Monica DeMeglio
elley Griesmer ’93 is drenched in lime green, from her shirt to her wristwatch to her messenger bag. A stack of posters are tucked under one elbow, as she cradles a smartphone and large caffeinated tea in her hand. Two radios are clipped to her skirt, and another snakes over her left shoulder. Incredibly, she finds a free hand to tug at the latter. “I understand water bottles are on their way here with one of the trucks, but do we have any cups in the meantime?” she asks. “There’s been a small corps of volunteers here since 8 a.m., and they’re getting kind of thirsty.” Before she has an answer, Griesmer starts walking across the fields at Chemical Abstracts Service toward a small check-in tent for volunteers of the wildly popular grassroots bicycle tour and fundraiser, Pelotonia. “We’re working on it!” she says, her perpetual smile growing broader, as a measure of reassurance. Still holding her tea and posters, Griesmer turns and walks briskly toward another field, where dozens of volunteers are lugging tables and folding chairs to a large tent. In seven hours, more than 10,000 people will converge upon here for dinner. Griesmer addresses three or four other questions from staff, vendors and sponsors as she walks. Her radio squawks as she nears the dining tent. Someone found cups. “Guys! Hey, there’s water over there and cups now, too!” she calls 46 | Moritz College of Law
out. “Take a break and get some water, please. You are doing great! Thank you!” Griesmer’s day at work has changed considerably in the last three years. Before Griesmer became chief operating officer of Pelotonia, she was a partner at Jones Day, representing clients in complex commercial litigation. She handled Chapter 11 adversary proceedings, took on class action claims, defended breach of contract actions, and successfully argued before the U.S. Sixth Circuit Court of Appeals, securing a multimillion-dollar judgment on behalf of one client. “When I had the opportunity to work at Jones Day, I knew it would be an amazing experience to be involved in the large litigation they do and learn from the extraordinary lawyers there,” she said. “I thrived a little bit more than I thought I would.” The work was complicated and intellectually challenging. Among her colleagues were many friends dating back to their days as students at The Ohio State University Moritz College of Law. When six of them made partner at the same time, Griesmer said, “It was an all in the family thing.” Yet, she had a nagging feeling that, in the long run, she would not be completely fulfilled by what she was doing. Griesmer began to watch closer the people working at the nonprofit organizations where she was a board member. Around that time, Tom Lennox was diagnosed with colon cancer. While his treatment was successful, it was an awakening for his family, including his sister-in-law Elizabeth “Liza” Kessler ’93, and friends like Griesmer. “He’s just a very alive person, and it was a pretty big hit to watch him go through that,” Griesmer said. “It solidified my thinking that I needed to do something else.”
Kelley Griesmer ’93
After Lennox and Mike Caligiuri, director of The Ohio State University Comprehensive Cancer Center, rode bicycles 163 miles across Cape Cod in support of the Dana-Farber Cancer Institute, they were determined to create a similar event in Columbus with one goal: to end cancer. Lennox resigned from his vice president of corporate communications post at Abercrombie & Fitch to devote his energies entirely to founding Pelotonia. He needed someone to head up operations and turned to Griesmer. “It was hard and easy for me to leave Jones Day,” she recalled. “I had a lot of great friends there, and I had a successful practice there. But I knew I was going to get more out of this, and that’s been 150 percent true.” Griesmer’s legal experience was critical for Pelotonia as it took shape. Lennox and Jessica Kinman, director of publicity and communications, were tasked with big-picture, creative work. Griesmer methodically attacked the nitty-gritty details in contracts with vendors and venues, forging relationships with multiple public safety organizations, solidifying trademarks, making arrangements with insurance providers, and more. “A law degree is a valuable thing to have. I know how to take large, complex situations and chip away strategically to get to the place where we want to be,” she said. “We look at Pelotonia as big business, and we’re in the business of saving lives.” Pelotonia is big, especially when considering the nonprofit
But those figures aren’t being discussed on a cloudless Friday afternoon, just hours before riders arrive to receive their jerseys, explore the exposition tents, and listen to live music designed to amplify the excitement prior to a two-day, weekend ride. Griesmer is fine-tuning details with insurance providers to caterers. She occasionally bumps into other lawyers she has recruited to help for the weekend, such as April Bott ’96 and Kim Rhoads ’93. Attorneys, Griesmer said, are problem-solvers and good organizers. They do not require a lot of hand-holding, which is paramount today, as Griesmer is pulled in different directions. Looking at her watch, Griesmer surveys the acres of activity around her. Directional flags are going up, and the mountain of folding chairs and tables disappeared long ago thanks to those volunteers. “Good,” she says with a deep breath. “If it’s this quiet, we’re good.” For all that Pelotonia has accomplished in such a short time, Griesmer is reticent to say the organization is successful. “We’re going up against a big thing,” she said. “Until you don’t have to hear stories about the next person going in for treatment, you don’t feel that you’ve succeeded. It’s not that we’re pessimistic. It will take a lot of dollars to cure this disease, and it’s going to be cured.” For this reason, Griesmer flicks her aviator sunglasses down on the bridge of her nose and sets off on another 200-yard walk to make sure a delivery of bicycles from the New York City offices of The Limited Brands, Inc. is going smoothly.
“We look at Pelotonia as big business, and we’re in the business of saving lives.” organization is only in its third year of existence. In August, it attracted approximately 5,000 riders, who thus far have raised more than $9 million for cancer research at the The Ohio State University Comprehensive Cancer Center – Arthur G. James Cancer Hospital and Richard J. Solove Research Institute. Participants raised $13.1 million in 2011. Because corporate partners cover the expenses – such as Chemical Abstracts Service allowing free use of its 50-plus acres for Pelotonia activities gratis – every penny raised by riders goes directly to cancer research. They have raised more than $25.5 million since the first Pelotonia in 2009.
For this reason, Griesmer has worked until 11 p.m. every night for the last three weeks, seeing little of the two people who have supported her most, husband Gregory Gorospe ’93 and their 9-yearold son, Keiran. For this reason, she left her well-appointed office at Jones Day. “It comes down to being brave,” she said of making the leap from a traditional practice to the nonprofit sector. “By most people’s measurements, I was going to be successful, but I knew I wasn’t ultimately going to be happy. I believe that you have to know yourself well enough to be honest with yourself, and I’ve never regretted it.”
Allen Bohnert ’06 Wins Key Death Penalty Stay By Monica DeMeglio
Allen Bohnert ’06 looked up from his desk at the Office of the Federal Public Defender for the Southern District of Ohio to see four grinning externs in his doorway on July 8. “What’s up with all of you guys?” Nicole (Chames) Chatham, a 2L, looked at the others and said, “He doesn’t know yet.”
.S. District Court Judge Gregory L. Frost had just ordered a stay of execution for their client, Kenneth Smith, on the basis that it was substantially likely they could prove Ohio has an unconstitutional execution policy when considered through an equal protection claim under the Fourteenth Amendment. Bohnert, an assistant federal public defender, and the rest of the team in the Capital Habeas Unit succeeded in showing the state routinely deviates from its written protocol governing the state’s administration of executions by lethal injection. Testimony showed that execution team members regularly failed to, among other things, properly document the preparation of drugs and their doses, proceeded with executions despite failing to examine an inmate’s veins in a timely fashion, ignored systemic redundancies designed to reduce human error, and recruited someone outside of the team to provide oversight in one execution. Bohnert and his team prevailed on two different theories of equal protection claims, one of which received strict scrutiny while the 48 | Moritz College of Law
other claim received rational basis review. “Under rational basis scrutiny,” Frost wrote in his opinion, “Defendants’ core deviations are revealed to be irrational. They are arbitrary and capricious. They are unconstitutional.” He later added, “A death warrant cannot trump the Constitution.” Ohio and most states with the death penalty carefully constructed policies for execution teams to follow in the wake of the Baze v. Rees decision in 2008, explained Professor Douglas “Bohnert and his Berman, Robert J. Watkins/Procter team opened up this & Gamble Professor of Law and author of the Sentencing Law and new frontier on this Policy Blog. In response to two litigation. Ohio is a Kentucky death row inmates’ claims that the lethal injection drug cocktail bellwether on many could lead to cruel and unusual of these fronts.” punishment under the Eighth — Professor Doug Berman Amendment, Berman summarized the Supreme Court’s ruling as: “Absent evidence that the protocol you adopted is likely to produce significant pain, we’re OK with the way you’re doing things.” In Ohio, executions by lethal injection have proceeded at a rate of about one monthly in the last few years. However, the state’s way of conducting executions came under scrutiny again in 2009, when
Allen Bohnert ’06
technicians spent two hours trying to find an adequate vein with which to deliver a three-drug cocktail to Romell Broom. Berman said the state tried to correct procedures to avoid the situation from happening in the future, but the Broom case confirmed for attorneys like Bohnert their suspicions that the written protocols adopted by the state were not always followed scrupulously. “The clever part of arguing that lethal injection is unconstitutional on the grounds of the Fourteenth Amendment (as opposed to the Eighth Amendment) is that it asserts constitutional problems if only some defendants get the benefit of these execution rules being followed, while some others don’t,” Berman said. “Bohnert and his team opened up this new frontier on this litigation. Ohio is a bellwether on many of these fronts.” Attorney General Mike DeWine did not appeal Frost’s decision, and Gov. John Kasich postponed the August execution of another death row inmate to allow the Ohio Department of Rehabilitation and Correction time to fix problems cited by Frost. Bohnert hopes to get to a full merits trial with Smith and other death row inmates, so they can prove that Ohio’s administration of lethal injection executions is unconstitutional. “All of the evidence we’ve developed is common for each inmate because it’s evidence of what the state’s doing, or not doing,” Bohnert said. “My position is that Kenny’s stay shouldn’t be lifted until he’s at least had a chance to go to trial.” When asked about the impact of Frost’s ruling in Ohio and beyond its boundaries, Bohnert shrugs his shoulders, sighs, and says,“It depends.” He does not want to take credit for the milestone. Instead, he talks about phenomenal work on Smith’s clemency presentation done by Sharon Hicks ’88, a colleague in the Capital Habeas Unit, and the contributions to the lethal injection litigation of Cleveland attorney Timothy Sweeney ’87 and Randall Porter ’77 of the Ohio Public Defender’s Office. Bohnert also highlights the work done by externs in his office this summer. Joining Chatham was T. Conrad Bower, also a member of the Class of 2013, and law students from Duke University and Capital University. “It wasn’t like these students were fetching coffee and changing light bulbs in the office all summer,” Bohnert said. “They reviewed the evidence and debated strategy with me. They went to court. One of them was actually at counsel’s table with me during the hearing, and others quickly identified documents and other evidence, at times in the midst of the hearing.” Bohnert is acutely aware their work is unpopular with those in favor of capital punishment, but he considers his job to be “defending the Constitution.” The former high school history teacher uses the example of John Adams, the ardent patriot, defending British soldiers in the Boston Massacre trial in explaining why everyone deserves a strong defense when it comes to their rights. “Several amendments of the Bill of Rights were included, very specifically, to protect the rights of the individual who is accused, and somewhere along the way, in the last couple hundred years, I think that’s a notion that’s been forgotten,” Bohnert said. “The very purpose of those amendments, historically, was to protect unpopular people. When I hear people say, ‘We should just
do to this person the same thing they did to their victims,’ or that someone gives up their constitutional rights when they’ve allegedly done something wrong, that’s quintessentially unconstitutional and, in fact, the very opposite of what the founders believed. We, as a society, have to be better. That’s the whole point.” In the classroom at Kingwood High School in Texas, Bohnert became increasingly bothered by the government’s response to the terrorist attacks of Sept. 11, 2001 and leading to the 2003 invasion of Iraq. He described it as a surreal time to teach U.S. history. “One of the things I always told my students was that if you “Several amendments don’t vote, you can’t complain,” of the Bill of Rights he said. “The corollary to that were included, very is: If you see something you don’t like and have the ability to specifically, to protect do something about it, then you the rights of the forfeit your right to complain about it.” individual who is Perceptive students in his accused, and classroom picked up on Bohnert’s somewhere along the internal struggle and reminded him of his own words. “They way, in the last couple kind of called me out on it,” he hundred years, I think said. “ ‘You talk about law school and being involved in elected that’s a notion that’s office, but you’re still teaching been forgotten.” history. What’s up?’ They were right.” — Allen Bohnert ’06 Bohnert left teaching to enter a new kind of classroom at The Ohio State University Moritz College of Law. Under Berman’s tutelage, he took a liberal arts approach to law school, taking classes with professors who had stellar reputations, even if their subject matter did not strike the greatest interest in Bohnert. “Federal taxation with Professor (Donald) Tobin turned out to be surprisingly delightful. It was one of my favorite classes in law school,” he recalled. Bohnert keeps in regular contact with Berman, who taught him criminal law and sentencing, and who encouraged him to pursue his federal judicial clerkship with Judge Dan A. Polster in Cleveland following graduation. Professor Daniel Tokaji’s instruction on the Fourteenth Amendment, Bohnert said, “played no small part in how I ended up looking at the lethal injection stuff, honestly.” Considering his work today, would former students from Kingwood High School say Bohnert’s actions follow his own teachings? “Kenny Smith is still alive, and we had a lot to do with that. In that respect, that’s exactly what I was talking about with my students,” he said. “If this ruling could be used to shine some more light on what’s going on in other states, I would be thrilled. But it takes a federal judge with courage and willingness to listen like Judge Frost to allow the curtain to be pulled back and to give effect to all the evidence we developed.”
“The quality of the hospital often improves due to new technology or rebuilding a facility to meet design and utility needs that can attract exceptional health professionals.” —
Douglas Mancino ’74
Douglas Mancino ’74
Helps Health Care Organizations Prepare for Affordable Care Act By Monica DeMeglio
Whether assisting clients with crafting responses to IRS audits or working with hospitals trying to meet the requirements of the oft-debated Patient Protection and Affordable Care Act, Douglas Mancino ’74 finds his practice in health care and federal tax law as invigorating as it was when he was a new graduate.
began practicing a couple of years after the Tax Reform Act of 1969 was enacted. There were massive changes affecting private foundations,” Mancino said, recalling work he did for Baker Hostetler’s Cleveland office to bring foundations into compliance. “Then you fast-forward to today, and we’re dealing with very significant changes in the Pension Protection Act of 2006, which affect public charities, and the Affordable Care Act of 2010.” Changes within the health care industry, a sector bound 50 | Moritz College of Law
to grow with the United States’ aging population, were among the reasons Hunton & Williams LLP hired Mancino in June to expand the health care practice of the firm’s Los Angeles office and nationally. Best Lawyers named him Los Angeles’ “Lawyer of the Year 2011” in health care earlier this year. “There’s a ton of legal work being done to anticipate changes that will come in 2014,” Mancino said, referring to the Affordable Care Act. His clients already are proceeding as if the Affordable Care Act will be upheld as constitutional, even though there are ongoing challenges. For example, those without clinical integration strategies in place are beginning to look at establishing their own. A clinical integration strategy is an approach where physicians of all specialties and hospitals coordinate a patient’s care. In theory, the process eliminates duplication of tests and other procedures, in part, because a single electronic health record follows the patient.
Douglas Mancino ’74
Mancino said health care providers and hospital administrators realize the value of clinical integration. However, some are scrambling to find ways to raise the capital needed to transform it from theory to practice. “I’m not sure the cost will be justified in terms of costsavings alone. I think the cost will be justified in terms of better patient outcomes, though,” Mancino said. “It may cost more to maintain an electronic record, but I guarantee you that you won’t have to go from office to office with that little manila envelope. It does result in better care.” Many of his clients also are trying to qualify for $3.8 billion available to form Consumer Operated and Oriented Plans, or CO-OPs, also called for under the Affordable Care Act. The provision would allow for the creation of nonprofit health insurance issuers to offer competitive health care plans for individuals and small groups. “There will be anywhere from 50 to 100 new insurance companies funded with those monies,” Mancino said. In the race to form Accountable Care Organizations – conglomerations of doctors and hospitals that provide quality care to Medicare beneficiaries at a low cost in exchange for financial incentives – Mancino said health care lawyers are delving into a lot of antitrust and tax work. “I think there’s going to be further consolidation,” he said of changes to come as a result of the Affordable Care Act. “There are still a lot of freestanding community hospitals.
Consolidation done properly, he believes, can be good for consumers. “You eliminate overhead. You improve access to capital, and all of that means better care could be delivered, hopefully, at a lower cost,” he said. “The quality of the hospital often improves due to new technology or rebuilding a facility to meet design and utility needs that can attract exceptional health professionals.” Mancino is working on a book due out this year tentatively titled A Comprehensive Guide to the Intermediate Sanctions Rules in Section 4958 of the Internal Revenue Code for Public Charities, Social Welfare Organizations and CO-OP Health Insurance Companies. It will provide a broad treatment of the rule guidelines that affect an organization and its managers. He has authored more than 85 articles and book chapters covering tax-exempt organizations and health care issues. Mancino also has written or coauthored six other books, covering a spectrum of tax-exempt organizations. Taxation of Hospitals and Health Care Organizations for example, covers rules for charitable hospitals, HMOs and medical groups. The process of explaining complex subjects to clients goes smoother after going through the process of writing it, Mancino maintains. “If you like to write, the better you get, and the easier it becomes,” he said. “I like to explore new topics that potentially bring added benefit to my clients, but I just simply enjoy the
Mancino is working on a book due out this year tentatively titled A Comprehensive Guide to the Intermediate Sanctions Rules in Section 4958 of the Internal Revenue Code for Public Charities, Social Welfare Organizations and CO-OP Health Insurance Companies. It will provide a broad treatment of the rule guidelines that affect an organization and its managers.
With changes in the Medicare cost structure, they may find themselves unable to raise capital to expand on their own, and they will be looking for more capital-rich partners.” Mancino worked on a number of hospital consolidation deals in the 1980s, after Congress mandated a Prospective Payment System in 1983 as a way to control costs for Medicare patients. Hospitals received a flat rate per case for inpatient care so that efficient facilities were rewarded accordingly, and inefficient hospitals had the incentive to become more efficient. Multihospital systems had not become commonplace until then, Mancino said.
process of writing ever since I was an associate editor on law review. “It keeps you relevant,” the 62-year-old said, “Even if the process of updating my books is sometimes painful, it keeps me extremely up-to-date in my ability to serve clients and reinforces my leadership and expertise in the field. I’m going to be doing this a lot longer. I enjoy the work and the people I’m
doing it with.”
“Thanks to my education at Ohio State, I have had a wonderful career in law. As a way to invest in the university’s first-rate programs and students, my wife, Kathy, and I are giving our support as part of our estate plan.” Through thoughtful estate planning, you make a gift of a lifetime that meets your goals, beliefs, and dreams. You create a legacy that will help to shape the Moritz College of Law and other areas that hold special meaning for you.
Call us to learn more. Alec Wightman JD ’75 Baker & Hostetler
Office of Gift Planning
(614) 292-2183 • (800) 327-7907 email@example.com • giveto.osu.edu/giftplanning All_Rise_Ad.2.indd 1
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1960s Paul R. Martin ’61, J.D., M.D., was elected to the Alumni Board of the American University of the Caribbean School of Medicine in Miami. The AUC School of Medicine has more than 3,000 graduates practicing in the United States and elsewhere. Martin practices law in California. Tom Knoll ’65 is the 2011 recipient of the Sir Thomas More Award. Presented by the Catholic Diocese of Cleveland and as part of the Akron Bar Association Law Week Celebration, the award is given each year in recognition of a member of the legal community who demonstrates outstanding personal integrity, community service, and professional excellence. Knoll was honored at the Sir Thomas More Award’s Red Mass in downtown Akron in May. William Goldman ’66, attorney with Goldman & Braunstein LLP, received the Columbus Zoo and Aquarium 2010 Board Leadership Award. Goldman founded the zoo’s Wine for Wildlife event in 2009, which has raised nearly a quarter of a million dollars for the zoo’s conservation programs.
1970s Charles Warner ’70 was selected for inclusion in the 2011 edition of The International Who’s Who in the Area of Management Labour and Employment. Warner represents employers in connection with discrimination charges,
express and implied employment contract issues, employment practices, and related tort and benefit claims. His litigation experience includes the defense of both opt-out and opt-in class actions. Warner is a fellow of the College of Labor and Employment Lawyers, member of the American and Ohio State Bar Associations’ labor and employment law sections, and founding chair of the Columbus Bar Association’s Labor and Employment Law Committee. Frank A. Ray ’73 was named as a “Top 10 Ohio Super Lawyer.” Ray is a partner in the Columbus office of Chester Willcox & Saxbe. Joseph Strapp ’73, a partner at Strapp & Strapp, where he specializes in labor and employment law, is pleased to announce the relocation of the firm’s offices to 10100 Santa Monica Blvd., Suite 300, Los Angeles, CA, 90067. Jeff Kaplan ’76 has stepped in as senior vice president for development at The Ohio State University, president of The Ohio State University Foundation, and special assistant to the president for advancement. His new duties will focus on leading Ohio State’s fundraising efforts, including an upcoming university-wide campaign aiming to raise $2.5 billion. Stephen H. Gariepy ’77 was named “Lawyer of the Year” for Cleveland trusts and estates by The Best Lawyers in America. Gariepy is the first Cleveland-area attorney to receive this
award, which is based upon exhaustive peerreview surveys of other leading practitioners in his specialty. He is a partner with Hahn Loeser & Parks LLP, where he co-chairs its Estate Planning and Business Succession Group. Gariepy is also an active member of the Cleveland arts scene, serving as trustee of the Great Lakes Theater Festival, director of the Cleveland International Piano Competition, and past chair of the Cleveland Museum of Art’s Planned Giving Council.
1980s Gerry W. Beyer ’80 recently received the Chancellor’s Distinguished Teaching Award from Texas Tech University. The Chancellor’s Award is the highest teaching award given by the university system to faculty members and is the 16th teaching award won by Beyer since 2000. Beyer was elected to the American Law Institute and coauthored a book titled Fat Cats and Lucky Dogs -- How to Leave (Some of) Your Estate to Your Pets. Beyer also is excited about returning to Moritz in January 2012 to teach Wills & Trusts and Property as a visiting professor. Theodore R. Essex ’80 and James Holbein have written a chapter for a forthcoming ABA Monograph on alternative dispute resolution. The chapter covers ADR and the International Trade Commission. Judge Essex also has been appointed as an adjunct professor for the fall quarter teaching
CLass Notes: Submit news items to: Barbara Peck Chief Communications Officer Moritz College of Law 55 West 12th Ave. Columbus, OH 43210. E-mail notes to firstname.lastname@example.org or fill out an online form at moritzlaw.osu.edu/alumni/notes. FALL 2011
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Enforcement of IP Rights in the U.S. International Trade Commission. Richard Jacobs ’80 was appointed general counsel of Pictometry International Corp., a leading provider of geo-referenced, aerial image libraries and related software. Jacobs oversees rights management and licensing of Pictometry’s global image library and joins the Rochester, N.Y. company’s executive management team. Pamela Barker ’82 was appointed by Ohio Gov. John Kasich to the bench of the Common Pleas Court of Cuyahoga County. She took office on Sept. 19, replacing former Judge Steven Terry. To serve the remainder of Terry’s term, Judge Barker must run in the November 2012 election.
William A. Leuby ’83, senior vice president of Columbus-based investment management and financial advisory firm Hamilton Capital Management, Inc., has been named one of the “Best Financial Advisers for Doctors” for the third time by the editors of Medical Economics magazine. Leuby has been a member of the Hamilton Capital leadership team since its inception in 1997. Laura Kulwicki ’84 recently joined Vorys, Sater, Seymour and Pease LLP as Of Counsel to its Akron office. Kulwicki joins the law firm’s tax group. Her practice is focused on state and local taxation, with an emphasis on multistate issues that affect taxpayers doing business across the United States. She has represented multistate and multinational corporations in state tax matters in more
than 30 states, working with state taxing departments nationwide to resolve issues for her clients, including 50-state voluntary compliance programs and Multistate Tax Commission audits. She regularly advises companies on issues involving nexus planning and defense, sales and use tax, corporate income/franchising tax, gross receipts tax and unclaimed funds, as well as substantive tax planning. Jack J. Laffey ’85 was honored at an event sponsored by the Wisconsin Law Journal as one of Wisconsin’s Leaders in the Law. Laffey is an attorney in the product liability litigation and risk avoidance team at Whyte Hirschboeck Dudek S.C. in Milwaukee. Brian T. Casey ’87 was named to the national list of the “100 Most Powerful People in the Insurance Industry in North America” for 2011. Casey is a partner in the Atlanta office of Locke Lord Bissell & Liddell LLP, where he focuses on corporate law and mergers and acquisitions. David J. Coyle ’87 has been elected to serve as the president of the boards of trustees of Legal Aid of Western Ohio, Inc. (LAWO) and Advocates for Basic Legal Equality, Inc. (ABLE). ABLE and LAWO are the largest providers of free legal services in Ohio, covering 32 counties of western Ohio. Coyle is a partner in the Toledo office of Shumaker, Loop & Kendrick, LLP.
Justice Yvette McGee Brown ’85 and Judge Carla D. Moore ’77 made history in March on the Supreme Court of Ohio when they were the first black justices to simultaneously hear an Ohio Supreme Court case. Moore, who serves in the Ninth District Court of Appeals, sat in place of Justice Evelyn Lundberg Stratton, who had recused herself from the case. In its 208-year history, the Ohio Supreme Court has only had three black justices appointed, and all were Ohio State law school graduates. 54 | Moritz College of Law
Franklin County Court of Common Pleas Judge Elizabeth Gill ’87 was honored with the George E. Tyack Award for Judicial Excellence for outstanding jurisprudence and service by the Central Ohio Association for Justice. The award is presented annually to a judge chosen by the association, which is primarily made up of attorneys who practice in Central Ohio courts. William R. Damschroder ’88 was appointed as the chief legal advisor for the Ohio Department of Natural Resources. Damschroder will provide legal support and guidance to the department’s divisions and
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offices. Damschroder spent the majority of his career in public service, including 12 years with the Ohio Department of Commerce, where he worked in all areas of administrative and real estate law. Damschroder currently resides in Grandview with his wife and two sons. Jeffrey J. Helmick ’88 was nominated by President Obama to be a judge on the U.S. District Court Northern District of Ohio. Awaiting confirmation by the U.S. Senate, Helmick already was recommended to the president by Ohio Sens. Sherrod Brown (D) and George Voinovich ’61 (R). He is a principal in the law firm of Gamso, Helmick & Hoolahan. Paul Debolt ’89 has been named a co-chair of Venable LLP’s Government Contracts Practice Group. Venable has one of the country’s largest government contract teams, with clients ranging from large defense contractors to small, entrepreneurial companies. Located in Venable’s Washington, D.C. office, Debolt assists companies and individuals on all issues that arise from doing business with the federal government, including civil fraud, and government contracts issues.
Steve Magas ’82, Ohio’s “Bike Lawyer,” celebrated the second anniversary of The Magas Firm in June 2010. While his practice focuses on litigation, personal injury and insurance issues, his niche in the world of bicycling is well-recognized. Magas is the contributing author for the popular book Bicycling and the Law, sits on the board of the Ohio Bicycle Federation, and has handled close to 300 “bike cases” over the past 25-plus years. He is active in bike advocacy at the local, state, and national levels. Magas recently moved his office to eastern Cincinnati, but his practice takes him all over Ohio. Magas also has been called into bike cases in Indiana, Kentucky, Pennsylvania, New Jersey, Virginia, Maryland, and Florida. Magas also is very happy to announce the birth of his first grandchild, William I. Johns, to his stepson Billy and his wife, Teresa.
Kimberly Strong ’89 was named vice president of ethics and compliance at a Colorado environmental engineering company, MWH Global. Strong, former AOL, Inc. chief ethics and compliance officer, has 20 years of in-house litigation and compliance experience in utilities and telecommunications.
1990s Cathy Geyer ’90 was named deputy director of the Ohio Department of Insurance. Geyer is responsible for overseeing the day-today operations of the department. Geyer joined the department after spending the last five years at Nationwide Insurance in the office of the chief legal and governance officer. Geyer lives in Dublin with her husband, Tom, and three daughters, ages 11, 13, and 16.
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six years prior. Tugend lives in Bexley, with his wife and three children. Lisa Pierce Reisz ’92, a partner in Vorys, Sater, Seymour and Pease LLP’s Columbus office, was elected to the Columbus Bar Association Board of Governors. The Board of Governors establishes policies and goals for the Columbus Bar Association, which is nationally recognized among the most successful metropolitan bar associations. Reisz was one of three new board members elected to first-time terms. Reisz is a member of Vorys’ health care and litigation groups and is also the firm’s pro bono coordinator.
The Ohio State University unveiled the Elizabeth J. Watters ’90 sandwich at Sloopy’s Diner in the Ohio Union on Sept. 9, 2011. The Second Annual Sandwich Club Awards celebrate the people who strive to make a difference on Ohio State’s campus as well as honor those that embody the spirit of the Ohio Union and truly know what it is to be a Buckeye.
The Ohio Ethics Commission named Paul M. Nick ’90 as its permanent executive director. Nick had previously served as the interim executive director and has been the commission’s chief investigative attorney since 2000. Steve Tugend ’91 joined the Columbus office of Kegler, Brown, Hill & Ritter LPA to lead the firm’s government and affairs practice area. Tugend was vice president of government relations for the Columbus Chamber of Commerce for the 56 | Moritz College of Law
Susan M. Zidek ’92 was promoted to the position of senior vice president and general counsel at Mission Essential Personnel, LLC (MEP). MEP is a global professional services company that provides human-capital solutions and program support to government and corporate clients. On a personal note, on March 12, 2011, Zidek married David K. Kruse, the director of development for the Greater Cleveland Council of the Boy Scouts of America. Lynn Dennison ’93 was named senior vice president of legal, compliance and risk management at Sterling Jewelers, Inc. in Akron. Dennison has overall leadership responsibility for Sterling’s legal, loss prevention, internal audit, inventory control, security, tax, insurance, safety, and enterprise risk departments and will serve on Sterling’s executive committee. Laura B. Smith ’94 was appointed by Ohio Gov. John Kasich to serve as judge of the Franklin County Court of Common Pleas, Domestic Relations Division. Smith took office Aug. 8 and will serve out the remainder of the term, which ends Jan. 1, 2013. Smith must run in November 2012 in order to start service for a six-year term beginning Jan. 2, 2013. Wesley T. Bishop ’95 was elected to the Louisiana House of Representatives
representing the New Orleans area. Bishop is the associate vice chancellor for academic affairs at Southern University New Orleans. Stan Ramsay ’95 and his wife, Patricia, recently welcomed their fourth child, Henry. Stan is a partner of Weil, Gotshal & Manges LLP in New York. Timothy A. Barnes ’96 was named a Fellow of INSOL International. He received this distinction upon graduating (with honors) from INSOL International’s Global Insolvency Practice Course, an LL.M.level program that teaches participants the underlying principles, statutes, regulatory frameworks, and insolvency restructuring regimes in countries around the globe. Shawna L. L’Italien ’96, a Salem business attorney and member in the law firm of Harrington, Hoppe & Mitchell, Ltd., received the Ohio State Bar Foundation’s District 13 2011 “Community Service Award for Attorneys 40 and Under.” The award recognizes L’Italien’s work with local nonprofit organizations, including Salem Community Hospital, the Columbiana County Mental Health Clinic, United Community Scholarship Foundation, and Salem Kiwanis. She practices in the areas of business transactions, corporate law, real estate law, business financing, and employment law. Scott Lindsey ’96 competed in his third Pelotonia event to raise money for an end to cancer. He selected the 100-mile route to Athens. Amanda Masters ’96 joined the civil rights firm Giskan Solotaroff Anderson & Stewart LLP as of counsel. She received the 2010 “Outstanding Fair Housing Attorney” Acting for Justice Award, presented by the Fair Housing Justice Center of New York City, for work on behalf of victims of discrimination.
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Lee Joshua Freedman ’97 has taken a position at Apple as the manager of Cyber Investigations in Northern California. Freedman joined Apple after nearly nine years at the U.S. Attorney’s Office.
engineering, finance, and the like, in the pharmaceuticals, biotechnology, chemicals, and energy industries. Zisk lives in Princeton, N.J. with his wife, Isabel, and 5-year-old daughter, Alexandra.
or dependency. She was also the recipient of a “Special Recognition Award” from the Citizens Review Board in April for outstanding performance and lasting contribution to the board.
Sara Sampson ’97 is now a clinical assistant professor of law and deputy director of the Law Library at University of North Carolina School of Law. She lives in Durham, N.C.
Jennifer N. Elleman ’98, director and senior corporate counsel at LexisNexis, was a recipient of the “40 Under 40” award presented by the Dayton Business Journal. The award, which recognizes the region’s up-and-coming leaders, was given to Elleman, in part, because of her dedication to community service. Elleman sits on the Citizens Review Board of Montgomery County, which is an arm of the Juvenile Court and operates to review the services provided to children who are in the care or protection of the county due to abuse, neglect,
Hallie Diethelm Caldarone ’99 has been named a partner at Jackson Lewis LLP. Caldarone works in employment litigation in the firm’s Chicago office
Matthew B. Zisk ’97 was elevated to partner in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates. He continues to focus on transactional intellectual property, with a focus on IP-intensive mergers and acquisitions, collaborations, licensing, projects
Nine attorneys from Porter Wright who are alumni from The Ohio State University Moritz College of Law were named as leading lawyers by Chambers USA in its June 2011 edition. The following were named among top attorneys in Ohio in their areas of practice: Richard J. Helmreich ’89, employee benefits and executive compensation; Curtis A. Loveland ’73, corporate and mergers and acquisitions; J. Jeffrey McNealey ’69, natural resources and the environment and real estate zoning/land use; Robert A. Meyer Jr. ’78, real estate zoning/land use; Jack R. Pigman ’69, bankruptcy and restructuring; John B. Rohyans ’69, real estate; John M. Stephen ’79, labor and employment; Robert W. Trafford ’77, general commercial litigation; and Charles C. Warner ’70, labor and employment. McNealy also was designated a senior statesman in both fields of expertise, and Rohyans was designated a senior statesman in the field of real estate.
Priya Lakhi ’99 was recently named as faculty at the Roger Williams University School of Law. She will be a visiting associate professor of law and the interim director of the criminal defense clinic. Sky Pettey ’99 was named a “Rising Star” in the area of criminal defense in the 2011 edition of Ohio Super Lawyers. Pettey is an associate with the Athens law firm Lavelle and Associates. His main practice areas include criminal defense, civil rights, personal injury, and probate. Maureen Tracey ’99 was named a “Rising Star” in the area of business litigation in the 2011 edition of Ohio Super Lawyers. Tracey is an associate in the Cleveland office of Vorys, Sater, Seymour and Pease LLP. Anthony Weis ’99, a partner at Vorys, Sater, Seymour and Pease LLP, and Sachiyo Isoda Peterson ’10, an associate at Vorys, were featured prominently in the Columbus Business First story “International Business Drives Need for Multilinguals,” which appeared in the May 6, 2011 edition of the paper.
2000s Bret F. Busacker ’00 joined Hawley Troxell Ennis & Hawley LLP as of counsel. A tax lawyer specializing in employee benefits, ERISA, executive compensation, and related tax areas, Busacker is joining the firm’s tax practice group. He is a former partner of Thompson Hine, LLP in Cincinnati. FALL 2011
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David G. Kern ’00 was promoted to partner at the law firm of Roetzel & Andress. Kern works in the Cincinnati office, focusing on complex commercial and business litigation, and risk management and liability defense. He also handles business torts, foreclosure actions, construction litigation, disability insurance defense, transportation and maritime litigation, and personal injury litigation. Bryan Koepp ’00 was promoted to senior vice president at the BB&T Corp. Koepp, who joined the bank in 2008, is a group financial planning strategist for BB&T Wealth Management’s Georgia team and is the group’s lead business transition planning strategist in the bank’s Atlanta office. Koepp also was a BB& T Sterling Award “Best of the Best” wealth planning strategist for 2010. Jeremy Mercer ’00, a commercial litigator focusing on oil and gas, joined the energy and environmental practices of Fulbright & Jaworski LLP in the newly opened office in Western Pennsylvania. Mercer advises clients on local zoning issues and has defended multiplaintiff matters involving allegations of contamination and health effects related to drilling operations. Jack Schreibman ’00 has been selected as the deputy associate administrator for administration for the Maritime Administration. The Maritime Administration is the agency within the U.S. Department of Transportation dealing with waterborne transportation. Its programs promote the use of waterborne transportation and its seamless integration with other segments of the transportation system, and the viability of the U.S. merchant marine. Eric Bono ’01 was named assistant dean for career opportunities at the University of Denver Sturm College of Law. Dan Hawkins ’01 recently returned from the former Soviet Republic of 58 | Moritz College of Law
Paul Kuzmickas ’03 and his wife, Jennifer, added twins to their growing family on May 14, 2011. Already balancing the life of an attorney with 13-year-old Andrew and nearly 2-year-old Grayson, Paul has doubled the number of children in his home. They welcomed Liam, 6 pounds, 9 ounces, and Elliot, 4 pounds, 10 ounces, into the world and have not stopped running, or slept, since. The children and mother, thankfully, are all doing fine.
Georgia, where he was asked by the U.S. Dept. of Justice and the Georgia Ministry of Justice to provide training to prosecutors and victim/ witness coordinators. He helped with the development of the country’s newly created victim/witness assistance project, and he also trained prosecutors on how to handle cases involving traumatized victims, including sexual assault and child abuse victims. René L. Rimelspach ’01 was recently elected to membership in the law firm of Eastman & Smith Ltd. Rimelspach is based in Eastman & Smith’s Columbus office, where she concentrates her practice in the areas of environmental, public, and employment law. Michael W. Deemer ’02 was tapped by the Downtown Cleveland Alliance (DCA) as director of its new Business Center, the focus of DCA’s initiative to draw more business to
downtown Cleveland. Deemer joins DCA from the Ohio governor’s office, where as executive economic development policy advisor, he advised the governor, senior staff, and cabinet directors on policy and legal matters related to the governor’s economic policy agenda, including the implementation of the Department of Development’s strategic plan and $1.8 billion biennial budget. Susan Kenney-Pfalzer ’02 returned to Ohio after living overseas for three years and recently reopened a solo family law practice in the Cleveland area. She also is in the process of obtaining a master’s degree in nonprofit administration and leadership from Cleveland State University.
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Reconnect with us! Find out about Moritz Law news and activity. Like us on Facebook www.facebook.com/osumoritzlaw Anthony M. Sharett ’02 was named a “Rising Star” in the area of business litigation in the 2011 edition of Ohio Super Lawyers. Sharett is an associate at Bricker & Eckler LLP in Columbus. Sharett also was appointed to the Supreme Court Commission on the Rules of Practice and Procedure. Hope Sharett ’03 is the executive director of the Law and Leadership Institute, LLC in Ohio. The institute has been named the Honorable Mention Award Recipient of the 2011 Raymond P. and Sadie T. M. Alexander Award for Excellence in Educational Pipeline Diversity Programming by the American Bar Association. This initiative for the legal profession served nearly 300 students in 2010. Shobhan Thakkar ’03 joined Weather Central, LP as the general counsel, corporate secretary, and internal audit manager in May. Jordan Hendrick ’04 recently accepted the position of partner at the boutique law firm Stout Walling Atwood LLC in Atlanta. He is the manager of the domestic relations section. Al Sauline III ’04 has been elected president of the board of directors for Catholic Charities of Northwest FloridaPanama City. He is an associate with McConnaughhay, Duffy, Coonrod, Pope & Weaver, PA, a law firm that specializes in workers’ compensation defense.
Meredith Smith ’04 recently accepted a position as the assistant director of Undergraduate Judicial Affairs at Dartmouth College. Most recently, she worked in the Northwestern University office of student conduct and conflict resolution. Michael Berry ’05 argued and prevailed before the Court of Appeals for the Armed Forces a case in which the court overturned his client’s negligent homicide conviction. Jason Lucas ’05 recently joined the Wheeling, W.Va., office of Steptoe & Johnson LLP as an associate practicing in its energy law group. Asim Haque ’06 was elected vice president of Community Research Partners (CRP) Board of Trustees. Haque began his two-year term on Jan. 1. As a member of the board, he will assist the Central Ohio nonprofit in its mission to strengthen and empower the community through data, information, and knowledge. CRP collects, analyzes, and makes available data that supports community planning and policy, as well as action by funders, program providers, and residents. Haque is an associate at Schottenstein Zox & Dunn. Scott R. Stanley ’06 recently accepted a position as attorney in the market abuse unit at the U.S. Securities & Exchange Commission in Washington, D.C. Steve Yoost ’06 was promoted to senior associate at Alston & Bird LLP in Charlotte, N.C., where he focuses on corporate and securities matters, including mergers, acquisitions, and reorganizations Then, in May,
Monica Ramirez ’03 was the keynote speaker at the Ninth Annual Latino Youth Summit, where she talked about being the descendant of a farmworking family, shared experiences of social injustice and discrimination, and told her own story of success. Ramirez is director of Esperanza: The Immigrant Women’s Legal Initiative of the Southern Poverty Law Center, which works to eradicate discrimination against farmworking and low-wage immigrant women.
he and Mary Yoost ’07 welcomed their first child, Simon James Yoost. Mary Yoost practices at McGuireWoods LLP, also in Charlotte.
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James David Campbell Jr. ’10 recently incorporated The Campbell Family Charitable Foundation, a nonprofit corporation with a mission to raise awareness and support for educational opportunities and youth education initiatives. More information can be found at www.campbellcharity.org. In addition, Campbell recently published a landmark article on European law within the Syracuse Journal of International Law. The piece, “Unenforceable Impracticality: Exploring Kobler’s Constitutional Jurisprudential and Practical Miscues,” was written while he was a part of the Moritz semester study program at the University of Oxford.
Joseph Bahgat ’07 partnered with Seattlebased company LexBlog in November 2010 to develop a concept for a law blog that presents legal news from the media, sports, and entertainment industries, and packages it in an easily digestible format for lay people. The website is www. sportsandentertainmentlawplaybook.com. Jason Block ’07 enrolled in a Ph.D. program in higher education law and policy at the University of Kentucky. As part of the program, he will work with scholars, policy makers, and practitioners on fostering innovation in Kentucky’s higher education.
each class entering Moritz has raised the bar when it comes to credentials, leadership, and talent. Yours have been the best classes to ever walk through Drinko Hall. And, you are already raising the bar as alumni. Your classmates have volunteered to coach and judge moot court teams, helped career services with leads and mock interviews, organized reunions, and some have supported the College financially. We need your continued leadership. We are asking you – young alumni – to lead the charge in supporting the College. Currently, 5 percent of our recent alumni give to the College. Will you help us raise the bar to 10 percent? We are looking for 246 members of the classes of 2001-2010 to renew your support or to step forward for the first time, to become young alumni leaders, and give to the College. It is not about the size of the gift; it is about giving back to your Moritz Community. Collectively, your gifts will substantially benefit our students through activities that were important to you, like law journal, moot court, career services, mentoring, and the clinical programs.
Please visit http://giveto.osu.edu/raisingthebar to make a gift. 60 | Moritz College of Law
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Previously, he served for two years as director of student rights and responsibilities at Gettysburg College in Pennsylvania. Jason P. Bichsel ’08 joined the law firm of Akerman Senterfitt LLP in the firm’s Fort Lauderdale, Fla. office in April. He is an associate in the firm’s consumer finance litigation practice group. Michael Jones ’08 was promoted to global privacy program manager at Monster Worldwide, Inc., a global leader in online employment services. He joined Monster’s global privacy office in 2008. U.S. Army JAG Corps Capt. Dan Maurer ’08 recently returned from his second yearlong deployment to Iraq, where he served as a brigade’s command judge advocate (senior legal counsel to brigade commander and staff) and, more importantly, watched the live birth of his third child, Alexander Finn, via Skype. He is currently an appellate counsel practicing before the Army Court of Criminal Appeals and the Court of Appeals for the Armed Forces, in Washington, D.C., and has three scholarly articles pending publication in refereed military legal journals. Octavia Donnelly ’09 has joined the firm Renaud Cook Drury Mesaros, PA as an associate in downtown Phoenix. Michael Jackson ’09 joined the Cleveland office of Fisher & Phillips LLP, a national law firm representing management in all aspects of labor and employment, as an associate in June. Susan Landrum ’09 has recently moved to Atlanta, where she is working as a staff attorney for the Eleventh Circuit Court of Appeals.” After attending Naval Justice School in Newport, R.I., Capt. Ryan Shrout ’09, U.S. Marine Corps, was certified as a Marine Corps Judge Advocate in April 2011. He assumed duties as a trial counsel (prosecutor)
Former I/S Journal members ric Whisler ’09, Carla Scherr ’08, Professor Swire, Elliott Tomes ’09, Kenesa Ahmad ’09, Brian Beauchamp ’09, Mike Jones ’08, Debra Danisek ‘08 gathered at the annual Privacy Summit for the International Association of Privacy Professionals. For several years, the journal published an annual issue that was distributed to IAPP members.
at the legal services support section, Camp Lejeune, N.C. Patrick Welch ’09 left his position as a law clerk for the Ohio Criminal Sentencing Commission to take a position as an assistant state public defender for the Office of the Ohio Public Defender.
2010s Matthew Brandt ’10 will practice in Abercrombie & Fitch’s real estate department and assist with furthering the company’s international and domestic growth. Clarence Dass ’10 is the voice of “Swift Justice,” a weekly legal education segment on WDVD 96.3 in Detroit. Dass began appearing on the “Blaine & Allyson in the Morning” show in December 2010, in addition to practicing with The Law Offices of Gurewitz & Raben.
Sachiyo Isoda Peterson ’10, an associate at Vorys, Sater, Seymour and Pease LLP, and Anthony Weis ’99, a partner at Vorys, were featured prominently in the Columbus Business First story “International Business Drives Need for Multilinguals,” which appeared in the May 6, 2011 edition of the paper.
CLass Notes: Submit news items to: Barbara Peck Chief Communications Officer Moritz College of Law 55 W. 12th Ave. Columbus, OH 43210. E-mail notes to email@example.com or fill out an online form at moritzlaw.osu.edu/alumni/notes.
In Memoriam The Moritz College of Law has received word of the death of the following graduates and former faculty. We express our sympathy to relatives and loved ones.
John Jonas “Jack” Chester of Upper Arlington, Ohio passed away July 24, 2011. Chester, 91, taught pretrial litigation at The Ohio State University Moritz College of Law from 2000 to 2009, and he was a recipient of the University’s Distinguished Service Award in 2010.
hester was born to the late John Jonas and Harriet Bonnadine Rice Chester of Bexley in 1920. A graduate of Bexley High School, he went on to study at Amherst College and Yale Law School. He was a third-generation lawyer, practicing for 65 years in the law firm his grandfather founded in 1884, known today as Chester Willcox & Saxbe LLP. Chester enlisted in the Navy in 1942 and served as a lieutenant in destroyers for four years during World War II. He earned three Battle Stars. Beginning in 1952, he was elected to the Ohio House of Representatives three times. In 1974, he was appointed Special Counsel to the President of the United States Richard Nixon in the midst of the Watergate scandal. Chester also served as an elector for the state of Ohio in the 1988 and 2000 electoral colleges. As an adjunct professor at Moritz,
62 | Moritz College of Law
Chester also played a leading role in launching the College’s Legislation Clinic, its Center for Interdisciplinary Law and Policy Studies, and the forthcoming Entrepreneurial Business Law Clinic. He received the Columbus Bar Association’s Professionalism Award in 2000 and the Ohio State Bar Foundation Honorary Life Fellowship Award in 2006. He was a fellow in the American College of Trial Lawyers and earned recognition as one of the Best Lawyers in America and an Ohio Super Lawyer. “Jack was a Yale Law graduate who described Moritz as his ‘adopted’ law school,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law, “and how fortunate we were that he adopted us. Students in his classroom benefited from his 60plus years of leadership in the legal community and successful litigation work. Deans benefited from his service on the College’s National Council and from his private counsel. Future generations will continue to reap rich experiences from the Legislation Clinic, Entrepreneurial
Business Law Clinic, and Barrister Club he helped establish. He was a dear friend of the College and will be sorely missed.” Chester’s community service activities were many. He served on the boards of Riverside Methodist Hospital, Doctors Hospital, OhioHealth, Shepherd Hill health center, the American Heart Association of Franklin County, the Ohio Historical Society, Columbus Academy, and Columbus School for Girls. He was a director of the United States Navy Memorial in Washington, D.C., and he was a member of the Naval War College Foundation and the U.S. Naval Institute. In 2002, he established the Chester Professionalism Institute at the Columbus Bar Foundation. He is survived by his children, John J. (Judy) Chester, James J. (Karen) Chester, Joel J. Chester, and Cecily (Brett) Chester Alexander and 11 grandchildren. In addition to his parents, a brother, and three sisters, he was preceded in death by his wife of 51 years, Cynthia Johnson Chester.
In Memoriam The Moritz College of Law has received word of the death of the following graduates and former faculty. We express our sympathy to relatives and loved ones.
The Moritz College of Law has received word of the death of the following graduates, former faculty, and friends. We express our sympathy to relatives and loved ones.
John W. Hardwick ’40, of Silver Spring, Md., passed away Aug. 4, 2011. Hardwick, 96, was a graduate of Ohio Wesleyan University and The Ohio State University Moritz College of Law. He was an Army Air Force veteran of World War II. Postwar, he became mayor of his hometown, Barnesville, Ohio and he also was assistant attorney general of Ohio and the attorney general’s chief counsel to the bureau of unemployment compensation. Hardwick later spent 20 years with the Federal Communications Commission as a lawyer in the 1960s and 70s. He was an active member with the Masons, the American Legion, and Riderwood Village church. He is preceded in death by his wife, Dorothy and is survived by his beloved daughters, the Rev. Elaine Prince, Sue Ann Lewis, and Sally Digman; four grandchildren; and three greatgrandchildren.
Kathaleen B. “Kate” Schulte ’82 of Columbus, Ohio passed away on Sept. 15, 2011, of an apparent heart attack at the age of 60. Schulte was born in Wichita, Kan., and settled in Columbus in the mid-1970s. Her earliest work for justice was with farmworker organizers and the Columbus Tenants Union. In 1982, Schulte received her law degree and embarked on a career as a civil rights attorney, representing individuals who were victims of employment discrimination, sexual harassment, police misconduct, nursing home abuse, disenfranchisement, or who were otherwise injured and in need of someone to be their advocate. In addition to working in private practice for most of her career, Schulte also served as the executive director for the Equal Justice Foundation. Schulte was recognized in Ohio Super Lawyers and The Best Lawyers in America, and was the 2011 Community Festival honored community activist. Beyond her legacy of fighting injustice, Kate will be remembered for her robust laugh, the joy she took in traveling to new places and eating good food, and the deep love she had for her husband, Michael Vander Does, stepdaughters, Nicole (Vander Does) Greer ’05, and Naima Vander Does, and the many friends and family members whose lives she touched.
Shannon (Tuza) Goodburn ’98, of Lewis Center, Ohio passed away April 17, 2010. Goodburn, 36, was a graduate of The Ohio State University, where she also received a law degree from the Moritz College of Law. Goodburn worked at the Franklin County Court of Appeals as a law clerk to the Honorable Lisa Sadler. She is survived by her husband, Paul Goodburn Jr.; son, Thomas, and daughter, Erin; sister, Elizabeth (Jesus) Yanez; a grandmother, Patricia Harding; and other family members and friends.
Matthew Lebold ’10, formerly of Cleveland, Ohio, passed away June 14, 2011. Lebold was a 2007 graduate of The Ohio State University and received a law degree from the Moritz College of Law. In his tenure at Ohio State, he served as the managing editor for the Practitioner’s Commentary, Ohio State Journal of Criminal Law. Lebold worked as an associate at Johnson & Bell Ltd. in Chicago, where he also volunteered with the City of Chicago Law Department, Labor Division and was a member of the Chicago Bar Association. He is survived by his parents, John and Susan; siblings, Katherine, Lauren, Anne, and Erin; and a grandmother, Rita Lebold.
Reunion Weekend & Awards Ceremony September 9-10, 2011 The Ohio State University Moritz College of Law welcomed back to campus about 250 alumni and their guests Sept. 9-11 for Reunion Weekend. On Friday night, the classes of 1961, 1966, 1971, 1976, 1981, 1986, 1991, 1996, 2001, and 2006 convened at the Renaissance Columbus Downtown Hotel for the All-Class Reunion Dinner and Awards Ceremony. Among those in attendance were former Sen. George V. Voinovich ’61 and President E. Gordon Gee. Following dinner, the group split up by class for a dessert reception. The Buckeye faithful gathered Saturday on the lawn in front of Drinko Hall for a tailgate prior to the Ohio State vs. Toledo game. In addition to sharing laughs and enjoying great food, the crowd enjoyed a musical performance by the OSU Alumni Men’s Glee Club. Then, it was off to a nail-biter of a game at Ohio Stadium, with the Buckeyes clinching a 27-22 victory over the Rockets.
Top row: Jennifer Sostaric ’91 and Jennifer Schwartz ’91; Edward Whipps ’61 and Marty Whipps; Ronald Katila ’63 and Ann Byrd; Bottom row: Rollind Romanoff ’61, Alie Ronanoff, and guests; Beth Finnerty ’91, guest, Mary Boyer, and Sharon Jennings ’91; Gwen Silverberg Callender ’91, Jeff Callender, and John Ryerson ’91; Megan Bailey ’06, Amber Merl ’06, and Jessica Oldham ’06 64 | Moritz College of Law
2011 ALUMNI AWARD RECIPIENTS 2011 Distinguished Alumnus Award A lec W i g htman ’ 7 5
2011 Distinguished Jurist Award J ustice Paul E . P feifer ’ 6 6
2011 Community Service Award Daniel P. M c Q uade ’ 6 7
2011 Public Service Award K elly S chneider ’ 9 6
2011 Outstanding Recent Alumni Award H ope S harett ’ 0 3 and A nthony S harett ’ 0 2
New York & New Jersey Alumni Event New York and New Jersey area alumni were invited to a reception on May 23, 2011 at the CBS Broadcast Center. The event was hosted by Erin Moriarty ‘77, CBS News Correspondent, 48 Hours Mystery. Attendees were treated with an exclusive tour of the CBS Evening News newsroom.
Jeff Kaplan ’76, Ohio State’s vice president of development
Margretta Jeffers Bowen ’76 and Suzan Barnes Thomas ’72
Megan Marie St. Ledger ’07 and Jennifer M. Storipan ’07
Chad Eggspuehler ’08 and Nicholas Carl Kamphaus ’08
Erin Moriarty ’77 gives alumni and guests studio tour
Jeff Kaplan ’76, Erin Moriarty ’77, and Dean Alan Michaels
4 66 | Moritz College of Law
Cleveland Alumni Event Cleveland-area alumni of The Ohio State University Moritz College of Law were invited to a reception on June 21, 2011 at the Cleveland Botanical Garden.
The Honorable Janet Burnside ’77 and Bill Leahy ’68
Lisa Jones ’07 and Dean Alan Michaels
Dean Alan Michaels
Geoffrey Goss ’08 and Brian Ray ’01
Nouvelle L. Gonzalo ’09 and Cybele E. Smith, Moritz career services office
Nonprofit Org. U.S. Postage PAID Columbus, Ohio Permit No. 711
Moritz College of Law Drinko Hall 55 West 12th Avenue Columbus, OH 43210-1391 moritzlaw.osu.edu
The Ohio State University
Moritz College of Law
Auction and Gala Public Interest Law Foundation
Tuesday, March 6, 2012 Ohio Union Come bid in both a live and silent auction on a variety of exciting items. All money raised is dedicated to the PILF mission of promoting public service and providing fellowships to students who spend a summer working in public interest and government jobs. PILF is currently collecting donations for the auction! Alumni can donate tickets to events, vacation rentals, career-focused lunches, or other tangibles â€“ ideas are welcome! Contact Jackie Hicks at firstname.lastname@example.org or Christine Donovan at email@example.com for more information.