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All Rise

THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF L AW

Access

CRISIS WHY IS REPRESENTATION LOW WHEN THE STAKES ARE SO HIGH?

INSIDE

n “The clinic gave me confidence.” n David Scott ’87 elected president of Sierra Club n

Student gives $250K to provide legal aid to veterans

SUMMER 2013


AR

Exposure

TODD CALLENTINE

Students and Professor of Law Steven F. Huefner discuss Legislation Clinic work in the halls of the Ohio Statehouse this spring.

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Dean’s Letter

Editors BARBARA PECK Chief Communications Officer peck.5@osu.edu MONICA DEMEGLIO Communications Coordinator demeglio.1@osu.edu

Contributing Writers T.K. BRADY Communications Writer CAITLIN ESSIG Communications Writer SARAH PFLEDDERER Communications Writer Design STUDIO 630 Studio630.net

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 address above. Letters may be edited. Diverse viewpoints are presented in this publication, and they do not necessarily reflect the official policies of the law school.

TODD CALLENTINE

Executive Editor GARRY W. JENKINS Associate Dean for Academic Affairs jenkins.434@osu.edu

In service to others n Ours is a profession of service and justice. We serve our clients, our communities, and the people. In the past decade, with the Great Recession and tightening budgets, it has become apparent that more people are being left behind, left to fight for justice on their own. In March, we marked the 50th anniversary of Gideon v. Wainwright, 372 U.S. 335 (1963), a landmark decision that established the right to counsel in criminal cases involving a felony. We have struggled as a country and as a profession to fulfill the promise of Gideon. We have not been successful in expanding that promise to civil cases, including ones involving parental rights, livelihoods, housing, and protective orders. In this issue, I hope you find inspiration. Our cover story describes the plight of those struggling with access to justice issues and efforts to address those needs, including the involvement of Moritz students and alumni. Some of our alumni have dedicated their professional careers to public service, while others have worked it into already busy schedules. Access to justice was the subject of a terrific conference co-hosted by two student organizations, the Ohio State Law Journal and the Public Interest Law Foundation, in partnership with the Ohio Legal Assistance Foundation, earlier this spring. As you read this issue, I hope that you will join us in celebrating the Moritz tradition of public service, supporting our campaign which includes initiatives aimed at strengthening public service opportunities and programming, and reaffirming the values of our profession. The College’s amazing clinical programs continually touch the lives of children, blossoming businesses, and those in need of representation. Each spring, our community comes together to raise money for our Public Interest Law Foundation, supporting students who spend their summers gaining hands-on legal experience while often representing the most vulnerable. Each year our graduating classes perform around 15,000 public service hours, and that does not include everything that we do. But, we plan to do more. Our strategic plan calls for the creation of a new Public Service Law Center, a dedicated space in Drinko Hall, which thanks to the generous support of Mike Finn ’67, will become a reality in 2014. The new Capt. Jonathan D. Grassbaugh Veterans Project will officially launch this year and provide service to Ohio veterans facing struggles that often only an attorney can resolve (see pages 26-29). We also received support for a new post-graduate fellowship focused on serving juvenile human trafficking victims funded by Greif Packaging Charitable Trust and a renewed prosecution fellowship supported by the Reinberger Foundation, which supports a recent graduate and four interns. Recent graduates also are serving as fellows in bankruptcy court and with the Wrongful Conviction Project. The access to justice crisis is real, and the legal needs of too many are unmet. Yet, I continue to be inspired by the ways this law school and its students and alumni fulfill our mission as a part of the solution.

Dean and Edwin M. Cooperman Professor of Law

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Contents SUMMER 2013

L WS

30

18

12th & High

18 Building Laws

Many and varied are the kinds of projects Moritz faculty have contributed their expertise to globally.

22 26

30

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T H E O H I O S TAT E U N I V E R S I T Y

New Faces

Three new dynamic professors join the College this fall.

Student, Donor, Inspiration

Rising 3L Jenna C. Grassbaugh is making a difference in the lives of fellow veterans in a personal way.

Storied Treasures

Sneak a peek inside the rare book collection at the Michael E. Moritz Law Library.

Features

38 Access Crisis

Courts nationwide struggle to meet need for representation in civil, criminal cases.

48

1 Degree, 10 Careers

They are journalists with J.D. degrees.


IN EVERY ISSUE

3 Dean’s Letter

Service is a cornerstone of the legal profession.

58

7

Notebook

21

Overheard in Saxbe

34

Faculty Q&A

Catch up on news from the College.

Speakers had much to say about legal and political flashpoints this spring.

Amy Cohen dishes about the

“supermarket revolution” and its effects on developing countries.

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38 52

58

64

In Print

Ruth Colker tackles the

Individuals with Disabilities Education Act in her latest book.

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Alumni Profiles

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Alumni Notes

All Rise tells the stories of David Scott ’87, Raj Malik ’98, and Mary Mertz ’02.

Discover what is new with alumni around the world.

Clinic Tales

From jury trials to negotiations, students learn important lessons through Moritz clinics.

The Bridge Builder

One-time immigrant Juan Lozada-Leoni ’04 heads up international law and legal engagements for the U.S. Army.

Exit Interviews

Six members of the Class of 2013 discuss future plans.

“The sale (to Google) would not have happened without the introduction made by a longtime friend from Ohio State law school.” – Raj Malik ’98 Moritz College of Law | S U M M E R 2 0 1 3

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Remember the person who gave you your start?

Be that person. Hire a Moritz grad.

Whether you are looking to hire or want to pass along a job opening in your office, turn to the Career Services Office at The Ohio State University Moritz College of Law. Our staff is able to assist with your hiring needs and can set up interviews with our students on campus, via Skype, and by other means. Learn more at moritzlaw.osu.edu/careerservices or contact the office directly at (614) 247-7805.


Notebook PEOPLE

• PROMOTIONS

HONORS

EVENTS

• QUOTES

NEWS

AND MORE

Banner year for Moot Court Program arguments before a panel of practicing attorneys. The team was coached by Assistant Dean for Academic Affairs Monte Smith ’90.

n It was one of the best years ever for the Moot Court Program at The Ohio State University Moritz College of Law, with students bringing awards home to Columbus from 12 of the 15 moot court, trial, and negotiating competitions they participated in across the country. The honors and accolades included a national championship team at the oldest moot court competition in the United States and a national best advocate award. The strong showing from Moritz teams earned the school an invitation to the 2014 Andrews Kurth Moot Court National Championship, which will be held Jan. 22-25 in Houston. The championship invites the 16 top-ranked programs from the previous academic year to compete in one national championship showdown. “I am incredibly proud of our teams and coaches. They all put in way more work than they got credit for, and it’s so

nice to see them rewarded with all these honors,” said Elizabeth Sherowski ’96, the College’s moot court program coordinator. “But the best part is that they’re not just winning, they’re also learning. The skills these students learned and developed in Moot Court are skills that they will use throughout their legal careers.” The following is a recap of the 2012-13 Moot Court Program’s achievements: • The Constitutional Law Team, composed of Ariel Brough ’13, rising 3L Jim Saywell, and Whitney Siehl ’13, was crowned national champion at the Sutherland Cup Moot Court Competition in March. The Sutherland Cup is the oldest national moot court competition in the U.S. It is an appellate advocacy competition focusing on constitutional law. Teams must submit a brief and deliver oral

• Nikki Trautman Baszynski ’13 was declared “National Best Advocate” at the 36th Annual American Bar Association National Appellate Advocacy Competition in April. This was a “truly spectacular accomplishment,” said coach Christopher M. Fairman, the Alumni Society Designated Professor of Law. Moritz was one of only two schools to have the distinction of fielding two teams at the national finals. Its ABA Grey team consisted of Jason Grenell ’13, Caitlin Murphy ’13, and Kristine Murphy ’13. The ABA Scarlet team consisted of Baszynski, Ashley Johns ’13, and Christina Karam ’13. In addition to winning “National Best Advocate,” students brought home hardware for both teams being regional champions; for the ABA Scarlet as a national semifinalist; for the ABA Scarlet for fourth-place in “Best Brief”; for Baszynski as eighth-place “Best Advocate” from the Boston regional and second-place “Best Advocate” from the national preliminary rounds; and for Johns as 10th-place “National Best Advocate.” • Rising 3Ls Gus Lazares and Katie Wallrabenstein finished as quarterfinalists in the 2013 National Trial Competition in April. More than 115 law schools and 200 student trial teams participated in the competition, which was established in 1975 to encourage and strengthen students’ advocacy skills.

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Notebook • Rising 3L Lisa Herman and Alyssa Staudinger ’13 were national semifinalists in the Wechsler Criminal Law Moot Court Competition in March. Herman was named “Best Advocate,” and the duo’s brief won the “Best Brief Award.” They were coached by Douglas A. Berman, the Robert J. Watkins/ Procter & Gamble Professor of Law. • Amanda Parker ’13 tied for the “Best Mediator” award at the Great Lakes Mediation Tournament in March. • The Labor and Employment Law Moot Court Team of Holly Coats ’13, Justin Joyce ’13, and rising 3L Matt Strayer advanced to the octo-final rounds of the 37th Annual Robert F. Wagner Labor and Employment Law Moot Court Competition in March. Strayer came in second for “Best Oralist” in preliminary rounds. • The Corporate Law Team was a national quarter-finalist at the Ruby R. Vale Interschool Corporate Law Moot Court Competition in March. The team consisted of Emily Farinacci ’13 and rising 3Ls Jenna Grassbaugh and Christopher Pendleton, who were coached by Paul Rose, associate professor of law. • The team of rising 3L Benjamin Duval and Luke Fedlam ’13 were awarded “Best Draft” during a regional competition

of the 2013 National Transactional LawMeet in February. The National Transactional LawMeet provides an opportunity for a “moot court” experience for students interested in a transactional law practice. Students from 12 law schools negotiated over their draft amendments and markups to a stock purchase agreement. Duval and Fedlam were coached by Dale A. Oesterle, the J. Gilbert Reese Chair in Contract Law. • The Sports Law Team, consisting of Fedlam and rising 3L Brittany Pace, reached the national quarter-finals at the Tulane Mardi Gras Sports Law Invitational in February. Fedlam received the “Honorable Mention Best Advocate” award. The team was coached by Jameel Turner ’04, a sports and entertainment law attorney at Bailey Cavalieri LLC. • Rees Alexander ’13, Andrea Green ’13, and Justin Tillson ’13 were regional champions in the National Moot Court Competition sponsored by the New York City Bar Association and advanced to national finals in February. Alexander won the “Best Advocate Award.” They were coached by Mary Beth Beazley, associate professor of law and director of legal writing. • Amanda Barrera ’13, Jacqueline Hicks ’13, Amanda Parker ’13, and rising 3L Keith

Darsee competed in the American Bar Association’s Representation in Mediation Regional at Faulkner University School of Law in February. The teams were coached by Marya Kolman, director of mediation services for the domestic relations and juvenile courts in Columbus and an adjunct professor at Moritz, and Dottie Painter ’96, an attorney and mediation specialist in Columbus.

• The 21st Annual Herman Moot Court Competition, an intramural competition at the Moritz College of Law, featured 2L competitors who argued Maryland v. King, a case before the United States Supreme Court which considered whether warrantless collection of an arrestee’s DNA constitutes a Fourth Amendment search. Rising 3Ls Saywell and Brodi Conover were awarded “Best Brief” and “Best Overall,” respectively, and “Best Oralist” was awarded to rising 3L Colin Kalvas. Sherowski reiterated that alumni support is a crucial part of the moot court program’s overall success: “The Moot Court Program runs on food, coffee, and the efforts of hundreds of volunteer judges. We always welcome any alumni who would like to participate as a judge or coach in our program.” To volunteer, contact her directly at sherowski.2@osu.edu. – Monica DeMeglio

3L receives OSBA Environmental Law Award n Dylan Borchers ’13 has been awarded the Ohio State Bar Association Environmental Law Award for a paper he submitted titled “Electric Aggregation and the Story of Ohio’s Move to Competitive Retail Electric Markets.” Borchers’ paper provides an overview and analysis of electric aggregation in the context of Ohio’s restructuring of its of retail electric markets. The OSBA Environmental Law Committee issued a call for papers that advance the application and practice of environmental, energy, or resources law in the state of Ohio. In addition to the award, the winner receives a prize of $1,000, sponsored by McMahon DeGulis LLP. The award was announced at the Annual OSBA Environment, Energy and Resources Law Seminar and was published in the seminar materials. – Monica DeMeglio

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Notebook BY THE NUMBERS

Diversity award goes to Moritz student n Nikki Trautman Baszynski ’13 was named a recipient of the 2013 Distinguished Diversity Enhancement Award, a University-wide award that recognizes individuals or units that have demonstrated a significant commitment to enhancing diversity at The Ohio State University. During her time at the Moritz College of Law, Baszynski has broadened the cultural horizons of her peers by bringing diversity issues to the forefront of her law school experience. Specifically, she helped lead the initiative for the student group SPEAK, which aims to enhance diversity and create an open dialogue about diversity issues across Moritz. SPEAK became a group project in Professor Nancy H. Rogers’ Dispute System Design workshop during the 2011-12 academic year and has since then grown into a dispute system students hope will affirm identity, build community, and cultivate leadership. This is the fourth consecutive year that the Distinguished Diversity Enhancement Award has celebrated the Moritz community. In 2012, the student-led group OutLaws was recognized for its efforts in promoting awareness and understanding of legal issues affecting the gay, lesbian, bisexual, and transgender communities. Professor Vincene Verdun and Associate Dean for Admissions Kathy Northern were presented with the award in 2011 and 2010, respectively. Ruth Colker, the Distinguished University Professor and Heck Faust Memorial Chair in Constitutional Law, received the honor in 2002. – Monica DeMeglio

Moritz, Vorys partner for CLE series on appellate law The Ohio State University Moritz College of Law and law firm Vorys, Sater, Seymour and Pease LLP have launched a continuing education series for attorneys interested in appellate law. The Appellate Strategies and Perspectives CLE series provides attorneys with practical tips and tools, an analysis of emerging trends and issues in the field, and a judicial viewpoint on the practice. The first of three sessions was held on April 4, and the second will be held Aug. 29. In each session, practitioners in the field will discuss how to achieve success and avoid pitfalls at various stages of an appeal. Then, a panel of academics and legal observers speak on contemporary issues affecting appellate practice. Finally, current or former judges offer their perspective on the previous two topics or other areas of appellate practice. For more information on the series, consult vorys.com/f-78.html – Monica DeMeglio

Hooding

32 16,542

Graduates comprised the class of ’13 a century ago.

Hours of pro bono service performed by the Class of 2013.

650

Number of minisandwiches ordered for a reception in Drinko Hall following the May 10 Hooding Ceremony. Also served: 20 gallons of punch, 600 bruschetta, 500 mini-cookies, and 750 chocolatedipped strawberries.

1,027

Hours today’s law student spends in class to earn the 88 credits needed to graduate.

238

The total number of graduates in the Class of 2013, which included 223 J.D. graduates, 14 LL.M. graduates, and 1 M.S.L. graduate.

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Notebook

Note on gerrymandering wins Burton Award n In a June ceremony at the Library of Congress, Noah Litton ’13 received acclamation for a note he published in the Ohio State Law Journal. The prestigious Burton Awards were established in 1999 to celebrate achievements in law, ranging from legal writing to reforms in law. Litton is a 2013 recipient of the Burton Award for Distinguished Legal Writing for his note “The Road to Better Redistricting: Empirical Analysis and State-Based Reforms to Counter Partisan Gerrymandering.” Law schools are only allowed to submit one entry, and Litton’s was one of only 15 student submissions to be recognized nationwide. He accepted the award at a black-tie event in Washington, D.C. before an audience of 500 guests. Dignitaries included many of the managing partners and partners of the largest law firms in the United States, judges, law school deans, and professors from across the nation. “It was a real honor to represent

“I’m a big believer in ‘structural reforms’ to get at the heart of what stands in the way of progress.” The Ohio State University. This school has done so much for me throughout my educational pursuits,” Litton said. “I am just happy to make good in some

small way.” His note focuses on the flaws of redistricting using the current partisan system. He suggests reform in the method of establishing nonpartisan redistricting commissions to halt gerrymandering by using “a combination of citizen participation and legislative endorsement of proposed district maps.” Litton argues that “constitutional advances” should be made to guide states when selecting mapmakers and drawing district lines. He says reform must come at the state constitutional level and analyzes which type of gerrymandering is most successful – settling on nonpartisan gerrymandering. “I’m a big believer in ‘structural reforms’ to get at the heart of what stands in the way of progress,” he said. “Nonpartisan redistricting is a perfect example of a structural reform that would go a long, long way toward fixing a whole host of policy issues and challenges we face as a society.” – Caitlin Essig

Professor’s work selected for Top 10 Corporate and Securities Articles

“Delaware’s attractiveness to merging parties has increased in recent years.”

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An article by Steven M. Davidoff, professor of law and finance at The Ohio State University Moritz College of Law, has been selected as one of the Top 10 Corporate and Securities Articles of 2012 by Corporate Practice Commentator. Those who teach corporate and securities law were asked to select the best articles from a list of more than 550 articles published and indexed in legal journals during 2012. The article Davidoff co-authored with University of Notre Dame Professor Matthew D. Cain, “Delaware’s Competitive Reach,” was published in the Journal of Empirical Legal Studies. Davidoff and Cain examined Delaware’s ability to retain corporate litigation. They evaluated the selection of governing law and forum clauses in 1,020 merger agreements between public firms from 2004-2008 and found, as stated in their abstract, “that Delaware’s attractiveness to merging parties has increased in recent years.” “Parties appear to respond to exogenous events, evidenced by the fact that top-tier legal advisors, foreign acquirers, transactions surrounded by greater financial uncertainty, and larger transactions tend to select Delaware’s forum over other venues,” they wrote. – Monica DeMeglio


Notebook

Clinic students win awards in business competition Students in the Entrepreneurial Business Law Clinic at the Moritz College of Law took top awards in a business project competition hosted by the Fisher College of Business. Nickolas Davidson ’13, David Hodapp ’13, rising 3L Ryan Harmanis were among the more than 100 students who competed in ProjectOne, a project-based learning competition sponsored by Huntington Bank last fall. Students work in teams on consulting projects and present their findings during the competition. Hodapp was voted “Best Presenter.” Davidson and Harmanis’ team was judged the top team in its small-project competition. – Monica DeMeglio

Trustees approve promotions, appointment n The Ohio State University Board of Trustees has approved the promotion of Amy J. Cohen and Steven M. Davidoff to the rank of professor, effective Sept. 1, and the appointment of Sharon L. Davies to the Gregory H. Williams Chair in Civil Rights and Civil Liberties. Cohen is a cross-disciplinary scholar who studies informal and formal dispute resolution, competing ideologies of law and international development, and the economy of food. She joined the Moritz faculty in 2004 and has been affiliated with the Mershon Center for International Security Studies since 2006. Davidoff’s research focuses on financial regulation, hedge funds and private equity, mergers and acquisitions, deals and deal theory, and jurisdictional competition. Davidoff, who came to Moritz in 2011, also has an interest in

interdisciplinary research and holds a joint appointment in the Department of Finance at the Fisher College of Business. He has been named one of the 100 most influential governance professionals by the National Association of Corporate Directors. Davies, who formerly was the John C. Elam/Vorys Sater Professor of Law, became the Gregory H. Williams Chair in Civil Rights and Civil Liberties, effective July 1. The chair supports a faculty member whose teaching, research, and public service are nationally recognized in the fields of civil rights and civil liberties. In addition to teaching at the law school, Davies is the director of the Kirwan Institute for the Study of Race and Ethnicity and has emerged as a national voice on matters of racial justice. – Monica DeMeglio

Second annual M&A roundtable held in New York City n Law and Capital Markets @ Ohio State and Kirkland & Ellis LLP held their second annual Mergers & Acquisitions Roundtable over May 14-15, covering “The State of Play in Mergers” and “Corporate Governance and Shareholder Activism” in two sessions. The 2013 M&A Roundtable brought together more than 60 scholars and industry leaders to New York City to discuss important mergers and acquisitions and related topics. To facilitate an open and vigorous exchange of ideas, the roundtable was private, and proceedings were off-the-record. Faculty from The Ohio State University Moritz College of Law who participated in the second annual roundtable were Steven M. Davidoff, executive director of the Law and Capital Markets @ Ohio State program; Paul Rose, associate professor of law; and Donald B. Tobin, associate dean for faculty and the Frank E. and Virginia H. Bazler Designated Professor in Business Law. Law and Capital Markets @ Ohio State is a nonpartisan program at The Ohio State University Moritz College of Law that aims to further the study of global capital markets and corporate law by linking the knowledge of scholars, industry professionals, and policymakers to stimulate new ideas, support research, and foster networks. – Monica DeMeglio

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Notebook

Staff member elected NALP director n Cybele Smith, director of public service and public interest programs at The Ohio State University Moritz College of Law, has been elected as a board of director of the National Association of Law Placement (NALP). “Selection as an NALP director is a very important service, at the heart of the national legal employment market, and a highly significant professional recognition,” Dean Alan C. Michaels said “We will be both proud and benefited by Cybele’s service.” Smith advises students interested in public interest and government sector jobs, honors programs, and fellowships at the College. She also coordinates the judicial clerkship application process and serves as coordinator of the Loan Repayment Assistance Program. – Monica DeMeglio

“We will be both proud and benefited by Cybele’s service.” — Dean Alan C. Michaels

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Journal celebrates its 10th anniversary n It is what one Harvard Law School As editor in chief of the journal for the professor has described as the “criminal 2013-14 academic year, rising 3L Hari Sathappan summed up his feelings about law journal of first choice among scholars.” The Ohio State Journal of Criminal Law the experience when answering a queswrapped up its 10th year of publication tion from a 1L about which journal would this spring. In reflecting on the journal’s look most impressive on one’s resume. impact over the last decade, faculty editor “Journal is not a line on a resume. It’s an opportunity. It’s an opportunity to Joshua Dressler, the Frank R. Strong influence the legal discussion. I chose Chair in Law, pointed to citations in two the Ohio State Journal of Criminal Law United States Supreme Court opinions because it would be the best opportunity and articles written by top-level criminal for me,” Sathappan said. “Within a week justice scholars in the U.S., Canada, U.K., of being a staffer, Rees (Alexander Germany, and New Zealand, to name a few. ’13, the previous editor in chief ) U P D A T E asked me to write an article about “Judges at the federal and state levels, including federal Circuit synthetic drugs for our online Court Judge Richard Posner, have blog. OSJCL was an opportunity published with us, as well as practitioto be heard.” ners,” Dressler said. “We all – the Moritz Leading the journal in the coming year criminal law faculty and OSJCL students is just one more opportunity Sathappan – have a lot to be proud of, I think.” relishes: “It’s a privilege and one of the Unlike almost all law school journals, only things I will willingly, openly, and the Ohio State Journal of Criminal Law is proudly brag about. And just like it has jointly edited by students and faculty. In already given me opportunities and will addition to Dressler, other faculty editors continue to, I want to make sure my staffinclude Dean Alan C. Michaels, the Edwin ers this year (and in years to come) have as many opportunities as possible.” M. Cooperman Professor of Law; Douglas Alumni of the journal are invited to A. Berman, the Robert J. Watkins/Procter return to campus on Sept. 28 to celebrate & Gamble Professor of Law; and Professor and reminisce during a tailgate prior to of Law Ric Simmons. the Ohio State-Wisconsin football game. “Starting the journal, and working with – Monica DeMeglio the students, has allowed me (and the other faculty editors) the opportunity to get to know our students better and, To register for the Sept. 28 tailgate, perhaps, mentor them as future profesvisit moritzlaw.osu.edu/alumni/ sionals,” Dressler said. events/tailgates.


Notebook

University honors Moritz professors n Two professors at the Ohio State University Moritz College of Law were recognized this spring with University-wide awards honoring their contributions in the classroom and in scholarship. Sarah Rudolph Cole, the John W. Bricker Professor of Law, received the 2013 Alumni Award for Distinguished Teaching. Recipients are nominated by present and former students and colleagues and are chosen by committee. Only 10 are honored each year from a faculty pool of more than 8,000 professors. Teaching primarily in the area of alternative dispute resolution, Cole also has taught Torts, Remedies, and Administrative Law. In 2006, she became the director of Program on Dispute Resolution, a leading program in the nation. Cole is the co-author of Mediation: Law, Policy and Practice, the leading treatise in the field of mediation, and Dispute Resolution: Negotiation, Mediation and Other Processes. “Sarah is not only an exceptional scholar and fantastic leader for our Program on Dispute Resolution, but a phenomenal teacher in the classroom and in exchanges with her students. She brings to her lessons a wealth of practical experience that benefits our students,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law.

Ohio State also recognized the scholarly accomplishments of Martha Chamallas, the Robert J. Lynn Chair in Law, with the University’s Distinguished Scholar Award. Established in 1978, the award recognizes senior professors who have compiled a substantial body of research. Chamallas is a leading scholar in a number of fields, including torts, employment discrimination law, and legal issues affecting women. She is the author of three books and more than 40 articles and essays in law journals. She is a member of the American Law Institute, Torts Consultative Group, and has participated on Gender and Race Bias Task Forces for the states of Iowa and Pennsylvania. At the Moritz College of Law, she teaches Torts, Employment Discrimination, and Gender and the Law. Chamallas has also testified before the U.S. House of Representatives Committee on the Judiciary. Her research is cited frequently by attorneys and judges, demonstrating that her scholarship has practical applications in the field of law. “Professor Chamallas is also extremely highly regarded in the academic community. She is one of the nation’s leading experts on feminist legal theory, and her treatise on that subject, now in its third edition, is a ‘must have’ volume in the field,” Michaels said. – Monica DeMeglio

CBA honors Moritz faculty, alumnus

The Columbus Bar Association presented the Liberty Bell Awards to two professors at The Ohio State University Moritz College of Law in June and recognized an alumnus for his long-time service. Professor Michelle Alexander and Sharon L. Davies, the John C. Elam/Vorys Sater Professor of Law and director of the Kirwan Institute for the Study of Race and Ethnicity, received the award. According to the organization’s website, the award recognizes the recipient’s “leadership and dedication to the principles of our democratic system of government

by law” and identifies the recipient as one “who promotes the general welfare and secures the blessing of liberty to ourselves and our posterity.” Additionally, the Columbus Bar Association honored alumnus Frank A. Ray ’73 with the Bar Service Medal for his long history of distinguished service to the organization. It is the highest honor accorded by the Columbus Bar Association, according to the group’s website. Ray, principal of Frank A. Ray Co., L.P.A., has practiced in Columbus for 40 years in civil litigation and appellate matters. – Monica DeMeglio

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Notebook

Professor Amy J. Cohen has been selected as a Radcliffe Institute Fellow for the 2013-14 academic year. This extremely competitive program provides a one-year fellowship at the Radcliffe Institute for Advanced Study at Harvard University and supports outstanding research projects in a variety of disciplines. Cohen will work on a project that examines what is at stake when developing countries regulate their food markets around the imperatives of large supermarket chains. (For more on this topic, see her Q&A on Pages 34-35.) “This is a tremendous recognition for Amy and will provide her with an opportunity to focus on this very important research,” said Alan C. Michaels, dean and Edwin M. Cooperman Professor of Law at the Moritz College of Law. “It will be exciting to see the scholarship that emerges and for her to bring this experience back into the classroom after the fellowship is complete.” At Moritz, Cohen teaches property, international dispute resolution, law and development, and mediation. She also has been a visiting professor at the University of Turin, Italy, Faculty of Law. At Ohio State, she is affiliated faculty at the Mershon Center for International Security Studies and the Food Innovation Center. – Barbara Peck

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JAY MALLIN

Professor named Radcliffe Institute Fellow

Moritz College of Law professors Paul Rose and Christopher J. Walker, fellows with the Law and Capital Markets @ Ohio State program, presented “The Importance of Cost-Benefit Analysis in Financial Regulation” in Washington, D.C. in March.

U.S. Chamber of Commerce receives cost-benefit analysis of regulation n The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness (CCMC) released a report written by Moritz College of Law professors Paul Rose and Christopher J. Walker titled “The Importance of Cost-Benefit Analysis in Financial Regulation.” They found that while regulators sometimes fail to use cost-benefit analyses appropriately, financial regulation grounded in rigorous, transparent, analytical standards is not only more efficient and effective, but is required by law. “Financial regulators, especially in the context of Dodd-Frank, can and should ground their rulemaking in robust cost-benefit analysis in order to arrive at more rational decision-making and efficient regulatory action as well as to promote good governance and democratic accountability,” Rose and Walker wrote in the report. “The SEC’s experience with cost-benefit analysis, both in court and also in practice,

provides an important lesson for other financial regulators.” The report recommends that all financial regulators should use a broader and wider application of cost-benefit analyses to better protect consumers and investors while promoting more efficient markets. Rose and Walker are both fellows with the Law and Capital Markets @ Ohio State program, which aims to further the study of capital markets and corporate law, to enhance their regulation and operation. Rose and Walker presented their findings to the CCMC in March at an event held in Washington, D.C. Since its inception in 2007, the center has led a bipartisan effort to modernize and strengthen the outmoded regulatory systems that have governed capital markets, working aggressively with the administration, Congress, and global leaders to implement reforms. – Barbara Peck


Notebook

Class of 2013 selects faculty, staff awards n Professor Rick Daley ’78 and Monte Smith ’90, assistant dean for academic affairs, were honored by the Class of 2013 as the Morgan E. Shipman Outstanding Professor and Outstanding Staff Member, respectively.

Notable Quotables “Money is not the only thing that matters. While some of the I.R.S. questions may have been overbroad, you can look at some of these groups and understand why these questions were being asked.” – Donald B. Tobin in The New York Times

Daley is a senior lecturer in law with 30 years of experience as a practicing attorney. He enjoys preparing students for the time when they leave the “law school bubble” and enter the legal profession. He teaches courses in real estate development law, commercial leasing, and drafting business contracts. He is the author of Real Estate Development Law and a supporting Teacher’s Manual on Real Estate Development Law.

This is the fifth consecutive year that the graduating class at Moritz has selected Smith as Outstanding Staff Member. Smith was an associate for Jones Day in Columbus before spending 14 years as a clerk for the Honorable Sandra S. Beckwith and the Honorable Mark R. Abel ’69 in the U.S. District Court for the Southern District of Ohio. Smith oversees or participates in academic advising, registrar’s office operations, Mentoring and More @ Moritz, the judicial externship program, clerkship advising, and moot court activities. He also teaches Legal Writing and Analysis, Civil Procedure II, and Appellate Advocacy. – Monica DeMeglio

“There is generally a rule that you have to have some evidence that a homicide was committed, so the mere testimony of the women may not be sufficient.” – Katherine Hunt Federle in TIME Magazine discussing the possibility of murder charges for a Cleveland kidnapping suspect for termination of a pregnancy

“The prosecution’s case is as good right now as it is ever going to be, and the defense is just getting revved up.” – Douglas A. Berman in the National Journal discussing a possible plea bargain for the Boston Marathon terrorist suspect

$27K raised for PILF Despite a threatening forecast of 6 inches of snow, almost 300 people turned out for the annual Public Interest Law Foundation Auction on March 5, raising more than $27,000 to support students engaged in public interest employment over the summer. The auction held at the Ohio Union included gift cards and baskets, dinners with faculty, a vacation stay in the Moritz family’s South Carolina condo, tickets to sporting events and theme parks, and signed sports memorabilia. Missed the auction but would still like to support PILF? Please visit giveto.osu.edu/moritz, and make a contribution to fund No. 309379. – Monica DeMeglio

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Three to become emeritus faculty n Professor John B. Quigley stood in front of his peers at an end-of-year luncheon, sighed deeply, and then regaled them for the next 10 minutes with stories of what the Moritz College of Law was like when he arrived in 1969 and how different the law school is in 2013 – the year he joins the ranks of emeritus faculty at the College. Quigley, the President’s Club Professor of Law, and associate professors Vincene Verdun and Charles E. Wilson retired from being full-time faculty this spring. However, they will remain active in the classrooms of Drinko Hall, teaching courses as emeritus faculty members.

Quigley joined the Ohio State law school faculty in 1969. While he taught a variety of courses during his first 44 years at Moritz, he focused mostly on international and comparative law. In 1995, he was recipient of The Ohio State University Distinguished Scholar Award. “It’s really improved recently, and by that, I mean the last 20 or 30 years or so.”

Student’s op-ed featured on CNN

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Verdun arrived at Moritz in 1988, focusing her research on critical race theory, including reparations to African-Americans. She taught Business Associations, Legal Methods, Critical Race Theory, Remedies, Commercial Paper, and Critical Race Narratives. In 2011, she won the University’s Distinguished Diversity Enhancement Award, recognizing her significant commitment to enhancing diversity at Ohio State.

Derek Clinger, a rising 3L at The Ohio State University Moritz College of Law, was a featured author on the website for the CNN show Global Public Square with Fareed Zakaria, regarding his opinions on the current corruption crisis in Egypt. His op-ed piece, “Egypt’s corruption woes,” focuses on comparing President Mohamed Morsi’s administration to the former regime. Clinger explains that while much of the major corruption in the government seems to have died down, “low-level corruption” is proving to be a serious issue. Upper-level members of the government are also accused

Wilson joined the Moritz faculty in 1981, teaching Labor Law, Advanced Labor Law, Employment Law, Legal Negotiation and Settlement, Civil Procedure, Evidence, and Education Law. He has served on several University committees, including the Athletic Council most recently. – Monica DeMeglio

of political kickbacks and cronyism. The piece began as a memo assigned to Clinger by Sahar Aziz at the EgyptianAmerican Rule of Law Association, where he interned. The organization’s goal is to improve governmental transparency and accountability in Egypt. “I had no expectation it was going to be considered for (CNN),” said Clinger, who earned his undergraduate degree in Middle Eastern Studies from Ohio State. “It was a nice surprise.” In five days, the piece was tweeted more than 50 times and recommended to more than 200 users on Facebook. – T.K. Brady


Notebook

Transactional Lawyering to be introduced fall semester n Feared and beloved, Appellate Advocacy has been one of the unforgettable and quintessential law school experiences for 2Ls at the Moritz College of Law for the last three decades. Now, a new professional skills course is entering the scene: Transactional Lawyering. The new class debuts this fall as a result of the College’s recent expansion of the legal writing and professional skills course offerings. The faculty knows students have a variety of career interests and wanted to create a class focused on transactional professional skills, explained Garry W. Jenkins, professor and associate dean for academic affairs. Appellate Advocacy is a litigation-based professional skills class in which students write a brief on a case before the Supreme Court of the United States. It’s a rigorous experience in research and writing. At the end of the semester, they present an argument. The course is taught by a full-time faculty member in conjunction with practicing attorneys who also engage with students as supporting adjunct faculty members. The research, writing, and teaching model in Transactional Lawyering will be similar, but students instead will focus on guiding a fictitious business through a complicated transaction. They will make a formal presentation summarizing the transaction and their findings to the client or a more senior lawyer at the end of the semester. The presentation will be interactive, with questions coming from the “We continually audience. are enriching the “We continually are enriching the curcurriculum here riculum here at Moritz. Although the skills developed in App Ad are transferrable to a at Moritz...If this variety of careers, the faculty determined year’s pilot goes well, that Transactional Lawyering would provide we hope to open students with a similar opportunity to focus additional placements on sophisticated writing, complex legal analysis, and legal practice skills in a transnext year.” actional setting,” Jenkins said. “If this year’s pilot goes well, we hope to open additional – Garry W. Jenkins, professor and associate dean for academic affairs placements next year.” Forty students are taking the first offering of Transactional Lawyering, which will be taught by Professor Todd Starker ’07, who regularly teaches Legal Analysis and Writing. Prior to joining the Moritz faculty, he practiced at Squire, Sanders & Dempsey LLP, representing clients in corporate, real estate, and financing transactions ranging from the hundreds of thousands of dollars to several billion dollars. – Monica DeMeglio

Save the Date: Homecoming/Reunion Weekend All alumni are invited to return to campus Oct. 18-20 for Homecoming/Reunion Weekend. Classes celebrating anniversaries this year are 1963, 1968, 1973, 1978, 1983, 1988, 1993, 1998, 2003, and 2008.

Professor comes to aid of U.S. Sentencing Commission n Professor Douglas A. Berman is known nationally as an expert on sentencing law, which is precisely why the U.S. Sentencing Commission asked him for a favor earlier this year in the wake of its own website being dismantled by hackers. Would Berman mind publishing the commission’s new report on federal sentencing on his own blog? The Sentencing Law and Policy blog maintained by Berman, the Robert J. Watkins/Procter & Gamble Professor of Law at The Ohio State University Moritz College of Law, has garnered more than 7.2 million page views since 2004. It is a resource for journalists, scholars, and even the U.S. Supreme Court. Berman did publish the U.S. Sentencing Commission’s report on Jan. 31, which found great discrepancies in sentences given to men of different races. Berman’s efforts caught the attention of the mainstream media, including The Wall Street Journal.– Monica DeMeglio

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Professors lend expertise, skill to establishing uniform laws, restatements BY MONICA DEMEGLIO n From soldiers casting ballots from Afghanistan to two parties negotiating freely via a long-distance telephone call, the leadership of faculty at The Ohio State University Moritz College of Law is having an impact. There is a long tradition of professors from the College serving the American Law Institute (ALI) and the Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL). Both bodies endeavor to improve laws across the U.S. and, in some instances, internationally. However, their approaches often are different. “NCCUSL puts a premium on developing a uniform law that can be enacted as widely as possible. If that’s not possible, they try to produce a model law that’s still very much connected to the realities

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of the real world,” said Professor of Law Steven F. Huefner. “With ALI, the focus often is more on developing the ideal law, even if it’s more difficult to implement.” Huefner was the reporter for the ULC’s Uniform Military and Overseas Voters Act from 2009 to 2010. He is a senior fellow at Election Law @ Moritz who has co-authored books about election administration with colleagues at Moritz. Being asked to serve as a reporter is a prestigious honor, denoting one’s expertise in a particular field. The position itself requires possibly committing years to researching laws across a number of states and working closely with a drafting

“With ALI, the focus often is more on developing the ideal law, even if it’s more difficult to implement.” – Steven F. Huefner, Professor of Law


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Contributing across fields Many and varied are the kinds of projects The Ohio State University Moritz College of Law faculty and alumni have contributed their expertise to globally. The following is a sampling of some of their work: FACULTY Martha Chamallas: Members Consultative Group, American Law Institute, Restatement (Third) of Torts: Liability for Physical and Emotional Harm, 2001-2010; Advisor, American Law Institute, Restatement (Third) of Torts: Intentional Torts to Persons, 2013-present Sarah Rudolph Cole: Academic Advisory Committee, Uniform Law Commission, Uniform Mediation Act, 1997-2001 Ellen E. Deason: Academic Advisory Committee, Uniform Law Commission, Uniform Mediation Act, 1998-2002; Reporter, Uniform Law Commission, Uniform Protection of Genetic Information in Employment Act, 2005-2011 Joshua Dressler: Members Consultative Group, American Law Institute, Model Penal Code: Sentencing, 2006-present; Members Consultative Group, American Law Institute, Model Penal Code: Sexual Assault and Related Offenses, 2012-present Christopher M. Fairman: Observer, Uniform Law Commission, Collaborative Law Act, 2007-2009 Edward B. Foley: Reporter, American Law Institute, Principles of Election Law, 2011-present Larry T. Garvin: Commissioner, National Conference of Commissioners of Uniform State Laws, 2005-present; Observer, Uniform Law Commission, Uniform Commercial Code Article 2, 1996-2003; Members Consultative Group, American Law Institute, Principles of the Law of Software Contracts, 2006-2010; Members Consultative Group, American Law Institute, Restatement (Third) of Restitution and Unjust Enrichment, 2006-2011; Members Consultative Group, American Law Institute, Restatement (Third) of Employment Law, 2006-present; Members Consultative Group, American Law Institute, Principles of Liability Insurance, 2010-present; Advisor, American Law Institute, Restatement (Third) of the Law of Consumer Contracts, 2012-present David A. Goldberger: Panel of Experts, Organization for Security and Cooperation in Europe (OSCE)/Organization for Democratic Institutions and Human Rights (ODIHR), Guidelines on Freedom of Assembly, 2006-present Sheldon W. Halpern: Members Consultative Group, American Law Institute, Restatement of the Law (Third) of Unfair Competition, 1989-1993 Steven F. Huefner: Reporter, Uniform Law Commission, Study Committee on A Uniform Military Services and Overseas Civilian Absentee Voters Act, 2008; Reporter, Uniform Law Commission, Uniform Military and Overseas Voters Act, 20092010; Associate Reporter, American Law Institute, Principles of Election Law, 2011-present Garry W. Jenkins: Observer, Uniform Law Commission, Protection of Charitable Assets Act, 2009-2011 Nancy Hardin Rogers: Commissioner, National Conference of Commissioners of Uniform State Laws, 1998-2006; Reporter, Uniform Law Commission, Uniform Mediation Act, 1998-2002 Joseph “Josh” Stulberg: Academic Advisory Committee, Uniform Law Commission, Uniform Mediation Act, 1997-2001

SELECTED ALUMNI Vincent P. Cardi ’67: Commissioner, National Conference of Commissioners of Uniform State Laws, 2003-present; Drafting Committee, Uniform Law Commission, Certificate of Title Act for Vessels, 2007-2011 Leon J. McCorkle Jr. ’72: Commissioner (Life Member), National Conference of Commissioners of Uniform State Laws, 1988-present; Chair, Uniform Law Commission, Certificate of Title Act, 2001-2006

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12th & High “NCCUSL did a good job of taking a messy and sometimes incoherent area and formulating it in a way that produced uniformity without rigidity.” – Larry T. Garvin, Lawrence D. Stanley Professor of Law

or advisory committee to produce one coherent statement of law or piece of legislation that could be enacted broadly. “Election law is a subject that had not previously lent itself to uniform law treatment because elections are conducted on such a local level,” Huefner said. “But when the ULC decided to undertake its project, the military and overseas citizen population, who are outside of their local voting state, faced this horribly complicated process of having to figure out from Iraq or Afghanistan what their absentee voting rules back home were.” Some states required a notary or another registered voter from the same state to be present when ballots were submitted – not an easy feat on a battle field. Plus, there are issues trying to get ballots to reach military units that are constantly on the move. U.S. citizens abroad also described a variety of difficulties voting in their home jurisdictions. “The drafting committee faced many complicated challenges,” Huefner said. Complicated situations are what the ULC and the ALI tackle though, explained Larry T. Garvin, the Lawrence D. Stanley Professor of Law. Garvin serves as one of Ohio’s members of the ULC and a member of its committee on the law of international electronic commerce. He also is an advisor to a number of ALI groups working on restatements of law, which are used by judges and, occasionally, legislative bodies. Garvin has observed and studied closely the greatest collaborative product produced by the ULC and the ALI: the Uniform Commercial Code. He describes

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it as the “crown jewel” for the commission because of its enactment in every state. Also, it’s a symbol of the continued partnership the commission has with the ALI. “NCCUSL did a good job of taking a messy and sometimes incoherent area and formulating it in a way that produced uniformity without rigidity,” Garvin said. For example, the law of secured transactions fixed problems businesses or other borrowers had when putting personal property in several states up for collateral when obtaining a loan. “The law was fragmented. You had to become an expert in the laws of various states,” he said. “You could not assume by filling a particular document in a particular state that you would be OK in every state thereafter. Does it matter which forms you fill out? Or how you describe what you’re doing?” It’s a problem that affects more than just commerce. Nancy Hardin Rogers, professor emeritus and a former member of the UCL, said some states had as many as 20 different statutes related to how confidential mediation processes were before the dispute resolution faculty at Ohio State joined with others calling for uniformity. When parties mediated over the phone or email, or when a dispute

was mediated in one state and litigated in another, which state’s law would apply? “It was beginning to be so difficult to determine what you could and could not say, that it looked like it was going to become an impediment to getting people to mediate,” Rogers said. “It was thought that a uniform act would have several positive effects, including a chance to assess what was and wasn’t working; to decrease the complexity within a given state when defining privilege across different applications of mediation; and to deal with multijurisdictional issues across states.” Moritz faculty, other legal scholars, and even the late Ohio Supreme Court Chief Justice Thomas J. Moyer ’64 conducted some careful negotiations themselves to ensure that the ULC and the American Bar Association would not work on mediation projects separate of one another. “There were so many approaches being taken that we might end up with two laws, which would then exacerbate the situation,” Rogers said. A subsequent conversation between members of both organizations resulted in a joint drafting committee. Today, 10 states and the District of Columbia have taken that model piece of legislation and enacted it. Rogers said, “We’ve also noticed in states that haven’t enacted it, the courts sometimes use it as a persuasive codification of the law and rely on it when their own laws are unclear. It’s very encouraging.” The hard work of drafting laws that are considered ideal and, hopefully, widely adoptable is exhilarating, Garvin said. “When you take part in a drafting committee, you are working with a lot of the best people in the country – if not the world – on the issues at hand. It is the best CLE available,” he said. “I have brought a lot back to my classes from these experiences, and I am a much better scholar and teacher than I would have been otherwise.” AR


Overheard IN SAXBE

“There’s a massive amount of eyeballs on the president from the inside and the outside.” – Jack Goldsmith, the Henry L. Shattuck Professor of Law at Harvard Law School, speaking about the presidency in the wake of the Sept. 11 terrorist attacks during his Democracy Studies Speakers Series talk, “National Security Checks and Balances,” on Jan. 28.

“The incentive structure is set up in such a way that being moderate is not really a good fit right now.”

“Even when the homicide rate is going up and down in America, the percentage of homicides committed with guns goes up steadily as the muzzle loaders are replaced by grease loaders.” – Randolph Roth, professor of history at The Ohio State University, giving his talk “Homicide in America: from Mass Murder to Spousal Killing, Can America’s Homicide Problem Be Solved?” on Jan. 24.

– Tamara Keith, congressional correspondent for National Public Radio, delivered the talk “Washington’s Fiscal Fights: A View from the Fourth Estate” on April 3.

“What we’ve got right now is a commodification of human beings. A legal system that doesn’t enforce (the law) is tolerating it.” – Laura Lederer, president and founder of Global Centurion, discussing sex trafficking at the March 1 symposium “Sexual Violence and Abuse on the Law’s Front Lines.”

“If you want to have it all, you need to decide what ‘all’ is and get it.” – Michelle “Mike” Widner, director of operations for the Columbus office of Bad Girl Ventures, at an April 24 panel discussion about women entrepreneurs hosted by the Ohio State Entrepreneurial Business Law Journal.

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New faces on the faculty Three bring expertise in health law, national security, lawmaking BY MONICA DEMEGLIO n When students at The Ohio State University Moritz College of Law return to classes this fall, they will have the opportunity to learn from three new dynamic faculty members. Micah Berman and Efthimios Parasidis are emerging scholars who have incredible practical experience in the areas of health law, public health law and policy, bioethics, intellectual property, biotechnology law, and related fields. Together, they hope to expand the study of health law across various units at the University and interest students in pursuing an area of law that has fascinated them. Dakota Rudesill has spent much of his career in lawmaking and national security. He brings a unique philosophy to the classroom about the interplay between law and four Ps: politics, policy, processes, and personalities. His practical experience certainly will be valuable to students taking his courses and through the Moritz Legislation Clinic. Introducing broader perspectives Berman had recently wrapped up his work on a U.S. Senate candidate’s bid in 2004 when he was presented with an interesting

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opportunity in the Buckeye State. Could he figure out ways for law to assist those trying to reduce tobaccorelated deaths? “We have a product out there that’s killing 400,000 people a year in the U.S., and it just didn’t make a lot of sense to me why we weren’t treating this as an emergency. If anything else out there was killing 400,000 people a year, it would be in the news every night,” he said. “I was excited that the state of Ohio was looking to create a project to address smokingrelated deaths.” Berman became the executive director of the Tobacco Public Policy Center at Capital University Law School, and his career made the monumental shift toward public health law and policy. Berman will teach courses on those topics through a joint appointment at Moritz and the College of Public Health. “A lot of times in law school, you’re thinking about an individual and an individual’s rights. Public health introduces a broader perspective: What does this law do to a population as a whole?” he said. Berman will be teaching Public Health Law – a course he is familiar with

teaching at both Capital University and, most recently, at New England Law in Boston, where he held a tenure-track appointment. The course focuses on the government’s authority to address threats to public health and limits on that authority. Students should take a public health law course, he said, not only because it gives broader perspective about the far-reaching effects of law, but also because it is a great opportunity to see how various areas of law come together. “When you talk about Public Health Law, you’re talking about constitutional law, property law, tort law, contracts, and other issues that cut across many doctrinal areas. For upper-level students, it’s an interesting way to engage these different types of subjects, and see how they all come together to govern what we as a society can do to protect our health,” he said. Early cases in public health law dealt with infectious disease, quarantine, and isolation. In modern times, there’s been a move toward using law to find solutions for chronic diseases, such as cancer and heart disease. With a $1.2 million grant, Berman helped establish and direct a center that


12th & High served as a legal and policy resource for advocates, public health officials, and policymakers looking to reduce tobacco use in Ohio. He explored legal policies and drafted smoke-free laws, and he assisted in helping school and hospital campuses to become smoke-free. The experience with public and private policy prepared him for related work in Boston, where he founded and directed the Center for Public Health and Tobacco Policy. The center provided legal research, policy development, and educational programming for tobacco control efforts in New York and helped shape the tobacco policy initiatives of the Vermont Department of Health. Those states already had smoke-free laws and high taxes on tobacco products. So Berman focused on developing “the next generation of tobacco-control policy.” He worked on an initiative recently announced by New York City Mayor Michael Bloomberg that would require those selling tobacco to duck the products out of sight. “There’s been a lot of progress in protecting people from secondhand smoke, but there’s more that can and needs to be done in reducing smoking rates,” Berman said. “Another big change – for which the success has yet to be measured – is the Food and Drug Administration’s newfound authority to regulate tobacco products.” Berman worked on tobacco-control issues for the FDA during a yearlong leave of absence from New England Law. He took it to join his wife, Rachel Bloomekatz, in Washington, D.C. while she clerked for U.S. Supreme Court Justice Stephen Breyer in the 2011-12 term. The couple met in 2004, when Bloomekatz was working for the Kerry-Edwards campaign and Berman was the political director for the Fingerhut for U.S. Senate campaign. Coming to Columbus is a bit of a homecoming for both. Even though Bloomekatz is not from the city originally, her parents are professors at the College of Education and Human Ecology. Berman grew up in Columbus, graduating from Bexley High School before going on to earn a bachelor’s in public policy from

Brandeis University and his J.D. from Stanford Law School. “This is home to me,” he said, “but, really, the opportunity to work with all of the terrific people at Ohio State is a huge draw.” In addition to his joint appointment at two colleges, Berman will join scholars and medical experts from across campus in contributing to the body of study at Ohio State’s Comprehensive Cancer Center, The Arthur G. James Cancer Hospital and Richard J. Solove Research Institute.

decisions. I find it very rewarding to share my experiences with students and help guide them as they consider or prepare for a career in the health care industry,” he said. Parasidis holds a bachelor’s degree in philosophy from The College of New Jersey, a master’s degree in bioethics from the University of Pennsylvania Perelman School of Medicine, and a J.D. from the University of Pennsylvania Law School. He was an associate in the litigation group of Jones Day in New York City and

“A lot of times in law school, you’re thinking about an individual and an individual’s rights. Public health introduces a broader perspective: What does this law do to a population as a whole?” – Micah Berman

“I’m really excited about the opportunity to do more interdisciplinary research with people from all across the university. It will be great to connect with people doing epidemiological research on cancer at the College of Public Health or medical research at the Wexner Medical Center,” Berman said. “There are a lot of exciting synergies to be developed working across those different fields.” Influencing patient care How law can influence clinical care and health care delivery is something Parasidis enjoyed discussing with his students at St. Louis University School of Law – the nation’s top-ranked health law program for 10 consecutive years. It’s a discussion he intends to continue when he arrives at Moritz this fall. “Health law is an exhilarating practice area that challenges students and attorneys to think about the micro and macro impact of legal doctrine and policy

later the intellectual property group at Dickstein Shapiro LLP, also in New York. In between, he worked for the Office of the New York State Attorney General, defending the state in lawsuits, and also co-founded a startup company Global Health Outcomes Inc. The company is a health care research and analytics firm that uses novel metrics to measure and assess patient health outcomes. Parasidis also is a co-inventor on a patent application related to health information technology and comparative effectiveness research. “Lawyers play an integral role with biotech startup companies because there are so many IP, corporate, and regulatory issues that scientists often have no clue about,” he said, “There’s a lot of energy in startup companies and a lot of room for creativity from a legal perspective.” Parasidis has contributed to the study of health law in the U.S. and abroad as well. As a Fulbright Fellow, he researched >>

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12th & High “Lawyers play an integral role with biotech startup companies because there are so many IP, corporate, and regulatory issues that scientists often have no clue about. There’s a lot of energy in startup companies and a lot of room for creativity from a legal perspective.” – Efthimios Parasidis

>> informed consent policies in Greece and the legal and ethical issues associated with them. He also is working on a book that explores the legal and regulatory framework governing biomedical research by the military and the use of biomedical enhancements on soldiers. Additionally, he is researching how health information technology can be leveraged by the FDA to improve post-market surveillance of medical products. “While industry has been quick to capitalize on health IT, regulators have been slow to integrate new technologies and advancements, and thus there is a lot of room for improvement,” Parasidis said. Parasidis consults for the American College of Physicians on issues related to conflicts of interest in the medical and pharmaceutical industries, and he served on the Law and Policy Workgroup of the Missouri Health Connection, which is responsible for creating Missouri’s health information exchange. His recent research includes analyzing the policies of the top 200 research institutions in the U.S. to see what compensation they provide for participants injured in a research study. He is a co-principal investigator with researchers from the National Institutes of Health, and the results are expected to be published soon. Parasidis said he always wanted to teach but sought out opportunities in the public and private sectors so he could be more effective in the classroom. He

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has won several awards for teaching and scholarship, and the American Society of Law, Medicine & Ethics recently selected him as a Health Law Scholar. Parasidis will teach Health Law in the fall at Moritz and expects to teach courses on property law and another health-related topic in the spring. He also will have a joint appointment with the College of Public Health. “I want to help expand the health law community in Columbus,” Parasidis said. “I want to build bridges between students and the local bar and between other colleges at the University.” Health law is a growing area, Parasidis said, adding that health care accounts for over 17 percent of the gross domestic product. The complexities that cover administrative law, corporate law, tort law, constitutional law, and the regulatory state require lawyers practicing in this area to have a comprehensive background. “Understanding how the health care industry interacts with the legal and regulatory framework is extremely important for any attorney looking to practice in this area,” he said, “and I intend to prepare my students for that.” Parasidis and his wife, Magdalen, have a 2-year-old daughter, Anais. While the family had job opportunities that could have taken them back to the East Coast, they turned them down. “We love the peaceful life here in the Midwest, and Columbus certainly feels like a livable place,” Parasidis said. “We’re really

looking forward to exploring the city and taking advantage of the parks and cultural aspects – not to mention supporting local farmers who are using sustainable farming methods. We’re excited.” Exploring intersection of law, politics Rudesill keenly remembers the feeling of dread when he heard in 1983 that the Soviet Union had walked out of nuclear arms talks. As a boy growing up in snowy Fargo, N.D., he was well aware of the nuclear missile field located just a few dozen miles away. He understood that threats to national security were threats to his own life and community. “There was a poll of my class in junior high school, and it showed that a majority of us did not think we would live to graduate from high school,” he said. “The Cold War was very much present in our thoughts on a daily basis.” An early awareness of the far-reaching impact of actions in Washington, D.C. and around the world motivated him to pursue a career in lawmaking and national security. At Moritz, he will teach National Security Law and Process this fall and a section of the required 1L Legislation course in the spring. Later, he will teach about cyber law. Additionally, he will be teaching the Moritz Legislation Clinic, where students work directly with legislative leaders and their staffs on matters before the Ohio House and Senate. “Ohio State has a really exciting model,” said Rudesill, who most recently served as a visiting professor at Georgetown Law Center and interim director of its Federal Legislation & Administrative Clinic. “My students at Georgetown advocate to the legislative branch. At Ohio State, students are working inside of it. Ohio State has one of the very best legislative programs in the country.” Rudesill has made a career of advising senior leaders in all three branches of the federal government. However, his successful career in Washington, D.C. started with a failed bid for a seat in the North Dakota Legislature at the age of 22. “I was running against an incumbent – a 66-year-old fifth-grade teacher. There


12th & High were thousands of registered voters who had been in her classroom or had kids in her classroom who thought fondly of her,” Rudesill recalled with a chuckle. “It’s a good thing I lost. She was far better prepared than I was!” That said, Rudesill received a great introduction to politics and had the opportunity to meet U.S. Sen. Kent Conrad on the campaign trail. Rudesill, who earned his bachelor’s degree from St. Olaf College and later his J.D. from Yale Law School, impressed Conrad. The senator invited Rudesill to join his staff. A year later, Rudesill was Conrad’s primary national security legislative advisor. It was a position that he stayed in for eight more years. When Conrad became chairman of the Senate Budget Committee, Rudesill became the senior professional staff member responsible for national defense, intelligence, and foreign affairs spending and drafting portions of the annual budget resolution concerning those areas. It was incredibly instructive to translate policy objectives of committee members and input from the executive branch into the legislative process. “At the federal level, the powers of Congress and the president are at their apex when dealing with issues of national security,” Rudesill said. “Working with Sen. Conrad, I had the opportunity to work at the intersection of law, process, policy, politics, and big personalities and play a significant role. It was a remarkable

experience.” In the executive branch, Rudesill was a member of the Obama-Biden Presidential Transition Team. He advised two presidential nominees as they prepared for U.S. Senate confirmation hearings – Dennis C. Blair, the nominee for director of national intelligence, and Leon Panetta, nominee for director of the CIA. Experiences like those throughout his career are what Rudesill will draw from in his classroom in Drinko Hall, where he will teach students about the way law is influenced by processes, policy, politics, and personalities. He talks about teaching with the same passion he has in discussing lawmaking. His wife, Rebecca, had told him for years that he would be an excellent professor. Finally, he listened and became a visiting professor at Georgetown. “I had no teaching experience, but I realized in very short order that this is what I was supposed to do,” he said. “I’ve also learned that it’s good to listen to your wife.” The couple is looking forward to raising their toddler, Kate, in the Midwest. Avid baseball fans, they also are excited that there are four major league parks just a short drive away from Columbus. Of course, there will be a new football team to root for in the autumn as well. “We are just really excited to be moving to Columbus,” Rudesill said, “and I am looking forward to Moritz, meeting my students and colleagues, and learning with them.” AR

“Working with Sen. (Kent) Conrad, I had the opportunity to work at the intersection of law, process, policy, politics, and big personalities and play a significant role. It was a remarkable experience.” – Dakota Rudesill

Scholarly Articles The three professors joining The Ohio State University Moritz College of Law faculty this fall have been published in a number of impressive journals. Here’s a sampling of some articles they have written or coauthored. Micah Berman: “Commercial Speech and Tobacco Marketing: A Comparative Discussion of the U.S. and Canada,” American Journal of Law & Medicine (forthcoming); “Who’s Your Nanny? Choice, Paternalism and Public Health in the Age of Personal Responsibility,” The Journal of Law, Medicine & Ethics (forthcoming); “Improving Patient Safety and Providing Fair Compensation,” New England Law Review; and “Clean Indoor Air Ordinance Coverage in the Appalachian Region of the United States,” American Journal of Public Health. Efthimios Parasidis: “Justice and the Beneficence in Military Medicine and Research,” Ohio State Law Journal; “Human Enhancement and Experimental Research in the Military,” Connecticut Law Review; “Patients Over Politics: Addressing Legislative Failure in the Regulation of Medical Products,” Wisconsin Law Review; and “A Uniform Framework for Patent Eligibility,” Tulane Law Review. Dakota Rudesill: “Regulating Tactical Nuclear Weapons,” Georgetown Law Journal (forthcoming); “Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress,” Washington University Law Review; and “Precision War and Responsibility: Transformational Military Technology and the Duty of Care Under the Law of War,” Yale Journal of International Law.

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Student, donor, inspiration Jenna Grassbaugh’s on a mission to help fellow veterans BY MONICA DEMEGLIO n Thousands of Ohio veterans and military service members need legal services each year. They return home from tours of duty only to face seemingly insurmountable challenges – foreclosures, mushrooming problems with debt, issues with litigious landlords, and more. With inadequate resources to hire attorneys themselves and limited aid available through public interest law programs, those working closely with the veteran and military communities say a great need is going unmet. One student at The Ohio State University Moritz College of Law hopes to change that. Jenna C. Grassbaugh is a law student, a veteran, and a Gold Star wife whose amazing story of service and generosity is inspiring others across the country to donate to an initiative personal to her on many levels: the Capt. Jonathan D. Grassbaugh Veterans Project. The project, which begins operations this fall, will pair veterans with

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law students who can assist in sorting through landlord-tenant disputes, foreclosures, Rule 60 default judgment, and debt crises. Practicing attorneys will volunteer their time to supervise the students’ work. Grassbaugh, a member of the Class of 2014, donated $250,000 in seed money to start the project, using insurance funds she received following the death of her husband, Capt. Jonathan D. Grassbaugh, who was killed by a roadside bomb in Zaganiyah, Iraq on April 7, 2007.

She hopes others will match her gift, so 2,000 hours of free legal services can be provided annually. “I wanted to find a project that would have some sort of long-lasting legacy – something that Jon would truly approve of and worthy of that money,” Grassbaugh said. “It didn’t seem right to buy something with it. I wanted to do something worthwhile.” Grassbaugh shared her story of love and loss in her law school admissions essay, which was featured in All Rise in >>

“I wanted to find a project that would have some sort of long-lasting legacy – something that Jon would truly approve of and worthy of that money. It didn’t seem right to buy something with it. I wanted to do something worthwhile.”


TODD CALLENTINE


12th & High >> fall 2011. She was a 1L at The College of William & Mary when her husband was killed in action. They had married only 10 months before. After his funeral, Grassbaugh decided to withdraw from law school and become a military police officer. “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,” she wrote in her essay. She deployed to Mahmudiyah, Iraq in September 2008, where she was a platoon leader in charge of 40 soldiers. “Being a veteran myself, I wanted to be more involved in helping other vets,” she said. “This project will serve a continuing need.” One of the greatest handicaps facing

those trying to help veterans and active duty military personnel is that no government agency has produced a survey showing just how great the need for legal services is, explained Stephen Thomas Lynch, a retired Air Force lieutenant colonel in Cleveland. As the legal assistance attorney for the Ninth Coast Guard District, he is one of only two full-time attorneys assigned to provide legal assistance to active military personnel in Ohio. He also provides assistance to the Coast Guard and other military clients throughout the Great Lakes region. For the last 12 years, he also has helped other groups of clients with connections to the military, including military retirees, veterans, and their dependents, with everything from finding pro bono representation in criminal

Support the Grassbaugh Veterans Project

TODD CALLENTINE

The Ohio State University Moritz College of Law is continuing fundraising efforts in the hopes of matching Jenna Grassbaugh’s generous gift of $250,000. Once the $500,000 goal is reached, 2,000 hours of free legal services could be provided to Ohio veterans annually. To support the Grassbaugh Veterans Project, please visit: giveto.osu.edu/ grassbaughveteransproject/.

Capt. Jenna C. Grassbagh, a member of the Class of 2014, poses with her family following an event celebrating the announcement of the veterans legal service project created in her husband’s memory. For more photos from the event, see Page 73.

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matters to assisting with writing wills and custody agreements prior to a soldier’s deployment. Lynch handles 850 cases a year on average – a number that does not include the many people he advises with a quick phone call or email. It also does not account for those he refers to the American Bar Association’s pro bono referral service or a network of Ohio National Guard Judge Advocate Generals who offer to help outside of their normal private practices. “We have had some wonderful volunteers, and they do a great job,” Lynch said, “but our volunteers by no means can cover the need – not by a long shot.” In 2011, the latest year for which data was available, there were approximately 10,000 active duty military personnel and 40,000 guard and reserve members in Ohio. They reported having 94,000 dependents – bringing the grand total population of military and military families to 144,000 Ohioans. Add to that a veteran population of nearly 900,000 in Ohio at last count, and it’s little wonder that Lynch and others affirm that many legal needs are going unmet. Lynch estimates there are thousands of Ohioans who need legal services like the ones the Grassbaugh Veterans Project will provide. “Jenna Grassbaugh is a saint,” Lynch said. “We need more people like her.” Defying definitions, helping all veterans During the fall of 2012, Grassbaugh attended an Ohio Veterans WrapAround Project summit hosted by then-Ohio Supreme Court Justice Evelyn Lundberg Stratton ’79. It was there that Grassbaugh realized what she could do with the insurance money she received following her husband’s death. “ ‘Veteran’ is one of those terms that I don’t think is always understood. It isn’t always someone who’s stayed in for 20 years and has all of the benefits of retirement,” Grassbaugh said. “Often, and especially so the last 10 years, it is someone who served three or four tours and said, ‘I can’t do this anymore. My family can’t sustain this anymore.’ They retain some services but not all. There’s a gap


TODD CALLENTINE

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“Being a veteran myself, I wanted to be more involved in helping other vets. This project will serve a continuing need.” that’s missing in the veterans’ support process.” She worked with Dean Alan C. Michaels and development officers at the Moritz College of Law to see what could be done to provide legal services for veterans and practical experience for law students. Michaels, who also happened to be one of Grassbaugh’s professors this spring, said her actions have been nothing short of inspirational to those around her. “Jenna has wisdom and maturity beyond her years, and she is creating something at the College which will make life better for so many veterans that she will never meet,” he said. “To say it’s been a privilege working with one of my students in this unique and personal way is an understatement. She’s a truly impressive individual.” It is the first time in the school’s

history that one of its current students has made such a meaningful and generous gift. Michaels noted that Grassbaugh certainly is the youngest major gift donor the law school – and possibly Ohio State – has ever had. “Yes, people say that it’s like cutting away my safety net, but I don’t look at it that way,” the 28-year-old said of her gift. “Jon would have wanted me to do this. His motto was non sibi – ‘not for oneself.’ He would have done this for me.” Grassbaugh continues to remain on active duty while studying at Moritz. She is part of the Army’s highly prestigious and competitive Funded Legal Education Program and is spending the summer interning in the military’s legal affairs offices in Afghanistan. She will practice in the JAG program after graduation. In addition to wanting to see others

join her in supporting the Grassbaugh Veterans Project, she hopes to see the project grow to include other kinds of legal services, with students assisting with disability benefits claims, domestic issues, and more. “They’re long-term goals, but who knows? I honestly didn’t think this project would exist until after I graduated. To see it up and running by this fall is incredible to me,” she said. “I’m thrilled to be able to observe this project as it takes off and to see veterans get the help they need quickly.” AR

VIDEO EXTRA Learn more about Jenna and Jon Grassbaugh in a special video at moritzlaw.osu.edu/grassbaugh.

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Storied

Treasures Law library’s collection of rare books, artifacts numbers in the thousands BY MONICA DEMEGLIO n In an era of downloading books to electronic readers and accessing materials across the world online, some have found it easy to diminish the power of the printed word – referring to books as archaic with printing presses considered at risk of becoming extinct. “I think as libraries are focusing increasingly on electronic formats, what’s moving to the fore in importance are special collections such as rare books,” observed Bruce S. Johnson, the Thomas J. and Mary E. Heck and Leo H. Faust Memorial Designated Professor of Law and director of the Michael E. Moritz Law Library. The Moritz Law Library’s rare book collection includes some 2,500 volumes, with the oldest imprints dating from the early- to mid-1500s. Most are Anglo-American, Johnson explained. There also are foreign works and pieces written in French and Latin by civil and ecclesiastical law scholars. “It’s somewhat ironic that as we move to electronic formats, this very old printed material increases in importance. I can go to the rare book collection, pull something off the shelf, and read it. All you need is a light,” Johnson said. “Nobody will be able to read off of our hard drives or flash drives 480 years from now. Print has a much longer life.” Johnson and Mary Hamburger, assistant director for technical services, pulled from the law library’s shelves a few of the more intriguing rare books and artifacts, in addition to sharing details of how the collection has grown.

The Beginning The Moritz Law Library was formed in December 1891 when the widow of the Honorable Henry C. Noble of Circleville, Ohio donated his library to the newly established law school at The Ohio State University. “The collection is as old as the law school,” said Johnson, pointing to a number of volumes from the Noble collection in his office. Jurisconsultorum Vitae Published in 1538, this is one of the Moritz Law Library’s oldest books, a biographical dictionary of Roman jurists. “There’s nothing fancy about it, but this is one of the earliest books in the collection,” Johnson said. The text, written in Latin, is by Bernardino Rutilio, one of the first humanists to compile historical biographies of earlier lawmakers. The library’s copy is a scarce, early reprint published in Lyon, France from a previous edition.

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12th & High What makes a book rare? “We generally regard American imprints published around 1850 or earlier as rare, and we make special efforts to preserve these older books for future users. Things become rarer the farther back you go,” Johnson said. “Part of the value of rare books is that they have survived for so long.” Remarkably, books published before 1850 are sometimes in better shape than later publications printed on acid-based paper, which disintegrates more rapidly. An Influential Librarian Ervin H. Pollack, professor of law, was director of the Moritz Law Library from 1947 to 1972. He acquired many of the volumes in the rare book collection. “There was a period after World War II when you could buy rare law books from Europe inexpensively, and he cast a fairly wide net,” Johnson said. The library continues to purchase rare books, but much more selectively. Artifacts from Confederate States Other than age and scarcity, a number of variables may influence whether a book is deemed “rare.” Autographs or inscriptions by famous authors or former owners, unique bindings or illustrations and associations with historical events all add distinction. For instance, the library’s collection of older state session laws and statutes includes some Confederate imprints. Leviathan The library’s 1680 reprinting of the first edition of Thomas Hobbes’ Leviathan or The Matter, Forme and Power of a Common Wealth of Ecclesiastical and Civil, originally published in 1651, covers the structure of society and government and is considered one of the earliest examples of social contract theory. Notable early American patent One of the most interesting items preserved by the Moritz Law Library is the fourth patent granted by the United States government. Issued to Philadelphia printer Francis Bailey on Jan. 29, 1791 for inventing new methods of >>

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12th & High >> printing type to prevent counterfeiting, the patent bears the signatures of President George Washington, Secretary of State Thomas Jefferson, and Attorney General Edmund Jennings Randolph. Jefferson’s signature also appears on the back with the memo: “Delivered to the within named Francis Bailey this thirtyfirst [sic] of January 1791.” A disastrous fire in 1836 destroyed most of the original documents at the Patent Office, making this artifact even more of a treasure. The patent belonged to George Eaton ’34, the great-great-grandson of Bailey. Eaton’s wife donated it to the College in 1960, at the time of the law school’s building dedication. The patent was recently restored, remounted, and reframed. Visitors can see a high-quality scanned image in the bookcases outside of the library’s main doors. A Persian Pearl Published in 1899, this book is notable not only for its famous lawyer-author, Clarence Darrow, but because of the publisher. The Roycroft Press was part of the Roycroft community, an important part of the American arts and crafts movement. The Roycroft Press is notable for the works it published, and the artistry of the printing. This artistry is on display in the red drop-caps in this book, for example. “An important reason for acquiring rare books is part preservation – we are buying an artifact and preserving it for future generations,” Johnson said. The Stotter Gift In 2007, retired San Francisco attorney Lawrence H. Stotter ’58 donated his collection of rare law books to the Moritz Law Library. His more than 200 volumes were published from the 16th to 20th centuries. They focus on family law – marriage, divorce, adoption, and the rights of women and children – which was his area of practice. “He bought his first book while at an ABA meeting and caught the collecting bug,” Johnson said. Some of Johnson and Hamburger’s favorites include A Collection of Some Principal Common Laws of England by Sir Francis Bacon, written in 1636; Wedlock or

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“An important reason for acquiring rare books is part preservation – we are buying an artifact and preserving it for future generations.” – Bruce S. Johnson


12th & High the Right Relation of the Sexes, published in 1869; and God’s Revenge Against Murder and Adultery, published in 1779, which features page-turning illustrations that accompany the text. “It’s really in good shape,” Hamburger said of God’s Revenge. “It’s been maintained beautifully.” Ohio Lawyer’s Musings Sometimes book dealers bring archival materials to Johnson’s attention as well. A few years ago, the library acquired the diaries, billings, and other items belonging to Eastern Ohio lawyer William T. Perry, 1858-1922. “He read law, and the diaries encompass that time, which I thought was interesting and possibly valuable to those studying the evolution of legal education,” Johnson said. Remarks from Long Ago Many rare books have touched many readers throughout their long years of existence. In some cases, readers have left their marks as well. Such is the case with the library’s copy of the Treatise of Equity, published in 1737. Eloquent notes and scribbles can be found in the margin, including a hand pointing to an area of particular interest to one reader, where today’s reader might simply mark an asterisk.

Sometimes there are gems found in the margins and pages of rare books. Such was the case with the Treatise of Equity, published in 1737. Eloquent notes and scribblings - including a hand pointing to an area of particular interest to one reader - were found in the margins, as well as a piece of paper written in the archaic language of Law French.

The Future Currently, the focus of additions to the library’s rare book collection is on titles that would complement the Stotter Collection on domestic and family law, election law, criminal law, and Ohio legal history and development. “I think the value is to create a collection that over time will provide a resource for scholars to use,” Johnson said, “and the collection would be more usable if we had a rare book room.” Currently, the rare book collection is maintained in a secure area, but the storage rooms are not specifically climate controlled and lack space in which to work and display the collection properly. Johnson hopes that the Moritz Law Library will one day have a true rare book room to house the collection and to support the preservation and use by future generations of these library treasurers. AR

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Q&A Q A

Amy J. Cohen, associate professor of law at The Ohio State University Moritz College of Law, studies formal and informal dispute resolution, law and international development, and the political economy of food. She recently was selected for a prestigious, one-year fellowship at the Radcliffe Institute for Advanced Study at Harvard University. During that time, Cohen will work on a project that examines how developing countries are responding to the “supermarket revolution.” She discussed the topic recently with All Rise.

What are you researching currently?

I am working on a project that examines what is at stake when developing countries regulate their food markets around the imperatives of large, corporate supermarket chains. Supermarkets, so common in the West are now dramatically altering the economic, social, and political landscape for farmers, traders, small retailers, and consumers throughout the developing world. We typically think of supermarkets as changing the retail experience for consumers, but the rise of supermarkets also transforms supply chains in fundamental ways. Farmers, brokers, agents, wholesalers, and traders are all affected. As a legal scholar, I am especially interested in studying how particular legal rules — rules governing, for example, land use, contracts, and competition — have enabled India’s current configuration of agricultural markets, and how supermarkets desire a different set of legal rules that better serve their interests.

Q

What makes India a particularly important or interesting place to study the development of supermarkets?

A

Well, let me begin by saying a bit about supermarkets more generally. Supermarkets wield tremendous control over the organization of food distribution systems throughout much of the world. Largely an early-20th century, U.S. invention, supermarkets initially sold to consumers what was available from producers, processors, and manufactures who had been the dominant actors in food systems. Over the last few decades, supermarkets have reversed the way power flows in food supply chains. They now dictate what kinds of goods get produced, processed, manufactured, and sold. Moreover, in many Western countries, just a handful of supermarket chains control the vast majority of food retail sales. Over the past two decades, supermarket chains expanded their global reach enormously in the developing world. India, however, is a latecomer to what scholars have called the “supermarket revolution.” This is in part because when

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“I think any policymaker should ask how different kinds of markets for food stand to advance or harm the interests of the majority of India’s citizens who are poor.” – Amy J. Cohen, associate professor of law at The Ohio State University Moritz College of Law


India began on a path of economic liberalization in the 1990s, it deemed the retail market too sensitive to allow foreign direct investment. Citing concerns with economic growth, however, in September 2012, the Indian Cabinet reversed its longstanding exclusion of foreign direct investment (think, for example, WalMart) in food retail. At the same time, Indian business conglomerates are now devoting billions to developing their own domestic retail outlets often with global chains as consultants. So among the many other factors that make India so interesting to study, corporate retail there is very new, very contentious, and still just a tiny fraction of the retail market.

Amy J. Cohen taught at Kathmandu School of Law in Nepal and worked on community development initiatives in Ghana, Nepal, and Thailand prior to teaching at the Moritz College of Law.

Q

Did you see a lot resistance to supermarket chains when you were on the ground in India?

A

I spent five months in the east Indian state of West Bengal, where supermarkets have met with especially intense political resistance, including organized protests by small retailers and traders. To that end, the state government has adopted a number of protectionist legal measures designed to discourage corporate investment in food retail. And it is not difficult to understand why: In a country where retail (and mostly small-scale retail) is the second-largest employer after agriculture (and mostly small-scale agriculture), supermarkets stand to have significant effects on future opportunities for capital accumulation and, with it, the social well-being for millions of Indians.

Q A

Where do you think the future of food retail in India is headed?

It’s hard to say. I think any policymaker should ask how different kinds of markets for food stand to advance or harm the interests of the majority of India’s citizens who are poor. From this perspective, there is a good deal of value in the status quo. Existing markets are spaces where numerous economic actors can sustain themselves and their dependents through longstanding market relations while circulating

food throughout the country via methods, I should add, that depend far less on fossil fuels than the highly capitalized supply chains of the West. Small farmers and traders also often survive on very thin profit margins, keeping prices low for consumers. But at the same time, in the traditional supply chain, small farmers and small traders are often beholden to more powerful wholesalers, brokers, and moneylenders, who govern via extralegal rules and the opaque patronage of the state. The existing system would therefore surely benefit from legal and economic reform. Yet, at the same time, I agree with Indian activists that the answer to India’s food markets cannot be corporate domination. Most basically, supermarket-led development means that large retail chains will restructure food markets in their own interests. There is plenty of evidence to suggest how this will unfold. Throughout the world, the unprecedented economic concentration in food retail has coincided with growing economic inequality in food distribution

and consumption. As food scholars Philip McMichael and Harriet Friedmann have persuasively argued, our current food system explicitly “differentiates by creating distinctly different types of food for rich and poor consumers, including distinction by price (Whole Foods versus Wal-Mart), and nothing for those without money.” This growing divide between the classes of the rich and poor suggests deep inequalities and failures in global food markets. What gives me hope is that in India, ideas of social welfare remain closely tied to populist political strategies, activist demands for democratic self-governance, and the economic self-interest of the hundreds of millions of entrepreneurial Indians whose livelihoods depend on servicing the country’s existing food supply chains. Taken together, these forces may be able to mount a sustained ideological and economic challenge to the market dominance of just a handful of domestic or multinational supermarket chains, and perhaps also generate some practicable suggestions for market reform. AR

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In Print

Disabled Education: A Critical Analysis of the Individuals with Disabilities Education Act (NYU Press, 2013) BY RUTH COLKER

n The Individuals with Disabilities Education Act (IDEA) promises a free and appropriate public education to all children with disabilities. At first glance, the IDEA is a shining example of law’s democratizing impulse. But, in the book Disabled Education: A Critical Analysis of Individuals with Disabilities Act, Professor

tional Law at The Ohio State University Moritz College of Law, uses personal stories of students to demonstrate the inequalities of IDEA. She shows repeatedly that special education is not “special” for many low-income, and often minority, students. There is great variance and subjectivity in the diagnosis and label-

“A shocking, important, and even frightening book that unveils the mistreatment of disabled learners seeking an appropriate education in public school setting,” – Sally Shaywitz, M.D., Yale University Center for Dyslexia and Creativity

Ruth Colker reveals that IDEA contains flaws that were evident at the time of its enactment, limiting its effectiveness for poor and minority children. Throughout the book Colker, the Distinguished University Professor and Heck Faust Memorial Chair in Constitu-

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ing of disabilities, which greatly affects which services students receive. According to Colker, parents often are required to hire advocates and expert witnesses at their own expense when filing due process complaints. “A shocking, important, and even

frightening book that unveils the mistreatment of disabled learners seeking an appropriate education in public school setting,” Sally Shaywitz, M.D., of the Yale University Center for Dyslexia and Creativity, wrote in a review. “We meet innocent children and desperate parents trying to navigate an entrenched bureaucratic and uncaring educational system that is further enabled by inept hearing officers who turn a deaf ear to the needs of the children and to the law. A must read for parents, educators, policy-makers and anyone who cares about the future of education in America. Scientific knowledge has progressed too far to accept this shameful treatment of children from all backgrounds and socioeconomic groups; this book is a wake-up call for up-dating policies, procedures and laws affecting children who struggle in school.” Colker reviews the legislative history of IDEA in detail and provides previously


In Print unknown details of the students behind four of the Supreme Court of the United States’ landmark cases in these areas. Colker was able to focus a lot of her work on hearing officer decisions in Ohio, Florida, New Jersey, California, and the District of Columbia because numerous decisions are publicly available in those jurisdictions. “For anyone intent on our public schools providing equal educational opportunities to students with disabilities, Disabled Education is a comprehensive vision of how far we have yet to come and why,” wrote Paul D. Grossman, Hastings College of Law, University of California, in a review. “For attorneys and advocates, it provides insight into why there is such a headwind against students with disabilities receiving an effective and meaningful education. For judges, it delivers a challenge to reach more just, informed decisions, fully respecting the free appropriate educational opportunity guarantees of the IDEA. For those who teach, develop and enforce education policy through our civil rights laws, it presents a compelling insight into how and why the shortcomings of the special education system fall hardest on poor students, students of color and limitedEnglish speaking students.” Colker advocates for improved health care services for children younger than school age, which would increase screenings, improve diagnosis, and allow for early intervention. In early childhood programs, Colker believes transportation is also a big issue that must be addressed. Early childhood special education programs typically run only a few hours a day, and most states will not provide transportation to and/or from a child’s regular daycare provider. Once children reach school age, Colker proposes abandoning the current restrictive classification system for one that has a broad, general definition of disability. Colker concludes the funding system must be changed because “children in middle-class school districts should not be receiving more expensive special education services than children in poor school districts.” – Barbara Peck

Other Publications CHILDREN AND THE LAW: AN INTERDISCIPLINARY APPROACH WITH CASES, MATERIALS AND COMMENTS Oxford University Press 2012 By Katherine Hunt Federle The study and practice of juvenile law is inherently interdisciplinary – a successful practitioner must understand not only the legal implications in the field but also have a solid grounding in child psychology, child development, neuroscience, sociology, criminology, and social work. This book includes a vast array of articles, studies, research, cases, and statutes that allow readers to best understand the law while helping bridge the gap between theory and practice.

“A successful practitioner must understand not only the legal implications in the field but also have a solid grounding in child psychology, child development, neuroscience, sociology, criminology, and social work.” DESIGNING SYSTEMS AND PROCESSES FOR MANAGING DISPUTES Aspen Publishers 2013 By Nancy H. Rogers and Robert C. Bordone, Frank E.A. Sander, Craig A. McEwen The first book of its kind, this book provides a hands-on interdisciplinary approach rich with problems and exercises that have wide-ranging practical applications. This groundbreaking text employs six real-life case studies and many other examples to engage readers and to teach how to design and implement a process or system that will work to resolve and prevent disputes where traditional processes fail. The book includes a DVD of Endgame, a documentary movie of Michael Young’s negotiations to design the public negotiations for South Africa’s transition to universal suffrage, and additional video clips are posted on the book website.

CRIMINAL PROCEDURE: INVESTIGATING CRIME (5th Edition) West 2012 By Joshua Dressler and George C. Thomas This book provides different perspectives to fundamental doctrinal issues related to the law of criminal investigation. Dressler extensively reviews the Fourth Amendment and remedies for violations. The book also addresses confessions and the voluntariness requirement, police interrogation and self-incrimination clause, and the Sixth Amendment right to counsel. The book also includes an overview of entrapment and eyewitness identification procedures.

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[ Access Crisis ]


[ Access Crisis ]

Access Crisis Ohio and other states struggle to provide liberty and justice for all BY BARBARA PECK

| ILLUSTRATION BY MIKE AUSTIN

In February, the Ohio State Law Journal, Public Interest Law Foundation, Pro Bono Research Group, and the Ohio Legal Assistance Foundation sponsored a symposium titled “Opening Courtroom Doors: Access to Justice in Ohio.”

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[ Access Crisis ]

I

Eugene King ’83

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BARBARA PECK

n a courtroom right now, a young father is fighting for visitation rights for his child. He is unrepresented and, when called to order, merely stands before the court and says, “I want to be able to visit with my child.” He doesn’t know court procedure and the need to call witnesses. He loses. A mother sits in jail, picked up for driving on a suspended license. She’s waited 45 days to hear from her court-appointed lawyer. In the

meantime, she lost her job and never received her final paycheck. She then missed a rent payment and was evicted. Her landlord stole her valuable possessions and threw away the rest. If she were released, she’d have nowhere to go, which is certainly not something that is going to help her find a new job. “The access to justice movement is at the top of the list of exciting things going on in the Ohio legal arena. We are behind the curve when you look at what other courts and states in the country are doing and what they have already established,” said Maureen O’Connor, chief justice of the Supreme Court of Ohio. “I look at it as an opportunity to seek out the best and the brightest and bring in those resources and programs, that brilliance, and make it our own.” In total, 27 states have formed access to justice commissions, most of which are focused on improving justice in civil cases. Ohio is not one of those states. Commissions often spearhead fundraising, start and coordinate projects focused on specific needs, develop pro se materials, and coordinate pro bono efforts. “Our experience to date is that commissions are making a huge difference in the states where they are active,” said Meredith McBurney, resource development coordinator for the American Bar Association’s Resource Center for Access to Justice Initiatives. “Commissions are not funders or providers. They make action happen through influence. This needs to be a really cohesive and strong group of top-flight people who have come together to make a difference. It must involve the supreme court in the state. It must involve high-level leaders from the bar. And, it must involve all of the cast of groups that make up the current legal aid community.” In Ohio, and most other states, legal aid has been hit particularly hard by the Great Recession, and most programs have seen budget cuts of nearly 40 percent and hiring freezes. “When things go wrong for a person in poverty, the consequences can be dire and often lifelong. There is a tumbling effect where one crisis often leads to another and another,” said Eugene King ’83, director of the Ohio Poverty Law Center. “Lawyers can stop that if they get involved early. They really can change the course of a person’s life. But, legal aid funding is often counter-cyclical – the greater the need, the less funding. Programs know funding rises and falls, but no one expected the recession to last this long.” Funding a challenge for civil cases It is often cited that 80 percent of the legal needs of low-income people go unmet. Pinning down an actual number is an insurmountable task fraught >>


[ Access Crisis ]

Moritz students develop mediation project

“It was great taking everything we learned in class and seeing it work in real life.” – Michael Cummings ’13

In the midst of the Great Recession, the Ohio Department of Jobs and Family Services found itself in a precarious position – budget cuts were leading to job layoffs at the county and state level at a time when requests for benefits and changes in benefits were skyrocketing. As a result, the federally mandated timeliness requirement for hearings had fallen to near 5 percent. Help was on the way from an unlikely source – two students at the Moritz College of Law.   Seth Bowen ’13 and  Michael Cummings ’13 were in Professor  Sarah Rudolph Cole’s Mediation Clinic course when she asked if anyone was interested in working in alternative dispute resolution over the summer. The two 2Ls raised their hands.  The mission was left open: Develop some sort of pre-hearing mediation project that could make sense of the thousands of pending hearing requests.  ODJFS is responsible for the administration of the state’s public assistance programs, including cash, food, medical help, publicly funded child care, child support enforcement, and certain aspects of the adoption assistance program. Recipients who are denied or facing a reduction of benefits are entitled to a hearing before the ODJFS Bureau of State Hearings. When recipients receive notification of a denial or change, paperwork for an appeal is enclosed. In some instances, the changes are across-the-board rule changes, but everyone affected is entitled to a hearing under the law. In 2003, ODJFS processed 49,907 appeals, and that number increased to 115,996 in 2012. Under the project set up by Bowen and Cummings, the pre-hearing mediators scroll through hearing requests looking for cases with a lack of verification, a lack of communications, or other eligibility issues. They read the file comments and often contact the agency involved to see what action the appellant can take to rectify the situation.  “There was really a lot of trial and error in determining which types of cases were best for mediation,” Bowen said.  Both Bowen and Cummings continued to work on the project throughout their third year of law school.  In total, the program made or attempted to make contact with individuals in 5,882 cases. In those, 992 of the contacts were not successful (17 percent), 460 required a hearing (8 percent), and 4,430 (75 percent) led to a withdrawal of the hearing request, considered a success.  County involvement is optional, but, so far, 36 of Ohio’s 88 counties have joined, including three of the largest counties – Cuyahoga, Montgomery, and Hamilton. “One of the tenets of mediation is the voluntary nature, so we really let the counties decide who can be involved,” Bowen said.  To start, the duo implemented the “one-piece-of-paper rule,” which meant looking for cases in which one piece of paper was missing from the file and would resolve the case. Through the use of spreadsheets, they were quickly able to find patterns in cases that were easily resolved.  In one instance, Cummings worked with a mentally handicapped adult who recently moved out on his own and received a denial of benefits. Cummings and the individual quickly resolved the problem; benefits were reinstated; and the hearing request was withdrawn. The appellant’s mother initially was distraught that her son had consented to the withdraw, but in learning of the process and reinstatement, called to say how pleased she was that her son was able to handle the issue on his own with the help of Cummings.  Bowen worked directly with an appellant whose Medicaid benefit was being terminated while he was in the middle of drug rehabilitation, which would have forced him to leave the program. Quick contact and action by Bowen to track down the missing document prevented a disruption in care.  “This project has really taught the social responsibility aspect of the profession,” said Lewis George, chief legal counsel at ODJFS. “These benefits are the safety net for many appellants. Teaching the pro bono concept at the law school level is so important.”  Both Bowen and Cummings have accepted post-graduate employment with ODJFS, and rising 3Ls Erika LaHote and Layinka Osinowo are working on the project this summer as legal interns.

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[ Access Crisis ] >> with information gaps, unclear definitions, and little organizational support. What is certain is that there is no right to counsel in civil court, and each day thousands of people try to navigate the legal system on their own as pro se litigants. The consequences – foreclosure, child custody, denial of public benefits, guardianship, bankruptcy – are significant. “We are in a triple-whammy right now – more poor people, greater problems, and less resources. It demands the best out of our profession to try and meet these needs,” said Nathan Heck, senior justice of the Supreme Court of Texas. The state has one of the most robust access to justice programs in the country. According to the National Legal Aid & Defender Association, there are more than 40 million people

living at or below the poverty line in America. While it is difficult to ascertain a specific number of people legal aid programs have assisted, each year federal funds are used to support more than 1.5 million cases. On average, more than two-thirds of legal aid clients are women, and each year legal aid programs handle more than 50,000 cases in which the primary issue is protection from domestic violence. “The tenacity of this recession has created a greater level of callousness or indifference toward poverty. The recession has lasted so long, and the state has suffered so much. The state is dramatically tightening up access to public benefits,” King said. The Legal Services Corporation (LSC), which is funded by Congress, is the largest funder of legal aid programs. However, according to the American Bar Association (ABA), nationally only 24 percent

Tale of Two Successes In recent years, several access to justice programs have found success. Among them are Texas and Washington, D.C., which could not be more different.

TEXAS

WASHINGTON, D.C.

Founded: 2001

Founded: 2005

Point of Pride: Secured $20 million in new funding from the Legislature. But don’t think that is all. These guys are ferocious fundraisers and use just about every tactic in the book. Insider’s View: “We were forced to take our cause to the public. Legislators respond to public needs not to the needs of a profession or some kind of aspirational goal. They respond to their constituents. When the media and their constituents are more appreciative of what access to justice really does, there is more support in the Legislature. When there is more support in the Legislature, rising tides lift all boats. There is a general acceptance that this is a good thing for Texas. Not just for the people served, but good for the bar, good for the economy, good for the state, and good for the rule of law.” - Nathan Heck, chief justice of the Supreme Court of Texas

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Point of Pride: Squeaked out $3 million from the Washington, D.C. City Council, which was used to set up a lawyer-of-the-day project in housing court to ensure everyone being threatened with eviction was represented. Also sent lawyers east of the Anacostia River for the first time in years and set up a fast-track housing court where tenants could file complaints for deplorable conditions. A robust fundraising campaign also led to an additional $3 million in donations from law firms in the city. Insider’s View: “Money is a big part of this conversation. We work with the courts very closely. Public money was No. 1, and, not shockingly, private money was No. 2. Getting money from the law firms was important. We don’t have a lot of corporations in D.C. We copied a little from Chicago and Philadelphia and came up with a target number of giving from the firms themselves, not the individual lawyers. ” - Peter Edelman, chair of the District of Columbia Access to Justice Commission


of legal aid programs receive LSC funding. In comparison, over 36 percent of legal aid programs are designated as “specialty” programs that serve a target audience (elderly, disabled, immigrants, etc.) and receive no LSC funding, but possibly could receive other grants. Almost 20 percent of programs are stand-alone, pro bono programs not affiliated with a larger legal aid provider. In 2011, LSC provided $3.71 million in legal aid funding, which was about 27 percent of the total spent on providing civil legal services to the poor across the country. Other public funds were used to fund 21 percent, and state legislatures chipped in another 17 percent. Interest On Lawyer Trust Accounts (IOLTA) funds contributed only 13 percent of the total. Nonlegal foundations and corporations donated about 8 percent of the total, while the legal community itself, which includes donations from lawyers, law firms, bar foundations, registration fees, and bar associations, made up 6 percent of the total. “Legal Aid’s greatest need is funding,” said Dianna Parker ’05, pro bono coordinator at The Legal Aid Society of Columbus. “Since 2008, legal aid has lost 40 percent of its staff. There is so much need, and we are in a good position to provide for that need if we have funding. We have poverty lawyers on staff, and we have the expertise. It is an uncomfortable topic, but it is the reality right now.” In 2012, Congress cut the LSC budget by more than $56 million, which led to a 14.8 percent decrease in funding to local legal aid programs. Six states – Illinois, Minnesota, Missouri, Pennsylvania, Texas, and Wisconsin – supplement legal aid funding through mandatory bar dues or attorney registration fees. Nine other states have similar programs but allow lawyers to opt out, and 14 states encourage a payment add-on for legal aid when paying dues or fees. Ohio has none of these programs. Thirty states and the District of Columbia receive an appropriation to supplement legal aid funding. Ohio is among the 20 states that receive no state appropriations. Monies from court fines and fees are utilized in part in Ohio as well as in 30 other states to help fund legal aid services. Due to historic low interest rates, many states have seen a huge cut in the funds coming from IOLTA accounts. For example, since the recession hit, IOLTA funding went from $20 million to $2 million in Texas. “This is a nonpartisan issue. It is not Republican or Democrat. It is not conservative or liberal. It is not ideological. It is good government. We like to make that point,” said Heck. “The lack of IOLTA funds has forced us to seek public funding in Texas. The Legislature has stepped up and given us $20 million last session and $18 million this year.” >>

BARBARA PECK

[ Access Crisis ]

“The access to justice movement is at the top of the list of exciting things going on in the Ohio legal arena. We are behind the curve when you look at what other courts and states in the country are doing and what they have already established.” — Maureen O’Connor, chief justice of the Supreme Court of Ohio Moritz College of Law | S U M M E R 2 0 1 3

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[ Access Crisis ]

Clarence Earl Gideon’s plight and handwritten note caught the attention of the Supreme Court of the United States more than 50 years ago.

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>> In New York, the Chief Judge’s Task Force to Expand Access to Civil Legal Services included an independent study from a financial analysis firm, which concluded that expanding civil legal services could save the state $85 million in costs associated with domestic violence and $116.1 million in shelter costs. The report concluded legal aid services in the state had a positive economic impact of nearly $1 billion in the state in 2010. The New York Legislature allocated $12.5 million to legal aid in 2012, which included the largest increase of any state. “We always have more demand than we have resources. We always have to establish priorities and put limits on how many resources are spent in an area,” King said. “The recession changed everything, and we had to reexamine all of those priorities. People who had never done housing or foreclosure work are now handling foreclosure cases.”

T H E O H I O S TAT E U N I V E R S I T Y

Ohio Rep. Kathleen Clyde ’08 is cautious about the prospects of a significant allocation from the Ohio Legislature. “Access to justice competes with a lot of longvested interests for an ever-smaller pie,” Clyde said. “A roadblock in the Ohio General Assembly is a general lack of understanding of the work of legal aid providers, at best. At worst, some actual hostility of those who do this important work. In the middle, some general apathy of those who do this work. Term limits and limited staff really prevent legislators in Ohio from understanding complex issues like the need for additional legal aid.” Criminal cases, failed promise of Gideon More than 50 years ago, an inmate from a Florida prison convicted of petty theft from a pool hall handwrote a request of certiorari to the Supreme Court of the United States. He had been denied a lawyer at trial and had represented himself – making an opening statement, cross-examining witnesses. But he was convicted. Earlier, the Supreme Court had issued a string of opinions setting forth various standards for when defendants must be given counsel. The hodgepodge string of cases left trial courts deciding when defendants should be appointed an attorney on a case-by-case basis. The handwritten note and Clarence Earl Gideon’s plight caught the attention of the Supreme Court, who appointed him one of the finest lawyers of the time – Abe Fortas – to advocate his case before the court. The court unanimously sided with Gideon and declared defendants have the right to an attorney in all felony cases. Gideon was retried with an attorney and acquitted. But the idealism ended there. From the beginning, the Gideon principle has been an unfunded mandate with few people standing up and proclaiming more tax dollars should be spent defending the indigent accused. Across the United States, public defender offices may be administered at the state level or at the county level. In 27 states, including Ohio, offices are funded and administered primarily on the county level. According to the U.S. Department of Justice, these county offices handled 4 million cases and had almost $1.5 billion in expenses in 2007, the last year for which full data is available. On average, county offices have seven litigating public defenders on staff, 73 percent of which exceed the ABA’s maximum recommended limit on cases per attorney. In addition, nearly 40 percent of county offices have no investigators on staff. U.S. Attorney General Eric Holder launched the Department of Justice’s Access to Justice Initiative in 2010. The program aims to improve indigent defense, enhance access to legal services for the


[ Access Crisis ]

Bringing services to the YWCA Family Center

“I just believe that as lawyers in the community we have certain skills, and we should be volunteering our time for people who need legal services.” — Sherri Lazear ’85

While working as a board member for the YWCA Columbus, Sherri Lazear ’85 discovered a perplexing problem: Legal problems were blocking the path to jobs and housing for many of the residents of the organization’s emergency shelter for homeless families. While there are legal aid clinics and services available around town, none seemed to quite meet the needs of the families staying in the shelter. “Many of the residents do not have access to cars. Even though there were other legal clinics around town in the evening, if you have to take two buses with your children to get there, you probably are not going to be able to have access to these services,” Lazear said. With the assistance of fellow board member Sally Bloomfield ’69, Lazear founded a legal aid clinic right at the YWCA Family Center. There are more than 50 lawyer and law student volunteers who regularly volunteer and provide advice with issues, including expungement of criminal records, landlordtenant issues, creditor issues, domestic relations issues, and bankruptcy. “It is called a brief advice and referral clinic because we try to resolve issues for residents right on the spot, and if they cannot be resolved, then we refer them to other resources in the community, including the clinics at Moritz and Capital (University Law School), Legal Aid, or pro bono attorneys throughout the area,” said Lazear. The legal clinic is a collaboration between many different groups in the Columbus community, including the Legal Aid Society of Columbus, YWCA Family Center, Columbus Bar Association Pro Bono Committee, Moritz, and Capital. “The energy behind the YWCA Family Center clinic has been a great model because they have had such a robust turnout of attorneys,” said Dianna Parker ’05, pro bono coordinator for the Legal Aid Society of Columbus. “Sherri and Sally do such a great job as leaders, and having two such well-respected and well-known people involved really helps with attorney recruitment. Having private bar leaders that are willing to step up really motivates volunteers.” Lazear came up with the idea of a clinic in January of 2012. It opened on May 1, 2012 and has served more than 400 residents. “Bringing together that many people went faster than I thought. There was no one that I reached out to who wasn’t willing to help. The response was overwhelming,” Lazear said. “A passion of mine is having access to legal services. I just believe that as lawyers in the community we have certain skills, and we should be volunteering our time for people who need legal services.”

economically disadvantaged, and promote alternatives to court-intensive solutions. “I have been in public defense for three decades, and especially over the past 10 years, there has been an effort to be tough on crime. There has been almost a feeding frenzy at our state Legislature to tack on collateral consequences to up sentences while decreasing funding to organizations that represent poor people,” said Theresa Haire ’82, deputy director of the Office of the Ohio Public Defender. “In essence, Gideon has in a way sanctioned bad behavior in criminal courts throughout Ohio. It has come to the point that if you are an innocent poor defendant with a warm body that has a law license sitting next

to you, and you go off to jail – too bad. The system is set up so if you try to appeal what happens to you, the bar that was set up by Gideon – the right to assistance of counsel – is so low that the odds of you of obtaining relief after the fact are prodigious.” In Ohio, local boards of county commissioners determine what type of public defense system will be used. Some counties have public defender offices, while others have agreements with nonprofit organizations, court-appointed counsel, or the Office of the Ohio Public Defender. In Lucas County (Toledo), public defender services are contracted to the local legal aid society. In 2012, Franklin County (Columbus) handled >> Moritz College of Law | S U M M E R 2 0 1 3

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[ Access Crisis ]

BARBARA PECK

statewide public defense systems, citing a uniformed approach, better training opportunities, and more stable funding as leading to higher overall quality and consistency. The Ohio Public Defender Commission made a similar recommendation in its 2012 annual report, calling for “the creation of a unified indigent defense delivery system to ensure quality, efficiency and accountability within the system.” The report also recommended pay parity between prosecutors and public defenders, minimum rates for appointed counsel, mandatory caseload standards, increased training and certification, and denial of reimbursement for poorly performing, court-appointed attorneys. “The system is very much aimed at avoiding trial,” Haire said. “Often the pre-trial hearings are set six or so weeks after the arrest, and the defendant is sitting in jail for this time. It is not surprising that they plead guilty when they have been sitting in jail, and their only option is to sit there longer if they want to go to trial. During this time, the defendant may have lost their job, housing, possessions, significant others, and pets while they are waiting. These poor people all have real lives, and there are real consequences.”

“I think some attorneys are leery of pro bono because they feel like they are going to be on the hook and be this client’s attorney for life.” — Dianna Parker ’05

>> more than 70,000 cases compared to more than 38,000 in Cuyahoga (Cleveland) and 37,000 in Hamilton (Cincinnati). Cuyahoga County has about 100,000 more people than Franklin County, while Hamilton County has about 300,000 fewer people. The budget for Franklin County is just over $12 million a year, while Cuyahoga and Hamilton counties operate for just over $10 million. The state does reimburse counties for some defense costs, which averages out to about one-third of the county’s total indigent defense budget. The DOJ and other organizations have called for 46

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Stop-gap measures Money, of course, is the ultimate solution, but increased public money is also unlikely at a time when courthouses are struggling just to stay open. “Open and accessible courts are not a luxury. They are an absolute necessity in a free and civilized society. They are guaranteed in both the United States and Ohio constitutions,” Chief Justice O’Connor said. “Access to justice should be an essential part of any state’s legal system, and the need to meet that goal has only increased in these times of economic stress.” In addition to the trend toward access to justice commissions, some solutions proposed include: • Increased pro bono involvement Increasing pro bono involvement from the private bar is a key objective for many legal aid programs. “Through the pro bono program, we are expanding what legal aid is able to do with our limited staff, especially considering our funding cuts in the past several years,” Parker said. “We run several referral projects, which means that clients who contact Legal Aid who are deemed eligible and as having a real legal problem are referred to private attorneys. We do that for landlord-tenant issues, consumer debt, foreclosure, and tax. Legal Aid also sponsors several brief advice clinics each month. They are run entirely by volunteer attorneys, who are covered by Legal Aid’s malpractice coverage.” Several states are considering the prospect of


[ Access Crisis ] requiring pro bono work as part of bar membership requirements. Currently, New Jersey is the only state that has made pro bono a requirement. While there is no set number of hours required, courts may assign a pro bono case to an attorney, and the attorney must see the case through completely. The majority of cases involve violation of domestic violence restraining orders, municipal appeals, and parole revocation hearings. Once a year, attorneys may file to be exempt from the requirement. However, the courts have not been very sympathetic to pleas for recusal. “Real estate attorneys, corporate counsel, experts in commercial leases, all have been assigned to represent indigent defendants charged with simple assault, driving while intoxicated; all were required not only to learn how to defend those cases but to find out where the courthouse is,” the New Jersey Supreme Court wrote in an opinion upholding the pro bono assignments. New York recently required new attorneys to complete at least 50 hours of pro bono work before they can be admitted to the bar (hours can be performed while in law school). California is considering a similar proposal. New York’s Access to Justice program last year initiated a “bridgethe-gap” CLE training program in which lawyer participants receive free CLE training in exchange for 50 hours of supervised pro bono practicum volunteer hours assisting litigants in New York City civil and supreme courts. The program fulfills CLE requirements for first- and second-year lawyers. In its first year, the program was oversubscribed. “Mandatory pro bono can be a challenge,” Parker said. “I like the idea in theory because it would increase the number of volunteers. But we risk getting attorneys involved who don’t want to be here. We have a quality control here at Legal Aid because everything is under our malpractice, and we have to have attorneys representing clients zealously.” Other states do not require pro bono service but do have mandatory reporting of pro bono. In Florida, for example, where reporting is mandatory, just over 50 percent of attorneys report doing some pro bono. The average is approximately 22 hours per attorney and more than 1.5 million hours of service provided annually. In Illinois, where reporting is mandatory, about 30 percent of attorneys provide more than 2.5 million pro bono hours each year. In comparison, in Ohio, where reporting is voluntary, 12 percent of attorneys stated they perform pro bono work, and the number of hours is not quantified. “I think some attorneys are leery of pro bono because they feel like they are going to be on the hook and be this client’s attorney for life,” Parker said. “But, that is not the case. Once the representation has been completed, we send them a closing letter,

and the attorney is done. If a client has another issue, then they need to go back through Legal Aid.” • Unbundling In 2002, ABA Model Rule 1.2(c), which allows for limited scope representation in reasonable circumstances, was adopted in an effort to increase legal services to low- or moderate-income individuals. This so-called “unbundling” allows legal representation to be broken out into separate and distinct tasks that the client can purchase separately. To date, 41 states have adopted the rule. “Some attorneys are more likely to be involved in pro bono if they know they can tailor their representation to what they practice and the time they have,” Parker said. “Given the number of unrepresented litigants we have out there, limited service is better than no service. I think the idea needs to be explored more, but I do think it may have the potential to increase services to low-income people who would otherwise not be able to have any representation.” • Enhanced pro se Across the country, people are attempting to represent themselves in court when they cannot afford or find an attorney. Nationwide, in family court, between 60 to 90 percent of cases involve at least one party who is self-represented. In addition, a Utah study showed that only 3 percent of debt collection cases had attorneys on both sides and in eviction cases – meaning 97 percent of respondents were self-represented. In 2009, the ABA conducted a survey of judges and found that in the majority of courtrooms, selfrepresentation has increased significantly since the Great Recession. Nearly two-thirds of the judges believed that outcomes for self-represented parties were worse than if the party had counsel. In 2006, the Supreme Court of Ohio Task Force on Pro Se and Indigent Litigants made a laundry list of recommendations to improve pro se litigation, including advocating for increased unbundling of services by practicing lawyers. “The Supreme Court of Ohio has been active in supporting litigants that are self-representing,” O’Connor said. “This has an upside and a downside. A lot of times with these access to justice issues that people are coming to court pro se. Sometimes they do themselves more harm than good when they represent themselves, but they do not have access to representation or do not qualify for aid.” The exact solutions may be unknown, but it is clear the status quo cannot remain. “Access to justice should be an essential part of any state’s legal system and the need to meet that goal has only increased in these times of economic stress,” O’Connor said. AR

In Florida, the average reported pro bono work is about 22 hours per attorney, totaling more than 1.5 million hours of service annually.

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[ 1 Degree, 10 Careers ]

1 Degree, 10 Careers They are journalists with J.D. degrees. Our graduates put their legal education to use in a variety of careers, and in this issue of All Rise, we talk with 10 alumni who have combined their law degree with the power of the press. BY MONICA DEMEGLIO

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Clarence M. Dass ’10

Former Weekly Radio Guest WDVD 96.3 and Assistant Prosecuting Attorney Oakland County (Mich.) Prosecutor’s Office How I got this job: For nearly a year and a half after I graduated law school, I hosted a weekly segment, “Swift Justice with Attorney Clarence Dass,” for a Detroit radio station. Each Friday morning, I aimed to teach listeners a different area of the law by using a controversial story or case in the spotlight. Our topics ranged from the legality of posting mugshots on Facebook to suing over a broken heart. Over time, listeners began calling in with their own problems. Listening to their stories and frustrations motivated me to use what I learned on the radio show and in practice and become a prosecutor.   How I use my J.D.: With changes in technology, the economy, and the nature of our profession, practicing law is not limited to the courtroom anymore. Lawyers must think outside the box. I launched “Swift Justice” because the clients I had in private practice often complained the media didn’t cover their cases accurately or discuss a legal issue appropriately. The radio show allowed me to highlight different areas of the law each week, bring attention to important issues, and, most importantly, bring the practice of law to the public.   My most interesting interview: The most impactful “Swift Justice” we did was a story involving a victim of childhood bullying. Many states’ laws were just beginning to adapt to the new types of bullying, and this story highlighted the victim’s frustration in getting adequate legal relief for his injury. Doing that segment compelled me to look into anti-bullying laws in my own state and explore ways to provide victims proper representation. And that begins the story of why I became a prosecutor.

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[ 1 Degree, 10 Careers ]

Erin Moriarty ’77

Steve Roach ’06

How I got this job: I was covering legal and consumer issues for the NBC station in Chicago. I would often show up on the Today Show. In 1986, CBS asked me to move to New York to work for their morning show, CBS Morning News, and then 48 Hours came along. I now cover trials and legal issues for 48 Hours, CBS News Sunday Morning with Charles Osgood and CBS This Morning.    How I use my J.D.: I couldn’t do this job without my law degree. I cover trials regularly and am often asked at the last minute to explain or report on legal issues for other CBS News programs.   My most interesting interview: Hillary Clinton would certainly rank up there, but reporting in Kuwait and Iraq in 2003 as the war began was most memorable.

How I got this job: I helped support myself as an undergrad and in law school by being a coin grader and dealer. At the end of 2005, I joined Coin World – the world’s largest coin publication – as a freelance columnist. When the longstanding editor retired last year, I was named editor.

Correspondent CBS News

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Claudia E. Cruz ’07

Editor Coin World

Editor Mountain View (Calif.) Patch

How I use my J.D.: There’s a certain exactness in language I learned from law school and a certain ability to handle tedious tasks that I learned from studying for the bar exam. Both skills have served me well in my current job. My most interesting story: There have been some exciting events in numismatics (the study of coins, medals, and paper money) in the past few years. During the summer of 2011, I spent two weeks in Philadelphia, providing daily coverage of a federal jury trial involving ten 1933 gold $20 double eagle coins that were allegedly stolen from the Philadelphia Mint in the 1930s and turned up in a Philadelphia family’s safe deposit box. The government confiscated the coins, claiming that they were stolen government property. The government eventually won the case. The coins were significant because of their value. An example – the only one which can be legally owned privately – realized nearly $7.6 million at a 2002 auction. That auction record stood for more than a decade. It was just surpassed by a 1794 Flowing Hair silver dollar that realized more than $10 million at a Jan. 24 auction in New York.

How I got this job: I learned about the position from my graduate school, CUNY School of Journalism, where I graduated from in 2008. How I use my J.D.: A J.D. comes in handy in writing about violations to the municipal code; the application of state and federal legislation locally; arrests and criminal trials; labor negotiations; and, because I work in Silicon Valley, securities and issues of intellectual property (in particular, patent law). My most interesting interview: I’ve had many interesting interviews, but the people who are most fascinating include: Soledad O’Brien, Alex Trebek, the astronauts on Space Shuttle Atlantis, and immigration activist Jose Antonio Vargas, among others.

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[ 1 Degree, 10 Careers ] Tom Bowlus ’94

Editor-in-Chief Bass Gear Magazine, Ltd. and Managing Member The Bowlus Law Firm, Ltd.

Jon Christensen ’81

Restaurant and Wine Reviewer The Columbus Dispatch and Principal Christensen Law Office LLC

Chris Geidner ’05 Senior Political and Legal Reporter BuzzFeed

Editor’s Note: Jon Christensen needs to remain anonymous in his role as a wine and restaurant reviewer.

How I got this job: After working for the Ohio EPA, I joined my father in the practice of law back in my hometown of Fremont, Ohio. My father is now retired, and I am running the firm. I formed Bass Gear Magazine after Guitar World closed up the magazine I used to write for, Bass Guitar Magazine.   How I use my J.D.: As a practicing attorney, the J.D. is, of course, essential. With regard to my role with Bass Gear Magazine, my J.D. was helpful in setting up the company, and the legal writing/review skills are especially helpful in my role as editor.   My most interesting interview: That would be Will Lee (best known for his work on The Late Show with David Letterman). Will is an interesting cat with a deep and varied musical career.

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How I got this job: I actually started my career in journalism before law school. I was assignment editor, producer, and chief photographer for Channel 10 news in Columbus before starting a career in government relations for the Ohio Department of Commerce and the Ohio Department of Health. In 1975, I started writing food and wine pieces for  Columbus Monthly, starting with its first issue. How I use my J.D.: Outside of examining Ohio’s tortured laws governing the way consumers are charged for alcohol, I do find that my training in journalism and law has benefited my writing. Getting as much information into an understandable idiom with the fewest words is always difficult to do. I’d like to think I’ve been trained in the best of both worlds – the plain writing we do for readers and the precise writing we all learn to care about in law school. My most interesting interview: At Channel 10, I had the opportunities to interview Richard Nixon and composer Aaron Copland. My very first story for the debut issue of Columbus Monthly was my most controversial. It was an exposition on the legalized price-fixing of wine in Ohio. People in the wine business were furious with the magazine for publishing it, even though it’s right there in the Ohio Administrative Code for everyone to see. The publisher was very happy with it, though, because it got attention.

How I got this job: In 2009, I moved back to Washington, D.C., where I worked for D.C.’s LGBT magazine, Metro Weekly, through the “Don’t Ask, Don’t Tell” repeal and more. In June 2012, BuzzFeed’s editor in chief, Ben Smith, asked me to bring my reporting to BuzzFeed for the election, the U.S. Supreme Court’s marriage cases, and beyond. How I use my J.D.: I use my degree daily, from analyzing briefs and opinions in the Supreme Court and other cases to examining pending legislation and explaining regulatory changes. I could not do my job without the understanding of the legal world I gained through law school at Moritz. My most interesting interview: I’m going with two interviews. I sat down with Larry Kramer, the author of The Normal Heart, to talk about the LGBT world today. More than a year later, I returned to the same apartment building in New York City to interview Edith Windsor, the plaintiff in the Supreme Court case challenging the constitutionality of the Defense of Marriage Act. I love my job.

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[ 1 Degree, 10 Careers ] Jonathan Peters ’10

Thomas Hodson ’73

James Oliphant ’92

How I got this job: Most recently, I was the Frank Martin Fellow at the Missouri School of Journalism. I got the fellowship as a Ph.D. student at the school. I start teaching journalism and law in the fall of 2013 in Dayton, in the journalism program and law school. I got that position by combining my J.D. with a Ph.D. in journalism. My focus is media law.

How I got this job: I was appointed as director of Ohio University’s public media operations after I served as director of the E.W. Scripps School of Journalism for seven years. Before that, I was a trial attorney in Ohio and both a municipal and common pleas judge. I also served as a judicial fellow at the Supreme Court of the United States. I still act as a visiting judge in Ohio.

How I got this job: I have been a journalist for the last 15 years, specializing in legal affairs but also venturing into politics and policy. I’m a former editor in chief of Legal Times in Washington, D.C. and covered legal affairs and politics for the Chicago Tribune and the Los Angeles Times before this job.

How I use my J.D.: I practice law parttime by representing journalists and news outlets, and I write on legal issues for newspapers and magazines, most recently The Atlantic, Slate, The Nation, Wired, etc. I also blog about free expression for the Harvard Law & Policy Review. 

How I use my J.D.: I use it to review contracts and to approve news copy and broadcast material. I also use it to mediate employee disputes and to follow human resources regulations.

Assistant Professor University of Dayton

My most interesting interview: Putting aside celebrities, who are usually more famous than interesting, I’d say Floyd Abrams, the attorney who won the Pentagon Papers case, or Lord Anthony Lester, the member of Parliament and knight in the French Legion of Honor, who was the architect of Britain’s civil rights laws.

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Director/General Manager WOUB Public Media and Joe Berman Professor of Communication Ohio University

My most interesting interview: Some of the more interesting interviews I have conducted as a journalist have been of the Rev. Jesse Jackson, PBS’s Gwen Ifill, and CNN’s Candy Crowley.

Deputy Editor National Journal

How I use my J.D.: I like to think I use it every day. Not only because of my familiarity with legal and constitutional issues, but because my legal education has given me a framework for analyzing problems. More pragmatically, I think it gives an edge in the marketplace. My most interesting interview: I spent a lot of time with Joe Biden in 2008 before he was the vice presidential nominee. We had a long talk about the death of his first wife while flying in small private plane. In a legal context, I’d say Justice Stevens, who talked about being at the game at Wrigley Field when Babe Ruth called his shot.

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[ Tales from the Clinics ]


[ Tales from the Clinics ]

Tales from the

Clinics

Great lessons learned in courtrooms, with clients BY CAITLIN ESSIG

TODD CALLENTINE

B

y participating in the Civil Clinic, Matt Grimsley ’13 gained more experience than

many young attorneys who have been practicing for years. “During the clinic I had the opportunity to litigate on behalf of a client in a three-day civil jury trial,” Grimsley recalled of his experience as a 2L. “It was a great opportunity that many practicing attorneys have not experienced.” At The Ohio State University Moritz College of Law, students have the opportunity to choose from seven different clinics that offer hands-on experience. They may enroll in the Mediation and Legislation clinics (open to 2L and 3L students) and can choose from four litigation clinics (limited to 3L students): Civil, Criminal Prosecution, Criminal Defense, and Justice for Children. The newest clinic, opened in 2012, is the Entrepreneurial Business Law Clinic, in which students provide transactional legal assistance to startup businesses. Many students, including Grimsley, participate in clinics because they offer practical experience

that builds upon what’s learned in more traditional law school lectures and seminars. This combination of deep comprehension of how law practice and theory work together proves to be very powerful. “The clinic was a great experience,” Grimsley said. “It trains students to be lawyers and not just legal scholars. Out of all my law school classes, clinic is what really gave me the confidence I needed to practice law.” George Kiamos ’13 worked with Grimsley on the trial in the Civil Clinic. “We represented a truck driver who sued his former employer for owed pay,” Kiamos said. “I cross-examined the defendant and conducted the voir dire of the jury. Few students, if any, will conduct a voir dire before they have been in practice for a few years. The clinic is a great opportunity that I think all students should try and take advantage of.” Alyssa Bowerman ’13 learned about client representation during her semester in the Civil Clinic. Her case involved a man who was being sued by his contractor for insurance money. Bowerman joined >>

Top: Students present their cases and refine litigation skills in the Civil Clinic. Middle: At left, Clinical Professor of Law Terri L. Enns looks over work with students in the Legislation Clinic. At right, Legislation Clinic students meet in the Ohio Statehouse.

Bottom: At left, a student works through a mock trial in the Civil Clinic. At right, the Justice for Children Clinic allows students to argue on behalf of minors.

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[ Tales from the Clinics ] “It was a great learning experience in that I had to remember that this is a client’s life.” -Alyssa Bowerman ’13

TODD CALLENTINE

Students in the Legislation Clinic discuss their work in an impromptu meeting with Professor of Law Steven F. Huefner in the halls of the Ohio Statehouse.

>> the case late but said she immediately wanted to take the case to trial, believing the team could turn the case around and get money for their client. “It just wasn’t in the client’s best interest,” she said. “If the jury saw it as a collections case with a straightforward contract, you know – ‘You signed this contract saying you were turning over all insurance proceeds; you need to pay them’ – then our client would have to pay. Alternatively he could be compensated for this process, but what if he isn’t?” She said this gave her perspective on the importance of focusing on the client. “It was a great learning experience in that I had to remember that this is a client’s life. If he loses, I don’t have to pay for those consequences. He does,” Bowerman said. “And he really wanted to go to trial for our benefit because he knew that we would do a great job, and he wanted us to get the experience. But you could just tell in the mediation that he just so badly wanted it to be done.” The team ended up making a deal in the client’s favor during mediation. She added that the clinic brought her time in law school full circle. “I feel like my law school experience just wouldn’t have been as complete without clinic,” she said. “I mean there’s a huge difference between saying,

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‘I took a class on negotiation and mediation’ and ‘I wrote a mediation statement and went to mediation with a client conducted by a magistrate, and we had a great outcome for our client.’ There’s just a different story there.” Experiences that challenge To get the most out of Ohio State Law’s experiential learning opportunities, Marisol Aguilar ’13 took three clinics – Civil, Criminal Defense, and Mediation. She spent her final semester at Moritz in the Criminal Defense Clinic, where she tackled two different cases that presented their own sets of challenges. “The first case I got was a very complicated case,” Aguilar said. “It was a sorority that had been involved with some allegations of hazing, and I represented one of the sorority members. So it was extremely complicated because there were so many defendants. “We subpoenaed about 30 people. In the words of (Professor) Bob (Krivoshey): ‘It was a circus.’ We had to do a lot of discovery, read a lot of witness statements, look at a lot of videos of their statements, and just try to come up with something.” Aguilar’s second case involved just one defendant, but interpretations of the chain of events leading to her client’s charges in the case were scattered. Her client was accused of stealing. He claimed he had thought the property was his, as he had walked away from it and then returned. Aguilar and her partner only had surveillance video — with no audio — from which to build a case. “I don’t know how many times we looked through the footage, and we came up with different stories about what had happened,” Aguilar said. “And then, finally, we brought (the client) in, and he explained it to us. It was just eye-opening about how you can interpret things differently even though you were looking at the exact same thing.” Challenges came at Aguilar from all angles, and some were brought on by Krivoshey’s approach in the courtroom. “Bob has a very sink-or-swim philosophy to teaching,” Aguilar said. She then recalled one exchange with her professor in the middle of courtroom proceedings. Krivoshey turned to her: “OK, you have to say something.” “I’m sorry,” she said, “I’ve never been before a judge. What should I say?” “Just say something.” “But what?” Aguilar laughed about the experience. “By that time, it was too late. The judge already expected me to say something. I had to just make up something on the fly.” Upon hearing Aguilar’s version of the events, Krivoshey laughed and offered that any alleged


[ Tales from the Clinics ] “sink-or-swim” approach only applies to students he knows are fully capable of swimming. Ariel Brough ’13 participated in the Criminal Prosecution Clinic and said the struggle for her was grasping the real-world implications of her work for the Delaware City Prosecutor. “The toughest part was being a student making decisions that directly impact people’s lives,” Brough said. “When we’re considering what deal we’re willing to make, what’s fair, and what will have the best outcome, that directly affects someone’s life. In the domestic violence cases I worked on, we had to consider the victim’s future safety, while considering how much evidence we have to prove something actually happened. Even in these misdemeanor cases we’re making real, weighty decisions.” She said clinics have the distinct benefit of offering practical experience, a sentiment echoed by many law students who take them. “I’d definitely recommend that students take a clinic, especially by their second or third year, because it gives you a chance to put your knowledge to use,” Brough said. “You’re given control to make decisions, consider evidence, and decide what will win at trial. It’s great experience.” While enrolled in the Mediation Clinic, rising 3L Jessica Wirick worked as a mediator with the Franklin County Municipal Court. She worked on cases ranging from thefts, to roommate and landlord-tenant disputes, to employers’ claims that employees failed to do their jobs. Her biggest challenges arose from the actual practice of working with her clients. “Typically when they would come in, the parties aren’t happy,” Wirick said. “They’re coming to court, so there’s something that’s upsetting both sides, whether they are the person who brought the claim or the person coming for the claim. A lot of times there are many underlying issues, and one person isn’t the only one at fault. We’re trying to get below what’s actually on the surface.” Working as a mediator didn’t just expose her to angry clients arguing with each other, though. “The most rewarding part was when (the two parties) would come to a resolution, and I’d be able to write up some kind of agreement for them to follow,” Wirick said. “I had two parties walk out hugging, kissing, and they went to go get coffee.” Beyond the courtroom Moritz’s Legislation Clinic gives students opportunities in research, analysis, and navigating the legislative process. In this clinic, students work with leaders of the Ohio General Assembly and other key legislative players in government offices. >>

Drawing on clinic experience in his career Every time he “walks the triangle” in the courtroom, Avonte CampinhaBacote ’08 has his Civil Clinic experience from The Ohio State University Moritz College of Law in his back pocket. That’s where Campinha-Bacote learned to perform one of the most common tasks for a trial attorney: When introducing evidence, first approach opposing counsel, then the judge, and, lastly, the witness. “The clinics were the most helpful and practical classes that I took in law school,” Campinha-Bacote said. “I got to play attorney. And now in my practice, I’m remembering a lot of the things I learned from being in clinic.” As founding partner of Campinha Bacote LLP (CB Law), he heads the general practice firm of seven lawyers, including another Moritz alumnus, Carlton J. Willey ’08, also a partner in the firm. Its offices are based in Columbus, San Francisco, and Chicago. Specializing in litigation, he represents a slew of clients, from corporations to private people and reality stars, such as Farrah Abraham of MTV’s 16 and Pregnant and Teen Mom. Heading his own firm, though, was a far-sought notion just five years ago. After graduating from Moritz, he joined Thompson Hine LLP as an associate. He left the firm a year later due to layoffs and joined a small Cincinnati firm, Webb & Pillich, LLC, where he primarily practiced immigration law. Sitting behind a desk instead of standing in front of a courtroom allowed Campinha-Bacote to rethink his career goals: “Being a part of a small firm, I got to see the intricacies about how the operations work. … I realized I might have a knack for bringing in businesses and bringing value to a firm.” Campinha-Bacote launched CB Law in 2010, gaining his footing under his mother’s health care consultation service, Transcultural C.A.R.E. Associates. He filed 15 copyright infringement cases for her, and, in that time, he said, his Mediation Clinic experience proved useful in negotiating a settlement for seven of the cases that resulted in a lawsuit. “I learned a lot of techniques and tools in mediation to bring the parties to an agreement,” he said. He added the success of those settlements was startling – the first procured more than his entire year’s salary at the time. “That gave me the ability to start (my firm). I had the financial capacity to hire more people and I had the confidence,” he said. “It luckily worked out perfectly.” Now, Campinha-Bacote says, CEOs of companies he once sued are reaching out to him for representation. — Sarah Pfledderer

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TODD CALLENTINE

[ Tales from the Clinics ]

Students take part in a mock legislative hearing in the Ohio Statehouse.

“We were often in agreement. Other times there were many, many differing opinions.” -David Hodapp ’13

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>> David Hodapp ’13 said participating in the clinic reaffirmed his interest in using his law education to pursue a career in policy and politics. “The clinic provided me the unique opportunity to interact with Ohio’s decision-makers. It not only gave me a behind-the-scenes perspective on the legislative process, but also challenged me to substantively contribute as a member of the office,” Hodapp said. “It impressed upon me just how complex and important, yet rewarding, this work can be.” Monika Perry ’13 took the Legislation Clinic with Hodapp. She said the clinic was valuable because she was exposed to different career paths for lawyers, and she gained experience working in government offices, the Ohio Board of Regents specifically, producing work that mattered. “I researched a lot of interesting topics that are actually pertinent to people our age,” Perry said. “I went to panels on medical marijuana, how drug testing affects unemployment, tuition freezes and locks, and other things. I felt like my research was used and valued and that my opinion was meaningful as someone who was closer in age to the people who are affected by the decisions the Board of Regents made.”

T H E O H I O S TAT E U N I V E R S I T Y

Hodapp added that working with the other students in the clinic enriched his experience because they opened his eyes up to a diversity of perspectives on the legislative process. “It was fascinating to hear my classmates’ reactions to the developments at the Statehouse,” Hodapp said. “We were often in agreement. Other times there were many, many differing opinions.” A third clinic that offers experience outside of litigation is the Entrepreneurial Business Law Clinic, in which students aid startup and emerging businesses in need of legal assistance. In the clinic, students offer legal service in areas such as business formation and governance, regulation of Internet commerce, employment contracts, due diligence, valuation and finance, licensing, and intellectual property issues. One of the clinic’s clients in the fall of 2012 was I Heart Garments, a charity crowd-funding site that allows people to submit a “heartfelt story” connected to a cause. If the story is accepted, I Heart starts a campaign with a monetary goal, to be met through the sale of garments designed to connect to the cause. I Heart Garments creates the clothes, ships them, and donates $8 per item sold to the cause supported by the story. Chenee Castruita ’13 appreciated the company’s mission and Columbus roots. “Working with I Heart Garments was exciting because it’s a locallygrown business with a business model that depends on community interaction,” Castruita said. She said she felt like a valuable addition to the team as legal counsel because she was able to pick up on how startup businesses need help foreseeing the kind of legal protection they might need. “It’s our job to troubleshoot issues ahead of time,” Castruita said. “For example, I Heart never thought of the need to have it expressly stated that the designs they came up with belonged to them, until another organization began using the artwork for its own purposes. That’s something that legal counsel would have thought of fairly early on.” Along with working with an entrepreneur and gleaning insight on the way many startups have unique business models involving new technology or new ways to communicate through that technology, Castruita picked up a trove of practical skills. “I interviewed clients, drafted multiple agreements for I Heart, and registered their trademark,” she said. “Those are practical skills I can take with me into the real world, and the experience in client interaction will prove indispensable when I approach new clients in the future.” Affecting clients’ lives For Nadia Zaiem ’13, who took the Justice for


[ Tales from the Clinics ] In his final semester at Moritz, Ellis enrolled in the Criminal Defense Clinic, which offered a different kind of experience with a different type of client. “In the Criminal Defense Clinic, the stakes are high because there is a possibility of your client having to serve jail time. The clients often view you as their last hope,” Ellis said. “You have to be confident, committed to the cases, and reassuring toward the clients so they’ll know you are putting forth your best effort.” He said a key lesson he learned was how to work collegially with opposing prosecutors. Additionally, his clinic experience allowed him to refine a wide variety of skills. “It was an opportunity to match theory with actual practice, match theory with real cases and real clients,” Ellis said. “You have the opportunity to make creative arguments — nothing is outside the realm of possibility because you’re working with a licensed, experienced professional.” Ellis called his clinic experience “rewarding” because he felt he had a positive impact on his clients’ lives. “It was really satisfying,” he said. “Some clients would hug me or cry and express sincere thanks. Some offered to take me out to dinner. They were just so thankful to have someone there to help them in their time of need. So that was just a bonus on top of the practical experience.” AR

TODD CALLENTINE.

Children Clinic as a 3L, practice outside the classroom was a vital part of her law education. Being able to practice law while having the safety of a professor to supervise her and keep her on track made her feel comfortable. “It was nice not having to have my first real legal experience be out in the real world, where I’m on my own,” she said. “So I think it’s just a way for me to take what I learned in the classroom and actually be able to apply it, but at the same time get experience without being worried that I’m making a big mistake.” Zaiem’s biggest surprise from participating in the clinic was the juxtaposition between the chaos of the court and how long it can take for a case to process. “I had one case that I thought was going to be a simple, open-and-shut case, and then it ended up lasting the whole semester. As far as I know, it’s still not over yet,” she said. In the Justice for Children Clinic, Zaiem had a slightly different clientele than those who participated in other litigation clinics — her clients were all minors. “One of the things I was worried about was that while I had some legal experience, I had never really had to interact with a child as a client,” Zaiem said. “So one of the things early on that I wasn’t sure I’d be able to do was communicate effectively with them. It’s a very complicated process for the average person, let alone a child.” Charles Ellis ’13 also participated in the Justice for Children Clinic, specifically working with abuse and neglect cases, as well as a juvenile delinquency case. “When working with the child welfare system, you can have a case where that particular child’s interest is not directly aligned with what the law says should happen,” Ellis said. “But sometimes we can find an exception and make a case as to why the course embraced by the child is superior. For example if the law says that it is time for the child to go back and live with their family, but the child is doing well and desires to remain with their foster family, we would want to explore all options that would meet the child’s needs and interest. The interest of the child is the No. 1 priority.” He said in regards to working on a juvenile delinquency case, he appreciated learning how the system is geared toward rehabilitation for the child involved. “It’s satisfying that you, along with the court, are working toward actual rehabilitation in a criminal case in juvenile court,” he said. “Sometimes kids make bad decisions that lead to them facing charges, but it’s not too late to turn their lives around if they want to.”

“One of the things I was worried about was that while I had some legal experience, I had never really had to interact with a child as a client.” -Nadia Zaiem ’13

Nadia Zaiem ’03 and Assistant Clinical Professor of Law Kimberly Jordan pose during a break from proceedings as part of the Justice for Children Clinic.

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Juan Lozada-Leoni ’04, chief of international law and legal engagements for the U.S. Army South, poses at Fort Sam Houston in San Antonio, where he is stationed. After emigrating from Venezuela to the U.S., he initially planned to work in immigration law.


[ The Bridge Builder ]

From

Immigrant to

International

Bridge Builder

JENNIFER WHITNEY

Juan Lozada-Leoni ’04 came from Venezuela with a desire to practice law and serve his new country BY SARAH PFLEDDERER

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[ The Bridge Builder ]

T

quite pivotal for Lozada-Leoni. “Three of the most important things in my life happened,” he said. On Nov. 5, Lozada-Leoni took his lawyer’s oath for the Texas bar. On Nov. 15, he started his first job as a defense attorney for a small firm in Harris County, Texas. On Nov. 19, he became a U.S. citizen. He became an assistant district attorney in January 2005, and, six months later, he kept true to his plan and joined the Army Reserve. He entered as a JAG Corps officer and transferred to active duty service just a year later. He volunteered to be put in a unit slated to deploy to Iraq. “My country needed me, and I think that was the one time people were not applying to the Army. People were leaving because deployments were getting to them. I felt this was the time to step in,” he said. “For me, that was very important.” Lozada-Leoni said the 13-month deployment was the biggest challenge he faced since immigrating to the U.S. In addition to fighting for his country, he was fighting to make it home to a growing family. His wife, Linda, had given birth to their son while he was serving overseas. “Every time I went on a convoy, got in a helicopter, or was in a small base, and was getting rocketed, I honestly thought about my family. I thought, ‘Wow, am I going to see my kids again?’ ” The hardships of deployment didn’t deter Lozada-Leoni from serving his country longer, though. He’s been serving for seven years, straying from the kind of law he thought he would practice “I was very interested in immigration law when

Juan Lozada-Leoni ’04 rides inside a Mine-Resistant Ambush Protected vehicle in Baghdad, Iraq in February 2008.

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PHOTO COURTESY OF JUAN LOZADA-LEONI ’04

hree years after graduating from The Ohio State University Moritz College of Law, Juan Lozada-Leoni ’04 was exactly who and precisely where he wanted to be. He was a U.S. citizen, specifically an Army JAG Corps officer, traveling over Kuwait in a Lockheed C-130 aircraft to Iraq. While he had to clear more hurdles to get there than most of the soldiers in his unit, Lozada-Leoni, now the chief of international law and legal engagements for U.S. Army South, says, “I feel very much like an American.” Through his entire undergraduate and law school academic career, Lozada-Leoni identified as an immigrant. He came to the U.S. in 1997 from Venezuela with meager English language skills and two goals in mind: to go to law school and then serve his new country. “I think for most immigrants, you move to a new country, and the one thing that you always think about is, ‘How can I earn my place in this society that has given me so much?’ ” he said. “Ignoring the debt with this nation was not something I could do.” Joining the Army for three years was always Lozada-Leoni’s intent, but because of difficulties gaining citizenship, he had to put that plan on hold. In his first semester at Moritz in November 2001, Lozada-Leoni applied for citizenship. The terrorist attacks of Sept. 11, 2001, however, stalled the application process. He didn’t become naturalized until after graduating from law school. The first few weeks of November 2004 were

“I always felt that being from Latin America, I could serve as a bridge (to the U.S.). … My dream was always doing something that would marry the two places that impacted my life the most and gave me my identity.” – Juan Lozada-Leoni ’04


[ The Bridge Builder ]

Influencing classmates, fellow immigrants Upon his arrival to the U.S. when he was 19, Lozada-Leoni took a year to settle into the culture. He moved to be with his wife, who was attending school in Texas at the time. Unfamiliar with the U.S. education system, Lozada-Leoni assumed he would be able to go directly to law school. He didn’t realize an undergraduate degree was required to obtain a J.D. in the U.S. Also without much knowledge of the English language, he geared up for higher education by teaching himself English with audio books and CDs. “That was one of the challenges because, for lawyers, words are everything. You’ve got to be able to communicate very effectively,” he said. After a year of learning English, Lozada-Leoni attended University of Texas-Austin, where he studied Latin American Studies. Studying his culture from an outsider’s perspective was fascinating, he said. His decision to go to law school stemmed from his grandfather being a lawyer. “It’s a family tradition. My grandfather served as a Supreme Court Justice (1963-64) and then as the Attorney General of Venezuela (1964-69). He was a very good lawyer,” Lozada-Leoni said. “That’s kind of what I wanted to do. I came to the United States wanting to study law.” Moritz, he said, was a sure choice for him after he attended an admitted students’ visitation program. “Every other law school, the message was, ‘You’re lucky we accepted you.’ At Moritz, it was, ‘Yes, you’re lucky to have been accepted here, but we also feel pretty lucky you’re coming.’ That was neat,” he said. “It really set the stage for my law school experience.” Christopher M. Fairman, the Alumni Society Designated Professor of Law, had a hand in Lozada-Leoni’s recruitment because he also attended UT-Austin. “It was a natural connection to reach out and help encourage him to come here,” Fairman said. He never knew Lozada-Leoni was an immigrant while attending law school. “It makes his accomplishments all the more dramatic.” Law school presented a few challenges for LozadaLeoni as well. Even with a fair English foundation, he said the legal terminology shook his confidence. “That first year was pretty stressful. I felt like I had >>

TODD CALLENTINE

I first applied to law school. That’s what I thought I was going to end up doing,” Lozada-Leoni said. “I always felt that being from Latin America, I could serve as a bridge (to the U.S.). … My dream was always doing something that would marry the two places that impacted my life the most and gave me my identity.”

The members of the Immigration Law Society pose on the steps of Drinko Hall for their 2012-13 student group photo.

Society hopes to connect students with immigration law professionals The Immigration Law Society has undergone several changes in the decade since being founded by Juan Lozada-Leoni ’04. After going through a brief period of being dormant, energies were renewed last year by Joyce Garcia ’13. Tim Myers, a rising 3L and secretary of the society, said a reason for the hiatus was likely a tepid interest in that particular area of law. “Immigration law is not exactly the most prominent field in law,” he said. However, Myers joined the organization in his first year at Moritz to familiarize himself better with immigration law, an area which he’s now focusing his studies on at the law school. ILS is working to increase its membership base, and attendance at meetings has been growing steadily, Myers said. He added that officers have made a point to schedule more events at the law school for members, including organization dinners, presentations on immigration law, and co-sponsored lectures with other student groups. One of the missions of the executive board is still to connect students with practicing immigration law attorneys. “We try to not only be a social community, but a link to people who are interested in immigration law,” Myers said. “We want to be more than just an organization.” Immigration law attorneys interested in connecting with students interested in this specialty area should contact Myers at myers.1254@osu.edu.

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[ The Bridge Builder ]

Juan Lozada-Leoni ’04, right, gives a presentation to the Peruvian Special Forces about Rules of Engagement and Escalation of Force, with Maj. Jesse Greene, currently deputy director of the U.S. Army Center for Law and Military Operations.

COURTESY OF JUAN LOZADA-LEONI ’04

From left, Juan Lozada-Leoni ’04 walks with Maj. Gen. Butch Tate, the deputy judge advocate general for the U.S. Army; Brig. Gen. Waldo Martinez, the judge advocate general of the Chilean Army; and Rear Admiral Julio Pacheco of the Peruvian Navy, the director of the Peruvian Military Justice School.

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>> to work three times as hard as anybody else,” he said. “It really worked out in the end, but it was challenging.” Lozada-Leoni received special permission to work while attending law school full time. He didn’t even use exams as an excuse to call off for shifts at the Papa John’s where he worked. “I was delivering pizza to one of my classmates the night before my Criminal Law exam,” he said. He was appreciative of the job, though. LozadaLeoni said, “(The U.S.) is a country where you can do that. You can find a job that pays you a wage you can live with and gives you the opportunity to make any dream you might have possible.” After his first year at Moritz, Lozada-Leoni said his dream became to help immigrants like him. This interest, he said, was borne from more than personal experience. It started when he heard of the South Texas Pro Bono Asylum Representation Project (ProBAR), a nonprofit organization that allowed law students interested in immigration law to represent detained immigrants and asylumseekers in Harlingen, Texas under the supervision of a licensed attorney. From there, his interest in immigration law grew stronger. “I couldn’t just ignore something that was affecting the community I came from. Not just the Hispanic community, but the immigrant community,” he said. “If I had any power or any say over the matter, then I was going to make sure to do what I felt was right.” His fervor for immigration law had an effect on other students as well, including Lozada-Leoni’s close friend and classmate Krista Eyler ’04. In his second year, Lozada-Leoni started the Immigration Law Society, formerly named the Ohio State Law Students for Immigration and Refugee Rights, with the help of Eyler and a faculty sponsorship from Fairman. Fairman said he didn’t expect the organization to develop as quickly as it did. “He very rapidly had a constitution drafted, bylaws drafted, all these documents in place. He had officers elected and had things up and running. Within the course of a semester he was able put together an organization that he really was the backbone of at first.” Eyler, who is an immigration attorney at Immigration Attorneys, LLP in Tampa, Fla., echoed Fairman’s remarks about Lozada-Leoni steadfastly starting the organization. “Juan’s passionate about everything he does,” she said. “I’ve never in my life met somebody who is as determined and focused and just an exceptional go-getter.” ILS made two trips to Harlingen to participate


[ The Bridge Builder ]

Serving for his country, family Lozada-Leoni was practicing immigration law on base at Fort Hood. As a legal assistance attorney for the Army, he helped reconstruct the base’s military naturalization program. Since then, he has served as a military prosecutor in Iraq, a defense military attorney in Germany, and an assistant staff judge advocate at the U.S. Army Medical Command in San Antonio. Now, as chief of international law for the U.S. Army South, LozadaLeoni oversees “bilateral and multilateral legal engagements” between the U.S. and most countries south of the Mexican border, primarily in Central America, the Caribbean, and South America. His main responsibility is to develop and grow good working relations with military attorneys in those regions. Lozada-Leoni serves as a subject matter expert in international humanitarian law and human rights law in seminars and working groups. He helps foreign JAG officers evaluate their own training programs in operational law through assisting their efforts to improve their military justice codes by giving presentations about the U.S. Army JAG Corps’ structure to military legal corps

“I understood when I chose this life in the military I don’t get to decide necessarily where I live or what type of work I do. As long as I’m doing something for the Army, for my country, I’m happy.” –Juan Lozada-Leoni ’04 in the region that may find the U.S. model appealing. The position, which is normally a two-year assignment, also requires him to travel frequently. He is scheduled to travel to several countries in Europe, Central America, and South America this year. “Right now I’m enjoying it, but at the end of the two years, I might be feeling the miles,” he said, adding that he’s looking forward to spending more time with his wife and four kids. This year, Lozada-Leoni will go in front of a promotion board with the hopes of being selected for a promotion to the rank of major. If given the opportunity to earn an LL.M. in military law at the U.S. Army JAG School in Charlottesville, Va., with the promotion, he said he wouldn’t mind dabbling in criminal law next. “I do miss the courtroom sometimes. I think if I could do this too, for the rest of my career, that would be just an incredible thing. We’ll see,” he said. “I understood when I chose this life in the military I don’t get to decide necessarily where I live or what type of work I do. As long as I’m doing something for the Army, for my country, I’m happy.” AR

Juan Lozada-Leoni ’04 poses with his family in Heidelberg, Germany in 2009, when he was assigned to the U.S. Army Trial Defense Service in Mannheim Office, Germany. From left is his wife, Linda, son Mateo, son Juan Nicholas, and daughter Juanita.

COURTESY OF JUAN LOZADA-LEONI ’04

in ProBAR during fall break of Eyler and LozadaLeoni’s second and third years of law school. Eyler said those trips were what influenced her to pursue a practice in immigration law. “We would go there and, under supervision, meet with detained immigrants, or nonimmigrants, and see what legal options they had. We would help them in whatever capacity we could,” Eyler said. “From that point on, that’s what I decided I wanted to do.” Eyler never took an immigration law course at Moritz. It was Lozada-Leoni who introduced her to the area. “I didn’t really have a lot of exposure to immigrants. He was probably the first one I knew as someone who wasn’t born in the United States,” she said. “(But) even though he was an immigrant, I never saw him as an immigrant. He was just Juan.” Working with ProBAR also turned Lozada-Leoni on to public service work and helped him graduate as a Public Service Fellow with the Dean’s Highest Honors. He had completed about 550 hours of legal community service by the time he left Moritz. Fairman always expected Lozada-Leoni to gear his career toward that and something with an “international flavor.” He was right. “I didn’t see him at a big firm doing corporate work,” Fairman said. “Where his career has gone is kind of the way most new lawyers’ careers go. They take different paths, not always the ones that you would predict.”

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[ Exit Interviews ] JANAY STEVENS

S W E I V INTER From trying cases in clinics or externships to tearing up the moot court circuit and finding their legal calling, six members of the Class of 2013 reflect on their time at Moritz and share their future plans. BARBARA PECK

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When Janay Stevens ’13 packed her bags and left the alpine slopes and crystal clear lakes of Reno, Nev. three years ago, she did more than relocate for law school. She found herself a new home.  “I am an only child and daddy’s girl so it is hard,” she said. “But Columbus is definitely the right fit for me. It is a big city with a small-town feel and the most fantastic people.”  Stevens will be working at Dinsmore & Shohl LLP’s Columbus office after graduation in the labor and employment practice group. She spent the past two summers at the firm.  “I love the diversity of labor and employment law, and I welcome the idea of working with employers proactively,” she said.  The University of Nevada undergraduate is now a full-fledged Buckeye fan, attending every home game in the three years she spent in Columbus. She was the business editor of the Ohio State Law Journal and played a significant role in the new student organization SPEAK.  “I am very passionate about SPEAK and helping people engage in difficult conversations,” she said. SPEAK stands for Students Promoting Empathy, Action, and Knowledge. Stevens took the Justice for Children Practicum, Mediation Clinic, and Civil Law Clinic while at Moritz.  “All three clinics were so different,” she said. “In the children’s clinic, my clients were young children, which required a different method for explaining things and working together. In the Civil Clinic, I was fighting to get a terminated employee’s paid time off paid. And, in the Mediation Clinic, I did not have a client and needed to be neutral. I had so many different experiences.”

“Columbus is definitely the right fit for me. It is a big city with a small-town feel and the most fantastic people.”


[ Exit Interviews ] AMANDA PARKER

“Being a judge would be my dream job.”

BRANDEN ALBAUGH

On his way through law school, Branden Albaugh ’13 was able to experience firsthand all three levels of the state judiciary in Ohio. “Being a judge would be my dream job,” Albaugh said. But, before he makes a run for the bench, Albaugh will start out as an assistant district attorney in Philadelphia this fall. After his first year of law school, Albaugh secured a summer position at the Franklin County Prosecutor’s Office in the Appellate Unit, a position he continued to hold as a law student. Besides performing traditional law clerk duties, Albaugh made two appellate arguments before the Ohio 10th District Court of Appeals during his final year of law school. “The first one was a state’s appeal of an expungement case,” he said. “The argument went well, but we lost the case. The 10th District has since certified the ruling as being in conflict with decisions from other appellate districts, potentially paving the way for review by the Ohio Supreme Court. The second case was an appeal for ineffective assistance of counsel. I am waiting on a decision. Because I received my legal intern certificate, I also was able to put my name on written briefs as a 3L.” Albaugh was also an extern for Judge Guy L. Reece II ’81 in the Franklin County Court of Common Pleas as well as Ohio Supreme Court Chief Justice Maureen O’Connor. “It is unique to be able to experience all three levels of courts,” Albaugh said. “I really enjoyed having the opportunity to see the process at the different levels. It was challenging to go from the role of the advocate, writing persuasively, for the Franklin County Appellate Division, to evaluating the arguments for the Chief Justice at the Ohio Supreme Court.” Albaugh also took the Prosecution Clinic, where he tried both a domestic violence case and a case involving a notorious scrap metal thief. He took Trial Practice with Judge Algenon L. Marbley of the U.S. District Court for the Southern District of Ohio, and his final classroom trial took place in Marbley’s downtown Columbus courtroom. “Judge Marbley’s class was phenomenal,” Albaugh said. “Everyone got up in every class and tried out their skills and Judge Marbley would give constructive feedback. To learn trial skills from a practicing judge was a huge benefit.” Albaugh was on the National Moot Court team and the Ohio State Journal of Criminal Law. He also served on the Inter-Professional Council, representing all six Ohio State professional schools on the University’s Government Affairs Committee.

In May, Amanda Parker ’13 graduated with two degrees from Ohio State – her J.D. and an M.B.A. It took her four years, and she mastered parking on both ends of campus while shuttling between classes as well as very different teaching styles in the two schools. “When I started law school, I didn’t know what I wanted to do,” Parker said. “But, after I took Business Associations and learned about the Moritz Corporate Fellowship Program, I knew I wanted to earn a joint degree. I loved the Fisher College of Business, and classes there are so different than in law school. Every class I had was graded entirely on group projects.” Parker will be a Moritz Corporate Fellow at Goodyear Tire & Rubber Co. in Akron for one year. She is taking the New York bar exam. “I chose New York because it has great reciprocity, and I want to keep my options wide open,” Parker said. “I know I want to work as in-house counsel. I love the diversity of work and getting to really know the business side.” She worked at Deere & Co., most commonly known as John Deere, as in intern while in law school. “I want to be a lawyer, that has always been the bottom line,” she said. “But I loved what I learned on the business side, and I don’t want to have to do one or the other. Working in-house lets me still have those conversations with people in corporate strategy and talk about corporate goals. Often, companies give law firms limited information to narrow the focus of their work and keep costs down.” This year, Parker participated in three different moot court or mediation tournaments, and did not spend a single weekend in Ohio in February. She tied for the Best Mediator award at the Great Lakes Mediation Tournament. She was also on the executive board of the Black Law Students Association while in law school. “It really all flew by very quickly,” she said.

“I chose New York because it has great reciprocity, and I want to keep my options wide open.” Moritz College of Law | S U M M E R 2 0 1 3

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[ Exit Interviews ] TIM WATSON

“I love appellate litigation. I love the writing and the research. I even like Bluebooking.” CHRISTINA KARAM

The career of Christina Karam ’13 was put on a trajectory one day when she sat in the William B. Saxbe Law Auditorium as a 1L listening to a judge speak from the podium. “He wasn’t even talking about clerkships, but it came out as a side note, and I knew I wanted to learn more,” Karam said. Karam will begin clerking this year for Chief Judge James C. Dever III in the U.S. District Court for the Eastern District of North Carolina in Raleigh, N.C. In 2014, she will clerk for the Honorable Edward Carnes of the U.S. Court of Appeals for the 11th Circuit. After that, she has an offer on the table from Cleary Gottlieb Steen & Hamilton LLP in New York City, where she worked last summer, and hopes to focus on litigation. “I have an accounting undergraduate degree, so I thought I might work on the business, transactional side of things,” Karam said. “But I love appellate litigation. I love the writing and the research. I even like Bluebooking.” Karam started developing her appellate advocacy skills as an extern for Judge Jeffrey S. Sutton ’90 of the U.S. Court of Appeals for the Sixth Circuit. She worked in chambers, attended oral arguments, and researched and wrote bench memos. “It was so great just to be in chambers and to discuss the cases,” she said. “Hearing the thought process of the judge was invaluable.” At Moritz, Karam was the chief managing editor of the Ohio State Law Journal and was on the ABA National Moot Court team that made it to the final four in the national competition. “Judge Sutton was one of the judges we mooted with,” she said. “We were so well-prepared, and many of the questions we received during our moot sessions were harder than the ones the judges at the actual competitions asked us.” In the distant future, Karam has her eyes set on a state solicitor general’s office. 66

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For Tim Watson ’13, the battle of smartphones and other electronic devices is much deeper than photo quality, download speeds, and app availability. Watson is moving to Silicon Valley to work in intellectual property and patent litigation for Alston & Bird LLP. Watson, who earned an undergraduate degree in systems control engineering from Case Western Reserve University, will be the firm’s only Ohio State law school alumnus. “Silicon Valley is one of only three places in the country where a lot of IP and patent litigation occurs,” Watson said. “The future of everything is going toward computers. My focus on large-scale systems has a lot of applications to other types of engineering. A lot of what I will be doing will involve computers and electrical engineering. There are a lot of cases involving smart phones and other telecommunications devices, all of which have thousands of patents associated with them.” Watson will take the California bar exam this summer and will likely sit for the patent bar in the future. “I always thought about going to law school in the back of my mind, even when I was pursuing an engineering degree,” he said. “I always did well in my writing courses, which is rare for an engineer. I thought law school would really help maximize my skills.” While in law school, Watson’s experiences ran the gamut. His favorite course was the Legislation Clinic and, after spending a summer as a research assistant for professors Edward B. Foley and Steven F. Huefner, election law would be his alternative career choice. He was also the treasurer of the Public Interest Law Foundation and worked on the Ohio State Journal on Dispute Resolution. “I found that thinking like a lawyer and thinking like an engineer really are not that different,” he said. “They both require a lot of logical thinking and making very structured arguments.”

“I found that thinking like a lawyer and thinking like an engineer really are not that different. They both require a lot of logical thinking and making very structured arguments.”


1950s

“I started taking more criminal law classes and realized this is exactly what I want to do.”

1960s

1970s 1980s

ALYSSA STAUDINGER

Alyssa Staudinger ’13 will be heading to the Nevada desert to work

as a deputy district attorney in the Clark County Prosecutor’s Office, which covers Las Vegas.  After entering law school unsure of what she wanted to do, Staudinger has worked in three different prosecutors’ offices and took the Prosecution Clinic.  “I initially thought I would work at a law firm, and I didn’t particularly like my first-year Criminal Law class,” Staudinger said. “But after my first year, I applied for all kinds of jobs and ended up accepting a summer position at the Delaware (Ohio) County Prosecutor’s Office. I just loved it. I loved the action and the interesting issues. I started taking more criminal classes and realized this is exactly what I want to do.”  The following summer, Staudinger worked at the U.S. Attorney’s Office for the District of Maryland, located in Baltimore. During her third year, she worked for the U.S. Attorney’s Office for the Southern District of Ohio.  “In Baltimore, I worked on a lot of drug and gun crimes,” she said. “I wrote sentencing memos, memos related to the suppression of evidence, and researched the admissibility of certain evidence. I also was able to do some trial prep work and was all ready to sit at the counsel table during a trial, but, of course, the defendant accepted a plea at the 11th hour.”  In the Prosecution Clinic, Staudinger handled three cases.  “Even though I had already worked at both the county and federal level, the clinic was a different experience because there were so many issues like search warrants, collection of evidence, the thought process on deciding  what charges to file that law clerks just don’t normally see.  As a law clerk, the case is welldeveloped by the time it gets to you for research questions. In the clinic, I got to make some of those preliminary decisions, including what I was and was not willing to offer as a plea.”  In Clark County, Staudinger will start in the appeals division and after a year will apply to one of the office’s trial divisions.  “I knew I wanted to be a prosecutor so I applied to just about every office in the country that hires before graduation,” she said. “It worked out well that I am heading to Las Vegas.”

1990s

2000s

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Alumni News

Eyes Horizon With on the

D

avid Scott ’87 gazed out on a windwhipped sea of 50,000 people at the National Mall on Feb. 17. As a member of the Sierra Club’s national board, he was pleased to see the large turnout for the group’s event on such cold day in Washington, D.C. But the environmental activist came home to Columbus only further convinced that more people, more energy, and more attention must be cultivated in order to avert the catastrophic consequences of global warming. Scott brings that passion to his new role as president of the Sierra Club. Fellow board members elected him to the post on May 18. In addition to taking on the more public role of serving as spokesperson at public functions, writing for blogs and op-ed pages, and engaging with donors, Scott also helps lead the organization as a whole with the executive director. It’s a demanding role – but one that comes with great opportunity to affect change globally. “Anyone who isn’t humbled by being elected president of the Sierra Club doesn’t know the history of the environmental movement,” Scott said. “Our past presidents

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include John Muir and Presidential Medal of Freedom winner Dr. Edgar Wayburn. Justice William O. Douglas served on our board, as did photographer Ansel Adams and David Brower. I stand on the shoulders of giants, and I’m gratified beyond words.” During the last three years, Scott served as the national vice president. In that position, he shared responsibility for overseeing the organization’s conservation program. While traditional lands protection work falls under that program, Scott says the group is focusing most of its resources on combatting the policies and apathy that contribute to U.S. reliance on coal, natural gas, and oil. The group’s Beyond Coal campaign alone is a $33 million program involving hundreds of staff members and thousands of volunteers, and that’s just one of four major initiatives in which Scott helps provide leadership. Sitting in a Sierra Club office in downtown Columbus this winter, he quietly discussed scientific research about the need to end all coal emissions in the next 10 to 20 years and to move to renewable energy as quickly as possible. “We’re already seeing what scientists >>

JAMES MILLER

Alumnus leads Sierra Club’s efforts to combat climate change BY MONICA DEMEGLIO


Almuni News

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Alumni News David Scott on… HIS YEARS AT THE MORITZ COLLEGE OF LAW: “I enjoyed law school. It was a real kind of humanities education, as I believe (the late Professor Emeritus) Morgan Shipman once said. ... I took bioethics seminars and a lot of courses that didn’t have much practical application but that appealed to me.” HOW TO MAKE A LIVING IN ENVIRONMENTAL LAW: “We have trained hundreds of private attorneys to do Clean Air Act and other environmental litigation. Rather than doing it all in-house, it made a lot more sense to bring litigators out for a legal boot camp,” he said. “Most environmental lawyers work for employers on an hourly basis, but there are opportunities for attorneys to enforce federal environmental laws and get substantial fee awards – if they win. When Congress passed landmark legislation, it included attorney fee provisions for citizen enforcement of our major environmental laws.”

FRACKING NATURAL GAS: “It’s a slightly slower train to climate catastrophe. The fracking process also releases methane – a far more potent greenhouse gas than carbon dioxide.” BEING AN OBSERVER AT THE 2009 U.N. CLIMATE CHANGE CONFERENCE IN COPENHAGEN: “It was early on in the Obama administration, and world attention had really focused on climate disruption. … Hopes were very high, and they were probably too high for what was politically achievable in 2009.” CHINA’S TRACK RECORD WITH GREENHOUSE EMISSIONS: “The Sierra Club’s trying to move the needle in two ways. We’re fighting pressure for coal and natural gas exports. If we prevent people from burning fossil fuels here and they simply get burned somewhere else, the climate impact’s the same. We are launching a major effort to fight plans to export coal and natural gas, too. “China needs to act, but they’re not going to act until we do. We absolutely need strong international treaties to bind all of the major carbon emitters, but nobody is going to listen to us at international negotiations if we don’t show leadership. We haven’t shown enough.” WHAT HE THINKS THE SIERRA CLUB SHOULD LOOK LIKE 10 OR 20 YEARS FROM NOW: “I’d like it to be a lot bigger. We need a visible, large-scale climate movement in this country. We need a civil rights era, Vietnam War-scale climate movement. It needs to be diverse. It needs to look like this country, which the environmental movement doesn’t look like today.”

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JAMES MILLER

HOW THE SIERRA CLUB APPROACHES RETIRING A COAL-POWERED ENERGY PLANT: “You come up with a plan for each individual plant. Clean Air Act violations are disturbingly common, and we’ve helped retire dirty, disease-producing plants that were 100 years old. The Sierra Club fights those with litigation, organizing, and media campaigns, along with efforts to promote clean energy, increased efficiency, and good new jobs. We partner with community groups and private attorneys, in addition to using our own in-house litigation team.”

>> predicted – more droughts, heat waves, and intense storms,” he said. “In 2009, the National Academy of Sciences signed a joint statement urging governments to cut carbon emissions. The Pentagon started issuing warnings during the Bush administration that we’re going to have international conflicts due to climate disruption. We’ve got bodies like the World Bank warning that we absolutely must avoid the warming scenarios we’re on course for. The difficult thing about climate is that if you’re not an alarmist, you’re not telling the truth about what we’re facing.” The debate over climate change, Scott said, is manufactured by the fossil fuel industry. Ninety-seven percent of actively publishing climate scientists agree on the root cause of climate disruption, he said, adding, “There hasn’t been a debate among actual climate scientists for years. If I’m obsessed with climate change, it’s because I know what’s at stake.” Scott has spent a lifetime taking in nature. He has watched grizzly bears and moose roam the Alaskan tundra and gazed upon cedar trees that are 1,000 years old. His passion for the environment was ignited when he was a boy, staring out from the bluffs and beaches surrounding Lake Erie on summer trips with his parents.


Class Notes “It’s a body of water you can see from space. It’s something to look at – where you can’t see the other side,” he said. “It evokes that kind of awe you get from a forest that once covered the continent or the way the sky looks at Denali. It humbles you.” He took part in Sierra Club-sponsored hikes in the 1970s and 1980s. He became an official member in 1990 and started leading hikes in the Columbus area a few years later. When a spot on the Ohio Chapter’s executive committee opened in the late-1990s, Scott ran for it and became the conservation chair soon after. He’s worked at the national level for the last decade, and he was elected by the general membership to a three-year term on the national board in 2009 and re-elected in 2012. The board selects officers, and Scott was elected vice president for three consecutive years beginning in May 2010.

“Anyone who isn’t humbled by being elected president of the Sierra Club doesn’t know the history of the environmental movement.” In addition to the obligations Scott tackled in that volunteer role, he also has had a busy practice with Disability Rights Ohio, the federally designated protection and advocacy agency for individuals with disabilities. He has concentrated mostly on accessibility and fair housing issues. “It’s also idealistic work, and it’s given me a feeling for how revolutionary the Americans with Disabilities Act was when it was adopted,” he said. “It’s generally making America a more accessible place, and that involves individuals with myriad different needs.” Scott is proud of having built an “activist’s resume,” as he calls it. He shrugs when asked if he ever minds the travel and long hours on nights and weekends dedicated to the Sierra Club and other environmental causes. Despite the dismal outlook on a future with climate change, Scott still considers himself an idealist. “I wouldn’t do what I do if I weren’t. Climate is discouraging because the stakes are so high. There’s already too much carbon dioxide in the atmosphere now to avoid Hurricane Sandy on a regular basis,” he said. “But there really are solutions. Germany has days where it gets 30 percent of its power from renewable sources. They changed their laws to be favorable to renewable energy and rooftop solar, and they invest in solar. We haven’t done that, and we need to promote efficiency through building codes, improvements to the grid, crafting policies that support renewable energy.” AR

1950s Russell Booth Jr. ’57 announced his retirement and closing of his Cambridge, Ohio practice on Jan. 22. He is a beloved member of his community for not only his law skills, but his interests in history and music. Frank Quirk ’58 has been named recipient of the 2013 Ohio State Bar Association’s Eugene R. Weir Award for Ethics and Professionalism, recognizing exceptional professional responsibility among Ohio lawyers. The 80-year-old Akron attorney specializes in the field of legal ethics, putting on seminars for lawyers and judges about the ethics of technology. He is the head of The University of Akron School of Law’s Joseph G. Miller and William C. Becker Center for Professional Responsibility and of counsel at Brouse McDowell.

1960s James F. White Jr. ’65 has been included in the 2013 edition of the The Best Lawyers in America. White is of counsel in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP. His practice includes corporate law, mergers and acquisitions, securities, and taxation. David M. Selcer ’68, a retired partner of Baker & Hostetler LLP, has published a new novel, Deadly Audit: A Buckeye Barrister Mystery, with Cozy Cat Press, which is available on Amazon Kindle. It’s part of a tongue-in-cheek series featuring a Columbus lawyer-sleuth.

Sally Bloomfield ’69 received the Outstanding Pro Bono Service by an Individual award from the Columbus Bar Foundation in May. Bloomfield is a partner in the Columbus office of Bricker & Eckler LLP, where she practices in the regulated industries group. She and her husband, David S. Bloomfield ’69, also spoke at the College’s spring scholarship luncheon about the importance of providing scholarships for students. Michael M. Briley ’69 has been included in the 2013 edition of The Best Lawyers in America. Briley is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in antitrust and trade, corporate compliance, corporate law, and international transactions. William H. Gosline ’69 has been included in the 2013 edition of The Best Lawyers in America. Gosline is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in the areas of estate administration, estate planning, and trusts and estates. Michael G. Long ’69 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. He is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the firm’s litigation practice group.

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Class Notes Jack R. Pigman ’69, counsel to the Columbus office of Porter Wright Morris & Arthur LLP, was inducted as a fellow of the American College of Bankruptcy on March 15 in Washington, D.C. He is one of 39 nominees nationwide to be honored and recognized for professional excellence and exceptional contributions in the fields of bankruptcy and insolvency. Thomas Tarpy ’69 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. He is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and senior partner of the firm’s labor and employment group.

1970s Charles Warner ’70 has been listed in The Best Lawyers in America for 10 consecutive years and recognized by Ohio Super Lawyers as well. Warner practices in the area of employment and labor law for Porter Wright Morris & Arthur LLP. John W. Hilbert II ’71 has been included in the 2013 edition of The Best Lawyers in America. Hilbert is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in the areas of antitrust and trade, commercial transactions, corporate law, mergers and acquisitions, real estate, and other business law.

Court is now in session. Support the Moot Court Program by serving as a judge. All alumni welcome. Contact Elizabeth Sherowski at (614) 292-0943 or sherowski.2@osu.edu.

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Richard Lynn Mann ’71 has started a lecture series on the unintended dangers of the cyber world after more than 37 years as outside state counsel for the Ohio Association of Secondary School Administrators. In a little more than two years, his series has been given to more than 35,000 middle and high school students, more than 4,000 teachers and administrators, and 1,000 parents. Mann is a sole practitioner in Westerville, Ohio. Mary Ellen Fairfield ’72 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. A partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, she is a member of the firm’s litigation group. Fairfield also represents the Moritz College of Law on The Ohio State University’s Alumni Advisory Council. Frank A. Ray ’73 received the Bar Service Medal from the Columbus Bar Association in June for his long history of distinguished service to the organization. It is the highest honor accorded by the Columbus Bar Association, according to the group’s website. Ray, principal of Frank A. Ray Co., L.P.A., has practiced in Columbus for 40 years in civil litigation and appellate matters. He also received a 2012 Professionalism Award from the Ohio chapter of the American Board of Trial Advocates; won Columbus Lawyer of the Year in the category of Plaintiffs Personal Injury Law for 2013; was named a “Tier One” law firm by U.S. News & World Report and The Best Lawyers in America; and received designations in the 2013 listings from The Best Lawyers in America in the category of “Bet-theCompany-Litigation.”

Karl May ’74 has joined the law firm of Kadish, Hinkel, & Weibel in Cleveland. His practice areas include broker/dealer and investment advisor regulation; Securities and Exchange Commission, Financial Industry Regulatory Authority (FINRA), and state enforcement and licensing proceedings; nonpublic securities offerings; commercial and securities litigation; and business law. Suzanne K. Richards ’74 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. She is a retired partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and was a member of the firm’s litigation practice group. Richards joined the College’s National Council in 2012 and is serving a five-year term. Louis E. Tosi ’74 has been included in the 2013 editions of The Best Lawyers in America and Ohio Super Lawyers. Tosi is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP. His practice includes environmental law, federal court litigation, appellate practice, and litigation. Frederick S. “Fritz” Coombs III ’75 was named to the 2013 Ohio Super Lawyers List by Super Lawyers in the field of bankruptcy/creditors’ rights. This is the fourth consecutive year he has been named to the list. He chairs the creditors’ rights practice of Harrington, Hoppe & Mitchell, Ltd. in Youngstown, Ohio.


Alumni Event

‘NOT FOR ONESELF’

TODD CALLENTINE

Students, alumni, university and military dignitaries, news reporters, and the family and friends of rising 3L Capt. Jenna C. Grassbaugh and her late husband, Capt. Jonathan D. Grassbaugh, packed the William B. Saxbe Law Auditorium on April 5 for the announcement of a special project aimed at helping Ohio veterans receive legal assistance they need. The Captain Jonathan D. Grassbaugh Veterans Project at The Ohio State University Moritz College of Law will launch in the fall, thanks to a $250,000 donation Jenna Grassbaugh made in honor of her husband, who was killed in action in Iraq in 2007. During the April 5 event, she shared with the audience her husband’s personal motto of “non sibi,” which means “not for oneself.” Fundraising continues, as the College tries to get matching support so more veterans can be helped. For more information about the Grassbaugh Veterans Project and how to donate, see our story on Pages 26-29.

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Alumni News

The ProblemSolver JAY MALLIN

After selling company to Google, Raj Malik ’98 focuses on next venture BY MONICA DEMEGLIO

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ebecca Malik had a problem. The online merchant with discerning taste in interior design and home furnishings had products customers wanted to buy on her website, 17thandRiggs.com. She saw the traffic from where they pored over pages of elegant lamps and designer wallpaper, and she saw that they often were enticed to place a few items in their virtual cart. But the shopping experience tended to stop right there. Her customers just couldn’t pull the trigger. “There was some hesitation to spend $1,000 or $2,000 on a piece of furniture with a small business,” explained her husband, Raj Malik ’98. “We figured it had to do with not knowing if she was a reputable dealer.” At that time, Malik was working at a small tech company. He and a colleague came up with the idea of creating a “reputational seal” for online merchants – scoring retailers based on an algorithm that assigned values to certain data about the retailer. The number of years in business, the kind of shopping experience, the quality of the product, and more were accounted for in a score ranging from the 0 to 1,000. It was a novel concept, and they registered the patent for it. Their startup, KikScore, started with seven employees, all of whom had daytime jobs. The company was built during their evenings and weekends, quickly growing to more than 1,700

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customers from New Zealand to New Jersey and included major industry leading partners, such as Shopify. As customer service calls began to roll in during the regular work day, Malik and his team knew they needed to keep growing the business and look for their next large partner. Little did he know that a routine phone call with a friend from his law school days would have such monumental consequences. On a cold Friday in February, Malik faced a long drive from Virginia back to his home in Washington, D.C. He dialed up Anuj Goswami ’98, and the conversation eventually turned to the latest news with KikScore and the need for a new partner. “We are a bootstrapped startup,” Malik told Goswami. “We haven’t taken any venture capital.” “Who would be your ideal partner?” Goswami asked. “Well, Google. But who doesn’t want to partner with Google?” Goswami laughed: “Today’s the luckiest day of your life, Raj.” Goswami, a partner with Ballard Spahr LLP in Philadelphia, had a friend visiting that weekend who was a decision-maker at Google. Malik forwarded KikScore’s background summary and pitch deck to Goswami, figuring it couldn’t hurt, but not expecting too much. By June 2012, Malik and his team had closed a deal with Google, which absorbed KikScore’s technology and platform into its Google Trusted Stores Program. Shoppers who buy from a Google


Class Notes Trusted Store can choose free purchase protection and more, while retailers on the list can improve their sales because they have demonstrated that they are reliable merchants. “This sale would not have happened without the introduction made by a longtime friend from Ohio State law school,” Malik said. “I hate to say the trite thing of ‘it’s who you know,’ but it’s critical to build and maintain that network every day.” Looking for ‘green field space’ Besides maintaining meaningful relationships with former classmates, colleagues, and mentors, Malik believes that being active in multiple pursuits only leads to more opportunities. As a second- and third-year student at The Ohio State University Moritz College of Law, he worked at the Office of the Ohio Attorney General. That experience led to his first job out of law school as an assistant attorney general in the antitrust division. He took on a leadership role early with a pharmaceutical case involving 33 states. When the lead

“This sale would not have happened without the introduction made by a longtime friend from Ohio State law school.” – Raj Malik ’98 attorney had to go on maternity leave, Malik stepped up. He fought off a motion to dismiss and coordinated multistate discovery. The case ended in a $108 million settlement – the largest settlement in the history of state attorneys general in antitrust at the time. Malik was only 26. It was at that time that the global Wall Street-based law firm White & Case LLP offered him a job in its Washington, D.C. office. He spent the next six years with the firm’s practice group specializing in antitrust, competition, and mergers and acquisitions. It was a small group of attorneys in the practice group at White & Case, giving Malik the opportunity to tackle advanced and complicated work. He landed big clients, including a major pharmaceutical client, and was up for partner in 2005 when he realized what work he was especially passionate about. “I did so much merger work, and it got me in the business mindset. I was examining the barriers to entering an industry, how innovative that industry was, the efficiencies of putting two companies together, and whether there are anticompetitive results,” he said. “But in the practice of law, you’re not able to get in on the ground floor with the business folks to help shape the

John N. MacKay ’75 was named a Lawyer of the Year by The Best Lawyers in America in the category of “Toledo Banking and Finance Law.” MacKay is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in the areas of banking and financial institutions, real estate, public law, and public finance. Robert A. Minor ’75 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Minor is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the labor and employment practice group. Jonathan Norman ’76 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Norman is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the labor and employment practice group. Kevin R. McDermott ’77, a partner in Barnes & Thornburg LLP’s Columbus office and a member of the firm’s litigation department, was named to the 2013 Ohio Super Lawyers List by Super Lawyers. McDermott has been named a “Super Lawyer” every year since 2004. Dennis P. Witherell ’77 has been included in the 2013 edition of The Best Lawyers in America. Witherell is a

partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in health care and nonprofit organizations.

David Swift ’78 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. Swift is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the tax group. Thomas C. Fenton ’79 has been named managing director of the Louisville, Ky. office of Morgan & Pottinger, P.S.C. Fenton is also a member of the firm’s executive committee. His practice includes banking and finance law, commercial lending transactions, and related commercial litigation. In February, Fenton was honored by the Lincoln Heritage Council of the Boy Scouts of America for distinguished volunteer service and became a recipient of the Silver Beaver Award – the organization’s highest honor – for service in a council. His son, Robert, an Eagle Scout, presented the award to Fenton. Regina M. Joseph ’79 has been included in the 2013 edition of The Best Lawyers in America. Joseph is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in commercial transactions, corporate law, intellectual property, mergers and acquisitions, and securities law.

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JAY MALLIN

Alumni News

Meet Raj Malik Born and raised: In Stow, Ohio.

daughter, Asha, and a 1-year-old son, Evan.

Ohio ties: Even though he lives in Washington, D.C. now, Malik returns to the Buckeye State often to visit parents in Gahanna and a brother in New Albany. He describes himself as a “manic” fan of the Browns and Ohio State football.

Outside of work: Hiking in the national parks is a welcome retreat from city life for the whole family. Malik also enjoys playing on the floor with his kids and chauffeuring Asha to karate class. “It is so fulfilling to do that. Being an entrepreneur gives you some degree of freedom to make your own schedule work for you.”

Not-so-manic… Was his wife, Rebecca, during the Ohio State-Michigan game in 2002. While the other 105,538 people in Ohio Stadium that day recall the jubilation of the Buckeyes beating their archrivals and clenching a National Championship berth, Rebecca recalls being miserably cold. “We laugh about it all the time,” Malik said. “People would have died to be there, and she says, ‘It was so cold that day.’ ” Education: Miami University, B.A. in political science; The Ohio State University Moritz College of Law, J.D. Family: He and wife Rebecca have a 3-year-old

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Advice for law students: “Be absolutely tenacious in your career. There are so many times when you’ll be kicked and you’ll have to pick yourself back up. I face it almost every day as the owner of a startup – and this is my second one! But this leads to my second piece of advice: Talk to people. Find different kinds of mentors – the ‘stretch mentor’ who will help you get to the place you want to be 20 years from now, the mentor for the job you have now, the mentor who will help you make the leap to another industry.”

strategy and business direction. It’s so reactive – we’ve just been sued or want to merge – as opposed to sitting at the table and saying ‘What should we do? Where should we market?’ ” he said. “It’s sort of a green field space there on the business side as opposed to the legal side of the spectrum.” He left White & Case in 2005 and became senior director, legal and business affairs at Network Solutions, a small tech company with about 700 employees. Malik would sit in on business meetings and offer his thoughts not only on legal issues but how he thought customers would respond to what was being proposed. Soon, executives were asking for his opinion from a business, marketing, and operations perspective, and he eventually was named general manager over a new $20 million unit. “The management team at Network Solutions knew we were developing KikScore in our off-hours, and they were extremely supportive,” Malik said. “But the general manager post was going to have to become the priority. So my co-founder took on more of the responsibility with KikScore.” Network Solutions was sold to Web.com in 2011, which allowed Malik to dedicate his energies wholly to the startup venture at KikScore. That enabled him to focus on coordinating and negotiating the sale in June 2012. Telling your professional story After selling KikScore to Google for an undisclosed sum in 2012, Malik was ready to move on to his next startup: Infusd. To the average observer, it first looks like a Pinterest page for one’s professional life. But for those working in industries where it’s difficult to paint a picture of one’s accomplishments, Infusd could be revolutionary. In a piece he penned for the company’s website, Malik explains how Infusd came to be. He was at a White & Case holiday cocktail reception and reminiscing with former coworkers about the work they did over his six years with the firm. “My journey there, which was full of hard-earned accomplishments, huge outputs of work product and major successes for global clients, for now, only lives in one primary place – my head,” he wrote. Why couldn’t someone take the verbal timeline people give in job interviews and turn it into an online experience that is more visual using content that’s already available on the Internet? “You won’t come across a reference about me in the news articles about the WebCT sale to Blackboard,” Malik explained. “But there’s no reason that I can’t grab that piece of content, post it to my Infusd timeline, and tell a little narrative about it. I think it’s a way for you to put together your online professional legacy.” Malik and his team know the model will be a success with companies, universities, and other entities looking for a way to lasso information about their organizations and present it in a way that tells a compelling story about the impact they make. “Gone are the days of the dull press release pages that no one ever reads,” Malik declared. “At Infusd we really are passionate about helping people and companies tell comprehensive, deeper, and more visual stories about their successes and accomplishments.” AR


Class Notes Timothy C. McCarthy ’79 has been included in the 2013 edition of The Best Lawyers in America. McCarthy is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in the areas of educational and religious organizations, labor and employment, public law, and public finance. John M. Stephen ’79, a partner at Porter Wright Morris and Arthur LLP’s labor and employment department, has been nominated as a BTI Client All-Star for 2013. He is just one of 28 attorneys to have the distinction. Stephen works in the firm’s Columbus and Dayton offices. Evelyn Lundberg Stratton ’79 has joined Vorys, Sater, Seymour and Pease LLP as of counsel in the firm’s Columbus office. Stratton retired as a justice at the Ohio Supreme Court at the end of 2012. Thomas D. Sykes ’79 has joined Gould & Ratner LLP as a partner in the tax controversy practice in Chicago. An experienced tax attorney and litigator, Sykes brings more than 30 years of tax and trial experience to the firm, focusing primarily on tax compliance and controversies, including tax litigation in all forums. His national practice includes advising and representing some of the nation’s most prominent individuals, corporations, and tax-exempt organizations. He also handles tax controversies respecting state and local taxation, including the Illinois Department of Revenue and the City of Chicago.

John P. Wellner ’79 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. Wellner is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the finance, energy, and real estate group.

1980s Douglas G. Haynam ’80 has been included in the 2013 edition of The Best Lawyers in America. Haynam is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in the areas of alternative dispute resolution, appellate practice, commercial litigation, environmental law, federal court litigation, nonprofit organizations, real estate, and zoning and land use. Chris J. North ’80 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. North is a retired partner of the Columbus office of Vorys, Sater, Seymour and Pease LLP and was a member of the firm’s labor and employment practice group. Steven  Pecinovsky ’80, a graduate of the Office of Personnel Management’s Federal Executive Institute, was selected for the Harvard Kennedy School of Government’s Senior Executive Fellow program.  Pecinovsky is the chief of staff for the Department of Homeland Security’s U.S. Citizenship and Immigration Services in Tampa, Fla.

Carl D. Smallwood ’80 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. A partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP, Smallwood is a member of the firm’s litigation group. Rachel Geiersbach ’81 was promoted to vice president, legal at Advance Auto Parts. Geiersbach will be responsible for all corporate governance and securities law for the company and will take on the responsibility for employment law and other claims oversight. Philip J. Halley ’81, a shareholder with the Milwaukee office of Whyte Hirschboeck Dudek S.C., was recognized by Best Lawyers as Lawyer of the Year 2013 in Milwaukee in the category of “Litigation – Trusts and Estates.”

Daniel J. Minor ’81 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Minor is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the firm’s finance, energy, and real estate group. Richard D. Schuster ’81 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Schuster is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and chairperson of the toxic tort practice group. Benita A. Kahn ’82 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. Kahn is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP. She chairs the technology and intellectual property group and is a member of the public utilities group.

BIG CASE, BIG DEAL Alan G. Brenner ’83, a partner in the New York City office of Simpson Thacher & Bartlett LLP, was on a team that represented J.P. Morgan Securities LLC and JPMorgan Chase Bank, N.A. in connection with a new five-year, $550 million term loan facility for Philadelphia Energy Solutions Refining and Marketing LLC (PESRM). PESRM is a leading manufacturer of petroleum and petrochemical products, and it owns and operates two domestic refineries. PESRM is also the largest oil refiner on the Eastern seaboard, processing approximately 330,000 barrels of crude oil per day. Brenner was part of the corporate team leading the transaction. He has been a partner of the firm since 1996 and practiced in both the Hong Kong and Singapore offices before that. Do you have a Big Case or Big Deal to share? Send information to demeglio.1@osu.edu.

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Alumni Event CONGRATULATIONS, CLASS OF 2013

TODD CALLENTINE, MONICA DEMEGLIO, AND LISA EGGERT

Who knew three years could pass so quickly? Yes, members of the Class of 2013 certainly were challenged and tested during their years at The Ohio State University Moritz College of Law. But, during an April 25 send-off in Drinko Hall, classmates also reminisced about the fun they had together at fundraisers for the Public Interest Law Foundation and even in those late-night study groups. Finally, the moment they all worked so hard for arrived on May 10. A total of 238 students were hooded during a ceremony at Mershon Auditorium before friends and family. Prior to the ceremony, friends gathered for one last snapshot or a quick giggle with a classmate’s children. The College congratulates the Class of 2013 on its many achievements and wishes all the best of luck as they prepare for bar exams this summer.

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Class Notes Mitchell A. Weisman ’83, a trial attorney with the Cleveland firm Weisman, Kennedy & Berris Co., LPA, has been named an Ohio Super Lawyer by Super Lawyers. Weisman, an elected member of the International Academy of Trial Lawyers since 2008, has won many large cases, including some sevenfigure verdicts for his clients. Demetries Jo Neely ’84 is the new executive director of The Kings Art Complex, known for its mantra as being the “soul of the city” in Columbus. The board of trustees, on which she served for 12 years, named her to the post in September. She worked at Nationwide Insurance for 22 years prior to retiring in 2008. Patricia A. Shlonsky ’84, a partner at Ulmer & Berne LLP, was included by Ohio Super Lawyers on the 2013 lists for Top 50 Female Lawyers in Ohio and the Top 25 Female Lawyers in Cleveland. Shlonsky chairs the employee benefits and tax practice groups at the firm. Additionally, she recently was appointed to the Board of Trustees of Cuyahoga County Public Library. Shlonsky has been a member of the Cuyahoga County Public Library Foundation since 2008. Elizabeth T. Smith ’84 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Smith is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and member of the firm’s litigation group.

Susan S. Box ’85, a partner in the Akron, Ohio office of Roetzel & Andress, was honored as a 2013 Ohio Super Lawyer in the personal injury defense field by Ohio Super Lawyers. Dan Weiss ’85 has launched Counterpart CFO, offering shared CFO services to organizations that cannot justify the expense of a full-time CFO. Prior to that, he served as interim executive director of the Jazz Arts Group. Peter A. Igel ’86 has joined the Cleveland firm Tucker Ellis LLP as a partner focusing primarily on tax law. He represents clients in a wide range of matters, including general state and local tax planning, appeals, audits, and litigation; public

finance; white collar defense and investigations; and estate and succession planning. Jennifer Mailly ’86 has been awarded the 2013-14 Teaching Scholar Award by the Center for Excellence in Teaching and Learning at the University of Connecticut School of Law. An assistant clinical professor, she teaches Legal Analysis, Research and Writing and Interviewing, Counseling and Negotiation as part of the firstyear Lawyering Process curriculum. Mailly also oversees the Individual Externship program, in which students earn credits for experiential learning at field placements throughout the legal community, has taught academic support programs for second-year law students, and helped design a yearlong series of academic success workshops for first-year students.

David J. Rectenwald ’86 has been included in the 2013 edition of The Best Lawyers in America. Rectenwald is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, where he also is coadministrator of the trusts and estates practice. David J. Coyle ’87 has been included in the 2013 edition of The Best Lawyers in America. Coyle is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, practicing in the areas of commercial litigation and bankruptcy, insolvency, and creditors’ rights. Randall D. LaTour ’87 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. LaTour is a

BIG CASE, BIG DEAL Michael J. Segal ’83 is part of the team advising Michael Dell in his bid to take Dell, Inc. private in a $24.4 billion buyout. Segal is one of 10 partners from the New York City office of Wachtell, Lipton, Rosen & Katz to work on the deal. He is the senior partner in the executive compensation and benefits department for the firm. Dell, Inc., the world’s third-largest producer of personal computers, in February announced plans to be sold to a group led by its namesake CEO and the investment firm Silver Lake. The Dell-Silver Lake group is offering to acquire the company for $13.65 a share. The transaction is pending approval of regulators and shareholders. If completed, it would be the largest leveraged buyout since the economic crisis began, as reported in The American Lawyer. Another investment group has a competing offer of $12 a share, while allowing investors to retain stakes in the company. However, analysts say the Dell-Silver Lake offering is likely to prevail in light of lackluster first-quarter profits that make the cash buyout more attractive. Do you have a Big Case or Big Deal to share? Send information to demeglio.1@osu.edu.

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Class Notes partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and the leader of the bankruptcy practice group. G. Randall Ayers ’88 has joined the Cincinnati office of Keating Muething & Klekamp PLL as a partner. He helps employers manage all issues related to labor relations, including collective bargaining, arbitration, and litigation disputes involving collective bargaining agreements and proceedings before the National Labor Relations Board and state labor agencies. He also was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers in the employment and labor category.

Rob Cohen ’88 has been selected to chair the litigation practice area at Kegler Brown Hill & Ritter, where he is a director and member of the firm’s trial practice group. Cohen has a wealth of experience representing corporate clients in proceedings of all kinds, and his practice focus includes complex litigation and antitrust litigation. Cohen consistently has been recognized as a leading litigator by Super Lawyers and The Best Lawyers in America, and he was selected as the 2012 “Lawyer of the Year” in Columbus in the area of antitrust litigation by The Best Lawyers in America. Philip F. Downey ’88 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. A partner in

the Akron, Ohio office of Vorys, Sater, Seymour and Pease LLP, Downey is a member of the firm’s litigation group. Thomas N. Littman ’88 has been named CEO of the Beachwood, Ohio private equity firm Kirtland Capital Partners. Littman joined the firm in 1995 and had served as a senior managing partner since 2009. “Tom has played a significant role in our success during the last 18 years, having been involved in fundraising, deal sourcing, due diligence, acquisitions, portfolio management and divestitures,” said outgoing CEO John Nestor. Jim Richey ’88 was honored with the Brevard Bar  Foundation’s  “Community Leader of the Year” award in October, with the organization citing his work to expand educational opportunities for students at Eastern Florida State College, where Richey is president. Steve Charpentier, vice chairman of the college’s board of trustees and former president of the Brevard County Bar, called Richey a “tireless advocate for higher education” and praised his move to expand the college’s mission by offering four-year degrees. John Landolfi ’89 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. Landolfi is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the litigation group.

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Kristin L. Watt ’89 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. Watt is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and chair of the environmental group.

1990s The Honorable  Vincent A. Culotta ’90 was re-elected in November as a judge in the Lake County (Ohio) Common Pleas Court, General Division, an office he has held since April 2004, when he was first appointed by then-Gov. Bob Taft. He then was subsequently elected and re-elected in 2004 and 2006. Daniel A. Klein ’90 has been selected as one of Illinois’ Top 100 Lawyers by Illinois Super Lawyers, National Trial Lawyers, and the American Society of Legal Advocates and is AV rated by Martin-Hubbell. Klein give credit to fellow alumnus Frank A. Ray ’73 for giving Klein his first law clerk start in personal injury and sparking his interest in plaintiff personal injury advocacy. William H. Oldach III ’90 was promoted to partner of the Washington, D.C. office of Vorys, Sater, Seymour & Pease LLP. Oldach is a member of the technology and intellectual property group.


Alumni Event

SPRING SCHOLARSHIP LUNCHEON

JODI MILLER

Almost every student who attends The Ohio State University Moritz College of Law is in need of financial aid. Yet, only 1 of 4 dollars of that aid comes in the form of a scholarship. Students and the donors who support them had an opportunity to gather on April 19 for the Moritz College of Law 2013 Scholarship Award Luncheon. It was a great opportunity for students to say “thank you” to the generous people who are helping them – and a reminder for donors of how crucial their support is to building a strong future for the legal community. To learn more about donating to scholarships, please visit giveto.osu.edu/moritz.

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TODD CALLENTINE

Alumni News

Eight More Years Alumna makes career of advising Ohio’s leaders BY T.K. BRADY

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Class Notes

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ooking out of her corner office window from the 17th floor of the Rhodes Tower in downtown Columbus, Mary Mertz ’02 can see her resume on Capitol Square. She spent eight years in the Rife Building, working for former Lieutenant Gov. Mike DeWine and former Gov. George Voinovich ’61, and eight years in the Huntington Center as an attorney at Squire Sanders and Dempsey LLP. Now, she hopes for eight years in the Rhodes Tower as the first assistant attorney general to Attorney General DeWine. Fresh off Capitol Hill in 1990, Mertz made her way back to Columbus to work for DeWine during his time as lieutenant governor. She previously worked in the Office of Legislative Affairs at the White House during the Reagan administration and for Ohio Congressman Bob McEwen. An eager young woman in her 20s with a degree in political science, serving as DeWine’s chief of staff was an opportunity to jump-start her career. DeWine served as mentor to Mertz, educating her on issues affecting Ohio’s criminal justice system, like appropriate resource allocation or aiding those who are mentally ill in ways that do not involve incarceration. She’s still working on these issues 25 years later.

“There’s a reason I’m being pulled (toward politics) because I really enjoy government and public service and being in that mix.” – Mary Mertz ’02 “It was draining the state budget and not having the impact that we wanted. We needed to be smarter. It wasn’t that we were going to just let the criminals run loose; we were going to lock them up and be smarter about how we deal with it,” Mertz said. Her understanding of Ohio’s criminal justice system landed her a job with Voinovich that allowed her to take the reins on issues involving the law and criminal justice. She also worked on environmental issues affecting Ohio, serving as his liaison to eight state agencies, including the Ohio Environmental Protection Agency. There, she was tasked with overseeing the implementation of the E-Check program, used to identify motor vehicles that emit excessive levels of pollutants into the air. “That was my baptism by fire with the Ohio EPA,” Mertz said. “It was very unpopular, but it was required to maintain … federal EPA standards.” Despite some “steep learning curves” during her time with Voinovich, the experience led to invaluable friendships that Mertz maintains today. After her time in the governor’s office, Mertz earned her >>

Mary Lia Reiter ’90 has been promoted to the rank of full professor in criminology/ sociology at Columbus State Community College in Columbus. She has been with the college since 2001 and teaches courses in criminology, criminal justice, and law and society. Julie Ellen Squire ’90 has been asked to serve as the assistant secretary for the Division of Workforce Development and Adult Learning with the Maryland Department of Labor, Licensing and Regulation. Squire previously was assistant secretary for the Division of Unemployment Insurance, where she worked closely with the O’Malley-Brown administration to improve the fiscal responsibility of the Unemployment Insurance Trust Fund. The Honorable Jeffrey S. Sutton ’90 of the U.S. Court of Appeals for the Sixth Circuit was named chair of the Judicial Conference Committee on Rules of Practice and Procedure. U.S. Supreme Court Chief Justice John Roberts Jr. named Sutton to the leadership position, effective Oct. 1. The Judicial Conference operates through a network of committees, which review issues within their established jurisdictions and make policy recommendations. Jeffrey Clark ’91 is a partner at McGuireWoods LLP in Chicago. His practice is focused on complex commercial litigation with an emphasis on health care litigation.

Keith Faber ’91, a Republican state senator in Ohio, was unanimously elected by the Ohio Senate Majority Caucus to serve as president of the Ohio Senate for the 130th General Assembly. The president presides over the chamber when the Ohio Senate is in session and is in charge of enforcing rules of the legislative body. He also serves as the leader of the Majority Caucus. Faber, who represents Ohio’s 12th Senate District, was first elected to the Ohio Senate in 2007 and has served on the senate leadership team since 2009 when he was elected Majority Floor Leader. Theodore P. Mattis ’91 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Mattis is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the health care and litigation groups.

Robert A. Harris ’92 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers. Harris is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the labor and employment and immigration practice groups. Erika L. Haupt ’94, partner-incharge in the Columbus office of Roetzel & Andress, was named “Lawyer of the Year” for 2013 in the “Columbus Trusts and Litigation” category by Best Lawyers. She focuses her practice on wealth transfer and estate planning matters, business succession planning, tax, and fiduciary litigation.

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Alumni News

>> law degree at The Ohio State University Moritz College of Law. She then took a job with Squire Sanders and Dempsey LLP, where she worked on campaign counseling and election law, in addition to commercial litigation. “There’s a reason I’m being pulled (toward politics) because I really enjoy government and public service and being in that mix,” she said of her time at Squire Sanders. In 2006, Mertz survived a life-changing battle with breast cancer. She went through extensive chemotherapy and lost her hair. “I did the whole wig thing,” she said, pointing toward a black and white family portrait. “Funny thing, for most women when your hair grows back, it grows in curly. So I have the curly ’do up there.” Although it was a difficult time for Mertz, she doesn’t consider the cancer to be something that hindered her career. “Squire Sanders was wonderful. There’s nothing more they could have done to be helpful,” she said. A co-worker introduced Mertz to the organization Susan G. Komen for the Cure. Mertz served on the board and participates in the Susan G. Komen Race for the Cure every year. Her battle with breast cancer made Mertz realize that life is short; sometimes one needs to take a leap of faith. “I’m much more willing to take a risk and live for the ‘now,’ ” she says about life after cancer. With that in mind, Mertz decided to leave her job at Squire Sanders in 2010 to run DeWine’s campaign for Ohio attorney general.

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TODD CALLENTINE

Mary Mertz ’02 has made a career of advising leaders from Capitol Hill to Capitol Square.

It was a gamble, but one that she felt she had to take. “I really wanted him to win, and I really wanted to do it. I thought, ‘If this works out, this could be the best ever.’ So I just did it. I don’t know if I would have done that before,” she said. The past two years as DeWine’s first assistant have made the risk worthwhile to Mertz. Her prior experience as DeWine’s chief of staff has come in handy because of the administrative work involved as his first assistant. Mertz handles the budget for the attorney general’s office as well as hiring. Mertz also works on a wide variety of issues ranging from juvenile justice to cracking down on credit reporting fraud. With Mertz’s help during his days at lieutenant governor, DeWine was able to implement RECLAIM Ohio, a funding initiative that places convicted youth in a community-based program allowing their friends and families to be a part of the treatment and rehabilitation process. It’s worked so well that it has been taken up for consideration on a national level, Mertz says. In the Attorney General’s Office, the DeWine administration is working with the business sector of Ohio to focus on Ohio’s business climate. This means criminalizing the actions of “fraudsters” involved with charities or nonprofits and working to create a better relationship between the private business industry and the public sector. “This is the best job I’ve ever had,” Mertz said. Although she’s not sure where her next opportunity lies, she knows she won’t be ready to leave Capitol Square anytime soon. AR


Class Notes John P. Maxwell ’94, director at Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., was named an Ohio Super Lawyer by Super Lawyers. His practice focuses on insurance defense litigation, general civil litigation, appellate practice, creditors’ rights, business law, and real estate law. Keith Rummer ’94 is senior vice president of human resources and corporate administration for Phillips Edison & Co. As a member of the senior leadership team, he oversees human resources, learning and development, marketing, corporate communications, and information technology for the Cincinnati-headquartered real estate company. Dr. Scott Smith ’94 has joined the international law firm Dorsey & Whitney as a partner with the firm’s Palo Alto, Calif. office. Smith has 12 years of experience as a patent attorney focused on the medical device industry and works in the firm’s patent and life sciences group. His clients range from prefunded, garagestage enterprises to venture-backed startups to publicly traded companies. M. Scott Aubry ’95 was included in the 2013 edition of The Best Lawyers in America. Aubry is a partner in the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP, where he practices in antitrust and trade, corporate law, international transactions, labor and employment, and mergers and acquisitions.

Kirsten K. Davis ’95 spearheaded the first Law and Rhetoric Colloquium at the Stetson University College of Law in Gulfport, Fla., which hosted 12 professors of law, communication arts, and the humanities. Davis is a professor of law and the director of legal writing for the school. Bill R. Hedrick ’96 was awarded the Mayor’s Award of Excellence by Columbus Mayor Michael Coleman for his use of technology to highlight and help arrest individuals with outstanding criminal warrants. Hedrick is the chief of staff for the Columbus City Attorney’s Office.

Arturo Hernandez ’95 was named director of global compliance to RPM International Inc. Hernandez will be responsible for handling the company’s corporate compliance program worldwide. David M. Lilenfeld ’96, founding partner of Lilenfeld PC, has been named in Georgia Trend magazine’s 2012 Legal Elite listings in the category of “Intellectual Property Law.” The listings are based on votes cast by thousands of practicing attorneys in Georgia. Lilenfeld PC is an Atlanta-based intellectual property boutique law firm that assists clients in management and litigation of their trademarks.

Sara A. Sampson ’97 has been appointed as an adjunct instructor at University of North Carolina at Chapel Hill’s School of Information and Library Science and will be teaching the Law Libraries and Legal Information course. Sampson already is a clinical assistant professor of law and deputy director of the law library, responsible for the library’s budgeting, collections, facilities, personnel, and services. She is active and has held leadership roles in library professional organizations and speaks at conferences regularly.

BIG CASE, BIG DEAL The Ohio Supreme Court ordered a Portage County court to reconsider a request for new DNA tests in the murder conviction of a death row inmate, thanks to the efforts of Mark A. Godsey ’93 and his Ohio Innocence Project team. Tyrone Noling was convicted of two counts of aggravated murder and sentenced to death in the 1990 slayings of Bernhardt and Cora Hartig, who were found shot to death in their kitchen in Atwater, Ohio. In 2008, Noling requested that the Portage County Court of Common Pleas allow new tests on a cigarette butt found in the driveway. Earlier testing of the saliva on the butt excluded Noling, and his attorneys suggested that the murderer could have been Dan Wilson, who lived near

the Hartigs. He was later convicted of an unrelated murder and executed in 2009. Noling’s request was denied by the lower court in 2008. He reapplied for testing again in December 2010, following a newly enacted state law allowed for previously “definitive” DNA tests to be conducted again if defendants could show testing advances could reveal case-changing information. Noling’s second request was dismissed, too. “Noling contends that (the state law) significantly changed and expanded the criteria for permitting further DNA testing. We agree,” Justice Judith Ann Lanzinger wrote for the majority. Godsey, a criminal law professor, cofounded and directs the Ohio Innocence Project at the University of Cincinnati College of Law. To date, the program has used DNA evidence to secure the release of 14 people who were wrongly convicted.

Do you have a Big Case or Big Deal to share? Send information to demeglio.1@osu.edu.

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Class Notes BIG CASE, BIG DEAL Scott I. Unger ’96, a shareholder with the law firm of Stark & Stark, PC in Princeton, N.J. recently settled a business breakup case for $2.5 million. Unger’s client was a minority owner of a closely held corporation. The lawsuit alleged that the defendants breached fiduciary duties and violated statutes that were designed to protect business owners that held a minority interest in a business. The defendants asserted counterclaims against Unger’s client. Unger has numerous multimillion-dollar settlements he achieved on behalf of other clients who asserted that they were subjected to shareholder oppression.

Jonathan D. Mester ’98 recently finalized a settlement for a mechanic whose arms were severed after a fire truck he was working under fell from its jacks. Mester is a partner with Nurenberg Paris in Cleveland, and primarily handles cases involving catastrophic injury, wrongful death, and medical malpractice. The case involving the mechanic garnered much media attention in Cleveland. Mester’s client was rushed to the hospital where his arms were reattached. Unfortunately, the mechanic retained only a limited use of his arms and is unable to perform basic activities including feeding and bathing himself. The lawsuit, covered by Cleveland media, was brought against a foreign corporation that manufactured the hydraulic jacks that failed in the accident. Specifically, the case was brought under the Ohio Product Liability Act alleging principally a design defect. Due to the devastating injury, the plaintiff made a settlement demand of $12 million. After utilizing a team of experts from numerous states and several years of litigation, the parties reached a confidential settlement shortly prior to trial. Do you have a Big Case or Big Deal to share? Send information to demeglio.1@osu.edu.

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Mark Wagoner ’97 has been included in the 2013 edition of The Best Lawyers in America. Wagoner is a partner in the litigation practice group of the Toledo, Ohio office of Shumaker, Loop & Kendrick, LLP. Tyson A. Crist ’99  recently published an article in The American Bankruptcy Law Journal, the quarterly journal of the National Conference of Bankruptcy Judges and the most-cited journal on bankruptcy issues. The article is “Stern v. Marshall: Application of the Supreme Court’s Landmark Decision in the Lower Courts,” 86 Am. Bankr. L.J. 627 (2012). Crist is a partner in the Columbus office of Ice Miller LLP. Alexis Payne ’99 joined InfoLawGroup LLP in November. InfoLawGroup concentrates on legal issues concerning privacy, data security, traditional and emerging media, advertising and promotions, consumer protection matters, information technology, e-commerce and intellectual property.

2000s Bryan R. Faller ’00 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. Faller is a partner in Porter Wright Morris & Arthur LLP’s office in Columbus, where he focuses on business litigation.

Jason A. Hill ’00 recently accepted the position of court administrator for the Ohio Sixth District Court of Appeals. Hill also was elected president-elect of the Northern District of Ohio Chapter of the Federal Bar Association. Timothy B. McGranor ’00 was promoted to partner of the Columbus office of Vorys, Sater, Seymour & Pease LLP. McGranor is a member of the litigation group. Melanie Meyer Nealis ’00 and Peter S. Nealis ’00 are moving to Sarasota, Fla. Melanie has accepted a new position as assistant general counsel at Roper Industries in Sarasota, Fla. Peter, a partner at Taft Stettinius & Hollister LLP, and will open a new office for the firm in Sarasota. The couple has two sons, Jackson, 7, and Ethan, 3. Jennifer Towell ’00 has been elected to a three-year term on the United Disability Services Board of Directors. Towell and her husband, Tom, are the parents of two sons, including one with Down syndrome. Towell is a passionate advocate for those who have Down syndrome and writes about being the parent of a child with special needs on the blog Cowgirl Up! She also is a visiting magistrate at Akron Municipal Court. John P. Carney ’01 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been


Alumni Event

MENTORS, STUDENTS SPEND YEAR TOGETHER

MONICA DEMEGLIO AND SARAH PFLEDDERER

Moritz alumni are 10,000 strong. But don’t underestimate the power of oneon-one interaction. Students and mentors participating in the Mentoring and More @ Moritz program this year continued to learn from each other over the course of College-sponsored lunches and informal meetings outside of the office. To become a mentor, contact Mentoring Coordinator Angela Henderson at MoritzMentoring@osu.edu.

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Class Notes practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. Carney is an associate in Porter Wright Morris & Arthur LLP’s office in Columbus, where he focuses on health care law. Jason D. Eisenberg ’01 was elected director of the electronics group at Sterne, Kessler, Goldstein & Fox P.L.L.C., an intellectual property law firm based in Washington, D.C. He provides strategic counsel with regard to opinions, due diligence, complex international prosecution, complex reissue prosecution, ex parte and inter partes re-examination, and patent office litigation (i.e. inter partes review) across a wide spectrum of electrical, mechanical, and optical technologies worldwide. He began his career in intellectual property in 1991, serving as a patent searcher and then patent examiner before attending law school. He applies more than 20 years of patent experience to

craft creative solutions for the companies he represents. Aaron Evenchik ’01, an attorney  at Frantz Ward LLP in Cleveland, was named to the 2013 Ohio Super Lawyers Rising Stars list. He specializes in real estate and construction litigation.

Aaron D. Ford ’01, a Democrat, was elected to the Nevada State Senate for the 11th District, with 62 percent of the vote in November 2012. In February, Ford and fellow Moritz College of Law alumnus Nevada Gov. Brian Sandoval ’89 posed for this quick photo together after a meeting to discuss jobs, public safety, and diversifying the economy.

BIG CASE, BIG DEAL Chelsea Rice ’03, assistant U.S. attorney for the Northern District of Ohio, won a case involving copyright infringement with popular gaming systems. In January, Jeffrey J. Reichert was found guilty of violating the Digital Millennium Copyright Act and later sentenced to one year in prison. In the indictment, Reichert was charged with selling modification chips used to circumvent copyright protection features on video game consoles, such as the Nintendo Wii. Rice, who co-counseled with Robert W. Kern, said this was one of the first cases to go to trial involving such a charge. The initial investigation was conducted by the Cleveland office of the United States Department of Homeland Security, United States Immigration, and Customs Enforcement. Do you have a Big Case or Big Deal to share? Send information to demeglio.1@osu.edu.

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J.R. Hall ’01 has been elected shareholder in the Pittsburgh  firm Dickie McCamey & Chilcote, P.C. Hall concentrates his practice in the areas of commercial and civil litigation, with a particular emphasis in coal, oil, and gas law and toxic tort law. Dominic P. Marco Jr. ’01 has joined the Turnersville, N.J.-based boutique firm of Lauletta Birnbaum Attorneys at Law. Practicing in Newtown, Pa., he will focus on general business and corporate law, including acquisitions and transactions. He served as an associate with Spector Gadon & Rosen, P.C. most recently. Robert J. Morgan ’01 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. Morgan is a partner in Porter Wright Morris & Arthur LLP’s office in Columbus, where he focuses on intellectual property. Jeffrey S. Braun ’02 has joined the firm of Dickinson Wright PLLC  as a member. He focuses his practice on real estate law. Daniel J. Clark ’02 was promoted to partner of the Columbus office of Vorys, Sater, Seymour & Pease LLP. He also was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers magazine.

Clark is a member of the labor and employment group. Christopher W. Elswick ’02 was named a partner in Dinsmore & Shohl LLP’s Cincinnati office. Elswick is a member of the firm’s intellectual property department, and his practice emphasizes patent prosecution and counseling, opinion work, due diligence studies, and development and management of patent portfolios.

Tricia L. Pycraft ’02 and her photo editing skills caught the attention of readers in the March-April issue of Ohio State Alumni Magazine. Alumni send in photos of their best O-H-I-O formation for the magazine, and Pycraft got creative during her 10-year class reunion in October. She snapped photos of her 2-year-old son, Caleb, spelling out each letter in front of Drinko Hall and, through editing, made him appear in quadruplicate in the final image. Pycraft and her family live in Wooster, Ohio. She is a member of Critchfield, Critchfield & Johnston, Ltd. Anthony M. Sharett ’02 has been elected as a partner of Bricker & Eckler LLP. In the Columbus office, he is a member of the firm’s litigation and class action practice groups. He regularly defends financial institutions against regulatory actions and consumer-led litigation in individual and class action matters. He has argued successfully in several Ohio appellate courts and spent more than three years as an attorney with the Ohio Department of Commerce.


Class Notes Ryan P. Sherman ’02 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. Sherman is a partner in Porter Wright Morris & Arthur LLP’s office in Columbus, where he focuses on business litigation. Christian Spears ’02 was selected in April to serve as acting director of Northern Illinois University Athletics. Spears joined the athletics department executive administrative team in April 2009, coming from Southern Illinois University. Promoted from senior associate athletics director to deputy director of Athletics in August 2012, Spears will step up to lead the department following the departure of Jeff Compher. Spears has overseen many of the athletics department’s administrative units, including academic support services, compliance, life skills, strength and conditioning, football operations and equipment. Under his guidance, Northern Illinois ranks among the top in the nation for Academic Progress Rate and Graduation Success Rate. Andrew P. Swary ’02 has been appointed chief legal counsel for Finance Fund, a statewide nonprofit financial intermediary based in Columbus. Swary will advise Finance Fund on all legal matters, including advancing and protecting the organization’s interests in the areas of transactions, corporate governance, compliance, risk management and ethics. Prior to joining Finance Fund, Swary was

a senior associate at Squire Sanders LLP, where he represented for-profit and nonprofit community development entities. Karim A. Ali ’03 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. Ali is a partner in Porter Wright Morris & Arthur LLP’s office in Columbus, where he focuses on business and corporate law. Carissa Clawson ’03 has joined the legal department of Crown Equipment Corp., one of the world’s largest material handling companies. Clawson is an associate general counsel working from the company’s headquarters in New Bremen, Ohio. Previously, Clawson worked in the law department of NewPage Corp. and as an attorney at Sebaly Shillito & Dyer. Matthew O. Hutchinson ’03 was promoted to partner at the Toledo law firm of Shindler, Neff, Holmes, Worline & Mohler, LLP.  Hutchinson practices primarily in the areas of family litigation and criminal defense. He and his wife, Leandra, and their daughter, Hannah, reside in Sylvania, Ohio. Jeffrey M. James ’03 recently made equity shareholder in the Tampa, Fla. firm Banker Lopez Gassler P.A. James’ practice focuses on civil litigation defending professional

liability, product liability, and personal injury claims.

Medicaid managed care, and managed care contracting.

Laura Jurcevich ’03 received the Community Service Award for Attorneys 40 and Under from the Ohio State Bar Foundation. This award recognizes attorneys who donate their time to a local community organization outside of their practice of law.

Deborah A. Boiarsky ’04 has been named a partner at Porter Wright. Working in the Columbus office, she concentrates her practice in the field of employee benefits and executive compensation. She has experience with the design, implementation, administration, amendment, and termination of qualified retirement and health and welfare employee benefit plans for both for-profit and tax-exempt organizations. Prior to attending law school, Boiarsky was a compensation and benefits consultant with both a national human resources consulting firm and a regional accounting firm.

Peter Krebs ’03 was named a partner in Shumaker, Loop & Kendrick, LLP’s Toledo office. Krebs has broad experience representing buyers and sellers of both public and private companies in debt restructuring, insolvency matters, and business reorganizations. Mónica Ramírez ’03 is the acting deputy director of Centro de los Derechos del Migrante, Inc. (Center for Migrant Rights, Inc.). Ramírez joined CDM’s team in August and will be based in the Baltimore satellite office. Ramírez, the daughter of migrant farmworkers, is an activist, attorney, author, teacher, speaker, consultant, and leader. She is a nationally recognized leader in the movement to end sexual harassment and assault against farmworker and lowwage immigrant women. C. Christopher Bennington ’04 has been elected as a partner of Bricker & Eckler LLP. In the Cincinnati-Dayton office, he is a member of the firm’s health care group, and his practice emphasizes the representation of managed care organizations and hospitals on matters involving fraud and abuse, privacy, regulatory compliance, corporate governance,

Greg M. Daugherty ’04 has been elected a partner of the law firm Porter Wright Morris & Arthur LLP. Working in the firm’s Columbus office, his practice consists of executive compensation and employee benefit plan issues for public and private companies and not-forprofit entities. He has assisted companies in designing stockand non-stock-based incentive programs as well as employment agreements, severance agreements, change-in-control and parachute agreements, and other nonqualified deferred compensation plans. He also advises public companies on their executive compensation disclosure obligations under the securities laws. Scott Davis ’04, partner in the Bricker & Eckler LLP construction group, has been accepted for membership in the Calibr Global Leadership Network, a selective professional organization that offers career and professional development,

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Class Notes community service opportunities, and points of connectivity for African-American business professionals. Davis focuses his practice entirely on the construction industry, where he puts his previous experience as a construction company project engineer and construction estimator to good use. He also has developed a niche practice advising hospitals on construction risk management and risk mitigation issues and contract negotiations.

Lindsay Marsico Johnson ’04 has been elected as a shareholder of Freund Freeze & Arnold Co. LPA. In the firm’s Dayton, Ohio office, Johnson concentrates her practice on business litigation, legal malpractice defense, medical malpractice defense, and employment. She is also a member of the 2013 Class of the Ohio State Bar Association Leadership Academy.

Robin L. Grant ’04 was named to the 2013 Ohio Super Lawyers/Rising Stars List by Super Lawyers. Grant is an associate in the Columbus office of Vorys, Sater, Seymour and Pease LLP and a member of the corporate group. She was recognized as a “Rising Star” in the category of “Mergers and Acquisitions.”

Jennifer Nelson Carney ’04 has been elected as a partner of Bricker & Eckler LLP. In the Columbus office, she is a member of the firm’s health care group, and her practice focuses on the day-to-day operations of a variety of health facilities and their dealings with administrative agencies.

BIG CASE, BIG DEAL It was a case that made national headlines: a once-respected state court judge found guilty of buying drugs and soliciting sex from defendants in his court. Zachary C. Bolitho ’07, an assistant U.S. attorney in Knoxville, Tenn., was on the prosecution team in the high-profile federal case. The defendant, Richard Baumgartner, conducted some drug deals in his chambers. He also started having sex there with defendant Deena Castleman, who he knew was involved in a drug conspiracy. Baumgartner lied about her activities to others in the justice system, including three judges and a state prosecutor. He was charged with multiple counts of misprision and of a felony, and he was sentenced in April to six months in federal prison. Additionally, because Baumgartner presided over criminal trials and sentencing hearings while high, there are numerous cases being retried in the state. Do you have a Big Case or Big Deal to share? Send information to demeglio.1@osu.edu.

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Justin F. Oeth ’04 was recently named a shareholder at Reinhart, Boerner, Van Deuren, sc. Justin works in the firm’s real estate practice at the Madison, Wis. office, where he specializes in leasing, acquisitions and sales, development, financings, construction industry, water innovation technology and sustainability, and tax credits. Curtis L. Tuggle ’04 has been elected to partner at Thompson Hine LLP. Tuggle works in the business restructuring and creditors’ rights and bankruptcy groups of the Cleveland office. Michael Berry ’05 has accepted a position as litigation counsel with Liberty Institute, a nonprofit law firm in Plano, Texas. He previously spent seven years as a judge advocate in the U.S. Marine Corps. Paul N. Garinger ’05 has joined the Charleston, W.Va. law firm of Lewis Glasser Casey & Rollins PLLC as its first attorney to be located exclusively in the Buckeye State. Garinger provides legal services to the firm’s oil and natural gas clients, in addition to others. Garinger has experience representing a multinational oil and natural gas company in a largescale, federally regulated pipeline project across the state of Ohio and aided financial institutions in consumer banking disputes under federal and state regulations.

Jack J. Gravelle ’05 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. Gravelle is a senior associate in Porter Wright Morris & Arthur LLP’s office in Columbus, where he focuses on securities and corporate finance. Andre Porter ’05 has been named director of the Ohio Department of Commerce by Gov. John Kasich. Porter has been commissioner for the Public Utilities Commission of Ohio and an attorney at Schottenstein Zox & Dunn Co. LPA, which is now Ice Miller LLP. Kelly Ryan ’05 was promoted to principal at Hinman Straub, P.C. in Albany, N.Y. She is a member of the health law and government relations practice groups. Her practice focuses on legal and legislative representation regarding insurance and health matters, with a special focus on health reform implementation. Adam C. Sturdivant ’05 has been named partner at the Grand Rapids, Mich. law firm Drew, Cooper & Anding. Sturdivant joined the firm as an associate in 2008, after practicing in Columbus. He has experience representing clients in real estate and business contract matters as well as litigating civil rights and personal injury matters. Sturdivant, who practices in both Michigan state and federal


Class Notes courts, was named a Super Lawyers “Rising Star” in 2012 and was recently named one of the top “40 Under 40” litigation lawyers in the state of Michigan for 2013 by the American Society of Legal Advocates. Evan Hirsch ’06 recently joined the Cleveland office of Jones Day as an associate. Hirsch continues to focus his practice on real estate and business law. He and his wife, Michelle, also became the proud parents of their first child, Matthew Bennett, on Nov. 27, 2012. Elizabeth Hutton ’06 joined the law firm of Faruki Ireland & Cox P.L.L. in Cincinnati as an attorney. Hutton recently completed a clerkship at the U.S. Court of Appeals for the Sixth Circuit. In 2010 and 2011, she was named a “Rising Star” by Ohio Super Lawyers. Shaun B. Patsy ’06 recently was promoted to legal counsel at Fifth Third Bancorp. He joined the banking company headquartered in Cincinnati in 2010. Jaya F. White ’06 recently joined Krieg DeVault’s Chicago office as an associate in the firm’s health care, pharmacy law, and litigation practice groups. She will concentrate her practice in the area of health care litigation, regulatory, and transactional matters. Amy Bittner ’07 has been made a partner at Muchnicki & Bittner, LLP, in Dublin, Ohio, formerly Muchnicki Law Office, where she continues to practice immigration and criminal law.

Jason A. Block ’07 published an article in the peer-reviewed College Student Affairs Journal. The article, titled “ ‘Prompt and Equitable’ Explained: How to Craft a Title IX Compliant Sexual Harassment Policy and Why it Matters,” explored how to develop policies concerning college campus sexual harassment that satisfy legal requirements while, at the same time, supporting the missions of colleges and universities. Block is a Ph.D. student in the Department of Educational Policy Studies and Evaluation at the University of Kentucky. Jamie A. LaPlante ’07 was named to the 2013 Ohio Super Lawyers Rising Stars list, which recognizes those age 40 or younger who have been practicing law for 10 years or fewer and represent the best of the up-and-coming attorneys in the state. LaPlante is an associate in Porter Wright Morris & Arthur LLP’s office in Columbus, where she focuses on employment litigation defense. Elizabeth Lash ’07 celebrated her one-year anniversary in February 2013 as in-house counsel for FXDD, a foreign exchange brokerage firm based in New York City’s financial district. Lash was hired as assistant corporate counsel and promoted to corporate counsel after the first eight months. Lisa Whittaker ’07 was named to Business First’s Forty Under 40, Class of 2013. Whittaker is an attorney at Porter Wright Morris & Arthur LLP practicing in management-side labor and employment law.

joined the firm in 2011. His practice focuses on personal injury, wrongful death, civil rights, and commercial litigation. He has first- and second-chaired jury trials and commercial arbitrations. Keyes lives in Columbus with his wife, Kate, and their three children, Ben, Sam, and Eliza. Martha Brewer Motley ’08 was named to the 2013 Ohio Super Lawyers/ Rising Stars List by Super Lawyers magazine. A “Rising Star” in general litigation, she is an associate in the Columbus office of Vorys, Sater, Seymour and Pease LLP.  Katherine S. Decker ’09 has joined the Toledo, Ohio office of Schumaker, Loop & Kendrick LLP as an associate in the litigation practice group. Tamara L. Maynard ’09 has joined the firm  Benesch, Friedlander, Coplan & Aronoff LLP as an associate in the corporate and securities practice group in the Columbus office. She has experience representing public and private companies across multiple industries with domestic and international transactions,

including mergers, acquisitions, divestitures, debt/securities offerings and joint ventures. Maynard is a graduate of United Way’s Board Orientation and Leadership Development (BOLD) program, a former mentor with Big Brothers Big Sisters of Greater Cincinnati, and a member of the Association for Corporate Growth.2010s Yianni Lagos ’11 was featured in an article in The New York Times, titled “U.S. Tech Firms Facing Stronger European Data Protection Measures,” on Jan. 8. The legal and policy fellow at the Future of Privacy Forum is also a research assistant to Professor Peter P. Swire. In the article, which centered on U.S. efforts to advance data protections for European Union citizens, Yianni said, “The largest challenge is the concept of interoperability. Translating from a coded format to a commonly used format, that is what will be difficult and costly to achieve.” Jonathan W. Thomas ’11 has joined Leason Ellis LLP, an intellectual property firm based in White Plains, N.Y., as a litigation associate. He previously worked as a litigation associate for the Law Office of Peter G. Eikenberry.

Catch up on what’s new with classmates all year long. See class notes by year at moritzlaw.osu.edu/alumni/notes.

Bart Keyes ’08 is an associate at Cooper & Elliott, LLC in Columbus. He

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Alumni News Eric D. Thompson ’11 has joined Dickie McCamey & Chilcote, P.C. as an associate, focusing in the areas of transportation law, insurance law, and technology law. He brings additional skills in the area of e-discovery, to the firm. Prior to joining the firm’s Columbus office, Thompson served as a staff attorney working on investigations and litigation as counsel to the court-appointed SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, where he focused on evidence review and electronic discovery matters. Tom Bethany ’12 is now general counsel for Clevelandbased Nations Lending Corp.

Sean Michael Boone ’12 and Jillian Wolosiansky ’12 married Nov. 17, 2012. The couple lives in Lancaster, Ohio. Wolosiansky is a staff attorney for the Honorable Richard E. Berens in the Fairfield Court of Common Pleas. Boone works for criminal defense attorney James Mayer III in Mansfield.

In Memoriam Carmen E. Brown ’12 has joined Vorys, Sater, Seymour and Pease LLP as an associate in the litigation group of the Columbus office. Brown, a  former summer associate at Vorys, is a certified public accountant and former auditor at Deloitte and Touche LLP. Meagan N. Fitzgerald ’12 joined the law firm of McCulloch Felger Fite & Gutmann Co., LPA in Piqua, Ohio as an associate attorney. She hopes to concentrate her practice on employment law, business and commercial law, estate planning, and real estate. Emily E. Vlasek ’12 has joined the Cleveland office of McDonald Hopkins as an associate in the firm’s intellectual property group. Vlasek advises clients on IP matters including patent, trademark, and litigation. Before attending law school, Vlasek was a product researcher for Procter & Gamble in its research and development department, where she managed consumer and technical test placements. She also worked as a chemist for The Bonne Bell Co. and as a research assistant for the Penn State Immunization Project.

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The Moritz College of Law has received word of the death of the following graduates. We express our sympathy to relatives and loved ones. Marc Gertner ’57 Marc Gertner ’57 of Denver, and formerly of Toledo, Ohio, died on Feb. 2, 2013 from complications of influenza. Gertner, 80, was a former partner in the law firm of Shumaker, Loop & Kendrick, LLP and was noted for his expertise with the Employee Retirement Income Security Act (ERISA). “He had a brilliant mind and a wonderful work ethic. When you combine those two with the desire to excel, which he always had, success followed,” Judge David A. Katz ’57 of the U.S. District Court for the Northern District of Ohio told The Toledo Blade. Gertner graduated from Harvard College before returning to his hometown of Columbus to attend the Ohio State College of Law. He was editor-in-chief of the Ohio State Law Journal. After graduating, he practiced law in Providence, R.I. and Toledo, focusing his practice on the complexity of pension and employee benefit law. He wrote books and delivered lectures about ERISA, in addition to representing pension funds and serving as legal counsel to the Junior League of Toledo for nearly 25 years. He retired to Naples, Fla. more than 20 years ago. He moved to Denver recently to be near his son, Doug. Gertner was preceded in death by his first wife, Sandra; their daughter, Toni Lynne Gertner; and his second wife, Bette. He is survived by his son, Doug; two daughters, Peggy Rice and Pamela Glatman; and three grandchildren.


In Memoriam

Frank Marshall Hays ’59

Frank Marshall Hays ’59 died Jan. 29, 2013 in Akron, Ohio. Hays, 82, practiced law in his hometown of Wooster until retiring in 1995. He was a 1st Lt. in the U.S. Marines Corps from 1953-1955, stationed at Marine Corps Air Station, El Toro in California, which since has been decommissioned. Hays loved reading, traveling, photography, and flying as a private

pilot. He also served as a docent in Bodie State Historic Park in California. He is survived by his wife of 51 years, Barbara M. Kauffman; children, Ralph (Kevin Martin) Hays of Saratoga Springs, N.Y., William Hays of Columbia, S.C., John (Andrea) Hays of Columbus, and Paul (Jen) Hays of Wyoming, Ohio; and five grandchildren.

Samuel Hamilton Porter ’52 Family, friends, and colleagues remember Samuel Hamilton Porter ’52

for the wisdom he shared and the limitless energy he devoted to practicing and teaching law over a remarkable 60-year career. Porter, 85, died May 5, 2013 approximately three weeks after suffering a stroke. A Columbus native, Porter attended Amherst College and served in the Navy. After graduating from the Ohio State College of Law in 1952, he went to work with his father, W. Glover Porter, and older brother, William G. Porter Jr. ’49. Porter Wright Morris & Arthur LLP had 11 lawyers at the time, and it wasn’t long before Porter’s counsel was sought by clients and his leadership sought by the firm as chair of the executive committee. A trial lawyer who loved being in the courtroom, Porter defended railroad and bus companies, handled complex antitrust and utility regulatory cases, and more. He represented the Columbus Board of Education

in its desegregation case before the U.S. District Court for the Southern District of Ohio. He ultimately argued Columbus Board of Education v. Penick before the U.S. Supreme Court. “As truly distinguished as Sam’s career as a corporate trial lawyer was, the winding down of that phase marked the beginning of an equally, if not more remarkable, second phase of the practice of law for Sam,” managing partner Robert “Buzz” Trafford ’77 wrote in a message for friends of the firm. Porter spent the next two decades mediating and arbitrating complex disputes involving utilities, acting as an advocate for indigent criminal defendants, and teaching at the Moritz College of Law. He also served as chairman of the Ohio Public Defender Commission, as a member of a panel reviewing Ohio’s death penalty, and in various leadership positions for the American Bar Association. A 2012 article in The Columbus Dispatch mentioned that Porter would lug a laptop and use his smartphone while traveling with his wife, Lucy, to Colorado every summer. He was admitted to the Colorado bar so he could do pro bono work while vaca-

tioning, Trafford added. Porter told The Dispatch: “There are problems (in the legal system), and we need to take care of our problems. I just can’t imagine not being involved, not working with the profession and for the profession.” This spring, Porter came to Drinko Hall every week to teach a two-hour seminar on public utilities. “For 15 years, law students in Sam’s classroom benefited from the knowledge he accumulated over the course of decades as a trial lawyer and leading arbitration proceedings,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law. “He was a loyal alumnus and colleague who tenaciously sought out opportunities to improve the legal justice system. This is a great loss for the Columbus legal community and for those fortunate enough to have known Sam as a mentor and friend.” In addition to his wife, Porter is survived by his daughter Kitty Young and her husband, Tim; his daughter Sarah Good and her husband, Scott; his son Bill and his wife, Anne; his son Sam “Chip” Jr. and his wife, Lucy; and 14 grandchildren.

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Why I give…

Stephen E. Chappelear ’77 When visiting the Ohio Union, Stephen E. Chappelear ’77 cannot resist buying the latest Moritz College of Law shirt in the bookstore. The lapel of his suit often is pierced with a “Block O” pin. He knows no shame for love of his alma mater – as evidenced by colleagues on the National Conference of Bar Foundations who often introduce him as “Mr. Ohio State.” The two-time graduate of The Ohio State University is a loyal donor to the College’s annual fund and a devoted volunteer around Drinko Hall. He serves on the College’s National Council, is a past

president of the Moritz Alumni Society, and led fundraising efforts as a class reunion chair. He mentors current law students through the Mentoring and More @ Moritz and Moritz Scholars programs, and he is a perennial participant in the Race Judicata 5K run/walk. “I like to be involved with things that are excellent, and that’s certainly the case with Moritz,” he said. “I want the law school to continue to have an outstanding reputation nationally. If I can help in small ways – time, money, or whatever it is – then that’s what I want to do.”

“I like to be involved with things that are excellent, and that’s certainly the case with Moritz.” HOMETOWN: Columbus, Ohio EDUCATION: B.A., The Ohio State University; J.D., The Ohio State University

CURRENT JOB: Member of Frost Brown Todd PROFESSIONAL AFFILIATIONS: In August, he will begin a three-year term on the American Bar Association Board of Governors and, in October, a five-year term on The Ohio State University Alumni Association Board of Directors. He is a past-president of the National Conference of Bar Foundations, the Ohio State Bar Association, the Ohio State Bar Foundation, and the Columbus Bar Association.

WHAT YOU WON’T FIND ON HIS RESUME: He spent his infant and toddler years three blocks from the law school. His first job was selling Coca-Colas in the stands of Ohio Stadium during fall football games, while his dad worked as an usher. “The only game we could ever watch together was the spring game,” Chappelear said. “I’ve known about Ohio State since I was able to speak.”

FAMILY: He and his wife, Sharon Chappelear, dated throughout their years at Ohio State and have been together 43 years. They have two children, Kacey (a 2007 Moritz graduate) and Chris, and one granddaughter, Francesca.

PASSIONS: Ohio State and the law – period.

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TO GIVE There are dozens of ways to give back to The Ohio State University Moritz College of Law. For more information, visit giveto.osu.edu/moritz. Or send your gift directly to the College at 55 W. 12th Ave., Columbus, OH, 43210. THE LAW ANNUAL FUND Scholarships, clinics, student activities, career services, and faculty scholarships are just a few areas that benefit from this current-use fund. It allows the College to be nimble in meeting needs and create new opportunities. LEADERSHIP SCHOLARSHIPS A component of our Program on Law and Leadership, these scholarships attract talented students from diverse backgrounds who have demonstrated leadership abilities.

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football THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW

Reunion Weekend

Tailgate

Celebrate

October 18-20, 2013 The College is Pleased to Invite the Classes of: 1963

1968

1973

1978

1983

1988

1993

1998

2003

2008

Classmates Join fellow alumni and current students at one of our fabulous tailgates this fall! Sept. 28: Ohio State vs. Wisconsin Oct. 19: Ohio State vs. Iowa Oct. 26: Ohio State vs. Penn State Nov. 23: Ohio State vs. Indiana Information: moritzlaw.osu.edu/alumni/events


All Rise - Summer 2013