Spartan Lawyer 2020

SUMMER 2020

IN THIS ISSUE: Preparation for Meaningful Careers: A Decade of the Immigration Law Clinic MSU Law’s Moot Court Ranked #1 Veronica Valentine McNally on Crisis Leadership Celebrating the Class of ’20 Could You Pass Property Today?

IN THIS ISSUE

EXECUTIVE EDITOR Kelly Kussmaul CONTRIBUTING WRITERS Kelly Kussmaul Savannah Swix RESEARCH ASSISTANT Megan Wilson PHOTOGRAPHY Tom Gennera DESIGN Brenda J. Sanborn ALUMNI ASSOCIATION EXECUTIVE BOARD President: Christopher Jackson, ’13 Vice President: Courtney Gabbara, ’12 Secretary/Treasurer: Daniel Elliott, ’16 Co-Directors of Fundraising: Robert Kirk, ’83, and Jacob Simon, ’17 Director of Alumni Engagement: Christopher Giles, ’02 Parliamentarian: Michael Daum, ’11 ALUMNI ASSOCIATION PARLIAMENTARIAN BOARD Liam Burke, ’07 Maria Cudowska, ’16 Jackie A. Dupler, ’12 Chantel Flegler, ’16 Alyssa A. Grissom, ’12 Denise Hirschmann, ’92 Christopher Johnson, ’11 Fedor Kozlov, ’10 Jeremy Manson, ’06 Kate Matych, ’16 David M. Rader, ’16 René Roupinian, ’94 Alex Rusek, ’13 Robert Shapiro, ’94 Brandon Sherman, ’04 Deema F. Tarazi, ’16 Stephanie Vicent, ’11 EX OFFICIO Interim Dean Melanie B. Jacobs Roxanne R. Caine

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HENDERSON JUDICIAL CLERKSHIP MENTORING PROGRAM

3 TAX TIPS 4 FACULTY VOICES: VERONICA VALENTINE MCNALLY ON CRISIS LEADERSHIP

6 FACULTY ACCOMPLISHMENTS 8 MOOT COURT RANKED #1 IN NATION 10

PREPARATION FOR MEANINGFUL CAREERS: A DECADE OF THE IMMIGRATION LAW CLINIC

14 CLASS ACTIONS & IN MEMORIAM 16 SEMESTER REPORT­—PANEL DISCUSSION 18 CELEBRATING THE CLASS OF 2020 20 QUIZ: COULD YOU PASS PROPERTY TODAY?

Spartan Lawyer is published by Michigan State University College of Law, Law College Building, 648 N. Shaw Lane, East Lansing, MI 48824-1300. Reproduction or use, in whole or in part, by any means and without the express written consent of the publisher, is prohibited. Manuscripts, artwork, and photographs are submitted at the sender’s risk; please enclose a self-addressed, stamped envelope requesting return of material. The magazine and its associated parties and agencies assume no responsibility for unsolicited materials and reserve the right to accept or reject any editorial material. Submission of letters implies the right to reproduce same in magazine. Views expressed herein are not necessarily those of this magazine or the law college. No article herein shall constitute an endorsement by this magazine, the law college, or the persons and organizations associated with it.

A Message FROM THE DEAN Dear Friend: First and foremost, it is my sincere hope that this issue of Spartan Lawyer finds you and your loved ones well in these difficult and uncertain times. As a member of the College of Law family since 2002, the wellbeing of our students, alumni, and community is of paramount importance to me, and has guided my decision-making as interim dean since assuming this role in January.

I know that these past months have been particularly hard for our Black, Brown, and Indigenous alumni and friends, and our faculty and I stand with you in solidarity. I am proud to share with you that the College of Law faculty has unanimously approved a statement affirming our shared commitment to racial justice, and we are actively working to identify effective ways to make our community a space where we can all feel safe, valued, and respected. As we work toward greater equality, we will continue listening to the ideas and concerns of our community members, including our alumni.

As you may be aware, we are conducting our classes remotely this fall, and the College of Law building is very quiet without our full student body bringing its energy to our halls. Everything feels different around the College of Law these days, and this magazine issue will feel a little different as well: with our unconventional ending to the spring semester, our symposia and events were canceled, so our Semester Report covers a Zoom event. After postponing this year’s Commencement, we chose to honor the Class of 2020 by showcasing their names in this issue, as we have yet to read them aloud at an in-person ceremony. Our Clinic is conducting much of its work remotely, but its students and faculty continue to advocate tirelessly for the underserved in our midst, and we’re proud to celebrate in these pages the powerful social justice work of our Immigration Law Clinic – and the meaningful careers that it has inspired.

I am also happy to report that, after 18 months of effort, our full integration into Michigan State University was completed on August 17. While this integration ushers in a new era for MSU Law, we remain today who we have been for the past 129 years: hardworking, talented, and community-minded advocates.

With this new relationship, we have fabulous opportunities before us to not only build on our own unique strengths, but to align ourselves with the many strengths of Michigan State University. I believe that the College of Law will seize these opportunities in the coming years, and I look forward to partnering with you to do so.

As we all continue to navigate 2020 and its myriad challenges together, I would encourage all of you to exercise grace and empathy with one another – and with yourselves. Please keep in touch.

Regards,

Melanie B. Jacobs

DONORS AND FRIENDS

THE HAROLD & FRANZINE HENDERSON JUDICIAL CLERKSHIP MENTORING PROGRAM A graduate of Michigan State University and Harvard Law School, Harold Henderson returned to MSU’s campus in October of 2019 with a mission: to encourage students of color to undertake judicial clerkship experiences.

wonders where his law degree might have taken him had his path begun with a clerkship – a question that inspired his philanthropy.

Henderson’s work as a board member for the Council for Upon leaving law school, Henderson became a labor Legal Education Opportunity (CLEO) further enlightened attorney for the Washington, DC, firm of Morgan, Lewis, him to the startling lack of minority representation & Bockius. After serving as the general counsel and chief amongst judicial clerks, inspiring him to take action. legal officer at Amtrak, “When I realized how few Henderson spent sixteen When I started law school, I had no minority law graduates years with the National understanding of what judicial law clerks were taking clerkships and Football League, serving did or what value that experience added investigated why that was the as executive vice president case, I found that most had for Labor Relations and to their careers, said Henderson. Many little or no knowledge about chairman of the NFL of my classmates sought and obtained clerkships or how to obtain one Management Council clerkships, ranging from state and local until too late in the process to Executive Committee. Since courts to the US Supreme Court.

Over pursue the opportunity, much his retirement in 2012, he time I came to realize that former clerks like me. When we raised the continues to do consulting issue with MSU Law work for the NFL and serves were disproportionately represented in administration and faculty as president and chair of the the ranks of judges, law professors we learned they had made NFL Player Care Foundation, and deans, successful practitioners, the same observations; they an independent organization corporate chief legal officers – all areas immediately engaged us in dedicated to helping retired discussions on how to address in which people of color are grossly players improve their quality the issue, and in short order of life. underrepresented. we were able to put the While his career is program in place.” impressive and rewarding, Henderson has often looked With support from Henderson and his wife, Franzine, back over the decades since law school and considered MSU Law established the Harold & Franzine Henderson a road not taken. Many of Henderson’s Harvard Law Judicial Clerkship Mentoring Program in October 2019. classmates embarked upon prestigious (and low-paying) The program commits to educating law students from judicial clerkships after graduation, which at the time he viewed as a luxury that he could not afford. Today, he disadvantaged backgrounds about the myriad benefits of

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“ The ABA’s Judicial Clerkship Program (JCP) introduces law students from diverse backgrounds from around the country to judges and law clerks. The program informs and educates the students as to the life-long benefits of a judicial clerkship, while also encouraging judges to consider students of color that they otherwise may not have considered for a judicial clerkship.”

Courtesy of the American Bar Association, Diversity Pipeline – Projects and Initiatives

The ABA-JCP was a fantastic experience. I think over a dozen law schools were represented at the ABA-JCP, and we were able to network with students across the country. We met numerous judges from across the country as well: federal district court judges, appeals judges, and state court judges. I was inspired to be around so many students of color who are entering the legal profession.

— Pedro Berlanga III, ’21 starting their careers with a judicial clerkship, sending a cohort of MSU Law students to the ABA’s Judicial Clerkship Program (ABA-JCP) each year, and supporting them throughout the clerkship application process.

The Hendersons’ gift had an immediate impact on MSU Law students: six students attended the ABA-JCP in Austin, Texas, in February. This three-day intensive workshop provided students with unique opportunities to explore the working relationship between judges and their law clerks, and to experience the judicial decisionmaking process. The group returned to MSU Law filled with a new enthusiasm for clerkships, information about how to secure those highly sought-after positions, and gratitude for the Hendersons’ generosity.

“We are thrilled by the enthusiastic response of the students,” Henderson said, “and we look forward to improving and expanding the program in the future.”

Prior to law school, I did not know much about clerkships. However, after attending the program, I knew I would apply. I like that I made connections with three judges. I emailed them post program and one reviewed and helped me edit my cover letter. I also enjoyed being around so many established minority judges and lawyers. It was motivating and reassuring.

— Davina Bridges, ’21

This year’s Harold & Franzine Henderson Judicial Clerkship Mentoring Program participants attended the ABA-JCP in Austin, TX: Johanna Alejandra Argyros, ’21 Bamdad Attaran, ’21 Pedro Berlanga III, ’21 Davina Bridges, ’21 Dominic Amadeo Lambaria, ’21 Jasmine Shafquat, ’21

News You Can Use: 2020 Tax Benefits Interested in the tax advantages made available to charitable donors through the Coronavirus Aid, Relief, and Economic Stability Act? For the 2020 tax year, the CARES Act allows donors to:

› › ›

Deduct up to $300 in charitable gifts, even for taxpayers who don’t itemize their deductions.

Apply up to 100% of their cash contributions to charities in 2020 (rather than the usual 60%) against their adjusted gross income (AGI).

Temporarily suspend required minimum distributions for the 2020 tax year.

Gifts to donor advised funds and non-cash contributions (like stock and real estate) do not qualify.

Need to know more about the tax benefits of charitable giving or how to develop a planned gift? Contact the Office of Advancement to discuss your options. alumni@law.msu.edu | (517) 432-6840

FAC U LT Y

FAC U LT Y VOICES:

VERONICA VALENTINE MCNALLY Veronica Valentine McNally is the assistant dean for experiential education at MSU Law and directs the Geoffrey Fieger Trial Practice Institute.

Veronica graduated from MSU Law in 2004, where she earned a jurisprudence award for Trial Practice. She serves on the advisory committee of the Michigan Supreme Court Learning Center, and has served as a member of the State Bar of Michigan (SBM) Standing Committee on Character and Fitness (2005-13) and the SBM Young Lawyers Executive Council (2005-07).

Michigan State University became one of the first

Law & Politics selected her as a Rising Star from

universities in the country to move to virtual instruction.

2010 through 2016. In 2016, she received a Master

Within two hours of the announcement, our faculty

Advocate Designation from the National Institute

adapted to online teaching in a dynamic and meaningful

of Trial Advocacy.

way. Just six weeks later, we finished our spring semester

Veronica is a public health advocate. She is the president of the Franny Strong Foundation

with a stay-at-home order in place in a world we never envisioned. And then, just days later, we experienced yet another shock to our senses—the senseless and tragic loss

and founder of the I Vaccinate Campaign

of George Floyd after the horrific losses of Breonna Taylor

(IVaccinate.org). In 2018, she was named as the

and Ahmaud Arbery.

Centers for Disease Control and Prevention’s

As humans, we depend on experiences, or the observation

(CDC) Childhood Immunization Champion for

of the experiences of others, to understand the world.

Michigan and was appointed by the United

Today, our experiences and our observations continue to

States Secretary of Health and Human Services

remind us that our world is more complicated than ever.

to serve on the CDC’s Advisory Committee on

COVID-19 has highlighted long-standing systemic health

Immunization Practices (ACIP) for a four-year

and social inequities, with some members of racial and

term as ACIP’s consumer representative. In this role, she provides perspectives on the social and community aspects of vaccination. The ACIP develops recommendations on how to use vaccines to control disease in the United States.

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With a pandemic looming on the horizon, on March 11,

ethnic minority groups at increased risk of getting COVID-19 or experiencing severe illness, regardless of age.

The Centers for Disease Control and Prevention has reported that among some racial and ethnic minority groups, including non-Hispanic Black persons, Hispanics and Latinos, and American Indians/Alaskan Natives,

evidence points to higher rates of hospitalization or death

TAKING ACTION DURING A CRISIS

Why does it take a crisis to truly focus the need for change

Professor Daniel Manville filed a federal lawsuit in late April against numerous Michigan Department of Corrections (MDOC) officials seeking an injunction to require the MDOC to follow the Centers for Disease Control and Prevention’s guidelines for prisons to ensure social distancing for:

and turn the tide on unacceptable issues and conditions in

• Prisoners confined in two-person cells;

our society? We should not need to see a disproportionate

• Prisoners confined in pole barns which contain up to 160 prisoners per side;

from COVID-19 than among non-Hispanic white persons.

Non-Hispanic Black persons have a rate approximately 5 times that of non-Hispanic white persons, non-Hispanic American Indian or Alaskan Native persons have a rate of approximately 5 times that of non-Hispanic white persons, and Hispanic or Latino persons have a rate approximately 4 times that of non-Hispanic white persons.

number of minorities dying from COVID-19 to amplify the critical need to bring systemic change to public health. Nor, should it take the senseless and tragic killing of countless Black Americans to unify a movement to end racial injustice that has plagued our society. I hope we have reached an inflection point; I hope change is coming.

Now is the time to address the needs of these populations and now is the time to train the lawyers to do this important work. In my opinion, experiential education has never been more critical. In law school, experiential education methods include both simulated practice experiences and clinical experiences. This active method of teaching that integrates theory and practice by combining academic inquiry with actual experience will train the advocates of tomorrow to lead in law in many arenas, but perhaps most significantly now, in the arenas of social justice advocacy and public health advocacy.

At Michigan State University College of Law, we are proud to offer a diverse array of opportunities. With 8 clinics, the top-ranked competition program in the country, a trial practice institute, and a robust externship program, we are creating lawyer-leaders. Since our founding in 1891, we have focused on inclusiveness. It is this culture of inclusion, coupled with the advocacy skills developed through the opportunities of experiential learning, which positions our future lawyers to be leaders in advancing justice and delivering transformative change to racial injustice wherever it might be found.

We call on our community partners in education, our alumni, and our students to support us. There is power in legal education—let’s use it for change.

• Prisoners confined in dayrooms, gyms and classrooms; and • Prisoners who have tested positive to remove them from the general population setting and confine them in a health care setting.

MDOC’s lack of testing in the early stages of the virus’s spread resulted in positive test rates of over 60% of prison populations at some Michigan prisons.

Infectious disease experts determined “the MDOC’s COVID-19 policies and actions, or lack thereof, to be egregiously deficient in comparison with the CDC standard in a number of respects, and posing substantial risk that inmates will face an outbreak of the novel coronavirus and resulting COVID-19 disease, further entailing grave risks to the health of inmates, including the risk of death.”

Professor Daniel Manville serves alongside and supervises student clinicians in MSU College of Law’s Civil Rights Clinic, advocating for clients in the prison system facing civil rights violations from free speech barriers to the inability to freely practice their religion.

FAC U LT Y AC C O M P L I S H M E N T S SUSAN BITENSKY Professor Bitensky’s seminal law review article on the constitutional right to an education was cited in supporting briefs for the plaintiffs in Gary B. v. Whitmer.

ADAM CANDEUB Professor Candeub published several articles with Forbes, including “Google Makes Weak Claims That IP Protects Competition” and “FCC Chair Ajit Pai Must Press Forward on 5G Auctions.”

He was also quoted by IPWatchdog.com, Ricochet, and Broadband Breakfast.

BRADLEY DEACON Professor Deacon was quoted in “Saving barns when farming has changed” published by MichiganFarmer.

MATTHEW L.M. FLETCHER Professor Fletcher co-authored “The Necessity of the Indian Child Welfare Act” for The Atlantic with Assistant Professor of Law at the University of Michigan, Leah Litman. He presented at many universities, including the University of Michigan Law School, Western Michigan University, Wayne State University, the University of Detroit Mercy Law School, and Cornell Law School. He also presented for the National Indian Court Judges Association Annual Symposium, the Tribal In-House Counsel Association, the Arizona State Bar, the Michigan Legal Theory Workshop, the Windsor Law Indigenous Legal Orders Institute, and the American Indian Law Center Pre-Law Advisors Conference. The second edition of his casebook, “American Indian Tribal Law,” was published by Wolters Kluwer, for which he also completed a teacher’s manual. His article, “Indian Law Reality Television, or How to Stop Worrying When Losing in the Supreme Court,” was published in Federal Lawyer’s March/April 2020 issue.

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BRIAN GILMORE Professor Gilmore’s poetry book, Come See About Me, Marvin, was recognized among the most notable Michigan books of the year.

Professor Susan Bitensky’s seminal law review article on the constitutional right to an education was cited in supporting briefs for the plaintiffs in Gary B. v.

Whitmer. In their April decision, the Sixth Circuit Court of Appeals held that public schoolchildren have a fundamental right to a basic minimal education: access to literacy. The full Sixth Circuit Court of Appeals voted in May to re-hear the case.

Prof. Bitensky has awaited federal judicial movement toward recognition of the right since 1992 when she published her groundbreaking article on the subject in the Northwestern University Law Review.

CATHERINE GROSSO AND BARBARA O’BRIEN Professors Grosso and O’Brien’s research with The National Registry of Exonerations was cited in an ABC News article, “Death row inmate’s fight for his life shines light on use of jailhouse informants.”

BRIAN KALT Professor Kalt was a guest on The Lawfare Podcast, discussing presidential inability and the 25th Amendment. He also

appeared on the radio program Background Briefing to examine President Trump’s pardon power. Professor Kalt was quoted

by The Hill, Bloomberg, and Mic, and his articles “How TV Taught America Bad Constitutional Law” and “The Very Real Problem of Both Trump and Pence Getting COVID-19 at the Same Time” were published by The Atlantic.

MAE KUYKENDALL Professor Kuykendall’s article, “Tragedy Unremarked: Empty Spots in Human Connection and Law,” was published by JOTWELL. MICHAEL LAWRENCE Professor Lawrence presented his paper, “The Thirteenth Amendment as Basis for Racial Truth and Reconciliation,” at the “13th Amendment and Racial Justice” Conference at Chicago-Kent College of Law, and it will be published in the Fall 2020 edition of the Arizona Law Review.

DANIEL MANVILLE Professor Manville was a panelist on Prisons and Jails Litigation at the National Police Accountability Project.

He also published an op-ed with The Detroit News, “Opinion: Fast-track release of lifers sentenced as children.”

NICHOLAS MERCURO The Economics of Legal Relationships book series, sponsored by MSU College of Law and edited by Professor Mercuro, printed its 30th volume, “The Economic Analysis of Property Law Cases.”

GEEYOUNG MIN Professor Min’s article, “Taking Compliance Seriously,” was published in the Yale Journal on Regulation. She also gave a presentation at the SEC, “Active Firms and Active Shareholders: Corporate Political Activity and Shareholder Proposals.”

Study Committee on the UCC and CARNEY ANNE NASSER Emerging Technologies in-person Professor Nasser gave a guest lecture meeting, and the Uniform Law at Baylor University Law School titled “Behind the scenes of a wildlife trafficking Commission’s Technology Committee meeting. The ABA’s Legal Technology prosecution.” She was interviewed by Resource Center named her one of the The New York Times, Wall Street Journal, Economist, and Dallas Morning News about “Women of Legal Technology 2020,” and she attended the ABA Legal Tech Show her work with tigers and the wildlife in Chicago. trafficking case against “Tiger King” Joe Exotic.

BARBARA O’BRIEN Professor O’Brien spoke with Manifold Podcast about her role with The National Registry of Exonerations and her research of wrongful convictions. She was interviewed for a story by CNN titled “An innocent man spent 46 years in prison. And made a plan to kill the man who framed him,” and she was also quoted by Newsday.

“As the number of COVID-19 infections and fatalities skyrockets, now is the time for Michigan to join the rest of the country in providing a fair chance for incarcerated persons who have demonstrated redemption and maturation for offenses committed as children. We urge our colleagues to take immediate steps to save lives in Michigan prisons.”

FRANK RAVITCH Professor Ravitch’s article, “School Prayer Guidance May Do More Harm to Religious Freedom than Good,” was published by Georgetown University’s Berkley Center for Religion, Peace & World Affairs.

His law review article, “Complicity and Daniel Manville, Eli Savit, Discrimination,” was also published, as

and Monica Jahner well as “Free Exercise of Religion in the

“Opinion: Fast-track United States: An Overview of Current

release of lifers Trends.” He was also quoted by Desert

sentenced as children” News, TIME, and Business Insider. Professor

The Detroit News Ravitch presented a paper, “Law, Religion,

April 20, 2020 Culture and Same-Sex Marriage/Unions in the U.S. and Japan,” at the Asian Law and Society Association Annual Meeting.

He published his new book, co-authored with Colin Jones, Japanese Law in a Nutshell. MICHAEL SANT’AMBROGIO Dean Sant’Ambrogio presented CARLA REYES “Collective Decision-making and Professor Reyes gave a talk titled Administrative Justice” at the Duke Law “Emerging Technology’s Language Journal’s 50th Annual Administrative Law Wars” at the Max Planck Institute Symposium. The paper will be published in Luxembourg. She presented and in the Oxford University Press Handbook on participated in discussions at the PLI Administrative Justice. The U.S. Court of Patenting Blockchain seminar, several Appeals for Veterans Claims published sessions of the AALS 2020 Annual proposed rules for class certification and Meeting, the ABA Cyberspace Winter class actions in the Veterans Court. This Working Meeting, the Joint ALI/ULC

represents a significant milestone in Dean Sant’Ambrogio’s long advocacy campaign for the Court to adopt new class action rules.

MICHAEL SANT’AMBROGIO AND GLEN STASZEWSKI Dean Sant’Ambrogio and Professor Staszewski’s article, “Democratizing Rule Development,” will be published

by Washington University Law Review.

GLEN STASZEWSKI Professor Staszewski attended the AALS 2020 Annual Meeting and served as a commentator on papers for the “New Scholars Programs.” He was also elected to the Executive Board of the Administrative Law Section of AALS. He participated in the 10th Anniversary Edition of the Legislation Works-inProgress Roundtable at Yale Law School.

DAVID THRONSON Professor Thronson presented as part of a workshop titled “Incorporating Child Welfare Principles into work with Unaccompanied Immigrant Children.”

DAVID AND VERONICA THRONSON Professors David and Veronica Thronson presented at the American Bar Association/Kids in Need of Defense’s National Training on Representation and Advocacy for Unaccompanied Immigrant Children.

VERONICA THRONSON Professor Thronson presented “Collateral Consequences of Criminal Behavior: Immigration Law” at the State Bar of Michigan’s Criminal Law Section Mid-Winter Conference.

JOSHUA WEASE Professor Wease’s article, “Building Effective Attorney-Client Relationships at the Tax Clinic,” was published in the Michigan Bar Journal.

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MSU

MICHIGAN STATE UNIVERSITY COLLEGE OF LAW has the top-ranked law school Moot Court program in the United States, according to 2019-20 data compiled by the University of Houston Law Center’s Blakely Advocacy Institute (UHLC).

MOOT COURT: RANKED #1 IN THE NATION

MSU Law participated in thirteen competitions in the 2019-20 season. Students reached the quarterfinals or better at ten of the thirteen competitions; advanced to the final round five times; argued in front of judges from at least six different federal circuit courts; and were awarded the “Best Brief” award at four different competitions.

Recognizing Our Winners: Twenty MSU Law students participated on teams for which points were awarded in the Houston rankings: E. Earle Zehmer National Moot Court Competition

Tariq Abu-Akeel, Alise Hildreth, Jimmy Joling Billings, Exum & Frye National Moot Court Competition and American Bar Association National Appellate Advocacy Competition

Hannah Buzolits, Jordan Giles, Allison Kruschke Burton D. Wechsler National First Amendment Competition

Polina Hristova, Yasmeen Klein Appellate Lawyers Association National Moot Court Competition

Mark Babcock, Carolyn Horton, Ashley Poindexter NYU’s National Immigration Law Competition

Bamdad Attaran, Victoria Espinoza, Polina Hristova National Native American Law Students Association Moot Court Competition

Kacey Chopito, Kaitlin Gant Saul Lefkowitz Moot Court Competition

Mark Babcock, Joshua Hoebeke, Minelli Manoukian, Trevor Mason Giles Sutherland Rich Moot Court Competition

Michael Bossner, Ashton Gallagher

A ONE-OF-A-KIND SEASON MSU Law’s record-breaking season began in August 2019 and continued through the beginning of March 2020, with students traveling all over the country and racking up wins in competitions that tested mastery of widely varied topics: worker’s compensation law, the First Amendment, constitutional law, appellate advocacy, immigration law, trademark law, and Indigenous law.

For me, it was really cool because when my family came to the United States, we landed in New York City. Being able to argue in an immigration competition in New York City and win and know that I want to practice immigration law was really meaningful to me – to know that I can do it.

— Polina Hristova, ’20 Students advanced from regionals to nationals, earned Best Brief awards, and continued the arduous process of honing their skills in pursuit of more wins. Midway through the spring 2020 semester, MSU’s Moot Court program had climbed to #3 in the rankings and was set for its strongest finish ever.

And then, suddenly, it looked like it was all over. Three days after a triumphant return from the regional rounds of the American Bar Association’s National Appellate Advocacy Competition, the undefeated team received word that MSU was canceling in-person classes and moving to remote instruction due to the COVID-19 pandemic.

Within the next two weeks, eight MSU Law Moot Court teams and their 23 student-competitors learned that their travel plans were suspended: the competitions for which they had tirelessly prepared were canceled.

I don’t think it really had sunk in yet that my Moot Court career was over and that was our last competition, partially because everything happened so quickly. Moot Court taught me a lot about myself and it was kind of the driving factor for me to go to law school and to have hopes to be a litigator after law school.

— Hannah Buzolits, ’20

But some competition organizers reversed course: after canceling, the nationals for the trademark and patent law competitions pivoted to a virtual format, and MSU Law students successfully adapted to this new reality, earning strong finishes in both competitions.

In a time of uncertainty over classes, graduation, and everything else crazy going on in the world, all of us laughing and cheering on the phone over our wins and hard work made everything else small for just a few moments. ­­— Minelli Manoukian, ’20

This year’s successes reflect the outstanding abilities and hard work of our students. The ranking is a testament to each team member’s countless hours of preparation and to the great support from their faculty and alumni coaches.

I’m very proud of all our competitors and so impressed with their resilience and drive to succeed under remarkably challenging circumstances.

— MELANIE B. JACOBS Interim Dean, MSU College of Law

And the ABA Moot Court students who had mourned their last chance at a national championship? Although the national rounds were canceled, the ABA announced in April that MSU’s brief had won the 2019-20 National Appellate Advocacy Best Brief Award. The students were, indeed, champions.

Despite a state quarantine, cancellations, and uncertainties arising from a nation in panic, MSU Law’s Moot Court ranking continued to climb. By the time the season was over, and all the competition points had been tallied, MSU Law’s program was ranked #1 in the country.

To succeed against odds like those we faced this year is incredible. Taking the top spot in the Houston national rankings – it really shows the breadth and depth of our program and the dedication of our students.

— JENNIFER COPLAND Director of the Competitions Program, MSU College of Law

ADVANCING A COMMUNITY LEGACY Although MSU College of Law’s strong Moot Court tradition dates to its origins as the Detroit College of Law, the program transformed in 2016, when the program was given an academic focus.

A standout season is truly a community success. While Director Copland coached or advised six of the teams earning ranking points, she points out that developing Moot Court talent is a collective effort, requiring hundreds of hours of volunteer time. The IP teams had coaching by Professors Jeffrey and Jennifer Carter-Johnson and alumnus Michael Templeton. The NNALSA team was assisted by Neoshia Roehmer, a staff attorney at MSU’s Indigenous Law & Policy Center, Professor Kate Fort, and alumnus Linus Banghart-Lin. The Zehmer team was coached in Orlando by alumna Kate Wakeman, the Billings team was coached in North Carolina by Professor Phil Pucillo, and the immigration team was assisted by Professor David Thronson and coached by ACLU attorney Juan Caballero.

WHAT ARE THE UHLC RANKINGS? FOR MORE THAN A DECADE, UHLC HAS MAINTAINED THE NATION’S MOOT COURT RANKING SYSTEM, PROVIDING AN OBJECTIVE MEASURE OF PROGRAM STRENGTH EACH YEAR. 9

PREPARATION for MEANINGFUL CAREERS: A DECADE OF THE IMMIGRATION LAW CLINIC

Ten years ago, Professors Veronica and David Thronson

“We really didn’t know about the range of immigration

came to Michigan State University College of Law with

services that existed in Michigan, and we researched

the charge of starting a new clinical program. It wasn’t

what kind of needs exist here,” said Veronica. “But

David’s first time developing an immigration law clinic;

David was never concerned that we wouldn’t have

he’d founded the University of Nevada, Las Vegas’ clinic

clients: based on experience with the lack of accessible

at the William S. Boyd School of Law, often working in

legal representation for vulnerable immigrants, he was

tandem with Veronica in her role as the directing

confident that ‘if you build it, they will come’.” He

attorney of the Domestic Violence Project at the Legal

was quickly proven correct: only a few weeks passed

Aid Center of Southern Nevada.

between their arrival in East Lansing to bringing their

As clinic co-founders at MSU, the team wanted to build a program tailored to the needs of the mid-Michigan community, rather than replicating the UNLV clinic.

BY THE NUMBERS • IMMIGRATION LAW CLINIC FACULTY AND STUDENTS HAVE SERVED CLIENTS FROM 84 COUNTRIES • 288 CLIENTS HAVE OBTAINED LEGAL PERMANENT RESIDENT STATUS • STUDENTS HAVE APPEARED IN 227 USCIS ADJUDICATION INTERVIEWS, 373 IMMIGRATION COURT HEARINGS, AND 236 PROBATE/FAMILY COURT HEARINGS IN 10+ COUNTIES 10

first clients through the door. They hit the ground running – and haven’t stopped since.

David Thronson, Professor of Law Veronica Thronson, Clinical Professor of Law and MSU Law Clinic Director

SEEKING OUT THE HARD CASES The very first Immigration Law Clinic students welcomed their first clients into the original MSU Law Clinic, a below-ground space on Grand River Avenue that smelled like the Chipotle restaurant next door and pulsed with classic rock beats from the used record store upstairs.

The next clinic building, a newly renovated commercial space on Abbott Road, would provide a comparatively sedate environment in which to meet and interview clients. Finally, in summer 2017, the MSU Law Clinic settled into its current home in the heart of the Law College Building: on the second floor, in a space carved out from the law library. While the location of the Immigration Law Clinic has changed over the past decade, its mission has remained constant.

SPOTLIGHT:

Initially, the Immigration Law Clinic worked on a referral basis through community service organizations. From the

the clinic was contracted to represent every child placed in Michigan by the Office of Refugee Resettlement: they either represented the children themselves or placed them with attorneys who volunteered pro bono services.

LEARNING THROUGH SERVICE While helping their clients secure legal residency status is central to the Immigration Law Clinic’s mission, Veronica, who now directs both the Immigration Law Clinic and the MSU Law Clinic, is equally committed to instilling an ethos of service in future lawyers.

The work is demanding. A single asylum case can require months of interviewing the client, working with interpreters, filing paperwork, briefing, gathering evidence, developing expert testimony, and conducting the trial.

The Immigration Law Clinic received the AMERICAN IMMIGRATION LAWYERS ASSOCIATION PRO BONO CHAMPIONSHIP AWARD in 2020. Nominated by Immigration Law Clinic alumni who went on to work in the field, the clinic was recognized for its “extraordinary efforts” and its “ongoing and outstanding commitment to giving back to the community,” as well as its important work in training future lawyers to enter the profession with an ethos of service. beginning, David and Veronica sought out particularly challenging cases – people whose unique needs fell outside of the purview of legal aid agencies and those who lacked the financial means to hire an attorney. Without the no-cost direct representation offered by the clinic, most of their clients would face the increasingly consolidated and opaque immigration bureaucracy without any legal support.

Their clients are often incredulous when they learn that their representation is free. “I tell them no, they don’t need to pay us,” said Veronica. “The students pay us to have a chance to learn this.”

The clinic has provided services to hundreds of clients, the majority of whom lack legal immigration status and face deportation if they are unable to prove that they have a legal right to remain. They include survivors of human trafficking and domestic abuse, members of persecuted religious and political groups, victims of unspeakable violence, and unaccompanied children. For several years,

If a student wants to go to court, Veronica can usually find a way to make that happen; in a given semester, students represent their clients in immigration courts, family courts, and federal courts of appeal.

The clinic has built a reputation for thoroughly readying its students to appear in court, and the preparation is exhaustive. For example, in spring of 2019, the clinic staged a dress rehearsal for an upcoming hearing in the College of Law’s moot courtroom so that the students and client would know exactly what to expect.

“I don’t want them to have a fear of appearing in immigration court for the first time without ever having seen it,” said Veronica; she also requires students to observe court sessions.

Just as important as gaining practice skills, they learn to listen (often through an interpreter) to the stories of their clients and to tailor their approaches to the clients’ individual situations. These challenging – and often heartbreaking – cases teach students that every client is

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“ It’s much more than a class. It’s much more than just a grade. To be able to use the resources and privileges I have to help and represent people in a system that is so complicated and convoluted is rewarding for me.”

— Leslie Vazquez, ’21

worthy of respect and deserving of skillful, empathetic counsel.

Though clinical faculty won’t allow students to fail their clients, clinic students are given an exceptional amount of ownership over their cases. They’re expected to learn quickly, demonstrate initiative, and rise to the occasion.

“They develop these skills to argue in front of judges and they know that when you’re representing a client in immigration matters, there are huge stakes,” said Veronica. “We want to make sure they know that this is your client, and we make them think about what kind of attorneys they are going to be.”

For many second- and third-year law students, it’s the first time they’ve ever undertaken a project so expansive, or so consequential. It’s often their first exposure to the life-changing power that they, as lawyers, can exercise on behalf of their clients.

A POWERFUL EXPERIENCE Over the past decade, the reach of the Immigration Law Clinic has exceeded the immediate footprint of its practice. The clinic has developed a reputation for launching its grads into immigration practice all over the country, and their previous teaching fellows have gone on to helm clinics at other universities: at the University of Arkansas, the University of Illinois, and the University of Nevada, Las Vegas.

Because of this far-reaching network, the MSU Law Immigration Law Clinic has assisted hundreds, perhaps

The Pro Bono Landscape Interested in incorporating social justice work into your professional life? Pro bono work offers you ways to make a difference that work for your schedule.

thousands, of clients who will never set foot in East Lansing: the many people ably served by clinic graduates and fellows. Because of the experiences that their lawyers had in the Immigration Law Clinic, those immigrants will be able to work, engage fully in society, and contribute to their communities without living in fear of deportation.

But Veronica is quick to point out that the program’s true impact on the community and the legal profession extends far beyond training the two dozen or so immigration law practitioners who built their skills under her supervision. Immigration law, she observed, is a niche field, and most of her students will undertake practice in other areas. She hopes that their clinic experiences will inspire them to take on pro bono work throughout their legal careers.

Whatever practice areas they choose, Veronica believes that they will benefit from the powerful lessons in client service and empathy that they learned in the Immigration Law Clinic.

“The students work on these high stakes cases and they learn how to represent clients: if you are able to represent a child through an interpreter in front of various court systems, if you get services or secure relief for a client who has been traumatized by severe sexual assault, if you help clients navigate the insane bureaucracy of immigration agencies, you are able to handle any cases that your practice will bring you,” said Veronica. “We are giving students transferable skills that they can go on to use in family law, in criminal law, in corporate law.”

STATS

TYPE OF PRO BONO SERVICES PROVIDED Limited scope representation: 54% Full representation: 44% Mediation: 2%

Of the respondents who indicated that they had provided free legal services as a law student, around 60% believed that those experiences inspired them to provide pro bono services after graduation.

Based on ABA survey data,* the typical pro bono experience consisted of limited scope representation within the attorney’s 81% of attorneys reported area of expertise and took around 16 hours. The client usually providing pro bono services had limited financial means and was referred through a personal during their careers, and 52% contact or legal aid program. Attorneys surveyed reported within the past year. that empathetic and ethical considerations, rather than The average attorney provided professional development or recognition, motivated their 36.9 hours of pro bono services. pro bono work: they undertook unpaid work to help people, reduce social inequalities, and do their duty as lawyers. * From “Supporting Justice: A Fourth Report on the Pro Bono Work of America’s Lawyers” by the

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American Bar Association’s Standing Committee on Pro Bono and Public Service, April 2018.

While the Immigration Law Clinic’s main goal is to provide much-needed legal services while giving students an invaluable educational experience, it’s also served as an incubator for new attorneys with a passion for immigration practice. Veronica Thronson estimates that around two dozen students from the Immigration Law Clinic have gone on to practice primarily in the field of immigration law.

Before I attended law school, I always knew I wanted to do something that involved international clients. While I was working in the clinic, I absolutely loved the case work. The cases and the processes were very interesting to me. I got to work with very interesting and diverse clients, and I developed a close relationship with Veronica Thronson. She guided me through my work; I even came in after the semester was over to finish up and help with some extra case work.

After I left law school and passed the bar, I found a position volunteering with the Diocese of Kalamazoo Immigration Assistance Program; after over a year of volunteering the Program Director at that time found another job and then I replaced her and have been the Program Director since March of 2015. The clinic shaped who I am and my current career. It taught me the things I need to know in order to run the program that I run.

SAMANTHA LINDBERG, ’13 Program Director at The Diocese of Kalamazoo Immigration Assistance Program Kalamazoo, MI

It goes without saying that the MSU Immigration Law Clinic has done extraordinary work in service of a very vulnerable immigrant population. This population requires not only quality legal services, but a means by which those services can be grown beyond the clinic.

Professors David and Veronica Thronson provide a great means of introducing students to the foundations of immigration law and practice and offer a valuable deep-dive and hands-on experience into specific immigration issues that the clinic is handling. This includes one-on-one mentoring and hands-on casework that exposes the student not only to the controlling regulatory framework, but the faces and stories of the people they serve. These experiences are valuable to the clients and the students experiencing them who, like myself, may develop and explore an interest in immigration law that carries into their professional career.

The population and the profession alike benefit from institutions like MSU Law’s Immigration Law Clinic, and I am proud to have been a part of it.

When I first met David [Thronson] in my Immigration course, I had accumulated a lot of frustrating experiences working with immigrants in varying capacities – as a volunteer and tutor in undergrad, as a social worker helping expectant mothers, and as a teacher helping families navigate the public education system. Along the way, I met so many immigrant families who needed more help than I could give them.

I remember sitting in David’s class and having so many “aha” moments, thinking, “If only I had I known this then, I might have been able to help.” When I finally joined the Immigration Law Clinic, I started putting all that knowledge and experience into practice and it suddenly became so clear to me what I was meant to do with my social work and law degrees.

When I shared my idea with Veronica [Thronson] of opening a nonprofit law office in Holland, Michigan, she was immediately supportive and encouraged me to go for it. This was just three short years after graduation when most people would have questioned whether I had enough professional experience to run my own nonprofit law office; but Veronica was confident in my ability. In addition to encouragement and technical support, David and Veronica personally gave me the seed money to help me apply for our 501(c)3 nonprofit status with the IRS. They take their duty to educate beyond the classroom and beyond law school. I would not have been nearly as prepared to engage this career without the support and education I received from David and Veronica at the Immigration Law Clinic. I am so incredibly grateful for them.

SARAH E. YORE-VAN OOSTERHOUT, ESQ., ’12 Founder & Managing Attorney at Lighthouse Immigrant Advocates Holland, MI

My time at the clinic solidified my focus on addressing the legal rights of immigrants and exposed me to the specific issues, resources, and communities involved in this work in Michigan. The exposure was instrumental in my award of a Skadden Fellowship with the ACLU of Michigan, and I am pleased to see the clinic being recognized for the work they do with the immigrant community and its preparation and mentoring of students to take on this much-needed work.

MONICA ANDRADE-FANNON, ’17 Skadden Fellow at ACLU of Michigan Detroit, MI

CHRISTOPHER RICOTTA, ’13 Attorney at Fakhoury Global Immigration, USA PC Troy, MI

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CLASS 1980s

HON. JON A. VAN ALLSBURG, ’81 – was elected president of the Michigan Judges Association, representing 240+ judges of Michigan's Court of Appeals and Circuit Courts.

KRISTEN N. NICHOLS, ’05 – was named a shareholder at Turner Padget Graham & Laney, PA beginning January 1, 2020.

She serves as the chair of the firm's diversity and inclusion committee, which is titled Turner Padget Together. She was also elected to the executive committee of the South Carolina Women Lawyer's Association and will serve as president in 2024.

1990s

JASON SWEET, ’06 – joined State Farm Mutual Automobile Insurance Company as counsel.

ANGELA EMMERLING SHAPIRO, ’98 – earned the prestigious Certified Information Privacy Professional/US (CIPP/US) credential through the International Association of Privacy Professionals (IAPP). She is a litigation attorney, with a focus on electronic discovery, and shareholder at Butzel Long law firm.

JULIAN R. WILLIAMS, ’07 – was selected to serve as the University of South Carolina’s first vice president for Diversity, Equity and Inclusion.

MAURICE G. JENKINS, ’81 – was featured in the Chambers USA 2020 Guide, a publication ranking the leading lawyers and law firms across the U.S.

AIMEE GUTHAT, ’99 – joined national workplace law firm Jackson Lewis P.C. as a principal in Detroit.

2000s LORI L. BOMMARITO, ’00 – began a new position as assistant probate court administrator/attorney referee for the 42nd Judicial Circuit Court, County of Midland, Michigan.

SEAN P. MCNALLY, ’03 – was named managing partner of Troutman Pepper’s Detroit office.

JAMES FUNK, ’04 – was promoted to vice president of Finance Operations for Supply Service Resource Management Division at CommonSpirit Health.

MATISS DAVIS KUKAINIS, ’04 – was elected as the chairman of the Board of the Norwegian Chamber of Commerce in Latvia.

MICHAEL ANITON, ’05 – was appointed to serve as an administrative law judge for the DC Office of Administrative Hearings.

THOMAS COKE, ’08 – finished his first year as chief strategy officer at BitLyft Cybersecurity, working directly with AI and ML to improve cybersecurity.

PATRICK MCANDREWS, ’09 – was named partner at Spencer Fane LLP. He is a member of the firm's Litigation and Alternative Dispute Resolution practice group in the Kansas City office. He is also the co-chair of the Spencer Fane Startup Lab, an innovative program designed to assist burgeoning businesses address legal needs.

CHE PETERSON, ’09 – was appointed CFO of Central City Integrated Health in Detroit.

2010s CHRIS W. MICHAEL, ’10 – was elected partner of Ice Miller LLP effective January 1, 2020. He is now a partner in the firm's Business Group with a focus on private equity mergers and acquisitions.

JENNIFER ANDREW, ’11 – was elected partner at Chicagobased IP firm Fitch Even, effective January 1, 2020.

MALLORY FIELD, ’11 – was elected partner at Varnum. She is a corporate and financial services attorney in the Novi office.

IN MEMORIAM ILI J. SUBHAN, ’11 – was awarded the Wisconsin Legal Innovator of the Year Award for 2019 by the State Bar of Wisconsin.

Mr. Arthur E. Benedetto, ’68

FORD J.H. TURRELL, ’12 – was named partner at Warner Norcross + Judd LLP. He practices in the firm’s Grand Rapids office.

The Honorable William J. Caprathe, ’65

JUSTIN BABBIT, ’13 – was recognized by the Ingham County Bar Association with a Top 5 Under 35 Award.

Mr. Harry M. Eisenberg, ’74

Mr. Francis E. Cafferty, ’75

Hon. Richard I. Cooper, ’73

NICHOLAS STANDIFORD, ’13 – was named an Emerging Lawyer, for the third year in a row, as one of the top lawyers in Illinois who are age 40 or younger.

Mr. Alan C. Ewbank, ’98

JESSICA SHAH, ’15 – was recognized by the Ingham County Bar Association with a Top 5 Under 35 Award.

Hon. Walter W. Gallaher, ’71

Mr. Thomas P. Flanagan, ’72

Mr. Norman C. Kohlstrand, ’89 LAUREN R. KREINBRINK, ’16 – is running for the position of elected prosecuting attorney for Mason County.

ERNSCIE AUGUSTIN, ’17 – was recognized by the Ingham County Bar Association with a Top 5 Under 35 Award.

DAVID R. SHEAFFER, ’17 – was elected by his peers to a three-year term as a director of the Oakland County Bar Association's New Lawyer's Committee.

ALYSSA ALBRIGHT, ’19 – joined O'Reilly Rancilio PC in November 2019 as an associate and member of the firm’s Litigation and Municipal practice groups.

DYLAN J. GOODWIN, ’19 – joined Moss & Colella, P.C., as an associate attorney in November 2019 and will focus his legal practice on litigation involving first and third-party auto law, negligence, medical malpractice, premise liability, civil rights, discrimination, gross negligence, and governmental immunity cases.

Mr. Herbert D. Levitt, ’85 Mr. Anthony J. Mansour, ’50 Mr. Kenneth R. McAlpine, ’55 Mr. George E. Michaels, ’66 Mr. Jamie T. Nichols, Jr., ’17 Ms. Judith M. Sables, ’62 Mr. Arnold J. Shifman, ’65 Ms. Giugliana M. Teves-Diaz Mr. David J. Yodhes, ’90 Hon. Robert L. Ziolkowski, ’70

ALAINA NELSON, ’19 – joined Foster Swift Collins & Smith, PC in November 2019 as an associate and member of the Trusts & Estates practice group at the firm’s Lansing office.

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Submit career or personal news online at law.msu.edu/spartan-lawyer/alumni-notes.php

SPRING SEMESTER REPORT

PANEL DISCUSSION:

BOSTOCK,

ZARDA, & STEPHENS LGBTQ Rights in the Workplace

Following the recent Supreme Court decision to protect LGBTQ workers under Title VII, MSU Law’s Professor Nancy Costello coordinated a panel of MSU Law grads, a current student, and the ACLU of Michigan’s Jay Kaplan (who represented plaintiff Aimee Stephens) to discuss this landmark case.

Here are a few of the many highlights from their fascinating conversation.

COSTELLO: Can you explain why this case came down the way it did – because Gorsuch was seen as a textualist – and does this case really pivot on sex? Can you explain, legally, how that worked?

KAPLAN: When we knew these cases were going to be before the Supreme Court, we made a very conscious decision with Aimee’s cases – what justices are we going to appeal to? We have a very conservative court. We have to decide what arguments are going to work. […] In Aimee’s case, if her employer regarded her as male because she was assigned male at birth, even though she saw herself as a female, then the decision that he made to terminate her was because of that lens. Because of sex.

PANELISTS Heather Johnson, ’12: Vice President and Consultant, Engage Learning Inc. Jay Kaplan: Staff Attorney, ACLU of Michigan’s LGBT Project Kate Kerbrat, ’18: Assistant Prosecutor, Muskegon County, Michigan Savannah Kolodziej, ’19: Attorney, Bradley Arant Boult Cummings LLP Kristin McNeill, ’21: 3L at MSU Law

COSTELLO: How does the Bostock case influence things like educational policy and federal policy?

JOHNSON: It’s a but-for exemption: there can be another piece attributed to it, but if it’s based at all in any part on sex, it’s discriminatory. Period. That’s better than I ever thought we’d get. As a textual analysis, that’s so specific. Unlike Lawrence v. Texas, it doesn’t hedge its bets. It doesn’t carve out a tidy little side test. It’s very direct in what it does. It makes no qualms about it.

There was a lot of controversy about the way of framing that argument. Particularly in the transgender community, people thought that was kind of insulting. And I understand where they’re coming from.

I think the one thing I would have liked to have seen this opinion do is to have talked about sexual orientation and gender identity. While they mention it a few times, it’s not addressed completely throughout. I was very impressed (and I thought it was a huge growth moment) that the Court used the correct pronouns throughout the opinion. I thought it was an incredible way – maybe they didn’t do it intentionally, but I think they did – to honor Aimee and others.

JOHNSON: Sometimes the way you win the right is to frame it in the language that they can hear. That they can hear and make an argument for. And it may not be something that the community that you’re representing would like or understand, but it’s what you legally need to do in order to present the most effective argument.

[…] The incredibly long dissent written by Justice Alito (joined

by Justice Thomas); when you read it, it’s tough. It almost takes your breath away, because it tells you how wrong they think it is, that basically the Court is legislating from the bench. But what it does is give a laundry list of pretty much everything that could be challenged because of this decision.

COSTELLO: What’s the biggest decision here? Is it Obergefell [2015 marriage equality decision] or is it Bostock, Zarda, and Stephens?

So I would say the answer is that there’s a large legal battle ahead for how this could fit into housing discrimination, to healthcare, to education, on the federal and the state level.

KAPLAN: I think in some ways this is a more significant case because it deals with direct discrimination and what’s the theory you can use to challenge that. […] What the Bostock decision did is – for people that live in 29 states that have civil rights laws that don’t explicitly mention sexual orientation and gender identity – you now have protection from employment discrimination. And I think we’re going to see litigation in those states regarding other contexts.

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MODERATOR: Nancy Costello: Associate Clinical Professor of Law and Director of the First Amendment Law Clinic at MSU Law

COSTELLO: Having learned this [LGBTQIA+] legal cannon in depth, and learning all the underpinnings of it, how have you seen this applied in practice?

KERBRAT: We deal almost with the periphery of these issues – I think would be the best way to say it – or maybe with reallife drama. When you come to court for one of my cases, it’s not something you want to be there for. It’s often the worst experience of somebody’s life.

We do see cases, especially now that I’m in neglect court, where we’ll have children who identify as trans, or LGB, or non-binary, even. […] We try to be very cognizant of that, especially with children, because in my position, mental injury is something that the courts recognize as an actual injury to a child. So that’s something we have to address at every step of the process.

And so while in court, unfortunately, we do have to initially identify somebody with their birth name, we immediately switch to “otherwise known as (somebody else).” And we identify them in the rest of the hearing in the way they prefer and we use the pronouns they prefer. I’m very lucky that I’m currently assigned to a courtroom that takes that step, because I know not every courtroom does.

JOHNSON: I think the really important point here is that every time you walk up to represent a client there’s an educative moment in that process.

KERBRAT: Yes. Because everybody deserves their dignity.

No matter what side of the process you’re on. If I am dealing with a defendant who has a certain way that they want to be addressed, I go out of my way to make sure that they’re addressed that way; I’ve even corrected the court before.

KOLODZIEJ: On a day-to-day basis, LGBTQIA+ issues don’t come up because my practice focuses mostly on healthcare and financial services. […] Most recently […], I got to present to my entire practice group about these issues – and these are lawyers who are practicing for decades, and they just have never had to deal with it. It’s just never come up, and so I was really able to inform a lot of people. I went through basic definitions, just looking at sex versus gender identity.

I received a lot of positive feedback and I was lucky that they were able and willing to listen to what I had to say, and really took it to heart. I had follow-up emails from several partners and they wanted to know more after the opinion came out. It was just a great way to start a discussion about sexual orientation and gender identity generally.

COSTELLO: I’m looking at this issue as an almost 61-year-old woman, a lot of my friends are retiring – so we love that this historic decision came down, but I’m sure we have a different view than someone who is 25 years younger. What kind of impact do you think the Bostock decision has on your age group?

Bostock v. Clayton County resolved a longrunning disagreement about whether Title VII of the Civil Rights Act of 1964 extended protections to sexual orientation and gender identity. The Court held that it does and that it is not relevant how the decision was framed or what motivated it. Though an employer may argue that a decision was based on sexual orientation and not sex, for example, if they fire a man for dating another man but would not have fired a woman for dating a man, that difference in treatment is clearly a direct result of the sex of the employee. If the outcome is a difference in treatment because of the sex of the employee, the action is prohibited under Title VII. Additionally, the Court held that sex does not have to be the sole reason for firing and that it is not relevant whether people and classes of people were treated equally in aggregate.

MCNEILL: I think that my age group is very interesting because we’re a very visible group on social media, and we’re very active – and I think that people assume that just because we’re so visible and we appear to be advocates that lots of people feel comfortable coming out in any situation that they’re in.

But I think a lot of people might be out on Twitter or in limited age groups, but they also feel the fear of coming out to an employer or to groups outside of their close friendships. So I think that this decision really provides a safety net for them to feel like they do have the opportunity to come out in more situations.

COSTELLO: I left Michigan, I left Detroit to go to the East Coast, to go to Boston to come out, because I didn’t feel like I could do it here. And that was in 1983/1984. And then I came back in the early 90s, I was gone for like 11 years and it still felt like a backwater to me, in Michigan.

And there’s a lot of things happening here. […] Coming out in the heartland and being who you are in the middle of the country and fighting for these issues is so important. You don’t have to be on the coasts just to feel comfortable anymore.

There’s a lot of us around, and Michigan State University believes in these issues.

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CLASS of 2020 For the Class of 2020, the final few weeks of law school were not what was anticipated. With the challenges of an unexpected mid-semester move to online classes in March, nothing was certain, except perhaps one thing: the strength of this year’s graduating class.

Congratulations

Through all the change that the last semester of law school threw at our 3Ls, they responded with impressive flexibility and inspiring levels of compassion. Navigating the twists and turns of a legal education certainly readies one to take on the responsibilities of the field

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JURIS DOCTOR Jordan Marie Ahlers Jared Matthew Allyn Shane Andrew Anderson Bryndan Paul Arnold Lawrence Arsanos Benjamin Asp Nicholas R. Aukerman Olivia Rosemary Comeau Avery Mark Jacob Babcock Daniel James Baker Megan Alyse Bauer Michael Robert Bechtel Victoria Catherine Bellamy Makayla M. Bendele Taylor Nicole Berry Christine BienAime Ronald Josue Blanco Austin David Blessing Aaron Shi-Weng Boey Gage Allan Bowman Sarah Jane Boyd Amber Lynne Brevig Raechel Broek John Thomas Brown Michael Wayne Brown Michael Buchanan Alexander J. Burridge Hannah Elaine Buzolits Logan Pierce Byrne Aaron Cain Christopher Robert Candela Daniel W. Cermak Jessica A. Chapman Elizabeth Marie Chirco Joseph Theodore Chletsos Christina K. Coffman Aubrey Rose Collins Sean Patrick Conaway Andrew David Cook Tyler Roy Covell

but with the addition of everything the world has faced in these past several months, there can be no doubt that these young alumni will do incredible work in whatever avenues they pursue.

While the Law College was unable to host a traditional Commencement ceremony in May, we look forward to when we can safely celebrate our newest alumni with their family, friends, and loved ones. Until then, we present to you, the graduates of the Class of 2020.

Zachary Dale Cronkhite Matthew Frederick Danielson Bryan William Davis, Jr. Gabrielle Christine Davis Johnathan Adam DeBord Osnelicia Dentilus Emilie Kate DeRemer Billie Leona DeShone Shelby DeVuyst Lauren Mary Donaldson Andrea Cecilia D'Silva Stephanie Ducastel John Michael Dunnam II Franceska N. Edinger Chloe Elm Ryan A. Emmerling Austin L. Enfinger Victoria Espinoza Matin Fallahi Yasmeen Mohamad Farran Levi Sampaio Feitosa James Joseph Fleming Maxson Joseph Frederick Adam Albert Gabay Nancy M. Gadallah Kaitlin Mariel Gant Marina Garcia Edward Callier Gardere III Jacob Andrew Gattuso Sarah Nicole Gattuso Jordan Constance Giles Tianyi Liu Goldberg Anthony Saxon Gonzales Tayler Jo Graver Jasleen Grewal Gerry Randell Griffith II Warren Topp Grover Erika Christine Hahne Nicholas Patrick Hall Joseph Jared Hardy

Spencer James Matthew Harries Lucas James Hesskamp Alise Sabra Hildreth Jacob Benjamin Hoeferkamp Wade D. Holcomb Carolyn Makenzie Horton Polina Emilova Hristova Emily Patrice Jenks Madison Jane Jerman Spencer Jolicoeur James Robert Joling Danielle Elizabeth Jones Samantha Lynn Kaiser Kelsey Ann Kanthack Elizabeth Marie Karwacki Neema Katibai Simerdeep Kaur Ryan Christopher Keast Ryan M. Keeton James G. Kener Thomas Phillip Kerr Lars Henry Kivari Yasmeen Ebbini Klein Aram Christopher Kokuzian Samuel Naftali Kopmar Allison N. Kruschke Matthew Edward Kuron Lauren Rae LaBaumbard James W. Lamb Priscilla Lao Madison S. Laskowski Dillon Michael Lauricella Briana Jhanae Leatherberry Blake Tyler Lehr Chelsea Nicole Lenard David John Less Brianna K. Loder Kelsey Suzanne Lugin Jacob Graham Lyday Minelli Eriknaz Manoukian

Andrew D. Marcum Lauren A. Marshall Trevor A. Mason Kayleigh-Anne Mattoon Zakary Shaw McLennan Lucy Jean McManaman Ashley L. Medina Ross William Meenagh Emily R. Michienzi Leif Andrew Midgorden Jay Alexander Miller Jordan D. Miller Zachary Mittison Austin Michael Moore Michael Kenneth Moran Rachel Michelle Morin Jaydyn Emily Alex Morrison Hagop Daniel Mouradian Brittany Munger Ryan Joseph Murray Jamileh Naboulsi Mary Katherine Neilson Victoria Rochelle Nelson Elizabeth Mary Nieusma Mackenzie Anne O'Brien David Armando Occhiuto Dakota Offman Alex Oh Stephen M. Olshemski Ann Olson Alexandra Lee Page Alexandra Sherda Page Danielle Marie Paglia Christian D. Parker Emily Catherine Wacyk Paski Shivani S. Patel Casey Erin Peacock Zachary Phillip Pelech Nichole Perera Steven Thomas Peruski Kathryn Irene Petersen Thomas J. Philbrick Amanda Marie Pierzynski Sarah Jean Daguno Pineda Angela N. Ploucha Lindsay Elizabeth Poetz Ashley A. Poindexter Tomas Eduardo Porras-Acosta Jason M. Porter Drake Lee Powell Angela M. Quinn Christin Marie Roberts

Danielle Denise Rogers Suzanne Berube Rorhus Samantha Paige Rothman Donovan Marcus Sabga Reem Said George Zehn-Hua Sang Michael Thomas Sangster Amanda Tiemi Sano Remy Singh Sansanwal Nikolas Lee Schieder Emily Seeling Wesam J. Shahed Austen James Shearouse Ian Andrew-Forrest Sheets Sherwin S. Shushtari Jessica Shymanski Tyler Alexander Silvestri Vishivdeep Singh Jessica Skelly Gregory Adam Skubick Melissa Marie Snyder Emily Rachel Sosolik Timothy J. Soucy Milan Spampinato Nicole Elizabeth Springstead Anthony Squadrilla Veronica Louise Stachurski Tyler Hunter Stahl Matthew David Staples Lucas W. Stephens Logan Charles Stevens Laura Elizabeth Stickney Anna B. Stirling Matthew James Stokes Michael Armand Stolte Evan Blair Strong Kelly Christine Sweeney Alexander Jakob Talaske Brittni Nicole Templeton Abigail Grace Tepper Joshua Evan Thall Caitlin Ann Thireault Molly Elizabeth Triolo Elijah Raheem Tyra Mario Dimitri Valdovinos Kelsey Lynn VanderMeer Jacob Vande Zande Nicole Brianna Walker Braden Michael Walter Courtney Ware Anthony Warren Justin Washington

Katelynn Marie Watkins Claire Rebecca Webb Natasha Wilkins Bria Quizette Williams Nicole Marie Wisnewski Alexandra Elizabeth Wolf Kyle Jakob Workman Songyu Xiang Changyue Xu Maria Yaremenko Rachel Elise Young Zachary Michael Youngsma Dan Zhang Austin Anthony Zima Sarah Kay Zlotnicki Mitchell Fischer Zolton Kirsten J. Zook MASTER OF JURISPRUDENCE GLOBAL FOOD LAW Emily K. Bowman Judy K. Burton Caden James Carter Elizabeth Victoria Shea Curry Ranjeet Klair Samuel Lindsay Mary Long Maier Serap Ozcan Corryne Alise Ransburgh Stephanie Sieving Jennifer Weekes MASTER OF LAWS GLOBAL FOOD LAW Saleha Bilal Adam Benjamin Bourdette Peggy M. D’Avenio Kris Ann DeAngelo Maria Alejandra Bendana Espinoza Melanie Marie Glover Jin Jeong Kim MASTER OF JURISPRUDENCE INTELLECTUAL PROPERTY Cameron Chambers Jonathan Robert Ristola MASTER OF LAWS AMERICAN LEGAL SYSTEM Camilla Didone Prachi Prakash MASTER OF LAWS LEGAL STUDIES Andrew Roman Messing Molly Elisabeth Paquin

19

PROPERTY LAW w ith Professor Jennifer Carter-Johnson Finders keepers? As you learned in Property Law during 1L year, that’s not always the case. From land disputes to rightful possession of buried treasures, the ins and outs of ownership and property rights are meticulous and narrow. Professor Jennifer Carter-Johnson’s quiz will put your knowledge to the test.

(And if it's tougher than you remember, you can always check your answers at the bottom of the page!)

Lose because she had become the owner of Redacre. a. b. Lose because she did not use her easement for the statutory period of 20 years. c.

Lose because it had become unnecessary to use the easement due to her possession of Redacre. d. Win because her nonuse of the easement does not extinguish it.

Olivia owns a pearl necklace. While visiting her friend, Anna, Olivia accidentally left the necklace behind. Olivia did not realize this, but a few weeks later, when Anna came to visit Olivia, Anna brought the necklace back. Olivia was surprised to learn that she had left the necklace at Anna’s house. She was so grateful that she said to Anna: “I am leaving this necklace to you when I die.” Anna thanked Olivia, saying that she had always admired that necklace.

When Olivia and Anna went out to dinner together that evening, Anna proudly wore the necklace. When they returned to Olivia’s house, Anna left the necklace there and returned to her own home. Three days later, Olivia died in a plane crash. Under the traditional principles of the law of gifts, who owns the necklace and why? a. Anna owns the necklace because the quoted words show Olivia had the intent required to make a gift, Anna’s response shows acceptance, and delivery was accomplished when Anna wore the necklace to dinner. b. Olivia’s estate owns the necklace because the quoted words do not show an intent to transfer a present interest to Anna and conditions required for a valid gift causa mortis were not satisfied.

20

Anna owns the necklace because of the close proximity c. of Olivia’s death after Olivia spoke the quoted words. d. Olivia’s estate owns the necklace because an inter vivos gift requires writing.

A couple hosted a 7th birthday party for their son and set up games in the backyard of their home.

During a game of hide and seek, a six-year-old girl attending the party uncovered a dirt-encrusted diamond ring in a portion of the yard that had not been cleared in years. The ring had been under several inches of soil that the girl had been poking with a stick. Once the girl uncovered the ring, she yelled for her parents. One of the owners of the house came running and once the girl pointed out the ring to him, he picked it up and cleaned it off.

The couple, who had owned the house for about five years, did not recognize the ring.

In a dispute between the girl’s parents and the couple for ownership of the ring, who is most likely to prevail? a. The girl because the couple who owned the house did not recognize the ring and were therefore not the true owners. b. The girl because the ring had been abandoned. c. The owners of the house because the ring was found embedded in the earth. d. The owners of the house because the girl did not have intent to control the ring and an act of control.

In 2014, Sheldon willed Purpleacre to Leonard so long as Leonard never owns a dog, then the land would go to Amy. Leonard gives his interest to Penny in 2015. Penny adopts a dog in 2016. Leonard adopts a dog in 2017. Amy demands her right to the land in 2018. When does Penny’s interest in Purpleacre end? a. 2015 b. 2016 c.

2017 d. 2018 e. It never ends.

QUIZ ANSWERS: A, B, C, C

Sam, owner of Redacre, granted Mary, owner of the adjoining Greenacre, an easement for a right of way across Redacre. After Sam went to live in Africa for a while, Mary moved into possession of Redacre and used it openly and exclusively, paying taxes for 20 years. She did not use her easement during this period. Sam returned and tried to evict Mary. The court held that Mary had acquired title to Redacre by adverse possession. Mary then sold Redacre back to Sam, who immediately put a chain across the easement. Mary has now brought an action to remove the chain. In most jurisdictions, Mary will:

CAREER RESOURCES FOR SPARTAN LAWYERS CAREER SERVICES SUPPORT Professor Emeritus Clark Johnson used to tell his students that their tuition is good for life – you’re a lifelong member of the MSU Law community and can access its resources. Did you know that holds true for our career support? Our Career Services Office (CSO) is happy to guide our graduates in the field.

If you’re starting to explore the job market (and maybe haven’t looked in a few years), the CSO can help you!

GET ON THE CASE. The CSO team maintains an up-to-date listing of job postings, including openings for experienced lawyers. If you don’t yet have access to CASE, their resource database, they’ll be happy to set up an account for you.

BUILD A STRATEGY. You want a targeted and efficient job search that reflects your personal career goals. If it’s been a while since you’ve looked for a new job, a one-on-one phone conversation with a CSO team member can get your search started.

POLISH YOUR MATERIALS. Your resume and cover letter should help you stand out from other applicants by showcasing your experiences and skills in a compelling way. The CSO can help you revise them to appeal to your prospective employers.

To access our Career Services resources, reach out to Michelle Mitchell, assistant director of Employer and Alumni Relations michelle.mitchell@law.msu.edu

LOOKING TO KEEP IN TOUCH WITH YOUR FELLOW ALUMNI OR MENTOR LAW STUDENTS? JOIN LAW CONNECT. Members of the MSU Law community enjoy exclusive access to the Law hub of Michigan State’s newly launched networking and mentorship platform. Unlike old-fashioned alumni directories that quickly become outdated, Law Connect will help you easily find your classmates and fellow alumni.

Join Law Connect in order to: Grow your network. Meet current and future Spartan lawyers for personal, social, and professional opportunities.

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