Pepperdine Law - Vol. 31, No. 2 (Fall 2012)

Fall

Home for Moses Building Faith from Barbed Wire

Recognizing the “Rabble-Rouser for Peace”

Pepperdine Law students and alumni team to teach Bible study classes at local youth correctional facilities.

Thomas Stipanowich travels to South Africa to bestow the Straus Institute’s inaugural Peacemaker Award on Desmond Tutu

2012

Alan Brown (JD ‘95) and his family share their journey from their Texas home to a Ugandan courthouse to adopt a two-year-old orphan named Moses.

Faculty Essay Review: Louis D. Brandeis’s MIT Lectures on Law

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Caruso Auditorium and Smith Atrium Renovation • $10 million

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rom classroom to courtroom, the Pepperdine School of Law is committed to advancing advocacy and expanding outreach—building practice-ready lawyers to be leaders of tomorrow.

Faculty Fellowships • $1 million

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Malibu • West Los Angeles • Encino • Irvine • Silicon Valley • Westlake Village • Washington, D.C. Heidelberg • London • Florence • Buenos Aires • Lausanne • Shanghai

Vol. 31, No. 2

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Fall 2012

Pepperdine Law, the magazine of Pepperdine University School of Law, is published by Pepperdine University.

Pepperdine Law staff Jannette Jauregui – editor Keith Lungwitz – art director

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Vincent Way – copy editor Ron Hall (’79) – photographer

Features 10 New Opportunities

Jill McWilliams – production manager

for First-Year Students

Gareen Darakjian – contributing Writer

Al Sturgeon celebrates Pepperdine Law’s new preceptor program.

Kimberly Robison (’10) – Web Developer

School of L aw A dministration

12 12 Olympics

Deanell Reece Tacha – Dean

Colleen Graffy discusses a summer Olympic course designed for all things sports.

Richard Cupp – Vice Dean Al Sturgeon – Assistant Dean, Student Life and Director of Academic Success

14 The Law School Crisis

Herbert E. Cihak – associate dean, library and information Services

Paul Caron discusses the highs and lows of the climate of modern-day legal education.

Selina Farrell – assistant dean, career development Carlton Oliver – Director of Student Life and Student Outreach Robert Pushaw – associate dean, research

14 16 Recognizing the “Rabble-Rouser for Peace” Thomas Stipanowich travels to South Africa to bestow the Straus Institute’s inaugural Peacemaker Award on Desmond Tutu.

The Office of Public A ffairs Rick Gibson (MBA ’09) – Chief Marketing Officer and Associate Vice President for Public Affairs and Church Relations Matt Midura (’97, MA ’05) – Associate Vice President for Integrated marketing and communications Megan Huard – director of communications

20 Building Faith from Barbed Wire Pepperdine Law students and alumni team to teach Bible study classes and local youth correctional facilities.

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Brett Sizemore – director of creative services Ed Wheeler (’97, MA ’99) – director of Interactive

24 A Home for Moses

Please direct address changes, letters to the editor, comments, and requests to:

Alan Brown (JD ‘95) and his family share their journey from their Texas home to a Ugandan courthouse to adopt a two-year-old orphan named Moses.

Pepperdine Law Pepperdine University School of Law 24255 Pacific Coast Highway Malibu, California 90263 p: 310.506.4629

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28 In Pursuit of Power

f: 310.506.7440

e-mail: jannette.jauregui@pepperdine.edu

Corporate attorney Theona Zhordania (JD ’07, MBA ’07) brings her tenacious spirit to the courtroom.

School of L aw Offices Admissions...................................................... 310.506.4631 Advancement and Alumni Relations...............310.506.4492 Career Development ......................................310.506.4634

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30 Faculty Essay Review: Louis D. Brandeis’s MIT Lectures on Law.

Global Justice Program ..................................310.506.4734 International Programs ..................................310.506.7597

In Every Issue

Straus Institute for Dispute Resolution . ........310.506.4655

Geoffrey H. Palmer Center for Entrepreneurship and the Law .................310.506.4681 Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics . .........................310.506.7635

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2 Message from the Dean 3 News Shorts 34 Faculty Activities 39 Class Actions

Clinical Programs .......................................... 310.506.7449

Read the magazine online at lawmagazine.pepperdine.edu LS1202015

cover: Moses Brown embraces his sister after being adopted from an orphanage in Uganda.

Message from the Dean a legal education. More important than the external critics, is the appropriate inquiry that current and prospective students are engaging in regarding whether law school is worthwhile for them. Applications to law school nationwide and at Pepperdine are down significantly. Student debt load is at an all-time high. At least in the short-term, the legal employment market is providing fewer employment opportunities for graduating law students than at any time in the recent past.

Toward the end of introducing our students to the profession early, we are beginning a preceptor program for our entering first-year students this year. This program is discussed in Al Sturgeon’s (JD ’11) article on page 10. In short, 80 generous alumni have volunteered to serve as preceptors so far. I am grateful to them and to Al, Pepperdine’s assistant dean for student life and director of academic success, who has provided inspired leadership for this initiative.

I am gratified by how many Pepperdine alumni—in many professional settings— have stepped up this past year to offer… opportunities for our students.

I

am enthusiastically looking forward to my second full year as dean of the Pepperdine University School of Law. What a privilege it is to serve in this capacity! I know so much more than I did a year ago about the law school and all of its extraordinary students and committed alumni and friends. The most important thing I have learned is how much the entire law school community and the University care about making certain that this law school continues to build upon a tradition of academic excellence, student-centered teaching and learning, and service to the profession, nation, and world. It has been energizing and enriching to work with the University administration, students, faculty, alumni, and friends to nurture and enhance the law school in these challenging times.

I have also learned graphically that these are challenging times indeed. While on a friend-building trip just as I was just beginning my tenure as dean, I woke up in a hotel room to a front-page New York Times article decrying the value of a legal education in large measure because of a failure of law schools to teach “practiceready” skills. That particular article claimed that new law graduates may know enough to pass the relevant bar examination, but can’t draft a contract. I won’t take this space to debate the truth or merits of those assertions, but, suffice it to say, that the New York Times article was just the beginning of a drumbeat of critiques of the value of P E P P ER D I NE L A W

These and other issues facing legal education are discussed in Paul Caron’s article on page 14—a necessary message in difficult times.

We will spend much of this year at Pepperdine Law looking at the questions that are being raised about legal education. Some are quite legitimate and provide us an avenue for analyzing how well we are equipping our graduates for a rapidly changing legal market where students move into a host of employment venues. We will be looking at our clinical and experiential offerings and asking many questions about their integration into the curriculum, their rigor, and their costs. We will be taking a hard look at how we approach the teaching of legal research and writing.

Integration of writing experiences into some of the traditional law school classes addresses the New York Times indictment about drafting a contract. Perhaps of utmost importance, we will be looking at how we can maximize effective experiential opportunities for our students through clerkships, externships, internships, and any other “on-the-job” placements that will give students the kind of apprenticeship experience that helps them move more seamlessly into the legal employment world. I am gratified by how many Pepperdine alumni—in many professional settings—have stepped up this past year to offer these opportunities for our students. We thank you and hope you will continue to help us in this way.

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I could not write about the challenges in legal education without underscoring how important it is for us to address, in as many ways as we can, the cost of legal education.

We must analyze this issue internally, but it also requires renewed attention and vigor in providing financial assistance to our students. My primary goal in attracting resources to the school this year will be to try to alleviate, as much as we can, the great financial burden that a good legal education imposes. Again, I will need your help.

Lest this all sound like gloom and Malibu doom, it is not!! We have a productive and truly exciting faculty doing work on the cutting edge of very important issues in legal scholarship. Our students are so bright and such high achievers! The University administration is notably supportive of the School of Law. In particular, President Benton and Provost Tippens are working closely with us on all of the challenges we confront. Best of all, we continue to place our mission of purpose, service, and leadership at the focus of all we do. I am humbled to be working at such a place and to join hands, hearts, and intellects in a renewed commitment to a bright future for Pepperdine University and its School of Law. In service, Deanell Tacha Duane and Kelly Roberts Dean and Professor of Law

news shorts

New Faces in the Dean’s Suite The Dean’s Suite at the School of Law welcomed four new faces this summer. Richard Cupp (’83) stepped in as vice dean; Al Sturgeon (JD ’11) took on the role of assistant dean for student life and director of academic success; Carlton Oliver became the director of student life and student outreach; and Robert Pushaw began his tenure as associate dean for research.

Richard Cupp

Al Sturgeon

Carlton Oliver

Richard Cupp joined the faculty at the School of Law in 1991 after serving two years as associate general counsel for Pepperdine. A 1983 graduate of Pepperdine’s Seaver College, Cupp says Pepperdine’s unique mission attracted him as a student, and continues to motivate him today.

Robert Pushaw

Carlton Oliver joined the Pepperdine Law community in 2007 as the associate director of information services. For six years, Oliver worked to manage the day-to-day operations of the department, coordinating the technological components of all major events. In his latest role as the director of student life and student outreach, Oliver is most excited about working with students in identifying their passion in the legal field, and in helping them grow as individuals.

“This is a place that regards each student as a person of infinite dignity,” he said. “Pepperdine is unique in combining academic excellence of the highest order with a faith-based environment. It is exciting to see the harmony of faith and reason in action here.”

“My favorite part about working at Pepperdine University is the enjoyment that comes from working for a place I believe in,” he says.

In his newest role as vice dean, Cupp says he is inspired by Dean Tacha’s energy and by Pepperdine’s potential. Among his goals as vice dean are to develop and strengthen curriculum, experiential learning, faculty scholarship, and the focus on students. In addition to Dean Tacha, Cupp noted the history of leadership associated with Pepperdine University, including School of Law Dean Emeritus Ronald Phillips and former Pepperdine university president Howard White, both of whom he views as mentors.

Robert Pushaw joined Pepperdine in 2001 after having previously served as a professor of law at the University of Missouri where he received the William Kemper Fellowship for Teaching Excellence, that university’s highest teaching honor, and the Shook Hardy and Bacon Award for Research Excellence. Professor Pushaw is an original and prolific scholar in the fields of constitutional law and federal jurisdiction.

Dean Tacha described Pushaw as one of the School of Law’s “most productive scholars and an outstanding mentor to our colleagues engaged in active endeavors. In this day of very limited resources for everything that we do, it is extremely important that our research dollars promote and encourage faculty scholarship. I look forward to working with Bob as we continue to enhance the scholarly capacity of this law school and to help our faculty members realize their scholarly aspirations.”

“We are blessed to have Dean Tacha and a succession of leaders before her who have owned the mission of Pepperdine and have furthered it,” Cupp said.

Al Sturgeon graduated from the Pepperdine School of Law in 2011. A former pastor of 10 years on the Mississippi Gulf Coast and former basketball coach and social science teacher, Sturgeon was drawn to the Straus Institute through his interest in gaining skills in diplomacy and mediation. Soon after passing the bar exam, he was offered a position directing the Academic Success Program at the School of Law. As assistant dean for student life and the director of academic success, Sturgeon’s focus in on building on and enhancing the work of his predecessor and colleague, Jim Gash (JD ’93).

“I have a lot of respect for his work,” Sturgeon said. “I think he did an amazing job, and I look forward to the opportunity to make a similar impact on the Pepperdine community.”

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news shorts

Straus Academic Director Tom Stipanowich with Randy Lowry and Peter Robinson

Straus Institute Celebrates 25th Anniversary Faculty, staff, students, alumni, and distinguished counsel members of the Straus Institute for Dispute Resolution celebrated the program’s 25th anniversary with a social gathering on June 22 at the Jonathan Club in Santa Monica, California.

More than 160 guests gathered at the beachfront location to honor the history of the nationally top ranked Straus Institute. Among those in attendance was L. Randolph Lowry III, founder of the Straus Institute, who currently serves as the president of Lipscomb University in Nashville, Tennessee.

degree in 1995. In 2002 School of Law faculty approved the LLM degree program. Since then, the Straus Institute has attracted top legal scholars and professionals alike from throughout the world, and has remained at the top of the U.S. News & World Report rankings for dispute resolution programs for eight consecutive years.

Lowry’s idea to begin a dispute resolution program was approved by the faculty of the School of Law in 1988. The program first offered a 14-unit certificate in dispute resolution, originally envisioned to provide an optional experience for law students. Within a few years, lawyers and other midcareer professionals began applying to the academic certificate program after positive experiences at Straus-sponsored workshops and conferences.

The demand grew to prompt the inclusion of a master of dispute resolution

“It was wonderful to be with so many of the people who have contributed to Straus’ success like Randy Lowry, Ron Phillips, lots of adjunct professors, and alumni,” said Peter Robinson, managing director of the Straus Institute.

“We are humbled by the recognition we’ve received over the last 25 years.

It was also a great opportunity to dialogue about future opportunities for service and influence.”

on the WEB: law.pepperdine.edu/straus

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Introducing the Fall 2012

and trademarks. A former associate in the San Francisco office of Cooley Godward, Harris currently serves as an associate law professor at Temple University. He graduated from Loyola Law School Los Angeles, and received his LLM from the University of Wisconsin Law School.

Three key names in the legal field have joined the Pepperdine School of Law as visiting professors for the Fall 2012 semester.

“Each school has its own character,” Harris said. “With Pepperdine I am most looking forward to teaching at a school that incorporates faith and religion with the law. This is relatively unique in American law schools and Pepperdine has been doing this successfully for a long time. I also respect the student body, which is on par with any in the country. These two aspects of Pepperdine are very appealing and I look forward to seeing them both up close.”

Visiting Professors Akhil Amar

Akhil Amar has spent nearly a decade serving as a D & L Straus Distinguished Visiting Professor. The Sterling Professor of Law and Political Science at Yale University teaches constitutional law at both Yale College and Yale Law School.

Donald Harris

Ahmed Taha

In addition to teaming with Pepperdine law professor and dean of research Robert Pushaw to teach an intensive two-week course on constitutional law, Amar also presented his latest book, America’s Unwritten Constitution, as the University celebrated the 225th anniversary of the United States Constitution in August.

Ahmed Taha will serve for the first time as a D & L Straus Distinguished Visiting Professor for the 2012-2013 academic year.

Focusing on civil procedure and law and economics in the fall, and corporations and accounting in the spring, Taha brings a wealth of experience to Pepperdine.

“I am most looking forward to connecting with the students and reconnecting with old friends,” he said. “I first came to Pepperdine for the beach and stayed for the people.”

A professor of law at Wake Forest University School of Law, Taha is a former trial attorney for the U.S. Department of Justice, Antitrust Department; a former litigation associate for Wilson, Sonsini & Goodrich in Palo Alto, California; and a former corporate finance analyst for McKinsey & Company, Inc.

Donald Harris joins Pepperdine Law for the first time, teaching four courses on intellectual property, patents, sales,

Taha graduated from Stanford Law School, and received his doctorate in economics from Stanford University.

Three Pepperdine Students Selected as Editors for the Harvard Journal of Law & Public Policy Symposium Issue Three Pepperdine law students were selected as members of the editorial board for the next symposium issue of the Harvard Journal of Law & Public Policy. Elizabeth Adams, Raija Churchill, and Sean O’Neill will each serve as editors.

“Rarely are three students from one law school chosen in one year,” said professor of law Greg McNeal. “This is a real honor.”

Government and the Administrative Coexist?,” which was hosted by Stanford University in March.

cNeal served as an executive editor for the Harvard M Journal in 2005 as a student at Case Western Reserve University School of Law. Additionally, he served as Case Western’s student chapter president for the Federalist Society, which sponsors the publication of the symposium issue of the Harvard Journal. During his time on the editorial board, McNeal assisted in editing an article contributed by Pepperdine professor of law Doug Kmiec.

McNeal noted the irony, saying that at the time he never realized their paths would cross as colleagues.

“The selection to be a part of this unique and prestigious journal is an honor,” Adams said. “Some of the very brightest conservative and libertarian legal minds in the country contribute to this journal, and it is a privilege to be an editor of these scholarly works.”

“I am very excited and humbled by the selection,” O’Neill said. “It is always gratifying when another institution or individual recognizes that hard work and rewards you with opportunity. I am very excited to have the opportunity to be associated with the premiere journal on law and public policy, and I can’t wait to get started.”

As the next editor-in-chief of the Pepperdine Dispute Resolution Law Journal, and as a member of the Federalist Society and current board member of the Christian Legal Society, Churchill is looking forward to the opportunity to work with the writings of some of the nation’s best legal scholars.

Each year, Harvard University publishes three issues of the journal, all edited

by Harvard students, and one additional symposium issue, edited by a select group of students from throughout the country.

“It is an extremely prestigious list,” McNeal said, noting that the lineup often includes students from Yale University, University of Notre Dame, Northwestern University, and Duke University.

“The journal is a forum for dialogue among skilled legal scholars, including John Eastman from Chapman Law, Michael McConnell from Stanford Law, and several Supreme Court justices,” she said. “Serving that dialogue is humbling and a delight.”

This year’s symposium issue will focus on writings from the Federalist Society National Student Symposium, titled “Bureaucracy Unbound: Can Limited

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news shorts

Harnish Law Library Website Recognized as Best

Nicolas Kublicki

Library Faculty Service Site

Adjunct Publications Find Success in Both Fiction

The Harnish Law Library’s website was voted as the Best Library Faculty Service Site, as recognized by a Social Science Research Network (SSRN) article published in April. The article, Law Library Faculty Services Websites: Top Sites and Services Advertised, which will also appear in the Legal Reference Services Quarterly, referenced an empirical analysis and review of the 200 American Bar Association accredited law school library web pages that evaluated communication of library services with law school faculty.

and Nonfiction Markets Nicolas Kublicki (JD ’92) and Bob Goff recently celebrated the success of their spring book publications.

Both adjunct faculty members at the School of Law, Kublicki and Goff have received rave reviews for their work.

Kublicki’s The Tesla Formula is based on the mysterious life of famed inventor, Nikola Tesla, who died in the midst of World War II while completing an extraordinary invention. The thriller, a Rellihan Satterlee publication, takes readers through a tale of conspiracy and murder, all in an attempt to uncover the Tesla’s secret.

“This truly is an honor,” said Herb Cihak, associate dean for library and information services and professor of law. “What we’re doing with respect to our website services in not being commonly done in law schools.”

Goff’s Love Does: Discover a Secretly Incredible Life in an Ordinary World, which includes a forward from bestselling author Donald Miller, shares the impact of showing love through kind and thoughtful actions.

Publishers at Thomas Nelson sell the story based on Goff’s honest and somewhat unique approach to his own success.

The preface to the article noted “the top 11 library sites in the analysis were identified using criteria such as research support staffing, publishing support, teaching support, and research services. Additionally, library research services, research support staffing, publishing support, and teaching support were evaluated across all 200 schools.”

“As a college student, he spent 16 days in the Pacific Ocean with five guys and a crate of canned meat,” the company wrote in a press release. “As a father, he took his kids on a world tour to eat ice cream with heads of state. He made friends in Uganda and they liked him so much, he became the Ugandan consul. He pursued his wife for three years before she agreed to date him.

His grades weren’t good enough to get into law school, so he sat on a bench outside the dean’s office for seven days until they finally let him enroll.”

Cihak said that the Harnish Law Library offers broader services in comparison to most law school libraries. Among those services is the management of instructional technology, a program designed to bring technology into the classroom to create a richer learning environment for the students, and an overall better teaching environment for the professors.

Additionally the staff at the library offer a liaison program to monitor student learning outcomes; a faculty liaison program in which a member of the library staff is assigned to work closely with each faculty member in documenting scholarship and providing overall support; and a monthly “Tuesday Cafe” in which a member of the faculty meets with students for lunch in the lobby of the library, providing an opportunity for the students to become more engaged with the professors.

In addition to his teaching at the School of Law, Goff is the founder of Restore International, a nonprofit fighting injustices committed against children in Uganda and India. He also shares leadership in a Washington law firm, Goff & DeWalt and serves as the Honorary Consul for the Republic of Uganda to the United States. Kublicki is president of Kublicki Properties, a real estate investment company.

“We are continually adapting to the needs of the faculty,” Cihak said. “And we will continue to make any necessary changes to provide the best and most effective services possible.”

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Bob Goff

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Asylum and Refugee Law Clinic Continues to Strengthen in Most Recent Cases The Asylum and Refugee Law Clinic’s three most recent cases have both challenged and strengthened the program. Each case involves clients that fled their home country to escape death threats received after converting to the Christian faith.

Case one involves an Egyptian national who was born to one of the most prominent Baptist families in her home country. The case was first introduced to the Immigration Court in Miami, Florida, where the client currently lives. According to Bruce Einhorn, director of the Asylum and Refugee Law Clinic, the case was initially misrepresented, and the client was ordered to return to her home country.

“For years her family has suffered through physical abuse and threats by militant Muslims,” Einhorn said. “If they sent her back, she’d be returning with a bull’s-eye on her.” Einhorn continued, noting what has become known as the Arab Spring.

“The so-called Arab Spring has allowed for well-organized, fundamentalist Islamist groups like the Muslim Brotherhood and the Salafi movement to go public with their intolerant positions on religious minorities, especially Christians, women’s rights, and Israel,” Einhorn said. “These Islamist groups have become both popular and powerful, especially in Egypt, and their prominence has paralleled increasing acts of violence, intimidation, and other forms of persecution against Christians and others who assert Western-oriented philosophies and life choices.”

Bruce Einhorn

Einhorn and his team of law students and attorney-supervisors took on the case in March, and successfully approached the U.S. Board of Immigration Appeals with a request to allow their client to remain in the United States while the case is heard later this year.

The second case involves a Chinese national living in Los Angeles. The client was arrested and beaten in his home country for his religious practices. He fled to the United States out of fear for his life.

“He was being faced with having to choose between his religion and his safety, and that is not a viable choice in my opinion,” Einhorn said.

The third case involves and Iranian national born into a Muslim family. The client converted to Christianity after he fled to the United States.

“He found and embraced Protestant Christianity here in the United States where he sought asylum with the assistance of our clinic students,” Einhorn said. “He argued in his court case that under current Iranian law he would be subject to arrest, physical mistreatment, and even death at the hands of the Iranian regime for his so-called crime of apostasy—the voluntary conversion from Islam to another faith. He courageously stood his ground in Immigration Court in Los Angeles, and was granted asylum by the Immigration Judge without government appeal.”

Einhorn attributes the successes celebrated by the clinic to the students and attorney-supervisors, who work tirelessly each week to collaborate on each case and attend hearings. He says the dedication of each individual working on the case stems from a deep desire to promote the rule of law.

“We are in the business of saving lives,” he said. “Many times I have listened to the heart-tugging claims of clinic liens and the sympathy and hard work accorded them by our clinic students and thought to myself, “There but for the grace of God could our roles be reversed—that for accident of birth, we of the clinic could be the asylum seekers fleeing countries that do not tolerate our Judeo-Christian faith traditions, and the clients could be our advocates, born into this wonderful, democratic land. The students and I are very cognizant of the divine blessing we possess of being native-born or naturalized American citizens. It is our proud mission to try to extend that blessing of liberty to our persecuted clients.”

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news shorts

Los Angeles City Hall East Named for the Honorable

James Hahn

The Los Angeles City Council approved a motion to rename City Hall East for the Honorable James Hahn (’72, JD ’75). The unanimous vote, which took place in February, has since been followed by privately driven fundraising efforts to pay for the renaming.

A Summer Abroad As the summer sessions came to an end, four Pepperdine Law students shared their experiences as young legal scholars living and studying in a foreign country.

Hahn is the only individual to have held the roles of mayor, city attorney, and city controller for the City of Los Angeles. He stepped down as mayor after one term in 2005, and is currently serving as a superior court judge.

Hahn’s sister Janice Hahn (’77) who is a former Los Angeles city council member and current United States Congressperson, was among the first to sponsor the motion to rename City Hall East

Kristine Gamboa London: A third-year law student, Gamboa always wanted to experience firsthand the culture and history that surrounded some her favorite British authors. Her decision to apply to Pepperdine was, in part, due to the law school’s London Program. One of the highlights of the experience? Having the opportunity to see barristers advocate in wigs.

Mia Getlin Tanzania: The second-year law student, who plans to pursue a career in estate planning, spent her summer volunteering at a school in Sakila, Tanzania, a village just outside of Arusha.

“I wanted to spend some time volunteering this summer,” she said. “I support several charities financially but, between my previous career and now law school, I haven’t been able to give as much of my time as I’d like.

My husband and I sponsor a child at the school in Sakila through their sponsorship program (sakilasponsorship.org), and volunteering with them was perfect because I got a great trip in, too.”

Lauren McAllister London: The decision to study abroad was quite simple for McAllister—she simply hadn’t had many opportunities to travel to a foreign country. That is, until she came to Pepperdine. The second-year law student said this of her experience:

James Hahn with his sister Janice after his mayoral victory in 2001.

“I think London is a fascinating place to study law because this is where American courts are rooted, but there are now so many differences between the countries. I love learning about how the different facets of the legal system works in London versus the United States.”

Both Hahn and his sister Janice received honorary doctorates from Pepperdine during the 2012 commencement ceremonies for the School of Public Policy.

“The Pepperdine University School of Law is so pleased that City Hall East in Los Angeles is being named for the Honorable James Hahn,” said School of Law dean Deanell Reece Tacha. “Judge Hahn models the ideals of the Pepperdine School of Law. As a dedicated public servant, he brings to the bench an extraordinary intellect, a strong commitment to equal justice under the law, and a focused understanding of the impact of the law upon the people and institutions of the community. He carries forward the Pepperdine Law legacy of these important values. We are honored by this recognition of one of our alumni.”

Kelsey O’Leary London: The second-year law student believes that exposure to different cultures and jumping out of her comfort zone are two keys to personal and professional growth.

“Every country has a different set of laws,” she said. “What is so interesting about this is that culture and values can be so strongly intertwined with the law a country develops. Professionally, study abroad exposes me to the reality of the global business world, as many companies and law firms are now operating on a global level. The opportunity to work within this global network during my 1L summer was the reason I chose London for my study abroad experience.

The Summer London Program provides students the chance to work in England’s legal field. I was interested in obtaining a business-oriented legal clinical, so my experience working for Genworth Financial’s legal department was a perfect fit.”

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Their father, Kenneth Hahn (’42), was previously honored when the city renamed the Hall of Administration for the former member of the Los Angeles Board of Supervisors. The Kenneth Hahn Hall of Administration and the James K. Hahn City Hall East stand adjacent to one another, and will eventually be linked

by Civic Park, which is currently under construction.

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Striving for Excellence As Stephanie Bell joins the Straus Institute as assistant director and assistant professor of law, she is looking to inspire students and professionals alike to seek excellence in the field of mediation.

Stephanie Bell didn’t have her heart set on becoming a practicing attorney when she graduated from the University of Washington School of Law in the spring of 1996.

All the while she was strengthening her resume, gradually climbing up the ladder in the field. Her experience led to adjunct teaching positions with the Seattle University School of Law, and with the University of Washington’s graduate program in public administration. She began spending her vacations teaching at Pepperdine’s Straus Institute.

“I wanted to become a mediator,” she said. “And maybe write legal fiction on the side.”

“I starting calling my adjunct work, ‘my teaching habit,’” she said. “I have a passion for it.”

The now 43-year-old traveled in India for three months while waiting for the results of the Bar before she returned to Seattle to begin a stint with the Federal Public Defender where she worked as a research attorney on death penalty appeals and tried misdemeanors on the military base.

This fall, Bell joins the Straus Institute on a full-time basis, serving as assistant director and assistant professor of law. The role was previously held by Jack McCrory, who began his tenure at Pepperdine in 2000 after retiring from the Vermont Law School. Though he is leaving the Straus Institute for a second retirement, McCrory will continue to serve as a member of the adjunct faculty.

“I always wanted to get into mediation,” Bell said. “The acceptance pool for the mediation clinic at the University of Washington was very small. I didn’t make the lottery. But I did get into the criminal clinic and just worked toward gaining as much outside experience in mediation as possible. I found training anywhere that I could.”

Bell is eager to pick up where McCrory left off.

That training led Bell to a position with the Dispute Resolution Center of King County where she managed a neighborhood and court mediation program. There she supervised mediators in eleven districts of the district court in the small claims mediation program.

“My goal is to give students hands on experience in mediation,” she said. “I want them to get a sense of what it really feels like to participate in closing a deal, and resolving the conflict. I want to pass on my passion for mediation and the face of rigorous professionalism to new lawyers in the classroom and clinic. Mediation is known as a retirement field. And while students won’t immediately mediate litigated cases, they can get experience in ADR, serve their communities, become better advocates, and find alternative legal careers in the field. I did.” She adds, “Mediation really is the greatest show on earth. I have the privilege of watching people in the moment of being their best selves—when they resolve their conflicts.”

Bell was then offered a position with the City of Seattle, designing and implementing an employment and labor-management mediation program for its workforce. From there, Bell took on a position as manager of the King County Alternative Dispute Resolution Program, again focusing on labor management, employment and public policy mediation. There, she sponsored a mediation practicum that trained attorneys, law students, and government employees in mediation.

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faculty essay

New Opportunities for First-Year Students

By Al Sturgeon (JD ’11), Assistant Dean for Student Life and Director of Academic Success The legendary Professor Kingsfield famously tells first-year law students in the movie The Paper Chase, “You come in here with a skull full of mush and you leave thinking like a lawyer.” The “skull full of mush” sentiment is a bit much— as was Professor Kingsfield in general—but the product he identified remains the oft-repeated goal of legal education.

Law students are to be taught to think like lawyers.

The ongoing debate, of course, involves how this goal is best accomplished. While the case method and Socratic teaching approach remains the staple of legal education, other teaching methods have been increasingly utilized in law schools across the nation to prepare students for successful careers in the legal profession. In particular, most law schools now provide a range of opportunities for students to learn the craft of lawyering through actual work in a legal setting, whether through clinical experiences, externships, or mentoring programs.

Although such opportunities have been offered at the Pepperdine University School of Law for many years, the entering Class of 2015 encounters a greater emphasis on PEPPERDINE LAW

such learning models through two new developments: significant changes to the first-year curriculum, and the introduction of a new alumni mentoring program. Both the curricular changes and the mentoring program have the same goal in mind: to provide greater opportunities for students to interact directly with practicing attorneys and actual clients and, through these opportunities, be even better prepared to enter the legal profession.

C h a n g e s t o t h e F i rs t Y e a r C u rr i c u l u m For years, Pepperdine’s first-year curriculum has included more units per subject than the average law school—5 to 6 units per course spread out over two semesters compared to 3 to 4 units per course in a single semester. In addition, Pepperdine’s list of upper-division required courses has been more numerous than the average law school—nine required courses, totaling approximately 25 credit hours.

As aspiring lawyers soon learn, there are arguments on both sides of this issue, but one downside of such a robust mandatory curriculum is that students have restricted opportunities to participate in timeintensive clinical courses and externships during their second and third years of law school.

With this in mind, the faculty voted this past spring to reduce the units per subject for most first-year courses while shifting three formerly upper-division courses into the first-year curriculum (specifically, both of the courses Constitutional Law and Legal Ethics). As a result, beginning with the Class of 2015, Pepperdine Law students will only have six upper-division required courses instead of nine. This will allow significantly 10

greater flexibility in scheduling and allow more students to engage in clinical courses and externships.

The Preceptor Program The other major change impacting this year’s entering class is the introduction of a new mentoring program called the Preceptor Program. When I met Dean Tacha in the summer of 2011, her first request for me was that I research the best law school mentoring programs in the country.

My search led to a robust leadership development program at the Elon University School of Law in North Carolina. The hallmark of Elon’s program is what they have termed the Preceptor Program. When I shared Elon’s program with Dean Tacha, it was evident that this was exactly the type of program she was hoping to see at Pepperdine.

The term “preceptor” is a new term to most law students, but it is very familiar to aspiring physicians. A preceptor is simply an expert that provides practical experiences to a student. Although preceptor is a prominent term in the world of medical education, the concept of learning through practical experiences provided by an expert is one that translates easily to the world of legal education. Pepperdine’s new Preceptor Program, following the example of Elon, connects two or three first-year law students with a law school alumnus who is practicing law as an attorney or a judge in the local area. The preceptors agree to serve in a mentoring capacity for the students throughout their first year of law school.

Pepperdine’s new program needed 75 local, practicing attorneys and judges to function, and the response from our alumni

While the case method and Socratic teaching approach remains the staple of legal education, other teaching methods have been increasingly utilized in law schools across the nation to prepare students for successful careers in the legal profession. ­—Al Sturgeon

was fantastic. Our list of preceptors was filled by early summer and included a wide range of participants, ranging from senior partners in large firms to junior associates in the profession for only a year or two. While Dean Tacha implemented the program to provide first-year students the opportunity to witness law in action and connect doctrine to practice, it seems that the program will prove beneficial to the preceptors as well. In addition to an increased connection to the law school, the preceptors should receive personal satisfaction in realizing that they are truly helping shape the future of the legal profession.

The preceptors are asked to meet with their mentees three times each semester.

Although the meetings may take different

forms for different situations, the program proposes three different ideas for the interactions: (i) take the students to work to witness the preceptor in action; (ii) attend a class with the students and follow up with a discussion of how law school classes translate into the real world of law; and (iii) meet with the students in a social environment for coffee or lunch. The hope is that such meetings will serve as a springboard for discussions that produce valuable learning experiences that would not have occurred in a traditional classroom.

Where We Stand It is obviously too soon to gauge the impact these major changes will have on the future lawyers that comprise the Class of 11

2015. However, it is encouraging to hear both recent graduates and older alumni express how much they would have appreciated the opportunities these changes provide.

Many have expressed a desire to have been more involved in hands-on experiences such as clinics and externships, and they similarly state that they would have loved a program such as the Preceptor Program. It is most encouraging to hear these practicing attorneys explain why they would have appreciated these opportunities. They argue that actual experiences in the legal world not only provide valuable lessons in that timeless pursuit of learning how to think like a lawyer, but also in learning how to be one in practice.  LAW.PEPPERDINE.EDU

Carrying

a Torch

for All Things

by Colleen Graffy (’79)*

W

hat do you think of when you think “Olympics?” For most

of us, the Olympic Games conjure up images of athletes, gold medals, and the five interlocking rings symbolizing the games. But for 21 students from Pepperdine and five other law schools, the Olympic Games were revealed through the eyes of legal and media professionals and experts from both the U.K. London Organizing Committee for the Olympic Games (LOCOG) and members of the U.S. Olympic Committee (USOC).

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The two-week intensive program, inspired by the excitement surrounding the 2012 Olympic Games, was held July 2 to July 14 at Pepperdine’s London campus and included a focus on international sports law dispute resolution and management, in addition to the Olympic Games. Heading up the 2-unit course was Pepperdine law professor Maureen Weston who teaches Sports Law and has authored one of the leading sports law textbooks. “We wanted students who are passionate about sports and passionate about the law to realize all of the legal issues surrounding sports and the Olympics that are out there waiting for them to master,” said Weston.

Co-teaching the course was Jeff Benz, a former championship figure skater, who previously served as general counsel for the U.S. Olympic Committee (USOC) and is an arbitrator for the Court of Arbitration for Sport (CAS). “We tried to combine theory with practice as much as possible,” 12

said Benz. “One assignment the students enjoyed was getting photos as they were out and about in London of potential ‘ambush marketing’ that could be infringing the trademark Olympic rings symbol so that we could discuss it later in class in light of the requirements of U.S. and U.K. law.”

One of the many experts to meet with the students was U.K. and international sports legal superstar Michael Beloff, QC, a barrister specializing in sports law. Beloff described some of the headline-leading cases he had been involved in as either an advocate or arbitrator regarding doping and selection issues. At the U.K. Antidoping Agency, students learned firsthand how athletes find themselves facing disqualification as a result of cheating or inadvertent doping. Such is the importance of arbitration in sports that a virtual “SWAT team” of CAS arbitrators are actually on site during the Olympics to immediately rule on any such disqualification issues so that

We wanted students who are passionate about sports and passionate about the law to realize all of the legal issues surrounding sports and the Olympics that are out there waiting for them to master. —Collen Graffy

the athletes are not denied being able to compete for the gold.

The Olympics are not the only time these sporting disputes take place, of course. Students heard from lawyers at Sport Resolutions, an independent, not-for-profit, dispute resolution service for sport in the United Kingdom, about the array of issues that need resolving—from famous professional athletes to small community sports organizations. The session ended with students taking part in their own mock arbitration on eligibility issues before a panel of seasoned arbitrators.

Carlton Sims, a lawyer in Montgomery, Alabama, took the course for credit toward his master’s degree in dispute resolution at the Straus Institute. The program was everything I had hoped for—academic content, career advice, site visits, and great people!” Amongst the site visits was a roundtable at the NBA (National Basketball London) in London to learn how the sport of basketball is spreading globally through the NBA’s efforts, and a session at the British Olympic Association where Olympic torches throughout the years, including one from Berlin in 1936, were on display.

Providing insight into the governance structure for U.S. intercollegiate sports

was NCAA Infractions Committee member Brian Halloran who engaged students in a discussion on the comparative systems for sport in the U.S. and Europe.

A visit to the nongovernmental organization, Human Rights Watch, demonstrated that basic human rights issues touch the sports world as well.

Earlier this year, Human Rights Watch had called on the International Olympic Committee (IOC) to make ending discrimination against women in sports a condition for Saudi Arabia’s participation in the Olympics after their sports minister confirmed that the country would not support women in practicing sports. The 2012 Olympics is the first to have a female athlete from every nation—now including Saudi Arabia and other Arab nations.

Students were delighted to learn that the Saudi Arabian athlete making Olympic history is Pepperdine student Sarah Attar.

For many students the highlight was hearing from the legal team at LOCOG, including the general counsel and three of her deputies on the spellbinding journey from idea to proposal to winning the bid and finally, to the drama involved in actually putting on the London 2012 Olympics. Equally thrilling was having the USOC ombudsman John Ruger, USOC associate general counsel Gary Johansen, 13

and USOC chief of security Larry Buendorf (who disarmed Squeaky Fromme back in the day as a Secret Service agent protecting President Ford), all share their insights as they prepared U.S. athletes for the opening of the London games.

No trip to London would be complete without taking in some of the sights and sounds. Students experienced a wide array of culture including a tour of Parliament and legal London after an overview session on the British legal and political system; a very English garden party and lunch at Middle Temple—one of the four Inns of Court; theatre including, of course, Chariots of Fire; an exhibition at the National Gallery in honor of the Queen’s Jubilee; and a trip to Stratford to see the Olympic Park from the new Westfield Mall viewing area. Ashley White, a JD student at Charlotte School of Law, summed it up, “It was a real adventure to have such a firsthand encounter with the sports world in Britain and gain insights into international sport issues. But equally rewarding for me was visiting London and experiencing the city for the first time. It was awesome!”  *Associate Professor Colleen Graffy is the academic director of the London Program and director of global programs for the School of Law. LAW.PEPPERDINE.EDU

faculty essay

The Law School Crisis

By Paul L. Caron, D & L Straus Distinguished Visiting Professor of Law Barbara Boxer) have called for investigations into law school practices. I have covered the four fronts in the perfect storm facing law schools from my perch on TaxProf Blog (taxprof.typepad.com).

American legal education is in the midst of an existential crisis.

National media have extensively reported on the plight of law schools and law students, as have legal blogs. New academic press books and law review articles have detailed the problems and proposed solutions. Several U.S. senators (including California senator PEPPERDINE LAW

First, the number of law schools and law students have increased dramatically.

From 2000 to 2012, the ABA approved 18 new law schools bringing the current total to 202—the ABA approved eight law schools in each of the prior two decades. From 2000 to 2012, the number of JDs awarded increased 18 percent (38,000 to 45,000)— JDs awarded were under 30,000 in 1976; 20,000 in 1972; and 10,000 in 1964.

Second, law school tuition has skyrocketed. Tuition has grown 3.5 percent annually at private law schools and 6.5 percent at public law schools over the past 20 years. In 2011-2012, tuition averaged $50,000 at the Top 14 law schools (as ranked by U.S. News & World Report), $40,000 at private law schools, and $32,000 (nonresident)/$21,000 (resident) at public law schools. Tuition at many law schools has quadrupled over the past 40 years, and doubled over the past 20 years (in inflation-adjusted dollars).

Third, law student indebtedness has increased dramatically. About 90 percent of law students take out loans to attend law school, and the average student debt is over $100,000—a total of $4.5 billion from 45,000 law school graduates. (These figures do not include undergraduate debt, which averages over $25,000; aggregate student loan debt now exceeds $1 trillion.)

Law school loans carry high interest rates 14

(6.8 percent and 7.9 percent) and are not dischargeable in bankruptcy.

Fourth, those 45,000 graduates are entering a constricting legal job market.

The Bureau of Labor Statistics projects 20,000 new jobs for lawyers each year over the next decade. This is not just the result of the deep 2007-2008 recession; it continues a three-decade decline in the share of the American economy devoted to legal services—from 2.01 percent in 1978 to 1.37 percent in 2009 (a 32 percent decline).

For the Class of 2011, only 55 percent landed full-time, long-term, legal jobs (8 percent with law firms of greater than 250 attorneys).

At Pepperdine’s April 2012 symposium “The Lawyer of the Future,” Bill Henderson of Indiana University presented data showing a structural shift in the legal profession from law firms (with higher salaries) to alternative legal service providers (with lower salaries). He argued that the new normal for law graduates increasingly will be positions in outsourcing firms and legal technology providers (such as e-discovery firms and Legal Zoom), or as document reviewers and contract attorneys.

There are simply not enough legal jobs available to graduating law students, and many of the legal jobs that are available do not pay enough to meet the debt service on student loans. So what can be done?

Several years ago, I cowrote an article on applying the principles from Michael Lewis’s book Moneyball to legal education titled “What Law Schools Can Learn from Billy Beane and the Oakland Athletics” (Texas Law Review, 2004). The article asked what Billy Beane would do as the dean of a law school to capitalize on the inefficiencies in legal education.

40000

150000

source: National Law Journal (June 15, 2012)

35000

120000

30000 25000

90000

20000

60000

15000 10000

30000

5000

0

0 Average Law School Tuition  Public School (resident)  Private School

Perhaps a better model for the crisis facing legal education today is Jimmy McMillan, who ran for New York governor in 2010 with the slogan: “The rent is 150000Law school tuition is too damn high.” simply too damn high. Administrators and faculty120000 need to ruthlessly examine law school budgets and cut areas that are not essential to the school’s mission.

Law school90000 is twice as expensive as it was 30 years ago (in inflation-adjusted dollars), yet60000 no one would argue that legal education is twice as good today.

Many law schools are shrinking the size of 30000 their entering classes in light of the declining job prospects for law graduates. But most of these schools 0are also raising tuition to make up for the lost revenue. Saddling even a smaller number of students with increased debt is not an acceptable solution.

More fundamental changes are needed to reduce tuition and student debt. One area of low-hanging fruit is the cost of course materials. Law students spend over $1,000 per year on their books—cumulatively, well over $100 million per year. The nonprofit Center for Computer Assisted Legal Instruction (CALI) offers free open-source

Average Law Student Indebtedness  Public School  Private School

e-books through its eLangdell program for use in law school classes. Students thus would save more than $3,000 over their law school careers if faculty would commit to writing and adopting open-source materials in their courses. (Disclosure: I am vice president of the CALI board of directors, for which I receive zero compensation.)

In his new book Failing Law Schools (University of Chicago Press), Brian Tamanaha of Washington University suggests that the ABA eliminate accreditation standards that force law schools into a one-size-fits-all model. Instead, he proposes that law schools be permitted to experiment with various cost-saving measures, such as two-year JDs, increased use of adjunct and non-research oriented faculty, and greatly streamlined libraries in light of the accessibility of online legal resources.

He also argues that Congress should end unlimited law student borrowing and tie the availability of loans to how each law school’s graduates fare in the job market (as has been done with for-profit colleges).

Our Moneyball article closed with these words:

Like Michael Lewis, we have told a story about a profession and people we love. We are proud of the work law schools and law professors do in teaching future lawyers and producing legal scholarship to the betterment of American law and society. As institutions and as individuals, we have nothing to fear from the accountability and transparency spotlight. Indeed, we do our best work in the light. We should welcome the opportunity to tell the world what we do and help them measure our performance as teachers and scholars. If we do not, the story will be told by others and it will no longer be our own.

Law schools need to take immediate action to confront today’s crisis. The current model—convincing 45,000 people each year to assume six-figure debt loads to chase 20,000 legal jobs (most of which do not pay enough to service the debt)— is simply unsustainable. Market and political forces are gathering steam. Law schools that embrace change will emerge stronger from the current storm. 

Postscript: Those wishing to follow Prof. Caron’s coverage of the law school crisis can subscribe to his blog posts via Twitter (@SoCalTaxProf) or RSS feed (feeds.feedburner.com/typepad/OYMG), or via his e-mail distribution list (contact paul.caron@pepperdine.edu). If you would like to read more on the topics covered in this article, see the list of articles collected at taxprof.typepad.com/taxprof_blog/2012/07/a-law-school-crisis-reader.html.

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Recognizing the

“Rabble-Rouser for Peace” Going to South Africa to Bestow the Straus Institute’s Inaugural Peacemaker Award on Desmond Tutu

by Thomas J. Stipanowich William H. Webster Chair in Dispute Resolution, Professor of Law, and Academic Director, Straus Institute for Dispute Resolution

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In the world of South Africa, a world in which racial heritage and skin color determined as a matter of law where and with whom you could live, your education and job prospects, and who you could marry, an Anglican priest’s small, instinctive act of courtesy to his mother made a huge impression on young Desmond Tutu. Years later, as a leader among South African clergy, Tutu would provide the moral leadership to help bring about the end of apartheid, transform South African society, and start the process of reconciliation and healing.

Having been, as he says, “grabbed by the scruff of neck by God,” Tutu has worked tirelessly and passionately for peace, justice, understanding, and forgiveness among members of the human family.

This July Archbishop Emeritus Desmond M. Tutu became the first recipient of the Peacemaker Award from the Straus Institute for Dispute Resolution and the School of Law. I traveled to Cape Town, South Africa, with documentary filmmaker Karen Hayes

to present the award, which recognizes the archbishop’s “achievements as a peacemaker on a global scale and promoter of peace, human rights, and reconciliation, often at great risk and cost to himself and his family.” I also videotaped interviews with the archbishop and others who helped transform South Africa, promote peace and reconciliation, overcome the barriers that separate races and economic classes, and aid and empower the disadvantaged.

Desmond Tutu’s life is a testimony to the power of a commitment to strengthening the bonds that unite all of us as humans.

In addition to promoting the scriptural instruction to “love your neighbor as yourself” and Jesus’ admonition to love your enemies, he seeks to put into practice the African concept of the notion that “you can’t be human all by yourself.” Put another way, we are all connected, and what each of us does affects all of us.

those opposed to apartheid. A forceful and persuasive voice among the chaos, Tutu stood firmly for “nonracialism” and nonviolence. Especially after his appointment as episcopal archbishop of Cape Town, his was a tough balancing act.

Some wondered why a religious leader would become involved in politics and call for foreign disinvestment in South Africa, while others criticized him for his moderation when many were advocating anti-government sabotage and violence.

Time and again he put himself in harm’s way, on more than one occasion wading into a murderous mob to save the life of potential victims.

Upon Mandela’s release from prison in 1990, Archbishop Tutu immediately stepped back from the sphere of political leadership. Instead, he and other religious leaders played a crucial role as mediators among emerging political factions in an

Reverend Tutu returned to South Africa from ministry in England in 1975 as dean of St. Mary’s Cathedral, not long before violence exploded in Soweto. Nelson Mandela was in prison, the African National Congress was outlawed, and Tutu and other religious and community leaders stepped into the political leadership vacuum among

effort to avoid a bloodbath in the critical period of transition to elective democracy between 1990 and 1994. During my interview with Reverend Tutu, he emphasized the importance of continuous, dedicated communication with God through prayer in sustaining him during those difficult times—a practice he continues to this day.

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Desmond Tutu’s life is testimony to the power of a commitment to strengthening the bonds that unite all of us as humans.

—Tom Stipanowich

In 1995 Tutu was appointed by Mandela’s new Government of National Unity to chair the famous Truth and Reconciliation Commission, or TRC. In the words of Tutu, the TRC was established “to help South Africans come to terms with their extremely troubled past . . ., to investigate the violations that took place between 1960 and 1994, to provide support and reparations to victims and their families, and to compile a full and objective record of the effects of apartheid on South African society.”

Under Tutu’s leadership, the TRC sought to serve these goals by steering a course that was neither a Nuremberg-style proceeding to establish and punish criminal culpability, nor an exercise in “national amnesia.” He presided over many months of sessions punctuated by often horrific accounts of political bloodletting and, sometimes, expressions of forgiveness.

During our interview, he explained to me that although evil was much in evidence during those hearings, his paramount image of the TRC was of goodness—of the extraordinary ability of individuals to open their hearts to wrongdoers

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Believing that “there can be no future without forgiveness,” Reverend Tutu has in recent years made efforts to promote broadbased reconciliation in places like Rwanda and the Solomon Islands. He is prominent among “The Elders,” a group of world leaders that has sought to address some of the globe’s most intractable disputes.

During our time in South Africa, I also had the opportunity to put Archbishop Tutu’s contributions in perspective through a series of taped interviews and conversations with other individuals. In company Eddie Daniels with Eddie Daniels, who spent 15 years at Robben Island prison in Cape Town harbor with Nelson Mandela, I visited that cell block. Daniels offered an extensive, disturbing personal view

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of life under apartheid. He also spoke of the extraordinary impact of Nelson Mandela who, like Archbishop Tutu, exerted critical moral leadership that helped avert civil war in South Africa. He also showed to me the character of one who, having suffered numerous and sustained wrongs, is no longer a victim, having unburdened his heart of hate and the desire for vengeance.

My interview with John Allen, the author of Rabble-Rouser for Peace, richly revealed all of the reasons why Archbishop Tutu was the ideal choice for our first Peacemaker Award. As a young newspaper reporter covering the struggle over apartheid, Allen was especially impressed with Reverend Tutu’s ability to reach across the political divide. When Tutu became archbishop in 1986, Allen became his press secretary, and experienced firsthand Tutu’s courage, empathy, and sensitivity. Ten years later he moved with Tutu to the Truth and Reconciliation Commission, and observed the extraordinary force of Tutu’s leadership role on the workings of the TRC and its broader impact on South African society.

South Africa continues to struggle with serious problems—racial separation, grinding poverty, violence, and disease—some of which reflect the impact of apartheid. In this setting, Archbishop Tutu’s positive influence

is reflected not only in the Desmond and Leah Tutu Legacy Foundation, but also in organizations affiliated with Anglican Church like HOPE Africa. During my conversations with HOPE Africa CEO Delene Mark and her colleague Patrina Pakoe, I learned of the organization’s efforts to work collaboratively with other groups to empower individuals in disadvantaged communities to end the cycle of destitution by developing their own resources. Mark also detailed the work of another important program aimed at forgiveness, reconciliation, and helping victims of oppression, the Institute for the Healing of Memories, an organization founded by the Reverend Michael Lapsley.

Through the Reverend Mpho Tutu, I also became familiar with the international work of organizations such as the Tutu Foundation UK. As he reminded me during our interview, Archbishop Tutu continues in the firm belief

that human beings are fundamentally good, and that all of us have the capacity to do goodness. He observes that in an evershrinking world, “people of many cultures, races, religions, and ethnic backgrounds share neighborhood,” and that “each year we inch toward a more perfect way of living as a global community.” As explained in Made for Goodness, the book he coauthored with his daughter, the Reverend Mpho Tutu, “God has set in motion a centripetal process, a moving toward the center, toward unity, harmony, goodness, peace, and justice; a process that removes barriers.” Directly and indirectly, Desmond Tutu has set in motion or facilitated many efforts to overcome racial, cultural, and economic barriers and to promote nonviolence, justice, and harmony in the global community. 

Tom Stipanowich speaks with John Allen

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From left to right: Peter Depew, Bryan Pereboom, Jessie Johnston, Tracey Fouché,Tyler Fouché

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from Barbed Wire The story made the evening news that day. Eighteenyear-old Marvin Laguan had been shot more than six times while talking to his girlfriend in the 400 block of North Mar Vista Avenue in Pasadena, California. He died almost instantly.

Friends, some former gang members, gathered around a candlelit memorial for the next several days. Young men who would otherwise play the tough guy role embraced and sobbed over the site of Laguan’s murder.

About 42 miles away at the Pepperdine School of Law, then second-year law student Tracey Brown Fouché (JD ’12) heard the news. A somewhat unlikely friendship had blossomed between Fouché and Laguan after the two met when Fouché taught a Bible Study course at Camp David Gonzales in Calabasas. It was the youth correctional

facility Laguan once called home for a criminal sentence he received as a minor.

The news brought tears to Fouché’s eyes. Memories of her time with Laguan immediately rushed through her mind. First his reluctance to even attend Bible study in the first place. Then the walls he put up that made it hard to communicate with him.

Then the transformation Fouché witnessed over the course of several months—a transformation that allowed Laguan to open up and want to better his life.

When Laguan was released from Camp Gonzales in the spring of 2011, Fouché promised to keep in touch. She kept that promise, occasionally checking in and getting updates about how Laguan had moved away from the gang-infested neighborhood he was living in and found work with Homeboy Industries, a job training program in Los Angeles led by Father Greg Boyle. He seemed to be on the right track. Then came that day in Pasadena in August 2011. A life on the mend ended in an instant.

“Marvin’s story gives urgency to our message,” Fouché said of her work in teaching the Bible study course at Camp Gonzales.

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It Started with a Flyer Camp Gonzales and Camp Kilpatrick were never really on Fouché’s radar. But in the fall of 2010 she was approached by classmate Jessie Johnston (JD ’11) who read a flyer that was hanging in the atrium of the School of Law. That flyer had been posted by Peter Depew, now a third-year law student, who was searching for student volunteers at both locations.

A Bible study course, specifically at a juvenile detention facility, was an ironic choice for the then 30-year-old Depew. As a teenager growing up in Sylmar, California, Depew used to race his souped-up cars in front of the city’s Barry J. Nidorf Juvenile Facility, one of the largest of its kind in the United States.

“When you’re young, sometimes that kind of recklessness—taking chances—is tempting,” Depew said.

The reality of it was that some of the faces in Nidorf were familiar to Depew— friends and acquaintances he knew from his childhood.

“I had one friend in jail, one with warrants, and one dead,” he said.

But Depew’s life had turned out differently. His parents made the conscious

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decision to send him to Los Angeles Baptist High School to keep him away from the gangs at his district’s public school. After graduating, he immediately enrolled in courses at California State University Northridge, completed his bachelor’s degree, then joined the U.S. Army in 2002 where he served as a field artillery officer. He spent four years serving stateside and in Korea before he was honorably discharged as a lieutenant. His experiences in the military gave Depew a chance to reflect on his youth and how he felt when he returned home to find that some of his friends’ lives were still shadowed by crime.

He returned to CSU Northridge to begin working toward his master’s degree, and eventually started his own business working with antique arcade games. It was during that time he got the idea of reaching out to some of the youth at Nidorf— youth that reminded him of his high school friends. He approached administrators at the facility about starting a Bible study program. The proposal was accepted, and Depew began teaching one evening a week.

“I am by no means a saint,” he said. “But I thought if these kids could lean on the word of the Almighty, maybe they’d have a chance at changing the way they lived their lives.”

One Scripture at a Time When he decided to attend law school at Pepperdine, it was no longer feasible to drive to Nidorf every week, so Depew came up with the idea of bringing the program to juvenile facilities within range of the Malibu campus.

With the support of School of Law deans and faculty, Depew hung the flyer in the atrium and made an announcement at a meeting of the Christian Legal Society, hoping for at least a few bites. Almost instantly he heard from Bryan Pereboom (JD ’12) and Johnston. Fouché

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and her husband Tyler soon followed. They had received permission to teach at both Camp Gonzales and Camp Kilpatrick. Every Thursday night at 6 p.m., they’d travel to the camps, Bibles in hand.

It didn’t take long for other law students to join. The class was optional for the young men detained in the facilities. They had one hour a night of “free time” when they also had the option to simply watch television.

Some weeks only about five of the youth would show up. Other weeks the room would be filled. Interacting with the law students seemed to offer a look into the world outside of the barbed wire fences of the camps—a world that was better than what they left behind.

The immediate challenges became evident on the first day of class. Many of the youth had never seen a Bible, much less read any of its content. Those that could read were often at least six years behind the ideal reading level. But the group of law students saw the challenges as proof of the importance of their role as teachers. The well-being of each youth they served quickly became part of their professional missions.

“I worked for the Los Angeles County Public Defender as a law clerk during law school, specifically in the Inglewood Juvenile Division, with many of my clients being the same young men in my Bible study,” Johnston said. “There, I developed a heart for all of my juvenile clients and wanted to help them succeed in staying out of trouble. I also identify with the young men because I had a tough time in my family situation when I was a teenager, and I feel a desire to help them work through some of the same issues I faced.”

“I am more convinced than ever that God was not kidding when he told us to

personally and relationally invest in the lives of people who can’t pay us back,” Pereboom said. “It’s awesome to see God show up in that context.”

Even as recent alumni of the School of Law, Pereboom, Fouché, and Johnston continue to offer their teachings to the youth at each facility, showing up every Thursday night to teach the word of God, one scripture at a time. Depew, who began his third year of law school this fall, intends to continue the program after he graduates. His goal is to bring in new law students to join in the effort, and eventually expand to other area facilities.

Though there is the daunting possibility that some of the young men might either return to the facility or become victims of gang violence, the rewards of getting know teens like Marvin seem to make it all worthwhile.

“Marvin was one of the brightest lights I’ve ever met,” Johnston said.

“And when I found out he died, I was standing in a group of about 20 young men at the camp. I started sobbing as one young man came up to tell me that it would all be okay and not to worry about his safety as he was to be released that week. I looked in his eyes and told him that, considering the circumstances, he could not promise that it would. I still do not have that assurance, but I now consider that young man my own son. I stay in touch with him, pray for him, and hope to continue my mentorship for the rest of our lives. I know my prayers of protection over him have power.”

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“ Interacting with the law students seemed to offer a look into the world outside of the barbed wire fences of the camps---a world that was better than what they left behind.”

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In case you didn’t know, I rented an SUV to drive during our time in Uganda rather than hire a driver, which is what most families do, but where is the adventure in that? I have been driving for a solid two days and pretty much have it down. I have successfully driven us from our hotel to the orphanage and back every day without so much as one wrong turn.

To: Family and Friends From: Alan Brown Sent: May 24, 2012 Subject: Moses Update

Now to Moses. We got all dressed up in our court clothes and headed to the orphanage to get Moses and our caseworker and head to court. The orphanage was a little crazy, and the white oxford and khakis were a little snug on Big Mo, but we finally got out the door. The traffic was nuts and fitting a Toyota Land Cruiser into a parking spot sized for a Mini was more than I could accomplish, so I finally just got out of the car, handed the keys to a parking lot attendant with a machine gun and prayed it was still there when I got back.

We went to see our lawyer, Isaac, and he tried to prepare us that the judge would grill us pretty hard. We then proceeded to the lobby of the courtroom to wait for the next two and a half hours to see the judge. Did I mention that Isaac told us as we were walking over that our judge had canceled all hearings until August, but that since we were already here his plan was to just wait outside his court and hope he would make time for us? So we waited. It was so long that Allison taught Moses how to count and was getting ready to start in on teaching him to speak Spanish. But we finally got in to see the judge at 4:15 p.m.

Moses Brown enjoys his first swim with his father, Alan Brown. The two-year-old, who is pictured throughout the story with his parents and siblings, was adopted by the Brown family in May.

Imagine central casting coming up with a wise, old, gray-haired Ugandan judge looking over the glasses on the end of his nose, and that was our judge. His courtroom was really just a couple of desks pushed together and some chairs up against the wall. No air conditioning in our third-floor room so the windows were pushed open, such that many times the proceedings were interrupted by car alarms, shouting workers and sirens. He read all of our paperwork and then abruptly said, nice job, but it is too perfect, so we will have to examine the witnesses to make sure they are telling the truth. Cue the ominous music.

He started with a brutal cross-examination of the sweet lady that found Moses on the sidewalk outside her home back in July 2011. It was a little tough to follow because he asked questions in English and a court reporter then translated for her in Lugandan. Holly kept giving me very worried looks as the interrogation went on. The judge was implying that she was a part of some vast baby-stealing conspiracy that involved a handler, numerous police officials, the local city councilman, our orphanage, our adoption agency in Waco, and ultimately the entire Brown family. Fortunately for us, she held up under the pressure despite being on the stand for a solid hour. Next came our caseworker, Jerrod, who was subjected to a similar line of questioning. He was a little nervous but pulled through as well.

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And then came Holly. To say she was amazing would not do it justice. She beautifully told how our family decided to adopt, that we had a wonderful home with much love to give, and that Moses was the child we had prayed for. The judge was not easily convinced. He asked her why in the world she would want to start this process all over again after having survived caring for twins. Then he got really tough and asked her what she knew about the Ugandan culture, and specifically, what significant celebration was being held today in Kampala. Holly looked a little stumped, but if a thought bubble could have appeared above her head it would have read “the Miss Uganda Beauty Pageant?” Good thing she didn’t respond because that celebration isn’t until next week.

However we found out later not even our attorney knew what the judge was talking about. Today was apparently the 46th anniversary of one of the 37 different revolutions that have taken place in the history of Uganda. The judge apparently underestimated his mark, because his next question and Holly’s response brought down the house. He asked this loving mother to be if she had come to Uganda for a nice trip and

decided that Moses would be a nice little souvenir. With tears streaming down her face she looked lovingly across the room to Moses and said, “That little boy is NOT a souvenir!” And with that, the judge was speechless. Not another question. He didn’t even call me to the stand. He said “Enjoy the next week in Uganda and I will issue my ruling next Thursday. You are a beautiful family, go enjoy your new son.”

We walked out of the court and our caseworker said we can go to the orphanage in the morning and take Moses with us for good. The lawyer said everything else is a formality. So we get Moses for good tomorrow. Thanks for all the prayers. We didn’t realize how much we would need them today. God is good.

Love, Alan, Holly, and kids (including Moses) see story  25

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“Together for Adoption” It was the summer of 2010 and the senior pastor at Mid-Cities Community Church in Midland, Texas, preached to his congregation, which included Alan Brown (JD ’95) and his family, about the orphan crisis both stateside and abroad.

For many years before that sermon, Alan’s son AJ Brown, 12-yearold twin to Abby Claire, had been asking for a baby brother on his Christmas list. Annie Brown, 15, had written a persuasive essay on why her family should adopt an international baby. Allison, the eldest Brown child, was behind the idea wholeheartedly. Within a few months Holly was signed up to attend the “Together for Adoption” national conference in Austin, Texas, and though his family couldn’t wait to welcome a new member—whomever that was to be—Alan Brown wasn’t sold on the idea.

“The entire family was behind Holly,” said Alan, who is currently serving as general counsel and vice president of business development for FireWheel Energy LLC, in Midland. “Here we were in our 40s. I thought the time for this kind of thing had passed. But Holly and the kids really wanted this. I spent time praying. I realized my life was really good. I had been blessed. Now it was time to share that with someone else.”

Alan had some previous experience with adoption and with life in third world countries. His youngest sister was adopted at birth, and he spent some time living in Brazil where his parents served as missionaries.

“I was raised on the idea of serving internationally,” Alan said. “Of going beyond our little corner of the world.”

Introducing Moses With her husband’s support, Holly got in contact with an adoption agency that directed the family to Loving Hearts Baby Home in Kampala. Less than a year later in August 2011, the Browns were number seven on an adoption list. In February they received a picture introducing Moses, a two-year-old that had been abandoned in a hightraffic area in front of someone’s home. A woman living in the home found him and reported him to a nearby councilman (equivalent to a policeman), who named the orphaned child. He was just 18-months-old at the time.

“This was our son,” Alan thought when he saw Moses’ picture. “This is really him.”

In addition to the photo, the family received medical records indicating Moses’ perfect health. Brown got in contact with family friends serving as missionaries in Uganda to help prepare for his own visit to the country to meet his new son. And through a chance meeting involving his father Dale, a member of Pepperdine Law’s Board of Regents, and his mother Rita, Alan learned of fellow Abilene Christian University and School of Law classmate, now professor, PEPPERDINE LAW

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than 75 people wearing t-shirts bearing the words “We Love Big Mo” greeted Holly and Moses at the airport. Four months after his picture was sent to the Brown family, Moses was finally home.

“We aren’t naïve that there will be challenges,” Alan said. “Even a natural birth at this stage of life would cause attention. And of course we aware that he is a black Ugandan boy and we are white Americans. There may be issues on the outside.

Social issues. But we are so confident that we are doing what we are meant to do. Someone made the comment, ‘What an admirable thing you are doing.’ I don’t see it that way. I just see it as what God has called us to do.”

That calling, in part, led to the topic of the upcoming 2013 Nootbaar Conference at the Pepperdine School of Law. With a focus on inter-country adoptions, orphan rescue, and child trafficking, the conference, slated for early next year, will tackle the legal framework surrounding international adoptions.

“The story of Moses and the Browns is the bright side of intercountry adoption. But there is also a dark side. ” said Robert Cochran, director of The Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics and Louis D. Brandeis Professor of Law. “Inter-country adoption can generate human trafficking, babystealing, and fraud. Next year’s Nootbaar conference will explore how the law helps to rescue endangered orphans, without exposing them to more danger.”

Jay Milbrandt, director of Pepperdine’s Global Justice Program, said that the Nootbaar Institute hopes to foster dialogue about the legal dynamics of international adoption to make the process smoother for families like the Browns.

“Inter-country adoption remains on the frontier of International law: complex and often chaotic,” he said. “The laws of both countries need to work in harmony for adoption to happen, which is no easy task.”

The Brown family agrees that the discussion is a necessary one.

“We saw firsthand that the system needs reform in order to effectively connect willing families with children in need,” Alan said.

“I am grateful there we have some of the best legal minds addressing this significant issues and are hopeful it can lead to true reforms.” 

“ Someone made the comment, ‘What an admirable thing you are doing.’ I don’t see it that way. I just see it as what God has called us to do.”

Jim Gash’s (JD ’93) temporary role as special advisor to the High Court of Uganda’s Criminal Division. Though the Gash and Brown families had kept in contact via e-mail, it had been more than 15 years since they last saw one another. When Gash’s wife, Joline (’92), heard the news, she notified Alan and Holly, informing them that she had already met Moses when she volunteered to assist with a medical screening at Loving Hearts Baby Home, where Moses was living. The insight Joline shared about how well Moses was doing was priceless.

On May 21, the Brown family boarded a plane bound for Kampala, Uganda. They traveled to Loving Hearts the next day to meet Moses in person for the first time.

“There were 26 children in the orphanage with Moses,” Alan said.

“Moses was among the oldest. That shows just how many infants are being left behind.”

The family immediately noticed Moses’ rambunctious spirit. In a note to family and friends, Rita Brown described Moses as “so full of personality that pictures don’t begin to capture it. He will mimic anything. You can make silly faces at him as long as you can stand it and he will mimic every one of them and laugh hysterically. He is curious and seems to love to learn.”

Moses spent the next three weeks with his new family. He went swimming for the first time and rode through the African flatlands on a safari. When the court hearings were through, Alan returned to Midland with Allison, Annie, AJ, and Abby Claire, to get their home ready for Moses’ arrival. One week later, on Father’s Day, more 27

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in of Business litigator Theona Zhordania (JD ’07, MBA ’07) brings her tenacious spirit to the courtroom.

By Gareen Darakjian

“I just wanted to be powerful!” remembers alumna Theona Zhordania, of her childhood dreams of becoming a successful businesswoman and attorney.

However, female leadership roles were few and far between in her native Republic of Georgia and the Soviet agenda did not exactly allow for a budding businesswoman’s passion for power to flourish. “I wanted to become a leader, but it’s very difficult for women to do so in Georgia, especially back then,” Zhordania laments.

“Back then” refers to the time between 1921 and 1991, when the country was annexed by the communist rule of the Russian Empire. Luckily for the daughter of

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two physicists, her mother the vice minister of education in Georgia, there wasn’t a lack of role models in her life. When the regime collapsed, Zhordania was 11 years old and, by the time she was 15, had set her sights on studying in the United States as an exchange student.

“There was not as much freedom and not as many opportunities in Georgia as there are in this country,” says Zhordania, who faced a language barrier and spent six months transitioning from speaking the English she was taught in her hometown school to the American vernacular. After a total of 10 months studying in both Chicago, Illinois, and Santa Monica, California, Zhordania went back to Georgia to graduate with plans to return to California for college.

“I think my parents were supportive of me coming out here for a year, but not really to move and stay here forever!” laughs the determined transplant. “Georgian families . . . they want you to be close to home.” Zhordania chose to study linguistics

I thought that I’d get my law degree and have that as a tool, but I really wanted to work at a corporation. I wanted to be a businesswoman.

first as a community college student at Santa Monica College, then as a transfer student at UCLA, where she graduated summa cum laude in 2003.

“I love languages and the major seemed like a very interesting subject for me. It’s all rule-based, so you learn certain principles and then analyze how languages are structured as opposed to just memorizing.” When she was offered a scholarship to continue her studies in UCLA’s linguistics PhD program, Zhordania declined, knowing “I always wanted to go to law school.”

Zhordania followed through on this desire by applying to Pepperdine’s JD/MBA program.

“I thought that I’d get my law degree and have that as a tool, but I really wanted to work at a corporation. I wanted to be a businesswoman.”

While fond of business aspect of the program, she found her legal studies to be a more personally satisfying endeavor. She credits her MBA curriculum with helping her gain skills in collaboration and consensusbuilding and the law school for stimulating

her individualistic work ethic. “You learn a lot about businesses, finance, accounting, and marketing in the program. As an attorney, in order to have your own clients, an MBA is definitely useful.” It was the pairing of the two that was ideal for Zhordania, who discovered a thirst for the more specialized career path of corporate law.

She immersed herself in the opportunities unique to the program, such as mock trial, “the best experience I had in law school.”

After giving a successful opening statement in her first year on the stand, professor Robert Cochran urged her to pursue litigation, insisting that she was meant for the courtroom.

“It was so much fun competing,” explains Zhordania. “That’s what I love about practicing law: it’s so much fun being in a courtroom!”

The fervor with which she captivated the mock trial arena carried through to her professional life post-graduation, where she soon found herself thriving in the legal world.

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“I love arguing, I love trials, and I love depositions,” she admits. “But most of all, I love being in court—I enjoy responding to other side’s arguments and coming up with creative ideas.”

Zhordania was recently selected by the Los Angeles Daily Journal and the San Francisco Daily Journal as one of California’s “Top Five Associates to Watch in 2012.” In April, she was also named among the “50 Fast Track Lawyers” by The Recorder.

Today, Zhordania practices at Mckenna Long & Aldridge (which merged with Luce Forward in March 2012), a Washington, D.C.-based firm positioned at the intersection of law, business, and government where the business litigator continues to hone her passion for the law.

“Don’t go to law school unless you really want to practice and know that you would love practicing law,” she advises to aspiring attorneys. “I think it’s a challenging career, but if you really love what you do, it’s a guarantee for [personal] success.” 

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faculty essay

Review: Louis D. Brandeis’s MIT Lectures on Law (Carolina Academic Press, 2012) Edited by Robert F. Cochran, Jr.

In the early 1890s, Louis Brandeis was a successful young lawyer earning over $1 million a year in today’s dollars.

He had graduated from Harvard Law School with the highest grades ever achieved and had published the Harvard Law Review “Privacy” article that was to become one of the most influential articles ever. He also taught a course on law at MIT. Several years later, he said, “Those talks at Tech marked an epoch in my own career.”3

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The lectures covered legal history, legal philosophy, civil procedure, evidence, and criminal law. In his introduction to the course, Brandeis stated that MIT required students to take the course both because business law is “an essential part of a liberal education” and because “such knowledge is of great practical value to men engaged in active life.”

A Con s e r v a t i v e B r a n d e i s ?

In general, during his life Brandeis was more activist than theorist. As an attorney, he moved from cause to cause. With a few exceptions, his articles, speeches, and opinions focused on the particular legal issue at hand. During his Supreme Court career, Brandeis was generally silent about his underlying judicial philosophy. But in the MIT lectures, Brandeis presents a substantial discussion of the nature of law.

In contrast to John Austin’s notion that law is merely “a command emanating from a superior authority to an inferior, and enforced by a sanction,”4 Brandeis argued that “the great bulk of [law] consists not of commands, but of rules of human action, rules of justice sanctioned by authority.”5 Those rules, he argued, are more like the laws of physical science, political economy, ethics, and health than commands.

Brandeis argued that “[judges] observe the transactions of men and arrange them in orders, families, genera, or species, according to their proper description, and the particular custom and feature which they exhibit.”6 For Brandeis, custom was the primary source of law, whether common law or legislation. One of the central purposes of legislation is to “give legal sanction to existing habits and customs.”7 Anticipating many in the law and economics

movement, he stated that “very many of the rules of law are coincident with laws of political economy.”8 Though Brandeis took a laissez-faire approach to economics at the time of the MIT lectures, a recognition of the economic impact of laws led Brandeis in future years to support a variety of legal and political positions, some progressive, some conservative.

In the MIT lectures, Brandeis often identified “justice[,] morality and public convenience” as the basis of the common law, “a product of the sense of natural justice, experience, and cultivated reason.”9 In developing the common law, judges “reasoned from their ideas of justice, from their ideas of morality and of convenience.”10 Brandeis noted that common law courts overruled precedents that were unjust; and that equity trumped law when law failed to do justice. Brandeis’s emphasis on morality in law aligns him with natural law theory and against positivism.

Judges find the law, rather than make it.

Court opinions are not the law; in them, “lawyers and the judges find the evidence of what the law is.”11 Throughout his life, Brandeis continued to look to moral values as a foundation of law. Though the notion of a higher law can be used to merely uphold the status quo, in Brandeis’s hands it was a powerful tool for reform. He was the prophet, standing in judgment of existing law. His advocacy, driven by facts and shaped by his creativity, remained rooted in a conservative notion of moral law.

By one possible view, the MIT lectures present the conservative Brandeis who preceded the progressive Brandeis. And, of course, Brandeis became a progressive in many respects—Brandeis fought trusts and big business, advocated strong protections for criminal defendants, 31

Brandeis on The Nanny State:

“If the cigarettes can be suppressed [by legislation], because some boys and men smoke too many, why not tobacco in all its forms, or mince pies? Why not bicycling or, notably, football. 1

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faculty essay

Brandeis on Law and Public Morality:

“[A] law has no vital force [if] public opinion will not enforce it, and in a free country no officials, however vigilant and faithful, can enforce a law which has not public support...”2

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speech, and privacy. The fight by business conservatives against Brandeis’s Supreme Court nomination sealed this reputation as a progressive. But the truth is more complex. Brandeis was involved in several progressive causes before and during the MIT lectures. Brandeis’s conservatism was not merely a longing that things remain the same or that we return to some golden age.

Brandeis later said, “[t]rue conservatism involves progress, and . . . unless our financial leaders are capable of progress, the institutions which they are trying to conserve will lose their foundation.”12

T h e Co m m on L a w a n d L e g i s l a t i on One surprising aspect of the MIT lectures—given Brandeis’ statement to The Independent—is that there is little evidence in them of the social activist lawyer that was to come. To progressive readers, the lectures are disappointingly conservative.

What then are we to make of this “epoch” in Brandeis’ career? Evidence suggests that his conversion concerned the roles of the common law and legislation. Brandeis originally intended the lectures to be “a routine defense of the adequacy of the common law to deal with industrial and commercial problems.”13 It is likely that the original plan was that the lectures would express a confidence in the common law that was similar to that expressed in his “Privacy” article: “Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society.”14

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In his MIT lectures, however, Brandeis was much more critical of the common law.

He stated that “[t]he deference to custom and to precedent from which the law sprang, induced the court at times to deny relief in new cases, because there was no precedent for it, although the dictates of justice and morality demanded that relief in some form should be granted.”15 He also identified various means for correcting the common law, including legislation, equity, and referenda. The clearest example within the MIT notes of the impact of Brandeis’ pro-legislation conversion on a specific issue is his shift on the question of the constitutionality of legislation. In an early lecture Brandeis praised courts for finding social legislation to be unconstitutional, but in a later lecture he argued that, “Within the sphere assigned by the Constitution, the power of Congress and the power of the Legislature of each state is absolute.

Whatever law it enacts, however unwise, however unjust, however unreasonable . . . is valid and binding.”16 As a public interest lawyer and a Supreme Court justice, Brandeis was to become one of the foremost defenders of the constitutionality of legislation in the 20th century. Brandeis’ Supreme Court opinions presented detailed justifications for much of the legislation that was before the Court. He argued that “the legislature being familiar with local conditions, is primarily the judge of the necessity of such enactments”17 and that judges should exercise restraint in the face of legislation with which they might disagree. 

Professor Cochran is the director of the Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics and Louis D. Brandeis Professor of Law.

1

L ouis D. Brandeis’s MIT Lectures on Law (1892-1894) 106 (Robert F. Cochran, Jr. ed., 2012) [hereinafter Brandeis, MIT Lectures].

2

Id. at 160.

3

L ivy S. Richard, Up From Aristocracy, The Independent, Jul. 27, 1914, at 130 (quoting Brandeis).

4

J ohn Austin, The Province of Jurisprudence Determined 18 (London, John Murray ed., 1832).

5

Brandeis, MIT Lectures, supra note 1, at 125.

6

Id. at 136 (quoting James C. Carter, The Ideal and the Actual in the Law, 24 Am. L. Rev. 752, 765).

(2009); Cases and Materials on the Legal Profession, 2nd ed. (1996); The Counselor-

7

Id. at 157.

at-Law: A Collaborative Approach to Client Interviewing and Counseling, 2nd ed.

8

Id. at 126.

9

Brandeis, MIT Lectures, supra note 1, at 135.

He is the coauthor of Lawyers, Clients, and Moral Responsibility, 2nd ed. West

Matthew Bender (2006); Christian Perspectives on Legal Thought, Yale University Press (2001); Law and Community: The Case of Torts, Rowman and Littlefield (2003);

10

Id. at 132.

11

Id. at 137.

12

L ouis D. Brandeis to Henry Morgenthau, Sr. (Dec. 5, 1906) (quoted in Melvin I. Urofsky, Louis D. Brandeis: A Life 171 (2009)).

13

Alpheus Thomas Mason, Brandeis: A Free Man’s Life 87 (1946).

14

Samuel Warren & Louis Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890).

15

Brandeis, MIT Lectures, supra note 1, at 140.

and Faith and Law: How Religious Traditions from Calvinism to Islam View American Law, NYU Press (2008). Cochran founded Pepperdine’s Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics. He teaches Torts, Legal Ethics, Religion and Law, and Family Law.

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16

Id. at 143.

17

Coppage v. Kansas, 236 U.S. 1, 30 (1915).

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faculty activitites Robert Anderson IV Article L aw, Fact, and Discretion in the Federal Courts: An Empirical Study, 2012 Utah L. Rev. (forthcoming).

Babette E. L. Boliek

Selected Faculty Publications and Presentations for Fall 2012

Five Practical Steps to Ensure Your Students Listen: You Can Catch More Flies with Honey!, speaker, Western Regional LRW Conference in Eugene, Oregon (Aug. 2012).

Thinking Globally: Starting Out Right When Teaching American LRW to International Students, speaker (with Selina Farrell), Legal Writing Institute Conference, Palm Desert, California (May 31, 2012).

Article Agencies in Crises?: An Examination of State and Federal Agency Emergency Powers, Fordham L. Rev. (forthcoming).

Presentations Educating an Agency: The Story of the FCC, the DOJ, and the Courts, presenter, 2012 Annual Conference, Southeastern Association of Law Schools, Amelia Island, Florida (July 2012).

Religion and Competition Law, conversationalist, 10th Annual Conference, American Antitrust Institute, Washington D.C. (June 2012).

Legal Issues Stemming from the Impending Shortage of Wireless Spectrum, panelist, Public Utility Commissions Teleconference, American Bar Association (Apr. 2012).

Presentation, commenter, Seventh Annual International Contracts Conference, Thomas Jefferson School of Law, San Diego, California (Mar. 2012).

H. Mitchell Caldwell Article Timeless Advocacy Lessons from the Masters, Am. J. Trial Advoc. (forthcoming).

Other Activities

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Presentations Globalization, Jurisdiction, and Private International Law, speaker, Duke Law School (forthcoming Nov. 2012).

Transatlantic International Legal Theory, speaker, Lauterpacht Center, University of Cambridge, Cambridge, U.K. (Sept. 2012).

Transnational Litigation Discussion Group, convenor and moderator, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida (July 2012).

Herb E. Cihak Carol A. Chase

Article

Activities

T emptations of the Sirens: Ethical Issues in Libraries, 104 Law Libr. J., n. 4 (with Joan Howland) (forthcoming 2012).

Chase traveled to Uganda in June to work with Jim Gash and Jay Milbrandt to assist juveniles living in the country’s remand home outside of Masindi. With four law students, Chase interviewed eight of the inmates and a few witnesses in order to prepare “briefs” to be used by the court, prosecutor, and defense attorneys in an attempt to reach a disposition in each case.

Donald Earl Childress III

Presentations

Providing Feedback, Speaker (with Hilary Reed), One-Day Workshops, Legal Writing Institute, University of Arizona (forthcoming Dec. 7, 2012).

The Alien Tort Statute, Federalism, and the Next Wave of International Law Litigation, 100 Geo. L.J. (2012).

Caldwell continues to coach the highly successful Pepperdine trial teams.

Mireille O. Butler My Lawyers Can’t Write!

How to Set Up or Enhance a Writing Program for Summer and Junior Associates, speaker (with Selina Farrell), NALP Annual Education Conference, Tampa, Florida (forthcoming, Apr. 24, 2013).

Rethinking Legal Globalization: The Case of Transnational Personal Jurisdiction, 54 Wm. & Mary L. Rev. (forthcoming).

Book Chapters The Concept of Law in Transnational Dispute Resolution, in Legal Positivism in International Legal Theory (Mark E. Herlihy, ed., Cambridge University Press forthcoming).

Articles Forum Conveniens: The Search for a Convenient Forum in Transnational Tort Cases, 52 Va. J. Int’l l. (forthcoming).

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Presentation Mars, Venus, and a Universe of Other Planets – Personnel Management and Communication, panelist and roundtable discussion leader, a daylong workshop for new law library directors at the American Association of Law Libraries Annual Meeting in Boston (July 21, 2012).

Other Activity Cihak was a member of the ABA Accreditation Site Team that visited New York Law School March 5-7, 2012.

Robert F. Cochran, Jr. Book Louis D. Brandeis’s MIT Lectures on Business Law (Carolina Press 2012).

Article Which “Client-Centered Counselors”?

40 Hofstra L. Rev. 355 (2012).

Thinking Globally: Starting Out Right When Teaching American LRW to International Students, speaker (with Mireille Butler), Legal Writing Institute Conference, Palm Desert, California (May 31, 2012).

Christine C. Goodman Article

Book

Discrimination and Bias: Strategies for Preventing and Responding in the Intellectual Property Bar, 37 New Matter, n. 2 (with F. Jason Far-Hadian) (2012).

R estatement of Law (Third) International Commercial Arbitration (ALI forthcoming).

A Teacher who Looks Like Me, 27 J. C.R. & Econ. Dev. (with Sarah E. Redfield) (forthcoming 2012).

Jack J. Coe, Jr.

Presentations

Richard L. Cupp, Jr. Book Review Seeking Redemption for Torts Law: A Review of Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse by Timothy D. Lytton (Harvard University Press 2008), 27 J.L. & Religion 185 (2012) Presentations Regarding Legal Personhood, Are Chimpanzees (and Other Intelligent Animals) Children?, presenter, Symposium entitled An Uncomfortable Conversation: Human Use of Animals, Emory University School of Law, Atlanta, Georgia (Mar. 31, 2012).

Selina K. Farrell Presentations My Lawyers Can’t Write!

How to Set Up or Enhance a Writing Program for Summer and Junior Associates, presenter (with Mireille Butler), NALP Annual Education Conference, Tampa, Florida (forthcoming Apr. 24, 2013).

Snaking the Pipeline: Maximizing Value in Outreach Programs, speaker, presentation to the law firm of Simpson, Thacher & Barlett, LLP, Century City, California, with video-conferencing to their offices in New York City and Palo Alto, California (July 26, 2012). The talk was the first in their Perspectives Series Discussion on recent research on the use of character evidence in criminal trials in the U.S. and the U.K., featured speaker, Malibu Lions Club (Apr. 4, 2012).

Other Activities On September 28, 2012, Professor Goodman will begin her term as member-at-large on the board of directors of the Black Women Lawyers Association of Los Angeles.

On June 14, 2012, Professor Goodman was sworn in as an assistant vice president of the board of trustees of the Los Angeles County Bar Association.

Naomi Goodno Articles Global Criminal Prosecutions and the Foreign Commerce Clause: Should Criminal Laws Follow U.S. Citizens Overseas? (forthcoming 2012).

Inter-Country Adoptions Laws: The Hope of the Future or a Free-Ride for Child Traffickers? (forthcoming 2012).

Presentations Cyberharassment and Cyberbullying: Analyzing Current Developments, Recent Legislation, and Circuit Splits, moderator and organizer, panel for the Southeastern Association of Law Schools (Aug. 2012).

Kony 2012 and the U.S.A.’s Response to International War Crimes, moderator and organizer, panel, Pepperdine School of Law, Malibu, California (Apr. 2012).

The 2012 Nootbaar Institute Conference: Who should Influence Whom?, moderator, panel, Pepperdine School of Law, Malibu, California (February 2012).

Other Activities Goodno was recognized as a 2012 recipient of the Howard A. White Award for Teaching Excellence.

Michael A. Helfand Articles A Liberalism of Sincerity: Religion’s Role in the Public Square, 2 J.L. Religion & St. (forthcoming).

Litigating Religion, 92 B.u. L. Rev. (forthcoming 2013). Selected for presentation at the Stanford/Yale/Harvard Junior Faculty Forum.

The Persistence of Sovereignty and the Rise of the Legal Subject, in Legal Positivism in International Legal Theory: Hart’s Legacy, Mark Herlihy ed., Cambridge U. Press (forthcoming 2013).

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faculty activitites Purpose, Precedent, and Politics: Why AT&T Mobility Covers Less Than You Think, in Y.B. on Arb. & Mediation. (forthcoming).

The Next Footnote Four: Church Autonomy as Arbitration, speaker, Conference of the Institute for Law and Religion: Freedom of the Church in the Modern Era, University of San Diego School of Law (Oct. 12, 2012).

Church Autonomy and Religious Arbitration: Two Models of Legal Pluralism, speaker, 17th International Conference of the Jewish Law Association, Yale University (Aug. 1, 2012).

Litigating Religion, speaker, New Scholars Panel, Southeastern Association of Law Schools Annual Conference (July 30, 2012).

Other Activity

Book

Knaplund was featured on National Public Radio in May, discussing the Supreme Court decision in Astrue v. Capato.

Zoning and Planning Deskbook (2 vols., with Katherine Kmiec Turner) (West 2012).

Presentations Constitutionalizing Arbitration: Reimagining Church Autonomy, speaker, Quinnipiac-Yale Dispute Resolution Workshop, Yale Law School (forthcoming Nov. 12, 2012).

Douglas W. Kmiec

Article and Essays

Edward J. Larson

Engaging Human Nature in Support of Judicial Engagement, 19 Geo. Mason L. Rev. 973 (2012)

Books

Memorial Day Reflections on Freedom (essay), May 28, 2012.

Obama Cannot Be at War with Catholics If He Is at Peace with Religious Freedom (essay).

Presentation Presentation, speaker, the Catholic Studies Lecture, University of Illinois at Chicago (Mar. 14, 2012).

Creationism in the Classroom: Cases, Statutes, and Opinions (Thompson-West forthcoming).

Property: Cases and Materials (Wolter-Kluwer 3d ed. forthcoming).

Book Review The Deadlocked Election of 1800: Jefferson, Burr, and the Union in the Balance by James Roger Sharp, 42 Presidential Stud. Q. 425 (2012) Article Constitutionality of Lame Duck Lawmaking, Utah L. Rev. (forthcoming 2012).

Litigating Religion, speaker, Annual Law and Religion Roundtable, Harvard Law School (June 21, 2012).

Kristine S. Knaplund

Litigating Religion, speaker, Harvard/Yale/ Stanford Junior Faculty Forum, Harvard Law School (June 1, 2012).

C hildren of Assisted Reproduction, Mich. J.L. Ref. (2012)

Articles

Presentations Darwinism, Eugenics, and Religion, speaker, Faraday Institute Summer School, Cambridge University, England, (July 2012).

Reception of Darwinism, speaker, CIS, Queen’s College, Cambridge University, England, (July 2012).

Litigating Religion, speaker, Jewish Law Symposium, Center for Jewish Law and Judaic Studies, DePaul University College of Law (May 31, 2012).

Astrue v. Capato: The U.S. Supreme Court Decides Genetic Link Is Not Enough to Be a Parent, ABA Real Property Trust and Estate Law eReport (2012).

Taking Beth Din (Rabbinical Court) Judgments into Secular Court, speaker, Jewish Law Symposium, Center for Jewish Law and Judaic Studies, DePaul University College of Law (May 30, 2012).

Opinion Analysis: Genetic Link Not Enough for Social Security Survivors Benefits, SCOTUSblog (guest author), May 22, 2012.

Litigating Religion, speaker, Faculty Workshop, University of Mississippi School of Law (April 9, 2012).

Presentation, speaker, American College of Trust and Estate Counsel, Maui, Hawaii (forthcoming Mar. 2013).

Quest for Magnetic South Pole, speaker, Harris Lecture, California Institute of Technology, Pasadena, California, (May 2012).

Purpose, Precedent, and Politics: Why Concepcion Covers Less than You Think, speaker, 7th Annual International Contract Conference, Thomas Jefferson School of Law (Mar. 2, 2012).

Presentation, speaker, National Conference of Probate Judges, Napa, California (forthcoming Nov. 2012).

Race for the Pole, speaker, Center Club, Costa Mesa, California, (May 2012).

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Presentations

Presentation, speaker, Assisted Reproductive Technology Roundtable, University of Indiana Maurer School of Law (forthcoming Sep. 28, 2012).

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Redesigning Ourselves, speaker, University of Athens, Athens, Greece, (July 2012).

Anti-Evolution in the Courts, speaker, Edwards Symposium, Stanford Law School, (May 2012).

Scopes Trial, speaker, Templeton Science and Religion Lecture, Westminster Church, Pittsburgh, Pennsylvania, (May 2012).

Barry P. McDonald

Anthony Miller

Article

Book

egulating Student R Cyberspeech, UMKC L. Rev. (forthcoming).

Family Law: Cases, Materials, and Problems (with Peter Nash Swisher & Helene S. Shapo) (Lexis Nexis 3d ed. 2012).

Presentations

Judicial Ethics for Administrative Law Judges, speaker, Fall 2012 Annual Meeting, National Association of Hearing Officers, San Antonio, Texas (fall 2012).

Legal Ethics Issues for In-House Counsel, presenter, annual meeting, American Counsel for Life Insurers Legal and Regulatory Compliance, Las Vegas, Nevada (Jul. 18, 2012).

The First Amendment and Student Speech, speaker, conference, University of MissouriKansas City School of Law (forthcoming).

Derek T. Muller Article

Other Activities

Free Speech in the Internet Age, speaker, annual conference of the Southeastern Association of Law Schools (Aug. 2012).

Invisible Federalism and the Electoral College, 44 Ariz. St. L.J. (forthcoming).

Regulating Student Cyberspeech, speaker, annual conference of the Southeastern Association of Law Schools (Aug. 2012).

Ogden serves as cochair for the adjudication committee of the ABA Section on Administrative Law and Regulatory Practice through 2012.

Grant Nelson Article

The First Amendment and Cyberbullying, speaker, UMKC Law Review Symposium (Mar. 2012).

F orty-Five Years as a Remedies Teacher, St. Louis U. L.J. (forthcoming 2013).

Other Activity McDonald was recently elected to the Litigation Advisory Committee of the national organization of the Presbyterian Church of the U.S.A.

Presentation Mortgage Subrogation, Professors’ Corner, panelist and presenter, Legal Education and Uniform Laws Group, American Bar Association Real Property, Trusts and Estates Committee (Jul. 11, 2012).

Gregory S. McNeal Book Chapters Are Targeted Killings Unlawful Killings: A Case Study in Empirical Claims Without Empirical Proof, in Targeted Killings: Law and Mortality in an Asymmetrical World (Claire Finkelstein, Jens David Ohlin & Andrew Altman eds., Oxford University Press 2012).

New Approaches to Reducing and Mitigating Harm to Civilians, in Shaping a Global Legal Framework for Counterinsurgency: New Directions in Asymmetric Warfare (William C. Banks ed., Oxford University Press, forthcoming).

Gregory L. Ogden Presentation Panel on Final Decisional Authority Among Central Panel States, panelist, Fall 2012 Annual Meeting, National Association of Administrative Law Judiciary (NAALJ), New Orleans, Louisiana (fall 2012).

Demeanor Evidence and Credibility Determinations for Administrative Law Judges, speaker, Fall 2012 Annual Meeting, National Association of Hearing Officers, San Antonio, Texas (fall 2012).

Ogden attended the fall 2012 NAALJ annual meeting and met with the Board of Governor. He also met with the NAALJ Journal Board of Advisors as faculty editor of the journal in September 2012.

Ogden worked on the summer 2012 update to Public Administrative Law, a treatise on California administrative law.

Richard M. Peterson Presentations Presentation, speaker, 11th IDEA Academy for Administrative Law Judges and Impartial Hearing Officers, Seattle University School of Law, Seattle, Washington (July 2012).

Navigating the Individual Education Plan (IEP) Process, presenter, California State PTA Convention, Anaheim Convention Center, Anaheim, California (May 2012).

Religion in the Work and Lives of Judges, Government Lawyers, and Public Interest Lawyers, panelist, Conference of Religiously Affiliated Law Schools, Touro College Jacob D. Fuchsberg Law Center, Central Islip, New York (May 3, 2012).

History and Evolution of Administrative Agencies, speaker, Fall 2012 Annual Meeting, National Association of Hearing Officers, San Antonio, Texas (fall 2012).

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faculty activitites Robert J. Pushaw, Jr.

The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes, 60 Kan. L. Rev. 985 (2012). SSRN: ssrn.com/abstract=2004543

Article T he Original Meaning of the Commerce Clause: Identifying Historical Limits on Congress’s Powers, U. Ill. L. Rev. (forthcoming).

The Third Arbitration Trilogy, Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration, Am. Rev. Int’l Arb. (2011). SSRN: ssrn.com/abstract=1919936

Peter Robinson Article

Presentations

A n Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise, and Fear, 17 Harv. Negot. L. Rev. (forthcoming).

The Arbitration Fairness Index, speaker, Georgia Bar Association Arbitration Institute, Atlanta, Georgia (Aug. 10, 2012).

The Future of Global Mediation Research, moderator, International Association of Conflict Management 25th Annual Conference, Stellenbosch University, Stellenbosch, South Africa (July 13-14, 2012).

Book Environmental Sustainability: Law and Policy (with Craig “Tony” Arnold, Hari Osofsky & Dan Tarlock) (Aspen forthcoming).

Article Judicial State Action: Shelley v. Kraemer, State Action and Judicial Takings, Widener L. J. 847 (2012)..

Thomas J. Stipanowich Conflict Management in Large Corporations: The Fortune 1,000 Survey (forthcoming).

Med-Arb and Other Processes Involving Dual Roles for Neutrals (forthcoming).

Olivia de Havilland v. Warner Bros.: Changing the Landscape of Hollywood Contracts (forthcoming).

Stipanowich continues to serve as official representative/observer, UNCITRAL Working Group III on Online Dispute Resolution, American Bar Association; cochair, National Roundtable on Consumer and Employment Dispute Resolution; and advisor, Restatement of American Law on International Arbitration, American Law Institute. Stipanowich was part of a team working to record interviews for a listening project on apartheid and its aftermath in Cape Town, South Africa, July 2012.

Maureen Weston

The Fortune 1,000 Survey on Corporate Conflict Management, speaker, Georgia Bar Association Arbitration Institute, Atlanta, Georgia (Aug. 10, 2012).

Shelley Ross Saxer

Articles

Other Activities

Mediation Trends in the United States, moderator, International Association of Conflict Management 25th Annual Conference, Stellenbosch University, Stellenbosch, South Africa (July 13-14, 2012).

Promoting Economy and Efficiency in Arbitration, speaker, Canadian College of Construction Lawyers Annual Meeting, San Francisco, California (June 1, 2012).

William Mulholland and the Quest for Water, speaker, Canadian College of Construction Lawyers Annual Meeting, San Francisco, California (June 1, 2012).

Article T he Death of Arbitration After Concepcion, 60 Kan. L. Rev. 101 (2012).

Presentations The Past Year in Arbitration, speaker, ABA Teleconference (June 11, 2012).

Arbitration Case Law Update, speaker, Annual Conference, ABA Section on Dispute Resolution, Washington, D.C. (Apr. 2012).

Assessing Negotiation Learning, speaker, Annual Conference, ABA Section on Dispute Resolution, Washington, D.C. (Apr. 2012).

Other Activities Weston is the faculty director for the Entertainment, Media, and Sports Dispute Resolution Project.

Ethical Considerations in Dispute Resolution, speaker, American Conference Institute’s 2nd Advanced Forum on Managed Care Disputes and Litigation, Philadelphia, Pennsylvania (May 23, 2012).

This is a partial list. For more faculty writings visit:

lawmagazine.pepperdine.edu/facultywritings PEPPERDINE LAW

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C l a s s Ac t i o n s

1 1980 Jeffrey W. Shields is among 24 attorneys at Jones Waldo, one of Utah’s most enduring and prestigious law firms, to be selected by their peers for inclusion in The Best Lawyers in America 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).

1985 Kenneth P. Smith (1) was recently appointed as the honorary consul for Chile in Arizona. He also serves as judge pro tem for the Superior Court of Maricopa County with an assignment to the Justice Courts.

He is the managing partner of Smith Alston PLC, a plaintiff’s personal injury firm in Mesa, Arizona. He is married to Minyon Romney and has three children, four grandchildren with one more on the way.

1987 Zna Portlock Houston (‘84, JD ‘87) has been appointed to the California African American Museum Board. Houston is a senior assistant city attorney in the Labor Relations Division at the Office of the Los Angeles City Attorney, where she served as a deputy city attorney from 1994 to 2008.

She was an attorney in private practice from 1992 to 1994. Houston served as director of membership for the Pasadena Tournament of Roses from 1992 to 1994, counsel for Fox Inc. from 1989 to 1992 and an associate attorney with Littler Mendelson from 1987 to 1989.

3

2 1990

5

4 2003

Kimberly Carlton Bonner (2) was elected president of the Conference of County Court Judges of Florida at their annual business meeting in July 2012. Judge Bonner will represent the 322 county court judges in Florida during her one-year term. She has been a county judge in Sarasota, Florida, since 2002.

1999 LeAllen Frost was named general counsel and senior vice president of RoundPoint Mortgage Servicing Corporation on June 1.

RoundPoint is a national mortgage servicer that provides innovative custom solutions for managing credit-sensitive residential mortgages.

2000 Sidney “Sid” S. Fohrman (3), an of counsel attorney in Barnes & Thornburg LLP’s Los Angeles office, and a member of the firm’s Corporate Department and Entertainment and Music Practice Group, has been named a Rising Star by the Southern California Chapter of the Association of Corporate Counsel. He was recognized with other honorees at a reception in Laguna Beach, California, on April 19.

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Markus Kypreos (4) was named partner at Pennington Hill LLP, a civil litigation firm in Fort Worth, Texas.

Jon Lambiras (5) was selected for inclusion as a 2012 Pennsylvania Super Lawyers Rising Star by Philadelphia Magazine, an honor conferred on less than 2.5 percent of attorneys in Pennsylvania who are 40 years old or younger. He is a litigator with Berger & Montague PC in Philadelphia, Pennsylvania. He represents plaintiffs in securities fraud and consumer protection class actions.

2005 Brooke N. Stephens and Charles Leininger (JD ’06) opened the firm Merus Law in Roseville, California, in May 2005.

Stephens and her husband, KJ Stephens, welcomed their second child, Tenley Jo Stephens, on December 7, 2011.

Submissions for Class Actions may be e-mailed to the Pepperdine School of Law Advancement and Alumni Affairs Office at lawalum@pepperdine.edu.

LAW.PEPPERDINE.EDU

In M e m o r i a m Robert Halal (JD ’70), born in 1935, died peacefully surrounded by family on March 26, 2012, after succumbing to cancer.

He was born in Aitaneet, Lebanon, the second son to Emitt and Alice Halal (deceased) and immigrated to the United States as a young boy. His family settled in Cleveland, Ohio. He became a naturalized citizen at age 16. He was an alumnus of Miami University of Ohio and a lieutenant JG in the U.S. Navy. He later graduated from Pepperdine University School of Law. He practiced family law in Southern California until he recently retired. He is survived by four brothers, one sister, seven children, 11 grandchildren, and three great-grandchildren.

Kevin Charles Kellow (JD ’82), born in 1958, of Santa Monica, California, formerly of Pen Argyl, Pennsylvania, passed away at home in the early evening of March 27, 2012, surrounded by his family.

He was a practicing attorney in California for 30 years. He was a graduate of Pen Argyl High School and Penn State University. He received a JD from the Pepperdine University School of Law in 1982 and an LLM in taxation from Boston University in 1983. He was an active member of the State Bar of California Real Estate and Taxation Sections. He concentrated his practice on helping clients in complex real estate, business, and tax matters. He served as the manager of many LLCs in which his clients had interests.

In addition to his legal career, He was involved in several successful business pursuits. He loved to travel and was an accomplished athlete. Kevin was an avid Phillies and Nittany Lions fan. He is survived by his loving caregiver, best friend, and former wife, Theresa Totani; his mother, Nevis Kellow; aunt, Lena Cesare; aunt and uncle, Natalie and Harold Visentin; and many cousins and friends. He is predeceased in death by his father, Raymond Kellow.

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James Damian Sellars (JD ’78), born September 1, 1952 in Ann Arbor, Michigan, passed away on May 27, 2012, of cancer in Redondo Beach California.

He grew up in Redondo Beach, California, and graduated from Bishop Montgomery High School in Torrance, California State University, Long Beach, Pepperdine University School of Law, and New York University School of Law. He started his legal career at a firm in Stockton, California. After earning a master’s degree in tax law at NYU, He joined Ball, Hunt, Hart, Brown & Baerwitz in Long Beach, California. After becoming a partner at Ball Hunt Hart, He left the firm to become a founding partner of Cameron, Madden, Pearlson, Noblin & Sellars.

Some years later, he opened a solo private practice in Long Beach, where he continued to work until his final illness. In the last ten years of his life, Jim discovered the joys of kayaking and spent many hours enjoying his new sport and his new friends. He died surrounded by his family. He is survived by his parents, John and Ethel Sellars of Redondo Beach; his sister and her husband, Mary Ellen and Phil Barnes of San Pedro, California; and his brother and his wife, Chris and Pam Sellars of Redondo Beach. He will be missed by his family and friends.

Duane Skavdahl (JD ’80) passed away on July 3, 2012, after a nine-month battle with cancer.

Skavdahl practiced insurance defense and was partner in a law firm in Kentucky with offices in Ohio, Michigan, and Florida.

Skavdahl’s wife, Jan, noted that her husband took great pride in being a Pepperdine School of Law alumnus.

Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics presents

February 8-9, 2013 Praised by some and criticized by others, intercountry adoption remains a matter of deep contention on the global stage.

Proponents see it as a way to rescue what may be as many as 18.5 million adoptable orphans in the world, while critics call it a door to corruption and cultural imperialism.

This year, the Herbert and Elinor Nootbaar Institute for Law, Religion and Ethics annual conference seeks to explore these issues and to find common ground and understanding among these voices, while exploring the complex legal, religious, and ethical issues that can bring good intentions to a standstill. We will bring together lawyers, scholars, pastors, adoptive families, and adoptees to investigate the future of intercountry adoption.

24255 Pacific Coast Highway Malibu, California 90263

School of Law

Palmer Center for Entrepreneurship and the Law

Straus Institute for Dispute Resolution

Nootbaar Institute on Law, Religion, and Ethics

310.506.4611 310.506.4655

310.506.4681 310.506.7635

Alumni Affairs

310.506.6567 Moot Court

310.506.4654