Pepperdine Law - Vol. 29, Iss. 2 (Fall 2010)

Alumnus Terry Giles Brings Peace to the Family of Dr. Martin Luther King, Jr.



Fall 2010

Dean Tom Bost Takes the Helm

Evolution of a scholar A conversation with Pulitzer Prize-winner Ed Larson

The One Percent Society Pepperdine Law is a place where students come to be educated by the nation’s top legal scholars, to be exposed to a diverse community full of opportunities, and to find their true calling in the law.

The One Percent Society helps make that possible.

Members of the One Percent Society commit to give annually a minimum of 1% of their income toward the future progress of Pepperdine and its wonderful students.

Dedicated alumni, committed friends of the University, and generous faculty members have all come together in support of this cause. Indeed, every member of Pepperdine’s law faculty has committed to financially supporting the future of Pepperdine Law. Each and every tax-deductible donation made through the One Percent Society goes directly toward helping the school achieve its mission of “Strengthening Lives for Purpose, Service, and Leadership.”

Please support the law school today by becoming a member of the One Percent Society.

310.506.4840 | law.pepperdine.edu/onepercent

Vol. 29, No. 2  Fall 2010 Pepperdine Law, the magazine of Pepperdine University School of Law, is published by Pepperdine University.

Features

School of Law Administration Thomas G. Bost – Interim Dean

9 Reinvigorating a Classic

L. Timothy Perrin – Vice Dean

Over the past year, Pepperdine’s Harnish Law Library has undergone major renovations and upgrades to technology.

Carol A. Chase – Associate dean, academics James A. Gash – associate dean, student life

12 Beyond U.S. Borders

Maureen Weston – associate dean, research Herbert E. Cihak – associate dean, library and information Aymara Zielina – assistant dean, career development

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The Office of Public Affairs

16 Held Without Cause Student David Nary investigates the story behind three boys wrongfully charged with murder in Mukuku, Uganda.

Rick Gibson (MBA ’09) – associate vice president f or public affairs Matt Midura (BA ’97, MA ’05) – executive director of university marketing & communications Megan Huard – director of content development Brett Sizemore – director of creative services

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Ed Wheeler (BA ’97, MA ’99) – director of web & multimedia

Emily DiFrisco – editor Keith Lungwitz – art director

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

With guidance from faculty mentors, third-year student Ryan Griffee publishes original scholarship on game theory and the battle of the forms.

Appointed custodian and CEO of the King Center by a Georgia judge, Terry M. Giles ( JD ’74) restores order and peace to the family of Dr. Martin Luther King, Jr.

23 a lawyer in your corner Michele Maryott ( JD ’97), a partner at Gibson, Dunn & Crutcher, educates clients on the perils of social media and mentors the next generation of attorneys.

Jill McWilliams – production manager David Nary, Morgan Thrower, Samantha Troup – contributors

24 Evolution of a scholar

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

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Pepperdine University School of Law

A conversation with Pulitzer Prize-winner Ed Larson, Hugh and Hazel Darling Chair in Law.

Malibu, California 90263

28 Student 4.0

p: 310.506.6567  f: 310.506.4266

Second-year student Brittney Lane successfully juggles law school and water polo.

e-mail: emily.difrisco@pepperdine.edu

30 Touching the Invisible

School of Law Offices Admissions 310.506.4631 Advancement and Alumni Relations 310.506.4492

Career Development

310.506.4634

Global Justice Program

310.506.4734

International Programs

310.506.7597

Straus Institute for Dispute Resolution

310.506.4655

Geoffrey H. Palmer Center for Entrepreneurship and the Law H erbert and Elinor Nootbaar Institute

on Law, Religion, and Ethics

18 Game On!

20 Bridging the Gap

Pepperdine Law staff

Law students trade the comforts of Malibu, California, for the opportunity to provide crucial legal services on the front lines of Ethiopia, Rwanda, Uganda, and India.

Clinical Programs

310.506.4681 310.506.7635 310.506.7449

law.pepperdine.edu LS1005035

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Tracey Brown brings behind-the-scenes assistance to the Dalit of India.

36 In Memoriam Remembering Professor Tony “Skippy” McDermott

In Every Issue 2 Message from the Dean 3 News Shorts 32 Faculty Writings and Speaking Engagements 38 Class Actions

Message from the Dean

Full Steam Ahead

J

ust more than a decade ago, I went through a major life transition,

retiring after 31 years of law practice with Latham & Watkins and joining the faculty at Pepperdine University School of Law. I had long been an admirer of the law school based upon the highly capable and motivated graduates it produced and it was a great honor to have the opportunity to join the enterprise. My experience as a member of the faculty has done nothing but increase my appreciation for Pepperdine Law.

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This year I’m in the middle of another important transition, serving as the interim dean of the law school. I’m deeply honored to have the opportunity to serve the law school community in this capacity as we seek to continue our momentum forward, building on the strong foundation established by former deans Ron Phillips and Ken Starr, among others. I do not intend to simply maintain the status quo. We are moving full steam ahead as we continue to prepare students to be peacemakers and justice-seekers in a world that is in desperate need of peace and justice.

In this issue of Pepperdine Law we feature Professor Ed Larson, a remarkable scholarteacher and Pulitzer Prize winner who was recently appointed one of Pepperdine’s inaugural University Professors, a high honor indeed. The incredible breadth and impact of Ed’s scholarship is astounding.

I hope that you will also take a moment to read about the ever-increasing quality and quantity of scholarship produced by my talented faculty colleagues. We were pleased to welcome two additional tenure-track faculty members this fall, along with an impressive line-up of distinguished visitors.

Under the able leadership of Dean Herb Cihak we have given the Jerene Appleby Harnish Law Library a facelift, dramatically changing the look and feel of the space, while also implementing several new initiatives that led to the library being named “The Best of the Best” by the American Association of Law Libraries.

We also tell the stories of several of our remarkable alumni who are making vital

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differences in their communities. Alumnus Terry Giles (JD ’74), who serves on the University’s Board of Regents, recently accepted a court appointment as the custodian of the King Center in Atlanta, Georgia. His efforts have helped to restore peace and order to that critically important American institution. Michele Maryott (JD ’97), a partner at Gibson, Dunn & Crutcher and a member of the law school’s Board of Visitors, shines as an example of an alum who is leading a life of purpose, service, and leadership.

We also tell the stories of several of our amazing students. The students are the heart of the educational enterprise at Pepperdine and I am continually impressed by them.

The entering class for this fall was the most academically qualified in the history of the law school for the seventh year in a row.

And our students are not just academically accomplished, they are also motivated to make a difference in the world. I encourage you to read about what they are doing locally, nationally, and across the globe.

This is an exciting time for the law school and I’m very grateful for the many expressions of support I have received over the last several months. I look forward to working with each and every member of the Pepperdine Law community—faculty, staff, students, alumni, and friends—as we continue moving the law school forward. Full steam ahead.

All the best, Thomas G. Bost Dean and Professor of Law

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School of Law to Host Third Annual Foreign Direct Investment Arbitration Moot Court Competition Pepperdine will present the Third Annual Foreign Direct Investment Arbitration Moot Court Competition and Conference from October 22 to 24 in Malibu, California. This is the first year that Pepperdine has hosted the competition and conference, which are organized by the Center for International Legal Studies and cosponsored by the law school.

Renowned Scholars to Discuss

the Most Maligned Decisions

in Supreme Court History

at Pepperdine Law Review Symposium Pepperdine University School of Law will host the annual Pepperdine Law Review symposium titled, “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History,” on Friday, April 1, in Malibu, California. The event will focus on notable United States Supreme Court decisions; however, rather than showcasing the Court’s best or most popularly acclaimed decisions, the symposium will consider a few of the most heavily criticized decisions the Court has handed down in its history.

Distinguished legal historian G. Edward White, David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law, will give an introductory address. The main speakers will be Akhil Amar, Sterling Professor of Law and Political Science at Yale University; Suzanna Sherry, Herman O. Loewenstein Professor of Law at Vanderbilt University Law School; Dan Farber, Sho Sato Professor of Law and director of the Environmental Law Program at UC Berkeley; Victoria Nourse, Burrus-Bascom Professor of Law at the University of Wisconsin; and Erwin Chemerinsky, founding dean of the UC Irvine School of Law. “The symposium will allow each presenter to articulate exactly why he or she would nominate a particular case for the Supreme Court’s ‘Hall of Shame,’ before allowing another presenter the opportunity to redeem the Court’s reasoning,” says Ed Larson, University Professor and Hugh and Hazel Darling Chair in Law. “The underlying goal of the symposium is not to criticize the failings of the Court over its history, but rather to take a serious and scholarly look at the limits of judicial power and discretion through an historical lens.”

Thirty-five teams from law schools around the world, including Russia, Ukraine, England, Germany, Georgia, and Australia, will participate in the competition with each team competing in four preliminary rounds. The case, which will consist of at least one procedural issue and one substantive issue, will be a hypothetical case in connection with an investment by a private investor in a foreign host state.

In connection with the competition, the Straus Institute for Dispute Resolution will host a half-day symposium entitled Bilateral Investment Treaty (BIT) Arbitration Problems and Prospects from 9 a.m. to 2 p.m. on October 22. The panel discussions will cover topics such as essential security and emergency measures in investment arbitration and state defenses in investor arbitration.

The Foreign Direct Investment Arbitration Competition (FDI) was founded in 2006 as an international moot court competition focusing on investor-state disputes. Pepperdine took top honors at the 2009 competition, which was held in Frankfurt, Germany.

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Four New Professors Join the Pepperdine Law Faculty

Michael Helfand

This fall Pepperdine welcomed two new tenure-track professors, Michael Helfand and Gregory McNeal, in addition to two visiting assistant professors, Julie McGoldrick and Mireille Butler, to the law faculty. Michael Helfand will serve as associate professor of law and associate director of the Glazer Institute for Jewish Studies. He leaves behind New York—where he received his undergraduate degree in political science, history, and philosophy at Yeshiva University in 2002 and practiced law for two years at Davis Polk & Wardwell, LLP. Helfand earned his master’s, M. Phil, and PhD in political science at the Yale University Graduate School of Arts and Sciences alongside his JD at Yale Law School. He served as a law clerk for both the U.S. Court of Appeals for the Sixth Circuit and the Beth Din (Rabbinical Court) of America. Helfand frequently lectures on issues relating to religious arbitration and will be speaking on the topic at the upcoming Annual Meeting of the American Association

Gregory McNeal

Julie McGoldrick

of Law Schools. He will be teaching contracts in addition to religion and arbitration.

and the New Diplomacy at the School of Public Policy this spring.

Gregory McNeal graduated with a degree in international relations from Lehigh University. Immediately following graduation, he served as an officer in the U.S. Army, before earning a master’s degree from American University and a law degree from Case Western Reserve University. He is completing his PhD in organizational theory at the School of Public Affairs at Penn State University. He has served as a legal advisor to the military, where he advised military prosecutors on counterterrorism cases at Guantanamo and worked with the U.S. Department of Justice on a program to improve transnational counterterrorism cases.

After earning her BA from Pepperdine, Julie McGoldrick attended the University of Mississippi for her MA. She then taught writing and literature at the school for four years before returning to Pepperdine for her JD, where she was a member of the Pepperdine Law Review. After graduation, she practiced law at the downtown Los Angeles office of Akerman Senterfitt LLP, focusing on business litigation and real estate transactions.

McGoldrick is the daughter of longtime law professor James McGoldrick and will teach Legal Research and Writing.

McNeal is the editor in chief of The National Security Report, the flagship journal of the American Bar Association’s Standing Committee on Law and National Security. He also serves as a member of the Executive Committee of the AALS Section on National Security Law, and as vice president of the American National Section of the International Association of Penal Law. In addition to teaching Ethical Criminal Practice and Criminal Law at the law school, McNeal will teach International Institutions

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Mireille Butler

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Mireille Butler holds two law degrees, one from the University of Bordeaux School of Law in France, and the other from Washington University in St. Louis, Missouri.

She graduated Order of the Coif from Washington University, where she was also articles editor for the Washington University Law Review.

After a successful career managing law firm recruiting at nationally recognized law firms, Butler served for two-and-a-half years as director and assistant dean at Pepperdine’s Career Development Office.

She will teach Legal Research and Writing.

Pepperdine Welcomes Five

Distinguished Visitors to the Faculty

Pepperdine welcomes three prominent visiting professors and two distinguished practitioners in residence this fall semester. D & L Straus Distinguished Visiting Professor Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University, will Amar co-teach Advanced Constitutional Law: Reading the Constitution for the sixth consecutive year, and D & L Straus Distinguished Visiting Professor Ellen Pryor, associate provost and Homer R. Mitchell Professor of Law at SMU, will teach Law and Morality seminar and Torts I.

“My first exposure to Pepperdine was teaching in the summer Religion and Law Institute at Professor Cochran’s invitation,” says Pryor. “I loved the strong sense of community at the law school, and thus was happy to be invited to serve as a visiting professor this fall. I Pryor am especially looking forward to participating—in teaching, writing, and conversation—with the community in dialogue about the integration of values and legal practice and legal education.”

Gsell

eate Gsell, professor B of law at the University of Augsburg, Germany, with whom the law school has an exchange program, will also serve as a visiting professor this fall, co-teaching Advanced Property Issues with Professor Peter Wendel.

Mark A. Behrens and John G. Malcolm will serve as distinguished visiting practitioners in residence. Behrens, a partner in the Washington, D.C.-based Public Policy Group of Shook, Hardy & Bacon LLP, Behrens will teach an advanced torts seminar. Malcolm, who was most recently executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association of America, will teach copyright law.

“Over the last several years, after practicing in a variety of areas, I have developed an expertise in the area of copyright and am happy to be exploring this dynamic subject with the bright Malcolm and conscientious students in my class,” says Malcolm. “I am also looking forward to getting to know the faculty, whom I am proud to call my colleagues.”

Andrei Duta Joins

the Palmer Center as Entrepreneur-in-Residence Pepperdine University’s Geoffrey H. Palmer Center for Entrepreneurship and the Law has welcomed aboard Andrei Duta as its entrepreneur-inresidence for 2010–2011.

Duta formerly worked at Pepperdine’s Seaver College in the Business Administration Division as an assistant professor of organizational behavior and management.

In his new role, Duta will work with the Palmer Center to develop new and existing initiatives, bolster strategic relationships throughout the center and its extensive community, and support the Palmer Center’s new microfinance program. In addition, he will help with the creation, evaluation of context, and facilitation of contacts to help aspiring entrepreneurs flex their creative energies and generate value in the marketplace.

“I want the microfinance initiative to become self-sustainable through successful programs,” says Duta. “And for the businesses accelerated through our program, which is a joint collaboration between the Palmer Center and the Graziadio School, to become successful and enduring in their own right.”

With an academic interest in entrepreneurship, leadership, and organizational behavior, Duta explains that an entrepreneur-in-residence serves as a catalyst and works as a “mediator of sorts among multiple stakeholders at different stages in the deal flow—helping with creative ideation, vetting businesses, raising capital, helping with organizational structure, and interfacing with potential strategic partners, lawyers, etc.”

Duta received his BA and MS from Abilene Christian University, and his PhD from Texas A&M University. on the WEB

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Straus Institute Hosts 33 International Judges for Mediation Training Pepperdine University School of Law hosted 33 judges from 21 countries at the Straus Institute for Dispute Resolution’s “Mediation Skills for International Judges” conference in July.

Hosted in conjunction with the JAMS foundation and the Conference for International Mediation for Justice (CIMJ), the program focused on the mediation process, identifying and working with different mediation styles, and facilitating problem solving for pending court cases.

The program offered participants the opportunity to practice mediating simulated disputes and to observe active and retired judges mediating at the Los Angeles Superior Court JAMS, ARC (Alternative Resolution Centers), ADR Services, Judicate West, and IVAMS Arbitration Mediation Services.

“Mediation, and especially court-annexed mediation, is very experimental in many parts of the world,” said Peter Robinson, professor of law and managing director of the Straus Institute for Dispute Resolution.

“In addition to learning how judges in the U.S. and Canada have integrated mediation skills into their judicial practice, each attending judge observed a sitting or retired judge throughout LA and Orange Counties conducting a mediation. This program provided an opportunity for judges in jurisdictions that

do not have robust court-annexed mediation programs to learn and then observe how mediation can provide quicker and better justice.

These judges can share their experience from this program with other judges in their jurisdictions and advance dialogue about whether and how mediation might augment their current customs and practices.”

Judge Gladys Stella Álvarez from the National Civil Court of Appeals in Buenos Aires, Argentina, said that the course was an excellent update to her knowledge of ADR. “It enriched my skills and conceptual frame about mediation, in addition to allowing me the pleasure of participating in a top-level mediation seminar taught by first-rate teachers,” she said.

The six-day course was taught by distinguished professionals in the area of judicial mediation, including the Honorable Louise Otis, a retired judge from the Quebec Court of Appeal; Alain Laraby, Esquire, from Paris, France; the Honorable Robert Levy, U.S. District Court, New York; the Honorable Alexander Williams III, a retired judge from the Los Angeles Superior Court (currently with ADR Services); John ‘Jay’ Welsh, the executive vice president and general counsel for the Judicial Arbitration and Mediation Services ( JAMS); Peter Robinson, managing director of Pepperdine’s Straus Institute; and Denise Madigan, mediator for ADR Services.

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“With excellent faculty, well-written and organized materials, and very helpful staff, this was by far the best conference I’ve been to,” said Judge Duncan R. Beveridge of the Nova Scotia Court of Appeal.

The countries represented included Argentina, Australia, Bangladesh, Belgium, Brazil, Bulgaria, Canada, France, Germany, Haiti, Indonesia, Japan, Netherlands, Romania, Russia, Rwanda, Spain, Switzerland, Tanzania, Uganda, and the United Kingdom.

“Meeting and engaging with judicial officers from around the world is expansive to all of us,” said presenter Mitchel Goldberg, an adjunct professor at the Straus Institute. “It was a wonderful experience for me to share my thoughts and to have a dialogue with fellow professionals who envision the need for alternative methods to traditional litigation and who are also passionate about the process like I am.”

The Conference for International Mediation for Justice is an NGO committed to the advancement of mediation among the judiciary around the world. Pepperdine’s Straus Institute for Dispute Resolution has been ranked the number one program in the United States for dispute resolution by U.S. News and World Report for the past six years.

Pepperdine Hosts Six Members of the Ugandan Judiciary to Discuss Plea Bargaining Pepperdine hosted six members of the Ugandan judiciary from May 21 through 29 for a series of discussions on plea bargaining. The group included James Ogoola, the principle judge of Uganda’s High Court, in addition to three criminal court judges, the registrar of the criminal court, and the registrar of the Uganda war crimes court.

In April, the Ugandan government allocated funds to allow members of their judiciary to visit the United States on a study tour hosted by Pepperdine’s School of Law. Throughout the week, the judges met with district attorneys, public defenders, judges, law professors, and law enforcement officers in Los Angeles and Ventura Counties. The discussions focused on best practices in plea bargaining in the state and federal system.

Jim Gash, associate professor of law and associate dean of student life, coordinated the study tour. “We were honored to host such a distinguished group of jurists and to provide them with an inside view of plea bargaining in the United States,” said Gash.

Uganda had not previously utilized plea bargaining, but is now introducing it into its criminal justice system in an effort to help alleviate Uganda’s case backlog and prison overcrowding. Three months after the study tour, Judge Ogoola reported that he had implemented plea bargaining tools in his courtroom and completed 70-case court session in half the time it required previously.

Nootbaar Institute Hosts A Conversation with Chief Justice Benjamin Odoki Pepperdine’s Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics and Global Justice Program presented a conversation with the chief justice of Uganda, Benjamin Odoki, on September 23 at the School of Law. Joining Chief Justice Odoki, the panelists were Justice Geoffrey Kiryabwire of the Uganda High Court, Commercial Division; Tim Perrin, vice dean of the School of Law; and third-year student Nicole Hutchinson, who previously clerked for the chief justice in Uganda. Chief Justice Odoki spoke on writing the 1995 Constitution of Uganda, advancing the rule of law, and the future of Uganda.

"One of the major issues facing the creation of the constitution was the lack of compromise," said Chief Justice Odoki, who chaired the country's constitutional commission in the early 1990s. "We had to go issue by issue and find the consensus, and then we had to build confidence in the new constitution."

Odoki has served as the chief justice since 2001, where he presides over the Supreme Court. From 1989 to 1993 he was chair of the Uganda Constitutional Commission, which collected the views from the public and prepared a draft constitution for Uganda.

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The draft was debated and adopted by an elected Constituent Assembly in 1995. He also serves as the chair of the Editorial Board of the Uganda Law Reports, a member of the Honorary Board of the Commonwealth Law Bulletin, a judge of the Administrative Tribunal of the African Development Bank, and a member of many international organizations, including the Judicial Integrity Group, which formulated the Bangalore Principles of Judicial Conduct in 2003, the Commonwealth Lawyers Association, and the Commonwealth Magistrates and Judges Association.

Previously, Odoki served as justice of the Supreme Court of Uganda, justice of the Court of Appeal, judge of the High Court of Uganda, and chair of the Judicial Service Commission from 1996 to 2000. He also worked as director of the Uganda Law Development Centre, director of Public Prosecutions and Senior State Attorney in the Ministry of Justice where he started working in 1969 soon after obtaining his law degree from the University of Dar es Salaam.

For many years he was also chair of the Uganda Law Council, which is responsible for regulation of the legal profession.

His book, The Search for a National Consensus, which details the making of the 1995 Uganda Constitution, was published in 2005.

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n e w s s h o rts Pepperdine to Present the Annual NAALJ Meeting and Conference In conjunction with the National Association of Administrative Law Judiciary (NAALJ), Pepperdine will present “Excellence in Administrative Justice: Delivering Due Process,” from October 10 to 14 in Malibu, California.

The conference will begin with an opening reception Sunday evening, with the educational program beginning Monday and lasting through Wednesday.

The Pepperdine/NAALJ collaboration goes back to fall of 2000 when Professor Gregory Ogden became the faculty editor for the Journal of the National Association of Administrative Law Judiciary. Facilitated by Ogden and the Honorable Mary Margaret Anderson, the conference will host many of the members of NAALJ, which has a national membership of more than 700 people.

The event will be a continuing judicial education program with judicial writing sessions, neuroscience presentations, specialized skills training for special education law judges, and programs on legal developments in their field.

Programming includes a full day of instruction in judicial writing by LAWriters’ chief instructor, seminars on neurological subjects, and seminars on subjects ranging from cognitive bias and judicial decision-making to assessing witness credibility.

The NAALJ is the largest professional organization devoted entirely to administrative adjudication, specifically within the executive branch of government. The NAALJ voting members exercise broad subject matter jurisdiction and include state, federal, and local administrative law judges, hearing officers, referees, trial examiners, agency chairs, commissioners, and appellate authorities. Its mission is to promote an impartial, professional administrative judiciary that adheres to high ethical standards and furthers the recognition and understanding of its necessary role in the function of government.

Straus Institute Welcomes Two Fulbright Scholars Pepperdine Law’s Straus Institute for Dispute Resolution welcomed international Fulbright scholars Yosra Abid (left) and Olesia Safulko (right) to its master of laws program this fall. Abid hails from the Northern Africa country of Tunisia, while Safulko comes to Pepperdine from the Ukraine.

Abid earned a master’s in European Law Practice from Le Havre University in France.

Fluent in Arabic, Spanish, and English, she looks forward to studying “fast-changing and important dispute resolution mechanisms, through an increasingly globalized legal education.”

Safulko earned degrees from Hamburg University in Hamburg, Germany. Fluent in five languages, she most recently worked as an assistant attorney for the Bar of Lviv region in Ukraine. “The implementation and use of alternative dispute resolution techniques are just beginning to be widely discussed in the Ukraine now,” she says. “The U.S. already has experience with ADR; it might provide valuable tools to take back there.”

Established by Congress in 1946 the Fulbright Scholarship program is the largest international exchange program for students, scholars, and professionals pursuing advanced study, research, and teaching in the U.S. today.

Each year, Pepperdine's Straus Institute welcomes international students as part of its thriving global presence. Current students hail from countries such as Ghana, Italy, Korea, Germany, New Zealand, Saudi Arabia, and Venezuela.

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Reinvigorating a Classic Over the past year, Pepperdine’s Harnish Law Library has undergone major renovations— adding casual seating, increasing the number of carrels, opening up sightlines, adding the SmartBar and coffee counter, and making the entrance more inviting.

The library houses the American Arbitration Association (AAA) Library and Information Center Collection, one of the largest collections of arbitration materials in the world. The AAA collection offers numerous types of dispute resolution materials, including treatises, loose-leafs, periodicals, rules, arbitral awards, AAA publications and reports, and archival items.

Comprising nearly 6,000 book titles, in addition to thousands of journal articles and reports, the collection was fully catalogued in the summer of 2010. Librarians have started the final phase of the project—digitizing the AAA-authored materials and making them available worldwide through a dedicated Web site.

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The library was recently recognized as one of “The Best of the Best” by the American Association of Law Libraries, for innovative ways of providing student services—including the SmartBar, Tuesday Café, Library Happy Hour, and fulltime coffee service.

Inspiration in the Library Herb Cihak sees libraries as places of transformation, where minds are opened to new ideas. He sees the law library as the heart of the law school, reaching out to support the work of the faculty, to serve the students, and to share its resources with the university and legal communities.

Bringing a long career of law library expertise, Herb Cihak directs Pepperdine’s Harnish Law Library.

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“Law libraries need to be upbeat, forward-looking, and dynamic organizations which provide a gathering place where its clients can come to engage in dialogue, research, or introspection,” says Cihak, who earned advanced degrees from Brigham Young University and the University of Nebraska. “Law librarians stand at the precipice of evolving information technology, which can be harnessed to enhance and strengthen classroom instruction.”

Cihak and his wife Laurine came to Malibu in June 2007 when he took the helm at Pepperdine’s Harnish Law Library as professor of law and associate dean of library and information

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services. He brought with him extensive experience in law librarianship from schools in Arkansas, Louisiana, Kentucky, Mississippi, and Oklahoma.

Prior to Pepperdine, he was the director of the Young Law Library at the University of Arkansas. He also served in leadership positions at the Louisiana State University Law Center, the University of Kentucky, and the University of Mississippi.

“Law libraries have existed since the advent of law schools in order to support the curricular and research needs of faculty and students,” says Cihak, who believes partnering with law faculty and students is key. “Law librarians have the unique privilege to assist law faculty and law students with finding, interpreting, and utilizing a myriad of legal information resources— regardless of whether that information is in paper or digital format.”

In the three years Cihak has overseen the Harnish Law Library, he has facilitated equipment upgrades, service improvements, and a major renova-

Containing over 400,000 volumes and volume equivalents, the library also offers Lexis, Westlaw, and over 20 other online databases, including Making of Modern Law, CCH Online, and BNA materials online.

Renovations to the library began in the summer of 2009 and took more than a year to complete.

tion. The entrance was upgraded and made more welcoming, student carrels were added, the collections were pruned, and a Smartbar technology system was implemented. “We also have enhanced classroom technology, assisted in providing digital signage, and provided a whole host of conference, video, and instructional services to the law school community,” he explains.

At the end of the day, all the initiatives stem from making customer service the library’s number one priority. “Our reference librarians and public services and information technology staff offer top-notch customer service,” says Cihak. “Taking into account law libraries throughout this country, we

have an extraordinary team of library and information services professionals here at Pepperdine.”

the Help America Vote Act (HAVA) and

As a law library expert, Cihak has written extensively on library management and marketing. He served as president of the Southeastern Chapter of the American Association of Law Libraries from 2001 to 2002 and is currently active in the American Association of Law Libraries. He serves as a member of ABA law school accreditation teams, which sends him on site visits across the country.

on the Board of Directors for the Los

He published the 2002 book Leadership Roles for Librarians, which was designated as an American Association of Law Libraries Series Publication. He has also published articles on

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election law reform, and he teaches Election Law each year. Cihak serves Angeles chapter of the J. Reuben Clark Law Society and is the faculty advisor for Pepperdine’s chapter.

Overseeing the library is an undertaking Cihak finds ripe with possibility. “I have always believed that knowledge is power. I keep motivated by watching the transformation that can take place within the walls of a library, or within the hearts and minds of those I lead, or in the lives of other people that I come in contact with. I also have the opportunity to teach, and this calling is rewarding.”

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Law students trade the comforts of Malibu, California, for the opportunity to provide crucial legal services on the front lines of Ethiopia, Rwanda, Uganda, and India.

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ach summer, Pepperdine’s Global Justice Program sends more than 20 students to developing world hot spots in Africa, Asia, Latin America, and Eastern Europe, where legal systems are often just emerging or evolving. In placements with faith-based human rights organizations and key governmental agencies, students have the opportunity do hands-on legal work—interviewing clients, writing case briefs, clerking for judges, and participating in academic research projects. After returning from externships in Ethiopia, Uganda, Rwanda, and India, these second-year students reflect on their summers abroad.

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Alyssa Ayotte “Having never before stepped foot onto the soil of an eastern country, adjusting to the living standards in India was initially difficult,” says Ayotte. “For instance, driving on chaotic Indian roads, especially since cars do not have seat belts, makes driving in Los Angeles or New York seem like a breeze.”

Working with India’s Operation Mobilization as an intern in the Anti-Human Trafficking Unit, Ayotte researched India’s anti-human trafficking laws, as well as the components intended to help rehabilitate survivors.

The conditions of the disadvantaged people she worked with made a lasting impression. “Many things that I take for granted—from clean water and air conditioning to westernized toilets and mattresses on which to sleep—are luxuries that many people in India will never have.”

Sean Cooney As a clerk to the chief justice of Uganda, Cooney had the opportunity to conduct legal research and help draft Supreme Court opinions and legal memoranda. “Like most judicial externships in the United States, it was interesting to see the judicial process from the perspective of the judiciary,” he said.

“Almost all of the projects and opinions that I worked on involved

precedent-setting decisions, and with the Constitution only 15 years old, most constitutional interpretation issues were of first impression. In the opinions I wrote, I had to analyze the facts, the law, and then weigh the relevant public policy concerns and make recommendations to the chief justice. It was a process I had done a thousand times during my first year. I realized it didn’t matter if the law was from California, the Ninth Circuit, or Uganda, the process was the same.”

Kyle Matous As an extern in the Uganda Commercial Court located in Kampala, Uganda, Matous helped create a reliable and universal way for lawyers in Uganda to research current laws to help ease the backlog of cases currently overwhelming the court system. Working with a team to research precedent-setting cases, Matous helped create an exhaustive and search-friendly way for lawyers to research case law. The team formatted, summarized, and created consistent case citations for a CD-ROM to be sent to lawyers throughout Uganda.

“It was eye opening to see complaints and answers that did not even reference the relevant law,” he says. “This severely complicates the job that a judge in Uganda must do, particularly because Ugandan judges do not have a team of clerks like judges in the U.S. do. Thus, judges spend a disproportionate amount of time doing work that the lawyer

Alyssa Ayotte (left) and Tracey Brown interview Indian women.

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Sean Cooney pictured with Justice Geoffrey Kiryabwire at the Uganda High Court, Commercial Division.

should have done in the first place.

This wasted time is one of the reasons Uganda faces such judicial backlog.”

Stevie Newton With a longtime passion to work in international law, Newton was thrilled to work for Justice Geoffrey Kiryabwire, a judge in the Commercial Division of the Uganda High Court. Like Matous, she helped with an electronic database of all the cases that have been heard by the court since its creation in 1996, but she also joined Deans Tim Perrin and Jim Gash and other students in a four-day juvenile justice project, providing legal services to imprisoned children facing serious criminal charges.

“This was the perfect opportunity to see firsthand the types of issues which may plague a developing country,” said Newton. “I am now endlessly thankful for legal search engines such as LexisNexis and Westlaw, rather than frustrated by the fact that they often provide ‘too many’ results that I must sort through. I am much more thankful that the U.S. legal system functions to a degree that the majority of the public can put their faith and trust in its ability to administer justice.”

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Bryan Pereboom As a summer associate with Schulze Global Investment in Ethiopia, Pereboom saw firsthand the challenges facing Africa’s second-most populous nation. “I have spoken with judges who were appointed at 25 years old because the country produced only 59 attorneys a year,” he says of the county that is home to 85.2 million people.

Working on investment contracts in Ethiopia required a steep learning curve, as the laws are derived from French civil code, but Pereboom enjoyed the work and thinking of new ways to address problems. “Investment contracts are predicated on their enforceability, so I would like to know more of what the U.S. has done right and explore alternatives to in-court solutions.”

Ashley Puscas travels around Rwanda on a boda boda.

Ashley Puscas As a judicial extern at the Rwanda Supreme Court, Puscas had the opportunity to advise the deputy chief justice of the Supreme Court on international comparative law regarding Rwanda’s genocide ideology laws. She also observed pivotal Supreme Court cases that will affect the country for years to come. “Being able to experience another country’s legal system has taught me a lot about the struggles of establishing a strong judicial system,” says Puscas.

“The progress that Rwanda has made since the genocide is incredible, and it has made such an impression on me. Coming from a country that holds the freedom of speech as such an important right, at first I didn’t support Rwanda’s law against genocide denial, but then after researching international comparative law, and learning about how effective words were here in inducing the genocide, it made me realize that right now Rwanda needs a law against genocide denial. Even though I do value the freedom of speech, being in Rwanda has made me realize that the American way of doing things isn’t always the best solution in other countries.”

Lisa Regn Having spent a year living and working in Uganda previously, Regn was excited to return to the country to extern for the Commercial Court in the capital city of Kampala. “Uganda is so ripe with opportunity; being there made me excited to get out and start working.”

In addition to her work for the court, Regn also joined the Pepperdine group that provided legal services to children facing serious criminal charges in a prison or “Remand Home” in Naguru.

Regn interviewed children and prepared briefs for their trial date. “My time there made me realize all the opportunities for law and business in a place like Uganda,” she says. “This experience has me

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Stevie Newton (far left) and Lisa Regn (third from left) stand with judges and lawyers in the Commercial Division of the Uganda High Court.

thinking about ways that I can contribute in the future to work that is meaningful and can positively impact others.”

Hannah Stearns As an intern at the International Justice Mission (IJM) in Uganda, Hannah Stearns researched Ugandan property and succession law, conducted primary research on the requirements of the public justice system in relation to property protection, collaborated with Uganda Christian University students to produce a comprehensive guide to protecting property for public distribution, and received comprehensive training on IJM headquarter and field operations.

“I think that living in Uganda and working alongside Ugandan lawyers and staff members has made this experience above and beyond anything I could have done in the States,” she says. “Sure, I can

do legal research anywhere, but learning about a new culture, immersing myself in African history, laws, and daily living is a rare opportunity. I have been able to visit clients and work with individuals that will have a lasting impact on my life, and for that I am so thankful.”

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Hannah Stearns, who interned at the International Justice Mission, is pictured with Ugandan children.

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Law students investigate the story behind three boys wrongfully charged with murder in Mukuku, Uganda.

by David Nary, 2L

David Nary (far right) with Pepperdine students and faculty at the Naguru Remand Home.

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A local mob attacked and murdered a surveyor on August 16, 2009 in the village of Mukuku, Uganda. This example of mob justice stems from the country’s poor property-recording system, which fails to keep proper documentation, allowing outsiders to make claims to land. Fearing the loss of their homes, locals are distrustful of anyone coming to review land parcels and sometimes grow violent towards surveyors.

After the murder, arrests were not made until almost two months later on October 9. Military troops were sent to make arrests, arriving at the village in the middle of the night. They indiscriminately pulled 17 people from their homes. They then had another victim who had escaped the mob attack review the roundup.

One of the people arrested was a boy named Kemba Henry. I interviewed him at the Naguru Children’s Remand Home (a prison for children ages 13-17) in early July as part of a project undertaken by Pepperdine professors, alumni, and law students to provide legal services to these children. After interviewing the children, we compiled briefs for use by the judge, prosecution, and defense so that the children could be dealt with fairly and expeditiously.

Kemba’s first question for us was, “Why am I here?” As it turned out, the eyewitness had never identified him as a participant and there was no evidence against him. Ndiwe Geoffrey and Katongole Charles were also boys from the village who were rounded up, but like Kemba, they were never indentified by the witness. At the time we interviewed the boys, it had been almost nine months since their arrest. They were never informed of the charges against them, they had no access to a lawyer, and they had no way of contacting their parents or relatives.

Because plea bargaining is an emerging practice in Uganda, every case goes to trial. Nearly one year after the murder occurred, the state was finally ready for trial. The trouble was, there was nothing to assess for these three boys. A look at the case file only revealed that these boys had never been picked out of the lineup, that there was no other evidence against them, and that their only crime was being a resident of a village where a murder had occurred two months before their arrest.

Of the three boys, Kemba was the most confused, explaining to us that he had moved to the village to live with his uncle in late September, more than a month after the murder took place. Upon reviewing the prosecution’s file, I found that someone in their office finally determined the absence of evidence in May 2010 and amended the indictment, removing the three boys from the list of those charged. This was never conveyed to the remand home, to

adult defendants to wait three or more years before any determination is made as to the charges brought against them.

While the law in writing calls for a standard of “innocent until proven guilty” and “beyond a reasonable doubt,” the way in which the law operates in practice is different. This is greatly due to cultural, historical, and financial factors. The standards for unreasonable detention, for example, are different due largely to underfunding, but also because the system

There is reason for hope…much of what I saw during the juvenile session was inspiring. a judge, or to the three boys, so they were forced to wait another month and a half for this to be addressed by the court.

When the boys’ case was called on the first day of the session, the prosecutor stated, “The state has decided not to press charges.”

The judge informed the boys that they were to be released. The three boys turned to look at us with wide-eyed stares and smiles.

They believed that we had done something very special for them. Ndiwe Geoffrey stood closest to me and said, “It is okay now.”

Their first reaction was happiness and thankfulness, not frustration and anger at being held without cause. The truth is, compared to most criminal defendants in Uganda, this timeline is not abnormal. It is not uncommon for 17

operates in a prosecution-friendly manner.

Although much of this may sound disheartening, there is reason for hope. Many of the judges I worked with closely over the summer indicated great eagerness in developing ways to make the criminal process more efficient. And much of what I saw during the juvenile session was inspiring. The briefs we compiled were utilized and helped ensure that the children were at least granted the bail that they were entitled to under law. Of the 17 children in the juvenile session, at least half were granted bail. Twelve of the 17 cases were disposed of during a one-month session.

In only a few months in Uganda, I met so many people filled with kindness and passion that I have great hope for the law’s future there. It was a great privilege to serve these people by helping their system serve them.

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Game On!

With guidance from faculty mentors, third-year student Ryan Griffee (MBA ’09) publishes original scholarship on game theory and the battle of the forms.

by Samantha Troup

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S

ome young people would be excited to get the autograph of a celebrity idol, but thirdyear student Ryan Griffee’s voice swells with excitement as he talks about getting Judge Richard Posner’s signature at the most recent American Law and Economics Association (ALEA) conference.

Griffee presented at the conference on the topic of his original, published article, “Explaining Adversarial Boilerplate Language in the Battle of the Forms: Are Consequential Damages in the U.C.C. Gap Fillers a Penalty Default Rule?” Griffee referenced Posner and noted scholar Omri Ben-Shahar in the 59-page paper. At the conclusion of the presentation, Ben-Shahar asked Griffee a question about the topic.

“When this man that I had referenced in my own paper came up to ask me a question after, it was kind of surreal,” Griffee remembers.

The young scholar has spent nearly three years researching the way that game theory and the battle of the forms interact to help explain why merchants behave the way they do given the present legal frameworks according to Uniform Commercial Code Section 2-207. He then presented his findings to a conference of his professors’ peers, making him one of only a limited number of student presenters in the history of ALEA. “Ryan’s a really good technician and very smart. It’s pretty amazing that a student would produce a paper like this—it’s above and beyond what we expect students to do. I was impressed that a student, with all of the other things that they have to do, was producing a publishable piece of scholarship like that,” says Professor Robert Anderson IV, an associate professor of law with an avid interest in game theory, who helped read and edit the paper before its presentation and publication.

Eager to talk about his paper and explain it thoroughly, Griffee is quick

to begin describing not only the inner workings of his article, but also the import of his suggestions for contract law. “The paper kept coming back to haunt me,” he says of his three-year investment. “Writing it was a lot of work, but I wouldn’t have done it if I wasn’t interested in the findings. The hardest part of the paper though was coming up with the model,” he notes, before comparing it to the flux capacitor in the 1985 science fiction movie Back to the Future.

Professor Robert Pushaw, the James Wilson Professor of Law, also helped review the paper and suggested that Griffee submit his manuscript to ALEA. “Ryan has become more intellectually sophisticated; his writing and ability to construct a legal argument have improved,” Pushaw says. “You can’t teach I.Q. points, you can’t teach intellectual curiosity, but what you can do is try to stoke students’

Bradford Tweedy Professor of Law and Organization at Yale Law School.

Of course Griffee’s composure was far from what it appeared. “I didn’t get a wink of sleep the night before,” he recalls, “and all day I watched other presentations with my heart pounding while waiting for mine.”

Thankfully his longstanding passion for economics and social science held him through to his own presentation.

“In my first semester of undergrad at the University of Washington, I took a class called ‘Political Economics’ that showed me that you need both political science and economics to understand how things work, how people work. I like the ability to explain the world that the combination of the two provides. I believe that there is a dislocation in communication between the MBAs and the JDs and I want to help bridge that.”

it’s pretty amazing that a student would produce a paper like this­ —it’s above and beyond what we expect students to do. I was impressed that a student was producing a publishable piece of scholarship like that.

—Professor Robert Anderson IV

imagination and if they have an idea, you can help them develop it. It takes a lot of self-discipline to construct a legal argument, and then write it, and edit it, and rewrite it. It’s a painful process. That’s why so few people write. It takes a lot of time and effort, and it’s frustrating, which makes Ryan unique in this.”

Adeptly presenting his paper during the last symposium of the day, Griffee was complimented by the panel chair after his session. “I wouldn’t have been as composed as you were if I had had to present as a student,” remarked Christine Jolls, the Gordon

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Having completed a summer internship at Diamond McCarthy in New York, Griffee has returned to Pepperdine to prepare for graduation this winter. His paper will appear in the next issue of the Journal of Business, Entrepreneurship, and the Law. “Finally getting it published feels great. I have put a lot of time into this project without knowing whether anything would ever come of it. To have others take note of it is encouraging.” He currently plans to write a short article for a business magazine, and hopes to begin writing about game theory in bankruptcy soon.

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Bridging the Gap Appointed custodian and CEO of the King Center by a Georgia judge, Terry M. Giles restores order and peace to the family of Dr. Martin Luther King, Jr.

by Morgan Thrower

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hey are recognized on the streets of Atlanta, Georgia. They are invited to events across the country. Their father is a legend. Yet, the three surviving children of Dr. Martin Luther King, Jr., and Coretta Scott King have been embroiled in public and heated legal battles for the past several years.

As the conflicts intensified, a superior court judge in Georgia searched for someone to take control of the King empire and to bring peace to a family whose legacy is a cornerstone of American history.

Terry M. Giles (JD ’74) was one of three names brought forward.

When Giles was notified, he didn’t think he would be seriously considered for the position. But in December 2009, Judge Ural D. Glanville appointed Giles custodian of King, Inc., the corporation that holds the copyrights to Dr. King’s intellectual property, and the King Center in Atlanta, Georgia, the non-profit institution established in 1968 by Coretta Scott King.

The judge gave Giles the power to rewrite bylaws and policies; to negotiate contracts, including one for a proposed DreamWorks movie about the life of Dr. King; and to fire management, if needed.

The Fireman The appointment came as a surprise to Giles, who guesses that his career led the judge to choose him for this task. In addition to running highly successful and varied law firms and owning more than 30 businesses, Giles has navigated hundreds of litigation matters, one of his most notable as a member of the Los Angeles team who, in 2007, won $660 million in reparations for victims of Catholic clergy sex abuse with co-counsels and Pepperdine law alumni Ray Boucher

(JD ’84) and Kathy Freberg (JD ’90).

In addition to his success in the courtroom, he built a career as a problem-solver for high-profile clients with legal troubles.

Over the past three decades, Giles’s clients have included William H. Millard, the founder of IMS Associates and the IMSAI 8080 computer; Werner Erhard, first known for his EST Training seminars in the 1970s; the Schuller family and the Crystal Cathedral; actor and comedian Richard Pryor; and many others.

“My wife calls me the fireman,” says Giles.

“The thing that I do best is that I can come up

Giles was presented with Pepperdine School of Law's Distinguished Alumnus Award in 1992.

with ideas that will create a win-win scenario, and I think outside of the box to approach problems that people are having with each other. That’s proven to be very helpful.”

Among the Kings Another factor in his selection could have been his contact with the King children in the 1980s. Richard Pryor, whom Giles was working for at the time, gave a moving tribute at a special celebration in honor of Dr. King’s birthday in Washington, D.C., in 1984.

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Afterward, Coretta Scott King contacted Giles and invited them both to join the entire King family on Easter Sunday in Atlanta.

“Coretta had all sorts of questions about the center and I told her what I thought would work and what wouldn’t,” says Giles of his legal advice during that Easter dinner. “She passed on in 2006, but I think one of the kids remembered me from back then and I think that’s how my name got to the top of the list.”

Giles began the work of reorganizing the center by listening and understanding the issues at hand. “I think the siblings were tired of fighting. They’ve had a pretty tough life, and growing up a King has to be a tough experience and a lot of pressure.”

“The truth is they were a delight to work with,” he says of working with the Kings, a process that will continue at least into the next year.

In September, Giles reported to the judge that he feels confident that peace amongst the siblings will hold and that they are ready to again take the reins—as a reunited family—with minimal outside management.

Giles’ wants to see King, Inc. and the King Center placed in a strategic position for success in the decades ahead. Then the King Center can again focus on what Coretta intended it be—a tribute to nonviolent action for justice, equality, and peace. “Dr. King’s work went above politics; it went above religion; it went above civil rights related to black and white," says Giles. "The truth is that his work was about human rights and human dignity, regardless of where we come from, who we are, or what our spiritual beliefs are.”

“So many people think of him either as a Christian symbol, or an American civil rights symbol, and he was all of these things, but he was so much more. That’s what makes him, I think, so extraordinary.”

The Road Less Traveled Giles is no stranger to family hardships.

Growing up, his family moved frequently because of financial difficulties. By the time he was in 10th grade, he had been enrolled L AW. P E P P E R D I N E . E D U

Dr. King’s work went above politics, it went above religion; it went above civil rights related to black and white. The truth is that his work was about human rights and human dignity, regardless of where we come from, who we are, or what our spiritual beliefs are.

at 21 different schools. Always the new kid, he was an easy target for bullies.

“I honestly believe a lot of my verbal skills were created through all those moves,” says Giles, who credits his mother with helping him develop the power of positive thinking. “If nothing else it was talking my way out of fights.”

Though uprooted frequently, he excelled at school, showing a knack for public speaking and debate. “By the time I was in the sixth grade, I decided that I could do one of two things to set myself apart, I would play professional baseball, which was not very likely, or be a lawyer.”

After graduating from college, Giles enlisted to preempt the draft. “The only way was to join a reserve unit if you could get in one. And I did.” He was practical about applying to law school too. While serving six months on active duty, he learned that Pepperdine had purchased a law school P E P P E R D I N E L AW

in Orange County that was going to be nationally accredited. He had already been accepted to USC law school, but his post and his fiancé were in Orange County.

“It was a no brainer. I was actually on active duty when I applied, and I was enrolled in the first full-time, day class at Pepperdine law school.”

Giles did extremely well for himself at law school, winning Pepperdine law’s first moot court competition, and working during his first year for one of the top criminal defense lawyers in the county, as well as the Orange County Public Defender’s office.

He worked so hard and had cultivated so many contacts outside of the classroom during his first two years, that in his last year, Pepperdine gave him a full scholarship, an office, and employed him as the de-facto career development/externship director.

Five-and-a-half years after graduating Giles had his own practice with 35 22

lawyers, all specializing in criminal law, and he was making more than 600 criminal court appearances a month.

“Pepperdine was always so kind, and so terrific to me, and from the very beginning I was a real fan of Ron Phillips.

And I have to say that one of the great things to come out of my law school experience, maybe the best thing, is my 35-year friendship with Dean Phillips.”

Still active at Pepperdine, Giles serves on the University’s Board of Regents. He frequently returns to the law school to encourage young people think outside the “big firm” box.

“Follow your heart, don’t get locked in too soon. It’s really easy to go out and make $150,000 a year and get trapped. All of a sudden you get a nicer apartment, a nicer car, you start to spend money and get trapped by responsibility. It’s not easy then to follow your dreams.”

Michele Maryott (JD ’97), a partner at Gibson, Dunn & Crutcher, educates clients on the perils of social media and mentors the next generation of attorneys.

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hen Michele Maryott (JD ’97) joined Facebook, she saw a legal minefield. The social network itself isn’t the problem, says Maryott, a partner at Gibson, Dunn & Crutcher LLP in Orange County, California; the problem is how some people use it.

Users can connect with friends and family through Facebook, but they can also reveal too much information. This can cause problems, particularly when an employee posts information that is not appropriate to discuss in the workplace. “People are writing about their private lives without really thinking about who their audience is,” says Maryott, adding that it is not just a matter of an employee losing

a positive reputation, but one of creating uncomfortable situations at work.

“There are also issues with employees saying things that could potentially damage a company’s reputation, and employers need to take care to protect their trade secrets,” she continues. “It is a tricky area because many employees consider their activities on social networks to be a private matter, but companies need to give guidance and act if someone does something inappropriate.”

Maryott’s background specializing in employment, complex business, and class action litigation makes her particularly aware of this problem. Delving into the issue further, she wrote a recent article for the Orange County Business Journal titled, “Employer Perils in the Social Networking Age,” which examines issues of reputational harm, revealing trade secrets, and virtual sexual harassment.

She wrote another article on the same topic for an ABA conference.

Although Maryott has published several articles, 23

including one for the ABA’s Litigation Journal, her true passion is being a trial lawyer. She loves the process: taking the facts of the case, the applicable law, and presenting a story in a persuasive way to the jury. She realized this as a law student at Pepperdine, where she participated in trial teams and moot court.

Early on in her career, a partner asked Maryott to cross-examine the plaintiff’s wife in a jury trial, and she rose to the task with “Tim’s voice in one ear and Harry’s voice in the other,” she says of longtime Pepperdine trial team coaches Tim Perrin and Harry Caldwell. “Having that experience on the trial team was such a benefit,” she reflects.

In addition to trial teams, she was the editor in chief of the Pepperdine Law Review, laying the groundwork for future success. “I treated law school like a job,” says Maryott, who now serves on the school’s Board of Visitors.

After working as a summer associate for Gibson Dunn, she was hired upon law school graduation and has been with them since.

Now a partner at the firm, a wife, and a mother of two, she focuses on giving her clients great service and spending time with her family. In between, she mentors young attorneys at the firm. “In addition to serving clients, I really enjoy mentoring young associates, working with them as they develop their careers and figure out how to integrate their personal lives with their work lives.”

As for law students who want to achieve success, she says, “Be willing to go above and beyond and always remember that we are in a service business. We are here to provide top-notch service to our clients.”

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Evolution of a Scholar Y

As both the Hugh and Hazel Darling Chair in Law and University Professor of history, Edward J. Larson writes and teaches about science, medicine, and law as viewed through an historical lens.

ou grew up in Mansfield, Ohio, attending public schools. At what point did you want to be a professor and scholar?

Mansfield is a working class town. My brother worked in the steel mill, and I worked in the assembly lines in the summer, but my mother’s cousin—who was like an uncle to me—was a professor. He seemed to have a wonderful life. I thought law was a possibility because my father was the county judge. I thought about going to college, about going to law school, and about going on in history, so I did them all.

With eight published books, one of which was awarded the Pulitzer Prize, and more than one hundred published articles, Larson is a curious and prolific scholar on a mission to explore how American law shapes society and how society shapes American law.

How do history and law intertwine?

One thing that history and law have in common is that they are both very fact-oriented, and I always contend with my students that the facts drive the law. Whether writing a book or a law review article, teaching a class or arguing a case in court, you’ve got to tell a story, you’ve got to lay out the facts. The law and the results should follow from those facts. Stories are all about people and

Pepperdine Law sat down with Larson to discuss his work.

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society. We learn about ourselves and we learn about others through stories. We learn about justice, law, and culture through stories.

Is there a story or a key moment when you first became interested in the whole creation/evolution debate?

I was going to write my dissertation on the history of eugenics. I was working on that, which eventually became my second book, and then my major professor died. I had to switch major professors and my new major professor was an expert on the creationist movement.

He knew I had a law degree and studied the interface of law, society, and science. He wanted me to work on the creation/evolution controversy. My first reaction was, “I don’t know why there is a controversy,” because that is not something I had ever lived with.

I wrote my dissertation with him on the creation/evolution legal controversy—the battle in the courts—going all the way back to the 1800s. Later I wrote the Scopes book, which in some ways was an elaboration on one small part of my dissertation. The creation/ evolution controversy has remained with us and is as alive today as it was during the Scopes trial and the issues are much the same.

Why is that?

Because religion matters. This is not an American issue; it’s worldwide, certainly in Africa, South America, Asia, and Australia. If people are presented with the choice between choosing God and religion, or choosing Darwin and science, most of them are going to choose God and religion. Extremists on both sides of this issue will say that there are only two choices: science or religion. This is sad. The choice causes a lot of disquiet, antagonism, and division. I don’t think you’re forced to make that choice. I

think they’re reconcilable and compatible.

Now that you’re an established scholar writing on law, history, and science, how do you choose what you want to write about?

To write anything well, you’ve got to have passion. I care about law, I care about science, and I care about how they impact us. I care about culture. So first you’ve got to care about the topic and then second you should have something to say. If you have something to say, the article or book should write itself. I like to research even more than I like to write. When I get a topic that interests me I want to keep digging and digging until I know everything about it, until I understand it.

The other factor is to try to pick a topic that is significant or makes a difference. That is what I anticipated about working on eugenics because I have followed science closely. I worked on genetics in college and graduate school. I saw the growth of recombinant DNA technology and human gene therapy.

Eugenics was largely forgotten; most people had never heard of eugenics back then, so it was something new I could bring back. I knew it was growing increasingly relevant with the emergence of human gene therapy.

The Scopes trial was like that. I knew the real story was very different from the legend that appears in the play and movie Inherit the Wind.

I believed that the actual trial was more relevant to what was happening in the 1990s and 2000s.

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than creationism. What was coming in 2000 and beyond was Intelligent Design. I knew the real events of the Scopes trial spoke to these new issues. It was a story I felt passionate about. It was an historic legal battle involving a dispute between science and religion in America’s culture. So, I had something to say, and I thought it was significant to say it.

Does your book A Magnificent Catastrophe: The Tumultuous Election of 1800 fall into this category?

Yes, no historian or legal scholar had ever really told the blow-by-blow story of the 1800 election. Conventional wisdom doesn’t give enough emphasis to the election of 1800 in shaping American democracy. The focus tends to be upon the Constitutional Convention and the Revolutionary War. Those were relevant, but I view the 1800 election as the third leg of the stool in designing how our American democracy actually operates.

Beyond this, the story was timely. The level of partisanship in American politics tends to rise and fall over time. 1800 marked one high point in partisanship.

The last few years mark another. So the election of 1800 was a relevant story for today. It’s also a gripping story involving larger-than-life characters: John Adams, Aaron Burr, Alexander Hamilton, Thomas Jefferson, James Madison, and James Monroe. You couldn’t have a greater cast of characters.

Career Highlights  Earned his JD from Harvard University

and an MA and PhD from the University of Wisconsin

 Holds the Hugh and Hazel Darling Chair

in Law and is University Professor of history  Recipient of the 1998 Pulitzer Prize in History for Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion (1997)  Author of eight books, including A Magnificent Catastrophe: The Tumultuous Election of 1800 (2007), Evolution: The Remarkable History of a Scientific Theory (2005, 2006 rev. ed.); Evolution's Workshop: God and Science in the Galapagos Islands (2001); Sex, Race, and Science: Eugenics in the Deep South (1995); Trial and Error: The American Controversy Over Creation and Evolution (1985, 2003 rev. ed.)  His next book, An Empire of Ice: Scott, Shackleton and the Heroic Age of Antarctic Science, is due out in 2011.

What’s your advice for the next generation of scholars?

Pursue your passions and a particular job will follow. Take opportunities to speak and to write as often as you can.

Agree to give talks and write articles on anything that interests you. Try to study under, take classes from, or just meet, people who are experts in that field. There are still endless opportunities for people who work hard and follow their dreams.

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History’s

Evolution Professor Ed Larson describes how art and culture affect history and law in the case of the Broadway play Inherit the Wind and the notorious 1925 Scopes Trial.

Larson’s Pulitzer Prize-winning book Summer for the Gods: The Scopes Trial and America’s Continuing Debate Over Science and Religion illuminated the history of the famous 1925 Scopes trial, in which science teacher John Scopes was tried and convicted for teaching Darwin’s theory of evolution— violating a Tennessee law that forbade teaching any theory that conflicted with a literal reading of the biblical account of creation.

The book reveals how the fictionalized play and movie versions of the trial affected culture and changed how Americans perceived the trial. The original play opened on Broadway on January 10, 1955, and played for nearly three years. Inherit the Wind was revived on Broadway in 2007, starring Christopher Plummer and Brian Dennehy.

The following excerpt of Larson’s book ran in the play’s commemorative program.

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The play was not history, as Lawrence and Lee stressed in their introduction. “Only a handful of phrases have been taken from the actual transcript of the famous Scopes trial. Some of the characters of the play are related to the colorful figures in that battle of giants; but they have a life and language of their own—and therefore, names of their own.”

For their two starring roles, the writers chose sound-alike names: Bryan became Brady and Darrow was Drummond. The role of the Baltimore Sun’s H. L. Mencken was expanded to become the Baltimore Herald’s E. K. Hornbeck. Scopes became Cates. Tom Stewart diminished into a minor role as Tom Davenport. Malone, Hays, Neal, Rappleyea, and the ACLU disappeared from the play altogether, as did the WCFA and all the hometown prosecutors. Dayton (called Hillsboro) gained a mayor and a fire-breathing fundamentalist pastor who subjugated the townspeople until Darrow came to set them free with his cool reason. Scopes acquired a fiancé—“She is twenty-two, pretty but not beautiful,” the stage directions read, and she is the fearsome preacher’s daughter.

“They had to invent romance for the balcony set,” Scopes later joked. It may not have been accurate history, but it was brilliant theater—and it all but placed the actual trial in the nation’s memory. The play wove three fundamental changes into the story line (in addition to countless minor ones), all of which served the writers’ objectives of debunking McCarthyism.

The first change involved Scopes and Dayton. Ralph Waldo Emerson once described a mob as “a society of bodies voluntarily bereaving themselves of reason.” In Inherit the Wind, Cates becomes the innocent victim of mob-enforced antievolution law. The stage directions begin, “It is important to the concept of the play that the town is always visible, looming there, as much on trial as the individual defendant.” In the movie version, the town fathers haul Cates out of his classroom for teaching evolution.

Limited to a few sets, the play begins with the defendant in jail explaining to his fiancé, “You know why I did it. I had the book in my hand, Hunter’s Civic Biology, I opened it

up and read to my sophomore science class Chapter 17, Darwin’s Origin of Species.”

For innocently doing his job, Cates “is threatened with fine and imprisonment,” according to the script. This change provoked trial correspondent Joseph Wood Krutch.

“The little town of Dayton behaved on the whole quite well,” he wrote in a rebuttal. “The atmosphere was so far from being sinister that it suggested a circus day. Yet he complained, “The authors of Inherit the Wind made it chiefly sinister, a witch hunt of the sort we are now all too familiar with.” Scopes never truly faced jail, Krutch reminded readers, and the defense actually instigated the trial. “Thus it was all in all a strange sort of witch trial,” he concluded, “one in which the accused won a scholarship enabling him to attend graduate school and the only victim was the chief witness for the prosecution, poor old Bryan.”

Second, the writers transformed Bryan into a mindless, reactionary creature of the mob.

Brady was “the biggest man in the country— next to the President, maybe,” the audience heard at the outset, who “came here to find himself a stump to shout from. That’s all.” In the play, he assails evolution solely on narrow biblical grounds (never suggesting the broad social concerns that largely motivated Bryan) and denounces all science as “Godless,” rather than the so-called false “science of evolution.”

“Inherit the Wind dramatically illustrates why so many Americans continue to believe in the mythical war between science and religion,” Ronald Numbers later wrote.

“But in doing so it sacrifices the far more complex historically reality”… Drummond remains a self-proclaimed agnostic, but loses his crusading materialism. At the play’s end, it is Hornbeck who delivers Darrow’s famous line that Bryan “died of a busted belly” and ridicules the Commoner’s fool religion. Drummond reacts with anger. “You smartaleck! You have no more right to spit on his religion then you have a right to spit on my religion! Or lack of it!” he replies.

The writers have Drummond issue the liberal McCarthy’s plea for tolerance that everyone has the “right to be wrong!” The cynical reporter than calls the defense lawyer “more religious” than Brady, and storms off the stage. Left alone in the courtroom, Drummond picks up the defendant’s copy of The Origin of Species and the judge’s Bible.

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After “balancing them thoughtfully, as if his hands were scales,” the stage directions state, the attorney “jams them in his briefcase side by side,” and slowly walks off the now-empty stage. “A bit of religious disinfectant is added to the agnostic legend for audiences whose evolutionary stage is not yet very high,” the radical Village Voice sneered in its review.

At the time, most published reviews of the stage and screen versions of Inherit the Wind criticized the writers’ portrayal of the Scopes trial. “History has been not increased but almost fatally diminished,” the New Yorker drama critic complained.

Reviews appearing in publications ranging from Commonweal and the New York Herald Tribune to The New Republic and the Village Voice offered similar critiques.

Both the play and movie proved remarkably durable, however, despite the critics. After opening at New York’s National Theater early in 1955, the stage version played for nearly three years, making it the longest-running drama then on Broadway.

A touring cast took the play to major cities around the country during the late fifties.

The script gained new life as a screenplay in 1960, resulting in a hit movie starring Spencer Tracy, Fredric March, and Gene Kelly.

John Scopes attended its world premiere in Dayton, and thereafter promoted the movie across the country at the studio’s behest.

“Of course, it altered the facts of the real trial,” Scopes commented, but maintained that “the film captured the emotions in the battle of words between Bryan and Darrow.”

Sue Hicks, the only other major participant to attend the premiere, reacted quite differently to the film. He called it “a travesty on William Jennings Bryan,” and nearly purchased television time to denounce it. Since its initial release, the movie has appeared continually on television and video, while the play has become a staple for community and school theatrical groups. By 1967, trial correspondent Joseph Wood Krutch could rightly comment, “Most people who have any notions about the trial get them from the play, Inherit the Wind, or from the movie.”

Excerpted from Edward J. Larson’s Summer for the Gods: The Scopes Trial and America’s Continuing Debate Over Science and Religion (Basic Books 1997).

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Second-year student Brittney Lane successfully juggles water polo and law school.

As early as second grade, Brittney Lane drew up plans to attend Harvard or Stanford, a dream supported by her parents even though neither had been to college at that time. With hard work she was able to attain that dream— she not only attended Harvard, she became one of only a handful of people to ever graduate from that university with a 4.0 GPA. Following college, she moved back home to Fresno, California, where she contemplated her next move. “When I graduated from college, I did not know what I wanted to do for the rest of my life,” she explains. “I knew I did not want to be an investment banker like most of my friends, but beyond that I was completely lost. I had worked at Blockbuster for the previous four summers and it was a job I loved, so I decided to return to my job at Blockbuster while I tried to figure out what I wanted to do.”

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Every lawyer and law student I knew prior to law school told me that my first year of law school would be one of the hardest and most miserable years of my life. I found quite the opposite.

While working at the video store, she was discovered by a local news station that profiled her as one of the few Harvard 4.0s. In the segment, she announced her plans for law school and revealed her number one choice: Pepperdine.

“I had been hesitant to pursue the law for fear of the moral implications, but I felt comfortable that a legal education on a Christian campus would be morally and ethically sound,” says Lane.

“Most importantly, I was impressed with the people who lived and worked on campus. The students were clearly happy, unlike the students at other law schools I had visited. The professors and administrators were all kind and genuinely interested in me. I felt like

if I came here, the professors would actually care about my goals and my life inside and outside of law school.”

On top of the stress of the first year of law school, Lane joined Pepperdine’s club water polo team, a sport she had played in high school and college.

Although the practicing and traveling for weekend tournaments was a major time investment, she found that the sport helped her relax and manage her time more efficiently.

“Every lawyer and law student I knew prior to law school told me that my first year of law school would be one of the hardest and most miserable years of my life,” says Lane. “I found quite the opposite. It was one of the

best years of my life. My roommates and I would often comment on how different the atmosphere at the school was from other law campuses. We had a good time instead of spending every ounce of energy competing with each other.”

After completing an externship this summer with Judge Arthur Lawrence Alarcon, a senior judge on the Ninth Court Circuit of Appeals, Lane returned to Pepperdine with high hopes for the fall semester. She looks forward to participating in moot court and trial teams in order to hone her skills for future litigation work, a career she considers to be a culmination of her studies: psychology (her undergraduate major) and law.

Brittney (far right) played on Pepperdine's club water polo team during her first year.

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Student Tracey Brown brings behind-the-scenes assistance to the Dalit of India.

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by Samantha Troup

F

or thousands of years India’s “untouchables,” known as the Dalit today, have faced unthinkable hardships, unable to interact with members of higher castes, freely enter villages and towns, or fully participate in Hindu social life.

The devadasis, who come from the Dalit class, face particularly harsh circumstances that often limit them to a lifetime of prostitution, abuse, and social exclusion.

Second-year law student Tracey Brown spent her summer as an anti-human trafficking research intern for the Dalit Freedom Network (DFN), dedicated to helping women trapped by this system. Her work focused primarily on the Indian cities of Hyderabad and Belgaum, where the nonprofit DFN is working to set up antihuman trafficking units to offer shelter and care for devadasis who want a way out. Staff members teach the women a trade and offer medical care, counseling, and assistance in creating a new life.

Brown was also tasked with interviewing the devadasis, researching the government’s response to the ongoing practices, and finally suggesting strategies to address the underlying issues more effectively.

“Much like other forms of human trafficking, the practice of dedicating devadasis has continued by becoming more covert,” Brown explains of the ongoing problem. “While at one time devadasis were dedicated publicly at festivals, the dedications have become more secretive today.”

“Dedications” are a remnant of ancient traditions. Before the demise of the great Hindu kingdoms, the practice of marrying a devadasi girl to a deity or temple was widely practiced and respected. The girls cared for the temple, performed rituals, and practiced classical Indian artistic traditions, in addition to providing temple prostitution for upper-

caste community members. Following the collapse of the Hindu kingdoms, however, the devadasis lost their high status and became regarded as prostitutes before the system was officially outlawed in 1988.

Conducted under the cover of darkness, today’s dedication ceremonies, which still involve ancient ceremonies and the blessings of a temple priest, commit young girls to lives of exploitation, prostitution, abuse, and trafficking. Under modern devadasis practices, pubescent girls are sent to work in a brothel or kept at home.

They are offered to as many men as are interested and rarely are made exclusively available to a single patron. Although a woman may eventually stop practicing as a devadasi, she is forever considered one. Her children are openly mocked and criticized for her status, and many are ridiculed for not knowing their fathers.

Exposed to so many tragic stories, Brown particularly remembers one woman she interviewed who had been dedicated as a child, then spent her life working as a prostitute before contracting HIV. “We asked what were her hopes and dreams for her future. She said that even though she was only 40, her life had been ruined and that since she was going to die, she had no hopes or dreams for her future. It was devastating to me. I can’t imagine going through life with no hope, but apart from God, this

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woman’s situation was quite hopeless. What is especially terrible is that this woman had no say in her dedication; she was a little girl when her fate was determined. It breaks my heart to know that helpless and innocent little girls are having their fates sealed by their own parents through this evil practice.”

Brown’s connection to the Dalit has only strengthened since her first, life-changing visit to India. “My first trip is what made me want to come to law school. I had just graduated with my bachelor’s degree in journalism and had a desire to raise awareness about human rights issues through that field. But when I went to India and worked with my husband to make videos raising awareness about these people’s plight, I realized that I would never be satisfied by telling their stories and then moving on. I wanted to do something to really help them.

I came to law school in hopes of acquiring the skills necessary to fight this type of oppression at a deeper level,” she explains.

That passion led her to DFN, and fuels her dedication today.

Years after that initial visit, Brown remains stunned that the Dalit continue to face such widespread discrimination. “My eyes were opened to an amazing group of people and to the oppression and hardships that are a daily reality for them. I met some of the hardest workers I’ve ever seen, yet they could not get ahead because of the discrimination they faced. After working in the villages and spending time with the people, I became forever connected to them. There was no way I could go back to the U.S. and forget them.”

Together with her husband, Brown founded the nonprofit A Child’s Chance, which sponsors teachers for Dalit children in six villages and helps break the cycle of poor education that has long perpetuated the plight of the Dalit.

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f a c u lt y p u b l i c at i o n S Babette E. Boliek Wireless Net Neutrality Regulation and the Problem with Pricing: An Empirical, Cautionary Tale, 16 Mich.

Telecomm. & Tech. L. Rev. 1 (2010).

Harry M. Caldwell Unpredictable Doom and Lethal Injustice: An Argument for Greater Transparency in Death Penalty Decisions (with Carol A. Chase and Christine Goodman), Temple L. Rev. (forthcoming 2010).

Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment (with Jennifer Allison) 46 Idaho L. Rev. 647 (2010).

The Art and Science of Trial Advocacy (with L. Timothy Perrin & Carol A. Chase) (LexisNexis, 2d ed., forthcoming 2011).

Donald Earl Childress III Comity as Conflict: Resituating International Comity as Conflict of Laws, 44 U.C. Davis L. Rev. 1 (2010).

When Erie Goes International, 105 Nw. U. L. Rev. (forthcoming).

The Role of Ethics in International Law (Donald Earl Childress III ed., Cambridge Univ.

Press 2010).

and Speaking Engagements 2010

Speaker, “The Conflict of Norms in Private International Law: United States and Canadian Perspectives,” Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida (Aug. 2010).

Speaker, “The Task of Private International Legal Theory,” XVIII International Congress of Comparative Law, Washington, D.C. (July 2010).

Herbert E. Cihak Son of Sam; Son of Sam Laws, in The Encyclopedia of American and Criminal Law Justice (with Jessica Drewitz) (Facts on File, Inc. forthcoming).

Robert F. Cochran, Jr. Louis D. Brandeis, The MIT Lectures on Law (Robert F. Cochran, Jr., ed., Carolina Academic Press forthcoming 2011).

Speaker, “Jesus and the Law,” Religious Legal Theory Conference, St. John’s University School of Law, New York, New York (Nov. 2010).

Speaker, “Louis D. Brandeis: Humble, Pragmatic, Prudent Prophet,” Religiously Affiliated Law Schools Conference, Brigham Young University, Provo, Utah (Mar. 2010).

Speaker, “Jesus and the Law,” Christian Legal Theory, Law Professors’ Fellowship/Lumen Christi Institute Conference, San Francisco, California (Jan. 2010).

Jack J. Coe, Jr. AFTA Chapter 11 N Reports, Volume II (with Charles H. Brower and William S. Dodge) (Kluwer Law International forthcoming).

Richard L. Cupp I n Praise of Moral Judgment: The Restatement (Third) of Torts and Flagrant “Bad Guy” Trespassers, 1 Wake Forest L. Rev. Online (forthcoming).

International Tobacco Litigation’s Evolution as a United States Torts Law Export: To Canada and Beyond?, 38 Pepp. L. Rev. (forthcoming).

Seeking Redemption for Torts Law: Review of Timothy Lytton’s Holding Bishops Accountable, 25 J. L. & Religion (forthcoming).

Tort Reform or Tort Restriction: Rhetoric as Scorekeeper, in Materials on Tort Reform (Andrew Popper ed., Thomson/West 2010).

Presenter, “The Evolving Legal Status of Research Animals,” Neuroscience 2010, San Diego, California (Nov. 2010).

Presenter, “Animal Rights Versus Contractualist Animal Welfare,” American Agricultural Law Association annual symposium, Omaha, Nebraska (Oct. 2010).

Presenter, “Tobacco Litigation as Export,” Pepperdine Law Review symposium, Malibu, California (Apr. 2010).

Presenter, “Internationalizing United States Torts Law: Paths and Consequences,” Saint Louis University School of Law, St. Louis, Missouri (forthcoming Mar. 2011).

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Selina K. Farrell

Naomi Harlin Goodno

Kristine S. Knaplund

Tax Management, Information Reporting (with Paula Porpilia) (BNA forthcoming 2010).

Protecting “Any Child”: The Use of the Confidential-MaritalCommunications Privilege in Child-Molestation Cases, Kansas L. Rev. (forthcoming Fall 2010).

Charity for the Death Tax?: The Impact of Legislation on Charitable Bequests, 45 Gonzaga L. Rev. 713 (2010).

Understanding Legal Citation: The Bluebook Made Easy (with Nancy McGinnis) (West forthcoming 2010).

Copresenter, “From Tedium to Terrific: Practical, Effective, and Entertaining Ways to Teach Legal Citation,” Legal Writing Institute Conference, Marco Island, Florida (July 2010).

Christine Chambers Goodman ( M)Ad Men: Using Persuasion Factors in Media Advertisements to Prevent a “Tyranny of the Majority” on Ballot Propositions, 32 Hastings Comm. & Ent. L.J. 247 (2010).

A Modest Proposal in Deference to Diversity, 23 Nat’l Black L.J. 1 (2010).

California Evidence Law (Aspen forthcoming 2011).

Speaker, “The Civil Rights Movement: Elusive Equality,” Black History Month Lecture, Payson Library, Pepperdine University, Malibu, California (Feb. 2010).

California Three Strikes Law, in Opposing Viewpoints: Mandatory Sentencing (Gale, 2010).

Montana Becomes Third U.S. State to Allow Physician Aid in Dying, ABA Section on Real Property, Trusts and Estates, eReport (February 2010).

Panelist, Cyberstalking in High Schools, The Chidren’s Rights Legal Journal of Loyola University, Chicago, Illinois (Oct. 2010).

The New Uniform Probate Code’s Surprising Gender Inequities, Duke J. Gender L. & Pol’y (forthcoming Spring 2011).

Michael A. Helfand Speaker, “Fighting for the Debtor’s Soul: Church Autonomy and Religious Arbitration,” Conference on Religious Legal Theory, St. John’s University School of Law, New York, New York (Nov. 2010).

Speaker, “Rabbinical Arbitration in the 21st Century: Contemporary Issues and Challenges,” American Association of Law Schools Annual Meeting, Jewish Law Section, (forthcoming Jan. 2011).

Speaker, “Postmortem Conception and Its Effects on Estate Planning,” 55th Annual Estate Planning Seminar, Washington State Bar Association (Nov. 2010).

Panel chair and speaker, “New Developments in Assisted Reproductive Technologies and Their Effects on Estate Planning,” ABA Section on Real Property, Probate, and Trust Law 2010 Spring Symposia (May 2010).

Speaker, “The New Uniform Probate Code’s Surprising Gender Inequities,” Duke University symposium (forthcoming Feb. 2011).

Janet E. Kerr The Financial Meltdown of 2008 and the Government’s Intervention: Much Needed Relief or Major Erosion of American Corporate Law? The Continuing Story of Bank of America, Citigroup, and General Motors, 85.1 St. John’s L. Rev. (forthcoming Spring 2011).

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f a c u lt y p u b l i c at i o n S

and Speaking Engagements 2010

Edward J. Larson

Barry P. McDonald

An American Tragedy: Retelling the Leopold-Loeb Story in Popular Culture, 50 Am. J. Legal Hist. 119 (2010).

The Emerging Oversimplifications of the Government Speech Doctrine: Government Speech as a CureAll for Viewpoint Discrimination of All Stripes, BYU L. Rev. (forthcoming 2010).

The Natural History of Hell: The Galapagos Before Darwin, Proceedings of the California Academy of Sciences, Vol. 61, at 37 (2010).

Biology and the Emergence of the Eugenics Movement, in Biology and Ideology from Descartes to Dawkins 165-191 (D. Alexander and R. Numbers eds., Chicago University Press 2010).

Panelist, “Holder v. Humanitarian Law Project: Counseling Terrorists,” Organization of Friends (May 2010).

Panelist, “Citizens United and Corporate Free Speech,” Gold Coast Federalist Society (Mar. 2010).

Lecturer, “Eugenics Laws and Lawmaking,” Commonwealth Darwin Symposium, Charles Darwin University, Darwin, Australia (Sept.

2010).

Panelist, “The Emerging Complexities of Government Speech,” BYU Law Review Symposium (Mar. 2010).

Lecturer, “Writing the Story of Antarctic Science,” M-On-The-Bund, Shanghai, China (June 2010).

Speaker, “A Conversation with Donald Ayers on Politics and the Supreme Court,” Pepperdine School of Law, Malibu, California (Jan. 2010).

Lecturer, “Leadership in the South African Liberation Movement,” Cape Town, South Africa (May, 24, 2010).

Speaker, “Litigating Science,” symposium in honor of Michael Ruse, Florida State University, Tallahassee, Florida (Apr. 2010).

Lecturer, “The Scopes Trial in American History,” University of Memphis, Memphis, Tennessee (Mar. 2010).

Lecturer, “Eugenics and Human Gene Therapy,” Endowed History of Science Lecture, Washington University (Feb. 2010).

Lecturer, “Fisher, Haldane, Wright, and the Origins of Population Genetics,” University of Colorado (Jan. 2010).

Anthony Miller Family Law: Cases, Materials, and Problems (with Peter M. Swisher and Helene Shapo) (LexisNexis 3d ed. forthcoming Spring 2011).

Grant S. Nelson Confronting the Mortgage Meltdown: A Brief for the Federalization of State Mortgage Foreclosure Law, 37 Pepp. L. Rev. 583 (2010).

Equitable Remedies, Restitution, and Damages (with Kovacic-Fleischer and Love) (West 8th ed. 2010).

Presenter, “Restoring Recourse—The Problem of the Homeowner-Mortgagor Who Is a Strategic Defaulter,” Pepperdine School of Law Faculty Symposium (Apr. 2010).

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Speaker, “Mortgage Foreclosure Crisis: Does State Pro-Debtor Foreclosure Law Worsen the Bill for Federal Taxpayers?,” University of Pennsylvania School of Law, Student Federalist Society Chapter (Feb. 2010).

Gregory L. Ogden California Public Administrative Law, in 41 (Chapters 470 to 472B) and 41A (Chapters 473 to 474C) California Forms of Pleading and Practice Annotated (LexisNexis, quarterly updates, including December 2006, April 2007, September 2007, August 2009, January 2010).

Speaker, “Model State APA,” Fall 2010 ABA Administrative Law and Regulatory Practice section meeting (Nov. 2010).

Speaker, “Model State APA,” Fall 2010 Symposium at Widener Law School (Nov. 2010).

Conference cohost and participant, “Annual National Association of Administrative Law Judiciary Conference,” Pepperdine University School of Law, Malibu, California (Oct. 2010).

Speaker, “Revised Model State Administrative Procedure Act,” 2010 National Association of Secretaries of State (NASS) conference, Providence, Rhode Island (July 2010).

Reporter, “2010 Annual Meeting of NCCUSL,” Chicago, Illinois (July 2010).

Reporter, “Revised Model State Administrative Procedure Act project,” National Conference of Commissioners on Uniform State Laws (NCCUSL), 2006-2010 (2010).

Robert J. Pushaw Limiting Standing to “Accidental” Plaintiffs, 45 Georgia L. Rev. (2010).

The “Enemy Combatant” Decisions, in National Security, Civil Liberties, and the War on Terror (Katherine Darmer & Richard Fybel eds., 2011).

Speaker, “Perspectives on the Kagan Nomination,” the Federalist Society, the Women Lawyers Association of Los Angeles, and Gibson, Dunn & Crutcher (cosponsored by the American Constitution Society), Los Angeles, California (July 2010).

Speaker, “Standing in Environmental Law,” Arizona State University Law School (Feb. 2010).

Shelley Ross Saxer The Fluid Nature of Property Rights in Water, 20 Duke Envtl. L. & Pol’y F. (forthcoming).

Panelist, “Teaching Techniques Workshop: Innovative Teaching Techniques Used in FirstYear Courses,” Southeastern Association of Law Schools (SEALS) 63rd Annual Meeting (Aug. 2010).

Mark S. Scarberry A Critique of Congressional Proposals to Permit Modification of Home Mortgages in Chapter 13 Bankruptcy, 37 Pepp. L. Rev. 635 (2010).

Mortgage Wars Episode V—The Empiricist Strikes Back (or Out): A Reply to Professor Levitin’s Response, 37 Pepp. L. Rev. 1277 (2010).

Presenter, “National Association of Attorneys General Seminar on Bankruptcy from a Government Perspective,” Santa Fe, New Mexico (Sept. 2010).

Thomas J. Stipanowich Arbitration: The “New Litigation,” 2010 U. Ill. L. Rev. 1 (2010).

Arbitration Awards, Finality, and Second Looks (Fordham, Fall 2010).

Resolving Disputes: Theory and Practice for Lawyers (Jay Folberg ed., 2d ed. Aspen 2010).

Protocols for Expeditious, CostEffective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators, and Arbitration Provider Institutions (Curtis E. von Kann and Deborah Rothman eds., College of Commercial Arbitrators 2010).

Speaker, “An Introduction to Law and Economics,” University of Hannover, Hannover, Germany, and University of Münster, Münster, Germany (Summer 2010).

Speaker, “The Inheritance Rights of Adopted Adults: Is an Adopted Adult More Like a Spouse or More Like a Child?,” Third Annual Creighton Law Review Symposium, Creighton University School of Law (Apr. 2010).

Instructor, “Deconstructing Legal Analysis,” academic success workshops for students of color, conducted at more than 20 law schools, such as Stanford, Northwestern, Harvard, McGeorge, and Notre Dame (Spring to Fall 2010).

Maureen Arellano Weston The Other Avenues of Hall Street and Prospects for Judicial Review of Arbitral Awards, 14 Lewis & Clark L. Rev. 929 (2010).

Speaker, Fifth Annual Arbitrator Training Institute, ABA Section on Dispute Resolution, Washington, D.C. (Feb. 2010).

Anatomy of the First Public International Sports Arbitration and the Future of Public Arbitration after USADA v. Floyd Landis, 2009–10 Y.B. of Arbitration and Mediation (Vandeplas, 2010).

Facilitator, National Consumer Dispute Resolution Study Group, ABA Section on Dispute Resolution, Washington, D.C. (Jan. 2010).

Arbitration: Cases and Materials (with Stephen K. Huber) (Lexis 3d ed. 2010).

Peter T. Wendel The Succession Rights of Adopted Adults: Trying to Fit a Square Peg into a Round Hole, 43 Creighton L. Rev. 815 (Spring 2010).

Sports Law: Cases & Materials (coauthors Raymond Yasser, James McCurdy, Peter Goplerud) (Lexis 7th ed. 2010).

Speaker, “Ordered to Mediate, or to Settle?”

ABA, Section on Dispute Resolution, San Francisco, California (Apr. 2010).

Speaker, “The Importance of Diversity in the Classroom,” 2010 LSAC Newcomers Workshop, Philadelphia, Pennsylvania (Fall 2010).

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Mletmyonrei a f Ianc u wms

Remembering Tony “Skippy” McDermott Professor Tony McDermott, who taught at Pepperdine University School of Law since 1982, passed away on June 1, 2010, at the Little Company of Mary Hospital in Torrance, California. He was surrounded by family and loved ones.

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much-beloved professor, McDermott, known to generations of students as “Skippy,” taught broadly across the curriculum, including in the areas of contracts, business planning, civil procedure, tax, corporations, and sports law.

He earned the University’s highest honor for teaching in 1995 when Pepperdine recognized him as a Harriet and Charles Luckman Distinguished Teaching Fellow.

Throughout his 28 years at Pepperdine, Professor McDermott’s mentorship of students extended beyond the classroom.

He relished the opportunity to spend time with students and often hosted students in his home. He also served as the director of Pepperdine’s overseas program from 1997 to 2000 and taught in the law school’s London Program on multiple occasions.

Born in 1939, Professor McDermott earned a BA and LLB from the University of California, Los Angeles. His first position

in legal education was as the assistant dean of the UCLA School of Law, where one of his primary responsibilities was to establish the UCLA Legal Education Opportunity Program, the first of its kind in the nation.

Prior to teaching at Pepperdine, he taught at the University of Denver, Loyola, Oregon, and Santa Clara law schools.

He served on the board of trustees of the Law School Admissions Council, and as a consultant to the Council on Legal Education Opportunity and the Committee to Study the Bar Examination Process for the State Bar of California. He previously worked as a federal public defender, a California probate referee, and the business manager of a thoroughbred breeding and training farm.

Professor McDermott is survived by his son, Tim McDermott, a 2007 graduate of Pepperdine School of Law.

A student scholarship fund has been established in honor of Professor McDermott.

To make a gift in honor of Professor McDermott's legacy of service, please contact Brad Benham at 310.506.4480 or bradley.benham@pepperdine.edu.

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I

remember giving Skip a tour of the school, before he was hired. He wasn’t Skip to us, he wasn’t even Tony. On paper he was Anthony X. McDermott. Wayne Estes and I took him on the tour, and both Wayne and I took to Skip right away.

He came with, as I recall, a very strong recommendation from Ken York. He seemed like a warm, thoughtful person.

The only interesting thing I remember was that later talking to Wayne in his office and Wayne said, “I like this guy, what do you think the 'X' stands for?”

I remember that Skip came to California because his dad, who was a lawyer, was in charge of the construction of Park La Brea Towers, and that Skip’s house growing up had all the same fixtures as the apartments in the towers. I mention this so that every time you drive down Wilshire Blvd. you will, just as I do, think of Skip.

I remember talking to Skip about my childhood. I mention this for two reasons, to let you all know that when you get older, you have fewer and fewer people to talk about your childhood with, unless of course you have Skip around or unless you are Skip. The amazing thing for me was how much Skip knew about my childhood.

When he found out where I graduated from high school, he asked me about the basketball coach and the football coach who he knew because both had been athletes at UCLA; he knew the person that was the president of the student body at my high school when I was a senior; and then he mentioned three kids who were on my Little League team.

Finally I remember my last conversation with Skip just before he got sick. I asked him if he remembered when it was cool for a teenager to work in a men’s store.

He recounted how he had worked at Desmond’s as a stock clerk with two other teenagers. The point of this story is of course that he then mentioned that he had remained friends with these two and recently seen both of them. That’s Skip; a friend till the end. ­—Professor Tony Miller

I

t is hard to know where to begin in remembering Skip, who I called “Tony” for the first 25 years I knew him, and occasionally slipped up in the most recent 10 years as well. I first knew him as a young assistant dean at UCLA, where I met him when I was a first year law student. UCLA football brought us closer, as he and I regularly saw each other at UCLA tailgate lunches, which preceded the football games.

After I graduated from UCLA Law School, my contact with Tony was infrequent, although we remained in touch. Then, in 1989, I contacted him for advice about a teaching position that I knew was open at Pepperdine. Tony was encouraging, and several months later it was reassuring to know that I had a friend on the faculty that I was joining.

Skip remained my trusted friend and confidante on the faculty, and as I sat in my office down the hall and around the corner from his, I looked forward to hearing his distinctive gait—or maybe a few lines from a Buddy Holly song in his beautiful tenor voice—that would let me know that we would share a few minutes of conversation.

Skip cared deeply for people—his students, friends, family and especially his son, Tim. May God bless you, my dear friend.

—Professor Carol Chase

P

rofessor McDermott was a true servant leader. He exemplified the values of dedication, integrity and, above all, concern for his fellow man. He inspired me to give greater thought and deliberation to all my work as an attorney, to diligently apply the law with a sense of kindness and conscience.

—Alumna Keri Sepulveda (JD ’97)

S

kip was a man of integrity and fairness.

He cared deeply about his students, his colleagues, and the reputation of the institution. His open door, sonorous voice, and ever-present Irish wit will be my memory of him.

H

e was an excellent classroom teacher, a caring mentor for generations of students, and a loving and devoted father.

Tony cultivated countless friendships, and was blessed with the gift of a precise and accurate memory: with seeming ease, he could remember names, dates, times, jobs, births, and deaths. I pray God’s blessings on all of those who loved Tony.

—Dean Tom Bost

S

kippy was one of those special individuals who lit up a room just by walking into it. It’s hard to imagine that he’s gone because my memories of his broad smile, sharp wit, and dedicated teaching are so full of life. I feel blessed to have had him as a teacher and mentor, and am forever grateful for his guidance and friendship during my time in law school. What a loss for the Pepperdine community. You will be sorely missed Skippy!

—Alumna Julie Connelly (JD ’09)

I

recall my first ever conversation with him the greater part of three decades ago, which occurred in my office at the law school when he came to visit about a potential faculty position. At that time, practically our entire faculty had been homegrown, without law teaching experience elsewhere. In addition to all of the other attractive things about Tony was the varied experience he would bring to us in that regard. Of course, Tony became a student favorite and a wonderful colleague and friend to us all. It is difficult to believe that his distinctive voice will no longer be heard in the hallways, classrooms, and offices of the Odell McConnell Law Center.

He has left his mark on thousands of law students, and for that and for many other reasons, we are truly grateful to him.

—Dean Emeritus Ronald F. Phillips

—Professor Doug Kmiec 37

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Christopher Carlyle

Shannon Carlyle

1978 Eileen Moore received the Gold Book of the Year Award from ForeWord and the Bronze Book of the Year Award from Independent Publisher (IPPY) for Race Results (Cool Titles, 2009).

1979 Steve Ostrow published How to Sue a

Telemarketer: A Guide to Creating Peace on Earth One Telephone Call at a Time (Amigo Press, 2010), a tongue-in-cheek guide on how to sue a telemarketer. His humorous guide to turning the tables on telemarketers informs readers of their rights and guides them through the process of recreating peace in their homes.

1980 Jeffrey Weston Shields married Mary Elizabeth Ross on October 11, 2008.

He is a senior partner at Jones Waldo Holbook & McDonough in Salt Lake City, Utah. He is also listed in Chambers USA List of Leading Lawyers for Business in General Commercial Litigation, has been listed for several years in Mountain States Super Lawyer and Super Lawyers National Corporate Counsel in Bankruptcy/ Creditors Rights, and is in his eighth year of being listed in Best Lawyers in America in Bankruptcy/Creditor Rights.

1981 Alan J. Cohen, a partner in the firm of McAllister, Hyberg, White, Cohen & Mann, P.C., located in Northfield, New Jersey, was installed as the president of the Atlantic County Bar Association in June.

His practice involves litigation in all courts and representing clients in all aspects of civil litigation, personal injury cases, insurance law, commercial, construction, employment law, and education law.

Mitch Jensen of Siegfried & Jensen, together with Utah’s attorney general, successfully reached a $24 million settlement for the state of Utah against pharmaceutical company Eli Lilly for the deliberate and deceptive marketing of "off label" prescriptions like Zyprexa, which has been linked to diabetes and weight gain. Jensen co-founded the 16-attorney firm Siegfried & Jensen in Salt Lake City, Utah, where he specializes in personal injury auto litigation, product liability, and pharmaceutical injuries.

1985 Lisa Monet Wayne was sworn in as the president-elect of the National Association of Criminal Defense Lawyers (NACDL) at the organizations 52nd annual meeting in Toronto, Ontario, Canada, on August 14.

1989 David P. Mathews has joined Altegris Investments in California as general counsel and the chief compliance officer.

He has over 20 years of legal, regulatory, and business experience in the financial services industry.

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Rich Cho

Bart Johnsen

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Lt. Col. Vicki Weekes nee Kuyper retired in September from the United States Air Force after 20 years of dedicated service.

A special flag was flown over Pepperdine University in the Heroes Garden on August 23 to commemorate the occasion and was presented to her on her retirement.

1991 John McCool Bowers was honored as Artist of the Year by the Simi Valley Cultural Arts Center Foundation’s Spotlight Awards. Recently he played King Pellinore in Camelot.

Geoffrey Jones has joined Tennenbaum Capital as a principal. He was previously a principal with KKR, where he focused on managing credit investments.

1992 Craig Fontaine Ashton, partner and owner of Ashton & Price, LLP, has been named Cambridge Who's Who Professional of the Year in Legal Services. A 17-year veteran of the legal profession, Ashton specializes in plaintiff personal injury litigation. He has devoted most of his career to Ashton & Price, where he is in charge of managing operations, handling personal injury cases, performing plaintiff litigation, and maintaining new client contracts. Prior to forming the firm, he served in the United States Department of the Interior, focusing on the practice of environmental law.

1993 Shannon McLin Carlyle and Christopher V. Carlyle, founding

partners of the Carlyle Appellate Law Firm, established in 1997 in Florida, have been named to Florida Trend Magazine’s 2010 Legal Elite, which comprises the top 1.8 percent of lawyers practicing in Florida, as chosen by their peers.

1994 Bart J. Johnsen is now a shareholder in the litigation department of Parsons Behle & Latimer in Salt Lake City, Utah. His practice focuses on family law, including divorce, custody, paternity, and adoption matters.

1995 Clay Stevens, director of strategic planning at Aspiriant, provides estate planning, income tax, and philanthropy consulting services for high-net-worth families. He recently published articles in The Tax Magazine and the Practical Tax Strategies journal.

1996 Tessa Bult, partner at Constangy, Brooks,

and Smith, LLP, in Nashville, Tennessee, was ranked as Up and Coming for Tennessee in recognition of her emerging leader status in the area of labor and employment.

Francesca M. Brooks is now general counsel for Aston Marketing Group, Inc. in Torrance, California. The group is a full-service marketing firm that centers its operations on people-centric businesses, including Timeshare Relief, Inc., which was named in 2009 in the Inc 500 as one of the Fastest Growing Private Companies.

Richard Cho was named the general manager for the Portland Trail Blazers.

He previously served as assistant general manager of the Oklahoma City Thunder.

Robin Sax Katzenstein published Predators and Child Molesters: What Every Parent Needs to Know to Keep Kids Safe (Prometheus Books, 2009), It Happens Every Day: Inside the World of a Sex Crimes DA (Prometheus Books, 2009), and The Complete Idiot’s Guide to Criminal Law (Alpha, 2009).

John F. Morris was selected as Arkansas’ new deputy commissioner/general counsel for the Arkansas Insurance Department in April, where he will oversee the department’s legal division. He previously worked for the Tennessee Department of Commerce and Insurance where he was responsible for implementing policy decisions made by the commissioner on all issues relating to insurance and securities.

He had also served as a liaison between the department and the legislature.

Ryan Wright was elected to the Ventura County Superior Court on June 8, 2010.

He previously served as a deputy district attorney in the Ventura County District Attorney’s Office. He will begin his term in January of 2011.

C. Todd Bottke was sworn in as a judge of the Tehama County Superior Court in California in September 2010. He won election to the open seat to which he had been earlier appointed by Governor Arnold Schwarzenegger in August. A partner at McGlynn, McGlynn & Bottke since 2004, he worked previously as a deputy district attorney in the Tehama County District Attorney’s Office.

Angeles Lawyers Philharmonic on July 15.

The orchestra comprises lawyers, judges, law students, and legal staff who play on a professional level for bar associations, civic, and charitable events.

2001 Michael Mandel is now a partner of the Labor and Employment Group at the McGuire Woods LLP Los Angeles office.

As partner he will counsel clients on all aspects of labor and employment litigation.

2002 Cynthia Chihak was named one of the top 50 lawyers in San Diego, California,

by San Diego Metropolitan Magazine. Her practice focuses on medical malpractice, personal injury, and products liability. She has received the Outstanding Trial Lawyer award five times.

Candice E. Jackson published the book Their Lives: The Women Targeted by the Clinton Machine (World Ahead Publishing, 2005, 1st ed.).

John Servidio ( JD/MBA ’02) and Krista Lederer ( JD ’06) were married

at Pepperdine’s Stauffer Chapel on August 14, 2010.

2003 Markus Kypreos recently cofounded the firm Kypreos & Papaliodis in Fort Worth, Texas.

1999 1997

Ryan Gold (MBA ’97, JD ’99) and Linda Echegaray ( JD ’10) debuted in the Los

Andy Dunbar arranged his firm's second annual Food from the Bar event in Downtown Los Angeles. The event, which raises money, food donations, and volunteer hours for the Los Angeles Regional Food Bank, was a competition between 60 participating firms and organizations to help alleviate hunger in the Los Angeles area.

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Ronald D. Roach is now an associate at the Arizona firm DLA Piper in Phoenix, Arizona.

2006 Jeff Cook has joined the United States Attorney’s Office for the District of Columbia.

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Zeke Fortenberry

2007 Zeke Fortenberry received the President’s Award of Merit from the Texas Young Lawyers Association for his work with the National Trial Competition committee.

Rebecca L. Shult has rejoined the litigation group of Fish & Richardson in Minneapolis, Minnesota, after serving as a law clerk to the Honorable Judge Donovan W. Frank in the U.S. District Court of Minnesota. Previously, she was an associate at Fish for three years. She will continue to focus her practice on patent litigation in the areas of medical devices and biotechnology/pharmaceuticals.

2008 Michael A. Patterson (LLM ’08) was sworn in as president of the Louisiana State Bar Association on June 11 in Sandestin, Florida.

2009 Amy Dilbeck founded the firm Amy

Dilbeck, Attorney at Law in Ventura, California.

Zachary Herbert and Jennifer Herbert welcomed their son Daxton

Ross Madden

Rebecca Shult

Ross Madden (LLM ’09) published The Three Poisons: A Buddhist Guide To Resolving Conflict. The guide outlines how conflict is viewed from the perspective of Buddhist psychology, how the Buddha himself resolved the conflicts in his life, and provides the reader with tools and techniques to convert the poisons of anger, greed, and delusion as they show up in various conflict situations into lovingkindness, compassion, and tranquility.

2010 Jesse Clark accepted an associate position at Watson, Farley & Williams, a British firm based in London. He will be working at the firm's branch in Singapore.

Sean Crane will embark on one-year Nootbaar Fellowship in Uganda beginning in October.

Greer Illingsworth will be working in Uganda for the judiciary for two months beginning in October.

Matt Mullarkey accepted a position as legal advisor to the attorney general of Rwanda at the Ministry of Justice, where he works on government contracts and international treaties.

Emily Smith accepted a one-year fellowship with the International Justice Mission in Mumbai.

Edward Herbert on September 19, 2010.

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Emily Smith

In Memoriam Jeffrey Behrens ( JD ’84) passed away unexpectedly on July 12. A devoted and loving son, brother, husband, and father, he was 52. After graduating from Pepperdine, he worked in the legal field as a contracts manager for Northop Grumman Corporation in San Diego. He is survived by his wife Gloria, and his two daughters, Sarah and Christina.

Marsha Elizabeth Freeman ( JD ’88), a graduate of the Marlborough School and the University of Southern California where she was a member of the Kappa Kappa Gamma Sorority, passed away in July. A longtime member of the Los Angeles Tennis Club, she grew up playing junior tennis and was a member of the USTA in Southern California. Freeman is survived by her children Tommy and Alexandra, the father of her children, Thomas Hays, her parents, and a large extended family.

Carl Hawkins, a former distinguished visiting professor from Brigham Young University, passed away April 25, 2010, at 84 after a brief illness. Preceded by his wife, Nelma, his illustrious career helped to build the reputation of BYU’s J. Reuben Clark Law School. In addition, he spent many hours in public service. He is survived by two brothers, a sister, five children, 13 grandchildren, and 16 great-grandchildren.

The 34th Annual

School of Law Dinner

Saturday March 5, 2011

Celebrating

Ron40 Years Phillips at Pepperdine Often referred to as the "architect" of Pepperdine University School of Law, Ronald F. Phillips served as the school’s inaugural dean for 27 years, overseeing its transformation from a small school in Orange County to a global law school on the edge of the Pacific Ocean.

Saturday March 5, 2011

6:30 pm

Beverly Hilton Hotel Beverly Hills, California Learn more at law.pepperdine.edu.

Tickets will be available soon.

24255 Pacific Coast Highway Malibu, California 90263

Pepperdine Law alumni and students provided legal services at the Alliance for Children’s Rights in downtown Los Angeles for the 22nd annual Pepperdine Step Forward Day on September 11, 2010.

law.pepperdine.edu School of Law

Palmer Center for Entrepreneurship and the Law 310.506.4681

310.506.6567

Straus Institute for Dispute Resolution

Nootbaar Institute on Law, Religion, & Ethics 310.506.7635

310.506.4654

310.506.4611 310.506.4655

Alumni Affairs Moot Court