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Spring/Summer 2011

Meet

Dean Tacha Deanell Reece Tacha reveals why she gave up life tenure as a federal judge to lead the School of Law

Mark Hiepler Represents Victims of the Deadliest Metrolink Case Ronald f. Phillips Honored for Four Decades of Service


Announcing the Largest Campaign in Pepperdine’s 75-Year History.

www.pepperdine.edu/campaign

Malibu • West Los Angeles • Encino • Irvine • Silicon Valley • Westlake Village Heidelberg • London • Florence • Buenos Aires • Lausanne • Shanghai


Vol. 30, No. 1

Spring/Summer 2011

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

School of L aw A dministration

Features

Deanell Reece Tacha – Dean L. Timothy Perrin – Vice Dean Carol A. Chase – Associate dean, academics

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Herbert E. Cihak – associate dean, library and information James A. Gash – associate dean, student life Maureen Weston – associate dean, research Aymara Zielina – assistant dean, career development

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The Office of Public A ffairs Rick Gibson (MBA ’09) – Chief Marketing Officer and Associate Vice President for Public Affairs

Brett Sizemore – director of creative services

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

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Emily DiFrisco – editor Keith Lungwitz – art director Vincent Way – copy editor

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faculty essay

Heirs to an Education

David Boatwright helps San Diego’s youth reach their potential at the Monarch School for homeless children

Jill McWilliams – production manager Gareen Darakjian, Sarah Fisher, Samantha Troup (MA ’11) – contributors Kimberley Robison (BA ’10) – Web developer

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

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

Integrated Values

Deborah Hong represents Asian American attorneys as a leader in her community

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Chief Adviser

Jeff Boyd serves as general counsel in the Office of the Governor of Texas

f: 310.506.4266

e-mail: emily.difrisco@pepperdine.edu

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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

310.506.4681

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a tale of f33

Four law students who lived together as first-years spurred each other on to success.

2 Message from the Dean 3 News Shorts 34 Faculty Activities 37 Class Actions

310.506.7449

LS1101080

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In Every Issue

Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics 310.506.7635

law.pepperdine.edu

Fighting Giants

After a track record of taking on HMOs and winning, Mark and Michelle Hiepler advocate for the victims of the deadliest accident in Metrolink’s history

School of L aw Offices

Clinical Programs

Meet Dean Tacha

Dean Tacha writes on creating lawyer-patriots

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Ron Hall (BA ’79) – photographer

Distinguished Diplomat

Deanell Reece Tacha reveals why she gave up life tenure as a federal judge to lead the School of Law

Pepperdine L aw staff

Geoffrey H. Palmer Center for Entrepreneurship and the Law

Legacy of Service

The 34th Annual School of Law Dinner honors Ronald F. Phillips and his four-decade career at Pepperdine

Former Secretary of State Condoleezza Rice speaks on foreign policy at the School of Law

Megan Huard – director of content development

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Matt Midura (BA ’97, MA ’05) – Assistant Vice President for Integrated marketing communications

p: 310.506.6454

Earning Accolades

Students enjoyed another spectacular year of success in appellate, trial, and alternative dispute resolution competitions during the 2010-2011 year

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Read the magazine online at lawmagazine.pepperdine.edu


Me s s a g e f r o m t h e De a n

First Principles “First principles” matter to me. Whether in the law, in one’s faith, or in one’s personal and professional conduct, the ever-present construct of first principles must guide us in life’s many endeavors. It was so for me as a judge. It will be so for me as a dean and member of the Pepperdine community.

Several first principles called me to accept the position of dean at this great law school, including the university’s commitment to be a law school dedicated to excellence in the Christian legal education context. Personally, one of the first principles that will guide my work and channel my energy is my clear understanding of the stewardship responsibility I assume from the extraordinary deans who have preceded me: from Ron Phillips, the inspired and inspiring founding dean, through my dear friend and colleague, Ken Starr, who catapulted this law school into national prominence, to Tom Bost, who has so thoughtfully continued this tradition of outstanding leaders. I draw my direction and enthusiasm from this first principle: Pepperdine University School of Law is a force in American legal education due, in no small measure, to this history of excellent leadership. With humility, I will seek to carry on this great tradition as the next chapter of our beloved law school’s history unfolds. Although new to this post, I have already learned much about why Pepperdine School of Law has achieved such a position of national prominence. The credit starts at the top. President Andrew Benton and Provost Darryl Tippens are manifestly among the greatest believers in this law school, its achievements and its potential.

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I look forward to working with them to realize our mutual aspirations. But no credible institution of higher education is defined solely by its administration. Good students, outstanding faculty, dedicated staff, and generous alumni and friends define and chart the future for great institutions. This law school is blessed with students of high intellectual abilities who consistently choose Pepperdine for their own first principle reasons. Similarly, the faculty with its extraordinary credentials and dedication to excellence in teaching and scholarship embody the kind of first principles legal education aspires to bring to the legal profession. The staff of this law school consists of friends and colleagues who resolutely share the mission and vision to pursue the quest for enhancing the quality of every aspect of the Pepperdine experience. Finally, I am already overwhelmed at the level of engagement, support, and thoughtful guidance alumni and friends of our law school provide. I thank you for all you do— and enthusiastically look forward to working with you to further the noble endeavor in which we are mutually committed. May this be an endeavor of joy based on our shared “first principles!” Deanell Tacha Duane and Kelly Roberts Dean and Professor of Law


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Pepperdine Achieves High Marks On the July 2010 California Bar Exam

The official results of the July 2010 California Bar Exam have been released, and Pepperdine University School of Law ranked fourth in the state of California with only Stanford, Berkeley, and USC having higher passage rates. Pepperdine had 88.3 percent of first-time test takers pass the exam. Just behind Pepperdine were Loyola with 84 percent and UCLA with 83 percent. The overall passage rate for all takers (first-time and repeat takers) from all schools for the exam was 54.8 percent. The passage rate among first-time takers from ABA-accredited California schools was 75 percent.

Pepperdine Remembers The Pepperdine University community was saddened to learn of the passing on March 27 of Elinor Nootbaar, wife of Herb Nootbaar of Laguna Beach, California. The couple’s love of Pepperdine and especially the School of Law, motivated them to endow the Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics at Pepperdine. The Nootbaars’ ties to Pepperdine began in the late 1950s when Elinor joined the Associated Women for Pepperdine (AWP) and became acquainted with Pepperdine matriarch Helen Young. Meanwhile, Herb knew Helen’s husband Norvel Young, longtime president of the university through the Los Angeles Area Chamber of Commerce. As the years went by, Herb and Elinor kept an eye on Pepperdine, and their direct involvement and support of Pepperdine increased when the School of Law named Kenneth W. Starr its dean in 2004. In reconnecting with Pepperdine through Helen Young and her daughter Sara Jackson, vice chancellor for major gifts at the University, Elinor and Herb made a generous $6 million gift to the School of Law to endow the Nootbaar Institute on Law, Religion, and Ethics; the Dean’s Office; and to support the William French Smith Memorial Lecture Series. They have given an

on the WEB:

Pepperdine has regularly ranked among the top law schools in California on the bar exam, and this year marks another achievement. In its history, the law school has never earned a pass rate that was more percentage points above the passage rate for first-time takers from ABA-accredited California schools (more than 13 percent) than in July 2010. Tim Perrin, vice dean of the School of Law, called the school “extraordinarily pleased” with the results. “We are extremely proud of our students who worked so hard for the success they enjoyed on the California Bar Exam, the most difficult such exam in the country,” he said.

Elinor Nootbaar additional $4 million to further support the work of the Nootbaar Institute—making them among the most generous couples in the law school’s history. “The better we came to know Pepperdine University, its people, and its values, the more we felt the answer was in that direction,” said Elinor in an article in Pepperdine Law. Upon learning about Pepperdine’s Institute on Law, Religion, and Ethics, they felt it was a perfect fit. “When we realized the extent of the institute’s work and the programs and mission, we were so inspired and wanted to help,” said Elinor. The endowment of the Nootbaar Institute has enabled further investigation of law, religion, and ethics through interdisciplinary seminars, conferences, and symposia. The endowment has also strengthened Pepperdine’s Global Justice Program, which is housed in the Nootbaar Institute. Among other initiatives, the program gives students the opportunity to work with human rights organizations both nationally and internationally providing stipends for students pursuing international human rights work across the globe. “Among the many ways Elinor Nootbaar supported the work of the Nootbaar Institute, one of her most important contributions was

law.pepperdine.edu/nootbaar

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that of encouragement,” says Bob Cochran, director of the Nootbaar Institute and Louis D. Brandeis Professor of Law. “On many occasions, a conversation with Elinor left me, the Nootbaar Fellows, and others associated with the institute excited to continue the work of bringing the insights and compassion of Christ to the causes of justice and care for those Jesus called ‘the least of these.’ She will be dearly missed.”


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Goodman

Elected to Los Angeles County Bar Association Board of Trustees

Former Dean Ken Starr Honored at Portrait Unveiling The School of Law honored Ken Starr, former Duane and Kelly Roberts Dean of the Pepperdine School of Law (2004-2010), with the unveiling of his official portrait on March 4. The event paid tribute to the Starr legacy and featured comments from interim dean and professor of law Thomas G. Bost, President Andrew K. Benton, and Starr himself. Bost welcomed the crowd before Benton gave a reflection on the Starr legacy. In his address, Benton thanked the former dean for his determination to elevate the name and stature of the School of Law. “You led us to a level of national recognition more fitting to who and what we are and who and what we hope to be,” he said, “and we thank you.” After the unveiling of his portrait, painted by artist Richard Morris, Starr addressed the guests in attendance and expressed his appreciation

for George Pepperdine’s enduring spirit and dedication to service. Starr stated, “Pepperdine should be thankful and proud of the legacy that these deans who have come before me have created and a law school faculty that not only cares about students and policy issues, but is determined to be excellent at everything that it does.” The event also paid tribute to past and present deans. Newly appointed dean and U.S. Court of Appeals Circuit Judge Deanell Reece Tacha, said, “I feel privileged to follow him,” of her long friendship with Starr. “He has done such a remarkable job for Pepperdine and leaves the institution at a wonderful place.” Founding dean Ron Phillips added, “Ken did such an extraordinary job during his deanship here and we are so blessed to have him with us.”

Cupp’s Article Cited

Christine Chambers Goodman, professor of law, was unanimously appointed to the Los Angeles County Bar Association (LACBA) Board of Trustees on April 5. A LACBA member since 1998 and current chair of its Diversity in the Profession Committee, Goodman will serve a two-year term. Alan K. Steinbrecher, president of LACBA, said that Goodman brings “thoughtful insight into the law and topics of diversity as an educator” which “will add a unique perspective to the Board.” Goodman joined the faculty at Pepperdine in 2001 and teaches Race and the Law; Evidence; and Community Outreach: Youth Mentoring in Law. She also serves as an advisor to the Black Law Students’ Association and Women’s Legal Association, and has been a trial team coach. She began her career in academia at UCLA in 1995, where she created and taught a course in lawyering skills for public interest attorneys. “I like keeping involved in what real lawyers do day-to-day in Los Angeles,” says Goodman of her involvement with LACBA. “My contribution to the board is to be a role model for others, to show young people that they too can be a leader in their community.”

by Justice Breyer in Bruesewitz v. Wyeth

An article written by Rick Cupp, John W. Wade Professor of Law, was cited by Justice Stephen Breyer in his concurring opinion in Bruesewitz v. Wyeth, a major vaccine preemption case decided by a 6-2 margin by the Supreme Court on February 22. Breyer referenced Cupp’s article, Rethinking Conscious Design Liability for Prescription Drugs: The Restatement (Third) Standard Versus a Negligence Approach, 63 Geo. Wash. L. Rev. 76 (1994), in ruling that the National Childhood Vaccine Injury Compensation Act of 1986 preempts all design defect claims against vaccine manufacturers under state tort law. The verdict applies to those affected by serious side effects of childhood vaccines seeking compensation from the Office of Special Masters of the U.S. Court of Federal Claims, or “vaccine court.” “There are special rules for liability relating to drugs and vaccines,” explains Cupp. “Preemption is one of the most significant issues in products liability litigation as well as in constitutional law, and is a matter of interpreting the constitution in an area that strongly impacts products liability cases.” A leading scholar in the field of tort law, Cupp has authored more than 20 articles. He is an elected member of the American Law Institute and has served as chair of the Association of American Law Schools Section on Torts and Compensation Systems. Cupp’s scholarly work addressing products liability has been cited more than 300 times by courts and law review articles.

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Visiting Professors

Caron, Cossack, and McCarden Teach at the School of Law The School of Law welcomed three visiting professors during the spring semester. D & L Straus Distinguished Visiting Professor Paul L. Caron, of University of Cincinnati College of Law taught Federal Income Taxation and Federal Estate and Gift Taxation. Distinguished Visiting Practitioner in Residence Roger Cossack, a legal analyst for ESPN, taught Media and the Law for the fourth consecutive year, and visiting associate professor of law Khrista McCarden, a former practitioner at Morgan Lewis in London, England, taught International Tax and Federal Taxation of Business Entities. on the WEB:

Paul Caron is the Charles Hartsock professor of law at University of Cincinnati College of Law. Active in many facets of tax law, Caron is publisher and editor of TaxProf, the most popular tax blog on the Internet, and serves as the publisher and editor-in-chief of the Law Professor Blogs Network of more than 50 blogs edited by law professors around the country. Roger Cossack has been a legal analyst for ESPN since 2002, and has been explaining legal applications to television audiences since 1994 when he worked as a legal analyst on CNN, in addition to being a cohost of Burden of Proof. Having served as a prosecutor and a defense lawyer during his 22 years of practice, Cossack argued U.S. v. Leon before the Supreme Court in 1984. Prior to beginning his private practice, Cossack served on the faculty of UCLA Law School.

Before arriving at Pepperdine, Khrista McCarden practiced with Morgan Lewis in London where she focused on all aspects of international taxation, including corporate, individual, charitable, estate, and trust planning for U.S. persons conducting business or residing abroad. McCarden began her legal career with Latham & Watkins LLP in Los Angeles. She has practiced international tax law in Paris and completed a clerkship in New York with Judge Barrington D. Parker of the U.S. Court of Appeals for the Second Circuit. Many prominent law professors have served as D & L Straus Distinguished Visiting Professors at Pepperdine including Akhil Amar of Yale Law School, Laurie Levenson of Loyola Law School, Michael D. Green of Wake Forest, and Ellen Pryor of SMU Dedman School of Law. Recent Distinguished Visiting Practitioners in Residence include Mark A. Behrens of Shook, Hardy & Bacon LLP, and John G. Malcolm, previously of the Motion Picture Association of America.

law.pepperdine.edu/academics/faculty

Pepperdine Law Review Symposium Explores the Most Maligned Decisions in Supreme Court History This Pepperdine Law Review symposium brought together some of the nation’s top legal scholars to discuss the most widely criticized decisions in Supreme Court history. Scholars such as Akhil Reed Amar of Yale, Daniel Farber of Berkeley, Erwin Chemerinsky of UC Irvine, and Suzanna Sherry of Vanderbilt debated Erie, Dred Scott, Buck v. Bell, Plessey, and Korematsu. Each symposium presenter articulated exactly why he or she nominated a particular case for the Supreme Court’s “Hall of Shame.” Another

presenter then had the opportunity to redeem the Court’s reasoning or at least put the case in its historical context. Pepperdine’s Ed Larson, University Professor of History and Hugh and Hazel Darling Chair in Law, explained, “The underlying goal of the symposium was 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 a historical lens.” In his remarks, Amar presented the idea that these cases could be categorized into an

“anti-canon” of legal history. Legal historians Ted White and Paul Finkelman spoke to the historical context and elaborated on the idea of the anti-canon. White gave a framework on how to identify a “notorious” decision, and explained why he would put Dred Scott, Plessey, and Korematsu in the anti-canon. Finkelman stressed the importance of examining these cases. “Whether you teach history to third graders or third-year law students, you face the question: do you teach a history that is simply patriotic or one that is troubling, one that opens their eyes?”

on the WEB: The event was covered in the Los Angeles Times and on C-SPAN. For more information visit law.pepperdine.edu /supreme-mistakes

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Ed Larson Elected to International Academy of the History of Science

Ed Larson, University Professor and Hugh and Hazel Darling Chair in Law, has been elected as a corresponding member of the Paris-based International Academy of the History of Science. Tracing its origins to 1927, the academy is an international honorary society for historians of science. Larson is a historian and the recipient of the 1998 Pulitzer Prize in History for his book Summer for the Gods: The Scopes Trial and America’s Continuing Debate over Science

Straus Institute Ranked Number One For Seventh Consecutive Year The Straus Institute for Dispute Resolution was recently ranked the number one dispute resolution program by U.S. News and World Report for the seventh consecutive year. The remaining schools in the Top 5 for 2012 are Harvard University, Hamline University, University of Missouri-Columbia, and Ohio State University. This is the 10th time Pepperdine has achieved the number one position in the past 15 years.

Eleventh Annual

Byrne Judicial Clerkship Institute Hosts 19 Judges and 113 Law Clerks

on the WEB:

The Straus Institute was established in 1986 as the first dispute resolution program in the Southwest. From the beginning, the institute has recruited prominent full-time faculty and practitioners to teach its courses from throughout the U.S., Canada, Latin America, Asia, and Europe. More than 35 different courses in dispute resolution are offered by Straus including negotiation, mediation, arbitration, labor, entertainment dispute resolution, dispute resolution ethics, cross cultural conflict, psychology of conflict, and other areas. Courses are taught by the 10 full-time Pepperdine professors, 22 local adjuncts, and 35 adjuncts and visiting faculty from around the world.

Pepperdine hosted the 11th annual Wm. Matthew Byrne, Jr., Judicial Clerkship Institute March 17 to 19 at the School of Law. Through the Byrne JCI, students who have been accepted into federal judicial clerkship positions have the opportunity to gain distinctive, comprehensive training by federal judges. Hailing from across the country, 113 students and 19 judges participated in the program. Judges spoke on topics such as the role of the law clerk, litigation of high-profile cases, judicial clerkship ethics, and handling habeas corpus petitions. In one panel discussion, Dean Erwin

law.pepperdine.edu/judicial-clerkship-institute

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and Religion (1997). He has published seven books and over 100 articles on topics such as science, medicine, and law from a historical perspective. “It’s a true honor to be elected a corresponding member of the International Academy of the History of Science,” says Larson. “This is the premiere international honorary society for historians of science and it has a very limited number of American members.”

Tom Stipanowich, academic director of the Straus Institute, William H. Webster Chair in Dispute Resolution, and professor of law, explains, “The U.S. News ranking is symbolic of the continuing strength of a program which combines a uniquely broad and deep academic curriculum with first-rate professional skills offerings. The institute is breaking new ground as a leader in the development of mediation worldwide, in the innovative use of media to encourage changes in the culture of conflict management, and in empirical research.” Former interim dean Thomas Bost notes, “The Straus Institute has set a new standard for excellence in the teaching and practice of conflict resolution. ‘Blessed are the peacemakers’ is more than a catchphrase at Straus. It is a living reality.”

Chemerinksy of UC Irvine and President Ken Starr of Baylor University spoke on important recent and pending U.S. Supreme Court Cases. “The purpose of the Byrne Judicial Clerkship Institute is to improve the effectiveness and efficiency of judicial clerks,” said Tom Bost, former interim dean of the School of Law. “In consultation with several of the most highly respected judges in the United States, we have identified the subjects that new clerks most need to learn. The judicial faculty of the institute gives students much of the practical knowledge needed by every law clerk.”


Robinson Trains Law Professors in Mediation in China Peter Robinson, managing director of the Straus Institute for Dispute Resolution, and associate professor of law, represented Straus in a partnership with the Beijing Arbitration Commission to hold the conference, “Teaching Chinese Law Professors How to Teach Mediation,” from January 13-17, in Beijing, China. With financial support from the U.S.- China Legal Cooperation Fund, the training was designed to equip Chinese law professors with the methodology and supporting materials used by Straus. The Chinese Ministry of Education has encouraged Chinese law schools to teach more alternative dispute resolution courses. “Harmony is a strong cultural value in China and thus mediation has been a part of the culture for thousands of years,” says

on the WEB:

Robinson. “Mediation is just beginning to be included in court processes however. Law schools realize that they have an opportunity to support the utilization of mediation in the court-annexed and commercial legal arenas.” Robinson called the workshop rewarding and the professors enthusiastic. “The professors want to be involved in the mediation movement, but have not experienced mediation courses, so they sacrificed one week of their vacations between semesters to attend this program and were excited about establishing mediation courses at their schools.” Robinson has presented negotiation and mediation skills courses in more than 30 states and in Argentina, Canada, England, Holland, Hong Kong, India, Israel, Japan, Jordan, Mexico, and Rwanda.

law.pepperdine.edu/straus

Representative Frank Wolf Speaks at Nootbaar Institute Conference on International Religious Freedom The Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics hosted the conference, “A Call for International Religious Freedom” on February 25, at the School of Law. The keynote speakers were Suzan Johnson-Cook and Representative Frank Wolf. The conference discussed how religious clashes are becoming more and more prevalent throughout the world and examined the growing need for tolerance between faiths, particularly as the Muslim and Christian worlds collide. “In recent years, the world has watched the brutal clashes between religions in Jos, Nigeria, and Orissa, India,” said Bob Cochran, director of the Nootbaar Institute. “We have heard, firsthand, the stories of the persecution of house churches in China, the Baha’is in Iran, and the recent bombings of Coptic Christian churches in

on the WEB:

Egypt. There is growing concern over the lack of tolerance between faiths, particularly as the Muslim and Christian and secular worlds collide.” The 13 conference speakers included people who have worked for religious freedom in government positions, for NGOs, and as private citizens. Johnson-Cook is president and CEO of Charisma Speakers and is an author, minister, and advisor. She was recently confirmed as ambassador-at-large for international religious freedom. Wolf represents the 10th District of Virginia, and is serving in his 16th term in Congress. He is cochair of the Tom Lantos Human Rights Commission, a bipartisan organization of Congress who works together to raise awareness about international human rights issues.

law.pepperdine.edu/nootbaar

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n ew s s h o r t s Gary Haugen, the founder, president, and CEO of human rights agency International Justice Mission (IJM), joined the School of Law faculty April 18-22 to teach a seminar titled “Human Rights and the Rule of Law in the Developing World.” The course was an in-depth exploration into the enforcement of human rights with a particular emphasis on working with local government agencies and communities to provide effective access to justice. His course at Pepperdine builds on the relationship forged between the two institutions when the School of Law became the first in the country to establish a student chapter of IJM. “Gary Haugen’s time is so precious, and his mission of such critical importance, that we are honored he would invest a full week with us here at Pepperdine,” said Bryan Pereboom, president of the law school’s student chapter of IJM. “We are humbled and challenged to learn from someone living so completely on mission for Jesus.” Haugen’s extensive experience in the fields of human rights and rule of law dates back to his work at the U.S. Department of Justice and the

on the WEB:

International Justice Mission Founder

Gary Haugen

Teaches Human Rights Seminar Course

United Nations, during which time he investigated the 1994 Rwandan genocide. He founded IJM in 1997 as a nonprofit agency to rescue victims of violence, sexual exploitation, slavery, and oppression worldwide. IJM now has field offices across the world from Guatemala, to Kenya, to India. IJM lawyers, investigators, and aftercare professionals work with local officials to ensure immediate victim rescue and aftercare, to prosecute perpetrators, and to promote functioning public justice systems.

“Gary Haugen is a true giant in addressing global justice issues,” says Professor Naomi Goodno. “He has a clear vision and a contagious passion for justice. It is a true honor and blessing that Professor Haugen is teaching at our school.” In 2009 Haugen visited the Malibu campus to present the commencement speech at the law school graduation, urging the graduates to enjoy life saying, “For where you find true joy, you will also find your purpose.”

www.ijm.org

Global Justice Program Takes Students to Thailand for Spring Break The Global Justice Program took seven students to Chaing Mai and Mai Sot, Thailand, over spring break to learn about international human rights issues on the ground. The Pepperdine group included Global Justice Program director Jay Milbrandt (JD ’08), program assistant Lauren Hartley, and seven law students. The group met with organizations such as the Recycled Child Project, an anti-trafficking project started by Pepperdine Seaver alumna, Alezandra Russell, and the Free Burma Rangers (FBR), an organization that documents human rights abuses in Burma. Students also visited a refugee camp along the Thai-Burma border. “Our time at a refugee camp along the Thai-Burma border had the greatest impact on me,” explains Amy Wingfield. “As a law

on the WEB:

law.pepperdine.edu/global-justice

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student, I get caught up in all the work I have to do and all the things I have to worry about, but the displaced people in the refugee camp have gone through horrible experiences and lost family and friends to violence, yet they are so kind and hopeful. It was refreshing, and a wonderful reminder of all the blessings we have, that really inspired me to tell their stories and find ways to continue to help the people of Burma.” Amber Pleasant was also surprised by the joy she witnessed at the camp. “I remember lying on my mat in the refugee camp, drifting off to sleep to the sounds of the Karen people singing, and I was struck by how unexpectedly joyful they are despite their circumstances. Many have lost family members, all have lost their homes, yet their daily life is a testament to the resilience and hope of humanity.”


School of Law commencement • 2011

Princeton’s Dr. Robert George (below, left) and 2011 distinguished alumnus Jim Rishwain (JD ’84), firm chair of Pillsbury Winthrop Shaw Pittman LLP, (below, right) spoke at the School of Law commencement on May 20, 2011.

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Earning Accolades { National Championship } National champions Shane Michael, Amber Lee, Brittney Lane, and John Barron were the champions at the National Civil Trial Competition at Loyola Law School in Los Angeles, California, in November.

Shane Michael, Amber Lee, Brittney Lane, and John Barron

National Finalists Faridoon Baqi and Brittney Lane were finalists and Kimberly McCall and Jeremiah Lee were semifinalists at the Chicago Bar Association National Moot Court Competition in November. Lane was named Best Advocate in the preliminary rounds.

Faridoon Baqi and Brittney Lane

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Kelline Linton and Ardy Pirnia were finalists at the Asylum and Refugee Law National Moot Court Competition at UC Davis in Davis, California, in February. Linton was awarded Best Advocate in the preliminary rounds.

Kimberly McCall and Jeremiah Lee

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Kelline Linton and Ardy Pirnia


Students enjoyed another spectacular year of success in appellate, trial, and alternative dispute resolution competitions during the 2010-2011 year.

{ Regional Championships } The team of Robert Pendergrass, Lauren Moon, and Amber Lee were champions and Seth Laursen, Javon Jones, and Derek Thain were semifinalists at the Texas Young Lawyers Association Regional Trial Competition at La Verne University in Rancho Cucamonga, California, in February. Robert Pendergrass, Lauren Moon, and Amber Lee

Seth Laursen, Javon Jones, and Derek Thain

Mane Sardaryan, Chalak Richards, Lauren Castles, and Alyssa Ayotte

Kelsey Stapler, Ben Adams, Kimberley McCall, and Brittney Lane

Mane Sardaryan, Chalak Richards, Lauren Castles, and Alyssa Ayotte were champions and Kelsey Stapler, Ben Adams, Kimberly McCall, and Brittney Lane were finalists at the American Association for Justice Regional Trial Competition in Santa Monica, California, in March.

Will Glaser and Kelsey Stapler were the champions at the National Moot Court Regional Competition in San Francisco, California, in October. Glaser was named Best Advocate in the preliminary rounds.

Additional Awards Emily Brandenburg, Kendra Lounsberry, and Nicole Rodger won Second-Place Brief at the ABA National Appellate Advocacy Regional Competition in San Francisco, California, in February.

Richard Protzmann and Janelle White were champions at the Thornses Pre-Vis Arbitration Competition at the University of San Diego in February. Kaden Norton and Ardy Pirnia were champions at the State Bar of California Environmental Negotiation Competition in San Francisco, California, in March. Will Glaser and Kelsey Stapler

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Will Glaser won Third-Place Advocate in the Preliminary Rounds of the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria, on April 21.

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Legacy of Service The 34th Annual School of Law Dinner honors Ronald F. Phillips and his four-decade career at Pepperdine.

R

onald F. Phillips, senior vice chancellor and School of Law Dean Emeritus, is often referred to as the “architect and administrator of the Pepperdine University School of Law.” Phillips was the founding dean in 1970 and facilitated the law school’s move from Orange County to Malibu, California, in 1978. Phillips served as dean for 27 years before being named Dean Emeritus in 1997. continued

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André Birotte

President Benton presents Phillips with the Robert H. Jackson Award.

His legacy of more than 40 years of service was the theme of the 34th annual School of Law Dinner on March 5 at the Beverly Hilton Hotel in Beverly Hills. Alumni, students, faculty, and friends of the school paid tribute to Phillips throughout the event. Alumni who spoke at the event included noted attorney and businessman Terry Giles (JD ’74); real estate developer Rick Caruso (JD ’83); the Honorable Eileen C. Moore (JD ’78), associate justice of the California Court of Appeal; Janet E. Kerr (JD ’78), executive director of the Palmer Center and professor of law; and André Birotte (JD ’91), U.S. attorney for the Central District of California. “I was inspired to attend law school after serving as a nurse in the Vietnam War,” recalled Justice Moore. “I found the Pepperdine Law School community under the leadership of Dean Phillips to be an enclave of civility amidst a world in turmoil. While I was in law school, Dean Phillips helped

on the WEB:

Barbara Jones

Interim Dean Tom Bost announces 1L Professor of the Year, Naomi Goodno, and 2L and 3L Professor of the Year, Barry McDonald.

me secure an internship with the district attorney’s office, and was later instrumental in my appointment to both the Superior Court and the Court of Appeals.” Second-year student Alyssa Ayotte, who worked as executive assistant to Phillips, reflected on her experience at the law school. “As a current student, I am grateful for the foundation laid by Dean Phillips that makes it possible for me to study in a place that is steadfastly committed to both academic excellence and Christian values,” she said. In the early days of the law school, Phillips wore many hats. He hired faculty, taught contracts, and secured full ABA-accreditation for the school in 1975. He invited distinguished scholars and U.S. Supreme Court justices to speak to students. He built a team of faculty members who would continue to bring the school to new heights. Professor Jim McGoldrick, the longest

serving member of the law faculty, reflected on working with Phillips since 1971. “When I first met Dean Phillips, he wanted to build a law school that placed students at the heart of the enterprise, one that welcomed outstanding faculty and distinguished guests, one that stood committed to academic excellence and Christian values. Pepperdine Law remains dedicated to that vision more than four decades later.” For his exemplary career at Pepperdine, President Andrew K. Benton presented Phillips with the 2011 Robert H. Jackson Award. Previous recipients of the Jackson Award include Chief Justice of the United States John Roberts, Ambassador John Bolton, and former Chief Justice of California, Malcolm M. Lucas. “I am deeply blessed,” said Phillips in his remarks. “Few people have been able to spend such a significant portion of their lives in such a rewarding endeavor.” 

View a video tribute to Ron Phillips at law.pepperdine.edu/dinnervideo

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Crafting Arguments Students highlight the 37th annual Vincent S. Dalsimer Moot Court Competition

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epperdine held the final round of the 37th annual Vincent S. Dalsimer Moot Court Competition earlier in the day on March 5. The final round was judged by three federal judges each of whom will have a Pepperdine law clerk next year. The final round bench included the Honorable Emilio Garza, United States Court of Appeals for the Fifth Circuit; the Honorable Raymond Gruender, United States Court of Appeals for the Eighth Circuit; and the Honorable Ronald Lew, U.S. District Court, Central District of California. The First-Place Team was third-year students William Glaser and Brent Kampe, and the Second-Place Team was third-year students Dustin May and David Rowe. “Arguing before the Dalsimer panel was a true honor—few attorneys ever have the chance to speak before federal circuit court judges in their entire career, let alone as a mere law student,” said Kampe. Participating in the final round was especially meaningful for Kampe, whose father competed in Dalsimer in 1980, arguing before United States Supreme Court Justice Harry Blackmun. Kampe’s parents first met at Pepperdine Law. To students thinking about participating in the competition in the future, Kampe highly recommends the experience. “Even if you don’t think you’ll have time for it, weigh that reluctance against the fact that this may be your last opportunity to compete in such a forum,” he says. “And, as my dad always told me, ‘Don’t try the case in your office;’ i.e., don’t assume that you have no chance at winning because you are going up against tough, experienced competition or it seems you have a bad case. You never know how the judges will rule until they actually do.”

on the WEB:

above: Judges Gruender, Garza, and Lew with First-Place winners William Glaser and Brent Kampe; and below: with Second-Place winners David Rowe and Dustin May.

law.pepperdine.edu/advocacy

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Distinguished

Diplomat

Former Secretary of State Condoleezza Rice visited Pepperdine University on February 9 to share insights from her life and career in a conversation entitled, “Foreign Policy in a Post9/11 World.” A crowd of more than 600 attended the event in the Henry J. and Gloria Caruso Auditorium at the School of Law. P E P P ER D I NE L AW

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he conversation included Pierre-Richard Prosper (JD ’89), former ambassador at large for war crimes and partner at Arent Fox, and Gregory S. McNeal, associate professor of law. The event was moderated by Colleen P. Graffy, associate professor of law and director of global programs for the School of Law. As Rice spoke on current issues in national security, she drew upon her experiences as the first woman to hold the position of National Security Advisor, from 2001 to 2005, and from her time as the U.S. Secretary of State from 2005 to 2009. Graffy served under Rice as deputy assistant Secretary of State for Public Diplomacy for Europe and Eurasia at the U.S. State Department, and she opened the conversation with a question about the turmoil in Egypt. “If Egypt had made 16

some of the reforms earlier, particularly after 2005, and if there was a presidential election that was relatively free and fair, I think that the people of Egypt would have felt that they had space for decent politics,” responded Rice. “The right to live in freedom is something that is found in each heart. It is not something that is bound by culture, religion, or region. Everyone wants to be able to say what they think and to worship as they please, and to be able to be free from the knock of the secret police. I think we are seeing in the streets of Egypt that that is in fact a universal value.” As Rice answered additional foreign policy questions, she explained that democracy takes time to unfold. Drawing from her own experiences, she said, “I grew up in Birmingham, Alabama, in the segregated South. My father was not able to register to


“We’ve never heard a former administration official tell that side of the story,” said McNeal, who asked the question about the emotional impact of realizing they would not find weapons of mass destruction. “It is an important piece of history.” Another topic raised by Graffy was the role of faith. “My faith is very integral to who I am,” explained Rice. “I am a Presbyterian minister’s daughter, a Presbyterian minister’s granddaughter, and a Presbyterian minister’s niece. My father, who was a theologian, was someone who encouraged me to think about things and ask tough questions and would debate me about those issues. What he taught me was that faith and reason don’t have to be at war with one another and that made an enormous difference in my own religious development.” One question submitted by an audience member regarded women’s issues in foreign policy, whether they were merely politically correct or a serious part of foreign policy strategy. “If you want to do something about population explosions around the world, educate women and they won’t have 10 kids, and they won’t start having them too young,” asserted Rice. “If you want to do something about trafficking persons, educate and empower women and they won’t allow themselves to be put in that position. If you want to do something about poverty, educate women, empower them with micro grants, and they will take tiny little businesses, enrich a whole village, and ultimately make your country stronger.” A number of questions submitted byº the audience asked Rice’s advice on how

Former Secretary of State Condoleezza Rice speaks on Foreign Policy at the School of Law vote in 1952, so even our democracy in the United States has taken some time to unfold. To the degree that we talk about democracy, if we do it in a way that lets people know we don’t think this is easy, that we in the United States don’t have all the answers, I think it makes it easier for us to get our message across.” Additional topics raised by the conversationalists included how the U.S. can help Africa, the current situation in Iran, and the controversial question of Saddam Hussein harboring weapons of mass destruction. “I think we knew really by the end of the summer, beginning of fall 2003, that we weren’t finding stockpiles of weapons and that something had gone wrong in the intelligence,” said Rice. “Now that said…intelligence is an art, not a science.”

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to develop a career working in foreign policy. “Find something that you love, something that you’re passionate about. For reasons that have absolutely nothing to do with my upbringing or my background, I found out I was passionate about Russia. International relations requires language skills, it requires cultural knowledge, so I would hope that people are studying abroad, taking the opportunity to learn other peoples’ languages, even hard languages,” she concluded. “It is not possible to plan the next 20 years of your life, just the next step. Try to concentrate on the next step that is going to take you to that position.” Whether agreeing or disagreeing with Rice’s viewpoints, students and faculty alike appreciated her address. “If you had asked me to compile a guest speaker wish list for my time at Pepperdine, Dr. Rice would have been in my top three,” said second-year student Melody Rodriguez. “I was elated that she agreed to speak at our institution, and in such an intimate setting. Dr. Rice was an extremely poised, intelligent speaker and the conversationalists led her through an incredibly engaging conversation. I was surprised at how honest and transparent her responses to the attendee-generated questions came across.” Tom Bost, former interim dean of the school, added, “Dr. Rice brought a most extraordinary background and perspective to her presentations at Pepperdine. Her conversation concerning United States foreign policy not only reflected her exemplary background as scholar, teacher, academic leader, and humanitarian, but also her years of effective service to our country at the very highest levels during a crucial period in the nation’s history.” 

Rice is a professor of political economy in the Graduate School of Business, the Thomas and Barbara Stephenson Senior Fellow on Public Policy at the Hoover Institution, and professor of political science, at Stanford University. L AW. P E P P ER D I NE . E D U


Meet

Dean Tacha Deanell Reece Tacha has made her mark on the legal community as a distinguished jurist, serving for more than 25 years as a circuit judge on the United States Court of Appeals for the 10th Circuit. As of June 1, she transitioned to a new post as the sixth dean of Pepperdine School of Law. In this interview, Dean Tacha reveals how she journeyed from a small town in north central Kansas to Malibu, California, and why she gave up life tenure as a federal judge to lead Pepperdine Law.

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The dean of the law school, Theodore St. Antoine, a great labor lawyer, was also quite a friend. Then there is the great Yale Kamisar, who was a criminal law professor. He certainly awakened me to criminal law in

Pepperdine Law: Growing up, what were

your career aspirations? Dean Tacha: At that time, I had never met a woman lawyer or a woman judge. There were, of course, very, very, few women in the profession at the time. I think if I ever had any aspirations beyond the really traditional ones, they were probably to teach college or possibly to become involved in politics.

I have known Judge Tacha for over 40 years. She not only is a brilliant judge, she is a warm and caring human being. I am overjoyed that she has chosen to join us.

Both of my parents were college graduates and they had always encouraged me to go to college, although not many people in my class did. When I enrolled at the University of Kansas there was a dean of women named Emily Taylor. She was extraordinarily instrumental in encouraging women to choose what were then very nontraditional career paths. Indeed, she mentored a whole group of us women at the university, and she was the one who began to raise my aspirations.

Grant S. Nelson William H. Rehnquist Professor of Law

ways that I hadn’t anticipated—in particular to the constitutional rights of both accused and incarcerated people.

What was the climate of law school like when you arrived at the University of Michigan? There were very few women in my class. I would say fewer than 15 in a class of a few hundred. The late 60s and early 70s were a period of great change in all of higher education. The University of Michigan Law School was no exception. Women and ethnic minorities sought access, opportunities, and equity. I always felt that male students and faculty alike treated me fairly and with respect, but the climate generally was changing rapidly for all of us. My memory is that there were no women on the Michigan faculty at the time, so there were no female role models as legal academics.

What important lessons did you take away from law school? Law school propelled me into thinking much more analytically and being better able to understand the viewpoints of others.

It was a time when we were beginning to understand that we needed to bring more diversity into all professional schools, law schools included, so I think that it left me with a very strong commitment to diversity, a very strong commitment to understanding that lawyers and judges must reflect the population around them.

Were there other mentors that you had in law school who impacted your life like Emily Taylor did when you were in college? Yes, and one was Grant Nelson who is now on the Pepperdine law faculty. Indeed, he gets a great deal of credit for my interest in Pepperdine. He was in his early years of teaching and taught me constitutional law. He was very supportive of the women in our class, and he was also a Midwesterner, so he and I had a lot of things in common.

After law school, you landed a White House Fellowship. What were you thinking about your career at that time? The White House Fellows program consists of an education component and an actual job. My job was special assistant to the Secretary of Labor, James Hodgson. He was involved in a lot of labor management issues at the time and personnel issues in big industry. For the education part, I attended the White House Fellows class, which introduced me to almost every leader in all aspects of government, and the economy, and American culture. At that point, knowing I was going to be a lawyer and having been given the opportunity to perform both legal and administrative work at the Cabinet level, I became increasingly interested in the combination of legal practice and general administration.

Devoting more than a quarter century of work to both the public and private sectors, including 25 years of service with the U.S. Court of Appeals for the 10th Circuit, Judge Tacha has had an exemplary career in advancing the rule of law, as well as helping to improve society as a whole through her legal efforts and community service. Andrew K. Benton President

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What makes a good judge? Intellectual rigor and the willingness to work hard on issues that you might not know a thing about until they confront you in a case. I think also the willingness to stay very, very tightly constrained to the law, and remove all personal viewpoints and approaches.

With Deanell Reece Tacha as its new dean, Pepperdine has gained a distinguished jurist with a wealth of academic experience and demonstrated commitment to legal education. It bodes well for our continued advancement into the top tier of American law schools. Edward J. Larson

University Professor and Hugh and Hazel Darling Chair in Law

A good judge is one with a lot of human understanding; you can’t just consider the theoretical aspects of a case. You have to think how it plays out in a courtroom, what each case presents, how the law ends up, and how the facts end up. The other thing is you can’t agonize once you’ve done your best work and filed your decision. You have to move on.

You’ve been a long-time speaker and participant in our annual Byrne Judicial Clerkship Institute at Pepperdine. What are some of the lessons you impart to your clerks? We have to stay constrained by the rule of law, which means that judges, and I think lawyers as well, should focus on that case and that case alone, not their own personal self-interest, not their own personal viewpoints, but the moving, thoughtful progress of the law.

Judge Tacha speaks with Sandra Day O’Connor, retired associate justice of the U.S. Supreme Court.

After the White House Fellowship, what was your next move? I ended my fellowship year in 1972 and I stayed at the Labor Department through the elections of 1972, which were the elections of Nixon’s second term. Then I decided after the election to go into private practice at what was then Hogan & Hartson in Washington, D.C. Then I decided to return to Kansas to marry my husband. My husband was a high school basketball coach in Concordia, Kansas. I moved there and practiced with literally just one office shared with one other lawyer in that town. I was not only the first and only woman lawyer, I was the first and only for several years after that. We only stayed there for another few months because then I got the opportunity to come onto the University of Kansas School of Law faculty in the fall of 1974.

What were some of your biggest takeaways from that teaching experience? I began both teaching and being director of the legal aid clinic, so my first job at the law school was teaching property, administrative law, and running the legal aid clinic. It cemented what I already knew, that I really loved legal education. P E P P ER D I NE L AW

I also became—I think it’s fair to say—fully committed to trying to promote excellence in higher education. And I loved the legal aid clinic, and clinics generally, as a good model of legal education.

And the second thing is to create and enhance an environment of professionalism and ethics and civility—the “tone” of the law if you will. The public has to trust us, and they will only trust us if we listen to them, if they feel that we are telling the truth in a civil and a respectful way, and that we have the best interest—the common good—as our goal.

And then you were nominated by President Ronald Reagan to be a judge. The other thing that I’ve tried to teach my law clerks is that every lawyer, every judge, indeed How did your judgeship come to be? Every judge has a different story. My family had always been involved in politics and were very good friends of Bob Dole and Nancy Kassebaum, who were our senators at the time. And they both—Bob Dole in particular—encouraged me. And I actually resisted because I had just had our youngest child, and I was at that time vice chancellor of the university, and I loved my job. I had four children by that time so it was not an easy sell to get me to be interested. I thought I would stay in higher education, but I began to think about it and began to consider it. My name went forward, and the rest is history. 20

Judge Tacha with U.S. Supreme Court Chief Justice John Roberts and Lord Nicholas Phillips, president of the Supreme Court of the United Kingdom.


Not only is she a respected jurist and legal scholar, she is experienced in academic administration having served as the chief academic officer of a major American university. Pepperdine is fortunate Judge Tacha has agreed to commit her energy, enthusiasm, and intellect to our university. Darryl Tippens Provost

Judge Tacha gave the commencement address at Pepperdine in 2000.

every human being—needs a well-rounded life. One cannot let one’s professional aspirations overcome or overshadow the totality of one’s personality, so I’ve always encouraged my law clerks to do things outside of work—whether with their family, their faith, their community, or with anything else that interests them.

Tell us about your ties to the early days of Pepperdine. My path and Pepperdine’s seem to have crossed many times. I knew of Bill Banowsky, an early founder of the Malibu campus, while I was in Washington, and his aspirations for the school made an impact on me. President Reagan and President Nixon were both committed to the idea of Pepperdine as an institution, so I knew about it early on. And then of course, Grant Nelson taught me and ultimately ended up at Pepperdine, and I taught David Davenport when he was at the University of Kansas School of Law and then of course he went on to be president there. Andy Benton grew up in Lawrence, Kansas, where we lived. Finally, Ken Starr and I have been very

close friends since he and I were appointed to the bench. So it’s been a crisscross of interests for a long time.

many with national reputations at Pepperdine, and it seems to me that one of the main jobs of the dean is to make it possible for them to do what they love to do.

What compelled you to take this post?

It is terribly important to continue to build the financial base for this school. Ken Starr did a marvelous job—in fact all prior deans have done a marvelous job at that—but with tuition at the level that it is, and the job market as difficult as it is, trying to find resources for student support and for faculty support is very important.

I’ve had a long and really rewarding career in the judiciary, but this is an opportunity to go back to legal education at this particular time in history. I thought, “I’d like to be involved in what is quite an important time for legal education.”

What is your vision for Pepperdine? To make sure it’s an outstanding educational experience for every student. That has to be at the top of the list. And that includes such things as developing their intellectual potential, developing skills, providing them with mentors and good advice, and working with them to find the best and most appropriate employment opportunities. I also want to be sure that it’s a great environment for faculty scholarship and great teaching. There are wonderful faculty members,

And though the next one would be not as important for the school as the first three, I think we need to do some hard looking at the building. It served its purpose so well when it was built, and was indeed a model when it was built, but that was quite a few years ago. I have been in literally hundreds of law school buildings around the country and seen the difference that it can make when you have a state-of-the-art building. Now we don’t want to leave our location by any means, but I do think there are many things that can be done within the existing footprint. 

Judge Tacha provides the School of Law with vibrant leadership, energy, and years of valuable experience—both in the academy and through her distinguished public service. She not only deeply understands both the legal profession and the judiciary specifically, she also understands the profound needs of legal education in the 21st century. Judge Tacha brings to Pepperdine her vast knowledge, outstanding judicial experience, and close relationships within the legal community throughout the nation. Her creativity and excitement for this new calling will greatly serve and enrich our beloved School of Law and the entire university. Ken Starr President of Baylor University

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fa c u lt y e s s ay

Creating

LawyerPatriots Law Schools’ Next Big Challenge By Deanell Reece Tacha

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be problem solvers and could bring those essential skills to the school boards, city commissions, nonprofit groups, and legislative halls of the nation. Every issue under consideration at all levels of government cries out for civil debate, thoughtful and informed advocacy, and a real commitment to the common good.

This Memorial Day marked my last day as a federal judge. It has been the highest privilege of my life to serve for 25 years as a judge on the 10th U.S. Circuit Court of Appeals. The federal and state judges with whom I have worked bring to their positions the highest level of intellect, integrity, and committed sense of purpose. They are, in short, dedicated patriots who fight to preserve the rule of law for this nation and who model an independent judiciary respected throughout the world.

Let me explain: This nation suffers mightily from a “my-way-or-thehighway” approach to policy issues. We often fail to comprehend the complexity of problems and the ramifications of any single “solution.” We rely on sound bytes rather than develop a comprehensive knowledge of the subject at hand. Lawyers with strong problemsolving and dispute-resolution skills could elevate considerably the quality and tenor of public discourse.

I leave my chambers for academic life as dean of the School of Law at Pepperdine University. In my career as a judge, I enjoyed an ideal “bench” from which to observe lawyers and the legal profession. That perspective, as well as my previous experience in academia, inspired and impelled me to examine the future role of legal education. How should lawyers be trained so that they are fully equipped to serve the profession, the nation, and the larger society in the years ahead?

Thus, if we lawyers are to respond to this calling, we must model civil discourse in a cacophonous culture—using every skill we have learned as lawyers—to focus the local, state, and national attention on relevant facts, complex considerations, and respectful debate. It is what lawyers should be doing—both in their day jobs and in their communities, families, and public lives. What a difference the legal profession could make if we joined together in this noble endeavor! I am convinced that a reenergizing of the model of the lawyer-patriot would inspire the public to believe more in the fairness of the courts, government, and decision-making everywhere.

I firmly believe, both as a matter of history and in a personal sense, that we lawyers are called to be working models of the rule of law as it plays out on the highways and byways of everyday life. We are not just adversaries in contentious matters. We cannot simply be advocates on behalf of the causes that pay. We do not do justice if we separate our work as lawyers from our human values and important ethical responsibilities. As I recall the many “judge-patriots” I have known as colleagues, I ask myself whether all lawyers, no matter where they work, should be trained in part to be “lawyer-patriots.” There are extraordinary lawyers around the globe who shine as patriots for the rule of law in humble, even hostile, everyday places. However, my anecdotal observation is that we lawyers need to reclaim our sense of a noble professional calling. It was, after all, predominantly lawyers who, during the revolutionary and constitutional periods, clung tenaciously to the startlingly idealistic notion that the people themselves are sovereign. Those lawyerpatriots used their advocacy skills—both written and oral—to carve out a new nation built on that ideal. As our fledgling democracy grew and faced difficult questions of how to remain united, another lawyer took the stage, using his oratorical skills to inspire and safeguard the country. Later, in a famous case involving an elementary school in my native Kansas, lawyers helped change the course of American public education. None of these lawyers’ compensation came close to the value of their work in furthering equal justice and the rule of law.

…we lawyers…must model civil discourse in a cacophonous culture—using every skill we have learned as lawyers—to focus the local, state, and national attention on relevant facts, complex considerations, and respectful debate. —Deanell Reece Tacha

Because I see the ideal lawyer as a patriot, and because we live in a time when patriots are so sorely needed, I am returning to legal education. There, I will join those who must find answers to the difficult questions of who the lawyers of the future should be, what skills they must master, and how we might pave the road to achieve our shared purpose. I am excited by the prospect of creating lawyer-patriots who will bring the full measure of their talents, intellects, ethical construct, and values to the legal profession and to the public arena. Indeed, we should all recommit ourselves to the model of the patriot, whatever form that might take. You might call me naive. You might call me a hopeless optimist or an insufferable idealist. But please call me a lawyer-patriot.  Originally published in the Daily Journal on May 17.

The point is clear: Being a lawyer is much, much more than having a job. What is this professional calling that I espouse? Who, exactly, is a lawyer-patriot? There are many manifestations of these ideals. First and foremost, it is a calling and a commitment to return to all forms of public service. Much of the history of this nation is marked by the work of lawyers in elective office, on volunteer committees, and in leadership positions in business and industry. Lawyers are trained to 23

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Heirs to an Education

David Boatwright helps San Diego’s youth reach their potential at the Monarch School for homeless children. by Sarah Fisher

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“I couldn’t sleep that night,” recalls David Boatwright (JD ’81) of the first time he met the children at the Monarch School in downtown San Diego, California. What began as a casual working lunch in 2000 turned out to be an introduction to a school for homeless children, signaling a new phase of his professional life. Of counsel to the Procopio law firm in San Diego, Boatwright was introduced to the school by his client, Julie Dillon, a board member of the Monarch School. As they ate lunch and occasionally glanced at the children playing in a courtyard outside, Dillon mentioned that they were all homeless. The children were all so well presented that Boatwright had a difficult time believing her until the principal of the school suddenly appeared at their table. “I was being set up!” Boatwright recalls. “Within five minutes, the principal was taking me on a tour, and I met the kids and sat in the classrooms.” The very next morning Boatwright called Monarch School and offered to be involved in any way needed. 24

Ten years later, he has been a decade-long member of the board of directors, was president of the board for two years, and provides pro bono legal work for the school. The school provides accredited education to approximately 160 homeless and at-risk children ages 4 to 19 through a team of teachers, administrators, and volunteers with a budget half-funded by the state and halffunded through the Monarch School Project, a nonprofit support organization. Founded in 1987 as The P.L.A.C.E. (Progressive Learning Alternative for Children’s Education) as a drop-in center and “place to get kids off the streets,” the school now provides for the children’s basic needs with food, clothing, counseling, tutoring, healthcare, and support programs that keep students at school until the shelters open at 6:30 p.m. Beyond changing the lives of its students, the Monarch School is notable for another reason. “It’s actually illegal for us to do what we do in most of the United States,” Boatwright states.


He goes on to explain that public schools catering exclusively to homeless children—who are defined by federal law as living either on the streets, in a shelter, or in a single room occupancy—were banned across America as part of the 2001 No Child Left Behind Act, except in one county in Arizona and three California counties: San Diego, San Joaquin, and Orange. “Someone convinced legislative staffers that going to a ‘homeless’ school would be stigmatizing for children. But we know that the opposite is true. Here they don’t feel judged, they feel comfortable; they come here because they know the only way to break the cycle of homelessness and poverty is to get an education.” As a nationally renowned lawyer who has been recognized for seven straight years by Best Lawyers in America (Woodward/White Inc.), Boatwright is primed and ready to take the issue back to Congress to make a difference for homeless children on a national scale. “I’d like the law changed yesterday,” he asserts. “However, we’ve got to be smart because timing is everything. Right now, the legislature in Washington, D.C. is not focused on No Child Left Behind. When it starts getting attention again, we have to be on our game 100 percent.” To achieve that state of readiness, Boatwright and his colleagues at Monarch School work tirelessly to prove that the children who pass through the school— often for just months at a time due to the transitory nature of their family lives—leave

with a better chance for success than when they enrolled. Among the many accolades Monarch can boast: founder Sandra McBrayer was chosen as United States Teacher of the Year in 1994; teacher Stephen Keiley was named San Diego’s Teacher of the Year last year; Measure of Academic Progress tests show that students on average advance one grade level for each six months they are enrolled at Monarch, despite typically entering three grade levels behind mainstream-educated children in their age brackets; and in 2008, the San Diego County Grand Jury issued a glowing report about their work titled “Hope for Homeless Children—An Educational Success.” “The report basically said that what we do is working and asked why programs like ours aren’t being implemented

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across the country.” While a grand jury investigation may sound intimidating, Boatwright remembers the process as a proud affirmation of his work. “We knew it was going well when the grand jury finished interviewing our principal and one of the jury members was so moved that they handed us a $5,000 check to continue our work.” This April, he had his first opportunity to bring the issue to the attention of lawmakers during a roundtable discussion in San Diego about the state of public education with U.S. Secretary of Education Arne Duncan and Congressman Duncan Hunter, chair of the Education Subcommittee. Teacher Keiley described his award-winning role at school as “the best gig in town.” Secretary Duncan left the roundtable with a vow to tour the facility and summarized what he had heard as exactly the kind of program that should be rolled out across the country instead of legislated against. A defining point of this momentous first meeting emerged when Duncan was understandably moved by Keiley’s description of seeing one of his students, “C,” scramble out of park bushes one morning with her mother and sister after sprinklers turned on; Keiley added that “C’s” scores improved on all stateadministered tests.

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We knew it was going well when the grand jury finished interviewing our principal and one of the jury members was so moved that they handed us a $5,000 check to continue our work. —David Boatwright

In his decade with the school, Boatwright has seen a great many examples of children triumphing over their circumstances; he remembers one second-grade student stopping him on a tour of the school to ask if he would listen to her read. “So I go over and sit down and she starts to read to me. Meanwhile, her friend is watching her as she says, ‘the crooked crocodile and the angry alligator.’ Her friend looked up at me and just said, ‘That’s alliteration.’” Of the many things that he does at Monarch School, he says that helping to develop the means of testing students’ progress, and seeing the results of that progress over time, is “one of the most rewarding things” about his involvement. He iterates that almost 100 percent of the students who stay at Monarch long enough to graduate will go on to attend college, with support from their alma mater that includes financial assistance, counseling, and tutorial and technological support. He also notes that after graduating college, or jumping straight

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into the workforce, many alumni return to the school to “pay it forward” to another generation of children in need. He remembers “S,” who graduated with his high school diploma despite a shockingly neglectful upbringing. “He came to us in high school absolutely illiterate, but he was the nicest young guy and graduated about six years ago,” Boatwright recalls. “Flash forward a few years, and I’m walking through the courtyard of the school and I see a huge human being walking through in slacks and tie. It was one of the San Diego Chargers, walking with ‘S.’” “S” was the manager of a smoothie branch and had organized a campaign within his company that this Charger would match every dollar donated to his former school. “None of us knew he was doing this. He just came down one day and presented this gift to us.” During his time at his own alma mater, Boatwright was a member of the Pepperdine Law Review. Two of his four children attended Pepperdine’s Seaver College—and all have volunteered many hours of their time at the San Diego school that is such a big part of Boatwright’s life. Having earned a bachelor’s degree in accounting from Northern Arizona University before arriving at the School of Law, it’s not surprising that

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he ventured into financial territory as a legal professional; he is a transactional business and tax lawyer specializing in mergers and acquisitions and joint ventures. Today, he serves on the Board of Visitors at the School of Law and, as of 2007, is retired from the partnership of Latham & Watkins. His prolific background in finance and law, however, will continue to be utilized for Monarch School, including what he calls one of his primary responsibilities: securing a new campus to accommodate a larger portion of San Diego’s 13,000+ homeless children population. The new campus will upgrade Monarch from its current 15,000 square feet of property to a 100,000-square-foot lot, resplendent with state of the art classrooms, laboratories, sports facilities, and playgrounds. The move will be a culmination of 10 years of dedication from Boatwright to the mission that took hold of his heart on that fateful day after lunch with Julie Dillon, and he yearns for the time when that work will pay off even further to educate, support, and transform countless more children. “When you see these children healthy, and really taken care of, you light up inside,” he says. “This is an absolute labor of love.” 


“My parents always emphasized the importance of being great contributors to society,” says Deborah Hong (JD ’97), a partner at Philadelphia-based Stradley Ronon Stevens & Young. For the corporate lawyer and secondgeneration Korean American, many of her contributions take place away from her desk and closer to her community. Hong first began thinking about a career in corporate law as a teenager, when she recognized that some of the core attributes of the practice of law, such as effective negotiation and advocacy, were some of her inherent traits. She landed an in-house legal stint at Chevron during law school and moved to Philadelphia after graduation to pursue corporate law private practice at Stradley Ronon. In achieving career success, Hong did not forget the lessons her parents taught her and

Integrated Values Alumna

Deborah Hong represents Asian American attorneys as a leader in her community. by Gareen Darakjian

her three sisters growing up. She became an advocate and spokesperson for Asian American attorneys. “It is critical that we collaborate in efforts to find better and more effective means to advocate and support minority participation and retention in the legal profession,” she says. In 2008 she was appointed to the board of trustees of the Center for Literacy in Philadelphia, where she collaborates in finding funding opportunities and providing strategic input. “Their English as a second language (ESL) program in the Asian community and the work they do is something that appealed to me,” she explains. “It is commendable that these individuals have had some adversity or just been victims of our system, and have taken the initiative to help themselves.” Hong was also elected the 2010 president of the APABA-PA, the Asian Pacific American Bar Association of Pennsylvania, a statewide chapter of a national organization dedicated to the advancement of Asian American attorneys admitted or practicing in the state. “Minorities in the legal field are still

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underrepresented,” she observes. Whatever the cause, Hong maintains, “there needs to be continued support of institutional and organizational efforts to support advancement of Asian lawyers in the field.” She also dedicates time to the MoreBank Advisory Committee on Asian American Affairs, where she works to further close the gap on generational and ethnic divides among Asians. Beyond raising awareness of local ethnic issues, Hong says her efforts have added value to her professional life and “given me many opportunities to listen and build consensus and collaborate with people to achieve a common goal.” Prior to her involvement, she admits, “You’re only advocating one position on behalf of your client. Learning to be a leader of an

“It is critical that we collaborate in efforts to find better and more effective means to advocate and support minority participation and retention in the legal profession.”

organization with diverse viewpoints is challenging, but working with the team was a tremendously rewarding experience for me.” Though Hong credits good training in helping build her leadership skills, she also emphasizes taking initiative and being eager to explore and educate oneself. “What it takes to be a good lawyer is both the experience and opportunity to do the work that will help develop your expertise; to be able to provide practical problem solving that’s valuable and usable to the client.” Speaking to current law students preparing to enter the legal field, Hong recommends taking an active stance in their careers and advises, “Don’t be afraid to speak up,” demonstrating the conviction that no doubt catapulted her from a School of Law classroom to the forefront of her community. “Don’t wait too long to realize you have a seat at the table.” 

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Chief Adviser Alumnus Jeff Boyd serves as general counsel in the Office of the Governor of Texas. by Samantha Troup

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n his new post as general counsel to Texas Governor Rick Perry, alumnus Jeffrey S. Boyd (JD ’91) deals with matters of life and death. One of his many tasks as general counsel is to advise the governor on all executions in the state of Texas. With so much at stake, Boyd evaluates each case and presents his findings to the governor who can then make an informed decision on whether to delay the execution or grant clemency in spite of the jury’s capital punishment conviction. “We review each file very carefully,” says Boyd of the process he and his team of six assistant general counsels undertake. Since Boyd took office in January, he has already been presented with this difficult situation three times. The state went through with two executions while another case was stayed twice. In addition to the death penalty cases, Boyd advises the governor on a range of different issues, including pending legislation. “My job is to make sure that the governor and others who work for him have the best legal advice to make the difficult policy decisions,” he explains. “The governor is a politician in the sense of being a policy maker. He has a lot of influence on the policy decisions that the legislature is currently making in session, and all the policy choices involve legal issues.” Boyd got the call from Governor Rick Perry in December, while practicing as a senior partner at Thompson & Knight LLP. “When the governor calls you and asks you to do something like this, you can’t say no,” he says, before referring to his previous foray into public service as deputy attorney general for civil litigation for then-attorney general (now U.S. Senator) John Cornyn. “I enjoyed being involved in these exciting and important issues when I worked for General Cornyn, so there was that part of me that just wanted to do it.” Boyd took his post as general counsel just one week before the legislative session

When the governor calls you and asks you to do something like this, you can’t say no. I enjoyed being involved in these exciting and important issues when I worked [in the attorney general’s office] so there was that part of me that just wanted to do it.

began. The Texas legislature meets for 140 days every other year, so Boyd hit the ground running. He says, “There are a lot of new issues and topics in this office that I’ve never had to address before, so that has been a challenge that I’ve had to come up to speed on.” Fortunately, Boyd’s strengths play to this work, which is something he learned back in law school at Pepperdine. “Law school was really interesting because I was able to use my brains and skills as if that was what they were made for,” he reflects. 29

A nontraditional law student, Boyd had a desire to help others early on. He worked as a youth and family minister in Texas for five years after graduating from Abilene Christian University in 1983. When he felt pulled toward the legal field, he and his wife Jackie moved to California so he could attend Pepperdine. “Pepperdine was the place where I really found that my calling was in the law,” Boyd remembers of the environment and relationships forged with professors. Immediately after law school, he clerked for Judge Thomas Reavley on the U.S. Fifth Circuit Court of Appeals. He began his career at Thompson & Knight LLP in 1992, where he transitioned to helping others in a different way. In addition to his work at the firm, Boyd served as president and board member of Volunteer Legal Services of Central Texas and as chair and board member of Goodwill

Industries of Central Texas. “Once I got out of law school and was making money, I still felt like it was important to give back and that I need to do things to contribute to my community,” he explains. Where his career will take him from here remains to be seen, but today, Boyd’s main concern is serving the governor and the people of Texas to best of his ability. He concludes, “My goal is to make sure that the governor has the best legal advice on which to base his decisions.”  L AW. P E P P ER D I NE . E D U


After a track record of taking on HMOs and winning

Mark Hiepler advocates for the victims of the deadliest accident in Metrolink’s history.

by Emily DiFrisco

On September 12, 2008, Metrolink train No. 111 rammed head-on into a Union Pacific freight train in Chatsworth, California. Twenty-five people were killed and more than 135 were injured. The official investigation showed that the train engineer, who had failed to stop at a red signal, was sending and receiving text messages at the time of the tragic crash. P E P P ER D I NE L AW

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ifteen-year-old Mackenzie Souser was one of the many who lost loved ones in the accident. “I am simply not a normal teenager anymore without my dad,” she said at a congressional subcommittee hearing in March. The Sousers are among the 14 plaintiffs in the Metrolink case represented by Mark (JD ’88) and Michelle Hiepler (JD ’89). The Hieplers were contacted by many of the victims of the crash and quickly decided to take on their cases. After being elected to serve on the steering committee for those bringing claims in the case, the Hieplers 30

took several of their clients to Washington, D.C., to testify before Congress. They asked Congress to raise the amount of damages that train crash victims are allowed to receive under federal law. Liability payouts for a single train crash are capped at $200 million currently. “Many people don’t understand large damages,” says Mark. “The judge is going to put what he believes the real number is on the cases. Added up, it’s going to exceed the cap on the case. Someone who needs three brain surgeries is only going to get the money for one. The family who faces lost


earnings from dad over the next 16 years may only get a portion.” Despite having 20 cosponsors, the bill is still pending in Congress and faces an uncertain future because of its regional nature. Congressman Elton Gallegly of Ventura and

Mark points to “systemic flaws” in the way Veolia ran operations. When the National Transportation Safety Board investigated, they found that the engineer was a habitual rule violator and texter. “There are accidents, and then there are things that are so preventable and foreseeable. You think of all these lives that would be back to normal if this engineer had been disciplined appropriately or followed up on appropriately.” The Hieplers’ personal history makes them uniquely qualified to take on these cases. Their jury verdicts have been recordsetting, beginning with the $89.3 million dollar bad faith verdict on behalf of Mark’s late sister, Nelene, who was denied a bone marrow transplant by her HMO. “I think a lot This might be the of people identify with first time ever in us when they know the a mass tort where history,” Mark observes. the people who were than a child or a “Other injured or lost a I lost one of the spouse, loved one got to see closest people in my life. and confront the I lived with her during executives of the law school, and she was company. my biggest supporter and —Mark Hiepler cheerleader. We took on something that was more than a case and we tried to make it a cause.” Santa Barbara Counties Nelene’s case was a massive undertaking met with the clients and for Mark and Michelle, and the jury verdict invited the heads of opened the door to legislative change. Veolia Transportation, “I was invited to and testified in front of the French company that supplied the the Senate Judiciary Committee, House engineers for Metrolink, to join the meeting. committees, and state committees, and her “This might be the first time ever in a mass case caused 10 or 12 state and federal laws to tort where the people who were injured or be changed,” Mark explains. “The real joy we lost a loved one got to see and confront the receive is trying to make a long-term change executives of the company,” says Mark. “It’s either legislatively or through the company a moving, dramatic moment to see a 14-year changing the way that they do business. That old confronting the CEO of the company is the ultimate goal in any of these cases.” that caused her dad’s death. And then there Mark’s work for clients is only one way are those who were tragically injured. We he seeks to bring about positive change. have one client who was near retirement Because of his impressive record of who has a severe brain injury. Her life was service to the community, Mark received changed in a moment in what was such a the 2010 Ben E. Nordman Award from the preventable accident.” Ventura County Bar Association. Professor 31

Bob Cochran, who taught torts to Mark, attended the event and commented, “This award is given ‘To recognize outstanding contributions made by a lawyer to his or her community by means of community, charitable, or other public service activities.’ Mark is all about public service. His practice, representing people who have had difficulty getting medical coverage, is a public service in itself. His practice has changed the way that health insurance companies do business. I am confident that many people in the United States receive better health care because of Mark’s cases.” “I owe the privilege of practicing law to Pepperdine,” says Mark, who currently serves on the school’s Board of Visitors. “I’m blessed to be practicing because so many individuals took an interest in a young struggling law student.” Mark and Michelle met at Pepperdine, where both made lasting friendships with members of the faculty and galvanized their commitment to serving the community. After graduation, Mark went to work for an insurance defense firm doing the opposite of what he does now, and Michelle became in-house counsel at Pepperdine. Michelle, who currently serves on Pepperdine’s Board of Regents, remembers the advice of then-president David Davenport. “He talked about the importance of impacting the next 100 years,” she says. “At first glance that seemed nearly impossible, but he really challenged me to think about leaving a thumbprint. That inspired me towards that give back philosophy.” In 1994 after the verdict in Nelene’s case, they formed Hiepler and Hiepler. As they field the new case calls the firm receives, Mark and Michelle try to keep the big picture in mind—finding the causes within the case. “Whether it’s the HMO industry or the transportation industry, we learn how it works, why it failed, and then ultimately how to prevent it from happening again,” Mark concludes. “It might just be through one case or verdict, but a lot of times there is a legislative connection to it, and we try to change things so the tragedy doesn’t happen again.”  L AW. P E P P ER D I NE . E D U


A Tale by Samantha Troup

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n fall 2008, four students rolled onto campus and into apartment F33 at the George Page Residential Complex across from the law school. F33 brought together first-years Blake Edwards, Samuel Green, Charles Cannizzarro, and William Glaser—a unique mix of personalities, each hailing from different states and each in different stages of life. Green had graduated from college early and was only 19 when he moved into F33, while Cannizzarro had worked after college at World Vision International and was P E P P ER D I NE L AW

already 24. Three had found each other on a visit to campus and requested to live together while one did not select anyone on his housing application and had no idea who he would be rooming with. Despite their differences, the four students got along famously and encouraged each other in their studies—becoming leaders on campus and graduating with accolades. Each will go on to judicial clerkships this fall. Cannizzarro remembers their time in F33 fondly. “Everyone always had some great joke or story from class to tell,” says 32

Cannizzarro, who was the president of the Federalist Society on campus. “Even though we enjoyed living together, we all have somewhat different personalities. Our strengths and weaknesses complemented each other really well, though, and I think we ended up sharpening one another in terms of our personalities and in terms of our legal abilities.” Their competitive natures also brought them together. “We all came into law school with the intent to work hard, and we all are pretty disciplined with our time, but the


Four law students who lived together as first-years spurred each other on to success. from left: Will Glaser, Samuel Green, Blake Edwards, and Charles Cannizzarro

effect was just compounded when we were all in the same apartment,” says Glaser, who graduated salutatorian and was a highly decorated appellate advocate during law school. Glaser, who grew up in Scio, Oregon, will be a clerk to Judge Bobby R. Baldock on the 10th Circuit Court of Appeals in New Mexico. “Just seeing the other three guys working hard and mastering the material spurred me on to work harder.” Green, who finished first in the class, was impressed with his roommates from the beginning. “I definitely expected them to

go do great things,” he reflects. “I was just amazed by how brilliant, dedicated, and adept they were in so many facets of life.” Growing up homeschooled with his siblings in Lancaster, in the Californian desert, Green will move out of California for the first time when he starts his clerkship with Justice Raymond Gruender of the Eighth Circuit Court of Appeals in St. Louis, Missouri. “I’m looking forward to developing a relationship with Judge Gruender,” explains Green. “I think that educationally it should be a really terrific experience because I’ll 33

be exposed to so many different styles and get a better understanding of the internal functions of the court. It is rather daunting though because you’re playing a role in establishing law that will govern many states unless it’s overturned.” “First year was a trial by fire,” reflects Edwards. “Living with the three of them helped set the bar for law school for me.” In addition to academic achievements, Edwards served as editor-in-chief of the Pepperdine Law Review, helped organize the university’s Veritas Forum during his second and third years, and led a men’s Bible study. Edwards’ many accomplishments helped him land a clerkship with Judge Emilio M. Garza on the Fifth Circuit Court of Appeals in San Antonio, Texas. “Judge Garza is a giant in his own right, so it’s going to be an honor to be able to study under him for a year,” he says. He’s also excited to move closer to his hometown in Arkansas. As the four head out to different states, they look forward to the next chapter. Glaser is excited to dig into the law. “Often the Supreme Court and the federal appellate courts have woven a complex web of precedent, and it takes careful research and analysis to reach the correct result in a given case,” he says. “I am looking forward to the satisfaction of helping the judge find those answers.” Cannizzarro, who will clerk for Justice James M. Johnson on the Washington Supreme Court, looks forwards to developing a good working relationship with the justice. “It will be a real honor to learn from everything he has to offer. The experience will give me a better perspective on the litigation process in general and specifically on the nature of appellate litigation. The Washington Supreme Court has the final say on matters of Washington state law, and it is an incredible responsibility to be helping Justice Johnson get the law right in each and every case.” Three years later, the residents of apartment F33 are ready to make their mark on the legal profession.  L AW. P E P P ER D I NE . E D U


fa c u lt y a c t i v i t i e s

2010-2011

Roger P. Alford

Robert F. Cochran, Jr.

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, 38 Pepp. L. Rev. 233 (2011).

Christianity and Law: An Introduction, 25 J.L. & Religion 249 (2010). Legal Ethics and Collaborative Practice Ethics, 38 Hofstra L. Rev. 537 (2010).

Robert Anderson IV

Cochran will speak on “The Christian Responsibility for Social Justice: Theory and Practice” at the Fifth International Conference on Christian Higher Education and Scholarship at Baekseok University, Korea (June 25, 2011).

Law, Fact, and Discretion in the Federal Courts: An Empirical Study, 2012 Utah L. Rev. (forthcoming).

Jack J. Coe, Jr. Babette E. Boliek

Bilateral Investment Treaties to Which the United States Is a Party, in Investment Treaties (Oxford Univ. Press, forthcoming).

Regulation Versus Antitrust: How Net Neutrality Is Defining the Boundaries, Md. L. Rev. (forthcoming). Boliek will be a speaker at the Southeastern Association of Law Schools Conference on “The Law of Disaster” (July 2011), and spoke on “Net Neutrality and International Law” at Albany Law School (April 2011).

of the Law

Chapters 1 and 5 (first tentative draft), in Restatement (Third) International Commercial Arbitration (ALI 2010).

Chapter 4, in Restatement of the Law (Third) International Commercial Arbitration (ALI forthcoming).

H. Mitchell Caldwell

Coe was reappointed as liaison to the ABA Section International Law, American Law Institute, in 2011. He was appointed to the Executive Committee of the Southwestern Institute for International and Comparative Law, Center for American and International Law, and to the Ad Hoc Drafting Committee for Investor-State Mediation Rules, International Bar Association (IBA) as well.

Kafka in the Docket: Coercive Plea Bargaining, The Unrecognized Scourge of the Justice System, 61 Cath. U. L. Rev. 829 (2011). Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment (with Jennifer Allison), 46 Idaho L. Rev. 647 (2010).

Richard L. Cupp, Jr. Criminal Mock Trials (Vandeplas forthcoming).

Cupp was appointed to the planning committee for a meeting of the Institute of Medicine’s Forum on Neuroscience and the National Academy of Sciences Committee on Science, Technology, and Law; the meeting, regarding the future of animal research regulation in the U.S. and Europe, will be held in London, England, in July 2011.

Criminal Pretrial Advocacy (Vandeplas forthcoming).

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

Justice Breyer cited Cupp’s article, “Rethinking Conscious Design Liability for Prescription Drugs: The Restatement (Third) Standard Versus a Negligence Approach,” in his concurring opinion in Bruesewitz v. Wyeth (Feb. 22, 2011).

The Alien Tort Statute, Federalism, and the Next Wave of International Law Litigation, 100 Geo. L.J. (forthcoming). When Erie Goes International, 105 Nw. U. L. Rev. (forthcoming).

Selina K. Farrell and Nancy L. N. McGinnis Understanding Legal Citation: The Bluebook Made Easy (West forthcoming 2011).

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James Allan Gash

Bernard James

The End of an Era: The Supreme Court (Finally) Butts Out of Punitive Damages for Good, 63 Fla. L. Rev. 525 (forthcoming).

SROs, Safe Schools, and the Interagency Agreement, NASRO J. Sch. Safety, Spring 2010.

Christine Chambers Goodman

Douglas W. Kmiec

Examples and Explanations: California Evidence (Wolters Kluwer 2010).

The Constitution as a Reflection of Human Nature, in What Should Constitutions Do? (Ellen Frankel Paul, Fred D. Miller, Jr., & Jeffrey Paul eds., forthcoming).

Goodman spoke at the Western Regional Conference of the National Black Law Students’ Association in Las Vegas, Nevada, on “Success after Law School” (January 22, 2011).

Kristine S. Knaplund Synthetic Cells, Synthetic Life, and Inheritance, Val. U. L. Rev. (forthcoming).

Naomi Harlin Goodno

Knaplund serves as cochair of the ABA Committee on Bioethics and as a member of the ABA Continuing Legal Education Committee in the Sections for Real Property, Probate, and Trust Law. She recently joined the board of directors of the California Supreme Court Historical Society.

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy, Wake Forest L.Rev. (forthcoming). Global Criminal Prosecutions: Should Criminal Laws Follow U.S. Citizens Overseas? (forthcoming).

Edward J. Larson

California “Three Strikes” Law Alleviates Crime, in Mandatory Minimum Sentencing (2010).

Public Science for a Global Empire: The British Quest for the South Magnetic Pole, 102 ISIS 1 (2011).

Colleen P. Graffy

An Empire of Ice: Scott, Shackleton, and the Heroic Age of Antarctic Science (Yale University Press 2011).

Is the Atlantic Getting Wider? The Relationship between the EU, its Member States and the United States, Institute of Contemporary European Studies (forthcoming).

Barry P. McDonald

Graffy has facilitated several interviews with BBC Newsnight TV on the relationship between the EU and the United States. She was a panelist and speaker on the topic, “Is the Atlantic Getting Wider? The Relationship between the EU, its Member States and the United States,” at a conference at Regent College’s Institute of Contemporary European Studies (November 9, 2010).

The Emerging Oversimplification of the Government Speech Doctrine: From Substantive Content to a “Jurisprudence of Labels,” 2010 BYU L. Rev. 2071 (2010).

Gregory S. McNeal A Cup of Coffee After the Waterboard: Seemingly Voluntary Post-Abuse Statements, 59 DePaul L. Rev. 943 (2010).

Michael A. Helfand Fighting for the Debtor’s Soul: Regulating Religious Commercial Conduct, 19 Geo. Mason L. Rev. (forthcoming).

International Law and United States Policy Issues Arising from the United States’ Conflict with Al Qaeda, 32 U. Ark. Little Rock L. REV. 505 (2010) (symposium).

Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders, 86 N.Y.U. L. Rev. (forthcoming).

Part I: Ten Questions: Responses to Ten Questions, 36 Wm. Mitchell L. Rev. 5113 (2010). McNeal testified before the House Committee on Foreign Affairs, Subcommittee on Terrorism, Nonproliferation, and Trade, in September 2010.

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facult y act i v i t i e s

2010-2011

Anthony Miller

Shelley Ross Saxer

Family Law: Cases, Materials, and Problems (with Peter M. Swisher and Jana B. Singer) (Lexis, 3d ed., forthcoming).

Plenty of Fish in the Sea? Managing Water Rights Using Fishing Rights as a Model, Marq. L. Rev. (forthcoming).

Miller shared expertise in the documentary Divorce: Circa 1960s, which appears on the DVD of the fourth season of the television program Mad Men.

Contemporary Property (West, 4th ed.) (forthcoming with Grant S. Nelson, Dale A. Whitman, and Colleen Medill). Environmental Sustainability: Law and Policy (with Craig “Tony” Arnold, Hari Osofsky, and Dan Tarlock) (Aspen forthcoming).

Laurie B. Serafino No Walk in the Dog Park: Drafting Animal Cruelty Statutes to Resolve Double Jeopardy Concerns and Eliminate Unfettered Prosecutorial Discretion, 78 Tenn. L. Rev. (forthcoming summer 2011).

L. Timothy Perrin L. Timothy Perrin, H. Mitchell Caldwell, and Carol A. Chase. The Art and Science of Trial Advocacy (Lexis, 2d ed., 2011).

Thomas J. Stipanowich American Justice at a Crossroads: Remarks of Thomas J. Stipanowich, 11 Pepp. Disp. Resol. L.J. 169 (2010).

Richard M. Peterson

The Lincoln Way: The Evolution of a Master of Conflict (forthcoming).

The Persistence of Low Expectations in Special Education Law Viewed Through the Lens of Therapeutic Jurisprudence, 33, Int. J.L. and Psychiatry 375 (2010).

Maureen Arellano Weston NCAA Sanctions: Assigning Blame Where It Belongs, 52 B.C. L. Rev. 551 (2011).

Robert J. Pushaw, Jr.

A Reflection on American Justice at a Crossroads: A Public and Private Crisis, 11 Pepp. Disp. Resol. L.J. 175 (2010).

Limiting Article III Standing to “Accidental” Plaintiffs: Lessons from Environmental and Animal Cases, 45 Ga. L. Rev. 1 (2010).

Peter R. Robinson

This is a partial list. For more faculty writings visit: lawmagazine.pepperdine.edu/facultywritings

Opening Pandora’s Box: An Empirical Exploration of Judicial Settlement Ethics and Techniques 27 Ohio St. J. on Disp. Resol. (2012). An Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise, and Fear, Harv. Negot. L. Rev. (forthcoming) Robinson gave the keynote address, “The Use and Misuse of Apology in Mediation,” at the California Dispute Resolution Council’s annual conference (September 2010). He also led a six-day Mediating the Litigated Case program in partnership with the Kuala Lampur Regional Dispute Resolution Agency in Kuala Lampur, Malaysia (September 2010).

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Class Actions

Steve Potts

Michael Greenburg

1978 Charles H. Buckley Jr. was presented with the Local Hero Award by the Washington State Bar Association (WSBA). Hosted by the WSBA Board of Governors, the award honors those who have made noteworthy contributions to their communities. His service to the WSBA includes his work with the Pro Bono and Legal Aid Committee, as well as the Character and Fitness Board. Fred S. Gallina retired at the end of 2010 after 12 years as a justice of the Town Court in Pittsford, New York. Previously he had worked as a prosecutor, where he was in charge of the training, management, and development of 22 assistant district attorneys for the 19 town courts, and City Court.

1979 Boyd F. Jensen II was presented with a 2010 Service Award from the International Association of Amusement Parks and Attractions. He was recognized for his diverse background defending well-known California amusement parks. A member of the founding board of directors of the International Amusement and Leisure Defense Association, his efforts representing California amusement park operators led to the formation of the California Attractions and Parks Association, as well as the California Portable Ride Operators.

Lynn Morrow

1982

Jeff Boyd

Elizabeth Todd

1985

Steve Potts was appointed director of athletics for Pepperdine University on January 1. He previously served as the director of athletics at Lipscomb University before becoming the senior associate athletic director at Pepperdine in 2008. He and his wife Jamie have two sons, Tyler and Tanner. Joseph L. Strohman, Jr., has been elected president of the Ventura County Bar Association for 2011. He has been practicing business litigation with Ferguson Case Orr Paterson LLP in Ventura, California, since 1983.

1983 Michael M. Greenburg has recently published his second book, The Mad Bomber of New York: The Extraordinary True Story of the Manhunt that Paralyzed a City (Sterling, 2011), an in-depth look at George Metesky’s 16-year serial bombing career.

1984 Paul Chipok, an attorney in the Orlando, Florida, office of Gray Robinson, P.A., was recently appointed to serve on the Florida Bar’s Continuing Legal Education Committee (CLE) for the ninth consecutive year. David DePaolo was a faculty member at the workers compensation program for the American Academy of Orthopaedic Surgeons. President of WorkCompCentral. com, an online publisher and training company for the workers’ compensation industry; he also served on the faculty at the scientific session of the American Academy of Disability Evaluating Physicians. 37

Lynn Morrow was selected among the Nashville Business Journal’s 2011 “Women of Influence” winners in the dynamic duo category. Along with her copartner Linda Edell Howard, she runs Adams & Reese’s Nashville Music Row law office. She has been recognized by her peers as one of the top intellectual property and entertainment law attorneys by Chambers USA, Best Lawyers, and Super Lawyers, as well as being voted Nashville Journal’s “Best of the Bar” by peer review.

1991 Jeff Boyd has been named general counsel by Texas governor Rick Perry (see story on page 28). Most recently, he was a senior partner at Thompson & Knight in Austin, Texas. Previously appointed as deputy attorney general in charge of civil litigation by then-attorney general John Cornyn, he is a member of the Texas Supreme Court Rules Advisory Committee, past president and board member of Volunteer Legal Services of Central Texas, and past chair and board member of Goodwill Industries of Central Texas. Paul Brown was awarded a Superior Accomplishment Award by the State of California in recognition of his work for the State of California and the Department of Transportation.

1992 B. Elizabeth Todd (Gast), formerly with Cozen O’Connor, opened the Law Office of B. Elizabeth Todd, in May 2010, specializing in all types of subrogation law. She is newly remarried, has four children, and resides in Charlotte, North Carolina.

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Class Actions

Patricia Hayes

1993 Heather Holt has been selected as the new executive director of the Los Angeles City Ethics Commission. She has been with the commission since 1996, and most recently served as the commission’s director of policy and legislation. Leroy Simmons was named the vice president of business development and corporate strategy at Rock.com, a leading online retailer of official licensed music merchandise and site of the popular music social network. Prior to joining Rock.com he was employed by the United Talent Agency for over 15 years and served as a business affairs executive.

1994 Patricia V. Hayes, formerly with the Texas State University System, has formed PVH Consulting Group, LLC, a comprehensive public affairs and management consulting firm in Austin, Texas. She is also serving as the 2011 board chair of the Texas Legal Protection Plan, a state bar-created entity focused on providing access to affordable legal services to the citizens of Texas. Sharon Beth Morris, of the law offices of Triessl & Morris, in Sherman Oaks, California, has been selected the 2011 president of the Criminal Courts Bar Association. Michael H. Raichelson has been selected by California Super Lawyers magazine as one of the top attorneys in California for 2011. Owner of the Law Offices of Michael H. Raichelson, his firm focuses on bankruptcy and litigation.

P E P P ER D I NE L AW

Robert Cohen

Douglas D. Sanders has recently been appointed the associate director of civil law and litigation, for the Department of the Air Force. The directorate supervises the activities of the general litigation, claims and torts litigation, and environmental law and litigation divisions, as well as all litigators affirmatively pursuing or defending the Air Force against suits seeking damages and injunctive relief in a wide range of civil matters.

1997 Ryan J. Wright took the bench in the Ventura County Superior Court in Simi Valley, California, on January 3. After being admitted to the state bar, he began his legal career by clerking in both the Ventura County Public Defender’s office and the Ventura County District Attorney’s office. After being promoted to senior deputy district attorney in Ventura County, he was twice named Outstanding Prosecutor of the Year by the Ventura County district attorney. He has also been recognized by the U.S. Department of Justice for his contributions in the area of narcotics enforcement.

1999 Geoffrey C. Chackel was made partner at Gordon & Rees’s Commercial Litigation, Employment, and Construction Group in San Diego, California. His general commercial litigation practice is focused on representing businesses and their directors and officers in complex litigation involving claims for a wide variety of issues, while his construction practice focuses on representing owners, prime-contractors, and subcontractors in construction-related matters.

38

David Fornshell

Andrew Roberson was named of counsel at Latham & Watkins in Chicago, Illinois. A tax attorney who specializes in tax controversy and litigation matters, he represents clients in disputes with the Internal Revenue Service and has litigated several cases at all levels of the federal court system, including the U.S. Tax Court and various U.S. Courts of Appeal. Amy Cohen (Wolf) and Robert A. Cohen (JD ’00) welcomed their second child Kensington Eve Cohen on October 19, 2010. She joins her older sister Brooklyn Cohen. Wendy L. Baker was made partner at Fisher & Phillips LLP in Irvine, California. She devotes her practice exclusively to the representation of management in employment disputes before state and federal tribunals. She also advises employers regarding various personnel issues, including discipline and termination, and the development of preventative policies and procedures to avoid employment claims and litigation. David P. Fornshell was recently named prosecuting attorney for Warren County, Ohio. His office is responsible for the prosecution of all felonies and accompanying misdemeanors in the county, as well as the representation of all county-elected officials, departments, and agencies. He was formerly a partner in the litigation department of Dinsmore & Shohl LLP in Cincinnati, Ohio, where he continues to maintain a practice in his capacity as of counsel. He and his wife Amy reside in Lebanon, Ohio, with their sons Reagan and Evan, and their daughter Alexis.


Clay Taylor

Donna Roberts

2000 Derek E. Brown was elected to the Utah House of Representatives, District 49, in January. He previously served as legal counsel to Senator Orrin G. Hatch.

2001 Curtis A. Graham was made partner at the Los Angeles, California, offices of Ford & Harrison LLP, a national labor and employment law firm. With extensive employment litigation experience, he is a mediator and trained negotiator, and defends companies against wage and hour class action suits. He previously practiced with Nordman Cormany Hair & Compton LLP in Oxnard, California. Clay M. Taylor was elected partner at Kelly Hart & Hallman in Forth Worth, Texas. He is a member of the firm’s Business Reorganization and Bankruptcy practice group. Christa Zofcin joined River Road as executive vice president, business and legal affairs, in late March. She most recently served as the senior vice president and head of business affairs at United Artists.

Sharon Hritz

Donna Roberts joined Stites & Harbison in Nashville, Tennessee. She is a member of the firm’s Business Litigation Service Group and concentrates her practice in the areas of business and commercial litigation. Her experience includes litigating commercial and tortrelated disputes as well as noncompete and trade secret cases. Valerie Torres was named of counsel at Latham & Watkins in San Diego, California. An environment, land, and resources attorney focused on complex litigation and class actions, including government civil and criminal enforcement actions, environmental remediation, products liability, mass tort, and consumer class actions, she has significant experience representing companies in large-scale environmental and toxic tort litigations, with special expertise in litigating the health, science, and technology issues that arise in these contexts.

2004 M. Lisa Odom recently cofounded the law firm of McDowell Odom LLP in Valencia, California. Her practice focuses on all aspects of transactional law, including real estate law, finance, corporate and securities law, and trusts and estate planning.

2002 Mark J. Bourassa and his wife welcomed their first child, Marcus Jacques Bourassa, in September.

2005 Kenneth B. Gorton (JD ’05, MDR ’05), a trial attorney in the state of Washington, has been certified as a member of the Million Dollar Advocates Forum. He handles a wide variety of personal injury and wrongful death claims.

39

Dina Haddad

Charles Hunt (MBA ’78, LLM ’05) has retired as a tenured professor of business law from the Graziadio School of Business and Management of Pepperdine University. He is currently a class advisor to the Presidential Key Executive programs at the Graziadio School.

2006 Ali Salimi (JD ’06) and Jamie Kim (JD ’06) were married at Pepperdine’s Stauffer Chapel on March 19, 2011.

2009 Sharon Hritz is an associate for Keller Rohrback in the firm’s newlyopened office in Santa Barbara, California. She practices with the firm’s nationally recognized complex ligation group, focusing on securities, ERISA, anti-trust, employment, and consumer protection claims.

2010 Dina Haddad (LLM) has been named of counsel to the Family Law Group at McManis Faulkner, a leading trial firm in Northern California. She joins the firm from Brot & Gross LLP in Los Angeles where her practice focused on marital dissolution, child custody, and visitation. She also established and founded Families First Mediation Practice, and served as secretary of the Alternative Dispute Resolution Standing Committee of the State Bar of California-Family Law Section (Southern California) before joining the firm.

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Class Actions

High Stakes Alumnus Spencer Lucas fought for three young boys who lost their parents and earned the largest wrongful death verdict in San Diego County.

F

or Spencer Lucas (JD ’04), the seeds of a career focused on fighting for the victim, were planted back in law school. It began the summer after his first year, when he interned at Pepperdine’s Legal Aid Clinic at the Union Rescue Mission in downtown Los Angeles. “Because the Pepperdine program allowed 1Ls to get in there and actually do fulfilling work for families on Skid Row, I found it to be a very rewarding experience to use what little I knew, which gave me a perspective and foundation for the work I do today,” he explains. He continued maximizing opportunities at Pepperdine by helping to advance the school’s Global Justice Program. After researching different programs, Lucas and his wife Heather,

applied for and received a $10,000 grant from the Lilly Foundation. The grant funded summer work for law students in Honduras, alongside the International Justice Mission. Today Lucas is an attorney with Panish Shea & Boyle in Santa Monica, California, where he takes many wrongful death cases and fights to ensure that his clients are protected and compensated. In the past two years, Lucas has tried four wrongful death or catastrophic injury cases to verdict. A recent case in San Diego was particularly complex. “We represented three young boys, whose parents were both killed when their family camper van rolled over after a tire tread separation. It became a complicated product liability/negligence case including six different corporate defendants,” he says. “I worked on this case for over three years before we went to trial against Mossy Ford for two months.” Ultimately, they settled

the product liability claims for $8.3 million and the jury gave a total award of $14.5 million—the largest wrongful death verdict in San Diego County history. In May, Lucas obtained another $14 million verdict on behalf of an injured truck driver who was crushed by a 25,000-pound container at the Port of Long Beach. This result was the largest verdict in Long Beach history. “The one thing that all of our clients have in common is that they each are faced with tragedy, in the death of a loved one or a catastrophic injury,” says Lucas of the work that gets him out of bed each day. “It is an extremely fulfilling feeling to help bring justice to our clients. When you go through a lengthy trial, it becomes so consuming that your clients become your family. There is so much at stake for everyone.”

I n Me m o r i a m Hugh Breckenridge (JD ’75) passed away on January 14, after a 16-month battle, or “coexistence” as he put it, with throat and neck cancer. He was surrounded by his wife, two sons, his physician, a good friend, and his loyal dog Buddy. Born in Santa Monica, California, to Anne Kresge Breckenridge and James Breckenridge in 1946, he had a great love of surfing, baseball, and golf. He attended Stanford University from 1964 to 1968, graduating with a BA in economics, and as a member of the executive committee of the Alpha Tau Omicron fraternity. In 1966 he enlisted in the U.S. Navy, where he served as a non-lawyer legal officer and naval aviator, often towing targets for elite fighter pilots. He met his wife, Katherine Cannon, in 1971, and they were married in July of 1972. The newlyweds took up residence in Westminster, California, and he enrolled at Pepperdine University’s School of Law. After graduation, he built a private law practice in Irvine, California, that he operated for 32 years as a lawyer, mediator, and arbitrator. A member of the Orange County Bar Association and the California State Bar Association, he spent 31 years as the emcee of Dick Richard’s Breakfast Club in Newport Beach. In recent years, he found great joy rediscovering his love of golf, playing as often as possible with his crew of golfing buddies and competitively on the Pepsi Golf Tour. He was a diehard fan and season ticket holder of the Anaheim Angels, and loved playing racquetball, squash, and staying in shape with his good friends at the University Athletic Club. He is survived by his wife Katherine and his sons, Riley and Edward. John L. Ogletree (JD ’91) passed away on January 10 after a long battle with cancer. Born on October 16, 1949 in Houston, Texas, he was a licensed pilot for many years before realizing his dream of moving his family to California where he graduated cum laude from Pepperdine and became a lawyer. He was an avid softball player, and gifted pianist who loved the beach. Ogletree is survived by his youngest daughter, Sarah, and her husband, his oldest daughter Janet and her husband and two children, as well as his sister and brother and their families, and his friend and former wife, Cathy Andrews. Roy David Thompson (JD ’93), of Wilmington, Delaware, passed away on April 7, 2011. He is survived by his wife, Sabreana Thompson and his daughters, Alexandria and Gabriella; his parents, Royall A. and Winifred (Ruff) Thompson; his sisters, Theresa Oldham (Gene), Rosemarie Thompson, Annemarie Abbott (Tom), and Patricia Gavin (Rich); his brothers, Jim Thompson and Paul Thompson (Shannon); his paternal grandmother, Blanche Thompson and his father and mother-in-law, Wayne and Karen Beard. Many aunts, uncles, cousins, nieces, and nephews are left to cherish his memory. P E P P ER D I NE L AW

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Celebrating 75 Years of Pepperdine University Join Pepperdine in honoring 75 years of strengthening lives for purpose, service, and leadership. The yearlong festivities kick off during Waves Weekend 2011, held October 14-16 on the Malibu campus.

In honor of the 75th anniversary

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Pepperdine law deans from left to right: Charles Nelson, Richardson Lynn, Ron Phillips, Ken Starr, Tom Bost, and Deanell Reece Tacha.Â

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Pepperdine Law - Vol. 30, Iss. 1 (Spring 2011)  

Pepperdine Law is the magazine of Pepperdine University School of Law.

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