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T H E M A G A Z I N E O F S A N TA C L A R A U N I V E R S I T Y S C H O O L O F L AW | FA L L 2 0 1 6 | V O L 2 3 N O 1


CELEBRATING CHARNEY HALL Breaking Ground on Santa Clara Law’s Future Home. Page 6

F RO M T HE D E A N magazine

SKIP HORNE Senior Assistant Dean, External Relations ELIZABETH KELLEY GILLOGLY B.A. ’93 Editor LARRY SOKOLOFF J.D. ’92 Assistant Editor MICHELLE WATERS Web Designer JOHN DEEVER Copy Editor AMY KREMER GOMERSALL B.A. ’88 Art in Motion Art Director, Designer KAREN BERNOSKY B.S. ’81 MADELINE FINEMAN ELLEN LYNCH JENNIFER MACHADO MARJORIE SHORT Law Alumni Relations & Development

Santa Clara University School of Law, one of the nation’s most diverse law schools, is dedicated to educating lawyers who lead with a commitment to excellence, ethics, and social justice. Santa Clara Law offers students an academically rigorous program including certificates in high tech law, international law, public interest and social justice law, and privacy law, as well as numerous graduate and joint degree options. Located in the heart of Silicon Valley, Santa Clara Law is nationally distinguished for its faculty engagement, preparation for practice, and top-ranked programs in intellectual property. For more information, see If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; email or visit Or write Law Alumni Relations & Development, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law magazine do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2016 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.

Dear Friends:


s our new students began classes this year, we hosted a Groundbreaking Celebration on August 17 for our new law school building, the Howard S. and Alida S. Charney Hall of Law. It was a historic moment for Santa Clara Law (see page 6). The day of the ceremony started out like so many Santa Clara mornings with slightly cool temperatures and overcast skies. Teams from the President’s Office, University Relations, and the School of Law were busy making preparations at the construction site—erecting tents, laying down Astroturf, unfolding chairs, and organizing a row of hard hats and shovels for the actual turning of the dirt. Then mid-morning, as so often happens, the sun broke through the clouds, temperatures warmed, and we were suddenly faced with a pictureperfect example of the Mediterranean climate we enjoy here in Silicon Valley. More than 300 people crowded into the site to hear remarks from Howard Charney MBA ’73, J.D. ’77. Howard’s inspiring words were bookended by an invocation from Professor Emeritus Paul Goda, S.J., and a blessing from University President Michael Engh, S.J. While brief, the ceremony itself was especially meaningful to so many in attendance—not just because we were gathered to bless the site, break ground, and capture the moment in photographs, video, and online, but also because we were there to express our collective gratitude as a community.  I am incredibly thankful to so many people who have helped us to reach this point in our history. I would be remiss to thank individuals, as I would invariably leave someone off the list! For now, I’d like to close with a quote from Fr. Engh’s dedication:   “May this building serve as a great resource for our law students as they work to become highly skilled and ethical graduates who will reach their highest aspirations and lead at the intersection of law, technology, business, justice, and ethics. May this building provide a place for pioneering faculty who are scholars, thought leaders, and mentors, and who expand the frontier of legal thinking and practice as a means to build a more just, humane, and sustainable world. May Charney Hall enhance the Law School’s centers, programs, and clinics to benefit our students, faculty, alumni, employers, clients, and to make our expertise available to members of the Silicon Valley community.”   We are all so fortunate to belong to the Santa Clara Law family.   God bless,

Santa Clara Law is printed on paper and at a printing facility certified by Rainforest Alliance to Forest Stewardship Council® (FSC®) standards. From forest management to paper production to printing, FSC certification represents the highest social and environmental standards. The paper contains 10 percent postconsumer recovered fiber. AIM 09/16 11,500

A Lisa Kloppenberg Dean & Professor of Law Santa Clara Law

CONTENTS FA L L 2016 | VO L 23 N O 1




Celebrating Charney Hall




Santa Clara Law celebrates the groundbreaking of a historic new home on the Mission campus.


10 High Tech Veteran

Self-driving cars will not create utopia, but they offer such a wealth of advantages that Americans better get ready.


Tom Lavelle, Santa Clara Law alumnus and Silicon Valley luminary, is the new managing director of the High Tech Law Institute at Santa Clara Law.



In a report commissioned by The National Academies of Sciences Transportation Research Board, three Santa Clara Law professors explored key legal questions around driverless cars.



Santa Clara Law is home to a new pilot program that aims to mentor and promote female leaders in technology. READ THIS MAGAZINE ONLINE Visit us online for links to additional content, including the very latest news about our faculty, students, and alumni. Our magazine website also makes it easy to share articles from this issue (or previous issues) with friends and colleagues.

Cover: From left, Ron Malone J.D. ’71 and his wife, Sara Malone; Terry Stinnett J.D. ’69; Howard Charney MBA ’73, J.D. ’77; SCU President Michael Engh, S.J.; and Santa Clara Law Dean Lisa Kloppenberg together break ground for Charney Hall on August 17, 2016. Photo by Joanne H. Lee.

The Legal Environment for Autonomous Vehicles BY PROFESSOR DOROTHY J. GLANCY

Leading in the Valley A snapshot of Santa Clara Law alumni working at top Silicon Valley companies.


O Brave New World, That Has Such Vehicles In’t


More Than a Century of Service at Santa Clara Law BY ELIZABETH KELLEY GILLOGLY B.A. ’93

A farewell to three long-time faculty members who retired in 2016. D EPART M ENT S 2 26 31 32


Above: Three previous Santa Clara Law deans—Gerald F. Uelmen, Mack A. Player, and Donald J. Polden—attend the Charney Hall Groundbreaking Celebration on August 17, 2016.


J O A N N E H . L EE

Class of 2016 Outstanding Graduates


n May, Santa Clara Law honored 241 graduates at its 2016 Commencement. U.S. District Judge Lucy Haeran Koh of the Northern District of California and California Supreme Court Justice Mariano-Florentino Cuéllar were the speakers at the ceremony, where both received honorary degrees. At the ceremony 58 graduates received certificates in various areas of high tech law; another 25 received certificates in public interest and social justice law; seven specialized in international law and five in privacy law. Three graduating students received special honors. The Mabie Award for the Outstanding Graduate is presented annually by the Mabie Family Foundation to the “graduating student who best represents in his/ her class the type of student Santa Clara Law is most proud to graduate by reason of demonstrated qualities of scholarship, community leadership, and a sense of professional responsibility.” This year’s winner, Azadeh Morrison J.D. ’16, distinguished herself as a top academic 2 SANTA CLARA LAW | FALL 2016

performer with a GPA of 4.235. During law school, Azadeh worked on the High Tech Law Journal and in the Entrepreneurs’ Law Clinic, working with two startups. She also made time to help fellow students, serving as an Academic and Professional Development Fellow and working with Career Management to tutor other students on resumé writing. She served as an extern for federal Judge Lucy Koh. In summer 2015, she interned with Cooley and was hired as an intellectual property litigation associate starting this fall. The American Law Institute Award provides one “CLE Scholarship and Leadership Award” to the graduate who “best represents a combination of scholarship and leadership, the qualities of...the American Law Institute.” This year’s recipient, Wesley Dodd J.D. ’16, was also a top academic performer with a GPA exceeding 4.0. He served as editor-in-chief of the Santa Clara Law Review. During his tenure, the Law Review organized a symposium on how


Azadeh Morrison J.D. ’16

Wesley Dodd J.D. ’16

racial issues pervade and diminish the justice system. He was a research fellow at the Panetta Institute and also worked with Dean Kloppenberg on a Kettering Foundation project, aimed at examining how our justice system can be more fair, effective, and accessible for all persons in our democracy. He served as an intern at Community Legal Services of East Palo Alto, and he has been recognized by the School and the State Bar for his extensive pro bono work during law school.


The Dean’s Outstanding Student Leadership Award is given to the student in each graduating class who exemplifies our motto of “Lawyers Who Lead.” The 2016 recipient, Lizbeth Mateo J.D. ’16, came from Mexico to the U.S when she was a child. She has

Lizbeth Mateo J.D. ’16

served as an Academic and Professional Development Fellow, on the Board of the Immigration Law Society, and was a graduate student representative to the University’s Inclusive Excellence Student Advisory Council. She represented clients in a torture case with the Immigration Appellate Practice Clinic and at the Katharine & George Alexander Community Law Center, and she has worked on consumer protection and other workers’ rights issues, while also serving as a translator. She clerked with California Rural Legal Assistance (CRLA), one of the leading organizations working for human rights on behalf of agricultural workers in our state. She plans to continue that work with CRLA or pursue a fellowship in employment law. In 2013, Mateo was involved in peaceful protest, walking across the border in a graduation robe, with other undocumented students, called the “Dream Nine.” As one media report said, the activism of a small group of students grew “into a movement that has helped influence the immigration debate” nationwide.

Center for Social Justice and Public Service Honored by California Association of Black Lawyers


n April, the Santa Clara University School of Law Center for Social Justice and Public Service was honored with the California Association of Black Lawyers’ (CABL) 2016 Public Interest Award at the 39th Annual CABL Conference. Deborah Moss-West J.D. ’94, the executive director of the Katharine & George Alexander Community Law Center, received the award on behalf of the Center. Since its inception, CABL has provided leadership in eradicating racism, ensuring justice within the legal system, securing African-American judicial appointments, and building the professional capacity of African-American lawyers and judges in California. CABL is an affiliate of the National Bar Association and is the only statewide legal professional organization that represents the interests of African-American attorneys, judges, law professors, and law students in the State of California. The conference, with the theme of “Champions of Justice: Through Faith, Perseverance and Commitment,” celebrated CABL’s year of achievement and honored outstanding attorneys and judges as well as those From left, CABL President Linnea Willis J.D. ’02, Congresswoman Barbara Lee (CABL Lifetime individuals and corporations Achievement Award), Professor Margalynne Armstrong, who have made significant and Deborah Moss-West J.D. ’94 (CABL Public Interest contributions to the community. Award), executive director of the Katharine & George C O U RT ES Y O F C A B L

He is now working with Ropes & Gray in San Francisco, focusing on issues related to health care and the law.

More info:

Alexander Community Law Center.

Santa Clara Law Selected to Host Lawyers Without Rights Exhibit From September 1 to October 9, Santa Clara Law is partnering with Santa Clara University to host a special exhibit entitled Lawyers Without Rights: Jewish Lawyers in Germany under the Third Reich. The traveling display is sponsored jointly by the American Bar Association and the Bundesrechtsanwaltskammer, or the German Federal Bar. “We are honored to be one of a select number of law schools invited to sponsor this exhibit,” said Skip Horne, senior assistant dean for external relations. “It is a powerful reminder of the importance of social justice and human rights not just for lawyers, but for everyone around the world.” More info:




$5M Estate Gift from Fred & Leota Gonzalez




n June, a couple who are among Santa Clara University School of Law’s most stalwart supporters made a transformative gift, valued at more than $5 million, from their future estate. The gift from Frederick M. and Leota Van DeVeere Gonzalez aims to ensure that the school has a place to house future deans or visiting professors and funds to support student scholarships, research, and other strategic initiatives. This estate gift is the second-largest donation to Santa Clara Law in the school’s history. “We are extremely pleased by the creativity and magnitude of this gift,” said Dean Lisa Kloppenberg. “This endowment will support students with scholarships and provide the school with some fascinating housing opportunities for special visitors and faculty members in transition. We are also incredibly grateful for our close connection to the Gonzalez family. They have helped with alumni events, advised and mentored law students, and have even welcomed students into their home.” The gift comes from Mr. Gonzalez, a triple graduate of Santa Clara University with a chemistry undergraduate degree, ’71, MBA ’73, and J.D. ’77, and his wife of nearly 40 years, Leota. Mr. Gonzalez is a veteran high tech lawyer whose career history includes stints as general counsel of Corsair Components, SonicWALL, Polycom, and Extreme Networks. Mr. Gonzalez has served on the Law School Board of Visitors for more than 30 years and the Law Alumni Association Board of Directors for over 20 years. He has advised hundreds of law students through the law school’s many mentorship programs, and for many years organized the School’s popular Law Career Day event, designed to introduce first-year law students to alumni representing dozens of different practice areas. Mrs. Gonzalez is retired from serving as a program manager for various aerospace and military contracting com-

The gift from Frederick M. and Leota Van DeVeere Gonzalez aims to ensure that the school has a place to house future deans or visiting professors and funds to support student scholarships, research, and other strategic initiatives. This estate gift is the second-largest donation to Santa Clara Law in the school’s history. panies including Lockheed, Mesurex, and Teledyne. She is a graduate of San Jose State University and currently supports the couple’s philanthropic endeavors. The couple’s philanthropy at SCU also includes an endowed law student scholarship, to which they contribute each year. In establishing their most recent estate gift, the couple noted how struck they were some years ago, when thendean Donald Polden described losing strong faculty candidates because they were not able to find affordable housing

in Silicon Valley. The couple hopes the Law School will use their bequeathed home in Los Altos to provide subsidized housing for such candidates. “Our nearly 40-year relationship with Santa Clara Law has been one of the most gratifying endeavors in our lives,” said Mr. Gonzalez. “We’ve seen up close the good that is so often accomplished by those who graduate from Santa Clara Law. We wanted to contribute a significant portion of our legacy to making sure that caliber of learning continued.”


Professor Gary Spitko Named to Presidential Professorship

Antigay Bias in Role-Model Occupations (University of Pennsylvania Press, 2016), by E. Gary Spitko

rofessor Gary Spitko has been named the Presidential Professor of Ethics and the Common Good, one of Santa Clara University’s three special University-wide presidential professorships. “The University chair is a great tribute to Professor Spitko’s long, prolific, and stellar record of publication in top venues, his concern with justice and fairness for the marginalized in society, and his promotion of scholarship among all law faculty members,” said Dean Lisa Kloppenberg. “Professor Spitko’s scholarship is aimed at improving the law and making the social systems in our world more just, whether he is writing Gary Spitko about those unfairly disadvantaged in employment arbitration or LGBT professionals who are not afforded ‘role model’ career opportunities in our legal system and other arenas,” she added.

Employment Relationships: Law & Practice (Aspen Law & Business, 2015 Supplement), Donald J. Polden with Mark W. Bennett and Howard J. Rubin If It Doesn’t Fit: Lessons From a Life in the Law (Xlibris US, 2016), by Gerald Uelmen The New Immigration Federalism (Cambridge University Press, 2015), by Pratheepan Gulasekaram with S.K. Ramakrishnan


The Death of Treaty Supremacy: An Invisible Constitutional Change (Oxford University Press, 2016), by David L. Sloss


More info:

Resolving Disputes: Theory, Practice and Law (3d ed. Wolters Kluwer, 2016), by Jay Folberg, Dwight Golann, Thomas J. Stipanowich, and Lisa A. Kloppenberg Pro Bono Practice & Legal Ethics (Carolina Academic Press, 2016), by Viva Harris, Ken Manaster, and Alan Scheflin

2.1 Million Digital Commons Downloads


anta Clara Law’s institutional repository, Santa Clara Law Digital Commons, surpassed a major milestone earlier this summer: 2,100,000 downloads. The Digital Commons contains all three of Santa Clara Law’s student journals, as well as faculty scholarship, symposia, empirical legal research projects, and special library collections. The digital repository is a project of the Heafey Law Library with an aim to improve access, and archival retention, of the intellectual output of our institution and encourage interdisciplinary collaboration.  

More info:


For more faculty publications and news, see faculty-news.

Don't Miss the Party! Join Law classmates October 7, 2016 for a welcome reception, dinner, and a dance party in the Locatelli Center on campus! Reception begins at 6 p.m. with dinner at 7 p.m. followed by dancing at 9 p.m. to the music of L.B. and the Blisters featuring band Members: Frank Conrad–Keyboard, Guitar, Vocals; Alan Goodman–Guitar, Vocals; Maggie Wing–Vocals; Doug Gambetta–Bass; Ed Medlin J.D. ’82–Drums (far right.) With emphasis on the anniversary classes ending in 1 and 6, all alumni are invited to attend this festive evening! Get your classmates together and make your table reservations today! (Classmates will be seated together at tables in the Locatelli Gathering Hall.) For more information on this night or other Grand Reunion Weekend events, visit or email FALL 2016 | SANTA CLARA LAW


CELEBRATING CHARNEY HALL Santa Clara Law Breaks Ground on New Facility


n August 17, Santa Clara University and Santa Clara Law celebrated the launch of construction of its 96,000-square-feet new law building, Howard S. and Alida S. Charney Hall of Law, with a groundbreaking ceremony. The event featured remarks from University President Michael Engh, S.J., Dean of the School of Law Lisa Kloppenberg, and donor and technology executive Howard S. Charney MBA ’73, J.D. ’77. The ceremony also recognized the leadership gifts from the William and Inez Mabie Family Foundation, represented by Ron Malone J.D. ’77 and his wife, Sara, and the Fremont Bank Foundation, represented by Terry Stinnett J.D. ’69. City of Santa Clara Mayor Lisa Gillmor also joined Santa Clara University for the celebration. The construction site is near the entrance of Santa Clara University’s campus, and the building is expected to be completed and available for use by early 2018. “This building represents an exciting and historic turning point for Santa Clara Law, bringing together most of our clinics, institutes, and programs under one roof for the first time in more than 40 years,” said Dean Lisa Kloppenberg. “Charney Hall has been designed to foster the kinds of collaboration— between law, business, and engineering, for instance—that innovation in a place like Silicon Valley demands,” she added. Additional information about the origins and features of Charney Hall can be found at news/new-law-school-building-design-images-released.



“This building represents an exciting and historic turning point for Santa Clara Law, bringing together most of our clinics, institutes, and programs under one roof for the first time in more than 40 years,” said Dean Lisa Kloppenberg. “Charney Hall has been designed to foster the kinds of collaboration—between law, business, and engineering, for instance—that innovation in a place like Silicon Valley demands.” I L L U S T R AT I O N S B Y SO L O M O N CO R D WE LL B UE NZ



CHARNEY HALL LEADERSHIP GIFTS Through the William and Inez Mabie Family Foundation, Ron Malone J.D. ’71 and his wife, Sara, have given $3.5 million to the new building. In honor of their gift, the first floor will be named the Mabie Grand Atrium. Ron Malone, president of the Mabie Foundation, is a longstanding member of the Law School’s Board of Visitors and has for many years sponsored an annual prize for an outstanding graduate of each class. “This generous gift from the Mabie Family Foundation is yet another example of Ron and Sara’s long-time support of Santa Clara Law,” said Dean Lisa Kloppenberg. The Fremont Bank Foundation has made a $1 million gift to the new building, and the lobby will be named the Fremont Bank Concourse. This donation was spearheaded by Terry Stinnett J.D. ’69, also a member of the Law School’s Board of Visitors, as well as Michael J. Wallace MBA ’75, and Hattie Hyman Hughes. “Fremont Bank Foundation is proud to support this important project for Santa Clara’s School of Law,” said Stinnett. “Our investment is a tribute to Fremont Bank’s longstanding friendship with the University, whose strong presence in Silicon Valley exemplifies shared values of education, integrity, a clear vision for the future and hard work in the service of the community around us.” “Santa Clara Law is deeply grateful for these key leadership gifts from the Mabie Family Foundation and the Fremont Bank Foundation in support of Charney Hall,” said Kloppenberg. “These represent a major investment in our school, our students, and the lawyers of the future.”



Howard Charney MBA ’73, J.D. ’77, enjoys the Groundbreaking Celebration on August 17, 2016.

CHARNEY CHALLENGE NEARS $5 MILLION GOAL As of July 31, 2016, the Charney Challenge has raised $3,961,300, or nearly 80 percent of its $5 million goal. Thanks to the generous gift from Alida and Howard Charney MBA ’73, J.D. ’77, almost two years ago the University launched the Charney Challenge to inspire additional gifts for the Law School building project fund from alumni, donors, and friends of Santa Clara Law. Once donations reach $5 million, the Charneys will match all gifts and pledges for a total donation of $10 million. “With the construction of Charney Hall underway, we are grateful to all those who have generously given toward the Charney Challenge,” said Jim Lyons, vice president for university relations. “Once we reach 100 percent of the Challenge, we still have additional funds to raise for the building, and are currently meeting with alumni, donors, and friends about naming opportunities for spaces, programs, and new initiatives,” added Lyons.  Help us reach the Charney Challenge goal! Donate today at You can also make a gift using the envelope provided in this issue.



“Tom has been a luminary in the legal industry for many years, building a strong network of leaders and innovators in the Valley.” —JEREMIAH CHAN, LEGAL DIRECTOR, GLOBAL PATENTS, GOOGLE

HIGH TECH VETERAN Tom Lavelle, Santa Clara Law alumnus and Silicon Valley luminary, is the new managing director of the High Tech Law Institute at Santa Clara Law BY DEBORAH LOHSE AND ELIZABETH KELLEY GILLOGLY B.A. ’93


Santa Clara Law’s High Tech Law Institute has a new managing director, but he is not new to tech. Thomas Lavelle J.D. ’76 has been working in the Valley for 30+ years, previously serving as general counsel for Rambus and Xilinx after having spent 16 years in senior legal positions at Intel. He served briefly as VP and general counsel for Steve Jobs at NeXT Computer, a company Jobs created in the 1980s, which was bought by Apple. Lavelle is a member of the Law School’s Board of Visitors and has served as a member of the High Tech Law Advisory Board for many years. He also currently serves as a director of the Intel Alumni Network, a local nonprofit organization. “Tom Lavelle has built up wonderful connections in Silicon Valley and has decades of valuable experience helping technology companies navigate the technology law landscape,” said Lisa Kloppenberg, dean of Santa Clara University School of Law. “We are delighted that this highly dedicated and accomplished alumnus will be helping lead the High Tech Law Institute, ensuring that our students are well prepared to meet the needs and demands of tech leaders worldwide.” The High Tech Law Institute (HTLI) serves as the hub for numerous high tech law specialties, including intellectual property, biotech, and privacy at Santa Clara University School of Law. Founded in 1998, Santa Clara Law’s high tech law program is currently ranked as the sixth best in the country by U.S. News & World Report. “Tom has been a luminary in the legal industry for many years, building a strong network of leaders and innovators in the Valley,” said Jeremiah Chan, legal director, global patents at Google. “His deep knowledge of the law and extensive experience make him the perfect person to help lead the High Tech Law Institute into the future.”



Q &A W I TH T O M L AV E L L E “Tom Lavelle’s depth of experience and reputation in the Silicon Valley legal community are second to none,” said Brian Love, co-director of HTLI. “He will add an extra dose of enthusiasm and entrepreneurial spirit to everything we do.”  “As one of the leading lights in the Silicon Valley legal community for over 30 years, Tom brings a wealth of wisdom and practical experience to Santa Clara Law’s High Tech Law Institute,” said Aaron J. Alter, a former partner at Wilson Sonsini Goodrich & Rosati, who is now EVP and chief legal officer of Hawaiian Airlines. “The Institute is fortunate to have such an accomplished attorney at its helm.” What excited you about this opportunity to return to Santa Clara and join the Institute? I reached the point in my career where I wanted to do something different—to give back to the school and to the community that has been so good to me. I had the opportunity to stay connected with Santa Clara Law by being a member of the High Tech Advisory Board for a number of years, as well as serving on the Law School’s Board of Visitors. When Professor Laura Norris J.D. ’97 was asked to start up the Entrepreneurs’ Law Clinic, I volunteered to mentor some of her students, and that evolved into assisting Laura as an adjunct, overseeing the work product our students provide to our startup clients. I was given the opportunity to start the In-House Counsel

“Tom Lavelle’s depth of experience and reputation in the Silicon Valley legal community are second to none,” said Brian Love, co-director of HTLI. “He will add an extra dose of enthusiasm and entrepreneurial spirit to everything we do.”


Institute last year, and enjoyed the success the Law School had there. So when the position came open in the High Tech Law Institute, it seemed like a natural fit for my desire to give back and to help the Law School maintain its leadership in high tech law.  What excites me about the HTLI is the opportunity to take a highly successful program to the next level. Santa Clara’s location in Silicon Valley provides the whole University with a unique opportunity to shine. We have been very highly rated in high tech law for a number of years. By coordinating our resources and efforts with Santa Clara’s other tech-related schools and centers, such as the School of Engineering, the Leavey School of Business, and the Markkula Center for Applied Ethics, we can make SCU not just a great Jesuit university, but a uniquely great high tech academic entity. What do you love about working with law students?  Working with our law students constantly reminds me of how much I still have to learn. I have been practicing law for 40 years, but I believe I learn as much from my students as they learn from me. They have fresh ideas, bright minds, and lots of enthusiasm. It gives me optimism, and hope for the future, knowing that these young women and men will be a part of running the world well into the future. What HTLI programs or initiatives do you find the most interesting and successful and why? It is the HTLI’s ability to adapt that I find most encouraging. The first patent law class in the law school was offered when I was a 3L. Much of our early tech law focus was on computing, including the engineering of hardware and software that became the PC explosion in the 1980s. Over time, the industry grew and expanded into more areas, and the Internet became the engine of industry. We brought on experts in these new areas of law. We are still very strong on patents and copyrights and Internet law, but now we have added a strong focus on privacy law. What’s next? Self-driving autos, the Internet of things, artificial intelligence, and who knows what is after that? We sit in the center of global economic growth for the foreseeable future. It is fascinating, it is challenging, and Santa Clara Law should be a key player in all of it.

In what ways does the HTLI help support the energy and entrepreneurship of Silicon Valley? Santa Clara Law is integral to the Silicon Valley culture. We have innumerable grads in key positions in Silicon Valley—law firms, major corporations’ law departments, startup companies in new and exciting fields, government agencies, the bench, and even Congress. We work hard to prepare our students for many different roles in the local legal community. Our grads who receive the High Tech certificates are going into top law firms, law departments of exciting new companies, and now even becoming sole legal counsel to some very small startups. The legal profession is evolving, and we need to keep evolving with it, and prepare our students for the ever-changing challenges they will confront. How would you describe the impact that Santa Clara Law alumni have had on Silicon Valley over the past 25-30 years?  Santa Clara Law alumni have been very successful in Silicon Valley. When I joined Intel Corporation in 1983, four of the five lawyers in the company were Santa Clara Law grads, including the general counsel, Francis T. Dunlap J.D. ’79. It doesn’t take much effort to find Santa Clara Law grads in key spots throughout the legal landscape of the Valley. When I recruited to get faculty for the In-House Counsel Institute last year, it was not difficult to find Santa Clara Law grads in top positions of our most successful companies. What programs or initiatives do you envision for the future of the HTLI? What new directions might you want to explore as you lead this institute? It is clear that we need to maintain the strengths we have already developed, and to keep up with the business of technology, which continues to take a larger role in our daily lives. We have done that to date, as we continue to have a strong patent law focus with Professors Colleen Chien and Brian Love. We have achieved excellence in copyright law with Professor Tyler Ochoa, and in Internet law with HTLI co-director and Professor Eric Goldman. We have substantially increased our focus on privacy law, and we offer a Certificate in Privacy to our students who choose to specialize in that booming area. We have developed some good programs for startup law with a number of classes as well as the Entrepreneurs’ Law Clinic. We have started the makings of an executive education

program with the In-House Counsel Institute focused largely on tech and biotech legal needs. I see business and technology moving toward the Internet of things, as otherwise inanimate objects (such as lightbulbs, cars, and refrigerators) become connected to the Internet in ways we couldn’t have imagined when I was in law school. On the other hand, we have to be careful to balance—we clearly need to evolve as the law evolves, but we cannot be all things to all people, and in my experience, the way to be the very best is to focus clearly. Finding the right balance will be a big part of my job.

“We have innumerable grads in key positions in Silicon Valley— law firms, major corporations’ law departments, startup companies in new and exciting fields, government agencies, the bench, and even Congress.” —TOM LAVELLE

What do you do for fun? For fun, my wife and I love to hike in the hills above Silicon Valley, among the vineyards, redwoods and wildlife. We love going to Giants games in the City, and we look forward to travelling for pleasure—I have been all over the world, but most of it has been for business. Now we look forward to travelling as tourists. And of course, being with family! What do you love about living and working in this area? The energy and the constant change of this area is amazing. I am naturally very curious, and this place provides an incredible source of new and interesting things to learn about. This area is the center point for the global economy, and if anything, our key role is increasing. During my school years, I was worried about getting bored in my job. But living and working here in Silicon Valley, I never find myself bored. It takes a lot of effort just to try to stay up with the constant change. I think the area engenders curiosity and willingness to try new things. For example, my 91-year-old mother texts me somewhat regularly, and she started using emojis! I thought her grandkids were using her phone, but was my mom! Very cool. “Only in Silicon Valley”?  FALL 2016 | SANTA CLARA LAW


LEADING IN THE Top Silicon Valley companies rely on Santa Clara Law alumni For more than a century, Santa Clara Law has educated lawyers in the heart of the Silicon Valley, one of the most vibrant and exciting economies in the world. We have more than 5,000 alumni working in the greater San Francisco Bay Area, and they serve in leading positions across the legal field, including general counsel of top high tech companies, partners in national and international firms, judges, and social justice advocates. This map highlights some of the top Silicon Valley companies and how many Santa Clara Law alumni work there.



















“Santa Clara Law introduced me to intellectual property and privacy law, fueled my passion for high-tech, and connected me with companies in Silicon Valley like eBay, which laid the cornerstone for my legal career.” —SCOTT SHIPMAN, J.D. ’99, general counsel and chief privacy officer for Sensity Systems Inc., and former associate general counsel global privacy leader for eBay

REDWOOD CITY SAN RAFAEL Alumni numbers gathered from LinkedIn as of 7/16.










































CHIEFS IN IP New Pilot Student Program Will Promote Female Leaders at Santa Clara Law


In 2005, Julie Mar-Spinola J.D. ’87 was serving as VP, Global Affairs–IP, Litigation & Licensing for Atmel. She got a call from the Recorder, which was putting together an article about Mallun Yen, who had just been promoted to head patents at Cisco. “While the focus of the article was on Mallun, it highlighted that there were women in IP law, but very few in leadership roles,” recalls Mar-Spinola, who is now Chief IP Officer and VP of Legal Operations at cybersecurity company Finjan Holdings, as well as a member of Santa Clara Law’s High Tech Advisory Board and the Patent Public Advisory Committee for the U.S. Patent and Trademark Office. “I reached out to Mallun, and we got together with five other female in-house IP leaders. We recognized that, collectively, we were one of the largest employers of legal services in the Valley at that time. Because of our respective relationships with major law firms, we had the ability to communicate and encourage these law firms to promote women in their ranks.” And so ChIPs was born, founded by Anirma Gupta, Noreen Krall, Michelle Lee, Julie Mar-Spinola, Mona Sabet, Emily Ward, and Mallun Yen. Standing for “Chiefs in IP,” ChIPs is a nonprofit corporation dedicated to advancing women at the confluence of law, technology, and regulatory policy. “We have the dual purpose of increasing diversity and inclusion in these fields as well as enabling the progress of innovation that benefits our society,” states the ChIPs mission statement at “Women really need support—from other women and men—in getting meaningful leadership roles because it remains very difficult for women to attain leadership roles whether in government or corporations. The stats are still dire,” explains Mar-Spinola, adding “if you look at the website of many corporations or firms, you will usually see what I call the 20 percent rule, meaning, on average, only 20 percent of an orga16 SANTA CLARA LAW | FALL 2016

nization’s leadership roster—boardroom or executive team—is made up of women, so that if there are five leaders, only one of them will be a woman. There is no good reason for that, and it needs to change if the U.S. economy is to reap the benefits of a more diverse and powerful thought resource.” Now more than 1,200 members strong, ChIPs is looking to reach out to and mentor young female law students. This

“When I started my career in the 1990s, I didn’t have that type of camaraderie and mentorship from other women in my field. It’s energizing and exciting, and will no doubt help shatter the glass ceiling.” —LAURA NORRIS J.D. ’97

fall, Santa Clara Law was chosen as the first law school in the nation to host the first ChIPs Student Chapter, which will be coordinated by Professor Colleen Chien and Professor Laura Norris J.D. ’97, a longtime ChIPs member and the founding director of the Entrepreneurs’ Law Clinic at Santa Clara Law. “Santa Clara Law is honored to be chosen by ChIPs to run a pilot student ChIPs chapter program. It is a great fit with Santa Clara Law’s highly ranked IP law program,” says Norris, who with Chien is collaborating on organizing and recruiting for the new chapter, which launched in August. “We hope that the student chapter will help develop the next generation of leading women in IP by providing them with networking


Top: From left: Professor Laura Norris J.D. ’97, Missy Brenner J.D. ’17, and Professor Colleen Chien


Left: CHiPs founding members shown from left: Julie Mar-Spinola J.D. ’87, Mallun Yen, Michelle Lee, Noreen Krall, Emily Ward, Mona Sabet, and Anirma Gupta

and professional development opportunities with our extensive alumni network as well as the members of the ChIPs organization,” says Norris. “When I started my career in the 1990s, I didn’t have that type of camaraderie and mentorship from other women in my field. It’s energizing and exciting, and will no doubt help shatter the glass ceiling.” “In just a few years, ChIPs has become the premier professional development organization among female IP lawyers,” says Chien, who has been a member since the beginning. “The annual meeting is a gathering for seeing old friends and making new ones, all in the service of promoting women and leadership. The ChIPs leadership is comprised of women at the top of their game and of the profession, and I’m excited to be part of extending the ranks to students in law school and even high school.” Santa Clara Law student Missy Brenner J.D. ’17 is the first president of the Santa Clara Law ChIPs chapter, and at

the first event promoting the new chapter in August, 28 new law student members signed up. Mar-Spinola became Brenner’s mentor through the Entrepreneurs’ Law Clinic this past spring. “I am thrilled to help bring our local ChIPs chapter closer to Santa Clara Law students. My relatively new ChIPs membership has already connected me to a variety of inspiring women, whose focus on deepening knowledge and smoothing the way for coming generations really resonates with me. I hope that by introducing more students to ChIPs at an early stage in their career—as in my experience—we can create powerful mentoring relationships and strengthen the field of women leaders in IP law and policy,” says Brenner. Mar-Spinola says, “I am especially proud that ChIPs selected my alma mater for its first student chapter and excited to have Professors Norris and Chien overseeing the chapter, with Missy at the student helm.”



Exploring the Future of Driverless Cars

O Brave New World, That Has Such Vehicles In’t! (With Apologies to Shakespeare, The Tempest: Act V, Sc. i.) BY ROBERT W. PETERSON, PROFESSOR, SANTA CLARA LAW

Are autonomous vehicles as new as they seem? Not really. Keep in mind that horses were autonomous—they could find their way home with little or no help from their “drivers.” Indeed, the Gospels report that on Palm Sunday Jesus rode into Jerusalem on an autonomous vehicle—a donkey. Not only could horses find their way home, but they could also use an overhanging branch to rid themselves of their driver. Unlike cars, they also bite and kick. Per hour of riding, the Centers for Disease Control and Prevention estimates that horses are more dangerous than motorcycles. So, autonomous travel is not so new. Autonomous travel in cars is just better. As the number of vehicles increased, so did the death and injury rate from manually driven cars. In the U.S. alone, vehicles kill between 33,000 and 35,000 people annually. In 2015 the number of deaths topped 36,000. This is as if five 737 jets crashed every week. It is more than twice the total number of people who have died worldwide in the recent Ebola epidemic. The National Highway Traffic Safety Administration (NHTSA) estimates that between 93 percent and 95 percent of these accidents are caused by human error. In addition to deaths, vehicle accidents send about 2.5 million people per year to emergency rooms. NHTSA estimates the U.S. economic and social costs of vehicle accidents at $871 billion a year (not including cost of car ownership). Take a simple test. In your preferred media source, carefully read each account of a person killed or injured by vehicles. Then ask, would this tragedy have been avoided, or the injury mitigated, if one or more of the vehicles had been self-driving? 18 SANTA CLARA LAW | FALL 2016

We tolerate this carnage because cars bring great utility and freedom. Self-driving vehicles will deliver even greater utility by freeing driving time for other things—be it texting, working, or just relaxing. Self-driving cars also deliver huge benefits to the disabled and to those lucky enough to live until they lose their licenses. At the same time, self-driving cars will remove much of the human error that contributes to the vast majority of injuries and deaths. Self-driving cars also deliver a number of broader social utilities. These range from far more efficient use of our present land and infrastructure to more overall productive lives. Americans have dreamed of driverless horseless carriages since the 1930s, but their advent had to await the development of cheap and convenient computing power. Let’s look at a few interesting facts. Young people today seem far less enamored with driving than in the recent past. If they license at all, many license much later and drive fewer miles. Rather than driving to see friends, they may opt to text or call. Smart phones may replace cars as the future’s status symbol. In addition, car ownership is a major expense. Using fleets of on-call vehicles saves not only the cost of a depreciating asset that spends 95 percent of its time idle, but also saves on the other major cost of a car—insurance. When polled about selfdriving cars, higher safety and lower insurance are the two most persuasive factors motivating those who would purchase them. Indeed, in many respects self-driving cars are already here. You may be followed by one. Some of the most recent safety improvements will also drive the car under some circumstances. Adaptive cruise control, lane keeping, automatic braking, traffic jam, and parking assist are just the most recent developments in a clear trajectory toward self-driving cars. At present, however, all still require the driver to continuously monitor and take control in an emergency. Of course, self-driving cars will not create utopia. There will still be some accidents, although far fewer. When accidents do occur, there will be regulatory and public relations challenges for this new technology. For example, May 7, 2016, was a day like most days. One would expect about 100 people to die in the U.S from traffic accidents. It is likely a person will die while you are reading this article. (No, it won’t help if you stop reading). At least two fatal accidents occurred in Florida on May 7. A large semi-truck failed to yield the right-of-way when it made an unprotected left turn across a divided highway in front of an oncoming car killing the car driver. In another Florida accident, a car flipped over, killing four people and injuring three. In Chicago, one person was killed and six people injured when a driver ran a red light. In Pennsylvania, three people were killed by a wrong-way driver.

Still dubious about the idea? Take your first step toward a test drive by visiting ORIGIN AL PHOT O COURT ESY OF GOOGLE

Now for the question: Have you read or heard about any of these accidents? I will wager that you have heard or read about only one—the first one. Why? Because the truck turned in front of a Tesla driven in semi-autonomous “Autopilot” mode. This Florida accident was covered by countless outlets, from the New York Times to the front page of the Santa Cruz Sentinel. Such is our fascination with or fear of “robot” cars. Self-driving cars will also present some cyber challenges. Your current vehicle can be hacked through any number of surfaces, including on-board diagnostic systems, radio, antilock brakes, keyless entry, tire pressure monitoring system, engine control unit, airbag control unit, HVAC, and transmission control unit. As manufacturers collect data from autonomous vehicles, they will also continually improve their performance


Self-driving cars will not create utopia. There will still be some accidents, although far fewer. When accidents do occur, there will be regulatory and public relations challenges for this new technology.

with over-the-air downloads. In addition, future vehicles will begin to communicate with each other (vehicle-to-vehicle, or VtoV communication). Both downloads and VtoV communication present challenges to validate the communications to avoid hacking or malicious code. NHTSA, manufacturers, and many others are diligently working on hardening self-driving cars from cyberintrusion. Likewise, gathering information about driving will implicate some important privacy issues. Doubtless, there will be some people who will never give up their cars. There will be some who live in areas difficult to serve with self-driving cars (only 67 percent of U.S. roads are even paved). Some regulators may stall because they fear criticism after an accident like the May 7 fatality. And there will be some who will argue self-driving cars are “unsafe” because self-driving cars may be a threat to their business. One can hardly expect repair shops, emergency rooms, and funeral parlors to argue they deserve more business. Are Americans ready for autonomous vehicles? Self-driving cars offer such a wealth of advantages that it makes little difference. Robert W. Peterson Americans need to get ready. FALL 2016 | SANTA CLARA LAW


Exploring the Future of Driverless Cars

The Legal Environment for Autonomous Vehicles BY DOROTHY J. GLANCY, PROFESSOR, SANTA CLARA LAW

Vehicles that can drive themselves have been the stuff of science fiction and fantasy for a long time. The future will bring driverless cars, trucks, and buses that provide mobility for non-drivers, such as persons with disabilities and the elderly, as well as safety and more efficient use of our nation’s roadways. Here in Silicon Valley, we are already sharing the road with experimental self-driving vehicles. As my colleague Professor Robert Peterson points out in his essay on page 18, many thousands of lives, otherwise lost in vehicle crashes, are projected to be saved by taking human drivers (the cause of roughly 90 percent of vehicle accidents) out of the loop. According to Morgan Stanley, autonomous vehicles are expected to generate at least $507 billion in yearly productivity gains. Goldman Sachs estimates that the market for advanced driver assistance systems and autonomous vehicles will grow from about $3 billion in 2015 to $96 billion in 2025 and $290 billion in 2035. Although just visible over the horizon, autonomous selfdriving vehicles are not yet available for purchase by U.S. consumers. Before that can happen, the legal system will have to figure out how to respond to this new form of ground transportation. That is where three Santa Clara Law professors made a significant contribution. The National Academies of Sciences Transportation Research Board commissioned a careful look at the legal environment for driverless vehicles. I persuaded professors Kyle Graham and Robert Peterson to collaborate with me on an extensive research project that produced “A Look at the Legal Environment for Driverless Vehicles,” Legal Research Digest 69, published in February 2016. You can read this eighty-page monogram on the web at nchrp_lrd_069.pdf. 20 SANTA CLARA LAW | FALL 2016

This ground-breaking legal research project combined different perspectives from three Santa Clara law professors, all of whom look at driverless cars from different angles. Professor Graham brought his inimitable depth of thought about how tort law responds to risk, about the challenges of criminal law and procedure, as well as about how United States law has gradually responded to new transportation technologies that were just as new and challenging in the nineteenth century as autonomous vehicles are today. Professor Peterson is a longstanding expert in products liability and insurance law, and directs Santa Clara Law School’s Insurance Law Institute. I brought a background in transportation technologies, as well as regulatory law, privacy, security, and sustainability. The legal research required a remarkable synergy among three quite different legal minds to figure out the legal ramifications of an innovative type of transportation mode that is not yet available in the U.S. marketplace. Challenges to analysis of how the legal system will embrace driverless vehicles are not limited to the fact that these vehicles are not yet in commercial production. In addition, the field is so new, it does not even have standard terminology. For example, passenger cars that provide personal mobility without the intervention of a human driver may be called “autonomous” or “driverless” or “self-driving cars.” Alphabet X (formerly known as Google) refers to its test cars as “self-driving.” Adding to the semantic muddle, commercially available forms of vehicle automation sometimes describe themselves as “semi-autonomous” or as offering “autonomous driving.” For example, Tesla’s model S features a semi-autonomous driving mode (still in beta testing) called “Autopilot.” Recently, Consumer Reports criticized Tesla’s use of “autopilot” as fostering confusion about the car’s capacity to safely operate itself while, at the same time, the human driver is supposed to remain alert at all times and ready to take control of the vehicle in emergencies. Initially, “autonomous vehicle” meant that there was no human driver exercising operational control of the vehicle which entirely operated itself. Gradually, “autonomous” began to be associated with various automated vehicle systems that perform particular functions for the driver, including electronic stability control and automatic braking. Even more technologically sophisticated, commercially available part-time autonomous driving systems are options that assist drivers in coping with particular driving situations, such as slow traffic (Mercedes Traffic Jam Assist) or controlled access highways (General Motors Supercruise). As a result, federal regulatory agencies, such as the National Highway Traffic Safety Administration (NHTSA), now refer to a range of vehicle automation, rather

Recent consumer polls showed a large proportion of driver-aged adults expressing reluctance to ride in fully autonomous vehicles with no human operator. Automated vehicles, with a driver still in control, appeared to be slightly less scary to those polled. In addition, from a legal standpoint, autonomous vehicles confront an ambivalent regulatory framework.

Nevertheless, autonomous vehicles will certainly face a number of bumps in the road ahead. Fully self-driving driverless vehicles may not be available for widespread consumer purchase for a number of years. The reasons are many. Recent consumer polls showed a large proportion of driver-aged adults expressing reluctance to ride in fully autonomous vehicles with no human operator. Automated vehicles, with a driver still in control, appeared to be slightly less scary to those polled. In addition, from a legal standpoint, autonomous vehicles confront an ambivalent regulatory framework. At the federal level, NHTSA and the U.S. Department of Transportation remain reluctant to permit autonomous vehicles in U.S. markets until they have proved safe, not only for the vehicles’ occupants, but also for other road users. Moreover, various states set different regulatory requirements that can complicate the legal operation of autonomous vehicles nationwide. For example, a New York statute still requires that vehicles have a driver with one hand on the steering wheel. California’s vintage anti-truck-caravan law makes platoons of wirelessly connected driverless trucks problematic. These matters are expected to be resolved over time by lawyers and regulators, with the assistance of good old-fashioned American know-how. Our study of the legal environment for driverless vehicles indicates that the U.S. legal system is mostly prepared to embrace autonomous vehicles, with a few tweaks and modifications still needed before consumer versions of self-driving vehicles will be fully street-legal. The current regulatory tendency is to go slow so as to avoid safety hazards. In the summer of 2016, Secretary of Transportation Anthony Foxx emphasized that in autonomous vehicles: “We want people who start a trip to finish it.” Still, he cautioned, “Autonomous doesn’t Dorothy J. Glancy mean perfect.” KE ITH S UT T ER

than to autonomous vehicles. These regulatory levels of vehicle automation will range from limited driver assistance options to fully automated driverless vehicles that will operate themselves at all times, without intervention by any human operator. Right now, most modern vehicles are somewhere in between automated assistance to human drivers, at one end of the spectrum, and, at the other end of the spectrum utterly driverless, with no human driver in the control loop. Convergence of a variety of technological advances in such fields as artificial intelligence, optics and lidar, as well as advanced electronic switches, make possible the development of motor vehicles that eventually will not need human operators. Already, test vehicles (with human safety drivers only for backup) have safely operated autonomously over millions of miles on public roads. Recent reports of crashes involving vehicles with autonomous features, such as the Tesla crash discussed by Professor Peterson in his essay, are minor anomalies in a general pattern of mostly safe autonomous operation of experimental vehicles. These incidents raise caution flags but are not likely to end the race toward fully driverless vehicles.

Several companies are developing self-driving cars, including X (a research and development arm of Google), Tesla, Mercedes-Benz, and General Motors. FALL 2016 | SANTA CLARA LAW


MORE THAN A CENTURY OF SERVICE TO SANTA CLARA LAW A farewell to three long-time faculty members who retired in 2016




“I was interested in teaching law even before I graduated from law school,” Professor Kenneth A. Manaster says, adding that he loves “the lively, thought-provoking exchanges of ideas with students in the classroom.... It has been a frequent, pleasant, and educational surprise to learn what students have already done, are doing now, and are hoping and planning to do in the future.” Santa Clara University’s Presidential Professor of Ethics and the Common Good and—since 1990—a senior counsel at Pillsbury Winthrop Shaw Pittman in San Francisco, Manaster is a long-respected scholar in environmental protection law, administrative law, and torts. He joined the faculty of the School of Law in 1972.

“My work on the 1969 investigation...was a watershed event in my career, in many ways,” says Kenneth Manaster, whose story was told in a 2015 PBS documentary film, Unexpected Justice: The Rise of John Paul Stevens. He has taught environmental law courses at Stanford Law School, the University of Texas, and Hastings College of the Law, and has held the position of visiting scholar at Harvard Law School and Stanford Law School. Looking back at key moments in his career, Manaster points to 1969, shortly before he came to Santa Clara, when he worked with Chicago attorney and (later Supreme Court Justice) John Paul Stevens on an investigation of corruption in the Illinois Supreme Court. “My work on the 1969 investigation...was a watershed event in my career, in many ways,” says Manaster, who wrote about it in his 2001 book Illinois Justice: The Scandal of 1969 and the Rise of John Paul Stevens.


Santa Clara University’s Presidential Professor of Ethics and the Common Good

In 2015, Manaster shared his story in the PBS documentary film Unexpected Justice: The Rise of John Paul Stevens. Manaster was an executive producer of the film, broadcast over 1,000 times on PBS stations across the country. In mid-2016, his latest book was published: Pro Bono Practice and Legal Ethics (Carolina Academic Press), coauthored with Santa Clara Law Professor Emeritus Alan Scheflin and Lecturer in Law Viva Harris. He’s written many environmental law treatises, chapters, and articles, as well as The American Legal System and Civic Engagement: Why We All Should Think Like Lawyers (Palgrave Macmillan 2013). Wrapping up 44 years of teaching, Manaster says he feels honored to have known and worked with “an amazingly energetic and inspiring group of people,” students and faculty alike, during his time at Santa Clara Law. He will continue as coeditor (with Loyola Law School Professor Daniel Selmi J.D. ’75) of the six-volume California Environmental Law & Land Use Practice treatise, as well as with Pillsbury Winthrop. “My wife and I are enjoying what students call a ‘gap year,’ though ours may last for many years,” he says.

LEADERSHIP HIGHLIGHTS Board Member, Bay Area Air Quality Management District Hearing Board, and serving as chair for 11 years, 1973–90 Represented SCU on the Public Advisory Committee of the U.S. Environmental Protection Agency’s study of toxic pollutants in Silicon Valley, 1984–87 Member of the U.S. EPA’s advisory committee on environmental justice issues related to air and water pollution, 2001–05




CYNTHIA A. MERTENS Co-director, Katharine & George Alexander Community Law Center, and Professor of Law

LEADERSHIP HIGHLIGHTS Executive Director, Katharine & George Alexander Community Law Center, 2001–05 Associate Dean for Academic Affairs, 2006–13 Santa Clara Law International Programs Director of Summer Abroad programs in Hong Kong, Geneva/ Strasbourg, and Costa Rica Leader of five student immersion trips to El Salvador

“Back in the mid- to late 1960s, women didn’t go to law school,” says Santa Clara Law Professor Cynthia Mertens, a member of the faculty since 1975. “Mary Emery J.D. ’63 and a few others were the exception.” Back then, Mertens herself had not considered law school either. “I graduated a quarter early from Stanford and was working in juvenile hall when I decided to take the LSAT on a lark,” she recounted. “I had no idea what to expect and didn’t study for it. I just went, sat down, and took the test.” Her score was “just OK” but good enough to get her enrolled at U.C. Hastings. “Even though it was rough for the few women who were there in those days,” she recalls, “after a few months of law school, I felt ‘law’ came naturally to me.” Then, before she had even completed law school, Mertens found her dream job at California Rural Legal Assistance (CRLA), the premier legal services program in the country at the time. “I had decided while in law school that I wanted to use my talents to help those who wouldn’t otherwise have representation,” she says. Soon after passing the Bar, she was arguing a case in federal court on behalf of a CRLA client. “The judge—male of course—seemed to be having such fun asking me questions and making comments … I don’t know if a woman—and a young one at that—had ever appeared before him. I soon relaxed and enjoyed the banter back and forth. We won the case.” For Mertens, the moment was one of her most significant. “I was able to hold my own,” she explains, “and I knew after that that I could succeed in law practice.” A few years later a colleague suggested she apply for a teaching position at the Law School. Dean George Alexander offered her a one-year contract position; no tenure-track positions were open. She thought “Why not?” Her first teaching assignment was not a stroll but a marathon: the evening Property class, which was taught in one three-hour block to around 100 students from 7 p.m. to 10 p.m. “Most of the students were male, most were older than I, and many didn’t think a woman could possibly know enough to teach,” she recalls.


Despite the challenging start, Mertens discovered that she loved teaching and working with students, and she was also gratified to see the large numbers of students who were committed to social justice. “They inspired me,” she says. “I always felt I learned as much from my students as they did from me,” she adds. “The extensive contacts I still have with many former students who are now my friends has been a tremendously rewarding part of my job.”

“I always felt I learned as much from my students as they did from me,” says Cynthia Mertens. “The extensive contacts I still have with many former students who are now my friends has been a tremendously rewarding part of my job.” “Retirement” does not seem to be a word in Mertens’ vocabulary. She prefers to call this next stage “rebooting.” Recruited by a former student, Mertens is one of four founding principals in a new company, TriHaven Investment Group LLC, an approved immigrant investor regional center focused on China and Korea investors. She will also continue to consult as an expert witness in real estate cases. She is spending more time with friends and family, including a hike this past summer—41 miles of the Appalachian Trail. Talk about a “reboot”!


GERALD "JERRY" UELMEN Professor of Law and Director, Edwin A. Heafey Jr. Center for Trial and Appellate Advocacy

Dean, student diversity jumped from 15 percent to 30 percent, and faculty diversity rose to 25 percent. He presided over the development of, for example, the Intellectual Property Association (in 1987), the Public Interest Endowment (1989), the High Tech Law Advisory Board (1990); the East San Jose Community Law Center (1993), and new academic certificates in public interest, high technology, and international law. After stepping down, he continued to teach Evidence and other criminal law courses, along with a popular course he invented, Drug Abuse and the Law. In 2001 students in that class accompanied him to Washington when he argued the first medical marijuana case before the U.S. Supreme Court. The prolific author of nine books as well as numerous articles and op-ed pieces, Uelmen is best known for his work on the defense team for the People v. O.J. Simpson case in 1994– 95. In fact, Uelmen coined the trial’s most famous line—“If it doesn’t fit, you must acquit.” Two books describe that experience: Lessons from the Trial: The People v. O.J. Simpson (1996), a detailed look at the trial tactics, and the recently published If It Doesn’t Fit: Lessons From a Life in the Law (2016), a reflection on his career (www. “But the case of which I am proudest,” Uelmen says, “was the successful postconviction defense of Gordon Castillo Hall, a 17-year-old Latino from East L.A. who was sentenced to life imprisonment for a homicide he did not commit.” Uelmen and his wife of 50 years, Martha, have three grown children and two grandsons. Trips to Sicily and Cuba are already on the agenda, as are “another book or two.”

As a teenager attending Mount Carmel High School in 1950s Los Angeles, Jerry Uelmen read about Clarence Darrow and later watched dramatic courtroom movies like Inherit The Wind. He knew even then what he wanted to do: practice criminal law in the courtroom. After earning his bachelor’s in political science from Loyola University of Los Angeles (now LMU) and being named the 1962 Outstanding Debater in Southern California, he went east to Georgetown University for law school. An editor of the Georgetown Law Journal and winner of more competitions, he stayed on to earn his LL.M. Returning west, Uelmen served as assistant U.S. attorney for the Central District of California from 1966–70, where he prosecuted organized crime cases, among others. He began teaching at Loyola Law School while keeping one foot in the courtroom as a criminal defense attorney. In 1986, Uelmen was recruited to become Dean at Santa Clara Law. “I ended up staying here for 30 years,” he says. “I felt like part of the family from the very beginning.” As Dean from 1986–94, Uelmen led the school with a passion for diversity and social justice, peppered with good humor and wit, ending his Evidence course with a singalong (see sidebar) and playing his accordion at the Law School’s yearly holiday party. During his tenure as

LEADERSHIP HIGHLIGHTS Dean of Santa Clara Law, 1986–94 Board of Directors, California Habeas Corpus Resource Center, 1987–2005 Board of Directors, Sixth District Appellate Project, 1994–2005 Director, Heafey Center for Trial and Appellate Advocacy, 1995–2016 Chair, California Lawyer Editorial Advisory Board, 2000–15 Executive Director, California Commission on the Fair Administration of Justice, 2005–08

EVIDENCE (a song by Gerald F. Uelmen, sung to the tune of the namesake song of the musical Camelot)


“A law was made a distant moon ago here, A code which doesn’t make a lot of sense, But every student of the law must know it, It’s Evidence.”





Alumni Keep your fellow law alumni posted on what's happening. Email your news to or send to: Law Alumni Relations Santa Clara University 500 El Camino Real Santa Clara, CA 95053.

1957 Curtis Cole B.S.

’55 travels and is still active on the Santa Clara Board of Fellows. He retired from his worker’s compensation law practice in 2005.

1969 Dan Kelly and his

wife, Carole, have been married for 50 years. They live in Napa and San Francisco, and have two sons and three grandchildren.

1973 The name of

deceased classmate Brien Thomas “B.T.” Collins


B.A. ’70 was added to the California Vietnam Veterans Memorial in Sacramento in May. His death in 1993 was determined to have been from injuries he suffered in his military service in the Vietnam War. He lost an arm and a leg in combat. He later served as a top aide for Gov. Jerry Brown and in the California Legislature.

1975 Mary Dullea

Hood B.A. ’70 relocated to Crossville, Tenn., after over 60 years in the Santa Clara

Valley. She writes “love living on a lake and having seasons. Peaceful and quiet.” She retired in 2014 after 46 years at the Heafey Law Library.

1976 Margaret “Peggy”

Holm has joined Sedgwick’s Orange County office as a partner, from Bonne Bridges Mueller O’Keefe & Nichols. She is a fellow of the American College of Trial Lawyers and has completed more than 150 civil jury trials. She represents medical

1986 Hon. Peter Kirwan

heads the complex litigation department of the Santa Clara County Superior Court’s Civil Division, after two years as supervising judge of the Civil Division. He teaches mediation at the School of Law as an adjunct professor. He is the incoming president of the Santa Clara Inns of Court. He serves on the board of the Association of Business Trial Lawyers and is a continuing education lecturer and speaker. Elisa Smith is vice president and general counsel at MarkLogic, where she is responsible for global legal affairs. Her legal career spans more than 25 years and she has served as a law firm partner as well as head of an in-house legal and human resources department. Prior to joining MarkLogic, she was GC and secretary of eMeter Corporation, an enterprise software company. She advised eMeter from its initial startup phase through its merger with Siemens. She has also served as a

corporate partner at Pillsbury Winthrop LLP and Sideman & Bancroft LLP.

1987 Peter Califano

is the president of the Commercial Law League of America. He has over 29 years of experience representing parties in insolvency-related matters, including bankruptcy, state law insolvency proceedings, litigation, and related business transactions. Leslie Lopez is deputy director and chief counsel at the California Department of General Services. Previously, she served in the Brown and Schwarzenegger administrations as general counsel, and prior to that, she was a deputy attorney general with the California Department of Justice.

1988 Anne Lawlor

Goyette is a special master and mediator. She has managed and resolved complex litigation and civil disputes in court and outside formal litigation for 18 years. From her office in Burlingame she handles cases involving business, professional liability, and personal injury. Taryn Hook lives and writes near Honolulu, Hawaii. Her novelette, “Van Gogh’s Slice,” was published in the literary journal Abstract Jam.

1989 Daniel Sodergren

is city attorney for the city of Pleasanton.


organizations and professionals in malpractice, wrongful death, neglect, abuse, and fraud cases. She also handles employment litigation and professional liability claims. Curren D. Price Jr. is a Los Angeles City councilman. He chairs the Economic Development Committee and serves on a committee to coordinate the city’s bid to host the 2024 Summer Olympics. Previously, he served in the California Legislature. He is married to Del Richardson, a businesswoman and social activist. They have two grown children and three grandchildren.

Santa Clara Law Alumni Admitted to the Supreme Court Bar of the United States Santa Clara University School of Law is pleased to announce that 27 graduates were admitted to the bar of the Supreme Court of the United States on Monday, April 4 in Washington, DC. John Cruden J.D. ’74, U.S. Assistant Attorney General, was the movant who presented the group, by individual names, for admissions to the court to Chief Justice John Roberts. Other justices present on Monday’s bench observing alumni admissions were Associate Justices Ruth Bader Ginsburg, Elena Kagan, Anthony Kennedy, Sonia Sotomayor, and Clarence Thomas. The Santa Clara Law graduates and friends admitted are: Kevin Albanese B.S. ’96, J.D. ’98, Heather Allan J.D. ’04, Bob Allard, Mark Andrus J.D. ’12, Subroto Bose J.D. ’02, Peter Brewer J.D. ’79, Bill Clayton B.S. ’71, J.D. ’74, Karin Cogbill J.D. ’06, Kevin Cogbill J.D. ’05, Javed Ellahie J.D. ’74, Robert Forni J.D. ’95, Ted Hannig J.D. ’83, MBA ’84, Michael Ioannou B.S. ’70, J.D. ’80, Lisa Kloppenberg, Andy Kryder B.S. ’74, J.D./MBA ’77, Ethan Kuritz L.L.M. ’10, Chip Lion J.D. ’82, Tim Lundell J.D. ’75, Eva Martelle J.D. ’04, Dave Martens J.D. ’09, Mary McCurdy B.S. ’81, J.D. ’84, Kevin McCurdy, Laura McHugh J.D. ’95, Ed Medlin J.D. ’82, Tanya Moore J.D. ’99, Mike Murphy B.S. ’80, J.D. ’83, James Prosser J.D. ’74, Karen Russell J.D. ’83, and Jose Velasquez J.D. ’83.

1991 Bea Grause is president of the Health Association of New York State, which represents about 500 nonprofit and public hospitals, nursing homes, home care agencies, and other health




care organizations in the state. Grause had been president and CEO of the Vermont Association of Hospitals and Health Systems for 14 years. She began her career as a registered nurse, primarily in the emergency room and intensive care, in Santa Clara. She also worked for 10 years in Washington, D.C. in several roles, including as a legislative assistant to Rep. Norman Y. Mineta of California, and Rep. Joseph P. Kennedy II of Massachusetts. She lives in Albany with her husband, Mark Moore, and their two children, Blaine,15, and Genna,12.

1992 Niall McCarthy

was named to the list of Top Plaintiff Lawyers in California by the Daily Journal in June. A principal at Cotchett, Pitre & McCarthy, he has been selected as a top plaintiff attorney in California and the United States by multiple

publications, including the National Law Journal and Lawdragon Magazine. From 2004 to 2016, he was named a Northern California “Super Lawyer” by San Francisco Magazine.

1994 Fernando Gutierrez was instrumental in convincing the California Board of Psychology to approve a requirement of continuing education in multicultural issues for California psychologists. The board approved one hour every two years.

1996 Nadine K. Bahnan

is a partner with Fragomen, the leading provider of immigration services worldwide. She joined the firm in 2000 and advises a variety of clients, from small organizations to Fortune 500 companies, on U.S. immigration matters including regulation, policy, compliance and overall immigration program manage-

ment. Jimmy Panetta won the June primary for the 20th Congressional District, which includes Monterey and San Benito counties, with portions of Santa Cruz and Santa Clara counties. His father, Leon Panetta B.S. ’60, J.D. ’63, represented the same area in Congress from 1976 to 1993.

1997 David Garrett is

president at CISO Advisory & Investigations.

1998 Joshua Hicks B.A.

’95 is a partner at McDonald Carano, a large Nevada law firm. He is chair of the firm’s government affairs practice group and a member of its law practice group. Before entering private practice, he was chief of staff to Nevada Governor Jim Gibbons. He also has worked as a senior deputy attorney general in the Nevada Attorney General’s Office. Andrew

Kim M.A. ’94 was appointed as judge on the Los Angeles County Superior Court. He previously had been a deputy district attorney for the Los Angeles County District Attorney’s Office since 1999. Charles Mirho is co-founder and chief legal counsel at TurboPatent, a cloudbased platform that aids attorneys in preparing patent applications.

1999 Peter Coe Verbica

B.A. ’82 published HardWon Cowboy Wisdom (Not Necessarily in Order of Importance), maxims from five generations of ranching tradition. He works for the wealth management group of a large investment bank in Silicon Valley. Pallie Zambrano was named a 2016 Woman of Influence by the Silicon Valley Business Journal. She is a partner at McManis Faulkner in San Jose.

Three Alumni Make Silicon Valley Business Journal’s 40 under 40 List

Sheeva Glassemi-Vanni J.D. ’06

Britten Sessions J.D. ’11

Dori Yob J.D. ’03

Three Santa Clara Law alumni—Sheeva Glassemi-Vanni J.D. ’06 at Fenwick & West, Britten Sessions J.D. ’11 at ZilkaKotab PC and Lincoln Law School of San Jose, and Dori Yob J.D. ’03 at Hopkins & Carley—were named to Silicon Valley Business Journal’s 2016 40 Under 40. Winners must have achieved a high level of responsibility in their careers—whether in for-profit, nonprofit, or government—and contributed to the betterment of the region through community involvement. For the SVBJ photo shoot which was done in a retro style with a Polaroid camera, honorees were asked to bring an item that was important to them.


’97 was chosen as a 2016 Woman of Influence by the Silicon Valley Business Journal. She is a partner at Orrick, Herrington & Sutcliffe in Menlo Park. She represented venture capital firm Kleiner Perkins in a highprofile trial last year, defeating gender discrimination claims brought by former partner Ellen Pao. Leonard Lun J.D./MBA is founder, president, and CEO of Upper V Athlete Management, an agency that represents women’s professional soccer players.

2001 Garret Murai has

been named a JD Supra Top Author, where he has written articles on construction and insurance. He is a partner at Wendel, Rosen, Black & Dean.

2003 Patricia Ball B.S.

’98 married Erik Alberts on Feb. 20 in Santa Monica. Classmates in attendance included Jarvis Murray, Carolyn (Lees) Metnick, and Amanda Fornwalt. Patricia and Erik both practice law in Los Angeles and live in Santa Monica. Cynthia (Nulman) Gresser is chief deputy district attorney for the Santa Barbara County District Attorney’s office. She

2005 Nafiz Ahmed is a

criminal defense lawyer at Ahmed & Sukaram, with offices in Redwood City and San Jose. He has been a Super Lawyers Rising Star from 2012 to 2016, as well as a Top Lawyer in California in 2013.

2006 David Tsai was

recognized in the California Legislature with the Asian Pacific Islander Legislative Caucus Excellence in Civil Rights Award.

2007 Geoffrey Ling works in immigration litigation in Los Angeles for the U.S. Department of Homeland Security at the office of the principal legal advisor, immigration and customs enforcement.

ON THE COURT IN RIO Sebnem Kimyacioglu J.D. ’12 is a member of Turkey’s 2016 Olympic Basketball Team. She joined the team in May 2016 and competed in the Olympic Qualifying Tournament in Nantes, France, where she was third on the team in scoring, averaging 9.7 points on 55.6 percent shooting, including a 56.2 percent clip from behind the arc.

2008 Kevin Albanese

was named one of Silicon Valley Business Journal’s Power Executives. He is president and CEO of Joseph J. Albanese Construction and a member of the Contractors’ State License Board.

2009 Stephanie Rocha

B.A. ’00 is a partner at Miller Morton in San Jose. She represents builders in construction litigation, including defect and payment disputes, and other clients in real estate and business matters. She is a member of the Santa Clara Chapter of the National Association of Women in Construction, and is on the board of directors of the Builder’s Exchange of Santa Clara County. She previously held several board positions for the Santa Clara County La Raza Lawyers Association.


2000 Jessica Perry B.S.

C O U RT E S Y O F S E B N E M K I M YA C I O G LU J. D . ’ 12

C O U RT E S Y O F PA LLI E Z A M B R A N O J. D . ’ 99

Pallie Zambrano J.D. ’99

has been a deputy district attorney since 2006, and has prosecuted a variety of serious cases, including murder, street gang crimes, and elder abuse. She was Deputy District Attorney of the Year in 2011, and received the Santa Maria Elks Law Enforcement Appreciation Award for Outstanding Performance in 2015. Jennifer Renk is a partner at Sheppard Mullin in San Francisco, where she practices land use and environmental law. She has worked on a variety of projects, including Facebook’s Menlo Park headquarters, and mixed use projects in Menlo Park and Mountain View. Michael Viglia is city attorney for Antioch. Previously, he was an assistant city attorney for Hayward, a deputy city attorney in Fresno, and a deputy district attorney with the Tulare County District Attorney’s Office.

Matt Faustman J.D. ’10

2010 Matt Faustman

MBA was named one of the “Next Wave Top Professionals 35 and Under” by LinkedIn. He is co-founder and CEO of UpCounsel, which matches vetted attorneys with businesses looking for quality affordable legal services. Zhou Lu is an associate practicing intellectual property law with the Polsinelli firm.




2011 Alex Kassai B.S.

’08 is a senior associate at Cooley in the firm’s emerging companies group. Named a Rising Star by Northern California Super Lawyers, he helped lead the Pure Software IPO. Jason Maples is a data scientist for legal analytics company Lex Machina, a patent data science company. Nicole Zellitti B.S. ’06 works in business development and marketing for the venture capital group at Cooley. Previously, she was in business development for Orrick in San Francisco.

2012 David Feldmeier is the CEO of GazelleTech as well as Twin Dolphins Software.

2013 Annie Laurie Abriel

for the Los Angeles County District Attorney’s Office.

In Memoriam

2014 Victoria Loomis is

We publish news of the passing of our Law School alumni as we learn of it. Family members may submit obituaries and photos for publication online and in print at

an associate at Miller Morton in San Jose. She handles civil litigation for businesses and other clients in real estate, contract, and construction disputes. Nicole Shanahan is the CEO and founder of ClearAccessIP, a patent docketing firm.

2015 Roxanne Cremene

is an associate at Miller Morton in San Jose, in a civil litigation practice involving business contracts, construction, and real estate. Henry Gage III B.A ’11 was recently appointed to the Santa Clara University Board of Trustees. He is an associate attorney with Richard, Thorson, Graves & Royer.

is a deputy district attorney

Hidden Mickey Revealed

1940 George Doll A.B.

’38, May 13, 2016. He was born in Santa Clara, and served in the Navy during World War II. He was an assistant U.S. attorney in San Francisco and practiced law for many years in Redwood City.

1957 Vincent West

Reagor, May 3, 2016. A U.S. Army veteran and University of Nevada graduate, he was an assistant chief deputy in the Sacramento County District Attorney’s Office and a special prosecutor with the California Attorney General’s Office. He is survived by his wife, a daughter, two grandsons, and one great-great grandson.

1958 Patrick J. Ford

B.A. ’55, Feb. 1, 2016. He is survived by his wife, brother Terrence Ford B.S. ’57, J.D. ’59, and two children.


1960 John Nolan B.A.

Congratulations to readers Leota Gonzalez, Carly Koebel, Jacqui Prisbylla, Marilla Ronald J.D. ’90​, and Britton Schwartz​who found the hidden Mickey on page 27 of our Spring 2016 issue. Thanks for playing along with us as we celebrated Santa Clara Law’s ties with the mouse. 30 SANTA CLARA LAW | FALL 2016

’56, May 9, 2016. He grew up in the East Bay and was an assistant port attorney for the Port of Oakland for 30 years. In retirement, he spent time in his vacation home in the Santa Cruz Mountains. Survivors include his wife, three children, and seven grandchildren.

1963 Edward Hinshaw,

March 21, 2016. A San Jose trial lawyer who defended physicians in medical negligence cases, he spent nearly two decades with Rankin Oneal before founding his own firm, Hinshaw, Marsh, Still & Hinshaw, in 1985. He was a fellow of the American College of Trial Lawyers. In 2006, he received an award from the Santa Clara County Medical Association, in recognition of his contributions in the health field. He was an avid sportsman, accomplished athlete, and fierce competitor, having been an all-American swimmer and water polo player at the College of Pacific. Survivors include his wife and four children, including Jennifer Still ’88 and Brad Hinshaw ’90, along with ten grandchildren.

1968 William Spruance,

Feb. 12, 2016. After military service, he attended the School of Law and was editor of the Law Review. He practiced for 35 years with the firm of Minasian, Spruance, Meith, Soares & Sexton in Oroville, also serving as general and special counsel to numerous public agencies, particularly water agencies. He loved sailing on Lake Oroville. He is survived by his wife, two daughters, three grandchildren, and a brother.

1988 Tim Haslach B.S

’83, July 6, 2016. Based in Oregon since the early 1990s, he worked for Schwabe, Williamson & Wyatt where he was most recently the Practice Leader of the Business Group. He was a pioneer and leader in his field, and he helped

form the Open Connectivity Foundation (OCF), the guiding standard body for the “Internet of things.” He is survived by his wife, two children, mother, four sisters and their children, and several cousins.


1992 River Ginchild

Abeje, Nov. 7, 2015. She was a public interest attorney for many years. In 2009, she was honored with a social justice service award by the School of Law. She worked as a supervising attorney for the East Bay Community Law Center in the Clean Slate practice. Previously, she was a policy specialist for the Office of Citizens Complaints advancing accountability of the San Francisco Police Department, and was a staff attorney at Legal Services for Prisoners with Children. She was an artist, a mother, and an avid bicyclist.

1992 Gina Grandolfo,

March 6, 2016. She worked for law firms and then in-house for such companies as Hyundai Electronics America and Sun Microsystems before opening her own practice. In 2009 she relocated with her family to Southern California and practiced law in Tustin. She specialized in tech licensing, intellectual property, and corporate law, and for several years taught a popular Tech Licensing Class at Santa Clara Law. She is survived by her husband, a son, her parents, and a sister. Classmates and friends gathered on campus on June 17, 2016 at a celebration organized by Ellie Schuerman ’92 and Alexa Horne ’92.

OCTOBER 2016 7

SANTA CLARA Law Class of 1966 Medal Ceremony, Locatelli Center


SANTA CLARA Law Alumni Reception & Dinner Dance Party, Locatelli Center


SANTA CLARA St. Thomas More Society of Santa Clara Red Mass, Mission Santa Clara


SAN JOSE Katharine & George Alexander Community Law Center Annual Celebration, Hotel Valencia

NOVEMBER 2016 10

SANTA CLARA Law Celebration for December Graduates, Bannan Hall


SANTA CLARA Dean's Circle Reception, Vari Hall


SANTA CLARA SCCBA Swearing-In Ceremony, Mission Santa Clara


SANTA CLARA The 7th Annual Solo Practice Seminar, Locatelli Center

MARCH 2017 2

REDWOOD CITY NCIP Justice for All Dinner, Hotel Sofitel


SAN JOSE Celebration of Achievement Alumni Awards, San Jose Fairmont Hotel

MAY 2017 19

SANTA CLARA Baccalaureate Mass, Mission Santa Clara


SANTA CLARA Law Commencement, Mission Gardens

For more details, visit We send a monthly email to alumni with events and other updates. Please be sure we have your preferred email address by sending a message to




Are citizen-recorded videos of police shootings a boon for justice? B Y M A RG A R E T M . RU S S E L L , P RO F E S S O R , S A N TA C L A R A L AW


n the understandably volatile aftermath of the killings in Baton Rouge, La., Falcon Heights, Minn., and Dallas, the role of citizen-recorded videos has been at the forefront of debates over police tactics. On one hand, civil rights activists know the videos simply make “viral” a level of brutal misconduct that has existed for a long time. On the other, skeptics say the videos are evidence of a piecemeal and potentially misleading nature. In my view, both perspectives are valid and both are convincing reasons why citizen videos promote justice in potent and irreplaceable ways. First, from a legal perspective, the very nature of evidence is piecemeal and contextual; its value is to present or lead to proof that can establish material facts at trial. Citizen videos, spontaneously produced by bystanders who quickly grab the nearest cellphone or camera, are partial depictions that nevertheless reveal the specifics of police-civilian interactions in undeniable ways: • In Staten Island, N.Y., Eric Garner gasped while dying from a police chokehold and repeatedly said, “I can’t breathe.” • In Cleveland, 12-year-old Tamir Rice was shot dead in a park as he played with a toy gun. • In North Charleston, S.C., Walter Scott was shot eight times in the back as he fled a police officer during a traffic stop. To this tragic litany we now add the videos of Alton Sterling, tackled and shot outside a convenience store, and Philando Castile, shot and left bleeding 32 SANTA CLARA LAW | FALL 2016

to death in his car as a 4-year-old girl watched. As more details about the pair of killings emerge, the videos will be critical evidence in providing a full context of events. Second, the media’s dissemination of citizen videos has raised the awareness of millions of people about the everyday experiences of people of color, particu-

Anyone with a cellphone camera has the power and the right to record police interactions in public as long as the recording is not physically obstructive. The American Civil Liberties Union’s Mobile Justice and Stop and Frisk apps, among others, are freely available. These apps enable witnesses to submit videos of troubling law enforcement actions to the ACLU while also

Anyone with a cellphone camera has the power and the right to record police interactions in public as long as the recording is not physically obstructive. Margaret M. Russell

larly African-American and Latino men, with respect to interactions with police. Even conservatives like Newt Gingrich have finally publicly acknowledged that the criminal justice system is infected with racism and that mass incarceration has become a crisis. Videos have helped the broader public to see the truth in long-standing empirical studies and anecdotes about racial profiling and police misconduct: that being black or brown absolutely matters in terms of one’s chances in the criminal justice system, from traffic stop to trial to prison. Finally, the most important value of citizen videos in promoting justice is that it’s a technique we all can use, if we are so inclined.

alerting other nearby users to the incident. The apps thus promote transparency, which is at the heart of the legitimacy of police accountability in our country. Although many police departments have adopted body cams for their officers, the existence of external videos better ensures that a complete version of events will exist. The existence of both the citizen videos and the body cam videos will also help community members work with police departments that are seeking to change their procedures and enable more productive conversations about what actually happens in such encounters. With awareness and discussion, the hope is that the videos will not inflame, but enlighten.

BUILD OUR FUTURE Contribute to Charney Hall today! Construction has officially started on the Howard S. and Alida S. Charney Hall of Law (see page 6) and now is your chance to contribute to the legacy of Santa Clara Law by supporting this historic endeavor. Join the Charney Challenge and submit your donation today using the envelope included with this issue of the magazine. Or simply go to our website at to make your donation online. For naming opportunities, please contact Karen Bernosky, Senior Director of Development, at (408) 551-1749 or or Madeline Fineman, Associate Director of Development, at (408) 551-1763 or

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Santa Clara University Santa Clara Law 500 El Camino Real Santa Clara, CA 95053-0435 The Law School of Silicon Valley


Santa Clara Law welcomes Thomas Lavelle J.D. ’76 as the new managing director of the High Tech Law Institute at Santa Clara Law “Tom Lavelle has built up wonderful connections in Silicon Valley and has decades of valuable experience helping technology companies navigate the technology law landscape. We are delighted that this highly dedicated and accomplished alumnus will be helping lead the High Tech Law Institute, ensuring that our students are well prepared to meet the needs and demands of tech leaders worldwide.” —LISA KLOPPENBERG, dean of Santa Clara Law See Page 10

Santa Clara Law Magazine Fall 2016  
Santa Clara Law Magazine Fall 2016